San Bernardino County Grand Jury
2001-2002
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 (7)
Findings & Recommendations
1 findings
F1994:
We were advised the commander of Fort Irwin was quite concerned with the accidents and deaths occurring on Fort Irwin Road and is issuing restrictions to Army personnel. A detailed map and a copy of the “Proposed Department of Public Works Fort Irwin Road Project” information sheet were provided to the Grand Jury. This improvement project is in cooperation with the U.S. Army.
Additional Recommendations
8
Not linked to specific findings.
R02-01:
THE ROSTER OF BOARDS, COMMISSIONS AND COMMITTEES BE CONSISTENT. INFORMATION ABOUT MEMBERSHIP, PURPOSE, MEETING DATES, AND PLACES AND TIMES, COMPENSATION, AND POINT OF CONTACT SHOULD BE COMPLETED. WHEN AN ITEM DOES NOT APPLY OR IS NOT AVAILABLE FOR A PARTICULAR BOARD, COMMISSION OR COMMITTEE, IT SHOULD BE RECOGNIZED IN A LINE NOTE, E.G., COMPENSATION: NONE OR, COMPENSATION: $25.00 PER MEETING.
R02-02:
ALL INFORMATION ON BOARDS, COMMISSIONS AND COMMITTEES BE CONSISTENTLY AVAILABLE ON THE COUNTY WEBSITE, INCLUDING VACANCIES.
R02-03:
APPROPRIATE SOLICITATION FOR CANDIDATES FOR BOARDS, COMMISSIONS AND COMMITTEES BE POSTED ON THE WEBSITE LISTING OF THAT BODY. COUNTY CONTRACTING BACKGROUND Two items triggered the investigation of County contracting. First, the suggestion that the County Purchasing Department could operate more effectively if restrictions on the dollar amount it could independently approve for procurement of goods and services is raised from the current $25,000 (Board of Supervisors approval required above $25,000). Much of this procurement is through term purchase order, e.g., one year. Second, that the Design-Bid-Build process by the County Architecture and Engineering Department should be changed to allow Design-Build on certain projects to improve efficiency and reduce costs. In the Design-Bid-Build method of construction, a design firm is chosen through competitive process; negotiated contract is awarded to the successful design consultant. Construction bids are solicited and a construction contract is awarded to the lowest bidder. Each of these two contract cycles is reviewed and approved by the Architecture and Engineering Department and the Board of Supervisors. In Design-Build, the winning design consultant is also responsible for securing construction bids, thus eliminating one contracting cycle. The activities of these departments involve much contracting with outside agencies for goods and services. The investigation into County contracting took place over several months and four interviews (County Counsel, Architecture & Engineering Department, Purchasing Department and Real Estate Services Department). Details of contracts-related interviews reveal that the A&E Department follows contracting procedures as outlined in the County’s Policy and Procedures Manual and the California Public Contract Code as it pertains to counties, and, additionally, has its own internal review process involving the client on a major construction program. FINDINGS There is no central controlling office for contracting within County government. There are, however, published procedures and guidelines in the County’s Policy and Procedures Manual that an agency engaged in contracting must follow. The County Administrative Officer (CAO) established a procurement and contracting working group in June 1999. Representatives from the following County government offices formed the group: County Administrative Office, Auditor/Controller- 4 Recorder, Purchasing, County Counsel, Health and Human Services System, Human Resources Department, and the Sheriff’s Department. The working group was charged with presenting recommendations to the Board of Supervisors to “ensure adequate and appropriate controls and efficient and effective practices” in procurement, purchasing and contracting. Recommendations were presented to the Board in March 2000, discussed and amended. On April 18, 2000 the Board adopted a significant number of revisions and additions to the County Code and County policies relating to procurement (Section 11, Standard Practice Manual). These updates were immediately distributed to holders of the County Policy and Procedures Manual throughout the County. Some large County departments (e.g., Human Services System, Sheriff’s Department) have contract professionals and/or staffing to administer their contracting activity. However, most departments use the services of four major departments: County Counsel, Architecture & Engineering, Real Estate Services and Purchasing. County Counsel reviews all County contracts for “legal sufficiency” and refers to the Risk Manager in the Human Resources Department on contracts with major risks and certain insurance clauses, two major components of many government contracts. The Architecture and Engineering Department, as an agent for other County departments in contracting for large construction or remodeling projects, has an internal review and decision system. This system involves all appropriate County departments relating to the project prior to presentation of contract approval request to the Board of Supervisors through the County Administrative Office (CAO). The Real Estate Services Department handles its own contracting activity regarding purchase or lease of County facilities. It is staffed with real estate specialists, most with appropriate licenses and experience in real estate contracting. The Purchasing Department handles the highest volume of procurement within County government, while the Department of Health and Human Services has the largest staff engaged in contracting and/or contract administration. The Purchasing Department has been authorized (September 2001) to create a Contracts Unit. In addition to its departmental duties, it will serve as a core unit for contracting information and services for County departments that do not have the knowledge or staffing to do their own. Use of this unit by other County departments is not mandated through policy or code. Currently, a Computer Aided Facilities Management (CAFM) software system is being developed in a few County departments. This CAFM system can accommodate a contract data collection function activity for the Purchasing Department. Details of 5 individual contracts can be retained and made available to originating departments. A tag line on each basic contract listing in the procurement department database could be a reference contact point (phone, e-mail, department and/or person, etc.) to the originating agency for further detail. RECOMMENDATIONS
R02-04:
REVISE COUNTY CODE OF PROCUREMENT POLICIES AND PRACTICES TO FUNCTION FOR A PERIOD OF TIME FOR EFFECTIVENESS, BASED ON THOROUGH AUDIT OF PROCUREMENT LEDGERS DURING NORMAL DEPARTMENT AUDITS.
R02-05:
THE COUNTY PURCHASING DEPARTMENT BE DESIGNATED AS THE COUNTY GOVERNMENT CONTRACTING DATA CENTER FOR GATHERING, MAINTAINING, UPDATING AND PROVIDING BASIC INFORMATION ON ALL COUNTY CONTRACTS. RISK MANAGEMENT DIVISION OF THE HUMAN RESOURCES DEPARTMENT FORT IRWIN ROAD
R02-06:
INSTALL PROPER STREET LIGHTING ON FORT IRWIN ROAD.
R02-07:
INSTALL EMERGENCY TELEPHONE CALL BOXES ON FORT IRWIN ROAD AND OLD IRWIN ROAD.
R02-08:
INCREASE LAW ENFORCEMENT PATROL OF FORT IRWIN AND OLD IRWIN ROADS. 8
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Additional Recommendations
6
Not linked to specific findings.
R02-20:
ALL SELF-CONTAINED BREATHING APPARATUS USED BY COUNTY FIRE DEPARTMENT PERSONNEL MUST BE OF THE SAME DESIGN AND MANUFACTURE.
R02-21:
ALLOCATE FUNDS TO THE COUNTY FIRE DEPARTMENT FOR THE PURCHASE OF BREATHING APPARATUS WITH COMMUNICATIONS EQUIPMENT.
R02-22:
INCREASE FUNDING LEVELS FOR THE FOLLOWING EMERGENCY SERVICE ITEMS: (A) BASIC SERVICES TO THE NON-FUNDED AREAS; (B) COUNTY SERVICE AREAS PROVIDING SERVICE OUTSIDE OF THEIR LEGAL BOUNDARY ON A REGULAR BASIS; (C) REPLACEMENT OF SPECIALIZED EQUIPMENT.
R02-23:
CREATE A CONTRIBUTION ACCOUNT TO BE EARMARKED FOR THE REPLACEMENT OF FIREFIGHTER EQUIPMENT.
R02-24:
ALL COUNTY FIREFIGHTERS RECEIVE NECESSARY TRAINING IN HANDLING AN INCIDENT INVOLVING RADIOACTIVE WASTE.
R15-20:
years Wild Land Apparatus 20 years The County currently contributes from the General Fund: (1) $500,000 annual basic services to unfunded County areas, of which $270,000 is for replacement of fire apparatus, extrication tools, and other related heavy life-saving equipment for those stations providing services to the unfunded areas; (2) $200,000 reimbursement of actual
Additional Recommendations
29
Not linked to specific findings.
R02-36:
REQUIRE A POLICY AND PROCEDURES MANUAL TO BE AVAILABLE IN THE CASH RECEIPTS AREA.
R02-37:
HIRE LICENSED VOCATIONAL NURSES IN THE ACUTE CARE HOSPITAL.
R02-38:
PROVIDE A TEAM NURSING SYSTEM ON THE MEDICAL-SURGICAL FLOOR.
