Gran Jurado del Condado de Riverside
2012-2013
From the annual report
The consolidated year-end volume. The individual investigations it contains are listed separately below.
📑 Year-End Report
The full consolidated volume; individual reports are listed below.
Individual reports (14)
Hallazgos y recomendaciones aún no extraídos.
Hallazgos y recomendaciones aún no extraídos.
Vista rápida
Detalles completos →
Hallazgos y recomendaciones aún no extraídos.
Vista rápida
Detalles completos →
Hallazgos & Recomendaciones
3 hallazgos
F1:
The Grand Jury, in its review of water and sanitation districts servicing Riverside County, found that 15 out of 29 districts provided benefit packages to some boards of directors. These packages may have included such medical benefits as dental, vision and life insurance (See Table C); in some cases retirement benefits were paid for by the districts. Some of these insurance benefits were offered to the spouses and/or families of board members. It must be noted that these benefits given to the directors are voted on by the directors themselves. These are benefits that are generally given to full-time employees of the districts. State law established the amount of stipend a director may receive for attending meetings; however, there are no regulations on the amount of benefits a director may receive. This has resulted in some districts having an average director total compensation in excess of $40,000 (See Table C). The review of district financial data indicated these benefits were added to the district's direct operating cost and were ultimately passed on to the rate payer as "cost of doing business."
F2:
The California Public Records Act (CPRA) was passed in 1968, requiring inspection and/or disclosure of governmental records to the public upon request, unless exempted by law. The CPRA is currently codified as California Government Codes §6250 through §6276.48. The legislature enacted CPRA, and §6250 expressly declared that "access to information concerning the conduct of the people's business is a fundamental and necessary right of every person in this state" and emphasized that maximum disclosure of the conduct of governmental operations [is] to be promoted by the act." By promoting prompt public access to government records, the CPRA is "intended to safeguard the accountability of government to the public." (CBS v. Block, 42 Cal. 3d 646 n.5, 230 Dal.Rptr.362, 725 P.2d370 (1986). This "prompt public" accessibility to water and sanitation district public documents is achieved through district websites. Of the 29 water and sanitation districts studied, 6 districts had no website available to their ratepayers: Cabazon County Water District (CCWD) . Fern Valley Water District (FVWD) Chiriaco Summit Water District (CSWD) Edgemont Community Services District (ECSD) • Home Gardens County Water District (HGCWD) ٠ Home Gardens Sanitary District (HGSD). Those districts which had websites available provided varying amounts of public documents as guided by the California Public Records Act. While some districts had created and maintained websites, not all websites remained current to reflect public meeting changes, updated minutes and agendas, and updated financial reports and audits. During the investigation, the Grand Jury utilized a number of sources to acquire data. One very important source of public documents was the best practice of providing websites which are operated by the 23 districts themselves. There was a wide disparity in the availability of data, its ease of finding, and the timeliness of the information. This did not necessarily correlate with the size of the district. Some large, sophisticated districts had limited online access to compensation and financial data, while some smaller districts excelled. A keystone of improving public confidence in local government operation is to make operating information easily available and demonstrate nothing is hidden. District websites were reviewed for inclusion of the following items of transparency:
F3:
Some water and sanitary district boards of directors' meetings are conducted during the day rather than in the evening when working ratepayers are able to attend. These included: Chiriaco Summit Water District (CSWD) ٠
Hallazgos & Recomendaciones
3 hallazgos
F1:
The Riverside Police Department’s policy on digital audio and video recording is as follows: 4.64 DIGITAL AUDIO AND VIDEO RECORDING POLICY A. POLICY
Recomendaciones relacionadas (1)
R1:
The Department shall update its policy to state: The audio recorder shall be activated prior to exiting the vehicle on ALL traffic, pedestrian and bicycle stops, when serving a search warrant, or performing a parole or probation search.
F2:
The Department does not have a Foot Pursuit policy. Thus, the decision to pursue on foot is left solely to officer’s discretion. A Grand Jury review of an incident that resulted in the death of a suspect and an account of an officer’s death, revealed the need of a Foot Pursuit policy. The two incidents mirrored each other as they occurred in the dark and the pursuing officer lost sight of the suspect. The Grand Jury was advised by the Department that they contract with Lexipol LLC. They use Department policy along with Lexipol LLC, an agency which provides police department policy and risk management solutions to law enforcement, fire and custody organizations. The purpose of a Foot Pursuit policy is to facilitate the safe apprehension of a suspect, who flees on foot and to reduce the risk of injury to the officer, suspect and public.
Recomendaciones relacionadas (1)
R2:
The Department shall develop a Foot Pursuit policy using Lexipol LLC Policy 458 as a guideline.
F3:
Department policy, 4.40 USE OF MOBILE DATA TERMINAL/MOBILE DATA COMPUTER, does not include public safety. The current Department policy, 4.40 USE OF MOBILE DATA TERMINAL/MOBILE DATA COMPUTER, states: Field personnel shall use the MDT/MDC’s for receiving and acknowledging routine dispatch assignments, updating unit status, and querying databases when practical to do so, with due regard to officer safety. A 2012 Coroner Review, attended by the Grand Jury, revealed a pedestrian was struck and killed by a department patrol car. The officer, at the time, was using his Mobile Data Computer while driving.
Recomendaciones relacionadas (1)
R3:
Department Policy, 4.40 USE OF MOBILE DATA TERMINAL/MOBILE DATA COMPUTER, shall immediately be re-written to include public safety. Report Issued: 6/27/13 Report Public: 7/01/13 Response Due: 8/29/13 3
Vista rápida
Detalles completos →
Hallazgos & Recomendaciones
12 hallazgos
F1:
The shelter does not have its own current policies and procedures manual. The manual being used by the shelter was adopted in 2006, using portions of policies and procedures from the Inland Valley Humane Society and the Society for Prevention of Cruelty to Animals (S.P.C.A.), much of which is outdated and does not address current accepted practices. A draft of a proposed policies and procedures manual for the shelter has been at the City Attorney’s office for more than 6 months.
Recomendaciones relacionadas (1)
R1:
The City Attorney and Chief of Police shall work together to finalize the policies and procedures manual. A policies and procedures manual shall be implemented without delay.
F2:
IPD has policies and procedures in Section 820, that establish guidelines for animal control. The police department has no written policy that establishes guidelines for supervision and operational responsibilities to run an animal shelter. The police department has not received any training on how to operate an animal shelter.
Recomendaciones relacionadas (1)
R2:
The IPD shall develop and implement a policy that establishes guidelines for supervision and operational responsibilities for the animal shelter. Formal training shall be provided to managers and supervisors who have operational and supervisory responsibilities for the shelter.
F3:
The shelter has failed to maintain accurate records for animals. Upon review of records provided to the Grand Jury, it became apparent that some information was inaccurate, missing, incomplete, or obviously fabricated. These included monthly impound reports, intake cards, and euthanasia records. The shelter has recently implemented a tracking system called “Chameleon”. Not all employees have been trained on this new computer software. According to California Food and Agricultural Code Section 32003: All public pounds and private shelters shall keep accurate records on each animal taken up, medically treated, or impounded. The records shall include all of the following information and any other information required by the California Veterinary Medical Board: (a) The date the animal was taken up, medically treated, euthanized, or impounded. (b) The circumstances under which the animal was taken up, medically treated, euthanized, or impounded. (c) The names of the personnel, who took up, medically treated, euthanized, or impounded the animal. (d) A description of any medical treatment provided to the animal and the name of the veterinarian of record. (e) The final disposition of the animal, including the name of the person who euthanized the animal of the name and address of the adopting party. These records shall be maintained for three years after the date the animal’s impoundment ends.
Recomendaciones relacionadas (1)
R3:
Shelter management shall be responsible for accurate records in accordance with California Food and Agricultural Code Section 32003. “Chameleon” training shall be implemented for all employees immediately to ensure that records and reports are done in a timely and accurate manner. There shall be policies and procedures established and implemented to ensure correct information is entered into the computer system.
