final-2001-2002*

Note: Missing finding numbers detected: F12, F13, F14

Conclusions 24

• CL1
  Chemical spray is a primary means used to quell fights and It was apparent to the 2001-2002 San Luis Obispo Grand Jury during its disturbances between wards and to protect COs against assaults by inspection and subsequent investigation into the El Paso de Robles CYA wards. Statistics show 1,595 incident reports were made in 2001. Most facilities, that while some serious problems exist, progress in other areas is are one-on-one incidents. Many of the major incidents are racially impressive. motivated, with others being gang involved. Testimony from staff and former staff interviewed by the Grand Jury and
• CL2
  The Grand Jury received information that injuries suffered by COs examination of records provided indicated that in some instances their caused disabilities and resignations that resulted in staff shortages. supervisors do not support COs. These shortages result in forced mandatory overtime by staff. Such The Grand Jury believes that past and current litigations have resulted in conditions lower staff morale. restricting the ability of the Supervisors and COs to manage ward conduct
• CL3
  Testimony revealed that COs have been prosecuted for using and thus maintain control of the facility. excessive force. State CYA Administration has issued disciplinary policies that are difficult
• CL4
  A female CO stated that she had complained to her supervisor about a to enforce and also place site administrators in a position that makes it co-worker who had shown videos with a sexual content to wards. The difficult to issue orders to promptly and adequately discipline offending video was brought from outside the facility by the CO. This is a wards. violation of CYA regulations. Subsequent interviews revealed that other The Grand Jury feels strongly that the wards at CYA El Paso de Robles videotapes were brought in also. The female CO stated that the should be treating the COs with respect; the Grand Jury feels that the complaint was ignored. Management stated that they were unaware of wards must earn respect. This can be brought about by the COs having this complaint. the ability to bring swift and direct punishment. It should be reiterated that the wards are youths who have been convicted of criminal offenses, many of which are of a very serious nature. A separate report is required for each ward exposed in an incident, even if they were bystanders.
• CL5
  The Department implemented a complaint form on September 10, 2001. The Grand Jury concludes that the Department has had no efficient system to address the complaints being voiced by parents. It was discovered Parent complaints are not being logged in a central location. there were occasions, that by the time the objections were made known and referred to a supervisor or assigned to an investigator, the situation
• CL6
  Over 90% of Department workers interviewed were unaware of a referred to was no longer capable of being corrected due to the finality of Standing Review Panel, its purpose or existence. court proceedings.
• CL7
  The Department had made no recent effort to convene or implement the Standing Review Panel as directed by the Board of Supervisors It was decided by this Grand Jury that there was a serious need for (1996)2 and recommended by previous Grand Juries (1993/94, implementation of a Standing Review Panel, as had been considered and recommended by Grand Juries1 and approved by the Board of Supervisors 1994/95, 1995/96). in years past. Such a panel would serve as a body independent of the
• CL8
  The Department has stated the Standing Review Panel will have no Department. The panel's purpose is to review decisions and actions by financial impact on the Department budget. management regarding formal complaints that have not been resolved to the satisfaction of the parents. It was felt such a panel would serve not
• CL9
  The current "Parents Guide to Dependency Proceedings" (referred to only to cope with legitimate complaints made, but would protect employees as the "Pink Book") provided parents when children are removed from of the Department from charges that were unfounded, unsubstantiated, the home does not now contain sufficient information regarding how to and possibly unreasonable. file a complaint against the Department. Even as our investigation in this regard was being conducted and our concerns were made known to the management heads of the Department,
• CL10
  Failure to observe these rules by anyone giving testimony may result in their allotted time being diminished and deemed out of
• CL11
  The San Luis Obispo County Grand Jury 2001-2002 elected to inspect the Juvenile Services Center during its term of duty. Prior inspections were As a direct result of the 2001-2002 Grand Jury inspection of the Juvenile conducted and reported on during the 1997-1998 Grand Jury terms. Services Center and a need for expansion observed, a subcommittee from the Grand Jury accompanied members of the County Probation SCOPE OF INVESTIGATION Department and other county staff to Sacramento on a mission to request Three inspection tours were made of the facility at the Juvenile matching funds from State Department of Corrections for an expansion of Services center to determine existing conditions. the current Juvenile Service Center facilities. This expansion will be needed in the near future and has already had funding set aside by the Interviews of personnel included: ٠ Board of Supervisors. The Board of Corrections subsequently declined the County Chief Probation Officer request for funding to expand the facility. Superintendent of Facility Assistant Superintendent The Grand Jury believes adding the four shift supervisors is an appropriate Juvenile Counselors approach for safety and security of the institution. Psychologists Chief Cook Several Juvenile wards
• CL12
  Louise Justice William McKee The Grand Jury concludes that the Recommendations from the Final Pat Pio Report issued January 18, 2002 on Complaint Resolution at the Department of Social Services have been acted upon as follows: Recommendation 1: The Complaint Procedure revision has been CITY PLANS AND ADMINISTRATION COMMITTEE implemented. At the outset, the City Committee requested data from all the cities and Recommendation 2: Training of staff was inadequate. Community Services Districts of San Luis Obispo County. The objectives were twofold: Recommendation 3: Revision to the Complaint Form has been implemented.
