AUG - 6 2008 Superior Court of California County of Trinity By: Donna Hanover, iJiPUTY Clerk Trinity County Grand Jury*

Conclusions 6

• CL1
  WOOLSEY, VIVIAN J SW Equip Operator Driver II POTTS, MARK K SW Equip Operator Driver HI MORGAN **, WILLIAM A Gate Attendant RUN DATE: 03-30-06 WOOLSEY, VIVIAN J SW Equip Operator Driver II SALVA JR., JERO C Project Specialist III KIDDER **, PHILIP A Gate Attendant I CARRERA, DAVID S Weighmaster POTTS, MARK K SW Equip-Operator Driver III DEAL, MICHAEL T SW Equip Operator Driver II BEYE, MARTIN E Gate Attendant I SITEK SR, THOMAS C SW Equip Operator Driver III GLENN, SHIRLEY L Gate Attendant II RAPINAC, BARBARA I Solid Waste Technician MURPHY, KEVIN Solid Waste'Supervisor ALLEN **, FRANK B Gate Attendant H ENNIS, JEROD 0 SW Equip Operator Driver I RAPINAC SR, ROBERT M SW Equip Operator Driver III FOOTE, LOLA I Weighmaster RAPINAC JR, ROBERT M SW EquipOperator Driver III LENOX **, WILLIAM Gate Attendant II LEYH, BARBARA A Gate Attendant II STODDARD, ALFRED L Gate Attendant II KRUG, BARBARA J Accounting Technician I FARRAR **, SAM L Gate Attendant I MURPHY, KEVIN SW Equip. Operator Driver II RASH, CATHLEEN J SW Equip Operator Driver II MCCUMBER, GEORGE P Gate Attendant H LOU, TROY J SW Equip. Operator Driver II RADER, DIANE M Senior Accounting Technician CARPENTER, THOMAS A Gate Attendant I RUN DATE: 03-31-05 c3D LOTT, TROY J SW Equip Operator Driver H CARRERA, DAVID S Weighmaster RAPINAC JR, ROBERT M SW Equip Operator Driver III RASH, CATHLEEN I SW Equip Operator Driver II LEYH, BARBARA A Gate Attendant II SCOTT, SHARON I Administrative Svs Officer GLENN, SHIRLEY L Gate Attendant II FOOTE, LOLA Weighmaster SITEK SR., THOMAS C SW Equip Operator Driver M ENNIS, JEROD 0 SW Equip Operator Driver I MURPHY, KEVIN Solid Waste Supervisor RAPINAC, BARBARA J Solid Waste Technician BEYE, MARTIN E Gate Attendant I POTTS, MARK K SW Equip Operator Driver III LENOX **, WILLIAM Gate Attendant II WOOLSEY, VIVIAN SW Equip Operator Driver II RADER, DIANE M Senior Accounting Technician KRUG,BARBARA3 Account Clerk II MURPHY, KEVIN SW Equip Operator Driver H DEAL, MICHAEL T SW Equip Operator Driver II STODDARD, ALFRED L Gate Attendant II RAPINAC SR., ROBERT M SW Equip Operator Driver III FARRAR **, SAM L Gate Attendant I MCCUMBER, GEORGE P Gate Attendant II CARPENTER, THOMAS A Gate Attendant I ALLEN **, FRANK B Gate Attendant II RUN DATE: 04-29-04 STODDARD, ALFRED L Gate Attendant II CARPENTER, THOMAS A Gate Attendant I SITEK SR, THOMAS C SW Equip Operator Driver III FOOTE, LOLA J Weighmaster SCOTT, SHARON I Administrative Clerk II RAPINAC, SR., ROBERT M SW Equip Operator Driver III WHITNEY, MARK D SW Equip Operator Driver I FARRAR **, SAM L Gate Attendant I MCCUMBER, GEORGE P Gate Attendant II MURPHY, KEVIN Solid Waste Supervisor ALLEN **, FRANK B Gate Attendant II THORKELSON, DENNIS M SW Equip Operator Driver II GUNNERSON **, ALICIA ANN Gate Attendant 1 RAPINAC, BARBARA J Solid Waste Technician LEE, JIM DAVID SW Equip Operator Driver III LEYH, BARBARA A Gate Attendant II GLENN, SHIRLEY L Account Clerk II POTTS, MARK K SW Equip Operator Driver III RASH, CATHLEEN .1 SW Equip Operator Driver I MYERS **, EDWARD M Gate Attendant I LENOX **, WILLIAM Gate Attendant U RADER, DIANE M Senior Accounting Technician ENNIS, JEROD 0 SW Equip Operator Driver I WOOLSEY, VIVIAN J SW Equip Operator Driver II CARRERA, DAVID S Weighmaster PIERINI **, PATRICIA J Gate Attendant II DEAL, MICHAEL T SW Equip Operator Driver II Trinity County Date Last Revised: 10105 FLSA: Exempt EEO: 1 DIRECTOR OF SOLID WASTE 33 P* i k k DEFINITION Under general direction, to plan, organize, direct, and manage the Trinity County Solid Waste Department; including commercial and residential collection and