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Extracted from Consolidated Report

This investigation was originally published as part of a larger consolidated report containing multiple investigations. View the consolidated PDF for the complete document.

Merced County Grand Jury • 2004-2005

Merced Police Department Internal Affairs Practice

Published: June 27, 2005 25 pages

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⚠️ Translation Notice: This content has been automatically translated. The original English text is the official version. Translation may contain errors.

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

Findings 11 findings

F1 Page 62

Merced College Police Department collected money for fingerprinting. There was no proper documentation regarding receipts of money, which led to an unclear audit trail. There was no consistent use of the receipt books. In 2000, the police department used three-part receipts with six digit sequential numbers. The receipts contained the customer’s name and address. The badge number or employee number of the officer was indicated. The receipts were dated with quantity and total charges. During 2001 and 2002, the receipt books changed. There was no sequential number on the receipts. The demographics were vague. In 2003, the majority of the receipts 62 viewed did not have a customer name, address, or signature of receiving officer. An un-cashed check dated from a previous year was found in the box of the receipt books. Respondent agrees with the finding. •

F2 Page 63

Currently, there is no accounting policy at Merced College. Respondent agrees with the finding with respect to the police and security department. •

F3 Page 63

Inappropriate corrections were made on police employee’s time cards. Employees were instructed to use compensatory time during the week following that in which it was earned. The respondent disagrees with the finding on the basis of lack of information. • Nonetheless, all MC Police Department employees will be instructed as to proper • procedure for completion and changes on employee time cards. Employees will indicate prior to accruing overtime if that time will be taken as compensatory time.

F4 Page 63

The police department had access to Defense Reutilization and Marketing Service (DRMS). This service offers military excess equipment at no cost. This equipment includes various items such as riot gear, all weather clothing, gas masks, and body armor. There is no policy regarding this equipment nor who has access to it. Many items were assigned to employees. There is no tracking system in place for retrieving equipment once an employee has left the department. Respondent agrees with the finding. •

F5 Page 63

Employees were removing DRMS equipment from the college premises with and without permission. The respondent disagrees with the finding on the basis of lack of information. • However, proper procedure for removing equipment from college premises will be • reviewed with all department employees.

F6 Page 63

DRMS equipment is stored in an old trailer that is rusted, packed beyond capacity, and unprotected from the elements. The current storage situation is unsafe for employees to access equipment. There are tents that are being stored outside completely exposed. Lack of use and maintenance is causing the equipment to deteriorate. Respondent agrees with the finding. •

F7 Page 63

Merced College police are not authorized to issue moving violations at this time. They continue to issue parking citations. Respondent agrees with the finding. •

F8 Page 63

There has been inadequate supervision and support for the employees of the Merced College Police Department for a variety of reasons. In the past, the MC Police Department staff did not believe they had effective communication with supervisors, management and administration. Respondent agrees with the finding. •

F9 Page 63

Extra help employees are not issued parking permits. They must pay the $1 daily fee or the $20 semester fee to park their automobiles. Respondent agrees with the finding.

F10 Page 65

Recommendation: Dr. Johnson should report verbally and in writing to the Board of Trustees monthly regarding the progress at the MC Police Department. The recommendation requires further analysis. • The Board will determine who is responsible for progress reports as appropriate within • six months.

F11 Page 65

Recommendation: Extra help employees should be issued parking permits on a semester basis. This alleviates the need for them to pay the daily or semester parking fee. The recommendation requires further analysis. • The district will review this issue and take appropriate action within six months. • Grand Jury Follow-up: There was little information given as to the type of analysis needed in order to implement the

Recommendations 12

R1
Page 45

Complaint form 19 should be made available in additional languages to reflect the diversity of the community.
R2
Page 45

