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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.
⚠️ 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 8 findings
F1
Page 31
The PCSD website does not contain the required link on the home page leading users directly to the agenda.
F2
Page 31
PCSD has not had an annual audit completed since 2018 and is out of compliance with the California Government Code Sec 26909. In 2024 a new CPA completed the 2019 audit, but subsequent years are still incomplete.
F3
Page 31
PCSD has minimal Board and operating policies. In written responses to TCCGJ requests for materials, PCSD responses included the following statement. “Unfortunately, we have had a difficult time locating our policies as past PCSD Board and staff did not provide and pass district policies”. PCSD stated, “the conflict of interest policy adopted in 1999 by the District however, we could not locate the policy”.
F4
Page 31
PCSD is considering a major sale of one of the district’s land assets to a third party for potential development. This is a complex transaction in which there are no current policies outlining the contract process, conflict of interest issues as well as the legal and financial issues outlined above.
F5
Page 31
There is a potential conflict of interest impacting one PCSD Board member who has a financial interest in one of the potential buyers of the property.
F6
Page 31
There have been questions regarding a Board member’s eligibility, with numerous complaints that one Board member lives outside the district, but is using a relative’s address to qualify. The issue has not been addressed publicly or confirmed in discussions with TCCGJ.
F7
Page 31
Although PCSD is underfunded and understaffed it continues to provide services to the community through efforts of the dedicated employees. TULARE COUNTY CIVIL GRAND JURY FINAL REPORT 2024-2025
F8
Page 37
Require that all recorded data from body-worn cameras are property of their respective law enforcement agency and shall not be accessed or released for any unauthorized purpose, explicitly prohibit agency personnel from accessing recorded data for personal use and from uploading recorded data onto public and social media internet websites and include sanctions for violation of this prohibition. Body-worn camera footage is a public record and is subject to disclosure under the California Public Records Act. Processing public record requests can be time consuming and expensive for the agencies. Additional storage and maintenance are also required. Disclosure may be denied if exceptions apply, including if the release compromises the privacy of a victim or witness, or if it would interfere with an ongoing investigation. Video and audio recordings from BWCs can be used by law enforcement to demonstrate transparency, to document statements, observations, behaviors and other evidence and to deter unprofessional, illegal and inappropriate behaviors by both law enforcement and the public. BWCs provide a reduction in liability for the officer wearing it. They protect officers and the public from false claims or conversations that did not happen. Local agencies were surveyed to determine if they used BWCs and their policies. TCCGJ reached out to the Dinuba, Exeter, Farmersville, Lindsay, Porterville, Tulare, Visalia and Woodlake Police Departments, and also to the Tulare County Sheriff’s Office. Each of these local agencies surveyed advised they are currently using BWCs. In addition to the Penal Code requirements, local law enforcement agencies’ policies may include provisions related to: 35 TULARE COUNTY CIVIL GRAND JURY FINAL REPORT 2024-2025 • Situations when the camera may be turned off • Training • Retention • Monitoring usage • Disciplinary action In general, local department policies require that body cameras be activated “during any interaction with the public” including traffic stops, arrests, searches and questioning. Exceptions to this include: BWCs do not need to be turned on during confidential conversations with informants or during activities that are considered administrative or non-enforcement in nature. Officers should remain sensitive to the dignity of all individuals being recorded by discontinuing recording whenever it reasonably appears that privacy may outweigh any law enforcement interest in recording. An officer is also not expected to jeopardize their safety to activate a recorder or change the recording media. The surveyed Tulare County agencies indicated that full-time officers are issued individual BWCs. Most reserve officers have shared BWCs. During their field training officers receive detailed instructions on BWC usage, operation and department policies. Additional training is provided when the equipment is updated or changed or there are legal updates or policy changes. Real-life footage of incidents can be analyzed to improve officer performance and can be used for training purposes. Agencies conduct formal and informal audits to ensure BWCs are being utilized in accordance with departmental policies and procedures. They review all high-liability incidents or in response to a complaint. All agencies have formal policies for misuse of equipment. FINDINGS: F1. BWCs can be used to assist the District Attorney’s Office with cases submitted for prosecution. F2. Local agency policies comply with the requirements of CA Penal Code 832.18. F3. The cost of BWCs storage and maintenance is a concern to the agencies. Public records requests could be time-consuming and expensive for agencies and may require additional personnel to handle requests. F4. BWCs can lead to a decrease in both the number of complaints and the incidents of frivolous complaints and can enhance the resolution process of civilian complaints by providing clear, verifiable evidence that assists in investigations. BWCs may reduce the likelihood of disputes over the accuracy of events and ensure more impartial investigations into complaints against officers. TULARE COUNTY CIVIL GRAND JURY FINAL REPORT 2024-2025 F5. BWC videos can provide an invaluable resource in helping law enforcement learn from previous interactions by offering real-life footage of incidents that can be analyzed to improve officer performance.
Recommendations 8
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R1Page 32PCSD should bring the website into compliance and update information monthly.
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R2Page 32If PCSD needs assistance with website compliance, there are vendors and not-for-profit associations in the State of California that provide expertise related to website requirements for Special Districts which can be contacted.
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R3Page 32Make a priority to have audits updated for all years after 2019 posted to the website and then annually complete the audit as required by the Government Code Section 26909.
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R4Page 32Review and update all Board and operating policies and procedures at least every two years. These should be relevant to PCSD business, clearly stated and understood by all.
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R5Page 32Consider hiring a third-party financial group to provide clear financial and legal analysis of impact from sale or lease of any assets.
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R6Page 32Create and enforce a clear policy related to Board member eligibility. REQUIRED RESPONSE: Poplar Community Service District Findings F1- F7 Recommendations R1-R6
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R7Establish rules if third-party vendors are used to manage data storage systems.
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R8Require that all recorded data from body-worn cameras are property of their respective law enforcement agency and shall not be accessed or released for any unauthorized purpose, explicitly prohibit agency personnel from accessing recorded data for personal use and from uploading recorded data onto public and social media internet websites and include sanctions for violation of this prohibition. Body-worn camera footage is a public record and is subject to disclosure under the California Public Records Act. Processing public record requests can be time consuming and expensive for the agencies. Additional storage and maintenance are also required. Disclosure may be denied if exceptions apply, including if the release compromises the privacy of a victim or witness, or if it would interfere with an ongoing investigation. Video and audio recordings from BWCs can be used by law enforcement to demonstrate transparency, to document statements, observations, behaviors and other evidence and to deter unprofessional, illegal and inappropriate behaviors by both law enforcement and the public. BWCs provide a reduction in liability for the officer wearing it. They protect officers and the public from false claims or conversations that did not happen. Local agencies were surveyed to determine if they used BWCs and their policies. TCCGJ reached out to the Dinuba, Exeter, Farmersville, Lindsay, Porterville, Tulare, Visalia and Woodlake Police Departments, and also to the Tulare County Sheriff’s Office. Each of these local agencies surveyed advised they are currently using BWCs. In addition to the Penal Code requirements, local law enforcement agencies’ policies may include provisions related to: 35 • Situations when the camera may be turned off • Training • Retention • Monitoring usage • Disciplinary action In general, local department policies require that body cameras be activated “during any interaction with the public” including traffic stops, arrests, searches and questioning. Exceptions to this include: BWCs do not need to be turned on during confidential conversations with informants or during activities that are considered administrative or non-enforcement in nature. Officers should remain sensitive to the dignity of all individuals being recorded by discontinuing recording whenever it reasonably appears that privacy may outweigh any law enforcement interest in recording. An officer is also not expected to jeopardize their safety to activate a recorder or change the recording media. The surveyed Tulare County agencies indicated that full-time officers are issued individual BWCs. Most reserve officers have shared BWCs. During their field training officers receive detailed instructions on BWC usage, operation and department policies. Additional training is provided when the equipment is updated or changed or there are legal updates or policy changes. Real-life footage of incidents can be analyzed to improve officer performance and can be used for training purposes. Agencies conduct formal and informal audits to ensure BWCs are being utilized in accordance with departmental policies and procedures. They review all high-liability incidents or in response to a complaint. All agencies have formal policies for misuse of equipment.