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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.
⚠️ 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.
Note: Missing finding numbers detected: F19, F20, F21, F22, F23, F24, F25, F26, F27, F28, F29
Findings 19 findings
F1
"The Sierra Colle{e Foundation could legally operate as an intermediary or$anization fundin$the bond measures as defined in the FPPC lnformation Manual D, as advised by Gilbert & Associates, Govern ment Financial Strategfies, lnc., Dr. Larry Toy (President/CEO Foundation for California Community Colleges) and without objection for the College Dlstrict's Legal counsel, Marion Cantor." We agree with Finding 1. (Continued on next page...) 5ooo Rocklin Road I Rocklin ce 95677 | (grO) 78r-o54o m lyn n @sierracollege.edu I fax (9r6) 789-2855 The Honorable Frances Kearney Presiding Judge of the Superior Court CounV of Placer May 5,2006 Page -2- Responses to Findings (Continued)
F2
Reviewed the 2005/06 Placer County Budget.
F3
(Continued) The Foundation was consistently open about the donors, posting the names of donors on its website. As soon as questions were raised concerning the committee's non-disclosure, the Foundation again provided all donor information to those requesting it and re-sent the information to the committees for the purpose of ensuring that a full and complete list was available for public disclosure. The College Administration and the Foundation believe that the committees involved and their volunteer treasurers were not fully aware of the requi.rements of campaign reporting disclosure. The College Administration and the Foundation believe that the characterizattonor use of the term "money laundering" is undeserved. Government Code S 84301 requires the disclosure of the true source of a campaign contribution and the intermediary. In this case, the inadvertent non, disclosure by the committees involved was not "money laundering." We agree with Finding 3c.
F4
The FPPC filing, errors were relatively minor and easity coruectable. The Committees promptly made amended filingsto correctly disclose donor names when the errors were found. We agree with Finding 4. RESPONSES TO RECOMMENDATIONS
F5
Reviewed the published reports prepared by the independent auditors subsequent to their audits. 6
F6
Can check out car from City carpool
F7
has no legally required respondent, but the Grand Jury hopes that the press and the public will take note of it. This page intentionally left blank. APPENDIX 1: THE COMPLAINT A,tnox I(IEIN Siera College Trustee - l i i : . i I December 20,2004 Mr. Jirn McCauley Placet County Clerk/Recorder PO Box 5278 Aubutn, Cabfornta 9 560 4 Dear Jrm, i ' : r i ' i i ; , r i . r , . i _ , t - . t - , t l i-l i r1.i' l'i r t,; Thrs letter constitutes an official complaint tegardrng what appears to be over $100,000 in potential violations of campaign finance law on the pat of the Ptesident and Superintendent of the Sierra Joint Community College District, I{evin Ramirez. The televant facts ate ^s follows. I(evin Ramirez is the President and Supenntendent of the Sierra Joint Community College District. As President, he has supervision and management control over the college and its related entities. Ramirez is the one rndividual who has contact with the college vendors who made the donations in question, who serves as a member of the Sierra College Foundauon Board of Ditectors, who supervises the Sierra College Foundation Executive Director and who is ultimately tesponsible fot all management decisions made by the Foundation. As a result, I(evin Ramirez is at the centef of these allegations, and either conceived of and authorized this scheme, or should have known and reported it to the Board of Trustees and the appropriate authorities rmmedrately In March of 2004, a bond election was held withrn the counties of Placer, Nevada, Sactamento and El Dorado for the purpose of determining whether the Sierra Joint Community College District should be authorized to float $394 mrllion in bonds for the tenovation, repair and expansion of Sierra College facilities. This measule was placed on the ballot as Measure E. Campaign frnance reports filed by the committee show a $60,000 contribution from the Sierra College Foundation, which is a nonprofit foundation organized and operated fot the purpose of supporung Sierra Community College. As the attached evidence shows, donors were solicited to support the Measure E bond electton through a donation to the Sierra College Foundation, and the Foundation tllen eatmarked those funds and contributed them to the bond measure political comrnittee at a later date. Tlus money laundering scheme allowed the administration to hide the true identities of donors to the bond campaign's politrcal committee. The funds received from these solicitations were deposited in accounts operated by the Foundation. There were no frhngs with the appropriate authoritres in Placer Counf/, Nevada County, El Dorado County, Sacramento County or the Secretary of State to disclose these donations or report the balances of these accounts, as required by the Political Refotm Act and its implementrng tegulauons. 4055 GMSS VALLEY HrcHwAy, SUrTE 104 AUBURN, CaltFonNn 95602 530-346-8175 rax 530-886-0710 Not prepared or nailed at taxpaJer exPewe 't. 2. -). 4. 