The Final Report of the

Note: Missing finding numbers detected: F14, F15, F16, F17, F18, F19, F20, F21, F22, F23, F24, F25, F26, F27, F28, F29, F31, F32, F33, F34, F35, F36, F37, F38, F39, F40, F41, F42, F43, F44, F45, F46, F47, F48, F49, F50, F51, F52, F53, F54, F55, F56, F57, F58, F59, F60, F61, F62, F63, F64, F65, F66, F67, F68, F69, F70, F71, F72, F73, F74, F75, F76, F77, F78, F79, F80, F81, F82, F83, F84, F85, F86, F87, F88, F89, F90, F91, F92, F93, F94, F95, F96, F97, F98, F99, F100, F101, F102, F103, F104, F105, F106, F107, F108, F109, F110, F111, F112, F113, F114, F115, F116, F117, F118, F119, F120, F121, F122, F123, F124, F125, F126, F127, F128, F129, F130, F131, F132, F133, F134, F135, F136, F137, F138, F139, F140, F141, F142, F143, F144, F145, F146, F147, F148, F149, F150, F151, F152, F153, F154, F155, F156, F157, F158, F159, F160, F161, F162, F163, F164, F165, F166, F167, F168, F169, F170, F171, F172, F173, F174, F175, F176, F177, F178, F179, F180, F181, F182, F183, F184, F185, F186, F187, F188, F189, F190, F191, F192, F193, F194, F195, F196, F197, F198, F199, F200, F201, F202, F203, F204, F205, F206, F207, F208, F209, F210, F211, F212, F213, F214, F215, F216, F217, F218, F219, F220, F221, F222, F223, F224, F225, F226, F227, F228, F229, F230, F231, F232, F233, F234, F235, F236, F237, F238, F239, F240, F241, F242, F243, F244, F245, F246, F247, F248, F249, F250, F251, F252, F253, F254, F255, F256, F257, F258, F259, F260, F261, F262, F263, F264, F265, F266, F267, F268, F269, F270, F271, F272, F273, F274, F275, F276, F277, F278, F279, F280, F281, F282, F283, F284, F285, F286, F287, F288, F289, F290, F291, F292, F293, F294, F295, F296, F297, F298, F299, F300, F301, F302, F303, F304, F305, F306, F307, F308, F309, F310, F311, F312, F313, F314, F315, F316, F317, F318, F319, F320, F321, F322, F323, F324, F325, F326, F327, F328, F329, F330, F331, F332, F333, F334, F335, F336, F337, F338, F339, F340, F341, F342, F343, F344, F345, F346, F347, F348, F349, F350, F351, F352, F353, F354, F355, F356, F357, F358, F359, F360, F361, F362, F363, F364, F365, F366, F367, F368, F369, F370, F371, F372, F373, F374, F375, F376, F377, F378, F379, F380, F381, F382, F383, F384, F385, F386, F387, F388, F389, F390, F391, F392, F393, F394, F395, F396, F397, F398, F399, F400, F401, F402, F403, F404, F405, F406, F407, F408, F409, F410, F411, F412, F413, F414, F415, F416, F417, F418, F419, F420, F421, F422, F423, F424, F425, F426, F427, F428, F429, F430, F431, F432, F433, F434, F435, F436, F437, F438, F439, F440, F441, F442, F443, F444, F445, F446, F447, F448, F449, F450, F451, F452, F453, F454, F455, F456, F457, F458, F459, F460, F461, F462, F463, F464, F465, F466, F467, F468, F469, F470, F471, F472, F473, F474, F475, F476, F477, F478, F479, F480, F481, F482, F483, F484, F485, F486, F487, F488, F489, F490, F491, F492, F493, F494, F495, F496, F497, F498, F499, F500, F501, F502, F503, F504, F505, F506, F507, F508, F509, F510, F511, F512, F513, F514, F515, F516, F517, F518, F519, F520, F521, F522, F523, F524, F525, F526, F527, F528, F529, F530, F531, F532, F533, F534, F535, F536, F537, F538, F539, F540, F541, F542, F543, F544, F545, F546, F547, F548, F549, F550, F551, F552, F553, F554, F555, F556, F557, F558, F559, F560, F561, F562, F563, F564, F565, F566, F567, F568, F569, F570, F571, F572, F573, F574, F575, F576, F577, F578, F579, F580, F581, F582, F583, F584, F585, F586, F587, F588, F589, F590, F591, F592, F593, F594, F595, F596, F597, F598, F599, F600, F601, F602, F603, F604, F605, F606, F607, F608, F609, F610, F611, F612, F613, F614, F615, F616, F617, F618, F619

Conclusions 124

• CL1
  That the 2006-2007 Madera County Grand Jury continue follow-up of the Animal Shelter expansion until such time that the expansion is completed. If not completed during their time; then we charge each subsequent Grand Jury with the continuation of this matter. RESPONSES: Madera County Board of Supervisors Madera County Animal Shelter Director Madera County Auditor Madera County Planning and Engineering Department Madera County Human Resources Department Friends of the Madera Animal Shelter 2005-2006 Madera County Grand Jury P.0.Box 534 Madera, California 93639-0534 (559) 662-0946 THE 2005-2006 MADERA COUNTY GRAND JURY FINAL REPORT ON THE BOARD OF SUPERVISORS MISUSE OF REIMBURSEABLE ALLOWANCES INTRODUCTION: During the 2004 term of the Madera County Grand Jury, complaints were received regarding misuse of reimbursable allowances by the members of the Board of Supervisors. Due to the late reception of the complaint, it was held until the 2005 Grand Jury was impaneled. FINDINGS: A review of the claims submitted by members of the Board of Supervisors was made and the most common error was reimbursement for meals consumed within the County of Madera, in violation of Madera County Code 2.60.430. While not excessive there appeared to a lack of knowledge of published guidance. During the ensuing investigation and discussion with county officials the County Administrators Office reviewed the current county programs and proposed the following effective November 01, 2005; “Elected officials (defined as the Board of Supervisors, District Attorney, Sheriff-Coroner, Auditor-Controller, and Assessor) will be entitled to a maximum of seventy-five dollars ($75.00) a month in reimbursement for the cost of their own meals associated with the conduct of county business, and not specifically covered under any other section of the county travel plan. Receipts are required when a request for reimbursement is submitted to the county Auditor. The amount of reimbursement will be based on the current meal rates in the County Travel Plan.” CONCLUSION: The described amendment should resolve the problem RECOMMENDATIONS: The County Auditor-Controller should periodically review said expenditures for adherence to appropriate Madera County Codes. RESPONSES: Madera County Board of Supervisor Madera County Auditor-Controller Madera County Administrative Officer 2005-2006 Madera County Grand Jury P. O.Box 534 Madera, California 93639-0534 (559) 662-0946 THE 2005-2006 MADERA COUNTY GRAND JURY FINAL REPORT ON THE MADERA CEMETERY DISTRICT INTRODUCTION: Members of the Grand Jury visited the offices of the Madera Cemetery District on March 2nd, 2006. The purpose of the visit was to obtain information on the operation of: the cemeteries within Madera County: The mission statement for the cemetery district is as follows; "To manage the Madera Cemetery District by providing a wide range of burial options, to handle services in a caring., compassionate manner with the intent to maintain, improve and historically preserve the grounds for the benefit of Madera County residents and their families.” EINDINGS The cemetery districts guidelines are contained in the Health and Safety Code of the State of California. It contains code sections pertaining to the many different items involved in the operation of cemeteries, both private and public. As a public cemetery, the Madera County voters in 1945 formed the Madera Cemetery District. Under the direction of a five-member board of trustees the "endowment care” cemetery district is able to provide beautiful settings as a final resting place for Madera County residents and families. The cemetery district is governed by the Board of Trustees that have been appointed by the County Board of Supervisors for a term of four years. The board sets district policy in accordance with sections of the California Health and Safety Code pertaining to public cemetery districts. The Madera Cemetery District is an endowment care cemetery, which at the time an interment right (plot) is sold, an endowment care fee is charged. The amount of the payment shall not be less than the minimum amount set by the code. Five cemeteries are maintained under the supervision of the Madera Cemetery District: Arbor Vitae in Madera, Calvary in Madera, Oakhill Cemetery in Oakhurst, North Fork Cemetery in North Fork, and Raymond Cemetery in Raymond. The Madera Cemetery District provides the following: • Ground burials-single and double depth • Indoor and garden mausoleums- single and companion • Glass, bronze, and marble front niches • Garden cremation areas • Saturday morning services • An outdoor chapel for services in a garden setting • Pre-need arrangements plans with a 1 to 3 year financing and a $50.00 minimum down payment • Pre-need prices are locked in at the time of purchase A plot map is maintained for each of the cemeteries. These maps are checked weekly for accuracy and when a new internment is made. The State of California audits the cemetery district annually and the report is sent to the state controller. Care and maintenance for the cemeteries is funded by property taxes, the endowment