Citizens complaint procedure handout should be changed to clearly define the process. DISPOSITION OF OTHER COMPLAINTS COMPLAINTS DISPOSITIONS #04-05-04 Complaint was withdrawn by complainant. #04-05-05 The Grand Jury determined that there was insufficient information to complete an investigation. #04-05-07 The Grand Jury determined that the information provided was too outdated to complete an investigation. #04-05-10 The Grand Jury determined that an investigation was not warranted at this time. A letter was sent to the complainant referring to another agency to file a complaint. #04-05-11 The Grand Jury determined that an investigation should not be conducted at this time because the inordinate amount of publicity on the case could compromise the investigation, and the content of the complaint was in litigation. #04-05-13 The Grand Jury determined that this complaint was not within the jurisdiction of the Grand Jury. #04-05-14 The Grand Jury determined that since this case anonymous and additional information was necessary, this complaint could not be investigated. #04-05-16 The Grand Jury determined that there was insufficient time to complete an investigation before the end of the term. Therefore, this complaint will be forwarded to next years Grand Jury for consideration. #04-05-18 The Grand Jury elected not to investigate this complaint. #04-05-19 The Grand Jury determined that the information provided was too outdated to investigate complaint. #04-05-20 The Grand Jury determined that there was insufficient time to complete an investigation before the end of the term. Therefore, this complaint will be forwarded to next years Grand Jury for consideration. #04-05-21 The Grand Jury determined that the content of this complaint was addressed in another complaint of similar nature. #04-05-22 The Grand Jury determined that there was insufficient time to conduct an investigation before the end of the term. Therefore, this complaint will be forwarded to next years Grand Jury for consideration. #04-05-23 The Grand Jury determined that there was insufficient time to conduct an investigation before the end of the term. Therefore, this complaint will be forwarded to next years Grand Jury for consideration. 47 #04-05-24 The Grand Jury determined that there was insufficient time to conduct an investigation before the end of the term. Therefore, this complaint will be forwarded to next years Grand Jury for consideration. RESPONSES TO THE 2003-2004 GRAND JURY REPORT MERCED COUNTY SHERIFF’S DEPARTMENT MAIN JAIL MANDATED INSPECTION Grand Jury recommendation: In addition to the annual budget requests to the Board of Supervisors, Sheriff Pazin should continue to seek outside funding sources, i.e. grants, to augment the annual budget shortfall, including exploration of the possibility of getting Federal and/or State funds for criminal justice system improvement. In the future, in anticipation of population growth as a result of the impending opening of the University of California and normal area development, the Sheriff's Department should actively pursue the approval for construction of a new jail facility. A non-linear design would require fewer personnel than the current design model and should be considered in future deliberations regarding construction. Human resource allocations as recommended by the California Board of Corrections Staffing Analysis should be addressed. Use of overtime for correctional officers should be drastically reduced and the funds saved could be used to hire additional officers. Areas with chipping paint should be tested to ensure that lead-based paint is not present and repainted. Broken glass on cell doors should be replaced immediately. The Sheriff's Department should work in conjunction with the court administration to ensure that the new court facility has an adequate holding area for inmates awaiting court proceedings. With appropriate staffing during visitation, the issues involving reduced security due to the necessity of the visitors passing through secure areas would be resolved. Commendations: Sheriff Pazin stated that the issue of safely transporting inmates from the jail to the courtroom is being addressed by altering the route to an existing hallway through a more secure area. The Sheriff's Department is commended for utilizing trustees to assist with laundry and other tasks that might otherwise require additional paid staff. The Sheriff's Department is commended for recognizing the dangers posed by placing rival gang members in close proximity. Utilizing a color coding system for the uniforms increases the safety and security of all inmates and staff. Response: I appreciate and thank the Merced county Grand Jury for their annual mandated inspection of the Merced County Main Jail and the Merced County Adult Correctional Facility. In accordance with Section 933 of the California Penal Code and in response to those recommendations for the Merced County Main Jail and the Merced County Adult Correctional Facility, attempts will be made throughout the ensuing year to fulfill those approbations as suggested by the Merced County Grand Jury. Sincerely, Mark N. Pazin Sheriff-Coroner The Board of Supervisors has reviewed the findings and recommendations of the 2003/2004 Grand Jury Report. Responses from elected and appointed officials have been received and were forwarded in accordance with the provisions of Penal Section 933. The following acknowledgments and information are presented on those issues of significance pertaining to matters under the control of the Board of Supervisors. SHERIFF The Grand Jury made a number of recommendations regarding the Main Jail and Correctional Facility. The recommendations included the Sheriff continuing to seek outside funding sources to augment the budget shortfall, exploration of funds for criminal justice system improvements, actively pursuing the approval for construction of a new jail facility, addressing human resource allocations as recommended by the California Board of Corrections Staffing Analysis, making necessary minor repairs to facilities, ensuring appropriate staffing during visitation, working with the Board of Supervisors for additional operating expense funds, forming a committee to develop a plan to build onto the existing correctional facility and to finance the project, ensuring adequate staff is hired and maintained, assigning another officer to the work furlough program, developing a more secure prisoner visitation area, conducting random searches of cells, installing a camera and bullet-proof glass for additional