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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.

Mendocino County Grand Jury • 2005-2006

The Honorable Eric Labowitz Presiding Judge, Superior Court 100 North State Street, Room 303,

Published: July 07, 2005 161 pages
View PDF View Full Original

Findings and Recommendations 25 findings

F1 Page 62
The Willits Patrol Police Officers earn approximately 15% less than other law enforcement officers in Mendocino County. Response (Sheriff): Without additional information the Department can neither agree nor disagree, however the Department has no reason to doubt the Grand Jury’s finding. Response (Buildings and Grounds): The Department neither agrees nor disagrees with this finding. The finding is outside the purview of Buildings and Grounds. Response (Board of Supervisors): Without further information the BOS can neither agree nor disagree with this finding.
Related Recommendations (2)
R1
Page 55
The Grand Jury recommends that the staffing for 54 Corrections Deputies be implemented upon completion of the new MCJ addition. (Findings 1 and 3) Response (Sheriff): This recommendation has not yet been implemented, but will be implemented in the future. The Sheriff’s Office and Board of Supervisors committed to the staffing increase as part of accepting the construction grant. Response (Buildings and Grounds): This recommendation is directed to the Board of Supervisors and the Sheriff’s Office. Response (Board of Supervisors): The BOS agrees with the response represented by the Sheriff’s Department, and does recognize the staffing needs to be implemented if the jail expansion moves forward.
R25
Page 57
The Grand Jury recommends that RVUSD develop and use web-based informational resources to communicate with all concerned parties, and to network with others who share a concern for special education. (Findings 1, 3, 19, 20, 21, 22, 23, 25, 26, 27, 29, 30, 32, 33). Comments The Grand Jury believes that all parties, especially parents, should know their rights, responsibilities and obligations so that they work together in the best interests of the students.
F2 Page 62
The current maximum salary for a Willits Patrol Police Officer is $39,686 annually. The reported average salary for the same work in the Mendocino County Jail or Sheriff’s Office is $45,864 annually. Response (Sheriff): Without additional information the Department can neither agree nor disagree with the Grand Jury’s finding regarding the maximum salary for Willits PD officers. The Department disagrees in part with that portion of the finding related to the Sheriff’s Office. First, the County Jail and the Sheriff’s Office are not two separate entities. Second, comparing the maximum salary of one agency to the average salary of another is problematic. A better comparison is to use salary ranges. The salary range for a Corrections Deputy is from $36,109 per year (starting), to $46,114 per year (top step with longevity pay). The salary range for a Deputy Sheriff is $36,109 per year (Deputy-I, starting), to $50,690 (Deputy-II with POST Advanced Certificate). Additional premiums are paid for assignment to a resident post, or as a training officer or detective. Response (Buildings and Grounds): The Department neither agrees nor disagrees with this finding. The finding is outside the purview of Buildings and Grounds. Response (Board of Supervisors): The BOS agrees with the response represented by the Sheriff’s Department.
No recommendations for this finding
F3 Page 63
In 2004, the Willits Police Department lost a key health benefit. The benefit was a non-deductible policy and was used as a recruitment and retention tool. Response (Sheriff): Without additional information the Department can neither agree nor disagree with this finding. Response (Buildings and Grounds): The Department neither agrees nor disagrees with this finding. The finding is outside the purview of Buildings and Grounds. Response (Board of Supervisors): Without further information the BOS can neither agree nor disagree with this finding.
No recommendations for this finding
F4 Page 63
The current number of authorized patrol police officers for the Willits Police Department is ten. Response (Sheriff): Without additional information the Department can neither agree nor disagree with this finding. Response (Buildings and Grounds): The Department neither agrees nor disagrees with this finding. The finding is outside the purview of Buildings and Grounds. Response (Board of Supervisors): Without further information the BOS can neither agree nor disagree with this finding.
Related Recommendations (2)
R3
Page 55
