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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.
Butte County Grand Jury
• 2006-2007
Lp<nd of N a T U R a L Wealth a N D B E a U T Y Butte County Library Headquarters 1820 Mitchellavenue
⚠️ 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
Page 99
"Although it has now been comcteed, in the past, money raised by the Grid& FOL was used toficnd extra hoursfor a patit-time poition." The respondent neither agrees nor disagrees with this finding as it is outside the scope of responsibility of this department. 2. "There eiis a lack of overallfudngfor the Butte Couno Libnay ystem. The mmty is re&ng on FOL monies to sz.pp.$ some ofthe basics.." The respondent neither agrees nor disagrees with this finding as it is outside the scope of responsibility of this department. 3. "There is demandfor inmased horn of operation." The respondent neither agrees nor disagrees with this finding as it is outside the scope of responsibility of this department 4. "The stjc branch libraries ab not have inkdual dismtioonay budgets.." The respondent neither agrees nor disagrees with this finding as it is outside the scope of responsibility of this department 5. "There are dmited opportunitiesfor communication among the branch librarian^.^' The respondent neither agrees nor disagrees with this finding as it is outside the scope of responsibility of this department. 6. "The Libra y faciltieies are rieten'orating." The respondent agrees with this finding. The County has a number of aging facilities and is in the process of implementing a plan to address these needs. On June 26, 2007 the Board of Supervisors approved a Capital Improvement Plan (CIP) which lays out a 20 year plan to address facility needs throughout the County. Sqgdicant remodeling and expansion of County libraries is planned for 2015, but this schedule may be modif5ed dependent conmbutions from the community. In addition to addressing these large capital budget needs, the County is addressing maintenance needs. For example, in the current fiscal year the Board of Supervisors appropriated funds to replace the flooring in the Oroville Library and in the Chico Branch Library's conference room, 7. "The roofhaks and moM damage at the Gn'dhy Libray took over twoyears to resoIve.." The respondent agrees with the finding as stated However, it should be noted that although the resolution took two years, the problem was promptly addressed. Over the course of the two years a series of professional roohng contractors were retained, but failed to locate the source of the leak and remedy it. Finally, County staff, by an extensive effort, was able to locate and remedy this unique situation. Newly acquited equipment should allow for more prompt resolutions in the future. 8. "The Bzks Library buiMng is not owned by the county, is in poor condiz%onw ithout reJtmom facilities, and is not ADA accenibLe." The respondent agrees with this finding. The buildmg in which the Biggs Branch Library operates is owned by the City of Biggs and leased to the County at essentially no cost This facility, while not ideal, does allow for Library services to be provided in the City of Biggs. The City recently provided access to a restroom both for library staff and for patrons, and approached the County with an offer to discuss other City facilities that may become available for use by the library. Other County libraries, for example Gridley, which is nearby, are ADA accessible. 9. "Handic~pedparkinga ccess is a p b ha t the Paradise Librq." The respondent agrees with this finding. Although the Paradise Branch Library has handicapped parking directly in front of the main entrance, there appears to be a problem with the slope of those parkmg spaces. There are few, if any, level parking spaces at this library. The General Services Department will analyze the extent of the problem with these parktng spaces, and the most appropriate remedy as part of the ongoing effort to eliminate ADA issues thtoughout the County. 10. "The library Strategic Pkzn is &years OM and is curnntb in theprocess $being trphted" The respondent neither agrees nor disagrees with this finding as it is outside the scope of responsibility of this department 11 . "The Board ofStrpenirors needr a cIeam understandng $Butte County dbrq is~m.'' The respondent neither agrees nor disagrees with this finding as it is outside the scope of responsibility of this department.
F2
Page 102
According to our research, the county previously has cleared the ditch. Currently, the county is neglecting to perform a function for which they had previously accepted responsibility. The Respondent partially disagrees with the finding. The Respondent agrees that the County road crews have previously cleared the ditch located with the road right of way. The Respondent disagrees that we are neglecting to perform a function for which we have previously accepted responsibility. The County has and will continue to annually mow the weeds in the drainage ditch located within the road right of ways.