R02-39:
POST BILINGUAL SIGNS THROUGHOUT THE ARMC. 32
R02-40:
RE-POSITION DIRECTIONAL SIGNAGE ON THE SECOND FLOOR THAT SHOWS THE LOCATION OF PATIENT ACCOUNTS DEPARTMENT.
R02-41:
PROVIDE ALL VISITORS WITH IDENTIFICATION BADGES.
R02-42:
PROVIDE AN AREA FOR VISITORS IN THE MAIN ARMC LOBBY THAT IS COMFORTABLE.
R02-43:
REDUCE NOISE LEVEL IN THE ARMC LOBBY.
R02-44:
PROVIDE VISIBLE SECURITY IN THE EMERGENCY ROOM AND LOBBY.
R02-45:
PROVIDE ADDITIONAL SHADE ON THE PATIOS IN THE BEHAVIORAL HEALTH HOSPITAL.
R02-46:
ACTIVATE THE CAMERAS IN THE BEHAVIORAL HEALTH SECLUSION ROOMS.
R02-47:
REVIEW THE ADVISABILITY OF A LABOR-DELIVERY-RECOVERY-POST PARTUM (LDRP) UNIT.
R02-48:
PROVIDE A WARD FOR PRISONERS THAT AVOIDS TRAVERSING PATIENT AREAS.
R02-49:
EXPAND THE EMERGENCY ROOM WAITING AREA.
R02-50:
PROVIDE AND IDENTIFY A PUBLIC INFORMATION PERSON IN THE EMERGENCY ROOM WAITING AREA.
R02-51:
PROVIDE ADDITIONAL PARKING FOR OUTPATIENTS AND VISITORS.
R02-52:
REQUEST FUNDS FROM THE BOARD OF SUPERVISORS WHEN A SPECIFIC NEED IS CURRENT AND PUT THE FUNDS IN A DESIGNATED ACCOUNT THAT RELATES TO THE REQUEST.
R02-53:
PROVIDE X-RAY EQUIPMENT AND LABS TO FAMILY HEALTH CENTER CLINICS. DEPARTMENT OF AGING AND ADULT SERVICES (DAAS) BACKGROUND The mission of the Department of Aging and Adult Services (DAAS) is to serve seniors and at-risk individuals and assist them in maintaining or improving choices, independence, and quality of living, while living in the least restrictive environment. DAAS is the designated area agency on aging for the County of San Bernardino and is responsible for administering all funds under Title III and Title VII of the Older Americans Act. DAAS has a staff of 366 and provides employment for approximately 10,000 independent providers (In-Home Support caregivers). DAAS has offices in 14 locations throughout the County and provides a wide range of services and programs for senior citizens and adults with disabilities, including but not limited to: Senior Home and Health Care Adult Protective Services In-Home Supportive Services Ombudsman Program Senior Nutrition Legal Services Senior Employment Transportation Services Care Giver Services DAAS is committed to safeguarding the rights of vulnerable adults, supporting care- givers, promoting prevention of abuse, and providing information and assistance to help solve any problem clients may have. DAAS is also the County department responsible for planning, coordinating and funding programs for all functionally impaired adults and for educating the public on elder/dependent adult issues. The department is required to insure that options are easily accessible to all older individuals, and to have a visible focal point where anyone can go or call for help, information or referral. FINDINGS The Department of Aging and Adult Services (DAAS) is preparing for a budget deficit due to the $14 to $20 billion deficit of the State of California. This comes at a time when the baby boomers are only four years away from joining the 55-60 year senior population grouping. DAAS has joined a nationwide movement by implementing a computerized tracking system, known as SAMS (Social Assistance Management System), to track the types of services delivered to clients. DAAS’ goals have been reassessed and some have either been combined with new ones or deleted. The Department of Aging and Adult Services held public hearings for seniors and young adults with disabilities. The purpose of the hearing was to identify and assess the needs of senior citizens and young adults with disabilities. It also obtained reactions on the present services provided by DAAS and the type of assistance that older persons and younger disabled adults felt were needed. Transportation services that would enable seniors to gain access to community services and resources such as shopping and health visits through specialized transportation are non-existent, especially in rural areas. When available, family, friends and volunteers are used to provide transportation. Whenever possible, they are used to do shopping, keep medical appointments and pay bills. Outlying areas are losing the use of the Transportation Reimbursement Escort Program (TREP) because of insurance problems and under-utilization. DAAS assists when such support is not available. The goal of creating a Senior Network, along the lines of the Children’s Network, has been abandoned. The position of Network Officer, approved by the Board of Supervisors, has been eliminated, as a cost-cutting endeavor. The individual who held that position, along with support staff, have been transferred to vacant positions within DAAS. Low-cost housing is a top concern for seniors and adults with disabilities. The housing for seniors in San Bernardino County is limited. There is a long waiting time for affordable senior housing. Most senior housing is too expensive for low-income individuals on a fixed income. Section 8 funds pay all but 30 percent of a seniors rent, but the wait to be added to the program is currently more than two years as there is a limited amount of resources to pay for the program. There is a great need for more volunteers and paid staff in the Ombudsman Program to visit nursing homes and board and care homes. Ombudsmen are State- certified volunteers who are empowered to investigate and resolve complaints about long- term care facilities in the County. The Senior Employment Program places eligible seniors age 55 or older, and low- income, in on-the-job training positions. Participants are paid minimum wages while training 20 hours per week with government and private agencies. The largest change that DAAS has undergone is in the Long-Term Care Integrated Pilot Project. Early in 1997 the State Department of Health notified DAAS that it had been selected as a Long-Term Care Pilot Project. Goals and objectives were developed and included in the 1997-2001 Area Plan that was approved by the Board of Supervisors in May of 1997. During 1999 changes within the County, and the State Department of Health’s failure to secure critical waivers, prohibited further development of a Long-Term Care program. There are no plans to continue this project. DAAS does not feel that the Long-Term program is achievable. In the future, with the increase of older persons within the State and County, this project may be reconsidered for inclusion in their next area plan. RECOMMENDATIONS
R02-54:
ESTABLISH AFFORDABLE TRANSPORTATION SERVICE FOR SENIOR CITIZENS.
R02-55:
RE-ESTABLISH THE PROPOSAL TO DEVELOP A FORMAL “AGING AND ADULT NETWORK”, PATTERNED AFTER THE CHILDREN’S NETWORK.
R02-56:
ONE MEMBER OF THE BOARD OF SUPERVISORS SERVE ON THE AGING AND ADULT NETWORK BOARD.
R02-57:
PROVIDE ADDITIONAL FUNDING FOR SECTION 8 FOR AFFORDABLE HOUSING FOR SENIORS AND ADULTS WITH DISABILITIES.
R02-58:
PROVIDE FUNDING FOR TRAINING AND CERTIFICATION FOR MORE VOLUNTEERS IN THE OMBUDSMAN PROGRAM.
R02-59:
SUBMIT PUBLIC SERVICE ANNOUNCEMENTS ON THE OMBUDSMAN PROGRAM TO LOCAL NEWSPAPERS AND RADIO AND TELEVISION STATIONS. 36
R02-60:
DEVELOP PUBLIC INFORMATION PACKETS TO ALERT SENIORS ABOUT JOBS AND JOB TRAINING. DEPARTMENT OF CHILDREN’S SERVICES CHILDREN’S ASSESSMENT CENTER
R02-61:
DEVELOP A PLAN TO EXPAND THE CHILDREN’S ASSESSMENT CENTER THROUGH THE CHILDREN’S FUND AND PRIVATE BENEFACTORS.
