2017-2018 Grand Jury Report

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  The Lassen County Board of Supervisors and The Susanville City Council are commended for working together to bring a pool facility back to the Susanville area. Also, The Pennies for Pool program is appreciated for bringing in thousands of dollars to help support the pool initiative. The Authority has recognized the value of the Pennies for the Pool program by continuously inquiring about the status of the money. For all of this, as a community, we are grateful. Required Response It is the Grand Jury’s decision that we are requiring a response from the Honey Lake Valley Recreation Authority Board of Directors. In it, covering the solutions given for the concerns outlined above. 18 Lassen County Veteran’s Service Office Introduction The Lassen County Veteran’s Service Office (LCVSO) is not the Federal Veterans Administration; it is a county-based organization, funded by both Lassen County and the State of California, serving veterans and their families by helping them obtain Federal and State of California Veteran’s benefits.
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  20 The Veterans Service Office is commended for providing within its resources professional and quality services to Lassen County veterans and their families, in an efficient compassionate manner. 21 Employment Practices By The City of Susanville Reason for Inquiry: Citizen Complaint Background Information: The Lassen County Grand Jury received a citizen’s complaint regarding the employment practices conducted by the City of Susanville. The belief was there were several potential discrepancies with these employment practices. This would include both the hiring and termination procedures used for individuals who were previously or are current employees by the City of Susanville. Henceforward, the City of Susanville will be known as “City” in this report. Inquiry Procedures: A committee of the Lassen County Grand Jury: a. Interviewed several individuals who possessed intimate knowledge of the employment practices utilized by the City. b. Reviewed documents associated with the hiring practices of the City, including those connected with the hiring of the Chief of Police in 2016. c. Investigated past practices utilized by the City for hiring employees. It was discovered there was a lack of consistency with using these procedures. These inconsistencies appeared to develop around 2014 and had continued up to the time this complaint was received. Discussion: During this investigation, it became quite apparent there were a myriad of discrepancies with the hiring and firing process used by the City Administrator. In turn, these were supported by the Susanville City Council during the 2016 hiring process of the police chief. This evidence was supported by several issues, including: The lack of transparency of the Susanville City Council’s vote to approve the hiring of the new police chief. This should have occurred either in an open city council meeting or reported after adjournment from a closed session. 22 The obvious absence of a public “swearing in” ceremony. These events have been conducted for previous Susanville chief’s in recent history. The termination of City employees who had voiced displeasure with the process. Potential Peace Officer Bill of Rights (POBR) violations were noted. Findings: The Grand Jury concluded: F1. The Susanville City Council failed to assure a fair hiring practice for the police chief. This occurred by allowing the City Administrator sole power to conduct the entire hiring process. F2. The Susanville City Council failed to cross reference the changes to the job announcement bulletin during the process of hiring a police chief. The changes to the job announcement reduced the qualifications necessary to be hired. This should have been a red flag warning, but instead appeared to be ignored. F3. Current and former City employees and members of the public had expressed concerns regarding the City Administrator’s management style and hiring practices. While this information was presented to the City Council, it appeared warranted yet went unheeded. This responsibility falls directly upon the shoulders of the Susanville City Council. F4. When it came to the hiring of City employees, we found that the Susanville City Council allowed the City Administrator far too much latitude. This was inappropriate and there was an extreme lack of checks and balances. F5. During this investigation, it was discovered there were many circumstances wherein the Susanville City Council appeared to use a closed session for business which should have been conducted in an open session. This eliminated any possibilities for public input and media coverage. It also served as a lack of transparency with possible civil code or Brown Act violations. F6. The Lassen County Grand Jury requested certain documentation from the City but it was never provided. When additional information was made available, it 23 was stalled and did not arrive in a timely fashion; in the end, inhibiting this investigation. Recommendations: R1. Update City policy and procedures for the hiring and termination of City employees. Upon completion, assure the Susanville City Council and all department heads are knowledgeable in these policies and they are not deviated from. R2. The Susanville City Council should take a more active role in the hiring of City employees, specifically the department heads. R3. All of the Susanville City Council members should consider making recurring visits to City departments. These visits should include speaking with rank and file personnel as well as supervisors. In doing so, this may garner potential detrimental information which may not be readily provided by managers or department heads. R4. The Susanville City Council is the chief operating authority for the City. Complete accountability ultimately stops with the five elected council members. Should this authority be relinquished to any one individual, it is fundamentally necessary for the Susanville City Council to validate all information received prior to the making of major decisions which could financially damage the City. R5. The Susanville City Council should take steps to provide more transparency when it comes to the hiring or termination of key City employees. R6. When the Lassen County Grand Jury conducts an information request from the City, it is essential this be provided in the timeframe given without excuses or justifications. Time is always critical for a Grand Jury as interviews, collection of documents and evidence, and final reports must be completed within a limited timeframe. Future delays and/or obstructions will not be tolerated. Required Response: It is the Grand Jury’s decision that we are requiring a response from the Susanville City Council. In it, covering the solutions given for the concerns outlined above. 