disposition; recycling functions and maintenance activities at County Solid Waste facilities; and to do related work as required. DISTINGUISHING CHARACTERISTICS This is a top-level management classification for the position, which has responsibility for managing and supervising the functions of the County Solid Waste Department. REPORTS TO Board of Supervisors through the County Administrative Officer CLASSIFICATIONS SUPERVISED Solid Waste Supervisor, Solid Waste Technician, Solid Waste Equipment Operator/Drivers, and other administrative support. EXAMPLES OF IMPORTANT AND ESSENTIAL DUTIES (The following is used as a partial description and is not restrictive as to duties required.) Plans, organizes, directs, and manages the functions and activities of the Solid Waste Department; develops and implements short and long term Department goals, objectives, and priorities; provides supervision, training, and work coordination for staff, through subordinate supervisors, responds to complaints from the public; develops and implements solutions to complex and sensitive situations impacting the public and County services; deals with customer complaints; develops and administers landfill and transfer station contracts; maintains current awareness legislation and issues which effectthe functions and responsibilities of.the Solid Waste Program, including hazardous materials and hazardous waste disposal; inspects and ensures the safety and quality of work; meets with other County officials as required; ensures that safety standards are observed; develops budget; maintains fiscal controls and oversees Department fiscal reports; interprets policies and regulations for the public; represents the Solid Waste Department with local boards, commissions, and other government agencies. -19- California Department of Food anti Agriculture .D.ivision of Measarement Standards 8500 rruitridgo Rood Sacramento, GA 95825 www a. cagovidins/ RMATICN GUIDE -20- Site Attendant Guidelines 9 11- I 4 Hours of Ooeration Weaverville Transfer Station Sunday, Monday. Tuesday, Friday & Saturday 7:30 am - 4:00 pm Hayfork Transfer Station Sunday, Monday, Tuesday, Friday & Saturday 8:00 am - 4:00 pm Trinity Center Transfer Station Monday, Tuesday, Friday & Saturday 8:00 am - 4:00 pm Burnt Ranch Transfer Station Monday, Tuesday, Friday & Saturday 8:00 am - 4:00 pm function City Transfer Station Monday, Tuesday, Friday & Saturday 8:00 am - 4:00 pm Van Omen Transfer Station Monday, Tuesday, Friday & Saturday 8:00 am - 4:00 pm )39 Bar & Warm:ions Summer Hours Tuesday & Saturday 8:00 am - 2:00 pm Winter Hours Saturday Only 8:00 am- 2:00 pm *Hours Change at Daylight Savings Time Ruth Transfer Station Summer Hours Sunday. Monday, Thursday & Friday 8:00 am - 4:00 pm Winter Hours Sunday & Tuesday 8:00 am -4:00pm *Hours Change at Daylight Savings Time **If a holiday falls on a Monday, the site will be open on Tuesday** Temporary until board approval As Transfer Site Attendants you are responsible for being on site during these hours. Before and after these hours, the site entrance must be closed and locked, period. There is no exception to this rule unless directed by the Trinity County Solid Waste Department. Holidays Trinity County Solid Waste recognizes the following holidays: New Year's Day Martin Luther King, Jr. Lincoln's Birthday President's Day Memorial Day Independence. Day Labor Day Columbus Day Veteran's Day Thanksgiving Day Day after Thanksgiving Day Christmas Day DEPUTY WEIGHMASTER SELF HELP EXAM t cet A statewide random survey to determine the baseline compliance levels for weighmaster's providing a public weighing service was conducted within California from December 2000 through February 2001. Weighmaster certificates were purchased undercover