Gran Jurado del Condado de Santa Clara

2005-2006

11 informes

Hallazgos & Recomendaciones 5 hallazgos
F1: All school districts appear to abide by federal nutritional guidelines for breakfasts and lunches. Not all students partake in a full meal program and instead may choose less healthy items. Nutritionally poor items may be included as part of a complete meal, even though overall the meal technically may meet the standards. Unhealthy items are available in many schools and libraries.
Recomendaciones relacionadas (1)
R1: All foods offered on school grounds and in public libraries should be of the healthy variety. Vending machine contracts should be modified to specify only healthy food choices.
F2: Currently only 200 minutes of PE every ten days are required in elementary school and middle school districts grades 1-8, except for medical exemptions or special circumstances.
Recomendaciones relacionadas (1)
R2: Districts should determine how to increase the amount of time devoted to PE by at least 50%, even if this might mean rearranging and/or increasing the length of the school day. In grades 7-8, where the requirement is only 200 minutes every ten days, this should be increased by 50% as well.
F3: Currently only 400 minutes of PE every ten days are required in grades 9-12, except for students with medical or other special considerations. This requirement applies for only two of the four years. 11
Recomendaciones relacionadas (1)
R3: The PE requirement for grades 9-12 should apply to all four years.
F4: Very little time is devoted in schools educating students about nutritional values of foods and the effects of calories ingested and the relation of weight to health. Some passing references may be made in PE or a science class, but no educational materials are mandated concerning food, calories, exercise, fitness, weight, and health.
Recomendaciones relacionadas (2)
R4a: Specific age-appropriate curricula should be developed to educate children and teens about the relationship of food, weight, physical activity, and health. This should then be included on a regular basis at all grade levels.
R4b: The concept of BMI and percentile values should be considered for introduction in classes at age-appropriate levels.
F5: Proven methods exist which help children decrease screen time, select healthier foods, and increase physical activity. Other programs, involving dance and after school activities, are effective. Very few of these methods have been adopted.
Recomendaciones relacionadas (1)
R5: Districts should adopt programs that have proven effective in decreasing screen time, encouraging healthy diet, and increasing physical activities. PASSED and ADOPTED by the Santa Clara County Civil Grand Jury on this 25th day of May, 2006. ________________________________ Thomas C. Rindfleisch Foreperson 12
Hallazgos & Recomendaciones 9 hallazgos
F1: The District generally does a commendable job of providing water, protecting watersheds, and implementing flood control in Santa Clara County.
F2: Voters fail to participate actively in SCVWD director elections. Many directors run unopposed and many directors serve for multiple consecutive terms. The elected directors may not represent a broad cross-section of the population.
Recomendaciones relacionadas (1)
R2: Independent voter advocacy organizations, such as League of Women Voters, public forums such as the Commonwealth Club, chambers of commerce, and news media should encourage, educate, and energize the public about the importance of participating in the electoral process. This may also provide a forum for explaining and vetting SCVWD programs for a broader set of stakeholders. 23
F3: The current statutory basis of the SCVWD includes a provision for annual Board of Supervisors review of the SCVWD budget. There is an effort under way (AB 2435) to terminate this relationship between the SCVWD and the BOS.
Recomendaciones relacionadas (1)
R3: The Grand Jury firmly believes that the current oversight arrangement should not be terminated. The effective management of a service as vital to the County as water cannot be improved by reducing oversight. The reality of limited voter involvement argues all the more for retaining the relationship between the SCVWD and BOS. The BOS currently plays an active role with representatives on the Board of the Valley Transportation Authority and the Grand Jury believes the SCVWD demands similar commitment. Furthermore, the Grand Jury believes this relationship should be a model for oversight of other independent special districts in the County.
F4: Currently two SCVWD directors are appointed by the BOS and yet participate in decisions about rate setting, eminent domain, taxation, and debt issuance, without direct mandate from County voters.
Recomendaciones relacionadas (1)
R4: No District Board members should be appointed. The two Board positions that are currently appointed should be converted to be filled directly by County Supervisors, who are already elected by the people. Currently two BOS members serve on the Water Commission and two on the Valley Transportation Authority Board. Participation of BOS members would serve to strengthen the link between the SCVWD and the BOS to perform the budget oversight function as well.
