Contra Costa County Grand Jury Report No. 1001 Compliance and Review Committee Report The Contra Costa County Civil

The Sheriff’s VSP is organized into the following groups: • The Sheriff’s Air Squadron provides air operation support services. The Air Squadron consists of pilots and observers who conduct personnel transportation, aerial cataloging, aerial surveillance, logistical support, and assistance to the Sheriff’s Air Support. The Air Squadron has 8 aircraft, 8 pilots and 7 observers. The pilots bring their privately owned aircraft to the VSP and some also pay for the aviation fuel used. Highlighting the fleet are a 6-passenger twin turbo propeller driven aircraft for long distance transport, and a high performance 5-6 seat helicopter. One volunteer has recently acquired a larger jet aircraft that requires two pilots and it may be added to the Sheriff’s VSP inventory in the near future. Should it be used, its deployment will be limited to major crisis or war. In the calendar year 2007, the Air Squadron members contributed 557 hours of service. The members range in age from 30 to 70 years. • The Sheriff’s Explorer Program is conducted under the auspices of the Boy Scouts of America. The Explorer Program provides members with experience and training in law enforcement. The Explorers participate in public events, provide traffic control, and serve in other ancillary functions. In 2007, the Explorers contributed 5,865 hours of service. The Explorers range in age from 14 to 21 years. • The Sheriff’s Dive Team provides underwater services. Members of the Dive Team are highly trained and certified divers. As requested, the Dive Team activities include body recovery, evidence searches, vehicle recovery and swift water rescue. In 2007, members of the Dive Team contributed 550 hours of service. The Dive Team members range in age from 40 to 70 years. • The Sheriff’s Medical Support Team consists of volunteers with specialized medical training who are prepared to respond during times of emergency or disaster. The Medical Support Team is also trained to deploy in support of the Mobile Field Force and the SWAT team during training or active deployment. This team also provides specialized medical training to the first responders of the Search and Rescue Team. Member retention is difficult for this team due to the monetary loss incurred by medical professionals who contribute time to train with the team. In 2007, members of the Medical Support Team contributed 250 hours of service. The three members of the team range in age from 30 to 50 years. • The Sheriff’s Food Service Unit provides meals to units during extended operations and supports overnight training missions of the other volunteer service units. Events include: SWAT operations, in line-of-duty deaths, search and rescue activations, and other Sheriff’s Department functions. In 2007, the Food Service Unit contributed 550 hours of service. The team members, who range in age from 30 to 60 years, are led by a Volunteer Food Service professional. Plans are in place to expand this unit. • The Sheriff’s Reserve Deputy Program provides support for all divisions within the department. Reserve Deputies operate and supplement the daily operations of the Field Services Unit by providing: transportation services, off-road vehicle support, and crime scene support. They assist in many search and rescue functions, and serve at hundreds of community events throughout the year providing operational support, traffic control and event security. Security for the Contra Costa County Fair is provided solely by the Reserve Deputy Program. In 2007, Reserve Deputy Program personnel contributed more than 22,000 hours of service. Its 65 members range in age from 21 to 75 years. • The Sheriff’s Search and Rescue Team is well known throughout the state for its search and rescue efforts. It is regularly called to assist throughout California, including Yosemite and other high risk situations. In addition to responding to routine missing person calls or lost child calls, the team is in a constant training mode. Currently the team is working toward Mountain Rescue Association accreditation and expects to receive it in early 2009. The team operates its own training academy for new members as well as for those who are preparing for advancement assignments. In 2007, the team contributed over 45,000 hours of service. The program’s 211 members range in age from 14 to 60 years. • The Sheriff’s Amateur Radio Communications Team (also known as ARC) primarily provides communication support to all department operations. Team members provide essential communications for events and operations, and ultimately support the Office of the Sheriff in times of disaster by providing an alternate means of communication when the normal systems are overloaded or destroyed. In addition they also support the Sheriff’s emergency mobile command center. In 2007, the team contributed over 2,000 hours of service. The 22 members of the team range in age from 40 to 60 years. • The Sheriff’s Radio Amateur Civil Emergency Service (also known as RACES) Team provides communications for all of the emergency operations centers within Contra Costa County. Members are all licensed amateur radio operators (also known as HAMS). During times of disaster the team establishes and supplements communication networks. In 2007, they contributed nearly 4,000 hours of service. The team has 124 members ranging in age from 35 to 70 years. • The Sheriff’s Chaplaincy Program provides spiritual guidance and counseling as needed to all members of law enforcement and the community. Chaplains participate in community events, ride along with deputies on patrol, and assist during times of crisis. In 2007, members contributed in excess of 3,500 hours of service. The 35 members of the team range in age from 40 to 70 years. • The Sheriff’s Auxiliary Volunteer Extended Services (SAVES) program provides assistance to all areas of the Office of the Sheriff. SAVES members can be found providing essential services to the Crime Lab, the Coroner, Field Operations Bureau, and Emergency Services Support Unit. In 2007, members contributed over 15,000 hours of service. The team’s 135 members range in age from 18 to 75 years. Response: Agree.