fund, and other associated charges (see attachment 1). The cemetery districts financial records are public record and can be reviewed. CONCLUSION: NONE RECOMMENDATIONS; NONE RESPONSES: Madera Cemetery District Madera Cemetery Board of Trustees Madera County Board of Supervisors Madera County Administrative Offices 2005-2006 Madera County Grand Jury P.O. Box 534 Madera, California 93639-0534 (559) 662-0946 THE 2005-2006 MADERA COUNTY GRAND JURY FINAL REPORT ON THE MADERA COUNTY CENTRAL GARAGE INTRODUCTION: Members of the Madera County Grand Jury visited the County’s Central Garage on May 9, 2005. FINDINGS: The committee began the visit at the County Administrative Center with an interview with the Assistant Administrative Officer for Madera County. His duties include the overall supervision of the Central Garage. The committee then visited with the garage supervisor who took us on a tour of the facility. The total fleet is approximately 350 vehicles of various sizes and descriptions. Vehicles assigned to the Road Department do not fall under the purview of the Central Garage but are dispatched and maintained at the Road Department vehicle maintenance garage on Almond Avenue. The purchase of new/replacement vehicles comes from the County Budget, General Fund or from funds received through a grant. Some departments have a mix of both grant and General Fund vehicles. When grant obtained vehicles are fueled and/or maintained by the Central Garage, the departments to which they are assigned are charged the actual cost for the services received. Departments that operate vehicles obtained through the General Fund budgetary process and dispatched by the Central Garage are charged a flat rate-per-mile. This cost is included in each department’s budget. Vehicle accidents/damage are investigated by the appropriate law enforcement agency and reviewed by the Risk Management Analyst. Further investigation may be done if warranted. Vehicles are replaced on a mileage basis and damaged vehicles are replaced if the cost of repairs is excessive. New vehicles are purchased using a state contract. The State receives a bid from a vendor for a certain type vehicle. Counties can then purchase the same type vehicle at the same price the dealer charges the State. Tires are also purchased under a similar state contract. Local purchase of vehicles is seldom used and then only on a bid type procurement. The Assistant Administrative Officer has introduced a cost avoidance program which permits departments to use rental cars for out of town/overnight travel. Page 2 Central Garage Final Report The cost of using the rental cars is less than the rate the Central Garage charges per mile. Also, the added benefit of the rental car company delivering the car to the employees residence precludes leaving a personal vehicle in a unsecured parking lot or someone providing for the employee transportation to the Central Garage for a fleet vehicle. This outstanding management action should result in significant savings for the County. The Central Garage tracks the vehicles’ mileage by department, vehicle number,mileage, amount of fuel used, date and signature of employee. Entries must be made each time a vehicle is refueled. These logs are used to schedule maintenance. All Central Garage vehicles, with the exception of the Sheriff’s Bass Lake substation, are refueled at the Central Garage. The Bass Lake Sheriff’s vehicles are refueled at the Bass Lake Substation. The County has purchased six natural gas powered vehicles in an effort to reduce pollution and preserve petroleum resources. The cost of natural gas is approximately 40 cents per gallon below the current price for gasoline. The County purchases the natural gas vehicles at a cost of only 2% of the total purchase price with the balance coming from the Air Pollution District. The problem with the natural gas vehicles is they have a very short range of travel and refueling stations are not convenient for long trips. New vehicles that will be Sheriff’s patrol cars are prepared for service by the Central Garage. Included are the top mounted light bar, safety cage and communications equipment. Decals are placed on the vehicles through an agreement with the Tulare County Sheriff’s Department. The back gate entrance to the Central Garage parking area has an entry key pad which allows, with the proper code, to open the security gate after regular hours to pick up/return pool vehicles eliminating numerous sets of keys being issued. The Central Garage has used inmate labor in the past to wash and clean vehicles, however this practice is no longer available. Garage staff and operators are responsible for washing the County vehicles themselves. Bass Lake Sheriff’s Deputies wash their own vehicles. CONCLUSIONS: The Central Garage, under the current leadership, should be rated as outstanding, conservative and frugal in budget management and operations. Madera County taxpayers should be proud of this operation in providing the best support to all County departments. Page 3 Central Garage Final Report RECOMMENDATIONS: County vehicles should always be maintained in a clean, presentable condition, not only to demonstrate pride in the County but to display to others that the vehicles are being cared for properly. The necessity for clean vehicles is very important, therefore it is recommended: • The Central Garage be provided with an automatic vehicle washing system. • The Bass Lake Sheriff’s Sub-Station be provided with a gas powered, upscale pressure washer. RESPONSE REQUIRED: County Assistant Administrative Officer Madera County Sheriff Board of Supervisors 2005-2006 Madera County Grand Jury P. O. Box 534 Madera, California 93639-0534 (559) 662-0946 THE 2005-2006 MADERA COUNTY GRAND JURY FINAL REPORT ON THE DENIAL OF VARIANCE TO ALLOW EXCESSIVE LENTH-TO-WIDTH LOT RATIO INTRODUCTION; Members of the grand jury were requested to look into the denial of a variance to allow the creation of parcels in the length-to-width ratio, which would exceed the maximum allowed by ordinance. The property is located at the North/East corner of Hwy 41 and Hummingbird Lane in Coarsegold (see attachment 1). FINDINGS: The environmental assessment by the provisions of the California Environmental Quality Act (CEQA), section 15061 (b )(3), and, the Madera County Environmental Evaluation Guidelines, the county has determined that this project will not have a significant effect on the environment and is exempt from CEQA. The property involved in this proposal is not subject to a Williamson Act (Agricultural Preserve) contract. The applicants have proposed the division of the subject property. Each of the proposed parcels exceeds that maximum length-to- wide ration permitted by zoning ordinance (County Code 18.34.04 oc). A request for a variance from the ordinance provisions has been submitted to allow the continued processing of the parcel map. Under the provisions of the county code chapter 18.106, five findings must be made in order to approve the variance request. The applicant’s surveyor has provided information in support of the request. The required five findings are as follows: • There are exceptional or extraordinary circumstances or conditions applying to the land, building, or use referred to in the application which circumstances or conditions do not apply generally to land, buildings, and for uses in the same zoning district. • The granting of the application is necessary for the preservation and enjoyment of substantial property rights of the petitioners. • The granting of the application will not materially affect the health or safety of persons residing or working in the neighborhood. • The granting of the variance shall not constitute a grant of special privileges inconsistent with the limitations upon the other property in the vicinity and zone. • Because of special circumstances applicable to subject property, including size, shape, topography, location, or surroundings, the strict application of the zoning ordinance would deprive the subject property of privileges enjoyed by other properties in the vicinity and under identical zoning classifications. CONCLUSION: It appears the division of the property will not improve its use commercially due to additional setbacks required from newly created property lines. The future plans indicate that Hwy 41 will need to by widened in the subject area. Because the property is on a curve, a deceleration area prior to any driveway would be required to lessen a dangerous traffic situation. The many issues included in the length-to-wide ratio, minimum average lot width, additional set back requirements and the future of Hwy 41 in the area makes approval of this request unacceptable as submitted.