R02-62:
THE COUNTY OF SAN BERNARDINO DEVELOP AND IMPLEMENT A PLAN FOR THE HIGH DESERT AND OTHER AREAS TO HAVE EASY ACCESS TO THE CHILDREN’S ASSESSMENT CENTER SERVICES. DEPARTMENT OF PUBLIC HEALTH DIVISION OF ENVIRONMENTAL HEALTH SERVICES FOOD PROTECTION PROGRAM BACKGROUND The Food Protection Program is a division of the Environmental Health Services Department, which operates under the County Public Health Department. It is the largest and most demanding program under Environmental Health Services. The office performs inspections on public eating establishments, oversees the food operations of markets, food concessions, ice cream trucks, and wholesale food establishments. The program monitors safe food handling practices, cleanliness and compliance with the California Health and Safety Code, which this department uses as the standard. FINDINGS There are currently 40 inspectors working in the Food Protection Program, handling approximately 32,260 inspections per year. Of the total staff, one supervisor, seven field inspectors and four clerical staff positions are bilingual. The Food Program’s annual budget is presently $3,377,000. A Bachelor’s degree in Science and 450 hours of training in Environmental Science, or a Bachelor’s degree in Environmental Health, are required to be hired as a food inspector. Journeyman inspectors spend about four months in training before being assigned on their own. Inspections are performed twice per year and inspectors are rotated into new districts approximately every two to three years. Their inspections and records are presently up to date. An accounting verification program is now tracking and computerizing all inspections. In the event the department cannot meet its inspections schedule due to a shortage of inspectors, employees are rotated so that no establishment goes for a year without an inspection. Inspectors use a standard Environmental Code to rate each facility’s inspection. All inspections begin with a score of 100. Violations have point deductions to achieve an overall rating. The final score and all infractions needing correction and modification are physically shown to the manager and each infraction discussed with them. All restaurants are required to display a placard that informs the public that the last inspection report is available for their review. On the inspection report there is a telephone number for the County Food Protection office, date of last inspection and signature of the inspector. In this way, any person can easily verify an establishment’s certification. Mobile lunch wagons with hot food, ice cream trucks and food vendor carts are also inspected once per year and must display a sticker denoting their current status. No food that has been prepared at home is allowed to be sold at any commercial establishment due to the inability of the County to regulate the preparation and the lack of proper equipment. Hairnets are not required for food handlers. Long hair must be pulled back. Gloves must be worn if fingernails are painted or if there is a cut or wound on the hands, but it is not an overall requirement. Proper and thorough hand washing is required. There must be hot water at an establishment or it could be closed down. There are no State requirements for food handlers to possess a health certificate or show proof of any blood tests for possible diseases such as hepatitis or tuberculosis. A Food Handler’s permit is required to work in food establishments and the certificates must be available to the inspector who verifies that employees have them and that they are current. All hot food must be maintained at 140 degrees and cold food maintained at 41 degrees or below. Members of the Grand Jury accompanied two different inspectors at four separate restaurants. Both inspectors did thorough inspections of all areas at these four establishments, including the restrooms. RECOMMENDATIONS
R02-63:
OBTAIN THE AUTHORITY TO TEST RESTAURANT WORKERS PERIODICALLY FOR TUBERCULOSIS, HEPATITIS OR ANY OTHER COMMUNICABLE DISEASE.
R02-64:
REQUIRE ALL RESTAURANT AND FOOD HANDLERS TO POSSESS A VALID HEALTH CERTIFICATE. 41
Additional Recommendations
7
Not linked to specific findings.
R02-25:
IMPLEMENT A PROCESS IN JOBS AND EMPLOYMENT SERVICES FOR DOCUMENTING ITS’ NETWORKING WITH THE EMPLOYMENT COMMUNITY, HIGH SCHOOLS, CONTINUATION SCHOOLS, COMMUNITY COLLEGES AND UNIONS.
R02-26:
JOBS AND EMPLOYMENT SERVICES PUBLICIZE ITS SUCCESSES THROUGH THE MEDIA AND THROUGH CONTACTS WITH SERVICE CLUBS AND THE GENERAL PUBLIC.
R02-27:
ENFORCE ALL MONETARY ACCOUNTABILITY PROCEDURES IN ADMISSIONS AND IN THE MUSEUM STORE.
R02-28:
REVIEW ALL OPERATIONAL PROCEDURES FOR THE MUSEUM ON AN ANNUAL BASIS.
R02-29:
INSTALL A COMPUTER RETRIEVAL SYSTEM TO IMPROVE EFFICIENCY IN PROVIDING DOCUMENTS TO RESEARCHERS.
R02-30:
COMMUNICATE WITH MUSEUMS AND OTHER SOURCES TO BRING EXHIBITS TO SAN BERNARDINO COUNTY.
R02-31:
MEET WITH THE SAN BERNARDINO COUNTY FIRE CHIEF/WARDEN TO SEEK RESOLUTION TO THE PROBLEM OF INADEQUATE FIRE PROTECTION OF THE DOCUMENT STORAGE AREA.
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Findings & Recommendations
1 findings
F2001:
This data is contained in the Crowding Assessment Report of the BOC dated January 8, 2001. The information is required to be submitted by each overcrowded juvenile detention center, under Section 1343, Title 15 (CCR). The report is required to be submitted every 30 days to the BOC whenever overcrowded conditions are evident in a detention facility. ASSAULT ON STAFF MODEL YEAR 2000 No. of Assaults YEAR 2001 No. of Assaults JANUARY 0 JANUARY 1 FEBRUARY 1 FEBRUARY 1 MARCH 0 MARCH 0 APRIL 1 APRIL 2 MAY 2 MAY 2 JUNE 1 JUNE 2 JULY 0 JULY 0 AUGUST 1 AUGUST 1 SEPTEMBER 1 OCTOBER 3 NOVEMBER 0 DECEMBER 1 Total assaults Year One 11 Partial Second Year Tracking 9 The following pattern depicts the CJH facilities reportable incidences of detainee behavior. This data pertains to January through December 2000. Suicides 0 Suicide Attempts 24 Escapes 0 Escape Attempts 3 Use of Restraints 111 Use of Force 151 Self-Inflicted Injuries 52 The process of placement of detainees out of the area is noted. This is in part due to a lack of specific facilities and personnel in the County. Currently the department is in the process of developing facilities to enable displaced detainees to be housed in the County. The CJH kitchen and dining hall are antiquated. The general appearance of the grounds indicates that the CJH grounds are not well maintained. The CJH superintendent indicated these issues need attention due to lack of funds. Yearonetracking Yeartwotracking The issue of funding was addressed, and budget research has indicated that sufficient funds have not been allocated to the Probation Department to keep CJH in proper repair. From 1989 to 2000, the Probation Department budget reports show that the Board of Supervisors (BOS) has not provided adequate funding. According to a budget report from the Probation Department, administrators have received approximately 33 percent of their monies from outside funding sources to run existing programs at CJH.
Additional Recommendations
6
Not linked to specific findings.
R02-94:
MAKE THE BOARD OF SUPERVISORS AWARE THAT THE DATA/STATISTICS SHOW AN INCREASE OF HATE CRIMES IN SAN BERNARDINO COUNTY.
R02-95:
DEVELOP A PUBLIC AWARENESS PROGRAM TO EDUCATE THE PUBLIC.
R02-96:
BUDGET THE HATE CRIMES UNIT OF THE DISTRICT ATTORNEY’S OFFICE THROUGH THE GENERAL FUND.
R02-97:
DEVELOP SPECIFIC INFORMATION BY THE HATE CRIMES UNIT IN ITS INTERPRETATION OF THE DIFFERENCE BETWEEN HATE INCIDENTS AND HATE CRIMES.
R02-98:
ENCOURAGE THE STATE AND FEDERAL LEGISLATORS TO WRITE SPECIFIC LAWS TO REDUCE CONFLICTING INTERPRETIVE AREAS OF HATE CRIMES OR HATE INCIDENTS.