F3
Page 103
Currently, the responsibility for maintenance of this drainage ditch constructed by Butte County has not been accepted or acknowledged by the County. The Respondent disagrees with the finding. The County did not construct this drainage ditch which flows primarily across private property and ultimately drains into Wyman Ravine. However, a section of this drainage ditch is located within the County road right of way that runs parallel to South Villa and Railroad Avenues. The County has accepted responsibility to maintain this section of drainage ditch and annually mows the vegetation. This area is within a FEMA designated 100 year flood zone. Public Works staff is unaware of any homes flooding in this area except during the State and Federal declared flood emergencies of 1995,1997 and 2005106. After the 1997 State and Federally declared flood disaster, the County received a FEMA mitigation grant to replace a private culvert which was located downstream from the County's maintained section. The private culvert was undersized causing a constriction in the drainage ditch and flood water flows. The FEMA grant allowed the County to replace the culvert with a bridge which increased the capacity of the drainage ditch. The FEMA grant funds also allowed the removal of a large beaver dam and general cleaning of the adjacent section of this private drainage with the property owner's permission. 1997 FEMA mitigation funding also allowed Private Industry Council (PIC) crews to manually remove vegetation and small trees within this County maintained section of drainage ditch as well as many sections of privately owned and maintained sections when permitted by the property owner. Grand Jury Recommendations
F4
Page 104
The DVIOR program, while worthwhile in intention, often effective, and possibly within the letter of the law, does not conform to the spirit of the law as. addressed in the legislative findings to Penal Code $1203.097 which states ta~iversionpr ograms for perpetrat" 0f domestic violence . . . are inadequate to address domestic v~olencea s a serous [sic] crime." The respondent neither agrees nor disagrees with the findings. The Chief Probation Officer does not provide any statutory oversight, or participation in the District Attorney's DVIOR Program and therefore directs the response of this finding to the District Attorney's Office.
F5
Page 105
Some victim advocates are concerned that the 32-week batterers' program, as compared to the 52-week program mandated by law for convicted offenders on probation, is not legal nor in the spirit of the law which mandates the 52-week program. The respondent neither agrees nor disagrees with the findings. The Chief Probation Officer does not provide any statutory oversight, or participation in the District Attorney's DVIOR Program and therefore directs the response of this finding to the District Attorney's Office.
F6
Page 105
According to Penal Code $1203.097, the Probation Department approves and certifies batterer's educational programs for Butte County. Offenders may select which program they wish to attend. If offenders wish to switch to the other program, they may with good cause and with the approval of Probation. The respondent partially disagrees with the findings. The Chief Probation Officer has direct statutory oversight of the Batterers Treatment Programs established pursuant to Penal Code 1203.097. There are currently two certified Batterers Treatment Programs within Butte County for which the Chief Probation Officer has direct oversight. Potential clients ordered to complete a 52- week Batterers Treatment Program are provided the names of both programs by the Court Compliance Unit of the Superior Court, from which they may choose. On the rare occasion, and for a showing of good cause, the probation officer may request of the Court upon behalf of a client that they be allowed to change providers. The ultimate decision of whether a client is allowed to switch Batterers Treatment Program Providers rests with the Court.
F7
Page 105
DVIOR offenders are only allowed to attend the batterer's educational program provided by FVEP, even though there is another certified program available through another provider, NB. The DVIOR offenders do not have a choice of programs. The respondent neither agrees nor disagrees with the findings. The Chief Probation Officer does not provide any statutory oversight, or participation in the District Attomey's DVIOR Program and therefore directs the response of this finding to the District Attomey's Office.
