San Bernardino County Grand Jury
2007-2008
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)
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Findings & Recommendations
1 findings
F1:
The facilitation of new and higher paying jobs within the county, 2. The expansion, growth, development and retention of small businesses, and 3. The enhancement of international marketing and trade. The mission of the Legislative Liaison Department is to assist San Bernardino County by developing and supporting legislation that is beneficial to the county. FINDINGS While travel and miscellaneous expenditures may be reasonable costs in the attainment of mission goals, they must be carefully planned and executed. During the investigation, the Grand Jury found a lack of written expenditure guidelines for achieving those project goals. Following are examples, in excess of a quarter of a million dollars total, which the Grand Jury questions as to the effective rate of return for county taxpayers, because the expenditures do not seem to be part of a cohesive, objective- directed strategic plan. ECONOMIC DEVELOPMENT DEPARTMENT (EDD) Expense Expenditure 1 Corenet Global Summit – Orlando, FL $ 8,825.31 2 attendees and presentation booth Payment requests to Auditor/Controller 11/06-2/07 2 Promotional Items – EDA Business Golf Tournament $ 2,422.23 Payment request to Auditor/Controller 10/06 3 Interviewee for Director of Economic Development $ 718.70 Paid for travel for one person Payment request to Auditor/Controller 6/06 4 Corenet Conference – Philadelphia, PA $15,854.55 4 attendees and presentation booth Payment requests to Auditor/Controller 3/06-5/06 5 International Council of Shopping Centers Conference - Las $42,552.14 Vegas, NV 11 attendees, includes some elected officials, staff members and key department heads Payment requests to Auditor/Controller 3/06-6/06 6 Virtual One Stop Training Conference - Clearwater, FL $ 3,698.79 2 attendees Payment request to Auditor/Controller 5/06 7 National Rapid Response Conference - St. Louis, MO $ 3,497.41 2 attendees Payment request to Auditor/Controller 5/06 8 NACO Conference - Washington, DC $49,500.99 11 attendees, some elected officials and staff Payment requests to Auditor/Controller 2/06-3/06 9 NACO Legislative Conference - Sacramento, CA $ 5,443.36 15 attendees, some elected officials and staff Payment request to Auditor/Controller 2/06 10 Air Freight Asia 2006 Conference – Shanghai, China $ 1,745.21 1 attendee Payment request to Auditor/Controller 2/06 11 Environmental Assessment Workshop – Los Angeles, CA $ 1,602.81 4 attendees Payment request to Auditor/Controller 3/06 12 CSAC Conference – Sacramento, CA $ 6,653.33 3 attendees and hospitality suite Payment request to Auditor/Controller 3/06 13 Limousine Service – Orange, CA $ 503.55 Payment request to Auditor/Controller 12/06 14 Men’s Warehouse – San Bernardino, CA $ 284.33 Payment request to Auditor/Controller 12/06 15 International Council Shopping Centers – Western Division $ 3,610.88 Conference – San Diego, CA 13 3 attendees and business dinner Payment request to Auditor/Controller 10/06 16 Building Industry Association – Rancho Cucamonga, CA $ 1,250.00 Table of 10 (attendees) – Installation dinner and awards Payment request to Auditor/Controller 10/06 17 At International Council Shopping Centers Conference – $ 9,623.66 San Diego, CA (September 2007) 2 attendees stayed at US Grant Hotel 1 attendee stayed at Sheraton Payment request to Auditor/Controller 10/07 (why did they not all stay at the less expensive Sheraton?) 18 Corenet Global Summit – Denver, CO $12,723.60 2 attendees and presentation booth Payment requests to Auditor/Controller 4/07-5/07 19 40” TV for EDA Director’s monitor $ 1,453.83 Payment request to Auditor/Controller 8/07 20 Economic Development Advisory Council – Flemings $ 2,531.29 Steakhouse – Rancho Cucamonga, CA 17 attendees – cost per attendee $148.90 Payment request to Auditor/Controller 8/07 21 Economic Development Advisory Council – Flemings $ 2,641.74 Steakhouse – Rancho Cucamonga, CA 18 attendees – cost per attendee $146.76 Payment request to Auditor/Controller 4/07 22 Lunch meeting with employee – San Bernardino, CA $ 22.88 2 attendees (why do taxpayers pay for lunch in San Bernardino?) Payment request to Auditor/Controller 8/07 23 International Council of Shopping Centers Conference – Las $44,687.69 Vegas, NV 16 attendees, includes some elected officials, staff members, and key department heads Payment requests to Auditor/Controller 4/07-5/07 24 Investigative Reporters and Editors Conference, Phoenix, $ 2,708.43 AZ 1 attendee Payment request to Auditor/Controller 5/07 25 Interviewee for Director of Community Development and $ 1,366.50 Housing Paid for travel for one person being interviewed Payment request to Auditor/Controller 5/07 Note: individual has since left county employment 26 Two Classes (over 7 days) – San Diego, CA $ 2,446.32 a. Governmental Financial Management and Control b. Governmental Accounting, Financial Reporting and Budgeting 14 1 attendee Payment request to Auditor/Controller 4/07 LEGISLATIVE LIAISON DEPARTMENT Expense Expenditure 27 California State Association of Counties 113th Annual $18,679.92 Conference 11/13/07 through 11/16/07 – Oakland, CA 6 attendees Payment requests to Auditor/Controller 10/07 – 11/07 28 NACO Conference – Washington, DC $ 9,967.19 3 attendees Payment request to Auditor/Controller 3/07 NOTE: Attention should be directed to the following points: (cid:120) Amounts expended – examples 4, 5, 8, 23, 27 (cid:120) Location of conferences – examples 1, 4, 18 (cid:120) Number of attendees at conferences – examples 5, 8, 9, 20, 21, 23 (cid:120) Purpose or effectiveness of all example expenditures As it is difficult for taxpayers to determine the value of these expenditures to the county in general, and to themselves in particular, the Grand Jury would make the following recommendations.
Additional Recommendations
13
Not linked to specific findings.
R08-01:
Review Executive Support staff requirements in the Assessors Office for potential consolidation of positions to increase efficiency.
R08-02:
Reclassify Operations management positions to civil service protected.
R08-03:
Enact policy that requires competitive bidding for consulting services.
R08-04:
Revise the education reimbursement policy to limit discretionary reimbursement for exempt employees. It is ambiguous and open to broad interpretation. Require employees receiving tuition assistance while working towards a college degree, guarantee the county that they will remain in its employ for a fixed period after graduating.
R08-05:
Enact policies for separation agreements of County employees that link the length of employment with terms of severance.
R08-06:
Require that County email system have automatic firewalls in place to preclude all political email from being accessed on the County email system and equipment. AUDITOR/CONTROLLER-RECORDER AND PURCHASING DEPARTMENT CREDIT CARD PROCEDURES AND CONTROLS WITHIN THE SAN BERNARDINO COUNTY SYSTEM BACKGROUND During this year’s Grand Jury term, there have been many public concerns regarding the use of credit cards within the San Bernardino County system. The popular refrain has been that credit card utilization could foster misuse of county funds. Consequently, this Grand Jury has opted to examine the controls and policies in place for use of county credit cards.
R08-07:
At the time the EDA and Legislative Liaison budgets are established, a “Plan, Justification and Implementation Report” should be generated for each project (each conference, show, class or trip should be an individual project).
R08-08:
For ease of tracking, each project should be assigned a case number. This case number should be used on all documentation pertaining to that project.
R08-09:
The total of attendees to conferences, shows, classes or trips should be limited to only the most cost-effective number (see examples 5, 8, 9, 20, 21, 23 and 27). The Grand Jury questions the value to taxpayers of the numbers of officials and employees attending some of the above noted functions.
R08-10:
The relevance of the location of the conference to San Bernardino County must be taken into account (see examples 1, 4, 6, 7, 10 and 18). 15
R08-11:
The type of conference or class should return value to the county for tax dollars invested. Therefore, both EDD and Legislative Liaison proposed spending should be examined closely during the annual budget preparation process. Proposed expenditures should be justified on a “return on investment” basis.
R08-12:
Once the project is completed, a “goal attainment” report should be filed with the Board of Supervisors. The report should reiterate the strategic or tactical objective of the project, the cost, number of persons attending, if the goal was accomplished, or if not, corrective action to be taken, and finally, the value of the project to the county and the taxpayers.
R08-13:
As examples 5, 8 and 23 illustrate, elected officials attend some of these conferences. In order to provide clarity to the taxpayers for such expenditures, the Grand Jury recommends that all county elected officials file a quarterly “Expense Accountability Report.” This report would be comprised of “overnight travel” expenses and “out of state” travel expenses, with appropriate justification. These reports should be presented to the public as part of the Board of Supervisors’ agenda. 16
Findings & Recommendations
6 findings
F1:
Repair, replace back stairs
Related Recommendations (1)
R1:
Project sales and contracts proposed during delegation.
F2:
Electrical – light over sink and light switch
Related Recommendations (1)
R2:
Actual sales completed to date.
F3:
Plumbing problems such as leaking faucets, front toilet
Related Recommendations (1)
R3:
Has your company increased the number of employees as a result of the trip? If so, by how many?
F4:
Smoke detector The applicant was informed by the technician that the smoke detector is higher priority, because it is a safety issue. The applicant was informed of other agencies that may be able to help obtain additional benefits. It was verified that the second applicant also met the requirements to participate in the program. The work that was being requested was as follows:
Related Recommendations (1)
R4:
Are you still generating sales from the contacts you made through the trade delegation? If so, amount of sales from January 2007 through June 2007.
F5:
Repair, replace window cranks
Related Recommendations (1)
R5:
Do you consider the trade delegation a success? Please explain your answer.
F6:
Smoke detector The same information was shared with the second applicant, as had been the first. For example, the smoke detector was a safety issue and would be a higher priority. The applicant became aware of the program because of work done at an acquaintance’s home. Both applicants were informed of a waiting period before work could be done, which is approximately four to six weeks. The Grand Jury next accompanied the field supervisor to inspect two homes where the work had been completed. The first home had the following work done: 20 2007-2008 San Bernardino County Grand Jury Final Report
Related Recommendations (1)
R6:
Would you participate in future trade delegations? Please explain your answer. Please attach additional pages if necessary. This document is held in confidence. Thank you for your response. 2007-2008 San Bernardino County Grand Jury Final Report Attachment C Summary of Dr. Levitt’s Recommendations (cid:120) Purpose statements be developed and publicized from perspective of both the county and its delegates. ( ) (cid:120) Delegates be recruited explicitly for facilitating business growth for the county. Match making be done to expand exports and SBEDA should develop relationships with the municipal governments to insure their appropriate match. ( ) (cid:120) Clear and direct statements be translated to Chinese, and from Chinese to English for their partners. Statements written would become basis for selection for trip. ( ) (cid:120) Supervisors have a separate schedule to meet local Chinese government officials to promote long-term business growth in San Bernardino County. ( ) (cid:120) Use of consultants be focused and minimized. Any consultants, travel agents, etc., used should be located in the County of San Bernardino if possible. ( ) (cid:120) Pre-mission surveys focus on desired goals and be translated to Chinese. Post surveys may still cover travel questions, but should be expanded to obtain what was learned. These surveys serve as a base for future surveys conducted weeks/months later to determine actual goal accomplishments. ( ) NOTE: Permission has been granted by Dr. Levitt to include a copy of her 2007 China Trade Mission evaluation in this report. Attachment D
Additional Recommendations
8
Not linked to specific findings.
R08-14:
Reconsider the amount available for the Senior Home Repair Program from $5,000 to $7,500 in order to qualify more people for the program.
R08-15:
Improve current application procedures to identify applicants that do not meet the program’s requirements.
R08-16:
Review the necessity of routinely sending two-man teams to each project. 22
R08-17:
Adopt Dr. Levitt’s recommendations to improve and enhance the China Trade Mission, and continue to act as a consultant to assist the County in implementing her recommendations. (See attachment for specific recommendations)
R08-18:
SBEDA Administrator needs to be accountable to the County Administrative Officer.
R08-19:
Allow a maximum of two elected officials with one staff member each to accompany any Trade Mission.
R08-20:
Match the participating businesses with their foreign counterparts.
R08-21:
Hire skilled interpreters to enhance communication. 24 2007-2008 San Bernardino County Grand Jury Final Report Attachment A September 11, 2007 Name Company Address City, State, Zip Dear ______: RE: China Trade Mission, November 2006 Your company participated in the Foreign Trade Mission to China in November of 2006. The 2007-2008 San Bernardino County Grand Jury is trying to determine the effectiveness of the county’s efforts to bring additional economic growth to the county. We are asking that you take a few minutes to evaluate the trip and its result for your business. After completing the attached questionnaire, please return it in the enclosed envelope. Be advised that all information provided will be held in complete confidence. If you have any questions, please contact me at (909) 387-3820. Your cooperation is appreciated. Sincerely, GWENN PEREZ 2007-2008 Grand Jury Foreperson GP/CB/mav Attachment 2007-2008 San Bernardino County Grand Jury Final Report Attachment B Name of Company:______________________________ Date Completed:________________________________ Foreign Trade Mission – China November 2006 BUSINESS QUESTIONNAIRE 1. Project sales and contracts proposed during delegation. 2. Actual sales completed to date. 3. Has your company increased the number of employees as a result of the trip? If so, by how many? 4. Are you still generating sales from the contacts you made through the trade delegation? If so, amount of sales from January 2007 through June 2007. 5. Do you consider the trade delegation a success? Please explain your answer. 6. Would you participate in future trade delegations? Please explain your answer. Please attach additional pages if necessary. This document is held in confidence. Thank you for your response. 2007-2008 San Bernardino County Grand Jury Final Report Attachment C Summary of Dr. Levitt’s Recommendations (cid:120) Purpose statements be developed and publicized from perspective of both the county and its delegates. ( ) (cid:120) Delegates be recruited explicitly for facilitating business growth for the county. Match making be done to expand exports and SBEDA should develop relationships with the municipal governments to insure their appropriate match. ( ) (cid:120) Clear and direct statements be translated to Chinese, and from Chinese to English for their partners. Statements written would become basis for selection for trip. ( ) (cid:120) Supervisors have a separate schedule to meet local Chinese government officials to promote long-term business growth in San Bernardino County. ( ) (cid:120) Use of consultants be focused and minimized. Any consultants, travel agents, etc., used should be located in the County of San Bernardino if possible. ( ) (cid:120) Pre-mission surveys focus on desired goals and be translated to Chinese. Post surveys may still cover travel questions, but should be expanded to obtain what was learned. These surveys serve as a base for future surveys conducted weeks/months later to determine actual goal accomplishments. ( ) NOTE: Permission has been granted by Dr. Levitt to include a copy of her 2007 China Trade Mission evaluation in this report. Attachment D
Additional Recommendations
4
Not linked to specific findings.
R08-22:
Transfer the Fraud Investigation Unit out of Human Services and place it under the D.A.’s office.
R08-23:
Create a new tier of investigators that are not part of law enforcement. They would work under the Human Services Department.
R08-24:
Create and maintain a report regarding welfare fraud rate and the cost to the county.
R08-25:
Have County Counsel look into “asset forfeiture” regarding properties purchased with illegally obtained welfare money. 29
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Additional Recommendations
30
Not linked to specific findings.
R08-26:
Increase the number of Deputy Public Defenders to align with the Department of Justice’s caseload standards.
R08-27:
Institute a loan repayment program to support the recruitment and retention of qualified personnel.
R08-28:
Increase the Public Defenders investigative staff, creating a Level II investigator position. SHERIFF-CORONER CORONER DIVISION BACKGROUND The 2002-2003 Grand Jury’s report on the Coroner’s function found that the main county facility in San Bernardino was in an unacceptable condition. Bodies were stacked three or four high and an extremely bad odor existed throughout. In January 2005, the Coroner function merged into the Sheriff’s Department and the Sheriff became the Sheriff/Coroner. Under the strong leadership of the Board of Supervisors, community leaders, and the County Administrative Officer, the Sheriff/Coroner Department developed a plan to improve the Coroner function. The 2006-2007 County Grand Jury report found that progress had been made, implementing plans that the Board of Supervisors approved in February 2006. Those plans included: Seven additional deputy coroner investigators for a total of 21 Five additional autopsy assistants for a total of eight $3.5 million to remodel the morgue in San Bernardino Two service specialist positions One new pathologist and two part-time pathologists In February 2007, the Board of Supervisors approved the relocation and remodel of the High Desert Coroner’s facility. FINDINGS The Coroner’s subcommittee met with the Captain and his key assistants and toured the facilities in San Bernardino and Apple Valley. Both were clean and well organized. There was adequate refrigeration/freezer storage capacity and the autopsy stations in San Bernardino facility were in good condition. In 2006, the Coroner reviewed 9,566 reportable deaths and performed 744 autopsies. In 2008, projections indicate that 11,500 reportable deaths will be reviewed with over 1,200 autopsies. These projections show a significant increase in Coroner activity. Over the next two to three years, there will be an increased need for morgue personnel. The Coroner projects that an additional four coroner investigators, two additional autopsy assistants, and one supervisor will be needed. All autopsies are performed at the San Bernardino facility where the staff is dedicated to creating an atmosphere where relatives and friends of the deceased are 33 treated with dignity and respect. The Coroner utilizes the Riverside County Coroner for any officer involved shooting deaths, jail deaths, or other high-risk autopsies. There are significant security issues at both facilities. The High Desert facility needs a perimeter fence to secure the entire property, as it is located in a business area where traffic is able to use the driveway as a shortcut to another street. In addition, there are no outside cameras to survey the area to protect Coroner equipment and personnel. The San Bernardino facility needs a more enhanced security system that will provide a video camera, alarm and keyless entry system that will provide comprehensive protection for all equipment, evidence, and decedents at the facility. This additional security at both facilities may cost between $90,000 and $111,000. The San Bernardino morgue needs a new x-ray machine. This piece of analogue equipment is used daily for autopsies and was purchased in 1996 at a cost of $40,000. The cost to replace the existing x-ray bulb is $14,000; a new machine with basic capabilities would cost $100,000, and a new digital system with enhanced capabilities and portability would cost $225,000. With the remodel of the Coroner’s facility in San Bernardino and the increase in the number of pathologists, the Coroner is now in a position to obtain certification from the National Association of Medical Examiners. This certification will help attract qualified personnel and lend greater credibility to testimony that the medical examiner must give in legal proceedings. The cost of this certification is $3,000. San Bernardino County is the largest county in the continental United States covering an area of over 20,160 square miles with a population exceeding two million. Four major traffic arteries cross the county. The Sheriff’s Department has five deputy sheriffs who are also trained and qualified as deputy coroners. These deputies are located in Baker, Barstow and Needles. The demands on these five deputy sheriffs to cover this large area are significant. There is also a need for a new full-time deputy coroner position in Needles, which is currently served by a part-time employee. In 2007, 254 death investigations were conducted in the Colorado River Basin area. The Coroner contracts with four outside firms to transport bodies from outlying areas of the county. These are not county employees. While economical, this procedure could expose the county to potential legal risks. These providers need to be closely monitored and controlled. COMMENDATION The 2007-2008 Grand Jury commends the Board of Supervisors, the County Administrative Officer, and the Sheriff/Coroner for their hard work and diligence in bringing the Coroner function to a high standard of excellence. RECOMMENDATIONS
R08-29:
Appropriate funds for needed x-ray equipment and security systems. 34
R08-30:
Add five deputy sheriff’s, cross-trained as deputy coroners.
R08-31:
Reinstate the position of a full-time deputy coroner position in Needles.
R08-32:
Obtain certification by the National Association of Medical Examiners.
R08-33:
Increase morgue staffing during the next two or three years as demands increase. JAIL FACILITIES JAIL MATRIX JAIL ZIP ADDRESS PHONE COMMENTS CODE Adelanto Detention 92301 9428 Commerce 760-530-9300 This is a well run, Type II** facility Center Way, Adelanto with 706 beds and is self-sufficient. Staff includes a full-time nurse. There are plans to expand. Budgeted to include 2,074 beds by 2010. All areas clean, well staffed and safe. Barstow Station 92311 220 E. Mountain 760-256-3531 Built in 1950s but in excellent View, Barstow condition and well maintained. Big Bear Station 92315 477 Summit Blvd, 909-866-0100 This is an old Type I* facility. It has Big Bear Lake 24 beds, is very clean and well maintained. Central Detention 92415 630 E. Rialto Ave, 909-386-0969 See report on . Center San Bernardino Colorado River 92363 1111 Bailey 760-326-9200 Neat, clean, well maintained. Thirty Station Avenue, Needles beds. Glen Helen 92407 18000 W. 909-473-3616 Facility is extremely well run, very Rehabilitation Institution Road, clean and orderly. This facility was Center San Bernardino built in 1962, with the women’s facility added in 1988. Hallways and grounds are immaculate; physical plant in very good condition. Juvenile Detention 92301 21101 Dale Evans 760-961-6711 Clean, orderly, and well Center Parkway, Apple maintained. Valley Twin Peaks Station 92391 26010 Highway 909-336-0600 No longer a functioning jail - it 189, Twin Peaks housed prisoners for very limited period of time. There are no beds. It is clean and well maintained. Victorville Station 92392 14200 Amargosa 760-341-3911 Clean and well maintained. There are Road, Victorville 80 beds. West Valley 91739 9500 Etiwanda 909-463-5000 See report on . Detention Center Ave, Rancho Cucamonga * Type I facility - Can only hold prisoners a maximum of 96 hours ** Type II facility - Has a medical facility and can hold prisoners for an unlimited number of years 36 CENTRAL DETENTION CENTER BACKGROUND Central Detention Center (CDC) opened in 1971 and was the main county jail for over 20 years. Overcrowding in the 1980’s resulted in the building of the West Valley Detention Center (WVDC), which opened in 1991. CDC closed for a few years due to budgetary constraints, but eventually reopened in 1994 when the Sheriff negotiated a contract with the U.S. Marshal’s Service to house federal prisoners. Since 1994, CDC has been the primary booking facility for the police and sheriff’s stations operating in the East valley area. FINDINGS This Class II facility (has a medical facility and can hold prisoners for an unlimited number of years) averages between 70 and 80 bookings per day. It presently houses about 890-1000 prisoners and has a bed capacity of 1049. Female inmates number about 170. Of this total number of prisoners, there are about 350 federal inmates and it is the hub for the Federal Marshal’s Service. The county receives about $80 per day to handle federal prisoners. Normal bookings cost about $58. When an undocumented alien is booked, the file is flagged, but there is no Immigration and Customs Enforcement agent on site. They do have a gang recognition expert on duty and the members of specific gangs are kept apart. A staff of 7 sergeants, 54 deputies, 20 Correctional Specialists, and 39 other civilian employees handles the prison population. Excessive overtime is a constant concern. The average range of overtime in a pay period was 1800 to 1990 hours. Recently, because of cutbacks, this figure is now about 800 to 900 hours per pay period. Adding additional deputies would further reduce the reliance on overtime. The interior of the facility is linear style with long rows of cells. It is difficult to see inmates at times, and compared to the more modern WVDC, it is more labor- intensive for the guards who have to do the majority of their work by moving from one location to another just to open cells, climbing stairs to reach the upper tier. There are a total of 70 cameras mounted in the building but none are located in the cells or other areas that demand a modicum of privacy. Serious problems such as fights and/or assaults on staff are rare. The staff reportedly maintains a non-confrontational approach towards the inmates. There is generally no yelling and/or pushing an inmate and this has had a quieting effect on the jail population. There are several programs/classes offered at CDC. They have classes to obtain the GED, cooking classes, supply classes, health classes, etc. A nurse is on duty 24/7 but no doctor. Any inmate with a significant medical problem is sent to WVDC. In the past year, CDC has not had any suicides or attempted suicides, no escapes and only one assault on staff. Present staffing of deputies is 54. About 10 years ago, a study recommended a staffing of 77 deputies. The need for additional deputies is apparent. The 2008-2009 budget calls for 1 sergeant and 13 additional deputies for Central Detention Center. RECOMMENDATIONS
R08-34:
Add additional deputies to bring the staffing to an acceptable and manageable number. WEST VALLEY DETENTION CENTER BACKGROUND The West Valley Detention Center (WVDC) opened in 1991 and is a modern facility that offers state of the art services in medical, culinary, support, transportation and housing. It is the largest low-rise detention center in California and is recognized world wide as a flagship facility. The complex covers over 20 acres and presently houses approximately 3,000 inmates. This includes about 400 female inmates. The number of female inmates is on the increase in this facility, as well as most other jail facilities. WVDC is the primary booking facility for San Bernardino County and averages about 5,000 bookings per month. About 500 employees are used to manage and control the inmates during their stay. Approximately 180 sworn deputies are on 12-hour shifts each day to accommodate all security aspects of the operation. FINDINGS Although there are 3,000 beds at WVDC, the facility is not overcrowded. When overcrowding becomes a concern, there are a few programs in place to alleviate this. Own Recognizance (OR) or bail releases are used on a daily basis. Inmates can be transported to other county facilities, such as Central Detention Center, Glen Helen Rehabilitation Center, and Adelanto Detention Center. Moreover, WVDC routinely initiates a Cite Release Program, whereby they book and release inmates whose bail is $500,000 or less and their arrest was for non-violent felonies. This bail amount changes depending on jail population, and it is set by the Deputy Chief of Jails. On average, 400 inmates per month are transported from WVDC to other facilities. About 18 months ago, working with Immigration and Customs Enforcement (ICE), WVDC started a program to check citizenship on all new inmates. If an inmate is determined to be an illegal immigrant, that person’s file is flagged and when they have completed their sentence, they are turned over to immigration authorities at the ICE office in San Bernardino. There are between 200-300 flagged files at any given time. The most pressing problem this facility faces is inmate medical problems. The number of medical problems plaguing inmates has increased dramatically in the past few years. In February 2008, there were 1,210 physician appointments, 4,400 nursing appointments, and 250 inmates were transported off site for specialized medical care. A year ago, there were about 950 to 1,000 inmates seeking medical care each month. There is currently 167 health care staff, which includes doctors, nurses, assistants, etc. The medical department at WVDC is impressive. The ratio of medical staff to inmates ensures high quality medical care for the inmates. They have the capability of handling inmates with AIDS, inmates on dialysis, and those with cancer. Three to five deputies can be off the premises at any given time, accompanying inmates to local hospitals for highly specialized treatment. This is both expensive and time consuming. Inmates that commit a crime at Patton State Hospital are transported to WVDC to await the disposition of charges. Their stay at WVDC can run into months or even years. Deaths occur mainly through normal causes, but occasionally by inmate violence. The last death resulting from violence was about one year ago. Suicide threats are not uncommon, and are taken very seriously by the staff. Separation from the general population is immediate and a “suicide watch” is implemented. Inmates are checked at 15-minute intervals. There are cameras on them allowing for constant surveillance. Most suicide-watch cases last a day or two and then the inmate is released back into the general population, usually at the request of the inmate. Staffing is a constant concern at WVDC. The facility is short about eight deputies on a daily basis. Excessive overtime is paid because of the staffing deficiency. The average amount of overtime during a pay period was 6,000 hours, but has lowered to 3,300 hours per pay period. Overtime is voluntary and the deputies request overtime by signing up ahead of time. West Valley Detention Center is located in a rather remote area far removed from public transportation. When an inmate is released from custody, there is no provision made to assist in getting transportation. Inmates are released on a 24-hour basis. If released late at night or early in the morning, they are allowed to wait in the lobby until daylight. A non-profit organization called “Restorative Justice Group” recently contacted WVDC and started a program during evening hours whereby they assist released inmates who do not have financial resources. The group provides travel assistance and travel vouchers. Health care staff insures that the inmates with mental health issues get transportation. Without the involvement of Restorative Justice, there would be no means to assist a homeless inmate. RECOMMENDATIONS
R08-35:
Hire additional deputies to bring the staffing to an acceptable number.