5. t. There was no consultation with or approval by the Board of Ttustees in regards to this scheme (although two trustees did serve on the Foundation board at the time, and continue to sewe). These funds were earmarked in a "special fund" for the Measure E bond campaign that was aggregated and then donated to the Measure E political committee shortly before the funds were needed for theu expenditure. The Foundatron neither added to or subttacted from these funds: the Foundauon was srmply used as a "pass-through" to funnel the dollars to the politrcal committee. Thus, the true donors to the Yes on Measure E committee wete never properly drsclosed to the public as tequired by the Political Reform Act and its implementing regulations. By makrng donad.ons to the foundation instead of the committee, theit identities wete never drsclosed because only the name of the Siera College Foundation appears on the campaign finance repofts relating to this $60,000 contribution. I want to emphasize that I do not believe that the donors themselves played any role in the conception or execution of thrs scheme. In fact, many of. the donors turned out to be indrviduals or companies whose only interest was the broad betterment of the community. Howevet, a number of the donots did rnclude enhties with a financial interest in the outcome of the election, including several ftms who have ongoing conftactual relationships with the college in the areas of construction, architectutal sewices, food service/vending and finance. These ftms would stand to gteady increase their business with the college upon passage of the measures. Further, the Board of Trustees relies on Ptesident I(evin Ramrrez to recommend which hrms the college should grant contracts to, giving these fums an additional reason to provide the financial support to the bond measures as requested by him or his designee. Whether the donor had a financial interest or not, President Ramirez or his subordinate was clearly wrong to conceive of and execute a scheme that deprived the public of the dght to know who was mfluencrng the potential passage of the measure prior to the election. 13. There is some case to be made that the Foundation, a 501(h) otgatizztton, can legally make contributions to ballot measure committees, without losrng its tax exempt status. However, this does flot exempt the Foundation ftom the provisions of the Political Reform Act and its rmplementing regulations, forbidding it to accept poliucal donations without the proper filing disclosures. 14. The SieraJornt Community Coliege District funds the entire salary of the President Ramirez, and partially funds the salary of the Foundation Executive Djrector. Therefore, if President Ramrez spent taxpayer-funded time conceiving of, authorizing or parucipatirg ir this scheme, or if he instructed the Executive Director to c^try out this scheme, those activities would constitute a felony or misdemeanor under Education Code $ 7054, which provides: (a) No school district or community college district funds, services, supplies, or equipment shall be used for the putpose of urging the support or defeat of any ballot measure or candidate, including, but not limited to, any candidate for election to the governing board of the disttict. (b) Nothing in this section shall prohibit the use of any of the pubhc resources described in subdivision (a) to provide information to the public about the possible effects of any bond issue or other ballot measure if both of the following conditions are met: 10. 11,. 12. 1 5 . 1,6. (1) The informational activities are otherwise authorized by the Constitution or laws of this state. (2) Ihe info-rmation provided constitutes a fa'. and,impartial presentation of relevant facts to aid the electorate in reaching an inftrmedl"dgr";, regardrng the bond issue or ballot measure. (c) A violauon of this section shall be a misdemeanor or felony punishable by imprisonment in the counry jarl not exceeding.on e year or by " fir" not exceiding one thousand dollars ($1,000)' or by both, ot it rpiirorr-ent in a state pflson for 1,6 months, or fwo or three years. The actions described above were repeated for the two additjonal bond measures proposed for the November 2004 election. Me.asure-G was proposed to provide funding for the renovation, repair and expansion of Sierta college facilities in Grass valley, califorrua. c"-purgr finance r.poro frl.d b;i;" Measure G committee show a $16,000 contribution from the Foundation, as well as a $10,000 contribution from excess funds left over from the Measure E committee. Measure ! -1t proposed to ptovide funding for the construction of new Sierra college facilities rn Truckee, califotnia' As of this- writing, the Nevada counry clerk-Recorder,s office has still been unable or unwilling to.forward a copy of campaign fin^n.. reports fi.led by the Measure H committee, but we estimate that ovet $28,000 was conftibuted by the Fo.rrrdutro., based on the evidence received from the Foundauon. 1 7 . 1 8 .In order to attempt to address the concerns over thrs activity, the Foundation provided electronic -copies of its spteadsheets that were used to record the donations solicited and earmarked for the eventual transfer to their appropriate bond measure committees. printed copies of those spreadsheets are attached. 19' The spreadsheet detaihng Measu.te E donors includes a notation that the donatrons at rssue are classified for a "0724A Special Fund", separate ftom the *1l24Annual Fund,,. 