📋

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.

San Bernardino County Grand Jury • 2003-2004

Public Defender

19 pages

View PDF View Full Original

⚠️ 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 4 findings

F1 Page 55

Departments are unwilling to delete the information from hard drives

F2 Page 55

Some departments have technicians who believe it is useful to have inventory

Misappropriation of parts $260 million worth of supplies and services is purchased annually for County departments. At least 7-8 signatures are required to finalize a purchase. The department collects approximately $80,000 annually from three public sales of surplus property. Labor costs reduce the profit to $30,000. To save money, the department wants to conduct just two sales of surplus properties to the public yearly. 41 2003-2004 San Bernardino County Grand Jury Final Report Board of Supervisors approval is required only if services and construction exceed $25,000 per item. If budgeted by the department, there is no limit on goods, supplies and materials any County department can obtain. Our investigation found that the Purchasing Department needs new procurement software programs for much of the work it now does manually. It is not possible to obtain the necessary software that is compatible with the current County Financial Management System program. The only software program now available for the Purchasing Department is AMS 3.0. It is not compatible with the current Financial Management System software AMS 2.1.1. The Information Services Department explored a plan that would work, using the two software versions. This plan would cost the County $1,206,200, plus a one-time start-up cost of $185,015. It is not a long term solution, only a temporary one. Along with the high costs, the two systems will never be completely synchronized, and the departments would have different data. To get a complete current, accurate financial picture, the different departments will have to utilize both systems. This is not a practical solution. It will cost the County $5,000,000 to update the Financial Management System and purchase procurement software for the Purchasing Department. COMMENDATION THE PURCHASING DEPARTMENT IS COMMENDED FOR BEING HONORED THREE CONSECUTIVE YEARS WITH THE “EXCELLENCE IN PROCUREMENT” AWARD.

4,094 minor filings A case is defined by the Administrative Office of the Courts as a filing of a document with the court naming a person or defendant or respondent. Members of the Grand Jury observed the arraignments calendar in the Central District Superior Court. The Public Defender is usually assigned to defendants at arraignment. Defendants are required to fill out a form listing name, address, phone number and a Social Security number, which is optional. They are then required to pay a $25 fee. This fee can be waived by the Judge. When a case is closed, the procedure calls for a hearing to determine if defendants are truly indigent or if they can afford to employ a private attorney. This procedure is frequently waived by the Judge. If an assessment is charged, it is usually less than what 52 2003-2004 San Bernardino County Grand Jury Final Report the actual costs are. They are frequently uncollected. The amount collected in 2002-2003 and returned to the General Fund along with the $25 filing fee, totaled approximately $650,000. The total budget of the combined Public Defender and Conflicts Panel was $27.3 million. The Public Defender does not investigate whether clients are indigent or not. The Courts, however, use a form titled “Information sheet on Waiver of Court Fees and Costs (Calif. Rules of Court, rule 985)”, numbered 982(a)(17)(A). It is used only in Family Court. This form verifies the needs and financial information of an applicant, making it possible for the Court to make a much more informed decision. According to the National Advisory Commission of the American Bar Association, the caseload of a full-time defense attorney or assigned counsel shall not exceed 150 felonies yearly, 400 misdemeanors annually, or 250 juvenile offender cases per year. Based on the Grand Jury investigation, using the number of cases recommended by the National Advisory Commission of the American Bar Association doubles the workload of the San Bernardino County Law Offices of the Public Defender. Insisting on a more efficient investigation for eligibility for indigent legal assistance reduces the number of cases for the Public Defender and the Conflicts Panel. The 2002-2003 Grand Jury found security at the Juvenile facility in the San Bernardino office to be substandard. It recommended improving the security between the public and employees’ areas. The County agreed with the recommendation and ordered the improvements to be implemented. This was scheduled for October of 2003, but as of April 2004 it had not been implemented.

Recommendations 28

R04-38
Page 52

ADOPT THE UTILITY ANALYSIS AUDIT BY MACIAS CONSULTING GROUP, INC. AND INCORPORATE ITS FINDINGS INTO THE FACILITIES MANAGEMENT DEPARTMENT.
R04-39
Page 52

ENDORSE THE FACILITIES MANAGEMENT DEPARTMENT’S EFFORTS TO INCLUDE ALL COUNTY BUILDINGS ON THEIR COMPUTER PROGRAM, WHICH WILL ENHANCE THE ABILITY TO CONTROL AND PROJECT COSTS WITHIN THE DEPARTMENT.
R04-40
Page 52

REINSTATE STAFFING LEVELS IN THE FACILITIES MANAGEMENT DEPARTMENT TO A LEVEL THAT BRINGS THE SIZE OF THE AREA COVERED BY CUSTODIAL AND MAINTENANCE STAFF TO A LEVEL THAT IS SUBSTANTIALLY CLOSER TO INDUSTRY STANDARDS.
R04-41
Page 52

RESTORE FUNDS TO ENABLE THE FACILITIES MANAGEMENT DEPARTMENT TO ASSIGN CUSTODIAL AND MAINTENANCE STAFF TO EVENING AND NIGHT SHIFT WORK. 38
R04-42
Page 54

RE-WRITE STANDARD PRACTICE 12-04, SECTION 3, ASSIGNMENT OF VEHICLES, CATEGORY V – PERSONAL USE LIMITED TO COMMUTING, TO ELIMINATE THE ABILITY OF DEPENDENTS OF COUNTY EMPLOYEES OR OFFICIALS TO OPERATE COUNTY VEHICLES.
R04-43
Page 54

REVIEW ALL POLICIES AND PROCEDURES RELEVANT TO FLEET MANAGEMENT AND UPDATE THEM TO COMPLY WITH CURRENT ESTABLISHED POLICIES AND PROCEDURES.
R04-44
Page 54

COMPLY WITH THE RECOMMENDATIONS OF THE FLEET COUNSELOR SERVICES AUDIT NOW IN PROGRESS, IF SUBSTANTIAL SAVINGS ARE SHOWN BY CONSOLIDATING THE VARIOUS FLEETS INTO ONE DEPARTMENT. 40
R04-45
Page 56

IMPLEMENT POLICIES TO STANDARDIZE THE HANDLING OF SURPLUS COMPUTERS, PRINTERS AND OTHER EQUIPMENT TO ASSURE THAT THE COUNTY IS ADEQUATELY REIMBURSED FOR THE SALE OF SURPLUS EQUIPMENT.
R04-46
Page 56

CONDUCT SURPLUS PROPERTY SALES TWICE A YEAR.
R04-47
Page 56

PURCHASE THE AMS VERSION 3.0 PROCUREMENT SOFTWARE FOR PURCHASING, COUPLED WITH UPGRADING THE AUDITOR/ CONTROLLER-RECORDER’S FINANCIAL MANAGEMENT SOFTWARE FROM AMS VERSION 2.1.1 TO 3.0, AT A COST OF APPROXIMATELY FIVE MILLION DOLLARS ($5,000,000). 42
R04-48
Page 61

CREATE A COMMUNITY PROSECUTION UNIT IN THE DISTRICT ATTORNEY’S OFFICE TO WORK IN THE COMMUNITY ON CRIME PREVENTION.
R04-49
Page 61

MOVE THE DISTRICT ATTORNEY ORGANIZATIONS CURRENTLY HOUSED AT 412 HOSPITALITY LANE IN SAN BERNARDINO CLOSER TO THE CRIMINAL COURTS.
R04-50
Page 61

CONSOLIDATE ALL OF THE DISTRICT ATTORNEY CENTRAL BRANCH ORGANIZATIONS INTO A LOCATION WITHIN WALKING DISTANCE OF THE CRIMINAL COURTS. 46
R04-51
Page 63

