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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.

Tulare County Grand Jury • 2009-2010

The Grand Jury is the “watchdog” of: Tulare Administrative Office (cao) Board of Supervisors

31 pages

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⚠️ 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 12 findings

F1 Page 13

During the Government Plaza evacuation drill conducted at the emergency evacuation drill on Government Plaza was over three December 17, 2009 the following years ago. was observed: a. Some agencies did not have an 4. The Government Plaza Building is assigned individual to check if in owned by Tulare County and located fact all persons in their agency had within the Visalia City limits. Ø 8 TULARE COUNTY GRAND JURY REPORT 2009-2010 CONCLUSIONS

City officials later stated that the meeting in San Jose violated the Ralph 15 × TULARE COUNTY GRAND JURY REPORT 2009-2010

F3 Page 13

The previous fire and emergency

F4 Page 21

Provide a full public accounting of cost

Building maintenance for the Government Plaza was the Emergency and evacuation drills are responsibility of the Tulare County essential and necessary to help save lives Resource Management Agency (RMA) in case of a real emergency. The in December 2009. On January 26, emergency evacuation drill did identify 2010, this responsibility was taken several problematic issues and emergency over by the Tulare County equipment deficiencies. However, not all Administrative Office, General of these issues were discovered at the Services Division. time of the drill. The fact that they were not reported to the Tulare County Safety

The walk through inspection of the Officer initially, demonstrates the need for Government Plaza revealed: improvement. b. Several emergency lights do not function.

F7 Page 21

In 2000, 63 % of the City’s fire calls for RECOMMENDATIONS service were for medical aid/assist.

F8 Page 21

The fire fighting training that the police including the business community and officers are going through does not retail property owners, to make them include Emergency Medical Technician aware of the changes that have (EMT) or Paramedic training. occurred with the consolidation of police and firefighters.

The City made the assertion that refuse collection is a “specialized The fact that the City considered items in service” and as such would fall under the proposals that were not requested in City Ordinance No. 579, Section the RFP indicates that not all of the 3.36.110 relating to “Professional companies that submitted proposals were and Specialized Services”. This playing on an equal playing field. One section states that it applies to “The company was given preference for acquisition of copyrighted and programs that were not required in the patented items, specialized or RFP and other companies were not professional services, and services allowed to adequately respond. If the City for which there is no reasonable was interested in these programs, all alternative which is of equal or better companies that submitted a proposal quality or nature, shall be made by should have been given the opportunity to following the procedures set forth in respond, or the programs should have this Section. been identified in the RFP. A. The purchase order or contract award for such professional or The City claims that since this was a specialized services or materials proposal and not a bid, City Ordinance No. shall have a copy of a statement 579, Section 3.36.100 does not apply. attached thereto by both the Regardless of what the process is called, a vendor or contractor and the City contract was negotiated in violation of City Administrator stating the reasons Ordinance No. 579, Section 3.36.100. and the specific copyright or The Grand Jury does not believe that patent circumstances which have refuse collection would fall under the given rise to the invoking of this “Professional and Specialized Services” exception to the competitive section of the City Ordinance. Paragraph acquisition process set out in this E of this section states “’Professional Chapter. Services’ means work performed by specially trained and experienced persons, The original of such statement shall firms or corporations rendering be filed with the City Clerk.” professional services and advise (sic) such The Grand Jury was unable to find as accounting, auditing, financial advisory, any such statement. securities underwriting, legal, medical, engineering, architectural, environmental,

F10

The contract negotiated with Sunset economic, real estate, insurance, Waste contains a provision for a appraisal, lobbying, public relations, 13 × TULARE COUNTY GRAND JURY REPORT 2009-2010 ordinance codification and publication, or 2. Offer the senior citizen discount similar such highly specialized services.” specified in the contract. However, if refuse collection does fall 3. If the City intends to use the RFP under this exemption the City failed to process, adopt an ordinance to follow it’s own procedures by failing to specify the process. attach a statement stating the “...reasons

F11

The training costs provided by the City City of Lindsay Director of Public do not include the additional cost that will be required to cover the shifts of the employees in training during their absence. CONCLUSIONS Prior to the consolidation, the firefighters need for equipment and adequate living quarters were lacking. It appears as if the needs of the police were given priority over those of the firefighters. While the City should be commended for cross training police and firefighters, the City should thoroughly investigate the history of the prior consolidation and subsequent separation of functions in an effort to avoid having history repeat itself. Ø 16 TULARE COUNTY GRAND JURY REPORT 2009-2010 EXETER DISTRICT AMBULANCE BOARD ON THE MEND?