R08-36:
Implement a responsive release policy, initiated by the sheriff’s department, with a stronger role in release assistance. MAJOR ACCIDENT INVESTIGATION TEAM (M.A.I.T.) BACKGROUND The Sheriff’s Major Accident Investigation Team (M.A.I.T) is one of the Sheriff’s specialty investigation services. The M.A.I.T. team investigates some of the fatal traffic accidents that occur in the various contract cities, and some of the injury traffic accidents involving Sheriff’s personnel and equipment. Accidents that occur in other jurisdictions are investigated by the law enforcement agency that is responsible for enforcement in that particular area. FINDINGS M.A.I.T was called to duty 5 times (less than 20% of incidents) in 2007. There were 26 fatal accidents with 27 persons killed in Region II, not including Big Bear City, the Morongo Valley, or Needles. Statistics for Region I, which encompasses the San Bernardino-Chino-Ontario valley areas, were not available. Due to the problem of deputies being dispatched from so many places, reports are sometimes not completed in a timely manner. Region I M.A.I.T. covers the contract cities below Cajon Pass, and Region II handles all of the contract cities from Cajon Pass to the Colorado River. In unincorporated areas, the California Highway Patrol (CHP) will investigate traffic accidents. The CHP also assists the M.A.I.T. when semi-tractor trailers need an inspection. Each individual station commander selects deputies for appointment to M.A.I.T.. There is no testing procedure, and no minimum standards are required, except for training that any deputy can receive through courses approved by the California Commission for Peace Officer Standards and Training (POST). Since there is no county funding of M.A.I.T., and since any funding is dependent upon what each city can afford, the training level available to the deputies is not uniform, not advanced, and there is no continuing education requirement. Region I and Region II do not train together. Training for M.A.I.T personnel consists of the attendance of the Basic 40-hour class, the 40-hour class for skid marks (primarily the physics of sliding objects), and an 80-hour class that addresses advanced time-distance math, and an introduction to physics such as conservation of momentum and energy. Beyond these classes, there are reconstruction classes that range from 40 to 80 hours. These classes, however do not certify, or accredit an investigator as an Accident Reconstructionist; that can be done only by Accreditation Committee for Traffic Accident Reconstruction (ACTAR). There are also Special Problems In Accident Reconstruction classes, Auto-Pedestrian Crash classes, Articulated Vehicle classes, as well as other classes. M.A.I.T personnel have not attended these specialized classes except for one Hesperia detective who is not ACTAR accredited. ACTAR is an organization that was founded at the behest of the Federal Department Of Transportation (D.O.T.). D.O.T wanted to standardize, and create minimum performance standards for people who work as Accident Reconstructionists. ACTAR is comprised of police agencies, universities, engineering groups, and research scientists who have created a matrix by which Accident Reconstructionists can be accredited. The matrix consists of a six-page application, which must meet review standards, and a two-part, eight-hour test in which a candidate demonstrates his/her abilities. The San Bernardino County Sheriff has no accident investigator currently accredited by ACTAR. The Sheriff’s department has no mission statement for its M.A.I.T. division, and they have no multidisciplinary approach to investigations. The Los Angeles Sheriff uses Bio-Mechanists, and the California Highway Patrol uses highway engineers and automotive component experts, in addition to accredited Reconstructionists. Los Angeles Sheriff operates county wide out of a centralized location. The San Bernardino Sheriff’s M.A.I.T. deputies are dispatched from either their regular duties, or from home if off duty. There are no uniform software used by the various offices, and it is not uncommon for two deputies to arrive on the scene who are not familiar with the equipment used by the other deputy. There are no joint training exercises, and Region I and Region II M.A.I.T do not communicate with one another. A problem faced by supervisory personnel is the transitory nature of M.A.I.T. service. Just when the supervisors get a deputy to the point that he/she is proficient at the job, they are either transferred, or promoted. The budget does not allow for the continual specialized training of personnel. ACTAR requires a minimum of 80 hours of continuing education. The ACTAR person then either submits the proof of training, or must face re- testing. M.A.I.T has no training budget for continuing education, and has no requirement for it. The federal government has mandated that all passenger vehicles have an Event Data Recorder (EDR), a “Black Box”, after 2012, and many have had it since 1994. This device allows an investigator to plug a Crash Data Recorder (CDR) into the car’s wiring system, to determine the speed, engine speed, and condition of the brakes and seat belt. The Sheriff has some of the equipment at some stations, but they do not have any of the later modules needed to use their equipment on newer vehicles. No deputies have attended the technician or analyst courses. Due to the rapid technological developments in automobiles and accident reconstruction, several of the update classes each year must be taken by personnel. Also mandated by the federal government, is a vehicle part called an Electronic Stability Control (ESC). This reduces rollover accidents. This device, however, makes specific marks on the roadway, and an investigator must account for its use in determining a vehicle’s speed. No M.A.I.T. deputy has been ACTAR trained on this new automotive development. Articulated vehicles (semi-tractor trailer rigs) require their own accident reconstruction physics and investigation. No M.A.I.T. deputy has been ACTAR trained in articulated vehicle crashes. M.A.I.T. does have some technical equipment, which is used to make precision measurements of accident scenes. This equipment can also be used to make very precise, scale drawings of other crime scenes. The problem is that the equipment is not consistent from station to station as the software for each piece of equipment is different. RECOMMENDATIONS
R08-37:
Increase training and educational opportunities for M.A.I.T. personnel for the purpose of achieving ACTAR certification.
R08-38:
Standardize equipment, training, and software throughout the county.
R08-39:
Fund continuing education for M.A.I.T. personnel.
R08-40:
Encourage ACTAR certification for all M.A.I.T. personnel.
R08-41:
Provide M.A.I.T. investigators with multi-disciplinary specialists to consult on fatal accident investigations.
R08-42:
Use technical equipment and mapmaking skills to assist other divisions. REGIONAL GANG UNIT/SAN BERNARDINO COUNTY MOVEMENT AGAINST STREET HOODLUMS BACKGROUND SMASH (San Bernardino County Movement Against Street Hoodlums) Regional Gang Unit The San Bernardino County Sheriff's Department's Regional Gang Unit consists of two Gang Enforcement Teams. These teams operate as a countywide gang suppression effort. Each team consists of four Sheriff's Deputies, one Sheriff's Corporal, one Sheriff's Sergeant, one Probation Officer and one California Highway Patrol Officer. The teams' focus is on identifying existing and newly emerging street gangs and gang members, tracking criminal gang activities, and assisting in the prosecution of gang members. Aside from their daily operations, the teams are actively involved in assisting the Department's Homicide Division and allied agencies with gang related homicides and shootings. The County's revitalization of S.M.A.S.H. and aggressive gang suppression efforts by the San Bernardino County Sheriff's Department and local law enforcement agencies has resulted in an increased number of identified gangs and gang members. Currently, there are 719 identified active gangs and 16,000 identified active gang members in San Bernardino County. S.M.A.S.H. is a joint effort by local, state and federal law enforcement agencies to suppress criminal gang activity in San Bernardino County. S.M.A.S.H. operations target gang members that participate in criminal activities and whom have active arrest warrants and are currently on parole or probation status. Although emphasis of S.M.A.S.H. is on criminal gang activity, arrests do not reflect solely gang related crimes. Law enforcement participation in S.M.A.S.H. has increased considerably, averaging approximately 100 sworn officers per operation. S.M.A.S.H. conducts approximately one to three operations monthly, alternating between the valley and the desert areas. FINDINGS The SMASH/Regional Gang Unit is under the command of the Sheriff’s Deputy Chief in charge of the Specialized Operations Division. The Special Enforcement Division is under the direction of a Sheriff’s Captain. Deputies assigned to SMASH/Gang are hand picked and must meet stringent guidelines. New members undergo a comprehensive 40-hour training course, which includes gang histories, profiles and current updates on gangs. SMASH/Gang deputies are also members of the S.W.A.T. 44 (Special Weapons Assault Tactics) Team. Each police department in the County has an MOU (Memorandum of Understanding) with the Sheriff’s Department to provide police personnel to SMASH. This report deals primarily with gang enforcement in the Desert Region under Sheriff’s control. The Sheriff’s Special Enforcement Division Desert Regional Gang Enforcement Team – SMASH consists of one probation officer, one California Highway Patrol Officer and six sheriff’s deputies. The team is headquartered at the Adelanto Police Department. The Victorville Police Department gang team has nine officers, the Apple Valley Police Department has two officers assigned to SMASH, and the Hesperia Police Department has two officers assigned to SMASH. San Bernardino County has been described by the SMASH/Gang Unit commander as being a “turf-free zone” for organized Los Angeles gangs. Since there are no declared “turfs” to defend, Los Angeles gangs who are enemies engage in cooperative criminal ventures in San Bernardino County. According to the Desert Team commander and a highly qualified probation officer gang expert and team member, there are currently 66 gangs with about 2,100 members in the Desert Region. The increasing population of gang members has been attributed to members escaping injunctions in the Los Angeles area, HUD Section 8 and other affordable housing, anonymity, and African American gang members being forced out of areas by growing Hispanic gangs. African American and Hispanic gangs are criminal enterprises controlled by “shot-callers” in California prisons. Northern California Hispanic gangs (“Nortenos”) are controlled by the Nuestra Familia prison gang, designated by the number 14 (14th letter of the alphabet, “N”) and the color red. Southern California Hispanic gangs (“Surenos”) are controlled by the Mexican Mafia prison gang, designated by the number 13 (13th letter of the alphabet, “M”) and the color blue. Gang members are identified by letter and number tattoos, and number of dots indicating a member’s rank. The cutoff area is Bakersfield. MS-13 is a separate gang. Unsettled gang members in the desert areas are called “Black Rags” and wear the colors red, white and blue. White supremist gangs are controlled by the Aryan Brotherhood (AB), which consists of the “Nazi Low-Riders” (NLR). The most active white prison gang is the “Public Enemy #1” (PEN-1) or USA’s gang. The chain of command in gangs is strictly enforced. The chain of command runs from the prison shot-callers to county gangs, to city gangs and area gangs. All proceeds from drug dealing and other crimes are taxed by gang leaders. Initiation into gangs often requires a new member to be physically beaten by existing gang members. Initiation can also include committing a serious crime, up to and including murder. There are gang members in training called the “Pee Wee’s,” who are 9 to 12 years of age. Female members are called the “Queens,” who are initiated by having sex with all members. Female members who contract the AIDS virus are required to have sex with rival gang members, which is called the “HIV War.” Gang graffiti is a deadly 45 serious form of establishing territories, communicating threats, and challenges between gangs and members. The City of Victorville contracts with the San Bernardino County Sheriff’s Department for police department law enforcement services, as do the cities of Adelanto, Apple Valley and Hesperia. Each city funds