20' The spreadsheet detailing Measute G and H donors is even more explicit, stating line-by-line which ballot measure the donation is earmarked for. There is $16,400 earmatked for Measure G, and $28,560 earmarked for Measure H. I am seeking a fotmal investigauon by the appropriate rnvesugatory and law enforcement agencies of these campaign finance issues. If I can provide any additional information, please do not hesitate to call me at 530-gg5-95 00 x215. Srncerelv. t l -ffiV- Aaron I(lein Trustee, Sierra Joint Commurury College District 40 APPENDIX 2: REFERENCE DOCUMENTS APPENDIX 2: REFERENCE DOCUMENTS Item # Date of Origin or Receipt Category Source Title or Comments 1 12/20/04 Grand Jury Complaint Complainant Complaint alleging criminal charges against SC President Dr. Kevin Ramirez 2 12/23/04 Letter Clerk-Recorder's Office 4 Letters: forwarding same complaint to FPPC, Grand Jury, State Attorney General, and Placer County District Attorney 3 12/27/04 Letter FPPC Acknowledgement of complaint receipt 4 1/24/05 Letter Clerk-Recorder's Office Letter to SCFoundation advising of possible obligation to file 5 1/7/05 Grand Jury Complaint California Grand Jury Association Citizen complaint regarding Sierra College Foundation 6 2/4/05 Letter Clerk-Recorder's Office 3 Letters: to Placer County District Attorney, Grand Jury and FPPC w/enclosures of Measure G filings from Nevada County w/attachments of Foundation's accounting for bond measure donors 7 3/7/05 Letter Foundation President Response to Recorder's office outlining results of legal advice and filing violations being "technical and inadvertent" 8 9/22/05 Grand Jury Complaint Former Grand Jury Member Citizen complaint regarding Sierra College Foundation 9 12/8/05 Meeting notes Clerk-Recorder's Office Meeting 10 .12/15/05 Testimony notes Foundation Exec Director Testimony 11 12/18/05 Working Paper Grand Jury "Analysis of the Klein Complaint" 12 1/11/06 Testimony notes Former Foundation Board President Testimony 13 1/12/06 Testimony notes Current Foundation Board Presdent Testimony 14 1/12/06 Testimony notes Sierra College Interim President Testimony 15 Working Paper Sierra College Interim President Graph, FTES (full time equivalent student) decline 12/04-2/05 16 1/17/06 Testimony notes Former Treasurer, Committee for Measure E Testimony 17 1/18/06 Testimony notes Sierra College VP Finance & Admin Testimony 18 1/23/06 Testimony notes Sierra College Board Member 1 Testimony 19 1/24/06 Testimony notes Sierra College Board Member 2 Testimony 20 2/1/06 Testimony notes Former Treasurer, Committee for Measure H Testimony 21 2/13/06 Packet Former Treasurer, Committee for Measure H Measure H Campaign documents (e-mails, FPPC instructions, letter from Sec'y of State, letter from Streamline Consulting Group, copies of receipts) 22 2/8/06 Testimony notes Complainant Testimony 23 2/8/06 Working Paper Complainant Complainant's "Grand Jury Outline" 24 2/8/06 FPPC Complainant FPPC No.: 04/593 Stipulation, Decision and Order in the Matter of Foothilld-De Anza Community Colleges Foundation 25 2/8/06 Letter Complainant Correspondence between Foundation and a significant business donor to all 3 bond measures 26 2/18/06 Testimony notes Notes from Foundation business donor interviews Testimony 27 2/20/06 Testimony notes Former Sierra College Director of Business Services Testimony 28 2/27/06 Testimony notes Treasurer, Committee for Measure B Testimony (Complainant's source for "is this legal?") 29 2/27/06 Testimony notes Former Sierra College Board Member Testimony (party to Complainant's alleged bathroom conversation) 30 3/6/06 Testimony notes Sierra College Board President Testimony (Complainant's advisor) 31 12/15/05 Bond Measures Clerk-Recorder's Office Measure E: Proposal to issue bonds for Sierra Joint Community College District 32 3/2/04 Internet League of Women Voters Measure E Description 33 12/15/05 Bond Measures Clerk-Recorder's Office Measure H: Proposal to issue bonds for Sierra Joint Community College School Facilities Improvement District Number 1 34 12/8/05 FPPC Clerk-Recorder's Office Election Filing Reports: Copies of all campaign filings for Measures E, G, and H 35 12/8/05 FPPC Clerk-Recorder's Office Election Results: Local Measures G and H 36 12/31/94 FPPC Fair Political Practices Commission Information Manual D: Manual for recipient committees formed to support or oppose the passage of ballot measures 37 2/15/06 FPPC Fair Political Practices Commission 2004 Addendum: Supplement to Manual D 38 1/1/05 FPPC Fair Political Practices Commission 2005 Addendum: Supplement to Manual D 39 11/15/05 Internet County Counsel Education Code 7050-7058 40 11/28/05 Internet Education Code Section 72670 - 72682 Code governing formation of auxiliary organizations by community colleges APPENDIX 2: REFERENCE DOCUMENTS Item # Date of Origin or Receipt Category Source Title or Comments 41 10/15/02 Working Paper Financial Strategies Inc. Memo: "Relationship of Sierra College Foundation to Expanding Horizons for Lifelong Learning 42 6/26/02 e-mail Larry Toy, President, Foundation for California Community Colleges Statewide/Local Bond Campaign Contributions Through Your Foundation 43 5/10/02 Working Paper Gilbert Associates, Inc. CPAs and Advisors Memo: Allowable Financial Support from the Foundation for Proposed Sierra Junior College Bond Measure 44 7/8/02 Internet Online Compendium of Federal and State Regulations for U.S. Non-Profit Organizations Lobbying and Political Activity by Tax-Exempt Organizations 45 11/5/03 e-mail Sierra College Rules regarding the bond campaign 46 12/19/02 Letter Gilbert Associates, Inc. CPAs and Advisors Letter to SC VP Business Services re: form and filing for IRS for the Foundation to allow expenditures to influence legislation 47 1/11/05 Formal Meeting Minutes Minutes - Sierra College Board Mtg. Special meeting of the Board with public comments re: Dr. Ramirez 48 7/1/03 Contract Sierra College Contract Extension between Sierra College and Kevin Ramirez 49 1/21/05 Contract Sierra College Settlement Agreement between Sierra College Board and Kevin Ramirez; attachment of Foundation donor accounting 50 1/23/06 Working Paper Sierra College General Fund 10-year History with Ramirez Buyout Expenses Removed 51 1/23/06 Working Paper Sierra College Sierra Community College District Facilities Funding Challenges 52 3/7/08 Formal Meeting Minutes Sierra College Sierra Joint Community College Districts Minutes (Oct 2002 - Dec 2004) 53 12/15/05 Contract Foundation Executive Director Foundation Bylaws 54 12/15/05 Financial Foundation Executive Director Foundation Financial statements, independent auditor's reports and IRS filings (2002-2004) 55 12/15/05 Foundation Board members Foundation Executive Director Foundation's 2002-2003 Board of Directors 56 12/15/05 Foundation Board members Foundation Executive Director Foundation's 2003-2004 Board of Directors 57 12/15/05 Foundation Board members Foundation Executive Director Foundation's 2004-2005 Board of Directors 58 10/13/03 Formal Meeting Minutes Minutes - Foundation Board Mtg. Agenda Item III.C "Foundation Support of March, 04 Bond Measure" 59 1/13/03 Formal Meeting Minutes Minutes - Foundation Board Mtg. Agenda Item IV.B "Election of 501(h) option to the Foundation's 501(c)(3) Status" 60 10/11/04 Agenda Agenda - Foundation Board Mtg. attachment "Transfer of Funds from Special Account in accordance with 501h allowance" 61 10/11/04 Formal Meeting Minutes - Foundation Board Mtg. Agenda Item IV.B "Transfer of Funds to Measures G & H" 62 1/26/04 Formal Meeting Minutes Minutes - Foundation Board Mtg. Agenda Items III.B "Amendment to the Articles of Incorporation" and III.D "Transfer of Funds from Special Account in Accordance with the 501(h) Allowance" 63 1/3/05 e-mail Foundation Executive Director response from ELAC Foundation re: use of 501(h) 64 1/4/05 e-mail Foundation Executive Director response from Merced College Foundation re: use of 501(h) 65 1/4/05 e-mail Foundation Executive Director response from Ventura College Foundation re: use of 501(h) 66 1/4/05 e-mail Foundation Executive Director response from Cabrillo College Foundation re: use of 501(h) 67 3/8/05 e-mail Foundation Executive Director re: memo from SCF President about filings failures 68 1/28/04 e-mail Foundation Executive Director from campaign group for E titled "Campaign Contribution Update" with lengthy list of Foundation contributors 69 9/8/04 - 10/14/04 e-mail Foundation Executive Director series of e-mails form 9/8/04 - 10/14/04 reporting donations to G & H bond measure committees 70 11/17/03 Letter Foundation Executive Director Thank you letters to a major donor from SCF President 71 12/17/03 Letter Foundation Executive Director Thank you letters to a 4 major donors from SCF President 72 10/18/04 Letter Foundation Executive Director Thank you letters to 7 major donors from SCF Executive Director w/receipts attached 73 11/29/04 Letter Foundation Executive Director Thank you letters to 9 major donors from SC President and SCF Executive Director 74 3/7/05 Letter Sierra College Foundation Letter responding to County Clerk-Recorder concerning filing violations 75 7/26/04 Letter TRR (Teresa R. Ryland, C.P.A) To SCF Exec Director re: continued tax-exempt status; outlining that 20% of expenditures could be contributed to the bond measure 76 8/13/05 Marketing Survey Fairbank, Maslin, Maulin & Associates Sierra Joint CCD Marketing Survey (August 13-19, 2005) 77 2/11/05 Newspaper Article Auburn Journal "Award, allegations complicate legacy of Sierra President" APPENDIX 2: REFERENCE DOCUMENTS Item # Date of Origin or Receipt Category Source Title or Comments 78 2/4/05 Newspaper Article Auburn Journal "Campaign watchdog group investigating Ramirez fundraising" 79 2/3/05 Newspaper Article Auburn Journal "Diverse group holds reins of Sierra College" 80 12/24/04 Newspaper Article Auburn Journal "Further charges fly at college 81 2/2/05 Newspaper Article Auburn Journal "Grand Jury reports show Sierra leaders no strangers to contoversy" 82 3/10/05 Newspaper Article Auburn Journal "Klein recall effort folds" 83 1/28/05 Newspaper Article Auburn Journal "Lynn in as Sierra interim president" 84 3/27/05 Newspaper Article Auburn Journal "Politics at work in parcel tax? 85 1/30/05 Newspaper Article Auburn Journal "Ramirez buyout may have cost over $500,000 86 12/24/04 Newspaper Article Auburn Journal "Sierra college trustee calls on College President Ramirez to resign" 87 2/6/06 Newspaper Article Auburn Journal "Sierra inducts 46 into Hall of Fame" 88 11/4/05 Newspaper Article Auburn Journal "Sierra probes support for new bond 89 12/24/04 Newspaper Article Auburn Journal "Trustee alleges Ramirez funneled political spending" 90 3/3/05 Newspaper Article Lincoln News Messenger "Klein speech rekindles Sierra debate" 91 12/23/04 Newspaper Article Lincoln News Messenger "Ramirez Claims Pressure from Board to Resign" 92 12/30/04 Newspaper Article Lincoln News Messenger "Ramirez Rebuts charges by new board member" 93 1/27/05 Newspaper Article Lincoln News Messenger "Ramirez to step down as President of Sierra College" 94 2/1/05 Newspaper Article Lincoln News Messenger "Ramirez, Sierra board faced scrutiny in the past" 95 12/24/04 Newspaper Article Placer Herald "Sierra president alleges pressure to resign post" 96 12/20/04 Newspaper Article Sacramento Bee "College chief should quit, trustee says" 97 3/10/05 Newspaper Article The Union "Effort to recall Klein abandoned" 98 2/10/05 Newspaper Article The Union "Klein focuses on future for college" 99 2/22/05 Newspaper Article The Union "Making deals normal at college" 100 12/29/04 Newspaper Article The Union "Trustee: Sierra College leader should leave" 101 12/22/04 Internet Complainant's Blog "An Open Letter to our Sierra College Faculty, Classified Staff and Administration 102 1/4/06 Internet Complainant's Blog "Auburn Journal Article on the Proposed Sierra College Bond 103 5/27/05 Internet Complainant's Blog "Commencement, Part II" 104 2/4/04 Internet Complainant's Blog "Making Progress at Sierra College" 105 5/20/05 Internet Complainant's Blog "My Speech on a New College for a New Day" 106 6/20/05 Internet Complainant's Blog "Sierra College … On the Right Track" 107 8/27/05 Internet Complainant's Blog "The journal attempts to right a wrong …" 44 APPENDIX 3: TIME LINE OF EVENTS 45 This page intentionally left blank. APPENDIX 3: TIME LINE OF EVENTS • Foundation approves 501(h) election Î 01/13/03 • Foundation donor list circulates among Committee for Measure E Î 01/22/04 • Foundation approves $60,000 transfer to Measure E Î 01/26/04 • Foundation transfers $60,000 to Committee for Measure E Î 02/14/04 • Committee for E files Form 460 ($60,000 wo/donor detail) Î 02/18/04 • ELECTION: Bond Measure E Fails Î 03/02/04 • Foundation e-mails provide donor lists to G & H Committees Î 09/08-10/14/04 • Foundation approves funding up to $60,000 for Measures G & H Î 10/11/04 • Committee for Measure E files Form 460 Î 10/11/04 (shows transfers of $10K to Committees for G & H; returns $2419 to Foundation) • Foundation transfers $25,210 to Committee for Measure H Î 10/16/04 • Committee for Measure H files Form 460 ($25,210 wo/donor detail) Î 10/21/04 • Complainant detects FPPC filing errors for E, G & H Î 10/24/04 • ELECTION: Complainant elected as Trustee; Measures G & H pass Î 11/02/04 • Committee for E files amendment identifying individual donors Î 11/16/04 • Complainant writes & sends complaint to Grand Jury & Recorder Î 12/20/04 • Grand Jury receives 1st complaint (also County Recorder’s Office) Î 12/23/04 • FPPC acknowledges receipt of complaint from Recorder’s Office Î 12/27/04 • Grand Jury receives 2nd citizen complaint re: investigation of FoundationÎ 01/07/05 • Sierra College Board special meeting re: Ramirez/Board conflict Î 01/11/05 • Settlement agreement between Ramirez & College Î 01/21/05 • Letter from Recorder’s office to Foundation (‘You may need to file’) Î 01/24/05 • Foundation replies to Recorder’s Office letter re: attorney’s assessment Î 03/07/05 • Committee for H files amended Form 460 showing $25,210 donor detailÎ 03/22/05 • Grand Jury begins inquiry (attend Sierra College Board Meeting) Î 09/13/05 • Grand Jury receives 3rd citizen complaint Î 09/22/05 • Press repeats allegations upon Ramirez hall of fame induction Î 02/06/06 47 This page intentionally left blank. INSTRUCTIONS TO RESPONDENTS w" Morgan Lynn, Ed.D. lnterim Superintendent/President ffi,ffi@q;f QIT,RRAC \ Il'L--rr. W e f a c i l i t a t e l e a r n i n g , i n s p i r e May 5,2006 The Honorable Frances Kearney Presiding Judge of the Superior Couit Counfy of Placer 11.546 B Avenue Auburn, CA 95603 Dear Judge Kearney, We acknowledge and offer our appreciation for the Grand Jury's Report. This Report was thorough and fully accurate as to the circumstances, motivations and the lack of intent involved in the inadvertent campaign disclosure problems associated with the bond measure campaigns. This response to the Grand Jury Report entitled Refutation of Charge Against Former Sierra College President, dated March 2'1,,2006, is made by Dr. Morgan Lynn, Interim Superintendent/President, Sierra College, and Sonbol Aliabadi, Executive Director, Sierra Coilege Foundation. We have been directed to respond to Findings 1 through 4; and Recommendations L and 5. , RESPONSES TO FINDINGS
F8
Mayor receives $150.00 /month
F9
Mayor receives an additional $150.00/month 16 This page intentionally left blank. 17
F10
PGO had a history of hiring inexperienced Supervisors who required basic PGO training. To remedy those findings the Grand Jury recommended:
F11
Client medications require professional medical supervision. Prescriptions may be changed as much as 3-4 times weekly as doses and types are adjusted to meet the clients’ needs.
F12
Rosewood staff testified that the facility operates very much like a hospital and should meet the same standards. (A hospital of comparable size and services would be required to have 4 nurses.)
F13
The current supervising nurse at Rosewood testified that she works an average of 70 hours a week attending to client needs.
F14
In addition to nursing duties, she also grocery shops at Sam’s Club and serves as dietician for the facility.
F15
This facility currently has only one apartment scale washer and dryer for all 15 clients’ laundry needs (clothing and bedding). The facility had a commercial scale washer, but it broke two years ago and has been deemed un-repairable by the County Maintenance Department. Therefore the supervising nurse sometimes takes the clients’ laundry home to wash and dry it on her own time.
F16
Staff at Rosewood is inadequate to support preparing documentation of the variety of health forms required for reimbursement from Medicare, Medicaid, etc.
F17
Rosewood currently has a transport van that carries 12 persons. This is inadequate for group outings that should include all 15 live-in clients plus staff.
F18
The facility was clean but in need of repairs in the kitchen high traffic areas (flooring separating at the seams). 36
F30
The warehouse, which at last year’s first review was disorganized and unprotected, now has a proper building of its own to store labeled, shipping boxes (instead of grocery bags) containing clients’ personal belongings, with various locked rooms set aside for specific uses.
