El Dorado County Grand Jury • 2002-2003 • Agency Response

Complete Report(PDF, 8mb)

Published: July 07, 2003 295 pages
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Findings and Recommendations 24 findings

F1
The undesignated reserve funds are approximately three times the annual operating revenues.
Related Recommendations (1)
R1
GDPUD should adopt and publicize their policy for accumulating undesignated reserve funds as well as the planned use of the funds.
F2
Stumpy Meadows Reservoir is the only source of water for GDPUD.
Related Recommendations (1)
R2
GDPUD should look into secondary water sources for the anticipated growth within the District.
F3
The district operates with no written personnel procedures or formal policies for employees and their evaluations.
Related Recommendations (1)
R3
GDPUD should create a personnel policies and procedures manual. The manual should be updated periodically as required. 9
F4
The District has two CPAs. One is an employee, and the other is an hourly consultant.
Related Recommendations (1)
R4
There should only be one CPA. The time frame of the contract with the Consultant should be reduced and a termination date established.
F5
GDPUD uses an accounting software program called Multiple Operations Manager (M.O.M.), while the Consultant uses Solomon.
Related Recommendations (1)
R5
For efficiency purposes, there should be one accounting software program.
F6
The Grand Jury investigation revealed this was an isolated case.
Related Recommendations (1)
R6
GDPUD should increase treated water storage capacities in the event of equipment breakdown or extended drought cycles. Commendation Management is very proactive in seeking to meet the needs of its customers and appears interested in the overall well being of the community.
F7
The Undersheriff responded in a letter on October 9, 2002 that he was sick during the time in question.
Related Recommendations (1)
R7
The staff should be trained in the use of air packs. Response to R7: The recommendation will not be implemented because it is unreasonable. In addition to the statements provided in R6 above, there are inherent staffing and training problems associated with the decision to mandate detention staff to utilize Air Packs. In an issued paper prepared by the California State Sheriff’s Association on the use of Air Packs (issued April 18, 2002), it was learned that there are Fit Tests required for all staff assigned to use Air Packs, as well as a required medical evaluation. It states, “Persons assigned to 55 tasks that require the use of a respirator must be physically able to perform the work while using the respirator. Accordingly, employers have the responsibility of ensuring that employees are medically fit to tolerate the physical and psychological stress imposed by respirator use, as well as the physical stress originating from job and workplace conditions.” Further, it states, “Employees must be medically evaluated and found eligible to wear the respirator selected for their use prior to fit testing or first-time use of the respirator in the workplace.” A serious staffing and hiring issue would exist should existing staff fail to meet the physical and psychological mandates, and contract requirements would not allow the implementation of these new standards to existing employees. To meet the existing staffing, the Board of Corrections mandate of 1 staff per 10 minors in Juvenile Halls, at least 2 additional staff would need to be hired on each shift to utilize Air Packs, since our basic staffing would be needed to supervise the evacuated minors. During these already difficult fiscal times, the cost of Air Packs, additional staff, monthly mandated testing of equipment, additional physical and psychological requirements, and contractual conflicts, the use of Air Packs appears to be unreasonable.
F8
The Undersheriff’s medical records reviewed by this Grand Jury do not appear to substantiate his claim.
Related Recommendations (1)
R8
The City’s TOT remittance form should be changed to allow sufficient space to permit the rental agents to list the total number of units rented each day and for property owners to list the total number of days the unit was rented.
F9
A review by this Grand Jury of Sheriff’s Department sick leave records, between January 1999 and November 2002, revealed this apparent abuse of sick leave to be an isolated case. 26
Related Recommendations (1)
R9
Replace or modify the electric gate so it will automatically close after it has been opened. Response to R9: The recommendation has been implemented. The electric gate does automatically close when opened by a remote opener.
F10
In January 2003, the County Counsel filed suit against the Undersheriff in small claims court to recover monies owed pursuant to the limitations of said court. Response to F10: The Respondent agrees with the finding.
Related Recommendations (1)
R10