24 DETENTION FACILITIES California Penal Code 919(b) mandates the Grand Jury “inquire into the conditions and management of all detention facilities within their county.” The following is a summary of those inquiries. INTERMOUNTAIN CONSERVATION CAMP On April 10, 2018, the Lassen County Grand Jury toured Intermountain Conservation Camp located four miles north of Bieber on 80 acres of land in the pines at the base of Big Valley Mountain. The Grand Jury was greeted by the camp lieutenant and sergeant, two Cal Fire captains, the Warden of California Correction Center, the Correctional Administrator for camps, and some of the California Correction Center Camp Office staff. The primary mission of the camp is to provide inmate fire crews for fire suppression. In addition to fire suppression, inmate fire crews provide a work force for floods, conservation projects, and community services. On an average, conservation crews dedicate over eight million hours of project work each year to federal, state, and local government agencies. They save the California taxpayers millions of dollars annually. Intermountain Camp performs work projects including fire hazard reduction, forest, range, and watershed enhancement, and other conservation work for many stakeholders. The camp’s sphere of influence for community work projects extends north to the Oregon border, encompassing both the Klamath and Tulelake National Wildlife Refuges and Lava Beds National Monument. To the west are Burney Falls State Park, Lassen National Forest, Hat Creek, the Pit River, and the mountain communities of McArthur, Fall River Mills, and Burney. To the south, the camp works in the Lassen Volcanic National Park and to the north side of Eagle Lake. The eastern boundary extends into Modoc National Forest and includes the communities of Adin, Bieber, Nubieber, and Lookout. 25 Intermountain crews are also a valuable resource to the state in fire suppression, flood control, and other emergency responses. During 2017, Intermountain Conservation Camp provided the local communities with 8,800 hours of project and conservation work. State agencies benefited from 16,114 hours and federal agencies—3,680. In addition, crews dedicated 9,896 hours of work to the Burney Fuel Break, a project funded by Shasta-Trinity Unit SRA dollars. The fire season of 2017 saw Intermountain Crews dispatched to 73 incidents and logging over 100,200 hours of fire suppression. An inmate fire crew provided the LCGJ with a demonstration of one of the timed exercises they will be performing as part of the process to qualify to fight fires. After the demonstration the Grand Jury toured the camp and saw the different shops and machinery used to maintain the vehicles and the camp itself, warehouses, laundry facility, the leisure time areas, sleeping quarters, chapel, and dining room. The camp was clean and well maintained despite its being 56 years old. The Grand Jury would like to thank the staff for such an informative tour and for the snacks and wonderful lunch provided. The information received during this tour fortifies the importance of the camp program and the services the camps provide to the taxpayers of California. 26 CALIFORNIA CORRECTIONAL CENTER On Tuesday, October 31, 2017, the 2017-2018 Lassen County Grand Jury (LCGJ) toured the California Correctional Center (CCC) located near Susanville. After an initial briefing by the warden and management staff of CCC’s mission, there was a question and answer session. The warden and the management team strongly emphasized the importance of rehabilitation and re-entry programs for inmates housed in the facility. Though restricted by budget, they are trying to improve the areas that house these programs. The warden remained with the Grand Jury throughout an extensive tour through Facilities A, B, C housing, education, vocation, medical, camp, kitchen, Investigative Service Unit and Outpatient Housing Unit. CCC management and staff were present to inform the Grand Jury of the mission of each facility in great detail. Included on the tour was the “Pups on Parole” program which is celebrating eleven years of success and over 500 dogs adopted. Summary: CCC was constructed in 1963 as a minimum-security prison, which included Facilities A, B and M. In 1987 the prison was expanded to include Facility C, which houses level III inmates. The primary mission of CCC is to receive, house, and train minimum custody inmates for placement into the 18 conservation camps located throughout Northern California. Working collaboratively with the California Department of Forestry and Fire Protection (Cal Fire), these camps are strategically located throughout the north state to provide fire suppression hand crews as well as an organized labor force for public conservation projects and other emergency response needs of the state. Services provided through the conservation camp program saves taxpayers an average of over 80 million dollars per year. Work projects associated with conservation camps support municipal, county, state, and federal government agencies, including schools, parks, cemeteries, and public recreation areas. 