throughout the state at randomly selected locations that weigh the public for hire. The results of the survey indicate that many deputy weighmasters at these scales committed violations in the following areas: • Weighing the vehicle with a person remaining in the vehicle. • Inserting a tare weight of the vehicle without actually weighing the vehicle. • Failing to eliminate unused weight spaces with "Gross Only", "Tare Only, or "Net Only". • Using initials or an incomplete signature when signing the certificate. • Failing to sufficiently identify the commodity. • Failing to identify the owner or agent and consignee — the buyer and seller. • Failing to identify the vehicle(s) by license number(s). • Weighing without being licensed as a deputy weighmaster. Each of these violations is a misdemeanor punishable by a fine of up to $1,000, plus penalty assessments, and/or six months in jail. The California Business and Professions Code, Division 5, Chapter 7, Section 12710 states the following: "A weighmaster may employ or designate any person to act for the weighmaster as a deputy weighmaster and shall be responsible for all acts performed by that person." (Bold added for emphasis) The Division of Measurement Standards, Weighmaster Enforcement/Petroleum Products Branch, Special Investigations Unit will continue to purchase undercover weighmaster certificates at scales that weigh the public for hire. Violations found may result in enforcement action being taken against both the principal weighmaster and the deputy who committed the violation. In an effort to help principal:w eighmasters with their responsibility to train their deputies, the Division of Measurement Standards has created a self- administered fifteen question examination. The examination is on this web site and covers the important responsibilities of deputies regarding the completion of weighmaster certificates. -22- elcRfl- r E/At,040,1 s terie: c--01° CALAAL,-‘:47 Employee Date of Hire Position hired in Current Position Troy Lott 12129/2004 Solid Waste Equip Oper Driver II Sw Equipment Operator Driver II William Lenox 02/24/97 Gate Attendant I Gate Attendant II Barbara Rapinac 10/01/92 Gale Attendant Solid Waste Technician Jerod Ennis 01/02/01 Solid Waste Woker I Sw Equipment Operator Driver I Cathleen Rash 04129/02 :Gate Attendant ‘Sw Equipment Operator Driver II Jero Salve** 06/11/76:Maintenance Supervisor :Project Specialist Ill Wiilliam Morgan" 01/30/07 Gale Attendant I :Gate Attendant I Christine Wade* 11/12i06;date Attendant I Gate Attendant I Thomas Sitek 06/01/01:Enivormental Services Worker Sw Equipment Operator Driver III Shirley Glenn 01/14/99 Gate Attendant Gate Attendant II David Carrera 09/06/02 Gate Attendant Weighmaster Frank Allen 07/01/98:Gate Attendant Gate Attendant II Lola Foote. 09/30/02:Gate Attendant Weighmaster George McCumber" 12/14/99 Gale Attendant Gate Attendant II Michael Deal 06/19/01 Solid Waste Worker II SW Equipment Operator Driver II Thomas Carpenter" 09/25/03 Gate Attendant Gate Attendant I Barbara Krug 09/01/87;Administrative Clerk I Accoutnin9 Technician I Philip Kidder" 11/12/05 Gate Attendant I Gate Attendant I Sandra Rechel" 10/02/00 Administrative Secretary Administrative Clerk I Richard Starr 07/25/06 Gate Attendant Gate Attendant I Robert Rapinac Sr. 10/14/99Solid Waste Worker III SW Equipment Operator Driver III Martin Beye 10/29/04 Gate Attendant Gate Attendant Hazel Fry 05/21/07 .Gate Attendant I Gate Attendatil Mark Potts 10/24/99 Solid Waste Worker II SW Equipment Operator Driver III Robert Rapinac Jr. 06/14/04 Solid Waste Equip Oper Driver II 'SW Equipment Operator Driver III Lance Clifton 05/01/07 Solid Waste Equip Oper Driver II -SW Equipment Operator Driver II Diane Rader 