R02-99:
DEVELOP AND IMPLEMENT INNOVATIVE STRATEGIES DESIGNED TO PREVENT AND REDUCE THE SPREAD OF HATE CRIMES AND HATE MOTIVATED INCIDENTS WITHIN THE COMMUNITY. 02-100 DEVELOP A PLAN TO INCORPORATE COMMUNITY LEADERS, NEIGHBORS, SCHOOLS, COLLEGES AND UNIVERSITIES TO BECOME A PART OF THE PREVENTION STRATEGIES WITH THE DISTRICT ATTORNEY’S OFFICE. 02-101 COMPILE STATISTICS RELATED TO ETHNICITY, RELIGION, GENDER, DISABILITY AND ANY OTHER DATA THAT COULD ASSIST IN ANALYZING INCIDENTS CONNECTED TO HATE CRIMES AND HATE INCIDENTS. PROBATION DEPARTMENT CENTRAL JUVENILE HALL BACKGROUND The Probation Department has the responsibility to maintain physical control of youth rendered a judgment by the court system. The following source material contains the controlling document/s for detainee/juvenile care. The Minimum Standards for Juvenile Facilities are located in Articles 1-12, of Division 1, Board of Corrections (BOC) Chapter 1, Subchapter 5, California Code of Regulations (CCR) Title 15 and CCR, Title 24. If a juvenile hall facility cannot meet these standards, the facility will be found unsuitable to house minors. FINDINGS The first buildings constructed for this facility were in the 1950’s, and they are currently used as housing units for the detainees. Overcrowded living conditions have created buildings that are in need of maintenance and upgrading. From 1992 through 1998 the detainee population at Central Juvenile Hall (CJH) has grown nine percent (9%) each year. In 1999 through 2000, the population increased by 32 percent. The overall increase from 1992 to 2000 was 145 percent. The Tent Housing Annex is one element of the department’s overall Emergency Suitability Plan. It was conceived in response to concerns by the State Board of Corrections. Central Juvenile Hall has a rated capacity of 281 detainees. An overcrowded condition reached a peak in October 2000, with 605 detainees. The BOC approved the Emergency Suitability Plan for the Tent Housing Annex on January 18, 2001. The term “Tent Housing Annex” was adopted by the Probation Department to describe the construction of six wood-framed buildings that are intended to house juvenile detainees in a non-permanent building complex. An agreement was reached with the developer to have construction completed by September 2001. The building construction was not completed in the agreed upon time period. When construction was completed, the County was required to expend an additional $60,000 for retrofitting of the heating and air conditioning system. The County Architecture and Engineering Department was unable to foresee all the ramifications/answers to the County’s first venture into the contracted building and supervision of a tent structure. This annex facility is the first project of its kind for juveniles in the nation. Each tent structure measures 18 x 72 feet. The structures have wooden floors. The sides are ten feet high. Five feet of the wall is wood, with the remaining five feet made of canvas. The ceilings are not solid but made of wire mesh. The Suitability Plan called for ten bunk beds, three picnic tables, one storage cabinet, one desk and one chair for staff. Each tent has two doors, (which remain unlocked), and eight windows (four on each side), with roll up and tie coverings. There are 120 detainees assigned in the tent structures. The structures will remain in existence until adequate housing has been constructed, not later than March 31, 2003. The staff-to-detainee ratio is currently 1:8 during day hours and 1:12 during night hours. The staffing levels of the Probation Department are above the standards established by the BOC of 1:10 day hours and 1:30 during night hours. Camp Heart Bar, located in the San Bernardino Mountains, is another rehabilitation facility occupied by detainees of the Probation Department. There are 22 detainees at this site. The following data displays the number of assaults on Probation Corrections Officers by detainees at CJH covering the time period January 1, 2000 through August 31, 2001. This data is contained in the Crowding Assessment Report of the BOC dated January 8, 2001. The information is required to be submitted by each overcrowded juvenile detention center, under Section 1343, Title 15 (CCR). The report is required to be submitted every 30 days to the BOC whenever overcrowded conditions are evident in a detention facility. ASSAULT ON STAFF MODEL YEAR 2000 No. of Assaults YEAR 2001 No. of Assaults JANUARY 0 JANUARY 1 FEBRUARY 1 FEBRUARY 1 MARCH 0 MARCH 0 APRIL 1 APRIL 2 MAY 2 MAY 2 JUNE 1 JUNE 2 JULY 0 JULY 0 AUGUST 1 AUGUST 1 SEPTEMBER 1 OCTOBER 3 NOVEMBER 0 DECEMBER 1 Total assaults Year One 11 Partial Second Year Tracking 9 The following pattern depicts the CJH facilities reportable incidences of detainee behavior. This data pertains to January through December 2000. Suicides 0 Suicide Attempts 24 Escapes 0 Escape Attempts 3 Use of Restraints 111 Use of Force 151 Self-Inflicted Injuries 52 The process of placement of detainees out of the area is noted. This is in part due to a lack of specific facilities and personnel in the County. Currently the department is in the process of developing facilities to enable displaced detainees to be housed in the County. The CJH kitchen and dining hall are antiquated. The general appearance of the grounds indicates that the CJH grounds are not well maintained. The CJH superintendent indicated these issues need attention due to lack of funds. Yearonetracking Yeartwotracking The issue of funding was addressed, and budget research has indicated that sufficient funds have not been allocated to the Probation Department to keep CJH in proper repair. From 1989 to 2000, the Probation Department budget reports show that the Board of Supervisors (BOS) has not provided adequate funding. According to a budget report from the Probation Department, administrators have received approximately 33 percent of their monies from outside funding sources to run existing programs at CJH. RECOMMENDATIONS 02-102 INSTITUTE A NEW STRUCTURED PLAN COVERING POPULATION PROJECTIONS AND NEEDS ASSESSMENT FOR 10, 15 AND 20-YEAR INTERVALS. 02-103 ENCOURAGE THE BOARD OF SUPERVISORS TO PROVIDE SUFFICIENT FUNDING TO MEET THE HOUSING NEEDS OF THE DETAINEES. 02-104 REMODEL THE DINING FACILITY AT CENTRAL JUVENILE HALL. 02-105 CREATE A PROGRAM FOR THE DETAINEES TO BECOME INVOLVED IN THE UPKEEP OF THE GROUNDS. 02-106 LOCATE DETAINEES HOUSED OUTSIDE THE COUNTY AND STATE TO RETURN TO SAN BERNARDINO COUNTY. 02-107 ESTABLISH A SECTION WITHIN THE PROBATION DEPARTMENT TO SEEK OUT ALL AVAILABLE GRANT MONIES. 02-108 CONSULT THE COUNTY ARCHITECTURE AND ENGINEERING DEPARTMENT REGARDING THE DESIGN OF PROBATION FACILITIES. PUBLIC ADMINISTRATOR/CORONER/ PUBLIC GUARDIAN BACKGROUND San Bernardino County voters elect the Public Administrator/Coroner/Public Guardian, commonly referred to as the “Coroner”. The current Coroner was first elected in 1982 and has been re-elected to four additional terms. The Coroner oversees the Medical Examiners who perform autopsies and determine cause of death. The Coroner investigates the findings to clarify all circumstances surrounding or pertaining to the death. This department also has the duty for identification of the deceased, and to contact the next of kin. The Public Administrator is required by law to take charge of the property of persons who have died when no executor or administrator has been appointed. The Public Administrator manages the estates of the deceased until families assume responsibility. If no family member claims the estate, the property goes to public auction. The Public Guardian, by Court appointment, acts as conservator of any individuals found to be gravely disabled. The Public Guardian arranges for custodial care of the ill and elderly in nursing homes, and administers the estates of the gravely disabled or other incompetent persons. He also coordinates legal or social services on their behalf. The 1995-1996 Grand Jury recommended the appointment of a blue ribbon committee to explore the advisability of consolidating the office of the Public Administrator/Coroner under the Sheriff’s Department. The committee was appointed in January 2001 and consisted of executive staff from both agencies, in addition to representatives from County Human Resources and County Counsel. Major issues explored by the committee included: facilities, vehicle acquisition and maintenance, computers and data automation, communications, staffing levels, employee classifications, use of forensic laboratory and other technical services. The issue of consolidation of the Coroner and Sheriff Departments surfaced in 2000-2001 when the Grand Jury addressed the possibility of any future merging of the Coroner’s office with the Sheriff’s Department. The Coroner informed that Grand Jury that such a merger was not being considered. However, the Sheriff and the Coroner brought a merger proposal to the Board of Supervisors in 2002. The Board did not approve the merger. The possibility of separating the Public Administrator, Public Guardian and/or Conservator functions from the Coroner had been an issue in the past and was considered by staff relative to a merger. All parties seemed to agree that reconsideration of this issue might be appropriate. FINDINGS Several meetings were held with the Public Administrator/Coroner/Public Guardian. A request was made for the mission statement for the three agencies, and was received. Although the three agencies are separate and serve different public needs, all the mission statements were the same. These mission statements were not individualized to reflect the differences of services provided. The main Coroner building is approximately 15 years old. Due to the population growth of the County, the space is no longer adequate to meet the demands of the department. On a tour of the autopsy area, supplies were observed stacked 3-4 boxes high. This area was identified as the microscope room, which doubled as the specimen pick-up room. Staff identified the refrigerated storage unit that houses the deceased as too small. Bodies are kept in the storage unit until the next of kin are found or until all avenues to find them are exhausted. During our visit we were told the cold storage unit was close to capacity. The Coroner has numerous vacant positions. The Coroner assured the Grand Jury that he is attempting to hire staff, and the available jobs were posted on the Internet. A review of the Coroner’s website has shown only an availability for a registered nurse. No other jobs had been posted, to our knowledge, although vacancies still exist. A report indicates the Coroner has 76 authorized positions, with 65 of those positions filled (January 2001). Nine contract positions were authorized, with six filled; 13 Public Service Employee positions, with one filled. Two Extra Help positions were not filled. This totals 100 authorized positions, with only 72 filled. The Public Administrator/Guardian/Coroner has a warehouse where the estates (furnishings, personal belongings) are stored in “Lots”. The 1999-2000 Grand Jury recommended a computer program to link personal property by “Lot” numbers. At that time the department utilized a manual system to account for personal property in the warehouse. The Coroner’s response was that this is a common practice in many Public Administrator and Public Guardian jurisdictions throughout the state. The 1999-2000 Grand Jury also recommended two storekeepers sign Estate Property Inventory sheets. The Coroner agreed and assured the 2001-2002 Grand Jury that both storekeepers sign these forms to verify the recording of inventories received. Two employees were not available at the warehouse. Currently one employee is retired and one employee is off on disability. Although another employee had been hired, the employee was not present during our visit on March 5, 2002. The warehouse storage area is crowded. Estate properties of the deceased are brought to the warehouse and kept until a disposition is decided or the next of kin is found. Individual storage areas are separated by cardboard dividers, which can fall out and do not allow for adequate separation of “Lots”. The estate property stored in this area is of some value. There was no camera in the warehouse to provide for security. This type of storage does not protect the valued interests of the inventoried estates managed by the staff. The Coroner stores hundreds of legal records of deceased persons in the warehouse. When questioned on the disposal of these records, the response was that they are kept indefinitely. No computer database is available to store those records currently stored in boxes in the warehouse. The Coroner identified a need for a bar code system to categorize the deceased and their property. The present system requires the tagging of the deceased, listing of their property by hand in an inventory, and the signature of two employees to verify the accuracy of the inventory. This need has been addressed for several years. The use of a bar code system for the Coroner, similar to one used by the Sheriff was researched. On a visit to the Sheriff’s Forensic Science Lab the Grand Jury was advised the Sheriff’s bar code system was old and barely meeting their needs. A request was made to the warehouse employee for his policy and procedure manual. He indicated there is no policy or procedure manual and there has not been one for as long as he has worked this area. An employee was asked to explain how he keeps the inventory records and what is required. The signatures of two warehouse employees are required. An ink stamp format is used. This inked area is to be dated and signed. Inventories for properties were noted to have no stamp, a stamp with no signature, no date, or a date six months after the property was received. Many inventory sheets had only one signature. The warehouse has a large safe that is used for personal property of value (i.e., handguns and rifles). The warehouse employee holds the combination. In the past this storage safe has been a significant problem. Inventory sheets for firearms were reviewed and many problems were noted. Firearms were recorded with the name of the deceased, serial number, type of firearm, and date received. The disposition column of this firearm record had written “Picked-up”. There was no signature of the person the gun was given to nor was there a signature of the employee that released the property. Several entries had written “taken to Glen Helen for destruction.” Again, no signature, receipt or badge number. The estate property held in the warehouse is kept until all means of identifying next of kin are exhausted. The property is then auctioned. The property auction of the “Lot” is posted on the bulletin board in the warehouse and at the Coroner’s office to alert the public. No notices were posted on the Coroner’s Internet website. There are repeat groups of people who buy this estate property. On some occasions they will give the office a stamped self-addressed envelope and identify items of interest, with a request to be notified. The Coroner recently entered into a contract with Doctor’s Hospital Medical Center of Montclair and Loma Linda University Medical Center to allow first year interns/residents to use the Coroner’s facility for clinical observation, to commence March 1, 2002. RECOMMENDATIONS 02-109 REWRITE MISSION STATEMENTS FOR EACH DEPARTMENT/FUNCTION UNDER THE CORONER’S JURISDICTION, TO REFER SPECIFICALLY TO THAT DEPARTMENT. 02-110 REVIEW AND UPDATE THE POLICY AND PROCEDURES MANUALS FOR THE PUBLIC ADMINISTRATOR/CORONER/PUBLIC GUARDIAN-CONSERVATOR. 02-111 CREATE A POLICIES AND PROCEDURES MANUAL FOR THE WAREHOUSE. 02-112 FILL ALL VACANT POSITIONS. 02-113 HIRE ADDITIONAL WAREHOUSE STAFF TO PROVIDE TWO PERSONS ON SITE. 02-114 ACQUIRE A COMPUTER SYSTEM FOR WAREHOUSE CONTROL RECORDS. 74 02-115 ACQUIRE A BAR CODING SYSTEM FOR ESTATE INVENTORY CONTROL AND A DIGITAL IMAGING SYSTEM FOR CASE FILE STORAGE. 02-116 DEVELOP A PLAN TO EXPAND THE CORONER’S FACILITIES. 02-117 CONSTRUCT A LARGER COLD STORAGE FOR THE DECEASED. 02-118 INCREASE WAREHOUSE STORAGE SPACE FOR ESTATE PROPERTY. 02-119 PROVIDE SECURITY CAMERAS FOR THE WAREHOUSE. 02-120 POST THE AUCTION DATES ON THE CORONER’S INTERNET WEBSITE. 02-121 ESTABLISH A POLICY TO PREVENT PREFERENTIAL TREATMENT TO FREQUENT BUYERS OF ESTATE PROPERTY. PUBLIC DEFENDER BACKGROUND The Public Defender has the responsibility of representing the indigent population of San Bernardino County in court cases. The department has a $16 million annual budget, which is primarily used for personnel. The current Public Defender has held this position for two years. The office of the Public Defender handles 50,000 cases per year and has 13 offices throughout the County. The three main regional offices are Central, Desert and West End Divisions. The 2001-2002 Grand Jury visited four Public Defender’s offices: San Bernardino, Barstow, Rancho Cucamonga and Fontana. FINDINGS During an overview presentation by the Public Defender’s department, it became apparent that it was in need of assistance to more effectively manage the operation and efficiency of this office. The Public Defender handles approximately 75-80 percent of the total criminal cases in the County. For the remainder of tried cases, counsel is either contracted out or appointed (15 percent) or retained (five percent); yet the Public Defender has far fewer staff than the District Attorney. From discussions with the Public Defender, it was learned that national caseload standards dictate that if an attorney is handling only felony cases, the attorney should have no more than 150 cases per year. For misdemeanor cases, the standards call for more than 400 cases per year. Attorneys in the Public Defender’s department are commonly carrying caseloads of more than three times the national standard for felony cases, and double that of the national standard for misdemeanor cases. The new Public Defender requested a management audit, which was completed in March 2002. The Public Defender directly supervises the chief deputies who head the three divisional offices, and the Chief of Administration. All senior management functions, i.e., budgeting, personnel, communications, policy-setting and day-to-day operations are handled by the Public Defender and the Chief of Administration. This leaves the Public Defender in charge of virtually all of the details of management functions. There are no full-time managers whose sole responsibility is to oversee and organize financial, human resources, support staff, and training functions. At the time of our visit there was no written organizational plan that would outline