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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.
Merced County Grand Jury
• 2012-2013
At the inspection sites, inspectors are not required to wear gloves or hairnets. Inspectors
⚠️ Translation Notice: This content has been automatically translated. The original English text is the official version. Translation may contain errors.
⚠️ Este contenido ha sido traducido automáticamente. El texto original en inglés es la versión oficial. La traducción puede contener errores.
Findings 15 findings
F1
Page 58
In the last two years only complaint-based inspections are completed in Firebaugh, Los Banos, Volta and part of Santa Nella.
F2
Page 58
Those facilities observed by the 2012-2013 Merced County Civil Grand Jury from December 5, 2012 to March 5, 2013 which received “unsatisfactory” ratings had not been re-inspected within the thirty days as required by law.
F3
Page 58
As of July 1, 2012 DEH was down one EHS and as of January 8, 2013 they were down two EHS. There has not been any EHS recruitment since 2008.
F4
Page 58
DEH posted a job listing on November 29, 2012 to hire an EHT. An EHT was hired April 8, 2013.
F5
Page 58
EHS are required to do other duties beyond inspections, including “volunteering” their work time to do clerical work and aid the DPH as a whole for special events. The inspectors spend an average of 30% of their time on food inspections. Inspectors stated that they were behind on their inspections by an average of 40%.
F6
Page 58
Inspectors are overwhelmed by the workload and morale is low.
F7
Page 58
Inspectors are required to do front desk duty three or four days per month due to lack of clerical staff.
F8
Page 58
The hospital the Civil Grand Jury observed on March 5, 2013 had an unsatisfactory rating and was last inspected June 13, 2011. As of April 27, 2013 DEH had not re- inspected the facility. 50
F9
Page 59
The facilities the Civil Grand Jury visited (with the exception of one) had current operating health permits, but the majority didn’t have a current inspection report. Therefore, they are not receiving the services that are tied to the annual permit fee.
F10
Page 59
Laptops are available to all EHS. Not all inspectors use the assigned laptop to write reports in the field. This results in duplication of work to get it from hand-written form to laptop when they return to the office. Training on the laptop is available online but is not required by the SEHS.
F11
Page 59
DEH does not use an on-site posted rating system to inform consumers of business inspection status.
F12
Page 59
The 2010-2011 San Luis Obispo County Civil Grand Jury17 observed three restaurant inspections in their county with no negative impact on the county or the restaurants they observed.
F13
Page 60
The Envision Connect System by Decade Software Company doesn’t interface well with the County system. The script for the reports used to trigger upload of food inspection report data to the internet is ineffective.
F14
Page 60
One EHS III spends 50% of the work day addressing computer problems.
F15
Page 60
If a facility hasn’t been inspected within two years it falls off the website.
Recommendations 10
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R1Page 69The 2012-2013 Merced County Civil Grand Jury recommends placement of door tags. These should be multilingual. This is the cheapest and most effective way. It has been done in other jurisdictions with diverse cultures. The 2012-2013 Merced County Civil Grand Jury recommends using public service announcements, town hall meetings, and Municipal Advisory Councils to further disseminate information.
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R2Page 69The 2012-2013 Merced County Civil Grand Jury recommends an accrual account dedicated to buying heavy equipment when it needs to be replaced.
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R3Page 69The 2012-2013 Merced County Civil Grand Jury recommends that MCRWMA participate in the U.S. Environmental Protection Agency’s LMOP, a voluntary assistance program that helps to reduce methane emissions from landfills by encouraging the recovery and beneficial use of landfill gas (LFG) as an energy resource. According to their website: (http://www.epa.gov/lmop/ ) “by joining LMOP, companies, state agencies, organizations, landfills, and communities gain access to a vast network of industry experts and practitioners, as well as to various technical and marketing resources that can 61 help with LFG energy project development.” Grants to fund the start up cost of a methane conversion project should be explored.
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R4Page 70The 2012-2013 Merced County Civil Grand Jury recommends a monthly-designated area for haulers to pick up recyclables.
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R8Page 59The 2012-2013 Merced County Civil Grand Jury recommends hospitals should be given priority for inspections.
