Stanislaus County Grand Jury
• 2008-2009
• Agency Response
Response from Board of Supervisors
⚠️ Aviso de traducción: Este contenido ha sido traducido automáticamente. El texto original en inglés es la versión oficial. La traducción puede contener errores.
⚠️ Este contenido ha sido traducido automáticamente. El texto original en inglés es la versión oficial. La traducción puede contener errores.
Findings and Recommendations 7 findings
F1
Page 2
The Vice President does not meet the residency requirements. Response: The County has no information on which it can either agree or disagree with this finding.
Related Recommendations (1)
R1
Page 3
The Civil Grand Jury recommends that the Vice President resign or be removed from office since he does not meet the residency requirement. Response: The recommendation will not be implemented by the County because it does not have statutory authority or jurisdiction in this matter. This Grand Jury finding and recommendation should be referred to the Vice President and Board of Directors of the Monterey Park Tract CSD, a separate public entity that is independent of Stanislaus County, for consideration and action. The Monterey Park Tract CSD's contact information, per the current records of the Clerk of the Board is: Monterey Park Tract Community Services District PO Box 1301 Ceres, CA 95307 (209) 203-4353
F2
Page 2
It was determined that a vacancy has existed on the Monterey Park Tract Community Services District for several years. Response: Agree. On August 15, 2006, the Stanislaus County Board of Supervisors accepted the resignation of Shirley Martinez from the Monterey Park Tract Community Services District. The seat vacated by Ms. Martinez has remained unfilled since that time.
Related Recommendations (1)
R2
Page 3
Special District Liaison should take a more active role in the operations of Special Districts. Response: Assuming that the "Special District Liaison" refers to the Community Manager employed by the Stanislaus County Chief Executive Office, the recommendation will not be implemented because the County, and its employees and officers, do not have authority to intercede in the municipal affairs of an independent special district. As way of background, Community Services District Law (Government Code Section 61000-61850) was created to provide an alternate method of providing services in unincorporated areas. This law allows residents of an unincorporated area to initiate Consideration and Approval of Response to the 2008-2009 Stanislaus County Civil Grand Jury Final Report the formation of a Community Services District (also referred to as CSD). A CSD is authorized to provide a wide variety of services, including water, garbage collection, wastewater management, security, fire protection, public recreation, street lighting, mosquito abatement, conversion of overhead utilities to underground, library services, ambulance services, and graffiti abatement. Once a CSD is formed, the residents elect a board of local residents to oversee CSD management and operations. Through board meetings and local presence, the community has a direct say in what types and levels of service it receives. A district is deemed an "independent special district," as defined by Section 56044, except when a County Board of Supervisors or a City Council is the Board of Directors. Generally, this independent form of local government is able to be much more responsive to a community's needs. The Monterey Park Tract Community Services District was established on May 29, 1984 by Resolution #84-802 to provide domestic water to the specified area. The Monterey Park Tract CSD is a separate public entity that is independent of Stanislaus County.
F3
Page 2
According to Government Code Section 1780, the vacancy position(s) should have been filled by the governing Service district or the County Board of Supervisors. Response: Agree. Consideration and Approval of Response to the 2008-2009 Stanislaus County Civil Grand Jury Final Report
Related Recommendations (1)
R3
Page 4
Periodic training for Special District Board members be mandatory. Response: The recommendation will not be implemented by the County because it does not have statutory authority or jurisdiction to mandate District officers to attend training. On the other hand, Stanislaus County will continue to offer training opportunities for all local boards, commissions and special districts, even if attendance is not mandatory. Training opportunities made available includes but is not limited to the AB 1234 Ethics Training offered by the Office of County Counsel and the Clerk of the Board, candidate training provided by the Clerk-Recorder's Office and the professional training opportunities made available through the Annual Community Retreat/Conference hosted by the Stanislaus County Board of Supervisors. Compliance with training requirements is the responsibility of each individual board member.
F4
Page 3
County Special District Liaison acknowledged that filling special district vacancies is a recurring problem. Response: Agree. In general, the filling of special district vacancies is a recurring challenge in Stanislaus County.