F5: There are strongly held diverse opinions concerning the proper role of the SCVWD and its spending. Actions by the District Board have led to projects and expenditures that are not always supported by the public or by retail distributors. These have led to heated public debates about the scope and efficiency of SCVWD operations.
Recomendaciones relacionadas (1)
R5: The District needs to better communicate and vet its activities with the various stakeholders and the public. Program goals should be selected through procedures that are more responsive to these views. The District has recently begun to take steps in this direction. 24
F6: Water rates have increased significantly over time. Part of this increase is caused by higher costs and part is due to Board policies regarding future projects and allocation of costs. There are rate differentials between North and South County which raise contentious issues that are not well understood.
Recomendaciones relacionadas (1)
R6: The District should clarify the reasons for rate differentials and trends among users to ensure that stakeholders, including the public, have an understanding of and confidence in the equity of rate setting practices. The District should carefully prioritize its capital projects and other costs to ensure that rate increases are fully justified by needs vetted with the Water Commission and the public.
F7: Outside auditors question some financial practices of the District. Concerns include financing the unfunded balance of the District CalPERS benefits accounts, managing year-end cash balance, and controlling cash flow. Some of these issues could save the District between $800,000 and $1.6 million per year. Critics believe the District could safely increase its return on investments.
Recomendaciones relacionadas (1)
R7: The District should consult outside financial advisors to be sure it is using best practice to prudently, but optimally, manage the large amount of resources it controls.
F8: There have been substantial criticisms that reserves are excessive and inadequately justified. During the last three years, reserves have dropped significantly from $580 to $320 million. The District is currently reviewing its reserve management policy.
Recomendaciones relacionadas (1)
R8: The District should clearly document its reserve management policy and justify its reserve levels to stakeholders and the public. It should also reconsider and justify the balance between pay-as-you-go and debt funding of capital projects to reduce the requirements for large reserve holdings. 25
F9: The District is implementing a number of performance measurement and improvement programs that impose extra workload on the staff. The Office of Performance Excellence had a 2005 budget of over $1.2 million.
Recomendaciones relacionadas (1)
R9: The District needs to refine and coordinate its various performance measurement efforts into a smaller number of focused, cost-effective programs that can offer the most useful and tangible results to influence District operational efficiency and to define objectives. PASSED and ADOPTED by the Santa Clara County Civil Grand Jury on this 26th day of May, 2006. ________________________________ Thomas C. Rindfleisch Foreperson 26

Hallazgos y recomendaciones aún no extraídos.

Hallazgos & Recomendaciones 6 hallazgos
F1: Some officers ask children, friends, or neighbors to interpret on behalf of a limited English speaking person, which is not supported in the Domestic Violence Protocol.
Recomendaciones relacionadas (1)
R1: Officers should use discretion with non-certified sources of interpretation, such as family members, children, or neighbors. Officers should not use alleged perpetrators to interpret, except in exigent circumstances. Preference should be given to using a certified interpreter, who may be available within the responding Agency or from a neighboring Agency and/or an Over-the-Phone Interpretation service.
F2: Three Agencies surveyed do not utilize an OPI service, whereas other Agencies successfully use an OPI service, such as Language Line Services or NetworkOmni as an option for language interpreters. 9
Recomendaciones relacionadas (1)
R2: Law enforcement Agencies serving diverse communities with limited English speakers should implement a policy to train and encourage officers to use an OPI service when other interpretation resources are not readily available.
F3: There is inconsistency among agencies in terms of training to keep officers up-to- date with Domestic Violence Protocol changes as developed by the Domestic Violence Council. One Agency relies on voluntary use of an internal website to allow officers to stay current on the Protocol.
Recomendaciones relacionadas (1)
R3: All Agencies should implement formal training to ensure that officers participate in structured presentations of up-to-date information and require a certification that each officer has completed and comprehended the material.
F4: The immigrant and limited English speaking population in the County continues to grow and change. Some Agencies do not collaborate with community-based organizations that provide domestic violence services and programs relevant to this population.
Recomendaciones relacionadas (1)
R4: Agencies should develop training programs in collaboration with community- based organizations to educate all personnel about cultural, religious, economic, and immigration-related issues that may affect victims’ decisions and reactions to domestic violence and community services. Conducting outreach programs with immigrant communities helps to connect these communities with the police and inform them about the law.