F12

On October 27, 2009, the County Tax Collector advised the BOS that a draft of a revised TOT ordinance would be before the BOS in January 2010.

Recommendations 11

R1
Page 12

All contracts, whether obtained through a RFP or bid process, comply with City Ordinance No. 579, Section 3.36.100. Ø 14 TULARE COUNTY GRAND JURY REPORT 2009-2010 CITY OF LINDSAY PUBLIC SAFETY MERGER
R2
Page 13

All Board members file an accurate signed into law on October 7, 2005. and complete Form 700 as required One Board member who has been a by State law. board member for more than ten years, has no record of ethics training
R3
Page 13

All Board members complete ethics until December 19, 2009. training as required by State Law.
R4
Page 13

Provide a full public accounting of cost
R5
Page 13

Require all agencies within the
R6
Page 13

A new Board Member was approved
R7
Page 13

Procedures regarding the safe safety hazards within the evacuation of physically disabled Government Plaza. individuals from the second floor are not adequate. 3. Provide fire and emergency evacuation procedures to all
R8
Page 13

The Tulare County Safety Officer personnel during their orientation provided all agencies in the and training. Government Plaza with a summary report of the December 17, 2009 fire 4. Conduct emergency and evacuation and emergency evacuation drill. drills annually at the Government However, this report does not include Plaza and all other occupied Tulare all of the deficiencies identified by County buildings. the walk through inspection.
R9
Page 13

Prior to December 17, 2009, some Government Plaza to communicate, agencies housed at the Government with the County Safety Officer in Plaza did not have written or posted writing, to identify all emergency Fire and Emergency Evacuation equipment deficiencies and what Plans. corrective actions are initiated after every emergency evacuation drill.
R10
Page 13

Abatement of all unsafe conditions have not been completed in an 6. Check every office, as part of the expeditious manner. emergency evacuation drill to ensure 9 × TULARE COUNTY GRAND JURY REPORT 2009-2010 a written Fire and Emergency above designated emergency exit Evacuation Plan is posted. doors throughout the Government Plaza and all other occupied Tulare
R11
Page 13

The training costs provided by the City City of Lindsay Director of Public do not include the additional cost that will be required to cover the shifts of the employees in training during their absence. CONCLUSIONS Prior to the consolidation, the firefighters need for equipment and adequate living quarters were lacking. It appears as if the needs of the police were given priority over those of the firefighters. While the City should be commended for cross training police and firefighters, the City should thoroughly investigate the history of the prior consolidation and subsequent separation of functions in an effort to avoid having history repeat itself. Ø 16 TULARE COUNTY GRAND JURY REPORT 2009-2010 EXETER DISTRICT AMBULANCE BOARD ON THE MEND?