F4:
Sworn testimony revealed the following: • Some animals were deprived of food, water, and shelter from the elements. 2 • Some animals were placed in cages without being given food or water. • During the hot summer months, the animals were not given fresh water on a consistent basis; when fresh water was given, it was placed in dirty bowls. • The water bowls were too large for small animals to access. • Small dogs were inappropriately being fed large size dog food that they were unable to chew. • Food on the floor was observed to be mixed in with feces. • Bedding was found to be wet and maggot-infested. • During inclement conditions, outside kennels were not checked on a regular basis. • Some cages in the quarantine area had ticks. • A dog was observed with matted hair and sores on its hindquarters. • There was not a proper cleaning procedure for the cages. • When cages were cleaned with disinfectant, the solution was not properly diluted, which caused chemical burns to the animals paws. As stated by Penal Code §597e: Any person who impounds, or causes to be impounded in any pound, any domestic animal, shall supply it during such confinement with a sufficient quantity of good and wholesome food and water, and in default thereof, is guilty of a misdemeanor. In case any domestic animal is at any time so impounded and continues to be without necessary food and water for more than 12 consecutive hours, it is lawful for any person, from time to time, as may be deemed necessary, to enter into and upon any pound in which the animal is confined, and supply it with necessary food and water so long as it remains so confined. Such person is not liable for the entry and may collect the reasonable cost of the food and water from the owner of the animal, and the animal is subject to enforcement of a money judgment for the reasonable cost of such food and water. As stated by Civil Code §1834: A depositary of living animals shall provide the animals with necessary and prompt veterinary care, nutrition, and shelter, and treat them kindly. Any depositary that fails to perform these duties may be liable for civil damages as provided by law.
Recomendaciones relacionadas (1)
R4:
IPD shall be responsible to immediately establish and implement a training program for employees and volunteers for the feeding, watering of animals, and cleaning of the shelter, to be in compliance with Penal Code §597e and Civil Code §1834.
F5:
Upon review of the shelter’s incomplete intake cards, the Grand Jury discovered some animals were sent for euthanasia prior to the legal holding time expiration date. Also, the shelter has sent adoptable animals for euthanasia without reasonable efforts to find them suitable homes prior to expiration of the holding period. According to California Food and Agriculture Code §31108(a): (a) The required holding period for a stray dog impounded pursuant to this division shall be six business days, not including the day of impoundment, except as follows: (1) If the public or private shelter has made the dog available for owner redemption on one weekday evening until at least 7 p.m. or one weekend day, the holding period shall be four business days, not including the day of impoundment.
Recomendaciones relacionadas (1)
R5:
Shelter management shall strictly adhere to the California Food and Agriculture Code §31108(a) regarding the required holding period.
F6:
The shelter does not have a Premises Permit issued by the Department of Consumer Affairs Veterinary Medical Board. Shelter employees are diagnosing, prescribing and administering medications or medical treatment without veterinary supervision. Some animals were given medications that were not prescribed for that particular animal by a veterinarian. Some animals, which appeared to be sick, were given unused medication previously prescribed by the veterinarian for another animal. California Business and Professions Code §4825 reads: It is unlawful for any person to practice veterinary medicine or any branch thereof in this State unless at the time of so doing, such person holds a valid, unexpired, and unrevoked license as provided in this chapter. California Business and Professions Code §4826 reads: A person practices veterinary medicine, surgery, and dentistry, and the various branches thereof, when he or she does any one of the following: (b) Diagnoses or prescribes a drug, medicine, appliance, application, or treatment of whatever nature for the prevention, cure, or relief of a wound, fracture, bodily injury, or disease of animals. 4 (c) Administers a drug, medicine, appliance, application, or treatment of whatever nature for the prevention, cure, or relief of a wound, fracture, bodily injury, or disease of animals, except where the medicine, appliance, application, or treatment is administered by a registered veterinary technician or a veterinary assistant at the direction of and under the direct supervision of a licensed veterinarian subject to Article 2.5 (commencing with Section 4832) or where the drug, including, but not limited to, a drug that is a controlled substance, is administered by a registered veterinary technician or a veterinary assistant pursuant to Section 4836.1. However, no person, other than a licensed veterinarian, may induce anesthesia unless authorized, by regulation of the board. California Business and Professions Code §4853 reads: (a) All premises where veterinary medicine, veterinary dentistry, veterinary surgery, and the various branches thereof is being practiced shall be registered with the board. The certificate of registration shall be on a form prescribed in accordance with Section 164. (b) “Premises” for the purpose of this chapter shall include a building, kennel, mobile unit, or vehicle. Mobile units and vehicles shall be exempted from independent registration with the board when they are operated from a building or facility which is the licensee manager’s principal place of business and the building is registered with the board, and the registration identifies and declares the use of the mobile unit or vehicle. (c) Every application for registration of veterinary premises shall set forth in the application the name of the responsible licensee manager who is to act for and on behalf of the licensed premises. Substitution of the responsible licensee manager may be accomplished by application to the board if the following conditions are met: (1) The person substituted qualifies by presenting satisfactory evidence that he or she possesses a valid, unexpired, and unrevoked license as provided by this chapter and that the license is not currently under suspension (2) No circumvention of the law is contemplated by the substitution.
Recomendaciones relacionadas (1)
R6:
Shelter management shall immediately follow the guidelines as set forth in the California Business and Professions Codes §4825 and §4826, regarding employees diagnosing, prescribing and administering medications or medical treatment. Any on-site diagnosis, prescribing and administering medications or medical treatment shall be overseen by a licensed veterinarian that has a current Premises Permit for that facility as cited in California Business and Professions Code §4853.
F7:
The Grand Jury investigation included examination of intake cards, which indicated that animals were sent to a veterinarian for euthanasia for medical reasons. Some animals sent to the veterinary center for euthanasia could have been treated medically; however, in sworn 5 testimony, it was indicated to the Grand Jury that the City does not currently have funding to medically treat sick animals. In these cases, the veterinarian either returned the animals to the shelter or placed them with animal rescue groups for medical treatment. Penal Code §599d states: (b) It is the policy of the state that no treatable animal should be euthanized. A treatable animal shall include any animal that is not adoptable but that could become adoptable with reasonable efforts. This subdivision, by itself, shall not be the basis of liability for damages regarding euthanasia.
Recomendaciones relacionadas (1)
R7:
The City shall provide funding for medically treatable animals. The shelter shall work closely with rescue groups that are able to assist in the medical 7 treatment of animals. Shelter management shall be in compliance with Penal Code §599d (b).
F8:
Shelter management has no formal training, education, or experience in animal shelter management. The shelter supervisor does not supervise the staff. Sworn testimony indicates that employees, other than the supervisor, are supervising the staff. Evidence obtained indicates that employees’ work hours are not being accurately recorded. Timesheets are completed by employees prior to hours being worked and approved by management prior to the end of the pay period.
Recomendaciones relacionadas (1)
R8:
Employees hired shall meet the qualifications as listed on the job descriptions posted on the City’s website. Only designated management shall be involved in supervising shelter staff. A system of tracking employees’ time and attendance shall be developed and implemented. Timesheets shall be filled out on a daily basis.
F9:
The shelter is not always open during the hours posted on the website or on the door of the shelter. The shelter is often closed during lunch. Grand Jury phone calls to the shelter were not always answered and messages were not returned. Sworn testimony and Grand Jury observations have shown that some employees are rude to customers.
Recomendaciones relacionadas (1)
R9:
Shelter management shall ensure there will always be two people at the shelter to guarantee continuous staff coverage during posted hours of operation. Employees shall return phone messages within twenty-four hours. In order to increase adoptions and reunite lost animals with families, customer service and courtesy shall be a priority. Policies and procedures dealing with these issues shall be developed and implemented immediately.
F10:
Sworn testimony indicated: • A shelter employee was observed dragging a dog across the parking lot with a choke leash. • Sick animals were neglected. • Animals were left in trucks for long periods of time. • Misting systems failed to function during the hot summer months in the outside kennels.
Recomendaciones relacionadas (1)
R10:
Shelter management shall ensure that employees treat all animals humanely and kindly in accordance with Civil Code §1834, which states: A depositary of living animals shall provide the animals with necessary and prompt veterinary care, nutrition, and shelter, and treat them kindly. Any depositary that fails to perform these duties may be liable for civil damages as provided by law.
F11:
Sworn testimony indicated that volunteers have been under-utilized. Management discouraged input from volunteers such as suggestions for improvement for shelter operations. Volunteers who expressed concerns were terminated.
Recomendaciones relacionadas (1)
R11:
Volunteers shall be used for adoption events, cleaning, feeding, watering, and walking animals at the shelter. They shall be utilized for fostering animals, fundraising, greeting customers, and counseling adoptive families. A shelter employee shall be appointed as a volunteer coordinator to schedule, train, and work with volunteers as well as management. Volunteers shall be permitted to express concerns/opinions without fear of reprisal.
F12:
The City has received a request for proposal (RFP) to have shelter services contracted to the Department of Animal Services of Riverside County. By acceptance of the RFP, there could be a potential savings to the City of approximately $200,000 per year. Testimony from City Officials 6 stated that the City can no longer continue to pay for an outdated shelter that needs renovation, nor can they afford to build a new facility. The current facility is approximately fifty years old. Due to the size and age of the building, it cannot safely or humanely accommodate the animals in their care. The estimated cost to replace the facility is approximately $9,000,000.
Recomendaciones relacionadas (1)
R12:
The City Council shall contract out shelter services to a facility that can safely and humanely take care of the animals. Report Issued: 05/21/13 Report Public: 05/23/13 Response Due: 08/19/13 8
Vista rápida
Detalles completos →
Hallazgos & Recomendaciones
12 hallazgos
F1:
The shelter does not have its own current policies and procedures manual. The manual being used by the shelter was adopted in 2006, using portions of policies and procedures from the Inland Valley Humane Society and the Society for Prevention of Cruelty to Animals (S.P.C.A.), much of which is outdated and does not address current accepted practices. A draft of a proposed policies and procedures manual for the shelter has been at the City Attorney’s office for more than 6 months.
Recomendaciones relacionadas (1)
R1:
The City Attorney and Chief of Police shall work together to finalize the policies and procedures manual. A policies and procedures manual shall be implemented without delay.
F2:
IPD has policies and procedures in Section 820, that establish guidelines for animal control. The police department has no written policy that establishes guidelines for supervision and operational responsibilities to run an animal shelter. The police department has not received any training on how to operate an animal shelter.
Recomendaciones relacionadas (1)
R2:
The IPD shall develop and implement a policy that establishes guidelines for supervision and operational responsibilities for the animal shelter. Formal training shall be provided to managers and supervisors who have operational and supervisory responsibilities for the shelter.
F3:
The shelter has failed to maintain accurate records for animals. Upon review of records provided to the Grand Jury, it became apparent that some information was inaccurate, missing, incomplete, or obviously fabricated. These included monthly impound reports, intake cards, and euthanasia records. The shelter has recently implemented a tracking system called “Chameleon”. Not all employees have been trained on this new computer software. According to California Food and Agricultural Code Section 32003: All public pounds and private shelters shall keep accurate records on each animal taken up, medically treated, or impounded. The records shall include all of the following information and any other information required by the California Veterinary Medical Board: (a) The date the animal was taken up, medically treated, euthanized, or impounded. (b) The circumstances under which the animal was taken up, medically treated, euthanized, or impounded. (c) The names of the personnel, who took up, medically treated, euthanized, or impounded the animal. (d) A description of any medical treatment provided to the animal and the name of the veterinarian of record. (e) The final disposition of the animal, including the name of the person who euthanized the animal of the name and address of the adopting party. These records shall be maintained for three years after the date the animal’s impoundment ends.
Recomendaciones relacionadas (1)
R3:
Shelter management shall be responsible for accurate records in accordance with California Food and Agricultural Code Section 32003. “Chameleon” training shall be implemented for all employees immediately to ensure that records and reports are done in a timely and accurate manner. There shall be policies and procedures established and implemented to ensure correct information is entered into the computer system.
F4:
Sworn testimony revealed the following: • Some animals were deprived of food, water, and shelter from the elements. 2 • Some animals were placed in cages without being given food or water. • During the hot summer months, the animals were not given fresh water on a consistent basis; when fresh water was given, it was placed in dirty bowls. • The water bowls were too large for small animals to access. • Small dogs were inappropriately being fed large size dog food that they were unable to chew. • Food on the floor was observed to be mixed in with feces. • Bedding was found to be wet and maggot-infested. • During inclement conditions, outside kennels were not checked on a regular basis. • Some cages in the quarantine area had ticks. • A dog was observed with matted hair and sores on its hindquarters. • There was not a proper cleaning procedure for the cages. • When cages were cleaned with disinfectant, the solution was not properly diluted, which caused chemical burns to the animals paws. As stated by Penal Code §597e: Any person who impounds, or causes to be impounded in any pound, any domestic animal, shall supply it during such confinement with a sufficient quantity of good and wholesome food and water, and in default thereof, is guilty of a misdemeanor. In case any domestic animal is at any time so impounded and continues to be without necessary food and water for more than 12 consecutive hours, it is lawful for any person, from time to time, as may be deemed necessary, to enter into and upon any pound in which the animal is confined, and supply it with necessary food and water so long as it remains so confined. Such person is not liable for the entry and may collect the reasonable cost of the food and water from the owner of the animal, and the animal is subject to enforcement of a money judgment for the reasonable cost of such food and water. As stated by Civil Code §1834: A depositary of living animals shall provide the animals with necessary and prompt veterinary care, nutrition, and shelter, and treat them kindly. Any depositary that fails to perform these duties may be liable for civil damages as provided by law.
Recomendaciones relacionadas (1)
R4:
IPD shall be responsible to immediately establish and implement a training program for employees and volunteers for the feeding, watering of animals, and cleaning of the shelter, to be in compliance with Penal Code §597e and Civil Code §1834.
F5:
Upon review of the shelter’s incomplete intake cards, the Grand Jury discovered some animals were sent for euthanasia prior to the legal holding time expiration date. Also, the shelter has sent adoptable animals for euthanasia without reasonable efforts to find them suitable homes prior to expiration of the holding period. According to California Food and Agriculture Code §31108(a): (a) The required holding period for a stray dog impounded pursuant to this division shall be six business days, not including the day of impoundment, except as follows: (1) If the public or private shelter has made the dog available for owner redemption on one weekday evening until at least 7 p.m. or one weekend day, the holding period shall be four business days, not including the day of impoundment.
Recomendaciones relacionadas (1)
R5:
Shelter management shall strictly adhere to the California Food and Agriculture Code §31108(a) regarding the required holding period.
F6:
The shelter does not have a Premises Permit issued by the Department of Consumer Affairs Veterinary Medical Board. Shelter employees are diagnosing, prescribing and administering medications or medical treatment without veterinary supervision. Some animals were given medications that were not prescribed for that particular animal by a veterinarian. Some animals, which appeared to be sick, were given unused medication previously prescribed by the veterinarian for another animal. California Business and Professions Code §4825 reads: It is unlawful for any person to practice veterinary medicine or any branch thereof in this State unless at the time of so doing, such person holds a valid, unexpired, and unrevoked license as provided in this chapter. California Business and Professions Code §4826 reads: A person practices veterinary medicine, surgery, and dentistry, and the various branches thereof, when he or she does any one of the following: (b) Diagnoses or prescribes a drug, medicine, appliance, application, or treatment of whatever nature for the prevention, cure, or relief of a wound, fracture, bodily injury, or disease of animals. 4 (c) Administers a drug, medicine, appliance, application, or treatment of whatever nature for the prevention, cure, or relief of a wound, fracture, bodily injury, or disease of animals, except where the medicine, appliance, application, or treatment is administered by a registered veterinary technician or a veterinary assistant at the direction of and under the direct supervision of a licensed veterinarian subject to Article 2.5 (commencing with Section 4832) or where the drug, including, but not limited to, a drug that is a controlled substance, is administered by a registered veterinary technician or a veterinary assistant pursuant to Section 4836.1. However, no person, other than a licensed veterinarian, may induce anesthesia unless authorized, by regulation of the board. California Business and Professions Code §4853 reads: (a) All premises where veterinary medicine, veterinary dentistry, veterinary surgery, and the various branches thereof is being practiced shall be registered with the board. The certificate of registration shall be on a form prescribed in accordance with Section 164. (b) “Premises” for the purpose of this chapter shall include a building, kennel, mobile unit, or vehicle. Mobile units and vehicles shall be exempted from independent registration with the board when they are operated from a building or facility which is the licensee manager’s principal place of business and the building is registered with the board, and the registration identifies and declares the use of the mobile unit or vehicle. (c) Every application for registration of veterinary premises shall set forth in the application the name of the responsible licensee manager who is to act for and on behalf of the licensed premises. Substitution of the responsible licensee manager may be accomplished by application to the board if the following conditions are met: (1) The person substituted qualifies by presenting satisfactory evidence that he or she possesses a valid, unexpired, and unrevoked license as provided by this chapter and that the license is not currently under suspension (2) No circumvention of the law is contemplated by the substitution.
Recomendaciones relacionadas (1)
R6:
Shelter management shall immediately follow the guidelines as set forth in the California Business and Professions Codes §4825 and §4826, regarding employees diagnosing, prescribing and administering medications or medical treatment. Any on-site diagnosis, prescribing and administering medications or medical treatment shall be overseen by a licensed veterinarian that has a current Premises Permit for that facility as cited in California Business and Professions Code §4853.
F7:
The Grand Jury investigation included examination of intake cards, which indicated that animals were sent to a veterinarian for euthanasia for medical reasons. Some animals sent to the veterinary center for euthanasia could have been treated medically; however, in sworn 5 testimony, it was indicated to the Grand Jury that the City does not currently have funding to medically treat sick animals. In these cases, the veterinarian either returned the animals to the shelter or placed them with animal rescue groups for medical treatment. Penal Code §599d states: (b) It is the policy of the state that no treatable animal should be euthanized. A treatable animal shall include any animal that is not adoptable but that could become adoptable with reasonable efforts. This subdivision, by itself, shall not be the basis of liability for damages regarding euthanasia.
Recomendaciones relacionadas (1)
R7:
The City shall provide funding for medically treatable animals. The shelter shall work closely with rescue groups that are able to assist in the medical 7 treatment of animals. Shelter management shall be in compliance with Penal Code §599d (b).
F8:
Shelter management has no formal training, education, or experience in animal shelter management. The shelter supervisor does not supervise the staff. Sworn testimony indicates that employees, other than the supervisor, are supervising the staff. Evidence obtained indicates that employees’ work hours are not being accurately recorded. Timesheets are completed by employees prior to hours being worked and approved by management prior to the end of the pay period.
Recomendaciones relacionadas (1)
R8:
Employees hired shall meet the qualifications as listed on the job descriptions posted on the City’s website. Only designated management shall be involved in supervising shelter staff. A system of tracking employees’ time and attendance shall be developed and implemented. Timesheets shall be filled out on a daily basis.
F9:
The shelter is not always open during the hours posted on the website or on the door of the shelter. The shelter is often closed during lunch. Grand Jury phone calls to the shelter were not always answered and messages were not returned. Sworn testimony and Grand Jury observations have shown that some employees are rude to customers.
Recomendaciones relacionadas (1)
R9:
Shelter management shall ensure there will always be two people at the shelter to guarantee continuous staff coverage during posted hours of operation. Employees shall return phone messages within twenty-four hours. In order to increase adoptions and reunite lost animals with families, customer service and courtesy shall be a priority. Policies and procedures dealing with these issues shall be developed and implemented immediately.
F10:
Sworn testimony indicated: • A shelter employee was observed dragging a dog across the parking lot with a choke leash. • Sick animals were neglected. • Animals were left in trucks for long periods of time. • Misting systems failed to function during the hot summer months in the outside kennels.
Recomendaciones relacionadas (1)
R10:
Shelter management shall ensure that employees treat all animals humanely and kindly in accordance with Civil Code §1834, which states: A depositary of living animals shall provide the animals with necessary and prompt veterinary care, nutrition, and shelter, and treat them kindly. Any depositary that fails to perform these duties may be liable for civil damages as provided by law.
F11:
Sworn testimony indicated that volunteers have been under-utilized. Management discouraged input from volunteers such as suggestions for improvement for shelter operations. Volunteers who expressed concerns were terminated.
Recomendaciones relacionadas (1)
R11:
Volunteers shall be used for adoption events, cleaning, feeding, watering, and walking animals at the shelter. They shall be utilized for fostering animals, fundraising, greeting customers, and counseling adoptive families. A shelter employee shall be appointed as a volunteer coordinator to schedule, train, and work with volunteers as well as management. Volunteers shall be permitted to express concerns/opinions without fear of reprisal.
F12:
The City has received a request for proposal (RFP) to have shelter services contracted to the Department of Animal Services of Riverside County. By acceptance of the RFP, there could be a potential savings to the City of approximately $200,000 per year. Testimony from City Officials 6 stated that the City can no longer continue to pay for an outdated shelter that needs renovation, nor can they afford to build a new facility. The current facility is approximately fifty years old. Due to the size and age of the building, it cannot safely or humanely accommodate the animals in their care. The estimated cost to replace the facility is approximately $9,000,000.
Recomendaciones relacionadas (1)
R12:
The City Council shall contract out shelter services to a facility that can safely and humanely take care of the animals. Report Issued: 05/21/13 Report Public: 05/23/13 Response Due: 08/19/13 8
Vista rápida
Detalles completos →
Hallazgos & Recomendaciones
1 hallazgos
F1:
Currently HR engages in the interactive process and determines that an employee, identified as needing reasonable accommodations, has work restrictions. If these restrictions cannot be reasonably accommodated within his/her current position or by being reassigned within his/her department, HR will search for other vacancies throughout the County for positions for which the Accommodation Candidate Work Restriction List (AR/List) candidate is qualified. HR’s current procedures are not in compliance with federal statutes in that they do not provide reasonable accommodation for a disabled employee when accommodations cannot be accomplished within the disabled employee’s current position or department. The current practice is that HR places the disabled employee on an AR/List. The employee is then referred to the hiring department and interviewed, thus “competing”, for vacant positions in other departments. The employee remains on this list until placed in a vacant position, or until a specified time period has elapsed, generally 90-days, depending on whether or not he/she is vested in a retirement plan. Any type of meeting between an AR/List individual and a hiring official, whether cloaked as a “skills verification meeting” or a similar meeting, constitutes an interview; an interview constitutes competition, thus is a violation of the ADA. The EEOC Enforcement Guidance document was originated by the ADA Division, Office of Legal Counsel Number 915.002 and examines reassignment as a form of reasonable accommodation and specifies who is entitled to reassignment and the extent to which an employer is required to search for a vacant position. Under the subsection entitled “Types of Reasonable Accommodation as Related to Job Performance”, discussion item Number 29 asks: Does reassignment mean that the employee is permitted to compete for a vacant position? No. Reassignment means that the employee gets the vacant position if she/he is qualified for it. Otherwise, reassignment would be of little value and would not be implemented as Congress intended. REFERENCES 42U.S.C. §12111(9)(b) (1994) 29 C.F.R. pt. 1630 app. §1630.2(c) (1997). See Senate Report, supra note 6, at 31 (“If an employee, because of disability, can no longer perform the essential functions of the job that she or he has held, a transfer to another vacant job for which the person is qualified may prevent the employee from being out of work and the employer from losing a valuable worker.”) See Wood v. County of Alameda, 5 AD Cas. (BNA) 173, 184 (N.D. Cal. 1995) (when employee could no longer perform job because of disability, she was entitled to reassignment to a vacant position, not simply an opportunity to “compete”); cf. Aka v. Washington Hosp. Ctr., 156 F. 3d 1284, 1304-05, 8 AD Cas. (BNA) 1093, 1110-11 (D.C. Cir. 1998) (the court, in interpreting a collective bargaining agreement provision authorizing reassignment of disabled employees, states that “[a]n employee who is allowed to compete for job precisely like any other applicant has not been “reassigned”); United States v. Denver, 943 F. Supp. 1304, 1310- 11, 6AD Cas. (BNA) 245, 250 (D. Colo. 1996) (the ADA requires employers to move beyond traditional analysis and consider reassignment as a method of enabling a disabled worker to do a job). The Grand Jury investigation revealed that AR/List individuals are currently being referred by HR personnel for interview by department personnel, contrary to EEOC guidance. HR refers to an AR/List employee interview as a “skills verification interview” and is relying on the interviewing official to make the final qualification determinations.
Recomendaciones relacionadas (1)
R1:
HR recruiters shall reassign a qualified AR/List employee to a vacant position without any department interview. HR procedures shall be amended to comply with the ADA requirements.
Recomendaciones adicionales
2
No vinculadas a hallazgos específicos.
R2:
Only fully-trained and experienced HR recruiting personnel shall reassign a qualified AR/List individual after ascertaining his/her qualifications for the vacant position. It shall be the responsibility of the HR recruiter’s supervisor to determine whether or not an HR recruiter is fully trained and/or experienced to make qualification determinations. In addition, all HR personnel shall be fully trained in ADA laws. Recruiters shall apply the qualifications criteria as outlined in the Riverside County’s job descriptions and recruiting guidelines listed at http://agency.governmentjobs.com/riverside/default.cfm?action/agencyspecs, or from job descriptions, resumes, and other sources. Compliance with ADA shall be implemented immediately.
R3:
HR shall develop a procedure to address the situation that exists when there are two or more AR/List employees qualified for a vacant position. Report Issued: 05/06/13 Report Public: 05/08/13 Response Due: 08/05/13 6
Vista rápida
Detalles completos →
Hallazgos & Recomendaciones
1 hallazgos
F1:
Currently HR engages in the interactive process and determines that an employee, identified as needing reasonable accommodations, has work restrictions. If these restrictions cannot be reasonably accommodated within his/her current position or by being reassigned within his/her department, HR will search for other vacancies throughout the County for positions for which the Accommodation Candidate Work Restriction List (AR/List) candidate is qualified. HR’s current procedures are not in compliance with federal statutes in that they do not provide reasonable accommodation for a disabled employee when accommodations cannot be accomplished within the disabled employee’s current position or department. The current practice is that HR places the disabled employee on an AR/List. The employee is then referred to the hiring department and interviewed, thus “competing”, for vacant positions in other departments. The employee remains on this list until placed in a vacant position, or until a specified time period has elapsed, generally 90-days, depending on whether or not he/she is vested in a retirement plan. Any type of meeting between an AR/List individual and a hiring official, whether cloaked as a “skills verification meeting” or a similar meeting, constitutes an interview; an interview constitutes competition, thus is a violation of the ADA. The EEOC Enforcement Guidance document was originated by the ADA Division, Office of Legal Counsel Number 915.002 and examines reassignment as a form of reasonable accommodation and specifies who is entitled to reassignment and the extent to which an employer is required to search for a vacant position. Under the subsection entitled “Types of Reasonable Accommodation as Related to Job Performance”, discussion item Number 29 asks: Does reassignment mean that the employee is permitted to compete for a vacant position? No. Reassignment means that the employee gets the vacant position if she/he is qualified for it. Otherwise, reassignment would be of little value and would not be implemented as Congress intended. REFERENCES 42U.S.C. §12111(9)(b) (1994) 29 C.F.R. pt. 1630 app. §1630.2(c) (1997). See Senate Report, supra note 6, at 31 (“If an employee, because of disability, can no longer perform the essential functions of the job that she or he has held, a transfer to another vacant job for which the person is qualified may prevent the employee from being out of work and the employer from losing a valuable worker.”) See Wood v. County of Alameda, 5 AD Cas. (BNA) 173, 184 (N.D. Cal. 1995) (when employee could no longer perform job because of disability, she was entitled to reassignment to a vacant position, not simply an opportunity to “compete”); cf. Aka v. Washington Hosp. Ctr., 156 F. 3d 1284, 1304-05, 8 AD Cas. (BNA) 1093, 1110-11 (D.C. Cir. 1998) (the court, in interpreting a collective bargaining agreement provision authorizing reassignment of disabled employees, states that “[a]n employee who is allowed to compete for job precisely like any other applicant has not been “reassigned”); United States v. Denver, 943 F. Supp. 1304, 1310- 11, 6AD Cas. (BNA) 245, 250 (D. Colo. 1996) (the ADA requires employers to move beyond traditional analysis and consider reassignment as a method of enabling a disabled worker to do a job). The Grand Jury investigation revealed that AR/List individuals are currently being referred by HR personnel for interview by department personnel, contrary to EEOC guidance. HR refers to an AR/List employee interview as a “skills verification interview” and is relying on the interviewing official to make the final qualification determinations.
Recomendaciones relacionadas (1)
R1:
HR recruiters shall reassign a qualified AR/List employee to a vacant position without any department interview. HR procedures shall be amended to comply with the ADA requirements.
Recomendaciones adicionales
2
No vinculadas a hallazgos específicos.
R2:
Only fully-trained and experienced HR recruiting personnel shall reassign a qualified AR/List individual after ascertaining his/her qualifications for the vacant position. It shall be the responsibility of the HR recruiter’s supervisor to determine whether or not an HR recruiter is fully trained and/or experienced to make qualification determinations. In addition, all HR personnel shall be fully trained in ADA laws. Recruiters shall apply the qualifications criteria as outlined in the Riverside County’s job descriptions and recruiting guidelines listed at http://agency.governmentjobs.com/riverside/default.cfm?action/agencyspecs, or from job descriptions, resumes, and other sources. Compliance with ADA shall be implemented immediately.
R3:
HR shall develop a procedure to address the situation that exists when there are two or more AR/List employees qualified for a vacant position. Report Issued: 05/06/13 Report Public: 05/08/13 Response Due: 08/05/13 6
Hallazgos & Recomendaciones
2 hallazgos
F1:
The Grand Jury finds that the City Attorney does not consider a Supervising Deputy City Attorney and the remaining Deputy Attorneys, professionally capable of performing legal advisory duties. A review of the job descriptions found that a primary function of the Supervising Deputy City Attorney/Deputy City Attorney is to advise and represent the City. Specifically, it indicates “may represent the City Attorney at various city council, board and commission meetings and in court.” Correspondence, received from the City Attorney’s office, dated April 16 and 18, 2013 stated that the commissioners are represented by the City Attorney’s office. These statements indicate that any attorney in the City Attorney’s office can represent the commissioners. Also, in an April 18, 2013, correspondence, the City Attorney stated he was the “primary legal advisor” for the commissioners and that it was “critical he be present and available outside the jury interview room should a witness need to confer with him.” On April 22, 2013, the Grand Jury took sworn and recorded testimony from the City Attorney. During this testimony with his counsel present, the question was posed, “How many attorneys are employed with the City Attorney’s office?” The City Attorney responded that “there are 14 positions, 13 lawyers.” The organizational chart provided by the City Attorney’s office indicates there are 11 allotted Deputy City Attorneys and 2 two Supervising Deputy City Attorneys. At the conclusion of the City Attorney’s testimony, a verbal secrecy admonishment was issued to him and his counsel. In sworn and recorded testimony, it was stated by the City Attorney that he is the primary legal advisor for the commissioners, and he would only delegate that responsibility to a specific Supervising Deputy City Attorney who also was not available April 24 and 25, 2013. He further stated that only a specific Supervising Deputy City Attorney was suited to represent clients, and the remaining lawyers, including another Supervising Deputy City Attorney in the office were not qualified to fill in his place. When addressed directly, “So in your words, they would not be qualified,” his response was, “That’s correct.” However, City of Riverside Salary Schedule Report, dated March 28, 2013, reflects the annual range of salaries for attorney positions as $75,120 to $165,180. In testimony obtained on May 23, 2013, the manager of the Commission stated that if the City Attorney and a Supervising Deputy City Attorney were unavailable for legal advice, they would seek advice from any available Deputy City Attorney within the office.
Recomendaciones relacionadas (1)
R1:
The City Attorney shall review the qualifications of all attorneys and ensure they are professionally capable of performing legal advisor duties as defined in their job descriptions.
F2:
The Grand Jury found that the City of Riverside, Office of the City Attorney, did not recognize the responsibilities of the Grand Jury and did not honor the secrecy of the Grand Jury. On April 12, 16, and 18, 2013, the Grand Jury received correspondence signed by the City Attorney with the subject line “Civil Grand Jury Investigation of Officer Involved Death of Brandon Dunbar on March 1, 2012, File No. CA 13-0765.” According to sworn and recorded testimony, the City Attorney stated that after speaking with the Riverside Police Department, he “surmised” the Investigation of Officer Involved Death of Brandon Dunbar on March 1, 2012, was the subject matter being investigated by the Grand Jury. Had the Grand Jury been investigating this subject matter, all confidentiality on the part of the Grand Jury would have been compromised, as this document was copied to the following: The Hon. Mark Cope, Presiding Judge Creg G. Datig, Assistant District Attorney Pamela Walls, County Counsel Scott C. Barber, City Manager Belinda J. Graham, Assistant City Manager James E. Brown, Supervising Deputy City Attorney Frank Hauptmann, Community Police Review Manager 3 When asked why he copied these individuals, his response was, “to make them aware of what the Grand Jury was doing”. After being admonished regarding secrecy, on April 22, 2013, the City Attorney filed a Motion and Motion to Modify with the Superior Court of California, County of Riverside that contained Exhibits B and C with the subject, “Civil Grand Jury Investigation of Officer Involved Death of Brandon Dunbar on March 1, 2012, File No. CA 13-0765,” which is in violation of Penal Code §939.22. On May 20, 2013, the Office of the Riverside County Counsel sent a letter of admonishment to the City Attorney on behalf of the Grand Jury (See Attachment #1).
