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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.
Humboldt County Grand Jury
• 2004-2005
2005-hs-02 a Review of the Charter Schools of
⚠️ 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 15 findings
F1
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Freshwater Charter Middle School has a reported ratio of 10.8 students per computer. The state average is 5 and the county average is 4.1. Today, computer knowledge is essential to basic education.
F2
County Counsel reviews contracts for legality but not accountability or oversight responsibility.
F3
The Board of Supervisors failed to assume timely responsibility for animal control services, thereby creating a situation which made it necessary to enter into a non-negotiable contract that did not assure best value for public dollars.
F4
The City of Rio Dell did not periodically review the project or maintain files of the work in progress in the city offices as required by contract.
F5
The Grand Jury finds that MCSD has failed to repay “transfers” from the water and sewer Enterprise Funds made to the recreation and park Non-enterprise Fund.
F6
The Grand Jury finds that some decisions of the MCSD Board of Directors suggest a lack of familiarity with practices common to non-profit public Boards.
F7
The Grand Jury found conflicting evidence regarding teacher assignments and the 24 appropriateness of the teachers’ credentials.
F8
The Grand Jury finds that the DA has fired at least one experienced, highly-competent Deputy DA without having comparable replacements available.
F9
The Grand Jury finds that the “at will” employment status of Deputy DAs hinders the county in attracting quality, experienced prosecutors to work - or even to apply - in Humboldt County.
F10
The Grand Jury finds that the reasons for plea bargains in serious felonies as required by Penal Code Sections 1192.6 and 1192.7 are not documented in the court minutes.
F11
Engrave valuables for anyone who requests the service.
F12
Update law enforcement emergency-related information on businesses within the community.
F13
Assist in fingerprinting.
F14
Assist victims of natural disasters.
F15
Provide crime scene security. The Grand Jury finds that the various citizen patrol organizations provide a valuable service to their communities at very little cost. The Grand Jury recommends that all qualified Humboldt County citizens who are interested in serving as volunteers contact the Sheriff’s department or their local police department. They will be welcomed with open arms. Grand Jury Report #2005-PW-01 Code Enforcement Executive Summary The County of Humboldt would reap substantial benefits through the creation of a staff position for a Code Enforcement Officer. In the past, an extra-help employee for code enforcement actions brought in revenue to the county in excess of the cost of a full-time employee with benefits. Establishment of a Code Enforcement Unit within the county Department of Community Development Services, Economic Development Division, will generate much- needed revenue as well as discourage violations of building and planning code provisions. Note: since the Grand Jury did this investigation, but before publication of the report, the Board of Supervisors authorized and the Economic Development Division hired a full-time employee with benefits to do this work. The Grand Jury commends the Board of Supervisors for authorizing and the Economic Development Division for filling the position in Code Enforcement. WHO SHALL RESPOND: Pursuant to Penal Code Sections 933 & 933.05, responses to the Findings and Recommendations of Grand Jury Report #2005-PW-01 shall be as follows: (cid:127) No response is necessary. REPORT The Public Works Committee of the 2004-2005 Grand Jury interviewed employees of the county’s Department of Community Development Services, Economic Development Division. In the past, building, planning, and other code violations were often backlogged and not investigated. This resulted in an overall lack of enforcement of county regulations and loss of revenue the county could have collected in building/planning fees and fines. When violations were reported to the Department, a letter would be sent to the alleged offender but little or no follow-up occurred. Approximately three years ago, the Economic Development Division hired an extra-help employee to follow up on code enforcement issues. This individual has vigorously pursued code violations and has recovered revenues that more than pay for the position. The former backlog of cases has dwindled markedly. The Department is now levying fees and fines that bring much- needed income to the county’s General Fund. In April 2005, the Board of Supervisors approved the position of Code Enforcement Officer, a full-time county position with benefits. In May, the Division filled the position. The Grand Jury commends the Board of Supervisors for approving an exception to the hiring freeze and authorizing the Department of Community Development Services, Economic Development Division, to develop a code enforcement function. The Grand Jury further commends the Division for hiring an employee to bring dedication, enthusiasm, and creativity to code enforcement activities and thus pay for the position. Grand Jury Report #2005-PW-02 Community Development Executive Summary Development of affordable housing is a much-needed component of the county’s General Plan and efforts to provide such housing are already underway. However, the county needs to consider the wishes of the community and its input into both the type and location of affordable housing projects. Many citizens believe that the county did not consider the community’s wishes and input with regards to the Redwood Village project in Redway. The Grand Jury recommends that the county maintain careful supervision over such projects to ensure that future tenants have safe, well-built, and properly maintained housing. Who Shall Respond: Pursuant to Penal Code Sections 933 and 933.05, responses to the Findings and Recommendations of Grand Jury Report #2005-PW-02 shall be as follows: (cid:127) Humboldt County Department of Community Development Services shall respond to Findings and
