Merced County Grand Jury • 2001-2002

to have an attorney at trial (or be advised of the charges against them)*

Published: July 30, 2002 54 pages

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⚠️ Este contenido ha sido traducido automáticamente. El texto original en inglés es la versión oficial. La traducción puede contener errores.

Findings and Recommendations 14 findings

Help Board Clerk I position. The candidate had one year of part-time work experience within management services and one year of previous county employment. The candidate's work experience and college work may not have met all four years of the extensive job qualifications. All educational, clerical and job experience is listed by applicants on a supplemental

Related Recommendations (1)

In order to prevent the costly reconstruction of roads, it is imperative that funding resources be explored which can provide the revenue necessary for a maintenance program to preserve the 1,100 miles of roads which exist in this county. It is recommended that all agencies work cooperatively and that revenue be shared in the best interest of protecting the public's investment in the existing road system.

questionnaire sheet. The listed information is taken in good faith, and applicants are not required to submit copies of their educational or clerical certifications.

Related Recommendations (1)

Policies and procedures regarding the collection of Impact Fees must be developed and put into place immediately. It is recommended that a set schedule for the timely notice of all delinquent fees be included and that a copy of such notices be sent to the Planning Department. It is strongly recommended that the Conditional Use Permit Agreement be revised to include an audit provision. All Conditional Use Permit Agreements must be signed by the applicant.

The Penal Code 484 on Theft required the person(s) to have malicious intent to permanently deprive someone of their property. Chief Moore did not seize property for malicious reasons.

Related Recommendations (1)

In consideration of safety and county liability, careful thought must be given to more appropriate supervision of the work-in-lieu prisoners. COMMENDATION The dedication of the Road Division in the task of maintaining the existing county roads without sufficient funding is commendable. MERCED COUNTY DISTRICT ATTORNEY INTRODUCTION/BACKGROUND As part of an on-going effort to review operations of County Departments, the Grand Jury elected to conduct a review of operations of the District Attorney's Office. METHOD OF INVESTIGATION On March 14, 2002, a committee of the Grand Jury toured the offices of the District Attorney located at 652 W. 20th Street and 1944 M Street, and interviewed the District Attorney and several investigators.

The City of Atwater requires an appointed planning commissioner to be a resident only. (Atwater General Municipal Election Handbook). The City of Merced requires that an appointed planning commissioner be a citizen, a registered voter, and a resident. (Merced County Elections Office). Atwater City Council Ordinance CS 512, pertaining to appointment of planning

Related Recommendations (1)

The Sheriff's Department, along with the County, should immediately look into the feasibility and implementation of similar programs like Placer County's as new revenue sources.

commissioners, was adopted and last reviewed in 1982. The qualifications are listed as follows: "All Council-appointed members of all City Commissions must be residents of the City of Atwater. Such Commission members shall automatically be deemed to have resigned upon changing their place of residence to a place outside the City of Atwater." (Ord. CS 512, 1982). Mr. Marsen's civil office appointment to Planning Commissioner may not have been

Related Recommendations (1)

The County should form a committee to propose a measure to fund new construction of detention/justice facilities. The Grand Jury should review this committee's implementation and progress.

fully reviewed by legal counsel and City Council members before being granted. Mr. Marsen failed to respond to several Grand Jury inquiries. 7.

Related Recommendations (1)

The County should budget for a sole grant writer to be dedicated to Merced County's law enforcement agencies.

During the investigation, evidence indicated that Merced River Mining failed to pay the county road impact fees that were paid to them in advance by CMI. The amount was paid by CMI for the mining year of 1999 with the understanding that Merced River Mining would pay the road impact fees in a timely manner. The Department of Public Works Road Division did not follow through on a

Related Recommendations (1)

The County needs to create a long-term detention facility plan.

Roadway Impact Agreement with Merced River Mining. By not seeking enforcement for the permit condition, the department allowed Merced River Mining to be in noncompliance for several years. While the Grand Jury was investigating this matter, a six-year late payment of 9. $12,188.50 for road fees for the mining years 1994-2000 was received by the County Department of Public Works Road Division. The Grand Jury was given documentation that Merced River Mining was

Related Recommendations (1)

The County needs to create a long-term staffing plan for the Sheriff's Department.

$12,188.50 for road fees for the mining years 1994-2000 was received by the County Department of Public Works Road Division. The Grand Jury was given documentation that Merced River Mining was

Related Recommendations (1)

Automating the phone system in the Sheriff's Department would free up the Security Systems Operators to concentrate on Minute Order updates, accuracy, releases, etc.

F10

being monitored by state agencies for several mining permit noncompliance issues. The Kelsey's have operated a bass fishing business since October 1998. This

Related Recommendations (1)

R10

A simple automated I.D. reader system to check for warrants would streamline and expedite the current manual process, providing for greater accuracy.

F11

bass fishing business has been operating without a county ordinance permit. Memberships are sold for the bass fishing club at an annual rate of $900 for an individual membership or $1500 for a corporate membership.

Related Recommendations (1)

R11

A video camera focused on the front door of administration at the Sandy Mush Facility would ensure the safety of staff during nighttime releases.

F12

At the time of the Grand Jury investigation, it was determined that a county ordinance permit had not been obtained for the family owned bass fishing business. Supervisor Kelsey stated, while under oath, that the Planning Department told her the bass-fishing business did not need a permit. In contrast, the Planning Department stated the Supervisor had been verbally informed that a permit was necessary.

Related Recommendations (1)

R12

An automated front door for the Security Systems Operators to open at Sandy Mush Administration would help improve safety of staff during nighttime releases.

F13

The County Planning Department is within its legal rights to close down or mandate that a permit be obtained for the Kelsey's bass fishing operation. The department, however, has not enforced legal issues with the Kelsey's due to the opposition and retaliation allegedly used by Supervisor Kelsey.

Related Recommendations (1)

R13

The front desk area of Sandy Mush should be made bullet proof for the safety of staff and inmates alike.

F14

During the Grand Jury's investigation it was found that there is not a Code of Ethics Policy in place for County Supervisors.

Related Recommendations (1)

R14

The Sheriff's Department needs to implement a policy for housing two-officer inmates on the ground floor cells to provide for officer safety.

Additional Recommendations 4

These recommendations are not explicitly linked to specific findings.

R15

The Sheriff's Department needs to implement a policy that dictates how many inmates one officer can transport back and forth from Sandy Mush to the main jail.
R16

Only trained correctional officers need to be used to handle every aspect of inmate supervision.
R17

Budgeting must be made so an additional correctional officer can be added to the kitchen area to ensure everyone's safety.
R18

It is recommended that the Sheriff's Department look into the feasibility of having a safety consultant review all aspects of the department.

Commendations 3

CM1

The dedication of the Road Division in the task of maintaining the existing county roads without sufficient funding is commendable. MERCED COUNTY DISTRICT ATTORNEY INTRODUCTION/BACKGROUND As part of an on-going effort to review operations of County Departments, the Grand Jury elected to conduct a review of operations of the District Attorney's Office. METHOD OF INVESTIGATION On March 14, 2002, a committee of the Grand Jury toured the offices of the District Attorney located at 652 W. 20th Street and 1944 M Street, and interviewed the District Attorney and several investigators.
CM2

The Grand Jury recognizes the tremendous team effort by the Juvenile Hall administrators and Merced County officials who have collaborated in the planning and funding of this much-needed facility. The correctional administrators and the head officer were informative and responsive during the tour and presented a genuine concern for the safety and well being of the youths. The Grand Jury applauds the administration and staff of this facility. LOS BANOS POLICE DEPARTMENT AND CITY JAIL Mandated Inspection INTRODUCTION/BACKGROUND It is mandated that all prison and correctional facilities within the county be inspected by the Grand Jury (California State Penal Code Section 919). METHOD OF INVESTIGATION A Grand Jury committee met with Chief Hughes and Commander Knapp of the Los Banos Police Department and Commander Saavedra of the Merced County Sheriff's Department, Los Banos Station on December 11, 2001.
CM3

The Grand Jury committee would like to commend the investigators of the District Attorney's office on their thoroughness on following up on leads and developing new ones. They have left no stone unturned in an effort to help a family find closure to a case that is seven years old. CITY OF ATWATER AND CHIEF OF ATWATER POLICE Complaint Number 01-02-02 INTRODUCTION/BACKGROUND The complainant alleges misconduct by Chief Moore of the Atwater Police Department and Mayor Trevino of Atwater regarding the Police Activities League (PAL), The Atwater Police Department sponsors PAL, a private non-profit corporation. Former Atwater Police Officer Mike Keeler started the non-profit organization January 8, 1998. PAL was to provide constructive activities to youth as an alternative to nonproductive behaviors and promote a stronger relationship between the police and youth of Atwater. A few of the programs sponsored by PAL included karate, boxing, BMX biking, and Go-Karting. The most profitable PAL program was Go-Karting, supported by many parent volunteers and generating nearly $100,000 in the year 2000. A private for-profit business sponsored the BMX bike program, which generated several thousand dollars a year for the PAL program and had a much smaller number of parent volunteers. The BMX bike and the Go-Kart program began sharing leased facilities during the summer of 1999 on property owned by the City of Atwater. That was the beginning of several years of conflict for the organization. This eventually led to complaints made to the Chief of Police and City Council and to the resignation of the director and many of the board members. The close proximity of the two activities, BMX biking and Go-Karting, generated high emotionally- charged negative feelings toward each other. The BMX program wanted to relocate their facility to another area of Atwater. However, the program needed funds to make improvements to the property. Many members of the organization that favored the BMX program felt the dispute could not be resolved to their satisfaction and complained to the City Council, the Mayor, and the Chief of Police. METHOD OF INVESTIGATION 09/22/01 A Grand Jury committee met with the complainant to discuss specifics of the complaint. 10/22/01 A Grand Jury committee met with the former executive director of PAL. 12/06/01 A Grand Jury committee met with Chief Moore in order to complete the investigation. An Internet search was conducted to gather more information about Police Activities Leagues on a statewide basis. A Grand Jury committee interviewed Commander Frank Pietro and Atwater 02/04/02 Police Officer Randy Carruthers. The committee requested and received current PAL Board minutes. A Grand Jury committee interviewed Gordon Spencer, District Attorney and 03/14/02 Wayne Hutton, Supervising Criminal Investigator. A Grand Jury committee interviewed a former PAL Board member. 03/19/02 A Grand Jury committee interviewed a member of the State Police Activities 04/08/02 League in Sacramento. A Grand Jury committee requested and received a copy of the Los Banos Police 04/30/02 Activities League Bylaws.

* 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.