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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.

Yolo County Grand Jury • 2003-2004

Davis Branch Library

Published: June 30, 2004 19 pages
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Note: Missing finding numbers detected: F3, F4, F15, F16, F18, F20, F29, F30, F31, F32, F33, F35, F36, F37, F38, F39, F43

Findings 42 findings

F1
A Conflict of Interest form is required by state law. in January 2004 with the General Manager and the Board of
F2
All appraisers sign a Conflict of Interest Statement. Directors. Conflict of Interest Statements are filed in the Recorder's The Board of Directors serves as the governing body for Office. the Yolo County Flood Control & Water Conservation District Appraisers' work is not recorded in an hourly format. (YCFC&WCD). The Board is a voluntary body, appointed
F5
The present procedure for tracking work will not identify by the Board of Supervisors. Each Board member serves a problems should appraisers engage in conflict of interest four year term. The Board of Directors oversees its own activity. budget, setting water rates, hiring management, determining salary rates and other expenses. The Board works closely
F6
There exists a hierarchy of supervision beginning from policy for all employees. supervisors to upper management to the Board of Direc- The District has an in-house safety officer and plans to tors. update the safety plan. Safety meetings are held periodically
F7
Promotions have been given to employees with experi- and the Joint Powers Insurance Authority (JPIA) provides a ence and/or expertise and the Grand Jury did not find a newsletter for all employees, which contains safety infor- lack of fairness in job promotions or salary. mation. Employee injuries are reported to supervisors or to
F8
Training is available and sometimes required. the office.
F9
Improvement of morale is being addressed through The District has implemented a training program that management practices and review of policies. allows reimbursement for education and/or training that is
F10
The Ditchtender's Handbook governs water regulation job related. Job opportunities are posted both internally and and the computer system records water usage. externally. The District plans to implement an education
F11
The District Board of Directors selected a new General requirement for entry level employment. The District is Manager who has both skill and demonstrated success in auditing job positions to insure better uniformity and improve supervision and team building. accountability. By formalizing the employment process, the
F12
None of the allegations involving "fudging of numbers," District seeks to make the process for employment and abuse of overtime, abuse of sick leave, or safety issues promotion more fair. The four supervisors, the Assistant was substantiated. Manager and General Manager are qualified for management by seniority, experience, training or education. Salary differ-
F13
The Housing Authority and its Executive Director have sioners. been the subjects of repeated Grand Jury reviews and/ or investigations over the past five years. (INVESTIGATIONS: Yolo County Housing Authority-
F14
The nature and scope of the complaints have varied little continued on next page) 7 2003-2004 YOLO COUNTY GRAND JURY FINAL REPORT Board of Supervisors meetings: 2003-2004 D. That the Board recommend the Housing Authority Board of Supervisor meetings: minutes: 2003- 2004 Commission and Executive Director provide an annu- al report and presentation to the Board of Supervisors. Yolo County Office of E. That the Board consider an annual joint meeting between the Housing Authority Commission and the Education Yolo County Board of Supervisors. REASON FOR REVIEW
F17
YCOE Board and Superintendent did not perform a due regular school district, has very limited power in these diligence investigation when YCOE joined CASA. matters. This same position was taken by the Super- The YCOE Board and the Superintendent relied en- intendent and the Deputy Superintendent. The Grand Jury tirely on the CASA presentation without independent due notes that the Board's approval was required to authorize diligence. On June 5, 2000 a Special Meeting of the the YCOE's participation in CASA, and was necessary YCOE Board was held where the Chief Business Officer for the formation of CASA. Once a JPA is formed, the from SCUSD gave a presentation on the CASA proposal. Grand Jury believes there is a corresponding and continu- At the next regular meeting on June 22, 2000, the YCOE ing duty to periodically review the contractual benefits Board approved CASA with little or no discussion. The and obligations of the JPA. That a JPA such as CASA Superintendent stated that YCOE simply followed could be legally formed under the auspices of a govern- SCUSD footsteps as they are a larger school district with mental agency and then pass out of public oversight and more resources and at that time enjoyed a highly favor- control is disturbing. able public opinion. This is especially troubling to the
F19
Delegated responsibility is concentrated in the YCOE Grand Jury as the opinions relied upon were rendered Deputy Superintendent resulting in a conflict of interest. by a group listed in documentation as "CASA's Profes- The YCOE Superintendent delegated all responsibility sional Team" that had a financial interest in the formation regarding CASA to the Deputy Superintendent, who was of CASA. one of four founding members of CASA that received a CASA employees contracted to YCOE are covered ten-years' "spiked" service credit as part of retirement under YCOE workers' compensation insurance and health benefits not available to any other CASA participant. The care policies and CASA reimburses YCOE for its share decision to move forward on participation in CASA was of premium costs for CASA employees. The insurance premium reimbursement structure should have triggered questions as to whether these 14 staff members were (INVESTIGATIONS: Yolo County Office of Education- continued on next page) really YCOE employees in substance and CASA employ- 9 4 2003-2004 YOLO COUNTY GRAND JURY FINAL REPORT delegated the responsibility to the Deputy Superintendent. based on the recommendation of the Deputy Superin- The Grand Jury was surprised when the second represen- tendent. tative, selected by the Deputy Superintendent, in defense The Deputy Superintendent is the person with the most of CASA at the Special Meeting of the SCUSD Board beneficial CASA package yet also serves as the Chief of Education on December 16, 2003 stated that, "We Business Officer of the YCOE and in that capacity, is in have an obligation when I sit on the CASA Board as a charge of approving payments for CASA employees. representative of the Yolo County Office; I have an Most recently the Deputy Superintendent was appointed obligation not to protect the interests of the Yolo County temporary YCOE designated representative to CASA Office, although that's the temptation, the law is very following the resignation of the previous representative. clear that my obligation is to protect the interests of the Multiple hats worn by the same person creates inherent people that are retired." The YCOE Board and the conflicts of interests that should not be dismissed. Superintendent should have required its CASA repre- The YCOE lacks fiscal procedures and safeguards. sentative to protect YCOE's interests as a condition to The YCOE Board and the Superintendent approved appointment to the position. YCOE's participation in CASA based on representations During an interview in February 2004, the Deputy that CASA's structure was acceptable to CalPERS and Superintendent explained her responsibilities as the tem- the SSA, and that participation would be cost neutral, porary designated representative, and concurred with the yet the Grand Jury found no records of any periodic prior representative, stating that although YCOE has a review of program performance. representative on the CASA board, once you agree to In their written response to the Grand Jury inquiry become a CASA board member you are "required to regarding YCOE operational procedures and internal represent the participants of the CASA plan and what is controls for the payment of invoices, the YCOE stated in their best interest," basing this priority duty to CASA that there are no current written desk procedures govern- to a legal opinion from a CASA pension attorney. The ing the payment of accounts payable. The Deputy Super- Deputy Superintendent acknowledges that there may be intendent further explained that YCOE is currently in times when the interests of CASA and its participants, the process of developing an accounts payable manual. and the interests of YCOE may be in conflict. It does The MGT report stated that YCOE paid $121,000 in not appear to the Grand Jury that anyone is watching "indirect charges." The Deputy Superintendent explained out for YCOE's interests. that these funds were incorrectly booked as "indirect YCOE's participation in the CASA JPA caused govern- charges" rather than a cash advance to pre-pay up to mental functions normally subject to public scrutiny and three months of payroll costs, and that those funds have accountability to be hidden. CASA and its management since been returned to YCOE. These cash advances do not answer to the public and the former YCOE benefitted CASA by giving it funds to use for its general designated representative stated that the duty of the operations. The Grand Jury believes the prepayment of designated representative is given to CASA, not YCOE. payroll is an unsound business practice and constitutes