F5: Officers provide the Domestic Violence Resource Card to victims during domestic-violence-related calls, but most often not to other affected parties. 10
Recomendaciones relacionadas (1)
R5: Agencies should require officers to provide the Card to all parties involved, as appropriate.
F6: One Agency does not have an agreement with any domestic violence community-based organization to review police reports in order to facilitate Organization follow-up contact with victims for support and services.
Recomendaciones relacionadas (1)
R6: All Agencies should establish working relationships with appropriate community- based organizations. PASSED and ADOPTED by the Santa Clara County Civil Grand Jury on this 22nd day of May, 2005. ________________________________ Thomas C. Rindfleisch Foreperson 11
Hallazgos & Recomendaciones 9 hallazgos
F1: The special districts reviewed in this report are essentially invisible to County government and to the public, thereby making effective oversight and accountability impossible. The Board of Supervisors, LAFCO, the Controller-Treasurer, and County audit functions all appear to have no active continuing role in district oversight.
Recomendaciones relacionadas (1)
R1: should be made publicly available. ISSUES RELATED TO INDIVIDUAL DISTRICTS 5. The budget management processes of Guadalupe-Coyote and Loma Prieta Resource Conservation Districts do not appear to meet prudent financial practices that best serve the public interest. The Districts should create plans containing up-to-date, and measurable objectives. The District budget should be structured and managed in accordance with these District plans. 6. The Guadalupe-Coyote and Loma Prieta Resource Conservation Districts have not held elections for board members in at least the last four years. Vacant board positions are most often filled by appointment by the BOS with minimal public review. The BOS should promote public elections. If that is not possible, the BOS should openly recruit fully qualified and competent candidates and conduct an interview/selection process in a manner similar to that used to select managerial-level county employees. 2 7. Each of the four Districts examined has a substantial discretionary reserve balance which the Grand Jury was unable to assess for lack of accepted criteria and management justification. The reserves of each special district should be reviewed regularly and adjusted in accordance with the criteria established under Recommendation 3c. 8. The non-property tax revenues of the Saratoga Cemetery District are nearly sufficient to fund that District solely as an enterprise district. The status of the District should be re-evaluated. 9. The South Santa Clara Valley Memorial District’s internal financial statements contain numerous errors and offer no comprehensible audit trail of District activities. If District management cannot remedy these serious shortcomings immediately, the BOS should replace the existing board with persons who can effectively oversee District affairs. This board should hire, using accepted County procurement procedures, a qualified outside management firm to conduct operations.
F2: LAFCO provides little guidance or impetus for the efficient management or streamlining of special districts. It only issues periodic generic service review reports containing information largely supplied by the districts themselves. Reasons for continued existence of districts appear never to be questioned or re-validated.
Recomendaciones relacionadas (1)
R2: LAFCO should refocus its efforts and coordinate with the management-audit agent referenced in Recommendation 1. Efforts should more effectively provide performance, management, and fiscal evaluations, based upon community needs and benefits, including consolidation and/or dissolution recommendations for districts where appropriate. 17
F3: Prudent County financial oversight and accountability of districts appear to be lacking. 3a. Proposed annual budgets of Districts appear to receive little to no review in terms of performance and management from the County. 3b. Property tax revenues are apportioned to special districts in an automatic, ongoing manner, almost as entitlements. No justifications for continued full allocations occur, even if sufficient reserves or other revenues are readily available to cover justified district expenses. 3c. The County does not monitor, nor does it have guidelines for determining, prudent levels or management of financial reserves for special districts.
Recomendaciones relacionadas (1)
R3: The Grand Jury recognizes that the authority to oversee and control budgets, reserves, and functions of special districts rests by current statute with the boards of independent districts. The BOS should work with state legislative representatives to implement changes to the appropriate state laws to authorize the following detailed recommendations, perhaps using the precedent of the intended BOS oversight in the Santa Clara Valley Water District Act as a model. 3a. The BOS should implement a review process that examines budget details, including income and previous year actual expenditures against projections. This should include evaluating accomplishments against measurable objectives, and the value added by each district to the community. Management audits performed on a regular basis would aid in this process. 3b. The management-audit agent to be appointed under Recommendation 1 should require districts to justify their annual budgets in terms of plans, projected costs, and history of actual expenditures. These justifications should not rely on formulaic property tax allocations. 3c. The BOS should form a panel, including financial management expertise from local industry and other government agencies. This panel should advise on establishing prudent best-practice guidelines for financial reserve management. These guidelines should include quantitative actuarial approaches, along with policy practices to define appropriate reserve levels. The management-audit agent in Recommendation 1 should review special districts in the County for compliance with these reserve guidelines. 18
F4: Special districts are essentially invisible to the public. Mechanisms are lacking to inform and engage the public affected directly by special districts so they can understand and judge the appropriateness, effectiveness, and efficiency of district activities. For example, there is no breakdown on property tax bills of the allocations to individual special districts.