Recommendations 18
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R1"The Sierra College Board should extend the Grand Jury's thanks and appreciation to the Colle{e and Foundation staff for persevering in the best interest of the ColleSe and the community through a difficult and tryingtime." The Board of Trustees agrees and hereby extends the Grand Jury's thanks to the Foundation and Sierra College staff. This recommendation has been implemented with the filing of this response. The Sierra College Board of Trustees met on Tuesday,May 2,2006 to formulate their response to the Grand Jury's Final Report dated March 21,,2006. Since
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R2NOTE TO RESPONDENTS The legal requirements affecting respondents and responses to Grand Jury findings and recommendations are contained in California Penal Code, Section 933.05. The full text of the law is printed below. Each Respondent should become familiar with these legal requirements and, if in doubt, should consult legal counsel prior to responding. For the assistance of all Respondents, Sections 933.05 of the California Penal Code is summarized as follows: The responding person or entity must respond in one of two ways: 1. That you agree with the findings. 2. That you disagree wholly or partially with the finding, in which case the response shall specify the portion of the finding that is disputed and shall include an explanation of the reasons for the disagreement. HOW TO REPORT ACTION IN RESPONSE TO RECOMMENDATIONS Recommendations by the Grand Jury require action. The responding person or entity must report action on all recommendations in one of four ways: 1. The recommendation has been implemented, with a summary of the implemented action. 2. The recommendation has not yet been implemented, but will be implemented in the future, with a time frame for implementation. 3. The recommendation requires further analysis. If a person or entity reports in this manner, the law requires a detailed explanation of the analysis or study must be submitted to the officer, director, or governing body of the agency being investigated. 4. The recommendation will not be implemented because it is not warranted or is not reasonable, with an explanation therefore. BUDGETARY or PERSONNEL RECOMMENDATIONS If either a finding or recommendation deals with budgetary or personnel matters of a County department headed by an elected officer, both the elected officer and the Board of Supervisors shall respond if the Grand Jury so requests. While the Board of Supervisors’ response is somewhat limited, the response by the department head must address all aspects of the findings and recommendations. APPEARANCE BEFORE THE GRAND JURY Prior to the publication or release of Grand Jury findings, the Grand Jury may request a personal appearance by the person or entity to discuss the proposed findings.
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R3ADVANCE RELEASE OF GRAND JURY REPORT DISCLOSURE PROHIBITED PRIOR TO PUBLIC RELEASE Two working days prior to release of the Final Report, the Grand Jury will provide a copy of the portion of the report to all affected agencies or persons. No officer, agency, department, or governing body of a public agency shall disclose the contents of the report prior to its release. TIME TO RESPOND, WHERE AND TO WHOM TO RESPOND Section 933.(c), Penal Code, depending on the type of Respondent, provides for two different response times and to whom you must respond: 1. Public Agency: The governing body of any public agency must respond within ninety (90) days. The response must be addressed to the Presiding Judge of the Superior Court. 2. Elective Office or Agency Head: All elected officers or heads of agencies who are required to respond must do so within sixty (60) days, to the Presiding Judge of the Superior Court, with an information copy provided to the Board of Supervisors. The Presiding Judge of the Placer County Superior Court system is: The Honorable Frances Kearney Presiding Judge of the Superior Court County of Placer 11546 B Avenue Auburn, CA 95603 Also, please send your responses in the form of an original hard copy as well as digital copy on compact disk to the Placer County Grand Jury, addressed as follows: C Avenue Auburn, CA 95603 CALIFORNIA PENAL CODE SECTION 933.05 a. For purposes of subdivision (b) of Section 933, as to each Grand Jury finding, the responding person or entity shall indicate one of the following:
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R4Field staff should be required to meet the qualifications criteria in California Penal Code 832.
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R5The then acting PCACD manager failed to use good judgment in dealing with the funds donated by the voluntary animal alliance group.
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R6Due to the lack of adequate written procedures, an oral agreement was not kept and the donated funds were placed into an account that could have been used for other than the purpose intended by the group making the donation (microchipping of adopted animals).
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R7This has been resolved and the donated funds are now identified for the sole purpose of animal identification using microchips. The 2005-2006 Grand Jury believes that special recognition should be given to private nonprofit organizations that do an outstanding job in animal protection and adoption within Placer County.
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R8Rosewood has 15 live-in clients (usually transfers from state hospitals) who stay for an average of 3 months in order to learn skills to transition to independent living.
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R9Rosewood has a continual waiting list of 4 persons.
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R10Rosewood is licensed as a “Board and Care” facility, so they are not legally required to have nurses.
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R11Client medications require professional medical supervision. Prescriptions may be changed as much as 3-4 times weekly as doses and types are adjusted to meet the clients’ needs.
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R12Rosewood staff testified that the facility operates very much like a hospital and should meet the same standards. (A hospital of comparable size and services would be required to have 4 nurses.)
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R13The current supervising nurse at Rosewood testified that she works an average of 70 hours a week attending to client needs.
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R14In addition to nursing duties, she also grocery shops at Sam’s Club and serves as dietician for the facility.
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R15This facility currently has only one apartment scale washer and dryer for all 15 clients’ laundry needs (clothing and bedding). The facility had a commercial scale washer, but it broke two years ago and has been deemed un-repairable by the County Maintenance Department. Therefore the supervising nurse sometimes takes the clients’ laundry home to wash and dry it on her own time.
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R16Staff at Rosewood is inadequate to support preparing documentation of the variety of health forms required for reimbursement from Medicare, Medicaid, etc.
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R17Rosewood currently has a transport van that carries 12 persons. This is inadequate for group outings that should include all 15 live-in clients plus staff.
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R18The facility was clean but in need of repairs in the kitchen high traffic areas (flooring separating at the seams). 36
Conclusions 28
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CL1Can check out car from City carpool
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CL2Mayor receives $150.00 /month
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CL3Mayor receives an additional $150.00/month 15 This page intentionally left blank. 16 FINDINGS FROM INVESTIGATION OF THE BUILDING DEPARTMENT PLACER COUNTY BUILDING DEPARTMENT SUMMARY: The Placer County Grand Jury conducted a comprehensive investigation into the operations of the Placer County Building Department. This department has the important responsibility of inspecting and approving building construction drawings, issuing building permits and collecting permit fees. During construction, field-staff perform on- site inspections to verify compliance with approved drawings and building codes. Our investigation disclosed a number of operational problems that management should solve to allow the department to operate at optimum efficiency. During interviews of department personnel we noted morale problems that management has not acknowledged. Additional staff training is needed to take full advantage of new automation programs developed for the department. We noted variations in the fees collected for building permits. There is a need to implement both internal and external auditing procedures. METHODOLOGY: The Grand Jury undertook an investigation of the Building Department to determine whether there was operational compliance with County building code requirements and to evaluate how well the citizens of Placer County are been served. To begin this investigation, members of the Grand Jury reviewed samples of planning calculation work sheets, and building code requirements. We also conducted extensive management interviews. A comprehensive list of questions was developed, regarding the following: • Questionable entries were made on building plan worksheets. Specifically building permit fee calculations exceeded the permit fee percentage normally used. • There was a lack of consistency in employee responses and understanding of assigned duties. Questions addressed employment history, training, county policies, department policy and job duties. The Grand Jury conducted interviews with the majority of department staff members including first line supervisors, department managers and the department chief. 17 NARRATIVE: The building department requires a mix of skills to accomplish its tasks of plan checking, issuing building permits and on-site follow-up to assure building code compliance. Employees have extensive backgrounds in building/construction fields, some training in civil engineering, and are required to hold a State of California Certificate of Registration as an Inspector. This certificate is issued by the International Conference of Building Officials. Registration as a licensed architect or professional civil engineer may also be accepted as evidence of technical qualifications. In 2005 private and commercial building construction in Placer County was very active. The department workload was high and also because of the shortage of staff, management had decided to limit those scheduled for training in the new computer “PLUS” system designed to improve the accuracy of plan check calculations and fee collection accounting. Communication within the organization had become a problem. Management stated that to its knowledge there was no dissatisfaction and that morale was at a high level. To the contrary, a number of staff members stated, morale was at an all time low. They were concerned that management had issued directives that caused problems. One example given was a directive that plan checkers were to stop reporting non-county code related errors or omissions found on building plans. However management asserted this was not true. Its supervisors gave conflicting testimony regarding reporting structure, assignments and responsibility for employee performance reviews. Some staff members reported that frequent organizational changes, promotions and inconsistent direction resulted in disharmony. Supervisors gave conflicting testimony regarding structure, assignments and responsibilities for employee performance reviews. Internal procedures for monitoring work accuracy and quality are unclear. Each plan checker is responsible for his or her own work without oversight. This permits employees and management to disregard the County’s policy concerning permit fee charges. These variations in the percentage calculation resulted in permit fee overcharges in some cases, verifying that there is no internal procedure to audit for errors Therefore, there is no attempt to offer refunds for overcharges or if the reverse is true, to seek additional fees. One example brought forward during the interview with the department manager involved the overcharging on a commercial permit for a small building expansion. His response was that the normal permit fee calculation percentage was too low to cover field inspection costs. Therefore a higher fee was charged. This is not consistent with building department informational handouts or written County policy. 18 FINDINGS: The Grand Jury finds:
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CL4PGO had a history of hiring inexperienced Supervisors who required basic PGO training. To remedy those findings the Grand Jury recommended:
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CL5Client medications require professional medical supervision. Prescriptions may be changed as much as 3-4 times weekly as doses and types are adjusted to meet the clients’ needs.
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CL6Rosewood staff testified that the facility operates very much like a hospital and should meet the same standards. (A hospital of comparable size and services would be required to have 4 nurses.)
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CL7The current supervising nurse at Rosewood testified that she works an average of 70 hours a week attending to client needs.
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CL8In addition to nursing duties, she also grocery shops at Sam’s Club and serves as dietician for the facility.
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CL9This facility currently has only one apartment scale washer and dryer for all 15 clients’ laundry needs (clothing and bedding). The facility had a commercial scale washer, but it broke two years ago and has been deemed un-repairable by the County Maintenance Department. Therefore the supervising nurse sometimes takes the clients’ laundry home to wash and dry it on her own time.
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CL10Staff at Rosewood is inadequate to support preparing documentation of the variety of health forms required for reimbursement from Medicare, Medicaid, etc.
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CL11Rosewood currently has a transport van that carries 12 persons. This is inadequate for group outings that should include all 15 live-in clients plus staff.
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CL12The facility was clean but in need of repairs in the kitchen high traffic areas (flooring separating at the seams). 35 CYPRESS HOUSE The Grand Jury toured Cypress House at the Dewitt Center. It is an aging facility in need of many repairs (leaking sinks, roaches, uneven floors, poorly sealed windows, moldy carpets, etc.) and unofficially scheduled to be replaced around 2010. Cypress House is licensed as an “Adult Residential Facility”, housing up to 15 patients who are free to come and go as they choose. Four full-time staff members are assigned as House Managers. An additional 3 full-time and 16 extra-help staff are allocated. The average age of the patients is about 40. At least 50% of the cases are directly or indirectly drug related. Methamphetamine use is a growing problem. This facility has two staff psychiatrists who prescribe medications, although Cypress House is not licensed to administer drugs. This creates a situation in which all medications must be taken by the patient without staff intervention (i.e. for shots or any other direct contact). While the Client Services Supervisor’s view is that in some ways the quality of MHS care has improved in the last two years (better identified needs, use of the “recovery model”, employment/job training), he also echoed the understaffing concerns we heard at Rosewood, acknowledging that caseloads are skyrocketing. At the time of our tour, Cypress House was understaffed by 5 positions. Significant problems arise when two or more staff members are on leave or vacation, leaving them shorthanded and overworked. It takes several months to develop interview lists and significant time to interview and hire. In addition, there is a lengthy gap between hiring and sufficient training. Partly in response to funding and staffing limitations, but also due to changes in treatment practices, they are trying to do more and faster patient discharges “to the street”. The average patient stay has been reduced from 90 days (less than a year ago) to 40 days currently. We cannot objectively judge if this is in the best interest of the patient, but with such a dramatic shortening of treatment in such a short time and under budget constraints, sufficient patient recovery is questionable. The Client Services Supervisor emphasized a focus on teaching the patients to become self-sufficient: how to clean their rooms, how to plan and prepare nutritious meals, how to go shopping for their food, how to do their own laundry. This facility has a working washer and dryer and an ironing board for the patients’ laundry needs. Each patient has a daily list of chores in addition to his psychiatric or counseling sessions. Unlike the Rosewood Facility, Cypress House has regular, continuing contact with the ASOC Director, seeing her 2-3 times per week. However, at both facilities the staffing shortage was their number one priority. 36 COUNTY PERSONNEL REPLACEMENT POLICIES Because several staff members had reported that they believe the cause of chronic understaffing is due to county policies precluding prompt recruitment of replacements, we interviewed the County Personnel Director. We learned the following facts from her.