F21
The YCOE designated representative on the CASA Board unable to convene a quorum to consider CASA related did not represent YCOE interests. issues. As of March 2004, the YCOE had not engaged The CASA Bylaws provides that YCOE has the right independent counsel. According to an April 6, 2004 to designate one of the three CASA Board members, article in the Woodland Daily Democrat the Superin- referred to as "designated representatives." SCUSD had tendent engaged a pension litigation attorney to begin the right to designate the other two. The YCOE Superin- dismantling the pension plan. The consequences of these tendent admits never having met the first YCOE designated delays are yet to be determined. representative and only met the second representative As late as February 2004, YCOE had not determined after he resigned. As noted previously, the Deputy Super- how much YCOE potentially owed to CalPERS and SSA. intendent is temporarily filling the position of the YCOE MGT had calculated that SCUSD might be liable for designated representative. approximately $6.4 million. Based on its 14 to 101 ratio There is no written job description, minimum qualifica- of participants, the Superintendent guessed that the tions, duties or responsibilities prescribed or required by YCOE to serve as the designated representative. In fact, the Superintendent considered the selection and appoint- (INVESTIGATIONS: Yolo County Office of Education- ment of the designated representative as ministerial and continued on next page) 10 2003-2004 YOLO COUNTY GRAND JURY FINAL REPORT RES PONDENTS YCOE's potential liability would be about 1/12th, making YCOE's potential amount to be over $500,000. Yolo County Board of Supervisors: Recommendation 04- 07 YCOE Board:
F22
YCOE Board and Superintendent delayed taking neces- a breach of fiduciary duty because it denied YCOE the sary actions when the press revealed problems with opportunity to generate interest income for YCOE's CASA. benefit. As late as December 30, 2003, the YCOE Board was
F23
The facility was clean and the animals were well cared area, which provides the animal with shelter, food, water for. and blankets. Upon arrival animals are bathed, vaccinated,
F24
The staff demonstrates concern for the well being of all treated for worms and/or fleas, and provided with veterinary the animals and exhausts all possible avenues to ensure care if necessary. If Animals Services has difficulty finding animals are placed in the appropriate home or work a home for an animal, staff will consider other alternatives environment to avoid euthanasia. such as service training e.g. law enforcement canine, guide
F25
Overpopulation, limited space and inadequate funding dogs, etc. In addition, rescue societies and foster homes are prove to be an on-going problem for Animal Services. contacted to help alleviate overcrowding. The shelter has separate and distinct areas to accom-
F26
The office currently has a staff of 10 employees con- sisting of four investigators, four interns, one supervisor REASON FOR REVIEW and one clerical support. Two staff members are certified: one, a Registered Diplomat and one, a Board Certified As part of our duty as Grand Jurors, a review of the Fellow with the American Board of Medicolegal Death following local city fire departments and rural fire protection Investigators. The four interns rotate shifts so that only districts was conducted: Capay Fire Protection District, one intern is working each day. The duration of the Clarksburg Fire Protection District, Davis City Fire Depart- student internships is one year; however, the office has ment, Dunnigan Fire Protection District, Elkhorn Fire Pro- the option of offering an invitation for qualified interns tection District, Esparto Fire Protection District, Knights to extend their tenure to two years. Landing Fire Protection District, Madison Fire Protection
F27
Although staffing levels have remained fixed and work- District, No-Mans Land Fire Protection District, West Plain- load has steadily increased, the turnover rate is very low. field Fire Protection District, West Sacramento City Fire Vacancies are infrequent and the hiring process for both Department, Willow Oak Fire Protection District, Winters staff and interns is very competitive. The most recent Fire Protection District, Woodland City Fire Department, Yolo opening yielded approximately 180 applications. Fire Protection District and Zamora Fire Protection District.