a SMASH/gang unit. According to the Victorville Police commander, the unique rise in the number of gang members was caused by the housing boom of the past few years, wherein families with young males and some gang members left gang-infested areas of Los Angeles County for more affordable housing in the Victor Valley and to escape the dangers of gang violence. Once they settled, many of the young males were encouraged by local gang members to join their gangs. Hybrid gangs were formed consisting of both Crip and Blood members, and various Hispanic gangs did the same. Multi-racial gangs were also formed. In a recent robbery/murder that occurred at the 7/11 store in Apple Valley, the crimes were committed by a Crip gang member and a Blood gang member. The Victorville Police department has the largest SMASH/gang unit consisting of a sergeant, a corporal and five deputies. The Desert Regional SMASH/gang unit of seven deputies is located at the Adelanto Police Department under the command of a Sheriff’s Sergeant. The regional unit covers Victor Valley, Barstow and the unincorporated areas. When area sweeps are conducted, County probation officers are assigned to accompany the unit. Deputies assigned to SMASH/gang unit are well-trained and committed to their duties. Two deputies are on-call for field deputies who suspect they are dealing with gang members. Once it is determined that a gang member is involved, the gang unit assumes responsibility for the case. Many of the cases against gang members involve criminal conspiracy to commit crimes. SMASH/gang unit members attend shift change briefings regularly and conduct in-service training with field deputies. Field deputies are well aware of local gang activity, and the Victorville unit shares information with other area units and the regional unit. SMASH/gang units work together in joint operations throughout the area, which includes the unincorporated areas. The City of Victorville is committed to combating gang problems in the city and has been very supportive and generous with funding for personnel and equipment. The City recently purchased four surveillance vehicles for the unit. Two additional deputies will soon be added to the unit, along with two probation officers. The cost of cleaning up gang graffiti in Victorville amounts to between $150,000 and $200,000 per year. San Bernardino County requested $1.6 million in grants from the State for gang- related law enforcement and training grants. The County received about $700,000. The desert area will receive little, if any, funds from the grants. There are two Deputy District Attorneys assigned to gang prosecutions in the desert area. They have obtained gang injunctions in Victorville, which resulted in gang 46 members moving their activities to surrounding cities. The injunctions were then expanded to cover the entire valley. Gang injunctions have proven to have an effective impact on gangs. However, more resources are necessary to obtain time-consuming injunctions. Political interference has proven detrimental to injunction practices which are not approved of by some. The District Attorney team is doing a good job. Gang conspiracy cases are worked-up against gang members, which has been very effective in prosecutions. However, the team is often overwhelmed with gang prosecutions. The desert area could certainly use additional specialized deputy district attorneys and support staff. Penal Code Section 186.22 gang enhancement charges are supporting longer jail terms. The code section states that “any person who actively participates in any criminal street gang with knowledge that its members engage in or have engaged in a pattern of criminal gang activity, and who willfully promotes, furthers, or assists in any felonious criminal conduct by members of that gang, shall be punished by imprisonment in a county jail for a period not to exceed one year, or by imprisonment in the state prison for 16 months, or two or three years.” Penal Code Sections 186.20 through 186.33 is known as the "California Street Terrorism Enforcement and Prevention Act." The Legislature found that “the State of California is in a state of crisis which has been caused by violent street gangs whose members threaten, terrorize, and commit a multitude of crimes against the peaceful citizens of their neighborhoods. These activities, both individually and collectively, present a clear and present danger to public order and safety and are not constitutionally protected. It is the intent of the Legislature in enacting this chapter to seek the eradication of criminal activity by street gangs by focusing upon patterns of criminal gang activity and upon the organized nature of street gangs, which together, are the chief source of terror created by street gangs.” According the Desert Team commander, a potentially groundbreaking gang enhancement prosecution is currently underway that involves a “Surenos” gang member who allegedly crashed a party, engaged in a fight with a non-gang member, 17 year-old male and lost the fight. The gang member left, enlisted the help of gang members from San Bernardino, Los Angeles and the desert, returned to the party and murdered the 17 year-old with a shotgun. The City of Victorville area has been exposed to a growing gang problem, which has been responded to by increased gang personnel. The hot spot in the Victor Valley is in the City of Adelanto, wherein the Hispanic “Brown Pride” gang has been growing since 1993. The MS-13 gang is also of growing concern, with between 50 and 100 members in the desert region. “Below Underground” is a desert region hybrid gang recently involved in a double murder at the Victorville Wal-Mart parking lot. There are about 100 members in hybrid gangs. And there are growing hostilities between the Brown Pride gang and African-American gangs. The Desert Regional Gang Enforcement Team currently occupies a single office at the Adelanto Police Department. Minimal clerical support staff is furnished by Adelanto PD. The Desert Team Commander indicated that there is an urgent need to move the team to a separate facility, with support staff to accommodate the team. The team shares three computers, and they have a limited number of vehicles and equipment. There is a need to upgrade equipment on existing vehicles, and a need for photographic and surveillance equipment. Because of the limitations, both the Valley and Desert Gang Teams are required to share equipment. Some team members use their own cameras and cell phones. Both teams access and input gang information to the California Gangs computer database, and there is a definite need for each member to have a laptop computer. With the exception of the Probation Officer and CHP Officer members, there is no dedicated budget account for overtime. Ongoing training is needed to maintain gang team members as “gang experts.” All members benefit from membership in the California Gang Investigators Association, and should be able to attend seminars provided by the association. The SMASH/Regional Gang Unit Commanders, team commanders, gang specialist Probation Officers and gang specialist Deputy District Attorneys agree that additional gang suppression and prosecution personnel, adequate overtime and equipment are needed to catch up with and stay ahead of gang growth and criminal activity, particularly in the Desert Region. Criminal gangs are responsible for the majority of crime in the Desert Region. Combining city Gang/SMASH personnel with regional teams for special operations and more street presence would add to effective suppression efforts. Criminal gangs create a hostile environment of terrorism throughout any and all areas that they inhabit or prey upon, causing people to live in fear. There is a strong indication that substantially increased gang suppression and prosecution efforts can improve Valley areas and save the Desert by making San Bernardino County undesirable to criminal gangs. RECOMMENDATIONS
R08-43:
Increase the number of SMASH/Gang Unit personnel to catch up with and stay ahead of gang growth and criminal activity, particularly in the desert region.
R08-44:
Provide a separate strategically located facility and support staff to accommodate the desert regional gang team.
R08-45:
Add SMASH/gang enforcement personnel to the Victorville County Station, the Town of Apple Valley, the City of Adelanto, and the City of Hesperia.
R08-46:
Provide ample overtime to meet regional team needs. 48
R08-47:
Combine city Gang/SMASH personnel with regional teams for special operations and more street presence.
R08-48:
Add Gang Specialist County Probation Officers to meet regional team needs.
R08-49:
Provide additional vehicles and equipment, and photographic and surveillance equipment as needed.
R08-50:
Provide each gang team member with a laptop computer to access and input gang information to the California Gang Database.
R08-51:
Provide ongoing specialty gang training to team members, along with membership/seminar attendance with the California Gang Investigators Association to maintain “Gang Expert” status. SCIENTIFIC INVESTIGATIONS DIVISION BACKGROUND The Sheriffs Scientific Investigations Division (SID) provides the resources and expertise to investigate crimes committed in San Bernardino County. This division of the Sheriffs Department has become much more visible to the general populace due to the increased DNA publicity and several primetime television shows (CSI). The SID assists investigations in several ways including taking photos, ballistics testing, doing chemical analysis, evidence gathering/monitoring, processing finger prints and processing DNA samples. The SID not only puts the evidence together to put criminals in jail but also helps bring very important closure to victims and their families. FINDINGS The Scientific Investigation Division is in serious need of resources if it is expected to catch up and maintain the needs of the county. The problems facing SID are complex. At this time, if the critically needed personnel were provided, there is no space to put them. The FBI recommends the minimum work area per analyst be 1,000 square feet. In 2005/06 the San Bernardino County SID had 386 square feet per analyst and in 2006/07 had 330 square feet per analyst. The current number is 218 square feet per analyst. Due to the building requirements for a crime lab, purchasing an existing building and retrofitting it would actually cost more than constructing a new building. The longer construction is delayed, the more the cost rises and the larger the case backlog becomes. San Bernardino County has an area of 20,105 square miles with an estimated population of over 2,000,000 and increasing daily. The county has only 12 Crime Scene Investigators (CSI). Currently, the investigators are divided into three teams of four. Every third week a team is on call 24/7. The teams not on call are busy processing their findings, doing reports and other collateral duties. Burnout is an ongoing concern since the workload is constantly increasing and the backlog continues to grow. When it became evident there was a need for additional DNA labs, the district US Representative suggested that due to the physical requirement and expense of constructing these labs, funds be given to San Bernardino County to construct a facility that can handle both San Bernardino County and Riverside County DNA analysis requirements. This suggestion was adopted and is currently in effect. The Regional Access Network Board (RAN Board) provided some funding for this collaboration. The RAN Board receives its funds from local police departments and funding is limited. This means that SID is doing the work for two countieswith space that is inadequate for one. DNA profiles are worked by priority. Priority I are cases that the District Attorney has promised to prosecute and are generally already in the trial stage. Priority I cases are 50 homicides, violent rapes and officer involved shootings. The DNA lab is currently just keeping up with these cases. Priority II cases are those such as burglary and rape that have an identified victim and suspect. There are approximately 1,000 cases on backlog and the number is increasing. The current DNA analysis staff can only perform 240 DNA work ups per year. Priority III cases are the cold cases. Currently, with the present number of analysts and the space needed, cold cases have the lowest priority. In addition to Crime Scene Investigators and DNA analysts, SID needs Forensic Analysts who, in essence, are training to become DNA Analysts. These positions can be tiered to include DNA Analysts and Forensic Analysts I-III. RECOMMENDATIONS
R08-52:
Provide additional workspace for the Sheriff’s Scientific Investigation Division taking into account the growth of the county.
R08-53:
Increase the number of Crime Scene Investigators from 12 to 24.
R08-54:
Increase the number of DNA/Forensic Analysts from 10 to 20. TRAINING CENTER / ACADEMY BACKGROUND The California Commission on Peace Officer Standards and Training (POST) was established by the Legislature in 1959 to set minimum selection and training standards for California law enforcement. The San Bernardino County Sheriff’s POST certified Regional Law Enforcement Training Center facility and firing range was constructed and established in 1973. The training building contains two classrooms, an assembly courtyard, a physical training room, a supply room, a tactical staff office, locker rooms, restrooms and academy administrative offices. Subsequently, the two classrooms were combined into one large classroom and the firing range was enlarged. FINDINGS POST funding comes from the Peace Officers' Training Fund (POTF). The POTF receives monies from the State Penalty Assessment Fund, which in turn receives monies from penalty assessments on criminal and traffic fines. Therefore, the POST program is funded primarily by persons who violate the laws that peace officers are trained to enforce. No tax dollars are used to fund the POST program. The POST program is voluntary and incentive-based. Participating agencies agree to abide by the standards established by POST. The more than 600 agencies in the POST program are eligible to receive the Commission's services and benefits, such as job- related assessment tools, research into improved officer selection standards, management counseling services, the development of new training courses, reimbursement for training, and quality leadership training programs. POST also awards professional certificates to recognize peace officer achievement and proficiency. Training programs at the Center include a POST Basic Academy, a Reserve Officer Training unit, an Advanced Officer Training Unit, a Mounted Enforcement Unit, a high school Public Safety Internship Academy, firing range training, a Reserve Firearms Training Unit, a Use of Force Unit, and a yearly program consisting of 24 hours of training updates for existing law enforcement officers. According to Academy Commander, a constant priority is placed on enhancing Use of Force training for safety purposes and to reduce liability exposure to the County. Basic Academy class sizes average 40 or more officers from all participating law enforcement agencies, with two or three staggered classes being held simultaneously. Law enforcement growth required the addition of portable classrooms remotely located from the training building, and the occupation of the former Verdemont Boys Ranch for the Advanced Officer Training Unit. The academy complex includes additional firing range training facilities, explosive training, scenario, situation and “Simunition” 52 (simulated use of firearms scenarios) training facilities, and an extensive training area for the Emergency Vehicle Operations Center. The Training Center qualifies for portions of POST Plan II and Plan III reimbursements, which includes travel, lodging, meals and other expenses incurred by Academy staff. No student tuition is reimbursed by POST. The current cost per student is $1,160.00. The current operating budget for the Training Center is about $7 million, with about $1.6 million in offsets. Approximately $1 million per year is generated by the Emergency Vehicle Operations Center (EVOC), by training students from agencies throughout Southern California. Approximately $600,000 per year is generated from a contract with the San Bernardino Community College District, which reimburses student attendance at training courses certified by San Bernardino Valley College. The complex is widely spread over a number of acres on varying grades and levels of land some distance away from the main training facility. Other than the firing ranges, explosives training ground, scenario-training area and the Emergency Vehicle Operations Center, the Basic Academy and Advanced Officer portable classrooms are unreasonably remote from the main facility. According to the Academy commander, the training division has only recently been able to bring a recurring mold and mildew problem among the portable classrooms under control. The age and condition of the buildings have also created an ongoing maintenance and repair problem. The Academy commander added that the remoteness of the classrooms inhibit or prohibit the use of shared Training Center staff. The Training Center’s 24-week Basic Academy program consists of 923 hours of training, well beyond POST’s basic course academy, which requires a minimum of 664 hours with a curriculum of 43 specific training specifications. POST has recognized the need for peace officers to have strong values of leadership, ethics and community policing. A strong foundation for officers is needed at entry level. POST designated the Training Center as the lead pilot program in developing the standard for all other basic academy programs in California. Access to the Training Center was previously restricted to the same access to the Glen Helen Rehabilitation Center from a road connecting to Interstate 215 to the East. A second access road is available and near completion northwest from the Training Center to the Glen Helen Parkway traffic ramps on Interstate 15. To meet current and future training demands, the Sheriff, his staff, and the Academy commander’s assessment of overall training needs requires the construction of a new centralized facility to more effectively meet increasing public safety demands and the public’s continued need for the well-trained quality law enforcement. The academy has enjoyed a good reputation for meeting and exceeding POST training standards. The current facilities have been outgrown, which places a strain on maintaining those high 53 standards. It should be noted that lack of law enforcement training could result in costly lawsuits and judgments that are paid from public funds. A request was submitted to provide the committee with documentation supporting the assessment and cost analysis for the construction of a centralized training facility. The committee received a detailed proposal, which includes a design narrative, the program, aerial photographs of the site, a site analysis, the existing site, an adjacency study, the site plan, a 3D diagram, perspectives and elevations. The total proposed program consists of a 93,000 square foot training facility located south of the existing shooting ranges. The facility will include an administration area, basic and advance training areas, and a use of force training area. Proposed parking areas will be located between the training facility and the shooting facilities. The shooting ranges, the practice-training course and the armory will remain. The existing administration and training building will be demolished after the new structure is completed and the area will be used for additional parking. Other major areas of construction will include a retaining wall between the lower parking and upper level shooting ranges to compensate for the 20-foot elevation difference. The wall will be used in part as a “wall of honor” and the focus of the entrance to the facility. The shooting ranges will be lined with a heavy landscape of tall trees and berms along the masonry walls to mitigate noise. The proposed facility addresses the need to be adjacent to the ranges, while maintaining an appropriate environment for classrooms and training. The initial cost estimate for the proposed training center is $78,801,662, which includes $37,977,466 for the main building, $1,269,500 for various outbuildings, $23,794,364 for building site work, and $15,760,332 in “soft costs” including permits, design and management. The site work cost includes demolition of the current facility, paving for access roads and parking, plus landscaping and utilities for the site. RECOMMENDATION
R08-55:
Construct a 93,000 square foot centralized Sheriff’s Training Academy. 54
Additional Recommendations
11
Not linked to specific findings.
R08-56:
Provide adequate staffing to monitor contract compliance in the workplace, paying particular attention to background checks.
R08-57:
Complete periodic reviews of existing contracts, checking license status.
R08-58:
Establish a reasonable distance that a “site supervisor” can be from a site to effectively supervise that site. PUBLIC WORKS BRIDGES BACKGROUND The subcommittee met with four Professional Engineers from the Department of Public Works. The Department of Public Works is under the Assistant County Administrator for Economic Development and Public Services Group. They answered all our questions that were proposed openly with candor and completeness. The Grand Jury concentrated on the 189 bridges that are under the county responsibility. These bridges are separated into two different categories: 1) Mountains and Valley, 52 bridges are over 20 feet in length, and 2) Desert, 137 bridges are over 20 feet in length. One hundred twenty of these bridges are located between Daggett and Mountain Springs on National Trails Highway, which parallels Interstate 40. These bridges have low traffic counts of 90 to 800 vehicles per day. They run a higher volume only during the rare times that Interstate 40 is restricted or closed for a traffic problem. FINDINGS The state inspects and reports on the bridges conditions every two years. They accomplish this on a rotating basis and reports are received on a constant timeline. The State and Federal government have funding programs that support the repairs on bridges over 20 feet in length. Sixty-seven bridges qualify for this type of funding. Bridges that are not covered under State and Federal funding are eligible for repairs under the State gas tax funding. Load restrictions are posted on 70 bridges throughout the county. This is a self- regulated restriction and is only enforceable if viewed by the CHP. There are no electronic devices, such as cameras and/or electronic contacts that would alert the CHP of weight violations. Caltrans has a strong program for emergency inspections when earthquakes occur with a magnitude of three or more. After inspection, the bridges found with defects are reported to the county for repairs. A quake with a magnitude of four is 10 times stronger than a magnitude of three and these extrapolations are carried throughout the Richter scale. Bridge repairs and replacement fall under two separate categories. Repairs: Repairs are considered by safety factors and traffic counts, and are given a priority. Repairs are generally completed within the year that the repair order was issued. Replacement: Bridge replacement includes a two- to three-year environmental approval by Caltrans. Environmental considerations for all projects follow the requirements of the National Historic Registry, Bureau of Land Management (BLM), and U.S. Fish and Wildlife. Federal funding requires National Environmental Protection Act (NEPA) procedures rather than California Environmental Quality Act (CEQA). Along with these requirements, all regulatory permits are required before the biding process begins. Funding for all bridge construction and repairs comes from one of the following sources: Gas Tax, Measure I, AB 2928, Proposition 1B, and Federal Funds. They have indirect communications with the county supervisors, but are pleased with their budget and systems of support from the county. The communication with Caltrans, the subcommittee felt could be stronger, but it is adequate to meet their goals. Working with the Caltrans and Federal funding just takes time and rushing the systems is not recommended. Their budget is not derived from the general fund, but from Gas Tax and Federal programs, so the majority of the budget varies and is controlled by these funding mechanisms. The repairs that are not on track due to lack of funding at this time are the bridges in Yermo, Baker Boulevard and the National Trails Highway. A great deal of time and monies are spent on county bridges that have very limited traffic and services a limited number of county residences. This is an important service in their daily life. Perhaps an alternative concept of a ditch paved over instead of an actual bridge would be more economical, with little inconvenience to local residences. This department is well staffed and seems to perform their duties on bridges in a competent manner within the complicated and fragmented system that they must work. RECOMMENDATIONS
R08-59:
Fund all pending bridge repairs at Yermo, Baker Boulevard and the National Trails Highway.
