San Benito County Grand Jury • 2012-2013

2012 / 2013 San Benito County - Civil Grand Jury Report*

Published: July 31, 2013 88 pages
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Findings and Recommendations 10 findings

F1
At least 72 hours prior to a regular meeting, the body must post an agenda containing a brief general description of each item to be discussed or transacted at the meeting, including items to be discussed in closed session. (§ 54954.2(a).) (http://ag.ca.gov/publications/2003 Main BrownAct.pdf). tellions and surprise a subsequence of the state of the state of the state of the state of the state of the state of the state of the state of the state of the state of the state of the state of the state of the state of t ret i suursaa, ed at zertuur étit lat haufturtuit a haus via 6- za uurdaru zuch, ergreenspar To both the "Are all officed and arresport of an appear will be block on territoring with will assignment the 1970년 - 2017년 1일 1일 대표를 하면 1980년 1일 1일 1일 1일 1일 1일 1일 1일 1일 1일 1일 1일 1일 With him a sell of maniscalidary to so be with more entrour and two ones of the exceptions to 710-7-1 "Lindo-1550 . I'm liferith fold a. Louwiff of Reynay, a "mir out log I'm dot ni y ten googet manine and the state of the If the council does not have access to the information contained in an agenda item's backup packet, neither does the public. However, as noted in a resolution by the League of Cities: the state legislature recently passed AB 1464, a budget trailer bill signed into law on June 27, 2012, which contains a schedule of state mandates that are suspended during the 2012-2013 budget year, including the Brown Act (http://www.cacities.org/opengovernment).
Related Recommendations (1)
R1
that govern posting of agenda items, we would like to recommend that the amount of time the city council has to review its agenda and information packet prior to council meetings be lengthened. Given that council meetings occur on the first and third Monday, with agendas being posted on the Friday prior, it could prove difficult to contact appropriate staff with any questions that might arise from reviewing the information over a weekend. In addition, even with a lengthened amount of time, council may still have challenges in having questions answered given the current number of staff. In an effort to bring more public awareness to the happenings of its city
F2
While the city does not need to follow the Act currently, the League of Cities is recommending that city councils still follow its provisions.
Related Recommendations (1)
R2
government, The SBCCGJ would like to note how to access the public agenda of the City Council. From the City homepage (http://hollister.ca.gov/site/index.asp), click the link on the left hand side that says, "+ City Council." This will open to provide several options. Select "Council and Former Redevelopment Agency Agenda." This will then have a page that displays a username and password to enter once you click on the logo that is named "Laserfiche ® Weblink." This will open a new webpage where you will enter the username and password given from the previous page. From here you will see an icon of an open folder. Click the "+" and sub-folders will open. If you click the "City Clerk" folder and you will see agendas, minutes, ordinances and resolutions folders that may be opened in the same way until you find the information you seek listed by Council meeting date.
F3
Based on interviews, it appears that staff is notifying the council of agenda items in a timely fashion and that agendas are being posted online for public review.
Related Recommendations (1)
R3
We would recommend packets be provided 7 calendar days prior to a meeting. Response Required: The California Penal Code 933 (c) and 933.03 requires a response to the findings and recommendations made in this final report be delivered to the Presiding Judge of the Superior Court. The following affected agency shall respond to all relevant findings and recommendations. The affected agencies are: Hollister City Council (response required ) • City of Hollister, Mayor (response required )
F4
County employees have been laid off and others have been forced to take "furlough" days off leaving County offices open to the Public fewer hours per week with less staff to perform all the required duties.
Related Recommendations (1)
R4
Continue to review the effectiveness of County Building Fees. We recommend a closer look at fees charged for adequacy and accuracy.
F5
Further layoffs, especially in safety areas, jeopardize the safety and security of the citizens of San Benito County.
Related Recommendations (1)
R5
Review County's Representation, (outside sources), when negotiating with Unions. Do they promote the county's views?
F6
Worker's compensation issues do not allow for efficient utilization of personnel within the Sheriff's Department.