• CL2
  Establish a petty cash fund for low cost emergencies with receipts. RESPONSES REQUIRED: • Madera County Juvenile Detention Facility Superintendent • Madera County Probation Department • Madera County Board of Supervisors 2005-2006 Madera County Grand Jury P.O. Box 534 Madera, California 93639-0534 (559) 662-0946 THE 2005-2006 MADERA COUNTY GRAND JURY FINAL REPORT OF THE MADERA COUNTY LIBRARIES INTRODUCTION: On March 23, 2005 the County Committee of the Grand Jury visited the Madera County libraries in Madera and Chowchilla. FINDINGS: Like many other agencies the libraries are short of funding. The facilities are too small and there are issues with maintenance. An exception is the new Chowchilla Branch. The libraries are understaffed and more books are needed. Volunteers can only be used to a certain extent because there is a significant amount of confidential information in the computer system. As a result of budget cuts, operating hours and days have been decreased approximately 20 hours. In 2004 approximately $10,000.00 worth of books were lost and either never returned or destroyed. Fines are imposed for overdue books and when the fine amount exceeds the value of the book, the borrower is listed on their computer network as an unauthorized user. Ultimately the overdue fines are sent to collections and the monies recovered go to the County General Fund. We found safety issues to be in compliance, such as: five legs on secretarial chairs and exit signs lighted. Those signs that were one foot off the floor were also lighted and visible. CHOWCHILLA LIBRARY: While conversing with the Chowchilla librarian, the Grand Jury learned that $8,000.00 to purchase the security gates and the $3,000.00 for the demagnetizer was earned by the “Friends of the Library” by selling prepared lunches or dinners to the community. Funds from this fund-raising committee purchased a new computer system and books. The summer reading program is quite impressive. The story-teller dresses in costume for “story time”. This year 230 youngsters attended this event. The summer reading program offers prizes - $5.00 in gifts for five books read and the gifts can be accumulated. The books read by a child are monitored and listed by the mother. The Grand Jury learned of an eight year old who read 300 books. Her mother checks out 20 books at a time for her to read. Page 2 Final Report/Libraries This year 3,000 books were checked out which is double last year’s count. Children cut out pictures of service men, bring them to the library and explain to the group what these men do. Foreign Exhange students use the computers to send and receive e-mail from their native countries. The library will teach inquiring students or citizens how to use the computers. This library is short staffed by one part-time person. MADERA LIBRARY: The safety features were in compliance. The librarian requested a voice mail system to handle incoming calls requesting basic information such as operating hours and location. This request had been denied previously in favor of a “personal touch”. Unfortunately this only added to the problem created by understaffing. The Madera Branch is also in need of a security patrol due to a high volume of undesirables frequenting the area, sometimes inside the library. Building maintenance such as repairs, painting and windows need to be addressed. The contract maintenance firm does not do an adequate job. The former maintenance firm was discontinued due to unacceptable work and the current maintenance firm hired the employees from the former company resulting in the same conditions. The overall management by the Madera County Library Staff was knowledgeable and efficient, but they need more funding.
• CL3
  We recommend that funds collected from fines be returned to the respective libraries and not the General Fund. RESPONSES REQUIRED: Madera County Head Librarian Chowchilla Librarian Madera Board of Supervisors Madera County Sheriff’s Department Zak’s Security 2005-2006 Madera County Grand Jury P.O .Box 534 Madera, California 93639-0534 THE 2005-2006 MADERA COUNTY GRANDJURY FINAL REPORT ON THE MINI STORAGE FACILITIES AND SEGMENTAL RETAINING WALLS IN COARSEGOLD INTRODUCTION: In response to complaints regarding the segmental retaining walls at the “2-T’s mini storage facility located at the intersection of Road 415 and Hwy 41 in Coarsegold, members of the grand jury were tasked to verify the retained heights and to observe the localized cracking and “bulging” of the lowest retaining wall blocks. FINDINGS: The hillside is retained by a total of three (3) segmental walls that terrace up the hillside. The lowest retaining wall is approximately 19 to 20 feet in height; middle wall is set back approximately 3 feet behind the top of the lowest wall and retains about 11 to 12 feet. The upper retaining wall is approximately 6 feet behind the top of the middle wall and retains approximately 10 feet. The hillside then slopes up from the top of the upper most wall at an assumed 2:1 (horizontal/vertical) slope. The slope then levels to the storage facility. The 1st storage building is located approximately 2 feet from the top of the slope. Many block units are cracked along the front face of the wall. The majority of the cracks occur at the lower retaining wall, although, cracks were not limited to this area. The most sever cracking has occurred at the location where a bulge in the wall is quite visible. The bulge appeared to occur at the tallest6 section of the retaining wall just prior to its slope up the hillside. The bulge begins at the 2nd course of blocks from the bottom and extends up the wall several courses for a length along the wall of approximately 8 to 10 feet. It appears to protrude 6 to 8 inches maximum beyond the face of the bottom course. The Madera County Planning Department told Grand Jury members that the retaining wall was not constructed in accordance with the approved plans. Subsequently the wall was constructed 4 feet 6 inches onto the adjoining property. At the time of this report the Madera County Planning Department will not issue a certificate of occupancy until the corrections are made. The causes of the block fracturing and wall bulging include: - Improper engineering - Improper construction - Defective materials (i.e. green blocks) - Build up of hydrostatic pressure behind the wall (moisture) - The first course of block at the base of the bulging wall was “keyed” into the base footing through the use of wedge anchors or “redheads”. Thus, the bottom course could not move horizontally with the rest of the wall causing the bulge to occur at the courses above. - Some slack was left in the “geogrid” behind the wall. This slack would allow the horizontal movement of the wall. - The storage building at the top of the hillside is applying additional pressure on the lowest retaining wall. It is unknown if this was taken into consideration in the design of the segmental walls. - In a complete wall failure, the likelihood is that the whole hillside will come down causing disruption of traffic within the area of Hwy 41 and Road 415. - According to the manufacture, this type of block requires a minimum of 21 days drying time. These blocks were used in constructing the wall 7 days after they were made. - Construction was not started on a firm foundation of bed rock. CONCLUSION Segmental walls are designed and constructed with reinforcing grids (“Geogrids”) that extend into the hillside behind the wall. This was not done per the approved plan. - Rock-dowels have been designed for overturning resistance to sliding of the wall, but this has not been done. Providing another row of rock dowels along the toe of the footing would resist the sliding forces of the wall. - Determining the cause of the cracking and bulging may be appropriate action, but will not change the fact that some form of retrofit or shoring is necessary to insure the future stability of the hillside. - The builder erred when his surveyor used the wrong property marker and subsequently constructed the wall on 4 feet 6 inches of the adjoining property. - The Madera County Building Division wrote correction notices for work that was not in compliance with the approved plans. The builder has not come into compliance at the time of this report.
• CL4
  The office also handles: - Juvenile delinquency cases - Juvenile dependency cases - Family support cases - Conservatorship cases 6. In 2004 the main office handled 5,986 cases while the M.A.D. handled 737 cases. The private contractor handled 276 cases (See attachment 1).
• CL5
  The firm performs the services for a flat fee paid by the county.
• CL6
  Once the case is assigned, the attorney contacts the client whether in or out of custody. They then determine whether or not an investigation is necessary. If so, it is done by the investigators on staff.
• CL7
  Each attorney interacts with the Madera County District Attorney’s office to determine the disposition of each case.
• CL8
  The vast majority of cases are resolved by mutual agreement, i.e. plea- bargaining. When such as disposition is not available, the firm will proceed to trial on behalf of their client.
• CL9
  The attorneys represent the client from arraignment through sentencing.
• CL10
  Attorneys must assure that the client’s rights have not been violated and all provisions of the U.S. and California Constitutions have been followed.
• CL11
  The firm maintains a panel of attorneys who are qualified to handle death penalty cases. CONCLUSIONS: 1. The attorneys comply with legal education requirements of the California State Bar Association.