Conclusions 12

CL1

The City made the assertion that refuse collection is a “specialized The fact that the City considered items in service” and as such would fall under the proposals that were not requested in City Ordinance No. 579, Section the RFP indicates that not all of the 3.36.110 relating to “Professional companies that submitted proposals were and Specialized Services”. This playing on an equal playing field. One section states that it applies to “The company was given preference for acquisition of copyrighted and programs that were not required in the patented items, specialized or RFP and other companies were not professional services, and services allowed to adequately respond. If the City for which there is no reasonable was interested in these programs, all alternative which is of equal or better companies that submitted a proposal quality or nature, shall be made by should have been given the opportunity to following the procedures set forth in respond, or the programs should have this Section. been identified in the RFP. A. The purchase order or contract award for such professional or The City claims that since this was a specialized services or materials proposal and not a bid, City Ordinance No. shall have a copy of a statement 579, Section 3.36.100 does not apply. attached thereto by both the Regardless of what the process is called, a vendor or contractor and the City contract was negotiated in violation of City Administrator stating the reasons Ordinance No. 579, Section 3.36.100. and the specific copyright or The Grand Jury does not believe that patent circumstances which have refuse collection would fall under the given rise to the invoking of this “Professional and Specialized Services” exception to the competitive section of the City Ordinance. Paragraph acquisition process set out in this E of this section states “’Professional Chapter. Services’ means work performed by specially trained and experienced persons, The original of such statement shall firms or corporations rendering be filed with the City Clerk.” professional services and advise (sic) such The Grand Jury was unable to find as accounting, auditing, financial advisory, any such statement. securities underwriting, legal, medical, engineering, architectural, environmental,
CL2

The contract negotiated with Sunset economic, real estate, insurance, Waste contains a provision for a appraisal, lobbying, public relations, 13 × TULARE COUNTY GRAND JURY REPORT 2009-2010 ordinance codification and publication, or 2. Offer the senior citizen discount similar such highly specialized services.” specified in the contract. However, if refuse collection does fall 3. If the City intends to use the RFP under this exemption the City failed to process, adopt an ordinance to follow it’s own procedures by failing to specify the process. attach a statement stating the “...reasons
CL3

Building maintenance for the Government Plaza was the Emergency and evacuation drills are responsibility of the Tulare County essential and necessary to help save lives Resource Management Agency (RMA) in case of a real emergency. The in December 2009. On January 26, emergency evacuation drill did identify 2010, this responsibility was taken several problematic issues and emergency over by the Tulare County equipment deficiencies. However, not all Administrative Office, General of these issues were discovered at the Services Division. time of the drill. The fact that they were not reported to the Tulare County Safety
CL4

The walk through inspection of the Officer initially, demonstrates the need for Government Plaza revealed: improvement. b. Several emergency lights do not function.
CL5

Board Members address the public only when recognized by the Chairman. This impoverished community has three Districts and a Joint Powers Authority that
CL6

Use a job selection process that ensures must fill their Boards with citizens from within a qualified person is placed in all the service area. A community this small is positions. Promote office staff to unlikely to have enough people with the time, management only when definite interest and experience to function as knowledge, skills and abilities to fill that qualified board members. It appears that the position are demonstrated. needs of the community would be better served by a consolidation to a Public Utilities
CL7

No one other than the Executive District or a Community Service District as Director involve themselves in the day to permitted by law. day operations or management of the Alpaugh JPA. Because Board meetings are not controlled, business cannot be conducted in an orderly
CL8

Amend the By-Laws of the Alpaugh JPA and expeditious manner. This condition is and the Joint Exercise of Powers aggravated by the polarization of the Board. Agreement to appoint an Executive Director only in the absence of a The Alpaugh JPA Board of Directors appear to Manager. have no knowledge of the Joint Exercise of Powers Agreement, the By-Laws or any
CL9

Keep personnel files up to date in a California Government Codes that relate to secure location and provide a written the administration of Special Districts. performance evaluation at least every two years. The over vigilance of staff and yelling at employees created a stressful and hostile
CL10

Comply with Senate Bill 343, which workplace. became law on July 1, 2008, by posting the following notice on the agenda:
CL11

Prior to the consolidation, the firefighters need for equipment and adequate living quarters were lacking. It appears as if the needs of the police were given priority over those of the firefighters. While the City should be commended for cross training police and firefighters, the City should thoroughly investigate the history of the prior consolidation and subsequent separation of functions in an effort to avoid having history repeat itself. Ø 16 TULARE COUNTY GRAND JURY REPORT 2009-2010 EXETER DISTRICT AMBULANCE BOARD ON THE MEND?
CL12

Because jackets for use at the Main Jail roof top exercise area are shared, it is possible to transfer disease and/or infestation.

Comments 1

CO1

The contact person on the complaint had no knowledge that a complaint