The Grand Jury recommends that the MCJ increase the number of Safety Cells from three to ten. The men’s wing needs four additional cells and the women’s wing needs three additional cells. (Findings 4 and 6) Response (Sheriff): This recommendation will not be implemented because it is unreasonable. This is an example where none of the statutorily defined response options are appropriate. On one hand, I agree wholeheartedly that the jail needs more safety cells, but from a practical standpoint the loss of space needed to create ten safety cells would entail a massive disruption of jail operations. The planned construction of the 64-bed addition will allow some reconfiguration of existing space, but at some point the County must begin to plan for a new, modern jail with a sufficient number of safety, segregation and medical isolation cells, each designed and built for their intended purposes—not retrofitted from some other use. Response (Buildings and Grounds): This recommendation is directed to the Sheriff’s Office. Response (Board of Supervisors): The BOS agrees with the response represented by the Sheriff’s Department.
R15
Page 56
The Grand Jury recommends that RVUSD develop a calendar and tracking system to assure that all important deadlines are met. (Findings 4, 21, 22, 25, 29, 30, 32, 40).
F5 Page 63
The Willits Police Department has eliminated all three Community Service Officers (CSO) due to budget cuts. Response (Sheriff): Without additional information the Department can neither agree nor disagree with this finding. Response (Buildings and Grounds): The Department neither agrees nor disagrees with this finding. The finding is outside the purview of Buildings and Grounds. Response (Board of Supervisors): Without further information the BOS can neither agree nor disagree with this finding.
Related Recommendations (1)
R2
Page 55
The Grand Jury recommends that the doorframe of the Safety Cell be repaired. (Finding 5) Response (Sheriff): This recommendation has been implemented. A temporary repair was completed on January 24, 2005. Permanent repairs are being arranged by County Buildings & Grounds. Response (Buildings and Grounds): This recommendation has been implemented. Permanent repairs are being arranged by Buildings and Grounds. Response (Board of Supervisors): The BOS agrees with the recommendation.
F6 Page 64
There is no Detective position in the Willits Police Department. Response (Sheriff): Without additional information the Department can neither agree nor disagree with this finding. Response (Buildings and Grounds): The Department neither agrees nor disagrees with this finding. The finding is outside the purview of Buildings and Grounds. Response (Board of Supervisors): Without further information the BOS can neither agree nor disagree with this finding.
No recommendations for this finding
F7
There are no Reserve Willits Police Officers. Response (Sheriff): Without additional information the Department can neither agree nor disagree with this finding. Response (Buildings and Grounds): The Department neither agrees nor disagrees with this finding. The finding is outside the purview of Buildings and Grounds. Response (Board of Supervisors): Without further information the BOS can neither agree nor disagree with this finding.
Related Recommendations (1)
R4
Page 56
The Grand Jury recommends that the MCJ provide television in Holding Cells. (Finding 7) Response (Sheriff): This recommendation has not yet been implemented, but will be implemented in the future. The Jail Commander is working on this project with our Inmate Services Coordinator, however, compared to resolving some of the serious maintenance problems in the facility, this is a low priority. We will attempt to have the televisions installed by the end of this year. Response (Buildings and Grounds): This recommendation is directed to the Sheriff’s Office. Response (Board of Supervisors): The BOS agrees with the response represented by the Sheriff’s Department.
F8 Page 64
The Sobering Cell lacks a partition or handrail located next to the toilet in such a manner that it provides support to the user. Response (Sheriff): The Department disagrees with this finding. There was no handrail in place at the time of the Grand Jury’s inspection; however a handrail was installed on January 17, 2005. Response (Buildings and Grounds): The Department disagrees with this finding, and agrees with the Sheriff’s response that a handrail was installed on January 17, 2005. Response (Board of Supervisors): The BOS agrees with the response represented by the Sheriff’s Department.
No recommendations for this finding
F9 Page 64
There is no mention in the Willits Police Department’s Jail Manual of an agreement between the Willits Police Department and the Mendocino County Sheriff’s Department addressing the responsibility for supervising inmates who are being held in the Willits facility pending transfer or other disposition. Response (Sheriff): Without additional information the Department can neither agree nor disagree with this finding. Response (Buildings and Grounds): The Department neither agrees nor disagrees with this finding. The finding is outside the purview of Buildings and Grounds. Response (Board of Supervisors): Without further information the BOS can neither agree nor disagree with this finding.
No recommendations for this finding
F10 Page 72