Recomendaciones relacionadas (1)
R2:
The City of Riverside, Office of the City Attorney, shall refresh their memory on the responsibilities of the Grand Jury and shall honor the secrecy of the Grand Jury. Report Issued: 6/27/13 Report Public: 7/01/13 Response Due: 8/29/13 4
Vista rápida
Detalles completos →
Hallazgos & Recomendaciones
11 hallazgos
F1:
The Grand Jury found that by using the California Family Risk Assessment Form, DPSS/CPS does not place enough value to “neglect factors,” which are “risk factors.” In sworn testimony, the Grand Jury was informed that case workers were encouraged to close out referral cases when the investigation did not meet the “neglect” criteria on the California Family Risk Assessment Form. Reports from DPSS/CPS were classified as unfounded and unsubstantiated and cases were closed. The Grand Jury, in review of documents, found some of the following conditions have existed: • Substance abuse • Domestic violence • Lack of supervision • Absence from and poor performance in school • Poor household management • General neglect 4 California Risk Assessment Form and Definitions pages 61 thru 69 in Structured Decision Making Policy and Procedures Manual Manual Date 2008 (updated 4/28/09). To see this document refer to: (http://sharepoint/need/Projects/California/543/PP_Manual/PP Manual/_Part 1.doc) And: Welfare and Institutions Code §300.2 Notwithstanding any other provision of law, the purpose of the provisions of this chapter relating to dependent children is to provide maximum safety and protection for children who are currently being physically, sexually, or emotionally abused, being neglected, or being exploited, and to ensure the safety, protection, and physical and emotional well-being of children who are at risk of that harm. This safety, protection, and physical and emotional well- being may include provision of a full array of social and health services to help the children and family and to prevent re-abuse of children. The focus shall be on the preservation of the family as well as the safety, protection, and physical and emotional well- being of the child. The provision of a home environment free from the negative effects of substance abuse is a necessary condition for the safety, protection and physical and emotional well-being of the child. Successful participation in a treatment program for substance abuse may be considered in evaluating the home environment. In addition, the provisions of this chapter ensuring the confidentiality of proceedings and records are intended to protect the privacy rights of the child.
Recomendaciones relacionadas (1)
R1:
Policies and procedures shall be developed and implemented to specifically address risk factors that affect the long-term health, growth, and development of children. A form shall be developed to include the accumulating and compounding effects of risk factors. New policies and procedures shall be developed and implemented to address continued monitoring of any investigation where a referral for services was given. This monitoring shall continue until such time as the customer fully complies with the referral.
F2:
The Grand Jury, found that there is no definition for “global assessment” in their Glossary of Terms. In sworn testimony, the Grand Jury was told that “global assessment” is used when a referral necessitates an investigation. The definition given was, “they look at everything that is occurring at the home, not just what the original referral was for.” The Grand Jury’s review of records and sworn testimony revealed that social workers do not consider all current and prior history, as well as the “referral history alert.” Prior history may have included: • Convictions of various crimes that interfere with the families function • Parents had demonstrated an inability to provide protection • Substance abuse problems • Instability and erratic behavior • Hazardous and unsanitary home conditions • Children often do not attend school • Numerous law enforcement calls to a residence • An excessive amount of people living at a residence 5 According to: Children’s Services Handbook Module 2, Chapter 2, Section D, Release Date 12/2004: Referral: When a referral has been received for investigation the social worker shall complete the following steps:
Recomendaciones relacionadas (1)
R2:
DPSS/CPS shall develop and include the definition of “global assessment” in their
F3:
Assess for exigent circumstances (imminent risk).
Recomendaciones relacionadas (1)
R3:
DPSS/CPS shall develop and implement policies and procedures that will obtain information from law enforcement, medical, psychological, school personnel and any additional collateral contacts. This will provide information to caseworkers of law enforcement activity at the home address of dependent children and other pertinent information regarding school attendance and/or medical information. DPSS/CPS will also continue to obtain criminal history on all adults in the home pursuant to their current policy in Children’s Services Handbook Module 2, Chapter 2, Section D, Release Date 12/2004.
F4:
Assess for TRAC/RCAT/OHI/CAN criteria.
Recomendaciones relacionadas (1)
R3:
DPSS/CPS shall develop and implement policies and procedures that will obtain information from law enforcement, medical, psychological, school personnel and any additional collateral contacts. This will provide information to caseworkers of law enforcement activity at the home address of dependent children and other pertinent information regarding school attendance and/or medical information. DPSS/CPS will also continue to obtain criminal history on all adults in the home pursuant to their current policy in Children’s Services Handbook Module 2, Chapter 2, Section D, Release Date 12/2004.
F5:
Confirm school and home address/location.
Recomendaciones relacionadas (1)
R3:
DPSS/CPS shall develop and implement policies and procedures that will obtain information from law enforcement, medical, psychological, school personnel and any additional collateral contacts. This will provide information to caseworkers of law enforcement activity at the home address of dependent children and other pertinent information regarding school attendance and/or medical information. DPSS/CPS will also continue to obtain criminal history on all adults in the home pursuant to their current policy in Children’s Services Handbook Module 2, Chapter 2, Section D, Release Date 12/2004.
F6:
Review associated police or medical reports.
Recomendaciones relacionadas (1)
R3:
DPSS/CPS shall develop and implement policies and procedures that will obtain information from law enforcement, medical, psychological, school personnel and any additional collateral contacts. This will provide information to caseworkers of law enforcement activity at the home address of dependent children and other pertinent information regarding school attendance and/or medical information. DPSS/CPS will also continue to obtain criminal history on all adults in the home pursuant to their current policy in Children’s Services Handbook Module 2, Chapter 2, Section D, Release Date 12/2004.
F7:
Review previous child welfare services records.
Recomendaciones relacionadas (1)
R3:
DPSS/CPS shall develop and implement policies and procedures that will obtain information from law enforcement, medical, psychological, school personnel and any additional collateral contacts. This will provide information to caseworkers of law enforcement activity at the home address of dependent children and other pertinent information regarding school attendance and/or medical information. DPSS/CPS will also continue to obtain criminal history on all adults in the home pursuant to their current policy in Children’s Services Handbook Module 2, Chapter 2, Section D, Release Date 12/2004.
F8:
Contact referent for additional information.
Recomendaciones relacionadas (1)
R3:
DPSS/CPS shall develop and implement policies and procedures that will obtain information from law enforcement, medical, psychological, school personnel and any additional collateral contacts. This will provide information to caseworkers of law enforcement activity at the home address of dependent children and other pertinent information regarding school attendance and/or medical information. DPSS/CPS will also continue to obtain criminal history on all adults in the home pursuant to their current policy in Children’s Services Handbook Module 2, Chapter 2, Section D, Release Date 12/2004.
F9:
Obtain criminal history on all adults in the home.
Recomendaciones relacionadas (1)
R3:
DPSS/CPS shall develop and implement policies and procedures that will obtain information from law enforcement, medical, psychological, school personnel and any additional collateral contacts. This will provide information to caseworkers of law enforcement activity at the home address of dependent children and other pertinent information regarding school attendance and/or medical information. DPSS/CPS will also continue to obtain criminal history on all adults in the home pursuant to their current policy in Children’s Services Handbook Module 2, Chapter 2, Section D, Release Date 12/2004.
F10:
Assess the need for law enforcement involvement.
F11:
Prepare necessary equipment and forms (camera, cell phone, childcare seats, J132A, family maintenance agreement, service referral forms). In addition, the social workers use the California Family Risk Assessment form from Structured Decision Making Policy and Procedures Manual, Manual Date May 2008 (updated 4/28/09), pages 61 and 62. While the form addresses questions relating to the above conditions, it does not place enough credence to validate a continuing pattern of compounding neglect. Refer to: (http://sharepoint/need/Projects/California/543/PP_Manual/PP Manual_Part 1.doc)
Recomendaciones relacionadas (1)
R1:
Policies and procedures shall be developed and implemented to specifically address risk factors that affect the long-term health, growth, and development of children. A form shall be developed to include the accumulating and compounding effects of risk factors. New policies and procedures shall be developed and implemented to address continued monitoring of any investigation where a referral for services was given. This monitoring shall continue until such time as the customer fully complies with the referral.
Recomendaciones adicionales
3
No vinculadas a hallazgos específicos.
R4:
DPSS/CPS shall evaluate the case load for their social workers, including adequate report preparation time, and comply with the recommended guidelines as set forth by California Welfare and Institutions Code §18994.4(3)(c) which states: 9 (c) Caseloads that are balanced in size, not to exceed 25 cases per home visitor, and intensity (services intensity varies with client need).
R5:
DPSS/CPS shall develop and implement policies and procedures for all social workers to advise clients on their initial home visit of the complaint process, specifically by reading the pamphlet and answering any questions the client may have. As stated in the Children’s Services Handbook, Module 1, Chapter 3, Section B, Release Date 1/2004, pages 75 and 76, “Clients, relatives, elected officials or others shall be made aware of the complaint process and how to file one if needed.”
R6:
DPSS/CPS social workers shall complete their nine week “core induction training” before any social worker goes out into the field. Upper management shall establish a plan for experienced social workers to mentor inexperienced social workers. DPSS/CPS shall develop and implement policies and procedures requiring supervisors to accompany each social worker in the field a minimum of once a month. Report Issued: 6/27/13 Report Public: 7/01/13 Response Due: 8/29/13 10
Vista rápida
Detalles completos →
Hallazgos & Recomendaciones
11 hallazgos
F1:
The Grand Jury found that by using the California Family Risk Assessment Form, DPSS/CPS does not place enough value to “neglect factors,” which are “risk factors.” In sworn testimony, the Grand Jury was informed that case workers were encouraged to close out referral cases when the investigation did not meet the “neglect” criteria on the California Family Risk Assessment Form. Reports from DPSS/CPS were classified as unfounded and unsubstantiated and cases were closed. The Grand Jury, in review of documents, found some of the following conditions have existed: • Substance abuse • Domestic violence • Lack of supervision • Absence from and poor performance in school • Poor household management • General neglect 4 California Risk Assessment Form and Definitions pages 61 thru 69 in Structured Decision Making Policy and Procedures Manual Manual Date 2008 (updated 4/28/09). To see this document refer to: (http://sharepoint/need/Projects/California/543/PP_Manual/PP Manual/_Part 1.doc) And: Welfare and Institutions Code §300.2 Notwithstanding any other provision of law, the purpose of the provisions of this chapter relating to dependent children is to provide maximum safety and protection for children who are currently being physically, sexually, or emotionally abused, being neglected, or being exploited, and to ensure the safety, protection, and physical and emotional well-being of children who are at risk of that harm. This safety, protection, and physical and emotional well- being may include provision of a full array of social and health services to help the children and family and to prevent re-abuse of children. The focus shall be on the preservation of the family as well as the safety, protection, and physical and emotional well- being of the child. The provision of a home environment free from the negative effects of substance abuse is a necessary condition for the safety, protection and physical and emotional well-being of the child. Successful participation in a treatment program for substance abuse may be considered in evaluating the home environment. In addition, the provisions of this chapter ensuring the confidentiality of proceedings and records are intended to protect the privacy rights of the child.
Recomendaciones relacionadas (1)
R1:
Policies and procedures shall be developed and implemented to specifically address risk factors that affect the long-term health, growth, and development of children. A form shall be developed to include the accumulating and compounding effects of risk factors. New policies and procedures shall be developed and implemented to address continued monitoring of any investigation where a referral for services was given. This monitoring shall continue until such time as the customer fully complies with the referral.
F2:
The Grand Jury, found that there is no definition for “global assessment” in their Glossary of Terms. In sworn testimony, the Grand Jury was told that “global assessment” is used when a referral necessitates an investigation. The definition given was, “they look at everything that is occurring at the home, not just what the original referral was for.” The Grand Jury’s review of records and sworn testimony revealed that social workers do not consider all current and prior history, as well as the “referral history alert.” Prior history may have included: • Convictions of various crimes that interfere with the families function • Parents had demonstrated an inability to provide protection • Substance abuse problems • Instability and erratic behavior • Hazardous and unsanitary home conditions • Children often do not attend school • Numerous law enforcement calls to a residence • An excessive amount of people living at a residence 5 According to: Children’s Services Handbook Module 2, Chapter 2, Section D, Release Date 12/2004: Referral: When a referral has been received for investigation the social worker shall complete the following steps:
Recomendaciones relacionadas (1)
R2:
DPSS/CPS shall develop and include the definition of “global assessment” in their
F3:
Assess for exigent circumstances (imminent risk).
F4:
Assess for TRAC/RCAT/OHI/CAN criteria.
F5:
Confirm school and home address/location.
F6:
Review associated police or medical reports.
Recomendaciones relacionadas (1)
R3:
DPSS/CPS shall develop and implement policies and procedures that will obtain information from law enforcement, medical, psychological, school personnel and any additional collateral contacts. This will provide information to caseworkers of law enforcement activity at the home address of dependent children and other pertinent information regarding school attendance and/or medical information. DPSS/CPS will also continue to obtain criminal history on all adults in the home pursuant to their current policy in Children’s Services Handbook Module 2, Chapter 2, Section D, Release Date 12/2004.
F7:
Review previous child welfare services records.
Recomendaciones relacionadas (1)
R3:
DPSS/CPS shall develop and implement policies and procedures that will obtain information from law enforcement, medical, psychological, school personnel and any additional collateral contacts. This will provide information to caseworkers of law enforcement activity at the home address of dependent children and other pertinent information regarding school attendance and/or medical information. DPSS/CPS will also continue to obtain criminal history on all adults in the home pursuant to their current policy in Children’s Services Handbook Module 2, Chapter 2, Section D, Release Date 12/2004.
F8:
Contact referent for additional information.
Recomendaciones relacionadas (1)
R3:
DPSS/CPS shall develop and implement policies and procedures that will obtain information from law enforcement, medical, psychological, school personnel and any additional collateral contacts. This will provide information to caseworkers of law enforcement activity at the home address of dependent children and other pertinent information regarding school attendance and/or medical information. DPSS/CPS will also continue to obtain criminal history on all adults in the home pursuant to their current policy in Children’s Services Handbook Module 2, Chapter 2, Section D, Release Date 12/2004.
F9:
Obtain criminal history on all adults in the home.
Recomendaciones relacionadas (1)
R3:
DPSS/CPS shall develop and implement policies and procedures that will obtain information from law enforcement, medical, psychological, school personnel and any additional collateral contacts. This will provide information to caseworkers of law enforcement activity at the home address of dependent children and other pertinent information regarding school attendance and/or medical information. DPSS/CPS will also continue to obtain criminal history on all adults in the home pursuant to their current policy in Children’s Services Handbook Module 2, Chapter 2, Section D, Release Date 12/2004.
F10:
Assess the need for law enforcement involvement.
Recomendaciones relacionadas (1)
R3:
DPSS/CPS shall develop and implement policies and procedures that will obtain information from law enforcement, medical, psychological, school personnel and any additional collateral contacts. This will provide information to caseworkers of law enforcement activity at the home address of dependent children and other pertinent information regarding school attendance and/or medical information. DPSS/CPS will also continue to obtain criminal history on all adults in the home pursuant to their current policy in Children’s Services Handbook Module 2, Chapter 2, Section D, Release Date 12/2004.
F11:
Prepare necessary equipment and forms (camera, cell phone, childcare seats, J132A, family maintenance agreement, service referral forms). In addition, the social workers use the California Family Risk Assessment form from Structured Decision Making Policy and Procedures Manual, Manual Date May 2008 (updated 4/28/09), pages 61 and 62. While the form addresses questions relating to the above conditions, it does not place enough credence to validate a continuing pattern of compounding neglect. Refer to: (http://sharepoint/need/Projects/California/543/PP_Manual/PP Manual_Part 1.doc)
Recomendaciones relacionadas (1)
R1:
Policies and procedures shall be developed and implemented to specifically address risk factors that affect the long-term health, growth, and development of children. A form shall be developed to include the accumulating and compounding effects of risk factors. New policies and procedures shall be developed and implemented to address continued monitoring of any investigation where a referral for services was given. This monitoring shall continue until such time as the customer fully complies with the referral.
Recomendaciones adicionales
3
No vinculadas a hallazgos específicos.
R4:
DPSS/CPS shall evaluate the case load for their social workers, including adequate report preparation time, and comply with the recommended guidelines as set forth by California Welfare and Institutions Code §18994.4(3)(c) which states: 9 (c) Caseloads that are balanced in size, not to exceed 25 cases per home visitor, and intensity (services intensity varies with client need).
R5:
DPSS/CPS shall develop and implement policies and procedures for all social workers to advise clients on their initial home visit of the complaint process, specifically by reading the pamphlet and answering any questions the client may have. As stated in the Children’s Services Handbook, Module 1, Chapter 3, Section B, Release Date 1/2004, pages 75 and 76, “Clients, relatives, elected officials or others shall be made aware of the complaint process and how to file one if needed.”
R6:
DPSS/CPS social workers shall complete their nine week “core induction training” before any social worker goes out into the field. Upper management shall establish a plan for experienced social workers to mentor inexperienced social workers. DPSS/CPS shall develop and implement policies and procedures requiring supervisors to accompany each social worker in the field a minimum of once a month. Report Issued: 6/27/13 Report Public: 7/01/13 Response Due: 8/29/13 10
Vista rápida
Detalles completos →
Hallazgos & Recomendaciones
18 hallazgos
F1:
Through investigation, it was found that the District did not have policies and procedures to cover employee against employee conflicts.
Recomendaciones relacionadas (2)
R1:
MVUSD shall establish policies and procedures for employee against employee conflicts within work sites. The policies and procedures shall: • Ensure that all complaints made by an employee against another employee shall be investigated thoroughly and without bias. • Ensure that the investigative process includes administration recommendations for corrective action. • Ensure language is in place regarding appropriate follow-up action for substantiated allegations. • Require issuance of a Final Resolution Letter to be sent to both parties.