• CL12
  This animal care policy, known also as the Hayden Bill, has established policies regarding euthanasia. After an animal has entered the shelter for the required holding period, it is then determined to be available for either adoption or euthanasia. The stray holding period for dogs and cats is five working days. The stray holding period for feral (wild or undomesticated) dogs and cats is three working days. Livestock are held for 14 working days. Other pets such as birds, rodents, rabbits, etc. are also held for five working days. Animals with known owners are held for 10 days and those under protective custody (to be used as evidence) can remain in the care of the shelter for an extended period of time. A summary of the complaints alleging cruelty to animals is as follows: • Sick and injured dogs not taken to a vet or put down. These included dogs shot and mortally wounded, dogs that had been run over, and dogs with bleeding due to prolapsed uterus. • Feral cats kept all night without food or water because they were to be put down the next day. • A cat with a litter of kittens kept in a drop cage without food or water. • Dogs kept tied in the main office because no one was available to take the animal back to a kennel. Page 2/Final Report/Animal Shelter Cruelty • Animals left in the drop cages all day with no food or water. They don’t always learn to use the provided spigot to drink or are too small to reach the spigot. • Other complaints included a need for safety equipment for animal control officers i.e. winches for loading deer and safety lights on vehicles. The rendering plant usually comes each Monday to pick up the dead animals. They sometimes come twice a week if there is a need to do so. Approximately 30 or more animals are euthanized each day. The Director at the time of these complaints was the only one to authorize putting an animal down. This policy has been amended to allow the senior certified animal control officer on duty to authorize and/or perform euthanasia. The Animal Shelter expenditures have increased in excess of $60,000 per year since 2001/2002, while animal license revenue has declined since 1993/1994. The number of licenses issued in 1992/1993 was nearly 60,000 while in 2003/2004, the number was a little less than 30,000; a dramatic drop in the public’s responsibility. Total impounds have gradually increased and in the last five years have exceeded 8,000 animals per year. The County Administrator has met with the employees and volunteers of the Animal Shelter and with the Director. He or his designee has been making weekly visits since that time. Members of the Grand Jury upon visiting the Animal Shelter did not observe the complaints that have been reported. However, observations were not made on a daily basis. While crowded conditions were observed, the pending shelter expansion should alleviate, at least temporarily, the overcrowding. CONCLUSIONS: It appears that adequate guidance was available to the staff of the Animal Shelter regarding the humane processing, handling and disposition of the animals entering the facility. While none of the complaints were personally observed by Grand Jury members, other than overcrowding, the number of similar complaints received indicates a problem existed. Hopefully, the County Administrators intervention has resolved the problem. Animals must be treated humanely from initial entry to the Animal Shelter until either adopted or euthanised. It should be noted that personnel managing, employed by or volunteering their time within this facility are a very special group. Handling stray, injured and unwanted animals of all sizes on a daily basis requires special caring people. Page 3/Final Report/Animal Shelter Cruelty RECOMMENDATIONS: • Educate the general public on the practice of altering and licensing pets. • Insure that all Animal Shelter staff are adequately trained. County officials should periodically visit the facility on a no-notice basis to insure that Madera County Animal Control policies are being satisfactorily applied. • Expedite the completion of the Animal Shelter expansion. • The 2006-2007 Grand Jury is charged to continue to review the policies and procedures at the Animal Shelter. • Ensure that renewal notices be sent to pet owners annually. RESPONSES: Madera County Animal Shelter Madera County Administrator Board of Supervisors Friends of the Madera Animal Shelter County of Madera Department of Animal Control 14269 Road 28 Madera CA 93638 MCAS (559) 675-7891 FAX (559) 675-'7617 REMEMBER TO SPAY AND NEUTER April 18, 2006 TO : 2005 Madera County Grand Jury FROM: Kirsten Gross Director of Animal Control SUBJECT: Response to Grand Jury 2005 Final Report The Grand Jury Final Report on complaints of cruelty to animals at the Madera County Animal Shelter was received by our office. Several recommendations were made pursuant to that report; Recommendation #1 – Educate the general public on the practice of altering and Licensing. This recommendation has been implemented. • Departmental instruction to the staff has always promoted the need to educate each individual that they come in contact with regarding the humane treatment of animals, licensing, altering their pets and more. These efforts have produced an improved awareness in our community regarding animal issues. • In conjunction with Friends of Madera Animal Shelter volunteers, we have provided speakers, humane education books, and educational materials to Thousands of students, several civic organizations, and other groups in our community. Education is our primary focus. These efforts have proven to be successful and well accepted in our community as the requests for these services surpass our ability to provide them. • We continuously promote the spaying and neutering of pets and are providing Assistance to customers with low income. Thespay/neuter program that is administered by F.M.A.S. covers most of the fees for spay/neuter services.
• CL13
  Express an Interest in the Fire Department
• CL14
  Nominated by their Counselor
• CL15
  Reviewed by the Unit Classification Committee
• CL16
  Reviewed by the Institutional Classification Committee
• CL17
  Approved by the Warden
• CL18
  Interviewed and Approved by the Fire Department Once assigned to the fire department, the inmate must meet critical performance standards before becoming a firefighter. • Inmate firefighters live at the fire department • Duty Hours are Monday through Friday, 0600 – 1500 • Provide emergency response on a 24/7 basis, on call basis on weekends • Understand and follow firefighter safety requirements • Mandatory physical fitness training • Operate all power tools • Operate breathing air compressor • Operate apparatus pumps • Perform vehicle checks • Operate the “Jaws of Life” • Earn CPR/AED Certification • Learn to Re-Service Fire Extinguishers Page 3 Final Report/CCWF Fire Department From 1995 through 2004, inmate fire crews have made 2,300 emergency responses and performed over 7,000 hours of community service. CONCLUSIONS: The attitude of the inmate firefighters was superior. They were eager to assist and were very enthusiastic about their responsibilities and very proud of what they do. The firefighters are respected and admired by their peers outside the prison system by citizens who have benefited by their expertise in emergency situations. Upon questioning by the Grand Jury Members, the inmates were well versed and knowledgeable in all areas of firefighting. They also said they had benefited in this program in areas other than firefighting such as self- confidence, mental outlook and hopes for their futures.
• CL19
  • The airport has a Storm Water Pollution Prevention Plan (SWPPP) as required for environmental protection. The airport is required to collect storm water and ground water at strategic locations and have these collections analyzed. • Ten year study (1983-1993) of locations of airport accidents in the United States. See attachments 1 and 2. CROP DUSTING OPERATION: • The operation maintains the following equipment: - 3 crop duster aircraft - 2 helicopters - 1 Cessna people aircraft • The primary aircraft has a 1000 Horsepower engine that uses 35 – 40 gallons of fuel per hour and holds 660 gallons of pesticide which can spray a 50’ wide path at a time. • 50% of the spraying is done by helicopter and the ideal time to spray is when the wind is blowing from 2 – 10 MPH. No wind at all is a bad time to spray. • It costs $12.00 an acre for customers to have their property sprayed. This is in addition to the customer paying for the chemicals to be applied. • Aircraft are filled with pesticide at the airport but helicopters land on a ramp on top of a truck and are filled in the field where they are spraying. Page 3/Final Report/Muni Airport • Pilots are licensed by the FAA. However, new helicopter pilots are hard to find because it costs $60,000 to obtain a license to fly them. • The concrete pad associated with the spill recovery is not a wash pad. The system is designed for accidental spills. Intentionally dumping a full load on the pad is not permitted. The chemicals can be pumped out of the aircraft back into the mix tank. If the aircraft is safe to fly, the load could be spayed on the customer’s field. • The County Agricultural Commissioner who reports results to the State and Federal Government inspects the facility at least once a year. CONCLUSIONS: • The airport is a separate enterprise that generates its own revenue for operations and maintenance. In addition it receives grants from the FAA for major projects such as strobe lights. • The airport is a well operated and managed facility.
