Grand Jury Final Report 2003*

R1

Allegations were made concerning preferential treatment given to an unidentified contractor during the plan approval process for an unidentified house then under construction in the Juniper Ridge area. The complaint alleged that the plan approval process for this particular house took only two weeks, and was approved "in house," as compared to a three- month approval process experienced by other contractors. The complaint further alleged "rumors and allegations of money exchanging hands -- wining and dining," as between the individual contractor allegedly receiving preferential treatment and the Town of Mammoth Lakes Building Department.

R2

Verizon must be held accountable for its contract. Possibly citizens could be advised to call a central number to verify their number and/or Fire, Sheriff and/or volunteers could be utilized for this essential emergency service. Someone must take the ultimate responsibility for the correctness of the system; at present, no one is in charge. See supplemental report on 911 system.

R02-04

Complainant wanted contact visiting for self and minor issue of inmate. Action: Law Enforcement Committee members met with Sheriff Dan Paranick. He defined Mono County Sheriff's Department policy regarding visitations at the jail and the sensitive security issues. Contact visits are strictly prohibited to prevent the transfer of drugs into a high-security jail facility. Recourse is available via court order whereupon the inmate may solicit the court to order the Sheriff to permit a special exception to the visitation procedures. This committee recommends this inquiry be closed with a letter so indicating to complainant. Issue: Marijuana usage and possible sex abuse with minors on federal lands. Mental

R02-05

Health and Law Enforcement have an ongoing investigation. Sheriff confirms receipt of this issue and indicates county and federal agencies are pursuing. Action: Referred to Administration Committee. Issue: Unlicensed architect operating within Mammoth Lakes. Carry over from prior

R02-06

grand jury. Action: Referred to District Attorney for resolution. Issue: Remove Judge Ed Forstenzer. Complainant believes he was not provided a fair

R02-09

trial in that his court-appointed attorney did not include certain facts to the court. Committee member confirmed the information was provided. 21. Action: Committee members believe the grand jury has no jurisdiction. The court appeals process is the appropriate channel that the complainant has pursued. Letter sent to complainant.

R02-10

Issue: Second complaint from complainant of Case # 02-09. Similar issues. Wants Judge Forstenzer removed. Action: Covered in 02-09. Grand jury has no jurisdiction.

R02-11

Issue: Complaints of misconduct by Court and Judge Stan Eller. Does not believe the former District Attorney should be sitting on the Bench. Action: Court procedures appear appropriate. Complainant's motives seem focused on relief from court adjudication of her case. Letter sent to complainant.

R02-12

Issue: Complaint against Probation Officer citing improper conduct. Second complaint by this individual, dissimilar issue. (02-11) Action: Forwarded to the District Attorney.

R02-15

Issue: Complaint of inmate living conditions in Mono County Jail, namely too cold, improper procedures handling a known alcoholic, and unsanitary cleaning implements. Action: Committee members met with Sheriff regarding this issue. Committee was provided a copy of the writ denial by the court regarding complainant's issues. Case resolved within the court system. Complainant to be notified by mail. Internal Inquiry Committee members and the jury foreman visited the Mono County Jail and interviewed Sheriff Paranick regarding the 911 emergency call system. A rumor recently surfaced within the grand jury regarding the possibility of selective responses by the Sheriff's department to 911 calls in the north county area in particular. Selective responses suggest "flagging" of chronic callers for less-than- prompt responses. Results: Twelve selected phone numbers from members of the committee, as well as suggested chronic callers from the north county were "stiffed" into the 911 system. In no case were any "flags" found within the field for each number brought up on the screen. It was explained by the Sheriff and the dispatch supervisor that special information will surface in medical cases (i.e., iron lung or respiratory equipment on site as well as weapons or propensity for violence) in order that the responding deputy will be properly prepared upon arrival. It is a State mandate that all 911 calls be handled, based upon the nature of the call. When so indicated by the events described and predicated upon current emergencies, a car will be dispatched. Verizon apparently oversees the 911 system for accuracy of phone numbers to addresses under a State contract. Verizon is paid out of a state fund $30,000 a month to update the 911 directory in Mono County. Apparently, the State divides the fees collected off phone bills according to county populations and, of course, counties like 22. Los Angeles receive the largest percentage. Our numbers submitted reflected some errors; i.e., "way vs. lane," an address showing 775 vs. 779, and in one juror's case, an incomplete street name. The majority was accurate, but any mistakes are unacceptable when public safety is at stake. Verizon must be held accountable for its contract. If Verizon is not the solution or the problem, then possibly citizens could be advised to call a central number to verify their number, and/or volunteers could be utilized for this essential and necessary one-time emergency service. If the scenario is accurate, then the County should also seek additional funding from the State 911 sources for the 911 redundancy component. The committee submits this information to the Administrative Committee for inclusion in the general investigation of the 911 system in Mono County. 23. PARKS, RECREATION & PUBLIC WORKS COMMITTEE The Parks, Recreation and Public Works Committee examined the following: Parks and Recreation, Public Works and Road departments, airports, cemeteries, transportation, vehicle maintenance, etc. ISSUES The Parks, Recreation and Public Works Committee received two formal written complaints: 1. A Walker resident sent to the grand jury a copy of a letter to the Board of Supervisors. The complainants was informed that due to the fact that his letter had been directed to the Board of Supervisors, he should give them an opportunity to act. 2. In regard to the second correspondence, the matter is now in its beginning phase of investigation. The 2003-04 grand jury will report on this matter at the conclusion of its term. The grand jury internally discussed the issues of house and property numbering, road signage and 911 updates. The discussion led to a committee meeting with Rich Boardman, director of Public Works. Mr. Boardman gave the committee the following information in answer to specific questions: 1. Breakdown of responsibilities: Reports to the CAO, is responsible for roads, solid waste, airports, building structure and maintenance, cemeteries, parks and buildings, county-owned campgrounds and fleet operations. 2. Under his direct supervision: two assistant engineers, a personnel supervisor, an operations manager, five road districts and personnel, and the landfills and personnel. The Management Association Agreement with Mono County governs procedures for termination of an employee. The District Supervisor conducts an employee performance evaluation annually. 3. Whose responsibility is it to post house, property numbers and road signage? Mr. Boardman answered that ten years ago the county received a grant to assign house numbers tied to phone numbers for the 911 system. He stated that it is the homeowner's responsibility to see that the number is displayed. If someone requests a new building permit, the number must be displayed before the permit is issued. There is no provision made for the county to verify that the numbers are displayed. The Department of Public Works is responsible for all county road signs. The road crews and private citizens report down or damaged signs. Private road signs are the responsibility of the people on the private road. Mr. Boardman has offered the help of the Department of Public Works for the construction of the signs if asked, however there would be a cost of $100 to $150 for materials. 4. There is a definite need for the 911 system to be updated. How is this done, and who is responsible? 24. The procedure explained for the input and update of information was: The Department of Public Works assigns an address at the time of permit issue, and then notifies the phone company. This information is then entered into the in-house system. 5. What is the procedure and priority for snow removal? On the city roads each district has its own priority maps: 1) school bus routes, 2 subdivisions, and 3) other roads. 6. Other topics discussed were: Maintenance of dirt roads, with traffic usage setting priority. a. b. Gravel roads are maintained at least once a year if time permits. c. Permitting process for special use is under the jurisdiction of the Community Development Department, specifically the Compliance Division. d. Solid waste and maintenance of the landfills. FINDINGS The meeting with Mr. Boardman was informative. He was cooperative, and willingly provided all material requested in such a manner as to be easily understood. RECOMMENDATIONS 1. The 911 problem needs someone in the county to accept the responsibility of seeing that the system is functional. 2. Possibly a system of coordination between all departments could be implemented. 3. The 911 information ought to be sent to appropriate EMS districts for in-house use. 4. Fire chiefs, at their meetings, need to discuss the need for a database containing information on special needs for their district. 5. The county shall implement a procedure for the proper display of road signs and house numbering. 25.

R3

The committee recommends that the Mono County Public Health Officer provide ongoing bioterrorism education with annual updates.

R4

A long-term strategic plan should be established immediately by Information and Technology. A backup system in the event of hardware failure is imperative. This should be a priority.

R5

None Maintain, as a priority, regular observation at meetings and scrutiny of board packets.

R6

Provide follow-up with the Fiscal Review Board regarding the county's investment activity. ADMINISTRATIVE COMMITTEE (Supplemental) Issue: 911 Emergency Call System The grand jury looked into the 911 emergency call system in Mono County after learning about several instances in which the system was reported to have not functioned in an efficient manner.

R9

3. A more imaginative approach to new and/or changing technology may, in the long term, benefit the Public Works Department.

R10

Reported System Problems: The grand jury became aware of several instances in which the e911 system did not function as intended. In one reported case in June Lake, a man was suffering chest pains and when the 911 call was placed to Mono One, the Dispatcher relayed the call to Medic II with an address from the database. The Medics recognized the name of the party and also recognized that the address given was incorrect because they had responded to a recent call at that residence. They went to the correct location and found the patient in "full arrest." The patient was successfully revived, but if they had gone to an incorrect address first, the outcome may not have been the same. Members of the grand jury toured the dispatch center in Bridgeport. Their radio call sign is "Mono One." The dispatch center is located at the Jail Facility. The computer system, communications system and other technology supporting the operation are relatively new and in excellent condition. Members of the panel were given a demonstration of the e911 call system and the procedures for handling a call were described. Several telephone numbers were queried to see if the correct address was associated with the number. Of the five that were checked four were correct and one was incorrect. In order for the e911 system to function as intended, the information contained in the county database needs to be correct. The Sheriff's Department has reported that surcharges collected by the various telephone companies in California for the e911 system are distributed by the State to the counties for help in maintaining and upgrading the e911 system. In Mono County, Verizon was said to receive approximately $360,000 per year for this activity. One purpose of this money is to keep and update the database of telephone numbers and corresponding physical addresses. In addition to getting the physical address correct, the first responders need to find that address. In some cases, address numbers are not posted on buildings. Some streets have addresses from different address numbering systems that do not correspond with one another. These are relics from the past that need to be corrected. In some cases, street signs are missing due to auto accidents; snow blowing that covers the signs and some that were just never placed due to being private streets or other reasons.

R11

system improvements, Verizon should be compelled to show that it is spending that money where it was intended to be spent. Code Compliance should be asked to check the addresses posted on property to see that the address corresponds to the assigned county system. County Public Works or Code Enforcement Official should follow up to be sure proper addresses are displayed within county areas. The Town of Mammoth Lakes should also seek to develop uniform street address system. The County Board of Supervisors has ultimate responsibility to assure these steps are taken in the name of public safety.

R12

AUDIT & FINANCE COMMITTEE INTRODUCTION The Audit and Finance Committee selectively reviews the accounts, financial statements and audit reports of Mono County, any special legislative district, and/or the Town of Mammoth Lakes.

R20

LAW ENFORCEMENT COMMITTEE The Law Enforcement Committee was responsible for examining the following departments: sheriff\coroner, including county detention facilities, district attorney, probation, disaster preparedness, juvenile facilities, Mammoth Lakes Police Department and interagencies involved in the administration of justice. The committee received a thorough briefing at the start of this term by County Counsel, the Mammoth Lakes town government and CAO John Wohlmuth of Mono County. The entire grand jury toured the offices of the Sheriff/Coroner and an extensive inspection of the general jail facility. The tour and inspection were not only an eye opener, but also served to impress many in regard to the quality of the equipment and general condition of this jail facility. The Sheriff's department is running a quality jail and is commended for that effectiveness. A second tour of the jail and dispatch center was conducted towards the end of this term for the purpose of more closely viewing the emergency dispatch system and in particular the 911 process. Those results are listed below. A general sense of urgency regarding the overall effectiveness of the 911 process will be addressed by the entire grand jury. The following issues were presented to the Law Enforcement Committee during this term: Issue: Presentenced visitation procedures with inmates and their minor children. 02-04 Complainant wanted contact visiting for self and minor issue of inmate. Action: Law Enforcement Committee members met with Sheriff Dan Paranick. He defined Mono County Sheriff's Department policy regarding visitations at the jail and the sensitive security issues. Contact visits are strictly prohibited to prevent the transfer of drugs into a high-security jail facility. Recourse is available via court order whereupon the inmate may solicit the court to order the Sheriff to permit a special exception to the visitation procedures. This committee recommends this inquiry be closed with a letter so indicating to complainant. Issue: Marijuana usage and possible sex abuse with minors on federal lands. Mental 02-05 Health and Law Enforcement have an ongoing investigation. Sheriff confirms receipt of this issue and indicates county and federal agencies are pursuing. Action: Referred to Administration Committee. Issue: Unlicensed architect operating within Mammoth Lakes. Carry over from prior 02-06 grand jury. Action: Referred to District Attorney for resolution. Issue: Remove Judge Ed Forstenzer. Complainant believes he was not provided a fair 02-09 trial in that his court-appointed attorney did not include certain facts to the court. Committee member confirmed the information was provided.

R21

Action: Committee members believe the grand jury has no jurisdiction. The court appeals process is the appropriate channel that the complainant has pursued. Letter sent to complainant. 02-10 Issue: Second complaint from complainant of Case # 02-09. Similar issues. Wants Judge Forstenzer removed. Action: Covered in 02-09. Grand jury has no jurisdiction. 02-11 Issue: Complaints of misconduct by Court and Judge Stan Eller. Does not believe the former District Attorney should be sitting on the Bench. Action: Court procedures appear appropriate. Complainant's motives seem focused on relief from court adjudication of her case. Letter sent to complainant. 02-12 Issue: Complaint against Probation Officer citing improper conduct. Second complaint by this individual, dissimilar issue. (02-11) Action: Forwarded to the District Attorney. 02-15 Issue: Complaint of inmate living conditions in Mono County Jail, namely too cold, improper procedures handling a known alcoholic, and unsanitary cleaning implements. Action: Committee members met with Sheriff regarding this issue. Committee was provided a copy of the writ denial by the court regarding complainant's issues. Case resolved within the court system. Complainant to be notified by mail. Internal Inquiry Committee members and the jury foreman visited the Mono County Jail and interviewed Sheriff Paranick regarding the 911 emergency call system. A rumor recently surfaced within the grand jury regarding the possibility of selective responses by the Sheriff's department to 911 calls in the north county area in particular. Selective responses suggest "flagging" of chronic callers for less-than- prompt responses. Results: Twelve selected phone numbers from members of the committee, as well as suggested chronic callers from the north county were "stiffed" into the 911 system. In no case were any "flags" found within the field for each number brought up on the screen. It was explained by the Sheriff and the dispatch supervisor that special information will surface in medical cases (i.e., iron lung or respiratory equipment on site as well as weapons or propensity for violence) in order that the responding deputy will be properly prepared upon arrival. It is a State mandate that all 911 calls be handled, based upon the nature of the call. When so indicated by the events described and predicated upon current emergencies, a car will be dispatched. Verizon apparently oversees the 911 system for accuracy of phone numbers to addresses under a State contract. Verizon is paid out of a state fund $30,000 a month to update the 911 directory in Mono County. Apparently, the State divides the fees collected off phone bills according to county populations and, of course, counties like

R22

Los Angeles receive the largest percentage. Our numbers submitted reflected some errors; i.e., "way vs. lane," an address showing 775 vs. 779, and in one juror's case, an incomplete street name. The majority was accurate, but any mistakes are unacceptable when public safety is at stake. Verizon must be held accountable for its contract. If Verizon is not the solution or the problem, then possibly citizens could be advised to call a central number to verify their number, and/or volunteers could be utilized for this essential and necessary one-time emergency service. If the scenario is accurate, then the County should also seek additional funding from the State 911 sources for the 911 redundancy component. The committee submits this information to the Administrative Committee for inclusion in the general investigation of the 911 system in Mono County.

R23

PARKS, RECREATION & PUBLIC WORKS COMMITTEE The Parks, Recreation and Public Works Committee examined the following: Parks and Recreation, Public Works and Road departments, airports, cemeteries, transportation, vehicle maintenance, etc. ISSUES The Parks, Recreation and Public Works Committee received two formal written complaints:

R24

The procedure explained for the input and update of information was: The Department of Public Works assigns an address at the time of permit issue, and then notifies the phone company. This information is then entered into the in-house system.