Recommendations 30
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R1Page 26The Grand Jury recommends that Freshwater Charter Middle School invest in computer technology to the extent of its budget limitations. GRAND JURY REPORT # 2005-HS-06 A Review of Practices and Policies of Jacoby Creek Elementary School (a Charter District) Who Shall Respond: Pursuant to California Penal Code Sections 933 and 933.05, responses to the Findings and Recommendations of GRAND JURY REPORT # 2005-HS-06 shall be provided as follows: (cid:127) No response is necessary. Jacoby Creek Elementary School is a charter district serving 415 students from K - 8th grade. Fifty percent of the students come from outside the district borders. Jacoby Creek’s application and admission
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R1aPage 1The Grand Jury recommends that the Cast Boards create a leadership position
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R1bPage 1The Grand Jury recommends that a Deputy District Attorney with experience in and a commitment to CAST fill the leadership position.
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R1cPage 1The Grand Jury recommends the DA request additional clerical support staff positions from the Board of Supervisors.
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R1dPage 1The Grand Jury recommends the Board of Supervisors authorize the DA to hire additional clerical support staff.
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R2County Counsel should ensure that each county contract include provisions for a specific county department to be accountable in a measurable way and include a provision for a specific department to have oversight responsibility for the contract.
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R2aPage 1The Grand Jury recommends the DA continue and expand regularly-scheduled meetings with law enforcement to inform them of cases rejected for lack of information and/or evidence.
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R2bPage 1The Grand Jury recommends the DA’s office produce regularly-scheduled reports for law enforcement showing the disposition of each case. These reports must contain all relevant information regarding each case from inception to final resolution.
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R2cPage 1The Grand Jury recommends that the DA’s office confer with law enforcement agencies to ensure the reports contain the information they need.
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R3The County must assure that county departments adequately track contract expirations, so that a competitive bid process or at least negotiations can be initiated in time to insure cost-effective services without a break. Grand Jury Report #2005-CD-01 An Investigation into the First Time Home Buyer and Housing Rehabilitation Programs in the City of Rio Dell Executive Summary The Grand Jury finds that the First Time Home Buyer and Housing Rehabilitation Programs are not being adequately monitored by the City of Rio Dell. In July 2002, the city entered into a contract with state and federal agencies to establish a revolving loan fund of $500,000 to be loaned to low-income families to purchase a first home. The funds were also available for home rehabilitation loans. The loans are to be repaid to make the funds available for others. Although the contract states specific responsibilities for all parties, the City failed to meet the contractual responsibilities. The City contracted with Redwood Community Action Agency to administer the funds and manage the projects for a fee. The City Council authorized three First Time Home Buyer loans, one a combination of both the First Time Home Buyer and Housing Rehabilitation programs. Problems with this combination project became apparent very soon. Alarming structural and safety issues were ignored in favor of superficial cosmetic repairs. An investigation by the Grand Jury revealed that the program was not being monitored. For example, termite and structural reports were not being appropriately analyzed and corrective action was not taken. Serious health and safety issues were not addressed. Construction was done without an approved set of plans or a permit. The contract specifically requires both. While it is understandable that the small city finds it necessary to contract for the services of a project manager, it is essential for the city to maintain supervision of this third party. The Grand Jury recommends that the City of Rio Dell meet its oversight responsibilities as well as establish and implement procedures which will assure that health and safety issues take precedence in all home purchases and rehabilitation projects using public funds. Who Shall Respond:
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R3aPage 1The Grand Jury recommends the DA’s office, in cooperation with the Victim Witness Office, develop a written policy stating who shall promptly respond to inquiries. Prompt response is especially important to victims of crime.
