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Kings County Grand Jury • 2014-2015

Kings Mosquito Abatement District

Published: February 22, 2016 61 pages

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⚠️ 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 31 findings

The Kings County Animal Services and Shelter is lacking sufficient space to efficiently conduct daily operations.

The Kings County animal intake area is used for specialty and canned food storage and is lacking workspace.

The Kings County Animal Services does not accept checks, credit or debit cards. Recommendation 3 The County should investigate the implementation and acceptance of debit cards to make the programs more user friendly for the public. This would also reduce the need to keep cash at the Shelter and make the process safer for the staff and public. This method of payment is allowed by Cal.FAC §3125519 if the County of Kings Board of Supervisors authorize it. A surcharge may be imposed to cover the rate of discount that the credit or debit card issuer debits the local agency. Avenal Animal Control and Shelter

A large percentage of animals from Avenal and Corcoran are euthanized at the Avenal Animal Shelter. Appendix (5) Recommendation 4 The Avenal Shelter should expand their outreach with no kill rescue shelters so more animals are adopted instead of being euthanized.

The Avenal Animal Shelter does not spay/neuter or vaccinate animals.

The Avenal Animal Shelter does not implant microchips.

The Avenal Shelter reports that they do not fine the owner of any unaltered animal that is impounded. This does not comply with Cal. FAC §30804.720. Recommendation 7 Comply with California Food and Agriculture Code §30804.721. Hanford Animal Control

The City of Hanford charges $15 for a one-year license for a spayed or neutered dog and $25 for a nonspayed or unneutered dog, which is in violation of CGC §38792(b)22 and Cal. FAC §30804.523. Appendix (4) 21 Appendix (4) 22 Appendix (1) 23 Appendix (3)

Hanford Animal Control reports that they do not fine the owner of any animal that is impounded by animal control that has not been spayed or neutered. This does not comply with Cal. FAC §30804.724. Recommendation 9 Comply with California Food and Agriculture Code §30804.7.

F10

Hanford Animal Control does not accept credit or debit cards.

F11

The Hanford Animal Control Officers do not have access to drugs to euthanize animals that are severely injured.

F12

Lemoore charges $15 for a one-year license for a spayed or neutered dog and $25 for a nonspayed or unneutered dog. This does not comply with CGC §38792(b)26 and Cal. FAC §30804.527 24 Appendix (4) 25 Appendix (5) 26 Appendix (1) 27 Appendix (3) Recommendation 12 Comply with CGC §38792(b) and Cal. FAC §30804.5.

F13

Lemoore does not accept credit or debit cards. Recommendation 13 Lemoore should investigate the implementation and acceptance of debit and/or credit cards to make the programs more user friendly for the public. This would also reduce the need to keep cash at the Shelter and make the process safer for the staff and public. This method of payment is allowed by Cal. FAC §3125528 if the City Council would authorize it. A surcharge may be imposed to cover the rate of discount that the credit or debit card issuer debits the local agency.

F14

Lemoore reports that they do not fine the owner of any unaltered animal impounded by animal control and has not been spayed or neutered. This does not comply with Cal. FAC §30804.729.

F15

The Corcoran Animal Control Officer reports they do not always fine the owner of any animal that is impounded by animal control, whether or not it has been spayed or neutered. This does not comply with Cal. FAC §30804.730. Recommendation 15 Comply with California Food and Agriculture Code §30804.7.

F16

Corcoran does not post any pictures of animals impounded which are available for public viewing. Recommendation 16 28 Appendix (5) 29 Appendix (4) 30 Appendix (4) Post pictures at a location in Corcoran or establish a web address where the public could check for lost animals. REQUEST FOR RESPONSES Required Response Pursuant to Penal Code, §933.(c)31 And §933.0532, the Grand Jury requests responses from individuals and governing groups as follows: Sheriff, Kings County responds to findings and recommendations 1, 2, and 3. Board of Supervisors, Kings County responds to findings and recommendations 1, 2, and 3. Avenal City Council responds to findings and recommendations 4, 5, 6, and 7. Hanford City Council responds to findings and recommendations 8, 9, 10 an 11 Lemoore City Council responds to findings and recommendations 12,13 and 14 Corcoran City Council responds to findings and recommendation 15 and 16. Invited Responses Kings County Animal Services Manager is invited to respond to findings and

F17

CORE software indicated an error of over six thousand dollars at one time when comparing the District information to the bookkeeper's information. This error reportedly occurred because of a loss of power at the District Office.

