Responses to the 2023–2024 Marin County Civil Grand Jury Reports: an Overview January 31, 2025

Additional Recommendations 9

These recommendations are not explicitly linked to specific findings.

• R2
  By September 30, 2024, the Health and Human Services Department should commence open, public discussions with the Commission on Aging regarding the future status of the Office of Adult and Aging Services (AAS) and the funding of adult programs, including the cost analysis and rationale for not elevating the Office of Adult and Aging Services to a division-level department within the Health and Human Services Department ● The BOS responded that this recommendation had been implemented. The BOS further stated that on March 29, 2024, HHS provided a second presentation to the Commission on Aging to discuss the financial structure of the Aging and Adult Services Division within HHS. This presentation provided fiscal and service delivery data demonstrating the positive impact of all HHS divisions on the older adult population in Marin. ● The Marin County Commission on Aging (MCCOA), the Invited respondent, disagreed with the BOS updated response regarding public discussions of the financing and elevation of AAS to a divisional-level department within HHS. MCCOA responded that the discussions were delayed due to the departure of the Director of HHS and the hiring of the director of AAS. MCCOA asked that a new director of AAS not be hired until public discussions of the elevation of AAS to a divisional-level department had been done. This request did not receive a reply from HHS and a new director of AAS was hired. MCCOA also stated that the BOS had not documented nor proven that elevating AAS would cost $700,000 to $1,000,000 annually. A Free Public Education Includes School Supplies Released on April 19, 2024 California law is clear that school supplies are included in a free public education. Public schools throughout the state are required to provide, at no cost to students or their families, all the supplies, materials, and equipment necessary to fully participate at school. Nevertheless, at the outset of the school year, many schools in Marin County distribute school supply lists to students and their families. The Marin County Civil Grand Jury (Grand Jury) conducted an investigation to determine the extent to which students and their families are requested to buy school supplies that schools are required to provide. While the use of supply lists varies throughout the school districts, the Grand Jury concluded that many schools asked, or suggested, that students or their families purchase supplies that schools are required to provide. In addition, teachers often use their personal funds to pay for supplies so their students can fully participate in school activities. Recommendations and Responses The Grand Jury made seven recommendations to, and required responses from the Marin County Office of Education (MCOE) and Superintendent of Schools (Superintendent), as well as each of the 16 school districts in the County (Bolinas-Stinson, Kentfield, Laguna Joint, Lagunitas, Larkspur-Corte Madera, Mill Valley, Miller Creek Elementary, Nicasio, Novato Unified, Reed Union, Ross, Ross Valley, San Rafael City, Sausalito Marin City, Shoreline Unified, and Tamalpais Union High School) The recommendations are listed below. Because of the large number (17) of required respondents, as well as the uniformity of the responses from all required respondents, the results are summarized in the narrative following the recommendations.
• R3
  Marin public schools should not distribute school supply lists to students or their families. ● Fourteen of the sixteen school districts had already implemented this recommendation, as had the MCOE and the Superintendent. The Larkspur-Corte Madera School District stated they would implement the recommendation in the 2024–2025 school year, and San Rafael City School District stated that it would implement it
• R4
  Marin public schools should not distribute school supply lists that indicate the supplies are optional. ● Fourteen of the sixteen school districts had already implemented this recommendation, as had the MCOE and the Superintendent. The Larkspur-Corte Madera School District stated they would implement the recommendation in the 2024–2025 school year, and San Rafael City School District stated that it would implement it
• R5
  The superintendent of each school district should ensure that the schools in their districts are in compliance with California law with respect to school supplies. ● Fifteen of the sixteen school districts had already implemented this recommendation, as had the MCOE and the Superintendent. The Larkspur-Corte Madera School District stated they would implement the recommendation in the 2024–2025 school year.
• R6
  If a Marin public school chooses to solicit donations of any kind from anyone, whether the solicitation is on paper, verbal, or electronic, such as a website or email, the school should make it clear that donations are not required but rather are entirely voluntary. ● All required respondents stated that they had implemented this recommendation.
• R7
  Marin public schools should not put teachers in a position where they need to use their personal funds to provide supplies, materials, or equipment for students to fully participate at school. ● Fifteen of the sixteen school districts had already implemented this recommendation, as had the MCOE and the Superintendent. The San Rafael City School District stated they would implement the recommendation by August 21, 2024. With Power Comes Responsibility - Youths Under Age 16 Operating Class 2 E-Bikes: A Safety Risk Released April 26, 2024 Marin County roads, trails, and paths are enjoyed by many cyclists throughout the year. Over the past decade, the popularity of electric bicycles (e-bikes) has grown, with nationwide e-bike sales almost doubling between 2020 and 2021.3 E-bikes are now used by all types of bike riders in Marin, including commuters, mountain bikers who need a little help getting up steep trails, riders with disabilities or other physical limitations, casual adult riders, and children. Unfortunately, some