the goals, job descriptions, policies and procedures/protocol for governing the management of this department. Some chief deputies and individual attorneys have been free to define their own job responsibilities and, to an extent, choose their own authority due to an unclear policy and procedures manual. In fact, there have been incidences of new personnel being hired without the knowledge or approval of the Public Defender. The Public Defender and his management staff do not meet on a regularly scheduled basis. Due to lack of storage space, the total spent by all offices of the Public Defender for off-site file storage is $70,000 per year. CENTRAL OFFICE In the Central office there is a shortage of County vehicles. The ratio of cars to investigators is one car for every three investigators. There is no means of communication for investigators out in the field. They have no cell phones or radios. The carpeting in the Central office needs replacement. RANCHO CUCAMONGA OFFICE The rented building currently being used for the Public Defender’s Juvenile Division in Rancho Cucamonga is too small for the department’s needs. Rent on the building is $2,134.00 a month. It is located one block away from the Public Defender’s office. It was learned that there is an opportunity to obtain some much needed office and storage space within the courthouse facility. Office space formerly occupied by the Law Library is currently vacant. Currently, four investigators are doubled-up in two offices. This office spends $477.00 per month for off-site file storage. During the Grand Jury’s visit we observed boxes of files lined up in the hallway, which is a potential safety hazard. A Chief Deputy Public Defender has looked into the issue of how much additional space is needed, the feasibility of utilizing the old Law Library space, and what could be relocated. His written report, dated March 22, 2002, was submitted to the County Administrative Office. As of the date of this report no response had been received. Upon the Grand Jury’s visit to this office it was noted that their photocopy machine was out of order. When questioned about this we were informed that there have been several attempts to repair it, but it is now beyond repair and is non-functional. This office has one full-time Spanish-speaking employee one day a week on staff to assist with Hispanic clients. There are no Asian interpreters. BARSTOW OFFICE Lack of office and storage space was observed. The front receptionist cannot always see the front desk due to the location of the telephone. To use the telephone, her back must face the front reception desk. This is a safety concern as sometimes irate clients enter the office. If the receptionist is on the phone and such a person enters, she may not notice. One attorney at this office is still working out of an old storage closet and there is no door. This means there is no privacy for the client or attorney while conducting consultations and daily business. One investigator works out of a small room that contains the library, employee break room and meeting room. Crowding is an issue here. Old files and documents are removed from the Public Defender’s offices, loaded onto trucks and stored at local rented storage units. FONTANA OFFICE The Fontana office appeared to be well organized. One Chief Deputy Public Defender supervises this office, the Chino office and the Rancho Cucamonga office. It was learned that additional attorneys are needed in this office. The felony caseload is nearly the same as the Rancho Cucamonga office, but Fontana attorneys are handling this caseload with one-third the number of attorneys that Rancho Cucamonga has. TOTAL FELONY CASES October 1, 2001 – March 1, 2002 FONTANA RANCHO CUCAMONGA 910 955 March 1, 2002 – March 21, 2002 FONTANA RANCHO CUCAMONGA 183 192 TOTAL ATTORNEYS FONTANA RANCHO CUCAMONGA 10 15.5 RECOMMENDATIONS 02-122 DEVELOP AND IMPLEMENT A DETAILED POLICIES AND PROCEDURES MANUAL TO INCLUDE JOB DESCRIPTIONS AND DUTIES FOR EVERY POSITION WITHIN THE PUBLIC DEFENDER’S DEPARTMENT. 02-123 HAVE AN ANNUAL REVIEW OF THE POLICY AND PROCEDURES MANUAL. 02-124 CREATE AN ASSISTANT PUBLIC DEFENDER POSITION TO OVERSEE FISCAL MATTERS, HUMAN RESOURCES, TRAINING AND CLERICAL STAFF. 02-125 PROVIDE INVESTIGATORS IN THE CENTRAL OFFICE WITH CAR DISPATCH RADIOS OR CELL PHONES. 02-126 REPLACE THE WORN CARPETING IN THE CENTRAL OFFICE. 02-127 APPROVE AND PROCEED WITH THE ACQUISITION OF THE OLD LAW LIBRARY SPACE AT THE RANCHO CUCAMONGA COURTHOUSE. 02-128 PROVIDE A NEW PHOTOCOPYING MACHINE FOR THE RANCHO CUCAMONGA OFFICE. 79 02-129 PROVIDE FOREIGN LANGUAGE INTERPRETING AT THE RANCHO CUCAMONGA OFFICE. 02-130 EXPAND OFFICE SPACE AT THE BARSTOW PUBLIC DEFENDER’S OFFICE. 02-131 INSTALL A DOOR IN THE STORAGE SPACE THAT IS CURRENTLY BEING USED BY ONE ATTORNEY AS AN OFFICE TO PROVIDE FOR PRIVACY. 02-132 RELOCATE THE TELEPHONE AT THE FRONT RECEPTION AREA IN THE BARSTOW PUBLIC DEFENDER’S OFFICE. 02-133 INCREASE THE NUMBER OF ATTORNEYS WITHIN THE OFFICE OF THE PUBLIC DEFENDER. SHERIFF’S DEPARTMENT COMMUNICATIONS DIVISION VALLEY CONTROL CENTER
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Additional Recommendations
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Not linked to specific findings.
R02-65:
URGE ACTION BY THE COUNTY ADMINISTRATIVE OFFICE TO GAIN THE ABILITY TO USE THE DESIGN-BUILD METHOD IN ITS CONSTRUCTION MANAGEMENT OPTIONS.
R02-66:
COORDINATE WITH THE COUNTY ADMINISTRATIVE OFFICE A REGULAR SCHEDULE (NO LESS THAN MONTHLY) FOR REPORTING AND ASSESSING THE STATUS OF THE DESIGN-BUILD SUBJECT ACTIVITY WITH LOCAL STATE ELECTED OFFICIALS AND IN SACRAMENTO.
R02-67:
BRING THE DESIGN-BUILD VERSUS DESIGN-BID-BUILD CONCEPT MATTER TO THE ATTENTION OF THE BOARD OF SUPERVISORS AT FREQUENT INTERVALS. FACILITIES MANAGEMENT DEPARTMENT BACKGROUND The main County courthouse is located on the corner of Third Street and Arrowhead Avenue in the City of San Bernardino. The Courthouse was constructed in 1926 and is listed on the National Register of Historic Places. Through the years there have been renovations and annexations to the main building. It now contains numerous courtrooms, offices for judges and secretaries, and offices for social and welfare concerns for the County. In anticipation of possible earthquake damage, the preservation of the building through structural retrofitting will commence in 2003-04. The Grand Jury had two walk-through inspections of the Courthouse. One inspection was conducted in the County Government Center, just north of the Courthouse. A review of information concerning the maintenance of the two buildings preceded each of the tours. FINDINGS Concerns of building maintenance were discussed, such as flooring and the lack of non-slip tape adhesive on the stairs and the lack of hand railings at the north and south entrances to the courthouse. There is a lack of cooling airflow in the glass-enclosed entry at the jurors’ entrance on the ground floor of the Courthouse Annex. During clear, cloudless days, the sun shining through the glass produces very high temperatures that create a sweltering, uncomfortable work environment for security guards manning the metal detectors. The Grand Jury placed two thermometers in the room and requested guards record the temperatures for a few days. Depending on the time of day, the temperatures ranged from 75 to 104 degrees (see attachment). During the winter months as well, the temperature becomes too warm on any clear day, while the Jury Room, halls and the rest of the adjacent areas are air-conditioned. On the first floor of the courthouse, adjacent to Third Street, the entrance door- locking device is gouging a quarter inch cut into the marble flooring. The lack of signs, in English and Spanish, designating a restricted area where the Sheriff’s Department buses load and unload prisoners for arraignment creates confusion with pedestrians. This area is also poorly lighted. The parking area on the northeast side of the courthouse, where the Sheriff’s Department vans and buses park, is congested leaving little room for buses to maneuver into and exit without driving onto pedestrian sidewalks. Cleanliness and sanitation in the courthouse is an ongoing problem. In the dining facility located on the first floor of the County Government Center there are cobwebs across the windows and south exit/entrance door. This condition has existed for the past ten months. The outside dining tables, chairs and cement area are often dirty. RECOMMENDATIONS
R02-68:
INSTALL NON-SLIP TAPE TO EACH STEP ON ALL STAIRWAYS, RAMPS AND ENTRANCES OF THE CENTRAL COURTHOUSE, AND REPLACE THEM WHERE NEEDED.
R02-69:
INSTALL HAND RAILS ON THE STAIRS LEADING TO THE NORTH AND SOUTH ENTRANCES INTO THE COURTHOUSE.
R02-70:
INSTALL A COOLING SYSTEM IN THE SECURITY CHECK AREA AT THE JURORS’ ENTRANCE TO THE COURTHOUSE ANNEX BUILDING.
R02-71:
INSTALL SIGNS IN ENGLISH AND SPANISH TO BETTER INFORM THE PUBLIC THAT THE SECURITY AREA AT THE NORTHEAST CORNER PARKING LOT OF THE COURTHOUSE IS RESTRICTED.
R02-72:
UPGRADE LIGHTING IN THE NORTHEAST COURTHOUSE PARKING LOT.
R02-73:
RESTRICT PARKING IN THE NORTHEAST COURTHOUSE PARKING LOT TO PERMIT BUSES TO ALWAYS HAVE EASY ACCESS WITH THEIR RIGHT EXIT DOORS CLOSE TO THE PRISONER ENTRANCE TO THE COURTHOUSE.
R02-74:
CLEAN AND MAINTAIN, ON A REGULAR BASIS, ALL FLOORS OF THE COURTHOUSE.