F18

Testimony by community members indicated their bills had been paid but were listed as delinquent. One instance presented was the inability of the manager to verify and relay any information about a delinquent payment to a customer or when the delinquency had occurred.

F19

Delinquent fees are not added to monthly billing charges in accordance with California Government Codes § 61115 (a) (3) (C)

F20

The Grand Jury was informed during interviews that the CORE software does not include an audit system. The Grand Jury was informed that some entries were changed and there was no way to tell who made the change.

F21

No policy or procedure manual was made available to the Grand Jury which included the policy and procedures required by the Government Codes. Recommendation 21 California Government Code § 61063 (a) "Each district shall adopt policies and procedures, including bidding regulations, governing the purchasing of supplies and equipment not governed by Article 43 (commencing with Section 20680) of Chapter 1 of Part 3 of the Public Contract Code. Each district shall adopt these policies and procedures by rule or regulation pursuant to Article 7 (commencing with Section 54201) of Chapter 5 of Division 2 of Title 5."

F22

The Grand Jury found no indication of any budget or Board minutes which indicate any plans in place to support and maintain the park after completion. Recommendation 22 The District should put in place plans to provide financing for the upkeep of the Park after it is turned over to the District. This would require a Proposition 218 of 1996 hearing.

F23

Many of the Board minutes indicating a closed session did not include the information required to be on the agenda. This is required by the California Government Code § 54954.5.

F24

The Grand Jury discovered the District did not have a records retention program in place as required by California Government Code. A number of documents requested by the Grand Jury could not be produced. The Grand Jury was informed that these records were destroyed by previous employees and/or Board Members. No records as required were available indicating what documents were destroyed.

F25

Notification to the County Elections Division of a vacancy on the Board were not made in a timely manner and did not comply with California Government Code § 1780. Recommendation 25 Within fifteen days after a notification of a vacancy on the board, the County Elections Division must be notified. The vacancy must be posted for at least fifteen days in at least three places within the District. An appointment to fill the vacancy must be made by the Board within 60 days of the original notification.

F26

Newly elected directors were not sworn in until the end of the January meeting.

F27

The Grand Jury found that the Directors did not have proper training in the Brown Act. Newly elected Directors come under the Brown Act when the elections are certified by the County Elections Division.

F28

The Grand Jury could not find any documents which appointed a District Secretary, or Treasurer. The 'District Manager' of the District does not perform the duties as listed in the California Government Code § 61050 for Community Service Districts for general managers. Investigations revealed the Manager exhibited limited knowledge of the job and did not appear to have the authority of the Board to perform the duties as required. A third party is contracted as the bookkeeper of the District. Recommendation 28 The District should comply with California Government Code § 61050. "(a) The board of directors shall appoint a general manager. (b) The county treasurer of the principal county shall serve as the treasurer of the district. If the board of directors designates an alternative depositary pursuant to Section 61053, the board of directors shall appoint a district treasurer who shall serve in place of the county treasurer. (c) The board of directors may appoint the same person to be the general manager and the district treasurer. (d) The general manager and the district treasurer, if any, shall serve at the pleasure of the board of directors.... (f) The board of directors may require the general manager to be bonded. The board of directors shall require the district treasurer, if any, to be bonded. The district shall pay the cost of the bonds." The duties and responsibilities for the general manager include those listed in California Government Code § 61051. "The general manager shall be responsible for all of the following: (a) The implementation of the policies established by the board of directors for the operation of the district. (b) The appointment, supervision, discipline, and dismissal of the district's employees, consistent with the employee relations system established by the board of directors. (c) The supervision of the district's facilities and services. (d) The supervision of the district's finances." Additional duties may be assigned at the direction of the Board. It is recommended that the District utilize the Kings County Treasurer as the District Treasurer and Bookkeeper.