• CL20
  Karaoke Nights Page 2/Final Report/Parks and Community Services • Older Adult Services Division This Division provides services for countywide senior citizens 60 and older. The emphasis and purpose is to create opportunities for social contacts, recreation, nutritious meals, special outings and health services. The Senior Nutrition Program is funded by the Fresno-Madera Area Agency on Aging, client donations, Madera County, City of Chowchilla, City of Madera and citizen’s donations. The Senior Nutrition Program offers participants a balanced hot meal Monday through Friday. Seniors 60 or over that are unable to leave their homes may be eligible for home delivery of meals. This program is called “Meals on Wheels” and provides the same meal served on the Senior Nutrition Program as the one delivered to their home. The Frank Bergon Senior Center and the Pan-American Community Center offers current information regarding services available to seniors. The Centers are prepared to assist in the areas of tax assistance, housing information, agency referrals and public information. An Adult Day Care and Respite Center for caregivers to care for a loved one for the day, is also part of the Division. There are arts and crafts, exercise, and many other activities for older adults. • Special Needs Adult Program This program offers recreation activities for developmentally disabled adults. The adults participate in various activities such as movies, bowling, pizza parties and dance classes. The program is held at the Frank A. Bergon Senior Center in Madera. • Golf Course Division The Madera Municipal Golf Course is a meticulously manicured 18-hole championship course designed for golfers of all ages and skill levels. It had its grand opening on June 7, 1991. It is located west of Highway 99 at the intersection of Avenue 17 and Road 23. The design reflects imagination and an understanding of what golfers look for in their favorite golf course. It has a reputation for having the best greens in the central valley. The course is open every day of the year except Christmas day. The golf course staff maintains the course and grounds and takes great pride for quality conditions at competitive prices. The course plays a challenging 5,400 yards from the white tees and 6,900 yards from the championship blue tees. It has a country club atmosphere and a friendly professional staff to make your day a pleasurable one. Page 3/Final Report/Parks and Community Services CONCLUSIONS: The Parks and Community Services Department has a wide range of responsibilities and services that are provided to all residents of the City of Madera. It publishes The Leisure-Up brochure twice a year that lists all of the activities, classes and special events for each season. The brochure is available at various locations within the city such as the Library, Housing Authority, Chamber of Commerce, City Hall and Madera Unified School District in addition to the Parks and Community Services Department.
• CL21
  Detectives- 5 officers and 1 Sergeant
• CL22
  MADNET (Madera Narcotic Enforcement Team) – 1 officer
• CL23
  Gang Task Force – 1 officer
• CL24
  Housing Authority – 1 officer
• CL25
  Madera Unified School District -2 officers
• CL26
  Crime Prevention – 1 officer
• CL27
  Personnel & Administration - ! Sergeant
• CL28
  Training -1 Sergeant The average annual cost for salary and benefits for a sworn officer is $95,000 to $100,000, which includes retirement. Most of the salary and benefits are paid out of the general fund budget, with the exception of the School officers and the Housing Authority Officer, which are paid by contract with respective agencies. The Gang Task Force was spearheaded by the Madera Police Department. The Madera County Sheriff’s Department was somewhat slow to recognize the contribution of local gangs to the counties crime picture and the connection of gang crime patterns between the City and County. After much work with the county and state agencies, the Gang Task force was achieved. The California Department of Justice provides supervision of the unit. All agencies involved are contributing funds and personnel. The city has provided 1 officer. Some of the funding comes from State and Federal Grants. In fiscal year 2004 the 5 murders in the city were gang related. CONCLUSION: The Grand Jury found that the police department is being operated to the best of its abilities considering the resources at its disposal, including a shortage of personnel and funds. The County has supplied $230,000 to implement the gang task force.
• CL29
  That the Madera County Planning and Engineering Department insure the final expansion plans are adequate for today’s animal populations and meet all state and Local requirements.
• CL30
  Ground burials-single and double depth
• CL31
  Indoor and garden mausoleums- single and companion
• CL32
  Glass, bronze, and marble front niches
• CL33
  Garden cremation areas
• CL34
  Saturday morning services
• CL35
  An outdoor chapel for services in a garden setting
• CL36
  Pre-need arrangements plans with a 1 to 3 year financing and a $50.00 minimum down payment
• CL37
  Pre-need prices are locked in at the time of purchase A plot map is maintained for each of the cemeteries. These maps are checked weekly for accuracy and when a new internment is made. The State of California audits the cemetery district annually and the report is sent to the state controller. Care and maintenance for the cemeteries is funded by property taxes, the endowment fund, and other associated charges (see attachment 1). The cemetery districts financial records are public record and can be reviewed. CONCLUSION: NONE
• CL38
  The Central Garage be provided with an automatic vehicle washing system.
• CL39
  The Bass Lake Sheriff’s Sub-Station be provided with a gas powered, upscale pressure washer. RESPONSE REQUIRED: County Assistant Administrative Officer Madera County Sheriff Board of Supervisors 2005-2006 Madera County Grand Jury P. O. Box 534 Madera, California 93639-0534 (559) 662-0946 THE 2005-2006 MADERA COUNTY GRAND JURY FINAL REPORT ON THE DENIAL OF VARIANCE TO ALLOW EXCESSIVE LENTH-TO-WIDTH LOT RATIO INTRODUCTION; Members of the grand jury were requested to look into the denial of a variance to allow the creation of parcels in the length-to-width ratio, which would exceed the maximum allowed by ordinance. The property is located at the North/East corner of Hwy 41 and Hummingbird Lane in Coarsegold (see attachment 1). FINDINGS: The environmental assessment by the provisions of the California Environmental Quality Act (CEQA), section 15061 (b )(3), and, the Madera County Environmental Evaluation Guidelines, the county has determined that this project will not have a significant effect on the environment and is exempt from CEQA. The property involved in this proposal is not subject to a Williamson Act (Agricultural Preserve) contract. The applicants have proposed the division of the subject property. Each of the proposed parcels exceeds that maximum length-to- wide ration permitted by zoning ordinance (County Code 18.34.04 oc). A request for a variance from the ordinance provisions has been submitted to allow the continued processing of the parcel map. Under the provisions of the county code chapter 18.106, five findings must be made in order to approve the variance request. The applicant’s surveyor has provided information in support of the request. The required five findings are as follows:
• CL40
  There are exceptional or extraordinary circumstances or conditions applying to the land, building, or use referred to in the application which circumstances or conditions do not apply generally to land, buildings, and for uses in the same zoning district.
• CL41
  The granting of the application is necessary for the preservation and enjoyment of substantial property rights of the petitioners.
• CL42
  The granting of the application will not materially affect the health or safety of persons residing or working in the neighborhood.
• CL43
  The granting of the variance shall not constitute a grant of special privileges inconsistent with the limitations upon the other property in the vicinity and zone.
• CL44
  Because of special circumstances applicable to subject property, including size, shape, topography, location, or surroundings, the strict application of the zoning ordinance would deprive the subject property of privileges enjoyed by other properties in the vicinity and under identical zoning classifications. CONCLUSION: It appears the division of the property will not improve its use commercially due to additional setbacks required from newly created property lines. The future plans indicate that Hwy 41 will need to by widened in the subject area. Because the property is on a curve, a deceleration area prior to any driveway would be required to lessen a dangerous traffic situation. The many issues included in the length-to-wide ratio, minimum average lot width, additional set back requirements and the future of Hwy 41 in the area makes approval of this request unacceptable as submitted.
• CL45
  The live scan fingerprint model needs to be updated. It would then have a palm scan and DNA identification.
• CL46
  Hire and train staff to fill all authorized and funded positions.
• CL47
  A policy should be put in place where information can be passed on from one shift to another.
• CL48
  Reinstate the outside work program. RESPONSES REQUIRED:
• CL49
  Madera County Correctional Superintendent
• CL50
  Madera County Board of Supervisors
• CL51
  Madera County Probation Department 2005-2006 Madera County Grand Jury PO Box 534 Madera, California 93639-0534 (559) 662-0946 THE 2005-2006 MADERA COUNTY GRAND JURY FINAL REPORT ON THE INTERACTIONS AND COOPERATION BETWEEN THE MADERA COUNTY DEPARTMENT OF SOCIAL SERVICES, CHILD WELFARE SERVICES AND THE CHUKCHANSI INDIAN TRIBE. INTRODUCTION: California has the highest population of Indian children in the nation. Madera County and surrounding counties are home to the largest group of Indians in the State with 63 tribes and approximately 35 village sites between Stockton and Bakersfield. (See attachment #1.) The interaction and cooperation between the County Social Services Department and Indian tribes in Madera County is crucial in providing culturally sensitive services to Indian families. FINDINGS: Since 2003, members of the Grand Jury have met and worked with the Department of Social Services and the Chukchansi Tribe Indian Child Welfare Act (ICWA) Coordinator to help culminate the following improvements:
• CL52
  The Department of Social Services (DPSS), Child Welfare Division Department, now has a designated ICWA representative who deals with issues regarding the Indian Child Welfare Act of 1978 (ICWA) and communicates directly with the Chukchansi ICWA Coordinator plus the North Fork ICWA Coordinator.
• CL53
  The Madera County Child Welfare Services is an active member of the Central Valley Indian task force. In June 2005, together with the Chukchansi Tribe, North Fork Rancheria, Santa Rosa Rancheria, Fresno County DPSS and other task force members, hosted the State ICWA Conference in Visalia, California.
• CL54
  On November 9, 2005, members of the Grand Jury met with the ICWA Representative from DPSS and the ICWA Coordinator for the Chukchansi Tribe at which time each agency submitted letters of approval regarding the Grand Jury Final Report. Page 2/Final Report/DPSS, CWS, and ICWA
• CL55
  The ICWA representative from DPSS Child Welfare Services and the ICWA Coordinator have agreed that the latest issues concerning Indian children have been dealt with efficiently to assure the appropriate outcome for the best interest of the Indian children.
• CL56
  As a result of a recommendation by the Grand Jury concerning military recruiters and Indian children the ICWA Coordinator of the Chukchansi Tribe stated that Indian children completing the boot camp program has shown very favorable improvements. These include self-discipline, respecting others, following directions from others and greater self-confidence. Military recruiters have been offering Indian children information about opportunities available in the armed services upon their Boot Camp completion.
• CL57
  In the effort to find more Indian adults to become foster parents and provide more homes for Indian children, the ICWA Coordinator is working hard to achieve this by finding tribal members who are employed at the Chukchansi Casino who already have the required clearance needed to become a foster parent. Foster homes in the future will benefit Indian children who need assistance.
• CL58
  On December 1, 2005, members of the Grand Jury, along with the representative from the North Fork Mono Rancheria, met with the Madera County ICWA Representative, the ICWA Coordinator for the Picayune Rancheria of the Chukchansi Indians to discuss ongoing activities and ideas to achieve progress in providing Indian children and Indian families with the support and means to overcome any issues they may encounter.
• CL59
  A Form JV130 is currently being used by Child Welfare Services (CWS) for parents to complete when a child is detained to determine if the child is of Indian heritage.
• CL60
  The Madera County Probation Department is working effectively with both the Chukchansi and North Fork Rancheria tribes.
• CL61
  A new Indian Community Center, located in North Fork will be opening in January and will be sharing services with the Chukchansi Tribe. Page 3/Final Report/DPSS/CWS/ICWA CONCLUSION: In the effort to ensure that Indian children and Indian families are provided with the culturally sensitive services they might need, the Grand Jury would like to commend the efforts and progress made over the past year by the ICWA Representative of DPSS and the ICWA Coordinator of the Chukchansi Tribe. The Tribe would like to see more foster homes as well as schools on Indian Reservations. At a symposium in Visalia which consisted of members from all over the State in Law Enforcement, Judicial Members, Indian Tribal Leaders and prosecutors, they were immensely impressed with the fact of how well the Indian tribes and the Madera County Grand Jury were working together for the benefit of all parties concerned. All the tribal representatives informed us that are unheard of anywhere else in the State.
• CL62
  The Tribe needs a social director
• CL63
  Parenting classes for Indian issues would be beneficial to all parties
• CL64
  Get Indian children involved in sports
• CL65
  CWS could use conference calls for staffing saving travel expense. RESPONSES:
• CL66
  Chukchansi ICWA Coordinator
• CL67
  Child Welfare Services/ ICWA Coordinator
• CL68
  Board of Supervisors 2005-2006 Madera County Grand Jury PO Box 534 Madera, California 93639-0534 (559) 662-0946 THE 2005-2006 MADERA COUNTY GRAND JURY FINAL REPORT OF THE MADERA COUNTY JUVENILE BOOT CAMP INTRODUCTION Members of the Madera County Grand Jury toured the Madera County Juvenile Boot Camp on March 11, 2005 pursuant to Penal Code Section 925 charging all grand juries to investigate “county offices, departmental functions, operations, accounts and records, investigations and reports”.
• CL69
  The Superintendent should be granted the funding for adequate staffing.
• CL70
  Update the live-scan fingerprint system.
• CL71
  The main office has 7- ½ attorneys, 1- ½ investigators and 3 clerical employees.
• CL72
  The Madera Alternate Defense (MAD) has 4 attorneys, 1 investigator and 1- 1/2 clerical employees.
• CL73
  The firm contracts with four independent attorneys when one of the other offices cannot handle a case due to a conflict of interest.
• CL74
  The attorneys handle a variety of cases. The majority are criminal cases and most are misdemeanors.
• CL75
  In 2004 the main office handled 5,986 cases while the M.A.D. handled 737 cases. The private contractor handled 276 cases (See attachment 1).
• CL76
  The attorneys comply with legal education requirements of the California State Bar Association.
• CL77
  The firm provides seminars four times a year for their attorneys.
• CL78
  The firm is responsible for all costs of doing business, i.e.- rents, salaries, benefits, and insurance.
• CL79
  The county pays only the annual fee in monthly installments.
• CL80
  Sponsoring a student-nursing program.
• CL81
  Acquiring a $600,000 federal grant during the last 3-years for the nurses training program.
• CL82
  Automating hospital patients’ medical records so that hospital staff has this information available as needed.
• CL83
  The new emergency department facility to serve the emergency medical needs of the community.
• CL84
  Acquiring and maintaining a Magnetic Resonance Imaging Appratus (MRI), thus eliminating the need to have patients travel elsewhere to receive this service.
• CL85
  Going to a partially self-insured workers compensation program, which saved approximately $1.5 million over a 3-year period.
• CL86
  Maintaining a good hospital volunteer program that assists in the smooth functioning of the hospital and together with the Madera Community Hospital Foundation raises $100,000 for specific hospital equipment.
• CL87
  Providing free childcare services for parents while parents receive medical services at the hospital.
• CL88
  The Board of Trustees seek out and recommended for appointment to the Hospital Board, candidates who represent all areas of Madera County.
• CL89
  The hospital carry out an intensive study on the feasibility of seismic retrofit and/or the building of new hospital facilities including projections of anticipated population growth and facility needs with a timeline for planning and phasing in facility improvements.
• CL90
  Nurses’ medicine supply carts be kept locked and that medical supply rooms with coded keyed locking entry systems be kept locked.
• CL91
  The Chief Financial Officer take a more active role in seeking out and securing higher interest rates on investments of hospital funds. Also, do a comprehensive analysis of bank interest rates to insure the highest safe interest income for the hospital and report the findings of the accounts on a monthly basis.
• CL92
  Remove all combustible materials piled up above the storage shelving in the hospital pharmacy.
• CL93
  Make an effort to find adequate and proper storage of hospital equipment.
• CL94
  The emergency room entry doors to be automated to provide easy access and to allow those fire doors to be kept closed.
• CL95
  Raise the salary of current nurses, provide bonuses to attract new nurses and continue to provide improved benefits,
• CL96
  Continue to support the student-nursing program and advertise the availability of the program.
