Combined Responses

The California Employees Retirement Law requirements for approving the county pension in 2002 do not appear to have been fellowed. Board of Supervisors response: The County agrees in part and disagrees in part with the finding. Many of the procedural requirements in the Grand Jury Report did not apply. it appears that the Grand Jury may have been referring to a later version of a statute and to requirements that were not in place in 2003 when the enhanced retirement benefits were adopted. Based on a review of historical documents, it appears that the County substantially complied with the procedural requirements, with the exception of one procedural notice requirement. Documents could not be located to clearly demonstrate that the County made the actuarial cost impacts public at a public meeting at least two weeks prior to the adoption of the enhanced retirement benefits. Going forward, the Board of Supervisors shall ensure that actuarial cost estimates are made available to the public in a timely manner.

The Joint Powers Agreement appears to be outdated and needs to be revised. The Commission disagrees wholly or partially with this finding. The Joint Powers Agreement has been in place for 37 years, and has effectively advanced the services provided as the community has grown and changed. In the view of the Commission, the problem is not with the structure of the JPA, but rather with the reduced budget due to the economic downturn in 2008. The JPA has protected the Library's funding as well as the institution of the Library as a free and independent source of information. That said, the Commission agrees that it is useful to re-examine the JPA and find ways to strengthen it. However, the Commission is concerned that any proposed changes to the JPA must take care not to unintentionally endanger either the protected funding or independence of the Library. The Joint Powers Agreement states that individual library branches have input in major decisions; however, it appears that they are not heard and basically ignored. Oo Oo IN A BR |] Bw HH al es Ww NO =e ©} FS. The Commission disagrees wholly or partially with this finding. There is no such statement in the Joint Powers Agreement!. The JPA creates a consolidated library system that operates as a single entity governed by the Commission. Section 24 of the JPA establishes the LABs to advise the Commission on matters affecting library service in the various regions of the county. It is through the LABs that both staff and the public can make regional issues known and raise concerns with the Commission. For this reason, a member of the Commission and members of Library management attend every LAB meeting held in the county. While the Commission strives to solicit the opinions of and input from the LABs, it recognizes that there is room for improvement. To that end, educating the public about the important role of the LABs and encouraging the public to attend and participate is a priority. 1. "24, Advisory Boards. The Commission shall establish advisory boards in regions of the county centering upon the urban areas designated in Section 21 above, and shalf maintain these boards so long as they are desired by the communities which they represent. The advisory boards shall organize and meet as they shall each determine, and shall make

The City agrees that its Police Department followed appropriate procedures. ‘The Report summary , notes that the Police Department did not tow the vehicle or seize the juvenile’s cell phone, but did not — P.O. Box 217 * 124 North Cloverdale Blvd. « Cloverdale, CA 95425-021 7 * Telephone (707) 894-2521 » FAX (707) 894-3451 City of Cloverdale Response to the Sonoma County Civil Grand Jury Report, Was Justice Served?, continued September 13, 2012 make any recommendations to the Cloverdale Police Department regarding this note or any of the Findings. The Cloverdale Police Sergeant on the scene viewed and photographed the vehicle damage and had obtained an admission from the juvenile. As to the cell phone, messages and texts can be erased from the phone and the more reliable means of obtaining information is to get the information directly from the cell provider, if necessary. The Police Sergeant made judgment calls as to the vehicle and the cell phone that did not affect the outcome of the case. Please let me know if you have any questions. Sincerely, Nina D. Regor City Manager 1942987.1 KS ~ Superior Judge wi coal RESPONSE TO GRAND JURY REPORTPorm AUG 13 2012 Approved: Report Date: August 9, 2012 Response by: Jill R. Ravitch Title: District Attorney FINDINGS « | (we) agree with the findings numbered: = x {| (we) disagree wholly or partially with the findings numbered: F2, F5 (Attach a staternent specifying any portions of the findings that are disputed; include an explanation of the reasons therefor.)

Library Advisory Boards are not functioning as per the original intent of the JPA. The Commission disagrees wholly or partially with this finding. The JPA established the LABs to be independent entities to encourage the free flow of information and recommendations to the Commission and the Library staff. While the Commission and staff seek feedback on specific issues, it is up to each LAB to determine its own priorities and areas of interest. However, the Commission recognizes that it could provide more leadership to the LABs regarding the role of the LABs in the Library system. It is the intent of the Commission to begin discussing with each LAB how the LAB views its utility within the system and how it defines its goals and priorities.

