Mendocino County Grand Jury
• 2007-2008
• Agency Response
Response to:
Mendocino County Board of Supervisors
I’ll BE Able to Hear YOU Pretty Soon a report on the Mendocino County Sheriff’s Coast Sector Substation and Holding
⚠️ 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 25 findings
F1
The Sheriff’s substation, located in Fort Bragg, shares the building in which the Superior Court is located. The entrance has manned security surveillance including a metal detector and x-ray machine. Response: (Mendocino County Board of Supervisors) The Mendocino County Board of Supervisors agrees with this finding. Response: (Sheriff, Mendocino County Sheriff’s Office) The Mendocino County Sheriff agrees with this finding.
No recommendations for this finding
F2
The present staff consists of one lieutenant, one sergeant, seven deputies, and one deputy trainee. One Sheriff’s technical assistant manages the evidence room, does business and clerical duties, telephones, processes civil matters, concealed weapons permits, and acts as receptionist. Response: (Mendocino County Board of Supervisors) The Mendocino County Board of Supervisors agrees with this finding, with the clarifications provided by the Sheriff. Response: (Sheriff, Mendocino County Sheriff’s Office) The Mendocino County Sheriff agrees with this finding; however I want to clarify two points. First, there is no such position as deputy trainee. The employee referred to in this finding was a deputy sheriff who had graduated the basic law enforcement academy and was, at the time, completing his required field training program. Second, the correct title for the “technical assistant” is Sheriff’s Services Technician. This classification was originally established to reflect the unique range of duties performed by our non-sworn substation staff. The classification is also utilized in our Investigative Services Bureau and more recently in our Corrections Division. Board of Supervisors Response Approved Sept. 23, 2008 Combined Response: Mendocino County Board of Supervisors Director, Mendocino County General Services Agency Mendocino County District Attorney Sheriff, Mendocino County Sheriff’s Office
No recommendations for this finding
F3
One sergeant and two deputy positions are vacant. Response: (Mendocino County Board of Supervisors) The Mendocino County Board of Supervisors agrees with this finding. Response: (Sheriff, Mendocino County Sheriff’s Office) The Mendocino County Sheriff agrees with this finding.
No recommendations for this finding
F4
There was no detective at the time of the visit, so deputies shared detective work. Since then, one deputy has been promoted to detective. Response: (Mendocino County Board of Supervisors) The Mendocino County Board of Supervisors agrees with this finding. Response: (Sheriff, Mendocino County Sheriff’s Office) The Mendocino County Sheriff agrees with this finding.
No recommendations for this finding
F5
Deputies work a 10-hour shift. Response: (Mendocino County Board of Supervisors) The Mendocino County Board of Supervisors agrees with this finding. Response: (Sheriff, Mendocino County Sheriff’s Office) The Mendocino County Sheriff agrees with this finding.
No recommendations for this finding
F6
Deputies are encouraged to volunteer time to community activities. Police Activities League (PAL) recently sponsored a children’s fishing tournament at MacKerricher State Park. Response: (Mendocino County Board of Supervisors) The Mendocino County Board of Supervisors agrees with this finding. Response: (Sheriff, Mendocino County Sheriff’s Office) The Mendocino County Sheriff agrees with this finding.
No recommendations for this finding
F7
Staff shortages make it difficult to provide effective law enforcement. Response: (Mendocino County Board of Supervisors) The Mendocino County Board of Supervisors disagrees partially with this finding in that effective low enforcement is a function of clear communications, effective protocols and practices, as well as appropriate staffing levels. Board of Supervisors Response Approved Sept. 23, 2008 Combined Response: Mendocino County Board of Supervisors Director, Mendocino County General Services Agency Mendocino County District Attorney Sheriff, Mendocino County Sheriff’s Office Response: (Sheriff, Mendocino County Sheriff’s Office) The Mendocino County Sheriff agrees with this finding.
No recommendations for this finding
F8
Filling vacant officer positions is difficult due to the high cost of housing, remoteness, and lack of cultural and shopping opportunities. Response: (Mendocino County Board of Supervisors) The Mendocino County Board of Supervisors has insufficient information to agree or disagree with this finding. Response: (Sheriff, Mendocino County Sheriff’s Office) The Mendocino County Sheriff disagrees in part with this finding. The high cost of housing is a deterrent to some applicants, but the limited employment opportunities for spouses is a much larger issue. And while the coast does not have the concentration of national chain stores found in Ukiah, it does offer many unique shopping opportunities. Culturally the coast offers as many if not more opportunities than other parts of the County. The relative remoteness of the coast can impose hardships on young families, but it also provides a law enforcement experience that is unique within the Sheriff’s Office.
No recommendations for this finding
F9
Sheriff’s deputies are on duty on the coast from 7 a.m. to 3 a.m. Response: (Sheriff, Mendocino County Sheriff’s Office) The Mendocino County Sheriff agrees with this finding.