The Superintendent, rather than the Board, controlled the agenda for board meetings and decided what information to give or withhold from the Board. Response: The respondent partially disagrees with the finding. Board members occasionally placed items on the Board agenda. 3. Some Board members did not have a full understanding of their duties regarding their function and financial responsibilities to taxpayers. As a result, they failed to lead and instead, followed the Superintendent’s directives. Response: The respondent agrees with the finding. 4. The District had not paid its correct federal payroll tax obligations for several years. In 2005 the District paid a levy of over $105,000 for payroll taxes, interest, and penalties. The Board did not approve these payments and was unaware of these issues because financial documents given to the Board lacked adequate detail. In 2008 the IRS informed the District that it may owe $833,000 in unpaid payroll taxes, interest, and penalties. This matter remains unresolved as of this writing. Response: The respondent partially disagrees with the finding. The District never failed to pay its federal payroll taxes. 5. ADP, a private corporation which had served as the District’s payroll tax processor, cancelled its contract in November 2006, because the District failed to fund the necessary amounts to provide for payment to the IRS. Contra Costa County 2009-2010 Grand Jury Report No. 1001 Grand Jury reports are posted at http://www.cc-courts.org/grandjury Response: The respondent partially agrees with the finding. ADP did write to the District in November 2006. The District believes that ADP bears partial responsibility for the IRS problems. 6. The Board approved the creation of an in-house attorney position as a cost cutting measure. It directed that the attorney report to the Superintendent. This reporting relationship limited the volume and type of work provided to the Board by the in-house attorney. Response: The respondent agrees with the finding. 7. Between 2002 and 2007, the District paid for work performed by an outside law firm. The law firm worked without a valid contract. This action violated District policy and the Board was unaware of this situation because renewal contracts were not forwarded by the Superintendent. Response: The respondent agrees with the finding. 8. District policy dated 7/16/2002 requires Board approval for all bills over $25,000. The Superintendent frequently violated this policy by not submitting bills in excess of $25,000 to the Board. As one example, he unilaterally authorized payment in 2007 of a disputed bill for almost $110,000 to an outside legal firm. Response: The respondent agrees with the finding. 9. The Superintendent withheld critical financial information from the Board. Response: The respondent agrees with the finding. 10. The Superintendent inhibited the free exchange of information between various departments within the District. These actions undermined employee morale and, in some cases, led them to not report for work or to resign. Response: Respondent partially disagrees with the finding. Respondent cannot speculate as to the mental processes of employees, and on that basis cannot completely agree with the finding.

The 500 volunteers are supervised by two county employees. Response: Agree.

All volunteers are extensively screened. This process includes a Department of Justice background check, a DMV report, and fingerprinting. Reserve Deputy Sheriffs must undergo the same physical, psychological and academic testing as regular Police Officers. Response: Agree.

All volunteers are trained for emergency responses in their respective programs. The Search and Rescue Team members, for example, must successfully complete training on the Search and Rescue Mutual Aid-Ground Searcher Guidelines before they can be certified to become eligible to participate in search and rescue missions. Response: Agree. 6. The Search and Rescue Team members pay for some of their own rescue gear, which can be costly. It is not unusual for team members to incur costs of $1000 to $2000 during their first year. Response: Agree.

The county provides the first uniform for volunteers and also pays an annual uniform allowance of $150 - if there is adequate money in the budget. Response: Agree.

The Reserve Deputy Program members provide services for events not normally budgeted by the County Sheriff’s Department. They are not paid for these services. Response: Agree.

Most volunteers maintain their volunteer status and do not apply to become a sworn Deputy Sheriff. Response: Agree.

The longest tenured volunteer has 35 years of dedicated service and pictured below is the oldest volunteer in the program, a retired deputy sheriff sergeant who is 75 years old. Response: Agree.