Santa Cruz County Grand Jury
2006-2007
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 (16)
Findings & Recommendations
53 findings
F1:
The case studied involved one company having a large number of parcels and multiple businesses. It was necessary for the assessor, with the property owner’s eventual concurrence, to segregate the parcels and associated improvements and other assets in order to determine which parcels, improvements and other assets were related to the requested assessment reduction. Property Assessment: What’s Business Property Really Worth? - 19 2006-2007 Santa Cruz County Grand Jury Final Report with Responses
F2:
The business associated with the requested assessment reduction in this particular case is relatively unique making the use of “comparables” difficult. The Assessor’s Office, therefore, relied on the Income Method for determining the value of the property.
F3:
The initial assessment was established using base-year values adjusted per the requirements of Proposition 13 and augmented by annual valuations of equipment. Reductions under the auspices of Proposition 8 were based on multiple factors including the capitalization of the business’ five-year average income stream.
F4:
A one-year study of the business was conducted by the assessor. Industry experts were consulted to assure the assessor’s understanding of the business and the reasonableness of various valuations.
F5:
Externally audited consolidated financial reports were used as a starting point for the income analysis. Secondary financial reports, isolating the business associated with the requested assessment reduction from the consolidated financials, were prepared by the property owner.
F6:
The property owner’s accounting processes, audited consolidated financial reports and breakouts were tested by the assessor’s staff working both at the property owner’s site and in the Assessor’s Office.
F7:
An agreement stipulating the value of the property in question for tax purposes (Settlement Agreement and Mutual Release) was approved by the Assessment Appeals Board and executed by the property owner and the county.
F8:
Annual reviews by the assessor of the reduced assessment are being conducted as required. Conclusions
F9:
The results cartridges for the touch screens and memory packs for the scanners are created on a stand-alone computer at the warehouse. They are then loaded and sealed into the appropriate precinct equipment and stored until ready to be shipped to the polling place. Access to both the warehouse and office are controlled through the use of color-coded security badges. - 6 Electronic Voting 2005 – 2006 Santa Cruz County Grand Jury Final Report with Responses Four Elections Department supervisors with the widest access to the county's voting machines and voting materials have their own color-coded badge. Temporary employees, who must be escorted and supervised inside the secure area, have a different color badge, as do permanent Elections Department employees, visitors and exhibitors, and voting machine vendors. Response from the Elections Officer: In addition, entrance into the secured area where voting equipment is stored and programmed is locked in a separate caged facility within the warehouse and entrance is restricted only to three people who have clearance.
F10:
The warehouse has an alarm system, provided by First Alarm. An access card is required in order to enter. The Information Systems Analyst, Department Information Systems Specialist and the Election Officer have the First Alarm access code. Response from the Elections Officer: Only the County Clerk, Assistant County Clerk and Department Information Systems Specialist have the access code and magnetic card for access.
F11:
A large door is locked from the inside. All equipment is within a caged area of the warehouse with controlled access. Response from the Elections Officer: In addition, there is 24-hour camera surveillance of the warehouse facility. C. Poll Site Security/Physical Equipment
F12:
The assigned person at each precinct picks up the voting equipment from the warehouse the day before the election. The cartridges are already in place and sealed. A poll worker takes the equipment home. On election day, they take it to the polling place and set it up. Response from the Elections Officer: We have four distribution centers: the Warehouse, Felton Fire, Aptos Library and Watsonville City Hall. In addition, we deliver equipment and supplies to the Inspectors at our Summit precincts on the Thursday before Election Day.
F13:
At the close of the polls, two designated persons break the seals on the results cartridge and the memory pack and remove them from the machines. Cartridges and seals are put in a sealable orange bag. The printer is removed from the touch screen machine for transport. The orange bag and printer are prepared by an inspector and a designated person. These items are taken to the election department, where the bags are checked, verified, and stored in the Information Systems Analyst office until ready to tally. The person who checked out the equipment and brought it to the polling site is also responsible for taking it back to the county building. All voting equipment is eventually returned to the warehouse for storage. Electronic Voting - 7 2005 – 2006 Santa Cruz County Grand Jury Final Report with Responses Response from the Elections Officer: There are three return centers: The County Government Center, Watsonville City Hall and Felton Fire Station. We are looking into adding more in the future.
F14:
After the November 2006 election, the above process was reviewed by election staff. It was found that there were delays in equipment check-in. Response from the Elections Officer: In the future, the number of return centers will increase in an effort to decrease the time it takes for poll workers to return equipment and supplies.
F15:
The issue of fire protection of the polling places was not addressed when the polling places were chosen. Since most poll sites are in public buildings, it was assumed that the fire protection available at the poll site location would be relied on. Response from the Elections Officer: Correct.
F16:
The strategy to put just one touch screen at each polling place proved to be a good one. It satisfied the requirements for voter accessibility while providing more current technology for voters. The mixture of technology also provided backup. If the printer or other equipment had a problem, voters had another way to cast their votes.
F17:
Sequoia Systems is a state-approved vendor for the new voting equipment. They were chosen by Santa Cruz County to provide the voting equipment. Response from the Elections Officer: The system is federally-qualified and state-certified. On August 3, 2007, the SOS re-certified the system subject to conditions.
F18:
The touch screen voting machine has a printer which records the votes. It has 300 feet of paper inside the machine. During the last election, the paper often jammed. Response from the Elections Officer: There were a dozen paper jams on 140 units deployed. Personnel have since been trained to identify and correct most of the paper jamming problems.
F19:
During the November 2006 election, two or three scanners failed and at least 12 printers jammed. When the failed scanners were tested, it was determined that they probably had been damaged in transport. Response from the Elections Officer: Two scanners were replaced at the beginning of the day due to malfunctions. Processes were in place for replacement equipment to be rapidly deployed. There was no delay in voting. Other scanner problems occurred, but they were operator error and were resolved via phone conversations with trained staff.
F20:
The 400C Ballot Counter Machine reads the ballots very quickly. However, the catch basket, which is located outside the machine, is not large enough to hold all of the ballots. As a result, ballots can get bent or be ejected onto the floor. - 8 Electronic Voting 2005 – 2006 Santa Cruz County Grand Jury Final Report with Responses Response from the Elections Officer: One person operates the 400C while two people collect ballots. This system ensures the least amount of stress on the ballots, so they are easily stored in ballot storage containers. We had 2 ballots fall on the floor and they were retrieved.
F21:
The results cartridge plugs into touch screen equipment. It contains a database for capturing the votes as they are input by the voter. This cartridge cannot be removed without breaking a seal. Response from the Elections Officer: Correct.
F22:
The memory pack plugs into the optical scanner. It also uses a database for capturing the votes as they are input when the ballot is scanned. The memory pack cannot be removed without breaking a seal. Response from the Elections Officer: Correct.
F23:
Firmware (software imbedded in the machine) operates the machines. The Secretary of State demands the firmware be at a specific level (version). It cannot be changed after 60 days prior to election. A test is run to ensure the firmware level (version) is correct. Response from the Elections Officer: Correct.
F24:
To ensure the reliability and accuracy of the equipment, logic and accuracy testing is conducted by the vendor and county personnel. Some experts believe that this testing is insufficient for validating the accuracy and reliability of the vote. They argue that it consists only of verifying whether the equipment is working. It does not evaluate the equipment’s security. Response from the Elections Officer: Logic and Accuracy tests are done by elections staff and a Logic and Accuracy board made up of people from our community. The vendor is not involved in this test. The test uses ballots, either paper or electronic, where the vote totals are known. The tests are run to ensure that the machines are counting correctly. An observation panel is invited to watch these tests. It is not a security test. Security is achieved through the processes and procedures we have in place as well as meeting the conditions required by the Secretary of State. Equipment security improvements are also being implemented by the vendor. Sequoia currently has voting system upgrades going through the federal qualification process that address identified security concerns.
F25:
After they are finished voting, voters who use the touch screen equipment can verify the accuracy of their votes by looking at a compilation of their votes that is displayed in a window on the machine. Electronic Voting - 9 2005 – 2006 Santa Cruz County Grand Jury Final Report with Responses Response from the Elections Officer: It is displayed on a Voter Verified Paper Audit Trail that is under a window attached to the machine.
F26:
Following a written procedure, the designated poll worker and one other poll worker break the outer seal and assist the first voter to verify prior to his or her vote that the “total votes” displayed is zero. Both the poll worker and the voter sign an official document verifying that the vote count is zero. Response from the Elections Officer: The zero vote report is verified in writing by the first voter on the touch screen and the first voter who uses a paper ballot that is scanned into the scanner.
F27:
On 10 percent of machines, a random sample with full paper recount is taken to check that the machines are tallying correctly. Response from the Elections Officer: Correct. SOS conditions require a 100 percent manual recount.
F28:
After the November 2006 election, Capitola initiated a manual recount. Each precinct was reconciled separately. With approximately 3000 votes to count, it came out to within one vote of the machine count. The final election results did not change. Response from the Elections Officer: There was a recount requested for the Capitola City Council contest as well as the Watsonville City Council, District 5 contest. In both cases, a voter marked a vote on a paper ballot outside of the voting target area so the vote could not be read and tallied by the ballot counters. In both cases, this one ballot did not affect the outcome of the contests.
F29:
During the November 2006 election, a number of absentee ballots had to be redone due to the types of pens used. Some voters used pens that bled through the paper and could not be read by the scanner. Response from the Elections Officer: Better instruction will be provided to voters in the future. Voters are instructed to use a blue or black ink pen. Pencil also works. But when voters use a Sharpie or felt-tip pen, the mark bled through the back-side of the ballot and resulted in untended votes on contests printed on the back side. A better stock of paper could also help this situation, but could increase postage due to weight. Ballots that had to be remade to reflect voter intent were done so in accordance with the law. - 10 Electronic Voting 2005 – 2006 Santa Cruz County Grand Jury Final Report with Responses
F30:
Provisional ballots were being used for voters who had come to the wrong polling place. Some provisional ballots had to be redone because they were folded the wrong way. Response from the Elections Officer: There are fold marks on the paper ballots. In the future, poll workers will be trained on how to fold the ballot correctly. Ballots that had to be remade to reflect voter intent were done so in accordance with the law.
F31:
An organized training plan with documentation was provided for the poll workers and inspectors. One person at each polling site was trained and certified to use the machines. There were “rovers” who traveled between polling sites to check on machines and supplies. Response from the Elections Officer: In most cases, there were two people assigned to each polling place who were trained on the machines. In addition, there were two other people one Technical Rover and one Roving Inspector who were assigned a few sites to visit frequently during the day. In one case, one person served in both roles of the Technical Rover and Roving Inspector. The Technical Rover had additional training on how to troubleshoot problems with voting equipment at the polls. The Roving Inspector was trained on overall polling site operations and access issues. In addition, there were Runners at the elections headquarters who were trained to be dispatched where needed.
F32:
Before the November 2006 election, county staff did a lot of on-the-job training while concurrently preparing for the election because the equipment arrived late. Response from the Elections Officer: Correct. We work under very tight deadlines that cannot be extended.
F33:
The training documentation from the vendor had to be completely redone because it had to be customized to the design of the Santa Cruz County election model. Response from the Elections Officer: Correct.
F34:
In the future, the Elections Department plans to create a professional DVD to supplement poll worker training. Response from the Elections Officer: Correct. It is currently in process.
F35:
Poll workers have documentation binders which have flip charts and checklists. Also, they are trained how to deal with the press and observers. Response from the Elections Officer: Correct. Electronic Voting - 11 2005 – 2006 Santa Cruz County Grand Jury Final Report with Responses
F36:
Poll workers indicated they wanted more “hands-on training” with the machines in addition to having more poll workers trained on the equipment. These machines are sophisticated computer equipment, and if something goes wrong, many poll workers don’t know what to do. (See Poll Worker Survey in the Appendix for more information.) Response from the Elections Officer: The Department offered an open lab from 8 a.m. to 5 p.m. Monday – Friday during the weeks prior to the Election with extra hours available in the evening and on the weekend upon request. Election workers were encouraged to take advantage of this extra hands-on training. Many did. In the future, we plan to move this lab to another location and better communicate to our election workers its availability.
F37:
The physical arrangement of the polling places was similar to past elections. This consistency contributed to a stable atmosphere. Response from the Elections Officer: Correct.
F38:
The touch screen machine was positioned with the back of the machine to the wall. This placement meant that the voter’s selections could be seen by others standing nearby. Response from the Elections Officer: We wanted to protect the back side of the machine which needs to be manual activated to pull up a ballot. The machines do not lend themselves to be turned around easily. A solution to this issue is being discussed with staff and the vendor.
F39:
The county was proactive in making the touch screen machine wheel chair accessible by re-engineering the support legs. In addition, they custom designed carrying bags for the scanner. Response from the Elections Officer: Correct.
F40:
Santa Cruz County was sued by the State Attorney General for not following Americans with Disabilities Act (ADA) regulations for polling sites. The parties agreed to settle the lawsuit without finding that the county had violated the ADA regulations. Response from the Elections Officer: Correct.
F41:
Some polling places that were shared by more than one precinct also shared touch screen machines. This arrangement caused some confusion because voters had to identify which precinct they were voting in as the first step in the voting process, and many did not know. - 12 Electronic Voting 2005 – 2006 Santa Cruz County Grand Jury Final Report with Responses Response from the Elections Officer: Our plan is to purchase additional touchscreens and scanners to allow us to assign one of each to each voting precinct. This plan is on hold pending final clarification from the SOS on the conditional certification of the voting equipment and renewal of the Help America Vote Act contract to allow these costs to be covered by the federal funds. It is very possible the additional equipment will not be received in time for February 2008, but we anticipate having them in time for June 2008.
F42:
In the start-up process for the new voting system, the Department Information Systems Specialist, Elections Officer, Assistant County Clerk and the Information Systems Analyst were trained first, and then they were able to provide training for others. Sometimes training occurred simultaneously with the installation of the new equipment. Response from the Elections Officer: Correct.
F43:
The staffing for the poll places was conducted in the same manner as in previous elections. Polling place staff is typically temporary help from the community. The polling place supervisors are relied upon to pick up the equipment at the warehouse the day before the election, keep it at their houses overnight and take it to their polling places in the morning for set up. Response from the Elections Officer: We had additional staff at the polls and had the addition of the Technical Rovers. We also rely heavily on county workers to serve in the polls. For the 2008 election cycle, the Board has agreed not to hold board meetings thereby freeing up additional county workers who can serve in the polls.
F44:
In an effort to educate the public, the Elections Department distributed thousands of voter pamphlets to the public via U.S. mail. The department personnel also gave speeches and distributed educational material at local public schools, bookstores, the Capitola Mall, and the county fair. Media promotion included television and public radio interviews and press releases. Response from the Elections Officer: In addition, a flyer introducing the new voting system was mailed to every registered voter. County Sample Ballots are also mailed to every registered voter in addition to being available on our website at www.votescount.com
F45:
Despite the education campaign, some voters were confused as to how to mark their ballots. For example, some voters who used the paper ballots did not understand how to connect the arrows to the candidate or issue they were voting on. Electronic Voting - 13 2005 – 2006 Santa Cruz County Grand Jury Final Report with Responses Response from the Elections Officer: We found voters were better able to follow this new voting method than when we switched from a punch card voting system to a marking system. Even with the previous Mark-A-Vote ballot, voters often circled choices or made some other mark to make their selections. We continue to try to improve ways to educate voters on how to mark their ballots.
F46:
In general, voters who used the touch screen machine seemed unaware of the importance of verifying their votes by comparing them with the compilation of their ballot that was visible through a window on the machine. Response from the Elections Officer: It’s hard to say what voters find important. Some voters mark a paper ballot so quickly they fail to vote the back side. I believe all voting takes time, care and consideration and choices whether made electronically or on paper require double checking to ensure the voter marked his/her choices as intended. Certainly checking the paper record on a touch screen unit to confirm the electronic record provides reassurance that the vote was recorded accurately, if the voter wants that reassurance. Poll workers will be asked to remind touch screen voters to verify their votes on the VVPAT.
F47:
County election officials determined that there would be one touch screen at each polling place. The new scanner would be the main voting machine. They reported that this choice proved to be a good decision. Not only did it provide the necessary accommodations for voters with disabilities, but it also ensured the reliability of the voting process. Having a mixture of technologies ensured that votes could be cast in the event of equipment failures. For example, if the touch screen printer jammed, except for those who are sight impaired, voters had an option to use a paper ballot.
F48:
A recent news release announced that Florida will shift its voting system to a system of casting paper ballots counted by scanning machines. Several counties around the country will be moving to adopt the touch screen system with the paper trail.
F49:
On election day, the Grand Jury conducted a two-part poll worker survey and collected 104 surveys for analysis. The first part of the survey covered the poll worker training (see #4 above — Adequacy of Poll Worker Training), and the second part was a critique of the election day process. While most were extremely positive as to the work of the Elections Department, they made substantive recommendations for continued improvement of the elections process including the use and placement of the equipment. [See Appendix for full results of the survey.] - 14 Electronic Voting 2005 – 2006 Santa Cruz County Grand Jury Final Report with Responses One hundred and four poll workers out of a total of 917 in Santa Cruz County were surveyed. They were asked to rate aspects of the voting experience from 1 to 5, with five being the best rating possible. The results were as follows: • Training materials: 4.3 • Overall preparation: 4.0 • Adequacy of election day staffing: 4.5 • Ease of equipment set up: 4.3 • Workers indicated they wanted more training on the machines and “hands on” practice.
F50:
The Grand Jury also conducted exit surveys with 320 voters throughout the county. (The total votes cast was recorded as 50,189 in 170 polling places.) The results of the survey are as follows: • Only about 19 percent of the sample chose to use the touch screen machines. • One hundred percent of those who chose to use the touch screen felt comfortable using it. • Ten percent of those who chose to use the paper ballot with optical scanner felt uncomfortable using it. B. Grand Jury Observations
F51:
Members of the Grand Jury made general observations while conducting the exit voter and poll worker’ surveys at the November 2006 election. They witnessed the failure of some equipment and agreed with many of the solutions suggested by the poll workers. [See Appendix for more information about the survey.]
F52:
During the November 2006 election, it was observed that most poll workers gave paper ballots to the voters and did not indicate that the touch screen method was available.
F53:
It was also observed that not all voters were offered a receipt for voting when they used the touch screen machine. Conclusions
Additional Recommendations
18
Not linked to specific findings.
R1:
Expand the Assessor’s Office web site to include a discussion of how business assessments are conducted. Without disclosing confidential financial information, the methodology used by the Assessor’s Office should be explained for different categories of properties so that the appraisal approach is more transparent. This would enhance the public’s understanding and perception of the fairness of the assessment process. Response: The Assessor PARTIALLY AGREES. The Assessor’s web site, under Property Tax Information, has a pamphlet titled “Business Property.” It explains what we do, who must file, types of property, etc. Based on your recommendation we have added a direct link to the State Board of Equalization handbook, AH 504 Assessment Of Personal Property And Fixtures for additional reference.
R2:
When the income method is used, thoroughly investigate the ownership structure of a business to assure that the Earnings Before Interest, Taxes, Depreciation, and Amortization (EBITDA) is not being reduced through expenses that principally benefit the owners or owner-related parties (e.g., excessive salaries, “consultancies,” travel and entertainment, gifts). If such expenses are found to have reduced the income of the business being evaluated, they should be added back into the stated EBITDA. Response: The Assessor AGREES. It is and has been our practice to review all expenses when analyzing EBITDA.
R3:
When using a business property owner’s financial statements to determine the income stream to be used in the assessment of business property, require that those statements be audited and certified by an independent external auditing firm for the applicable portion of the business. Response: The Assessor DISAGREES. The Assessor has a staff of State Certified Auditor-Appraisers who are qualified to perform all types of business audits. It would be an undue burden on the small business owners to require certification of their financial records by an independent auditing firm. Property Assessment: What’s Business Property Really Worth? - 21 2006-2007 Santa Cruz County Grand Jury Final Report with Responses
R4:
The poll workers should continue to follow procedures established for ensuring the security of the data, which include traceable seals on the memory packs and results cartridges and procedures for handling the seals. If a seal is found broken on a machine, that machine should not be used. In addition, all machines which have a broken seal at the end of the day, should undergo a full manual count. Response: The Elections Officer AGREES. This is also included in the SOS conditions for use of the equipment. Electronic Voting - 17 2005 – 2006 Santa Cruz County Grand Jury Final Report with Responses
R5:
The Elections Department should work with the vendor to solve the various problems that arose with the ballot counter damaging ballots. Response from the Elections Officer: User group meetings with the vendor are held regularly and always have been to solve various problems that come up at all elections.
R6:
The Elections Department should set up procedures for auditing the absentee ballots. Response from the Elections Officer: State law requires this and it will be done.
R7:
Because comprehensive poll worker training proved difficult to provide with a limited staff and it is important to have most poll workers trained on the machines, staffing should be increased so that the management is not stretched too far by overseeing the election process while also training other staff and temporary employees. Response from the Board of Supervisors: This recommendation has been implemented. One new Program Coordinator was added to the Elections Department in the 2006-07 budget. In addition, the training process was complicated last year due to the new system and the short planning/preparation time available due to the state process. The department will also be utilizing training videos to enhance training of poll workers. Response from the Elections Officer: The Elections Department has a new position added to our 2007/08 budget that will focus on polling places and voting equipment. The training videos will also provide a great resource to enhance our training.
R8:
In future elections, the touch screen machines should be set up to provide more privacy for the voter. The side panels should also be larger for privacy in voting. Response from the Elections Officer: We continue to work with the vendor on this.
R9:
Each precinct should have its own touch screen in the future to avoid voter confusion. Response from the Elections Officer: This will be accomplished following the SOS review and approval of the extended HAVA contracts, but it may not occur in time for the February 2008 Presidential Primary.
R10:
Because the “ledger” size of the paper ballots was too large to fit comfortably in the old polling booths, the size of the paper should be adjusted to solve this problem. - 18 Electronic Voting 2005 – 2006 Santa Cruz County Grand Jury Final Report with Responses Response from the Elections Officer: It was an extra long ballot. Ballots in the primary will not be so long. It also saved us from moving to a two-card ballot that can cause problems when voters lose one card or only notice one card.
R11:
Because of the common practice of storing the equipment at the polling place supervisor’s house overnight, these supervisors should be identified as far in advance as possible to allow for additional training on security procedures and the vulnerability of the equipment. Response from the Elections Officer: That is always our plan to recruit our inspectors early on and train them. However, cancellations always occur and we have to fill the position and provide last-minute training when needed. We are looking into a tamper- proof bag for the voting units and development of a security plan that will be given SOS approval so we can continue this method of equipment deployment. In the meantime, we are looking into other ways to ensure practical and secure voting equipment deployment.
R12:
The Elections Department should plan to strengthen its “advertising” campaign for future elections. It should focus on educating the voters to verify the paper trail when using the touch screen equipment. Response from the Elections Officer: Verifying correctly voted electronic and paper ballots will be stressed.
R13:
The Elections Department should review the
R14:
Since a number of poll workers dropped out the night before and morning of election day, requiring substitutes that were not trained, a pool of trained alternate poll workers should be available on election day to substitute in case of poll worker absenteeism. Response from the Elections Officer: We always have about a dozen people who are trained report to our office at 6 a.m. on Election Day to be deployed as needed. Election Code Section 12313 does allow the following: If any member of a precinct board does not appear at the opening of the polls on the morning of an election, those voters present, including members of the board, shall appoint a voter to fill the vacancy. If none of the members appointed appears at that time, the voters of the precinct present at that time may appoint a board.
R15:
The report also noted that the district’s use of outside consultants in relation to its construction projects “seems to be working well.” (Id., p.
R16:
Regarding the district’s internal controls, the report “commended” the district “for developing improved standards and procedures,” and concluded that “the business department is operating within a reasonable level of internal controls considering the extreme pressure that the employees are under to keep up with the overwhelming workload.” (Id., p.
R20:
As stated in the report, “the overall internal controls at the Pajaro district are functioning well.” (Id., p. 22.) 4. The superintendent needs to effectively manage instruction and implement a consistent plan throughout the district. Response from the PVUSD: No action will be taken to implement the recommendation. Effective management and planning in the district is already taking place. 4.1 The School Assistance and Intervention Team (SAIT) changes, the District Alternative Governance (DAG) committee recommendations, and those of the Gold Study should be implemented as soon as possible in all the under-achieving schools in the district in order to garner consistency and measurability of the learning benchmarks. Response from the PVUSD: This recommendation is already in the process of implementation, therefore no action is required. The superintendent and cabinet initiated the Gold Study and report, and are implementing the report’s recommendations. The DAG committee is in fact made up almost entirely of the cabinet and other district staff; therefore, the implementation of recommendations was simultaneous with the DAG committee's Report Card: Pajaro Valley Unified School District - 63 2006-2007 Santa Cruz County Grand Jury Final Report with Responses development of same. The SAIT changes were already being incorporated into district actions as the Grand Jury investigation was being conducted. 4.2 The Nine Essential Program Components as set by the California Department of Education and used by the DAG team should be instituted in all regular elementary, middle and high schools in the District. A grid plan similar to the one developed by the DAG team should be worked out for each school using the format and benchmarks set by the DAG report and setting early attainment dates. The assistant superintendents and the superintendent should be the primary persons responsible for performing this task, and the principals and the school staffs should collaborate with one another until all of those benchmarks are set and met. Response from the PVUSD: PVUSD will not take the specific actions recommended by the Grand Jury, as they appear to be based on a misunderstanding of the nature of the DAG committee. The superintendent and assistant superintendents along with one outside consultant and several directors make up the DAG committee. The grid mentioned was developed by the DAG committee, which is an entity of the district. Therefore the district is using the grid that it developed. The assistant superintendents are currently working with other sites to set the benchmarks. 4.3 Those barriers to good education that are management-related — as spelled out in four management studies, the DAG, the SAIT, the Gold Study and the Management Audit Study — should be remedied immediately with assertive, scheduled and measured action by those persons in charge – the superintendent and whatever deputies the superintendent designates. This is a primary responsibility and must not be avoided or delayed by studies and the formation of committees. All of these actions and benchmarks should be in place for the next school year to remove any inconsistencies and failures to teach to approved strategies and goals. Response from the PVUSD: No further action needs to be taken to implement the recommendation. This process is already under way and benchmarks are being established to ensure regular, ongoing implementation. 4.4 District staff should give a monthly status report of the benchmarks accomplished and the status of those in process with scheduled dates of completion. o Those benchmarks not accomplished within the scheduled dates should be discussed and remedied and new firm dates set for accomplishment. o Those benchmarks achieved and verified should be met with much fanfare. This will contribute to credibility of the board and confidence from the community. - 64 Report Card: Pajaro Valley Unified School District 2006-2007 Santa Cruz County Grand Jury Final Report with Responses Response from the PVUSD: This recommendation requires further analysis. The deputy superintendent will review and report back to the board his recommendations within four months. Based on that report, the Board of Trustees will then determine a course of action. 4.5 In concurrence with the Gold Study, the Management Audit Report and the recommendations of many of the stakeholders, an expert curriculum specialist should be hired immediately and given the responsibility and authority to review the integrity and consistency of the district-wide curricula, texts, standards and teaching strategies. Response from the PVUSD: No further action needs to be taken to implement this recommendation, as the Board of Trustees has recently hired a deputy superintendent who is a curriculum and instruction specialist. This was done despite protests from various groups and individuals who felt this position was not needed. (Also see the above response to the Conclusion 4, regarding the district's efforts to manage and implement a consistent instructional plan.) 5. The purpose and attendance requirements of zone meetings should be clearly defined. The meetings should be well publicized and accessible to all. Agendas and minutes should be readily available. Response from the PVUSD: No action on the recommendation will be taken. The purpose of zones is already sufficiently defined. Meetings are already publicized and are accessible to all, being held at public school sites. Agendas and minutes are and have been available upon request, as explained in the district's response to Finding 21.6, above. 6. Zone management should establish a uniform method of communicating their deliberations and actions to the board. Response from the PVUSD: The recommendation requires further analysis. The newly hired deputy superintendent will review and determine if any change in practice regarding communication between the Board of Trustees and zone management are warranted, and will advise the board within six months if he believes action by the board needs to be taken.
R10-02:
Resume August 2002, Dr. Mary Anne H. Mays Ed.D 12-29-02 Newsmaker of the Year PVUSD Trustees: Board names new high school, hires female superintendent, Santa Cruz Sentinel 2003 2003 The Brown Act, Open Meetings for Local Legislative Bodies (The California Attorney Generals Office, 2003, p. 1.) 10-24-03 Friday Board Update, October 24, 2003, Dr. Mary Anne Mays, pg. 2 2004 4-3-04 Fifty years after Brown v. Board of Education, segregation no longer black and white, The San Diego Union-Tribune [Article on integration using PVUSD as an example] 10-12-04 Management Audit, Organizational and Efficiency Study, October 12, 2004, School Services Corporation 10-25-04 The Education Innovator, October 25, 2004 www.ed.gov/print/news/newsletters/Innovator/2004/1025.html 2005 2-05 Dr. Mays’ Reply to Management Audit, Planning Operational Improvements and Efficiency, February 2005, Superintendent, Dr. Mary Anne Mays 6-30-05 Watsonville “Emergency Card” OPT-OUT a Winner, Santa Cruz Indymedia 11-2-05 The Pajaro Valley Unified School District Creates Innovative Ways to Challenge Reading Skills, Graniterock Press Release for press conference [Regarding the Million Word Campaign] 2006 2006 Student Success, A Shared Vision, 2006 Report to the Community, Santa Cruz County Office of Education 2-10-06 Contentious PVUSD board race began with Superintendent’s exit, Times Publishing Group 3-24-06 PV school superintendent resigns, Santa Cruz Sentinel 4-4-06 Pajaro Superintendent Dr. Mary Anne Mays Resigns, The Mid-County Post - 66 Report Card: Pajaro Valley Unified School District
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Findings & Recommendations
53 findings
F1:
The specific project list which defines for the voters what they are voting on is not clear and consistent in the District Master Plan, voter pamphlet, COC Annual Report and the performance audits. Response: The Cabrillo Community College Governing Board DISAGREES. Cabrillo College has consistently met all of the reporting and compliance requirements for school bond funds. The purposes of each of the reports, 1) District Facility Master Plan, 2) COC Annual Report and 3) Proposition 39 performance audit differ from the purpose of the voter pamphlet. • The District Facility Master Plan (FMP) is a comprehensive document that sets forth a long term vision for the facility needs of the college. It includes projects funded not only by local bond funds, but also funds provided by the state capital outlay program, redevelopment agencies, and local contributions. Twice a year, the FMP is submitted to the Governing Board at a public meeting for approval and to the COC for review. This report provides a detailed summary of projects recently completed, projects under construction, and projects approved for future construction. This semi-annual report also provides recommendations for changes to FMP projects; scope, budget or schedule. In addition, a monthly FMP Project Status Report is submitted to the Governing Board and to members of the COC for their review. This report provides monthly updates on the status of major active FMP projects. • In compliance with Proposition 39, the voter pamphlet is a brief summary of portions of the Facility Master Plan which are authorized projects to be funded with Measure D funds. • The COC Annual Report contains a summary of the “results of its (COC) activities” for the prior year. (Ed. Code 15280) and a statement regarding whether the District is in compliance with state law in accounting for and expending public bond funds. Window Dressing or Effective Oversight? - 6 • The Proposition 39 Annual Performance Audit reflects only a description of the projects on which bond money was spent as authorized by Measure D and a conclusion as to whether or not bond funds were used for teacher or administrator salaries.
F2:
The district has narrowly interpreted (as reflected by the development and provisions in the by-laws) the requirement for COC independence. It meets the minimum membership requirements specified in the California Education Code. Response: The Cabrillo Community College Governing Board DISAGREES. COC “independence” means that the committee is not populated with persons who have conflicts of interest with the District, the implementation of Measure D, or the consultants who assist in the execution of Measure D. In all respects the establishment and empowerment of the District COC satisfies all Proposition 39 requirements. The COC satisfies the membership requirements of Education Code 15282, is totally independent, and satisfies Education Code 15278(b) which states: “The purpose of the citizens' oversight committee shall be to inform the public concerning the expenditure of bond revenues.”
F3:
The district limited the membership to the legally required seven members and did not pursue expanding the number of members to obtain relevant expertise on the oversight committee to provide more effective oversight. Response from the Cabrillo Community College Governing Board: The Cabrillo Community College Governing Board AGREES that the membership of the COC satisfies the legal requirements, and DISAGREES that the District did not pursue expanding the membership beyond the requirements of the Education Code. Expanding the membership was discussed with the District bond counsel who advised against membership expansion on the grounds it would defeat the legislative intent of Proposition 39 and dilute the voice of members who represent groups often opposed to bond taxes, i.e. taxpayers, seniors, and business persons. The expertise of the members of the COC represents the community’s interest in providing effective and knowledgeable oversight of Measure D funds as follows: • General contractor/developer with significant number of construction projects, apartments, homes, school facilities • Local business owners: insurance, food franchise • Previous experience on school oversight committees • Public School Board Member • Local Financial Institution Board Member • Community relations • Representative of very large local employer • Santa Cruz County Assessor • Technical writer, editor • Student Senate leadership and budget management – 7 Window Dressing or Effective Oversight?
F4:
The Citizen Oversight Committee by-laws were, in effect, imposed on the committee without significant discussion or a vote by the committee members. These by-laws limited the committee’s authorized activities (only four listed activities) to less than what was communicated to the voters that is to “work with the Citizen’s Oversight Committee on prioritizing ... projects...” per the voter pamphlet. Response: The Cabrillo Community College Governing Board DISAGREES. As formulated by the Education Code, the COC is an advisory committee empowered by State law, established by the Cabrillo College Governing Board, overseen by the Governing Board and the COC is without the authority to expand its powers or establish its own bylaws. While the bylaws did not reflect the phrase from the Full Ballot Text that the “District would work with the Citizens’ Oversight Committee on prioritizing those project in the event factors beyond the District’s control require that projects be reconsidered,” such inclusion was not necessary. The District has had a successful, open dialogue with the COC regarding what projects have been selected for funding, and how those projects progress; Student Activities Center, Arts Education Classrooms, Allied Health Classrooms, Watsonville Educational Center Expansion, accessibility projects, and remodeling and renovating existing and vacated classroom, lab and office space. In fact, only one Measure D project has been deferred, the second access bridge across Soquel Drive, and the deferral of the project was discussed with the COC.
F5:
The independent performance audit reports by two CPAs did not express an opinion about whether or not there had been any misappropriation of funds. Response: The Cabrillo Community College Governing Board PARTIALLY AGREES. Proposition 39 does not provide any guidance as to the content of a performance audit. In the absence of performance audit standards, Cabrillo worked with their auditors prior to the audit to define a process that fulfills the intent of Proposition
F6:
The district has not defined and published an integrated construction quality control program document and a construction safety program document for the Measure D projects. Window Dressing or Effective Oversight? - 8 Response: The Cabrillo Community College Governing Board DISAGREES The District has defined quality control and safety program requirements in the contracts with the construction managers, architects, inspectors and contractors. The contractors are contractually responsible for the quality of their work as described in the contract documents, Section 2.3.4.2 (Construction Quality). The construction manager has the authority and responsibility to address defective or deficient construction or workmanship as stated in section 2.3.4.3 of the contract (Rejection of Work). The Inspector of Record also has responsibility for the quality of work on the site as required by Section 9-81130 of the Education Code. In addition the Architect of Record’s agreement with the District requires that the Architect shall “advise the District regarding defects and deficiencies observed by the Architect in the work of the contractors.” With regards to safety, the contractors are clearly responsible for safety on the job site as defined in section 4.9.1 of their General Conditions which states: The Contractor shall be solely responsible for initiating, maintaining and supervising all safety programs required by applicable law, ordinance, regulation or governmental orders in connection with the performance of the contract, or otherwise required by the type or nature of the Work. The Contractor’s safety program shall include all actions and programs necessary for compliance with California or federally statutorily mandated workplace safety programs, including without limitation, compliance with the California Drug Free Workplace Act of 1990 (California Government Code 8350 et seq.). Without limiting or relieving the Contractor of its obligations hereunder, the Contractor shall require that its Subcontractors similarly initiate and maintain all appropriate or required safety programs. With regards to safety each Contractor is defined as the “controlling employer” for purposes of the Multi-Employer Worksite Rules of the California Occupational Safety and Health Administration (California Code of Regulations 336.10). The District has implemented more frequent safety inspections as a result of concerns from the Grand Jury. The District has contracted with Safework to conduct inspections on a twice per month basis and to insure that prior safety notices have been remedied.
F7:
One inspector of record did not agree that he had responsibility for what was called “quality control” by the construction manager. Response from The Cabrillo Community College Governing Board: The Cabrillo Community College Governing Board AGREES that the inspector of record may not have agreed to having responsibility for quality control, but DISAGREES with the inspector of record’s opinion. As mentioned in item 6 the inspector of record is responsible for the document completion on the site as is required by Section 81130 of the Education Code as follows: “(a) The Department of General Services under the police power of the state shall supervise the design and construction of any school building or the reconstruction or alteration of, or addition to, any school building, if not exempted under Section – 9 Window Dressing or Effective Oversight? 81133, to ensure that plans and specifications comply with the rules and regulations adopted pursuant to this article and building standards published in Title 24 of the California Code of Regulations, and to ensure that the work of construction has been performed in accordance with the approved plans and specifications, for the protection of life and property.” The District is not aware of any other inspector on site (of which there are currently five) who agrees with the opinion of the one cited. Conclusions
F8:
The oversight of the Measure D Bond projects is more than “window dressing,” but it can be improved. Window Dressing or Effective Oversight? - 10
F9:
The results cartridges for the touch screens and memory packs for the scanners are created on a stand-alone computer at the warehouse. They are then loaded and sealed into the appropriate precinct equipment and stored until ready to be shipped to the polling place. Access to both the warehouse and office are controlled through the use of color-coded security badges. - 6 Electronic Voting 2005 – 2006 Santa Cruz County Grand Jury Final Report with Responses Four Elections Department supervisors with the widest access to the county's voting machines and voting materials have their own color-coded badge. Temporary employees, who must be escorted and supervised inside the secure area, have a different color badge, as do permanent Elections Department employees, visitors and exhibitors, and voting machine vendors. Response from the Elections Officer: In addition, entrance into the secured area where voting equipment is stored and programmed is locked in a separate caged facility within the warehouse and entrance is restricted only to three people who have clearance.
F10:
The warehouse has an alarm system, provided by First Alarm. An access card is required in order to enter. The Information Systems Analyst, Department Information Systems Specialist and the Election Officer have the First Alarm access code. Response from the Elections Officer: Only the County Clerk, Assistant County Clerk and Department Information Systems Specialist have the access code and magnetic card for access.
F11:
A large door is locked from the inside. All equipment is within a caged area of the warehouse with controlled access. Response from the Elections Officer: In addition, there is 24-hour camera surveillance of the warehouse facility. C. Poll Site Security/Physical Equipment
F12:
The assigned person at each precinct picks up the voting equipment from the warehouse the day before the election. The cartridges are already in place and sealed. A poll worker takes the equipment home. On election day, they take it to the polling place and set it up. Response from the Elections Officer: We have four distribution centers: the Warehouse, Felton Fire, Aptos Library and Watsonville City Hall. In addition, we deliver equipment and supplies to the Inspectors at our Summit precincts on the Thursday before Election Day.
F13:
At the close of the polls, two designated persons break the seals on the results cartridge and the memory pack and remove them from the machines. Cartridges and seals are put in a sealable orange bag. The printer is removed from the touch screen machine for transport. The orange bag and printer are prepared by an inspector and a designated person. These items are taken to the election department, where the bags are checked, verified, and stored in the Information Systems Analyst office until ready to tally. The person who checked out the equipment and brought it to the polling site is also responsible for taking it back to the county building. All voting equipment is eventually returned to the warehouse for storage. Electronic Voting - 7 2005 – 2006 Santa Cruz County Grand Jury Final Report with Responses Response from the Elections Officer: There are three return centers: The County Government Center, Watsonville City Hall and Felton Fire Station. We are looking into adding more in the future.
F14:
After the November 2006 election, the above process was reviewed by election staff. It was found that there were delays in equipment check-in. Response from the Elections Officer: In the future, the number of return centers will increase in an effort to decrease the time it takes for poll workers to return equipment and supplies.
F15:
The issue of fire protection of the polling places was not addressed when the polling places were chosen. Since most poll sites are in public buildings, it was assumed that the fire protection available at the poll site location would be relied on. Response from the Elections Officer: Correct.
F16:
The strategy to put just one touch screen at each polling place proved to be a good one. It satisfied the requirements for voter accessibility while providing more current technology for voters. The mixture of technology also provided backup. If the printer or other equipment had a problem, voters had another way to cast their votes.
F17:
Sequoia Systems is a state-approved vendor for the new voting equipment. They were chosen by Santa Cruz County to provide the voting equipment. Response from the Elections Officer: The system is federally-qualified and state-certified. On August 3, 2007, the SOS re-certified the system subject to conditions.
F18:
The touch screen voting machine has a printer which records the votes. It has 300 feet of paper inside the machine. During the last election, the paper often jammed. Response from the Elections Officer: There were a dozen paper jams on 140 units deployed. Personnel have since been trained to identify and correct most of the paper jamming problems.
F19:
During the November 2006 election, two or three scanners failed and at least 12 printers jammed. When the failed scanners were tested, it was determined that they probably had been damaged in transport. Response from the Elections Officer: Two scanners were replaced at the beginning of the day due to malfunctions. Processes were in place for replacement equipment to be rapidly deployed. There was no delay in voting. Other scanner problems occurred, but they were operator error and were resolved via phone conversations with trained staff.
F20:
The 400C Ballot Counter Machine reads the ballots very quickly. However, the catch basket, which is located outside the machine, is not large enough to hold all of the ballots. As a result, ballots can get bent or be ejected onto the floor. - 8 Electronic Voting 2005 – 2006 Santa Cruz County Grand Jury Final Report with Responses Response from the Elections Officer: One person operates the 400C while two people collect ballots. This system ensures the least amount of stress on the ballots, so they are easily stored in ballot storage containers. We had 2 ballots fall on the floor and they were retrieved.
F21:
The results cartridge plugs into touch screen equipment. It contains a database for capturing the votes as they are input by the voter. This cartridge cannot be removed without breaking a seal. Response from the Elections Officer: Correct.
F22:
The memory pack plugs into the optical scanner. It also uses a database for capturing the votes as they are input when the ballot is scanned. The memory pack cannot be removed without breaking a seal. Response from the Elections Officer: Correct.
F23:
Firmware (software imbedded in the machine) operates the machines. The Secretary of State demands the firmware be at a specific level (version). It cannot be changed after 60 days prior to election. A test is run to ensure the firmware level (version) is correct. Response from the Elections Officer: Correct.
F24:
To ensure the reliability and accuracy of the equipment, logic and accuracy testing is conducted by the vendor and county personnel. Some experts believe that this testing is insufficient for validating the accuracy and reliability of the vote. They argue that it consists only of verifying whether the equipment is working. It does not evaluate the equipment’s security. Response from the Elections Officer: Logic and Accuracy tests are done by elections staff and a Logic and Accuracy board made up of people from our community. The vendor is not involved in this test. The test uses ballots, either paper or electronic, where the vote totals are known. The tests are run to ensure that the machines are counting correctly. An observation panel is invited to watch these tests. It is not a security test. Security is achieved through the processes and procedures we have in place as well as meeting the conditions required by the Secretary of State. Equipment security improvements are also being implemented by the vendor. Sequoia currently has voting system upgrades going through the federal qualification process that address identified security concerns.
F25:
After they are finished voting, voters who use the touch screen equipment can verify the accuracy of their votes by looking at a compilation of their votes that is displayed in a window on the machine. Electronic Voting - 9 2005 – 2006 Santa Cruz County Grand Jury Final Report with Responses Response from the Elections Officer: It is displayed on a Voter Verified Paper Audit Trail that is under a window attached to the machine.
F26:
Following a written procedure, the designated poll worker and one other poll worker break the outer seal and assist the first voter to verify prior to his or her vote that the “total votes” displayed is zero. Both the poll worker and the voter sign an official document verifying that the vote count is zero. Response from the Elections Officer: The zero vote report is verified in writing by the first voter on the touch screen and the first voter who uses a paper ballot that is scanned into the scanner.
F27:
On 10 percent of machines, a random sample with full paper recount is taken to check that the machines are tallying correctly. Response from the Elections Officer: Correct. SOS conditions require a 100 percent manual recount.
F28:
After the November 2006 election, Capitola initiated a manual recount. Each precinct was reconciled separately. With approximately 3000 votes to count, it came out to within one vote of the machine count. The final election results did not change. Response from the Elections Officer: There was a recount requested for the Capitola City Council contest as well as the Watsonville City Council, District 5 contest. In both cases, a voter marked a vote on a paper ballot outside of the voting target area so the vote could not be read and tallied by the ballot counters. In both cases, this one ballot did not affect the outcome of the contests.
F29:
During the November 2006 election, a number of absentee ballots had to be redone due to the types of pens used. Some voters used pens that bled through the paper and could not be read by the scanner. Response from the Elections Officer: Better instruction will be provided to voters in the future. Voters are instructed to use a blue or black ink pen. Pencil also works. But when voters use a Sharpie or felt-tip pen, the mark bled through the back-side of the ballot and resulted in untended votes on contests printed on the back side. A better stock of paper could also help this situation, but could increase postage due to weight. Ballots that had to be remade to reflect voter intent were done so in accordance with the law. - 10 Electronic Voting 2005 – 2006 Santa Cruz County Grand Jury Final Report with Responses
F30:
Provisional ballots were being used for voters who had come to the wrong polling place. Some provisional ballots had to be redone because they were folded the wrong way. Response from the Elections Officer: There are fold marks on the paper ballots. In the future, poll workers will be trained on how to fold the ballot correctly. Ballots that had to be remade to reflect voter intent were done so in accordance with the law.
F31:
An organized training plan with documentation was provided for the poll workers and inspectors. One person at each polling site was trained and certified to use the machines. There were “rovers” who traveled between polling sites to check on machines and supplies. Response from the Elections Officer: In most cases, there were two people assigned to each polling place who were trained on the machines. In addition, there were two other people one Technical Rover and one Roving Inspector who were assigned a few sites to visit frequently during the day. In one case, one person served in both roles of the Technical Rover and Roving Inspector. The Technical Rover had additional training on how to troubleshoot problems with voting equipment at the polls. The Roving Inspector was trained on overall polling site operations and access issues. In addition, there were Runners at the elections headquarters who were trained to be dispatched where needed.
F32:
Before the November 2006 election, county staff did a lot of on-the-job training while concurrently preparing for the election because the equipment arrived late. Response from the Elections Officer: Correct. We work under very tight deadlines that cannot be extended.
F33:
The training documentation from the vendor had to be completely redone because it had to be customized to the design of the Santa Cruz County election model. Response from the Elections Officer: Correct.
F34:
In the future, the Elections Department plans to create a professional DVD to supplement poll worker training. Response from the Elections Officer: Correct. It is currently in process.
F35:
Poll workers have documentation binders which have flip charts and checklists. Also, they are trained how to deal with the press and observers. Response from the Elections Officer: Correct. Electronic Voting - 11 2005 – 2006 Santa Cruz County Grand Jury Final Report with Responses
F36:
Poll workers indicated they wanted more “hands-on training” with the machines in addition to having more poll workers trained on the equipment. These machines are sophisticated computer equipment, and if something goes wrong, many poll workers don’t know what to do. (See Poll Worker Survey in the Appendix for more information.) Response from the Elections Officer: The Department offered an open lab from 8 a.m. to 5 p.m. Monday – Friday during the weeks prior to the Election with extra hours available in the evening and on the weekend upon request. Election workers were encouraged to take advantage of this extra hands-on training. Many did. In the future, we plan to move this lab to another location and better communicate to our election workers its availability.
F37:
The physical arrangement of the polling places was similar to past elections. This consistency contributed to a stable atmosphere. Response from the Elections Officer: Correct.
F38:
The touch screen machine was positioned with the back of the machine to the wall. This placement meant that the voter’s selections could be seen by others standing nearby. Response from the Elections Officer: We wanted to protect the back side of the machine which needs to be manual activated to pull up a ballot. The machines do not lend themselves to be turned around easily. A solution to this issue is being discussed with staff and the vendor.
F39:
The critical component is to design a process that compares the amounts spent to the purposes specified in the bond language the voters approved. This type of report requires that the accountant not issue an opinion, either positive or negative. The auditors have reported in the performance audits the following for Cabrillo: “Our review of the expenditures for the period July 1, 2005 through June 30, 2006, did not reveal any items that were paid from the general obligation bond funds that did not comply with the purpose of the Bonds as approved by the registered voters of the District on March 2, 2004.” The financial audit reports include a summary of what projects were funded with bond monies and state a conclusion whether bond money was or was not used for teacher or administrative salaries or other school operating expenses.
F40:
Santa Cruz County was sued by the State Attorney General for not following Americans with Disabilities Act (ADA) regulations for polling sites. The parties agreed to settle the lawsuit without finding that the county had violated the ADA regulations. Response from the Elections Officer: Correct.
F41:
Some polling places that were shared by more than one precinct also shared touch screen machines. This arrangement caused some confusion because voters had to identify which precinct they were voting in as the first step in the voting process, and many did not know. - 12 Electronic Voting 2005 – 2006 Santa Cruz County Grand Jury Final Report with Responses Response from the Elections Officer: Our plan is to purchase additional touchscreens and scanners to allow us to assign one of each to each voting precinct. This plan is on hold pending final clarification from the SOS on the conditional certification of the voting equipment and renewal of the Help America Vote Act contract to allow these costs to be covered by the federal funds. It is very possible the additional equipment will not be received in time for February 2008, but we anticipate having them in time for June 2008.
F42:
In the start-up process for the new voting system, the Department Information Systems Specialist, Elections Officer, Assistant County Clerk and the Information Systems Analyst were trained first, and then they were able to provide training for others. Sometimes training occurred simultaneously with the installation of the new equipment. Response from the Elections Officer: Correct.
F43:
The staffing for the poll places was conducted in the same manner as in previous elections. Polling place staff is typically temporary help from the community. The polling place supervisors are relied upon to pick up the equipment at the warehouse the day before the election, keep it at their houses overnight and take it to their polling places in the morning for set up. Response from the Elections Officer: We had additional staff at the polls and had the addition of the Technical Rovers. We also rely heavily on county workers to serve in the polls. For the 2008 election cycle, the Board has agreed not to hold board meetings thereby freeing up additional county workers who can serve in the polls.
F44:
In an effort to educate the public, the Elections Department distributed thousands of voter pamphlets to the public via U.S. mail. The department personnel also gave speeches and distributed educational material at local public schools, bookstores, the Capitola Mall, and the county fair. Media promotion included television and public radio interviews and press releases. Response from the Elections Officer: In addition, a flyer introducing the new voting system was mailed to every registered voter. County Sample Ballots are also mailed to every registered voter in addition to being available on our website at www.votescount.com
F45:
Despite the education campaign, some voters were confused as to how to mark their ballots. For example, some voters who used the paper ballots did not understand how to connect the arrows to the candidate or issue they were voting on. Electronic Voting - 13 2005 – 2006 Santa Cruz County Grand Jury Final Report with Responses Response from the Elections Officer: We found voters were better able to follow this new voting method than when we switched from a punch card voting system to a marking system. Even with the previous Mark-A-Vote ballot, voters often circled choices or made some other mark to make their selections. We continue to try to improve ways to educate voters on how to mark their ballots.
F46:
In general, voters who used the touch screen machine seemed unaware of the importance of verifying their votes by comparing them with the compilation of their ballot that was visible through a window on the machine. Response from the Elections Officer: It’s hard to say what voters find important. Some voters mark a paper ballot so quickly they fail to vote the back side. I believe all voting takes time, care and consideration and choices whether made electronically or on paper require double checking to ensure the voter marked his/her choices as intended. Certainly checking the paper record on a touch screen unit to confirm the electronic record provides reassurance that the vote was recorded accurately, if the voter wants that reassurance. Poll workers will be asked to remind touch screen voters to verify their votes on the VVPAT.
F47:
County election officials determined that there would be one touch screen at each polling place. The new scanner would be the main voting machine. They reported that this choice proved to be a good decision. Not only did it provide the necessary accommodations for voters with disabilities, but it also ensured the reliability of the voting process. Having a mixture of technologies ensured that votes could be cast in the event of equipment failures. For example, if the touch screen printer jammed, except for those who are sight impaired, voters had an option to use a paper ballot.
F48:
A recent news release announced that Florida will shift its voting system to a system of casting paper ballots counted by scanning machines. Several counties around the country will be moving to adopt the touch screen system with the paper trail.
F49:
On election day, the Grand Jury conducted a two-part poll worker survey and collected 104 surveys for analysis. The first part of the survey covered the poll worker training (see #4 above — Adequacy of Poll Worker Training), and the second part was a critique of the election day process. While most were extremely positive as to the work of the Elections Department, they made substantive recommendations for continued improvement of the elections process including the use and placement of the equipment. [See Appendix for full results of the survey.] - 14 Electronic Voting 2005 – 2006 Santa Cruz County Grand Jury Final Report with Responses One hundred and four poll workers out of a total of 917 in Santa Cruz County were surveyed. They were asked to rate aspects of the voting experience from 1 to 5, with five being the best rating possible. The results were as follows: • Training materials: 4.3 • Overall preparation: 4.0 • Adequacy of election day staffing: 4.5 • Ease of equipment set up: 4.3 • Workers indicated they wanted more training on the machines and “hands on” practice.
F50:
The Grand Jury also conducted exit surveys with 320 voters throughout the county. (The total votes cast was recorded as 50,189 in 170 polling places.) The results of the survey are as follows: • Only about 19 percent of the sample chose to use the touch screen machines. • One hundred percent of those who chose to use the touch screen felt comfortable using it. • Ten percent of those who chose to use the paper ballot with optical scanner felt uncomfortable using it. B. Grand Jury Observations
F51:
Members of the Grand Jury made general observations while conducting the exit voter and poll worker’ surveys at the November 2006 election. They witnessed the failure of some equipment and agreed with many of the solutions suggested by the poll workers. [See Appendix for more information about the survey.]
F52:
During the November 2006 election, it was observed that most poll workers gave paper ballots to the voters and did not indicate that the touch screen method was available.
F53:
It was also observed that not all voters were offered a receipt for voting when they used the touch screen machine. Conclusions
Additional Recommendations
18
Not linked to specific findings.
R1:
For bond measures, the district should develop a clearly numbered specific facilities project list for the voter pamphlet and use that specific list in future tracking and reporting. Response from the Cabrillo Community College Governing Board: This recommendation will not be implemented. The District Facility Master Plan is a detailed and comprehensive report, expanding on the COC Annual Report. This report is submitted as an action item to the Governing Board and Citizens’ Oversight Committee twice a year approving changes in scope, budget and/or scheduling. It tracks all of the Measure D projects to date and includes other projects funded by other sources as well. In addition, the FMP is submitted monthly to the Governing Board and Citizens’ Oversight committee for review and discussion on the status of active projects.
R2:
For future Citizen Oversight Committee annual reports, the committee should develop a specific facilities project list that translates all of the Measure D project categories to a project list and identifies those projects for which Measure D funds are planned but have not been expended to date. Response from the Cabrillo Community College Governing Board: This recommendation will not be implemented. The Education Code (15280) requires that “the citizens’ oversight committee shall issue regular reports on the results of its activities. A report shall be issued at least once a year.” The activities of the committee, as defined in Education Code 15278(b) are to review expenditures of bond funds, satisfy themselves that such expenditures were made for voter-approved purposes and that no money was applied to teacher or administrative salaries or other school operating expenses and then to inform the public concerning the past expenditures of those funds. The Governing Board and staff tracks all projects for which Measure D funds are planned but have not been expended to date.
R3:
The independence of the oversight committee should be strengthened. The committee should be more proactive and take the following steps with the district’s concurrence and cooperation: • Review, recommend changes to the district, if any and, formally adopt the by-laws, with or without comments. Response from the Cabrillo Community College Governing Board: This recommendation will not be implemented. The recommendations are not consistent with the requirements of the Education Code or are currently permitted by the operation of the committee. As previously stated, the committee’s independence is assured by the membership selection requirements of the Education Code and the Ethics Policy Statement relating to the committee. Further, the Education Code contains no provision for an oversight committee to adopt its own bylaws. Currently, the committee has been advised that if the committee has any comments on the existing bylaws approved by the Board that such – 11 Window Dressing or Effective Oversight? suggestions may be made to district staff or may be presented to the Board of Trustees in public session. With respect to the selection of independent auditor and the process of preparing and delivering the audit, California Constitution directs that it is a district responsibility, not a committee responsibility. The Committee, as required by law, does receive and review, to whatever extent they determine, the audit. The recommendations offered by the Grand Jury are inconsistent with the current laws allocation of the accountability safeguards in Proposition 39 between the District and the committee. • Review and formally comment on the selection of the independent auditor prior to the appointment. Response from the Cabrillo Community College Governing Board: This recommendation will not be implemented. The California Constitution directs that the process of preparing and delivering the audit is the District’s responsibility. • Review and formally recommend changes to the District, if any, on the audit scope and methodology prior to the audit being conducted. Response from the Cabrillo Community College Governing Board: This recommendation will not be implemented. The California Constitution directs that the process of preparing and delivering the audit is the District’s responsibility. • Review and comment to the District on the final audit report and formally accept with or without comments. Response from the Cabrillo Community College Governing Board: This recommendation has been implemented.
R4:
Increase efforts to solicit membership in the Citizen Oversight Committee to a broader audience such as with newspaper advertisements and/or announcements inviting individuals with specific relevant expertise to apply. Response from the Cabrillo Community College Governing Board: This recommendation has been implemented. The District currently uses newspaper advertisements, as well as other forms of publicity, to attract applicants to serve on the Committee. The District will continue to seek individuals who satisfy the qualifications of membership as set forth in Education Code and if applicants also possess experience in construction projects, accounting, finance, etc., those applicants will have those experiences recognized in the selection process and, assuming they satisfy the Education Code categories, would be attractive members of the committee. Window Dressing or Effective Oversight? - 12
R5:
Revise by-laws to describe the process for resolving issues of concern to the oversight committee. Response from the Cabrillo Community College Governing Board: This recommendation will not be implemented. The bylaws and operating practice currently provide ways through which concerns can be expressed. First, the committee has exclusive control over the agenda of its meetings. If a concern arose, the committee would agendize the issue and discuss it at its next properly noticed public meeting. If the committee requests the District respond to a concern, the response is provided by the District at this meeting or at a subsequent meeting. If the committee is not satisfied with the answer of the staff, Section 5.8 of the bylaws states that “individual members of the committee retain the right to address the Board [of Trustees] either on behalf of the Committee or as an individual.” The Board then has the duty to respond to any concerns expressed.
R6:
Revise by-laws to include the committee’s role in prioritizing projects for delays or cancellations as described in Measure D. Response from the Cabrillo Community College Governing Board: This recommendation has not been implemented, but will be implemented during the spring 2008 semester.
R7:
The district should document the roles and responsibilities of the district, the construction manager, the contractors and the inspector of record for construction quality control and safety. Response from the Cabrillo Community College Governing Board: This recommendation will not be implemented on existing work due to the fact this is addressed in current contract language. On future projects, District will revise contract language as necessary to provide additional clarif[ication] regarding roles.
R8:
In the future, the auditor should use a more specific facilities project list. Response from the Cabrillo Community College Governing Board: This recommendation has been implemented.
R9:
In future audits, the processes and a sufficient number of invoices should be tested to allow the auditor to render an opinion with a high and defined level of confidence that there has been no misappropriation of funds. Response from the Cabrillo Community College Governing Board: This recommendation will not be implemented. The performance audit report requires that the accountant not issue an opinion, either positive or negative.
R10:
In future audits, the auditor should report on the number of invoices examined and the total invoices processed for the Measure D fund. – 13 Window Dressing or Effective Oversight? Response from the Cabrillo Community College Governing Board: This recommendation has not been implemented, but will be implemented for the June 2008 audit. Responses Requested Entity Findings Recommendations Respond Within Cabrillo Community 1 - 7 1 - 10 90 Days College Governing October 1, 2007 Board
R11:
Because of the common practice of storing the equipment at the polling place supervisor’s house overnight, these supervisors should be identified as far in advance as possible to allow for additional training on security procedures and the vulnerability of the equipment. Response from the Elections Officer: That is always our plan to recruit our inspectors early on and train them. However, cancellations always occur and we have to fill the position and provide last-minute training when needed. We are looking into a tamper- proof bag for the voting units and development of a security plan that will be given SOS approval so we can continue this method of equipment deployment. In the meantime, we are looking into other ways to ensure practical and secure voting equipment deployment.
R12:
The Elections Department should plan to strengthen its “advertising” campaign for future elections. It should focus on educating the voters to verify the paper trail when using the touch screen equipment. Response from the Elections Officer: Verifying correctly voted electronic and paper ballots will be stressed.
R13:
The Elections Department should review the
R14:
Since a number of poll workers dropped out the night before and morning of election day, requiring substitutes that were not trained, a pool of trained alternate poll workers should be available on election day to substitute in case of poll worker absenteeism. Response from the Elections Officer: We always have about a dozen people who are trained report to our office at 6 a.m. on Election Day to be deployed as needed. Election Code Section 12313 does allow the following: If any member of a precinct board does not appear at the opening of the polls on the morning of an election, those voters present, including members of the board, shall appoint a voter to fill the vacancy. If none of the members appointed appears at that time, the voters of the precinct present at that time may appoint a board.
R15:
The report also noted that the district’s use of outside consultants in relation to its construction projects “seems to be working well.” (Id., p.
R16:
Regarding the district’s internal controls, the report “commended” the district “for developing improved standards and procedures,” and concluded that “the business department is operating within a reasonable level of internal controls considering the extreme pressure that the employees are under to keep up with the overwhelming workload.” (Id., p.
R20:
As stated in the report, “the overall internal controls at the Pajaro district are functioning well.” (Id., p. 22.) 4. The superintendent needs to effectively manage instruction and implement a consistent plan throughout the district. Response from the PVUSD: No action will be taken to implement the recommendation. Effective management and planning in the district is already taking place. 4.1 The School Assistance and Intervention Team (SAIT) changes, the District Alternative Governance (DAG) committee recommendations, and those of the Gold Study should be implemented as soon as possible in all the under-achieving schools in the district in order to garner consistency and measurability of the learning benchmarks. Response from the PVUSD: This recommendation is already in the process of implementation, therefore no action is required. The superintendent and cabinet initiated the Gold Study and report, and are implementing the report’s recommendations. The DAG committee is in fact made up almost entirely of the cabinet and other district staff; therefore, the implementation of recommendations was simultaneous with the DAG committee's Report Card: Pajaro Valley Unified School District - 63 development of same. The SAIT changes were already being incorporated into district actions as the Grand Jury investigation was being conducted. 4.2 The Nine Essential Program Components as set by the California Department of Education and used by the DAG team should be instituted in all regular elementary, middle and high schools in the District. A grid plan similar to the one developed by the DAG team should be worked out for each school using the format and benchmarks set by the DAG report and setting early attainment dates. The assistant superintendents and the superintendent should be the primary persons responsible for performing this task, and the principals and the school staffs should collaborate with one another until all of those benchmarks are set and met. Response from the PVUSD: PVUSD will not take the specific actions recommended by the Grand Jury, as they appear to be based on a misunderstanding of the nature of the DAG committee. The superintendent and assistant superintendents along with one outside consultant and several directors make up the DAG committee. The grid mentioned was developed by the DAG committee, which is an entity of the district. Therefore the district is using the grid that it developed. The assistant superintendents are currently working with other sites to set the benchmarks. 4.3 Those barriers to good education that are management-related — as spelled out in four management studies, the DAG, the SAIT, the Gold Study and the Management Audit Study — should be remedied immediately with assertive, scheduled and measured action by those persons in charge – the superintendent and whatever deputies the superintendent designates. This is a primary responsibility and must not be avoided or delayed by studies and the formation of committees. All of these actions and benchmarks should be in place for the next school year to remove any inconsistencies and failures to teach to approved strategies and goals. Response from the PVUSD: No further action needs to be taken to implement the recommendation. This process is already under way and benchmarks are being established to ensure regular, ongoing implementation. 4.4 District staff should give a monthly status report of the benchmarks accomplished and the status of those in process with scheduled dates of completion. o Those benchmarks not accomplished within the scheduled dates should be discussed and remedied and new firm dates set for accomplishment. o Those benchmarks achieved and verified should be met with much fanfare. This will contribute to credibility of the board and confidence from the community. - 64 Report Card: Pajaro Valley Unified School District Response from the PVUSD: This recommendation requires further analysis. The deputy superintendent will review and report back to the board his recommendations within four months. Based on that report, the Board of Trustees will then determine a course of action. 4.5 In concurrence with the Gold Study, the Management Audit Report and the recommendations of many of the stakeholders, an expert curriculum specialist should be hired immediately and given the responsibility and authority to review the integrity and consistency of the district-wide curricula, texts, standards and teaching strategies. Response from the PVUSD: No further action needs to be taken to implement this recommendation, as the Board of Trustees has recently hired a deputy superintendent who is a curriculum and instruction specialist. This was done despite protests from various groups and individuals who felt this position was not needed. (Also see the above response to the Conclusion 4, regarding the district's efforts to manage and implement a consistent instructional plan.) 5. The purpose and attendance requirements of zone meetings should be clearly defined. The meetings should be well publicized and accessible to all. Agendas and minutes should be readily available. Response from the PVUSD: No action on the recommendation will be taken. The purpose of zones is already sufficiently defined. Meetings are already publicized and are accessible to all, being held at public school sites. Agendas and minutes are and have been available upon request, as explained in the district's response to Finding 21.6, above. 6. Zone management should establish a uniform method of communicating their deliberations and actions to the board. Response from the PVUSD: The recommendation requires further analysis. The newly hired deputy superintendent will review and determine if any change in practice regarding communication between the Board of Trustees and zone management are warranted, and will advise the board within six months if he believes action by the board needs to be taken.
R10-02:
Resume August 2002, Dr. Mary Anne H. Mays Ed.D 12-29-02 Newsmaker of the Year PVUSD Trustees: Board names new high school, hires female superintendent, Santa Cruz Sentinel 2003 2003 The Brown Act, Open Meetings for Local Legislative Bodies (The California Attorney Generals Office, 2003, p. 1.) 10-24-03 Friday Board Update, October 24, 2003, Dr. Mary Anne Mays, pg. 2 2004 4-3-04 Fifty years after Brown v. Board of Education, segregation no longer black and white, The San Diego Union-Tribune [Article on integration using PVUSD as an example] 10-12-04 Management Audit, Organizational and Efficiency Study, October 12, 2004, School Services Corporation 10-25-04 The Education Innovator, October 25, 2004 www.ed.gov/print/news/newsletters/Innovator/2004/1025.html 2005 2-05 Dr. Mays’ Reply to Management Audit, Planning Operational Improvements and Efficiency, February 2005, Superintendent, Dr. Mary Anne Mays 6-30-05 Watsonville “Emergency Card” OPT-OUT a Winner, Santa Cruz Indymedia 11-2-05 The Pajaro Valley Unified School District Creates Innovative Ways to Challenge Reading Skills, Graniterock Press Release for press conference [Regarding the Million Word Campaign] 2006 2006 Student Success, A Shared Vision, 2006 Report to the Community, Santa Cruz County Office of Education 2-10-06 Contentious PVUSD board race began with Superintendent’s exit, Times Publishing Group 3-24-06 PV school superintendent resigns, Santa Cruz Sentinel 4-4-06 Pajaro Superintendent Dr. Mary Anne Mays Resigns, The Mid-County Post - 66 Report Card: Pajaro Valley Unified School District 4-18-06 The Struggle Continues at Pajaro Schools, Business Chief Retires a Few Weeks after Superintendent Resigns – Recall Campaign Announced Against Trustee, The Mid-County Post 7-20-06 Business leaders seek ‘outstanding’ PVUSD school board, Santa Cruz Sentinel 10-4-06 Retired teacher, volunteer vie for P.V school board, District ‘turmoil’ prompts volunteer to seek post and Board members touts experience and leadership, Santa Cruz Sentinel 10-8-06 Nuances of school board trusteeship, Santa Cruz Sentinel [Editorial page] 10-26-06 Former PVUSD administrator alleges slander by school board member, Santa Cruz Sentinel 11-3-06 Balance of power hangs in outcome of PVUSD races, Santa Cruz Sentinel [A summary of issues facing PVUSD] 11-14-06 Students look back on state’s history, Santa Cruz Sentinel 12-4-06 PVUSD leaders to be sworn in Wednesday, Santa Cruz Sentinel 2007 1-9-07 Pajaro Implements Efforts To Raise Scores and Avert Takeover, The Mid-County Post 1-9-07 No School Left Behind!, The Mid-County Post 1-9-07 Former Pajaro Schools Personnel Director Settles Lawsuit, The Mid-County Post 1-11-07 Change Requires Effort, Good Times [Article by Michael Watkins, COE] 1-18-07 Pajaro Valley schools shocker: Mays back as superintendent, Santa Cruz Sentinel 1-18-07 PVUSD new board majority approves return of superintendent, Santa Cruz Sentinel 1-19-07 Mays envisions stabilizing P.V. schools, Santa Cruz Sentinel 1-19-07 PVUSD makes decisive choice, Santa Cruz Sentinel [Editorial] 1-23-07 Dr. Mary Anne Mays Returns to Pajaro as Interim, The Mid-County Post 2-2-07 Board of trustees must not ignore the Brown Act, Register-Pajaronian 2-3-07 PV High School is getting a bum rap, Register-Pajaronian [Letters to the Editor] Report Card: Pajaro Valley Unified School District - 67 2-4-07 Luis Alejo letter to the Board, Re. Brown Act Violations during the January 17, 2007 meeting. 2-7-07 Schools chief warns of low expectations, O’Connell: Minority students suffer because of racial bias, Santa Cruz Sentinel [O’Connell is State Superintendent of Schools.] 2-07-07 DAG Study, Overview of PVUSD District Alternative Governance Committee Process as presented to the PVUSD Board February 7, 2007, included in Board Study Packet 2-9-07 Pajaro Valley school district headed to trial over high school mold clean-up, Santa Cruz Sentinel 2-9-07 PVUSD headed to trial over P.V. High School $1.5 million mold cleanup, Santa Cruz Sentinel 2-14-07 English Learner Program Evaluation Final Report, February 14, 2007 Norm Gold Associates 2-20-07 Beacon Charter Organizers Developing Plans for South County Schools, The Mid-County Post 2-20-07 Pajaro’s Program Improvement Schools Face Many Recommendations, Little Time, The Mid-County Post 2-21-07 $1.5 million dollars grant aims to curb gang activity at middle school level, Santa Cruz Sentinel 2-24-07 P.V. schools superintendent back — at 60 percent, Santa Cruz Sentinel 3-1-07 PVUSD board votes to hire Mays as interim superintendent, Santa Cruz Sentinel 3-3-07 Pajaro Valley school district in major flux, Santa Cruz Sentinel 3-8-07 PVUSD ponders management shake-up, Santa Cruz Sentinel 3-12-07 Educators await slate of school studies, Santa Cruz Sentinel [23 state department of education studies] 3-15-07 SAIT State Intervention Report, February 28, 2007, Board Packet Report by Mrs. Vicki Alterwitz, Action Learning Systems Progress Report Mar 15, 2007 3-17-07 $2.5 million dollars reading center now open, Santa Cruz Sentinel [The center is at Cal State Monterey Bay] 3-17-07 Management mop-up? Pinks slips handed out to five, Register Pajaronian 3-19-07 Beacon aims to open schools in P.V. and S.C, Santa Cruz Sentinel [Beacon is a charter school organization.] 3-27-07 School district employees silenced, Mays says only she can discuss schools with press, public, Register Pajaronian - 68 Report Card: Pajaro Valley Unified School District 3-27-07 Mays’ stormy return to PVUSD, www.santacruzlive.com/blogs/education/2007/03/27/mays-stormy- return-to-pvusd/ 3-28-07 State ratchets up pressure on lagging schools, Santa Cruz Sentinel [2006 Base Academic Performance Index (API) Report p. A-4] 3-30-07 Pajaro Valley teachers oust longtime leader, Santa Cruz Sentinel [Change in teachers union leadership] 4-3-07 Dispute emerges over P.V. teachers union’s leadership, Santa Cruz Sentinel 4-5-07 Membership has spoken, Santa Cruz Sentinel [Letters to the Editor] 4-6-07 P.V. teachers union election challenged, Santa Cruz Sentinel 4-6-07 Savino challenges Pajaro Valley teachers union election, Santa Cruz Sentinel 4-7-07 Befuddled by PVFT’s style of democracy, Register Pajaronian [Letters to the Editor] 4-10-07 Poor decisions being made for our school district, Register Pajaronian 4-11-07 Fed up with this school district, Register Pajaronian [Letters to the Editor] 4-12-07 Business Deal sparks questions about P.V. teachers union, Santa Cruz Sentinel 4-17-07 Half of seniors who flunked exit exam returned to school, Santa Cruz Sentinel [CA Jack O’Connell, State Superintendent of Instruction re: state wide exit exam results.] 4-19-07 Trustees focus on improving English proficiency, Santa Cruz Sentinel 4-20-07 Teach kids in English, Santa Cruz Sentinel [Letters to the Editor on the bilingual policy] 4-21-07 County school board OKs office move, Pajaro Valley educators, trustees blast deal to buy Harvey West space, Santa Cruz Sentinel 4-21-07 P.V. students enjoy incentives before critical testing, Santa Cruz Sentinel 4-22-07 How a School Gets Into and Out of Federal Sanctions, Santa Cruz Sentinel 4-24-07 Teachers union settles leadership crisis, Santa Cruz Sentinel 4-26-07 Program helps to build a future with students, ROP organizers reach out to middle schools, Santa Cruz Sentinel 4-07 State threatens to take away five local schools, Mays stays in district to head new committee, Register Pajaronian Report Card: Pajaro Valley Unified School District - 69 Date unknown Judge faults P.V. school district in student’s expulsion, Santa Cruz Sentinel 5-25-07 P.V. District in discord over new post, Santa Cruz Sentinel [Regarding the hiring of a deputy superintendent.] Date unknown Pajaro Valley Unified School District Board of Trustees Bylaw 9270 ‘Conflict of Interest’ Date unknown Government Code 89503,Government Code 81013, The Political Reform Act of 1974; Article 2, Chapter 7 Multiple dates Warrants, Invoices, Purchase Orders 2003-2006 to NCEE: school years 2003-2004, 2004-2005, 2002-5-2006 Watsonville HS, Pajaro MS, Calabasas ES. Doesn’t include travel, personal expenses for training etc.; not audited. Web Sites: Center for Public Integrity http://www.publicintegrity.org/default.aspx Senate Governmental Affairs Committee http://www.senate.gov~govt-aff/ SEC – Securities and Exchange Commission http://www.sec.gov/ COP Information http://www.scgi/2001/certpart.htm Mays’ stormy return to PVUSD www.santacruzlive.com/blogs/education/2007/03/27/mays-stormy-return-to-pvusd/ The Education Innovator, October 25, 2004 www.ed.gov/print/news/newsletters/Innovator/2004/1025.html - 70 Report Card: Pajaro Valley Unified School District Santa Cruz County Grand Jury Final Report with Responses (no responses required for this section) Section 6 Special Districts Committee Report
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Findings & Recommendations
8 findings
F1:
Greater transparency can and should be achieved in tracking projects. In order for the oversight committee, auditors, district staff and the public to track the specific projects throughout the life of the Measure D program, it is necessary for the district to define and maintain a consistent, detailed specific list in all the public documents.
F2:
The oversight committee would be more credible and effective if it were to function with more independence and a broader scope of authorized activities.
F3:
The oversight committee could be more effective if it were to have members with expertise covering more of the relevant Measure D program activities.
F4:
The oversight committee should be given the opportunity to review, discuss, propose and then formally adopt its own by-laws.
F5:
The performance audits are not adequate to establish, with credibility, that there have been no misappropriations of funds.
F6:
Some projects have had significant quality control problems. One inspector of record was released from the program by the district in part due to disagreements over the inspector’s role in quality control. With regard to construction safety, there have not been major safety incidents to date. In both these areas, however, a more defined and rigorous approach to management is needed.
F7:
The members of the COC are sincere and civic minded. They deserve our thanks for being willing to serve. Furthermore, the district staff was found to be cooperative and competent in their dealings with the Grand Jury.
F8:
The oversight of the Measure D Bond projects is more than “window dressing,” but it can be improved. Window Dressing or Effective Oversight? - 10 2006-2007 Santa Cruz County Grand Jury Final Report with Responses
Additional Recommendations
10
Not linked to specific findings.
R1:
For bond measures, the district should develop a clearly numbered specific facilities project list for the voter pamphlet and use that specific list in future tracking and reporting. Response from the Cabrillo Community College Governing Board: This recommendation will not be implemented. The District Facility Master Plan is a detailed and comprehensive report, expanding on the COC Annual Report. This report is submitted as an action item to the Governing Board and Citizens’ Oversight Committee twice a year approving changes in scope, budget and/or scheduling. It tracks all of the Measure D projects to date and includes other projects funded by other sources as well. In addition, the FMP is submitted monthly to the Governing Board and Citizens’ Oversight committee for review and discussion on the status of active projects.
R2:
For future Citizen Oversight Committee annual reports, the committee should develop a specific facilities project list that translates all of the Measure D project categories to a project list and identifies those projects for which Measure D funds are planned but have not been expended to date. Response from the Cabrillo Community College Governing Board: This recommendation will not be implemented. The Education Code (15280) requires that “the citizens’ oversight committee shall issue regular reports on the results of its activities. A report shall be issued at least once a year.” The activities of the committee, as defined in Education Code 15278(b) are to review expenditures of bond funds, satisfy themselves that such expenditures were made for voter-approved purposes and that no money was applied to teacher or administrative salaries or other school operating expenses and then to inform the public concerning the past expenditures of those funds. The Governing Board and staff tracks all projects for which Measure D funds are planned but have not been expended to date.
R3:
The independence of the oversight committee should be strengthened. The committee should be more proactive and take the following steps with the district’s concurrence and cooperation: • Review, recommend changes to the district, if any and, formally adopt the by-laws, with or without comments. Response from the Cabrillo Community College Governing Board: This recommendation will not be implemented. The recommendations are not consistent with the requirements of the Education Code or are currently permitted by the operation of the committee. As previously stated, the committee’s independence is assured by the membership selection requirements of the Education Code and the Ethics Policy Statement relating to the committee. Further, the Education Code contains no provision for an oversight committee to adopt its own bylaws. Currently, the committee has been advised that if the committee has any comments on the existing bylaws approved by the Board that such – 11 Window Dressing or Effective Oversight? 2006-2007 Santa Cruz County Grand Jury Final Report with Responses suggestions may be made to district staff or may be presented to the Board of Trustees in public session. With respect to the selection of independent auditor and the process of preparing and delivering the audit, California Constitution directs that it is a district responsibility, not a committee responsibility. The Committee, as required by law, does receive and review, to whatever extent they determine, the audit. The recommendations offered by the Grand Jury are inconsistent with the current laws allocation of the accountability safeguards in Proposition 39 between the District and the committee. • Review and formally comment on the selection of the independent auditor prior to the appointment. Response from the Cabrillo Community College Governing Board: This recommendation will not be implemented. The California Constitution directs that the process of preparing and delivering the audit is the District’s responsibility. • Review and formally recommend changes to the District, if any, on the audit scope and methodology prior to the audit being conducted. Response from the Cabrillo Community College Governing Board: This recommendation will not be implemented. The California Constitution directs that the process of preparing and delivering the audit is the District’s responsibility. • Review and comment to the District on the final audit report and formally accept with or without comments. Response from the Cabrillo Community College Governing Board: This recommendation has been implemented.
R4:
Increase efforts to solicit membership in the Citizen Oversight Committee to a broader audience such as with newspaper advertisements and/or announcements inviting individuals with specific relevant expertise to apply. Response from the Cabrillo Community College Governing Board: This recommendation has been implemented. The District currently uses newspaper advertisements, as well as other forms of publicity, to attract applicants to serve on the Committee. The District will continue to seek individuals who satisfy the qualifications of membership as set forth in Education Code and if applicants also possess experience in construction projects, accounting, finance, etc., those applicants will have those experiences recognized in the selection process and, assuming they satisfy the Education Code categories, would be attractive members of the committee. Window Dressing or Effective Oversight? - 12 2006-2007 Santa Cruz County Grand Jury Final Report with Responses
R5:
Revise by-laws to describe the process for resolving issues of concern to the oversight committee. Response from the Cabrillo Community College Governing Board: This recommendation will not be implemented. The bylaws and operating practice currently provide ways through which concerns can be expressed. First, the committee has exclusive control over the agenda of its meetings. If a concern arose, the committee would agendize the issue and discuss it at its next properly noticed public meeting. If the committee requests the District respond to a concern, the response is provided by the District at this meeting or at a subsequent meeting. If the committee is not satisfied with the answer of the staff, Section 5.8 of the bylaws states that “individual members of the committee retain the right to address the Board [of Trustees] either on behalf of the Committee or as an individual.” The Board then has the duty to respond to any concerns expressed.
R6:
Revise by-laws to include the committee’s role in prioritizing projects for delays or cancellations as described in Measure D. Response from the Cabrillo Community College Governing Board: This recommendation has not been implemented, but will be implemented during the spring 2008 semester.
R7:
The district should document the roles and responsibilities of the district, the construction manager, the contractors and the inspector of record for construction quality control and safety. Response from the Cabrillo Community College Governing Board: This recommendation will not be implemented on existing work due to the fact this is addressed in current contract language. On future projects, District will revise contract language as necessary to provide additional clarif[ication] regarding roles.
R8:
In the future, the auditor should use a more specific facilities project list. Response from the Cabrillo Community College Governing Board: This recommendation has been implemented.
R9:
In future audits, the processes and a sufficient number of invoices should be tested to allow the auditor to render an opinion with a high and defined level of confidence that there has been no misappropriation of funds. Response from the Cabrillo Community College Governing Board: This recommendation will not be implemented. The performance audit report requires that the accountant not issue an opinion, either positive or negative.
R10:
In future audits, the auditor should report on the number of invoices examined and the total invoices processed for the Measure D fund. – 13 Window Dressing or Effective Oversight? 2006-2007 Santa Cruz County Grand Jury Final Report with Responses Response from the Cabrillo Community College Governing Board: This recommendation has not been implemented, but will be implemented for the June 2008 audit. Responses Requested Entity Findings Recommendations Respond Within Cabrillo Community 1 - 7 1 - 10 90 Days College Governing October 1, 2007 Board
Findings & Recommendations
9 findings
F1:
Director of Libraries Job Review Process: In February of 2006, the JPA Board adopted an official procedure for appraising the performance of the director of libraries. A standard written job description, which is part of the City of Santa Cruz personnel system, has been established. It has been verified that the director of libraries’ performance evaluations are now current.
F2:
Staff Rotation: Contrary to previous findings, the Grand Jury found that library staff are happy with rotation practices. The library has been practicing staff rotation for more than ten years. The Central Branch circulation and reference staff is rotated in and out of the headquarters facility on Pacific Avenue. They rotate in four-hour shifts based on established work schedules. Staff rotation is in place to: • Reduce injuries and stress illness. • Cover required workload hours on the reference desk. • Provide cross-training and job backup. • Offer job enrichment. • Improve staff morale. • Reduce staff turnover. • Reduce worker compensation claims. Larger branches practice staff rotation internally while some small branches do not have enough staff to rotate. There is ‘on call’ staff to fill in occasionally if required. Some employees feel that the staff rotation gives most library employees a chance to work directly with customers and understand the public’s needs.
F3:
Alternatives to 1543 Pacific Avenue: The Director of Libraries is aware of the urgency for having a plan in place for this location. The city manager noted that they may extend the lease on Pacific Avenue until 2013 and that more financial analysis must be done. In 2006, the director appointed a Capital Projects Priorities Subcommittee. This committee is responsible for developing a long-range facilities plan.
F4:
Funding Plans: A five-year budget plan, “Library Strategic Financial Plan” was prepared in 2006. It was developed with the following funding assumptions: • Sales tax revenues will increase 3% per year. • County Library Fund increased 7.5% in FY 2006-07 and will increase 5% each year thereafter. • Fees, fines and miscellaneous revenues will increase 1% per year. • Bequest appropriations will remain at the same level of funding. • The library will receive estimated carry over funds, grants, and gifts.
F5:
Contingency Planning: In 2005, the JPA Board adopted a policy that keeping branches open was the “cornerstone” of the budget process and that closing branches should not be considered in contingency planning.
F6:
Worker Safety: An outside consultant prepared a safety recommendations report for the JPA. The Director of Libraries was asked to come back with an action plan on the safety recommendations that were made. Upon review of this report entitled “Promoting Worker Safety at the Library — An Action Plan,” the JPA Board accepted it unanimously. In addition: • The library added a “Safe/Ergonomic Practices” section to the standard employee appraisal form to raise the safety awareness of the employees. • The library has a safety committee which issues an annual report and periodic updates. • According to management, training the staff in ergonomics has reduced the workers compensation claims. Most work-groups have someone in charge of stretch breaks where three or more people use the same circulation desk.
F7:
Hiring Practices: The library does considerable hiring from outside the county library system for higher-level positions. This practice has caused morale problems and has increased costs to the system. Many of the current staff have attended college to get their Masters in Library Science with the sole purpose of advancing their careers but have not found it helpful in getting promoted. Other Hiring Practice Issues: • The practice of hiring half-time employees enables the library to stay open more hours to serve the public. It also has some cost-savings benefits. Many of the branches are understaffed, based on the number of customers they serve. However, hiring half-time employees also limits opportunities for full-time staff to be promoted. • The branches would like to have more frequent staff meetings, but find it hard to balance this need with the priority of keeping the library open for the public. • In April 2006, the library had a meeting for all staff system-wide. The focus of this meeting was on the Central Branch. As a result of the meeting, work groups were formed to address issues. In December 2006, a summary report was sent to all staff system-wide. The employees reported that there was not adequate follow-up in the areas of communication and the update of job classifications. Library employees sometimes stay with their jobs because they like the Santa Cruz community and wish to make a career and home here, not because they feel there are equitable hiring practices or opportunities for job advancement.
F8:
Branch Findings: In at least one branch, emergency lock boxes were not easily accessible. Conclusions
F9:
During an emergency, staff at one location could not easily access the lock box key or operate it.
Additional Recommendations
9
Not linked to specific findings.
R1:
Verified that the change in the job performance review process for the director of libraries is an operational procedure.
R2:
Verified that the procedure of branch staff rotation is a viable procedure.
R3:
Investigated if alternatives to the 1543 Pacific Avenue facility were identified, as agreed.
R4:
Investigated the long-range facility plan to determine if the plan is on track.
R5:
Verified that a funding process is in place and determined if a financial plan was in place for FY2005-FY2006.
R6:
Investigated the status of contingency plans for any future capital projects, if a bond issue is unsuccessful at the polls. Additional Investigation
R7:
Reviewed the hiring practices for the library.
R8:
Investigated the safety/worker’s compensation issue and actions taken.
R9:
Toured most library branches to understand their operation.
Findings & Recommendations
22 findings
F1:
In early 2003, within months of leaving a position with the for-profit company America’s Choice, the superintendent asked a subordinate to purchase the America’s Choice Million Words Campaign. This request was followed up in 2003, 2004, and 2005 when she encouraged subordinates to purchase a multi- year educational program from America’s Choice — including licenses, texts, materials and training — for three schools. Amounts paid over the three-year initial period (2003-2004, 2004-2005, 2005-2006) amounted to more than $1,300,000, according to a review of the documentation.
F2:
The superintendent was intimately familiar with the America’s Choice program. According to her resume, when she was employed by the National Center for Education and the Economy (NCEE), she “assisted in the development and refinement of the comprehensive school design America’s Choice.” America’s Choice is a subsidiary of NCEE.
F3:
The superintendent, as a former employee of America’s Choice, was reportedly offered a stock purchase option.
F4:
The superintendent’s did not clearly indicate her connection to America’s Choice when she encouraged its purchase by her subordinates.
F5:
The district’s ethics policy includes conflict of interest guidelines which may apply in this type of situation, but because this policy is not dated, it is not clear when it went into effect. B. PVUSD Board of Trustees’ Fiscal and Management Oversight
F6:
Several concerns with the budget review process were investigated. 6.1 The PVUSD’s annual budget and amended budgets are often delivered to the board without adequate time for the trustees to study and understand their contents. 6.2 According to some board members (past and present), they are discouraged from asking questions because asking questions makes the meetings last too long. - 12 Report Card: Pajaro Valley Unified School District 6.3 Some board members reported that they do not understand the budget and that the budget and amendments are not an area of their individual interest.
F7:
There are differences of opinion within the board as to what constitutes appropriate fiscal oversight. 7.1 A number of trustees (past and present) stated they prefer to trust that the budget is an accurate and efficient document not needing their input or oversight. 7.2 None of the board members interviewed (past and present) knew the dollar amount or types of purchases that should go to the board for approval. 7.3 Some board members and district staff reported that they did not know that there were policies and procedures concerning board oversight.
F8:
Difficulties overseeing expenditures were reported. 8.1 At regular board meetings, the consent packet includes a listing of some payments and some purchase orders. The listings of disbursements and purchase orders are not all-inclusive and are not reported in a format that allows board members to oversee expenditures effectively. 8.2 Board members reported they did not review purchases made from categorical or grant funds and some reported they thought of these funds as “free money” that didn’t require oversight. 8.3 Purchases were made from a new vendor (NCEE-America’s Choice) of a multi-year program and materials amounting to over $1,300,000 without specific board approval. These purchases were paid from various funding sources including categorical funds (state, federal and private funds with specific purposes and requirements).
F9:
The district has a recent history of being governed by interim superintendents. 9.1 The district applied for “interim” superintendent status with an emergency waiver while having another interim superintendent under contract. 9.2 At the time of the writing of this report, the district is being served by a part-time (60 percent) interim superintendent. 9.3 It takes time for a district to set its priorities, establish a search committee and begin the process of filling the position of superintendent. However, to date, the board has not begun the process of filling the position of full- time superintendent. Instead, the board is considering creating the position of deputy superintendent. 9.4 A letter signed by approximately 500 teachers was presented to the board requesting a full-time superintendent. C. Allegations of Brown Act Violations
F10:
There is evidence that the Pajaro Valley Unified School District Board of Trustees may have not complied with the state’s open meeting laws referred to as the Ralph M. Brown Act. Report Card: Pajaro Valley Unified School District - 13 10.1 The Brown Act requires that in advance of meetings, closed and open session topics be clearly identified with a description of the subject matter to be considered. 10.2 The following are two examples of agenda items with questionable descriptions: o In a closed meeting session on January 17, 2007, the board discussed terminating the current interim superintendent and rehiring the former superintendent in the interim role. However, the agenda item simply stated, “2.1a Title of Position, Interim Superintendent.” The board approved the termination and appointment with a majority vote. o In open session of the same January 17, 2007 meeting, agenda item 12.5 stated, “Report, discussion and possible action to approve Amended contract for Interim Superintendent.” The backup information for this agenda item stated, “The current contract for the Interim covers the responsibilities for both the Interim Superintendent and the Interim Associate Superintendent.” As reported to the Grand Jury, several of those in attendance assumed this item referred to the responsibilities of the current Interim Superintendent, but, in fact, it referred to the previous closed meeting discussion of two superintendents — the person who was currently filling a dual role as Interim and Associate Superintendent and the former superintendent who was being rehired. At best, this description was vague and confusing. Even if it were legal under the Brown Act, it does not provide the detailed level of transparency required to maintain public confidence. D. Board’s Oversight of Construction Funds
F11:
Because of the way it was funded, the public had little opportunity to weigh in on a multi-million dollar school construction project. In 1997, the board approved $10 million Certificate of Participation (COP) through Paine Webber to cover construction costs of schools. California Financial Services was chosen to administer the fund. Initial costs for the note came out of the COP itself before any money was available to PVUSD. This is a method of obtaining funds without public notice beyond that provided by the normal board agenda. This lack of publicity deprived parents and citizens of a reasonable opportunity to express an opinion.
F12:
Individual trustees were not aware of the disadvantages of Certificate of Participation funding. 12.1 The financing cost for COPs is higher than for general obligation bonds. 12.2 Certificate of Participations require a debt-service reserve fund, typically 10 percent of the principal. Using this method usually increases the principal amount borrowed. In this case, according to CFS Financial - 14 Report Card: Pajaro Valley Unified School District reports, $2.4 million in fees were paid to obtain the Certificate of Participation, leaving only $7.6 million for school projects.
F13:
The board faced numerous problems and cost overruns for construction projects. 13.1 The board faced public controversy when the site for the new high school was under review. After architectural plans were drawn for a site that had been secured and approved, many members of the Watsonville community insisted the school be built elsewhere. The board agreed and approved the Harkins Slough Wetlands as the new site. Changing the site cost the district many millions of dollars in the following areas: o The original architectural plans were not designed for the multilevel terrain of the wetlands. The new school would also be located in the airport flight path turning zone. As a result, the school had to be redesigned. (Estimated loss of $1.9 million just for the new architectural plans.) o Extensive environmental studies were required. To get approval to build on the new site, the board had to give up a portion of the land and build the Wetlands Educational Resource Center as required by the Watsonville Municipal Code. (Estimated cost of center: $690,000.) Because there was less buildable space, the high school on the new site was 41,000 sq. ft. smaller than the one designed for the original site. o The change in architectural plans required that an additional 60,000 cubic yards of soil had to be trucked away. (Cost: approximately $161,000.) o A cafeteria was built which can seat only 328 students, yet the school will have approximately 2200 students. The kitchen facilities are also inadequate. Therefore, the food will have to be prepared in a kitchen that was remodeled at the district offices. This cafeteria was part of the original plan, and when money was not available, district administration made it a separate project paid for through a bond measure. 13.2 Mold was found in the new school buildings. Cleaning up the mold cost the district $2.5 million. A lawsuit is still pending and legal fees are still being incurred. To date, they are estimated to be approximately $2.7 million.
F14:
When applying for funding, the board acted against the advice of financial counsel. 14.1 The board asked for an additional Certificate of Participation for $12.5 million in May 2000 to pay off the previous Certificate of Participation and had $2.5 million left to use as needed. 14.2 The district owed $12.5 million in a Certificate of Participation with almost $750,000 in fees. Financial counsel advised the board not to take Report Card: Pajaro Valley Unified School District - 15 out the loan. The board, however, voted to take out the loan, with one trustee opposing.
F15:
The district continued to make poor management decisions related to construction projects and other financial issues. 15.1 The board approved an air pressurized fabric structure as a temporary gym for Aptos High School without respect to state regulations for that type of structure which require that it meet permanent rather than temporary use standards. The district lost over $130,000 in costs incurred in the purchase, move and set up of a structure that was not approved by the state. 15.2 The district had the opportunity to receive federal funds for needed high- speed internet access for the entire district. However, the administration filed the application late and the Federal Communications Commission denied the funds, resulting in a loss to the district of $900,000.
F16:
As of the writing of this report, the California Department of State Architects has not given final approval to the Pajaro Valley High School construction project. E. Teaching Standards and Expenditures
F17:
Schools in the district are not meeting teaching standards. 17.1 The California State Department of Education’s School Assistance and Intervention Team (SAIT) took over Pajaro Middle School and H.A. Hyde Elementary School. The SAIT process is a state intervention currently charged with bringing the two persistently lowest achieving district schools into compliance with standards that will improve their achievement scores. The SAIT team has set benchmarks and goals for these schools to teach state-approved consistent strategies and texts. 17.2 SAIT required re-training of teachers and principals in implementing consistent instructional methods that teach to state standards and use state compliant texts. 17.3 In 2006, a District Alternative Governance (DAG) committee was formed and charged with investigating reasons for failure at seven of the lowest performing schools. The seven schools selected were Freedom, Hall District, Mintie White, Ohlone, Starlight, E.A. Hall, and Rolling Hills. In those seven schools, the DAG committee found instructional methods, texts and materials being used that were inconsistent and did not meet state standards. (See SAIT findings above.) Actions were implemented to institute the Nine Essential Program Components required by the state to remedy the inconsistencies and failure to meet state standards in those seven schools. In 2006, the SAIT team established a timeline for implementation and made assignments for accomplishment beginning in early 2007. - 16 Report Card: Pajaro Valley Unified School District
F18:
Some of the training efforts prescribed by the DAG have met with difficulty. Some of the teachers and principals report they have been unable to go to trainings because there are not enough substitutes to teach their classes. Those who have not been trained cannot use the state-compliant strategies and texts in their classrooms.
F19:
In all the low achieving schools, there is a large population of students for whom English is a second language. According to an extensive review of the district’s bilingual programs called the Gold Study, adequate quality instruction and consistent goals and implementation of a language learning system were not in place as of February 2007.
F20:
Expensive educational materials from America’s Choice are not being used or have been deemed inappropriate. There are boxes of expensive texts — some not even opened — in school storerooms, which the teachers choose not to use in their classrooms. F. The Zone System
F21:
The Pajaro Valley Unified School District is divided into three geographical zones, each of which is managed by a Zone Assistant Superintendent. A lack of support and communication between district personnel and zone management has been reported. 21.1 Teachers, principals and support staff expressed a lack of support from their Zone Assistant Superintendent. However, the North Zone interviewees expressed less concern than the South and Central Zone interviewees. 21.2 Interviewees from all three zones indicated they had never received a clear explanation of the functions of the Zone Assistant Superintendent. 21.3 Teacher and support staff interviewees reported they have spoken with their Zone Assistant Superintendent primarily when dignitaries or evaluators from outside the district were visiting the school. 21.4 Interviewees said that the lack of communication and support from the district contributed to low morale and an opinion that the district did not know and had little concern for the challenges in the classrooms. 21.5 The Gold Study and the 2004 Management Audit Study found that the Zone Assistant Superintendents make their own decisions with little or no board oversight. In effect, the zones act as small school districts without a board of trustees. 21.6 Zone meetings are poorly publicized, resulting in parts of the community not knowing or being able to express concerns affecting their schools. No minutes or agendas are kept or published of these meetings. 21.7 Although school board members occasionally attend zone meetings, they are not required to, nor do the Zone Assistant Superintendents who preside Report Card: Pajaro Valley Unified School District - 17 over the meetings thoroughly report back to the board the concerns raised or the issues discussed in the meetings. 21.8 The Zone Assistant Superintendents may have discussed zone meetings with the superintendent. However, no record is kept of these discussions. Therefore, there is no way to determine if issues are being adequately addressed or resolved, and no way for the board to participate or provide oversight.
F22:
Several demographic differences exist between and within zones. 22.1 The current North Zone system has significantly different socio-economic demographics than the other two zones. Under-achieving students have become the norm in the schools of the South and Central Zones. They have been achieving scores averaging at least two years below grade level for all of the years examined. However, the grade level and achievement scores of most of the schools in the North Zone have been significantly higher and appear to be climbing every year. 22.2 There is a significant difference in the available per-student categorical funds and enhancement money available to South and Central zones to the exclusion of the North Zone. Because of the disparity of categorical funds to North Zone schools, those students who need English learner assistance in the North Zone — a small population of students — get far less assistance than students of the same language acquisition status who live in South or Central Zones. 22.3 According to the audit study, the North Zone “does its own thing,” and the stakeholders interviewed believe that the district has agreed not to interfere. 22.4 Those interviewed from the North Zone were aware of the fact that South and Central Zones receive substantially more money per student due to state and federal funding for the impoverished and under-performing schools. 22.5 According to the management audit, zone meetings are evaluated by the parents as more important than board-level meetings because the board does not know the concerns from any one particular zone. - 18 Report Card: Pajaro Valley Unified School District Conclusions A. The Appearance of a Conflict of Interest on the Part of the Superintendent
Additional Recommendations
7
Not linked to specific findings.
R1:
Since it is unknown when the district’s ethics policy was enacted, the board must determine if the superintendent’s actions concerning the purchase of materials from a former employer were in violation of policy. Addressing this issue will contribute to the credibility of the board and engender confidence from the community.
R2:
The board needs to develop a comprehensive fiscal oversight policy. 2.1 The board should develop reasonable criteria for maintaining fiscal oversight responsibilities and perform oversight by diligently reviewing purchase orders and disbursements that meet designated dollar totals and/or determine other criteria for oversight. 2.2 The board must be sure it is reviewing disbursements from all funds for which it is responsible; this review must include — but is not limited to — disbursements from categorical and grant funds. 2.3 Any consultant fees from any fund should be reported to the board in the same timely manner as other disbursements. 2.4 The annual independent audit should verify that the board has been made aware of all consultants’ fees. 2.5 The board should place in the Independent Audit Scope a provision that the Independent Auditor will ascertain that all expenditures and purchases requiring board oversight were, in fact, presented to the board in a clearly defined format and were timely, complete and accurate. 2.6 A Fiscal Crisis and Management Assistance Team (FCMAT) study for the period 2002-2007 should be contracted to determine if all operational and instructional expenditures and disbursements were appropriate and prudent. The board should take any actions necessary to resolve problems uncovered by the study. Report Card: Pajaro Valley Unified School District - 21 2.7 The board should examine the educational and financial value when approving large or multiple-year contracts for licenses or services, regardless of which taxpayer funds are allocated to pay for them. 2.8 One of the highest priorities of the board should be safeguarding the taxpayer monies. 2.9 The board must be vigilant in the following areas: • assuring the delivery of quality education to all the students, including knowing what educational strategies are being delivered. • overseeing the superintendent and requiring adherence to goals and benchmarks needed to achieve district responsibilities. • maintaining open communication with students, community and parents.
R3:
The PVUSD Board should take appropriate steps to ensure better oversight of construction projects. 3.1 The district’s list of vendors involved in the construction projects should be reviewed and their performance audited. This information about vendors should be made public. 3.2 A Certificate of Participation should only be used in dire financial situations. The board should first consider other methods of financing. 3.3 In future construction, the location should be secured before the district invests in a design project. 3.4 Since the Grand Jury determined that no effective oversight of construction project spending has been done, a Fiscal Crisis and Management Assistance Team study for the period 2002-2007 should be contracted to determine if all construction expenditures were appropriate and prudent. This study would provide a clean slate for the board to institute more prudent oversight of future construction projects.
R4:
The superintendent needs to effectively manage instruction and implement a consistent plan throughout the district. 4.1 The School Assistance and Intervention Team (SAIT) changes, the District Alternative Governance (DAG) committee recommendations, and those of the Gold Study should be implemented as soon as possible in all the under-achieving schools in the district in order to garner consistency and measurability of the learning benchmarks. 4.2 The Nine Essential Program Components as set by the California Department of Education and used by the DAG team should be instituted in all regular elementary, middle and high schools in the District. A grid plan similar to the one developed by the DAG team should be worked out for each school using the format and benchmarks set by the DAG report and setting early attainment dates. The assistant superintendents and the superintendent should be the primary persons responsible for performing - 22 Report Card: Pajaro Valley Unified School District this task, and the principals and the school staffs should collaborate with one another until all of those benchmarks are set and met. 4.3 Those barriers to good education that are management-related — as spelled out in four management studies, the DAG, the SAIT, the Gold Study and the Management Audit Study — should be remedied immediately with assertive, scheduled and measured action by those persons in charge – the superintendent and whatever deputies the superintendent designates. This is a primary responsibility and must not be avoided or delayed by studies and the formation of committees. All of these actions and benchmarks should be in place for the next school year to remove any inconsistencies and failures to teach to approved strategies and goals. 4.4 District staff should give a monthly status report of the benchmarks accomplished and the status of those in process with scheduled dates of completion. o Those benchmarks not accomplished within the scheduled dates should be discussed and remedied and new firm dates set for accomplishment. o Those benchmarks achieved and verified should be met with much fanfare. This will contribute to credibility of the board and confidence from the community 4.5 In concurrence with the Gold Study, the Management Audit Report and the recommendations of many of the stakeholders, an expert curriculum specialist should be hired immediately and given the responsibility and authority to review the integrity and consistency of the district-wide curricula, texts, standards and teaching strategies.
R5:
The purpose and attendance requirements of zone meetings should be clearly defined. The meetings should be well publicized and accessible to all. Agendas and minutes should be readily available.
R6:
Zone management should establish a uniform method of communicating their deliberations and actions to the board.
R10-02:
Resume August 2002, Dr. Mary Anne H. Mays Ed.D 12-29-02 Newsmaker of the Year PVUSD Trustees: Board names new high school, hires female superintendent, Santa Cruz Sentinel 2003 2003 The Brown Act, Open Meetings for Local Legislative Bodies (The California Attorney Generals Office, 2003, p. 1.) 10-24-03 Friday Board Update, October 24, 2003, Dr. Mary Anne Mays, pg. 2 2004 4-3-04 Fifty years after Brown v. Board of Education, segregation no longer black and white, The San Diego Union-Tribune [Article on integration using PVUSD as an example] 10-12-04 Management Audit, Organizational and Efficiency Study, October 12, 2004, School Services Corporation 10-25-04 The Education Innovator, October 25, 2004 www.ed.gov/print/news/newsletters/Innovator/2004/1025.html 2005 2-05 Dr. Mays’ Reply to Management Audit, Planning Operational Improvements and Efficiency, February 2005, Superintendent, Dr. Mary Anne Mays 6-30-05 Watsonville “Emergency Card” OPT-OUT a Winner, Santa Cruz Indymedia 11-2-05 The Pajaro Valley Unified School District Creates Innovative Ways to Challenge Reading Skills, Graniterock Press Release for press conference [Regarding the Million Word Campaign] 2006 2006 Student Success, A Shared Vision, 2006 Report to the Community, Santa Cruz County Office of Education 2-10-06 Contentious PVUSD board race began with Superintendent’s exit, Times Publishing Group 3-24-06 PV school superintendent resigns, Santa Cruz Sentinel 4-4-06 Pajaro Superintendent Dr. Mary Anne Mays Resigns, The Mid-County Post - 24 Report Card: Pajaro Valley Unified School District 4-18-06 The Struggle Continues at Pajaro Schools, Business Chief Retires a Few Weeks after Superintendent Resigns – Recall Campaign Announced Against Trustee, The Mid-County Post 7-20-06 Business leaders seek ‘outstanding’ PVUSD school board, Santa Cruz Sentinel 10-4-06 Retired teacher, volunteer vie for P.V school board, District ‘turmoil’ prompts volunteer to seek post and Board members touts experience and leadership, Santa Cruz Sentinel 10-8-06 Nuances of school board trusteeship, Santa Cruz Sentinel [Editorial page] 10-26-06 Former PVUSD administrator alleges slander by school board member, Santa Cruz Sentinel 11-3-06 Balance of power hangs in outcome of PVUSD races, Santa Cruz Sentinel [A summary of issues facing PVUSD] 11-14-06 Students look back on state’s history, Santa Cruz Sentinel 12-4-06 PVUSD leaders to be sworn in Wednesday, Santa Cruz Sentinel 2007 1-9-07 Pajaro Implements Efforts To Raise Scores and Avert Takeover, The Mid-County Post 1-9-07 No School Left Behind!, The Mid-County Post 1-9-07 Former Pajaro Schools Personnel Director Settles Lawsuit, The Mid-County Post 1-11-07 Change Requires Effort, Good Times [Article by Michael Watkins, COE] 1-18-07 Pajaro Valley schools shocker: Mays back as superintendent, Santa Cruz Sentinel 1-18-07 PVUSD new board majority approves return of superintendent, Santa Cruz Sentinel 1-19-07 Mays envisions stabilizing P.V. schools, Santa Cruz Sentinel 1-19-07 PVUSD makes decisive choice, Santa Cruz Sentinel [Editorial] 1-23-07 Dr. Mary Anne Mays Returns to Pajaro as Interim, The Mid-County Post 2-2-07 Board of trustees must not ignore the Brown Act, Register-Pajaronian 2-3-07 PV High School is getting a bum rap, Register-Pajaronian [Letters to the Editor] Report Card: Pajaro Valley Unified School District - 25 2-4-07 Luis Alejo letter to the Board, Re. Brown Act Violations during the January 17, 2007 meeting. 2-7-07 Schools chief warns of low expectations, O’Connell: Minority students suffer because of racial bias, Santa Cruz Sentinel [O’Connell is State Superintendent of Schools.] 2-07-07 DAG Study, Overview of PVUSD District Alternative Governance Committee Process as presented to the PVUSD Board February 7, 2007, included in Board Study Packet 2-9-07 Pajaro Valley school district headed to trial over high school mold clean-up, Santa Cruz Sentinel 2-9-07 PVUSD headed to trial over P.V. High School $1.5 million mold cleanup, Santa Cruz Sentinel 2-14-07 English Learner Program Evaluation Final Report, February 14, 2007 Norm Gold Associates 2-20-07 Beacon Charter Organizers Developing Plans for South County Schools, The Mid-County Post 2-20-07 Pajaro’s Program Improvement Schools Face Many Recommendations, Little Time, The Mid-County Post 2-21-07 $1.5 million dollars grant aims to curb gang activity at middle school level, Santa Cruz Sentinel 2-24-07 P.V. schools superintendent back — at 60 percent, Santa Cruz Sentinel 3-1-07 PVUSD board votes to hire Mays as interim superintendent, Santa Cruz Sentinel 3-3-07 Pajaro Valley school district in major flux, Santa Cruz Sentinel 3-8-07 PVUSD ponders management shake-up, Santa Cruz Sentinel 3-12-07 Educators await slate of school studies, Santa Cruz Sentinel [23 state department of education studies] 3-15-07 SAIT State Intervention Report, February 28, 2007, Board Packet Report by Mrs. Vicki Alterwitz, Action Learning Systems Progress Report Mar 15, 2007 3-17-07 $2.5 million dollars reading center now open, Santa Cruz Sentinel [The center is at Cal State Monterey Bay] 3-17-07 Management mop-up? Pinks slips handed out to five, Register Pajaronian 3-19-07 Beacon aims to open schools in P.V. and S.C, Santa Cruz Sentinel [Beacon is a charter school organization.] 3-27-07 School district employees silenced, Mays says only she can discuss schools with press, public, Register Pajaronian - 26 Report Card: Pajaro Valley Unified School District 3-27-07 Mays’ stormy return to PVUSD, www.santacruzlive.com/blogs/education/2007/03/27/mays-stormy- return-to-pvusd/ 3-28-07 State ratchets up pressure on lagging schools, Santa Cruz Sentinel [2006 Base Academic Performance Index (API) Report p. A-4] 3-30-07 Pajaro Valley teachers oust longtime leader, Santa Cruz Sentinel [Change in teachers union leadership] 4-3-07 Dispute emerges over P.V. teachers union’s leadership, Santa Cruz Sentinel 4-5-07 Membership has spoken, Santa Cruz Sentinel [Letters to the Editor] 4-6-07 P.V. teachers union election challenged, Santa Cruz Sentinel 4-6-07 Savino challenges Pajaro Valley teachers union election, Santa Cruz Sentinel 4-7-07 Befuddled by PVFT’s style of democracy, Register Pajaronian [Letters to the Editor] 4-10-07 Poor decisions being made for our school district, Register Pajaronian 4-11-07 Fed up with this school district, Register Pajaronian [Letters to the Editor] 4-12-07 Business Deal sparks questions about P.V. teachers union, Santa Cruz Sentinel 4-17-07 Half of seniors who flunked exit exam returned to school, Santa Cruz Sentinel [CA Jack O’Connell, State Superintendent of Instruction re: state wide exit exam results.] 4-19-07 Trustees focus on improving English proficiency, Santa Cruz Sentinel 4-20-07 Teach kids in English, Santa Cruz Sentinel [Letters to the Editor on the bilingual policy] 4-21-07 County school board OKs office move, Pajaro Valley educators, trustees blast deal to buy Harvey West space, Santa Cruz Sentinel 4-21-07 P.V. students enjoy incentives before critical testing, Santa Cruz Sentinel 4-22-07 How a School Gets Into and Out of Federal Sanctions, Santa Cruz Sentinel 4-24-07 Teachers union settles leadership crisis, Santa Cruz Sentinel 4-26-07 Program helps to build a future with students, ROP organizers reach out to middle schools, Santa Cruz Sentinel 4-07 State threatens to take away five local schools, Mays stays in district to head new committee, Register Pajaronian Report Card: Pajaro Valley Unified School District - 27 Date unknown Judge faults P.V. school district in student’s expulsion, Santa Cruz Sentinel 5-25-07 P.V. District in discord over new post, Santa Cruz Sentinel [Regarding the hiring of a deputy superintendent.] Date unknown Pajaro Valley Unified School District Board of Trustees Bylaw 9270 ‘Conflict of Interest’ Date unknown Government Code 89503,Government Code 81013, The Political Reform Act of 1974; Article 2, Chapter 7 Multiple dates Warrants, Invoices, Purchase Orders 2003-2006 to NCEE: school years 2003-2004, 2004-2005, 2002-5-2006 Watsonville HS, Pajaro MS, Calabasas ES. Doesn’t include travel, personal expenses for training etc.; not audited. Web Sites: Center for Public Integrity http://www.publicintegrity.org/default.aspx Senate Governmental Affairs Committee http://www.senate.gov~govt-aff/ SEC – Securities and Exchange Commission http://www.sec.gov/ COP Information http://www.scgi/2001/certpart.htm Mays’ stormy return to PVUSD www.santacruzlive.com/blogs/education/2007/03/27/mays-stormy-return-to-pvusd/ The Education Innovator, October 25, 2004 www.ed.gov/print/news/newsletters/Innovator/2004/1025.html - 28 Report Card: Pajaro Valley Unified School District
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Findings & Recommendations
22 findings
F1:
In early 2003, within months of leaving a position with the for-profit company America’s Choice, the superintendent asked a subordinate to purchase the America’s Choice Million Words Campaign. This request was followed up in 2003, 2004, and 2005 when she encouraged subordinates to purchase a multi-year educational program from America’s Choice — including licenses, texts, materials and training — for three schools. Amounts paid over the three-year initial period (2003-2004, 2004-2005, 2005-2006) amounted to more than $1,300,000, according to a review of the documentation Response: The Pajaro Valley Unified School District (PVUSD) DISAGREES. In 2003, and during Dr. Mary Anne Mays’ employment at National Center on Education and the Economy (NCEE), America’s Choice was a program of a “not for profit” organization. The Million Word Campaign is an idea, not a thing and therefore cannot be purchased. No funds were expended by the district “to purchase the America’s Choice Million Words Campaign.” Information about the America’s Choice comprehensive school design had been presented to a number of PVUSD schools prior to Dr. Mays’ arrival. The district was introduced to the program as early as 2000 when America’s Choice information was obtained at a seminar and shared with Pajaro Valley Unified School District staff. Each school had a team that reviewed different state-approved program options. These teams consisted of parents, teachers and administration, and each decision required a vote by either staff or a subset of staff (Watsonville High School). Three PVUSD schools selected America’s Choice as their partner by using a thorough process of review and site-based decision making involving a team approach. - 18 Report Card: Pajaro Valley Unified School District The district did not spend $1.3 million on America’s Choice. The expenditures from 2003 through 2006 were under $950,000, or approximately $300,000 per year. It is common for purchase orders to be cancelled or only partially filled prior to payment, which may account in part for the misinformation in the Grand Jury report. All requests for continued involvement came directly from sites.
F2:
The superintendent was intimately familiar with the America’s Choice program. According to her resume, when she was employed by the National Center for Education and the Economy (NCEE), she “assisted in the development and refinement of the comprehensive school design America’s Choice.” America’s Choice is a subsidiary of NCEE. Response: The PVUSD AGREES. This is an accurate statement. The America’s Choice Design is based on extensive research. It was one of the comprehensive school reform models specifically identified in the Obey-Porter Comprehensive School Reform Act. Dr. Mays is proud to have been a part of its development.
F3:
The superintendent, as a former employee of America’s Choice, was reportedly offered a stock purchase option. Response: The PVUSD DISAGREES. This is a statement of rumor in complete contradiction of facts. The Grand Jury was provided a letter dated April 26, 2007 from America’s Choice indicating that it was not a “for profit” organization at the time of Dr. Mays’ employment. The letter states that when it did become “for profit” in October 2004, Dr. Mays was not an employee and was not offered any stock option. The Grand Jury had this letter prior to the release of the report, but chose to disregard this information. It should also be noted that the letter from America’s Choice submitted by Dr. Mays to the Grand Jury was among several items not listed as source documents in the Grand Jury's report. Additionally, a letter has been submitted from Jason S. Dougal, General Counsel, The National Center on Education and the Economy, America’s Choice, Inc. to The Honorable Judge Paul Mariganda, Presiding Judge of the Superior Court, further clarifying this issue.
F4:
The superintendent’s did not clearly indicate her connection to America’s Choice when she encouraged its purchase by her subordinates. Response: The PVUSD DISAGREES. Dr. Mays did not encourage the purchase of America’s Choice by her subordinates, therefore the remainder of this statement is inconsequential. As stated in #1 above, the process of choosing a program was in motion prior to Dr. Mays’ hiring as superintendent. In any discussion with staff, Dr. Mays was open about her prior affiliation with the education curriculum development, a key qualification for her role as an instructional leader. Report Card: Pajaro Valley Unified School District - 19
F5:
The district’s ethics policy includes conflict of interest guidelines which may apply in this type of situation, but because this policy is not dated, it is not clear when it went into effect. Response: The PVUSD DISAGREES. The district's ethics policy does not apply as there was no conflict of interest or coercion on the part of the superintendent. The superintendent has not had any ownership or other financial interest in America’s Choice. School staffs selected the design as part of site-based decision making on the expenditure of categorical funding. It should be noted that any duly diligent inquiry by the Grand Jury would have yielded the fact that the district's ethics policy in effect on the date of Dr. Mays’ employment was clearly dated as having been adopted October 8, 1997, with related Board Policy Exhibit 9270 dated September 24,
Related Recommendations (1)
R1:
Since it is unknown when the district’s ethics policy was enacted, the board must determine if the superintendent’s actions concerning the purchase of materials from a former employer were in violation of policy. Addressing this issue will contribute to the credibility of the board and engender confidence from the community. Response from the PVUSD: The PVUSD Board of Trustees will take no action to implement the recommendation, as the Grand Jury’s original findings (and innuendo) on this issue are unsupported by facts, and no wrongdoing was found. (See response to
F6:
Several concerns with the budget review process were investigated. 6.1 The PVUSD’s annual budget and amended budgets are often delivered to the board without adequate time for the trustees to study and understand their contents. Response: The PVUSD DISAGREES. This statement regarding adequate notice of proposed budgets is one of opinion rather than fact, and depends upon any given trustee’s interest in the budget and willingness to meet with district staff outside of a board meeting during the budget preparation period. Trustees have had, and continue to have, the opportunity to meet with either the Associate Superintendent of Business and/or the Director of Finance at any time. Some trustees have taken advantage of this opportunity and others have made the personal choice to not meet with district finance personnel. In addition, as is the case with all California school districts, final budget numbers are contingent upon the State Legislature and the state budget, which often is not approved prior to the district’s budget adoption, meaning some of the information is subject to change up to the date of the budget adoption. 6.2 According to some board members (past and present), they are discouraged from asking questions because asking questions makes the meetings last too long. Response: The PVUSD DISAGREES. PVUSD has no information or belief as to the accuracy of the Grand Jury’s report on the comments of some trustees. It is the responsibility of each trustee to come fully prepared to a board meeting. This may mean a willingness to meet with district personnel prior to a meeting to review questions and concerns a trustee may have. This is especially true in the case of budget adoption, where a trustee is - 20 Report Card: Pajaro Valley Unified School District responsible for a budget of over one quarter billion dollars ($268 million: $178 million General Fund including unrestricted and restricted funds (categorical); $90 million of miscellaneous funds such as charters, construction, food services, self insurance and other similar funds.) Each trustee takes the personal responsibility to ask questions and understand the budget so that he or she is well prepared at a board meeting. The Business Department encourages trustees to ask questions prior to a board meeting, as questions raised during a meeting may require research and thus cannot always be adequately answered at the meeting. Each board president runs meetings according to his or her professional standards and expectations, with some adhering to a tighter schedule for trustee questions and comments than others. Trustees are knowledgeable about how each president runs meetings, and it is a trustee's responsibility to prepare appropriately. During her time on the board, from 1994 – 2006, one trustee left each meeting promptly at 11:00 pm, citing the Americans with Disabilities Act. If a budget discussion occurred during that time, the discussion was generally ended at her request so a vote could be taken. The aforementioned trustee was board president twice during the time in question, and meetings ended at or before 11:00 pm under her presidency, which naturally limited discussion on all topics. In PVUSD, a board president's conduct of meetings generally allows for a broad discussion, encouraging trustees to discuss topics and ask questions at length. This has led to many meetings lasting well past midnight. 6.3 Some board members reported that they do not understand the budget and that the budget and amendments are not an area of their individual interest. Response: The PVUSD PARTIALLY AGREES. PVUSD has no information or belief as to the accuracy of the Grand Jury’s report on the comments of some trustees. PVUSD cannot control what areas interest a trustee. Trustees have ample opportunities to take advantage of budget trainings, workshops and one- on-one meetings with representatives from the Business Department. Budget workshops are held at least twice per year at either regular or special board meetings, and the Business Department is available to answer questions and help trustees understand the budget on an individual basis. California School Boards Association (CSBA) offers a number of classes and seminars on school district budget for trustees throughout California. School Services of California, a private organization, also runs budget seminars for trustees to attend. PVUSD trustees are encouraged to attend these seminars, some of which are local (within a 30-mile radius) and/or on weekends. Trustees are elected for a variety of reasons and there are no job requirements for this elected position, nor any requirements that once on Report Card: Pajaro Valley Unified School District - 21 the school board a trustee learn about budgets. It is a trustee’s personal decision if he or she wishes to take advantage of the wealth of training and individual meetings with finance personnel. Some trustees have chosen to take advantage of this opportunity and others have not. It is possible that some trustees are simply not interested in the budget, but rather choose to focus on areas such as student achievement or employee accountability. It is, therefore, the personal choice of an individual trustee to take advantage of the many opportunities to become more comfortable with the budget of a school district.
Related Recommendations (1)
R2:
The board needs to develop a comprehensive fiscal oversight policy. Response from the PVUSD: The board is already in the process of adopting new policies based on the California School Boards Association’s recommended policy on fiscal oversight. This item will be discussed by the agenda committee, which includes three trustees, within the next three months to determine if an action item needs to be placed on the agenda. 2.1 The board should develop reasonable criteria for maintaining fiscal oversight responsibilities and perform oversight by diligently reviewing purchase orders and disbursements that meet designated dollar totals and/or determine other criteria for oversight. Response from the PVUSD: The board is in the process of adopting new policies based on CSBA’s recommended policy on fiscal oversight. This item will be discussed by the agenda committee, which includes three trustees, within the next three months to determine if an action item needs to be placed on the agenda. It should be noted that review of purchase orders and disbursements already occurs and is performed by district staff. As previously mentioned, one former trustee and one community member also routinely review this information. - 58 Report Card: Pajaro Valley Unified School District 2.2 The board must be sure it is reviewing disbursements from all funds for which it is responsible; this review must include — but is not limited to — disbursements from categorical and grant funds. Response from the PVUSD: This recommendation represents the district standard practice and therefore is already implemented. No further action will be taken. 2.3 Any consultant fees from any fund should be reported to the board in the same timely manner as other disbursements. Response from the PVUSD: This recommendation represents the district standard practice and therefore is already implemented. No further action will be taken. 2.4 The annual independent audit should verify that the board has been made aware of all consultants’ fees. Response from the PVUSD: This recommendation is already implemented. No further action will be taken. These fees are paid through warrants, which are accessible to the board. District annual independent audits are performed consistent with state mandated requirements. 2.5 The board should place in the Independent Audit Scope a provision that the Independent Auditor will ascertain that all expenditures and purchases requiring board oversight were, in fact, presented to the board in a clearly defined format and were timely, complete and accurate. Response from the PVUSD: The recommendation requires further analysis. This item will be discussed by the agenda committee, which includes three trustees, within the next three months to determine if an action item needs to be placed on the agenda. 2.6 A Fiscal Crisis and Management Assistance Team (FCMAT) study for the period 2002-2007 should be contracted to determine if all operational and instructional expenditures and disbursements were appropriate and prudent. The board should take any actions necessary to resolve problems uncovered by the study. Response from the PVUSD: This recommendation will not be implemented. The district has no information to suggest that any expenditures during the referenced five year period were other than appropriate or prudent, and, thus, cannot justify the expense of a FCMAT review. FCMAT did a thorough review in
F7:
There are differences of opinion within the board as to what constitutes appropriate fiscal oversight. 7.1 A number of trustees (past and present) stated they prefer to trust that the budget is an accurate and efficient document not needing their input or oversight. Response: The PVUSD PARTIALLY AGREES. PVUSD has no information or belief as to the accuracy of the Grand Jury’s report on the comments of some trustees. An opinion is not a fact, and PVUSD cannot disagree with opinions. Some trustees, both past and present, could have this opinion. Trustees are not generally elected based on the ability to manage a one quarter billion dollar budget. However, budget oversight is one of the many responsibilities of a trustee. Board Policy 9000(b), revised and adopted July 26, 2006, deals specifically with the role of the board and the budget. This replaces Policy 9000 adopted on May 27, 1998. Trustees are not involved in the day-to-day operations of a district, and therefore, like all boards overseeing large business entities, rely on the expertise of business and financial professionals. 7.2 None of the board members interviewed (past and present) knew the dollar amount or types of purchases that should go to the board for approval. Response: The PVUSD PARTIALLY AGREES. PVUSD has no information or belief as to the accuracy of the Grand Jury’s report on the comments of some trustees. This item deals with a trustee’s personal knowledge and responsibility for learning and retaining information, something that PVUSD cannot control. It may be true that the past and present trustees interviewed and asked this question have not reviewed the board policies provided to them, or in the case of past trustees, have not retained this information as it is no longer pertinent to him or her. Board Policy 3156, provided to all past and present trustees, states, “The Superintendent shall submit purchase orders that are in excess of $500 to - 22 Report Card: Pajaro Valley Unified School District the Governing Board…” Purchase order reports are available for review prior to each board meeting. Each board agenda states, “The PO’s [purchase orders] will be available in the Superintendent's Office.” For at least 12 years, from 1994 to 2006, one trustee was informally designated by the board to review warrants, and one community member asks for this information on a regular basis. Thus, to the extent that an individual trustee does not know the dollar amount of types of purchases subject to board approval, this is not due to district policy or practice. 7.3 Some board members and district staff reported that they did not know that there were policies and procedures concerning board oversight. Response: The PVUSD PARTIALLY AGREES. PVUSD has no information or belief as to the accuracy of the Grand Jury’s report on the comments of some (unstated number of) trustees. This item also deals with personal knowledge and responsibility for learning and retaining information, something that the district cannot control. To the extent that the findings imply some deficiency on the part of the district, every trustee is provided with a Board Policy Manual upon joining the board, and is given updated changes as they occur. These policies are also available at the district office for any member of the staff to review. Staff members are represented by bargaining units, and unit leadership is aware of the district's policies and procedures and is familiar with how to obtain specific information. Board Policies have been regularly updated. In 2005 the Board of Trustees initiated a major policy revision and update. This process is not yet completed, as the work is extensive and policies can only be approved at board meetings along with other district business. It is up to each trustee to read the policy manual regarding the board’s role and to participate in the discussion at the board meeting when the policy is being reviewed.
Related Recommendations (1)
R2:
The board needs to develop a comprehensive fiscal oversight policy. Response from the PVUSD: The board is already in the process of adopting new policies based on the California School Boards Association’s recommended policy on fiscal oversight. This item will be discussed by the agenda committee, which includes three trustees, within the next three months to determine if an action item needs to be placed on the agenda. 2.1 The board should develop reasonable criteria for maintaining fiscal oversight responsibilities and perform oversight by diligently reviewing purchase orders and disbursements that meet designated dollar totals and/or determine other criteria for oversight. Response from the PVUSD: The board is in the process of adopting new policies based on CSBA’s recommended policy on fiscal oversight. This item will be discussed by the agenda committee, which includes three trustees, within the next three months to determine if an action item needs to be placed on the agenda. It should be noted that review of purchase orders and disbursements already occurs and is performed by district staff. As previously mentioned, one former trustee and one community member also routinely review this information. - 58 Report Card: Pajaro Valley Unified School District 2.2 The board must be sure it is reviewing disbursements from all funds for which it is responsible; this review must include — but is not limited to — disbursements from categorical and grant funds. Response from the PVUSD: This recommendation represents the district standard practice and therefore is already implemented. No further action will be taken. 2.3 Any consultant fees from any fund should be reported to the board in the same timely manner as other disbursements. Response from the PVUSD: This recommendation represents the district standard practice and therefore is already implemented. No further action will be taken. 2.4 The annual independent audit should verify that the board has been made aware of all consultants’ fees. Response from the PVUSD: This recommendation is already implemented. No further action will be taken. These fees are paid through warrants, which are accessible to the board. District annual independent audits are performed consistent with state mandated requirements. 2.5 The board should place in the Independent Audit Scope a provision that the Independent Auditor will ascertain that all expenditures and purchases requiring board oversight were, in fact, presented to the board in a clearly defined format and were timely, complete and accurate. Response from the PVUSD: The recommendation requires further analysis. This item will be discussed by the agenda committee, which includes three trustees, within the next three months to determine if an action item needs to be placed on the agenda. 2.6 A Fiscal Crisis and Management Assistance Team (FCMAT) study for the period 2002-2007 should be contracted to determine if all operational and instructional expenditures and disbursements were appropriate and prudent. The board should take any actions necessary to resolve problems uncovered by the study. Response from the PVUSD: This recommendation will not be implemented. The district has no information to suggest that any expenditures during the referenced five year period were other than appropriate or prudent, and, thus, cannot justify the expense of a FCMAT review. FCMAT did a thorough review in
F8:
Difficulties overseeing expenditures were reported. 8.1 At regular board meetings, the consent packet includes a listing of some payments and some purchase orders. The listings of disbursements and purchase orders are not all-inclusive and are not reported in a format that allows board members to oversee expenditures effectively. Response: The PVUSD PARTIALLY AGREES. PVUSD has no information or belief as to the accuracy of the Grand Jury’s report on comments of “reported difficulties”. Any trustee can review warrant or purchase information, and all trustees have been informed where this information is located. Additionally, each board meeting agenda states, “The PO’s will be available in the Superintendent's Office” under the Consent Agenda section. The purchase order reports are cumbersome, include a variety of codes as required by Report Card: Pajaro Valley Unified School District - 23 law, and as is the case with most public governing bodies, are set forth in a condensed form in board reports for public meetings. During the 12- year period that warrants were routinely reviewed by a trustee, any noted irregularities would have been immediately corrected. The very nature of governance is that governing bodies cannot micromanage the myriad operations of a public agency and must rely on staff qualified to carry out the daily operations. 8.2 Board members reported they did not review purchases made from categorical or grant funds and some reported they thought of these funds as “free money” that didn’t require oversight. Response: The PVUSD PARTIALLY AGREES. PVUSD has no information or belief as to the accuracy of the Grand Jury’s report on trustee comments. This is a judgment statement. This item deals with personal knowledge and responsibility for learning and retaining information, matters outside the district's ability to control other than by providing information and training opportunities. Trustees are offered an array of trainings on budgets and finance, including the process of obtaining grants and spending categorical funds, as referenced in Response to 6.3, above. It is the responsibility of each trustee to seek out additional information if he or she does not understand the process following an information/training session. 8.3 Purchases were made from a new vendor (NCEE-America’s Choice) of a multi-year program and materials amounting to over $1,300,000 without specific board approval. These purchases were paid from various funding sources including categorical funds (state, federal and private funds with specific purposes and requirements). Response: The PVUSD PARTIALLY AGREES. The finding is unspecific as to time. Expenditures for materials from this vendor were under $950,000, as referenced in Response to 1.C above. Purchases were made on the basis of individual school site decisions.