F29

The Grand Jury had requested agendas be faxed to the Grand Jury when published. This has rarely been done without a phone call to the District. Recommendation 29 California Government Code § 54954 states: "Any person may request that a copy of the agenda or a copy of all the documents constituting the agenda packet, of any meeting of a legislative body be mailed to that person. If requested, the agenda and documents in the agenda packet shall be made available in appropriate alternative formats to persons with a disability, as required by Section 202 of the Americans with Disabilities Act of 1990 (42 U.S.C. Sec. 12132), and the federal rules and regulations adopted in implementation thereof."

F30

An additional fee was found by the Grand Jury to be added to contracted services. These services include sewer, trash, and street lighting. Ten percent is added to these services without a Proposition 218 of 1996 hearing. A California court case10 verified that user taxes masquerading as any other fee violate the law. The appellate court found against the City: 1) the California Constitution, as amended by Proposition 218, prohibits local governments from imposing new or increased taxes without first obtaining voter consent; 2) the City did not seek voter approval of the surcharge; and 3) the surcharge is an illegal tax listed as a franchise fee. Jacks v. City of Santa Barbara (2015) 234 Cal. App. 4th 925.

F31

The Grand Jury found no increase in water rates since 2007. Power requirements are increasing because of the lowering of the water table, the increase in electrical charges, a rising cost of chemicals and the removal of sludge developed by the arsenic treatment plant have increased the cost of water delivery. Recommendation 31 The District needs to closely monitor its expenses in providing service. REQUEST FOR RESPONSES Pursuant to Penal Code § 933 and § 933.05, the Grand Jury requests responses as follows: Required Responses From the following governing bodies: Kings County Board of Supervisors Home Garden Community Service District Board of Directors Invited Responses • General Manager of Home Garden Community Service District COMMENTS The Kings County Grand Jury thanks the members of the Board and the Staff of the Home Garden Community Service District and residents for their help and support during this review. It is recommended that the Kings County Board of Supervisors arrange for oversight, training and guidance for the District. It is recommended that the 2015-2016 Kings County Grand Jury look into the findings and recommendations of the 2014-2015 Grand Jury for compliance. The HGCS Board is commended for the change in contractors. JOE NEVESSTRATFORD-LEMOORE, DIST, I COUNTY OF KINGS RICHARD VALLE CORCORAN -AVENAL, DIST. II BOARD OF SUPERVISORS DOUG VERBOON NORTH HANFORD – NORTH LEMOOORE, DIST. III MAILING ADDRESS: KINGS COUNTY GOVERNMENT CENTER, HANFORD, CA 93230 RICHARD FAGUNDES OFFICES AT: 1400 W. LACEY BLVD., ADMINISTRATION BUILDING # 1, HANFORD HANFORD, DIST.V (559) 852-2362, FAX: (559) 585-8047 Web Site: http://www.countyofkings.com CRAIG PEDERSEN HANFORD-ARMONA, DIST. IV July 28, 2015 Honorable Thomas DeSantos Kings County Superior Court 1426 South Drive Hanford, CA 93230 Dear Judge DeSantos: In accordance with Section 933 of the California Penal Code, this letter is the Kings County Board of Supervisors' response to the Grand Jury Report entitled: "Home Garden Community Service District", received by the County on June 24, 2015. In the "Comments" section of the report, it states: It is recommended that the Kings County Board of Supervisors arrange for oversight, training and guidance for the District. Home Garden CSD is an independent government agency, and is charged with knowledge of the law and proper government procedures. Nonetheless, County agencies frequently receive requests for information and assistance from smaller local agencies, and County employees respond to those requests as appropriate. The County stands ready, willing, and able to do the same for Home Garden CSD in response to specific requests. Sincerely, Richard Plagardes Richard Fagundes Chairman, Board of Supervisors Home Garden Community Service District 11677 2nd Place Hanford, CA 93230 Phone (559) 582-4503 Fax(559) 582-4555 Tuesday, 8 September, 2015 Honorable Thomas DeSantos Kings County Superior Court 1426 South Drive Hanford, CA 93230 Dear Judge DeSantos In accordance with Section 933 of the California Penal Code, this letter is the Home Garden Community Services District's response to the Grand Jury Report entitled, "Home Garden Community Service District." For the reasons set forth below in the District's responses to each of the Grand Jury's findings and