security, considering a law library, working with Court administration to ensure that the new court facility has adequate inmate holding areas, conducting monthly staff meetings with correctional officers and having the board of Supervisors visit the Sandy Mush Correctional facility on an annual basis. The Sheriff responded to the recommendations. The Board has established public safety as a priority as evidenced in a $17.2 million overmatch of the Proposition 172 Maintenance of Effort requirement. The Board supports and encourages the Sheriff to review and identify alternative funding resources towards facility staffing and operations. In addition, the Board of Supervisors will continue to work within fiscal constraints to assist the Sheriff regarding the various other recommendations listed. The Board appreciates the Grand Jury’s commendation to the Sheriff and staff for addressing the various issues regarding security, safety and operations. PROBATION The Grand Jury made two recommendations under the mandated inspections section of their report. The report included recommendations to incorporate vocation training into the curriculum and to demolish the older juvenile facility. The Chief Probation Officer responded to the recommendations. The Board is looking forward to full implementation of programs at the new Juvenile Justice Correctional Complex and appropriately disposing of the older facility that was vacated. The Probation Department is 50 currently working with the Merced County Office of Education in developing a vocational education program to be implemented during the next calendar year. The Board appreciates the Grand Jury’s commendation regarding the priority the Board has placed on completing the new facility and for ensuring appropriate credentials for the Chief Probation Officer and Division Manager positions. The Board also appreciates the Grand Jury’s commendation to the Chief Probation Officer and staff for ensuring that the department functions well even at minimal staffing levels. HUMAN RESOURCES – COMPLAINT 03-04-14 The Grand Jury made two recommendations for Human Resources. The Acting Human Resources Director responded to the recommendations that included a need to inform applicants that all interview questions will be rated equally and revising Resolution #91-32. The Board of Supervisors support a fair employee selection process that identifies the most capable individuals for each job opening. The County Human Resourced Department’s current interview process supports a practice that attempts to identify the most qualified persons through a series of questions presented to all applicants. Questions may vary in weight and importance depending on the significance that answers may have on required qualities and the merit of focus for questions. The same questions, with consistent weighing, are presented to all interviewees. During the interview process, applicants will continue to be advised of the importance of responding to all questions and to provide information about themselves and their qualifications. In addition, plans are already in process for revising Resolution #91-32 by the end of the 2005 Fiscal Year. The Board appreciates the Grand Jury’s commendation to the Acting Human Resources Director and staff for their assistance and cooperation during this investigation and to the Auditor-Controller for supplying requested documents in a timely manner. COUNTY EXECUTIVE OFFICE AND BOARD OF SUPERVISORS – COMPLAINTS 03- 04-03 & 03-04-02 The Grand Jury made recommendations for the County Executive Officer to avoid excess waste and for the Board of Supervisors to ensure their travel is necessary and justifiable and to keep in mind that they are elected officials whose job is to serve the people of Merced County. The County Executive Officer responded to the Grand Jury recommendations. The Board of Supervisors remains committed to preserving the County’s stability by ensuring that all spending is appropriate and that unnecessary waste is avoided. Board members will continue to be fiscally responsible by evaluating the necessity of all travel and always keep in mind their role in serving their constituents when discussing and making decisions that affect the County. In addition, The Grand Jury also investigated the closing of the Central Duplicating department and their findings reported that there was justification in closing the department. The Board concurs with the findings of the Grand Jury that the closing of the department was necessary. The Board appreciates the Grand Jury’s commendation to County employees for their efforts to ensure appropriate expenditures within their departments. HUMAN SERVICES AGENCY – COMPLAINTS 03-04-09 & 02-03-08 51 The Grand Jury made recommendations that Child Welfare Services comply with the mandated rates for foster families, that proper monitoring is provided to ensure the appropriate use of funds, that more people be employed to improve response times, that a training be hosted to include various mandated reporters, that communication be facilitated between their agency and mandated reporters, and that school districts are provided assistance in scheduling and providing training to mandated reporters on a yearly basis. The Human Services Agency has responded to the recommendations. Child welfare and safety is a priority of the Board. The Board supports the agency’s efforts in advocating for a different state rate payment schedule. Agency staff training will include guidelines for various checks to ensure physical and material needs are met. In addition, on June 11, 2004, the Board approved the addition of nine employees to the Child Welfare division to provide better response to the community. A number of other measures are being taken by the Human Services Agency which includes taking the lead role in facilitating and sponsoring a children’s summit, publishing and distributing a booklet on sexual abuse, developing a program to improve communication and education regarding the issue of sexual abuse, working with Mental Health to develop a therapeutic foster parent program, working with the Foster Parent Association to improve relations and boost recruitment efforts, meeting with law enforcement officials for cross training of staff, and meeting with the educational community to improve collaborative efforts. Due to laws governing confidentially of some child welfare information, all information cannot be communicated and thus staff may sometimes appear unresponsive. Although many responses have been via telephone, staff now responds in writing