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R3bPage 1The Grand Jury recommends the DA’s office immediately develop a small, quickreference office manual which includes how to handle correspondence and telephone calls so they will be dealt with in a timely manner. This would be especially useful for new hires.
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R3cPage 1The Grand Jury recommends the DA personally provide a good example by responding to inquiries quickly.
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R4The Grand Jury recommends that the City Council, the City Manager, and appropriate staff periodically review these projects and maintain proper records as required by the contract. If it is necessary to hire an outside agency to administer project, a representative of that agency should report regularly to the City Council and the City Manager. Oversight of these projects must be a priority. Grand Jury Report #2005-CD-02 Manila Community Services District 14 Executive Summary Manila Community Services District (MCSD) provides and manages both water and sewer services, and public recreation and parks. Water and sewer operations are self-supporting through the charge of user fees to customers. Recreation and parks operations are primarily funded by government grants, charitable donations, and fund-raising events. Recreation and parks do not charge significant user fees. Water and sewer funds are “loaned” to cover recreation and parks shortfalls; these “loans” are rarely repaid. Since water and sewer operations are vital to health and safety, greater priority needs to be given to system replacement, updates, improvements and repairs. While recreation and parks enhance culture and quality of life, costs and finances for such aesthetic civilities must not be allowed to overwhelm water and sewer operations. The Grand Jury recommends that MCSD discontinue using the water and sewer fund to subsidize recreation and parks. The Grand Jury further recommends that MCSD establish and maintain prudent reserves and comply with audit recommendations. Who Shall Respond:
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R5The Grand Jury recommends that MCSD adopt a plan to reduce and eventually eliminate the debt owed by recreation and park funds to the water and sewer fund.
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R5aPage 1The Grand Jury recommends that the Big Lagoon Charter School Network pay all its employees directly, deducting appropriate federal and state taxes and CalPERS, and paying premiums for state unemployment compensation and state workers’ compensation insurance.
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R5bPage 1The Grand Jury recommends that the Big Lagoon Charter School Network check with the Federal and State Internal Revenue Services and the Federal and State Departments of Labor to verify the legal definitions of “employee,” “independent contractor,” and “volunteer” to determine who shall have taxes and retirement deductions made, and for whom premiums should be paid for unemployment and workers’ compensation insurance.
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R5cPage 1The Grand Jury recommends that the Big Lagoon Charter School Network consult with CalPERS to determine the legitimacy of using a pass-through account to pay a person who is already retired and receiving retirement system benefits.
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R6The Grand Jury recommends that members of the Board of Directors take special training for board members of non-profit organizations. Training is available free or at minimal cost from both Humboldt Area Foundation and College of the Redwoods. Grand Jury Report #2005-HS-01 Visit to Humboldt County’s Family Connection Center Executive Summary: The Grand Jury interviewed employees and toured the Child Welfare Family Connections Center, a facility providing supervised visits for parents whose children are placed in temporary custody. The frequency and type of visits are determined by court order with transportation furnished by Child Welfare, if needed. Times of visits are arranged to meet children’s and parents’ schedules taking into consideration school and work. The facility is child-friendly, colorful, brightly-lit and welcoming. Books, activities, toys, craft supplies, games and comfortable furniture help provide a healthy atmosphere for the visits. Transportation of parents and children to the facility is sometimes inconvenient when car seats and cars are in two different locations. Who Shall Respond:
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R7Page 26The Grand Jury recommends that either the sponsoring agency (Big Lagoon Union Elementary District) or the Humboldt County Office of Education exercise vigilant oversight regarding the credentials held by teachers assigned to be the primary teachers of the core high school courses of English, Math, History, and Science. GRAND JURY REPORT # 2005-HS-05 A Review of Practices and Policies of Freshwater Charter Middle School Who Shall Respond: Pursuant to California Penal Code Sections 933 and 933.05, responses to the Findings and Recommendations of GRAND JURY REPORT # 2005-HS-05 shall be provided as follows: (cid:127) Freshwater Charter Middle School shall respond to Finding 1 and Recommendation 1. Freshwater Charter Middle School has served 7th and 8th graders from the Freshwater District for four years under the umbrella of the Freshwater Elementary School District. Its enrollment procedure is open and transparent, accepting all applicants in a standard priority order: those in the Freshwater School District, those who attended the 5th and 6th grades at Freshwater; and any other student. The admission application states clearly that there will be no admissions tests, tuition, “nor any discrimination against any applicant on the basis of ethnicity, national origin, gender, disability, or socio-economic status.” Instruction and assistance are available for students with special learning needs. The educational program serves students who desire and would benefit from the nurturing environment of a small school with high expectations for its students. The school is housed at Freshwater Elementary School, and has modern facilities. Financial management of state funds follows standard practices, and the financial transactions are handled through the Freshwater District’s business office. No third-party pass-through accounts are used. Financial oversight of public funds from its sponsoring agent is consistent with standard education code practices. All teachers at Freshwater Charter Middle School are fully credentialed. Counseling and special education resources are available on site. The school’s calendar is consistent with the Eureka City Schools District calendar (180 days), exceeding by 20 percent the number of days and minutes required of charter school students. Participation in statewide testing is strongly encouraged and participation rate meets the state’s recommended 95 percent.