09/14/98!Account.Clerk II Senior Accounting Technician Vivian Woolsey 12/14/99 ;Gate Attendant SW Equipment Operator Driver II " Extra Help Employee 47-o 5- Fx Director of Solid Waste Mark Lockhart Solid Waste Consultant (extra help Solid Waste Technician Accounting Tech, Senior Barbara Rapinac Diane Rader Thick Dispatch & Schedul- Pal Driver & Site Transfer Sites Account Tech I Maintenance mi Maintenance Cathie Rash, Barbara Krug Mark Potts, Vivian Woolsey, Mike Deal, ED II E0 II E0 111 E0 II Schedules help Schedules help & Bob Rapinac, Jr through through EO Ill Dispatch Dispatch Gate Attendants All Frank Allen, GA II All SW Shirley Glenn, GA II Equipment Operators William Lennox, GA lI Robert Rapinac, Sr, EC) III Barbara Leyh, GA II Robert Rapinac, Jr, BO III George McCumber, -GA II Thom Sitek, EO III Gwen McCumber, GA II Troy Lott, EO Alfred Stoddard, GA II Kevin Murphy, EO II Marlin Beye, GA 1 Jerrod Ennis, SW Worker I Thomas Carpenter, GA I Sam Farrar, GA I Weiahmasters David Carrera Lola Foote —24—
• CL2
  Chief building inspector, counseling center di- rector, county administrative officer, director of emergen- cy services, director of transportation, general services director, health officer, librarian, and planning director serve at the pleasure of the board of supervisors, with thirty days written notice of termination.
• CL3
  County counsel and sealer of weights and mea- sures shall be appointed by the board of supervisors. A. Director of health and human services/public c-,ardian is appointed by the county administrative officer with approval by the board of supervisors and serves at the pleasure of the county administrative officer with thirty days written notice of termination_
• CL4
  D Revised: 9/99 I ,..4) 2. 0 WEIGHMASTER REGULATIONS TITLE 4, DIVISION 9, CHAPTER 9 Section Content ARTICLE 1. GENERAL PROVISIONS 4400 Repealed (4-86) 4401 License Availability ARTICLE 2. WEIGHMASTER CERTIFICATES 4410 Recording Gross Only, Tare Only, Net Only 4411 Repealed (4-86) 4412 Repealed (4-86) 4413 Repealed (4-86) 4414 Repealed (4-86) 4415 Repealed (4-86) ARTICLE 3. PREDETERMINED INDIVIDUAL TARE WEIGHTS 4420 Defined 4421 Establishment Procedure 4422 Recording Procedure 4423 Condition of Use ARTICLE 4. SEASONAL TARE WEIGHTS 4430 Defined 4431 Establishment Procedure 4432 Recording Procedure 4433 Conditions of Use ARTICLE 5. COMMON TARE WEIGHTS 4440 Defined 4441 Establishment Procedure 4442 Sampling Procedure 4443 Rounding Procedure 4444 Recording Procedure 4445 Conditions of Use 4446 Verification and Enforcement -25- 2.60.270 Underfilling. atmointment of department heads and emergency appointments. A. The board of super- visors, in coordination with the personnel officer, shall establish the procedures for the appointment of department heads and county officials where appropriate under law. B. The board of supervisors, in coordination with the personnel officer, shall establish the procedures for the appointment of department heads where appropriate under law. The following department heads shall be appointed according to the listed terms and conditions:
• CL5
  The hospital administrator shall be appointed' by, and serve at the pleasure of, the hospital board of directors as defined in the California CodeofIte0iiIations, Title XXII, Article 7, Section 70701(2). (Ord. 1226 §1, 1999; Ord. 1183 §4(part), 1993: Ord. 1152, 1991; Ord. 1143 U.