Recomendaciones relacionadas (1)
R4: 4a. The County Assessor’s website must be improved significantly in terms of usability. The property tax bill should have a pointer to the Assessor’s website to make it easier, using best practices from e-commerce, for individuals to understand in detail how their tax dollars are spent. 4b. The results of analyses by the management-audit agent in
F5: The budget management processes of Guadalupe-Coyote and Loma Prieta Resource Conservation Districts do not appear to meet prudent financial practices that best serve the public interest. No annual and long-range work plans containing specific measurable goals could be found. It is impossible to determine what, if any, demonstrable added value these two districts contribute.
Recomendaciones relacionadas (1)
R5: Design, vet, and maintain annual and long-range district plans, such as described under Public Resource Code § 9413. These plans should contain complete, up-to-date, and measurable objectives. The district budget should be structured and managed in accordance with these district plans.
F6: The Guadalupe-Coyote and Loma Prieta RCDs have not held elections for board members in at least the last four years. Vacant board positions, including uncontested re-election and mid-term vacancies, are most often filled by appointment by the BOS, 19 despite the fact that the legislature (in Public Resources Code § 9314) encourages public election of district directors. In practice, elections are considerably more expensive than appointments.
Recomendaciones relacionadas (1)
R6: If the BOS is unwilling to make routine public election of board members economically affordable, then the appointment process should be made more accountable to the public. This means the BOS should openly recruit fully qualified and competent candidates and conduct an interview/selection process in a manner similar to that used to select managerial-level county employees. Lobbyists should be excluded from any such appointments.
F7: Each of the four districts examined has a substantial discretionary financial reserve balance which the Grand Jury was unable to assess for lack of accepted criteria and management justification.
Recomendaciones relacionadas (1)
R7: The reserves of each special district should be reviewed regularly and adjusted in accordance with the criteria established under Recommendation 3c.
F8: The revenues of the Saratoga Cemetery District, other than property taxes, are nearly sufficient to fully fund that District as an enterprise district (or as a stand-alone business).
Recomendaciones relacionadas (1)
R8: The Saratoga Cemetery District should be evaluated to determine if its status warrants change to be solely an enterprise district.
F9: The South Santa Clara Valley Memorial District’s internal financial statements contain numerous errors and provide no comprehensible audit trail of District activities. Meetings with District management confirmed, but provided no resolution of, these problems. 20
Recomendaciones relacionadas (1)
R9: If South Santa Clara Valley Memorial District management cannot remedy these serious shortcomings immediately, the BOS should replace the existing Board with persons who can effectively oversee District affairs. This Board should hire, using accepted County procurement procedures, a qualified outside management firm to conduct operations. PASSED and ADOPTED by the Santa Clara County Civil Grand Jury on this 16th day of May, 2006. ________________________________ Thomas C. Rindfleisch Foreperson 21

Hallazgos y recomendaciones aún no extraídos.

Hallazgos & Recomendaciones 8 hallazgos
F1: It appears there is some level of intentional and/or unintentional intimidation on the part of members of the SJPD. This is exhibited in many ways such as vehicle and pedestrian stops for relatively minor violations. In many cases these result in searches or pat downs without probable cause. Requests for police identification (name/badge number) are sometimes perceived by officers as confrontations which can contribute to escalating tension in a given situation. 8
Recomendaciones relacionadas (1)
R1: The Grand Jury recommends that a pilot program be established so that in all contacts the officer provides, when feasible, a business card to the civilian which includes officer name and badge number. In addition, the card should include contact information for the SJPD, the Internal Affairs Office, and the Independent Police Auditor’s Office. This would reduce the likelihood of confrontation when an officer is asked to provide this information.