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CL13The warehouse, which at last year’s first review was disorganized and unprotected, now has a proper building of its own to store labeled, shipping boxes (instead of grocery bags) containing clients’ personal belongings, with various locked rooms set aside for specific uses. Interviews revealed an ongoing staff shortage that was resolved only briefly, and they still face problems finding qualified applicants. Filing of many boxes of closed cases was finally accomplished, but volumes of current cases remain to be done with a single person assigned to the task in addition to her regular duties. Placer County has a growing client demand combined with fixed budgets or budget reductions in many departments. In the PGO, the ratio of clients to social workers has recently increased from 60/1 in February to 70/1 in March with no plans for increased staffing in the near term. This is already well above the state average caseload of 50-55/1. But beyond that, this 17% increase in caseload can have dramatic effects considering the wide range of highly demanding requirements of the assigned social workers. They must check on clients at least three times a year, pay their bills, fill out insurance forms, ensure clients receive proper medications, and tend to many of their personal needs. Some clients require considerably more care and many reach the point of needing a thorough evaluation to determine if they qualify to move to assisted living, another time-consuming process. In addition, when clients die, the PGO sends staff to help dispose of their belongings and close up their homes. Visiting an uninhabited home alone is a potentially dangerous practice, so it is in the best interest of the caseworker and the PGO to send pairs to perform this task. In many cases it has been difficult to find two staff members free to carry out these jobs, so a caseworker has, from time to time, accepted an inmate or MHS client as a partner. Clearly this is a dangerous practice, opening the department to liability if items disappear or the partner’s behavior becomes problematic far from any support. The PGO’s staff shortage resurfaced with the impending retirement of two experienced staff workers. The staff shortage has been severely aggravated when one staff worker retired in April with an accrued 10 weeks of vacation. Although County personnel policy 23 permits hiring replacements before all the vacation pay and sick leave have been paid out, active planning is needed to avoid staffing gaps. Understaffing is a significant and continuing problem for the PGO. Because several staff members had reported that they believe that the cause of understaffing is due to county policies precluding prompt recruitment of replacements, we interviewed the County Personnel Director. We learned the following facts from her.
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CL14Fully Paid No No Yes No No No
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CL15Contribution No No Yes 1% (7) No No No H: City Vehicle Yes (6) No No No No No
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CL16Management should adopt a more open communications environment.
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CL17A “fast-track” schedule should be implemented for training staff on the new automated “PLUS” system, to reduce errors and improving account auditing.
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CL18A workable Quality Assurance plan should be developed for the auditing of internal activities to assure work accuracy and calculation of building permit fee charges. This plan should include periodic external audits.
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CL19After 12 years @ 2.7 % at 55 years
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CL20The accomplishments of the Rocklin Academy, the Maria Montessori Charter Academy, and Horizon Instructional Systems validate the value of the charter school concept in providing parents and students with alternative approaches to education.
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CL21The demonstrated academic attainments of the students of the Rocklin Academy are exceptional. Its focus on achieving world-class performance utilizing the Core Knowledge Sequence Curriculum is particularly worthy of note.
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CL22The Montessori method has been a legitimate choice for parents in the United States for over forty years. The Maria Montessori Charter Academy is making the contribution of providing this method to students in a public school context.
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CL23Especially in Placer County and adjacent counties, many parents prefer to home school their children arising from family values perspectives. The Horizon Instructional Systems is thus fulfilling a significant need.
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CL24The adoption of charters by the Newcastle Elementary School District and the Ackerman Elementary School District was a transparent attempt to exploit the Charter Schools Act to achieve a purpose for which it was not intended, namely to allow unrestricted interdistrict transfers.
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CL25The Superintendent of Schools of Placer County recognized the illegitimacy of the Bowman and Newcastle Charter Schools, and attempted unsuccessfully to gain California Department of Education attention to the matter virtually as soon as these charters began to operate.
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CL26The Newcastle and Ackerman Districts felt forced to adopt charters arising from a restrictive interdistrict transfer policy adopted in February 2005 by the Auburn Union School District. 57
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CL27There is a likelihood that the content of closed session meetings of the ARD Board regarding the proposed contract has been disclosed to local newspapers either by one or more meeting attendees or through intermediaries. Such disclosures, if they in fact occurred, are a violation of the Brown Act, Section 54963, and are subject to legal remedies. Placer County Grand Jury
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CL28disclosrres, if in fact occure4 qppeart o be in violatisn ofthe Bm-rrmA c! Section 54963" Response: I partially disagreew ittr this fioding. Since no examples of what may have been disclosedt o the pap€r, I can not agreet o this finding. Further,I am not surethat any'confiidential informatiort''as described in Govt. Code 54963w as disclosedp er find.ing8 . coNqr-usroNstfs gcolslENpAlrgNs "AlI l) discassions and consideration of anew contractfor the District " Adminisff ator should ce ase Action: The recommendationw as implenaentd The o<isting conhact for IvIr. Grenier, the person in questioq wasbought out-he no longerworks for ARD. "