The Library Commission seems unclear as to their duties and function. The Commission disagrees wholly or partially with this finding. The Commission is responsible for adopting and overseeing the implementation of policies and for the budget. It does not micromanage the running of the Library. Additionally, it is responsible for the long-term health and stability of the Library system. To that end, the instability caused by the constant complaint about and turnover of our Directors is of concern. Between September of 1993 and December of 2005, when the current Director was hired, the Library was managed by no less than three permanent Directors and two interim Directors. No previous Director stayed longer than 5 years, 1 month. This continuous disruption of authority resulted in a system, by 2005, in which staff evaluations were not regularly conducted; there were few personnel and financial policies; the Standards of Behavior policy was outdated; there were no 1 2 policies on workplace safety and security; there was no human resources staff: 3 there was no cataloguer; and the management team had no employment 4 policies or agreements. 5 6 Although progress has been slowed since 2009 by the time necessary to 7 address the budget crisis and renegotiate Union contracts, the Library is 8 making steady progress to correct these failings. 9 10 Further, the Commission is responsible for the long-term financial stability of 1] the Library. In this regard, it must do more than just cover the operating 12 budget from year to year. It must plan for capital improvements, purchase of 13 replacement equipment, and maintainance of facilities. It must also plan for 14 the coverage of the unfunded retiree health insurance liability. That means 15 occasionally making decisions that are unpopular with the public or with SEIU, 16 such as reducing service hours. However, that does not mean the Commission 17 is ignoring public opinion or comment. It is charged with making thoughtful 18 and balanced decisions, taking into account long-term implications. 19 20 F6. The Library Commission appears to have no formal training sessions to 21 assist them. The Commission agrees with this finding. 23 24 ¥F7. The Library Director is inappropriately editing meeting minutes. + 25 The Commission disagrees wholly or partially with this finding. 26 27 Minutes are not meant to be transcripts, and editing is required to summarize 28 a meeting. The edits cited in the report did not appear to mischaracterize what 29 occurred at the meeting. 30 31 ¥F8. The majority of performance reviews are not being completed on a regular Oo Oo at WD HW PB WY LH mw RYN YK KKH =o Youn FR ONS SFSECRSBUARBEBH IOS 28 29 30 31 basis. There appeared to be no urgency at the library director level to get reviews up to date. The Commission disagrees wholly or partially with this finding. The Commission agrees that a majority of the employee performance reviews are not being completed on a regular basis. However, the Commission disagrees that there is no urgency at the Director level to get the reviews up to date. Both the Commission and the Director believe that this is a high priority.

The majority of performance reviews are not being completed on a regular basis. There appeared to be no urgency at the library director level to get reviews up to date. The Library Director disagrees wholly or partially with this finding. The Library Director agrees that a majority of the employee performance reviews are not being completed on a regular basis. However, the Library Director disagrees that there is no urgency at the Director level to get the reviews up to date. The Library Management Team has provided options and support to encourage managers and supervisors to complete their performance reviews. The issue across the system has been the lack of adequate staffing to carry out the work of the Library and competing priorities that have been barriers to accomplishing performance reviews in a timely manner. FQ. The absence of written policies and procedures is causing a lack of follow- through on the expenditure of funds received from the FOL, Oo Oe NDA HW PB WD BH mm dk pet Noe © 13

The absence of written policies and procedures is causing a lack of follow-

through on the expenditure of funds received from the FOL. The Commission disagrees wholly or partially with this finding. The Commission agrees that the library does not currently have a clear purchasing/ ordering procedure or a designated purchasing manager. The Commission plans to review the management structure and staffing along with the purchasing policies to address the problem by June 30, 2013. Furniture orders for some branches are unnecessarily held up at the Library Director’s level. The Commission disagrees wholly or partially with this finding. The Commission agrees that the furniture orders are held up. However, the Library does not currently have a designated purchasing manager. The Commission plans to review the management structure and staffing along with the purchasing policies to address the problem by June 30, 2013. RESPONSE TO RECOMMENDATIONS R-3. The Library Commission establish a method to facilitate communication Oo Ge NID A BP Whe i i BNI ee between the LABs and the Commission. This recommendation will not be implemented because it is unwarranted. Commissioners attend the LAB meetings and report back to the full Commission. If an assigned Commissioner cannot make it to the meeting, he or she will contact another Commissioner to attend. When the Commission holds a meeting at one of the branches, the members