F8
Page 105
DVIOR offenders who are assigned the 32-week program are taught in the same classes as are the convicted domestic violence offenders on probation who are enrolled in the statutory 52-week program. The respondent neither agrees nor disagrees with the findings. The Chief Probation-Officerd oes not provide any statutory oversight, or participation in the District Attorney's DVIOR Program and therefore directs the response of this finding to the District Attorney's Office.
F9
Page 105
The Grand Jury could find no rational basis for the exclusion of NB from the DVIOR Program batterers' education intervention component. Research in the Social Sciences has found that people may often benefit from one programltherapy while not benefiting from another. Based on this research, clients deserve a choice. The respondent neither agrees pisagrees with the findings. The Probation ORicer does not provide any statutory oversig t, or participation in the District DVIOR Program and therefore directs the response of this finding to the District Attorney's Office.
F10
Page 106
In the State of California auditor's report entitled Batterer Intervention Programs released in November of 2006 wherein Butte County's programs were audited, there was no mention of the DVIOR Program. The Grand Jury concludes that the audit committee was not aware that it existed. The Respondent agrees with this finding.
F11
Page 106
Probation approved the Family Violence Education Programs (FVEP) in 1996 and New Beginnings in November of 2004. The license of the FVEP administrator is listed as "Inactive" and the licenses of the New Beginnings administrators are listed as "Clear." The Respondent agrees with this finding.
F12
Page 106
In Butte County, there currently is no comprehensive domestic violence court to hear cases from start to finish before one specific judge. The District Attorney is supportive of implementing such a court. The respondent neither agrees nor disagrees with the findings. The respondent is unable to comment on the position of the District attorney on a comprehensive domestic violence court.
F13
Page 106
According to Penal Code §1203.097, certified batterer's educational program providers are to re- apply for certification annually. Twice during the year, the Probation Department is required to audit the programs. The Respondent agrees with this finding.
F14
Page 106
The Probation Department has not been keeping up with program audits and with the re- application process. Probation did begin the re-application process in January of 2007. The Respondent agrees with this finding.
F15
Page 106
Statistics for the number of offenders entering batterer's educational intervention programs and successfully completing the program were not available. In addition, recidivism rates for offenders were not available. The respondent partially disagrees with the fmdings. The Butte County Probation Department keeps a number of statistics and other information concerning the Batterers Treatment Programs. One such statistic is the number of clients referred to either of the two programs by the Court. The Butte County Probation Department can also provide statistics as to the number of clients referred by the Court, and who are supervised by the Probation Department. Recidivism rates are extremely difficult and costly to track, as once a client is no longer on probation it becomes very difficult to keep up with their activities or whereabouts. Clients may also ultimately be sentenced to the California State Department of Corrections and become the responsibility of State Parole. Recidivism is also difficult to define. It may not be truly reflected simply because a client is re-arrested once completing a Batterers Treatment Program, as their arrest may not be directly related to their history of domestic violence, charges may not be filed, or charges may be dismissed. The respondent agrees with the Grand Jury finding as to when cost effective, and possible within the resources available, clients placed by the Court in a Batterers Treatment Program be tracked for recidivism. *
Recommendations 15
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R1Page 91"The Coung shodd not use FOL monq tof znd mutine operating eqenses." The respondent is unable to comment on this recommendation. The respondent does not have the authority to implement the recommendation.