in order that proper documentation is available. Although the employer of record is the entity responsible for training their own mandated reporters, the Board encourages Human Services Agency to assist school, where feasible, with appropriate training and assessments for mandated reporters. The Board appreciates the Grand Jury’s commendation to the Child Welfare Services for developing a Human Services Agency Profile 2003/2004, for providing training to teachers at the school sites and for sponsoring and participating in the Merced County Children’s Summit. OTHER ISSUES Under the section relating to various other concerns of the Grand Jury, several recommendations were put forth that would save time, money, and better assist the Grand Jury in their duties. The recommendations included modifying the Merced County Grand Jury website to present important information to potential Grand Jury applicants, advertising in local newspapers to increase public awareness and to provide an avenue for prospective Grand Jurors to apply, to obtain a dedicated space to create and house essential handbooks, training manuals, policies and procedures of various county departments, past Grand Jury reports, and other resources, to facilitate a dedicated phone line and email address to improve the public’s communications with the Grand Jury, to update all the forms used by the Grand Jury and provide the forms on the Merced County Grand Jury website for download, and to increase the budget allocation for printing and distributing the final report. The Board of Supervisors is committed to ensuring that the Grand Jury is provided with the resources necessary to effectively perform their duties. To improve accessibility, the Information Systems Department has created an e-mail address specifically for use by the Grand Jury, has made available various new forms and the 2002/2003 and 2003/2004 Grand Jury Reports on the Merced County website, and has provided the Grand Jury Foreperson with a cellular phone. Grand Jury Follow-up: Grand Jury accepts the response. MERCED COUNTY SHERIFF’S DEPARTMENT SANDY MUSH CORRECTION FACILITY MANDATED INSPECTION Grand Jury recommendation: The Sheriff should work with the Board of Supervisors to have additional funds allocated for operational expenses. The Grand Jury recognizes that there are County-wide budgetary concerns, but the Sheriff and the Board should exercise diligence and creativity in pursuing alternate funding sources, including seeking federal, state, and private grants. Overcrowding has peaked to a crisis level. It is beyond our comprehension that ill inmates are sleeping on the floor while others are sleeping in the shower. A committee should be formed to generate a plan to build on to the existing facility and finance the project. Staffing should be a priority. Many concerns could be resolved if there was sufficient staff. Adequate staff, including female correctional officers, should be hired and maintained to avoid any further staffing crises. A portion of the funds expended to pay overtime could be used to cover the cost of additional employees. Another officer should be assigned to the work furlough program to assist with onsite supervision. The employer should not be solely responsible for the supervision of the furloughed inmates. There should be a more secured area for prisoner visitation. All panels on cell doors in the maximum-security area should be repaired or replaced. Random cell searches should be routinely conducted. A camera should be installed at or near the intercom just outside of the entrance. This will allow the staff inside the facility to view visitors at all times before entry. There is an existing camera monitoring visitors near the entrance. Once they enter the foyer, staff cannot see them. They can only be heard through the intercom. Bulletproof glass should be installed between the reception area and the receiving officer. A law library should be considered, because the new Juvenile Hall facility will be opening soon, where court sessions will be conducted. The Board of Supervisors should make annual visits to the facility. The Sheriff should conduct monthly staff meetings with the correctional officers at the facility. Commendations: Management and staff showed great concern in regards to the existing problems they face on a daily basis. Many employees work countless hours of overtime to meet the demands of staffing levels. The facility maintains a clean environment. Even with staffing issues and overcrowding, the facility works hard at maintaining organization. Response: Grand Jury Follow-up: MERCED COUNTY JUVENILE DETENTION CENTER Mandated Inspection Grand Jury recommendation: Vocational Training needs to be incorporated into the curriculum. Demolish the current facility. It is outdated and would cost a considerable sum to refurbish. Commendations: The Chief Probation Officer and Division Manager have educational credentials appropriate for their positions. The department functions well even at minimal state staffing levels. Several members of the Grand Jury attended the grand opening of the new facility. The department is commended for making the construction of such a wonderful facility a priority and for completing it in a timely manner. Response: Contained within the Grand Jury’s Report is a section on the mandated inspection of the Merced County Juvenile Detention Center, otherwise known as the Juvenile Hall. That report contains eight “Findings”, relative to the current Juvenile Hall, eleven “Findings”, relative to the new Iris Garrett Juvenile Justice Correctional Complex, and two “Recommendations”. Following is this Department’s response to these “Findings” and “Recommendations”, as required pursuant to sections 933 and 933.05 of the California Penal Code. Below, each of the “Findings” relative to the current and new facility will be responded to in the order in which they were presented in the Grand Jury’s Report with comment on the two “Recommendations” made by the Grand Jury. AT the outset of the report it is mentioned that juveniles are under the age of 18 and are classified as “status offenders”. This in part is true in that being under the age of 18 gives them the status of juveniles. However, Probation Departments, when referring to status offenders are usually referring to Welfare and Institutions Code section 601 minors who are described as runaways, out-of-control or truant minors. By virtue of this description there status imparts their crime and if they were adults they could not be in charged with any wrong doing.
R3
Page 54