Related Recommendations (1)
R4
Page 4
The governing board for Monterey Park Tract Community Service District and the County Board of Supervisors take action to fill existing vacancies. Response: The recommendation has not yet been implemented, but will be implemented in the future. When the Stanislaus County Board of Supervisors is notified of a vacancy on the Monterey Park Tract Community Service District, the Clerk of the Board follows Government Code Section 1780 to properly post the vacancy and take the steps required to have either the Monterey Park Tract Community Services District or the Stanislaus County Board of Supervisors fill the vacancy within the appropriate time constraints. In the event that a vacancy is unable to be filled by the specified time frames, it is held vacant until the next district election for local consideration. Consideration and Approval of Response to the 2008-2009 Stanislaus County Civil Grand Jury Final Report
F5
Page 3
Training for board members offered by Stanislaus County is not mandatory. Response: Agree.
Related Recommendations (1)
R5
Page 5
If the Board is unable to fill vacancies, the County should consider absorbing the Monterey Park Tract Community Services District into an appropriate existing water district. Response: The recommendation will not be implemented by the County because it does not have statutory authority or jurisdiction in this matter. Per existing Community Services District law, the Monterey Park Tract Community Services District is a body independent of Stanislaus County. As such, Stanislaus County has no jurisdiction over the District nor can the County take steps to have it be absorbed into another existing water district. Such recommendation should be forwarded directly to the Monterey Park Tract Community Services District for consideration. Civil Grand Jury 2008-2009 Case #09-18 (Correctional Facilities Inspections In the Introduction section of the Correctional Facilities Inspections, the Grand Jury commented on “a practice that the Jury believes ultimately contributes to the continuing deterioration of certain custodial facilities and loss of programs within the County. Financial savings from facilities’ operating budgets that are the result of creative management are returned to the County General Fund and are not available to the facility itself. This practice inhibits incentives to create the most cost effective methods of operation. Unit managers should be empowered to redirect some or all of the funds saved for the benefit of their programs and facilities, enabling improvement in overall operations.” It is worth noting that the operational costs of the custodial facilities are funded from the General Fund budget and any savings from creative management practices are considered savings to the General Fund that can be used as part of the overall balancing of all General Fund departments. These savings are available to the custodial facilities as deemed appropriate by the Board of Supervisors. A good practice in the future may be to designate some of these savings toward the improvement and replacement of the custodial facilities.
F6
Page 6
There were no citizen complaint forms available when requested. Consideration and Approval of Response to the 2008-2009 Stanislaus County Civil Grand Jury Final Report Response: Agree in part. Citizen complaint forms have always been available at the Main Jail. Staff may not have been able to locate a copy.
Related Recommendations (1)
R6
Page 11
The officer's observation station located in the exercise area should be moved to a location that provides an unobstructed view of all inmates. Response: The recommendation will not be implemented. There is no designated “observation station” to be moved. There is a walkway for Yard Deputies that surrounds three sides Consideration and Approval of Response to the 2008-2009 Stanislaus County Civil Grand Jury Final Report of the inmate yard area. Adult Detention Policy and Procedures 5.02.03 states, in part, “While on the yard, the two deputies will position themselves so as to be able to see all areas of the yard and all inmates at all times.”
F7
Page 7
Inmates were not accessible to Grand Jury members. Response: Disagree. Access to inmates by members of the Grand Jury has always been available upon request. It is unknown if any requests were made to speak with inmates. Public Safety Center Main Kitchen on Hackett Road
Related Recommendations (1)
R7
Page 12
At the recommendation of the current Civil Grand Jury, a directive was issued by the Sheriff, dated May 19, 2009. Citizen complaint forms will now be available in all Sheriff's facilities and on-line, to be issued upon request without questioning. Response: The recommendation has been implemented. A directive was issued by the Sheriff dated May 19, 2009. Citizen complaint forms will now be available in all Sheriff's facilities and on-line, to be issued upon request without questioning. The day of the Grand Jury inspection at the Main Jail, a digital copy of the form was placed on the computer in central Control and this information has been disseminated to staff. Main Kitchen (Public Safety Center)