Tuolumne County Grand Jury • 2018-2019

Grand Jury Continuity Report*

Published: June 10, 2019 48 pages
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Findings and Recommendations 9 findings

F1
According to SCCCAP, as of May 2018, the hand washing sink in the inmates' restroom in the Hazardous Materials/Motor Pool area still lacks a soap dispenser, as noted in the CDPH inspection report from August 2017.
No recommendations for this finding
F2
According to the SCCCAP as of May 2018, the upper level shower of Building 2 of Facility C is still awaiting remediation of the mold and deteriorated paint that were noted in the CDPH inspection report from August 2017.
No recommendations for this finding
F3
Temperatures as recorded in the SCC facilities that were monitored last summer did not reach as high as 100 degrees Fahrenheit. Temperatures were not recorded in many sections of the prison.
No recommendations for this finding
F4
At least one safety warning displayed in Spanish in Facility C, which reads, "NO SE AVISA PARA DISPARAR," imperfectly conveys the information shown in the parallel warning in English.
Related Recommendations (1)
R7
Adequately staff operations to meet the requirements for routine inspections and preventative maintenance. (F4) GCSD Comments (on F4): "We disagree with the finding that the District was or is inadequately staffed. Lacking state certification, experience in the public utility field, and not having utility management expertise; the Grand Jury is simply not qualified to understand the intricacies of operation and maintenance of a water and wastewater system. Every utility is different in the age and condition of infrastructure, mechanical complexity of the system, construction standards used, amount of money invested in infrastructure and equipment, etc. All of these factors, coupled with ever changing state permit requirements, come into play in determining adequate staffing levels. In addition, there are no established industry standard staffing levels against which the Grand Jury can measure and make the determination that the District is understaffed. We also disagree with the finding that District safety or environmental risks were increased, for any reason. In fact, there had been over one year without a workplace injury until March 2018, when an employee was bitten by a dog during its rescue from the wastewater pond. In addition, there has been no enforcement action by the Regional Water Quality Control Board, the enforcement entity for (wastewater) environmental compliance, since 2013, and that action was due to sewer spills caused by grease and a defective sewer pipe, not due to a shortage of employees. There have also been no legal actions or liability claims filed against the District due to environmental or safety issues. Lastly, District staff was able to keep service going during the March 22, 2018 150 year storm event that flooded Groveland and wreaked havoc throughout parts of Tuolumne County, surely a testament that contradicts the Grand Jury's findings." Response (to R4): The recommendation has been implemented and the adoption of the 2018/19 fiscal year budget and sewer rate increase proposal supports this effort. The Board's July 9, 2018 agenda contains consideration for increased staffing. Did the agency's response address the subject of the findings and recommendations? Did the agency attempt to avoid the issue, offer excuses, or accept and begin to implement the action of the published date of this report? Did the agency's response indicate that it would take the necessary action to correct the problem? Did the agency provide a specific date by which it would take the necessary corrective action? Contradictory Disagreed with Finding; Claimed Implementation Contradictory No
F5
The SCC's current practice of declining to evaluate an inmate's "satisfactory participation" in connection with awarding credits for RAC programs leaves considerable room for inmate manipulation of the system for earning rehabilitative program credits.
Related Recommendations (1)
R8
Hold employees accountable for violating policies regarding unauthorized equipment use. (F5) Response: The recommendation has been implemented and will be reinforced through management memoranda. Did the agency's response address the subject of the findings and recommendations? Did the agency attempt to avoid the issue, offer excuses, or accept and begin to implement the action of the published date of this report? Did the agency's response indicate that it would take the necessary action to correct the problem? Did the agency provide a specific date by which it would take the necessary corrective action? No Implemented Ongoing Ongoing
F6
This year's Grand Jury's investigation was compromised by SCC management's refusal to abide by the confidentiality requirements of Grand Jury investigations.
Related Recommendations (1)
R9
Hold managers and employees accountable for violations of District purchasing policies. (F6) Response: The recommendation has been implemented and will be reinforced through management memoranda. Did the agency's response address the subject of the findings and recommendations? Did the agency attempt to avoid the issue, offer excuses, or accept and begin to implement the action of the published date of this report? Did the agency's response indicate that it would take the necessary action to correct the problem? Did the agency provide a specific date by which it would take the necessary corrective action? Yes Implemented Ongoing Ongoing
F7
Union pay negotiations between management and union workers were conducted by relatives.
Related Recommendations (1)
R10
Train GCSD Board members on their conflict of interest policy documented in the Policy Manual of the Board of Directors. (F7) Response: The recommendation has been implemented and the District's conflict of interest policy will be updated by December 31, 2018. A Board Orientation program outline was approved by the Board in June, 2018, and will be completed and implemented by November 30, 2018. The Board orientation program includes annual training on the District Conflict of Interest policy. Did the agency's response address the subject of the findings and recommendations? Did the agency attempt to avoid the issue, offer excuses, or accept and begin to implement the action of the published date of this report? Did the agency's response indicate that it would take the necessary action to correct the problem? Did the agency provide a specific date by which it would take the necessary corrective action? Yes Accept Yes Yes Review of Responses to the Report on Tuolumne County's Deteriorating Roads
F8
TCEDA Board and Staff serve on multiple boards and appear to be in conflict of interest.
No recommendations for this finding
F9
The Executive Director's vacation policy allows for both abnormally low use of vacation time and abnormally high cashing out of vacation time.
No recommendations for this finding

Additional Recommendations 6

These recommendations are not explicitly linked to specific findings.

* This report's PDF did not contain easily extractable text and required Optical Character Recognition (OCR) for analysis. There may be minor errors in the extracted findings and recommendations due to OCR limitations with scanned documents.