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R2Page 92To provide increased funding of libraries, the Butte County Library Director and the Board of Supervisors need to investigate other sources of income, as follows: a. Reconsider the proposal of a one-eighth (1/8) cent sales tax increase through a ballot measure to be voted on by the citizens of Butte County. This recommendation is directed to the Board of Supervisors. The respondent does not have the authority to place a sales tax measure on the ballot. However, it should be noted that the Board of Supervisors chose not to place a measure on the ballot on February 14, 2006. b. Pursue grant opportunities aggressively. The recommendation has been implemented. The Library has pursued grant opportunities aggressively, and it will continue to do so. The Library Director reviews available grant funds weekly through eCivis, the Foundation Center, the Library Grants blog, the California State Library and other sources. The Library recently received $55,000 over three years from First 5, as well as $25,000 for the 2007-08 fiscal year from the California State Library, to support the Early Learning with Families and Families for Literacy initiatives. The Library is also awaiting the outcomes of several additional applications, including one to the AT&T Foundation to provide wireless internet access in library buildings. While many grant programs support expansion projects or new initiatives, they rarely provide funding for routine operating expenses, and most grant makers do not fund applications to supplant local government funding. As a result, grants will always play a small but important role in the funding of the Butte County Library. c. Partner with cities in Butte County to implement library impact fees. This recommendation is directed to the Board of Supervisors. However it is the understanding of the respondent that the Board of Supervisors, at its July 10, 2007 meeting, adopted the third and final piece of the development impact fees and that by September 2007 the County will formally request that each city and town in the County adopt Library and other countywide impact fees. d. Apply for state library bond money, when available. This recommendation has been implemented to the degree possible. State library bond money is not currently available. California Senate Bill 156, the California Reading and Literacy Improvement and Public Library Construction and Renovation Act of 2008, sponsored by Senator Joe Simitian, has not been brought forward from the Senate Appropriations Committee for a vote by the full Senate. The respondent will continue to monitor the status of the bill. A new library strategic plan, in combination with the County's Capital Improvements Program, will provide much of the content for the application process for state bond funds when and if it becomes available. Additionally, it should be noted that the Board of Supervisors allocated $194,914 in additional General Fund dollars during the 2007-08 budget hearings to expand staff and hours at all six branch locations. The new service hours will begin in October 2007.
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R3Page 93The Butte County Library budget should allocate discretionary funds to each individual branch library. The recommendation has been partially implemented. With 72 percent of its 2007- 08 budget dedicated to salaries and benefits and 19 percent allocated to internal service funds and support services from other County departments, the Library as a whole has very little discretionary funding. Six percent of the budget goes to purchase books and other materials, leaving three percent for all other expenses. For the 2007-08 budget year, budgets for books and extra help staffing were developed by allocating funds to each branch with the intent to provide branch librarians with maximum flexibility within the constraints of budget limitations. By the end of September 2007, the Library Leadership Team (see response to recommendation 4 below) will determine whether branch discretionary office supply budgets would serve the branches better than the current integrated purchasing of supplies for the entire system.
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R4Page 93The Butte County Library Director should provide increased opportunities for branch personnel to network through regular meetings, workshops and conferences. The recommendation has been implemented. Beginning on January 17, 2007, the Library Leadership Team has met biweekly, including the Director, Senior Administrative Assistant, and representatives from all branches, the literacy program, and technical services. These meetings have included team building, opportunities to share training, collaborative decision making about policies and procedures, and
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R5Page 94Facilities Services should address major maintenance issues in a timely manner. The respondent is unable to respond to this recommendation. This recommendation is directed at the General Services Director. The General Services Director reports that major maintenance issues are currently addressed in a timely manner within the confines of staffing, budget and complexity of the issues.
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R6Page 94The Butte County Library administration should work with the City of Biggs to locate an appropriate facility for the Biggs Library. The recommendation requires further analysis. The City Manager of Biggs has provided a key to the restroom, located on the lower level of the building occupied by the Library, for staff and customer use. Because of the condition of the stairs, people must go outside and enter the building through a different external door. However, access to a restroom within the building is a very positive development. The City of Biggs has identified other potential City-owned facilities where a library might be located, and County officials will tour these facilities by September 2007. The respondent hopes to secure a space that is centrally located, ADA-accessible, well maintained, larger than the current facility, and includes updated technology infrastructure. Any existing facility is likely to require some remodeling, which may render a relocation cost-prohibitive, but the Library Director is hopeful that an agreement for a more suitable facility can be reached.