27 Additionally, CCC provides meaningful work, training, educational, and substance abuse treatment programs for inmates who do not meet the criteria for assignment to a conservation camp. These alternative assignments include academic and vocational trade programs, facility maintenance jobs, food service positions, and other facility support assignments. CCC offers a wide assortment of positive leisure time activities, including numerous self-help improvement programs such as literacy, alternatives to violence, addiction recovery, veterans’ affairs, religious services, and athletic programs. The Grand Jury observed many of the daily operations of education, which range from remedial education to Bachelor Degrees and several in-depth vocational programs. The Grand Jury took special note of the enthusiastic and positive approach displayed by education and vocational staff. The Grand Jury toured Antelope Camp and the Fire Department. These facilities provide many valuable services to the institution and to the county. The camp provides inmate hand crews for fire suppression, emergency services, and community projects. The Fire Department is one of two paid fire departments in Lassen County. They provide mutual aid to 17 volunteer fire districts covering approximately 4,750 square miles. Antelope Camp and the Fire Department have a long history of providing mutual aid to the residences of Lassen County and is relied on to respond promptly and provide additional staffing when needed. Of particular note, CCC is involved with many beneficial community events. These include numerous fund-raising activities and donations, as well as blood drives in which CCC staff donated 93 pints of blood for the year 2017. Each facility visited by the Grand Jury was clean and well run. No discrepancies were noted. The Grand Jury gratefully acknowledges the hospitality, patience and professionalism of the warden and staff during our visit. 28 HIGH DESERT STATE PRISON The 2017-2018 Lassen County GJ toured High Desert State Prison (HDSP) on October 20, 2017. Members of LCGJ were greeted by the Chief Deputy Warden and department managers for a briefing and question and answer session. HDSP’s mission is to protect the public by providing humane and safe supervision of offenders and to provide offenders with quality health care through meaningful encounters with licensed medical, dental, and mental health professionals and inspire to improve patient satisfaction. HDSP offers tools to effect change of culture, and inspire offenders to self- rehabilitate by facilitating educational opportunities, re-entry services, recreational activities, and leisure time activity group programs to reduce recidivism. The Grand Jury was escorted on an extensive tour of the facility. Summary HDSP currently houses general population and sensitive needs high security (Level IV), medium security (Level III), and minimum security (Level I) inmates. The Level I inmates are housed in the minimum-security facility located outside of the main institution. HDSP is now testing inmates in the Comprehensive Adult Student Assessment System (CASAS) in earnest and has had many students show gains. Students taking part have passed the GED at a rate doubling that of the previous year. CASAS is the most widely used competency-based assessment system in the United States. HDSP has been involved with the Department’s Re-entry Hub program. Re-entry Hub programming is geared to ensure that, upon release, offenders are ready for the transition back into society. The core of Re-entry Hub programming is Cognitive Behavior Treatment (CBT) programming. It is an evidence-based program designed for inmates who have a moderate to high risk to re-offend, assessed by the California Static Risk Assessment, and who have assessed criminogenic need, as identified by the Correctional Offender Management Profiling for Alternative Sanctions and/or other assessment(s) identified by California Department of Corrections and Rehabilitation (CDCR). 29 CBT programs address the following major areas: Substance Abuse, Criminal Thinking, Anger Management, and California ID process. Beginning soon, every facility will have a Re-entry Program for all eligible inmates. This will enable CDCR to bring the program to the inmates rather than moving inmates around the state to go to the program. The isolated and rural setting of HDSP has resulted in fewer staff available than in more populated areas. When staffing levels are too low to be filled with volunteer overtime, holdover overtime is required. This situation is slightly alleviated with the arrival of newly graduated officers. However, staff shortage remains a concern. HDSP has mutual aid agreement with the Sheriff’s Office, the California Highway Patrol, and the Susanville Police Department. The “School Crisis Program” is a very successful result of this program. The LCGJ was very impressed with the overall cleanliness and organization of the prison. Both custody and support staff provided open and candid responses to our inquiries and are to be acknowledged for the job they do in a highly stressful and confined setting with many high security and sensitive needs inmates. The Grand Jury is most appreciative for the hospitality extended by the Chief Deputy Warden and staff. 30 LASSEN COUNTY ADULT DETENTION FACILITY On February 1, 2018, the Lassen County Grand Jury toured the Lassen County Adult Detention Facility (LCADF) located in Susanville. The sheriff briefed the Grand Jury on the accomplishments and challenges faced by the department by both officers patrolling the streets and officers working in the detention facility. Following the briefing the Grand Jury was guided throughout the facility. Summary Constructed in 1991, the building remains in good condition. There are some areas within the building that are not currently being utilized as they do not apply to current needs and the kitchen is scheduled for remodeling. The facility can house as many as 156 inmates. Housing for female inmates in very limited. Health care services for the LCADF are provided by the California Forensic Medical Group. The LCADF offers numerous educational and participatory programs including, but not limited to, Business Career Network, Resume` and Interview Training, GED Training (1/3 of current inmates need their GED), college