No recommendations for this finding
F10
The Sheriff’s Office in Ukiah handles dispatch for the Fort Bragg substation. Response: (Sheriff, Mendocino County Sheriff’s Office) The Mendocino County Sheriff agrees with this finding.
No recommendations for this finding
F11
There is an information-sharing (muster) teleconferencing call each morning at 7 a.m. among the Fort Bragg and Willits substations and the Mendocino County Sheriff’s headquarters in Ukiah. The electronic muster allows officers in the three locations to see and hear each other in real time via a large screen video monitor. The system is up all the time, in case other communications are needed, such as a command staff meeting. Response: (Sheriff, Mendocino County Sheriff’s Office) The Mendocino County Sheriff agrees with this finding. Board of Supervisors Response Approved Sept. 23, 2008 Combined Response: Mendocino County Board of Supervisors Director, Mendocino County General Services Agency Mendocino County District Attorney Sheriff, Mendocino County Sheriff’s Office
No recommendations for this finding
F12
Most arrests are due directly or indirectly to abuse of alcohol or other drugs. Often crimes such as theft are for money to purchase drugs. Response: (Sheriff, Mendocino County Sheriff’s Office) The Mendocino County Sheriff agrees with this finding.
No recommendations for this finding
F13
Holding cells were observed to be clean and in working order. Prisoners must be physically observed at all times when they are in a holding cell. Response: (Sheriff, Mendocino County Sheriff’s Office) The Mendocino County Sheriff disagrees in part with this finding. There is no requirement to physically observe prisoners at all times when they are in a holding cell. Intermittent observations are permitted so long as prisoners have immediate access to staff by way of an intercom—which is the case at the Fort Bragg Sub-Station.
No recommendations for this finding
F14
Persons who are arrested and held in Fort Bragg are usually transported to the County Jail in Ukiah within two hours. Deputies may transport prisoners two or more times a shift. Response: (Sheriff, Mendocino County Sheriff’s Office) The Mendocino County Sheriff agrees with this finding.
No recommendations for this finding
F15
The south coast has one resident sergeant and one resident deputy. There is one vacant deputy position. Persons arrested on the south coast are taken directly to the County Jail in Ukiah. Response: (Sheriff, Mendocino County Sheriff’s Office) The Mendocino County Sheriff agrees with this finding.
No recommendations for this finding
F16
Due to remoteness and lack of other forms of communication on the coast, communication between officers and/or their office has always been difficult. Patrol car radios work intermittently, and there is limited cell phone reception. Officer safety is compromised when deputies cannot call for back-up; citizen safety is also a concern when an officer cannot receive a call for service. Response: (General Services Agency Director) The GSA Director agrees with this finding. Response: (Sheriff, Mendocino County Sheriff’s Office) The Mendocino County Sheriff generally agrees with this finding. There are many remote areas of the county where radio coverage is either nonexistent or intermittent. Cell phone coverage along the coast tends to be much worse Board of Supervisors Response Approved Sept. 23, 2008 Combined Response: Mendocino County Board of Supervisors Director, Mendocino County General Services Agency Mendocino County District Attorney Sheriff, Mendocino County Sheriff’s Office than in inland area. Deputies must always consider radio reception and adjust their tactics accordingly.
Related Recommendations (1)
R16
DNA/Biological evidence
F17
The aging microwave system, which provided communication only intermittently, is being replaced. Response: (General Services Agency Director) The GSA Director agrees with this finding. Response: (Sheriff, Mendocino County Sheriff’s Office) The Mendocino County Sheriff disagrees in part with this finding. The current microwave system performed dependably for many years. The intermittent communication described by this finding is not so much a problem with the microwave system as with the number of VHF radio repeaters connected to the microwave. The new microwave system will offer significantly improved capacity, security, dependability and redundancy. Installation of additional VHF radio repeaters (connected to the microwave system) will improve coverage for deputies in the field.
Related Recommendations (1)
R17
Sexually Violent Predators (SVP cases)
F18
Emergencies requiring mutual aid may include the California Highway Patrol, the U. S. Coast Guard, local fire departments, Fort Bragg Police Department, State Park rangers and State Fish and Game officers. . Response: (Sheriff, Mendocino County Sheriff’s Office) The Mendocino County Sheriff agrees with this finding.
Related Recommendations (1)
R18
Domestic Violence/Elder Abuse/Child Abuse
F19
The evidence room was observed. Records of evidence are kept by hand. Response: (Sheriff, Mendocino County Sheriff’s Office) The Mendocino County Sheriff generally agrees with this finding. Deputies enter property and evidence information into our records management software, but evidence room records are kept by hand.
