📋

Extracted from Consolidated Report

This investigation was originally published as part of a larger consolidated report containing multiple investigations. View the consolidated PDF for the complete document.

Amador County Grand Jury • 2008-2009

City and County Government Investigation Final Report

Published: May 06, 2009 12 pages

View PDF View Full Original

⚠️ Translation Notice: This content has been automatically translated. The original English text is the official version. Translation may contain errors.

⚠️ Este contenido ha sido traducido automáticamente. El texto original en inglés es la versión oficial. La traducción puede contener errores.

Findings 13 findings

F1 Page 18

The JVFPD Chief consistently attempted to perform his duties while impaired under the influence of alcohol. By doing this, he posed a risk to the public. 2. 78% of witnesses were aware of the JVFPD Chief being under the influence of alcohol while attempting to perform his duties. The knowledge of the JVFPD Chief being intoxicated while on scenes was widespread.

F2 Page 20

The Chairman of the Jackson Valley Board of Directors be removed from office, pursuant to Government Code 3060 (Facts 6 & 9 and Findings 2,4,5, & 9).

F3 Page 19

The Fire Chief for the City of Ione, the Chairperson for the JVBD, a Battalion Chief for Cal Fire, and a Supervisor for the American Legion Ambulance had the knowledge, and the power, to correct this issue and preserve the public safety. It was determined that they turned their back on their responsibility to the safety of the public. The individuals without the immediate power to correct the problem were the ones who eventually brought the problem to the attention of the Amador County Grand Jury. It was found, through testimony, that the individuals who brought this problem to the attention of the Amador County Grand Jury had previously advised their superiors of the issue.

F4 Page 19

Neither proper training, nor Policy and Procedures Manuals for the firefighters at the JVFPD have been implemented. This is the responsibility of the JVFPD Chief and the JVBD. It was also found that, though a previous Amador County Grand Jury investigation brought this to light, the problem continued to be ignored.

F5 Page 19

Members of the JVBD violated the Brown Act (California Law, n.d.).

F6 Page 19

The Chief of the JVFPD gave false testimony to the Amador County Grand Jury.

F7 Page 19

The JVFPD Chief remained on calls after concerns for his level of intoxication had been established. In an attempt to minimize his impact on the scene, the JVFPD Chief was placed in a peripheral job or area and allowed to stay on site.

F8 Page 19

There is noPpolicy and Procedures Manual in place for the JVFPD. This leaves the firefighters with no direction or guidelines.

F9 Page 19

The JVBD had discussed the issue at hand while not in session and in violation of the Brown Act (California Law, n.d.).

F10 Page 19

The JVFPD Chief obtained the Ione City Fire Department Policy and Procedure Manual, subsequent to the request for production by the Amador County Grand Jury. He then presented it to the Amador County Grand Jury as the manual for the JVFPD. This manual had not been adopted by the JVBD, nor had it been adopted by the JVFPD.

F11 Page 19

The JVFPD Chief is in contempt of court, due to his actions in defiance of the admonitions given to him by the Amador County Grand Jury.

F12 Page 19

There is no procedure for the vetting, and subsequent appointment, of the applicants for the positions on the JVBD by the Amador County Board of Supervisors.

F13 Page 19

There was information received that the JVFPD Chief had not maintained a valid California Driver License. Through testimony, it was determined that there was no mechanism in place to ensure that individuals driving JVFPD equipment were legally entitled to do so. The Grand Jury notes that driving without a valid California Driver License is a misdemeanor pursuant to section 12500(a) of the California Vehicle Code.

Recommendations 17

R1
Page 14

Twenty-five (25) individuals were interviewed, pursuant to subpoenas. One witness testified two times, on two different dates. Each time, this witness was summoned by subpoena, placed under oath, and admonished after testimony was concluded.
R2
Page 14

The individuals interviewed are either current or former members of the following organizations. a. The Jackson Valley Fire Protection District b. The American Legion Ambulance Service c. The Ione Fire Department. d. The Jackson Valley Board of Directors e. Cal Fire
R3
Page 14

Of the witnesses, 40% stated that they observed the JVFPD Chief under the influence of alcohol while; responding to calls, at the scene of Jackson Valley Fire, or on mutual aid calls. The witnesses who observed this were able to describe the objective signs and symptoms of a person being under the influence of alcohol.
R4
Page 14

Of the remaining 60% of the witnesses, 38% testified that they had been informed about the JVFPD Chief being under the influence of alcohol while on a scene, but had not observed it first-hand.
R5
Page 14

Two witnesses testified that they had been threatened by the JVFPD Chief. The first witness was threatened when he confronted the JVFPD Chief about the issue of consuming alcohol on the job. During this confrontation, the witness was told that he would lose his position as a firefighter, and would not be able to work in that capacity again, if the subject was pursued further. The second witness, an Ione Firefighter, was threatened after making a complaint to law enforcement about the JVFPD Chief driving while under the influence of alcohol.
R6
Page 15

'It was found that two persons were subject to section 3060 of the Government Code. (See below definition of Government Code $3060). These individuals being the Fire Chief of JVFPD and the Chairperson for the JVBD. These individuals are subject to Government Code sections, $13872, $13873, and Humbert v. Castro Valley Fire Protection District (1963).
R7
Page 15

There has been no valid Operations and Procedures Policy in place for the JVF'PD since at least 1992.
R8
Page 15

There is no approved or documented training program in place for the JVFPD.
R9
Page 15

The JVBD is in violation of the Brown Act. The JVBD has not been trained in the Brown Act (California Law, n.d.).
R10
Page 15

The JVBD took no action after receiving a complaint concerning the consumption of alcohol by the individual in question while on calls.
R11
Page 15

Neighboring emergency service departments took no action after receiving complaints concerning the consumption of alcohol, while on calls, by the JVFPD Chief. These departments include the Ione Fire Department, Cal Fire, and American Legion Ambulance Service.
R12
Page 15

The following witnesses gave false, misleading, or inconsistent testimony: a. Chief, Jackson Valley Fire Protection District b. Assistant Fire Chief, Jackson Valley Protection District c. Chief, Ione Fire Department d. Operations Manager, American Legion Ambulance e. Captain, City of Ione Fire Department f. Chairperson, Jackson Valley Board of Directors
R13
Page 15

Testimony was that the Chief of the Ione Fire Department asked the JVFPD Chief to leave the scene of a structure fire, due to his apparent intoxication. His intoxication made the JVFPD Chief more of a detriment than an asset and was cause for concern for the safety of the other firefighters.
R14
Page 15

Testimony was that the Chief of the JVFPD was placed in the back of a patrol car at the scene of a fire call, for unknown reasons, approximately nine years ago. At the time, it was assumed that this was due to the JVFPD Chief being under the influence of alcohol.
R15
Page 15

Testimony also revealed that the JVFPD Chief violated the admonition given him by the Amador County Grand Jury. He openly and defiantly discussed his testimony and tried to ascertain the testimony of others.
R16
Page 16

Testimony was that the JVFPD Chief, subsequent to the hearing, has approached neighboring agencies with a request that the Ione Fire Department discontinue mutual aid within the JVFPD. This would place citizens within the Jackson Valley Fire Protection District at risk. This request by the JVFPD Chief has the testimony given before the Amador County Grand Jury.
R17
Page 16

On at least one occasion, witnesses observed the JVFPD Chief's level of intoxication and requested that he stop providing medical aid to an accident victim. Further, the witness stated that the level of intoxication placed the victim at risk. Government Code: $3060. An accusation in writing against any officer of a district, county, or city, including any member of the governing board or personnel commission of a school district or any humane officer, for willful or corrupt misconduct in office, may be presented by the grand jury of the county for or in which the officer accused is elected or appointed. An accusation may not be presented without the concurrence of at least 12 grand jurors, or at least eight grand jurors in a county in which the required number of members of the grand jury is 11 (California Law, n.d.). California Penal Code: $ 118. (a) Every person who, having taken an oath that he or she will testify, declare, depose, or certify truly before any competent tribunal, officer, or person, in any of the cases in which the oath may by law of the State of California be administered, willfully and contrary to the oath, states as true any material matter which he or she knows to be false, and every person who testifies, declares, deposes, or certifies under penalty of perjury in any of the cases in which the testimony, declarations, depositions, or certification is permitted by law of the State of California under penalty of perjury and willfully states as true any material matter which he or she knows to be false, is guilty of perjury. This subdivision is applicable whether the statement, or the testimony, declaration, deposition, or certification is made or subscribed within or without the State of California. (b) No peison shall be convicted of perjury where proof of falsity rests solely upon contradiction by testimony of a single person other than the defendant. Proof of falsity may be established by direct or indirect evidence (California Law, n.d.).