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R7Page 95ADA compliance issues at identified branches need to be resolved. The respondent is unable to respond to this recommendation. This recommendation is directed at the General Services Director. However, the respondent understands from the General Services Director that a list of ADA issues, including those at the Library, is being compiled and will be prioritized based on risk and cost.
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R8Page 95The Butte County Library Advisory Board should complete the update of the Library Strategic Plan. The recommendation is directed at the Library Advisory Board. However, the desired outcome of the recommendation will be implemented by June 2008. The respondent assumes primary responsibility for implementing the recommendation, with the assistance of the Library Advisory Board. The Library Strategic Plan will be a valuable document for making budget allocations, focusing staff time and energy, identifying necessary operational changes, and assessing training and fundraising needs. The Library Advisory Board should play a significant role in the development of the strategic plan, but the Library Director is ultimately responsible for the development and implementation of such a plan. The intent of the Library Director is to complete a plan by the end of the current fiscal year.
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R9Page 95A member of the Board of Supervisors should serve as a liaison to the Butte County Library Advisory Board. The respondent is unable to respond to this recommendation. The respondent does not have the authority to implement this recommendation. RICH HALL Director - General Services July 31,2007 rhall@buttecounh.net Telephone: (530)-538-7064 Fan: (5303-538-6760 Hon. Steven J. Howell, Presiding Judge c/o Court Administration Superior Court of California, County of Butte 1 Court Street Oroville, CA 95965 Dear Judge Howell: This memorandum contains my responses to the findings and recommendations contained in the Final Report of the 2006-07 Grand Jury. To my knowledge, the only section requiring response from the General Services Department is the section on the library system. If there are other sections I have missed, please let me know and I will respond.
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R10Page 94In the State of California auditor's report entitled Batterer Intervention Programs released in November of 2006 wherein Butte County's programs were audited, there was no mention of the DVIOR Program. The Grand Jury concludes that the audit committee was not aware that it existed. The Respondent agrees with this finding.
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R11Page 94Probation approved the Family Violence Education Programs (FVEP) in 1996 and New Beginnings in November of 2004. The license of the FVEP administrator is listed as "Inactive" and the licenses of the New Beginnings administrators are listed as "Clear." The Respondent agrees with this finding.
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R12Page 94In Butte County, there currently is no comprehensive domestic violence court to hear cases from start to finish before one specific judge. The District Attorney is supportive of implementing such a court. The respondent neither agrees nor disagrees with the findings. The respondent is unable to comment on the position of the District attorney on a comprehensive domestic violence court.
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R13Page 94According to Penal Code §1203.097, certified batterer's educational program providers are to re- apply for certification annually. Twice during the year, the Probation Department is required to audit the programs. The Respondent agrees with this finding.
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R14Page 94The Probation Department has not been keeping up with program audits and with the re- application process. Probation did begin the re-application process in January of 2007. The Respondent agrees with this finding.
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R15Page 94Statistics for the number of offenders entering batterer's educational intervention programs and successfully completing the program were not available. In addition, recidivism rates for offenders were not available. The respondent partially disagrees with the fmdings. The Butte County Probation Department keeps a number of statistics and other information concerning the Batterers Treatment Programs. One such statistic is the number of clients referred to either of the two programs by the Court. The Butte County Probation Department can also provide statistics as to the number of clients referred by the Court, and who are supervised by the Probation Department. Recidivism rates are extremely difficult and costly to track, as once a client is no longer on probation it becomes very difficult to keep up with their activities or whereabouts. Clients may also ultimately be sentenced to the California State Department of Corrections and become the responsibility of State Parole. Recidivism is also difficult to define. It may not be truly reflected simply because a client is re-arrested once completing a Batterers Treatment Program, as their arrest may not be directly related to their history of domestic violence, charges may not be filed, or charges may be dismissed. The respondent agrees with the Grand Jury finding as to when cost effective, and possible within the resources available, clients placed by the Court in a Batterers Treatment Program be tracked for recidivism. * Recommendations: 0