• CL97
  The hospital contact their former nurses with questionnaire to determine whether the reasons they left related to: o Personnel problems o Administrative problems o Lack of opportunities for advancement o No system for addressing grievances o Improper or dangerous hospital procedures o Poor working conditions o Salary and benefits o Other conditions the hospital should address
• CL98
  Contact the California Department of Transportation and seek additional signage along the highway to help direct traffic to the hospital entrance.
• CL99
  Improve hallway and nurses’ station lighting on the second floor.
• CL100
  Department of Health and Human Services follow-up periodically to ensure that the hospital has actually made the corrections of deficiencies that the hospital stated it had corrected. RESPONSES: Madera Community Hospital Board of Trustees Madera County Board of Supervisors California State Department of Health and Human Services Health Care Financing Administration California Department of Forestry (Madera City Fire Department) Chief Executive Officer of Madera Community Hospital 2005-2006 Madera County Grand Jury PO Box 534 Madera, California 93639-0534 (559) 662-0946 THE 2005-2006 MADERA COUNTY GRAND JURY’S FINAL REPORT ON CITIZEN COMPLAINT FORM FILED BY HOMEOWNERS OF THE HOME RANCH ESTATES IN MADERA INTRODUCTION The Madera County Grand Jury received a Citizen Complaint signed by 48 homeowners of Home Ranch Estates stating that from 2002 to the present time, they were told a full recreation park including ball fields, volleyball courts, basketball courts and picnic area would be constructed. The homeowners state that the builder advertised the park as such when they purchased their house. They also stated that they paid a development fee towards this park. The complaint states they either want the park built as advertised or the money they paid in fees to build the park returned to them.
• CL101
  The City of Madera will not be able to construct the park as advertised by Berry Construction.
• CL102
  The fees collected for Parks and Recreation go into the Department’s Capital Impact Fund and can only be used for City Parks and Recreation capital projects and when collected are not designated for a specific project. .
• CL103
  The prison facility has a pleasant appearance and is well maintained. The buildings are modern and the grounds are immaculate.
• CL104
  The Grand Jury greatly appreciated the cooperation of the complete staff during their visit, especially the representative of the Warden’s office. They particularly appreciated that they were allowed to interview inmates on a 1-1 basis without supervision.
• CL105
  The Yosemite Union High School District Board of Trustees should ensure improvement of payroll and accounting procedures to eliminate payroll errors by implementing the following procedures: a. Requiring the payroll clerk to take additional training to enable the clerk to function at a proficient level or by delegating payroll duties to an individual capable of carrying them out with accuracy. b. Requiring the Director of Business Services to provide closer supervision over the payroll clerk and checking the accuracy of payrolls.
• CL106
  The Superintendent, Director of Business Services and the payroll clerk should maintain prompt and improved communications with school district employees to ensure a better understanding of their paychecks and any reasons for overpayments or withholding of salaries.
• CL107
  The school district should maintain documentation in each employee’s personnel file of any payroll changes, i.e. overpayments, amount of withholding and completion of repayments. RESPONSES REQUIRED: Yosemite Union High School District Board of Trustees Yosemite Union High School District Superintendent Madera County Superintendent of Schools 2005-2006 Madera County Grand Jury PO Box 534 Madera, California 93639-0534 (559) 662-0946 THE 2005-2006 MADERA CO UNTY GRAND JURY FINAL REPORT ON THE MADERA COUNTY VETERANS SERVICE OFFICE, PUBLIC GUARDIAN, PUBLIC CONSERVATOR, AND PUBLIC ADMINISTRATOR INTRODUCTION: Members of the Grand Jury visited the offices of Veterans Services, Public Guardian, Public Conservator, and Public Administrator on September 12 and 26th, 2005. The purpose of the visits was familiarizing members on the functional operation of the offices and evaluates the overall department management. FINDINGS: The Madera County Veterans Service Office is operated in accordance with the provisions of the California Military and Veterans Code and the United State Government, Title 38, Code of Federal Regulation. The principal duties of the Veterans Service Office are to advise and assist Veterans, their widows and dependants in establishing claims for pension, compensation, education, dependant’s college fee waiver program, life insurance, hospitalization, V.A. outpatient care, V.A. and Cal-Vet home loans, burial benefits and many other entitlements available through Federal, State, and local Veterans programs. The Veteran’s Office participates in the Medi-Cal cost avoidance program by coordinating veterans benefit claims work with that of the County Department of Social Services. The Veterans Service Office maintains daily and monthly activity logs, prepares and submits quarterly activity reports to the California Department of Veterans Affairs and attends training conferences to obtain subvention funds from the state. The Public Guardian/Conservator Office is the county entity charged with the responsibility of acting for others who are incapable of managing their own affairs. Guardianships and Conservatorship are established by a legal process and approved by the court. Their force and effect, after court approval, removes most of the rights of the individual (conservatee) and places them with another person (conservator) who has legal authority to act on all matters concerning the conservatee’s behalf. The court appointed person is known as the “guardian” in the case of a minor or “conservator” for adults. Minors considered gravely mentally disabled are also placed on a conservatorship. The California law that applies to this process is the Probate Code and the Welfare and Institutions Code. There are two types of conservatorship in California. The least restrictive is the Probate Conservatorship, which is used to provide assistance to those people who have become incapacitated and require assistance in order to attend to their daily needs and function at a socially acceptable level. The people on Probate Conservatorship must be unable to provide for their own needs for food, clothing and shelter and/or not able to resist fraud or undo influence. Probate Conservatorship does not have a time limit but will continue until terminated by court action. The second type of conservatorship is called a LPS Conservatorship. The LPS stands for the Lanterman, Petris and Short Act which is the California legislative bill, passed into law that defined the criteria necessary for a person to be categorized as being gravely mentally disabled and/or a danger to themselves or others. The Public Guardian is the only person who is allowed to petition the court to have someone placed on the LPS conservatorship. LPS conservatorship must be renewed annually. Both types of conservatorship can be established for control of the person or their estate or for both person and estate depending on the degree and type of disability of the conservatee. The documents transmitted to the Public Guardian/Conservator to establish a conservatorship are called referrals. Referrals of people who may need to be conserved may originate from a variety of sources; Department of Social Services, Mental Health, Central Valley Regional Center, the Veteran’s Administration and others. The people who are placed on guardianships or conservatorship are the most helpless segment of the population in Madera County. The Public Administrator functions under the California Probate Code. The Madera County Public Administrator is appointed by the court to administer decedent estates when there is no other person willing or able to act, or the heirs have created a conflict that requires a neutral party to resolve. The Veterans Service Office currently serves over 8,000 veterans in Madera County. The office budget to support this function is approximately $78,000 per year. The county receives approximately $16,000 in subvention funds from the California Department of Veterans to help offset the net county cost of the office. The amount of subvention funds is based on the state budget and is distributed to the counties chiefly on (1) the county establishing a Veterans Service Office, (2) appointment of a qualified person to act as the Veterans Service Officer, (3) the number of successful claims processed, (4) Medi-Cal cost avoidance forms processed, and (5) number of college fee waiver claims processes. During the past fiscal year the Veterans Service Office obtained new increased benefits from the United States Department of Veterans Affairs (USDVA) for the veteran’s community. The California Department of Veterans Affairs estimates that the spending impact for these cash benefits is approximately $1,000,000 on an annual basis and $1,500,000 for one-time benefits received. In addition to the federal cash benefits received as a result of the claim advocacy services provided by the Veterans’ Service Office, the office’s participation in the state mandated welfare referral program has resulted in significant savings to Madera County. This program requires the Veteran Service Office to verify and provide benefit entitlement verification on all public assistance referrals received from the County Department of Social Services. The approximate amounts of savings derived from obtaining federal monies for veterans in lieu of state and county funds is estimated to be $22,000 annual monthly benefits and $875,000 in one time benefits received by individuals who had applied for public assistance grants. Also, a savings of over $20,000 resulted from the verification of prior (USDVA) monetary benefits being received by public assistance and Medi-Care applicants, which on an annual basis represents approximately $240,000. The Veterans’ Service Office assisted veterans and their families in processing and approving their applications for the College Tuition Fee Waiver