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R9Page 59The 2012-2013 Merced County Civil Grand Jury recommends the yearly permit list should be cross-referenced with the inspection database quarterly to determine the most recent date of inspection. Those facilities that have lapsed should take priority. This would act as a check and balance so the facilities would receive yearly inspections and remain on the website.
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R10Page 59The 2012-2013 Merced County Civil Grand Jury recommends inspectors be required to complete training and use the laptop for all inspections.
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R11Page 59The 2012-2013 Merced County Civil Grand Jury recommends DEH implement an on-site posted placard rating system. The inspector could carry the appropriate rating placard for placement at time of inspection. This would allow the public to have immediate access to the facility’s inspection status and be readily visible. In the future the DEH should look into a Quick Response (QR) code reader to allow consumers the ability to use modern technology to access this information.
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R12Page 59The 2012-2013 Merced County Civil Grand Jury recommends the DPH consider a more transparent approach to any future Merced County Civil Grand Jury’s request to observe a food inspector conducting a food facility inspection. 17 2010-2011 San Luis Obispo County Civil Grand Jury Report 51
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R15Page 60The 2012-2013 Merced County Civil Grand Jury recommends reprograming the software so reports remain on the website beyond two years. COMMENDATION The Merced County online food inspection reports are more user friendly than five of the surrounding counties that offer online reports. Merced County is the only one that lists a rating program based on points for violations at food facilities.
Commendations 3
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CM1 Page 60The Merced County online food inspection reports are more user friendly than five of the surrounding counties that offer online reports. Merced County is the only one that lists a rating program based on points for violations at food facilities.
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CM2 Page 94The 2012-2013 Merced County Civil Grand Jury commends the Los Banos Police Department for ensuring the overall operation of the facility is in full compliance with all Federal, State and local mandates. DISCLAIMER Grand Jury reports are based on documentary evidence and the testimony of sworn or admonished witnesses, not on conjecture or opinion. However, the Grand Jury is precluded by law from disclosing such evidence except upon the specific approval of the Presiding Judge of the Superior Court, or another judge appointed by the Presiding Judge (Penal Code Sections 911, 924.1(a) and 929). Similarly, the Grand Jury is precluded by law from disclosing the identity of witnesses except upon an order of the court for narrowly defined purposes (Penal Code Sections 924.2 and 929). 86
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CM3 Page 96DISPOSITION OF COMPLAINTS COMPLAINT#12-04-01 MERCED COUNTY SHERIFF’S DEPARTMENT The 2012-2013 Merced County Civil Grand Jury received a complaint to investigate the Merced County Sheriff’s Department. After initial review and preliminary investigation of the complaint the Grand Jury declined to take further action. COMPLAINT #12-04-02 MERCED COUNTY SHERIFF’S DEPARTMENT The 2012-2013 Merced County Civil Grand Jury received a complaint to investigate the Merced County Sheriff’s Department. The Grand Jury does not take action on matters pending before the Court. Therefore, no action was taken in this matter. COMPLAINT #12-04-03 CITY OF MERCED POLICE DEPARTMENT The 2012-2013 Merced County Civil Grand Jury received a complaint to investigate the City of Merced Police Department. After an initial review and preliminary investigation the Grand Jury declined to take further action. COMPLAINT #12-04-04 MERCED COUNTY SHERIFF’S DEPARTMENT, CHANNEL 30 NEWS, MERCED SUN STAR The 2012-2013 Merced County Civil Grand Jury received a complaint to investigate the Merced County Sheriff’s Department. The Grand Jury does not take action on matters pending before the Court. The Grand Jury also does not have jurisdiction to investigate Channel 30 News or the Merced Sun Star. Therefore, no action was taken in this matter. 88
Observations 1
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OB1 Page 76During the investigation, the Civil Grand Jury reviewed nine months of approved and denied CCW applications at the Sheriff’s office. There were eighty-one applications from July 16, 2012 to April 16, 2013. INTERVIEWS The Civil Grand Jury interviewed the Merced County Sheriff, asked CCW application process questions to Sheriff personnel and interviewed an applicant who was denied a CCW permit.
No Responses Found 1
Government entities assigned to respond to this report. No response documents have been linked in our database.
Merced County
County