F2: Many individuals do not report perceived abuses or incidents of racial profiling due to concerns about retribution from the SJPD.
Recomendaciones relacionadas (1)
R2: In addition to formal channels such as Internal Affairs and the Independent Police Auditor’s Office, the Grand Jury recommends that an additional conduit for communicating in confidence with the SJPD be established. This might take the form of high-level SJPD officers serving as focal points for minority concerns. The Grand Jury recommends identifying officers whose ethnic backgrounds might make individuals more comfortable making complaints. This could encourage bringing to light specific concerns in confidence and without fear of retribution.
F3: The IPA provides an alternate way for citizens to report police harassment or abuse. At present, citizen complaints are shared between the IPA and IA. Regardless of where a complaint is filed, any formal investigation is done by IA. The IPA only audits the results of investigations by IA and either agrees or disagrees with them. The IPA does not conduct independent investigations. In cases of unresolved disagreement between the IPA and IA, the IPA can request further investigation by writing to the City Manager.
Recomendaciones relacionadas (1)
R3: The Grand Jury believes that the IPA’s role and responsibilities should be expanded to allow a level of investigatory powers in addition to its current audit responsibilities. The Grand Jury recommends that a review of similar police audit functions in other large cities be initiated. This should identify models which could be used to augment the IPA mission. 9
F4: The City of San Jose does not have a police Civilian Review Board, as exists in some other large cities.
Recomendaciones relacionadas (1)
R4: A task force should be convened to explore and determine whether or not a Civilian Review Board would be an appropriate additional mechanism for citizens to report cases of racial profiling or other abuse.
F5: Outreach programs can be effective in promoting understanding between persons of all ethnic backgrounds and sources of authority such as the SJPD.
Recomendaciones relacionadas (1)
R5: SJPD training should continue to include participation in community outreach programs.
F6: The cost to the City of San Jose of policing the EZ is significant. During fiscal year 2005-2006, police overtime costs are stated to be about $840,000. Also, long shifts may contribute to officer stress, fatigue, and performance degradation.
Recomendaciones relacionadas (1)
R6: Even given labor agreements, the SJPD should reassess its current shift schedules to minimize holding officers past their assigned shifts.
F7: The EZ club owners and the SJPD have differing priorities in maximizing business profits and in maintaining order.
Recomendaciones relacionadas (1)
R7: The City management and SJPD should continue to work to establish a more synergistic relationship with EZ merchants. For example, club closings might be staggered to ease street congestion. Consideration should be given to having club 10 owners participate in subsidizing patrolling costs. In no case should police officers be employed by club owners.
F8: The San Jose Youth Protection Curfew Ordinance is not widely enforced, in part because of the large numbers of youths present at peak times in the EZ.
Recomendaciones relacionadas (1)
R8: The City, and especially the SJPD, should work with community organizations to encourage parental responsibility in overseeing youth activities and to promote adherence to curfew ordinances. PASSED and ADOPTED by the Santa Clara County Civil Grand Jury on this 1st day of May 2006. ________________________________ Thomas C. Rindfleisch Foreperson 11
Hallazgos & Recomendaciones 4 hallazgos
F1: The San Jose Department of Parks, Recreation and Neighborhood Services has a well-defined front-end process for the review and approval of CAP Grant applications. It appears that the Acting Superintendent, who was recently assigned to this position, is working to improve the efficiency and effectiveness of the Grant award and administration process.
F2: Reports from four of nine files from Cycle 18 examined by the Grand Jury in late October were past their August 31, 2005 due date. No documented extensions had been requested or approved for these late reports. Evidence exists that an effort was made by PRNS staff to follow up on these delinquencies by the time the Grant files were examined by the Grand Jury during the meeting on October 26.
Recomendaciones relacionadas (1)
R2: A clarification or revision of existing policies and procedures should be established immediately to document specific actions enforcing submission of delinquent Grant final reports and financial information. Procedures should include documented telephone and written contacts with the responsible NCAs. Sanctions for non-compliance should be defined. These could include returning awarded Grant funds or forfeiting eligibility for subsequent Grants.
F3a: Existing Grant schedules overlap the end of one year’s cycle with the start of the next year’s cycle. During this overlap a new Grant may be awarded while a previous Grant is being completed. This overlap does not allow an NCA to receive Grants in successive years without violating the policy requiring submission of all reporting information prior to approving a new CAP Grant (see Figure 1).
F3b: While examining the seven Cycle 18 files, the Grand Jury found that two awards were issued for Cycle 19, even though required Cycle 18 reporting information was incomplete. In addition, one Grant was issued in Cycle 18, even though required reporting information from Cycle 15 was still missing. Established PRNS policies and procedures for CAP Grants make it clear that all required documentation for a given award must be submitted prior to the issuance of a new award in any subsequent CAP Grant cycle.
Hallazgos & Recomendaciones 4 hallazgos
F1: No crosschecking is required to verify that the individuals who register to vote are U.S. Citizens. The entire process is based on an honor system which presumes that an individual will not commit perjury when registering to vote.
Recomendaciones relacionadas (1)
R1: The Board of Supervisors and the Registrar of Voters should request that members of the California State Legislature and U.S. Congress develop legislation which will require new voter applicants to provide proof of U.S. citizenship when registering to vote. 8
F2: No clearly defined, readily available process exists for registered voters to request termination of their permanent absentee ballot status. The Assistant ROV indicated her office would pursue a more formal approach to allow voters to change absentee ballot status.
Recomendaciones relacionadas (1)
R2: The Registrar of Voters should create an official mechanism to allow registered voters to terminate their permanent absentee voting status.
F3: Different procedures exist for the administration of benefit assessment elections. Under Proposition 218, a sponsoring agency can enter into an agreement with an outside vendor to conduct such elections. Elections can also be conducted by the ROV, or entirely internally by the sponsoring agency. Even though within the law, the latter approach raises concerns about potential conflicts of interest.
Recomendaciones relacionadas (1)
R3: All benefit assessment elections should be conducted by an outside vendor, selected through an RFP process, or by the Registrar of Voters. Whatever the method, elections should be conducted in an open, monitored manner.
F4: The Registrar of Voters is not responsible for conducting Proposition 218 benefit assessment elections directed towards parcel owners. The ROV may be requested to conduct an election by the sponsoring agency, but is not obligated to do so.
Recomendaciones relacionadas (1)
R4: The Registrar of Voters should act as a “center of competency” to provide advice and counsel on best election practices. This role should include coordinating the development of generic RFP guidelines. These should be made available on the ROV web site to all agencies within the County. The web site should also include a portal to previously executed RFPs and qualified vendors. PASSED and ADOPTED by the Santa Clara County Civil Grand Jury on this 1st day of March 2006. ________________________________ Thomas C. Rindfleisch Foreperson 10
Hallazgos & Recomendaciones 6 hallazgos
F1a: The Grand Jury finds that the Sheriff’s Office has provided good administrative support to the MEC Office during its first 18 months of transition. Quarterly and annual operational assessments have been conducted and document positive results. The most recent evaluation report of the MOU supports this progress, and has led to continuation of the MOU for a second year.
F1b: The Grand Jury could not identify a common vision among County management for a permanent organizational structure for the MEC Office. A permanent structure would give the MEC Office a sense of stability, and could also help in recruiting and retaining Medical Examiners.
F2: The experience of the two board-certified Assistant Medical Examiners is limited. Both the District Attorney and MEC Office Administrator acknowledged that a more experienced Medical Examiner would be a positive addition to the Office.
Recomendaciones relacionadas (1)
R2: Recruit a respected, board-certified, seasoned forensic pathologist for the Santa Clara County MEC Office, who would carry the title of Chief Medical Examiner. This person should be situated organizationally so as to ensure independence and objectivity of this Office. 8
F3: Some final Medical Examiner case reports are submitted late. Standards in other Bay Area MEC Offices are that once all laboratory and forensic analyses are received, reports are expected to be completed within one month.
Recomendaciones relacionadas (1)
R3: Implement a formal computerized case-tracking tool to monitor progress of all cases from opening to closure, and use this tool to ensure timely reporting. Report timeliness should be included as a factor in annual performance reviews of Medical Examiner personnel.
F4a: The current “one size fits all” protective clothing can be both cumbersome and a serious safety problem for smaller or larger stature personnel.
F4b: No comprehensive long-term capital improvement plan existed for the MEC Office at the time of the Grand Jury visit, for example, to upgrade X-ray technology.

Hallazgos y recomendaciones aún no extraídos.