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R1

If enough people want the vehicles cleared, they must participate in their political process by attending Board Meetings and pressure the Brooktrails Township Board of Directors to enforce the ordinances. One person or the Grand Jury cannot do this for them. 2. Congestion, caused by parking vehicles, which obstructs emergency vehicles, endangers all residents of Brooktrails. It appears that no responsible agency or body wants to tackle this critical issue. Our recommendation is that the Brooktrails Township Board of Directors takes a leadership role to meet with all other enforcement agencies to resolve this issue.

R2

Water districts are required to install meters for measuring water use by each water consumer.

R11

Poor design and undesirable location of low-income housing can contribute to legal and social problems. Response – Agree. This finding does not relate specifically to the City of Fort Bragg. The City of Fort Bragg is fortunate to have several exemplary affordable housing developments. For the most part, the sweat-equity residences and the multiple-family developments built over the past two decades are of good design and are well-maintained. The City’s liberal policy for development of second dwelling units in residential zoning districts is an effective tool to encourage affordable housing development throughout the community. Recommendations: A. The City adopt the policies of California Government Code Sec. 65920, 15399.5 and related codes dealing with the State Permit Streamlining Act. Specifically, the City direct the Department to establish and declare timetables for action on individual permits and declare an expedited appeal process to ensure fair treatment to the applicant using existing agencies, staffs, commissions, or boards. (Findings 2, 3) Response – The recommendation has already been implemented. – 121 – The City, like all public agencies in California, must comply with the requirements of the Permit Streamlining Act (GC §65920, et.seq.) for the processing of discretionary permits. The Permit Streamlining Act does not apply to ministerial permits, such as building permits (Finding 2). It is unnecessary for the City to re-adopt State laws. GC §15399.5 pertains to the California Main Street Program and appears to be an incorrect citation. The Department has established objectives for permit-processing timeframes in the FY 2002-03 Budget. For building permits, the objective is to perform the review for zoning compliance within five days of receipt of a complete application for 80% of applications. For discretionary actions which are not subject to environmental review, the Department’s objective is to agendize at least 80% of applications for Planning Commission action within 4 to 6 weeks of receipt of a completed application. Applicants are treated fairly by Department staff and decision-making bodies (Planning Commission, City Council). As discussed in response to Finding 3, the City has an appeal procedure whereby applicants dissatisfied with any administrative or policy decision may request a hearing by the City Council. B. The City direct the Department to produce for applicants a comprehensive handout furnishing information relevant to the permit process and the appeal process. The City post this information on the City’s web site with applications and application updates. The City also post an application log and update application status regularly. (Finding 4) Response – The recommendation to produce a comprehensive handout relevant to the permit process and the appeal process and post this information on the City’s web site will be implemented in the future. The recommendation regarding posting an application log and update application status regularly will not be implemented because it is unwarranted and infeasible. As noted in the response to Finding 4, the Department is preparing brochures explaining all permitting processes administered by the Department. These will be completed by December 31, 2002 and will be posted on the City’s website shortly thereafter. The Department does not have adequate staff resources to post and maintain information on the City’s website which needs to be updated on a daily or weekly basis. Information about the status of applications is readily available to applicants by phone or at the Department’s public counter. C. The Department with the City Council produce a policies and procedures compendium for the Department (Finding 5) Response – The recommendation will be implemented in the future. The City has initiated the comprehensive update of all of its regulations pertaining to land use and development, including zoning and subdivision regulations. A consultant has been retained to perform the work, and the first public workshop was held in August

R3

In violation of the Brown Act, water district board members have communicated within their district and between districts by telephone, e-mail and private meetings to discuss public matters.

R4

The water resources in the Ukiah Valley (i.e., 8,100 AF/Y of pre- 1949 water) are being used in part, by agricultural consumers without cost and without measurement and controls. General Recommendations (All recommendations are of equal importance)