F28
All investigators are peace officers and receive training in PC 832 (Arrests, Search & Seizure and Firearms),
F34
All but three fire districts are comprised of volunteer (REVIEWS- firefighters. continued on next page) . 14 2003-2004 YOLO COUNTY GRAND JURY FINAL REPORT that work 12 hour shifts. Yolo County Jails
F40
At the time of the Grand Jury's visit there were 135 (REVIEWS: Yolo County Juvenile Hall- employees at the jail and 82 are correctional officers continued on next page) 15 2003-2004 YOLO COUNTY GRAND JURY FINAL REPORT has the responsibility for the project. County for minors who are charged with violation of the C. The new Juvenile Hall will be constructed in Wood- law or who have violated conditions of probation. land at the corner of County Road 102 and Gibson Members of the Grand Jury toured Yolo County Juvenile Hall on November 11, 2003. The tour was conducted by a Road. D. The cost is estimated to be $12.6 million of which, supervising detention officer who readily responded to all $7.5 million is funded by a grant from the Board of inquiries concerning current policies and procedures, and Corrections. The remainder will be funded through provided requested copies of forms currently in use (including the Development Impact Fees. Parental Authorization, Intake Health Screening, and a recent- E. Lionakis Beaumont Design Group is the architect. ly revised Rules Infraction Sheet). The tour included all F. The general contractor is Broward & Sons. sections of Juvenile Hall with particular attention paid to G. A public ground breaking ceremony was held on intake procedures, court appearances, and the practices March 16, 2004. relative to housing, health care, nutrition, sanitation, educa- H. The anticipated completion and date of occupancy is tion and recreational activities. On-duty staff members and July 2005. nursing personnel were observed and interviewed. Educa- tional and health care issues were discussed. Three juveniles
F41
At the time of interviews Yolo County Board of Super- visors had imposed a hiring freeze due to budget limita- REASON FOR REVIEW tions. The result was overtime that in some cases was California Penal Code 919(b) mandates that each year mandatory. In some cases if no correctional officers are members of the Grand Jury will investigate the conditions available deputies from the Sheriff's department are and management of public detention facilities and report on called to fill in. A deputy sheriff is paid approximately its findings. This annual review was conducted to comply with 20% more to do the work of a correctional officer. the mandate.
F42
As a result of Finding #41, morale has been a problem at times.
F44
The supervisors and observed staff seemed very knowl- edgeable, capable, attentive, and caring despite the som- RESPONDENTS ber tone and strict discipline imposed on the residents. Yolo County Juvenile Hall Superintendent:
F45
The members of the Grand Jury were impressed with Finding 46, 47, 48; the demonstrated professionalism.
F46
The facility is old and not well designed for its current Chief Probation Officer: needs; however, it was very clean and efforts to keep it
F47
The facility is overcrowded, with occupancy regularly Division: exceeding 40. A classroom is converted to a futon-
F48
Other than concerns about overcrowding, the Board of Finding 46, 49; Corrections' September inspection found the facility in
F49
Acknowledgedly needed since the late 1990's a new,
F50
The city police departments are dedicated law enforce- Davis Chief of Police: ment agencies. Finding 52, 53, 54, 55, 58, 59
F51
City police department personnel who were interviewed West Sacramento Chief of Police: were cooperative, eager to discuss their jobs and responsi- Finding 52, 53, 54, 55, 58, 59 bilities and appeared to have a high level of morale. Winters Chief of Police:
F52
The use of Court Liaison Officers saves money by limiting Finding 52, 53, 55, 57, 58, 59 the amount of overtime required of officers to appear in Woodland Chief of Police: court. Finding 52, 53, 55, 57, 58, 59
F53
After booking, suspects are transported to the Yolo County Jail.
F54
With the exception of the Winters and Woodland Police Departments there still appears to be concern over the time and cost of transporting suspects from the city jail to the county jail.
F55
It appears that the method of transporting of suspects to the county jail still needs to be improved because taking an officer off the streets to transport a suspect reduces the effectiveness of that agency during that time period.
F56
Though the 2002-03 Grand Jury made a recommendation that a study be made about a shuttle service to transport suspects to the county jail, no written report or study has been produced.
F57
If the suspect requires emergency medical care he/she is brought to Woodland Memorial Hospital, Sutter Davis Hospital or in the case of West Sacramento, to the UCD Medical Center in Sacramento.
F58
Officers accompanying suspects to the hospital emer- 18 i 2003-2004 YOLO COUNTY GRAND JURY FINAL REPORT
F59
There are few complaints about response time to emer- Woodland Police Department pays approximately $160,000 gency calls. in booking fees per year to Yolo County. The State of California reimburses cities for all booking fees paid to the

Recommendations 54