Related Recommendations (1)
R2:
The board needs to develop a comprehensive fiscal oversight policy. Response from the PVUSD: The board is already in the process of adopting new policies based on the California School Boards Association’s recommended policy on fiscal oversight. This item will be discussed by the agenda committee, which includes three trustees, within the next three months to determine if an action item needs to be placed on the agenda. 2.1 The board should develop reasonable criteria for maintaining fiscal oversight responsibilities and perform oversight by diligently reviewing purchase orders and disbursements that meet designated dollar totals and/or determine other criteria for oversight. Response from the PVUSD: The board is in the process of adopting new policies based on CSBA’s recommended policy on fiscal oversight. This item will be discussed by the agenda committee, which includes three trustees, within the next three months to determine if an action item needs to be placed on the agenda. It should be noted that review of purchase orders and disbursements already occurs and is performed by district staff. As previously mentioned, one former trustee and one community member also routinely review this information. - 58 Report Card: Pajaro Valley Unified School District 2.2 The board must be sure it is reviewing disbursements from all funds for which it is responsible; this review must include — but is not limited to — disbursements from categorical and grant funds. Response from the PVUSD: This recommendation represents the district standard practice and therefore is already implemented. No further action will be taken. 2.3 Any consultant fees from any fund should be reported to the board in the same timely manner as other disbursements. Response from the PVUSD: This recommendation represents the district standard practice and therefore is already implemented. No further action will be taken. 2.4 The annual independent audit should verify that the board has been made aware of all consultants’ fees. Response from the PVUSD: This recommendation is already implemented. No further action will be taken. These fees are paid through warrants, which are accessible to the board. District annual independent audits are performed consistent with state mandated requirements. 2.5 The board should place in the Independent Audit Scope a provision that the Independent Auditor will ascertain that all expenditures and purchases requiring board oversight were, in fact, presented to the board in a clearly defined format and were timely, complete and accurate. Response from the PVUSD: The recommendation requires further analysis. This item will be discussed by the agenda committee, which includes three trustees, within the next three months to determine if an action item needs to be placed on the agenda. 2.6 A Fiscal Crisis and Management Assistance Team (FCMAT) study for the period 2002-2007 should be contracted to determine if all operational and instructional expenditures and disbursements were appropriate and prudent. The board should take any actions necessary to resolve problems uncovered by the study. Response from the PVUSD: This recommendation will not be implemented. The district has no information to suggest that any expenditures during the referenced five year period were other than appropriate or prudent, and, thus, cannot justify the expense of a FCMAT review. FCMAT did a thorough review in
F9:
The district has a recent history of being governed by interim superintendents. Response: The PVUSD AGREES. While it is the Board of Education that governs the district, the district has been administered by interim superintendents since July 1, 2006. Both individuals who have served in the interim superintendent position are highly qualified. 9.1 The district applied for “interim” superintendent status with an emergency waiver while having another interim superintendent under contract. Response: The PVUSD PARTIALLY AGREES. The district did not apply to obtain any outside approval for the hire of an interim superintendent. The district did apply pursuant to Education Code section 24216 to the California State Teachers Retirement System (STRS) - 24 Report Card: Pajaro Valley Unified School District to obtain a waiver allowing the hire of Dr. Mary Anne Mays as the new superintendent without adversely affecting her retirement benefits from STRS. While another administrator was serving as interim superintendent at the time of filing, the application was filed with knowledge that the position would soon become vacant. It should be noted that STRS approved the application as having met STRS criteria. 9.2 At the time of the writing of this report, the district is being served by a part-time (60 percent) interim superintendent. Response: The PVUSD PARTIALLY AGREES. The current interim superintendent works in the district office three days per week and is being compensated accordingly. Dr. Mays is available the other two days per week by both email and telephone, and often conducts district business during this time. There is no compensation for this additional work. The prior interim superintendent held two full-time interim positions, that of Interim Superintendent and Interim Associate Superintendent of Business, as well as a part-time position as Construction Manager. 9.3 It takes time for a district to set its priorities, establish a search committee and begin the process of filling the position of superintendent. However, to date, the board has not begun the process of filling the position of full- time superintendent. Instead, the board is considering creating the position of deputy superintendent. Response: The PVUSD DISAGREES. The PVUSD Board of Trustees has begun the process of hiring a permanent superintendent. The first step in that process was accomplished on the target schedule of August 8th with a general discussion of the timeline. The next step, on September 26, 2007, is a board discussion and possible action to approve the superintendent search process. The board determined that the best strategy for developing a strong administrative team was to hire a deputy under the current leadership, as Dr. Mays’ strength is in curriculum development. The curriculum plan can then be completed and put into action under Dr. Mays’ leadership. This position is in agreement with the recommendations of the Grand Jury that PVUSD should hire a curriculum specialist. The decision to hire a deputy superintendent was independent of, not instead of, the hire of a superintendent. The district now has a deputy superintendent who will focus on curriculum and instruction. The decision to develop the position was made by the board based on a deliberative process and in accordance with board policy. 9.4 A letter signed by approximately 500 teachers was presented to the board requesting a full-time superintendent. Report Card: Pajaro Valley Unified School District - 25 Response: The PVUSD DISAGREES. A petition was delivered to the Board of Trustees requesting that the “PVUSD School Board begin the process of searching for and hiring a full-time superintendent of schools for the 2007 – 2008 school year”. There is no date on this petition. Some signatures on the petition are by teachers, but the majority of the signatures are not. The majority of signatures on the petition appear to be those of students and parents. Some signatories identify themselves as attending schools outside the PVUSD, including Cabrillo College. As stated above, the board has begun the process for hiring a permanent superintendent. C. Allegations of Brown Act Violations
F10:
There is evidence that the Pajaro Valley Unified School District Board of Trustees may have not complied with the state’s open meeting laws referred to as the Ralph M. Brown Act. Response: The PVUSD DISAGREES. The district has at all times complied with the Brown Act, California’s public meeting law. (Gov. Code section 54950, et seq.) The district is aware of a complaint from two community members contending that a violation of the Brown Act occurred at a board meeting on January 17, 2007 with respect to the posting of an agenda item regarding the interim superintendent position. The item in question was posted in total compliance with Brown Act provisions that prescribe specific “safe harbor” language for the posting of items to be considered in closed session (see Govt. Code section 54954.5). The Grand Jury report fails to note that this complaint was reviewed by the County of Santa Cruz District Attorney’s Office, which not only found that a criminal violation of the Brown Act had not occurred but advised the complainants that they could choose to pursue relief in the civil courts, an option that was not exercised. The District Attorney’s letter is dated April 3, 2007, well before any investigation by the Grand Jury was finalized. 10.1 The Brown Act requires that in advance of meetings, closed and open session topics be clearly identified with a description of the subject matter to be considered. Response: The PVUSD PARTIALLY DISAGREES. While the district generally agrees that agenda items should be clearly identified, the actual language (requirement) of the Brown Act is slightly different. Government Code section 54954.2(a)(1) requires that a local agency public meeting agenda, which must be posted at least 72 hours before a regular meeting, contain, “a brief general description of each item of business to be transacted or discussed at the meeting, including items to be discussed in closed session. A brief general description of an item generally need not exceed 20 words.” - 26 Report Card: Pajaro Valley Unified School District 10.2 The following are two examples of agenda items with questionable descriptions: o In a closed meeting session on January 17, 2007, the board discussed terminating the current interim superintendent and rehiring the former superintendent in the interim role. However, the agenda item simply stated, “2.1a Title of Position, Interim Superintendent.” The board approved the termination and appointment with a majority vote. o In open session of the same January 17, 2007 meeting, agenda item 12.5 stated, “Report, discussion and possible action to approve Amended contract for Interim Superintendent.” The backup information for this agenda item stated, “The current contract for the Interim covers the responsibilities for both the Interim Superintendent and the Interim Associate Superintendent.” As reported to the Grand Jury, several of those in attendance assumed this item referred to the responsibilities of the current Interim Superintendent, but, in fact, it referred to the previous closed meeting discussion of two superintendents — the person who was currently filling a dual role as Interim and Associate Superintendent and the former superintendent who was being rehired. At best, this description was vague and confusing. Even if it were legal under the Brown Act, it does not provide the detailed level of transparency required to maintain public confidence. Response: The PVUSD DISAGREES. Both of the referenced agenda items were in complete compliance with provisions of the Brown Act. (See discussion at paragraph 10, above.) The Grand Jury has inaccurately quoted the closed session item as posted. The item in fact was posted as follows: 2.1 Public Employee Appointment: Certificated, Classified. 2.1a Title of Position: Interim Superintendent This posting was fully compliant with “safe harbor” language of the Brown Act that appears at Govt. Code section 54954.5. The agenda item posted for the open session on January 17, 2007 (item 12.5) referenced possible action to approve an amended contract for interim superintendent. In fact, the board approved a contract extension for the sitting interim superintendent consistent with the agenda item, the issue of the hire of a new interim superintendent having been addressed during the closed session that addressed the previously referenced agenda item. Report Card: Pajaro Valley Unified School District - 27 D. Board’s Oversight of Construction Funds
F11:
Because of the way it was funded, the public had little opportunity to weigh in on a multi-million dollar school construction project. In 1997, the board approved $10 million Certificate of Participation (COP) through Paine Webber to cover construction costs of schools. California Financial Services was chosen to administer the fund. Initial costs for the note came out of the COP itself before any money was available to PVUSD. This is a method of obtaining funds without public notice beyond that provided by the normal board agenda. This lack of publicity deprived parents and citizens of a reasonable opportunity to express an opinion. Response: The PVUSD PARTIALLY AGREES. The Board of Trustees did approve a $10 million COP in 1997. California Financial Services (CFS) was chosen as the district’s financial consultant in relation to the COP with Paine Webber Incorporated as the underwriter. It is also correct that the initial costs for the COP came out of the COP itself, as is ordinarily the case with this type of financing. Simultaneously, approximately $9.4 million of funds became available to PVUSD. PVUSD does not, however, agree that there was a lack of opportunity for public input or that a COP is a “method of obtaining funds without public notice.” The development and implementation process for PVUSD’s 1997 COP involved several publicly noticed board meetings, including meetings on January 15 and March 3, 1997. The district took all actions required by the Brown Act to notify the public. For example, the March 3, 1997, board agenda contained a detailed agenda item for “Final Authorizing Resolution for School Facility Bridge Funding Program.” The agenda item expressly indicated that the program would involve certificates of participation. Copies of the district’s agendas are broadly distributed to the local press, to all parties who request notice and through posting at the district office. Public comment on the agenda items was allowed at each of the board’s meetings. As a result, the public had notice and an opportunity to comment, and PVUSD complied with all applicable legal requirements. Additionally, PVUSD’s financing team made several presentations to the board, staff and the general public during the development and implementation phases of the interim funding program.
F12:
Individual trustees were not aware of the disadvantages of Certificate of Participation funding. Response: The PVUSD DISAGREES. The board was extensively briefed at the board meetings and presentations described above regarding the COP. All trustees had the opportunity to ask questions or raise issues to the district’s staff and financing team. The primary forms of the COP financing documents were available for review by the trustees in advance of the March 3, 1997 board meeting at which the COP final implementation resolution was approved. Additionally, there is no significant - 28 Report Card: Pajaro Valley Unified School District disadvantage to a COP as long as there is a repayment plan, as there was in PVUSD’s case. 12.1 The financing cost for COPs is higher than for general obligation bonds. Response: The PVUSD DISAGREES. The district’s COP weekly interest rates were actually considerably lower than the financing cost of a general obligation bond. The average fixed interest rate applicable to a general obligation bond was 5.07 percent. By contrast, the average COP weekly interest rate actually paid by PVUSD was only 1.99 percent. 12.2 Certificate of Participations require a debt-service reserve fund, typically 10 percent of the principal. Using this method usually increases the principal amount borrowed. In this case, according to CFS Financial reports, $2.4 million in fees were paid to obtain the Certificate of Participation, leaving only $7.6 million for school projects. Response: The PVUSD PARTIALLY AGREES. COPs do require a debt-service reserve fund, but the nature of the reserve fund is based on a three part test set out in the Federal Tax Code. Under the Code, the reserve may be 10 percent of the principal, but it also may be based on either 125 percent of the average annual debt service, or the maximum annual debt service, whichever of the three methods are lowest. As a result, PVUSD’s actual reserve was $698,610, which was substantially less than 10 percent. Additionally, PVUSD did not pay $2.4 million in fees. In fact, the total cost of issuance was much lower: $618,364. Almost $9.27 million remained to use as interim funding for PVUSD’s extensive construction program. These interim funds enabled PVUSD to take the initial steps of facility planning, allowing designs to be completed, and facilitating the acquisition of school sites. These steps, in turn, allowed PVUSD to secure close to $69 million ($68,845,000) in state funding. Eight different priority school projects resulted from the 1997 COP, including: acquiring the Franich site, constructing the new Ann Soldo School, Pajaro Valley High School and the new Landmark Elementary School, and the modernizing, improvement and upgrade of 15 of PVUSD’s existing schools.
F13:
The board faced numerous problems and cost overruns for construction projects. Response: The PVUSD DISAGREES. PVUSD has undertaken an extensive and complex facilities program over the past decade to address growth in its population and the need to update and upgrade PVUSD’s schools. With any construction program of over $100 million on approximately two-dozen different facilities, there will inevitably be some delays, construction disputes and cost increases over the preliminary budget estimates. Over the past decade, there has been significant inflation in construction costs that is unrelated to PVUSD’s management of its construction program. This has Report Card: Pajaro Valley Unified School District - 29 increased the cost of construction. The Office of Public School Construction’s construction cost index for schools shows that the cost of constructing wood framed buildings increased approximately 44 percent in the decade from 1997 to the present, and 28 percent in the past five years alone. Most of the district’s construction projects have been brought in within budget and without significant problems. Unlike many school construction projects around the state, PVUSD has been involved in relatively little litigation. As a result, it is inaccurate to state that the board has faced “numerous” problems and cost overruns. Further, it is inaccurate to suggest that problems that have occurred are out of the ordinary for the type of extensive facilities program that the district has undertaken. 13.1 The board faced public controversy when the site for the new high school was under review. After architectural plans were drawn for a site that had been secured and approved, many members of the Watsonville community insisted the school be built elsewhere. The board agreed and approved the Harkins Slough Wetlands as the new site. Changing the site cost the district many millions of dollars in the following areas: Response: The PVUSD PARTIALLY AGREES. The board did face controversy when it reviewed site options for a new high school. It is fairly typical statewide for new comprehensive high school projects to encounter at least some opposition and controversy because of the significant acreage needed. PVUSD began looking for a building site for a third high school as early as 1986, 21 years ago. As with any large development, particularly in Santa Cruz County, building a school on any undeveloped site would have been controversial, just as a large building supply retailer, retail warehouse, chain bookstore or discount department store all have faced similar controversy. There were a number of site requirement considerations that the district faced, including future access restrictions, road improvement capabilities, future development plans by the City of Watsonville, state acreage guidelines for a public school, setback regulations, environmental concerns, and loss of agricultural lands. The original site selected by the district was the Pinto Lake site. That site, however, had the potential for significant impacts on wildlife, as well as other restrictions. As a result, and when faced with the threat of protracted litigation, the sitting PVUSD board elected not to continue with any plans for the Pinto Lake location. No architectural design plans were ever prepared for the Pinto Lake site. It is therefore not correct that changing the planned school site cost millions of dollars. After the district’s decision not to pursue the Pinto Lake site, the current Harkins Slough site was identified in the early 1990’s as the preferred location for a new high school by a site selection committee comprised of representatives of the Santa Cruz County Local Agency Formation Commission (LAFCO), the Santa Cruz County Planning Department, City - 30 Report Card: Pajaro Valley Unified School District of Watsonville Planning Department, Santa Cruz County Farm Bureau, PVUSD Site and Facility Commission, Watsonville Wetlands Watch, Green Valley Action Committee and the PVUSD Board of Trustees. The site was identified following an exhaustive search of potential sites that lasted several years. This site was supported by The Watsonville City Council, Watsonville Wetlands Watch, the Farm Bureau, the Pajaro Valley Chamber of Commerce, the Migrant Parent Advisory Council, the Santa Cruz County Labor Council, the Latino Strategic Planning Collaborative, the Association of Mexican American Educators, and the majority of the residents of the Pajaro Valley. Over 10,000 signatures were presented to the Coastal Commission urging the approval of the project on the present site. o The original architectural plans were not designed for the multilevel terrain of the wetlands. The new school would also be located in the airport flight path turning zone. As a result, the school had to be redesigned. (Estimated loss of $1.9 million just for the new architectural plans.) Response: The PVUSD DISAGREES. Plans drawn for the current site did take into account the specific terrain of the site. Submitting those plans to the Division of State Architect enabled the district to secure hardship funding (funding similar to a grant) for the construction of the new high school from the State. The Harkins Slough site and the architectural plans were approved by the district, the California Department of Education, the Division of State Architect, and, acting as the local Coastal Commission, the City of Watsonville. Thereafter, however, the Santa Cruz County staff of the Coastal Commission raised concerns about the high school project. The Coastal Commission defined environmentally sensitive habitat areas broadly, forcing reconfiguration of the site to allow for setbacks, and thus, requiring the district to redesign the plans for the school buildings to fit within the new footprint. It was for this reason that the plans for the current site were completely revised, at a cost of approximately $1.9 million, inclusive of all engineering and other design costs. This amount was paid for entirely out of the grant of state funds and did not require expenditure of any additional local bond or other funds. Pajaro Valley High School is not in the flight path turning zone, nor did proximity to the Watsonville Airport required any “redesign” of the high school. The current Watsonville City Manager and airport manager were consulted throughout consideration of the project site, and both concurred that there are no significant safety concerns relating to the distance from the airport. The school facilities are actually outside of the turning zone, as confirmed by the Division of Aeronautics and approved by the Report Card: Pajaro Valley Unified School District - 31 California Department of Education. Caltrans’ Division of Aeronautics repeatedly found that the high school site was within an acceptable distance from the Watsonville Airport. The California Department of Education’s approval of the school site was a prerequisite to PVUSD building the school. Such approval would have been prohibited had the site been within an inappropriate distance from the airport and the turning zone. The fact that the Department of Education approved the site confirms the appropriateness and safety of the site. When the Coastal Commission staff demanded yet a further approval from the Division of Aeronautics, the district undertook a precise survey of the location of the runway and the school site. Based on this survey, and applying the then applicable 1993 Caltrans standards, a very small portion of property located on the northeast corner of the school site was found to be within the inner turning radius from the airport. This impacted only a small area generally planned for parking and did not impact plans for the actual school facilities. Additionally, this small sliver of land to the northeast, as well as an approximately nine-acre expansion site to the north, would both fall outside the turning zone and would become usable when a planned extension to the Watsonville Airport runway occurred. Furthermore, Caltrans’ aeronautics regulations were revised in 2003. Under those revisions, the entire high school site, inclusive of the northeastern sliver and the entire nine-acre expansion area, is outside of the established turning zone. The school site is within what the newer regulations establish as a “traffic pattern zone,” but the regulations do not prohibit schools in such a zone. (Cal. Code Regs., tit. 21, § 3570(d)(1)&(2).) o Extensive environmental studies were required. To get approval to build on the new site, the board had to give up a portion of the land and build the Wetlands Educational Resource Center as required by the Watsonville Municipal Code. (Estimated cost of center: $690,000.) Because there was less buildable space, the high school on the new site was 41,000 sq. ft. smaller than the one designed for the original site. Response: The PVUSD PARTIALLY AGREES. Environmental studies were required for the school site, and a comprehensive environmental impact report was prepared, as it also would have been for any other comprehensive high school site in a populated or environmentally sensitive region. One mitigation measure identified in the environmental impact report was creation and maintenance of a natural sciences study center. (Mitigation Measure B-18, p. 4-38, Draft Supplemental Environmental Impact Report). This requirement was also included as Condition No. 97 of the City’s Conditions of Approval for Coastal Development/Special Use Permit for the high school. - 32 Report Card: Pajaro Valley Unified School District Approximately 4,000 square feet of land were set aside to comply with the foregoing conditions. No school facilities were planned for that specific area, and no buildings had to be eliminated because of its inclusion. PVUSD still owns the land in question. Ultimately, the Wetlands Educational Resource Center, a building of 2,300 square feet, was built on the 4,000 square foot area, at no cost to PVUSD. The cost of the Center was funded entirely by the state and matching funds from the City of Watsonville and Watsonville Wetlands Watch. While the overall square footage of the high school facilities was reduced as a result of the redesign required by the Coastal Commission staff’s broad definition of environmentally sensitive habitat areas, there was no significant loss of needed classrooms, and additional space was later added. Thus, for example, while Coastal Commission staff comments led to deletion of buildings containing four classrooms for shop and three for purposes such as music and drama, the district was able to reconfigure a significantly oversized staff room resulting in the addition of eight classrooms. o The change in architectural plans required that an additional 60,000 cubic yards of soil had to be trucked away. (Cost: approximately $161,000.) Response: The PVUSD PARTIALLY AGREES. The Coastal Commission required, as a condition for the project, that the center tier of the campus, where the buildings are located, be lowered by five feet. This was largely intended to reduce visibility from the freeway and to meet the Commission’s preferred height restrictions. As a result, soil had to be exported from the site. However, this was not a change in the architectural plans resulting from the change from the Pinto Lake site to the Harkins Slough site. o A cafeteria was built which can seat only 328 students, yet the school will have approximately 2200 students. The kitchen facilities are also inadequate. Therefore, the food will have to be prepared in a kitchen that was remodeled at the district offices. This cafeteria was part of the original plan, and when money was not available, district administration made it a separate project paid for through a bond measure. Response: The PVUSD PARTIALLY AGREES. The capacity of the school, per the limitations imposed by the Coastal Commission, is 2,200 students. However, the cafeteria at Pajaro Valley High School has a total capacity of 608 students. Signage in the cafeteria verifies this capacity. High school cafeterias are generally not designed to hold the entire student body at one time. The district’s other two traditional high school cafeteria capacities are also well less than half of the school capacities (801 (total) at Watsonville High School and 250 (seated) at Aptos High School). Report Card: Pajaro Valley Unified School District - 33 The kitchen facility for Pajaro Valley High School is adequate; in fact, it is one of the largest kitchen facilities of any school in the district. It is not correct that the kitchen at the district office will be used for high school meals; the district office kitchen is used for the preparation of certain elementary school meals and other schools when necessary. It is correct that the cafeteria, though part of the original plan, was made a separate project. However, it was paid for by a combination of bond funds and state funding, not with bond funds alone. 13.2 Mold was found in the new school buildings. Cleaning up the mold cost the district $2.5 million. A lawsuit is still pending and legal fees are still being incurred. To date, they are estimated to be approximately $2.7 million. Response: The PVUSD PARTIALLY AGREES. Mold was discovered in the high school buildings before they were completed. The discovery of the mold at that relatively early time period allowed the district to remedy the mold problem before the buildings were all entirely completed or enclosed. The cost of cleaning the mold was approximately $700,000, not $2.5 million. It is correct that the district is currently engaged in litigation with the contractor, architect and insurer for the project to recoup that cost and other damages. The district’s legal fees incurred to date in that complex, multi-party litigation has totaled $947,266.52 as of the end of July 2007, not $2.7 million. A significant portion of this legal expense has included the costs for experts to examine the buildings and testify on behalf of the district.
Related Recommendations (1)
R3:
The PVUSD Board should take appropriate steps to ensure better oversight of construction projects. Response from the PVUSD: The recommendation requires further analysis. PVUSD consistently strives to ensure oversight of its construction projects, and continues to seek ways to improve on its already strong oversight. This topic will be discussed by the agenda committee, which includes three trustees, within the next three months to determine if an action item needs to be placed on the agenda. 3.1 The district’s list of vendors involved in the construction projects should be reviewed and their performance audited. This information about vendors should be made public. Response from the PVUSD: No additional action will be taken to implement the recommendation. District vendors on construction projects are identified to the board and public at the time that construction contracts are awarded. Pursuant to Public Contract Code 20111, PVUSD must publicly bid its construction projects that are over $15,000. Similarly, PVUSD is generally legally required to award bids to the lowest responsible bidder. The district is not ordinarily entitled to reject a particular low bidding contractor or subcontractor. Thus, while it may be of interest to some to review or audit the performance of contractors, the outcome would not alter the terms of the competitive bidding laws. 3.2 A Certificate of Participation should only be used in dire financial situations. The board should first consider other methods of financing. Response from the PVUSD: No action will be taken to implement the recommendation, as it encroaches on the discretion of elected members of the Board of Trustees to consider the use of COPs consistent with law. Report Card: Pajaro Valley Unified School District - 61 3.3 In future construction, the location should be secured before the district invests in a design project. Response from the PVUSD: No action will be taken to implement the recommendation. While it reflects a preferred sequence of events, the recommendation does not take into account unforeseen contingencies. 3.4 Since the Grand Jury determined that no effective oversight of construction project spending has been done, a Fiscal Crisis and Management Assistance Team study for the period 2002-2007 should be contracted to determine if all construction expenditures were appropriate and prudent. This study would provide a clean slate for the board to institute more prudent oversight of future construction projects. Response from the PVUSD: No action will be taken to implement the recommendation. The recommendation is unwarranted, as the district’s construction projects are already subject to significant spending oversight under multiple layers of public, local and state auditing and review. The bulk of PVUSD’s locally available construction funds come from the general obligation bond passed by PVUSD voters in 2002. This was a “Proposition 39” bond measure. As a prerequisite the approval of the bonds for the authorized projects by a 55 percent vote, Proposition 39 requires that the district “conduct an annual, independent performance audit to ensure that the funds have been expended only on the specific projects listed.” (Cal. Const., art. XIIIA, § (1)(b)(3)(C).) In addition, the district must “conduct an annual, independent financial audit of the proceeds from the sale of the bonds until all of those proceeds have been expended for the school facilities projects.” (Cal. Const., art. XIIIA, § (1)(b)(3)(D).) The Government Auditing Standards (GAS) published by the Comptroller General of the United States provides guidance regarding each type of Proposition 39 audit. A performance audit may include, among various other items, a review of the extent of project performance in relation to the expenditure of the bond proceeds. A financial audit is similar to the annual financial audits required by schools districts pursuant to Education Code sections 14503 and 41020, which require audits to be performed in accordance with General Accounting Office standards for financial and compliance audits. The largest portion of district expenditures on facilities has come not locally, but rather from state grant funds. The district must undergo a state audit for its expenditure of state construction funds, such as the hardship funding on the Pajaro Valley High School project. The state funding program requires various forms of accountability. This includes auditing of progress towards completion of a state funded project and an audit of expenditures. (Ed. Code § 17076.10; Cal. Code Regs., tit. 2, §§ 1859.105, et seq.) - 62 Report Card: Pajaro Valley Unified School District The only other significant source of funding available to PVUSD for facilities expenditure is developer fees. As with other available funds, such fees are subject to explicit accounting and reporting requirements. (Govt. Code §§ 660001 & 66006.) Finally, the district’s oversight and auditing procedures for construction projects was already the subject of study by FCMAT in a report prepared for the district, dated October 25, 2002 (2002 FCMAT Report). This report pointed to areas for improvement, many of which had to do with the recognition that the district had too few employees doing too much work. Significantly, the report also acknowledged what the district’s business department was doing well. The district’s site facilities manual -- which included identification of future facilities site maintenance needs, projected enrollments, reporting on the status of new school construction projects, and additional information – was “an excellent presentation of information of the Pajaro district facilities, which could serve as a model for use by other California school districts.” (2002 FCMAT Report, p. 15.) The report also noted that the district’s use of outside consultants in relation to its construction projects “seems to be working well.” (Id., p. 16.) Regarding the district’s internal controls, the report “commended” the district “for developing improved standards and procedures,” and concluded that “the business department is operating within a reasonable level of internal controls considering the extreme pressure that the employees are under to keep up with the overwhelming workload.” (Id., p. 20.) As stated in the report, “the overall internal controls at the Pajaro district are functioning well.” (Id., p. 22.)
F14:
When applying for funding, the board acted against the advice of financial counsel. Response: The PVUSD DISAGREES. The district did not have any “financial counsel” per se in relation to the funding in question. The district did receive advice from its financing team, including CFS, but generally acted consistent with the financing team’s
F15:
The district continued to make poor management decisions related to construction projects and other financial issues. Response: The PVUSD DISAGREES. PVUSD did not make poor management decisions related to construction projects or other financial issues, evidenced in part by the more than $100 million in state funding that PVUSD has received, the $11.37 million of its interim COPs that were replaced with permanent funding, the construction of three new schools, and the modernization and expansion of 19 existing school campuses, all of which resulted from PVUSD’s extensive financing and facilities planning efforts. Those efforts were driven by the district’s goal to provide adequate, safe and clean facilities for all of our children, and remove all schools from the year-round schedule. The effects of providing adequate facilities has been huge upon school morale and ultimately, academic achievement. 15.1 The board approved an air pressurized fabric structure as a temporary gym for Aptos High School without respect to state regulations for that type of structure which require that it meet permanent rather than temporary use standards. The district lost over $130,000 in costs incurred in the purchase, move and set up of a structure that was not approved by the state. Response: The PVUSD PARTIALLY AGREES. PVUSD did place a temporary gym facility at Aptos High School, though this was not done without respect to state regulations. Additionally, the structure had been previously purchased and used at a district middle Report Card: Pajaro Valley Unified School District - 35 school, and was made of fabric over an aluminum frame (not air pressurized). In 1999 there was a fire at E.A. Hall Middle School that damaged the gymnasium. PVUSD worked with its insurer to repair the gymnasium, but when the process began to take too long PVUSD negotiated with the insurer to fund a temporary gymnasium structure. The district consulted with the Watsonville Fire Marshall, who approved the selected structure for fire safety. Ultimately PVUSD purchased the structure rather than leasing it, as a cost saving measure. When repairs to the E.A. Hall gymnasium were complete in 2001, PVUSD elected to move the temporary facility to Aptos High School, due to a shortfall of space for athletic facilities. There was never an intent to keep the temporary facility in use on a long term basis, and the space shortfall is now being addressed through the district’s bond program, which provides for a new gymnasium and wrestling room. The Aptos Fire Marshall asked that a pathway and a doorway be added to the temporary structure, both of which PVUSD promptly accomplished. However, the Fire Marshall then expressed concerns that had to do not with fire safety, but rather with structural issues. The Aptos Fire Marshall requested that PVUSD ask the Division of State Architect (DSA) for review. Despite the fact that structural safety is outside of the jurisdiction of the Fire Marshall, PVUSD nevertheless sought DSA review in an attempt to be cooperative. DSA then suggested that PVUSD add additional tie downs to the structure, which the district promptly did. Thereafter, however, DSA indicated that it wanted additional testing, as well as other measures. Faced with relatively high costs and significant delay associated with such testing and with complying with ongoing DSA suggestions, PVUSD elected to take down the temporary facility. The approximately $130,000 total cost to PVUSD included the cost of the move from E.A. Hall to Aptos High School and installation at Aptos High; however a significant portion of that cost came from the attempts to comply with the suggestions of the Fire Marshall and then DSA. When those costs began to increase, PVUSD acted prudently to cease further expenditures on the temporary structure. 15.2 The district had the opportunity to receive federal funds for needed high- speed internet access for the entire district. However, the administration filed the application late and the Federal Communications Commission denied the funds, resulting in a loss to the district of $900,000. Response: The PVUSD PARTIALLY AGREES. While PVUSD did miss the deadline for funding in the first year of the program in question, it corrected the error and ultimately received its requested funding. In the first year of the E-rate program, under which federal funds were available for the district’s technology program, the district intended to - 36 Report Card: Pajaro Valley Unified School District apply for funding. The district’s Director of Technology was diagnosed with a life-threatening illness and the application for funding was submitted after the deadline. However, PVUSD timely applied for funding in the second and third years of the E-rate program. The district’s application for these later years included funding for the first year as well. The district’s application was approved, and PVUSD received full funding for all three years. As a result, the district did not lose $900,000, nor any other amount of money.
Related Recommendations (1)
R3:
The PVUSD Board should take appropriate steps to ensure better oversight of construction projects. Response from the PVUSD: The recommendation requires further analysis. PVUSD consistently strives to ensure oversight of its construction projects, and continues to seek ways to improve on its already strong oversight. This topic will be discussed by the agenda committee, which includes three trustees, within the next three months to determine if an action item needs to be placed on the agenda. 3.1 The district’s list of vendors involved in the construction projects should be reviewed and their performance audited. This information about vendors should be made public. Response from the PVUSD: No additional action will be taken to implement the recommendation. District vendors on construction projects are identified to the board and public at the time that construction contracts are awarded. Pursuant to Public Contract Code 20111, PVUSD must publicly bid its construction projects that are over $15,000. Similarly, PVUSD is generally legally required to award bids to the lowest responsible bidder. The district is not ordinarily entitled to reject a particular low bidding contractor or subcontractor. Thus, while it may be of interest to some to review or audit the performance of contractors, the outcome would not alter the terms of the competitive bidding laws. 3.2 A Certificate of Participation should only be used in dire financial situations. The board should first consider other methods of financing. Response from the PVUSD: No action will be taken to implement the recommendation, as it encroaches on the discretion of elected members of the Board of Trustees to consider the use of COPs consistent with law. Report Card: Pajaro Valley Unified School District - 61 3.3 In future construction, the location should be secured before the district invests in a design project. Response from the PVUSD: No action will be taken to implement the recommendation. While it reflects a preferred sequence of events, the recommendation does not take into account unforeseen contingencies. 3.4 Since the Grand Jury determined that no effective oversight of construction project spending has been done, a Fiscal Crisis and Management Assistance Team study for the period 2002-2007 should be contracted to determine if all construction expenditures were appropriate and prudent. This study would provide a clean slate for the board to institute more prudent oversight of future construction projects. Response from the PVUSD: No action will be taken to implement the recommendation. The recommendation is unwarranted, as the district’s construction projects are already subject to significant spending oversight under multiple layers of public, local and state auditing and review. The bulk of PVUSD’s locally available construction funds come from the general obligation bond passed by PVUSD voters in 2002. This was a “Proposition 39” bond measure. As a prerequisite the approval of the bonds for the authorized projects by a 55 percent vote, Proposition 39 requires that the district “conduct an annual, independent performance audit to ensure that the funds have been expended only on the specific projects listed.” (Cal. Const., art. XIIIA, § (1)(b)(3)(C).) In addition, the district must “conduct an annual, independent financial audit of the proceeds from the sale of the bonds until all of those proceeds have been expended for the school facilities projects.” (Cal. Const., art. XIIIA, § (1)(b)(3)(D).) The Government Auditing Standards (GAS) published by the Comptroller General of the United States provides guidance regarding each type of Proposition 39 audit. A performance audit may include, among various other items, a review of the extent of project performance in relation to the expenditure of the bond proceeds. A financial audit is similar to the annual financial audits required by schools districts pursuant to Education Code sections 14503 and 41020, which require audits to be performed in accordance with General Accounting Office standards for financial and compliance audits. The largest portion of district expenditures on facilities has come not locally, but rather from state grant funds. The district must undergo a state audit for its expenditure of state construction funds, such as the hardship funding on the Pajaro Valley High School project. The state funding program requires various forms of accountability. This includes auditing of progress towards completion of a state funded project and an audit of expenditures. (Ed. Code § 17076.10; Cal. Code Regs., tit. 2, §§ 1859.105, et seq.) - 62 Report Card: Pajaro Valley Unified School District The only other significant source of funding available to PVUSD for facilities expenditure is developer fees. As with other available funds, such fees are subject to explicit accounting and reporting requirements. (Govt. Code §§ 660001 & 66006.) Finally, the district’s oversight and auditing procedures for construction projects was already the subject of study by FCMAT in a report prepared for the district, dated October 25, 2002 (2002 FCMAT Report). This report pointed to areas for improvement, many of which had to do with the recognition that the district had too few employees doing too much work. Significantly, the report also acknowledged what the district’s business department was doing well. The district’s site facilities manual -- which included identification of future facilities site maintenance needs, projected enrollments, reporting on the status of new school construction projects, and additional information – was “an excellent presentation of information of the Pajaro district facilities, which could serve as a model for use by other California school districts.” (2002 FCMAT Report, p. 15.) The report also noted that the district’s use of outside consultants in relation to its construction projects “seems to be working well.” (Id., p. 16.) Regarding the district’s internal controls, the report “commended” the district “for developing improved standards and procedures,” and concluded that “the business department is operating within a reasonable level of internal controls considering the extreme pressure that the employees are under to keep up with the overwhelming workload.” (Id., p. 20.) As stated in the report, “the overall internal controls at the Pajaro district are functioning well.” (Id., p. 22.)
F16:
As of the writing of this report, the California Department of State Architects has not given final approval to the Pajaro Valley High School construction project. Response: The PVUSD AGREES. The Inspector of Record certified the Pajaro Valley High School buildings for occupancy. PVUSD is currently in litigation with its architect of record for the project relating to design defects, including those that may have contributed to the occurrence of mold. The architect has not completed paperwork necessary to achieve project close out with DSA. Final DSA close out cannot be achieved without the filing of certain paperwork by the architect of record. The district’s legal counsel has made written demands on the architect to take all final steps necessary to assist PVUSD in closing out the project, and the district is taking as many steps as it can without the architect to achieve close out. Despite this delay, PVUSD built the school per DSA-approved plans, and no problems with close out are expected once the architect completes all necessary paperwork. E. Teaching Standards and Expenditures
F17:
Schools in the district are not meeting teaching standards. Response: The PVUSD PARTIALLY AGREES. The implementation of standards-based teaching strategies at PVUSD is an ongoing activity. This is true in any district, not exclusive to Pajaro Valley Unified School District. Each year there are modifications in both the content standards curriculum materials and the teaching strategies as the needs arise. The district has been in partnership with the Pajaro Valley Federation of Teachers (PVFT) to build Professional Learning Communities around the American Federation of Teachers reform strategies, called Restructuring School to Raise Achievement (RSRA). The four components of the RSRA are Data Analysis, Team Building, Communication and Professional Development. We now have a district team of trainers referred to as “TOTS”, (Trainer of TrainerS.) The district is also in a partnership with the New Teacher Project based at UC Santa Cruz, which mentors new teachers as they take their own education into a classroom of students. Report Card: Pajaro Valley Unified School District - 37 17.1 The California State Department of Education’s School Assistance and Intervention Team (SAIT) took over Pajaro Middle School and H.A. Hyde Elementary School. The SAIT process is a state intervention currently charged with bringing the two persistently lowest achieving district schools into compliance with standards that will improve their achievement scores. The SAIT team has set benchmarks and goals for these schools to teach state-approved consistent strategies and texts. Response: The PVUSD PARTIALLY AGREES. Pajaro Middle School and H.A. Hyde Elementary have not been “taken over” by the California State Department of Education. The State Assistance and Intervention teams (SAIT) at Pajaro Middle School and Hyde Elementary School are support teams to help the schools. SAIT teams visit on a regular schedule but do not run the school. The school staff, which includes the principal, is still responsible for the overall operation of the school, and the PVUSD Board of Trustees is still the overseeing body. Many schools throughout California with similar demographics are working with SAIT teams. The SAIT recommendations and benchmarks are consistent with the overall direction of program improvement strategies being implemented through district efforts at the other program improvement schools. The SAIT teams have provided insights into additional strategies and interventions that are being incorporated into other schools in the district. 17.2 SAIT required re-training of teachers and principals in implementing consistent instructional methods that teach to state standards and use state compliant texts. Response: The PVUSD PARTIALLY AGREES. SAIT accelerated the timeline for state intervention and added emphasis to the professional development that was ongoing in the district. Prior to SAIT involvement in the schools, teachers were using state standards as the basis for instruction and state approved texts were in use. At Pajaro Middle School there were materials being used within a comprehensive school reform model (America’s Choice) that were a segment of the approved state model. SAIT recommended that the school discontinue with the comprehensive model and materials and the school chose to comply immediately. (See Response to Finding 1, above.) 17.3 In 2006, a District Alternative Governance (DAG) committee was formed and charged with investigating reasons for failure at seven of the lowest performing schools. The seven schools selected were Freedom, Hall District, Mintie White, Ohlone, Starlight, E.A. Hall, and Rolling Hills. In those seven schools, the DAG committee found instructional methods, texts and materials being used that were inconsistent and did not meet state standards. (See SAIT findings above.) Actions were implemented to institute the Nine Essential Program Components required by the state to remedy the inconsistencies and failure to meet state standards in those - 38 Report Card: Pajaro Valley Unified School District seven schools. In 2006, the SAIT team established a timeline for implementation and made assignments for accomplishment beginning in early 2007. Response: The PVUSD PARTIALLY DISAGREES. The charge of the DAG committee is to establish a review system that would simulate what would happen if the state were to intervene, with the idea that the district would support each school to make any necessary changes to support improvement in academic achievement. The findings at each of the seven schools in Year 5 of Program Improvement were specific to the site. Many strengths were noted for each site, although the DAG committee found that implementation of state standards and approved instructional materials was inconsistent both within and across schools. The DAG committee’s recommendations for the schools were based on the same Nine Essential Program Components that SAIT utilized in its visitations to the two “SAIT schools.”
Related Recommendations (2)
R4:
The superintendent needs to effectively manage instruction and implement a consistent plan throughout the district. Response from the PVUSD: No action will be taken to implement the recommendation. Effective management and planning in the district is already taking place. 4.1 The School Assistance and Intervention Team (SAIT) changes, the District Alternative Governance (DAG) committee recommendations, and those of the Gold Study should be implemented as soon as possible in all the under-achieving schools in the district in order to garner consistency and measurability of the learning benchmarks. Response from the PVUSD: This recommendation is already in the process of implementation, therefore no action is required. The superintendent and cabinet initiated the Gold Study and report, and are implementing the report’s recommendations. The DAG committee is in fact made up almost entirely of the cabinet and other district staff; therefore, the implementation of recommendations was simultaneous with the DAG committee's Report Card: Pajaro Valley Unified School District - 63 development of same. The SAIT changes were already being incorporated into district actions as the Grand Jury investigation was being conducted. 4.2 The Nine Essential Program Components as set by the California Department of Education and used by the DAG team should be instituted in all regular elementary, middle and high schools in the District. A grid plan similar to the one developed by the DAG team should be worked out for each school using the format and benchmarks set by the DAG report and setting early attainment dates. The assistant superintendents and the superintendent should be the primary persons responsible for performing this task, and the principals and the school staffs should collaborate with one another until all of those benchmarks are set and met. Response from the PVUSD: PVUSD will not take the specific actions recommended by the Grand Jury, as they appear to be based on a misunderstanding of the nature of the DAG committee. The superintendent and assistant superintendents along with one outside consultant and several directors make up the DAG committee. The grid mentioned was developed by the DAG committee, which is an entity of the district. Therefore the district is using the grid that it developed. The assistant superintendents are currently working with other sites to set the benchmarks. 4.3 Those barriers to good education that are management-related — as spelled out in four management studies, the DAG, the SAIT, the Gold Study and the Management Audit Study — should be remedied immediately with assertive, scheduled and measured action by those persons in charge – the superintendent and whatever deputies the superintendent designates. This is a primary responsibility and must not be avoided or delayed by studies and the formation of committees. All of these actions and benchmarks should be in place for the next school year to remove any inconsistencies and failures to teach to approved strategies and goals. Response from the PVUSD: No further action needs to be taken to implement the recommendation. This process is already under way and benchmarks are being established to ensure regular, ongoing implementation. 4.4 District staff should give a monthly status report of the benchmarks accomplished and the status of those in process with scheduled dates of completion. o Those benchmarks not accomplished within the scheduled dates should be discussed and remedied and new firm dates set for accomplishment. o Those benchmarks achieved and verified should be met with much fanfare. This will contribute to credibility of the board and confidence from the community. - 64 Report Card: Pajaro Valley Unified School District Response from the PVUSD: This recommendation requires further analysis. The deputy superintendent will review and report back to the board his recommendations within four months. Based on that report, the Board of Trustees will then determine a course of action. 4.5 In concurrence with the Gold Study, the Management Audit Report and the recommendations of many of the stakeholders, an expert curriculum specialist should be hired immediately and given the responsibility and authority to review the integrity and consistency of the district-wide curricula, texts, standards and teaching strategies. Response from the PVUSD: No further action needs to be taken to implement this recommendation, as the Board of Trustees has recently hired a deputy superintendent who is a curriculum and instruction specialist. This was done despite protests from various groups and individuals who felt this position was not needed. (Also see the above response to the Conclusion 4, regarding the district's efforts to manage and implement a consistent instructional plan.)
R20:
As stated in the report, “the overall internal controls at the Pajaro district are functioning well.” (Id., p. 22.) 4. The superintendent needs to effectively manage instruction and implement a consistent plan throughout the district. Response from the PVUSD: No action will be taken to implement the recommendation. Effective management and planning in the district is already taking place. 4.1 The School Assistance and Intervention Team (SAIT) changes, the District Alternative Governance (DAG) committee recommendations, and those of the Gold Study should be implemented as soon as possible in all the under-achieving schools in the district in order to garner consistency and measurability of the learning benchmarks. Response from the PVUSD: This recommendation is already in the process of implementation, therefore no action is required. The superintendent and cabinet initiated the Gold Study and report, and are implementing the report’s recommendations. The DAG committee is in fact made up almost entirely of the cabinet and other district staff; therefore, the implementation of recommendations was simultaneous with the DAG committee's Report Card: Pajaro Valley Unified School District - 63 development of same. The SAIT changes were already being incorporated into district actions as the Grand Jury investigation was being conducted. 4.2 The Nine Essential Program Components as set by the California Department of Education and used by the DAG team should be instituted in all regular elementary, middle and high schools in the District. A grid plan similar to the one developed by the DAG team should be worked out for each school using the format and benchmarks set by the DAG report and setting early attainment dates. The assistant superintendents and the superintendent should be the primary persons responsible for performing this task, and the principals and the school staffs should collaborate with one another until all of those benchmarks are set and met. Response from the PVUSD: PVUSD will not take the specific actions recommended by the Grand Jury, as they appear to be based on a misunderstanding of the nature of the DAG committee. The superintendent and assistant superintendents along with one outside consultant and several directors make up the DAG committee. The grid mentioned was developed by the DAG committee, which is an entity of the district. Therefore the district is using the grid that it developed. The assistant superintendents are currently working with other sites to set the benchmarks. 4.3 Those barriers to good education that are management-related — as spelled out in four management studies, the DAG, the SAIT, the Gold Study and the Management Audit Study — should be remedied immediately with assertive, scheduled and measured action by those persons in charge – the superintendent and whatever deputies the superintendent designates. This is a primary responsibility and must not be avoided or delayed by studies and the formation of committees. All of these actions and benchmarks should be in place for the next school year to remove any inconsistencies and failures to teach to approved strategies and goals. Response from the PVUSD: No further action needs to be taken to implement the recommendation. This process is already under way and benchmarks are being established to ensure regular, ongoing implementation. 4.4 District staff should give a monthly status report of the benchmarks accomplished and the status of those in process with scheduled dates of completion. o Those benchmarks not accomplished within the scheduled dates should be discussed and remedied and new firm dates set for accomplishment. o Those benchmarks achieved and verified should be met with much fanfare. This will contribute to credibility of the board and confidence from the community. - 64 Report Card: Pajaro Valley Unified School District Response from the PVUSD: This recommendation requires further analysis. The deputy superintendent will review and report back to the board his recommendations within four months. Based on that report, the Board of Trustees will then determine a course of action. 4.5 In concurrence with the Gold Study, the Management Audit Report and the recommendations of many of the stakeholders, an expert curriculum specialist should be hired immediately and given the responsibility and authority to review the integrity and consistency of the district-wide curricula, texts, standards and teaching strategies. Response from the PVUSD: No further action needs to be taken to implement this recommendation, as the Board of Trustees has recently hired a deputy superintendent who is a curriculum and instruction specialist. This was done despite protests from various groups and individuals who felt this position was not needed. (Also see the above response to the Conclusion 4, regarding the district's efforts to manage and implement a consistent instructional plan.) 5. The purpose and attendance requirements of zone meetings should be clearly defined. The meetings should be well publicized and accessible to all. Agendas and minutes should be readily available. Response from the PVUSD: No action on the recommendation will be taken. The purpose of zones is already sufficiently defined. Meetings are already publicized and are accessible to all, being held at public school sites. Agendas and minutes are and have been available upon request, as explained in the district's response to Finding 21.6, above. 6. Zone management should establish a uniform method of communicating their deliberations and actions to the board. Response from the PVUSD: The recommendation requires further analysis. The newly hired deputy superintendent will review and determine if any change in practice regarding communication between the Board of Trustees and zone management are warranted, and will advise the board within six months if he believes action by the board needs to be taken.
F18:
Some of the training efforts prescribed by the DAG have met with difficulty. Some of the teachers and principals report they have been unable to go to trainings because there are not enough substitutes to teach their classes. Those who have not been trained cannot use the state-compliant strategies and texts in their classrooms. Response: The PVUSD AGREES. Lack of available substitutes is a problem that plagues many public school districts, including PVUSD. The district has recently hired a teacher to work at the district office to support the implementation of professional development that includes seeking solutions to the issue of sufficient substitutes. The district has been refining its approach to professional development for the last four years and continues to do so as problems arise, as in done with any good management practice. The most successful professional development is usually found to be a blend of instruction with coached application. Through the use of effective modeling and coaching, teachers who have not been able to attend in-seat training can and do learn new strategies. PVUSD will continue to address this concern with innovative programs to assist teachers with training and strategies.
Related Recommendations (2)
R4:
The superintendent needs to effectively manage instruction and implement a consistent plan throughout the district. Response from the PVUSD: No action will be taken to implement the recommendation. Effective management and planning in the district is already taking place. 4.1 The School Assistance and Intervention Team (SAIT) changes, the District Alternative Governance (DAG) committee recommendations, and those of the Gold Study should be implemented as soon as possible in all the under-achieving schools in the district in order to garner consistency and measurability of the learning benchmarks. Response from the PVUSD: This recommendation is already in the process of implementation, therefore no action is required. The superintendent and cabinet initiated the Gold Study and report, and are implementing the report’s recommendations. The DAG committee is in fact made up almost entirely of the cabinet and other district staff; therefore, the implementation of recommendations was simultaneous with the DAG committee's Report Card: Pajaro Valley Unified School District - 63 development of same. The SAIT changes were already being incorporated into district actions as the Grand Jury investigation was being conducted. 4.2 The Nine Essential Program Components as set by the California Department of Education and used by the DAG team should be instituted in all regular elementary, middle and high schools in the District. A grid plan similar to the one developed by the DAG team should be worked out for each school using the format and benchmarks set by the DAG report and setting early attainment dates. The assistant superintendents and the superintendent should be the primary persons responsible for performing this task, and the principals and the school staffs should collaborate with one another until all of those benchmarks are set and met. Response from the PVUSD: PVUSD will not take the specific actions recommended by the Grand Jury, as they appear to be based on a misunderstanding of the nature of the DAG committee. The superintendent and assistant superintendents along with one outside consultant and several directors make up the DAG committee. The grid mentioned was developed by the DAG committee, which is an entity of the district. Therefore the district is using the grid that it developed. The assistant superintendents are currently working with other sites to set the benchmarks. 4.3 Those barriers to good education that are management-related — as spelled out in four management studies, the DAG, the SAIT, the Gold Study and the Management Audit Study — should be remedied immediately with assertive, scheduled and measured action by those persons in charge – the superintendent and whatever deputies the superintendent designates. This is a primary responsibility and must not be avoided or delayed by studies and the formation of committees. All of these actions and benchmarks should be in place for the next school year to remove any inconsistencies and failures to teach to approved strategies and goals. Response from the PVUSD: No further action needs to be taken to implement the recommendation. This process is already under way and benchmarks are being established to ensure regular, ongoing implementation. 4.4 District staff should give a monthly status report of the benchmarks accomplished and the status of those in process with scheduled dates of completion. o Those benchmarks not accomplished within the scheduled dates should be discussed and remedied and new firm dates set for accomplishment. o Those benchmarks achieved and verified should be met with much fanfare. This will contribute to credibility of the board and confidence from the community. - 64 Report Card: Pajaro Valley Unified School District Response from the PVUSD: This recommendation requires further analysis. The deputy superintendent will review and report back to the board his recommendations within four months. Based on that report, the Board of Trustees will then determine a course of action. 4.5 In concurrence with the Gold Study, the Management Audit Report and the recommendations of many of the stakeholders, an expert curriculum specialist should be hired immediately and given the responsibility and authority to review the integrity and consistency of the district-wide curricula, texts, standards and teaching strategies. Response from the PVUSD: No further action needs to be taken to implement this recommendation, as the Board of Trustees has recently hired a deputy superintendent who is a curriculum and instruction specialist. This was done despite protests from various groups and individuals who felt this position was not needed. (Also see the above response to the Conclusion 4, regarding the district's efforts to manage and implement a consistent instructional plan.)
R20:
As stated in the report, “the overall internal controls at the Pajaro district are functioning well.” (Id., p. 22.) 4. The superintendent needs to effectively manage instruction and implement a consistent plan throughout the district. Response from the PVUSD: No action will be taken to implement the recommendation. Effective management and planning in the district is already taking place. 4.1 The School Assistance and Intervention Team (SAIT) changes, the District Alternative Governance (DAG) committee recommendations, and those of the Gold Study should be implemented as soon as possible in all the under-achieving schools in the district in order to garner consistency and measurability of the learning benchmarks. Response from the PVUSD: This recommendation is already in the process of implementation, therefore no action is required. The superintendent and cabinet initiated the Gold Study and report, and are implementing the report’s recommendations. The DAG committee is in fact made up almost entirely of the cabinet and other district staff; therefore, the implementation of recommendations was simultaneous with the DAG committee's Report Card: Pajaro Valley Unified School District - 63 development of same. The SAIT changes were already being incorporated into district actions as the Grand Jury investigation was being conducted. 4.2 The Nine Essential Program Components as set by the California Department of Education and used by the DAG team should be instituted in all regular elementary, middle and high schools in the District. A grid plan similar to the one developed by the DAG team should be worked out for each school using the format and benchmarks set by the DAG report and setting early attainment dates. The assistant superintendents and the superintendent should be the primary persons responsible for performing this task, and the principals and the school staffs should collaborate with one another until all of those benchmarks are set and met. Response from the PVUSD: PVUSD will not take the specific actions recommended by the Grand Jury, as they appear to be based on a misunderstanding of the nature of the DAG committee. The superintendent and assistant superintendents along with one outside consultant and several directors make up the DAG committee. The grid mentioned was developed by the DAG committee, which is an entity of the district. Therefore the district is using the grid that it developed. The assistant superintendents are currently working with other sites to set the benchmarks. 4.3 Those barriers to good education that are management-related — as spelled out in four management studies, the DAG, the SAIT, the Gold Study and the Management Audit Study — should be remedied immediately with assertive, scheduled and measured action by those persons in charge – the superintendent and whatever deputies the superintendent designates. This is a primary responsibility and must not be avoided or delayed by studies and the formation of committees. All of these actions and benchmarks should be in place for the next school year to remove any inconsistencies and failures to teach to approved strategies and goals. Response from the PVUSD: No further action needs to be taken to implement the recommendation. This process is already under way and benchmarks are being established to ensure regular, ongoing implementation. 4.4 District staff should give a monthly status report of the benchmarks accomplished and the status of those in process with scheduled dates of completion. o Those benchmarks not accomplished within the scheduled dates should be discussed and remedied and new firm dates set for accomplishment. o Those benchmarks achieved and verified should be met with much fanfare. This will contribute to credibility of the board and confidence from the community. - 64 Report Card: Pajaro Valley Unified School District Response from the PVUSD: This recommendation requires further analysis. The deputy superintendent will review and report back to the board his recommendations within four months. Based on that report, the Board of Trustees will then determine a course of action. 4.5 In concurrence with the Gold Study, the Management Audit Report and the recommendations of many of the stakeholders, an expert curriculum specialist should be hired immediately and given the responsibility and authority to review the integrity and consistency of the district-wide curricula, texts, standards and teaching strategies. Response from the PVUSD: No further action needs to be taken to implement this recommendation, as the Board of Trustees has recently hired a deputy superintendent who is a curriculum and instruction specialist. This was done despite protests from various groups and individuals who felt this position was not needed. (Also see the above response to the Conclusion 4, regarding the district's efforts to manage and implement a consistent instructional plan.) 5. The purpose and attendance requirements of zone meetings should be clearly defined. The meetings should be well publicized and accessible to all. Agendas and minutes should be readily available. Response from the PVUSD: No action on the recommendation will be taken. The purpose of zones is already sufficiently defined. Meetings are already publicized and are accessible to all, being held at public school sites. Agendas and minutes are and have been available upon request, as explained in the district's response to Finding 21.6, above. 6. Zone management should establish a uniform method of communicating their deliberations and actions to the board. Response from the PVUSD: The recommendation requires further analysis. The newly hired deputy superintendent will review and determine if any change in practice regarding communication between the Board of Trustees and zone management are warranted, and will advise the board within six months if he believes action by the board needs to be taken.
F19:
In all the low achieving schools, there is a large population of students for whom English is a second language. According to an extensive review of the district’s bilingual programs called the Gold Study, adequate quality instruction and consistent goals and implementation of a language learning system were not in place as of February 2007. Response: The PVUSD AGREES. The district commissioned the Gold Study in order to review all programs for English Language Learners, (ELL) not just bilingual programs. The reason the study was commissioned was precisely because the ELL students were not progressing as rapidly as district staff believed they could. The district has commissioned Dr. Norm Gold and a colleague, Chris Lopez-Chatfield, to Report Card: Pajaro Valley Unified School District - 39 support PVUSD in the creation of an English Learner Master Plan. This work was initiated in April 2006 and is currently in the process of being finalized.
Related Recommendations (2)
R4:
The superintendent needs to effectively manage instruction and implement a consistent plan throughout the district. Response from the PVUSD: No action will be taken to implement the recommendation. Effective management and planning in the district is already taking place. 4.1 The School Assistance and Intervention Team (SAIT) changes, the District Alternative Governance (DAG) committee recommendations, and those of the Gold Study should be implemented as soon as possible in all the under-achieving schools in the district in order to garner consistency and measurability of the learning benchmarks. Response from the PVUSD: This recommendation is already in the process of implementation, therefore no action is required. The superintendent and cabinet initiated the Gold Study and report, and are implementing the report’s recommendations. The DAG committee is in fact made up almost entirely of the cabinet and other district staff; therefore, the implementation of recommendations was simultaneous with the DAG committee's Report Card: Pajaro Valley Unified School District - 63 development of same. The SAIT changes were already being incorporated into district actions as the Grand Jury investigation was being conducted. 4.2 The Nine Essential Program Components as set by the California Department of Education and used by the DAG team should be instituted in all regular elementary, middle and high schools in the District. A grid plan similar to the one developed by the DAG team should be worked out for each school using the format and benchmarks set by the DAG report and setting early attainment dates. The assistant superintendents and the superintendent should be the primary persons responsible for performing this task, and the principals and the school staffs should collaborate with one another until all of those benchmarks are set and met. Response from the PVUSD: PVUSD will not take the specific actions recommended by the Grand Jury, as they appear to be based on a misunderstanding of the nature of the DAG committee. The superintendent and assistant superintendents along with one outside consultant and several directors make up the DAG committee. The grid mentioned was developed by the DAG committee, which is an entity of the district. Therefore the district is using the grid that it developed. The assistant superintendents are currently working with other sites to set the benchmarks. 4.3 Those barriers to good education that are management-related — as spelled out in four management studies, the DAG, the SAIT, the Gold Study and the Management Audit Study — should be remedied immediately with assertive, scheduled and measured action by those persons in charge – the superintendent and whatever deputies the superintendent designates. This is a primary responsibility and must not be avoided or delayed by studies and the formation of committees. All of these actions and benchmarks should be in place for the next school year to remove any inconsistencies and failures to teach to approved strategies and goals. Response from the PVUSD: No further action needs to be taken to implement the recommendation. This process is already under way and benchmarks are being established to ensure regular, ongoing implementation. 4.4 District staff should give a monthly status report of the benchmarks accomplished and the status of those in process with scheduled dates of completion. o Those benchmarks not accomplished within the scheduled dates should be discussed and remedied and new firm dates set for accomplishment. o Those benchmarks achieved and verified should be met with much fanfare. This will contribute to credibility of the board and confidence from the community. - 64 Report Card: Pajaro Valley Unified School District Response from the PVUSD: This recommendation requires further analysis. The deputy superintendent will review and report back to the board his recommendations within four months. Based on that report, the Board of Trustees will then determine a course of action. 4.5 In concurrence with the Gold Study, the Management Audit Report and the recommendations of many of the stakeholders, an expert curriculum specialist should be hired immediately and given the responsibility and authority to review the integrity and consistency of the district-wide curricula, texts, standards and teaching strategies. Response from the PVUSD: No further action needs to be taken to implement this recommendation, as the Board of Trustees has recently hired a deputy superintendent who is a curriculum and instruction specialist. This was done despite protests from various groups and individuals who felt this position was not needed. (Also see the above response to the Conclusion 4, regarding the district's efforts to manage and implement a consistent instructional plan.)
R20:
As stated in the report, “the overall internal controls at the Pajaro district are functioning well.” (Id., p. 22.) 4. The superintendent needs to effectively manage instruction and implement a consistent plan throughout the district. Response from the PVUSD: No action will be taken to implement the recommendation. Effective management and planning in the district is already taking place. 4.1 The School Assistance and Intervention Team (SAIT) changes, the District Alternative Governance (DAG) committee recommendations, and those of the Gold Study should be implemented as soon as possible in all the under-achieving schools in the district in order to garner consistency and measurability of the learning benchmarks. Response from the PVUSD: This recommendation is already in the process of implementation, therefore no action is required. The superintendent and cabinet initiated the Gold Study and report, and are implementing the report’s recommendations. The DAG committee is in fact made up almost entirely of the cabinet and other district staff; therefore, the implementation of recommendations was simultaneous with the DAG committee's Report Card: Pajaro Valley Unified School District - 63 development of same. The SAIT changes were already being incorporated into district actions as the Grand Jury investigation was being conducted. 4.2 The Nine Essential Program Components as set by the California Department of Education and used by the DAG team should be instituted in all regular elementary, middle and high schools in the District. A grid plan similar to the one developed by the DAG team should be worked out for each school using the format and benchmarks set by the DAG report and setting early attainment dates. The assistant superintendents and the superintendent should be the primary persons responsible for performing this task, and the principals and the school staffs should collaborate with one another until all of those benchmarks are set and met. Response from the PVUSD: PVUSD will not take the specific actions recommended by the Grand Jury, as they appear to be based on a misunderstanding of the nature of the DAG committee. The superintendent and assistant superintendents along with one outside consultant and several directors make up the DAG committee. The grid mentioned was developed by the DAG committee, which is an entity of the district. Therefore the district is using the grid that it developed. The assistant superintendents are currently working with other sites to set the benchmarks. 4.3 Those barriers to good education that are management-related — as spelled out in four management studies, the DAG, the SAIT, the Gold Study and the Management Audit Study — should be remedied immediately with assertive, scheduled and measured action by those persons in charge – the superintendent and whatever deputies the superintendent designates. This is a primary responsibility and must not be avoided or delayed by studies and the formation of committees. All of these actions and benchmarks should be in place for the next school year to remove any inconsistencies and failures to teach to approved strategies and goals. Response from the PVUSD: No further action needs to be taken to implement the recommendation. This process is already under way and benchmarks are being established to ensure regular, ongoing implementation. 4.4 District staff should give a monthly status report of the benchmarks accomplished and the status of those in process with scheduled dates of completion. o Those benchmarks not accomplished within the scheduled dates should be discussed and remedied and new firm dates set for accomplishment. o Those benchmarks achieved and verified should be met with much fanfare. This will contribute to credibility of the board and confidence from the community. - 64 Report Card: Pajaro Valley Unified School District Response from the PVUSD: This recommendation requires further analysis. The deputy superintendent will review and report back to the board his recommendations within four months. Based on that report, the Board of Trustees will then determine a course of action. 4.5 In concurrence with the Gold Study, the Management Audit Report and the recommendations of many of the stakeholders, an expert curriculum specialist should be hired immediately and given the responsibility and authority to review the integrity and consistency of the district-wide curricula, texts, standards and teaching strategies. Response from the PVUSD: No further action needs to be taken to implement this recommendation, as the Board of Trustees has recently hired a deputy superintendent who is a curriculum and instruction specialist. This was done despite protests from various groups and individuals who felt this position was not needed. (Also see the above response to the Conclusion 4, regarding the district's efforts to manage and implement a consistent instructional plan.) 5. The purpose and attendance requirements of zone meetings should be clearly defined. The meetings should be well publicized and accessible to all. Agendas and minutes should be readily available. Response from the PVUSD: No action on the recommendation will be taken. The purpose of zones is already sufficiently defined. Meetings are already publicized and are accessible to all, being held at public school sites. Agendas and minutes are and have been available upon request, as explained in the district's response to Finding 21.6, above. 6. Zone management should establish a uniform method of communicating their deliberations and actions to the board. Response from the PVUSD: The recommendation requires further analysis. The newly hired deputy superintendent will review and determine if any change in practice regarding communication between the Board of Trustees and zone management are warranted, and will advise the board within six months if he believes action by the board needs to be taken.
F20:
Expensive educational materials from America’s Choice are not being used or have been deemed inappropriate. There are boxes of expensive texts — some not even opened — in school storerooms, which the teachers choose not to use in their classrooms. Response: The PVUSD PARTIALLY AGREES. There have been unused America’s Choice materials stored at one school, Watsonville High School, as the program was abandoned after the second year. The storage room has since been moved, and most of the materials have been either donated or passed out to teachers who have expressed an interest in keeping the material. F. The Zone System
F21:
The Pajaro Valley Unified School District is divided into three geographical zones, each of which is managed by a Zone Assistant Superintendent. A lack of support and communication between district personnel and zone management has been reported. Response: The PVUSD PARTIALLY AGREES. The Pajaro Valley Unified School District is divided into three zones with an assistant superintendent overseeing each zone. Traditional schools in these zones are divided geographically as well as for K-12 articulation. However, additional schools are overseen by zones and distributed between administrators without regard to geography, but with common goals, as in the case of charter schools. Current Zone Configurations: South Zone: Elementary: Ann Soldo, Hall District, Mintie White, MacQuiddy, Ohlone, Radcliff Secondary: E.A. Hall Middle, Pajaro Middle, Watsonville High School Additional Programs: AVCI, Children’s Center, Migrant Head Start Central Zone: Elementary: Amesti, Calabasas, Freedom, H.A. Hyde, Landmark, Starlight Secondary: Cesar E. Chavez Middle, Lakeview Middle, Rolling Hills Middle, Pajaro Valley High School Additional Programs: New School - 40 Report Card: Pajaro Valley Unified School District North Zone: Elementary: Bradley, Mar Vista, Rio del Mar, Valencia Secondary: Aptos Jr. High, Aptos High School, Renaissance High Additional Programs: Alianza Charter, Linscott, Pacific Coast Charter, Solano Summit Academy, Watsonville Charter School of the Arts Contrary to what has been “reported” to the Grand Jury, there has been very positive articulation between district and zone administrators. The zone system has been a positive way for feeder schools and the high school they feed into to work together. This benefits students, teachers and administrators as common school community concerns can be addressed, goals set and a sense of pride developed within each zone. In instances where a portion of a school may feed into two different zones, communication occurs at principal meetings or through a school representative attending each zone meeting. It is the opinion of the district and Board of Trustees that this system has been a key factor in streamlining K-12 articulation, improving student achievement and improving parent participation. If the zone system were dismantled as some have suggested, the 35 schools and programs would still need to be supervised by three administrators, as an administrator cannot effectively oversee more than 10-12 schools. When the zone system was initially approved by the board, PVUSD had eleven fewer schools than it has today. Therefore, dismantling the zones would result in no change of administration and would only serve to weaken communication and articulation between schools. The three zone assistant superintendents, along with the Assistant Superintendent of Human Resources, meet weekly to share information, align programs, plan weekly principal meetings and work through staff issues. Additionally, the zone assistant superintendents meet with the Superintendent’s Cabinet on a weekly basis. The role of the cabinet is to: bring issues forward from the weekly principals meeting; seek resolutions to outstanding issues and concerns; disseminate feedback from all meetings held the prior week; align decisions for consistency across the district; develop timelines, guidelines, processes and level of decision-making; and establish and maintain positive interdependence. The cabinet serves as a communication link between the superintendent, assistant superintendents and district level directors, called the expanded cabinet. The expanded cabinet meets on a bi-weekly basis. The role of the expanded cabinet is to: share information from across the district and across departments so each department is knowledgeable about the work being done throughout the district; solve problems that arise over the Report Card: Pajaro Valley Unified School District - 41 course of the week; identify potential problems and discuss possible solutions and support of colleagues during difficult projects and stressful situations. 21.1 Teachers, principals and support staff expressed a lack of support from their Zone Assistant Superintendent. However, the North Zone interviewees expressed less concern than the South and Central Zone interviewees. Response: The PVUSD DISAGREES. PVUSD has no information or belief as to the accuracy of the Grand Jury’s report on comments made by those interviewed. PVUSD has no information on how many teachers, principals or support staff from the three zones were part of the 45 interviewees for the Grand Jury’s wide- ranging report. A zone assistant superintendent’s responsibilities include supporting schools by observing the instructional program and school operation through regular visits. Weekly meetings are held with principals, as well as additional regular meetings with administration, certificated and classified staff. In addition, zone assistant superintendents attend back to school nights, plays, special school events, fundraising events, sporting events, open houses, science fairs, spelling bees, and a variety of other meetings and activities during the school year. Zone assistant superintendents work with district level departments to facilitate and coordinate information and services for school sites. They work with sites to resolve problems and manage situations with administration, parents, staff and students when help and assistance is requested or required. 21.2 Interviewees from all three zones indicated they had never received a clear explanation of the functions of the Zone Assistant Superintendent. Response: The PVUSD DISAGREES. PVUSD has no information or belief as to the accuracy of the Grand Jury’s report on comments made by those interviewed. A formal job description is available through the district office for zone assistant superintendents. As with all job descriptions, it would not be shared with all staff but is available upon request through the Human Resources Department. When asked about his or her role and job duties by any personnel, zone assistant superintendents have given clear and direct answers. More important than whether anecdotal information suggests that interviewers have not received explanations as to functions of zone assistant superintendents is whether the efforts of zone assistant superintendents have been successful. Results suggest that those efforts have been, and continue to be, successful. - 42 Report Card: Pajaro Valley Unified School District 21.3 Teacher and support staff interviewees reported they have spoken with their Zone Assistant Superintendent primarily when dignitaries or evaluators from outside the district were visiting the school. Response: The PVUSD PARTIALLY AGREES. PVUSD has no information or belief as to the accuracy of the Grand Jury’s report on comments made by those interviewed. The district has over 3,000 employees and PVUSD has no way of knowing what criteria were used to determine who was interviewed by the Grand Jury. Zone assistant superintendents visit schools on a regular basis but they do not necessarily speak with each staff member at visits. Staff and leadership meetings, administrative meetings, parent meetings and special events are all part of regular school visitation by zone assistant superintendents. As a practical matter, visits by dignitaries and evaluators are special occasions when staff at various levels may interact more than usual and be more aware of the presence of the assistant superintendents at the site. 21.4 Interviewees said that the lack of communication and support from the district contributed to low morale and an opinion that the district did not know and had little concern for the challenges in the classrooms. Response: The PVUSD PARTIALLY AGREES. This is a judgment statement on the part of interviewees. Again, PVUSD has no knowledge of how those being interviewed were chosen by the Grand Jury. Low morale in PVUSD is a subjective matter. While morale is always an important issue in the workplace, empirical data suggests that any issues of morale in PVUSD are less than those affecting other school districts. Over the past three years PVUSD was under the state average of 11 percent teacher turnover: 2004 – 2005: 79 resignations out of 1,275 teachers or approximately 6.2% 2005 – 2006: 93 resignations out of 1,331 teachers or approximately 6.9% 2006 – 2007: 94 resignations out of 1,415 teachers or approximately 6.6% PVUSD also hired only one principal for the 2007 – 2008 school year, far below the normal turnover rate for a school district of close to 20,000 students and 35 schools. Each certificated member of the cabinet can directly relate to the classroom as each has been in the classroom as a teacher, including the superintendent. Certificated directors also came through either PVUSD or another district by starting as a teacher. This practice is generally consistent throughout the public school practices. During site visits, district administrators interact with students and teachers. During the 2006 – 2007 school year, the DAG committee participated in over 200 classroom visits. (There are 181 school days in Report Card: Pajaro Valley Unified School District - 43 the year.) Zone assistant superintendents are members of the DAG committee and attend many of the classroom visits. Teachers and administrators are provided with professional development training, materials and opportunities for support in the classroom. In addition to zone administrators, district personnel work with site administrators on various trainings related to various programs and grants. 21.5 The Gold Study and the 2004 Management Audit Study found that the Zone Assistant Superintendents make their own decisions with little or no board oversight. In effect, the zones act as small school districts without a board of trustees. Response: The PVUSD DISAGREES. The Grand Jury appears to be inaccurately representing information in the reports. The zone assistant superintendents work at the direction of the superintendent, who in turn works at the direction of the Board of Trustees. Communication with the superintendent is at a very minimum twice per week, however, most often communication with the superintendent is on a daily basis, either in person or on the telephone. Trustees do not oversee assistant superintendents; that is the role of the superintendent as chief administrator, therefore direct oversight by trustees would be inappropriate. Communication with individual trustees varies depending upon needs and issues, and occurs in written form each Friday through weekly updates. Communication also occurs at board and zone meetings as well as through regular, less formal interactions. As stated previously, the majority of trustees regularly attend zone meetings. In emergency or crisis situations such as a walkout, fire or death/injury of a student, trustees are informed immediately either through fax, email, phone call or in person, as appropriate. 21.6 Zone meetings are poorly publicized, resulting in parts of the community not knowing or being able to express concerns affecting their schools. No minutes or agendas are kept or published of these meetings. Response: The PVUSD DISAGREES. Zone meetings are generally publicized following the requirements of the Brown Act (Govt. Code § 54950, et seq.) in the following ways: annual and monthly notices are sent to two major Santa Cruz County newspapers and are posted at the location of the meeting 72 hours prior to the meeting. At the beginning of each school year, the schedule for the entire year is posted in each zone section on the district website. Principals, trustees, site council representatives, staff and other zone representatives receive mailed notices. Notices are also sent to school sites. Notices are sent in Spanish when applicable. Reminder phone calls are used as needed. Minutes are taken at each zone meeting. There are minutes and agendas of zone meetings at the district office and are supplied to anyone upon request. The minutes and agendas - 44 Report Card: Pajaro Valley Unified School District are translated into Spanish when necessary. Minutes are placed on the agenda at the subsequent zone meeting for formal approval by membership. 21.7 Although school board members occasionally attend zone meetings, they are not required to, nor do the Zone Assistant Superintendents who preside over the meetings thoroughly report back to the board the concerns raised or the issues discussed in the meetings. Response: The PVUSD PARTIALLY AGREES. PVUSD has no legal authority to require any trustee to attend a zone meeting; therefore the statement that trustees are not required to attend zone meetings is correct. Trustees in PVUSD are elected by Trustee Areas, not “at large” as in other Santa Cruz County school districts. There is some crossover of trustee areas in most zones, although in all but one zone the crossover is very small. Trustees are therefore traditionally associated with one zone with the exception of Trustee Area 2, which is almost equally divided between South and Central Zones. The claim that trustees “occasionally” attend zone meetings is false. There are currently seven meetings in each zone per year and two all-zone meetings. All meetings but a handful over the past seven years have had a minimum of one trustee in attendance, with the majority having two or three trustees in attendance. Most trustees on the board during the seven year period since zones were established, including DeHart, DeRose, Hankemeier, Keegan, Osmundson, Turley, Volpa, Wilson and Yahiro, have attended nearly every zone meeting in their trustee area during their tenure on the board. These trustees have regularly attended zone meetings to interact with parents, teachers and principals in their zone. Zones are advisory bodies and have no authority. Zone assistant superintendents discuss the zone meetings during their weekly cabinet meeting with the superintendent. If necessary, the superintendent or assistant superintendent will discuss the concerns with the board either at the board meeting, through "Friday Updates" or individually with trustees. Since trustees are very active participants in zone meetings, those trustees in attendance are well informed. The zone minutes are available and distributed to trustees for the zone(s) covering his or her trustee area, and for other zones if requested. Some trustees have requested to be provided with minutes from all zones. The minutes serve as a formal report from the zone. 21.8 The Zone Assistant Superintendents may have discussed zone meetings with the superintendent. However, no record is kept of these discussions. Therefore, there is no way to determine if issues are being adequately addressed or resolved, and no way for the board to participate or provide oversight. Report Card: Pajaro Valley Unified School District - 45 Response: The PVUSD PARTIALLY DISAGREES. Some trustees choose to be involved at the zone level, and others do not; however, as stated above, there has been at least one trustee in attendance at all but a few zone meetings since zones were established. Trustees who are involved at the zone level by attending meetings routinely follow up with either the zone assistant superintendent or the superintendent on issues brought up at a zone meeting. Zone assistant superintendents are part of the weekly cabinet meetings, where zone meeting discussions occur monthly. Information is therefore shared not only with the superintendent but with the other assistant superintendents. Records are not kept during cabinet meetings, although notes are taken for the purpose of follow-up. Items that require immediate attention are addressed. As in all organizations, communication and decision-making processes are always being reviewed to determine ways to improve, keeping in mind the strict budgetary and confidentiality restraints a school district faces. Trustees provide oversight through meetings and communications with the superintendent. Trustees do not supervise nor manage assistant superintendents, and do not participate in the daily operations of a school district.
Related Recommendations (2)
R5:
The purpose and attendance requirements of zone meetings should be clearly defined. The meetings should be well publicized and accessible to all. Agendas and minutes should be readily available. Response from the PVUSD: No action on the recommendation will be taken. The purpose of zones is already sufficiently defined. Meetings are already publicized and are accessible to all, being held at public school sites. Agendas and minutes are and have been available upon request, as explained in the district's response to Finding 21.6, above.
R6:
Zone management should establish a uniform method of communicating their deliberations and actions to the board. Response from the PVUSD: The recommendation requires further analysis. The newly hired deputy superintendent will review and determine if any change in practice regarding communication between the Board of Trustees and zone management are warranted, and will advise the board within six months if he believes action by the board needs to be taken.
F22:
Several demographic differences exist between and within zones. Response: The PVUSD AGREES. The demographic makeup of the district reflects the nature of the communities served. The district has no control over where its residents live. The district is composed of neighborhood schools (except for charter and alternative schools) and therefore the composition of the zones reflects the natural composition of our communities. The demographics for the South and Central Zones are similar, with a high percentage of Latino students. About half of the students attending schools in these zones are English Learners. The North Zone is composed of mostly native English speakers, although the percentage of ELL students has increased due to boundary changes. 22.1 The current North Zone system has significantly different socio-economic demographics than the other two zones. Under-achieving students have become the norm in the schools of the South and Central Zones. They have been achieving scores averaging at least two years below grade level for all of the years examined. However, the grade level and achievement scores of most of the schools in the North Zone have been significantly higher and appear to be climbing every year. Response: The PVUSD PARTIALLY AGREES. The PVUSD attendance boundaries determine where a student will attend school. These boundaries have been adjusted as enrollment changes and new schools are built. The demographics of the City of Watsonville are different from other areas of Santa Cruz County, including Aptos, which more closely matches the overall demographics of the county. - 46 Report Card: Pajaro Valley Unified School District The South and Central Zones have the highest percentage of ELL students in Santa Cruz County. Nationwide, discussions are occurring regarding the rationale for testing students in English who are just learning the language and holding schools and districts accountable. This concern was recently discussed with U.S. Rep. Sam Farr at a well-attended community meeting related to the No Child Left Behind legislation, which is due to be renewed. The district expects all students from all zones to perform at or above the same state educational standards. Schools across the district are working hard to meet or exceed yearly goals set by both the state and federal governments. Rates for transitioning students from Spanish to fluent English is increasing each year. State adopted curriculum is being used consistently throughout all schools in PVUSD. 22.2 There is a significant difference in the available per-student categorical funds and enhancement money available to South and Central zones to the exclusion of the North Zone. Because of the disparity of categorical funds to North Zone schools, those students who need English learner assistance in the North Zone — a small population of students — get far less assistance than students of the same language acquisition status who live in South or Central Zones. Response: The PVUSD PARTIALLY AGREES. As is the case with a number of its assertions, the Grand Jury’s “finding” is inconsistent with the facts. All categorical funding district-wide is based on a per-student formula. Schools in the North Zone do not qualify for Title 1 federal funding. There is no difference in the available per-student categorical funding for ELL students. Categorical funding for English Learners is based on a per student allocation. Schools in the North Zone naturally receive less funding due to a lower ELL population. Students and staff at these schools receive additional support from centralized district services. For the 2007 – 2008 school year, the district established a district-wide formula for English Learner Specialists to better support the ELL population at all sites. 22.3 According to the audit study, the North Zone “does its own thing,” and the stakeholders interviewed believe that the district has agreed not to interfere. Response: The PVUSD DISAGREES. To the extent that the district is able to ascertain the meaning of this finding, the district disagrees that the North Zone “does its own thing.” The same academic and staff performance standards exist across all three zones. Implementation may differ or may be adapted or modified in order to meet the needs of the students served. Adapting curriculum to best meet the needs of students in order to achieve success and meet standards should in no way be mistaken for lack of management or district oversight. Report Card: Pajaro Valley Unified School District - 47 There are instances where staff from the North Zone may not participate in training provided to South and Central Zone staff, due to the fact that no North Zone schools are in Program Improvement status. Additionally, certain restrictions are in place with some categorical grants due to the specialized criteria or assurances that exist, and the North Zone schools may not fall within the required guidelines for training. 22.4 Those interviewed from the North Zone were aware of the fact that South and Central Zones receive substantially more money per student due to state and federal funding for the impoverished and under-performing schools. Response: The PVUSD PARTIALLY AGREES. Those who were interviewed from the North Zone must be referring to federal funding under Title I of the Elementary and Secondary Education Act. As stated earlier, schools receive the same funding per student from the district’s General Fund. Eligible schools also receive per pupil state and federal funding for categorical programs. North Zone schools are not typically eligible for these funds. 22.5 According to the management audit, zone meetings are evaluated by the parents as more important than board-level meetings because the board does not know the concerns from any one particular zone. Response: The PVUSD DISAGREES. No official evaluation of parent views regarding zone or board meetings has been done. Each year parents are surveyed as to their views and opinions regarding the effectiveness of zone and school level issues and concerns. This information is shared with the trustees and the superintendent. Parents may find zones to be more relevant to their particular needs because of the familiarity of the schools in the zones. The elementary schools feed into the middle schools/junior high, which then feed into the high school. Parents know each other from participating at the site level on various projects, meetings and special events, back to school nights and open houses. Just as a school site council or home and school club meeting is more pertinent to a parent than a zone meeting, it is understandable that a zone meeting would be considered more relevant than a board meeting, where all 35 PVUSD schools are represented and issues may be discussed that are of no interest to a particular parent. Trustees share concerns from zones with other trustees at board meetings or other less formal discussions, and are also kept informed by the superintendent and assistant superintendents regarding issues concerning a zone. Two all-zone meetings are held each year, and trustees attend these meetings as well. - 48 Report Card: Pajaro Valley Unified School District Conclusions A. The Appearance of a Conflict of Interest on the Part of the Superintendent
Additional Recommendations
3
Not linked to specific findings.
R15:
The report also noted that the district’s use of outside consultants in relation to its construction projects “seems to be working well.” (Id., p.
R16:
Regarding the district’s internal controls, the report “commended” the district “for developing improved standards and procedures,” and concluded that “the business department is operating within a reasonable level of internal controls considering the extreme pressure that the employees are under to keep up with the overwhelming workload.” (Id., p.
R10-02:
Resume August 2002, Dr. Mary Anne H. Mays Ed.D 12-29-02 Newsmaker of the Year PVUSD Trustees: Board names new high school, hires female superintendent, Santa Cruz Sentinel 2003 2003 The Brown Act, Open Meetings for Local Legislative Bodies (The California Attorney Generals Office, 2003, p. 1.) 10-24-03 Friday Board Update, October 24, 2003, Dr. Mary Anne Mays, pg. 2 2004 4-3-04 Fifty years after Brown v. Board of Education, segregation no longer black and white, The San Diego Union-Tribune [Article on integration using PVUSD as an example] 10-12-04 Management Audit, Organizational and Efficiency Study, October 12, 2004, School Services Corporation 10-25-04 The Education Innovator, October 25, 2004 www.ed.gov/print/news/newsletters/Innovator/2004/1025.html 2005 2-05 Dr. Mays’ Reply to Management Audit, Planning Operational Improvements and Efficiency, February 2005, Superintendent, Dr. Mary Anne Mays 6-30-05 Watsonville “Emergency Card” OPT-OUT a Winner, Santa Cruz Indymedia 11-2-05 The Pajaro Valley Unified School District Creates Innovative Ways to Challenge Reading Skills, Graniterock Press Release for press conference [Regarding the Million Word Campaign] 2006 2006 Student Success, A Shared Vision, 2006 Report to the Community, Santa Cruz County Office of Education 2-10-06 Contentious PVUSD board race began with Superintendent’s exit, Times Publishing Group 3-24-06 PV school superintendent resigns, Santa Cruz Sentinel 4-4-06 Pajaro Superintendent Dr. Mary Anne Mays Resigns, The Mid-County Post - 66 Report Card: Pajaro Valley Unified School District 4-18-06 The Struggle Continues at Pajaro Schools, Business Chief Retires a Few Weeks after Superintendent Resigns – Recall Campaign Announced Against Trustee, The Mid-County Post 7-20-06 Business leaders seek ‘outstanding’ PVUSD school board, Santa Cruz Sentinel 10-4-06 Retired teacher, volunteer vie for P.V school board, District ‘turmoil’ prompts volunteer to seek post and Board members touts experience and leadership, Santa Cruz Sentinel 10-8-06 Nuances of school board trusteeship, Santa Cruz Sentinel [Editorial page] 10-26-06 Former PVUSD administrator alleges slander by school board member, Santa Cruz Sentinel 11-3-06 Balance of power hangs in outcome of PVUSD races, Santa Cruz Sentinel [A summary of issues facing PVUSD] 11-14-06 Students look back on state’s history, Santa Cruz Sentinel 12-4-06 PVUSD leaders to be sworn in Wednesday, Santa Cruz Sentinel 2007 1-9-07 Pajaro Implements Efforts To Raise Scores and Avert Takeover, The Mid-County Post 1-9-07 No School Left Behind!, The Mid-County Post 1-9-07 Former Pajaro Schools Personnel Director Settles Lawsuit, The Mid-County Post 1-11-07 Change Requires Effort, Good Times [Article by Michael Watkins, COE] 1-18-07 Pajaro Valley schools shocker: Mays back as superintendent, Santa Cruz Sentinel 1-18-07 PVUSD new board majority approves return of superintendent, Santa Cruz Sentinel 1-19-07 Mays envisions stabilizing P.V. schools, Santa Cruz Sentinel 1-19-07 PVUSD makes decisive choice, Santa Cruz Sentinel [Editorial] 1-23-07 Dr. Mary Anne Mays Returns to Pajaro as Interim, The Mid-County Post 2-2-07 Board of trustees must not ignore the Brown Act, Register-Pajaronian 2-3-07 PV High School is getting a bum rap, Register-Pajaronian [Letters to the Editor] Report Card: Pajaro Valley Unified School District - 67 2-4-07 Luis Alejo letter to the Board, Re. Brown Act Violations during the January 17, 2007 meeting. 2-7-07 Schools chief warns of low expectations, O’Connell: Minority students suffer because of racial bias, Santa Cruz Sentinel [O’Connell is State Superintendent of Schools.] 2-07-07 DAG Study, Overview of PVUSD District Alternative Governance Committee Process as presented to the PVUSD Board February 7, 2007, included in Board Study Packet 2-9-07 Pajaro Valley school district headed to trial over high school mold clean-up, Santa Cruz Sentinel 2-9-07 PVUSD headed to trial over P.V. High School $1.5 million mold cleanup, Santa Cruz Sentinel 2-14-07 English Learner Program Evaluation Final Report, February 14, 2007 Norm Gold Associates 2-20-07 Beacon Charter Organizers Developing Plans for South County Schools, The Mid-County Post 2-20-07 Pajaro’s Program Improvement Schools Face Many Recommendations, Little Time, The Mid-County Post 2-21-07 $1.5 million dollars grant aims to curb gang activity at middle school level, Santa Cruz Sentinel 2-24-07 P.V. schools superintendent back — at 60 percent, Santa Cruz Sentinel 3-1-07 PVUSD board votes to hire Mays as interim superintendent, Santa Cruz Sentinel 3-3-07 Pajaro Valley school district in major flux, Santa Cruz Sentinel 3-8-07 PVUSD ponders management shake-up, Santa Cruz Sentinel 3-12-07 Educators await slate of school studies, Santa Cruz Sentinel [23 state department of education studies] 3-15-07 SAIT State Intervention Report, February 28, 2007, Board Packet Report by Mrs. Vicki Alterwitz, Action Learning Systems Progress Report Mar 15, 2007 3-17-07 $2.5 million dollars reading center now open, Santa Cruz Sentinel [The center is at Cal State Monterey Bay] 3-17-07 Management mop-up? Pinks slips handed out to five, Register Pajaronian 3-19-07 Beacon aims to open schools in P.V. and S.C, Santa Cruz Sentinel [Beacon is a charter school organization.] 3-27-07 School district employees silenced, Mays says only she can discuss schools with press, public, Register Pajaronian - 68 Report Card: Pajaro Valley Unified School District 3-27-07 Mays’ stormy return to PVUSD, www.santacruzlive.com/blogs/education/2007/03/27/mays-stormy- return-to-pvusd/ 3-28-07 State ratchets up pressure on lagging schools, Santa Cruz Sentinel [2006 Base Academic Performance Index (API) Report p. A-4] 3-30-07 Pajaro Valley teachers oust longtime leader, Santa Cruz Sentinel [Change in teachers union leadership] 4-3-07 Dispute emerges over P.V. teachers union’s leadership, Santa Cruz Sentinel 4-5-07 Membership has spoken, Santa Cruz Sentinel [Letters to the Editor] 4-6-07 P.V. teachers union election challenged, Santa Cruz Sentinel 4-6-07 Savino challenges Pajaro Valley teachers union election, Santa Cruz Sentinel 4-7-07 Befuddled by PVFT’s style of democracy, Register Pajaronian [Letters to the Editor] 4-10-07 Poor decisions being made for our school district, Register Pajaronian 4-11-07 Fed up with this school district, Register Pajaronian [Letters to the Editor] 4-12-07 Business Deal sparks questions about P.V. teachers union, Santa Cruz Sentinel 4-17-07 Half of seniors who flunked exit exam returned to school, Santa Cruz Sentinel [CA Jack O’Connell, State Superintendent of Instruction re: state wide exit exam results.] 4-19-07 Trustees focus on improving English proficiency, Santa Cruz Sentinel 4-20-07 Teach kids in English, Santa Cruz Sentinel [Letters to the Editor on the bilingual policy] 4-21-07 County school board OKs office move, Pajaro Valley educators, trustees blast deal to buy Harvey West space, Santa Cruz Sentinel 4-21-07 P.V. students enjoy incentives before critical testing, Santa Cruz Sentinel 4-22-07 How a School Gets Into and Out of Federal Sanctions, Santa Cruz Sentinel 4-24-07 Teachers union settles leadership crisis, Santa Cruz Sentinel 4-26-07 Program helps to build a future with students, ROP organizers reach out to middle schools, Santa Cruz Sentinel 4-07 State threatens to take away five local schools, Mays stays in district to head new committee, Register Pajaronian Report Card: Pajaro Valley Unified School District - 69 Date unknown Judge faults P.V. school district in student’s expulsion, Santa Cruz Sentinel 5-25-07 P.V. District in discord over new post, Santa Cruz Sentinel [Regarding the hiring of a deputy superintendent.] Date unknown Pajaro Valley Unified School District Board of Trustees Bylaw 9270 ‘Conflict of Interest’ Date unknown Government Code 89503,Government Code 81013, The Political Reform Act of 1974; Article 2, Chapter 7 Multiple dates Warrants, Invoices, Purchase Orders 2003-2006 to NCEE: school years 2003-2004, 2004-2005, 2002-5-2006 Watsonville HS, Pajaro MS, Calabasas ES. Doesn’t include travel, personal expenses for training etc.; not audited. Web Sites: Center for Public Integrity http://www.publicintegrity.org/default.aspx Senate Governmental Affairs Committee http://www.senate.gov~govt-aff/ SEC – Securities and Exchange Commission http://www.sec.gov/ COP Information http://www.scgi/2001/certpart.htm Mays’ stormy return to PVUSD www.santacruzlive.com/blogs/education/2007/03/27/mays-stormy-return-to-pvusd/ The Education Innovator, October 25, 2004 www.ed.gov/print/news/newsletters/Innovator/2004/1025.html - 70 Report Card: Pajaro Valley Unified School District
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Findings & Recommendations
161 findings
F1:
CPVAW bylaws state that its goals include preventing domestic violence against women, providing quality services, and ensuring public awareness of domestic violence as well as programs to prevent sexual assault. Response: CPVAW PARTIALLY AGREES. By-laws state that amongst other things, CPVAW is required to develop a comprehensive plan for the prevention of rape and domestic violence in the City of Santa Cruz. There is no mention of “providing quality services”.
F2:
CPVAW pursues its preventative role through educational outreach.
F3:
There is an ongoing demand for CPVAW self-defense classes.
F4:
Grand Jury members observed that CPVAW meetings are well organized and productive. Response: The City of Santa Cruz AGREES. Response: CPVAW AGREES.
F5:
The CPVAW has posted a written mission statement, agendas, and minutes on the CPVAW web site.6 6. Terms on CPVAW are staggered so that no more than two commission seats expire at the end of a given year. Commissioners may not serve more than two consecutive terms. The commission bylaws mandate monthly meetings. Commissioners are allowed three absences with notification or two without notification per calendar year.
F6:
CPVAW’s membership and leadership terms are established to maintain energy and promote infusion of new ideas.
F7:
The Grand Jury conducted an informal survey of downtown business sites (identified by the Safe Place Network decal) that showed out of twelve employees at different business establishments, only six were aware of the network and how to respond to an incident. Only one employee offered a brochure. Several employees were completely unaware of what the sticker represented; some offered creative responses. Response: The City of Santa Cruz AGREES. Santa Cruz City Commission for the Prevention of Violence Against Women web site, http://www.ci.santa-cruz.ca.us/. Domestic Violence in Santa Cruz County: - 13 Response: CPVAW AGREES that some business establishments were unaware.
F8:
CPVAW provides information on domestic violence in Spanish both on its web site and in its pamphlets.
Related Recommendations (1)
R26:
CPVAW is to be commended for providing information on domestic violence in Spanish. Response: The City of Santa Cruz: Domestic Violence in Santa Cruz County: - 25 The recommendation has been implemented. Response: CPVAW: The Grand Jury’s recommendation has been implemented. Thank you. CPVAW also has produced a Spanish version of resource card for the Safe Place Network and has an on-going commitment to provide materials in Spanish.
F9:
CPVAW has an annual budget of $70,000 that pays for a half-time administrative assistant, educational outreach, and instructors for self-defense classes. All CPVAW commissioners are volunteers. Response: CPVAW PARTIALLY DISAGREES. CPVAW staff position is a Commission Coordinator.
F10:
According to a CPVAW member, CPVAW “has had significant difficulty in obtaining District Attorney’s Office dispositions and updates.”7 Response: The Santa Cruz County District Attorney’s Office PARTIALLY AGREES. The District Attorney's Office investigative records and offenders' criminal histories are not public records. In addition, both offenders and victims have certain rights of privacy. Thus, information from our case files is not generally available to members of commissions or any other member of the public. However, information about case dispositions and other court actions can be obtained from the Superior Court. Thus, the same information that we obtain from the courts is directly accessible to others, including CPVAW.
F11:
The CPVAW report to the Santa Cruz City Council states that the rate of reported rape is higher in the City of Santa Cruz than comparative cities, counties, surrounding regions, and the State of California. The 2004 rate in Santa Cruz is 2.10 per 1,000 females while the rate in California is .53 per 1,000 females. Response: The City of Santa Cruz PARTIALLY AGREES. It is difficult to find comparison cities that adequately match the socioeconomic and general demographic breakdown of our locality. In addition, different cities have different policing philosophies that prioritize different elements of police work. The City of Santa Cruz Police Department is the only agency in Santa Cruz County that provides an in-house victim advocate. In addition, the City of Santa Cruz Police Department has placed a training and philosophical priority on issues pertaining to domestic violence and rape that allows for a more aggressive and broad criteria for sexual assault reporting. As such, variances in reported rape numbers, attributable to a multitude of confounding factors, are too complex to apply as a standard 7 Santa Cruz City Council Meeting Minutes, July 28, 1987. - 14 Domestic Violence in Santa Cruz County: comparison between localities. Response: CPVAW AGREES.
F12:
Santa Cruz City Police officials stated at the April 25, 2006, Santa Cruz City Council meeting that “the higher number of reported rapes may be due to more victims reporting such crimes and a new electronic reporting system started in 1999 that better captures crime statistics.”8 The SCPD officials did not have evidence supporting the reason for the increase. Response: The City of Santa Cruz PARTIALLY AGREES. The City of Santa Cruz Police Department implemented a new electronic reporting system, as stated at the April 25, 2006 Santa Cruz City Council meeting. It is statistically improbable that the increase in reported rapes, that coincided with the implementation of the new electronic system, is not at least partially attributable to the improved data collection system. Response: CPVAW AGREES that SCPD stated this but CPVAW DISAGREES with SCPD conclusions. The data analysis compared similar cities (tourist; beach; university). There is no reasonable basis for the conclusion that women in Santa Cruz are more inclined to report rape (as distinct from not inclined to report rape) than their counterparts in Berkeley for example. One would expect that the #’s of reported rapes and attempted rapes sent to the Federal government by SCPD, would be accurate and checked before sending, whether the crimes were recorded electronically or by hand. Only two sexual assault categories (rape and attempted rape) are sent to the Federal Uniform Crime Report.
F13:
One of the reasons the Santa Cruz City Council cited for denying the establishment of the Rape and Sexual Assault Task Force is that it has no jurisdiction to compel some of the potential members of the proposed task force, such as the Santa Cruz City Schools Superintendent, to participate in this project. Response: The City of Santa Cruz AGREES. Response: CPVAW: CPVAW AGREES that City Council took this action but DISAGREES that lack of ability to compel serving would make such a body inviable. The Commission felt that, 8 Santa Cruz Sentinel, “City works to increase rape awareness,” April 26, 2006. Domestic Violence in Santa Cruz County: - 15 with a formal invitation from the Mayor and Council, potential members would be honored to serve on the first-ever blue-ribbon task force on rape. DVC Findings 14. The DVC held a retreat in February 2006 to establish goals and revitalize the commission. Goals agreed upon at this retreat included: improving and reorganizing commission structure; evaluating and improving the annual report to the community, emphasizing the effectiveness of Batterers’ Intervention Programs; and providing the community with education about domestic violence. According to the Executive Summary of the DVC Retreat Preparation Questionnaire Report, “The members’ issues and concerns in 2006 are strikingly similar to the ones reported in 2002.”9 15. The goals of the DVC and its subcommittees vary from year-to-year depending on the interests of the chair and the membership. Response: The Santa Cruz County Board of Supervisors: The County notes that Section 2.118.050 of the County Code lists the following powers and duties of the commission: The domestic violence commission shall exercise the following responsibilities in its efforts to decrease incidents of family violence: A. Help increase coordination between agencies, departments and the courts, and with victims of domestic violence and abuse; B. Promote effective and accessible education, prevention, intervention and treatment techniques which will be developed based upon research and data collection; and C. Seek to improve the response to domestic violence and abuse so as to reduce incidents of domestic violence; and D. Examine issues relating to domestic violence and made recommendations in regard to administrative and legislative action to be taken by the board of supervisors; E. Establish a committee from among its membership, with the addition of a representative of the office of the Santa Cruz County counsel, as specified by Penal Code Section 853.6(a), to develop protocols for use by law enforcement officers and recommend the adoption of said protocols to the board of supervisors. (Ord. 4329 § 1 (part), 1994) 9 Archer, Kay Bowden, “Santa Cruz County Domestic Violence Commission, 2006 Retreat Preparation Questionnaire Report,” February 2006. - 16 Domestic Violence in Santa Cruz County: Response: The Domestic Violence Commission AGREES. The goals of the Commission vary depending upon what matters of concern or interest are brought to the attention of the Commission by members of the public, and by the Commission members themselves. Public comment is welcomed at each meeting. Actual membership is to be representative of all constituent groups, that is, advocacy agencies, law enforcement agencies, the District Attorney’s office, Health and Human Services, the Courts, health care, Probation, county Department of Education, and batterer intervention programs.
F14:
Because the DVC has no budget for publishing its annual report, valuable volunteer time is lost by having to solicit funds.
F15:
The DVC’s mandated responsibilities are not routinely addressed. DVC meetings with the required quorum are not frequent enough to conduct the work of the commission. Comparison of concerns stated at the two DVC Retreats (2002 and 2006) shows that these issues have not been adequately addressed. Evaluating Batterers’ Intervention Programs has been a DVC goal for several years.
F16:
The DVC produces an annual report for the Board of Supervisors that highlights activities, accomplishments, and future goals. The 2003-2004 report was not approved as of October 12, 2005 due to lack of quorum in meetings.
F17:
The annual report by the DVC to the Board of Supervisors is not on the DVC web site. DVC operating subcommittees are not identified on the web site, and their reports, if they exist, are not included in DVC minutes. The DVC web site does not include a full set of DVC agendas and minutes. Response: The Santa Cruz County Board of Supervisors AGREES.
F18:
The Domestic Violence Commission Annual Report to the Community includes information and statistics on advocacy groups, rate of child witness to domestic violence, law enforcement, District Attorney filings, and court protective orders. Response: The Santa Cruz County Board of Supervisors PARTIALLY AGREES. The “Report to the Community” provides statistics and analysis of information compiled from advocacy groups, the District Attorney’s Victim Witness program, law enforcement agencies, the District Attorney, the Civil Division of the Courts, the Human Resources Agency, Child Protective Services Division (child witness of domestic violence), the Probation Department and domestic violence intervention agencies (batterers programs). In 2007, the Commission hopes to obtain information from Courts Criminal Division. Response: The Domestic Violence Commission PARTIALLY AGREES. The “Report to the Community” provides statistics and analysis of information compiled from advocacy groups, the DA Victim Witness program, law enforcement agencies, District Attorney, the Courts – Civil Division, the Human Resources Agency, Child Protective Services Division (child witness of domestic violence), the Probation Department and domestic violence intervention agencies (batterers programs). In 2007, the Commission hopes to obtain information from Courts – Criminal Division. The Commission will also be exploring using this information in a different format. We discuss this further below. Domestic Violence in Santa Cruz County: - 17 In addition, the Report to the Community has sought to analyze the information and outcomes gathered from all sources, with the goal of using this information to decrease domestic violence in Santa Cruz County.
F19:
The DVC web site and annual report to the community are not translated into Spanish. Response: The Santa Cruz County Board of Supervisors AGREES. Response: The Domestic Violence Commission AGREES.
F20:
The DVC has no budget. Staff has been provided by the organization to which the chair belongs. Printing of the annual reports has been paid for by a variety of sources: the Sheriff’s Department, the District Attorney’s Office, and the Community Foundation. The DVC is seeking donations to print the 2004-2005 report to be released in Spring or Summer 2006. Response: The Santa Cruz County Board of Supervisors AGREES. The operations of all County commissions are funded through departmental budgets. Response: The Domestic Violence Commission AGREES. The DVC has no budget. For the first time ever, the Board allocated $1,500 to the District Attorney’s Office budget during its 2006/2007 budget hearing specifically this year for the Report to the Community 2006. While not a “budget”, this allocation to cover printing costs for our Report to the Community is now permanent and ongoing. Additionally, and while this is also not a “budget”, per County Ordinance, the District Attorney’s Office, at their cost in overtime, shall provide staff support and clerical services to the Commission (Ord. 4329 § 1(part), 1994). Member organizations make donations through their member-staff, usually of supplies or services. Printing the Report to the Community 2003-2005 has historically been funded through a variety of funding sources.
F21:
Grand Jury members have observed that agendas are not followed and reports from subcommittees were not made at DVC meetings, and action items were not tracked from meeting to meeting. The meetings also lack member attendance and participation. Response: The Santa Cruz County Board of Supervisors PARTIALLY AGREES. The Commission observed the agendas for each meeting, deferring action items to the next agenda whenever there was not a quorum. - 18 Domestic Violence in Santa Cruz County: In 2001, ten of ten meetings had quorums; in 2002, eight of ten meetings had quorums; in 2003, five of seven meetings had quorums; and in 2005, four of seven meetings had quorums. Response: The Domestic Violence Commission PARTIALLY DISAGREES. Agendas for the Commission meetings are observed during each meeting, and followed item by item. On occasion the Chair has made adjustments to the agenda in order to facilitate the meeting. Minutes are generated at and after each meeting. For those meetings where there was not quorum, agenda items requiring action were deferred until the next meeting. In 2001, ten of ten meetings had quorums, in 2002, eight of ten meetings had quorums, in 2003, five of seven meetings had quorums, in 2004, five of seven meetings had quorums and in 2005, 4 of seven meetings had quorums. The lack of member attendance and participation is a continueing problem, as well as the number of vacancies. The DVC further understands this finding as a statement about how easy or difficult it is to follow our proceedings, and will seek to make each meeting’s progress more clear.
F22:
DVC meeting requirements are set by the bylaws of the DVC that state meetings are to be held monthly. Response: The Santa Cruz County Board of Supervisors PARTIALLY AGREES. County Code 2.38.130 requires all commissions to hold regular meetings, the time and place for which are to be determined by a majority of members, as specified in the bylaws and approved by the Board of Supervisors. The current bylaws of the Commission state that “Regular meetings of the commission should be held quarterly.” Currently, the Commission meets more frequently than quarterly. Response: The Domestic Violence Commission PARTIALLY AGREES. The Board of Supervisors by County Ordinance establishes DVC meeting requirements. The bylaws restate the requirements established by County Ordinance. The DVC may propose changes to the meeting requirements in the County Ordinance as well as their bylaws to the Board of Supervisors for their review and approval. The most current bylaws approved for the DVC state “Regular meetings of the Commission should be held quarterly.” At the present time, we hold meetings more frequently than quarterly.
F23:
On February 11, 2004, the DVC approved a motion to hold six and not twelve meetings per year. Three were to be held in Watsonville. Some commissioners Domestic Violence in Santa Cruz County: - 19 expressed concern that the reduction would impact the work of the commission.10 Response: The Santa Cruz County Board of Supervisors AGREES but notes that the footnote is incorrect. The concerns noted in the footnote are reflected in the February meeting minutes rather than in the October minutes. Response: The Domestic Violence Commission AGREES. On February 11, 2004, the DVC approved a motion to meet six times per year with three of the meetings to be held in Watsonville. The awards night banquet was to be held in addition to the six meetings. It is our goal to conduct the actual work of the Commission in subcommittees and task forces, not in the regular meeting times. The regular meeting times are for such small groups to make reports, and for major actions to be voted upon. We decided to hold fewer than 12 meetings per year, but more than 4, so that this goal could be met. The footnote to this Finding is incorrect, as the Minutes to October 12, 2005 do not reflect this discussion, but the February meeting minutes do.
F24:
The DVC minutes of March 9, 2005, state, “a quorum consists of one person more than one-half of the appointed members (i.e., fourteen members). An absence policy states that if a member is absent from three consecutive regular meetings without good cause, he or she could be removed from the commission. Response: The Santa Cruz County Board of Supervisors PARTIALLY AGREES. On March 9, 2005, the DVC minutes in agenda item 7A state that “a quorum consists of one person more than one-half of the appointed members (i.e. fourteen members)”. This statement is a reiteration of the Commission’s bylaws and the County Ordinance 2.118 that established the Commission. When all of the DVC’s seats are filled, the DVC’s quorum is 14. However, number of vacant seats has ranged from 1 to 5 vacancies, so the number of members present to establish a quorum has varied from 12 to 14. The Domestic Violence Commission Bylaws filed on 6/20/95 states, “Any Commission or Committee member may be removed from office by a four-fifths vote of the Board of Supervisors favoring such removal. The absence of any member from three consecutive regular meetings without good cause shall require the question of removal of that member to be placed on the agenda of the next regularly scheduled meeting. Written notice of this agenda item shall be given by the Executive Officer to 10 Santa Cruz County Domestic Violence Commission, Minutes, October 12, 2005. - 20 Domestic Violence in Santa Cruz County: the member and the organization of government or government office the member represents. Removal of a Commission member shall be by a majority vote of eligible voting Commission members.” Response: The Domestic Violence Commission AGREES with the following clarification: When all of the DVC’s seats are filled, the DVC’s quorum is 14. The Commission has not had a full appointment of Commissioners for quite some time. Until recently, the Commission has had as many as 8 vacancies, making the quorum 12 or 13, not 14. The quorum depends upon the number of actual appointed Commissioners. In March of 2005, we had five vacancies, with two additional resignations pending. There was also some discussion about the number of Commission seats available, as Women’s Crisis Support and Defensa de Mujeres had held separate seats, and then the agency merged.
F25:
DVC meetings in which a quorum was present are represented below: YEAR QUORUM NUMBER OF MEETINGS 2001 10 10 200211 10 8 200312 10 7 2004 7 4 2005 7 5 Table 1: Domestic Violence Commission Quorum Meeting Record. Response: The Santa Cruz County Board of Supervisors PARTIALLY AGREES. According to the County’s records, the Commission met 7 times in 2003, and a quorum was present at 5 meetings in 2003 and 2004. Response: The Domestic Violence Commission PARTIALLY AGREES. The Domestic Violence Commission partially agrees with this finding. Attendance and participation are a continuing issue. It is hoped that new energy and 11 Two sets of minutes missing in 2002. One set of minutes missing in 2003. Domestic Violence in Santa Cruz County: - 21 membership will occur naturally in April of 2007 when some portion of the members’ terms expire, and that the now-vacant seats will be filled. Below summarizes the number of meetings and the number of meetings in which there was a quorum. This information was obtained from a review of the 2001, 2002, 2003 and 2004 Annual Report to the Board of Supervisors and agendas and minutes of DVC meetings. Year Number of Meetings Quorums 2001 10 10 2002 10 8 2003 7 5 2004 7 5 2005 7 4 26. The DVC chair and vice chair are elected to one-year terms beginning in April. However, there has been no scheduled meeting in April for the past three years. Response: The Santa Cruz County Board of Supervisors AGREES. Response: The Domestic Violence Commission AGREES.
F26:
CPVAW is to be commended for providing information on domestic violence in Spanish. Response: The City of Santa Cruz: Domestic Violence in Santa Cruz County: - 25 The recommendation has been implemented. Response: CPVAW: The Grand Jury’s recommendation has been implemented. Thank you. CPVAW also has produced a Spanish version of resource card for the Safe Place Network and has an on-going commitment to provide materials in Spanish.
F27:
For the past three years, the DVC has had no latino or gay/lesbian/transgender representatives. Three vacancies on the DVC have been open since January 2005. Response: The Santa Cruz County Board of Supervisors AGREES. Response: The Domestic Violence Commission AGREES. Considerable time, efforts and energy on the part of the Commission members have been made to find other persons who could volunteer for the vacant seats. In fact, the Commission has spent many meetings in 2004 and 2005 discussing this problem, as our Minutes reflect.
F28:
In November 2005, the DVC had existing subcommittees composed of a commissioner chair and private citizens who may or may not have been members of the DVC. At its February 2006 retreat, subcommittees were formulated consisting solely of commission members. Response: The Santa Cruz County Board of Supervisors PARTIALLY AGREES. - 22 Domestic Violence in Santa Cruz County: The Domestic Violence Commission has an Executive Committee composed of the Chair, Vice Chair and two or three other Commissioners. No committee is limited to only member participants. At the commission’s February 2006 retreat, subcommittees were formed consisting of both members and non-member participants. Response: The Domestic Violence Commission PARTIALLY AGREES. The Domestic Violence Commission has an Executive Committee composed of the Chair, Vice Chair and two or three other Commissioners. No Committee is limited to only Member participants. At our February 2006 retreat, subcommittees were formed and consisted of Members and non-member participants.
F29:
Subcommittees reported on their activities at DVC meetings from 2001 until 2004. The minutes of 2004 and 2005 do not reflect subcommittee action. Response: The Santa Cruz County Board of Supervisors AGREES. Response: The Domestic Violence Commission AGREES. CPVAW Conclusions 1. According to its bylaws, CPVAW’s stated focus is on both sexual assault and domestic violence; however, current focus seems to be primarily on sexual assault.
F31:
The DVC should establish clear and focused goals and strategies at the beginning of each year and submit them to the Board of Supervisors annually. These goals and objectives should be published on the DVC web site. Response: The Santa Cruz County Board of Supervisors AGREES. The County understands that the commission is taking steps to implement this recommendation. Response: The Domestic Violence Commission: The DVC is presently implementing this recommendation. At the beginning of 2006, the Commission established goals for the year, and created subcommittees with specific time lines for meeting those goals. The Executive Committee plans to conduct a retreat on an annual basis, to continually re-establish new goals and objectives that will conform to the changing realities of the community. While the Commission acknowledges that, as the processes of the 2006 retreat are developed, and that the goals and timelines may change, we are committed to continuing with our Retreat goals. The Executive Committee is also planning on publishing its Annual Report to the Board online, and Domestic Violence in Santa Cruz County: - 27 is implementing this at this time. Our new website, with updated information, will be ready by the end of 2006.
F32:
The Board of Supervisors should hold established commissions responsible for achieving goals and objectives and for following their bylaws. Response: The Santa Cruz County Board of Supervisors: This recommendation has been implemented. All commissions are responsible for achieving goals and objectives and for following their bylaws.
F33:
The DVC should post the annual report to the Board of Supervisors on the county web site along with goals, agendas, and minutes. The DVC should base its annual report to the Board of Supervisors on the achievement of previously stated goals. The web site should be updated with these items in a timely manner. Response: The Santa Cruz County Board of Supervisors: This recommendation will be implemented. The commission plans to submit the 2005 Annual Report to the Board of Supervisors in September 2006 and the 2006 annual Report in February 2007. The Annual Reports will be placed on the commission’s web page. Response: The Domestic Violence Commission: The DVC is presently implementing this goal. It is anticipated that The 2005 Annual Report to the Board of Supervisors will be submitted to the Board in September 2006 and The 2006 Annual Report to the Board of Supervisors will be submitted in February 2007. The web site will be updated as of 9/1/06. The web site includes: • Agendas & Minutes of the Commission from 2001 to the present. • Agendas & Minutes of some committees from 2001 to the present. • The Annual Reports to the Board of Supervisors from 2000 to 2004. • The Report to the Community from 2003 to 2005. • Information about the Commission: • Overview • Mission Statement • Contacts • Vacancies • Position Statements • List of Committees o Charter o Membership o Meeting dates, times and places - 28 Domestic Violence in Santa Cruz County: • Ordinance establishing the Commission • Bylaws • Brown Act information • Open Meeting Act information • Protocols • Domestic Violence Awareness Month Activities • Links 34. The DVC should continue to publish the annual Domestic Violence Commission Report to the Community. The 2005-2006 Grand Jury Final Report is a beginning step in evaluating batterers’ intervention programs. The DVC can build on this research to evaluate batterer accountability throughout the legal system. In addition, the report should identify cities making felony and misdemeanor arrests as does the 2003 report rather than just giving totals for the county. Response: The Santa Cruz County Board of Supervisors: This recommendation will be implemented. The DVC is in the process of an in-depth evaluation of the efficacy of batterer’s intervention programs. The Commission hopes to complete its evaluation by April 2007. In the “Report to the Community 2006”, DVC will identify the cities making felony and misdemeanor arrests as in the 2003 report. Response: The Domestic Violence Commission: This recommendation requires further analysis. Implementation at this time has the following limitations. The Commission is a volunteer organization, composed of an unwieldy number of individuals already burdened with important anti-violence work. The DVC has had many difficulties over the past 18 months in achieving full attendance and participation. To date, DVC members have engaged in tremendous collaborative efforts to publish this report, without any regular, ongoing financial support. The Annual Report, while a worthy report, is an enormous undertaking for our volunteers working in a volunteer capacity. Considering the funding difficulties, not limited to only the publishing of the report, but creating and editing questionnaires, gathering and organizing the data, requesting or composing summaries of the information, and putting it into a printable format, the DVC must consider other methods of getting the message out to the community. The CAP report, an ongoing, well-funded and widely distributed project of the Community Foundation, is a well-written, thorough report addressing crime, violence, sexual assault, and domestic violence in our county. For several years running, the CAP report has requested the assistance of one or more members of the DVC to assist in reviewing and analyzing data. Last year the public defender, Larry Domestic Violence in Santa Cruz County: - 29 Biggam, and this year the Chair, Heidi Simonson, were called upon to assess the public safety findings. Our Community Efficacy Task Force will make use of the Grand Jury’s report in its work evaluating Batterer’s Treatment programs over the next year.
F35:
The Board of Supervisors should guarantee funding for the annual DVC report to the community. Response: The Santa Cruz County Board of Supervisors: This recommendation has been implemented for 2006-07. Funds were included in the District Attorney’s budget to pay for the printing of the “Report to the Community 2006.” 36. Domestic violence advisory groups should make sure their literature is in both Spanish and English. Response: The Santa Cruz County Board of Supervisors: This recommendation requires further analysis on the part of the DVC. At present, the commission does not have or is unaware of available resources to translate the website and public postings into Spanish. Additionally, while the DVC looked into translating the “Report to the Community”, funds were not available to do so. The DVC does commit to continue to seek resources for this important recommendation. Response: The Domestic Violence Commission: The DVC would like to implement this recommendation, but has no funding to do so. This recommendation cannot be implemented without such funding. The DVC will continue to ask for member organizations or the Board of Supervisors for resources to implement this important recommendation.
F37:
Individual members of the DVC should insist on compliance with bylaws concerning monthly meetings and attendance. With established goals and productivity as the highest concern, bylaws could be amended if necessary. Response: The Santa Cruz County Board of Supervisors: The County supports this recommendation and requires all commission members to comply with the commission’s bylaws. Response: The Domestic Violence Commission: The DVC will not be implementing the first part of this recommendation for the following reasons. - 30 Domestic Violence in Santa Cruz County: Our present Bylaws require quarterly meetings. Nevertheless, we are presently meeting more frequently, as indicated above. In June, the DVC appointed a small task force to review and revise the Bylaws, and present them to the Commission as a whole for review and comment. The DVC intends to present amended Bylaws to the Board for their review before the end of 2006. Our group of volunteer members is large. Our attendance is low, and many members have been reappointed numerous times. There have been as many as 8 vacancies in the past two years, presently there are three. Removing members for lack of attendance we consider a poor method of encouraging participation, but we have implemented it once this year.
F38:
The DVC should consider changing its bylaws to shorten and stagger terms of office to infuse the DVC with fresh ideas and energy. Response: The Santa Cruz County Board of Supervisors: The County supports this recommendation and defers to the commission to implement it. The commission has appointed a task force to propose amendments, and one of their proposals is to shorten terms to three years in length, and to add a provision that no member shall be eligible to serve for more than two terms. The commission anticipates submitting recommended changes to the Board for review and approval by the end of 2006. Response: The Domestic Violence Commission: The DVC is implementing this recommendation. We are in the process of reviewing our Bylaws, a process started earlier this year. Shortening and staggering the terms of office will be considered as a portion of the entire bylaw review process. The DVC wholly agrees that fresh ideas and energy are needed. As indicated above, we have appointed a task force to propose amendments, and one of their proposals is to shorten terms to three years in length, and to add a provision that no member shall be eligible to serve for more than two terms. We anticipate presenting the proposed Bylaws to the Commission, and thereafter the Board by the end of 2006. After the amended bylaws are approved by the DVC, they must be submitted to the Board of Supervisors for their review and approval. We would appreciate from the Board any and all efforts to fill vacancies.
F39:
The DVC should consider re-establishing an executive committee and identifying these members on the DVC web site. It should also consider increasing the number of Domestic Violence in Santa Cruz County: - 31 officers to share responsibilities. Response: The Santa Cruz County Board of Supervisors: This recommendation has been implemented. The DVC has an Executive Committee, which was re-elected in June of 2006 and consists of the Chair, Vice-Chair and two to three at-large commissioners. The DVC has already drafted a revised website for the DVC which includes reference to all current committees, including the Executive Committee, and each committee’s members. The DVC anticipates the new website with this information will be available within 30 days, after review by the Commission as a whole. Response: The Domestic Violence Commission: This recommendation has already been implemented. The DVC already has an Executive Committee, which was re-elected in June of 2006. The Executive Committee is composed of the Chair, Vice-Chair and two to three at- large commissioners. The DVC has already drafted a revised website for the DVC which includes reference to all current committees, including the Executive Committee, and each committee’s members. The DVC anticipates the new website with this information will be available within 30-60 days, after review by the Commission as a whole.
F40:
The DVC should fill its vacancies and remedy the attendance problem. Response: The Santa Cruz County Board of Supervisors: The DVC is implementing this recommendation. Members of the commission are appointed by the Board of Supervisors from applicants. Each member of the commission has actively sought volunteers willing to apply to the Board for membership, especially for the at-large seats, without success. The County’s website provides information on applying for vacant Commission spots and the DVC’s new website will post the vacancies available. Response: The Domestic Violence Commission: The DVC cannot implement this recommendation. Membership is controlled by the Board of Supervisors. The DVC may recommend persons to the Board for its vacancies, but it is the Board’s duty to fill our vacancies. Review of our Minutes will reflect how much each member has actively sought volunteers willing to apply to the Board for membership for (in particular) the at-large seats, without success. Our meeting Minutes from the end of 2004 and January 2005 forward reflect the Commission’s discussions of and attempts to remedy this problem. - 32 Domestic Violence in Santa Cruz County: The DVC’s new website will also post the vacancies available. The County’s website also provides information on applying for vacant Commission spots. The DVC is committed to regular retreats in order to focus and galvanize the present membership, and remedy the attendance problem. The DVC has also recently removed a non-attending member, and notified the Board of the vacancy.
F41:
The DVC should consider amending its bylaws to increase the chair’s term of office. Response: The Santa Cruz County Board of Supervisors: This recommendation will be implemented. The DVC will review the length of the term of office of the Chair as a part of its overall review of the bylaws as stated in the response to recommendation 16. Response: The Domestic Violence Commission: The DVC is implementing this recommendation. The DVC will review the length of the term of office of the Chair as a part of its overall review of the bylaws as stated in the response to recommendation 16.
F42:
The DVC should develop an orientation process for new members. Response: The Santa Cruz County Board of Supervisors: This recommendation requires additional analysis. The DVC will place this recommendation on its agenda before the end of 2006, and request the formation of a short term task force to develop an orientation process. Response: The Domestic Violence Commission: The DVC will implement this recommendation. Implementation will require further time to develop either a simplified mentoring program or a new-member notebook with orienting materials. The DVC will place this recommendation on its agenda before the end of 2006, and request the formation of a task force for a short term, to develop an orientation.
F43:
The DVC should require each member to give an annual presentation on the organization he or she represents to update the commission as a whole. Response: The Santa Cruz County Board of Supervisors: This recommendation requires additional analysis. The County defers to commission members to determine whether such presentations would be a valuable use of the commission’s time. Response: The Domestic Violence Commission: Domestic Violence in Santa Cruz County: - 33 The DVC will implement this recommendation with some amendments. The Commission changed the format of our meetings in 2005, eliminating member presentations. At that time, members requested shortened meetings, as our attendance declined. The previous presentations ceased approximately one year ago, and currently consist only of introductions and communications from Commissioners. At this time, this recommendation can be implemented by November 2006, although our intent is to request two members per meeting provide “guided” reports on their organizations goals or direction as it relates to domestic violence.
F44:
Individual members of the DVC should take full advantage of networking opportunities to collaborate, problem solve, and determine whether unaddressed needs of survivors exist. Response: The Santa Cruz County Board of Supervisors: The County supports this recommendation and encourages commission members to implement it. Response: The Domestic Violence Commission: The DVC has already implemented this recommendation, by including an agenda item at the beginning of each meeting to provide time for this to occur. The Executive Committee approved earlier this year adding “networking time” to the beginning of the meeting. The Chair actively supports this at our meetings. Each member has been provided these recommendations, and hard copies will be made available at our next meeting.
F45:
The DVC should include information about its subcommittees on the county web site. It should also include progress reports on projects. Response: The Santa Cruz County Board of Supervisors: This recommendation will be implemented. Response: The Domestic Violence Commission: This recommendation is currently being implemented. The DVC, without a budget, relies upon the CAO’s office for technical assistance in producing, editing and posting our website. The CAO’s office has recently completely revamped our website, and the DVC will be reviewing it within approximately 30 days.
F46:
DVC volunteers are to be commended for increasing awareness of domestic violence in Santa Cruz County. Response: The Santa Cruz County Board of Supervisors: - 34 Domestic Violence in Santa Cruz County: The County concurs with the Grand Jury’s appreciation of commission members. Response: The Domestic Violence Commission: The DVC has implemented this recommendation, and further appreciates the commendation! We appreciate the work of the Grand Jury’s Health and Human Services Committee and their investigation, findings and recommendations. Domestic Violence in Santa Cruz County: - 35 Responses required Entities Findings Recommendations Respond Within Santa Cruz County 17 - 18, 23 - 10 - 13 60 Days Board of 26 (September 1, 2006) Supervisors Santa Cruz City 4, 7, 11 - 13 1 - 5 60 Days Council (September 1, 2006) Santa Cruz County 15, 18 - 30 8 - 9, 11 - 12, 14 - 24 90 Days Domestic Violence (October 1, 2006) Commission Santa Cruz City 4, 7, 11 - 13 1 - 5 90 Days Commission for the (October 1, 2006) Prevention of Violence Against Women District Attorney’s 10 6 60 Days Office (September 1, 2006) - 36 Domestic Violence in Santa Cruz County: This page intentionally left blank. Domestic Violence in Santa Cruz County: - 37 Shallow Pockets, Deep Needs: Funding An appropriate quote from the Community Foundation of Santa Cruz County’s recent 2005 Nonprofit Landscape Study offers a reflective thought in regard to funding of service providers, in general, and for the purposes of this report, to domestic violence service providers. “Providing nonprofits with the technical, financial and volunteer support necessary to help them thrive is ultimately in the best interest of all Santa Cruz County residents.”13 Background Organizations providing services related to domestic violence are funded through federal, state, and local grants, private donors, and charitable distributions. Of all the service providing agencies related to domestic violence that were reviewed by the Santa Cruz County Grand Jury, most were among the nonprofit sector, two were for profit, and one was self-sustaining with little or no funds. The Santa Cruz County Human Resource Agency (HRA) subcontracts with at least sixty Health and Human Services nonprofits to provide a wide range of social services within the county. The Health Services Agency (HSA) funds health-related nonprofits that provide drug and alcohol abuse programs. Funding for these agencies comes from county, federal, and state funding sources. Additional monies from a fee on marriage licenses and from the Probation Department are allocated to domestic violence-related programs in the county. At present, no single-source document identifies the total funding of nonprofits in the county by service provider, the granting agency that allocates funds to their organization, and the mix of public and private monies from various sources. Contracts with nonprofits totaled over six million dollars in fiscal year 2004-2005.14 Because there is no single-source document, the Grand Jury was unable to determine the percentage of funds specifically allocated to domestic violence service providers. Decisions to allocate county funds are made by the Board of Supervisors and are based on recommendations of budget analysts, department directors, and oversight boards. In this time of budget constraints, legitimate concerns are raised regarding the cost of duplicated services and administrative costs. The recent administrative consolidation (1999) and subsequent merger (2005) of Defensa de Mujeres and Women’s Crisis Support provides an example of potential budget efficiency (economy of scale). “In contrast to other California counties that have experienced a slow down in nonprofit growth, [the number of] Santa Cruz County nonprofits have continued to grow by forty- 13The Community Foundation of Santa Cruz County, 2005 Santa Cruz County Nonprofit Landscape Study. 14The Community Foundation of Santa Cruz County, 2005 Santa Cruz County Nonprofit Landscape Study. - 38 Domestic Violence in Santa Cruz County: five percent in the last fifteen years; fifteen percent in the last five years.”15 Consequently, those making funding allocation decisions must consider many more organizations than previously. The nonprofit funding environment is limited and competitive in Santa Cruz County. Currently, only two local charitable organizations, the United Way and the Community Foundation of Santa Cruz County, fund the growth or creative projects, such as a pilot project or new materials, of domestic violence service providers beyond their established funding base. Contributions from local charities and individual contributions represent a minimal percentage of an organization’s total operating budget. Consequently, reliance on federal, state, and local funding sources becomes central to maintaining a core operational budget.16 With salaries often higher for comparable positions in nearby larger cities, many organizations rely on the passion and compassion of individuals dedicated to a particular cause. Based on a recent study of nonprofits in Santa Cruz County by the Community Foundation of Santa Cruz County, “one-third of nonprofits operate with an annual budget of less than $50,000; half with two or fewer staff members, and nearly one-third rely on an all volunteer workforce.”17 Establishing a diverse funding base through fund raising, grant writing, and development of marketing and solicitation materials requires staff, time, energy, and specific skill sets. The Grand Jury has deduced that young organizations with less staff, visibility, and minimal strategic short- and long-term goals often flounder and struggle for years before becoming established or disappearing altogether. One such organization, offering a unique service, ceased operation within the past year. The majority of organizations reviewed in this report relies heavily on volunteers within the community to support and implement organizational goals. Core funding of nonprofit organizations related to domestic violence is established through federal and state grants, service contracts with local government, and private donations. Additional monies could be obtained from two local charitable, funding organizations, the United Way of Santa Cruz County and the Community Foundation of Santa Cruz County. An assessment of these sources follows. United Way Findings 47. The Executive Director of United Way has held the position for fourteen years. The organizational structure includes a board of trustees and decision-making committees. A mission statement exists and a recently adopted Fund Distribution Plan document details the process for funding. 15The Community Foundation of Santa Cruz County, 2005 Santa Cruz County Nonprofit Landscape Study. 16The Community Foundation of Santa Cruz County, 2005 Santa Cruz County Nonprofit Landscape Study. 17The Community Foundation of Santa Cruz County, 2005 Santa Cruz County Nonprofit Landscape Study. Domestic Violence in Santa Cruz County: - 39 48. United Way has sixteen staff members, half of whom are First Five employees. United Way also staffs the Children’s Network.
F49:
United Way raises approximately $1.3 million per year through local agencies, employers, businesses, and corporate and private donors.
F50:
Consideration for initial funding by United Way must meet criteria in one of five funding areas: Youth, Disabled, Homeless Families, Healthy Families, and Elders.
F51:
In addition to the established funding areas, three United Way initiatives currently underway are: Go for Health, Together for Youth, and Success by Six.
F52:
An extensive application for funding by United Way must be submitted. The application process is coordinated by the Human Resource Agency and can be shared with and utilized by other city and county funding sources.
F53:
The United Way currently funds thirty-three organizations, each for a three-year cycle.
F54:
The Walnut Avenue Women’s Center Support Groups have been funded by United Way for the past three years.
F55:
A designated United Way committee determines if funding for an agency will be renewed for an additional three-year cycle. Response: United Way AGREES.
F56:
Individual donors can designate monies to the United Way general fund, to one of the thirty-three agencies selected for funding, or to any other agency in the community.
F57:
A scheduled one-hour, on-site evaluation of United Way-funded agencies occurs each year by an evaluation team. The evaluation team consists of one United Way employee and three or four volunteer community members who have received a two- hour training. The evaluation form used by the team is thorough in scope. Some volunteer evaluators have served for many years. Response: United Way AGREES.
F58:
United Way plays a directive and contributory role in the development and annual distribution of the Community Assessment Project (CAP). The CAP has been produced for eleven years and provides access to trended data related to many social issues of concern to various members of the community. Community Foundation of Santa Cruz County Findings 59. The Community Foundation of Santa Cruz County was established in 1982. The current Executive Director has been in the position for ten years. An eighteen- member volunteer board of directors actively guides a staff of 9.3 employees all of whom have nonprofit experience. - 40 Domestic Violence in Santa Cruz County: 60. The Community Foundation recently participated in a study of time/cost analysis to streamline its operations and guide strategic planning.
F61:
Web site and marketing materials for Community Foundation are current and thorough.
F62:
The Community Foundation of Santa Cruz County funds nonprofit organizations or agencies designated by donors.
F63:
The range of total funds distributed annually by Community Foundation is $500,000 - $4,000,000 depending on monies earned, raised, or received that year.
F64:
Annual distributions by Community Foundation for all selected competitive grants range from $500,000 - $770,000.
F65:
Funding sources for the Community Foundation include investments, donors, partnerships, and fundraising.
F66:
The Community Foundation maintains seven fields of interest in which to receive and disburse monies: Arts and Humanities, Community Development, Education, Environment, Health, Historic Preservation, and Human Services.
F67:
Funds are disbursed by Community Foundation to local nonprofits based on grant application or donor-advised funds.
F68:
Community Foundation funding for 2003 to domestic violence-related service providers included Walnut Avenue Women’s Center, Women’s Crisis Support- Defensa de Mujeres, and Familia Center.
F69:
Community Foundation funding for 2004 and 2005 to domestic violence-related service providers included Walnut Avenue Women’s Center, Defensa de Mujeres, and Women’s Crisis Support.
F70:
There is an annual competitive application process for Community Foundation grant funds.
F71:
After receiving grant funds from the Community Foundation, an agency must wait for three years before submitting another grant application. However, some agencies receive annual distributions from donor-advised funds.
F72:
Community Foundation staff evaluate the expenditure of distributed funds through site visits and mid-term and final reports. On occasion, site visits are made prior to funding.
F73:
Other programs and services of benefit to the community offered through the Community Foundation include: • management training workshops; • grant application workshops; • a CD-ROM data base of other funding foundations; • a board match program to assist nonprofits in finding board members; • estate planning; and Domestic Violence in Santa Cruz County: - 41 • a list of nonprofits and their purposes to assist donors in making their contribution decision.
F74:
The Community Foundation underwrote a study of local nonprofits in 1999 and 2005 to assess the local nonprofit landscape.
F75:
There is no single-source document that identifies the budgets of domestic violence- related agencies in Santa Cruz County. Response: The Santa Cruz County Board of Supervisors AGREES.
Related Recommendations (1)
R94:
The DVC should collect budgetary information on direct service providers and Batterers’ Intervention Programs to get an overall picture of funding. Response: Domestic Violence Commission: The DVC will not be implementing this recommendation. The Commission has no funding or staff to do so. Response: The Santa Cruz County Board of Supervisors: This recommendation requires further analysis. The County defers to the commission to determine whether this action would assist the commission in meeting its responsibilities. - 44 Domestic Violence in Santa Cruz County: Responses requested, but not required Entity Findings Recommendations Respond Within United Way 9, 11, 30 1, 3, 4, 6 90 Days (October 1, 2006) Community 20, 24, 30 2, 5, 6 90 days Foundation of (October 1, 2006) Santa Cruz County
F76:
Representatives of the United Way and Community Foundation of Santa Cruz County expressed concern regarding the duplication of services within the county and subsequent duplicated administrative costs. Response: United Way PARTIALLY AGREES. Because most community based health and human services have long waiting lists for client services we are not concerned about duplication of services within the county. We do think however that some economies of scale could be achieved if several small non-profit agencies merged to share administrative services and costs. Conclusions 77. Leadership in both organizations is stable.
Related Recommendations (1)
R93:
Representatives from both organizations should be active participants in future county-wide discussions on the collaborative efforts of nonprofits and the impact of duplicated services and costs. Response: United Way AGREES. We look forward to participating in county-wide discussions to reduce costs and improve health and human services in Santa Cruz County.
F77:
Leadership in both organizations is stable.
F78:
Both organizations are well entrenched within the community, are efficiently run, and provide valuable services to the community.
F79:
Both organizations maintain a degree of transparency with information readily available through current web site access, printed materials, and media exposure.
F80:
Many grass roots service agencies in the county rely on yearly funding from United Way. However, it is difficult for a new organization to become one of the thirty-three organizations selected for annual funding.
Related Recommendations (1)
R91:
The United Way should consider a small funding category for new or young organizations that provide unique services. Response: United Way AGREES. The Agency Relations Committee of the Board of Trustees will consider action on this recommendation. Domestic Violence in Santa Cruz County: - 43
F81:
Since funding by United Way is for a three-year cycle, it is important that evaluations yield accurate information. Scheduled one-hour site evaluations may not provide an accurate assessment.
Related Recommendations (1)
R90:
The United Way should consider periodic, spontaneous, rather than scheduled, evaluative site visits. Response: United Way AGREES. The Agency Relations Committee of the Board of Trustees will consider action on this recommendation.
F82:
The Community Foundation provides an important source of financial assistance to local, stable, 501(c) 3 nonprofits seeking funds for specific projects. It is difficult for young organizations or established non-501 (c) 3 agencies that have no funding source, such as Battered Women’s Task Force, to receive small grant consideration.
Related Recommendations (1)
R91:
The United Way should consider a small funding category for new or young organizations that provide unique services. Response: United Way AGREES. The Agency Relations Committee of the Board of Trustees will consider action on this recommendation. Domestic Violence in Santa Cruz County: - 43
F83:
The United Way produces the annual Community Assessment Project (CAP) that provides a broad range of trended and comparative data for the community. In relation to this Grand Jury report, the areas of crime and domestic violence are of import. It is a valuable resource for county organizations and residents. - 42 Domestic Violence in Santa Cruz County:
F84:
The 2005 Santa Cruz County Nonprofit Landscape study underwritten by the Community Foundation is a valuable point-in-time resource that serves the community.
F85:
The broad variety of programs and projects offered by the Community Foundation reflects its philanthropic goal of outreach to the community.
F86:
An overall picture of domestic violence-related funding in a single-source funding document would be useful to the DVC in meeting its goals.
Related Recommendations (1)
R94:
The DVC should collect budgetary information on direct service providers and Batterers’ Intervention Programs to get an overall picture of funding. Response: Domestic Violence Commission: The DVC will not be implementing this recommendation. The Commission has no funding or staff to do so. Response: The Santa Cruz County Board of Supervisors: This recommendation requires further analysis. The County defers to the commission to determine whether this action would assist the commission in meeting its responsibilities. - 44 Domestic Violence in Santa Cruz County: Responses requested, but not required Entity Findings Recommendations Respond Within United Way 9, 11, 30 1, 3, 4, 6 90 Days (October 1, 2006) Community 20, 24, 30 2, 5, 6 90 days Foundation of (October 1, 2006) Santa Cruz County
F87:
In an environment of continuing countywide budget constraints, and the continuing growth in the numbers of nonprofits, a study of duplicated services and administrative costs by nonprofit agencies within the county has not occurred. Representatives from the United Way and the Community Foundation would be likely leaders to initiate and/or participate in such a study.
Related Recommendations (1)
R93:
Representatives from both organizations should be active participants in future county-wide discussions on the collaborative efforts of nonprofits and the impact of duplicated services and costs. Response: United Way AGREES. We look forward to participating in county-wide discussions to reduce costs and improve health and human services in Santa Cruz County.
F90:
The United Way should consider periodic, spontaneous, rather than scheduled, evaluative site visits. Response: United Way AGREES. The Agency Relations Committee of the Board of Trustees will consider action on this recommendation.
F91:
The United Way should consider a small funding category for new or young organizations that provide unique services. Response: United Way AGREES. The Agency Relations Committee of the Board of Trustees will consider action on this recommendation. Domestic Violence in Santa Cruz County: - 43 92. The Community Foundation may want to consider a trial program wherein a selected, young (less than four years old) nonprofit, offering a unique service, or an established, productive but unfunded agency could be assisted financially and managerially for a selected period of time.
F93:
Representatives from both organizations should be active participants in future county-wide discussions on the collaborative efforts of nonprofits and the impact of duplicated services and costs. Response: United Way AGREES. We look forward to participating in county-wide discussions to reduce costs and improve health and human services in Santa Cruz County.
F94:
The DVC should collect budgetary information on direct service providers and Batterers’ Intervention Programs to get an overall picture of funding. Response: Domestic Violence Commission: The DVC will not be implementing this recommendation. The Commission has no funding or staff to do so. Response: The Santa Cruz County Board of Supervisors: This recommendation requires further analysis. The County defers to the commission to determine whether this action would assist the commission in meeting its responsibilities. - 44 Domestic Violence in Santa Cruz County: Responses requested, but not required Entity Findings Recommendations Respond Within United Way 9, 11, 30 1, 3, 4, 6 90 Days (October 1, 2006) Community 20, 24, 30 2, 5, 6 90 days Foundation of (October 1, 2006) Santa Cruz County Responses required Entity Findings Recommendations Respond Within Domestic Violence 29 7 90 Days Commission of (October 1, 2006) Santa Cruz County Domestic Violence in Santa Cruz County: - 45 A Trusted Hand When Needed: Direct Services to Survivors Background Two primary nonprofit organizations, Women’s Crisis Support-Defensa de Mujeres and Walnut Avenue Women’s Center, provide a variety of services and programs that enable female victims to address their life situations and, eventually, to rebuild their lives. A third organization that provides direct services to women is the Battered Women’s Task Force (BWTF). It is housed within the Walnut Avenue Women’s Center. A fourth organization, Familia Center, offers services to low-income families. One additional organization, Family Matters, offered services to male victims, but ceased operation within the past year. Women’s Crisis Support (WCS) was established in 1977 in Santa Cruz. Defensa de Mujeres (DdM) was established in Watsonville in 1990. The two organizations were administratively consolidated in 1999 and officially merged in 2005. Four facilities exist under the umbrella of WCS-DdM: an administrative office in Watsonville, a service provider center in Watsonville, a service provider center in the City of Santa Cruz, and an emergency shelter located within the county. The organization owns the administrative building, the service center in Watsonville, and the shelter. The service center located in the City of Santa Cruz is leased. WCS-DdM has a ten-member board of directors currently working on a five-year strategic plan. Operational bylaws are in existence. The Executive Director has been in the position for nine years. There are approximately thirty-nine staff members, all of whom are bilingual. A newsletter, N.E.W.S. (Networking to Ensure Women’s Safety), is published quarterly. Several other brochures and flyers list pertinent information about the organization and the services provided. All services are available in English and Spanish. Services include: • emergency shelter for women and their children • telephone and in-person individual crisis support • legal assistance with document preparation • individual and group support and counseling • court advocacy • victim advocate with Sexual Assault Response Team • neighborhood outreach • parenting classes • workshops for families • self-defense classes for adult and teen women • state-mandated domestic violence training for employees and volunteers - 46 Domestic Violence in Santa Cruz County: • victim advocate training • community presentations • training for law enforcement agencies healthy families program • children’s and teen’s support groups Approximately 1,700 clients were provided domestic violence-related services in the year 2004-2005. The most frequently used services were: advocacy, peer counseling, crisis intervention, and legal services. Services were utilized by all ethnicities. In 2005, WCS- DdM provided emergency shelter to fifty-six women and sixty-eight children. Length of stay ranged from one to ninety-one days with an average of twenty-four days. Total bed nights provided were 2,972. The Client Satisfaction Survey, conducted by Applied Survey Research in 2002-2003, reflected quite favorably on the organization. Large numbers of volunteers support the organization. The Walnut Avenue Women’s Center (WAWC) is located in the City of Santa Cruz. It was established seventy years ago as part of the YWCA. It later became independent and assumed its present name. The center owns the building in which it is located. The WAWC currently has an eight-member board of directors that meets monthly. The board operates under established bylaws. The Executive Director has been in the position for thirteen years. Seventy-five percent of the WAWC’s thirty-eight employees are bilingual. The WAWC is considered a family resource center and offers a variety of programs including: • childcare centers • a family literacy program • youth programs • a domestic violence program • teen mom program • mentoring program for youth • parenting classes • SAFE Connections for Kids (a supervised child visitation program) WAWC has a satellite presence in Live Oak and at Santa Cruz High School. The center does not have a shelter but collaborates with the WCS-DdM shelter and can provide safe houses for those in need. Nearly fifty percent of clients served in the domestic violence program are Latina. Ninety percent of those in the Literacy Program and sixty percent of those in the childcare program are Latina. There is a large number of volunteers who serve the center. Services are free unless the ability to pay on a sliding scale is established. WAWC served approximately 1,900 clients seeking domestic violence services in 2005. Both WCS-DdM and WAWC receive funding through federal, state, and county funding streams. Federal and state funding sources include the Office of Emergency Services and Domestic Violence in Santa Cruz County: - 47 the Department of Health Services – Domestic Violence Division. County funding is administered through the Health Services Agency and the Human Resource Agency. In addition, cities within the county contribute annually to operational budgets. Federal, state, and county funding varies from year-to-year with the political and economic climate. Both organizations receive monies from the United Way and the Community Foundation of Santa Cruz County. Funds from other foundations are sought and received. It is common for one organization to have six or more funding sources. Each source must be tracked, and the organization must be available for audits and site visits by the funding agency. The instability of funding necessitates fundraising activities each year. Although time-consuming, grant writing is a common and necessary endeavor to procure funds for on-going programs and special projects. The Battered Women’s Task Force (BWTF) has been in existence for over fifteen years. It is a collective of ten to fifteen facilitators who provide support to battered women through weekly support group meetings. The meetings are conducted at the WAWC. Those attending the groups are referred to as survivors and are assisted through three levels of self-development to process their experiences and strengthen their decision- making for the future. Meetings are confidential and serve to facilitate the healing process. Drop-ins are welcome. Grocery supplies from Second Harvest Food Bank are often distributed at the end of meetings. The BWTF has no consistent funding source but may receive small amounts of money from time-to-time through grants. Monies obtained through grants are used to produce materials for the survivors and to increase public awareness. The BWTF has produced an excellent resource book for participants, however, it is currently available only in English. The Grand Jury developed an open-ended questionnaire in English and Spanish to solicit survivor input. The questionnaires were distributed to facilitators in areas where support groups or shelters were located. The intent was to provide a voice to survivors and to gather information from survivors about problematic areas encountered within the system. Respondents overwhelmingly indicated their appreciation for the centers that offered them services. Respondents from shelters expressed gratitude for having a safe and supportive environment in which to begin healing and to take positive steps. With childcare services offered, the opportunity to attend a support group without the responsibilities of childcare promoted attendance and participation at the service centers. Survivors viewed support groups as a lifeline to continued growth. Legal assistance and court advocacy were reported to strengthen their resolve and facilitate personal progress. Other amenities such as food distribution, social service and health referrals, and clothing distribution were also appreciated. Frustrations included the large number of agencies to be contacted by survivors to access needed assistance. The lack of transportation was reported to hamper the ability to access assistance, seek employment, access health care, and provide for the welfare of children. Personal frustrations centered around living with fear for personal safety, perceived indifferent response by female police officers, the unknown, and the emotional rollercoaster of deciding to start anew. Familia Center is a nonprofit organization that was started in 1983 as a satellite clinic of the Women’s Health Center in the Beach Flats area. After closing for one year, it - 48 Domestic Violence in Santa Cruz County: reopened in 1993 in the City of Santa Cruz as a health services agency education center. The center has a board of directors and is in the process of purchasing its building. Criteria for employment at Familia Center includes the ability to read, write, and speak English. The eight current employees are bilingual. Familia Center’s primary purpose is to provide services to low-income people within the community. Familia Center is part of the Healthy Kids Program through First Five. The center’s day care program serves twenty to twenty-five children each day. Additional drop-ins are also welcome. Court referrals to Familia Center are few and are primarily from Child Protective Services and police agencies. The center offers five, six-week parenting classes each year throughout the county. One of the classes is conducted at WAWC. The parenting classes are free. When appropriate, referrals are made to Defensa de Mujeres for shelter services. Other services provided by Familia Center include: • advocacy and support • assistance with health insurance enrollment • a home visitor program to assist families with referrals • assistance with translation in completing applications and forms • a school readiness program for children ages three to five • food and clothing distribution • educational workshops including computer use for beginners, ESL, diabetes education and nutrition, and vegetarian cooking • youth enrichment programs include the homework club, teen homework lab, fun Friday, and summer fun The average number of clients served on a monthly basis is 285. Unduplicated contacts for the year 2004-2005 were 1,626. Eighty-one percent of all clients are Latino and two- thirds of those receiving services are female. Seventy-three percent of all clients receiving services are monolingual Spanish. Ninety-two percent are considered to be in a very low-income bracket despite a majority being employed. The services most utilized were food and clothing assistance. Familia Center coordinates with a large number of other nonprofit organizations within the county. All materials are in English and Spanish. Funding for Familia Center is from a diverse funding stream that includes federal pass- through monies, state grants, foundation and endowment funds, First Five funds, private donors, and the Community Foundation of Santa Cruz County. Client satisfaction surveys conducted in 2004 and 2005 revealed a strong level of trust with staff at the center. Family Matters was started in Scotts Valley in 2001 as a nonprofit organization to provide services related to domestic violence. It ceased operation in December 2005. All five staff members were volunteers. The Executive Officer and the Administrative Assistant were bilingual, but only the Executive Officer could translate in confidential settings. Five brochures, available only in English, addressed specific topics. Services provided by Family Matters included crisis intervention for males and females, assistance with legal documents, court advocacy, referrals, and educational outreach. Funding was through small grants and charitable donations. With the exception of one filing fee, Domestic Violence in Santa Cruz County: - 49 services were free. During 2005, focus was on male victims. Although the outreach was unique, law enforcement agencies within the county relate that less than ten percent of domestic violence cases involve the male as victim. It is possible that male victims do not report as readily. Nonetheless, this agency may have remained viable if it had collaborated with other existing agencies to offer services under their name, as does BWTF, or if sufficient funding or assistance for start-up agencies existed within the county. Without paid staff, it is difficult to develop the stability (organizational structure, mission and goal statements, strategic plans, and evaluative measures) required for funding by most organizations. Women’s Crisis Support-Defensa de Mujeres Findings 95. The Women’s Crisis Support and Defensa de Mujeres are one organization.
F96:
WCS-DdM has a board of directors, established bylaws, and an Executive Director who has been in the position for nine years.
F97:
WCS-DdM is transparent in its operations. All materials requested by the Grand Jury were promptly submitted and indicated an efficient level of organization and tracking of data.
F98:
The Women’s Crisis Support service center is located in the City of Santa Cruz and offers individual and group counseling to women who have experienced domestic violence or sexual assault.
F99:
The DdM service center is located in Watsonville and offers individual and group counseling to women who have experienced domestic violence or sexual assault.
F100:
WCS-DdM offers a wide variety of programs in English and Spanish that serve women, teens, and families.
F101:
WCS-DdM provides the sixty-hour, state-mandated training for those planning to work or volunteer in the field of domestic violence. Two training sessions are conducted each year. Approximately thirty-six to forty persons were trained in 2005.
F102:
Over 1,700 women received support through WCS-DdM in the past year. Additional services were provided to families and those in parenting and self-defense classes.
F103:
A fifteen-bed emergency shelter exists within the county and is operated by WCS- DdM. The shelter provided bed space to fifty-six women and sixty-eight children in 2005. Total bed nights was 2,972.
F104:
WCS-DdM trains and is the sole source within the county for Victim Advocates who function as part of the Sexual Assault Response Team. There are over fifty trained Victim Advocates with at least three people on call at all times. All employees of WCS-DdM are advocate trained and can function in the role of Victim Advocate.
F105:
Information regarding WCS-DdM is available to the public through brochures, flyers, a quarterly newsletter, and its web site www.wcs-ddm.org.
F106:
WCS-DdM partners with the Commission for Prevention of Violence Against Women (CPVAW) to offer the Safe Place Network among downtown Santa Cruz businesses. - 50 Domestic Violence in Santa Cruz County: 107. The Executive Director of WCS-DdM holds a commissioner seat on the Domestic Violence Commission, has a moderate attendance record, and actively participates in meetings attended. Walnut Avenue Women’s Center Findings 108. The Walnut Avenue Women’s Center (WAWC) is located in the City of Santa Cruz.
F109:
WAWC has an established board of directors, established bylaws, and an Executive Director who has been in the position for thirteen years.
F110:
WAWC is a family resource center that offers programs for children, families, and women with issues related to domestic violence.
F111:
Seventy-five percent of the employees at WAWC are bilingual.
F112:
WAWC operates three childcare centers. There is a waiting list for childcare. One of the childcare programs is for newborns of teen moms, and another is for toddlers of teen moms.
F113:
WAWC provides for the presence of a victim advocate within the Santa Cruz County Court building to facilitate immediate assistance in completing legal forms and to explain other court processes. Judges are aware of the advocates’ presence and are able to make immediate referrals.
F114:
WAWC partners with the Commission for Prevention of Violence Against Women (CPVAW) to address sexual assault issues in the workplace. CPVAW supplies a video, and WAWC sends an advocate to speak and answer questions on the topic.
F115:
The Executive Director of WAWC holds a commissioner seat on the Domestic Violence Commission and has attended and participated sporadically over the past several years. Response: Walnut Avenue Women’s Center DISAGREES. In most cases both the Executive Director and the Director of Domestic Violence Services attend meetings. If the Executive Director is unable to attend, the Director of Domestic Violence Services serves as her proxy.
F116:
Both WCS-DdM and WAWC have a large number of volunteers. Many volunteers were previously victims of abuse. It is reported that they volunteer to express their belief in, and appreciation for, the support they received.
F117:
Funding for WCS-DdM and WAWC comes from federal, state, county, and city sources. Additional monies are received from foundations, grants, and private donors. Each source requires tracking, audits, and possible site visits. Response: Walnut Avenue Women’s Center AGREES. The center receives funding from multiple sources. Government funds provide a substantial amount of secure funding for the agency. Funding sources have Domestic Violence in Santa Cruz County: - 51 expectations that we meet all their guidelines and that we work in partnership to provide quality support and services to women and children. Battered Women’s Task Force Findings 118. The Battered Women’s Task Force (BWTF) has been in existence for over fifteen years and is located within the Walnut Avenue Women’s Center in the City of Santa Cruz.
F119:
The purpose of the BWTF is to provide support to women who have been abused and to facilitate their healing process.
F120:
BWTF has no consistent funding source.
F121:
Survivors in support groups at BWTF, surveyed by the Grand Jury, confirm the importance of being able to attend the group sessions.
F122:
The brochure produced by the BWTF deals thoroughly with the subject of domestic abuse and serves as a resource to participants.
F123:
The BWTF brochure is only available in English.
F124:
The director of the BWTF holds an approved commissioner seat on the DVC and has an excellent record of attendance over the past several years. Survivor Survey Findings 125. Childcare is provided during all support group sessions at WCS-DdM, WAWC, and BWTF.
F126:
Survivors, surveyed by the Grand Jury, express gratitude for the services offered through WCS-DdM, WAWC, and BWTF. Response: Walnut Avenue Women’s Center AGREES. We appreciate the feedback and continue to have confidential ways for women to express their gratitude and concerns. Their input enables us to provide quality services to the community.
F127:
Survivors, surveyed by the Grand Jury, express frustration about negotiating the myriad number of contacts necessary to secure assistance in rebuilding their lives. Some of their frustrations related to perceived indifference shown by female police officers during the initial contact. Response: Walnut Avenue Women’s Center AGREES. There are many obstacles and challenges that survivors face which decrease their ability to keep themselves and their children safe. The Walnut Avenue Women’s Center, WCS-DdM and the BWTF are dedicated to helping women deal with these obstacles, including navigating community support systems. The Walnut Avenue Women’s Center is dedicated to social change and activism, which includes working - 52 Domestic Violence in Santa Cruz County: to change the structure and policies that inhibit women from getting the support they need and deserve. Familia Center Findings 128. Familia Center was established in 1983 and is located in the City of Santa Cruz.
F129:
Familia Center serves low-income families and offers a broad array of programs for children, teens, parents, and adults.
F130:
All staff at Familia Center are bilingual but are not trained in the state-mandated domestic violence curriculum.
F131:
There is no domestic violence screening tool as part of the initial application for services at Familia Center.
F132:
Clients receiving services from Familia Center are predominantly Latino, female, low-income, and monolingual Spanish. The majority of clients is employed.
F133:
Customer service surveys conducted by Familia Center over the past three years consistently indicate a strong level of trust in staff.
F134:
Parenting classes are offered throughout the county by Familia Center and are attended primarily by women. One of the classes is conducted at the WAWC site. Parenting classes include information on domestic violence and alcohol abuse during the last class session. Conclusions 135. Women’s Crisis Support-Defensa de Mujeres is a well established, well organized agency that provides a broad array of domestic violence-related services to the community. The public can readily obtain information about WCS-DdM through their outreach materials.
F158:
The duplicated efforts of WCS-DdM and WAWC in grant and report writing, as well as fundraising, should be assessed. Creative solutions to reduce time and effort expended by the Executive Directors in these activities should be sought. (An example of such efforts might be a shared position for grant writing or fundraising). Response: Walnut Avenue Women’s Center: This recommendation has been implemented. The Walnut Avenue Women’s Center agrees that a great deal of the Executive Director’s time is spent on these activities. WAWC is currently evaluating its infrastructure and making changes so that the Executive Director will spend less time on grant writing and reporting. The Walnut Avenue Women’s Center and WCS-DdM have had the opportunity to collaborate on grants in the past. (an example is a grant that we ashared to provide support and services to the LGBT community.) The Walnut Avenue Women’s Center cannot implement the recommendation that we share a position for grant writer or fundraising with WCS-DdM. We are separate organizations. The Walnut Avenue Women’s Center is a Family Resource Center which provides domestic violence services as well as services for youth, an Even Start program, preschool, food and clothing. WCS-DdM focuses on domestic violence and sexual assault services. Therefore, our scope of work, as well as our approach to providing services, differs. Our duplicated efforts allow women choices about how to best get their needs met.
F160:
The BWTF should seek small grant funding to provide materials in English and Spanish for participants and for public outreach efforts. Domestic Violence in Santa Cruz County: - 55 161. Representatives from WCS-DdM, WAWC, and BWTF, who serve as commissioners on the Domestic Violence Commission, should attend monthly meetings regularly, serve as proactive members, and ensure compliance of the commission with stated bylaws. Response: Walnut Avenue Women’s Center: This recommendation has been implemented. Both the Executive Director and the Director of Domestic Violence Services attend monthly meetings and retreats of the DVC. The Director of Domestic Violence Services is the chair of the DVC subcommittee to provide community education about domestic violence. She also serves on the subcommittee that is responsible for the annual DVC Report to the Community. She attends monthly planning meetings and provides statistics for the report.
F162:
A system should be developed wherein survivors can express their thoughts and frustrations at strategic points in time within the healing process. The input should be collected by group facilitators, forwarded to a representative DVC commissioner, and discussed at DVC meetings. Response: Walnut Avenue Women’s Center: This recommendation has been implemented. Survivors have a voice at The Walnut Avenue Women’s Center. Battered women serve on our board and are involved in programs from design, implementation, evaluation and redesign. Confidential surveys are available to survivors to give feedback to the agency regarding services. We also conduct periodic evaluations of programs. As representatives of the DVC, we bring this information to be discussed at meetings. We agree that it is important to identify challenges and voids in services so that we can best support our community to overcome the many roadblocks to women’s healing.
F164:
Familia Center should collaborate with WCS-DdM for domestic violence training for its employees so they may readily recognize a need for referral. - 56 Domestic Violence in Santa Cruz County: Response: Familia Center: WCS-DdM and WAWC have provided in-service training to our staff members in the past and we will invite them to conduct similar trainings in the future. It is always a pleasure to work with WCS-DdM and WAWC. Presently Familia Center refers female clients to WCS-DdM when the clients indicate they are being victimized by their partners. It should be noted that WCS-DdM and WAWC conduct outreach services at our site 2 to 4 times a year. They do collect between 12-15 names each time they visit and conduct follow-ups.
F165:
As a trusted agency within the community, Familia Center should incorporate a domestic violence screening tool with its intake application for services in order to recognize and refer clients as early as possible to appropriate agencies. Response: Familia Center: Familia Center, presently uses a brief needs assessment tool for clients who present with long term issues. Among the services we provide are drop-in workshops on a variety of issues for our clients. The topics may include, landlord/tenant rights, workers’ rights, diabetes, accessing food stamps, parenting and domestic violence. We have invited WCS-DdM and WAWC to provide informational workshops on the effects of domestic violence on children and a description of their services to our client base. It is usually after a workshop like this that women are made aware of their options and may decide to take action. It has been our experience that this approach has benefited several families, particularly women with children. It is because we are the trusted agency that we proceed cautiously in this area. Over time a woman will begin to feel that she can trust us enough to risk disclosing her situation to a staff member. At that time she is informed of her options and we assist her in her choices. We know that this approach has worked well for us and our families. It is culturally competent and sensitive and is a best practice in accordance to the principles of family support.
F167:
The Grand Jury recommends that WCS-DdM, WAWC, BWTF, and Familia Center meet at least twice each year to share program information, discuss program utilization, address common concerns, discuss potential collaboration projects, and assess duplicated efforts and cost. Response: Walnut Avenue Women’s Center: This recommendation has been implemented. The Walnut Avenue Women’s Center meets with BWTF, Familia Center and WCS-DdM on an individual basis and Domestic Violence in Santa Cruz County: - 57 representatives attend collaborations across programs, as well as with other county agencies, to discuss common concerns and projects. WAWC and WCS-DdM meet quarterly to discuss legal issues in the judicial system and also collaborate on DVC subcommittees. WAWC would be interested in meeting collectively twice a year. We propose that we meet in January and July and will contact the other agencies to arrange this. Response: Familia Center: It would be a pleasure to meet with the above mentioned agencies and collaborate. We look forward to being contacted by any of the agencies cited above. Responses requested but not required Entity Findings Recommendations Respond Within Women’s Crisis 13, 23, 32-33 1, 3, 6-7, 12 90 days Support – (October 1, 2006) Defensa de Mujeres Walnut Avenue 21, 23, 32-33, 2 - 3, 6 - 7, 12 90 days Women’s Center (October 1, 2006) Battered 26 - 30, 33 4 - 7, 12 90 days Women’s Task (October 1, 2006) Force Familia Center 36 - 37, 39 - 40 8 - 10, 12 90 days (October 1, 2006) - 58 Domestic Violence in Santa Cruz County: A Painful Secret: Sexual Assault Response Team Background The recently released Commission for Prevention of Violence Against Women (CPVAW) twenty-year study of sexual assault in the City of Santa Cruz and the eleventh annual report by the Community Assessment Project indicate an increase in the number of sexual assaults and rapes in the county.18 It is unknown what percentage of sexual assault or rape is a component of the broader picture of domestic violence. Specific data linking the two is not reported by any agency. A Sexual Assault Response Team (S.A.R.T.) exists within the county and is composed of a peace officer from the jurisdictional agency, a sexual assault nurse examiner (S.A.N.E.), and a Victim Advocate. The Santa Cruz County Sheriff’s Office monitors the budget and implementation of the S.A.R.T. process. Funding for the program is on a pro rata basis from each of four police departments and the Sheriff’s Office. In addition, Dominican Hospital and the University of California Santa Cruz contribute annually to the S.A.N.E. budget. Three registered nurses, with specific training in sexual assault forensic evidence collection and certification in pediatrics, share S.A.N.E. responsibilities within the county. Designated sexual assault examination rooms are maintained by the S.A.N.E. in the Emergency Departments of Dominican Hospital and Watsonville Hospital. When a sexual assault is reported, a peace officer is dispatched to the scene. Once an evaluation has been made by a responding officer or deputy, a sexual assault examination may be authorized by law enforcement. Initially, the S.A.N.E. is notified by dispatch or a peace officer. Response must be within one hour. The evaluation and decision by law enforcement to proceed with an examination begins the S.A.R.T. process. An advocate for the victim is notified by dispatch or the nurse examiner. Victim Advocates have received specific training to provide support to victims of sexual assault and are on-call through Women’s Crisis Support-Defensa de Mujeres. Evidence is collected only with the consent of the victim, and only if a police report is filed. The law enforcement officer makes the determination if a crime has been committed and may file a report regardless of victim consent. Under these protocols, a victim of sexual assault has the right to refuse the collection of evidence and may do so for a variety of reasons including fear of retaliation from an alleged suspect. A victim also has the right to withhold cooperation in a criminal investigation once evidence has 18 See tables in Appendix B. Domestic Violence in Santa Cruz County: - 59 been collected. If a police report is filed and evidence is collected, reports are forwarded to the District Attorney’s Office for evaluation. As a result, certain time and material costs are incurred, regardless of whether the victim recants, is making a false claim, or wishes to proceed. If a police report is not filed, California State Law still requires a mandatory report (Mandatory Report of Injury – Penal Code § 11160). In contrast to Santa Cruz County protocol, San Francisco County protocol allows victims of sexual assault to determine if they want police involvement prior to examination at the hospital, after examination, or not at all. This allows the control and decision-making to remain with the victim rather than with an outside agent. If police involvement is not desired, evidence is collected, the examination is performed, and a report is telephoned or mailed to the San Francisco Police Department, Domestic Violence Unit in compliance with California State Law, Mandatory Report of Injury. Mandatory reporting does not generate an official police report and does not result in police action unless the victim makes a direct request to a police department. Although mandatory reporting by a health care worker does not require consent of the victim, it is customary for the health care worker to inform the victim of mandatory reporting requirements. Completed mandatory reports are maintained in a confidential file at the hospital or the police department. In Santa Cruz County, responsibilities of the S.A.N.E. include: collecting and preserving evidence, maintaining extensive records on specific state-approved forms, and providing testimony in court, if needed. The type of evidence collected is broad in scope and may be collected from the victim and/or the suspect. The average length of time for a S.A.N.E. process is three to four hours. The average length of time for a victim advocate to be present is eight to ten hours. In addition, S.A.R.T members participate in bi-monthly and quarterly meetings to review and critique recent incidents. Crime lab updates, regulation changes, and current policies and procedures are also discussed. Representatives of other community agencies related to sexual assault (law enforcement, health services, Child Protective Services, Family and Children’s Services, Women’s Crisis Support-Defensa de Mujeres, the District Attorney’s Office) are invited to attend the bi-monthly meetings. In 2004, Victim Advocates responded to sixty-four S.A.R.T. requests. In 2005, Victim Advocates responded to sixty-five requests. The monthly average of calls for Victim Advocate participation is 5.4. Reported sexual assaults for 2004 were ninety-eight; for 2005, ninety. In each of the years 2004 and 2005, the S.A.N.E performed seventy-eight sexual assault examinations each year (2004 and 2005). Crime statistics and domestic violence data are posted monthly to the Sheriff’s Department web site, however, the number and location of sexual assaults are not specifically identified. The web site includes a section of frequently asked questions related to sexual assault and domestic violence. The Santa Cruz County Sheriff’s Office has reviewed and revised specific documents related to sexual assault. These include: Santa Cruz County Sheriff-Coroner Sexual Assault Investigations, S.A.N.E. budget for 2005-2006 and 2006-2007, and Santa Cruz County Sheriff-Coroner Sex Offenders/Notifications and Disclosures. - 60 Domestic Violence in Santa Cruz County: Findings 168. The current process of the S.A.R.T. response is under the auspices of the Santa Cruz County Sheriff’s Office.
F169:
No agency in the county tracks data to determine the number of sexual assaults related to domestic violence. Response: Domestic Violence Commission: The DVC does not have enough information to agree or disagree with this finding. Tracking such information is not our mandate. The Domestic Violence Commission has only collected data on domestic violence. The Santa Cruz County Community Assessment annual Project tracks crime rates, including rapes and family violence. It is not known whether that Project separately tracks sexual assault. Response: Santa Cruz County Sheriff’s Office AGREES. The Santa Cruz Sheriff’s Office does not track sexual assault statistics which also have a domestic violence component. These types of cases are estimated to represent a minimal percentage of sexual assault investigations. Response: The Santa Cruz County Board of Supervisors: The County can neither agree or disagree with this finding, but is not aware of any agency that tracks data on the number of sexual assaults related to domestic violence.
F170:
Multiple expenses are incurred by the county when filing a sexual assault police report, regardless of whether the victim cooperates or recants. Response: Santa Cruz County Sheriff’s Office PARTIALLY DISAGREES. Deputies complete an initial report and no further action is taken. Documenting sexual assault is essential to memorialize the incident. Victims may later request a criminal investigation and suspect(s) may re-offend. If a victim does not want to provide a statement, the deputy will obtain information solely from the mandatory reporter.
F171:
The S.A.R.T. model utilized in Santa Cruz County is law enforcement driven. Response: Santa Cruz County Sheriff’s Office DISAGREES. The Sheriff’s Office oversees the Sexual Assault Nurse Examiner Program and the Supervisor of the Sexual Assault Unit is the chair for the S.A.R.T. meetings. However, the concept of S.A.R.T. is a multi-disciplinary team approach. Each professional works closely with another to ensure victims are provided with professional care. Domestic Violence in Santa Cruz County: - 61 Decisions on how a criminal case proceeds rely on the victim’s wishes.
F172:
The sexual assault response model utilized in San Francisco County is victim driven. Response: Santa Cruz County Sheriff’s Office PARTIALLY DISAGREES. San Francisco County is not following the recommended State guidelines of OES in which only law enforcement can authorize a forensic medical exam. It is imperative law enforcement evaluates all cases to ensure criteria are met for forensic exams. San Francisco is relying on medical professionals to investigate potential crimes and the vast majority of California law enforcement agencies do not follow the San Francisco model.
F173:
The Sexual Assault Investigations Unit of the Santa Cruz County Sheriff’s Office works cooperatively with other related community organizations. Response: Santa Cruz County Sheriff’s Office AGREES. The Sheriff’s Office website does post annual sexual assault statistics but does not include a breakdown by city or provide the number of S.A.N.E. callouts.
F174:
In Santa Cruz County, the number of sexual assaults, with a breakdown by city and the number of call-outs to a S.A.N.E. and Victim Advocate, are not readily available to the public. Response: Santa Cruz County Sheriff’s Office AGREES. The Sheriff’s Office website does post annual sexual assault statistics but does not include a breakdown by city or provide the number of S.A.N.E. callouts.
F175:
The Sheriff’s Office has reviewed and revised documents related to sexual assault in a timely manner. Conclusions 176. Tracking sexual assault and domestic violence incidents should be an on-going process of the county advisory body, the Domestic Violence Commission.
F181:
The Santa Cruz County Sheriff’s Office should consider a trial program to analyze costs and effectiveness of a victim-driven sexual assault response model. Response: Santa Cruz County Sheriff’s Office DISAGREES. This recommendation will not be implemented because it is not warranted or is unreasonable. The model referenced by San Francisco County does not follow OES State guidelines in which law enforcement authorization is required for a forensic exam. Conducting a forensic exam on a non-cooperative victim is not appropriate and more costly as it would increase the number of exams conducted per year. In Domestic Violence in Santa Cruz County: - 63 addition, this concept is contrary to the purpose of S.A.N.E. (Sexual Assault Nurse Examiners are to be utilized only for cases in a criminal investigation.) 182. The Santa Cruz County Sheriff’s Office should include the city locations of sexual assault incidents in the monthly updates to its web site. Response: Santa Cruz County Sheriff’s Office DISAGREES. This recommendation will not be implemented because it is not warranted or is unreasonable. Annual sexual assault statistics are available to the public on the Sheriff’s Office website. This statistical information is believed to be sufficient. Sexual assaults can often involve transitory elements, involve multiple locations, and/or not have occurred within the year reported. In addition, the majority of sexual assaults do not involve strangers.
F184:
The DVC should collect and analyze monthly sexual assault statistics. Response: Domestic Violence Commission: The DVC will not be implementing this recommendation. At this time, sexual assault is not one of the five county mandated responsibilities of the DVC. Response: The Santa Cruz County Board of Supervisors: This recommendation requires additional analysis. As mentioned above, sexual assault is not one of the five county mandated responsibilities of the DVC. The County defers to the commission to evaluate whether it would be assist the commission in meeting its responsibilities to expand the commission’s activities as recommended. Responses Required Entity Findings Recommendations Respond Within Santa Cruz 2 1, 5 90 Days County Domestic (October 1, 2006) Violence - 64 Domestic Violence in Santa Cruz County: Commission Santa Cruz 2, 3, 4, 5, 7 1 2, 3, 4 60 Days (September 1, 2006) County Sheriff- Coroner Domestic Violence in Santa Cruz County: - 65 This page intentionally left blank. - 66 Domestic Violence in Santa Cruz County: Power and Control: Breaking a Cycle Batterers’ Intervention Programs Background Batterers’ Intervention Programs are an important part of a comprehensive community effort to eliminate domestic violence. Batterers’ programs in Santa Cruz County fit a variety of models but have similar goals. This section will cover five programs. Four are state-certified, and one program is predominately a peer support group. In addition to these five programs, a ten-week program on anger management is offered at the Rountree Minimum Security Facility. This program is a peer support group and is not a state-certified Batterers’ Intervention Program. The Pajaro Valley Unified School District conducts this well-attended program that has been existence for ten years. Minimum standards for Batterers’ Intervention Programs were established by California Penal Code § 1203.097(c)(2) that states the court “shall refer persons for diversion only to batterers’ programs that have been approved by the probation department.”19 State- certified programs are fifty-two weeks in length, have a mandated curriculum, and require attendance tracking. Topics include, but are not limited to: accepting responsibility, emotional abuse, responsible parenting, anger control, conflict resolution, and cycle of violence. Adults Learning to Take Opportunity (ALTO), a state-certified program, has been in existence for thirty years. ALTO means stop in Spanish. ALTO’s stated purpose is to assist in long-term recovery from behaviors of drug and/or alcohol abuse and to confront violent behavior. It focuses on education rather than therapy and introduces batterers to community support groups. ALTO participants explore their belief systems and decision- making processes as a way of learning to avoid violent behavior. Services include: adult outpatient mental services, youth services, and outpatient recovery (mainly from drugs). All participants in the domestic violence program must accept responsibility for their actions and sign a contract stating such. ALTO serves approximately 1,700 people per year. Clients must be eighteen years or older. The waiting period to enroll in the program is three to five days. Some participants are referred by a drug court, Family Sobriety Court, or are on a deferred judgment. ALTO shares clients with JANUS and refers the clients to an appropriate twelve-step program. Domestic violence clients are in a fifty-two week program and pay on a sliding scale. Due to an increase in the number of local Batterers’ Intervention Programs, the percentage of domestic violence enrollment in overall ALTO programs has dropped in recent years from ninety-five to seventy percent per year. Approximately eighteen percent of participants do not complete the program. California Alliance Against Domestic Violence, Model Guidelines for Batterers’ Programs, Modesto, California, May 1994. Domestic Violence in Santa Cruz County: - 67 ALTO receives funding from the county through the Health Services Agency (HSA), CALWorks, and Proposition 36 monies, as well as from private sources such as the Human Race fundraiser. It also receives funding from private fees charged on a sliding scale. Participants with drunk driving convictions must pay their own fees. Fenix, Inc. began in the early 1980s and went out of business in 2003. At that time, the Santa Cruz Counseling Center (SCCC) took over the service that was renamed Fenix Outpatient Services (Fenix). According to a Fenix administrator, the transition from Fenix, Inc. to SCCC was seamless. Hermanas Recovery Program, a residential drug and alcohol program, is also under the auspices of SCCC and shares a director with Fenix Outpatient Services. Fenix conducts drug and alcohol outpatient counseling and offers a domestic violence program. The Fenix domestic violence program is a state-certified, fifty-two week Batterers’ Intervention Program. It receives referrals from the court. As of May 2006, the program had no waiting list and four openings. The Fenix domestic violence program has four groups conducted in Spanish. Each group can accommodate twelve participants. The group facilitator has over twenty years of experience in domestic violence counseling. The Fenix domestic violence program costs $1,350 per year, but the fee can be paid in installments. Fenix sends monthly attendance reports to the Probation Department. In addition, batterers make regular court appearances to report on their progress. Fenix tries to work with participants who cannot continue to pay their fees instead of immediately terminating them from the program. Fenix receives funding from Santa Cruz County through both HSA and HRA. Hermanas receives funding from San Benito County Substance Abuse and Child Protective Services and Monterey County Health and Human Services as well as from Santa Cruz County. Men’s Overcoming Abusive Behavior (MOAB), established in 1994, is a men’s peer support group for anger management. The program began with five volunteer members and has had several name changes in its history. The program is not certified as a fifty- two week Batterers’ Intervention Program for men on parole or probation. However, MOAB will confirm a participant’s attendance to his Probation Officer. Some meeting facilitators also have experienced, and been helped by, anger management support. The drop-in program has no specific curriculum and meets twice a week at a local church. MOAB receives some court referrals, but most participants attend as a result of word-of- mouth referrals. MOAB meeting participants must maintain their sobriety and not participate in violence. Meetings are usually attended by twenty to thirty-five participants, and there is no waiting list. Pacific Treatment Associates (PTA), a state-certified program, began as a treatment program for sex offenders in 1988. In 1991, the PTA domestic violence intervention program was added. PTA works with perpetrators, and emphasizes preventing re-offense through “learning to understand, predict and control abusive behavior.”20 Program components include education, individual sessions, and enrollment in a twelve-step 20 Pacific Treatment Associates, “Introduction to Domestic Violence Prevention Program,” no date. - 68 Domestic Violence in Santa Cruz County: program. Participants must stay clean and sober and demonstrate a change in their thinking about domestic violence. The PTA domestic violence group has five staff members. Most of them have Master’s degrees, and all of them have forty hours of core-basic domestic violence training. In addition, they take sixteen continuing education units per year.21 PTA receives referrals from the courts and the Probation Department. Generally, the public is unaware of this agency. It has provided some educational outreach to schools, the CASA organization, and churches to publicize the issues of domestic violence and sexual assault. Few participants are self-referred; most are referred by other agencies. PTA coordinates with other agencies: Family and Children’s Services, federal probation, parole, public defenders, the District Attorney’s Office, and other counties such as Santa Clara, San Benito, and Monterey. PTA is satisfied with the coordination and cooperation among these agencies. The PTA domestic violence program has served 805 clients since inception and is currently serving forty-two. Approximately twenty percent of its clients have been terminated from the program before completion due to absenteeism, not paying fees, violating probation, or transferring out of county. Attendance for the domestic violence program is set by legislation and is provided to the Probation Department on a monthly basis. If participants have three unexcused absences a year, PTA informs the Probation Department. PTA is a for-profit organization and does not receive or apply for grants. All funding comes from client fees, and nonpayment is a cause for termination from the program. Domestic violence participants pay $25-35 per week for a two-hour group session. Because domestic violence and sexual assault may be linked, with both characterized by aggressive behavior, a program for sexual offenders is also offered by PTA. Simply Your Best (SYB), a state-certified program, is a private educational service that began in 2001. The program is only for adults and offers a range of classes such as Domestic Violence Intervention, Parenting, Anger Management, Skill Building, Personal Development, Healthy Teens, and a course on aggressive driving prevention. At its inception, SYB was the only domestic violence intervention program in Santa Cruz County that met and exceeded the standards for such programs as established by California law. The SYB Domestic Violence Intervention Program is certified and reviewed by the Probation Department. SYB is a service-on-demand organization instituting new classes as necessary. SYB’s focus is educational rather than counseling. Assigned homework from facilitators includes reading assignments. Currently, SYB has fifty-five to sixty clients. More men than women attend the program. There is a separate class for women offenders. The majority of participants is not court ordered. Survivors are notified by mail that their partners are attending the program, and 21 California Penal Code § 1203.098. Domestic Violence in Santa Cruz County: - 69 survivors are invited to attend or receive information. However, few survivors attend classes with their partners. SYB referrals are from County Mental Health, Family and Children’s Services, University of California Santa Cruz, the Santa Cruz County Probation Department, and Criminal, Civil, Family Court, Family Court Services, and area businesses. In addition, SYB has printed materials and a web site. Classes vary in length. Materials and curriculum are predominately in English. The anger management and parenting curriculum are also in Spanish. If demand warranted, SYB would translate materials into Spanish. Funding is private, and SYB is self-sustaining. SYB programs are offered on a sliding scale of $20-50. The initial enrollment fee is $50. Class fees depend on the length of the class. If a client owes a balance of more than $100, he or she is barred from the next class. Batterers’ Intervention Program Findings 185. Exact statistics on the numbers of Spanish-speaking batterers in Santa Cruz County are not known.
F186:
According to Batterers’ Intervention Program administrators, the needs of the gay/lesbian/transgender community are not being specifically addressed in any of these five programs. A representative from WCS-DdM reported an increase in the number of lesbians seeking services for domestic violence. Response: The Probation Department DISAGREES. There are currently four domestic violence treatment programs: Alto, Fenix, PTA and Simply Your Best. Simply Your Best provides for the needs of our gay and lesbian community. The program has staff who identify themselves as gay and or lesbian, and the course material provided is specific to these needs. Response: ALTO Counseling Center AGREES. Some participants in ALTO’s program are openly gay, and counselors address those issues if and when they arise during the course of the program. However, ALTO does not “specifically” assess needs of these participants based on their sexual orientation.