Legal guardians are expected to pay $15 per day while their charge is in Juvenile Hall. Response (Probation/Juvenile Hall): The Department agrees with this finding. Response (Board of Supervisors): The BOS agrees with this finding.
Related Recommendations (2)
R5
Page 56
The Grand Jury recommends that an assistant be available to allow the Booking Officer to efficiently perform required duties. (Finding 10) Response (Sheriff): This recommendation requires further analysis. This recommendation refers back to Finding #10, which states, “There is only one MCJ Booking Officer per shift.” This is incorrect; there are two booking officers per shift in the men’s jail and one per shift in the women’s jail. The Grand Jury may have had in mind the addition of a non-sworn booking clerk. Such a position would have value so long as it did not result in a reduction of the number of Corrections Deputies. In an emergency a Corrections Deputy can leave his or her post in booking to assist other officers. A non-sworn position does not provide that flexibility. The addition of non-sworn booking assistants would require increased funding from the Board of Supervisors. Response (Buildings and Grounds): This recommendation is directed to the Sheriff’s Office. Response (Board of Supervisors): The BOS can neither agree nor disagree with this recommendation without further information.
R11
Page 55
performance audit of RVUSD administration to correct the abuse and intimidation that pervade the entire organization. (Findings 10, 11, 12).
F11 Page 72
Pay phones in Juvenile Hall pay for all recreational equipment. Response (Probation/Juvenile Hall): The Department agrees with this finding. Response (Board of Supervisors): The BOS agrees with this finding.
No recommendations for this finding
F12 Page 91
There is in our community a tremendous range of opinion on what constitutes good mental health practices, which contributes to the confusion and disagreement. Response (Mental Health): The Department agrees with this finding, although this is not unique to our community. The goal is to provide an array of services to meet the range of need, and the lack of adequate resources to provide this array is what often leads to disagreement on priorities. Response (Mental Health Board): The Mental Health Board agrees with this finding. Response (Board of Supervisors): The Board of Supervisors agrees with this finding.
No recommendations for this finding
F13 Page 99
Many cuts in services, such as early intervention programs. that have been deemed less essential result in increased costs to the taxpayer.
Related Recommendations (1)
R12
Page 56
The Grand Jury recommends that RVUSD immediately contract with adequate medical staff in accordance with State Education Code. (Findings 13, 14, 15).
F14 Page 99
The many private and non-profit institutions in our County that serve persons with mental illness are also in a state of financial crisis.
Related Recommendations (1)
R6
Page 57
The Grand Jury recommends that the MCJ complete renovation of the laundry area. (Finding 14) Response (Sheriff): This recommendation has already been implemented. Renovation of the jail laundry was completed on January 7, 2005. Response (Buildings and Grounds): This recommendation has already been implemented. The renovation of the laundry area was completed on January 7, 2005. Response (Board of Supervisors): The BOS agrees with the response represented by the Buildings and Grounds Department.
F15 Page 99
The Mental Health Services Act, the subject of a report on Proposition 63 issued earlier this year by the Grand Jury, promises some measure of relief through additional funds. COMMENTS Mental illness is, both literally and figuratively, the member of the family many of us prefer to ignore. We find it scary. There is no easy fix for it. It carries a stigma in our society that deters us from confronting it and from dealing effectively with it. The consequence of our reluctance is an increase in suffering on the part of all. Historically, when tax dollars are distributed, mental health services will always be at the back of the line, in part as a result of public indifference. Such an attitude cannot be changed easily. What do we owe ourselves and our community and how can we best meet the severe challenges posed at this time? To assign complete responsibility for the care for persons with mental illness to the MHD would be both impossible and wholly counter-productive. The following agencies and departments are among those that also respond to the needs of this population: Law Enforcement; Department of Corrections; Department of Probation; Public Housing; Public Health; Child Protective Services; Alcohol and Other Drug Programs; and Senior Services. The impact on the budget allocations in those agencies demanded by their service to the mentally ill would be difficult to calculate precisely, but no one could argue that the overall cost is not immense. If the annual expenditures of the private and non-profit entities that serve those with mental illness were added to the amount of taxpayer dollars, the total would rise even further. The Grand Jury cannot even estimate that