Recommendations 30

R1

The county should budget for additional facilities to provide much needed space for staff and animals. Expansion may be possible by acquiring the area occupied by the Kings Mosquito Abatement District after they move to their new location.
R2

The Shelter needs expanded room so that the two functions are separated. This would cut down on the possibility of contamination of the food supply.
R3

The County should investigate the implementation and acceptance of debit cards to make the programs more user friendly for the public. This would also reduce the need to keep cash at the Shelter and make the process safer for the staff and public. This method of payment is allowed by Cal.FAC §3125519 if the County of Kings Board of Supervisors authorize it. A surcharge may be imposed to cover the rate of discount that the credit or debit card issuer debits the local agency. On March 17, 2015 the Board of Supervisors approved a contract with Link2Gov Corp allowing the County to accept and process payments via credit/debit card and EBT transactions. This agreement is the basis of the relationship in which the County and Lynk2Gov will work together to develop a debit/credit card based system. The County intends to begin implementing the system in those departments where fees, fines and payment arrangements already exist. Sincerely, John Hopmel Richard Fagundes, Chairman Kings County Board of Supervisors Cc: Grand Jury Foreman, Nick Kinney H:\admin\ADMIN\AGENDA\2015\Grand Jury Report\1415 Sheriff GJ Response.doc
R4

states: The Avenal Shelter should expand their outreach with no-kill rescue shelters so more animals are adopted instead of being euthanized. RESPONSE: The City of Avenal is pleased to provide the following statistical information which clearly indicates that euthanization of animals has, in fact, decreased over the past three (3) years due to the great outreach by Animal Control Staff to established rescue agencies/organization for the rescue of animals at the shelter. ANIMALS EUTHANIZED 2008-2014 2008 2010 2011 2009 2012 2013 2014 NEW ٠. SHELTER 372 374 375 435 207 122 122 The City commends Animal Control Staff for their consistent and continued outreach efforts working with rescue agencies/organizations to find homes for animals, which is a shared goal. 4 "Oasis in the Sun - Gateway to the Coast"
R5

Avenal should contract with or arrange for a local veterinarian or agency to provide low cost spaying, neutering, and vaccinating of animals. Efforts should be made to acquire a grant to lower the cost of spaying and neutering of dogs and cats.
R6

The Avenal Animal Shelter should investigate the possibility of providing microchips for adopted animals. If this is not possible, arrangements should be made with a local veterinarian, agency, or the Kings County Animal Shelter for this service.
R7

states: Comply with California Food and Agriculture Code §30804.721. 5
R8

Comply with CGC §38792(b) and Cal. FAC §30804.5.
R9

The District should procure a safe and have it installed so that it cannot be removed from the office.
R10

Hanford should investigate the implementation and acceptance of debit and/or credit cards to make the programs more user friendly for the public. This would also reduce the need to keep cash on hand and make the process safer for the staff and public. This method of payment is allowed by Cal. FAC §3125525 if the City Council would authorize it. A surcharge may be imposed to cover the rate of discount that the credit or debit card issuer debits the local agency.
R11

It is recommended that Hanford obtain a source of drugs to euthanize severely injured animals. This will decrease the time required to transport the animal to a veterinarian. Lemoore Animal Control
R12