(pa,-17.), 1990; Ord. 1087 §1 (part), 1986) 2.50.280 Personnel and payroll notification. A. Upon an offer and acceptance of employment, the appointing authority shall forward a payroll personnel form for the successful candidate to the personnel officer at least three working days prior to the employee's first day of work, or no later than one working day following the accep- tance of employment when the first date of employment is less than three working days prior to the date of accep- tance. (Ord. 1087 §1(part), 1986) 2.60.290 Nepotism. A. Appointing authorities, de- partment heads, or any person having influence over the appointment, dismissal or promotion of persons on behalf of the county, within their department, shall not appoint or p,--omote any person who is related to them whether by blood or marriage. (Trinity County 10/99) 86 -26- April 2007 CERTIFIED DEPUTY WEIGHMASTERS RASH GLENN WOOLSEY POTTS STARR FOOTE RAPINAC, B TRINITY COUNTY DEPARTMENT OF AGRICULTURE Mark T. Lockhart, Agricultural Commissioner Sealer of Weights and Measures Director -Solid Waste & Facilities Maintenance P.O. Box 2700, Weaverville, California 96093 Phone (530) 623-1356 Fax (530) 623-1391 e-mail: mlockhart@trinitycounty.org Memo To: James P. Woodward, Presiding Judge, Trinity County Superior Court From: Mark T. Lockhart, Ag Commissioner, Director of Solid Waste & Facilities Subject: 2007-08 Grand Jury Report Response Date: August 15, 2008 Finding # 1 — Nepotism: The 2007 flow chart shows efforts to diminish the perception of nepotism and an effort to adjust the chain of command to be in compliance. When I assumed the Solid Waste directorship in June 2005 there were employees of the same family working in the division, one of whom was supervising another. I made reassignments as soon as practicable and have adhered to the county nepotism policy in hiring and promotions since. My understanding is that the previous director petitioned the Board of Supervisors to waive the policy to allow the hiring of another family member in this case. The petition was granted per the provisions of the policy. I am unaware of other concerns in regard to the nepotism policy. Finding # 2 — Mismanagement: Management needs to refocus...There are concerns in the way promotions are made without consideration given to seniority, experience, or merit. When I assumed the Solid Waste directorship there were no management employees in the division. The previous director and assistant director had retired and there was a vacancy in the division's superintendent position. As a part of the reassignments noted above, I put two employees, working out of class, in charge of the operations and transfer site branches of the division. I recommended to the Board of Supervisors that we establish mid-level management positions in the various branches of the division. I also hired the former assistant director as a part time annuitant to provide direction when my other duties prevented my presence on site. The Board wanted to review the solid waste program before making any structural changes. The establishment of these mid-level positions was not accomplished until April 2008 and made retroactive to July 1, 2007. While these interim management individuals were diligent in their duties, there was confusion in the chain of command and misunderstanding by other employees of the short and long term goals of the reorganization. Regarding money handling, this has been one of my main focuses, having —28— Page 2 issued a memorandum on the subject in August 2005 and specifically disciplined several employees for violations of the county's and department's policies. Clearly, an operation as varied and spread out as solid waste cannot be consistent in lunch breaks or scheduling. We have nine widely separated transfer sites which are not open on the same days and vary seasonally in their operations. Without specifics I cannot address the Jury's concerns about hiring and promotion other than to say that I follow county hiring and promotion policies and consult with the personnel analyst regularly on these issues.