of the local LAB are invited to meet with the Commission to share their perspective on issues of common concern. Additionally, individual LAB members are free to communicate directly with any Commissioner. This year, the Commission sponsored the first LAB Conclave—a joint meeting of the Commission and LAB members from across the county. Holding such a session on a regular basis is being reviewed. The Library Commission establish a regular monthly schedule for LAB meetings with the library patrons and then monthly with the Library Commission to discuss findings. This recommendation will not be implemented because it is unwarranted. Each LAB is an individual entity with its own bylaws and has the authority to set its own meeting schedule. Under the JPA, the Commission does not have the authority to implement this recommendation. The LABs already meet regularly on the schedule they set, and there is an established channel for communication between the Commission and the LABs. R-5. The Library Commission instruct the director to cease editing meeting minutes. Any corrections or edits should be brought up at the subsequent Library Commission meeting when the minutes are approved. This recommendation will not be implemented because it is unwarranted. There are a variety of approaches for creating an official record of meetings. For example, the Board of Supervisors posts informal minutes and videos of the meetings. The Commission intends to evaluate the role of minutes and consider the best method for creating a record of its meetings. R-10. The library director report to the Library Commission the status of library employee reviews on a monthly basis to ensure compliance with library policies and procedures for reviewing all employees in a timely fashion. The Commission will implement this recommendation. ATTACHMENT A November 1, 2011 SEIU Local 1021 To SEIU Union Local 1021: In recent weeks, SEIU has presented a number of concerns regarding budget expenditures and communications with the Sonoma County Library Commissioners. In response to the Union’s concerns, the Commission offers the following information regarding difficult budget decisions it has made in the current fiscal year, and the Library’s approach to communications. 1. Sonoma Branch and Burlingame Hall SEIU has expressed concerns regarding the use of library funds for renovations to the Sonoma Valley Library branch. However, the Commission has not allocated any Library funds for these renovations. Instead, these renovations are being paid for with $2.5 million of City of Sonoma redevelopment funds, as well as a generous donation from the Sonoma Friends. The renovations are essential for staff safety, improved ergonomics, and compliance with the Americans with Disabilities Act. The Commission is pleased to take advantage of this opportunity so that the community of Sonoma can benefit from the City’s redevelopment funds. Concerns were raised regarding spending for the temporary location of the Sonoma branch at Burlingame Hall. The Library Commission approved an expenditure of roughly $400,000 of reserve funds for the temporary location while the Sonoma branch is being remodeled. The alternative to paying for a temporary location would have been to leave the City of Sonoma without a branch for as long as 9 to 12 months. While the Library considered closing down the Sonoma branch, in response to community demand, the Commission opted to maintain services to Sonoma during the period of renovation. The full cost of the temporary accommodations at Burlingame Hall is paid for from our reserve fund for capital improvements, not from our operating budget. Money from the reserve fund for capital improvements is restricted and cannot be allocated to another expenditure, such as salaries. Contrary to the concerns raised, Burlingame Hall was an affordable and competitive option for temporary relocation. Director Cooper spent a significant amount of time and worked with a Sonoma realtor to locate a building that would suit the needs of the Library. Very few properties ATTACHMENT A met the library’s needs, and most suitable properties were not available. The Library was considering the option of installing temporary structures near the building site — one of the most costly options — when Burlingame Hall was suggested. Part of the cost of Burlingame Hall involved upgrades to the facility for public usage. The upgrades to Burlingame Hall were necessary to comply with ADA regulations and infrastructure needs for service to the public, such as lighting, Internet access and bicycle racks. These upgrades would have been necessary at almost any location we leased, and are the cost of continuing to provide services to the community of Sonoma during the renovation. Director Cooper worked closely with the City of Sonoma and was able to negotiate some of the city permitting requirements in order to save costs. Concerns were raised because the Commission did not approve a proposed budget prior to initiation of the Burlingame relocation. However, given the uncertainty of potential temporary relocation, the Library could not begin planning until the location was secured. Considering the challenge of finding appropriate space, the budget was submitted in a timely manner. While spending ona temporary location may seem excessive in the face of reductions to public service hours, the deficit of approximately $1 million in the 2011-12 operating budget would have remained the same whether or not we renovated the Sonoma Valley branch, and whether or not we opened a temporary location to serve the community of Sonoma during the renovation. Before giving Director Cooper authority to negotiate or enter into a lease, the Commission provided very clear parameters regarding project costs. Overall, Burlingame Hall has proven to be a cost effective means of continuing services to Sonoma during the remodel. 2. Spending for Furniture, Materials and Consultants The Commission also provides clear parameters and authority for major expenditures and procurement, whether for a project, negotiating a large vendor contract, or negotiating with the Union. To further ensure proper expenditure of Library funds, the Library undergoes an independent audit on a yearly basis, which includes multiple presentations to the Commission directly from the auditor. The Library’s budget is also approved on an annual basis by the Sonoma County Board of Supervisors. The Library’s primary source of funding is property taxes, which have declined substantially in recent years, resulting in a budget deficit this year of $1 million. To address this enormous deficit, the Library has had to significantly reduce ongoing costs. To achieve this goal, the Library Commission opted in July to reduce public service hours. This decision was made after a thorough review of budget items, with significant reductions to expenditures wherever possible. The decision was not made lightly. ATTACHMENT A SEIU has complained about the money spent on “consultants.” Ironically, this concern arises from the fact that negotiations with the Union were so challenging, the Commission felt compelled to bring in outside counsel to assist with the negotiations. The Library and Union have been immersed in concentrated negotiations for over six months. The Commission hopes the bargaining teams can quickly resolve outstanding issues, which will end the need for an outside consultant for labor negotiations for the current fiscal year. 3. Communication Finally, the Library Commissioners take care to seek input and communicate with members of the community and community groups. Members of the Library’s management team, in addition to the director, present directly to the Commission at most meetings. Members of the public and outside organizations may ask to present to the Commission, as well. At least one commissioner attends each Library Advisory Board meeting, where members of the public discuss issues of concern about the Library. And, of course, we take public comments at every meeting. The Commission is supportive of Director Cooper during these very difficult times. Decisions made this year by Library management and the Commission have been challenging and disheartening at times. While no one likes to see services reduced, the Library cannot tum a blind eye to the drastic reduction in tax and state revenue faced this year. The Commission is disappointed that the Union has expressed its concerns in such a public attack, which appears to be a negotiating tactic. However, we provide this informational response to address the concerns raised in the spirit of transparency and collaboration. Sincerely, Melissa Kelley, Chair Sonoma County Library Commission ATTACHMENT B COUNTY OF SONOMA MEMBERS OF THE BOARD BOARD OF SUPERVISORS EFREN CARRILLO 576 ADMINISTRATION Ad gon SHIRLEE ZANE VICE CHAIR rab sees VALERIE GROWN DAVID RABBITT MIKE MCGUIRE December 2, 2011 Melissa Kelley, Chair Sonoma County Library Commission 211 ESt Santa Rosa, CA 95404 Dear Chair Kelley: The Sonoma County Board of Supervisors requests that the Sonoma County Library Commission present a library overview and update at a Board of Supervisors meeting during the first quarter of 2012. Our current Board has not had the pleasure of receiving an update, and in preparation for our budget discussions for 2012-13, we would appreciate hearing about current initiatives, the fiscal state of the Library, as well as an overview of current and proposed capital projects. Please request that Ms. Cooper contact our Clerk of the Board, Michelle Arrellano, in order to schedule a presentation at an upcoming meeting. Our County Administrator’s analyst, Christina Rivera, will be happy to assist you with preparing the item to come to the Board. We look forward to hearing more about the Sonoma County Library system and your important public role. Best regards, Zs. Qurt Efren Varrillo Chair, Sonoma County Board of Supervisors cc: Board of Supervisors Members Library Commission Members Sandra Cooper, ED Sonoma County Library Veronica Ferguson, County Administrator Michelle Arrellano. On mM OF bh WwW PR BE wo 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 ATTACHMENT C STAFF REPORT _ LIBRARY BOOK RETURNS THE CHALLENGES AND RECOMMENDED SOLUTIONS The Problem The reduction in public service hours has brought a problem to light. The issue is not a direct result of the change in hours—our aging buildings have book returns that are inadequate to handle the number and types of items that are returned to the Library. The design and capacity of the returns system wide are a problem. Anytime the Library is closed two days in a row, book drops across the system jam and fill to overflowing. Some libraries routinely have problems over weekends or even overnight. Healdsburg Regional Library’s return has never been adequate, and staff have been letting books fall on the floor every night for thirty years. Even the newest library—the Rohnert Park-Cotati Regional Library—has design flaws that lead to jamming. To avoid the jamming, staff have removed bins and let the items spill onto the floor—requiring them to get on their hands and knees to retrieve hundreds of items. Currently, both staff and library materials are being damaged by the situation. We will show the Commission pictures of the book returns to help them see the problem. The table below shows the number of items returned to each library ATTACHMENT C 1 between closing time on Saturday and start of work on Tuesday in September. 