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R8The Grand Jury recommends the DA refrain from firing Deputy DAs – except for cause - unless comparable replacement prosecutors are identified and are willing to work in Humboldt County.
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R9The Grand Jury recommends that a cross-file of shared cases be instituted so that APS and IHSS caseworkers have access to information and status of an individual’s case within the other division. DHHS RESPONSE TO R9: A formal written policy on cross-filing in each case file will be drafted and staff trained by March 31, 2005. (cid:127) The 2004-2005 Grand Jury received this update from DHHS: Workers and supervisors continue to confer and team cases in common. Written policies are in place and staff were trained and the policy was implemented in May 2005. REPORT 2004-HS-02 HUMBOLDT COUNTY’S FOSTER CARE PROGRAM NEEDS HELP NOW
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R9aPage 1The Grand Jury recommends that the DA develop and implement a system to provide job security for Deputy DAs protecting them from arbitrary firing. This should be done
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R9bPage 1The Grand Jury recommends that the Board of Supervisors be directly involved in working with the DA to develop and implement a system which provides job security for Deputy DAs.
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R10The Grand Jury recommends that the DA require that when a serious felony case is plea-bargained, the Prosecutor shall request the Court to order that the reasons for the plea bargain be reflected in the court minutes of the case. This will make the information readily available to the public and the media. Grand Jury Report #2005-LJ-03 Volunteer Patrols: A Boon to Law Enforcement Executive Summary The various volunteer police patrol organizations in Humboldt County provide valuable assistance to law enforcement. Each year the volunteers log many thousands of miles and provide many thousands of hours of volunteer time, saving the taxpayers many thousands of dollars. The Grand Jury urges interested citizens to contact the Sheriff’s department or their local police department to volunteer. Who Shall Respond:
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R11Engrave valuables for anyone who requests the service.
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R12Update law enforcement emergency-related information on businesses within the community.
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R13Assist in fingerprinting.
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R14Assist victims of natural disasters.
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R15Provide crime scene security. The Grand Jury finds that the various citizen patrol organizations provide a valuable service to their communities at very little cost. The Grand Jury recommends that all qualified Humboldt County citizens who are interested in serving as volunteers contact the Sheriff’s department or their local police department. They will be welcomed with open arms. Grand Jury Report #2005-PW-01 Code Enforcement Executive Summary The County of Humboldt would reap substantial benefits through the creation of a staff position for a Code Enforcement Officer. In the past, an extra-help employee for code enforcement actions brought in revenue to the county in excess of the cost of a full-time employee with benefits. Establishment of a Code Enforcement Unit within the county Department of Community Development Services, Economic Development Division, will generate much- needed revenue as well as discourage violations of building and planning code provisions. Note: since the Grand Jury did this investigation, but before publication of the report, the Board of Supervisors authorized and the Economic Development Division hired a full-time employee with benefits to do this work. The Grand Jury commends the Board of Supervisors for authorizing and the Economic Development Division for filling the position in Code Enforcement. WHO SHALL RESPOND: