Administration & Audit Committee Mission Statement The Mission of the Administration and Audit Committee, pursuant to

Note: Missing finding numbers detected: F24, F25, F26, F27, F28, F29, F30, 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

Comments 23

• CO1
  Risk Manager does not adjust Work Comp cases.
• CO2
  In some cases employees facing disciplinary charges may file for Work Comp to avoid or delay discipline.
• CO3
  The County Counsel and the Chief Deputies all work between 40 and 65 hours per week.
• CO4
  There is a lack of support staff to perform copying, filing and other clerical duties in the County Counsel Office. Attorneys are performing many clerical activities in order to complete assignments.
• CO5
  One purpose of the Advisory Team is to track all Ordinances and Resolutions and ensure they are delivered to the Clerk of the Board.
• CO6
  Insufficient number of conference/hearing rooms has created delays for Attorneys in conducting their normal business in a timely manner.
• CO7
  At the beginning level, disciplinary claims are handled by Department Heads then coordinated with the Employment Law Team: • If a law suit is filed it is assigned to the Litigation Team • Very few employment cases go to trial
• CO8
  The Risk Manager retired while this report was being written. This has resulted in a temporary reassignment of two Chief Deputies in the County Counsel Office: • Employment Law Chief Deputy is temporarily responsible to oversee Work Comp and the Safety Program with assistance from a Deputy County Counsel from the Advisory Team • Litigation Chief Deputy is temporarily responsible for General Liability Claims oversight
• CO9
  Attorneys on the Advisory Team are given Primary and Back-up assignments to represent every Department, Board, Commission and Committee of the County.
• CO10
  Of all the contracts reviewed by the Advisory Team 99% are returned to the respective Departments within 10 days.
• CO11
  Files Restraining Orders on behalf of employees.
• CO12
  The Employment Law Team processes an average of 20-25 claims which are filed for violence in the work place.
• CO13
  • In 1995, a 1% formula was set by the State to determine the amount of funds to be sent to the ERAF. J. In 1995, the County and the incorporated cities of Kern County signed a Memorandum of Understanding (MOU) to determine the amount of property taxes to be distributed to each entity. In 2005, the following MOUs were updated: Bakersfield, Ridgecrest, Shafter, Tehachapi and Wasco. K. Attachment #1 of the MOU lists the percentages of County Property Tax Transferred to Cities that are annexing property. • Tier I Arvin 25% o Ridgecrest 25% o • Tier II McFarland 35% o Shafter 35% o Wasco 35% o • Tier III Bakersfield 37.5% o Maricopa 37.5% o Taft 37.5% o • Tier IV California City 40% o Delano 40% o Tehachapi 40% o FINDINGS: F1. The Auditor-Controller-County Clerk in 2012 determined the Auditor- Controller had over allocated to the cities for annexations per the MOU’s. F2. From 1995-2012 the Auditor’s office transferred the relevant percentage to all the Cities prior to the ERAF deduction being made to the State, contradicting the MOU’s. The amount overpaid between 2005-2011 to the City of Bakersfield was $1,257,373.60. F3. The Auditor-Controller determined the amount of tax money transferred to the City of Bakersfield will be reduced over the next three years to cover the amount owed to ERAF and the County. F4. In April 2013 the total amount owed to the ERAF fund was transferred. F5. An outside agency audits KMC financial statements each year. This is not an internal audit, although it does comply with the requirement that each County department be audited bi-annually. COMMENTS: Under the current Auditor’s leadership the County has been able to correct problems in the distribution of the property tax annexation funds.
• CO14
  District One is located in North-Eastern Kern County and includes the cities/communities of Delano, McFarland, Shafter, North Bakersfield, Lake Isabella, Kernville, Inyokern, Ridgecrest and Randsburg.
• CO15
  District Two is located in South-Eastern Kern County and includes the cities/communities of Mettler, Techachapi, Mojave, Rosamond, California City, Boron and some parts of Southwest Bakersfield.
• CO16
  District Three is located in the Middle of Kern County and includes the city/community of Bakersfield and Oildale.
• CO17
  District Four is located in Western Kern County and includes the cities/communities of Lost Hills, Wasco, Buttonwillow, McKittrick, Taft, Maricopa, Grapevine, Lebec, Frazier Park, Pine Mountain Club, Lake of the Woods, Piñon Pines and Western areas of Bakersfield.
• CO18
  District Five is located in South-Central Kern County and includes the cities/communities of Southern areas of Bakersfield, Lamont and Arvin. B. The Board meets each Tuesday taking action on public and departmental requests and other matters presented on the agenda. The Board meets one Monday a month at Kern Medical Center to specifically address issues impacting the County Hospital. C. The Board also sits as the Board of Directors of the County sanitation districts on the first Tuesday of each month. Other Board activities include committee/commission meetings and participation in organizations at the local, regional, State and Federal levels. D. Length of service to the County as a Supervisor varies from eight months to seven years. The following Supervisors took office on the following dates: • Mick Gleason January 7, 2013 • Zack Scrivner January 3, 2011 • Mike Maggard January 8, 2007 • David Couch January 7, 2013 • Leticia Perez January 7, 2013 E. Four Supervisors are given a Base Salary of $105,467.13 annually plus Kern FLEX (10% Premium Pay), Auto Allowance of $7,188.00 and a Premium Pay for Tier II retirement (6%). Gross pay for these Supervisors is $129,529.87 each. One Supervisor is in the Tier I retirement program and does not receive the 6% premium therefore receives $123,201.84. F. Each Supervisor was given an adopted budget for District expenses the 2012- 2013 fiscal year is as follows: • District One $584,428 • District Two $571,558 • District Three $560,188 • District Four $604,669 • District Five $554,961 G. Each Supervisor has additional staff to run offices. The 2012-2013 fiscal budget allotted for three to five positions per Supervisor. H. Currently the additional staff used in Supervisor’s offices are as follows: • District One Two fulltime, two part-time, one seasonal intern • District Two Three fulltime, one part-time • District Three Two full-time, one part-time • District Four Three full-time, two part-time • District Five Three full-time I. Carry-over balances in the Discretionary Fund Accounts for the 2012-2013 fiscal year is as follows: • District One $32,650 • District Two $94,164 • District Three $501,242 • District Four $25,000 • District Five $26,177 J. The County maintains a website that is available to the public to express concerns to each District and/or Supervisor: www.co.kern.ca.us FINDINGS: F1. Field Offices are used by some Supervisors at the following locations: • Norris Road Sheriff Office, Tehachapi Veterans Building – sharing with Public Health Nurse, Lamont - Health Department Office, Delano, Lake Isabella, Shafter and Ridgecrest. • Offices in Taft, Wasco, Buttonwillow and Frazier Park are not currently being used. F2. The field offices in Lake Isabella and Ridgecrest each have a part-time employee. F3. Hours worked per week by the Supervisors vary from 50 to 70 hours. F4. Miles traveled by Supervisors varies from 600 to 2,000 miles per month for County business. F5. Meetings outside of Kern County were limited to: • Air Quality District - Fresno and Bass Lake • AB 109 – Sacramento • Southern California Water meetings bi-monthly • Community Recycling Company- mediation – Los Angeles • Training CSAC – Long Beach • High Speed Rail – Fresno • Southwest Alliance – San Antonio, Texas F6. According to the Supervisors, responsibilities are: • Approval of County Budget • Setting policy for the County • Managing 32 County Department Heads including five elected officials and 9,000 employees • Representing Public Interest in County Government • Governmental oversight for the County F7. According to the Supervisors, problems for the County are: • Kern Medical Center (KMC) finances • Increase in crime with concerns of AB 109 and lack of funding • Jobs “Wanting to work but can’t find any” • Animal Control • Code Compliance – lack of enforcement • Rural (Ag/Oil) Crime • Public Safety • Education and training for jobs • Water Issues: solutions for problems, lack of water and financing F8. Complaints from the public to the Supervisors are: • Crime and AB 109 • Increase in Fire and Sheriff Departmental Budgets • Code Compliance • Roads • Homeless • Homeless camps along the River • Cuts in basic services and jobs • Human Services F9. Each Supervisor is allotted a Discretionary Fund ($50,000 annually) to be used with Board approval. Funds have been used for the following activities in the 2012-2013 fiscal year: • Spay and neutering clinics and Critters Without Litters • North of the River Town Square • Frazier Park Family Resource Center • Memberships in Chambers of Commerce within District One COMMENTS: The Grand Jury commends the Board for their many hours and dedication to the County of Kern. Thanks to each Supervisor and staff for the courtesy in scheduling and the hospitality during our visits. The Grand Jury would like to thank the Administrative Analyst for the County Administrative Office for a quick response to budgetary questions and the Clerk of the Board and staff for their assistance in research.
• CO19
  Litigation: Defends the County, Officers and Employees on matters related to the operation and management of the County. a. General Litigation and Medical Malpractice: Administers General Liability claims on matters related to the operation and management of the County. 1) Eight Attorneys a) One Attorney is also on the Health Law Team 2) Three Paralegals 3) Three Legal Secretaries b. Juvenile Dependency: Represents the Department of Human Services in Juvenile Dependency cases filed to protect children at immediate risk of injury, harm or neglect. 1) Six Attorneys 2) Two Paralegals 3) Three Legal Secretaries
• CO20
  Advisory: Advises the County Department Boards, Officers and Employees on matters related to the operation and management of the County. Also advises certain Agencies, Commissions and Special Districts. a. Seven Attorneys b. Two Paralegals c. One Legal Secretary
• CO21
  Health Law: Advises Kern Medical Center (KMC) and all health-related departments or functions in the County including Public Health, Mental Health, Emergency Medical Services, Environmental Health and Health Benefits. • Three Attorneys • One attorney is also on the General Litigation Team • One Paralegal • One Office Services Specialist assists the Administration Team.
• CO22
  Employment Law: Advises the County Departments on matters related to Employees of the County. a. Four Attorneys b. One Paralegal Litigation Team: A. A Chief Deputy for the Counsel oversees the Litigation Team and has been with the County for 28 years. B. Case Load Supervisor: • Has own case load • Travels out of County for depositions C. The Litigation Team handles all General Liability cases such as: • Civil Rights • Accidents • Mental Health • Disability Retirements • Bankruptcy • Motions for personnel files • Environmental matters D. The Team currently has 400 active open cases plus 50 active personal injury cases. E. Prevails on the vast majority of cases filed against the County either by trial, through successful motions for summary judgment, motions for dismissal, demurrers, negotiation and dismissals. • Appealed cases are rare • 2011-2012 there were 28 lawsuits resolved with no payments by the County • 2012-2013 there were 34 lawsuits resolved with no payments by the County. F. Within the Litigation Team there is a Juvenile Law Team.
• CO23
  The Office of the County Counsel is an extremely well organized and efficient Department of the County. The Staff is made up of very dedicated Attorneys, Paralegals and Support Staff. Many Attorneys are earning less than they could earn in private practice. The Department has saved the County huge amounts of money by working on cases in-house rather than using outside Attorneys, except as necessary. The Jury believes the above recommendations should be acted on in a timely manner in order to benefit the Office of the County Counsel. NOTES: The County of Kern, Office of the County Counsel, should post a copy of this report where it will be available for public review. Persons wishing to receive an email notification of newly released reports may sign up at: www.co.kern.ca.us/grandjury, and click on: Sign up for early releases. Present and past Kern County Grand Jury Final Reports and Responses can be accessed on the Kern County Grand Jury website: www.co.kern.ca.us/grandjury. RESPONSE REQUIRED WITHIN 90 DAYS TO: PRESIDING JUDGE KERN COUNTY SUPERIOR COURT 1415 TRUXTUN AVENUE, 2ND FLOOR BAKERSFIELD, CA 93301 cc: FOREPERSON KERN COUNTY GRAND JURY 1415 TRUXTUN AVENUE, SUITE 600 BAKERSFIELD, CA 93301