2 (The book returns were locked over the three-day closure over Labor Day.) BOOKDROP COUNTS SEPTEMBER 2011 4 5 6 7 8 9 sz PETALUMA 40 sd RINCON VALLEY _ a ee ee SEBASTOPOL (2 ne ens OE SONOMA (B 389.0 ee ee ee ee ee WINDSOR ee ee ee ee TOTALS] 7329 6260 6571.0 11 Recommended Solutions 12. The Library Management Team (LMT) has focused on two goals: 13 1. Prevent jamming. 14 2. Stop the practice of having items fall on the floor to improve staff working 15 conditions as well as minimize damage to materials. 16 17. Since the reduction in service hours, the LMT has taken the following steps: 18 %1. Emptying the drops themselves in August to understand the issue first- 19 hand. 13 14 15 16 17 18 19 20 21 22 23 24 ATTACHMENT C 2. Engaging a substitute driver and a Library Technician IJ to visit the majority of the branches at least once a day on Mondays to empty drops, change out book bins, and/or place items on book trucks. The two are using an extra library pick-up, and substitute drivers have clearance to enter libraries when they are closed (including a master key and master security code). 3. Working with the Facilities Services staff and Branch Managers to identify ways to retrofit the book returns so that we can minimize the problems. The plans are summarized below. 4. Exploring the feasibility and cost of automated returns and materials handling for four of the libraries—Petaluma, Rohnert Park-Cotati, Sebastopol, and Rincon Valley to help control staff workload and reduce repetitive stress injuries. In general, the retrofit solution includes: 1. Raising the return slots so that they can accommodate larger, deeper return bins. 2. Wherever possible, replacing the single slot with dual returns—one for books and one for media. 3. Buying multiple bins for libraries with a high volume of returns so a full bin can be replaced with an empty one. Financial Implications A budget for the book return retrofit, which requires Commission approval so that we can proceed, is included with this report. 10 11 12 13 14 15 16 17 18 19 20 21 22 23 ATTACHMENT C Once we retrofit the returns, we are assuming that we will have resolved the two major issues (jamming; materials on the floor); however, we are also assuming that someone will still have to visit some branches to switch out the bins in the returns anytime the Library is closed two days or more. Right now, we are using funds from the extra help budget to pay for staff time to visit the libraries on Monday. Any long-term staffing solution will require further discussion and Commission approval. If we continue to use extra help, the cost will be approximately $9,000 for the rest of this fiscal year. If we added staff hours to the regular budget, the cost could be up to $16,000. We have considered having regular branch staff work on Mondays to empty the book drops but believe having non-public service staff is preferable. If we use regular part-time or full-time branch staff, we would either have to add additional staff hours or reduce staff who can cover absences on days the Library is open. If staff flexed their schedules to empty bookdrops, some people would be working six days a week, increasing the risk of repetitive stress injury. Paying one or two staff members to visit selected libraries system wide on Mondays is preferable from our perspective. Locking Book Returns The Library locked book drops during the holiday closures in 2009 and 2010 to control workload. The Commission agreed with this approach along with 10 11 12 14 15 16 17 18 19 20 21 22 23 24 ATTACHMENT C “darkening” all online services to reinforce the message that all those services require staff and/or financial resources. When we planned for the reduction in service hours, we told the staff that we would lock the book returns anytime the Library was closed for three or more days. The first long weekend after the change in service hours was Labor Day, and the Library was closed for three days. The locking resulted in complaints from the Friends of the Healdsburg Regional Library as well as comments at the Guerneville Library Advisory Board. After talking with the Branch Managers, we would like the Commission’s advice on this approach to locking the book drops. 1. We leave the book drops open for most closures and engage the substitute driver and Tech II to visit libraries on both the Saturday and Monday of three-day weekends. We have already arranged for them to visit libraries on the Friday after Thanksgiving. 2. 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SUPERIGR e¢ COUR TO Santa Rosa, CA 95403 COUNTY NOMA F CALIFORNIA, . BY. ( eit Re: Sonoma County Civil Grand Jury Was Justice Served? Report Date: June 28, 2012 Dear Judge Chouteau: This is a response to the Sonoma County Civil Grand Jury report dated June 28, 2012, “Was Justice Served?” (“the Report”) and is provided in accordance with the requirements of California Penal Code § 933 (c), and § 933.05 (a). At its meeting on September 12, 2012, the Cloverdale City Council reviewed and approved the factual responses below to Findings F1, F2 and F3 of the Report, as requested on or about June 28, 2012 by the Grand Jury of Mark D. Tuma, City of Cloverdale Chief of Police. The responses are set forth below. No