R2:
Policies and procedures shall be developed for employee against employee conflicts. An all-inclusive training program for investigation of complaints shall be devised to ensure future complainants’ concerns are addressed and the complainant receives a fair and impartial result. 5
F2:
The investigation conducted by MVUSD by the Assistant Superintendent and the Director of HR concluded that of the 18 allegations submitted by the complainant, 12 were unsubstantiated, 2 were substantiated, 2 were substantiated, but unrelated to the complaint and 2 were found to be inconclusive. The following is a brief summary of the 18 allegations. U (unsubstantiated) S (substantiated) I (inconclusive) # Allegations Findings
F3:
Screams and yells at his classes and other adults loudly U
F4:
Hoards new equipment in his office and it is not accessible to others U
F5:
Lied regarding a sufficient amount of locker latches U
F6:
Left classes completely unsupervised on 4 separate occasions U
F7:
Threatening behavior toward a specific colleague I
F8:
Sarcastic and rude e-mails to the PE staff U
F9:
Harasses and torments colleagues U
Recomendaciones relacionadas (2)
R3:
MVUSD shall take immediate action when such indiscretions are identified. The employee shall be placed immediately on Administrative Leave pending the outcome of an investigation. At the conclusion of the investigation, if the allegation is substantiated, the employee shall receive disciplinary action as opposed to an involuntary transfer.
R4:
Ensure District employees are aware of the expected behaviors required of all employees. An Employee Handbook shall be developed, if it is not already in place, with an annual review and update of acceptable and unacceptable behaviors. A similar writing shall be made available of the necessary steps needed to file a formal complaint with the District. Information regarding these steps shall be given to all employees on an annual basis. The complainant shall be provided with the proper actions necessary to secure the required information to appeal an investigation. Report Issued: 6/28/13 Report Public: 7/02/13 Response Due: 8/29/13 6
F10:
Solicits food and gifts on a regular basis from students and parents U
F11:
E-mails to staff soliciting them to buy Mary Kay products U
F12:
Sent numerous e-mails to staff to donate to the SMS (Shevila Middle S School) scholarship fund
F13:
Exhorts money from students for misplaced locks from gym lockers U
F14:
Encouraged female TA to walk through the boys’ locker room U
F15:
Undermines and interferes with his colleagues’ classes S
F16:
Attempts to damage and harm relationships between colleagues using I sarcasm and inappropriate comments
F17:
This conduct was reported to the Assistant Principal’s office on October 2, U 2009
F18:
As Department Chair, he repeatedly chastises and belittles his colleagues S during department meetings. He especially singles out one of his colleagues, going out of his way to bully and harass The Grand Jury investigation found four of the eighteen allegations that were first found to be unsubstantiated by MVUSD, and the Grand Jury found these allegations to be substantiated. For reference purposes, the allegations investigated were numbered 1, 3, 5, and
Vista rápida
Detalles completos →
Hallazgos & Recomendaciones
18 hallazgos
F1:
Through investigation, it was found that the District did not have policies and procedures to cover employee against employee conflicts.
Recomendaciones relacionadas (2)
R1:
MVUSD shall establish policies and procedures for employee against employee conflicts within work sites. The policies and procedures shall: • Ensure that all complaints made by an employee against another employee shall be investigated thoroughly and without bias. • Ensure that the investigative process includes administration recommendations for corrective action. • Ensure language is in place regarding appropriate follow-up action for substantiated allegations. • Require issuance of a Final Resolution Letter to be sent to both parties.
R2:
Policies and procedures shall be developed for employee against employee conflicts. An all-inclusive training program for investigation of complaints shall be devised to ensure future complainants’ concerns are addressed and the complainant receives a fair and impartial result. 5
F2:
The investigation conducted by MVUSD by the Assistant Superintendent and the Director of HR concluded that of the 18 allegations submitted by the complainant, 12 were unsubstantiated, 2 were substantiated, 2 were substantiated, but unrelated to the complaint and 2 were found to be inconclusive. The following is a brief summary of the 18 allegations. U (unsubstantiated) S (substantiated) I (inconclusive) # Allegations Findings
F3:
Screams and yells at his classes and other adults loudly U
F4:
Hoards new equipment in his office and it is not accessible to others U
F5:
Lied regarding a sufficient amount of locker latches U
F6:
Left classes completely unsupervised on 4 separate occasions U
F7:
Threatening behavior toward a specific colleague I
F8:
Sarcastic and rude e-mails to the PE staff U
F9:
Harasses and torments colleagues U
Recomendaciones relacionadas (2)
R3:
MVUSD shall take immediate action when such indiscretions are identified. The employee shall be placed immediately on Administrative Leave pending the outcome of an investigation. At the conclusion of the investigation, if the allegation is substantiated, the employee shall receive disciplinary action as opposed to an involuntary transfer.
R4:
Ensure District employees are aware of the expected behaviors required of all employees. An Employee Handbook shall be developed, if it is not already in place, with an annual review and update of acceptable and unacceptable behaviors. A similar writing shall be made available of the necessary steps needed to file a formal complaint with the District. Information regarding these steps shall be given to all employees on an annual basis. The complainant shall be provided with the proper actions necessary to secure the required information to appeal an investigation. Report Issued: 6/28/13 Report Public: 7/02/13 Response Due: 8/29/13 6
F10:
Solicits food and gifts on a regular basis from students and parents U
F11:
E-mails to staff soliciting them to buy Mary Kay products U
F12:
Sent numerous e-mails to staff to donate to the SMS (Shevila Middle S School) scholarship fund
F13:
Exhorts money from students for misplaced locks from gym lockers U
F14:
Encouraged female TA to walk through the boys’ locker room U
F15:
Undermines and interferes with his colleagues’ classes S
Recomendaciones relacionadas (2)
R3:
MVUSD shall take immediate action when such indiscretions are identified. The employee shall be placed immediately on Administrative Leave pending the outcome of an investigation. At the conclusion of the investigation, if the allegation is substantiated, the employee shall receive disciplinary action as opposed to an involuntary transfer.
R4:
Ensure District employees are aware of the expected behaviors required of all employees. An Employee Handbook shall be developed, if it is not already in place, with an annual review and update of acceptable and unacceptable behaviors. A similar writing shall be made available of the necessary steps needed to file a formal complaint with the District. Information regarding these steps shall be given to all employees on an annual basis. The complainant shall be provided with the proper actions necessary to secure the required information to appeal an investigation. Report Issued: 6/28/13 Report Public: 7/02/13 Response Due: 8/29/13 6
F16:
Attempts to damage and harm relationships between colleagues using I sarcasm and inappropriate comments
Recomendaciones relacionadas (2)
R3:
MVUSD shall take immediate action when such indiscretions are identified. The employee shall be placed immediately on Administrative Leave pending the outcome of an investigation. At the conclusion of the investigation, if the allegation is substantiated, the employee shall receive disciplinary action as opposed to an involuntary transfer.
R4:
Ensure District employees are aware of the expected behaviors required of all employees. An Employee Handbook shall be developed, if it is not already in place, with an annual review and update of acceptable and unacceptable behaviors. A similar writing shall be made available of the necessary steps needed to file a formal complaint with the District. Information regarding these steps shall be given to all employees on an annual basis. The complainant shall be provided with the proper actions necessary to secure the required information to appeal an investigation. Report Issued: 6/28/13 Report Public: 7/02/13 Response Due: 8/29/13 6
F17:
This conduct was reported to the Assistant Principal’s office on October 2, U 2009
F18:
As Department Chair, he repeatedly chastises and belittles his colleagues S during department meetings. He especially singles out one of his colleagues, going out of his way to bully and harass The Grand Jury investigation found four of the eighteen allegations that were first found to be unsubstantiated by MVUSD, and the Grand Jury found these allegations to be substantiated. For reference purposes, the allegations investigated were numbered 1, 3, 5, and
Recomendaciones relacionadas (2)
R3:
MVUSD shall take immediate action when such indiscretions are identified. The employee shall be placed immediately on Administrative Leave pending the outcome of an investigation. At the conclusion of the investigation, if the allegation is substantiated, the employee shall receive disciplinary action as opposed to an involuntary transfer.
R4:
Ensure District employees are aware of the expected behaviors required of all employees. An Employee Handbook shall be developed, if it is not already in place, with an annual review and update of acceptable and unacceptable behaviors. A similar writing shall be made available of the necessary steps needed to file a formal complaint with the District. Information regarding these steps shall be given to all employees on an annual basis. The complainant shall be provided with the proper actions necessary to secure the required information to appeal an investigation. Report Issued: 6/28/13 Report Public: 7/02/13 Response Due: 8/29/13 6
* 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.