R11

Poor design and undesirable location of low-income housing can contribute to legal and social problems. Response – Agree. This finding does not relate specifically to the City of Fort Bragg. The City of Fort Bragg is fortunate to have several exemplary affordable housing developments. For the most part, the sweat-equity residences and the multiple-family developments built over the past two decades are of good design and are well-maintained. The City’s liberal policy for development of second dwelling units in residential zoning districts is an effective tool to encourage affordable housing development throughout the community. Recommendations: A. The City adopt the policies of California Government Code Sec. 65920, 15399.5 and related codes dealing with the State Permit Streamlining Act. Specifically, the City direct the Department to establish and declare timetables for action on individual permits and declare an expedited appeal process to ensure fair treatment to the applicant using existing agencies, staffs, commissions, or boards. (Findings 2, 3) Response – The recommendation has already been implemented. – 121 – The City, like all public agencies in California, must comply with the requirements of the Permit Streamlining Act (GC §65920, et.seq.) for the processing of discretionary permits. The Permit Streamlining Act does not apply to ministerial permits, such as building permits (Finding 2). It is unnecessary for the City to re-adopt State laws. GC §15399.5 pertains to the California Main Street Program and appears to be an incorrect citation. The Department has established objectives for permit-processing timeframes in the FY 2002-03 Budget. For building permits, the objective is to perform the review for zoning compliance within five days of receipt of a complete application for 80% of applications. For discretionary actions which are not subject to environmental review, the Department’s objective is to agendize at least 80% of applications for Planning Commission action within 4 to 6 weeks of receipt of a completed application. Applicants are treated fairly by Department staff and decision-making bodies (Planning Commission, City Council). As discussed in response to Finding 3, the City has an appeal procedure whereby applicants dissatisfied with any administrative or policy decision may request a hearing by the City Council. B. The City direct the Department to produce for applicants a comprehensive handout furnishing information relevant to the permit process and the appeal process. The City post this information on the City’s web site with applications and application updates. The City also post an application log and update application status regularly. (Finding 4) Response – The recommendation to produce a comprehensive handout relevant to the permit process and the appeal process and post this information on the City’s web site will be implemented in the future. The recommendation regarding posting an application log and update application status regularly will not be implemented because it is unwarranted and infeasible. As noted in the response to Finding 4, the Department is preparing brochures explaining all permitting processes administered by the Department. These will be completed by December 31, 2002 and will be posted on the City’s website shortly thereafter. The Department does not have adequate staff resources to post and maintain information on the City’s website which needs to be updated on a daily or weekly basis. Information about the status of applications is readily available to applicants by phone or at the Department’s public counter. C. The Department with the City Council produce a policies and procedures compendium for the Department (Finding 5) Response – The recommendation will be implemented in the future. The City has initiated the comprehensive update of all of its regulations pertaining to land use and development, including zoning and subdivision regulations. A consultant has been retained to perform the work, and the first public workshop was held in August

R5

Install meters for all water consumers to insure accurate monthly reports to Russian River Flood Control District and the State Water Resources Control Board.

R11

Poor design and undesirable location of low-income housing can contribute to legal and social problems. Response – Agree. This finding does not relate specifically to the City of Fort Bragg. The City of Fort Bragg is fortunate to have several exemplary affordable housing developments. For the most part, the sweat-equity residences and the multiple-family developments built over the past two decades are of good design and are well-maintained. The City’s liberal policy for development of second dwelling units in residential zoning districts is an effective tool to encourage affordable housing development throughout the community. Recommendations: A. The City adopt the policies of California Government Code Sec. 65920, 15399.5 and related codes dealing with the State Permit Streamlining Act. Specifically, the City direct the Department to establish and declare timetables for action on individual permits and declare an expedited appeal process to ensure fair treatment to the applicant using existing agencies, staffs, commissions, or boards. (Findings 2, 3) Response – The recommendation has already been implemented. – 121 – The City, like all public agencies in California, must comply with the requirements of the Permit Streamlining Act (GC §65920, et.seq.) for the processing of discretionary permits. The Permit Streamlining Act does not apply to ministerial permits, such as building permits (Finding 2). It is unnecessary for the City to re-adopt State laws. GC §15399.5 pertains to the California Main Street Program and appears to be an incorrect citation. The Department has established objectives for permit-processing timeframes in the FY 2002-03 Budget. For building permits, the objective is to perform the review for zoning compliance within five days of receipt of a complete application for 80% of applications. For discretionary actions which are not subject to environmental review, the Department’s objective is to agendize at least 80% of applications for Planning Commission action within 4 to 6 weeks of receipt of a completed application. Applicants are treated fairly by Department staff and decision-making bodies (Planning Commission, City Council). As discussed in response to Finding 3, the City has an appeal procedure whereby applicants dissatisfied with any administrative or policy decision may request a hearing by the City Council. B. The City direct the Department to produce for applicants a comprehensive handout furnishing information relevant to the permit process and the appeal process. The City post this information on the City’s web site with applications and application updates. The City also post an application log and update application status regularly. (Finding 4) Response – The recommendation to produce a comprehensive handout relevant to the permit process and the appeal process and post this information on the City’s web site will be implemented in the future. The recommendation regarding posting an application log and update application status regularly will not be implemented because it is unwarranted and infeasible. As noted in the response to Finding 4, the Department is preparing brochures explaining all permitting processes administered by the Department. These will be completed by December 31, 2002 and will be posted on the City’s website shortly thereafter. The Department does not have adequate staff resources to post and maintain information on the City’s website which needs to be updated on a daily or weekly basis. Information about the status of applications is readily available to applicants by phone or at the Department’s public counter. C. The Department with the City Council produce a policies and procedures compendium for the Department (Finding 5) Response – The recommendation will be implemented in the future. The City has initiated the comprehensive update of all of its regulations pertaining to land use and development, including zoning and subdivision regulations. A consultant has been retained to perform the work, and the first public workshop was held in August