R08-60:
The County Board of Supervisors takes a more active role in funding County bridge repair and bridge safety programs. 58
R08-61:
The County Board of Supervisors should concentrate efforts to increase interactions with Caltrans to insure our share of the available funding for bridge replacements and repairs.
R08-62:
Prepare a cost analysis covering the last ten years to show the effectiveness of paving over the ditches, as opposed to bridge repairs and replacements. COUNTY WATER RESOURCES/FLOOD CONTROL BACKGROUND San Bernardino County water supplies consist of local groundwater supplemented primarily by water imported from Northern California by means of the California Water Project. In 1960, California voters approved $1.75 billion in general obligation bonds to finance construction of the State Water Project. Water supply contracts were signed between the state and public agencies stretching from counties in the north, to the San Francisco Bay area, through the San Joaquin Valley, and into Southern California. Water deliveries from the project began in 1965. By 1997, 27 public agencies throughout California were serving 22 million people and one million acres of farmland. Under the contracts signed between the state and public agencies (known as the State Water Contractors), it was agreed that the agencies would receive specified amounts of water each year from the State Water Project. In return, the agencies agreed to repay the full cost, including interest, of financing, building, operating and maintaining the water delivery system. The State Water Project (SWP) is operated and maintained by the California Department of Water Resources. Its pumping plants move the water through canals, underground pipelines, siphons, and tunnels, including the 444-mile California Aqueduct. The State Water Project's water supply capability depends on rainfall, snow pack, runoff, reservoir storage, and pumping capacity from the Sacramento Delta. Water deliveries have ranged from 1.4 million acre-feet in dry years to almost 4.0 million acre- feet in wet years. Given there is no assured or “guaranteed” annual water supply, local State Water Contractor agencies have worked hard to develop additional local water supplies. Today, there are 29 member agencies of the State Water Contractors that purchase water from the State Water Project. Water from the project serves more than 25 million residents, businesses and farms throughout California, irrigates more than 750,000 acres of prime agricultural lands and directly sustains $400 billion of the statewide economy. FINDINGS San Bernardino County residents and businesses rely substantially upon imported water from the State Water Project (SWP). Total precipitation is below normal this season. In addition, a recent environmental habitat federal court decision mandated a SWP water supply cutback of 30 percent. There are three State Water Contractors in San Bernardino County. Each contractor agency is governed by elected district board members. The Mojave Water Agency services the high deserts areas of Victor Valley, Barstow, Yucca Valley and 60 Joshua Tree. The San Bernardino Valley Municipal Water District services the areas of San Bernardino, Redlands, Loma Linda, Rialto, Colton, Highland, Grand Terrace and Yucaipa. The Crestline Lake Arrowhead Water Agency services a portion of the San Bernardino Mountains. In addition, the Inland Empire Utilities Agency purchases State Water Project water from State Water Project Contractor, the Metropolitan Water District. The Mojave Water Agency (MWA) was formed in 1959 by an act of the California Legislature and was activated by a vote of the residents in 1960 to manage declining groundwater levels in the Mojave Basin Area, Lucerne Valley and El Mirage Basin. The Morongo Basin and Johnson Valley areas were annexed in 1965. The Agency imports water through the California Aqueduct to recharge groundwater from which local water companies and well owners derive well water for all uses including domestic, agriculture and industrial. Current MWA usage of SWP water amounts to about 15 percent of overall water consumption. Two pipelines directly from the California Aqueduct were constructed to service the water needs of the Barstow area and the Morongo Basin area including the Joshua Basin. All water runoff from streams above Silverwood Lake are metered by the SWP, and the exact amount of water from runoff into the lake is metered out of the lake into the Mojave River basin. The MWA has an annual contract for up to 75,800 acre-feet of water from the State Water Project (SWP), although due to variability in deliveries of SWP water, the average annual supply available is currently estimated to be 58,400 acre feet. Pursuant to long-term planning, in order to balance the basin by the year 2025, it will be necessary for MWA to utilize its full SWP supply. The MWA has purchased and banked about 120,000 acre feet of water from the SWP California Aqueduct over that past three years, which is recharged into the water basins for future use. Because of cutbacks in state water supplies from the aqueduct, and in keeping with long-range planning to maintain adequate water supplies, the MWA Board has mandated that the Agency seek new supplies of water. The MWA often meets with other water professionals, and is willing to meet regularly with San Bernardino County Flood Control and other water agencies to further the goals of ensuring water supplies and promote conservation for the area and the county. The Inland Empire Utilities Agency (IEUA), originally named the Chino Basin Municipal Water District, was formed in 1950 to supply supplemental water to the region. Since its formation, the Agency has expanded to areas of responsibility to a regional wastewater treatment agency with domestic and industrial disposal systems and energy recovery/production facilities. The Chino Groundwater Basin was adjudicated in 1978. The IEUA Board of Directors served as the governing board for the Chino Basin Watermaster until 1998 when the Superior Court modified the governing board to be an appointed 9 member 61 board. On July 1, 1998, the water district officially became the Inland Empire Utilities Agency. The IEUA serves as the Santa Ana River Watermaster, along with the San Bernardino Valley Municipal Water District, the Western Municipal Water District, and the Orange County Water District. The Santa Ana River adjudication was approved by the Superior Court in 1969 and approves an annual report each year on water usage and rights consistent with the 1969 judgment. The IEUA’s 242 square mile service area is located in the southwest corner of San Bernardino County, and provides regional wastewater service and imported water deliveries to eight contracting agencies, which include the cities of Chino, Chino Hills, Fontana, Montclair, Ontario and Upland, and the Cucamonga Valley and Monte Vista water districts. The five elected IEUA board members represent the listed cities and portions of Rialto and Bloomington. A considerable portion of the Chino Basin area consists of agriculture, dairies and industrial/commercial areas. When agriculture and dairy land goes to other development such as housing, the water rights go to cities and water districts. In addition, the IEUA has become a recycled water purveyor, a biosolids/fertilizer treatment provider, and continues as a leader in water supply salt management for protecting the regions vital groundwater supplies. Chino basin water supplies come from about 60 percent groundwater, 5 percent mountain streams, 10 percent recycled water, and 25-30 percent purchased from the Metropolitan Water District (MWD). The MWD water supplies are derived from a combination of California Water Project water and Colorado River aqueduct water pipelines, which is metered out to the IEUA from the MWD facility in La Verne. The IEUA works regularly with San Bernardino County Flood Control, and is willing to meet regularly with San Bernardino County Flood Control and other water agencies to further the goals of ensuring water supplies and promote conservation for the area and throughout San Bernardino County. The Crestline-Lake Arrowhead Water Agency (CLAWA) is a public agency created in 1962 by a special act of the California State legislature to provide supplemental water to a portion of the San Bernardino Mountains. As a State Contractor, CLAWA sells imported water wholesale to approximately 25 retail water purveyors for domestic use and fire protection purposes. The Agency’s sole source of supply is surface water from Silverwood Lake, which is processed through the Agency’s treatment plant. The maximum system design capacity of the CLAWA’ transmission system is 15 cubic feet per second (6,750 gallons per minute). CLAWA’s maximum entitlement for SWP water is 5,800 acre-feet per year. Up to 1,302 additional 62 acre-feet per year can be appropriated from Houston Creek, which is a tributary to Silverwood Lake. The community of Lake Arrowhead was not included when the CLAWA was formed. Recently, the Lake Arrowhead Community Services District reached a 15-year agreement to purchase 7,600 acre-feet of SWP water from the San Bernardino Valley Municipal Water District through the CLAWA. The agreement allows the District to supplement its water supply with an average of 500 acre-feet of water per year. The CLAWA is willing to meet regularly with San Bernardino County Flood Control and other water agencies to further the goals of ensuring water supplies and promote conservation for the area and the county. The San Bernardino Valley Municipal Water District (Valley District) was formed in 1954 as a regional agency to plan a long-range water supply for San Bernardino Valley. It imports water into its service area through participation in the State Water Project (SWP) and manages groundwater storage within its boundaries. The Valley District covers about 350 square miles in southwestern San Bernardino County, spans the eastern two-thirds of San Bernardino Valley, the Crafton Hills, and a portion of Yucaipa Valley, and includes the cities and communities of San Bernardino, Colton, Loma Linda, Redlands, Rialto, Bloomington, Highland, East Highland, Mentone, Grand Terrace and Yucaipa. Valley District’s primary source of water is from the SWP through the East Branch of the State Aqueduct via Lake Silverwood. The Valley District and Western Municipal Water District have filed water right applications with the State Water Resources Control Board to obtain authorization to divert water from the Santa Ana River. Valley District is the fifth largest of 29 contractors who are part of the California State Water Project. Valley District’s maximum annual entitlement to SWP water is 102,600 acre-feet. Valley District supplies both local and SWP water for direct delivery to retail water agencies. In addition, Valley District is responsible for recharging certain groundwater basins to ensure that the basins have adequate water supplies to meet the needs of retail water agencies and residents within San Bernardino Valley Municipal Water District. The San Bernardino Valley Municipal Water District is willing to meet regularly with San Bernardino County Flood Control and other water agencies to further the goals of ensuring water supplies and promote conservation for the area and the county. The San Bernardino County Flood Control District (Flood Control District) maintains 