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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.

Kings County Grand Jury • 2012-2013

Recommendation None Response Required None

Published: March 04, 2013 33 pages
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Findings 18 findings

F1 Page 68
The Lemoore Police Department has not consistently followed the Welfare and Institutions code requirements. The Lemoore Police Department often violated this code by placing children without notifying CPS before assigning custody of the child.
F2 Page 69
In extreme cases of child welfare and endangerment, neglect, abandonment, and abuse (safety issues), CPS has agreed to respond to Lemoore Police Department in a timely manner as they are aware of the officer's need to stay available for normal duties due to limited personnel.
F3 Page 83
Most facility maintenance and upkeep costs are predictable based on likely years of useful life. CDH agrees with this Finding 3.
F4 Page 83
The IT system purchase was paid from bond funds. Bond funds were not intended to be used for this purpose. CDH partially disagrees with this Finding 4. CDH currently does not use bond funds for purchases ofI T hardware and software.
F5 Page 84
The grand jury questions the $2,430,453 expenditure. Construction Phase I Phase2 Activity Hospital Clinic General Conditions $ 652,222 Site, curbs-gutters, landscaping 1,246,842 229,315 Construction 212,160 89,914 TOTALS $2,111,224 $319,229 CDH wholly disagrees with this Finding 5. These figures are supported by invoices from the Developer, GL Bruno. Note: Phase I is the Outpatient Clinic; Phase II is the new acute hospital.
F6 Page 84
CDH used the DBD (d esign-build/development firm) to apply for and attain [sic] the loan. The fee for this service is $250,000. The grand jury questions why the hospital administration could not have done the majority of the application work in-house with some assistance from the DBD. The CEO has advised the grand jury in writing that this fee will be paid from bond funds. CDH wholly disagrees with this Finding 6. The Developer Fee was an all-inclusive amount for the Phase I project. It was not itemized by loan application, etc. and CDH did not spend $250,000 for the DBD to obtain the loan. In fact, the majority of the loan application effort was done by the CDH ChiefE xecutive and his staff
F7 Page 85
The evidence reviewed leads to the conclusion that the current Design-Build approach may not be the most economical method of construction. Design Build (Cost-Plus) does not encourage cost cutting as the contractor takes a pay cut whenever a cost is reduced. Using a more conventional approach of having competent designers and builders actively bid for the work could be a more effective use of the project monies. CDHp artially disagrees with this Finding 7. CDH disagrees with the Grand Jury's opinion as to most economical method ofc onstruction.
F8 Page 85
The contract with the DBD contains no penalty to the DBD if the project is completed later than the promised 10 months. CDR [sic] will lose significant revenue and profits if a construction project is completed late. CDH partially disagrees with this Finding 8. CDH cannot confirm nor deny that it will lose revenue and profits ift he project takes longer than IO months.
F9 Page 85
Both parties involved m the joint agreement to build a hospital should have negotiated an agreement with affordable lease rate terms and the buyout terms before engaging an architect and spending any money on design work and other related costs. About $240,000 was spent on design work. There may have been other expenses incurred relating to this project. CDH will not confirm nor deny the validity of the Grand Jury's opinion as to "affordable lease rate"
F10 Page 86
An area of over one acre will remain unimproved until a future hospital or other structure is built. CDH administration was interviewed and was vague as to plans to enhance this property. CDH partially disagrees with this Finding 10. CDH agrees that the land will be unimproved until a structure is built on the particular real property. CDH disagrees that it was "vague as to plans to enhance this property. " Rather, CDH is presently considering construction of a replacement clinic on this property as part ofi ts Phase Op roject.
F11 Page 86
If Phase O is to be pursued, all continuing design and plan approval efforts on Phase I (future seismically correct hospital) may not be needed and may be wasted bond money. CDH says those services are part of a negotiated package. Per CDH, the architect still has approximately $80,000 worth of services to deliver. Terminating the Phase 1 design and plan check work will likely yield significant savings to CDH. CDH partially disagrees with this Finding 11. The future hospital is Phase II
F12 Page 87
If Phase O planning is implemented, new architectural designs will have to be drawn. The current Design/Build agreement does not relate to Phase 0. CDH agrees with this Finding 12.
F13 Page 87
The Bylaws are not dated nor are they posted on the CDH website. CDH partially disagrees with this Finding 13. Its Bylaws are dated on the front cover sheet.
F14 Page 87
Any item in the Bylaws can be changed by a simple board vote. CDH agrees with this Finding 14.
F15 Page 88
The board meeting agendas and minutes are not readily available to the citizens of the district . . CDH wholly disagrees with this Finding 15. The board meeting agendas and minutes are posted prior to all meetings, and minutes are made available to any citizen of the District who requests a copy.
F16 Page 88
CDH has not been able to locate some financial statements and board minutes for past years. CDH wholly disagrees with this Finding 16. Financial statements and Board minutes can be and have been located on request.
F17 Page 88
As of this year the board has instituted a policy whereby the administration can contact the Board Chair and an additional board member to get their approval for non-budgeted expenditures that have to be made prior to the next board meeting. Due to reasonable availability of those people, this is a sound policy. The board will now be participating in matters that they seem to have inappropriately avoided in the past. CDH agrees with this Finding 17. Re('.ommendation 17 A lower limit may be more prudent and appropriate. If a higher sum is needed, gaining the needed interim (between posted public meetings) board approval can be readily done in a short time frame based on the new board enacted policy, or by calling a special meeting of the board. The CDH Board is comfortable with its recently enacted policy requesting interim Board approval for non-budgeted expenditures. It will monitor the frequency and amounts of these interim approvals throughout the year and will consider revising the present limit as needed.
F18 Page 89
An Administrative employee related to a seller appeared to have been inappropriately involved in a real estate transaction. CDH cannot confirm whether there was an appearance of inappropriate involvement by an administrative employee in a real estate transaction.

Recommendations 17