R02-75:
CLEAN THE DINING FACILITY IN THE COUNTY GOVERNMENT CENTER, INCLUDING THE WINDOWS AND OUTSIDE EATING AREA, ON A REGULAR BASIS. Attachment TEMPERATURE READINGS FOR THE JURY ASSEMBLY ROOM ENTRANCE AT THE SAN BERNARDINO CENTRAL COURTHOUSE August 16 – 22, 2001 7 a.m. 8 a.m. 9 a.m. 10 a.m. 11 a.m. 12 p.m. 1 p.m. 2 p.m. 3 p.m. 4 p.m. THURS. #1 N/A N/A 85 90 94 104 100 100 100 94 8/16/01 #2 N/A N/A 80 87 90 90 95 92 89 89 FRI. #1 78 82 88 90 94 98 98 98 100 90 8/17/01 #2 78 80 84 89 90 92 92 92 88 90 MON. #1 78 82 86 92 90 95 96 96 96 85 8/20/01 #2 78 80 83 90 90 90 90 96 87 85 TUES. #1 75 75 80 85 90 90 93 93 95 90 8/21/01 #2 75 75 80 85 88 88 90 89 90 85 WED. #1 75 76 80 85 88 90 92 90 95 88 8/22/01 #2 75 75 80 85 85 87 88 88 85 86 #1 - Thermometer located by front entrance #2 - Thermometer located by Jury Assembly Room entrance 49 FLEET MANAGEMENT DEPARTMENT BACKGROUND The Fleet Management Department is responsible for maintaining all vehicles and heavy equipment in the County. It is composed of the Fueling Station, Garage, Fabrication Shop, Motor Pool, Tire Shop, Welding Shop and Parts Department. Portions of this report contain information that was detailed in audit reports by the Internal Audits Division of the Auditor/Controller-Recorder’s office, from April 1994 and June 2000. The Fleet Management Department makes recommendations to the Board of Supervisors for setting rate structure as it relates to vehicle depreciation costs, maintenance expense, fuel, replacement costs, and insurance as regulated by the County Risk Management Department. The County is self-insured. User fees are charged on each vehicle. These fees are used for repairs and for replacement costs, when required, through department policies and procedures. FINDINGS REFUELING STATIONS The main refueling station is located in San Bernardino. There are three fuels used for vehicles: gasoline, compressed natural gas (CNG), and diesel. There are 21 other satellite stations that only service County vehicles. Not all fueling stations have all three types of fuels for dispensing. The refueling station in Rancho Cucamonga has been closed for two years. The department director has intentions of reopening this facility for the availability of CNG, gas and diesel fuels. The Motor Pool now maintains 22 vehicles that operate on CNG, and more vehicles in the County fleet will be using CNG in the future. GARAGE The Garage has the responsibility for providing maintenance and repairs for all County vehicles, which are noted by the driver of the vehicle, including heavy equipment such as trucks and other mechanical machines such as snow plows and tractors. Containers of liquid chemicals were observed in and around the maintenance area. The substances in the containers could not be identified. There were containers with oily rags located in the work area, but there were no markings on the cans identifying the contents. The parts cleaning sinks were dirty. FABRICATION SHOP The Fabrication Shop is comprised of several areas whose function is to replace or fabricate vehicle parts and motorized equipment products that are needed by maintenance areas in the County. They also perform maintenance on all heavy equipment. The shop personnel are constructing a new apparatus on a heavy truck frame for use in painting various configurations of lines on roadways. If proven in the field, this machine will outperform any other apparatus of its type available in the country. This equipment will be able to paint lines at the rate of 22 miles per hour. The Fabrication Department has also developed a device that will be used for the decontamination of individuals who come in contact with hazardous materials. The device has been tested and the results are that the system works very well. There are plans to manufacture three more of these devices for the County. MOTOR POOL The Motor Pool currently has 275 vehicles on which maintenance costs have exceeded their purchase price. This is 18 percent of the Motor Pool fleet. The following examples show vehicles whose maintenance costs have exceeded their purchase price, as noted in the Year 2000 audit, and have not been corrected. Vehicle #20064 Purchase Price: $16,287.00 Maintenance Total: $29,117.00 Vehicle #01449 Purchase Price: $11,754.00 Maintenance Total: $33,863.00 Vehicle #15140 Purchase Price: $18,889.00 Maintenance Total: $80,601.00 51 Approximately 60 percent of the fleet should have been replaced with new purchases. The Fleet Management Department policy states, in part, “Vehicles should be replaced every six or seven years depending on type of vehicle.” Management does not follow its own written procedures. There are numerous vehicles where adequate amounts of vehicle user fees have been collected. However, the Motor Pool continues to charge the fee. TIRE SHOP The Tire Shop repairs and replaces tires on all County vehicles. The tires range in size from compact vehicles to trucks and heavy equipment. There is no system currently in use to track individual tires coming into County inventory, where they are used on the fleet, or when they are discarded. WELD SHOP The Weld Shop was clean and appeared to be adequately maintained. There were no screens to prevent other employees around the area from exposure to ARC burns. PARTS DEPARTMENT Records are not kept on costs of spare parts when dispersed to various departments. Since records are not maintained, costs of parts cannot be tracked. Fleet Management has begun an annual review of its operations manual. The review revealed deficiencies that may be present within the operations of the department. The Fleet Management Department does not routinely review and cancel receipts or invoices for petty cash disbursements. This practice allows for the paying of the same receipt two or more times. There is no method of determining the number of times an account has been paid. There is no compliance with the County Standard Practice Manual, “Internal Controls and Cash Manual.” The internal audit of June 2000 revealed that many of the vouchers paid through petty cash did not have an authorizing signature. The department maintains two $500 petty cash boxes; one in the Garage and one in the Parts Department. The cash box maintained by the Garage has been routinely kept in an unsecured condition. There are no keys for the lock. There has been no attempt to replace the keys. The Grand Jury inquired about a petty cash loss of $500 that was revealed by the Auditor/Controller-Recorder’s office. A follow-up by the Auditor’s office of the deficiency six months later revealed the problem had not been corrected. In fact, the Interim Director did not know about the missing money. The money has since been returned. The Business Office is not consulted before transactions occur. The Business Office is responsible for maintaining finances of the department and can provide input on financial decisions. SAFETY CONCERNS The Grand Jury’s inspection of the Fleet Management Department indicated that insufficient emphasis is placed on safety practices in the work area. At the time of the initial tour of all areas, no employee asked could say when the last safety meeting was conducted. Also, there were no posters or signs reminding employees to be cautious, use eye protection, and respect the dangerous areas around machinery. In the area of the grinders, there was an extreme amount of dust. It appears that face shields in these areas have not been cleaned in several months. It was evident that eye protection is not being used. The yellow caution lines around dangerous equipment are partially missing, or non-existent. Fire extinguishers were hanging in several areas that could not be quickly accessed because machinery or other items were blocking the way. There is a fire sprinkler system 40 feet above the floor of the Garage building. When asked, no one knew when the pressure had ever been checked. Just below it is an electrical crane that runs the length of the building. RECOMMENDATIONS
R02-76:
LOCATE AND LABEL ALL CONTAINERS THAT STORE INFLAMMABLE MATERIALS.
R02-77:
ADOPT TRUCK PAINTING APPARATUS.
R02-78:
ADOPT DECONTAMINATION DEVICES.
R02-79:
REPLACE ALL VEHICLES THAT HAVE HAD EXCESSIVE REPAIRS.
R02-80:
DEVELOP A TRACKING SYSTEM FOR INVENTORYING TIRES.
R02-81:
FOLLOW THE DIRECTIVES STATED IN THE COUNTY STANDARD PRACTICE MANUAL REGARDING CONTROLS AND CASH. 53
R02-82:
REVIEW ALL VOUCHERS PAID THROUGH PETTY CASH. DETERMINE WHICH VOUCHERS HAVE BEEN PAID MORE THAN ONCE AND REGAIN LOST FUNDS.
R02-83:
ENSURE AN ACTIVE SAFETY PROGRAM IS IMPLEMENTED FOR ALL AREAS OF THE FLEET MANAGEMENT DEPARTMENT.
R02-84:
REQUIRE USE OF SAFETY PROTECTION EQUIPMENT IN ALL SHOPS.
R02-85:
REQUEST THE COUNTY FIRE DEPARTMENT CONDUCT AN INSPECTION OF ALL SHOPS AND OFFICES, FOR PROPER FIRE PREVENTION EQUIPMENT.
R02-86:
INSTALL WELD SHOP AREA ARC SCREENS.