figure, but in the context of the County’s economy it must be staggering. Many elements of the crisis in mental health apparent in the findings above would exist even without the budget crisis. But the shortage of funds suggests several responses: a clear and uncompromising setting of priorities that work within the funds available; an increase in the number of self-help groups that can, with some professional guidance, give tremendous support to persons with mental illness; the elimination of duplication of tasks across different agencies as well as the curbing of any turf battles that might develop; and the explicit cultivation of alternatives to traditional (more costly) methods of assisting those with mental illness. The reality of the situation is that we may also have to choose which groups NOT to treat; “treat the treatable” may become the mantra as government increasingly reduces funding, and the result will be a kind of mental health triage.
No recommendations for this finding
F16 Page 123
Under this mandate, the MTA is required to identify personnel who perform Safety Sensitive functions (ones that have a direct effect on day-to-day operations) who are subject to RDAT.
Related Recommendations (1)
R13
Page 56
The Grand Jury recommends that RVUSD immediately make secure desks, computers, and fax machines where confidential student or personnel information is maintained or transferred. (Findings 16, 31).
F17 Page 123
In small rural transit authorities all personnel have a direct effect on day to day operations and therefore perform Safety Sensitive functions.
No recommendations for this finding
F18 Page 123
The MTA does not identify all personnel who have a direct effect on the transit authority’s day to day operations as Safety Sensitive.
No recommendations for this finding
F19 Page 123
The MTA Drug and Alcohol testing program is selective not random.
No recommendations for this finding
F20 Page 123
Some Safety Sensitive employees have gone untested for extended periods of time.
Related Recommendations (2)
R7
Page 57
The Grand Jury recommends that the MCJ’s maintenance problems be addressed and solved with adequate funding to Building and Grounds. (Finding 20) Response (Sheriff): This recommendation is directed to the Board of Supervisors. The Sheriff’s Office has already transferred $15,000 in unanticipated revenue to accelerate the hiring of a Buildings & Grounds maintenance technician. Response (Buildings and Grounds): The Department agrees with this recommendation; however, this recommendation is directed to the Board of Supervisors. Response (Board of Supervisors): The BOS can neither agree nor disagree with this recommendation without further information. Details on maintenance issues should be provided to the CAO’s office for further analysis.
R14
Page 56
The Grand Jury recommends that RVUSD immediately purchase a locking display case to post meeting agendas, job announcements, school calendars, and other public notices as appropriate. Such notices must be displayed in a place of public access, in accordance with the Brown Act. (Finding 20).
F21 Page 123
The MTA submits to a yearly Single Audit, a Triennial Performance Audit for the benefit of Mendocino Council of Governments (MCOG), and a Safety & Loss Control Survey conducted by the California Transit Insurance Pool (CalTIP).
No recommendations for this finding
F22 Page 123
The MTA has failed to implement goals and objectives contained in the 1999 Five Year Transit Development Plan, the Safety and Loss recommendations outlined in the 2002 CalTIP survey, and recommendations in the 2000/01– 2002/03 Triennial Performance Audit, all of which are designed to assess and improve the overall health and strength of the transit authority.
Related Recommendations (1)
R8
Page 57
The Grand Jury recommends that the graffiti on the walls of the Courthouse Holding Cells and the Fort Bragg Holding Cells be removed. (Finding 22) Response (Sheriff): This recommendation is directed to Buildings & Grounds. As I stated in my response to Finding #22, graffiti in the holding cells is an ongoing problem. Special wall finishes may deter damage, but they cannot prevent it altogether. Increasing maintenance personnel at the jail would speed up the removal of graffiti. Response (Buildings and Grounds): This recommendation has not yet been implemented. The Department anticipates that the recommendation will be implemented within sixty days of this response. Response (Board of Supervisors): The BOS agrees with the response represented by Building and Grounds Department.
F23 Page 55
A significant number of the transients arriving in Mendocino County further stress the criminal justice system. Response (Sheriff): Without further information the Department can neither agree nor disagree with this finding. The Jail staff has observed an increase in the number of transients booked, together with a high incidence of mental health problems among this group. Whether or not the number of transient arrestees represents a significant portion of the overall transient population would require a count of that larger population. Response (Buildings and Grounds): The Department can neither agree nor disagree with this finding. The information required to verify this finding is outside the purview of Buildings and Grounds. Response (Board of Supervisors): The BOS can neither agree nor disagree with this finding without further information.