No recommendations for this finding
F20
Evidence must be held until a case is final. Response: (Sheriff, Mendocino County Sheriff’s Office) The Mendocino County Sheriff generally agrees with this finding, although there are exceptions. Response: (Mendocino County District Attorney) It is agreed that evidence must be held until a case is final. The concern lies in the meaning of “final” for purposes of evidence retention/destruction. This decision can be made for cases that are prosecuted, by following the case Board of Supervisors Response Approved Sept. 23, 2008 Combined Response: Mendocino County Board of Supervisors Director, Mendocino County General Services Agency Mendocino County District Attorney Sheriff, Mendocino County Sheriff’s Office through the court system. Determining when a case is final may take a period of years. Typically, the determination is straightforward when the defendant enters a plea of guilty or no contest. However, defendants can file a motion to withdraw plea, and depending on the court’s ruling, the case can start anew. In matters that are appealed following a conviction by a jury, the case may remain “open” for a period of years. The larger, more difficult determination of when a case is “final” for the evidence clerks occurs in a number of different patterns. For example, different timelines exist for cases that are rejected for filing by the District Attorney’s Office, or in situations when a suspect has not been identified. Some evidence requires a court order to be destroyed (weapons, drugs, evidence seized pursuant to an search warrant). To help the Grand Jury understand the complexity of the issue, I am including the evidence retention considerations listed in the Butte County Policy:
Related Recommendations (1)
R20
Drug diversion cases
F21
Purging of evidence requires time consuming investigation into the disposition of the case. Response: (Sheriff, Mendocino County Sheriff’s Office) The Mendocino County Sheriff agrees with this finding. Board of Supervisors Response Approved Sept. 23, 2008 Combined Response: Mendocino County Board of Supervisors Director, Mendocino County General Services Agency Mendocino County District Attorney Sheriff, Mendocino County Sheriff’s Office Response: (Mendocino County District Attorney) Mendocino County District Attorney agrees with this finding.
Related Recommendations (1)
R21
Bench warrant vs. arrest warrant
F22
An electronic fingerprinting machine is available for persons applying for certain licenses/permits, those seeking concealed weapons permits, and volunteer positions or jobs, such as those dealing with children. Response: (Sheriff, Mendocino County Sheriff’s Office) The Mendocino County Sheriff agrees with this finding. The system is referred to as LiveScan.
Related Recommendations (1)
R22
Search warrant Board of Supervisors Response Approved Sept. 23, 2008 Combined Response: Mendocino County Board of Supervisors Director, Mendocino County General Services Agency Mendocino County District Attorney Sheriff, Mendocino County Sheriff’s Office
F23
There is now an electronic security system to prevent break-ins. The system also covers the rear of the substation. Response: (General Services Agency Director) The GSA Director agrees with this finding. Response: (Sheriff, Mendocino County Sheriff’s Office) The Mendocino County Sheriff agrees with this finding.
Related Recommendations (1)
R23
General purge considerations A) Statute of limitations considerations B) Agency may initiate C) Currency
F24
The security gate to the rear of the substation has been repaired. It required a new motor and a new lock system that operates with a remote control. Response: (General Services Agency Director) The GSA Director agrees with this finding. Response: (Sheriff, Mendocino County Sheriff’s Office) The Mendocino County Sheriff agrees with this finding.
Related Recommendations (1)
R24
Photograph and release option The attachment for the statute of limitations consideration is 31 pages long. In conclusion, the District Attorney will work diligently with the Sheriff to streamline the process of evidence retention/destruction: said efforts to include notification of cases that have legally concluded. Efforts for both departments will continue to be problematic until a new case management system is put in place and additional personnel hired. Comments Purging of evidence is a tedious job requiring much investigation. With the availability of computers, the Mendocino County District Attorney’s office could furnish the date of final disposition of a case to the Sheriff’s main evidence depository in Ukiah. This change would reduce the time required for investigation by the evidence clerks. The Fort Bragg Sheriff’s substation provides a necessary and valuable service to coastal residents. There are great expectations that the new countywide microwave system will provide reliable communications, especially for coastal law enforcement and other coastal emergency providers.
F25
The barbed wire atop the fencing around the perimeter of the rear of the substation, that was cited in last year’s Grand Jury report, has now been repaired. Response: (General Services Agency Director) The GSA Director agrees with this finding. Response: (Sheriff, Mendocino County Sheriff’s Office) The Mendocino County Sheriff agrees with this finding. Board of Supervisors Response Approved Sept. 23, 2008 Combined Response: Mendocino County Board of Supervisors Director, Mendocino County General Services Agency Mendocino County District Attorney Sheriff, Mendocino County Sheriff’s Office
No recommendations for this finding
Comments 1
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CO1Purging of evidence is a tedious job requiring much investigation. With the availability of computers, the Mendocino County District Attorney’s office could furnish the date of final disposition of a case to the Sheriff’s main evidence depository in Ukiah. This change would reduce the time required for investigation by the evidence clerks. The Fort Bragg Sheriff’s substation provides a necessary and valuable service to coastal residents. There are great expectations that the new countywide microwave system will provide reliable communications, especially for coastal law enforcement and other coastal emergency providers.