Finding Three is accurate relative to minors going through the court process. It is also correct that most youngsters serve only one third of any court ordered commitment at the facility, the remaining two thirds of the commitment is served at home on an electronic monitoring program or in an alternative program.
R4
Page 54

This writer concurs with the information in Finding Four.
R5
Page 54

This writer concurs with the information in Finding Five.
R6
Page 54

Finding Six notes that the “west wing was built in 1984 and is the most up to date.” As clarification the most recently built and up to date wing would be south wing II. Relative to the other three wings (south I, east and west) all have up to two rooms with toilets, however the other rooms without toilet or sinks require that minors be taken to a central restroom facility. This will not be the case in the new facility where each room has a toilet, sink and drinking fountain.
R7
Page 54

This writer concurs with the information in Finding Seven.
R8
Page 54

The information contained in Finding Eight is accurate.
R9
Page 55

This writer concurs with the information in Finding Nine.
R10
Page 55

This writer concurs with the information in Finding Ten.
R11
Page 55

This writer is convinced and hopes the information in Finding Eleven will prove to be true. Only operation of the new facility will bear this finding out. Recommendations
R04-03
Page 51

& 03-04-02 The Grand Jury made recommendations for the County Executive Officer to avoid excess waste and for the Board of Supervisors to ensure their travel is necessary and justifiable and to keep in mind that they are elected officials whose job is to serve the people of Merced County. The County Executive Officer responded to the Grand Jury recommendations. The Board of Supervisors remains committed to preserving the County’s stability by ensuring that all spending is appropriate and that unnecessary waste is avoided. Board members will continue to be fiscally responsible by evaluating the necessity of all travel and always keep in mind their role in serving their constituents when discussing and making decisions that affect the County. In addition, The Grand Jury also investigated the closing of the Central Duplicating department and their findings reported that there was justification in closing the department. The Board concurs with the findings of the Grand Jury that the closing of the department was necessary. The Board appreciates the Grand Jury’s commendation to County employees for their efforts to ensure appropriate expenditures within their departments. HUMAN SERVICES AGENCY – COMPLAINTS 03-04-09 & 02-03-08 51

Commendations 63

CM1 Page 3

Verbal counseling and information kept in complaint file
CM2 Page 3

Finding: DRMS equipment is stored in an old trailer that is rusted, packed beyond capacity, and unprotected from the elements. The current storage situation is unsafe for employees to access equipment. There are tents that are being stored outside completely exposed. Lack of use and maintenance is causing the equipment to deteriorate. Respondent agrees with the finding. •
CM3 Page 4

Finding: Merced College police are not authorized to issue moving violations at this time. They continue to issue parking citations. Respondent agrees with the finding. •
CM4 Page 4

Finding: Extra help employees are not issued parking permits. They must pay the $1 daily fee or the $20 semester fee to park their automobiles. Respondent agrees with the finding. •
CM5 Page 7

Recommendation: Dr. Johnson should report verbally and in writing to the Board of Trustees monthly regarding the progress at the MC Police Department. The recommendation requires further analysis. • The Board will determine who is responsible for progress reports as appropriate within • six months.
CM6 Page 7

Recommendation: Extra help employees should be issued parking permits on a semester basis. This alleviates the need for them to pay the daily or semester parking fee. The recommendation requires further analysis. • The district will review this issue and take appropriate action within six months. • Grand Jury Follow-up: There was little information given as to the type of analysis needed in order to implement the
CM7 Page 10

Due diligence will be exercised in screening potential employees to ensure that they are qualified for the level of employment for which they are being considered. If any compliance issues are discovered, the issues will be addressed expeditiously, and the employee will be placed on administrative leave until the matter is resolved. In addition, the Police Department has developed a written policy regarding Reserve Officers entitled “Reserve Officer Guidelines” approved by the city council on August 3, 2004 and implemented on August 4,
CM8 Page 16

The police report addressing the incident.
CM9 Page 16

The Merced Police Department’s Citizens Complaint Procedure, Section 1020 handout detailing procedures for filing a complaint.
CM10 Page 16

The internal complaint files of the Merced Police Department covering a six month period.
CM11 Page 16

The pertinent parts of the “The Public Safety Bill of Rights” and the department complaint policies. 06/02/05 The committee requested reports on a number of cases that were assigned incident numbers over a specified period of time. 06/03/05 Contacted the complainant to confirm information. DOCUMENTATION:
CM12 Page 16