• CL6
  I agree that direction of the solid waste division should be under a single director. The long term goal is to do so when resources become available. Changes in the mid-level management have been made and training and consistency are addressed continuously. Special privileges are not accorded to certain employees. Money handling policies are provided to employees in writing; procedures are uniform and enforced. Appropriate collective training is provided on a regular basis and individual training when needed. Rates are posted at the various kiosks and the solid waste office. The fees resolution is adopted by the Board of Supervisors at a public hearing annually and published in a newspaper of general circulation. TRINITY COUNTY Office of the County Administrator DERO B. FORSLUND County Administrative Officer P.O. BOX 1613, WEAVERVILLE, CALIFORNIA 96093-1613 PHONE (530) 623-1382 FAX (530) 623-8365 RECEIVED OCT 1 0 2008 TRINITY COUNTY SUPERIOR COURT Date: October 3, 2008 To: Anthony Edwards Presiding Judge of the Trinity County Superior Court From Dero Forslund Trinity County Administrative Offi er Re: Response Trinity County Grand Jury, Development and Environmental Committee Final Report Trinity County Solid Waste Finding #1: Nepotism Response: The County's nepotism policy has been waived in several instances in the Solid Waste Department. It is the policy of the County and the current Department Head to are discontinue the request waivers and to eliminate instances of nepotism within the restrictions of the labor MOU and State statutes. Finding #2: Mismanagement Response: Elements of cash handling, promotions and other employee duties have been the subject of many adjustments to the operations of the Solid Waste Department over the last year. Many of these issues have been review by the Personnel Department and County Administration. An example is the recent changes in operating hours to accommodate employee lunch breaks. We expect the dedication of the Department Head to resolve the issues identified by the Grand Jury. Finding #3: Employees working in jobs without qualification and ability to perform duties. Response: No response Finding #4: Special Privileges Response: The only restrictions regarding parking at County facilities are in the County Code. Any other procedures should be codified or approved by the Board. Any policy that allows an employee to work in lieu of paying dump fees would be a violation of County Code and will not be permitted. Training requested by the department is generally approved by -31- Administration when requested as long as adequate information is provided identifying the need. Conclusion: The director of Solid Waste does not have adequate time to devote to the management... Response: Current budgetary requirements do not allow for a dedicated Director of Solid Waste. Additional training of mid level management personnel should help resolve most of the issues observed by the Grand Jury. The Department Head and County Administration have been meeting frequently to help resolve the identified concerns. RECRfafFIL9 r; °"1szv,-1) Le.* TRIN/TV SUPERICHi COURT TRINITY count \C? Board of Supervisors P.O. BOX 1613, WEAVERVILLE, CALIFORNIA 96093 PHONE (530) 623-1217 FAX (530) 623-8365 TO: The Honorable James P. Woodward, Presiding Judge of the Superior Court FROM: Trinity County Board of Supervisors SUBJECT: Response to Recommendations of 2007-08 Grand Jury Development and Environmental Committee Trinity County Solid Waste Department Final Report DATE: November 18, 2008 The Grand Jury Development and Environmental Committee has requested a written response to their final report on the Trinity County Solid Waste Department. The response of the Board is as follows: Finding #1: Nepotism. The Board of Supervisors agrees with finding of the Grand Jury. Recommendation #1: The Board agrees with the recommendation of the Grand Jury and the response of the Chief Administrators Officer. Nepotism rules are set by the county code and county policy. Department Heads and other supervisory employees will be in compliance. Finding #2: — Mismanagement. The finding of mismanagement is currently under review through follow up of the previous program review of the solid waste division. The Board, CAO, and Auditor performed a program review of Solid waste in 2005 and corrections are continuing. This review is ongoing and will be periodically reviewed and accomplishment s or lack thereof documented. Cash handling procedures should be reviewed and controls modified to assure compliance. Finding and recommendation # 3- No response needed. Finding and recommendation # 4. Parking regulations are defined in the County Code and are available to all employees. Were no regulations exist it is the responsibility of the Department Head to develop rules and manage the parking in their areas. Special privileges in exchange for fees will not be permitted. Finding and recommendation # 5. No response required. ANION R. JAEGEL, C airman —33— JUDY PFLUEGER JEFF MORRIS ROGER JAEGEL HOWARD FREEMAN WENDY REISS DISTRICT I DISTRICT 2 DISTRICT 3 DISTRICT 4 DISTRICT 5

No Responses Found 2

Government entities assigned to respond to this report. No response documents have been linked in our database.