classes, Drug and Alcohol Abuse classes, and Mental and Behavioral Health classes. Computers and tablets are used as an incentive for participation in some programs. Minutes are credited by participation. The time earned is utilized for designated leisure activities. Culinary training is in the planning stages, as well as HVAC and auto mechanics. Instructors are volunteers from throughout the community and from local businesses. The LCADF currently houses 90 inmates with an average stay of 7 to 8 months. Implementation of AB 109 has increased the length of stay. Sentenced and non- sentenced inmates are housed together. The open dorm housing is not ideal and security issues are a continued concern. Inmates that demonstrate an inability to participate in the general population or are disruptive are housed in the Special Housing/Security Housing Unit. There is a need for more space for special needs inmates, however, no counselors or mental health support are available or on staff. Upon arrival to the LCADF, inmates are issued an orientation manual which includes the grievance 31 procedure. All complaints are handled within the facility. Serious or severe allegations receive independent review by a third party. The jailers do not have to attend an academy, which is required for deputies. It has been a difficult task to retain officers due to relatively low salaries and the high cost of health care coverage. At the request of the sheriff, the Lassen County Board of Supervisors granted a Deputy 2 level to be added to the pay scale. This offers the deputies an opportunity for advancement and a pay increase. It is hoped that this may help to retain trained and qualified personnel. The sheriff emphasized the importance of hiring from within the community and is working on offering qualified applicants and jailers the opportunity to receive paid training at the academy. The sheriff believes that local hiring and advancement from within the department could be a reasonable solution to the high turnover rate that the department is currently experiencing. The facility is clean and well organized but is an older building and could use some repairs. There are improvements currently underway and future upgrades are under consideration pending funding. No discrepancies were noted during the tour. The Grand Jury wishes to express appreciation to the sheriff and staff for their time and hospitality. 32 LASSEN COUNTY JUVENILE DETENTION FACILITY On February 1, 2018 the Lassen County Grand Jury toured the Lassen County Juvenile Detention Facility (LCJDF). The LCJDF is approximately 25 years old and appears to be in good condition, was very clean, and is currently undergoing renovation. The facility includes a classroom, kitchenette, courtroom and visitation area, large outdoor recreation area which includes a vegetable garden, and sleeping quarters. Court is conducted within the premises, reducing the need to transport juveniles to the courthouse. Visitation is scheduled for one hour four days a week. Summary The positions include administrative, teacher, and counselors. All LCJDF employees, with the exception of the teacher, receive correctional officer training. The primary duty of the Correctional Counselor is the supervision, treatment, and rehabilitation of juveniles accused of or adjudged responsible for criminal or delinquent conduct. The facility is designed to hold a maximum of 40 juvenile offenders. Juveniles can be housed at the LCJDF until the age of 21. At the time of the Grand Jury’s visit, the number of juvenile detainees was three. LCJDF also contracts with Modoc and Plumas counties for use of the facility and staff. The counselor to youth ratio during the waking hours must not exceed one counselor for every ten detainees. During sleeping hours, the ratio changes to one counselor to 30 detainees. Meals are prepared and delivered by the LCADF. Health care is provided by the California Forensic Medical Group via contract with the LCADF. All detained youths must participate in school. Juvenile detainees are evaluated during the intake process through a series of questions, both verbal and written, and documentation. Programs provided for detainees include, but are not limited to, counseling for substance abuse, pregnancy, anger management, life skills, and parenting. Gardening, nutrition skills, and cooking skills are also offered. The Lassen Career Network assists with resume’ writing, job applications, and interviewing skills. Staff teaches a communication and awareness program that includes group discussion and journaling. 33 Religious services are provided by a volunteer, non-denominational pastor. LCJDF appears to be clean and well organized. No discrepancies were noted during the visit. The Grand Jury acknowledges the job counselors and support staff do in support of the youth detained at the facility. The Grand Jury thanks the administration and staff for their time and hospitality throughout the tour. 34 FEDERAL CORRECTIONAL INSTITUTION AT HERLONG The 2017-2018 Lassen County Grand Jury toured the Federal Correctional Institution at Herlong on March 22, 2018. While the Grand Jury is required to visit all jails and prisons in the County, it does not have jurisdiction over the Federal Institutions. Nonetheless, interested members of Lassen County Grand Jury were invited to visit the facility. Summary The Herlong facility is one of the 118 Federal Correctional Facilities across the United States. It is a medium security facility which houses approximately 1400 prisoners and employs just under 300 staff. The facility is clean and in good repair. There are several educational and trade programs offered to the prisoners including drug rehabilitation and pre-release planning. Most are released into their community at the end of their confinement through a halfway house program and remain on probation for 3 to 5 years. Exercise opportunities are scheduled, and most religious affiliations are accommodated. The Grand Jury expresses gratitude for the hospitality extended to those members who attended the tour. 35

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