MPD Form 19: Form the aggrieved community member fills out to initiate an investigation into the conduct or action of an officer.
CM13 Page 16

MPD Form 20: Form stating the Notification of Findings of complaint investigation which is filed upon completion.
CM14 Page 28

The Merced County Human Services Agency operated within legal guidelines.
CM15 Page 28

The policies and procedures manual had not been updated for approximately 10 years.
CM16 Page 34

Several recorded City Council Meetings.
CM17 Page 34

Letters of complaint from numerous city employees.
CM18 Page 36

Pay raises for A-level managers and elected officials, as well as their benefits and other perks.
CM19 Page 36

Public safety – notably jail overcrowding, early release of violent offenders, and the understaffing currently experienced at each facility. METHOD OF INVESTIGATION 4/13/05 The Grand Jury conducted separate interviews of Supervisors Kathryn Crookham, Deidre Kelsey, Mike Nelson, Gerald O’Banion and John Pedrozo.
CM20

Termination 43 • The complainant receives a letter from the chief of police after the investigation is completed. By law, (State Personnel Board Rule 52.3) the officer may request a Skelly Hearing if they disagree with the final result of the investigation or its consequences.
CM21 Page 45

The City of Merced has a population of 73,000. There are 81 sworn and 39 non-sworn officers. MPD offers some bi-lingual services in Hmong and Spanish. There are currently 5 sworn officers positions open.
CM22 Page 45

.Section 1020 relates to the following:
CM23 Page 45

The purpose of the procedure.
CM24 Page 45

The procedures for filing.
CM25 Page 45

The various types of dispositions: sustained, not sustained, unfounded, exonerated.
CM26 Page 45

Documentation of each finding.
CM27 Page 45

Corrective Actions taken and
CM28 Page 45

The Merced City Police department has revised their complaint procedures to allow for an informal resolution prior to filing a formal complaint.
CM29 Page 45

In 2004, there were 17 complaints, seven were generated by the public. This is a reduction from the previous year when 27 formal complaints were filed.
CM30 Page 45

Complaint form 19 is provided in English only.
CM31 Page 45

In order for a full investigation to be conducted, the complainant must submit an official complaint form. 45
CM32 Page 54

Finding One, is accurate with reference to the current facility and it’s condition.
CM33 Page 54

As clarification to Finding Two, it is important to note the rated capacity of 42 for the Juvenile Hall is set by the State board of Corrections. The maximum capacity of 50 was set by this writer in consultation with the Superior Court Judges and takes into account the safety of both 54 the employees who work at the facility, the minors incarcerated therein, and the requirements set forth in the California Administrative Code. The staffing ratios are correct at noted.
CM34 Page 55

Finding Three is accurate relative to minors going through the court process. It is also correct that most youngsters serve only one third of any court ordered commitment at the facility, the remaining two thirds of the commitment is served at home on an electronic monitoring program or in an alternative program.
CM35 Page 55

This writer concurs with the information in Finding Four.
CM36 Page 55

This writer concurs with the information in Finding Five.
CM37 Page 55

Finding Six notes that the “west wing was built in 1984 and is the most up to date.” As clarification the most recently built and up to date wing would be south wing II. Relative to the other three wings (south I, east and west) all have up to two rooms with toilets, however the other rooms without toilet or sinks require that minors be taken to a central restroom facility. This will not be the case in the new facility where each room has a toilet, sink and drinking fountain.
CM38 Page 55

This writer concurs with the information in Finding Seven.
CM39 Page 55

The information contained in Finding Eight is accurate. Findings – Iris Garrett Juvenile Justice Correctional Complex
CM40 Page 55

This writer concurs with the information in Finding Nine.
CM41 Page 55

This writer concurs with the information in Finding Ten.
CM42 Page 56

This writer is convinced and hopes the information in Finding Eleven will prove to be true. Only operation of the new facility will bear this finding out.
CM43 Page 62

Finding: Merced College Police Department collected money for fingerprinting. There was no proper documentation regarding receipts of money, which led to an unclear audit trail. There was no consistent use of the receipt books. In 2000, the police department used three-part receipts with six digit sequential numbers. The receipts contained the customer’s name and address. The badge number or employee number of the officer was indicated. The receipts were dated with quantity and total charges. During 2001 and 2002, the receipt books changed. There was no sequential number on the receipts. The demographics were vague. In 2003, the majority of the receipts 62 viewed did not have a customer name, address, or signature of receiving officer. An un-cashed check dated from a previous year was found in the box of the receipt books. Respondent agrees with the finding. •
CM44 Page 63