Program. This program resulted in savings of approximately $38,000 in tuition and fees for veterans and their families attending California state college and universities. The Madera County veteran’s claims representative has not passed the certification examination to be accredited by the U.S. Department of Veterans Affairs. Accreditation is a federal requirement that must be met to allow an individual to legally file veteran’s claims. Madera County has not established a Veterans Service Office Fund. The Military and Veterans Code, paragraph 972.2, “Veterans Service Office Fund” states “commencing January 1995, the Veterans Service Office Fund shall be available upon appropriation by the legislature to the Department of Veterans Affairs for allocation and distribution to counties for the operation of county Veterans Service Offices”. It is the intent of the legislature in enacting this section that revenues from the special interest license plates fees be used to expand the support of County Veterans Service Offices. A Veteran’s Service Office fund have never been established in Madera County. Funds received from this program are deposited directly into the county general fund and are not made available to the Veterans Service Office for their intended purpose. The Public Guardian/Conservator does not visit clients on a regular basis. However, the visits are necessary to insure that the clients are not being neglected and to verify they are receiving quality care for a normal life style. The office is severely understaffed and underpaid. The recent loss of one of the staff members’ leaves but one experienced person to accomplish the myriad of tasks required. Madera County is only authorized 3 staff personnel for the office. The Public Guardian/Conservator client’s funds are being appropriately used for their care and personal needs. All client funds are audited and to no discrepancies have been discovered. Clients’ funds are budgeted to insure that expenditures are appropriate and in the best interest and welfare of the client. The Public Guardian/Conservator work in close coordination with County Counsel in preparing petitions for conservatorship hearings, contested hearings, terminations, and accountings, attends and testifies at court hearings and trials. Marshals the assets of conservatees, including real and personal property for safekeeping. Insures all property is appraised by the probate referee or authorized appraiser, and files completed inventory and appraised forms with the court. The Public Guardian/Conservator acts as a representative payee/fiduciary for social security and Department of Veteran’s Affairs to receive and disburse funds for individuals who do not require a conservatorship, but are in need of an assistance to manage their own funds. Fees for services charged by the Public Guardian/Conservator/Administrator are based on formulas in the probate code, amount of effort required for administration, and the balance of the clients account after all outstanding bills are paid. This amount is estimated to be approximately $30,000 per year that is deposited into the general fund.
• CL108
  A recruitment program should be constant and ongoing.
• CL109
  The paperwork flow for special needs money should be revised to expedite payments.
• CL110
  Supervisors review their caseworkers in all facets of their job duties. Upper management spot-check with foster families regarding their concerns.
• CL111
  CSART interviewers remain in their current positions and available for every CSART interview.
• CL112
  Foster families join the local foster family organization and draft a Foster Family Bill of Rights.
• CL113
  A study by the caseworker of a child’s history when assuming an open case.
• CL114
  A cross-file index should be instituted and kept current with the foster parent’s name and each child they have had in their home, whether it be from an agency or another county.
• CL115
  To insure only the foster parent receives the gift card the day after placement. A control should be decided on by CWS upper management and put in place.
• CL116
  A duplicate copy of every CSART taped interview be made and filed in a ` separate, secured location..
• CL117
  The Grand Jury Recommends the 2006-2007 Grand Jury investigate and follow up on the above recommendations. RESPONSES:
• CL118
  The Grand Jury found that the police department is being operated to the best of its abilities considering the resources at its disposal, including a shortage of personnel and funds. The County has supplied $230,000 to implement the gang task force.
• CL119
  The Grand Jury finds the Juvenile Boot Camp is an impressive facility with a highly professional and dedicated support staff.
• CL120
  Segmental walls are designed and constructed with reinforcing grids (“Geogrids”) that extend into the hillside behind the wall. This was not done per the approved plan. - Rock-dowels have been designed for overturning resistance to sliding of the wall, but this has not been done. Providing another row of rock dowels along the toe of the footing would resist the sliding forces of the wall. - Determining the cause of the cracking and bulging may be appropriate action, but will not change the fact that some form of retrofit or shoring is necessary to insure the future stability of the hillside. - The builder erred when his surveyor used the wrong property marker and subsequently constructed the wall on 4 feet 6 inches of the adjoining property. - The Madera County Building Division wrote correction notices for work that was not in compliance with the approved plans. The builder has not come into compliance at the time of this report.
• CL121
  The OES Coordinator is getting the job done. The Federal Government needs to expedite clear NEMS guidelines. RECOMMENDATIONS: The OES Coordinator should continue to plan for the new EOC and seek new grants. RESPONSES: OES Coordinator Madera County Sheriff Board of Supervisors
• CL122
  2005-2006 Madera County Grand Jury P.O. Box 534 Madera, California 93639-0534 (559) 662-0946 2005-2006 MADERA COUNTY GRAND JURY FINAL REPORT ON VALLEY STATE PRISON FOR WOMEN Introduction On March 7, 2005, the Madera County Grand Jury toured Valley State Prison for Women, an institution of the California Department of Corrections, pursuant to the duty to “Inquire into the conditions and management of public prisons within the County as prescribed in Section 919b of the California Penal Code.”
• CL123
  The Veterans Service Office is one of the few revenue producing offices in Madera County. The Veterans’ population deserves and has earned the right to the continued high quality representation and advocacy services that are being provided by the Madera County Veterans Service Office. The Public Guardian/Conservator/Administrator function performs an admirable service considering the complex nature and legal ramifications necessary to provide food, clothing and shelter for clients. The estate management has been excellent. Consolidation of the Veterans and Public Guardian Office has proven to be an extremely effective management action as the mutual support and coordination of the offices with outside staff entities of the County, State, and Federal agencies has proven most valuable and supporting to the department.
• CL124
  The findings of the Grand Jury in regard to the illegal activities of the Superintendent and the malfeasance of the Board’s actions were supported by sworn testimony of many school district employees and concerned citizens and that the evidence reported above is factual and supports this Grand Jury report. The Superintendent and Board of Trustees misappropriated district funds and use of personnel for their own personal gain at the expense of the taxpayer’s of the Yosemite School District. It is unconscionable that a person with such low ethical standard could rise to the position of Superintendent of a School District. The findings of this and previous Grand Juries, that have been verified and included in Grand Jury reports, contain examples that disregarded existing law, directives or policies an ethical person would not have engaged in these types of activities The example of high ethical standards should be taught both in word and action throughout the school district so that all students will know that being ethical is “the rule to live by”. It would behoove both the School District Administration and the Board of Trustees to develop a written list or guidance paper on what ethical standards will be accepted by the School District and the consequences if these standards are not followed regardless of the individual’s position in the District. RECOMMENDATIONS: The Board of Trustees should refrain from making retroactive policies or resolutions to accommodate illegal or acts contrary to district policy committed by District personnel. Such actions could be open the School District to liability and possible expensive litigation. Any school board resolution that permits such use of personnel or equipment should be avoided. Under no condition should district employees and equipment be used for non-school purposes. The Superintendent and Board President should reimburse the district an additional appropriate amount for their use of school property, equipment, materials and school employee labor. The Board and Superintendent should be diligent to avoid misappropriation of school district goods and services. The retroactive resolution #556 regarding the sale of school equipment should be modified to allow the public an opportunity to bid on and purchase all surplus school property thus giving the school district the highest possible return on the sale of equipment. (The current resolution allows the Trustees to sell school property to whomever they choose without allowing the public an opportunity to bid on the property.) That retroactive resolution #558 be modified to state that under no conditions should district employees and equipment be used for non-school purposes. Any school district employee or others who knowingly commit unlawful actions against the school district should be removed from employment with the school district. RESPONSES: Madera County Board of Supervisors Yosemite Union High School Board of Trustees Yosemite Union High School District Superintendent Madera County District Attorney Madera County Superintendent of Schools