Related Recommendations (1)
R6
Investigate extensively the hiring of expensive outside consultants versus utilizing qualified talent within our own County. We suggest the creation of guidelines for the use of consultants. amustica (3 nd twa. The ladi on toward, whether we have the constant department of the first of the constant of the constant of the constant of the constant of the constant of the constant of the constant of the constant of the consta uni mini il II kuri. Na ki estateman aten irki a esci (bili edik e edik e 전기가 하는 보게 되었다. 마다는 이번에도 작가 되는 아니라 보다 보다는 사람들이 보고 있다면 보다 되었다. the state of the state of the state of the state of the state of the state of the state of the state of the state of the state of the state of the state of the state of the state of the state of the state of the state of t Response Required: The California Penal Code 933 (c) and 933.03 requires a response to the findings and recommendations made in this final report be delivered to the Presiding Judge of the Superior Court. The following affected agency shall respond to all relevant findings and recommendations. The affected agencies are: Or Incase are officer sacial by a basil, at the british first San Benito County Board of Supervisors (response required ) San Benito County Sheriff (response required ) • the state of the second state of the second state of the second state of the second state of the second state of the second state of the second state of the second state of the second state of the second state of the secon administration of the evaluation and the state of the state of the state of the state of the state of the state of the state of the state of the state of the state of the state of the state of the state of the state of the er mar en la lette continte la llubbació en exemple de la selectual de la la lette de la lette de la companier make the first of the color of the first three three transfer of the first three transfers and the first transfers of the first transfers of the first transfers of the first transfers of the first transfers of the first tr uncelumna in course as curious but the site offer office, a poor of Quantum ALL THE STREET STREET ramed witness it wild is word have NAMES OF TAXABLE PARTY AND ADDRESS OF TAXABLE PARTY. DUN and I I diffic a soluminal section 5대통령 - 1 - 1 - 1 - 1 - 1 - 1 - 1 - 1 - 1 - real matter of the first territory is a property of the property of the property of the property of the property of the property of the property of the property of the property of the property of the property of the proper No. and an increasing another and the second and the second and the second and the second and the second and the second and the second and the second and the second and the second and the second and the second and the second a Conducted by County Government Committee Purpose of the Inquiry: Through other investigations, the Grand Jury discovered that San Benito County might be lacking a formal records retention policy. It was put onto the County Government Committee to research this issue and report its findings. Summary: San Benito County does not have a records retention policy. There were attempts to adopt such a policy but due to a lack of infrastructure and personnel a formal policy was put on hold. The county is looking at measures to address this issue and put in place a policy that is both enforced and monitored. The County however has several retention resolutions in place at current for the Sheriff’s Office, County Counsel and the Treasurer's Office. Methodology: Q&A interview with the County staff in March 2013.
F7
School protection is a big issue throughout the United States and San Benito County can currently fund only half of the position's required staffing for the effort.
Related Recommendations (1)
R7
The School Service Officer should be fully funded in the San Benito County and City of Hollister.
F8
The security coverage responsibilities for San Benito High School are shared by both the City of Hollister Police and San Benito County Sheriff's Department.
Related Recommendations (1)
R8
Security coverage for San Benito High School should be assigned to either San Benito County or the City of Hollister Police Department, but not both. With the assignment to both, jurisdictional issues can arise and cause delays in response. Conclusion: The San Benito County Sheriff's Department is doing a good job with the manpower and resources available to them. They have developed some innovative programs and techniques based on forward thinking to implement changes brought on by AB109 (The Public Safety Realignment Act of 2011.) The Department has spread its manpower as best it can to thwart an increasing crime rate in the county. The community can be proud of the service and dedication of the Sheriff and Officers to the safety of the citizens of San Benito County. The men and women of the San Benito County Sheriff's Office that we observed are dedicated to their profession and to the safety of the citizens of San Benito County. STATISTICS IN Response Required: The California Penal Code 933 (c) and 933.03 requires a response to the findings and recommendations made in this final report be delivered to the Presiding Judge of the Superior Court. The following affected agency shall respond to all relevant findings and recommendations. The affected agencies are: San Benito Sheriff (response required ) San Benito County Board of Supervisors (response required ) Hollister City Council (response required ) City of Hollister, Mayor (response required ) San Benito County Civil Grand Jury Report 2012-2013 San Benito County Jail Review Report 9 Conducted by Law & Justice Committee California Penal Code Section 919, subdivision (b) provides: "The Grand Jury shall inquire into the condition and management of the public prisons within the County". Pursuant to the above statute, the Grand Jury inspected the Jail and Juvenile Detention Center in our County. Introduction: our County Jail is located on the outskirts of our City and is a division of the Sheriff's Office. The capacity of the jail is 145. In the past, our jail has generally housed those inmates sentenced to one year or less in custody. However, now due to AB 109*, the jail is forced to house inmates convicted of much more heinous crimes for extended periods of time. This factor alone presents new challenges and threats to the Staff and other inmates inside the Jail's walls on a daily basis. Our investigation focused a major part of discussions with Staff and the Sheriff on this topic. Approach: The Law & Justice