• CL13
  to orient the committee with respect to the rules governing their
• CL14
  Recommendation 4: The logging and tracking of complaints has been procedures and, implemented. (2) to determine omissions or differences which might be worthy of a public report. Recommendation 5: Distribution of complaint forms has not been completely implemented. The committee wishes to acknowledge gratitude for the cooperation extended by the various districts and cities in the county.
• CL15
  All new clients are receiving a complaint form.
• CL16
  The two reports presented herein are informational to yield public
• CL17
  Not all current clients have received the complaint form.
• CL18
  awareness on the subject of voting procedures exemplified by the Los Osos Community Services District and purchasing policies utilized by the Recommendation 6: The Standing review Panel is being implemented. Cambria Community Services District. The report on voting is abbreviated, Recommendation 7: Revision of the Pink Book has been implemented. because the laws on voting are complex and extensive. Recommendation 8: DSS determined additional funding for the Standing I thank the members of the committee for their diligence and care in Review Panel as being unnecessary, so it is not a consideration. researching data and reviewing complaints.
• CL19
  made available to the eligible voting public in each district. While it was determined that no laws were violated and the resultant fees The Grand Jury reviewed the laws of California as they pertain to the appear to be reasonable, it is recommended that Community Services powers and jurisdiction of Community Service Districts. It reviewed the Districts review their bid procedures to assure the best results for the laws governing the voting procedures of any political entity throughout the Community. The use of on-going and standardized procedures that are applied consistently would avoid any hint of impropriety.
• CL20
  ASSESSMENT VOTES - No assessment may be imposed if a "majority protest" exists. A "majority protest" exists if ballots submitted in opposition The laws governing non-elective issues, especially those that result in the imposition of a tax assessment or fee upon persons or property, constitute exceeds ballots submitted in favor of the assessment. In determining a highly complex body of law as set forth in Article XIII D of the California whether or not a majority protest exists, each ballot is weighted according Constitution and statutory authority granted by the Legislature, for example to proportional financial obligation of the affected property. in the Streets and Highway Code and the Government Code. (See Exhibit 1 for definition of terms.) While CSDs enjoy a great deal of independence and have many COUNTY PLANS & discretionary powers, they are, bound by law. ADMINISTRATION The vote conducted by the LOCSD was conducted in a proper, legal manner and sufficient information was made available to the electorate to COMMITTEE enable individuals to make informed decisions on their votes. The laws governing non-elective voting in the State of California are highly complex and subject to various interpretations and disagreements amongst lawyers who have substantial expertise in this body of law. There are also some conflicting court decisions regarding the proper interpretation of Committee Members: various sections of the laws governing non-elective voting. Bonnie Engberg, Chairperson The majority of the laws governing non-elective voting particularly for Frank Paneno, Pro Tem Community Services Districts are to be found in Title 6 of Government Roger Eberhardt, Secretary Code and the Streets and Highway Code related to the formation of Trevett (Kip) Chase assessment districts. The most recent law concerning non-elective voting Gary Cochran procedures that involves the way local governing bodies can finance their Arlene Coppola activities was passed by the California electorate on November 5, 1996 as William McKee Proposition 218. The proposition added Article XIII C and XIII D to the Dale Olsen California Constitution and makes numerous changes to local government Pat Pio finance law. The qualified electorate may vary in response to the issue to be voted on: i.e., whether the benefits and financial burden are for the general good or COUNTY PLANS AND ADMINISTRATION COMMITTEE for a specific group. The County Plans and Administration Committee is charged with looking at Resident and non-resident property owners are entitled to participate in San Luis Obispo County Departments and the County Board of voting on assessments to their property in order to pass the test of due Supervisors to assure that citizens are being served in a proper, fair, and process as required by law. timely manner.
• CL21
  The Grand Jury also questioned the apparent non-response to several It has been determined that a reform of methods by which the Board of recommendations made by the 2000-2001 Grand Jury regarding the Supervisors makes land use decisions is necessary. The decisions California Environmental Quality Act (CEQA) report dated April 2001. ultimately affect county residents regarding general and specific area land use and development.
• CL22
  1973, the SLO County Free Library merged with the San Luis Obispo Both garages appear to be efficient at repairing and maintaining the Public Library and the new name of the system became the San Luis vehicles for which they are responsible. The two garages are somewhat Obispo City-County Library. different in that the Public Works garage handles heavier and specialized vehicles and does more work away from the garage. The staffs of both SCOPE OF INVESTIGATION garages appear to be hard working and efficient. The Library Director and the Children's Head librarian were interviewed. General Services customer satisfaction appears to be high. There are The branch libraries in Arroyo Grande and Shell Beach were visited and efforts to make maintenance visits as short as possible and pickup/drop-off the Head Librarians in each of these branches were interviewed. A Town procedures as convenient as possible. Meeting in Nipomo was attended. Informational publications generated by the library were reviewed. Because most vehicles are less than eight years old and preventive maintenance is done, there are relatively few major repairs necessary.
• CL23
  Minute rule imposed by the Board of Supervisors and the Boards of Directors of Community Service Districts. The rule relates to the time The library system is inadequately funded. The inadequacies affect all limitation imposed on citizens during the Public Comment portion of the areas: personnel, including salaries and benefits, books and materials various governing board meetings. Rather than pursue individual purchases, facilities (maintenance, expansion, and new construction). It complaints, the Grand Jury pursued a general investigation into the matter has been estimated by the library administration that to bring standards up of time limitations imposed by the local governing bodies during the public to the desired level of service would require and additional $2-3 million. comment period of a meeting. Building repair and expansion would require an additional $11 million. SCOPE OF THE INVESTIGATION The Grand Jury believes that library personnel are doing a commendable job of providing a variety of services to the public, while laboring under The Grand Jury interviewed two of the complainants at length concerning financial restrictions. their experience of trying to be heard on their issue. The complainants expressed their strong dissatisfaction with the rule. They were queried A recent change in job classifications at the county level has caused about their experience and their concern that the rule did not give the confusion in the hiring process and delays in filling job assignments. For public a reasonable opportunity to be heard at meetings. example, Librarian I,II, and III classifications have been changed to the more general classifications of Administrative Assistant I,II, and III. The Grand Jury interviewed the present and immediate past presiding officer of the Board of Supervisors and two other directors from Community Because the library system is mandated by county ordinance to limit the Service District (CSD) boards. hours of temporary personnel to 960 hours per year, there is a shortage of people to fill these positions. Grand Jury members attended meetings of other CSDs and learned of their rule concerning time limitations for the public to be heard on issues The repair of computer equipment is delayed because of a shortage of before the Board. technical help.
• CL24
  $6,298,021 $6,268,156 $618,872 $5,649,284 $5,811,903 Gross Expenditures There should be a time limitation imposed on an individual's time to speak $229,800 $29,800 $200,000 $200,000 Contingencies $0 during the public comment portion of a board meeting. This limitation is 141,833 83,394 New Reserves 58,439 58,439 141,768 Total Financing $5,907,723 $5,870,342 $6,639,789 $6,639,789 $732,066 necessary to avoid endless repetitions of the same statements couched in different verbiage by members of the public. Without time limitations board $5,248,594 $5,253,037 $5,747,933 $5,447,933 $199,339 Revenues meetings could go on ad infinitum. Fund Balance 541,856 (55,604) 597.460 597,460 541,856 650,000 588,331 Cancelled Reserves 61,669 61,669 50,000 $732,066 $6,339,789 Total Financing $5,907,723 $5,912,166 $6,639,789 Strict enforcement of a Three Minute rule appears to occasionally result in a failure of communication between members of the public and the boards. IMPLEMENTATION Items raised at board meetings often involve highly emotional issues. It is important that all participants should conduct themselves with courtesy, REVIEW dignity, and respect. Meetings should not be debating matches between various opponents. COMMITTEE The warning light system can be flustering and distracting to a speaker.