Comply with CGC §38792(b) and Cal. FAC §30804.5. Lemoore Police Chief Comments: The Lemoore Police Department will soon present to City Council for approval a change to our current ordinance which will require mandatory spay and neutering for all dog permits issued by the City with the exception of those pet owners who are requesting a breeder permit. The fee for a spayed or neutered dog will be set at $15 for a one-year license. These changes to the ordinance will comply with CGC §38972(b) and Cal. FAC §30804.5. City Comments: The City concurs with the Lemoore Police Chief.
R13

All District bills should be paid in a timely manner before they are past due. This will prevent services being cut off or delinquent charges being added.
R14

Comply with California Food and Agriculture Code §30804.7. Corcoran Animal Control
R15

states: Comply with California Food and Agriculture Code §30804.7.
R16

states: Post pictures at a location in Corcoran or establish a web address where the public could check for lost animals. Our response to Finding 15 is as follows: 1031 Chittenden Avenue Corcoran, California 93212 Phone 559/992-5151 Fax 559/992-2391 1. Section 30804.7 (Food and Agriculture) provides in subdivision (b) that an animal control officer or peace officer "... may write citations with a civil penalty in an amount corresponding to the violation as provided in subdivision (a)" [emphasis added]. Subdivision (a) provides that civil fines "shall" be required for any citation issued in the amount of either $35, $50 or $100 depending on the level of occurrence. In order to enforce a civil fine, due process must be adhered to requiring an opportunity for a cited person to appeal any such fine. The City of Corcoran does not have the budgetary capabilities nor staffing available to set- up and maintain any such appeal structure to comply with minimum due process requirements. However, even if Corcoran did have the capabilities to comply with the due process requirements, Corcoran respectfully disagrees with the Grand Jury's analysis/finding that a fine "shall" be assessed against an owner for impounded animals. Rather, Corcoran interprets subdivision (b) to be discretionary; not mandatory ("... an animal control officer ... or peace officer ... may write citations with a civil penalty ..."). Only if a citation is issued "shall" a fine be levied. If the legislature intended that the citation was to be mandatory, it would have stated that the officer "shall write a citation." Use of "shall" and "may" in statutes are to be given their common usage definition; ordinarily "shall" is mandatory and "may" is permissive. Lexecon, Inc. V. Milberg, et al. U.S. 26, 35 (1998); Rastelli v. Warden, et al. F2d 17, 23 (2d Cir. 1986). Our Response to Finding 16 is as follows: Corcoran will post pictures of animals for public viewing in all appropriate instances. Thank you for the suggestion. Should Your Honor or the Grand Jury have any questions regarding our response, please let me know and we will do our best to answer any further inquiries or concerns. Respectfully submitted, Reuben Shortnacy Corporan Chief of Police cc: Kindon Meik, City Manager
R17

Investigate the possibility of installing a small power backup system for the billing computer. A backup supply of thirty minutes would provide adequate time to shut down the billing computer normally.
R18

The CORE software system should be analyzed and recommendations made to the Board to remove 'dead' accounts. This analysis should be made as a part of a normal Board meeting. After cleaning up the books, they should be checked continually to maintain accuracy.
R19

California Government Codes § 61115 (a) (3) (C) states "To provide for a basic penalty for the nonpayment of charges of not more than 10 percent, plus an additional penalty of not more than 1 percent per month for the nonpayment of the charges and the basic penalty. The board of directors may provide for the collection of these penalties." The CORE software should be able to compute the proper delinquent charges for the billing. If this is not possible, an investigation should be initiated to obtain a billing system which will include all the features needed.
R20

It is recommended that if the CORE software has an audit trail, it be turned on and the staff be trained in its use and utilized. If it does not provide an audit trail, the district should investigate getting a billing system which includes this feature. Any system acquired should have an audit trail to establish when and who made changes to accounts.
R21

California Government Code § 61063 (a) "Each district shall adopt policies and procedures, including bidding regulations, governing the purchasing of supplies and equipment not governed by Article 43 (commencing with Section 20680) of Chapter 1 of Part 3 of the Public Contract Code. Each district shall adopt these policies and procedures by rule or regulation pursuant to Article 7 (commencing with Section 54201) of Chapter 5 of Division 2 of Title 5." A procedure manual was accepted by the Board during their July meeting. Additional policies for District purchasing and bidding will be put into place during study sessions over the next two months. The district has joined with the county for purchasing of supplies with the county on the vendor contract.
R23

Comply with the requirements of the California Government Code § 54954.5 which states "For purposes of describing closed session items pursuant to Section 54954.2, the agenda may describe closed sessions as provided below. No legislative body or elected official shall be in violation of Section 54954.2 or 54956 if the closed session items were described in substantial compliance with this section. Substantial compliance is satisfied by including the information provided, irrespective of its format with respect to a closed session held pursuant to Section 54956.7."
R24

The District should put in place a records retention program. All agendas, minutes and maps of utilities should be on file forever. An excellent guide may be found at: This http://archives.cdn.sos.ca.gov/local-gov-program/pdf/records-management-8.pdf. guide also lists the state and federal codes which establishes the retention requirements.
R25

Within fifteen days after a notification of a vacancy on the board, the County Elections Division must be notified. The vacancy must be posted for at least fifteen days in at least three places within 10 the District. An appointment to fill the vacancy must be made by the Board of the original notification. The recommendation has been implemented. Any future vacancies to the Board will be in compliance with the California Government Code § 1780
R26

California Government Code § 61042 (a) states "The term of office of each member of a board of directors is four years or until his or her successor qualifies and takes office. Directors shall take office at noon on the first Friday in December following their election." Newly elected Directors should be sworn in as required by the code. It is recommended that they be sworn in at the start of the meeting so that they might participate in the meeting.
R27

All directors should have training in the Brown Act. It is recommended that this training be scheduled for the first meeting in November after an election to include current and newly elected Board Members. This training must be done in an open meeting.
R28

The District should comply with California Government Code § 61050. "(a) The board of directors shall appoint a general manager. (b) The county treasurer of the principal county shall serve as the treasurer of the district. If the board of directors designates an alternative depositary pursuant to Section 61053, the board of directors shall appoint a district treasurer who shall serve in place of the county treasurer. (c) The board of directors may appoint the same person to be the general manager and the district treasurer. (d) The general manager and the district treasurer, if any, shall serve at the pleasure of the board of directors.... (f) The board of directors may require the general manager to be bonded. The board of directors shall require the district treasurer, if any, to be bonded. The district shall pay the cost of the bonds." The duties and responsibilities for the general manager include those listed in California Government Code § 61051. "The general manager shall be responsible for all of the following: (a) The implementation of the policies established by the board of directors for the operation of the district. (b) The appointment, supervision, discipline, and dismissal of the district's employees, consistent with the employee relations system established by the board of directors. (c) The supervision of the district's facilities and services. (d) The supervision of the district's finances." Additional duties may be assigned at the direction of the Board. It is recommended that the District utilize the Kings County Treasurer as the District Treasurer and Bookkeeper. The Board of Directors is pursuing actions that will bring the District into compliance with applicable statutes.
R29

California Government Code § 54954 states: "Any person may request that a copy of the agenda or a copy of all the documents constituting the agenda packet, of any meeting of a legislative body be mailed to that person. If requested, the agenda and documents in the agenda packet shall be made available in appropriate alternative formats to persons with a disability, as required by Section 202 of the Americans with Disabilities Act of 1990 (42 U.S.C. Sec. 12132), and the federal rules and regulations adopted in implementation thereof." Actions have been taken to comply with all appropriate Govt. Code sections as well as any other applicable regulations.
R30

If the district would pass through the charges of these contractors they would be in compliance of the California Proposition 218 of 1996
R31

The District needs to closely monitor its expenses in providing service. V ı We agree with this Recommendation. We would like to express our gratitude to the 2014-15 Grand Jury for its diligent work. Sincerely, Harold Reed Chairman of the Board of Directors Harold & Red 14 .