R22

There is no licensed holding cell or room on the coast. At times a patient will be held at the Sheriff’s substation in Fort Bragg or by the Fort Bragg Police, perhaps in the back of a patrol car, until a crises worker arrives. Response – Agree. This situation does occur, but during the past year incidents wherein this has been necessary have been reduced within the Fort Bragg jurisdiction. Our officers report that the response time for the crises worker to arrive on scene has improved. – 129 – Recommendations: A. Law enforcement agencies strengthen their partnership with the DMH and other mental health stakeholders. (Finding 5, 13) Response – The recommendation has already been implemented. The City of Fort Bragg agrees that a strong partnership between the Department of Mental Health, law enforcement and other mental health service providers is essential to adequate and appropriate delivery of mental health services. The City remains committed to continuing and improving this critical partnership. Aside from meetings held between the Fort Bragg Police Department and mental health services in August and September of 2001 and March of 2002, the Fort Bragg Police Department has established a protocol of direct communication between the Chief of Police and mental health administration. These communications have proven effective in the resolution of issues before they become problems, but are not limited to addressing only negative issues. In January of 2002 the department sent a letter to the Director of Mendocino County Mental Health praising their staff for professional responses to our requests for assistance. B. The BOS fund training to improve understanding of the new procedures to allow each group to appreciate the concepts and problems of the other, and to help clients to use all resources to the fullest. (Finding 5, 13) Response – The recommendation has already been implemented. The City of Fort Bragg supports the concept of understanding through training. The Fort Bragg Police Department participated in the training provided in April of 2002. C. The DMH, law enforcement, and hospital medical personnel meet on a regular basis to share knowledge and procedures in dealing with the mentally ill. (Finding 5, 13) Response –The recommendation will not be implemented because it is unwarranted or unreasonable. For the Fort Bragg Police Department regular scheduled meetings with DMH and hospital medical personnel have been determined to be an unnecessary burden on the agencies. The meetings in August and September of 2001 and in March of 2002 combined with the MOU have resolved the majority of our issues. Our system of communication between the Chief of Police and the other agencies has been adequate to address any issues that have come forth within the past year and we feel will be effective in the future. The Fort Bragg Police Department will be an active participant should a future need arise for meetings or workshops relative to mental heath issues. D. DMH and AODP integrate health services and substance abuse treatment. (Finding 15) Response – The recommendation will not be implemented because it is unwarranted or unreasonable. Neither the City of Fort Bragg nor the Fort Bragg Police Department has the ability to implement this recommendation. It is unreasonable to expect that these entities would be responsible for action on this recommendation. Domestic Violence Restraining Orders Response from Fort Bragg City Council (required) And from Fort Bragg Police Chief (requested)

R6

Water District board members attend Brown Act orientation program or seminar.

R7

Establish a 5-year moratorium on any new agricultural hook-ups.

R8

All environmental considerations must be addressed to preserve the quality of life in Mendocino County now and in the future. Comments The Ukiah Valley population is likely to continue to grow and the need for water for domestic, business and agricultural use will increase proportionately. Any increase in availability of water by storage behind the Coyote Valley Dam or other means is problematic and speculative. Raising the dam, even if possible could not be accomplished in less than ten years. There is an immediate need for a water conservation plan for the Ukiah Valley, which would limit water use by water consumers by providing penalties for over-use. Fines and shut-offs would be necessary. The Mendocino County Water Agency would be responsible for water-use policies and regulation enforcement. A comprehensive program with a futuristic approach to our water usage is needed. 3031 Technical Terms

R9

In the past, the City, in conjunction with private enterprise, has supported affordable and low-income housing development by mitigation of fees, codes and ordinances, and reduction in site development standards, water use retrofit, and application of density bonus. Presently, City support of low-income and affordable housing is hampered by lack of redevelopment funds. Response – Agree, in part. The City has a long history of supporting affordable housing development projects. While redevelopment funds have not been available for several years to provide direct financial assistance, the City has developed a small balance in the Redevelopment Housing Fund as of June 30, 2002. The City Council has identified its interest to evaluate approaches to facilitate and support housing development. Despite the City’s inability to provide direct financial assistance, in the past three years, the City has undertaken many activities in support of housing development, including: preparation of the Housing Element update; Federal Emergency Shelter Grants for emergency/transitional housing; Community Development Block Grant (CDBG) for housing rehabilitation; CDBG grant for development of off-site drainage improvements to support a sweat-equity housing project; and CDBG grant for preparation of a Senior Housing Market Study. In addition, the Redevelopment Agency recently contributed $40,000 for pre-purchase studies to assist the acquisition of a 49-unit “at risk” affordable housing project by a qualified affordable housing non-profit.

R10

A major obstacle to affordable and low-income housing availability statewide as well as in Mendocino County is affordable housing becoming unaffordable because of market forces. Response – Agree. One means of ensuring that affordable housing remains affordable is to establish rental or resale covenants for housing projects which receive public funds and/or special benefits. State Redevelopment Law and State Density Bonus Law require that mechanisms be in place to ensure continued affordability for between 10 and 40 years.

R12

The CSC is officially designated under State of California guidelines as a Community Mental Health Clinic in which client services are billed under Medi-Cal regulations. It is anticipated that the final costs to the County could be reduced while at the same time providing better services to the mentally ill. Response – Agree.

R14

With the assignment of DMH personnel to the Jail and the ability of the CSC to send crisis workers to the jail after regular working hours, Jail workers believe the treatment of inmates with mental health issues has improved. Response – Agree.

R13

Response: This recommendation has not yet been implemented, but will be implemented in the future. The Department has requested additional posters and safety books. While the City maintains Injury Prevention Program manuals in each department, additional publications from OSHA available through the State will be made available to employees in not only the Public Works Department, but also the Water and Sewer Departments. Police Department The Willits Police Department includes 15 sworn personnel, 3 community service officer positions, 5 dispatchers, 12 patrol vehicles, and no reserve officers. Relative to those findings made by the Grand Jury, the City offers the following responses: While the Grand Jury observed officers, they conducted their activities professionally with restraint and consideration to those being stopped and talked to or given notice or citations. Response: Agree with finding. The City remains proud of its officers and their ability to interact with the public in a professional and friendly manner. The Grand Jury’s attempted to interview citizens with a different perspective on the Police Department. Citizens refused to give details of their experiences with the Police Department because they said they fear retaliation. Persons interviewed by the Grand Jury were reluctant to file formal complaints because of fear of retaliation. Response: The Grand Jury’s findings lead the reader to believe that our community is unwilling to share their concerns about the Police Department because they “fear retaliation”. The City must respectfully disagree with this finding for several reasons. First, citizens who have concerns and/or complaints related to the activities of the Police Department are always encouraged to describe that concern or complaint in writing, following which follow-up investigation is conducted and ultimate disposition is communicated to the complainant. Because “clients” of the Police Department often become “clients” against their will, it is not surprising that some do not appreciate the role that the Police Department plays in protecting the health and safety of the entire community. As well, the Grand Jury is encouraged to again review the Police Department’s general policies and general orders which encourage and support positive interactions between law enforcement personnel and the public they serve. The Police Department will continue its ongoing efforts to provide training and implement programs and policies which focus upon positively directed and appropriate interactions between law enforcement personnel and the community. The City is concerned that the Grand Jury may have identified this finding based on comments made by a very small 110number of individuals. The City will continue to conduct appropriate investigations of each complaint filed and will continue to educate our citizens regarding the importance the City places on investigating and responding to each and every complaint which may be made. There is no citizen review board. The Police Department does not support the concept of a citizen review board. Response: Agree with finding. In September 2001, the Police Department reported staff shortage and high turnover; in May 2002, the Police Department reported that there is no staff shortage and turnover is minimal. Response: Disagree with finding in part. In September, 2001, authorized and funded police officer strength was 11 officers. At that time the Department had 10 positions filled, and was in the process of a background investigation on the most qualified candidate for the 11 position. th At that same time, staffing of the community services officer positions was funded and filled by 2 incumbents, with a background investigation being completed on the 3 community services officer. There has been no turnover over the past two years rd within the Department. As of May, 2002, the Willits Police Department was fully staffed in both sworn personnel and community service officer positions. The Police Department increasingly must work with Spanish-speaking people. The one bilingual Spanish-speaking officer on the Police Department staff cannot provide all translation services required. WPS has access to translation by telephone, but the service is less than effective because it can only be used at the station and not in the field. Response: Agree with finding. The Police Department is aware and concerned about drug activities in Willits, especially around school sites. Response: Agree with finding. The County of Mendocino owns and is responsible for maintenance of the building the Police Department occupies. The building needs repairs. There is a leak through an unsightly gaping hole in the ceiling of the main Police Department conference room. The Police Department turns in complaints to the County Building and Grounds Department when it rains. The County comes out and does a quick patch, but no permanent repairs. Response: Agree with finding. 111Relative to recommendations of the Grand Jury focused upon the Police Department, the City offers the following responses: Willits City Council set a policy for Police Department behavior in dealing with the public and ensure that it is followed. (Finding 15, 16) Response: This recommendation will not be implemented because it is not warranted and it is not reasonable. Every law enforcement agency in the County of Mendocino has written policies, procedures, and general orders in place that guide and direct officers in the performance of their duties and in their interactions with citizens. The Willits Police Department is no exception. Officer protocol in “dealing with the public” is clearly described within the context of the Police Department General Orders and the direction officers receive from the Chief of Police. To prepare a separate statement relating to the behavioral aspects of officer interaction with the public would be redundant and is not required for this recommendation to be implemented. The fact of the matter is, those policies are established and each individual within the Police Department who comes in contact with the public is required to review and be trained on those policies and procedures. Willits Police Department increase Spanish-speaking capacity of officers through training classes or recruitment. (Finding 18) Response: The recommendation has already been implemented. For the past 2-1/2 years the Department has attempted to recruit Spanish speaking officer candidates with no success. Officers from the Department have traveled to police training academies in our outreach efforts to identify Spanish speaking candidates. The Department has provided basic Spanish language courses on audio tapes and has made them available to each officer. As well, officers are encouraged to attend college language courses, with tuition and books reimbursed by the Department. The City will continue its effort to increase the departmental capacity to interact effectively with Spanish speaking citizens. Domestic Violence Restraining Orders The City has reviewed the Grand Jury’s report on domestic violence restraining orders and offers the following response relative to the findings: A person wishing to obtain a Restraining Order must first apply for an ex-parte court hearing for a Temporary Restraining Order. An applicant must present a typewritten application on the day of the scheduled hearing. There is no filing fee, but applicants are subject to court fees and costs, unless granted a waiver. Response: Agree with finding. 112The judge signs the Temporary Restraining Order after the ex-parte hearing and the applicant takes the signed order to the Superior Court Clerk who provides the applicant with fi ve certified copies of the order. Response: Agree with finding. The applicant must then arrange for service of the order. Any person over 18 years of age can serve the order on the restrained person. Alternatively, a police officer or Sheriff’s deputy can perform that function, but the applicant must take it to the appropriate office to arrange for that service. Response: Agree with finding. At the Sheriff’s office, a clerk enters the order into the California Law Enforcement Tracking System (CLETS) computer so that information about it is available to officers who might need it. If the order doesn’t get to the Sheriffs’s office, the information does not get into CLETS. Response: Disagree with finding. The City does not have sufficient information to form an opinion about the Sheriff’s Department’s entries into the California Law Enforcement Tracking System. However, the City has not experienced any negative impacts which have resulted from information not being entered into the CLETS system. Only law enforcement agencies and the District Attorney have access to CLETS. The Court has neither the personnel nor the secure work-station required to interact with CLETS. Response: Disagree with findings in part. While the City is informed regarding its own access to CLETS, the City does not have sufficient information to comment relative to the resources of the Court. The Restraining Order process breaks down when applicants, confused or otherwise unclear about the system, fail to get the order to the Sheriff, with the result that the order is not in CLETS and officers have no information available when called out to deal with a person in violation of the order. Response: Disagree with

R15

There is a strong connection between mental illness and substance abuse. Clients in crisis typically exhibit a multitude of problems in addition to the ones that have brought them to the immediate crises. These include homelessness, health, employment, and childcare. DMH has recognized the multiple layers of need with the creation of a new position, Consumer Services Coordinator, with the job of ensuring that the clients receive the help needed from whatever source is available. However, some clients exhibiting aberrant behavior are sometimes shuffled back and forth between AODP and DMH. Response – Agree.

R22

There is no licensed holding cell or room on the coast. At times a patient will be held at the Sheriff’s substation in Fort Bragg or by the Fort Bragg Police, perhaps in the back of a patrol car, until a crises worker arrives. Response – Agree. This situation does occur, but during the past year incidents wherein this has been necessary have been reduced within the Fort Bragg jurisdiction. Our officers report that the response time for the crises worker to arrive on scene has improved. – 129 – Recommendations: A. Law enforcement agencies strengthen their partnership with the DMH and other mental health stakeholders. (Finding 5, 13) Response – The recommendation has already been implemented. The City of Fort Bragg agrees that a strong partnership between the Department of Mental Health, law enforcement and other mental health service providers is essential to adequate and appropriate delivery of mental health services. The City remains committed to continuing and improving this critical partnership. Aside from meetings held between the Fort Bragg Police Department and mental health services in August and September of 2001 and March of 2002, the Fort Bragg Police Department has established a protocol of direct communication between the Chief of Police and mental health administration. These communications have proven effective in the resolution of issues before they become problems, but are not limited to addressing only negative issues. In January of 2002 the department sent a letter to the Director of Mendocino County Mental Health praising their staff for professional responses to our requests for assistance. B. The BOS fund training to improve understanding of the new procedures to allow each group to appreciate the concepts and problems of the other, and to help clients to use all resources to the fullest. (Finding 5, 13) Response – The recommendation has already been implemented. The City of Fort Bragg supports the concept of understanding through training. The Fort Bragg Police Department participated in the training provided in April of 2002. C. The DMH, law enforcement, and hospital medical personnel meet on a regular basis to share knowledge and procedures in dealing with the mentally ill. (Finding 5, 13) Response –The recommendation will not be implemented because it is unwarranted or unreasonable. For the Fort Bragg Police Department regular scheduled meetings with DMH and hospital medical personnel have been determined to be an unnecessary burden on the agencies. The meetings in August and September of 2001 and in March of 2002 combined with the MOU have resolved the majority of our issues. Our system of communication between the Chief of Police and the other agencies has been adequate to address any issues that have come forth within the past year and we feel will be effective in the future. The Fort Bragg Police Department will be an active participant should a future need arise for meetings or workshops relative to mental heath issues. D. DMH and AODP integrate health services and substance abuse treatment. (Finding 15) Response – The recommendation will not be implemented because it is unwarranted or unreasonable. Neither the City of Fort Bragg nor the Fort Bragg Police Department has the ability to implement this recommendation. It is unreasonable to expect that these entities would be responsible for action on this recommendation. Domestic Violence Restraining Orders Response from Fort Bragg City Council (required) And from Fort Bragg Police Chief (requested)

R16

With the PHF no longer available, the need for costly transportation of patients out of the county has increased. Both the Sheriff and the DMH have standby transportation staff and/or ambulances available (if restraint is required) to transport patients to out-of-county psychiatric facilities. Response – Agree.

R17

Redwood Coast Regional Center, DMH, and the Sheriff are collaborating in a unique grant-funded training program to bring more understanding of the relationship of law enforcement and the developmentally disabled and the mentally ill. A private training group from the Bay Area has been conducting the training. Response – Agree. On April 11, 2002 the Fort Bragg Police Department provided an instructor for a presentation on this subject matter to Critical Focus. The presentation was made at the Fort Bragg Police Department.

R13

Response: This recommendation has not yet been implemented, but will be implemented in the future. The Department has requested additional posters and safety books. While the City maintains Injury Prevention Program manuals in each department, additional publications from OSHA available through the State will be made available to employees in not only the Public Works Department, but also the Water and Sewer Departments. Police Department The Willits Police Department includes 15 sworn personnel, 3 community service officer positions, 5 dispatchers, 12 patrol vehicles, and no reserve officers. Relative to those findings made by the Grand Jury, the City offers the following responses: While the Grand Jury observed officers, they conducted their activities professionally with restraint and consideration to those being stopped and talked to or given notice or citations. Response: Agree with finding. The City remains proud of its officers and their ability to interact with the public in a professional and friendly manner. The Grand Jury’s attempted to interview citizens with a different perspective on the Police Department. Citizens refused to give details of their experiences with the Police Department because they said they fear retaliation. Persons interviewed by the Grand Jury were reluctant to file formal complaints because of fear of retaliation. Response: The Grand Jury’s findings lead the reader to believe that our community is unwilling to share their concerns about the Police Department because they “fear retaliation”. The City must respectfully disagree with this finding for several reasons. First, citizens who have concerns and/or complaints related to the activities of the Police Department are always encouraged to describe that concern or complaint in writing, following which follow-up investigation is conducted and ultimate disposition is communicated to the complainant. Because “clients” of the Police Department often become “clients” against their will, it is not surprising that some do not appreciate the role that the Police Department plays in protecting the health and safety of the entire community. As well, the Grand Jury is encouraged to again review the Police Department’s general policies and general orders which encourage and support positive interactions between law enforcement personnel and the public they serve. The Police Department will continue its ongoing efforts to provide training and implement programs and policies which focus upon positively directed and appropriate interactions between law enforcement personnel and the community. The City is concerned that the Grand Jury may have identified this finding based on comments made by a very small 110number of individuals. The City will continue to conduct appropriate investigations of each complaint filed and will continue to educate our citizens regarding the importance the City places on investigating and responding to each and every complaint which may be made. There is no citizen review board. The Police Department does not support the concept of a citizen review board. Response: Agree with finding. In September 2001, the Police Department reported staff shortage and high turnover; in May 2002, the Police Department reported that there is no staff shortage and turnover is minimal. Response: Disagree with finding in part. In September, 2001, authorized and funded police officer strength was 11 officers. At that time the Department had 10 positions filled, and was in the process of a background investigation on the most qualified candidate for the 11 position. th At that same time, staffing of the community services officer positions was funded and filled by 2 incumbents, with a background investigation being completed on the 3 community services officer. There has been no turnover over the past two years rd within the Department. As of May, 2002, the Willits Police Department was fully staffed in both sworn personnel and community service officer positions. The Police Department increasingly must work with Spanish-speaking people. The one bilingual Spanish-speaking officer on the Police Department staff cannot provide all translation services required. WPS has access to translation by telephone, but the service is less than effective because it can only be used at the station and not in the field. Response: Agree with finding. The Police Department is aware and concerned about drug activities in Willits, especially around school sites. Response: Agree with finding. The County of Mendocino owns and is responsible for maintenance of the building the Police Department occupies. The building needs repairs. There is a leak through an unsightly gaping hole in the ceiling of the main Police Department conference room. The Police Department turns in complaints to the County Building and Grounds Department when it rains. The County comes out and does a quick patch, but no permanent repairs. Response: Agree with finding. 111Relative to recommendations of the Grand Jury focused upon the Police Department, the City offers the following responses: Willits City Council set a policy for Police Department behavior in dealing with the public and ensure that it is followed. (Finding 15, 16) Response: This recommendation will not be implemented because it is not warranted and it is not reasonable. Every law enforcement agency in the County of Mendocino has written policies, procedures, and general orders in place that guide and direct officers in the performance of their duties and in their interactions with citizens. The Willits Police Department is no exception. Officer protocol in “dealing with the public” is clearly described within the context of the Police Department General Orders and the direction officers receive from the Chief of Police. To prepare a separate statement relating to the behavioral aspects of officer interaction with the public would be redundant and is not required for this recommendation to be implemented. The fact of the matter is, those policies are established and each individual within the Police Department who comes in contact with the public is required to review and be trained on those policies and procedures. Willits Police Department increase Spanish-speaking capacity of officers through training classes or recruitment. (Finding 18) Response: The recommendation has already been implemented. For the past 2-1/2 years the Department has attempted to recruit Spanish speaking officer candidates with no success. Officers from the Department have traveled to police training academies in our outreach efforts to identify Spanish speaking candidates. The Department has provided basic Spanish language courses on audio tapes and has made them available to each officer. As well, officers are encouraged to attend college language courses, with tuition and books reimbursed by the Department. The City will continue its effort to increase the departmental capacity to interact effectively with Spanish speaking citizens. Domestic Violence Restraining Orders The City has reviewed the Grand Jury’s report on domestic violence restraining orders and offers the following response relative to the findings: A person wishing to obtain a Restraining Order must first apply for an ex-parte court hearing for a Temporary Restraining Order. An applicant must present a typewritten application on the day of the scheduled hearing. There is no filing fee, but applicants are subject to court fees and costs, unless granted a waiver. Response: Agree with finding. 112The judge signs the Temporary Restraining Order after the ex-parte hearing and the applicant takes the signed order to the Superior Court Clerk who provides the applicant with fi ve certified copies of the order. Response: Agree with finding. The applicant must then arrange for service of the order. Any person over 18 years of age can serve the order on the restrained person. Alternatively, a police officer or Sheriff’s deputy can perform that function, but the applicant must take it to the appropriate office to arrange for that service. Response: Agree with finding. At the Sheriff’s office, a clerk enters the order into the California Law Enforcement Tracking System (CLETS) computer so that information about it is available to officers who might need it. If the order doesn’t get to the Sheriffs’s office, the information does not get into CLETS. Response: Disagree with finding. The City does not have sufficient information to form an opinion about the Sheriff’s Department’s entries into the California Law Enforcement Tracking System. However, the City has not experienced any negative impacts which have resulted from information not being entered into the CLETS system. Only law enforcement agencies and the District Attorney have access to CLETS. The Court has neither the personnel nor the secure work-station required to interact with CLETS. Response: Disagree with findings in part. While the City is informed regarding its own access to CLETS, the City does not have sufficient information to comment relative to the resources of the Court. The Restraining Order process breaks down when applicants, confused or otherwise unclear about the system, fail to get the order to the Sheriff, with the result that the order is not in CLETS and officers have no information available when called out to deal with a person in violation of the order. Response: Disagree with

R18

DMH has in place tools for evaluation, such as the Client Satisfaction Questionnaire and the California Quality of Life instrument. The Mental Health Board is planning to evaluate client satisfaction. Response – Agree.

R19

The Grand Jury has heard testimony that the impact of the new procedures on Fort Bragg and the coastal areas of the County have been mixed. The Fort Bragg area had in place, prior to the closure of the PHF, a system for crisis response that has not changed. The Fort Bragg office of the DMH has employees to respond to crisis calls Monday to Friday 8 a.m. to 5 p.m. The County has a contract with Ford Street Project, a private non-profit human service organization, to provide crisis response during all other times. DMH supervisors are available for telephone consultation with the Ford Street crisis workers. The Ford Street Project also provides three beds for “time-out” cases in the same situations now available at the CSC. The primary change has been for §5150 cases, which require a custodial setting. Information from crisis workers on the coast – 128 – indicates without a PHF, it sometimes takes longer to find a placement for persons who must be detained under §5150 because they must be taken out of the county. Response – Agree.

R20

There are currently three on-call crisis workers who are employed in other human service jobs. They participate in continual training and case conferences and are supervised by on-call DMH personnel. Often the crisis workers have extensive prior knowledge of the client and the needs of the case, thus facilitating decision-making. Response – Agree. The Fort Bragg Police Department works closely with the Coast Crisis Service providers and relies on their specialized training and prior knowledge of client needs to facilitate appropriate service and decision making regarding mentally ill persons.

R21

Other partners in the process, law enforcement and hospital medical staff, at times, question the qualifications and decisions made by the crisis workers. On the other hand, crisis workers feel that police officers and emergency room staff do not understand the requirements and consequences of a §5150 detention nor the difficulty in diagnosing a mental disorder. Response –Agree. The criteria for the application of a §5150 hold for law enforcement although narrow still leaves open the possibility of differences of opinion between evaluators. It’s not uncommon that the symptoms exhibited in the presence of the first responder (usually law enforcement) are masked by the person being evaluated when he/she realizes a §5150 hold may be forthcoming. It’s important to remember that a §5150 hold is not a commitment, but is rather a vehicle to get the person in question into a professional evaluation environment. As much as it would be desirable that those evaluating the need for the §5150 hold have a uniform opinion, differences as to the suitability of a hold are likely to continue. As with most issues, the key to reducing the frustrations associated with these differences lies in effective communication.