R02-87:
ALL AREAS USED BE CLEANED AFTER EACH JOB. PURCHASING DEPARTMENT BACKGROUND The Purchasing Department is responsible for the acquisition of equipment, services and supplies used by all County departments and Board-governed special districts. There are four divisions that are under Purchasing: Procurement, Printing, Mail Services, and Central Stores. All divisions provide services for the entire County. (cid:1) The Procurement Division’s mission is to obtain the best value for each dollar expended and to uphold the publics trust in an open and honest environment. This includes all functions that pertain to obtaining supplies, services or construction, selection and solicitation of sources, preparation and awarding of contracts, and all phases of contract administration. (cid:1) The Printing Division manages and stocks the four copy centers countywide. It provides printing services for publications printed for County departments. (cid:1) The Mail Services Division provides a centralized mail processing service for all County departments, including processing incoming/outgoing mail, distributing interoffice mail and providing automated mail services. (cid:1) The Central Stores Warehouse acknowledges receipt of, accounts for, then provides storage and/or delivers supplies ordered by County departments. The warehouse maintains a large supply of routine office supplies that are required on a day-to-day basis. In addition to the receiving area, there is a processing area for products ordered through Purchasing’s new “Office Depot” Internet requisition service. FINDINGS PURCHASING DEPARTMENT Purchasing has the authority to purchase on its own for services up to $25,000. This purchasing level has been the standard for many years. However, the Purchasing Director has continually pursued the Board of Supervisors to allow Purchasing to have higher final approval for procurements and contracts from $75,000-$100,000, which is lower than the amount that the 2000-2001 Grand Jury recommended in its findings. According to the latest results of a completed Countywide Procurement Survey requested by the Board and conducted during the summer of 2001, 76 percent of County department respondents agreed that the competitive service contracts level should be from $75,000 to $100,000 required for Board approval, rather than the current $25,000. For non-competitive, 58 percent decided $25,000 to $50,000 as the amount over which Board approval would be required. Under current County regulations, non-competitive procurement of commodities over $25,000 requires Board approval. There is no limit for the procurement of commodities under State law. When asked at what level Board approval should be required, only ten percent (10%) of responding departments chose the $25,000 level. Most departments (47%) thought the level should be $50,000 to $75,000, and the remainder (42%) thought the level should be $75,000 to $100,000 or higher. A chart that compares this County’s purchasing approval levels with four other California counties was researched by the 2000-2001 San Bernardino Grand Jury and is included as Exhibit A. Presently, with the current authorized approval levels, the waiting period that is required for Board approval on procurement requests is four to six weeks. In addition, the Board maintains a typical waiting period for approximately 75-100 procurement requests that require their approval at any given time. Finally, if an “urgent” procurement or contract were required, the delay for Board approval is approximately ten (10) business days. The current approval levels simply create an enormous backlog of requests that require Board approval. Those requests that are not approved at one Board meeting are carried over to the next one, and a subsequent delay of five business days is created, which multiplies per procurement request significantly. The Board has functioned in this same methodology for numerous years, as past Grand Jury reports have indicated. The Grand Jury suggests that now is the time to give the County Purchasing Department, which recently received nationwide acknowledgment in being awarded the “National Purc hasing Institutes 6th Annual ‘Achievement of Excellence Award in Public Procurement”, the authority to approve procurements and services at a level over its current authorization. MAIL SERVICES DIVISION The Mail Services Division currently encompasses 5,000 square feet of space and requires an additional 2,800 square feet for its Mail Courier section. Presently, there is no available place to expand the Mail Services section within the current building, other than constructing a new warehouse or acquiring a portable module that could be erected at the rear of the Rialto Avenue site. Purchasing is currently pursuing a grant as a Capital Improvement Project (CIP) for this acquisition. The grant will only provide a portion of the funding that is needed. The Purchasing Director has also indicated that a request for an additional 2,800 square feet of space will be requested in the 2002-2003 budget and then utilized for a portable module. Research is presently being conducted by Purchasing toward this proposal. CENTRAL STORES WAREHOUSE Purchasing’s Central Stores Division comprises the majority of the space at the Rialto Avenue warehouse. It provides storage space for regularly used office supplies, as well as goods that are ordered through Purchasing’s “Office Depot” Internet requisition system. These goods are delivered to the Central Stores warehouse, accounted for, and then delivered to the appropriate County department. There are numerous tenant departments who also share the warehouse. These include Surplus Property and the Coroner’s Public Administrator. The Surplus Property Division stores and disposes of surplus property that results when County departments replace office property. Surplus Property receives chairs, computers and printers, adding machines and copiers, etc., whenever departments upgrade their similar property. Surplus Property currently conducts two sales of surplus property per year. These sales take about two months each to arrange. Due to the volume of surplus property stored in and behind the Central Stores warehouse, it appears that two sales are not sufficient. They also organize distribution of surplus property to pre-qualified, non-profit charity organizations. Surplus Property rents out storage space to any County department that needs such space. They currently have missile parts from the County Museum stored inside, as well as outside behind the Surplus Property warehouse. This storage space encompasses approximately 10,600 square feet. The spaces where Central Stores and Surplus Property divisions reside now equal approximately 45,000 square feet. Central Stores occupies approximately 25,000 square feet and Surplus Property takes up the remaining 20,000 square feet, as noted in the diagrams of Exhibits B and C. Of the 10,600 square feet that Surplus Property maintains behind its warehouse, only 10,000 square feet is partially covered. The covered area’s sides are open and not protected from the elements. Some of the property stored here, such as old filing cabinets, stand up pretty well to inclement weather, however the fabric dividers/partitions placed outside the covered area do not. With the current configurations of the Central Stores/Surplus Property triple-tiered shelving units and warehouse diagrams, it appears that their configurations take up more space than is really necessary, as noted in the Exhibits. However, for both divisions to reconfigure their current layouts would require an enormous amount of time, which they don’t have since they only work one shift. In addition, the end result would only be an extremely minimal acquisition of extra space and not really worth any effort. Thus, the Grand Jury believes that since no sufficient space would be realized for any other warehouse tenant to expand, the County needs to construct a new warehouse addition where all tenants could expand. There is a gated storage area that Surplus Property also maintains, behind the Coroner’s Public Administrator tenant area. The Grand Jury suggests that once the IMAX theater system (which currently takes up 90 percent of available space) is removed, 57 Surplus Property notify the Auditor that an approximate 8,000 square feet is now available for either Central Stores or the Coroner to expand. Currently, the area authorized to the Coroner by the Auditor is also shared by Welfare Services. The Grand Jury was informed recently that each tenant has the opportunity to requisition additional space from the Auditor, but no tenant has done so to date, to our knowledge. COMMENDATION THE 2001-2002 SAN BERNARDINO COUNTY GRAND JURY COMMENDS THE PURCHASING DEPARTMENT FOR RECEIVING ONE OF THE NATION’S HIGHEST PROFESSIONAL HONORS: THE 6TH ANNUAL “ACHIEVEMENT OF EXCELLENCE IN PUBLIC AWARD FOR 2001 FROM THE NATIONAL PURCHASING INSTITUTE. RECOMMENDATIONS
R02-88:
AUTHORIZE THE PURCHASING DEPARTMENT TO HAVE APPROVAL AUTHORITY FROM $50,000 TO $75,000 ON COMMODITIES; FROM $75,000 TO $100,000 ON SERVICES; ON COMMODITIES UNDER $500 WITHOUT SECURING COMPETITIVE BIDS; AND ON COMPETITIVE SERVICE CONTRACTS FROM $75,000 TO $100,000.
R02-89:
INITIATE FOUR SALES OF SURPLUS PROPERTY PER YEAR, INSTEAD OF THE CURRENT TWO SALES AND ACQUIRE TEMPORARY PERSONNEL TO ASSIST IN THE SALES. THIS QUARTERLY ACTION WOULD GREATLY REDUCE THE VOLUME OF SURPLUS EQUIPMENT THAT IS CURRENTLY MANAGED, WITHOUT TAXING THE PRESENT PERSONNEL.
R02-90:
CREATE AND CONDUCT AN ANNUAL REVIEW OF ALL STORAGE SPACE RENTED OUT TO COUNTY DEPARTMENTS. THIS WOULD REMIND DEPARTMENTS OF PROPERTY CURRENTLY BEING STORED TO DETERMINE IF CONTINUED STORAGE IS REQUIRED, AND TO DISCUSS FUTURE SOLUTIONS.
R02-91:
THE SURPLUS PROPERTY DIVISION, UPON REMOVAL OF THE IMAX THEATER SYSTEM, ALERT THE AUDITOR THAT THIS EXTRA SPACE IS AVAILABLE.
R02-92:
ORIGINATE A SURPLUS PROPERTY DISPOSAL PLAN THAT WOULD ULTIMATELY DESIGNATE WHEN THE SURPLUS PROPERTY DIVISION COULD FINALLY DISPOSE OF STORED SURPLUS PROPERTY. 58
R02-93:
TEAR DOWN THE OUTSIDE COVERED 10,000 SQUARE FOOT STORAGE AREA BEHIND THE CENTRAL STORES WAREHOUSE, AND CONSTRUCT A NEW STRUCTURE OF SIMILAR 45,000 SQUARE FOOT WAREHOUSE. THIS ACTION WOULD NOT ONLY CREATE ADDITIONAL STORAGE SPACE, IT WOULD PREVENT DAMAGE OF OUTSIDE SURPLUS PROPERTY. ADDITIONALLY, IT WOULD ALLOW MAIL SERVICES TO EXPAND WITHOUT THE ADDED EXPENSE OF PROCURING A 2,800 SQUARE FOOT PORTABLE MODULE. 59