riders under the age of 16 are not ready for the power of the e-bikes they are operating. Additionally, some young riders are operating e-bikes that have multiple power modes or aftermarket modifications that make them illegal. The rate of e-bike accidents in Marin among children aged 10-15 is far higher than it is with any other age groups. This has led bike advocacy groups, law enforcement, and public health officials to issue warnings and advisories to Marin families about the danger of e-bikes for children. The laws in California and in Marin do not closely regulate e-bike use. California designates three classes of legal e-bikes. All are limited to 750 watt electric motors. Class 1 and class 3 e- bikes only get electric assistance when the pedals are in use, with class 1 limited to 20 mph assisted speed, and class 3 limited to 28 mph assisted speed.4 Class 2 e-bikes offer pedal-assist electric power, up to 20 mph, and also have a throttle device which will power the bicycle to move even when the rider does not pedal at all. Many class 2 e-bikes can be easily modified to remove the throttle-assisted speed limit, so those e-bikes can travel much faster than 20 mph. These modified bikes no longer legally qualify as e-bikes. Several bills have been proposed in the California State Legislature to further regulate the use of e-bikes, especially among children under age 16. In addition, a few Marin municipalities have passed ordinances regarding e-bikes. The Marin Civil Grand Jury conducted an investigation to determine the extent of the problem when children under age 16 operate e-bikes in Marin, and to explore possible solutions. The Grand Jury concluded that children under age 16 who operate class 2 e-bikes in Marin pose a danger to themselves and others. The Grand Jury also concluded that the same dangers do not apply to youths riding class 1 e-bikes in Marin. Boudway, Ira, Bloomberg, “America’s Best-Selling Electric Vehicles Ride on Two Wheels,” January 21, 2022, https://www.bloomberg.com/news/articles/2022-01-21/u-s-e-bike-sales-outpaced-electric-cars-in-2021, subscription required (accessed 11/11/24). These e-bikes have a sensor to detect the rate of travel. If the bicycle is going 20 mph (class 1 or 2) or 28 mph (class 3), the electric motor is programmed to shut off. Like non-electric bicycles, e-bikes can all travel above those rates, such as when they are coasting downhill. Recommendations and Responses The Grand Jury made three recommendations to, and required responses from both the BOS and the 11 municipalities in Marin. An additional recommendation was made just to the BOS:
• R8
  The Board of Supervisors require that the Marin Department of Information Services and Technology and the Department of Human Resources develop a plan for negotiating the inclusion of language that allows for managed service agreements in new Collective Bargaining agreements with MAPE and MCMEA that will start in July of 2025. ● The BOS stated this recommendation required further analysis. According to the BOS the recommendation could not be unilaterally implemented because it required the approval of both MAPE and MCMEA. The terms of their respective Collective Bargaining Agreements specifically limit contracting out of bargaining unit work. MAPE and MCMEA agreements are not open to bargaining and negotiation until the first half of 2025 and first half of 2026, respectively.
• R9
  The Board of Supervisors requires that the Marin Department of Information Services and Technology update its Top 10 Cybersecurity Tips for Organizations at least once a year. ● The BOS stated that this recommendation would be implemented by October of 2024. A review of the County webpage, https://www.marincounty.gov/departments/it/cybersecurity/top-10-cybersecurity-tips- organizations confirmed that this has been accomplished.
• R10
  The Board of Supervisors requires that the Marin Department of Information Services and Technology more directly promote, through the Marin Security and Privacy Council, its Top 10 Cybersecurity Tips for Organizations to all of Marin’s public agencies. ● The BOS stated the recommendation is already implemented. An Analysis of the Use and Oversight of County Purchase Cards Released on May 23, 2024 Large organizations like the County of Marin (the County) employ the use of business credit cards for specific purposes. These include the purchasing of goods and services in situations where the expense is a small dollar amount, out of the ordinary, needed under urgent circumstances (e.g. disasters, investigations, etc.), or where there are suppliers/vendors who cannot employ the usual purchase order and invoice payment system used for most of the procurement needs of the County. Within the County, business credit cards used by employees are known as Purchase Cards and CAL-Cards, and the terms are used on an interchangeable basis (CAL-Cards). CAL-Card purchases historically account for annual expenditures ranging from $2.9 million to $3.9 million. The majority of purchases under $5,000 are made with cards rather than purchase orders (PO’s). This report explored the use of CAL-Cards by the County. There are a large number of CAL- Cards in use in Marin compared to other counties of similar size. It is often not clear that cardholders are making purchases from suppliers with competitively bid best pricing. The Grand Jury found considerable variability in the oversight and processing of CAL-Card purchases. This is the result of a structure of joint management by Procurement within the Department of Public Works and the Department of Finance. The Grand Jury is recommending that the Department of Finance assume all administrative, oversight, audit, and training activities for CAL-Cards. Since CAL-Cards can be subject to misuse, the Grand Jury is recommending tighter approval controls and better training for department leaders and cardholders. The recommendations in this report are intended to standardize the use and oversight of the CAL-Card program in order to mitigate the possibility of misuse and financial risk. Recommendations and Responses The Grand Jury made a total of eight recommendations to, and required responses from the BOS: