City of Atwater Complaint Number 02-03-14 Introduction/background a complaint was received from a citizen of the City

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  The Atwater City Council should review its current policy for appointing planning commissioners to be in compliance with state law. Response No response received from the Atwater City Planning Commission. 2002-2003 Grand Jurv Report - 50 - Grand Jury Follow-up No action taken. Merced County Board Supervisor-Complaint Number 01-02-19 Grand Jury Recommendation #1 A Code of Ethics Policy should be in place for the Board of Supervisors. Response Another item mentioned in the Grand Jury Report was something called a "Code of Ethics". The Board of Supervisors has adopted a Code of Conflicts pursuant to the code sections set forth above. Grand Jury Follow-up Response accepted. Grand Jury Recommendation #2 The County Planning Department needs to improve and strictly enforce its permit policies, even when a Supervisor is involved. Response The Planning and Community Development Department has a consistent and formalized zoning code compliance program. There are no new policies or procedures needed to address the concerns raised in the Grand Jury investigation . However, in response to the Grand Jury's findings and recommendations, the Department will endeavor to pursue of enforcement allpending cases whether they involve elected officials or other citizens, and we will continue to utilize the services ofthe District Attorney when we have exhausted all the avenues available to the department in bringing a property into compliance with County Code requirements. Grand Jury Follow-up Response accepted. Grand Jury Recommendation #3 The County Public Works Road Division needs to implement and regulate a Roadway Impact Agreement tracking system. Response No response received regarding this recommendation Grand Jury Follow-up No action taken. 2002-2003 Grand JuryReport -51- Grand Jury Recommendation #4 All permit holders within the county should be held accountablefor any violation of their permit conditions. Response See response to #2 above. Grand Jury Follow-up Response accepted. Grand Jury Recommendation #5 The Planning Department must equally enforce policies and regulations for all individuals conducting business in Merced County. Response See response to #2 above. Grand Jury Follow-up Response accepted. Grand Jury Recommendation #6 Inquiries made by County Supervisors to department heads, on behalf of their constituents, should be submitted in writing. Response No response received regarding this recommendation. Grand Jury Follow-up. No action taken. Merced County Sheriff's Department-Complaint Number 01-02-22 Grand Jury Recommendation #1 Proper training should be provided to correctional officers before they are asked to be Officer in Charge. Grand Jury Recommendation #2 Appropriate compensation should be given to correctional officers when they meet all training criteria and are assigned to Qfficer in Charge status . Grand Jury Recommendation #3 To avoidfurther confusion, the list should only contain names of those who have been trained and are qualified to be Officer in Charge. 2002-2003 Grand Jury Report -52- Response We currently utilize Correctional Sergeants, CO III's and on occasion, CO II's to supervise a shift. The vast majority of the time, supervision is scheduled to be handled by the CO III and Sergeants. Our duties are 365 days ayear, 7daysa week, 24 hours a day. With that said, the conditions under which we work and the circumstances make it impossible to staff the totalyear with CO III 's and Sergeants. It has always been a law enforcement practice to have Officers in Charge that are traditionally senior personnel and have qualified, through on-the-job training, and are willing to accept a leadperson role for a short period of time . They only handle the immediate need of one shift and are not required to do the other duties of a supervisor, i . e., approving time off, scheduling and disciplinary issues. We intend to identify concerns of the Employee's Association and deal with County Personnel to see if their concerns are dealt with in upcoming MOU's. Grand Jury Follow-up Response accepted. Grand Jury Recommendation #4 The correctional officers who were deniedpromotion as a result ofthe blacklist should be reconsideredfor any future promotions or tofilladditional positions. Response On June 7, 2002, the Law Offices ofBennett & Shape, Inc. 9256N6 Street, Suite 150, Fresno, CA, filed a Petitionfor Writ ofMandate on behalfofMerced County Sheriff's Employees 'Association vs. County ofMerced, Board ofSupervisors, County ofMerced, Gary Carlson, Sheriff-Coroner, County ofMerced. (Case No. 145987) The Writ cites some of the concerns among others that are contained in Complaint 01-02- 22. I, (Sheriff Gary T. Carlson) along with Assistant SheriffrMark Pazin and Correctional Administration, met with representatives of the Merced County Sheriffs Employee Association and discussed the issues at hand. We agreed on a course of action that met both of our concerns and subsequently the Writ ofMandate has been withdrawn. This matter will be worked out in upcoming MO U's with Merced County and the Merced County Sheriff "s Department Policies and Procedures. Grand Jury Follow-up Response accepted. Merced County Sheriff's Department-Complaint Number 01-02-24 Grand Jury Recommendation #1 The County, including elected officials, needs to apply county rules and policies in a fair and equitable manner, regardless of the person's position. 2002-2003 GrandJuryReport -53- Response Every member of County Government is required to apply all laws, rules, and regulations and policies in afair and equitable manner, regardless of a person's position Anything less is unacceptable. Grand Jury Follow-up Response accepted. Grand Jury Recommendation #2 Since there is no policyfor disciplinary action against elected employees, the County needs to develop and enforce a mechanism to protect the employees and itselffrom sexual harassment issues. Response, The Sheriffs of this State are held to standards much higher than other positions within the County or State. The Peace Officer's Code ofEthics spells out standards. The Grand Jury can be impaneled to check on the Sheriff's actions and the State Attorney General oversees the various Sheriff's conduct. Please let's not forget secret ballot elections and the ability of the voters to decide if a person gets thejob or retains it. Last, but not least, the ability of the voters to recall an elected ofcial . Grand Jury Follow-up Response accepted. Grand Jury Recommendation #3 The county's F.F,OC officer should be able to seek legal opinions outside of County Counsel so the employee's complaint does not present a conflict of interest with county liability. Response The duties of the County Counsel include representing the county against claims of liability and providing legal advice to the Board of Supervisors, the ChiefExecutive Officer, all department heads and elected officials. In that capacity, the County Counsel is the only authorized legal advisor to the county's Equal Employment Opportunity Officer. There is no conflict of interest, as a matter of low, because the mission of the Equal Employment Opportunity Officer and the County Counsel are the same : to assure that the county, its officers, employees and departments comply with the law. Grand Jury Follow-up Response accepted. Grand Jury Recommendation #4 The Sherif's Department needs to enforce policies for investigation of wrongdoing by officials in the department so they do not end up investigation themselves. These 2002-2003 Grand Jurv Revort -54- procedures should include employingprivate outside investigators to conduct independent investigations. Response We have and do retain outside investigative services to deal with sensitive or high profile matters occurring within the department. Grand Jury Follow-up Response accepted. Grand Jury Recommendation #5 The Sheriff's Office must actively enforce the zero-tolerance policy for sexual harassment. Response The Sheriff adheres to the Zero Tolerance Policyfor sexual harassment and has all complaints investigated and matters referred to the F.F,OC Officer and County Administration. Grand Jury Follow-up Response accepted. 2002-2003 GrandJuryReport
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  I, (Sheriff Gary T. Carlson) along with Assistant SheriffrMark Pazin and Correctional Administration, met with representatives of the Merced County Sheriffs Employee Association and discussed the issues at hand. We agreed on a course of action that met both of our concerns and subsequently the Writ ofMandate has been withdrawn. This matter will be worked out in upcoming MO U's with Merced County and the Merced County Sheriff "s Department Policies and Procedures. Grand Jury Follow-up Response accepted. Merced County Sheriff's Department-Complaint Number 01-02-24 Grand Jury Recommendation #1 The County, including elected officials, needs to apply county rules and policies in a fair and equitable manner, regardless of the person's position. 2002-2003 GrandJuryReport -53- Response Every member of County Government is required to apply all laws, rules, and regulations and policies in afair and equitable manner, regardless of a person's position Anything less is unacceptable. Grand Jury Follow-up Response accepted. Grand Jury Recommendation #2 Since there is no policyfor disciplinary action against elected employees, the County needs to develop and enforce a mechanism to protect the employees and itselffrom sexual harassment issues. Response, The Sheriffs of this State are held to standards much higher than other positions within the County or State. The Peace Officer's Code ofEthics spells out standards. The Grand Jury can be impaneled to check on the Sheriff's actions and the State Attorney General oversees the various Sheriff's conduct. Please let's not forget secret ballot elections and the ability of the voters to decide if a person gets thejob or retains it. Last, but not least, the ability of the voters to recall an elected ofcial . Grand Jury Follow-up Response accepted. Grand Jury Recommendation #3 The county's F.F,OC officer should be able to seek legal opinions outside of County Counsel so the employee's complaint does not present a conflict of interest with county liability. Response The duties of the County Counsel include representing the county against claims of liability and providing legal advice to the Board of Supervisors, the ChiefExecutive Officer, all department heads and elected officials. In that capacity, the County Counsel is the only authorized legal advisor to the county's Equal Employment Opportunity Officer. There is no conflict of interest, as a matter of low, because the mission of the Equal Employment Opportunity Officer and the County Counsel are the same : to assure that the county, its officers, employees and departments comply with the law. Grand Jury Follow-up Response accepted. Grand Jury Recommendation #4 The Sherif's Department needs to enforce policies for investigation of wrongdoing by officials in the department so they do not end up investigation themselves. These 2002-2003 Grand Jurv Revort -54- procedures should include employingprivate outside investigators to conduct independent investigations. Response We have and do retain outside investigative services to deal with sensitive or high profile matters occurring within the department. Grand Jury Follow-up Response accepted. Grand Jury Recommendation #5 The Sheriff's Office must actively enforce the zero-tolerance policy for sexual harassment. Response The Sheriff adheres to the Zero Tolerance Policyfor sexual harassment and has all complaints investigated and matters referred to the F.F,OC Officer and County Administration. Grand Jury Follow-up Response accepted. 2002-2003 GrandJuryReport