Related Recommendations (2)
R16
Page 56
The Grand Jury recommends that RVUSD immediately update the Policy and Procedures Manual and take steps to insure that these changes are implemented by staff and School Board members. (Findings 23, 25, 29, 30).
R20
Page 56
The Grand Jury recommends that RVUSD require all staff to adhere to an effective organizational system that is defined in the School Board’s Policy and Procedures Manual. (Findings 23, 29, 30).
F24 Page 55
Since the closure of the Psychiatric Health Facility (PHF) in November, 2000, many of the individuals who would have been served at that location are now under the care of the MCJ, at a higher cost to Mendocino County. Response (Sheriff): Without further information the Department can neither agree nor disagree with this finding. It is extremely difficult to identify the impact of services that were not delivered. Response (Buildings and Grounds): The Department can neither agree nor disagree with this finding. The information required to verify this finding is outside the purview of Buildings and Grounds. Response (Board of Supervisors): The BOS can neither agree nor disagree with this finding without further information.
Related Recommendations (1)
R9
Page 57
The Grand Jury recommends that further study be done to resolve the costly problem created by the closure of the PHF, with particular consideration given to the establishment of dual-diagnosis beds. (Finding 24) Response (Sheriff): This recommendation is directed to the Board of Supervisors and County Mental Health. Response (Buildings and Grounds): This recommendation is directed to the Board of Supervisors, the Sheriff’s Office, and the Department of Mental Health. Response (Board of Supervisors): The BOS can neither agree nor disagree with this recommendation without further information. This recommendation should be forwarded to the CAO’s office and the Mental Health Director for further analysis.
F25 Page 56
The kennel used for detainees’ dogs at the Fort Bragg Holding Facility is not clean. Response (Sheriff): Without further information the Department can neither agree nor disagree with this finding. The kennel is not owned by the Sheriff’s Office. Sheriff’s Deputies assigned to the Fort Bragg Sub-Station take arrestees’ animals to the Department of Animal Care & Control shelter in Fort Bragg. Response (Buildings and Grounds): The Department neither agrees nor disagrees with this finding. The Department of Animal Care and Control is responsible for cleaning the kennels at the Fort Bragg Animal Shelter. Response (Board of Supervisors): The BOS agrees with the response represented by the Sheriff’s Department.
Related Recommendations (1)
R10
Page 58
The Grand Jury recommends that a policy be established to ensure timely cleaning of the Fort Bragg dog kennels. (Finding 25) Response (Sheriff): This recommendation should be directed to the Fort Bragg Police Department. Response (Buildings and Grounds): This recommendation is directed to the Department of Animal Care and Control and the Fort Bragg Police Department. Response (Board of Supervisors): The BOS agrees with the response represented by the Sheriff’s Department. Comments The three major reasons for inmates coming to MCJ are substance abuse, theft, and domestic violence. Ninety-nine percent of these inmates have problems related to alcohol, other drugs, or mental health issues. Methamphetamine is a factor in 80% of the arrests in the County. The use of this drug increases the combative and suicidal tendencies in the inmate population. The use of Methamphetamine is a primary factor in the higher rate of women incarcerated. There is an increase of indigent inmates in MCJ during the cold winters and hot summers. The Booking Officer needs an assistant to answer telephone calls and take messages in regard to bail-related matters, court appearances, attorneys, and other relevant matters. This would increase the efficiency of the booking process. The recently installed electronic control board ensures the reliable function of all the security doors in the facility. Jail personnel do an excellent job of providing basic custody services with available facilities and funds. Response Required Mendocino County Board of Supervisors Mendocino County Sheriff Response Requested Mendocino County Building and Grounds Director Willits Police Department and Holding Cells (January 26, 2005) Summary In accordance with duties required, the Grand Jury visited the Willits Police Department and the Holding Cells located at 125 East Commercial Street in Willits.

Conclusions 7

Comments 31

No Responses Found 1

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

Mendocino County County