Finding: Currently, there is no accounting policy at Merced College. Respondent agrees with the finding with respect to the police and security department. •
CM45 Page 63

Finding: Inappropriate corrections were made on police employee’s time cards. Employees were instructed to use compensatory time during the week following that in which it was earned. The respondent disagrees with the finding on the basis of lack of information. • Nonetheless, all MC Police Department employees will be instructed as to proper • procedure for completion and changes on employee time cards. Employees will indicate prior to accruing overtime if that time will be taken as compensatory time.
CM46 Page 63

Finding: The police department had access to Defense Reutilization and Marketing Service (DRMS). This service offers military excess equipment at no cost. This equipment includes various items such as riot gear, all weather clothing, gas masks, and body armor. There is no policy regarding this equipment nor who has access to it. Many items were assigned to employees. There is no tracking system in place for retrieving equipment once an employee has left the department. Respondent agrees with the finding. •
CM47 Page 63

Finding: Employees were removing DRMS equipment from the college premises with and without permission. The respondent disagrees with the finding on the basis of lack of information. • However, proper procedure for removing equipment from college premises will be • reviewed with all department employees.
CM48 Page 63

Finding: DRMS equipment is stored in an old trailer that is rusted, packed beyond capacity, and unprotected from the elements. The current storage situation is unsafe for employees to access equipment. There are tents that are being stored outside completely exposed. Lack of use and maintenance is causing the equipment to deteriorate. Respondent agrees with the finding. •
CM49 Page 63

Finding: Merced College police are not authorized to issue moving violations at this time. They continue to issue parking citations. Respondent agrees with the finding. •
CM50 Page 63

Finding: There has been inadequate supervision and support for the employees of the Merced College Police Department for a variety of reasons. In the past, the MC Police Department staff did not believe they had effective communication with supervisors, management and administration. Respondent agrees with the finding. •
CM51 Page 63

Finding: Extra help employees are not issued parking permits. They must pay the $1 daily fee or the $20 semester fee to park their automobiles. Respondent agrees with the finding. •
CM52 Page 65

Recommendation: Dr. Johnson should report verbally and in writing to the Board of Trustees monthly regarding the progress at the MC Police Department. The recommendation requires further analysis. • The Board will determine who is responsible for progress reports as appropriate within • six months.
CM53 Page 65

Recommendation: Extra help employees should be issued parking permits on a semester basis. This alleviates the need for them to pay the daily or semester parking fee. The recommendation requires further analysis. • The district will review this issue and take appropriate action within six months. • Grand Jury Follow-up: There was little information given as to the type of analysis needed in order to implement the
CM54 Page 67

Regarding an audit of police association accounts and documents turned over to the Merced County District Attorney for criminal investigation: As neither this association nor its accounts are part of the City of Dos Palos, and as it does not use city funds or taxpayer dollars, this
CM55 Page 67

The Dos Palos Police Department has developed a written policy for the handling of evidence and property, approved by the city council on August 3, 2004 and implemented on August 4, 2004.
CM56 Page 67

The Dos Palos Police Department has developed a written policy for department-issued cell phone usage, approved by the city council on August 3, 2004 and implemented on August 4, 2004.
CM57 Page 67

The Dos Palos Police Department has developed a written policy regarding nepotism, approved by the city council on August 3, 2004 and implemented on August 4, 2004.
CM58 Page 67

The Dos Palos Police Department has developed a written policy regarding complaints against officers. All future complaints against officers will be investigated (none pending). Future investigation results will be noted in both personnel files as permitted by law and an internal affairs investigation file, approved by the city council on August 3, 2004 and implemented on August 4, 2004.
CM59 Page 67

The Dos Palos Police Department has developed a written policy regarding employment qualifications approved by the city council on August 3, 2004 and implemented on August 4,
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The Sheriff’s Department is to be commended for addressing the issues of the cracked glass on cell block doors and chipped paint in the cells. The Sheriff’s Department is commended for their efforts in responding to the correctional needs of Merced County despite the fiscal restraints under which they operate. 10 MERCED COUNTY SHERIFF’S DEPARTMENT JOHN LATORRACA CORRECTIONAL FACILITY Mandated Inspection INTRODUCTION/BACKGROUND Pursuant to California Penal Code Section 919, the Grand Jury has the responsibility to annually investigate the conditions and management of correctional facilities within Merced County. The Sheriff’s Department is responsible for the daily operations of this facility under the command of Sheriff Mark Pazin. A tour of the John Latorraca Correctional Facility, at 2584 W. Sandy Mush Road, Merced, was conducted on February 11, 2005. METHOD OF INVESTIGATION 08-04-04 Sheriff Mark Pazin gave the Grand Jury a presentation regarding the Sheriff’s Department. 02-11-05 A sergeant guided the Grand Jury on a tour of the John Latorraca Correctional Facility. 03-01-05 A Grand Jury Committee interviewed personnel from the medical section. 04-05-05 A Grand Jury Committee interviewed the commander of the facility. 06-17-05 A Grand Jury Committee interviewed an inmate of the facility.
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Management and staff showed great concern in regards to the existing problems they face on a daily basis. Partitions have been erected in the visitation area in compliance with the recommendations of the 2003-2004 Grand Jury report. The Grand Jury commends the facility for their efforts to curtail the transfer of contraband. 12 MERCED COUNTY JUVENILE DETENTION CENTER IRIS GARRETT JUVENILE JUSTICE CORRECTIONAL COMPLEX Mandated Inspection INTRODUCTION/BACKGROUND Under California Penal Code 919 (b) the Grand Jury is required annually to inspect the condition and management of detention facilities within the county. Juveniles under the age of 18 years are classified as status offenders or inmates. It is because of their status that they are referred to the juvenile division. The facility is responsible for juveniles described by sections 601 and 602 of the Welfare and Institutions Code. 601: Describes juveniles that could be in trouble for truancy, runaways, out of control of their parents, etc. These are offenses they would not be punishable for if they were over 18 years. 602: Describes juveniles that commit a criminal offense such as petty theft, rape, murder, etc. METHOD OF INVESTIGATION 08/04/05 Bill Davidson, recently retired Chief Probation Officer in charge of juvenile hall operations, met with the Grand Jury. He gave a presentation on how the Probation Department operates in the new Merced County Juvenile Detention Center, now called the Iris Garrett Juvenile Justice Correctional Complex, located on Sandy Mush Road adjacent to the John Latorraca Correctional Facility. 01/14/05 A Grand Jury tour of the complex was conducted by recently retired Division Director, Franz Moosbauer. 01/14/05 The Grand Jury toured the new court room and spoke with Commissioner Tom Burr who reviewed the types of hearings performed: arraignment, pre-hearing, jurisdiction, disposition, review (every six months), restitution, etc. 01/14/05 The Grand Jury Committee visited the temporary holding areas, the living quarters, and the classrooms. The Committee also spoke with inmates, correctional officers, and educators. . 05/06/05 The Committee contacted Commissioner Burr for follow up discussion. 05/06/05 The Committee contacted the Program Manager for follow up discussion.
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It appears the Dos Palos Police Department is doing a just and balanced job in their Internal Affairs Investigations. The Department is commended for its efforts to modernize the facility and the operational procedures, including updating equipment (e.g. bar coding in the evidence room, new computer systems, etc.), renovating the older areas of the building, providing workstations for employees, and enhancing worker relations. The Merced County Grand Jury would like to commend the Dos Palos Police Department for unwavering cooperation during this process. 40 LIVINGSTON POLICE DEPARTMENT INTRODUCTION The Grand Jury may investigate, at its discretion the operations, account, and records of the officers departments, functions, and the method or system of performing the duties of any law enforcement agency located within the county in accordance with Penal Code §925 a. The 2004-2005 Grand Jury chose to look at the City of Livingston Police Department Internal Affairs practice. METHOD OF INVESTIGATION 4/26/05 A Grand Jury committee visited the police department in Livingston. We spoke with the chief and toured the facility, including the evidence room. 5/26/05 A Grand Jury committee visited the police department in Livingston. Several Internal Affair files were reviewed.
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The Grand Jury commends the employees of the Department of Human Resources for their assistance and cooperation during this investigation. The Grand Jury commends Stephen Jones for supplying us with all requested documents in a timely manner. Response: Human Resources completed a review of the Merced County 2003-2004 Grand Jury Report and in response to the findings and recommendations for Complaint #03-04-14 are the following comments.

Comments 1

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The Human Resources Office complied with appropriate rules and procedures as outlined in Resolution #91-32. Response: CEO-Human Resources concurs that we are in compliance with Resolution #91-32. * The final question of the interview, which asks the applicant if there is anything that they would like to add, could be construed as a non-rated closure to the interview. Response: Candidates are informed they are to come prepared to respond to the questions, and to give information about themselves within the time frame allotted. They are further informed they are to be prepared to tell the interview panel why they believe they are qualified and suited for the position. The final question is part of their score of their overall presentation. * Applicants were graded on a 100% point system, with a total of 10 questions. Each is worth 10 points. Response: The questions are not worth 10 points each. The questions are divided among four rating sections, and the interview panel members grade from 65 (Unacceptable) to 100 (Superior) the response to the questions that correspond to that rating section. The panel members then total each of the four sections; then divide by four to receive the average score for the candidate.