Hall of Justice Superior Court of California*

Recommendations 10

• R1
  - Morale- The Grand Jury recommends that all Supervisors and the CPO receive advanced training in supervision and the treatment of employees. There are many good people working within the Probation Department, however ineffective supervision and management needs to be addressed. Response: The recommendation will be implemented during fiscal year 2012-13.
• R2
  - Phone Policy - The Probation Department should complete a review of all county cell phones in use for compliance with the Lassen County phone use policy with appropriate action taken if needed. It is also recommended that a review be done on the current cell phone plan utilized to determine if there are alternative plans available which would be a better value to the taxpayer. Response: The recommendation will be implemented during fiscal year 2012-13.
• R3
  OVERSIGHT AND SUPERVISION OF THE CPO AND THE PROBATION DEPARTMENT. The recommendation has been implemented as follows: On March 13, 2012 the undersigned convened a meeting with Judge Verderosa, Sheriff Dean Growdon, Acting Chief Probation Officer, Jeff Atkinson, County Counsel Rick Crabtree, in-coming County Counsel Rhetta Vander Ploeg and CAO Martin Nichols. Rick Crabtree had previously met with the undersigned on March 5 when he was both Acting County Administrative Officer and County Counsel at which time he informed me that Ms. Kris Simpson, private investigator, had been commissioned by the County to investigate charges of mismanagement and misconduct which had been asserted against Chief Probation Officer Letha Martin. At this March 5 meeting Mr. Crabtree acknowledged that the Administrative Office of the Courts had taken the position in 2009 that because CPOs are County employees the County is responsible for monitoring their performance and for investigating any allegations of misconduct. In a letter dated Lassen County Grand Jury April 13, 2012 Wednesday, February 4, 2009, Ms. Patty Williams of the AOC stated "Indeed, because the Court has the responsibility for removing CPOs for good cause shown we think it is appropriate for the County to investigate any complaints or allegations of misconduct in order to maintain the Court's neutrality." Mr. Crabtree informed the undersigned that the County was in agreement with the assessment of the AOC and that was the reason for the commissioning of Ms. Kris Simpson to investigate. At the present time the Court is awaiting the report from Ms. Simpson, which is expected very soon (meaning within days). The General Counsel Office of the AOC concluded in 2009 that once the presiding judge has appointed a CPO that person is a County employee subject to County policies and procedures. The Court, as appointing power, should be presented with the result and recommendation from the investigation of the County. Thus the Court maintains its neutral decision making role in overseeing any further action. All of the County personnel present at our March 13, 2012 meeting, enumerated above, were in agreement with the assessment of the General Counsel of the Administrative Office of the Courts.
• R4
  - Employees Allowed to Perform Work While Medically Excused from Work -- A review of the Department should be conducted in regard to County Policy in this matter to determine if it is wide spread, with appropriate action taken as needed. Response: The recommendation will be implemented during fiscal year 2012-13.
• R5
  - Policies and Procedures - For the protection of Lassen County in today's litigious society and to give staff a place to review procedural issues, it is imperative to establish and distribute a working Policy/Procedures Manual. It is recommended that the Lexipol program be utilized to its full extent and make written policies readily available to all Probation staff. To be in compliance with the Penal Code, a written policy/procedure must be established on Citizen Complaints. For the protection of staff, the public and Lassen County, a written "Use of Force" policy must be established. Response: The recommendation will be implemented during fiscal year 2012-13.
• R6
  - Safety Equipment - An in-depth review be conducted on the operational status of all safety equipment and any necessary action be taken. Documented safety equipment training needs to be completed by all staff. It is recommended that training records be initiated and maintained on all employees documenting all equipment and training received. Response: The recommendation will be implemented during fiscal year 2012-13,
• R7
  - Firearm Policy - It is recommended that the Probation Department complete a review of their policy regarding arming Probation Officers. It is also recommended a review be completed regarding the possibility of entering into an agreement with other law enforcement agencies in Lassen County to provide training and certification of staff to carry firearms in accordance with the California Penal Code Section 830.5-Arming Deputy Probation Officers. Response: The recommendation will be implemented during fiscal year 2012-13.
• R8
  - Use of Personal Vehicles for Work - It is recommended that documented training be given to all Probation employees on the County Policy for the use of personal vehicles in the work place. It is also recommended that a written departmental policy be developed for on-call employee vehicle use after normal duty hours. Response: The recommendation will be implemented during fiscal year 2012-13.
• R9
  - Staff Meetings - It is recommended that regular staff meetings be hard scheduled to provide ongoing training and the dissemination of information. Response: The recommendation will be implemented during fiscal year 2012-13.
• R10
  CPO - IMMEDIATE INQUIRY INTO THE PERFORMANCE OF THE CPO As stated above there is an ongoing inquiry into the performance of the CPO undertaken by the County Counsel and is being conducted with a cooperative effort between the undersigned, County Counsel and County Administrative Officer regarding work performance, allegations of misconduct, potential abuse of County cell phones and other areas of concern to the County and Court. Once the investigation is completed the County and the Court will cooperate in effecting appropriate action. In summary, your recommendations to the Court have been implemented as above set forth. Lassen County Grand Jury April 13, 2012 Rest assured that the findings and recommendations emanating from your investigation of the Lassen County Probation Department are greatly appreciated by the Lassen Superior Court. Sincerely, F. Donald Sokol FDS:nh County of Lassen ADMINISTRATIVE SERVICES ROBERT F. PYLE District 1 JIM CHAPMAN District 2 Martin J. Nichols LARRY WOSICK County Administrative Officer District 3 email: [email protected] BRIAN D. DAHLE District 4 Julie Morgan JACK HANSON Assistant to the CAO District 5 email: [email protected] Regina Schaap Administrative Assistant email: [email protected] County Administration Office 221 S. Roop Street, Suite 4 Susanville, CA 96130 June 7, 2012 Phone: 530-251-8333 Fax: 530-251-2663 F. Donald Sokol Presiding Judge Lassen County Superior Court Hall of Justice 2610 Riverside Drive Susanville, CA 96130 Response to the 2011-12 Grand Jury Report on the Lassen County Re: Probation Department Dear Judge Sokol: Pursuant to Penal Code Section 933.05, the response of the Lassen County Administrative officer follows: Response to Grand Jury Finding: I agree with the findings of the Grand Jury. Response to Grand Jury Recommendation: