El Dorado County Grand Jury
• 2010-2011
EL Dorado County Grand Jury 2010-2011 Mission Statement The Grand Jury acts as the citizen oversight for El Dorado
⚠️ Aviso de traducción: Este contenido ha sido traducido automáticamente. El texto original en inglés es la versión oficial. La traducción puede contener errores.
⚠️ Este contenido ha sido traducido automáticamente. El texto original en inglés es la versión oficial. La traducción puede contener errores.
Findings 21 findings
F1
According to sworn testimony given to the Grand Jury, EDCSO Internal Affairs audited the degrees of EIP recipients in 2002 and found one individual with a degree from Hamilton University. This individual did not appear to warrant EIP. Internal Affairs reports directly to the Under-sheriff and does not conduct investigations without direction from or approval by the Under-sheriff or Sheriff. Testimony indicated that when approached by Internal Affairs, the Under-sheriff ordered Internal Affairs to cease any further investigation. However, when Internal Affairs was interviewed by the District Attorney’s investigator, this audit was said to have been conducted in 2008.
F2
A simple Web search provided information that Hamilton University was operated by a convicted felon. Hamilton University changed its name to Richardson University and relocated to the Bahamas after Hamilton University was shut down by authorities.
F3
In 2010, the issue of questionable degrees resurfaced. An Internal Affairs investigation revealed three individuals with diplomas from Hamilton or Richardson University and two other individuals with degrees from other questionable institutions. Internal Affairs turned the matter over to the District Attorney’s office to determine if criminal charges should be brought against these five sworn personnel. Internal Affairs did not obtain statements from the accused officers before turning the matter over to the District Attorney. 7
F4
The District Attorney’s Office spent eight months investigating the issue but has elected not to prosecute any of the individuals involved, due to a lack of sufficient evidence. Four of the accused deputies declined to provide statements to the District Attorney’s Office. The District Attorney’s investigation revealed that the five officers in question received a total of $166,459.72 in additional pay after the EDCSO Commanders approved their application for EIP. The investigation revealed that the “four year degrees” were approved by EDCSO Commanders even though they were obtained in as little as four weeks of coursework.
F5
EDCSO Internal Affairs delayed any administrative investigation while the District Attorney’s investigation was ongoing. During this time, two of the individuals in question retired and the other three have remained employed.
F6
The Modified, Last, Best and Final offer for the EDCSO Deputy Sheriffs Association, Law Enforcement Unit and the El Dorado County Law Enforcement Manager’s Association are the two labor agreements currently in force between El Dorado County and the sworn personnel of the Sheriff’s Office. Both agreements are subject to renegotiation.
F7
Both labor agreements provide incentives for longevity pay, POST Certificate Awards and Educational Incentive Pay. POST incentives are available as an alternative to longevity pay and these two incentives may not be combined. However, EIP may be combined with either POST incentives or longevity pay. A Captain, for example, receiving the maximum benefit for EIP and longevity pay could receive nearly $32,000 in additional pay.
F8
In 2010, the County paid in excess of $300,000 in EIP to EDCSO personnel. At the current rate, this incentive program will cost the County in excess of $3,000,000 over the next ten years.
F9
Neither labor agreement provides a standard for evaluating the legitimacy of college degrees and diplomas. The language of the agreements does not specify either “accredited colleges” or “State approved” colleges as a means of identifying legitimate institutions.
F10
Two deputies, two sergeants and one lieutenant received degrees from unaccredited institutions that are being investigated by the U.S. Attorney General as “diploma mills.” All five of these individuals applied for and received EIP. Applications were approved by EDCSO Commanders. 8
F11
There is no requirement for personnel applying for EIP to provide a duplicate diploma and/or sealed transcripts to the El Dorado County Human Resource Department for independent verification.
F12
The District Attorney’s investigation confirmed that the five employees investigated were the only then current sworn personnel receiving EIP based upon degrees issued by questionable institutions.
F13
Other local law enforcement agencies offer EIP and POST but the incentives cannot be combined, are currently limited to a maximum benefit of 10% of base salary, and are not available to command rank (Lieutenants and above).
F14
The EDCSO reviewed the training files of 79 sworn personnel in 2010 to determine the legitimacy of college degrees. However, there were an additional 18 Correctional Officers receiving EIP who were not included in that review.
F15
Sergeant openings in the West Slope area are typically filled by sergeants with higher seniority, leaving the South Lake Tahoe position vacant when they trans- fer. The vacant position is then filled by a newly promoted sergeant with less sen- iority. This practice can discourage potential candidates with families or other re- sponsibilities rooted in the West Slope to seek promotion.