Replace larger DOT hydraulic lift with the appropriate lift for maintaining the fleet vehicles. Response to R10: The recommendation will not be implemented because it is unreasonable. While we concur that the larger hydraulic lift is not functional for Fleet Management’s needs, funding is not currently available and given the current fiscal outlook, it is unreasonable to replace this equipment at this time. Should funding become available in the future this recommendation will be included as part of the Fleet budget request.
F11
The District Attorney sent a letter to the Grand Jury misquoting Rule 5-300 of the California Rules of Professional Conduct for attorneys.
Related Recommendations (1)
R11
Annual performance evaluations should be completed. Response to R11: The recommendation has been implemented. The prior Grand Jury recommendation to implement performance evaluations was negotiated with the respective union representatives and has been implemented. The Director of Human Resources notified all County Department Heads on or about October 17, 2002 to implement the annual performance evaluation process along with instructions and training on how to do the evaluations. Human Resources sends notice to each department two months before an evaluation is due. This notice contains a list of the employees for whom a performance evaluation will need to be completed.
F12
Sworn testimony by the District Attorney and other witnesses conflicts in important and significant details.
Related Recommendations (1)
R12
The dining room ceiling should be replaced. Response to R12: The recommendation has not yet been implemented, but will be implemented in the future. General Services has scheduled the dining room ceiling for replacement. The work will be completed
F13
Portions of the District Attorney’s testimony and documentation were found to be lacking in truth and veracity.
Related Recommendations (1)
R13
The dining room storage area fire extinguisher should be made accessible. Response to R13: The recommendation has been implemented. The fire extinguisher in the dining room storage area has been made accessible
F14
The City Council is not adequately informed regarding the delinquent TOTs.
Related Recommendations (1)
R14
All kitchen food handlers should wear hair nets/hats. Response to R14: The recommendation has been implemented. The department policy has been for all food handlers to wear hair nets/hats. Due to this finding Community Services has re-affirmed the policy, with no exceptions, to all staff involved in food handling.
F15
Of the five rental agencies audited for this investigation, the Investigator estimated that nearly $100,000 underpayment of TOT occurred in 2002.
Related Recommendations (1)
R15
The kitchen hand sink should be re-caulked. Response to R15: The recommendation has been implemented. The kitchen sink has been re-caulked.
F16
It was further estimated that over $224,000 was underpaid by all rental agencies in 2002.
Related Recommendations (1)
R16
The stairwell to the basement should be cleaned and maintained on a regular basis. Response to R16: The recommendation has been implemented. General Services will have custodial staff clean periodically and maintain on a regular basis.
F17
Individual homeowners, as distinct from agencies, may have underpaid an additional TOT of approximately $85,000.
Related Recommendations (1)
R17
The basement clutter should be addressed. Response to R17: The recommendation has been implemented. Community Services has cleared the clutter. Limited storage space and extensive storage needs make this an on-going concern. Community Services will research the storage needs of its various programs to determine if records retention is still required and to ascertain if other methods of storage such as microfiche, computer disks, etc. can be utilized. In addition, Community Services will work with General Services Records Management section to remove as many files as possible to central storage areas.
F18
This year the City hired an individual to audit the motels and hotels regarding payment of TOT.
Related Recommendations (1)
R18
The broken pottery kiln transite heat shield should be replaced. Response to R18: The recommendation has not yet been implemented, but will be implemented in the future. Community Services will inspect the heat shield and repair or replace it
F19
In one period, from August 2002 to March 2003, this person found uncollected tax amounting to over $375,000.
No recommendations for this finding
F20
Motels, hotels, vacation homes, and rental agencies are responsible to pay their TOTs owed on an honor system.
No recommendations for this finding
F21
Although the City has stringent methods of dealing with delinquent TOTs, the prevailing method used is to put a lien on the property.
No recommendations for this finding
F22
There are no written guidelines as to the definition of “rent” as expressed in Chapter 28A-3 of the City Code.
No recommendations for this finding
F23
Some agencies and motels pay TOT on all revenue generated by the rental of the room, and others do not.
No recommendations for this finding
F24
On several occasions, this committee requested the El Dorado County Auditor-Controller for assistance to investigate the initial complaint filed. The requests were denied.
No recommendations for this finding

Commendations 154