HIRE AND TRAIN MORE PROBATION OFFICERS TO ATTAIN A BETTER CASELOAD RATIO.
R04-52
Page 63

ESTABLISH A SPECIAL COLLECTIONS UNIT WITH NEW POSITIONS IN THE PROBATION DEPARTMENT THAT WORKS CLOSELY WITH PROBATION OFFICERS AND MONITORS THE ABILITY OF DEFENDANTS TO MAKE RESTITUTION TO THEIR VICTIM(S) AND/OR PAY THEIR SUPERVISION FEES.
R04-53
Page 63

REINSTATE HIGH-RISK OFFENDER SUPERVISION AND CREATE A SPECIAL SEX OFFENDER UNIT USING THE LATEST TECHNOLOGY FOR SUPERVISING SUCH OFFENDERS.
R04-54
Page 63

REQUIRE THE PROBATION DEPARTMENT TO PROVIDE THE COUNTY WITH MONTHLY REPORTS ON THE VISION QUEST OPERATION.
R04-55
Page 63

APPLY COSTS BUDGETED FOR FOOD, MEDICAL AND INTAKE SERVICES TO EACH OF THE PROBATION PROGRAMS, SUCH AS CAMP HEART BAR, KUIPER YOUTH CENTER AND THE REGIONAL YOUTH EDUCATIONAL FACILITY TO SHOW A COMPARISON OF COST PER INDIVIDUAL IN DETENTION. 48
R04-56
Page 64

ENLARGE THE CAMP HEART BAR FACILITY AND INCREASE THE NUMBER OF CADETS IN ITS PROGRAM USING PRESENT CAPITAL IMPROVEMENT PLANS. 49
R04-57
Page 66

PURCHASE OR CONSTRUCT CONTAINERS FOR THE PUBLIC ADMINISTRATOR/PUBLIC GUARDIAN/CONSERVATOR STORAGE WAREHOUSE TO ADEQUATELY AND SECURELY HOUSE ESTATE PROPERTIES.
R04-58
Page 66

CONSTRUCT A NEW DESERT DIVISION STAND-ALONE FORENSIC/ INVESTIGATIVE FACILITY OF AN ESTIMATED 10,740 SQUARE FEET ON COUNTY PROPERTY AT DALE EVANS PARKWAY IN THE TOWN OF APPLE VALLEY.
R04-59
Page 66

IMPLEMENT THE CORONER AND SHERIFF’S PLAN TO RETAIN NEEDLES’ RESIDENT DEPUTY SHERIFFS AS DEPUTY CORONERS. HUMAN RESOURCES WOULD NEED TO ESTABLISH A NEW JOB CLASSIFICATION OF DEPUTY SHERIFF/CORONER. 51
R04-60
Page 68

WITHHOLD FUNDING TO THE INDIGENT DEFENSE FUND UNTIL A MORE EFFECTIVE PROCEDURE FOR DETERMINING ELIGIBILITY IS IMPLEMENTED.
R04-61
Page 68

INCREASE THE NUMBER OF ATTORNEYS IN THE LAW OFFICE OF THE PUBLIC DEFENDER.
R04-62
Page 68

REESTABLISH A COMPLETION DATE FOR SECURITY IMPROVEMENTS AT THE PUBLIC DEFENDER’S JUVENILE FACILITY IN SAN BERNARDINO. 53
R04-63
Page 70

COMBINE THE CORONER WITH THE SHERIFF’S DEPARTMENT.
R04-64
Page 70

RELOCATE THE SHERIFF’S AVIATION DIVISION TO AN AREA THAT HAS FEWER HIGH WIND INCIDENTS PER YEAR AND INTO BUILDINGS THAT ARE SEISMICALLY SECURE AND WITH UPGRADED FACILITIES.
R04-65
Page 70

RELOCATE THE SHERIFF’S VALLEY DISPATCH CENTER INTO A MORE MODERN AND SEISMICALLY SECURE BUILDING THAT PROTECTS EQUIPMENT AND THE PERSONNEL. 55