14 water basins and water lines of basin networks in the Chino Basin area of the County. Storm waters are directed to Inline basins during storm events. Flood Control Debris basins are located throughout the foothill areas of the valleys. When 63 storm flows are not captured for groundwater recharge, they are allowed to flow to the Santa Ana River and eventually to Prado Dam. The Seven Oaks Dam is a single-purpose flood control project constructed by the Army Corps of Engineers in 1999 and turned over to local sponsors in 2002. The major sponsor is the Orange County Flood Control District, along with the Riverside Flood Control and Water Conservation District, and the San Bernardino County Flood Control District. The dam is the largest earth dam in the United States, with a capacity of 145,600 acre-feet of water. Dam reservoir regulation is performed by Orange County Flood Control District staff. Daily operations are performed by San Bernardino County Flood Control District staff. The purpose of the dam reservoir is to prevent flooding during wet seasons and to recharge groundwater during dry seasons. The Flood Control District works with the Inland Empire Utilities Agency (IEUA), which deals with the Chino Basin. Flood Control also works with all water companies and agencies in the desert and mountain areas of the County. The relationship between the Flood Control District and private or public water entities is a result of issuing permits to perform work on Flood Control lands and easements. Further relationships are formed to assist water entities in recharging water basins. The Flood Control District faces challenges in maintaining unrestricted flood control areas mired in environmental regulations that cause excessive water and bank vegetation restricting the flow of floodwaters. The District also suffers from a high vacancy rate in qualified engineer positions, which reduces the expertise and effectiveness of the Flood Control District. One of the Flood Control District’s strategic goals is to increase groundwater recharge services at flood control facilities in support of maintaining adequate water supplies for the people of San Bernardino County. The Flood Control District is willing to take the lead in creating and improving relationships with water entities throughout the County in terms of hosting regular meetings to further the goals of ensuring water supplies and to promote conservation for each area and the County. The California Department of Water Resources conducted a 2008 winter snow survey, which indicates that the snow pack water content is near normal this year. Despite this fact, the news is not good for water deliveries. Although there has been a return to average snow pack figures, State Water Project (SWP) deliveries remain near record lows because of the federal court ruling restricting Delta Pumping to protect Delta smelt. Currently, the SWP is projected to deliver only 35 percent of requested amounts this year to communities, farmers and businesses in the Bay Area, Central Valley and Southern California. The Association of California Water Agencies (ACWA), a coalition of 450 public water agencies, has launched a statewide effort and website (calwatercrisis.org), entitled “California’s Water: A Crisis We Can’t Ignore,” to educate Californians about critical challenges now confronting the state’s water supply and delivery system. RECOMMENDATIONS
R08-63:
The San Bernardino County Flood Control District host regularly scheduled meetings with State Water Contractors and all other water agencies within the County, to discuss immediate and long term water concerns.
R08-64:
Recruit qualified engineers to fill vacant positions to meet immediate and future Flood Control District needs. SOLID WASTE MANAGEMENT BACKGROUND The Solid Waste Management Division (SWMD) is responsible for the planning and disposal of the daily accumulation of waste generated by the County’s growing population. The facilities for this disposal are landfills, transfer stations, and community collection centers located throughout the County. Each facility has a different function but all contribute to the same goals of waste reduction and eradication. FINDINGS Two levels of government, the State and the County, are involved with the County’s solid waste program. The State regulates financial and operational details of the disposal sites and specifies the enforcement agency. It mandates financial assurances from the County for site maintenances and closures and designates the enforcement agent for their permits and inspections. For San Bernardino County, that agent is Environmental Health Services under the Department of Public Health. At the County level, the Solid Waste Management Division (SWMD) oversees the actual operation of the solid waste program through a contract operator. The operator’s contract was reviewed with SWMD staff. It was detailed and voluminous. The contract was signed in 2001 and has been extended continuously with an expiration date of 2012. It has 25 amendments reflecting adjustments to changing facility conditions and requirements during the contract period. Solid Waste programs are financed through funds based on an enterprise system. In this system, charges from users of the waste facilities offset expenses resulting in self- financed operations. There are five funds for solid waste: Operations, Site Closure and Maintenance, Site Enhancement and Inspection, Environmental, and Environmental Mitigation. These five funds collectively are known as “enterprise funds.” The Operations Fund is the largest of the solid waste funds. It is equal to almost 70% of the five funds in appropriations and revenues, and finances the contract operator for the day-to-day activities of waste collection and disposal. The cost of the contract operator is included in the Services and Supplies budget entry of $39,807,980. Even though it is 70% of the cost, it is not identified as a single line item in the budget. The enterprise funds appear to be secure and independent from outside support. This is due in part to revenue from the landfills, interest from investment accounts and financial assurances the County must pledge in responding to State solid waste legislation. These funds could have potential problems as their financial condition is sensitive to several factors; the efficiency of the contract operator, validity of estimates for current and future site planning, the speculative nature of environmental conditions, 66 and the financial stability of the County. Serious County deficits could affect the degree to which the County is able to provide the financial assurances mandated by the State. Landfills have a limited capacity. Forecasting costs for future landfill capacities and post maintenance needs is speculative due to such unknowns, as whether landfill tonnage will increase or decrease, and the reliability and amounts of funds available for operations. The site Closure and Maintenance Fund finances these costs. To date, 27 landfills have been closed with future landfill site closures scheduled as late as 2059. The Site Enhancement, Expansion and Acquisition Fund finances both improvements to current sites and acquisitions for future sites. Revenues for this are from interest earned on reserve accounts and funds transferred from deposits established to assure guarantees according to State regulations. Activity at landfills has a potential for creating environmental problems. The Environmental Fund has a direct involvement in site activity as it funds gas extraction and groundwater drainage for health and safety measures. The Environmental Mitigation Fund has a broader application. The County, through various agreements, has a commitment to pay communities for adverse environmental conditions, which are caused by active, closed or partially closed landfills. RECOMMENDATIONS
R08-65:
Enter the contract operators’ cost in the Public Works budget as a separate line item entry.
R08-66:
Review financial options in the event the County cannot support enterprise funding for solid waste. 67
Findings & Recommendations
5 findings
F1:
Language used throughout the ICCM is more “advisory” than “directory” with no presence of giving command resulting in varied response from management to the findings of the auditors. The 2008-2009 Grand Jury had recommended that the language in the ICCM Manual be revised. Ambiguous language results in differing interpretations and therefore differing responses. The ACR had agreed with the recommendation with the changes scheduled to be included in the next revision of the Manual in June 2010. An introductory paragraph would also be included stressing that the Manual is not a guide, but a requirement that must be followed.
Related Recommendations (2)
R10-29:
The ACR comply with the response to the 2008-2009 Grand Jury recommendations and revise the language in the ICCM. Replacing the words should and must with the word will results in a document that is more commanding than instructional and provides clearer direction to management and staff. (Finding 1)
R10-30:
The ACR follow up with its commitment to an introductory paragraph explaining that the ICCM is not a guide, but a requirement that must be followed with non-compliance resulting in reports to the Board of Supervisors, County Administrative Office and the Grand Jury as is the current practice. (Finding 1)
F2:
The six month follow-up audit called for in the November 2009 audit may be extended for a few months to give the Library time to work on changes being implemented at the recommendation of the County Administrative Office (CAO).
F3:
Audit recommendations need to be responded to in the appropriate manner with suitable oversight. This corresponds to a 2008-2009 Grand Jury
Related Recommendations (1)
R10-31:
The Board of Supervisors and the County Administrative Office enforce the implementation of ACR audit recommendations by overseeing and following-up on compliance. (Finding 3)
F4:
The Library anticipates a reduction in actual cash handling over the next several years thus reducing its risk due to the implementation of the PayPal system. This system allows for payment of library fines and fees from either one’s home PC or at a library computer. 47
F2008:
The Grand Jury reviewed the audit for compliance with the County Charter, the Board of Supervisors’ Policy Statement on Internal Operational Auditing and the Internal Controls and Cash Manual (ICCM). The Grand Jury review shows that the audit was accomplished according to professional standards. On Thursday April 8, 2010, an interview with the County Librarian was conducted by members of the Grand Jury. On May 4, 2010, a telephone conference call interview was conducted by Grand Jury members with the Auditor/Controller-Recorder. FINDINGS 1. Language used throughout the ICCM is more “advisory” than “directory” with no presence of giving command resulting in varied response from management to the findings of the auditors. The 2008-2009 Grand Jury had recommended that the language in the ICCM Manual be revised. Ambiguous language results in differing interpretations and therefore differing responses. The ACR had agreed with the recommendation with the changes scheduled to be included in the next revision of the Manual in June 2010. An introductory paragraph would also be included stressing that the Manual is not a guide, but a requirement that must be followed.