Committee members toured/inspected the Jail in August, 2012. We interviewed Staff at the Jail, observed operations taking place in the kitchen during lunch, in the medical exam area, educational classes and inmates in their daily routines. We also discussed Jail operations with the Sheriff’s Department staff on a later date. *AB 109 allows (and is increasingly mandating that) non-violent, non-serious, and non sex offenders to serve their sentences in county jails instead of state prisons. Discussion: Upon being booked into the jail, each inmate is issued a particular color jumpsuit to help identify his or her security level. Each must also wear a wrist band identification to assist in rapid visual determination of that security level. At the time of booking, it is decided if an inmate requires special placement such as a sobering cell to be monitored when arriving intoxicated. There are also "safety cells" as well as special equipment to handle suicidal and psychological distress situations. Inmates placed in one of the special areas are monitored more frequently than other inmates. Our jail inspection/tour included viewing of the six pods in the jail which house the male inmates, and noted its relation to the Command Center. The pods are contained within a two-story area with stairs to reach a top mezzanine floor within each pod. All pods are completely visible to Command Center personnel. The Command Center personnel are the eyes and ears of the entire male population of our jail 24/7. They have electronic controls to all doors of the pods. In the high security pods, there is a television, a table and water faucet in the common area. One to two inmates occupy one cell. In the high security pods, one cell's occupants are allowed out to roam the common area for one hour at a time. During our visit of the high security pods, one inmate was in the common area who was providing water, and changing the channel on the television for certain inmates who requested these things or some other small task. These high security pods also appeared to be very clean and well-kept. The lower security pods allow all inmates to congregate in the common area together. At the time of our visit/inspection, inmates within the medium security pods were being allowed to roam their pod freely and interact. All inmates seemed calm and to be taking care of themselves and respecting the area and other inmates around them. More tables as well as other amenities were in these lower security pods. The females are housed in two one story areas. The common area is accessible to all female inmates at one time. The area seemed quite crowded but it was explained as within legal occupancy limits. At the time of our visit/inspection, the females were all free to roam their pod. Some inmates chose to remain in their bunks while others were congregating and socializing around the tables. The television was on and a few were enjoying a daytime show. The atmosphere among the female pods seemed to be peaceful and Staff advised us this is pretty much the norm. This seemed rather remarkable, considering the situation. The female pods were very clean and everyone appeared to be taking proper care of themselves and their surroundings. Our jail contracts with a Food Services company for three meals a day. These meals are prepackaged for delivery. At mealtimes they are heated in the jail's kitchen and delivered to the inmates. An emergency/disaster reserve food supply for three days is kept on hand at the jail. There are commissary privileges as well. Special diets are provided for those with medical necessity. The medical services area was very busy at the time of our inspection. There is a registered nurse on duty in the jail from 7:00 a.m. to 3:00 p.m. If an inmate feels he/she needs medical attention, other than under an emergency situation, he/she fills out a sick call form. At appointment time, the ill inmate is escorted to the medical area by a Deputy who is obligated to remain with the inmate at all times. San Benito County currently contracts with a medical advising company from Monterey County. This company is well-versed in the correctional health field. As part of that contract with this private company, staff of the private company decide what tests are to be performed or ordered and are reimbursed for payments to which they would otherwise be entitled. In the event of a possible emergency, this private company has a doctor on-call 24 hours a day, seven days a week. The medical office or jail staff can call this doctor and describe symptoms and visual observations to help the advising doctor decide if the inmate needs to be transported to the emergency room. If so, an ambulance is called or instructions are followed concerning what monitoring and for what predetermined amount of time before his next (updating) examination or phoned discussion. This private company provides, in part, medical supplies, medicines, lab work, x-rays and dental care as part of its yearly fee. to be again to the state of the state of the state of the state of the state of the state of the state of the state of the state of the state of the state of the state of the state of the state of the state of the state of For Court appearances, inmates are currently transported in a van capable of carrying up to 11 passengers. There is often only one Deputy available for this task. The jail can make up to four trips a day into the City for Court appearances.
F9
Many schools in the county do not have security cameras. District Response: The District disagrees with the Finding. San Benito High School District is not in a position to speak on behalf of other local education agencies. As San Benito High School District has installed several security cameras, this Finding may confuse the public into thinking otherwise. Such a Finding should be attached to the local education agency or agencies toward which it is levied.
No recommendations for this finding
F10
The Grand Jury has confirmed that there are eleven school districts and 19 Schools County wide. District Response: The District disagrees with the Finding. Although the District may independently know the number of local education agencies (LEA's) within county boundaries, it is in no position to officially confirm or deny the numbers.
No recommendations for this finding

* This report's PDF did not contain easily extractable text and required Optical Character Recognition (OCR) for analysis. There may be minor errors in the extracted findings and recommendations due to OCR limitations with scanned documents.