F16
Policy 1001 of the Sheriff’s Office Policy Manual defines the process that is used to select individuals for specialized job assignments. All employees are notified via e-mail of job openings, and applicants are ranked by a panel of supervisors within the Department. If the position has three or more candidates, is full time or involves skill pay, only the top three candidates ranked by the panel are invited to compete in an oral interview. After the interviews are concluded and final ranking is tabulated, the panel’s numerical ranking is forwarded to the Division Com- mander.
F17
Personnel in the Sheriff’s Office provided the following information regarding detective positions: There is no mandatory rotation of detective positions. There are currently 20 male and zero female detectives in the EDCSO. Over the last five years no women were added to the Detective Unit. In 2008, one female detective left the Investigative Detective Unit because she was promoted to sergeant. Detectives receive a 5% pay increase and a take home vehicle, making this a coveted position for deputies.
F18
According to the Bureau of Justice Statistics website, data from a 2003 census (the latest available) showed that the national average for the percentage of sworn female officers in communities between 100,000 and 249,000 is 12.8%. The per- 2 5
F19
In testimony, the Sheriff indicated there are no plans to recruit female deputy ap- plicants to bridge the Department’s existing gender gap in sworn positions.
F20
Although there is a written policy that defines the process for selecting candi- dates for lateral assignments, the majority of the six deputies interviewed ex- pressed dissatisfaction with the methods used to select candidates for lateral, spe- cialized work assignments. Concerns include: The selection process was too subjective since most assignments did not in- volve written testing, relying instead on the ranking of candidates by a se- lected panel. Not having a chance to appear before the selection panel if they did not re- ceive one of the top rankings. Not getting any feedback or coaching on how they can improve their chances for being selected in the future. The low number of openings due to non-rotation of some assignments such as detective.
F21
The Grand Jury finds that lateral assignments such as Detective, Field Training Officer, and River Patrol are a gateway for promotion into the ranks of sergeant or above. In addition, the El Dorado County Grand Jury concludes that the selection process for lateral assignments is subjective and somewhat arbitrary. Without experience gained from lateral assignments a candidate who applies for sergeant or above has a slim chance of succeeding when competing against a can- didate who has detective or other lateral assignment experience. It is not surpris- ing that only one woman achieved the rank of sergeant since female detectives have been almost nonexistent. Having female deputies on the force who have gained experience from lateral assignments also contributes to a more effective and culturally competent law enforcement organization for El Dorado County.
Recommendations 9
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R1EDC should ensure that all future health care prescription service contracts include a strong provision for monitoring waste, fraud and abuse. RESPONSES Responses are not required. 9 7 – 2011 EL DORADO COUNTY DETENTION FACILITIES Case Number GJ010-016 REASON FOR REPORT California Penal Code §919(b) requires that grand juries annually inspect all jails, prisons and juvenile detention facilities within their respective counties.
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R5An administrative investigation by EDCSO Internal Affairs should determine whether any of the five sworn officers investigated for EIP abuse were culpable of any violation of department policy that would warrant administrative 9 penalties. Appropriate penalties including termination or demotion should be enforced if justified.
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R6The El Dorado County Department of Human Resources should be required to verify the accreditation status of any college or university granting degrees for which EIP is currently being paid or for which an application is submitted. No payment should be made for EIP or POST Award certificates without pre- specified evidence of eligibility from both the Sheriff’s Office and the El Dorado County Human Resource Director.
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R7In order that the paid compensation of the EDCSO is consistent with other local law enforcement agencies, the CAO should direct the Department of Human Resources to periodically conduct compensation reviews of those other local agencies to ensure that the compensation is consistent and competitive with local standards.
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R8In addition to the EDCSO the personnel files of all past and present County, City and Special District employees receiving EIP should be reviewed by an independent auditor to evaluate the legitimacy of all degrees on file. RESPONSES Responses to both numbered findings and recommendations in this report are required in accordance with California Penal Code §933 and §933.05. Address responses to: The Honorable Suzanne N. Kingsbury, Presiding Judge of the El Dorado County Superior Court, 1354 Johnson Blvd., South Lake Tahoe, CA 96150. This report has been provided to the El Dorado County Sheriff, the El Dorado County Human Resources Department and the El Dorado County CAO for response. Elected officials under statute are given 60 days to respond, and non-elected officials are provided a 90-day response period from the release date of this report. 10 -015 REASON FOR REPORT The El Dorado County Sheriff’s Office (EDCSO) accounts for approximately 20% ($41 million) of the County’s General Fund. This investigation examines the historical and current Sheriff’s Office Operations budget, including cost and revenue implications, with the goal of determining how and where cost savings are possible. The Grand Jury’s emphasis was to identify potential cost savings through means other than staff reductions.
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R9Authorities considering consolidation and annexation of smaller El Dorado County fire departments into the El Dorado Hills Fire Department should closely consider the potential personnel costs before proceeding further. Authorities contemplating annexation / consolidation of EDC West Slope Fire Departments should fully understand the EDHFD MOU. The smaller, more rural, fire districts surrounding EDHFD cannot afford the salary and benefit package currently in force at EDHFD. If consolidation were adopted, it is probable that in the future disparate firefighters of the merged fire districts would attempt to form one bargaining unit. Obviously, allied firefighters from the smaller agencies would start demanding “We want what EDHFD gets!” Further, one avenue publicly discussed for consolidation involves the EDHFD annexing smaller EDC agencies. Annexation would possibly enable the smaller agencies to operate under the umbrella of the EDHFD dual county status. This status enables the EDHFD to avoid paying the 10% “Education Revenue Augmentation Funds” shift of property tax revenues that currently go to schools. It is probable that the property tax revenue that currently goes to schools would instead go to increasing the salaries and benefits of merged firefighters while local schools continue to lay off teachers and increase student to teacher ratios.
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R10The EDHFD should make broader use of volunteers to reduce overtime. Other fire departments use volunteers more effectively to reduce overtime costs than the EDHFD. Generally, there are three paramedic-licensed firefighters on an “Engine” in the EDHFD. There are many more paramedic-licensed firefighters at nearby stations to lend paramedic assistance if necessary. Once a volunteer is EMT certified (12 volunteers have paramedic licenses), he or she should be satisfactory to fill in on the one to two calls per day service demands of the fire stations to save 24 hours of overtime pay. The Fire Administration explained that a more structured volunteer program is being considered that may result in more of a firefighter “Reserve” Program, where volunteers are paid more substantial stipends. It was explained that some volunteers are persons who have full time jobs and commit their time out of a sense of civic duty, while others are planning careers as firefighters and are trying to gain job experience. The Board of Directors must ensure that the Fire Chief develops a scheduling model that ensures a reduction in future overtime cost to the minimum necessary. 5 6
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R11The EDHFD should continue to research methods to reduce 911 call answering and processing time. The front end of the cell phone call reporting process lengthens response times. To what degree the response time is increased is not known, as only anecdotal evidence has been cited or collected. According to an EDC 911 center administrator, an ongoing state-funded project entitled the “Red Project” will enable El Dorado Hills callers to reach the EDC Sheriff’s Office PSAP directly, avoiding the CHP step. Therefore, the dispatcher answering the call would have an orientation to El Dorado County that a CHP dispatcher may not have. The project is a joint effort between the State, cell phone companies, CHP, and local fire and law enforcement authorities. Panicked El Dorado Hills victims are not going to remember a ten-digit phone number, unless they have it programmed into their cell phones. Until the Red Project is fully implemented, EDH residents should have a dedicated 916 area code number to call to get routed directly to the Cal Fire dispatch facility on their land-line phones and cell phones. The Grand Jury recommends that before the project is implemented, current benchmark data concerning call answering and call processing times should be collected and analyzed to determine what those factors are presently and how they have been impacted with the implementation of the Red Project.
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R12Representatives of the EDHFD Professional Firefighter Association should ensure that their public statements are factually sound. The general public supports their firefighters for the work they do and the sacrifices they make. Firefighter spokespersons should not violate that support by embellishing facts and figures to justify contract enhancements. RESPONSES Responses to both numbered findings and recommendations in this report are required in accordance with California Penal Code §933 and §933.05. Address responses to: The Honorable Suzanne N. Kingsbury, Presiding Judge of the El Dorado County Superior Court, 1354 Johnson Blvd., South Lake Tahoe, CA 96150. 5 7 This Report has been provided to the El Dorado Hills Fire Department Board of Directors for response. Elected officials under statute are given 60 days to respond, and non-elected officials are provided a 90-day response period from the release date of this report. 5 8 -014 REASON FOR REPORT The El Dorado County (EDC) Grand Jury received three citizen complaints regarding the conduct of a member of the Pioneer Fire Protection District Board of Directors (BOD). All of these incidents occurred during 2010 while this member served on the BOD.