F187:
Resources exist for men on probation for domestic violence, but currently, there is no state-certified program in local detention facilities. Response: The Santa Cruz County Board of Supervisors and the Probation Dept. DISAGREE. - 70 Domestic Violence in Santa Cruz County: The Santa Cruz County Probation Department has one program (Alto) which is certified and providing groups in the medium security jail. That program began in June of 2006. Response: Santa Cruz County Sheriff’s Office DISAGREES. As of F/Y 2006, the Rountree Facility offers a 52-week accredited domestic violence program for sentenced inmates. Response: ALTO Counseling Center PARTIALLY DISAGREES. At the time of the Jury’s inquiry there were no scheduled activities in detention facilities. PVPSA was facilitating meetings at the ROUNDTREE detention facility but meetings had been suspended. Since the time of the Grand Jury’s inquiry, ALTO has contracted with the Santa Cruz County Sheriffs Office to conduct Domestic Violence classes for men at the ROUNTREE facility. This began July 3, 2006 and two classes are now ongoing. The course curriculum is for 12 weeks. Men will receive credit for classes attended during their incarceration when they enroll in a certified DV program after release from custody.
F188:
Illiteracy is sometimes a problem for participants in Batterers’ Intervention Programs. These programs require written homework assignments. None of the Batterers’ Intervention Programs has tutors or other academic support to help clients with dyslexia or other learning disabilities. Response: The Probation Department PARTIALLY AGREES. Only two of the four programs require written assignments, and they are flexible with this request. For example, they will allow for AA/NA meeting attendance instead of written drug and alcohol assignments. Response: ALTO Counseling Center PARTIALLY DISAGREES. Although it is true ALTO does not provide tutors or academic support for clients, it must be acknowledged that ALTO does not require written homework as a requisite. Each participant’s ability to interact and benefit from the program is assessed at intake, i.e. the initial interview. Competency with academic skills is not necessary for successful completion of the program. Written or homework assignments are few, and assignments for any participant with a learning impairment are readily adapted to that person’s specific abilities.
F189:
According to Batterers’ Intervention Program administrators, alcohol and drug use are major problems related to domestic violence. Reportedly, eighty percent of men participating in Batterers’ Intervention Programs were abusing substances when the domestic violence incident happened. Domestic Violence in Santa Cruz County: - 71 Response: The Santa Cruz County District Attorney’s Office PARTIALLY AGREES. Alcohol and drug use is often a major component in domestic violence cases. The District Attorney's Office, however, does not have any information to substantiate the specific claims made by the participants of the Batterers' Intervention Programs.
F190:
According to a Batterers’ Intervention Program administrator, domestic violence intervention programs in the county compete for the same client population and do not systematically network. Response: ALTO Counseling Center PARTIALLY AGREES. Providers compete for the same clients, however there is some systematic networking. Santa Cruz is a small county and the population of batterer’s needing intervention is small as well. The Probation Department’s policy is to not limit the number of agencies or individuals who wish to become a domestic violence provider. Their stance is to let “market forces” work it out. However, when too many providers are serving a small population it becomes extremely challenging for each provider’s program to be fiscally and clinically sound. For example, serving a too small client population while also offering a sliding fee scale to zero makes it difficult to generate enough revenues to retain fulltime staff or to pay adequate wages to attract qualified clinicians. Such “economy of scale” dynamics compel agencies to cherish each referral to their program. That being said, I believe providers do strive to nurture relations between themselves informally, and in general have a good working knowledge of each other’s programs. Probation also schedules periodic provider meetings, and this enhances networking.
F191:
The fifty-two week Batterers’ Intervention Program must be completed before probation can be terminated. The program is considered a term of probation. Response: The Santa Cruz County Board of Supervisors and the Probation Department AGREE. In accordance with 1203.097 of the California Penal Code, the 52 week Domestic Violence Intervention Program must be completed before probation can be successfully terminated or allowed to expire. In some cases the Court may deem someone unsuitable for the program, and allow for some type of alternative such as individual counseling. Response: Santa Cruz County Sheriff’s Office AGREES. If the inmate is released prior to completing the 52-week program, the inmate can continue the program out of custody to complete the probation requirement. - 72 Domestic Violence in Santa Cruz County: ALTO Findings 192. ALTO has materials in both Spanish and English.
F193:
ALTO has approximately twenty-three employees including seven full-time and seven part-time certified drug and alcohol state-licensed staff. These staff members must take forty hours of continuing education units (CEUs) every two years to maintain their licenses. ALTO also uses interns.
F194:
ALTO’s success rate is about fifty percent for domestic violence program graduates. An ALTO administrator determines the success rate by manually tracking cases through the District Attorney’s Office and compiling statistics. The District Attorney’s Office does not provide statistics to ALTO. Determining the success rate of a program is used to adjust curriculum and teaching methods. Response: The Santa Cruz County Board of Supervisors: The County defers to the District Attorney to assess the accuracy of this finding. Response: The Santa Cruz County District Attorney’s Office PARTIALLY DISAGREES. The District Attorney's Office cannot verify ALTO's success rate for domestic violence program graduates. The District Attorney's Office does not provide statistics to ALTO, as our criminal case records are not public records. However, accurate information on Santa Cruz County criminal case dispositions is available to the public through the Santa Cruz County Superior Court Clerk's Office. The District Attorney's Office will assist ALTO on how to access this information in support of their efforts to determine their success rate. Fenix Findings 195. Fenix has over twenty years of experience in outpatient counseling. The domestic violence group facilitator has over twenty years of experience.
F196:
The state-certified Fenix domestic violence program serves the Spanish-speaking community. The program is fifty-two weeks in length, and there are consequences for absences and non-payment of fees.
F197:
The Fenix domestic violence program is self-supporting. MOAB Findings 198. MOAB has literature on anger management in both Spanish and English.
F199:
At present, MOAB does not receive public funding. Participants are requested to make a donation at each meeting. A portion of donations is given to the church in which they meet. In the past, MOAB received a grant from CPVAW to place an ad in Good Times. Domestic Violence in Santa Cruz County: - 73 200. MOAB is not a state-certified program and does not formally coordinate with other agencies that deal with domestic violence. Pacific Treatment Associates Findings 201. The state-certified PTA domestic violence program has been in existence since 1991. Most of the domestic violence staff have Master’s degrees and appropriate training. PTA is a for-profit organization and does not receive or apply for grants. Its focus is educational. Court-referred participants experience consequences for not following the program guidelines.
F202:
Once a client’s probation is completed, PTA does no formal follow up. There is no established avenue for PTA to receive status reports from the District Attorney’s Office. PTA informally asks participants for information on their progress but cannot always verify facts. Response: The Santa Cruz County District Attorney’s Office neither AGREES nor DISAGREES. The District Attorney's Office has no information as to how PTA conducts their follow up procedures. There is presently no established avenue for PTA to receive status reports as the District Attorney's Office investigative records and offenders' criminal histories are not public records. In addition, both offenders and victims have certain rights of privacy. Thus, information from our case files is not generally available to administrators of programs or any other member of the public. However, information about case dispositions and other court actions can be obtained from the Superior Court. Thus, the same information that we obtain from the courts is directly accessible to others, including PTA. The District Attorney's Office can assist PTA on how to access this information. Response: The Santa Cruz County Board of Supervisors: The County defers to the District Attorney to assess the accuracy of this finding. Simply Your Best Findings 203. SYB staff are trained and certified human development professionals and anger management consultants. Five of the staff have backgrounds in education. Independent contractors have Master’s degrees in education. Three of the facilitators are bilingual. The director’s background is in education and counseling.
F204:
Court referrals to SYB pay on a sliding scale, and progress reports are sent to the referring agency. Clients may be concurrently attending Alcoholics Anonymous or Narcotics Anonymous and must obtain a signature for attendance. An unexcused absence can be cause for removal from the program. In the fifty-two-week program, participants can have five excused absences and are terminated if a sixth occurs. - 74 Domestic Violence in Santa Cruz County: Clients must pay a class fee for absences. Not completing a homework assignment is considered an absence.
F205:
SYB is developing a relapse prevention program. A program representative stated that follow-up is important to find out if skills learned by participants are actually being used with positive results. Conclusions 206. Valuable volunteer and paid staff time is taken up by tracking cases when those statistics could be provided by the District Attorney’s Office. Knowing case dispositions assists state-certified Batterers’ Intervention Programs evaluating and improving the success of their programs.
F218:
The domestic violence intervention community should coordinate efforts to ensure that all segments of society are served and that services are not duplicated. Response: The Probation Department: This recommendation will be implemented for those portions of the domestic violence community under the jurisdiction of the County. Response: ALTO Counseling Center AGREES. To support this recommendation, ALTO will continue to participate in all provider meetings coordinated by Probation. We also will continue to submit monthly statistics - 76 Domestic Violence in Santa Cruz County: to the Santa Cruz Domestic Violence commission reporting the number of enrollments, completions, and successful vs. unsuccessful discharges. ALTO also has established close working relations with Pacific Treatment in which we share curriculum resources and staff facilitators. We also have close relations with Fenix, the south county provider, as we are part of the same agency and utilize the same administrative and clinical resources. ALTO serves both English and Spanish clients in Santa Cruz, and our sister component, Fenix, provides services to these populations is Watsonville. We will review our intake documentation to ensure that special needs are identified and resources are presented to the participant at time of entry. We will also continue to ensure program content is sensitive to special needs groups, and are open to providing specific focused groups as the client economy of scale may allow.
F219:
The County of Santa Cruz and Batterers’ Intervention Programs should work to ensure adequate services to Spanish-speaking batterers. Response: The Probation Department: This recommendation will be implemented. Two of the four existing programs currently provide services to Spanish speaking clients, and a third program is in the process of beginning groups in Spanish. The Probation Department will monitor and encourage adequate services to Spanish speaking clients. Response: ALTO Counseling Center AGREES. We support the recommendation that providers must continue efforts to ensure this population is served. It appears that current services to Spanish-speaking batterers seem to be adequate in male populations, at least in the Santa Cruz area. For example, the number of Spanish speaking groups ALTO provides is based upon the number of clients requesting enrollment, and currently ALTO operates only two groups per week. There have never been enough Spanish speaking referrals for ALTO’s Santa Cruz program to add more groups. We do not know if this is due to Probation or the Court’s lack of prosecuting or referring clients, or if there just are not that many Spanish cases in Santa Cruz. However, we are open to increasing services in the future, and have two certified Spanish speaking Domestic Violence facilitators on staff to accommodate clients as referrals may dictate.
F220:
The Santa Cruz County Sheriff’s Office and Batterers’ Intervention Programs should work to ensure improved services for incarcerated batterers. Response: Santa Cruz County Sheriff’s Office AGREES. This recommendation has been implemented. Domestic Violence in Santa Cruz County: - 77 Response: ALTO Counseling Center AGREES. At this time ALTO has contracted with the Santa Cruz County Sheriff’s Department to provide two groups per week for incarcerated batterers at the men’s ROUNDTREE detention facility. Groups started on 7/5/06, and the contract commitments ALTO for the fiscal year 05-06. We agree that this intervention is important to continue, and we will remain available to continue this service into the future.
F221:
Batterers’ Intervention Programs should consider providing academic support for participants with learning disabilities. Response: The Santa Cruz County Board of Supervisors and the Probation Dept.: Batterer’s Intervention Programs are not under the County’s jurisdiction. However, the Probation Department will convey this need/concern to the four certified treatment programs. Response: ALTO Counseling Center DISAGREES. It is agreed that academic support for participants with learning disabilities would be beneficial. However, our experience has shown that there have been very few participants if any in our program whose academic abilities impaired them from benefiting as fully as other participants. This is due in part because the program curriculum is designed to not have academic demands. ALTO has a comprehensive program curriculum that meets State and Probation requirements and that does not place academic stress on any participant. In support of this recommendation, ALTO will continue to tailor its program content and process to meet all participants’ academic levels. It needs to be noted there are no funding resources available such services. Domestic Violence programs are client-fee driven only: i.e. funds to provide service come only from client fees. It is extremely difficult to manage program revenues in the face of dropout levels and small program populations. Enrollments are already so low that it is difficult to meet budget expectations. This is due partly to Santa Cruz being a small county and in part due to the number of providers offering services to the same population. Often the program budget barely breaks even with administrative and clinical costs, but often revenues collected do not meet actual expenses. It is unrealistic to expect providers to provide specialized services without funding other than client fees.
F222:
Batterers’ Intervention Programs should explore the need for programs for gay, transgender, or lesbian batterers. Response: The Probation Department: - 78 Domestic Violence in Santa Cruz County: Batterer’s Intervention Programs are not under the County’s jurisdiction. However, it is noted that Simply Your Best currently provides for this need. The County will convey this need/concern to the three other batterers’ programs. Response: ALTO Counseling Center AGREES. ALTO continues to ensure program content and process is sensitive to special needs groups, and we are open to providing specific focused groups as client economy of scale may allow. As noted in Recommendation 2 ALTO is reviewing its intake documentation to better identify needs and resources for LGBT individuals. ALTO staff also completes 7 hours of Cultural Competency training annually including LGBT issues and needs.
F223:
Advisory bodies and domestic violence providers should put continuing emphasis on drug and alcohol issues. Response: ALTO Counseling Center AGREES. ALTO has over 28 years of experience providing drug and alcohol treatment in Santa Cruz County. Drug abuse education is in integral part of our Domestic Violence curriculum. We have a specific focus on denial dynamics, and our facilitators are certified drug and alcohol counselors in addition to being domestic violence certified. Additionally, we have the ability to “fast track” individuals who need assistance into our affordable recovery outpatient counseling program. This allows for continuum of treatment and comprehensive care.
F224:
Advisory bodies and domestic violence intervention providers should share program information, experience, and referrals in a systematic manner. Response: ALTO Counseling Center AGREES. ALTO participates in all provider meetings coordinated by Probation. We also continue to submit monthly statistics to the Santa Cruz Domestic Violence commission regards number of enrollments, completions, and successful vs. unsuccessful discharges. We share training resources, curricular content, video materials and file maintenance protocols with Fenix, and are open to participating in developing ways that this may be done between all providers.
F225:
ALTO is to be commended for its work in assisting participants through their recovery from drugs, alcohol, and violent behavior.
F226:
Fenix is to be commended for its dedication and service to the Spanish-speaking community. Domestic Violence in Santa Cruz County: - 79 227. MOAB facilitators are to be commended for their long-standing dedication in volunteering to support batterers in eliminating their violent behaviors through peer support and suggested behavorial changes.
F228:
MOAB should consider outreach to and coordination with other domestic violence intervention providers. Graduates of other programs could be referred to MOAB as a source of continuing support.
F229:
PTA should be commended for hiring qualified and credentialed staff.
F230:
PTA should be commended for providing a valuable resource to assist the community in ending domestic violence.
F231:
SYB should be commended for hiring qualified and credentialed staff.
F232:
SYB should be commended for its continuing dedication to improving its curriculum to try to address all components that lead to domestic violence and for providing a valuable resource to the community. - 80 Domestic Violence in Santa Cruz County: Responses required Entities Findings Recommendations Respond Within Santa Cruz County 3, 7, 10, 18 1 60 Days Board of (September 1, 2006) Supervisors Santa Cruz County 2, 3, 4, 7 2, 3, 5, 6 90 Days Probation (October 1, 2006) Department Santa Cruz County 3, 7 4 60 Days Sheriff-Coroner (September 1, 2006) Santa Cruz County 5, 10, 18 1 60 Days District Attorney (September 1, 2006) Responses requested but not required Entities Findings Recommendations Respond Within ALTO 2 - 4, 6 2 - 8 90 Days (October 1, 2006) Fenix 2 - 4, 6 2 - 8 90 Days (October 1, 2006) MOAB 2 - 4, 6 2 - 8 90 Days (October 1, 2006) Pacific Treatment 2 - 4, 6 2 - 8 90 Days Associates (October 1, 2006) Simply Your Best 2 - 4, 6 2 - 8 90 Days (October 1, 2006) Domestic Violence in Santa Cruz County: - 81 This page intentionally left blank. - 82 Domestic Violence in Santa Cruz County: To Serve and Protect: What’s Law Got To Do With It? The Legal System Law Enforcement Protocol California Penal Code22 defines a domestic violence offender as follows: Any person who willfully inflicts upon a person who is his or her spouse, former spouse, cohabitant, former cohabitant, or the mother or father of his or her child, corporal injury resulting in a traumatic condition, is guilty of a felony, and upon conviction thereof shall be punished by imprisonment in the state prison for two, three, or four years, or in a county jail for not more than one year, or by a fine of up to six thousand dollars ($6,000) or by both that fine and imprisonment. Interviews were conducted with five local law enforcement agencies regarding their protocol in responding to domestic violence calls. The five agencies interviewed were the City of Santa Cruz Police Department, the Santa Cruz County Sheriff’s Office, Scotts Valley Police Department, Capitola Police Department, and the Watsonville Police Department. Additionally, interviews were conducted with representatives from the Santa Cruz County District Attorney’s Office, the Family Law Facilitator, and the Santa Cruz County Probation Department. Law enforcement agency representatives stated that they follow the countywide Domestic Violence Protocol for Law Enforcement, Santa Cruz Law Enforcement Chief’s Association, last updated in May 2002. Listed below are procedures that all interviewed law enforcement agencies are to follow when responding to a domestic violence call. When responding to a domestic violence call, the dispatcher verifies whether a restraining order has been issued by contacting the California Law Enforcement Telecommunication System (CLETS). All restraining orders issued are entered into CLETS. Prior to arriving at the scene of a domestic violence call, the responding officer receives all pertinent information about the reported incident from the dispatcher. The dispatcher is responsible for obtaining as much information from the caller as possible to assist the officer. The officer is fully informed about: the address of the incident; the reporting party; summary of the event; the need for an ambulance; presence of a suspect; if weapons are involved or present in the home; if there is a suspicion of drugs or alcohol; the presence of children at the scene; if a restraining order is on file; and the criminal status of the suspect. Jurisdiction is determined by location of incident. California Penal Code § 273.5, subdivision (a), Felony to Inflict Corporal Injury on Current or Former Spouse or Cohabitant; Conditions of Probation. Domestic Violence in Santa Cruz County: - 83 Once an officer has arrived at the scene, he or she determines: the location of the victim, suspect, and any witnesses; if weapons are in the home or involved in the incident; if there are any injuries so aid may be provided; and the need to separate victim, witnesses, and suspect. An audio tape recording is used to memorialize the interviews. When conducting interviews with the victim and perpetrator, officers observe the following: victim’s and suspect’s conditions and demeanors, including victim’s emotional state, torn clothing, condition of make-up, and any injuries. If it is difficult for the officer to determine which party is the victim, the officer must establish: which party is in actual fear of the other; whether one party escalated the level of violence, i.e., did one party retaliate to a provocation; who made the 911 call; a comparison of victim’s and perpetrator’s physical appearances; any history of violence by one of the parties against the other, if one party is usually the aggressor; and, if there are injuries, do they appear to be defense wounds. The officer should obtain a photograph of the suspected perpetrator and have the victim identify that person as being the person who committed the acts described. By having the victim positively identify the person, the case can proceed without the victim if that becomes necessary. The officer obtains a copy of the restraining order, if any, and verifies proof of service. If there is no restraining order on file, the victim is advised how to obtain one. The officer also has the authority to issue an Emergency Protective Order (EPO) for the victim if requested. The EPO will provide the victim protection for five days, sufficient time to obtain a Temporary Restraining Order (TRO). If there is a restraining order on file that has not been served, the officer informs the restrained person of the order and its terms. There are two avenues to verify the existence of the order; the protected person produces a copy of the order, or the officer verifies the existence of the order by contacting the dispatcher. The restrained person can be served with the restraining order by the investigating officer. In that case, the officer completes a proof of service and files it with the Superior Court. The victim is advised of the following: he or she has a right to request confidentiality pursuant to Penal Code § 293 and Government Code § 6524(f); and prosecution of the suspect is the decision of the District Attorney’s Office. The victim should never be asked if he or she wishes to “press” or “drop” charges or if he or she will cooperate in the prosecution of the offender. The officers supply victims with an Emergency Resource Card. The Emergency Resource Card is in both English and Spanish and lists contact information for: - 84 Domestic Violence in Santa Cruz County: all advocacy groups; Victim Witness Assistance; health care providers; Child Protective Services; Adult Protective Services; Santa Cruz City Commission for the Prevention of Violence Against Women; and definitions of sexual assault and domestic violence. Additionally, victims of domestic violence can contact Victim Information and Notification Everyday (VINE) to obtain offender information. This service is a free, twenty-four telephone service that allows the victim to check on the custody status of an offender in the Santa Cruz County Jail. The victim can register for automatic notification when an inmate is released, transferred, or escapes. This service is provided through the Santa Cruz County Sheriff’s Office. The officer shall follow his or her department’s procedure for notifying an advocacy agency to provide telephone, or in-person, crisis support for the victim. Most law enforcement agencies have a memorandum of understanding with an advocacy agency to provide twenty-four hour crisis support. Once the above procedures have been followed with the victim, the suspect is taken into custody. The suspect is read his or her Miranda rights, and evidence is collected. The officer prepares a crime report, which includes the Domestic Violence Incident Report form. The officer, in preparing the report, must maintain objectivity in reporting and avoid personal opinions regarding comments from victim or suspect. The Domestic Violence Incident Report form is used by all local law enforcement agencies. The Domestic Violence Protocol for Law Enforcement also includes: a policy statement definitions mandatory reporting of domestic violence by health care providers 911 operator/dispatcher response procedure for follow-up investigation enforcement of restraining orders victim assistance training “officer involved” cases (a domestic violence allegation involving a peace officer) Additionally, the protocol directs each agency to develop a policy of report writing to classify whether the situation is a crime, an incident, or for information only. Reports are forwarded to the District Attorney’s Office. All agencies interviewed indicate that a “pro arrest policy” exists within the county. A “pro arrest policy” refers to a philosophical position in which physical arrest is encouraged in every situation where an arrest is legally permissible. Domestic Violence in Santa Cruz County: - 85 Four out of the five law enforcement agencies contact an advocate from the Women’s Crisis Support-Defensa de Mujeres (WCS-DdM) to assist victims. The City of Santa Cruz Police Department is the only agency with an in-house advocate who is a full-time employee, on-call twenty-four hours a day, seven days a week and who regularly attends Domestic Violence Commission meetings. Santa Cruz County Sheriff’s Office has created a protocol specifically for sexual assaults. This department gives training to WCS-DdM; it is a two-hour training that is conducted twice a year. Sergeants receive training updates through the District Attorney’s Office and also attend seminars and conferences with the encouragement of the department. The Sheriff’s Office receives approximately 357 domestic violence calls a year. Santa Cruz County Sheriff’s Office uses the “Tiburon” interagency communication system to obtain information on suspects. All other county law enforcement agencies use the “Alliance” interagency communication system that allows each agency to share and access information. Law enforcement agencies did not see the different communication systems as an obstacle to obtaining information through CLETS. All other law enforcement agencies interviewed receive training from WCS-DdM, attend seminars and conferences specific to domestic violence, and meet with advocates from WCS-DdM. The Court Process Once an individual has been arrested, the arresting agency prepares a report and forwards it to the District Attorney’s Office for review and filing. The District Attorney has forty- eight hours to file charges against the alleged perpetrator. The decision to file a case is determined by the supervising Assistant District Attorney or the District Attorney based on a preponderance of evidence. Filed case statistics, as well as “no file” cases, are entered into a database system known as the “Damien” system. These statistics are provided to the Domestic Violence Commission for its annual report. Additionally, a Victim Witness Assistance representative receives a copy of the police report and contacts the victim to assess needs. The victim is eligible to receive relocation money and counseling. Victim Witness Assistance has two counselors in Santa Cruz, one in Watsonville, and volunteers. Domestic violence cases are handled by the “Family Protection Unit” within the District Attorney’s Office. Currently, there are three Assistant District Attorneys in this unit with one supervisor. Of the three, one bilingual Assistant District Attorney splits time between the Santa Cruz County Courthouse and the Watsonville Courthouse. Training is provided through the California District Attorney’s Association and is offered twice a year. However, an Assistant District Attorney initially assigned to the Family Protection Unit is not required to have a background in prosecuting domestic violence cases. Training occurs during that Assistant District Attorney’s assignment, and on-the-job training is considered invaluable. Domestic violence cases are described as being the most difficult to prosecute. Currently, there are twenty-five to thirty cases for each of three Assistant - 86 Domestic Violence in Santa Cruz County: District Attorneys. Most cases do not reach the trial stage. A plea bargain is common. Probation is used more often in sentencing than incarceration. The Family Protection Unit of the District Attorney’s Office relies on the arresting agency to follow protocol in writing reports and collecting evidence. As much evidence as possible must be collected. Tape recording, as well as taking photographs, is essential in prosecuting these cases successfully. Grant monies are sought by and awarded to the District Attorney’s Office. Common funding sources are: Violence Against Women (VAWA); California Spousal Abuser Prosecution Program (SAPP), established by California Penal Code § 273.8 and the 1994 Battered Women’s Protection Act; and the Office of Emergency Services. Assistant District Attorneys in the Family Protection Unit do not participate in the grant-writing process and do not receive progress reports subsequent to grant implementation. It was announced at the January 2006 DVC meeting that the District Attorney’s Office had been awarded a three-year $300,000 grant. The grant was to provide funding for the South County District Attorney’s Office to employ a Spanish-speaking Assistant District Attorney, Investigation Inspector, and support staff to help Latino victims of domestic violence. The positions have yet to be filled. In addition, the District Attorney’s Office has received grant monies ($70,000) from the Violence Against Women Vertical Prosecution Program. The grant is called “No Mas” and is also proposed to partially fund a prosecutor, investigator, and advocate, all of whom would be Spanish speaking, for the Watsonville office. Outreach to the community will emphasize the fact that immigration status is irrelevant to the prosecution of domestic violence crimes. Performance timelines for the grants are not known. Since November 2005, approximately three hundred domestic violence related cases have been heard by the courts. The Family Protection Unit has the highest caseload of any felony or misdemeanor unit in the District Attorney’s Office. Domestic violence cases are difficult and time intensive for the District Attorney’s Office to prosecute partly because there are no mandatory sentencing requirements. While a sexual assault case may have strict sentencing mandates, the charge in domestic violence cases could be reduced from a felony to a misdemeanor by the presiding judge. According to a District Attorney’s Office representative, sexual assault in domestic violence cases is rarely reported. If a victim were to report sexual assault rather than a slap or push, the prosecution of the domestic violence charge could carry a more severe sentence. Domestic violence cases are also difficult because of the emotional issues present. Approximately, eighty percent (80%) of domestic violence victims recant or are uncooperative in the prosecution process. Nevertheless, even if a victim recants, the case can go forward without his or her cooperation. Although a batterer is rarely female, there are currently three cases pending in which a female perpetrator is being charged with domestic violence. Gay/lesbian/transgender cases are rare. The victim commonly chooses an advocate from WCS-DdM or WAWC to assist her through the court process. That advocate attends all court proceedings to support the Domestic Violence in Santa Cruz County: - 87 victim. Additionally, the advocate communicates with the prosecuting Assistant District Attorney to keep the victim informed as to the case status. A victim can obtain a temporary or permanent restraining order by contacting the WCS- DdM, the Family Law Facilitator, WAWC, or by retaining an attorney. Additionally, WCS-DdM and WAWC provide assistance by guiding victims of domestic violence through the paperwork and court process. Once a restraining order is issued, the court clerk is responsible for entering it into CLETS. An advocate will assist the victim in obtaining and serving a temporary restraining order and will attend all court hearings to make sure the final orders are processed and served on the perpetrator. The Family Law Facilitator has been in existence since 1977. This free service assists people attempting to obtain court orders for divorce, domestic violence concerns, and child support matters. The two facilitators, who are attorneys, do not represent these individuals in court. The facilitator’s office is located in the county building, and individuals are seen on a first-come, first-served basis. The facilitator sees individuals at the Watsonville courthouse on Thursdays. One part-time facilitator is bilingual. Three volunteer attorneys who work four hours per week are basically training in family law practice. University of California Santa Cruz interns also assist in the facilitator’s office for approximately three months. The office receives about 2,000 calls a month and assists approximately ten to thirty people a day, five days a week. When a victim has requested a temporary restraining order and the perpetrator has been served, the victim must then go to court to obtain the restraining order. Typically, the final restraining order is valid for three years from the date it is issued and can be renewed by making an application to the court. A temporary restraining order protects the individual for approximately twenty days. The term of this temporary order can be extended by a judge if the protected person cannot locate and serve the perpetrator. Once the perpetrator has been served, the victim, or his or her legal representative, and the perpetrator must appear before a judge of the Superior Court. The perpetrator has a right to respond to the allegations in the victim’s temporary orders, and it is up to the judge to review and process both the allegations and responses. A judge reads both declarations prior to the court hearing and attempts to determine exactly what occurred. If, at the end of the hearing, the judge concludes that a CLETS Order After Hearing (DV-130) should be issued, one is prepared and then must be served on the perpetrator. If the perpetrator is present in court at the time of the issuance of the restraining order, service is effective immediately. If the perpetrator is not present in court, service of the restraining order on the perpetrator is required. A peace officer, or any person not a party to the action, can serve the perpetrator with the order and file the proof of service with the Superior Court Clerk’s Office. The clerk then enters that information into the CLETS database. Violation of the restraining order is a crime. The Santa Cruz County Probation Department provides information and recommendations for sentencing purposes. Approximately 5,000 adult cases are currently divided among 100 to 120 staff. In the beginning of 2006, 122 of those cases were domestic violence cases. - 88 Domestic Violence in Santa Cruz County: When a person has been convicted of a domestic violence crime, that individual must enroll in and complete a fifty-two week Batterers’ Intervention Program as a term of his or her probation. The batterer’s attendance and participation is monitored by court review and agency calls. Additionally, the Probation Department certifies programs for batterers and makes referrals for batterers and their victims. The Probation Department reviews the curriculum of the program to ensure that it conforms to state mandates. When a probationer is first enrolled in the program, that individual meets weekly with an assigned officer, then monthly, and finally, every three months. Findings Representatives from all interviewed law enforcement agencies state that their agencies follow the countywide Domestic Violence Protocol for Law Enforcement - Santa Cruz County Law Enforcement Chief’s Association. Victims are given an Emergency Resource Card that includes a referral to advocacy agencies. An officer responding to a domestic violence call can provide the victim with an Emergency Protective Order that allows the victim sufficient time to obtain a temporary restraining order. Once a restraining order has been issued, the Court Clerk’s Office is responsible for entering all restraining orders in CLETS. Law enforcement agencies can then access this system when responding to a domestic violence scene. Each agency incorporates the Domestic Violence Incident Report form in its crime report. All law enforcement agencies indicated that they have a “pro arrest” policy. Representatives from all interviewed law enforcement agencies state that their agencies stay current on changes in the community by meeting with local advocacy groups. Response: The Capitola Police Department AGREES. The various domestic violence advocacy groups routinely travel to the different law enforcement agencies to provide in-service training. At these meetings, normally conducted during patrol briefings, matters of importance such as domestic violence law, policy and procedure, the dynamics of domestic violence, investigative techniques, and training updates are discussed. Input is always exchanged and the advocacy group spokesperson leaves no question unanswered. Business cards and personal contact information is exchanged and law enforcement is told to call any time there is an unresolved issue. The advocates are well versed in their area of expertise and provide a vital communication pathway for all agencies involved in the mitigation, prevention, response, and prosecution of domestic violence. Domestic Violence in Santa Cruz County: - 89 Response: The City of Santa Cruz Police Department AGREES. The City of Santa Cruz Police Department is currently contributing to the County Domestic Violence Task Force. It also regularly communicates with other victim advocacy organizations. Response: The Scotts Valley Police Department AGREES. Response: Watsonville Police Department AGREES. Response: The Santa Cruz County Sheriff’s Office AGREES. Sheriff Steve Robbins is a commissioner on the Santa Cruz County Domestic Violence Commission. This commission is comprised of representatives of local law enforcement, victim advocacy groups, the Public Defender’s Office, Judiciary and the community at large. This commission meets on a regular basis. The Santa Cruz County Sheriff’s Office meets with WCS-DdM and WAWC for training purposes. Sergeants also receive training updates through the District Attorney’s Office. Response: The Santa Cruz County Sheriff’s Office PARTIALLY AGREES. The Sheriff’s sergeant that supervises the Domestic Violence Unit (DVU) has, in conjunction with the District Attorney’s Office (DAO) Family Protection Unit (FPT) supervisor, provided training to advocacy groups upon request. The DVU sergeant also coordinates with the DAO to provide update training to Sheriff’s Office staff. This response pertains only to the DVU. The Sheriff’s Sex Crimes Unit has such components in their protocols dealing with sexual assault cases. The City of Santa Cruz Police Department has an in-house advocate who is on-call twenty-four hours a day, seven days a week. All other agencies contact local advocacy groups for victim assistance/support. Response: The Capitola Police Department AGREES. The Capitola Police Department participates in a team approach, which affords women victims of domestic violence direct access to support advocacy. The domestic violence Crisis Response Team (CRT) Advocate is activated when a crime occurs between two individuals who are involved in a current or past intimate relationship. A Women’s Crisis Support (WCS) advocate is always available. Response: The City of Santa Cruz Police Department AGREES. - 90 Domestic Violence in Santa Cruz County: The City of Santa Cruz Police Department has in-house victim advocate who is on call twenty-four hours a day, seven days a week, to assist victims of violent crimes. Response: The Scotts Valley Police Department AGREES. Response: Watsonville Police Department AGREES. Response: The Santa Cruz County Sheriff’s Office AGREES. All deputies are trained to make an advocate available to all domestic violence victims at the time of the initial investigation of a domestic violence incident. A VINE information card, prepared by the Santa Cruz County Sheriff’s Office, is not being distributed to victims by any of the law enforcement agencies. Response: The Capitola Police Department PARTIALLY DISAGREES. Speaking solely for the Capitola Police Department, the VINE information card has been given to the victims of domestic violence when supplies were available. However, more VINE information cards have been produced for distribution along with a domestic violence information triptych. Also, a link to VINE information, provided by the Santa Cruz County Sheriffs Department Detention Bureau, has been placed on the City of Capitola Police Department website. Response: The City of Santa Cruz Police Department DISAGREES. The City of Santa Cruz Police Department already places VINE information on its victim resource card. This card is required to be distributed to all domestic violence victims per department policy. Response: The Scotts Valley Police Department AGREES. The Scotts Valley Police Department disperses a Scotts Valley Community Resource Card (both Spanish and English). The resource card has a comprehensive referral list for county services, including VINE, WCS, local hospitals etc. The card also contains comprehensive information regarding sexual assault, domestic violence, court orders, and victim rights. This comprehensive card eliminates the need to shower crime victims with multiple information pamphlets. Response: Watsonville Police Department PARTIALLY AGREES. The Watsonville Police Department has requested the cards from the Santa Cruz County Sheriff’s Office Jail. Response: The Santa Cruz County Sheriff’s Office PARTIALLY AGREES. Domestic Violence in Santa Cruz County: - 91 The DVU sergeant, who reviews all domestic violence reports generated by Sheriff’s personnel, has recently noted that VINE information cards are not distributed on a routine basis. The Sheriff’s Office has VINE information cards readily available for distribution to victims. The DVU sergeant will provide additional training to staff regarding the VINE system and its availability to domestic violence victims. According to a representative from the District Attorney’s Office, the Family Protection Unit relies on the arresting agency to follow protocol in collecting evidence. Tape recording, as well as taking photographs, is essential in prosecuting domestic violence cases successfully. The domestic violence protocol states that an audio tape recording is to be used to memorialize interviews. Response: The Capitola Police Department AGREES. During the first of the year 2006, The Capitola Police Department conducted an internal quality control audit of all domestic violence related arrests and incidents. The audit revealed a number of officers were not recording on-scene domestic violence calls. It was determined the primary causes for this failure was the officers either did not have working recorders or were not assigned one because of budget constraints. These issues are being resolved by reviewing policy and procedures during patrol briefings and with the coming of fiscal year 2007 new recorders are being purchased and issued to patrol officers. Response: The City of Santa Cruz Police Department AGREES. The City of Santa Cruz Police Department follows the protocol developed by the Santa Cruz County District Attorney’s Office in regards to the collection of evidence in domestic violence cases. Response: The Scotts Valley Police Department AGREES. Scotts Valley Police Officers carry cassette recorders to record interviews. Response: Watsonville Police Department AGREES. Response: The Santa Cruz County Sheriff’s Office AGREES. This year the Santa Cruz County Sheriff’s Office purchased digital recorders for patrol staff to assist in gathering a better record of the victim’s original statement during the initial phase of the investigation. Response: The Santa Cruz County District Attorney’s Office AGREES. Domestic violence cases can be very difficult to successfully prosecute. In many instances, there are no independent witnesses, the victim often recants, and sometimes there are initial delays in reporting the crime. Collecting evidence, - 92 Domestic Violence in Santa Cruz County: including the use of photography when appropriate, and memorializing victim and witness interviews by actual tape recordings and videotapes is critical for a successful prosecution. The District Attorney's Office continues to train law enforcement on how to properly investigate domestic violence cases. Moreover, the District Attorney's Office believes that the county and city governments should provide additional funding so that law enforcement has additional detectives to provide a countywide team exclusively to investigate domestic violence cases. This team would be comprised of victim advocates and specialized interviewers trained in the domestic violence protocol. This team would also conduct all interviews by the use of videotape equipment to memorialize the witness statements. According to a representative from the District Attorney’s Office, Santa Cruz County Sheriff deputies do not always record interviews when responding to a domestic violence call. Response: The Santa Cruz County Sheriff’s Office PARTIALLY AGREES. The Sheriff’s Office addressed this by providing staff with more reliable digital recording equipment but there are instances where recording equipment malfunctions on occasion. Victims who recant do not stop or prevent the prosecution of the batterer. Response: The Santa Cruz County District Attorney’s Office PARTIALLY DISAGREES. In some circumstances a recanting victim can seriously hinder or possibly prevent the prosecution of a domestic violence case. Some victims do not show up for trial or refuse to testify at the time of trial. Because of a recent Supreme Court case, Crawford v. Washington, victimless prosecution has been dealt a severe blow. If the victim does not testify, the prosecution may be forced to dismiss the case due to the lack of admissible evidence. However, the District Attorney's Office continues to emphasize investigation and prosecution techniques that serve to corroborate the events regardless of whether the victim may later recant their original report to law enforcement. WCS-DdM, the Family Law Facilitator, and WAWC assist individuals seeking protection through the court process. According to a representative from the District Attorney’s Office, that office has no set procedure for communicating with local advocacy groups. The District Attorney’s Office is aware of these services and appreciates an advocacy presence in the courtroom on behalf of the victims. The majority of their contact with these agencies is to supply copies of restraining orders and updates of the batterer’s case. Case information is public record. Domestic Violence in Santa Cruz County: - 93 Response: The Santa Cruz County District Attorney’s Office DISAGREES. The District Attorney's Office strongly believes that victim advocacy is an integral part of the criminal justice system and the prosecution of domestic violence. The rights of victims are so important that the District Attorney's Office houses three full-time advocates and three full-time victim claim representatives, including several volunteers. Local advocacy groups are in constant contact with the District Attorney's Office on a day-to-day and case-by-case basis. The Assistant District Attorneys are trained by both local advocacy groups and by our own victim witness program. Furthermore, the District Attorney's Office participates in training the advocates of each local advocacy group twice a year. Within the District Attorney’s Office, the Family Protection Unit, consisting of three attorneys and one supervisor, has the highest caseload in the District Attorney’s Office. Response: The Santa Cruz County District Attorney’s Office DISAGREES. The Family Protection Unit is a highly specialized unit of Assistant District Attorneys who have had intensive training on how to prosecute domestic violence cases. Although the District Attorney's Office is always asking for additional resources from the County to hire more attorneys, there are five Assistant District Attorneys, i.e., almost 15% of the attorneys in the office, who presently handle domestic violence cases. The District Attorney's Office gives priority to the prosecution of domestic violence and has always assigned enough personnel to keep the attorneys' caseloads manageable. Because of the number of Assistant District Attorneys assigned to domestic violence cases, their actual caseload is significantly lower than the caseloads of Assistant District Attorneys who handle general felonies, drug cases, and misdemeanors. The Grand Jury has been informed that a need exists for Spanish speaking Assistant District Attorneys, investigators, and advocates. Response: The Santa Cruz County District Attorney’s Office AGREES. The District Attorney agrees that all law enforcement agencies need Spanish speaking professionals to deal with our increasingly diverse population. Although the District Attorney's Office already has some Spanish speaking attorneys, investigators, and advocates, we are aggressively recruiting more. The District Attorney's Office is also hosting our first diversity recruitment fair in October 2006 to seek out Spanish speakers who wish to become Assistant District Attorneys. The “No Mas” grant is intended to pay for a Spanish-speaking Assistant District Attorney, investigator, and victim advocate. Sixty percent of the cases filed are from - 94 Domestic Violence in Santa Cruz County: the Latino community in the City of Watsonville. Response: The Santa Cruz County District Attorney’s Office PARTIALLY AGREES. The No Mas grant is intended to partially pay for a Spanish speaking Assistant District Attorney, investigator, and victim advocate. One hundred percent of the cases filed under the No Mas grant are from the Latino community in the City of Watsonville. According to the “No Mas” grant application, key factors that contribute to domestic violence include: high unemployment (sixteen percent), a large population of young people, low educational attainment, substance abuse, and poverty. Response: The Santa Cruz County District Attorney’s Office AGREES. Victim Witness Assistance, located in the District Attorney’s Office, reviews police reports and contacts victims to provide financial assistance and counseling. Superior Court Judges issue temporary restraining orders, as well as process a case to its completion. Judges hearing criminal cases will review a family court file if children are involved. When interviewing law enforcement agencies, a concern was raised as to differences in restraining orders issued on the same case in both criminal court and family court. The protected person may have exceptions contained in a family law-issued restraining order that would not be reflected in the criminal restraining order due to child visitation outlines. When children are involved, the CLETS Order After Hearing (Form DV-130) has a provision that alerts the responding officer that there is a child visitation agreement out of family court. Response: The Capitola Police Department PARTIALLY AGREES. Even though CLETS does alert officers to visitation agreements, once on-scene of a domestic violence call, and at the request of the defendant and/ or plaintiff, the officer is often faced with having to wade through recent and past judicial orders, mediation agreements, custody orders and the like to ensure they are taking correct action. The Capitola Police Department strongly urges all Judicial Officers make every effort to use unambiguous and unequivocal wording in all judicial decrees and coordinate orders thus minimizing confusion for the patrol officer. Response: The City of Santa Cruz Police Department AGREES. Better synchronization needs to occur between family court and criminal court orders and CLETS entries. Domestic Violence in Santa Cruz County: - 95 Response: The Scotts Valley Police Department AGREES. The DV-130 form alerts officers under section nine (9) “Child Custody and Visitation” with a reference to Form DV-140. The DV-130 form outlines under section twenty-six (26) “Conflicting Orders” with information on which court orders take precedence over others. Response: Watsonville Police Department AGREES. Response: The Santa Cruz County Sheriff’s Office DISAGREES. Although it is possible to have different or conflicting terms in protective orders issued to the same parties in a criminal case and out of a family law court, the law is clear. PC 136.2(e)(2) dictates that a protective order issued in a criminal case takes precedence in enforcement over any conflicting civil court order. Further, PC 136.2 dictates that an Emergency Protective Order (EPO) that is in effect between the same parties takes precedence over all other restraining orders. Representatives from the District Attorney’s Office and the Probation Department state that these offices have excellent communication and are working closely to ensure that batterers complete the requirements of Batterers’ Intervention Programs. Response: The Probation Department AGREES. Response: The Santa Cruz County District Attorney’s Office AGREES. According to the Probation Department, lack of resources to help domestic violence offenders make improvements in their lives is a continuing concern. Children who have witnessed violence in the home can become victims or violent themselves. Response: The Probation Department AGREES. The State Attorney General’s Task Force Report on Domestic Violence (2005) emphasizes the importance of holding batterers accountable. Response: The Probation Department AGREES. Conclusions Although all local law enforcement agencies state that they follow the Domestic Violence Protocol for Law Enforcement as well as their own department’s protocols, some exceptions have been reported. The VINE card is a valuable resource that gives victims information that can help ensure their safety. - 96 Domestic Violence in Santa Cruz County: Not tape recording an interview during a domestic violence call is contrary to the protocol. Gathering as much evidence as possible, including tape recording, is necessary to successfully prosecute cases. If a victim recants, the tape recording is invaluable. The use of an in-house advocate by the City of Santa Cruz Police Department has provided valuable assistance in handling domestic violence cases from the time of arrest and in the report writing process. The confusion in the aftermath of a domestic violence incident will be lessened if a victim has current copies of all restraining orders easily accessible. Law enforcement agencies would benefit from a training session on the various Domestic Violence Forms. Domestic violence advisory bodies would benefit from knowing more about the “No Mas” grant and any other domestic violence-related funding in the county and how it is being used. Due to the high volume of cases handled by the Family Protection Unit, adequate staffing is essential. The constant presence of an advocate in domestic violence court proceedings as a support for the victim is critical. The Family Law Facilitator has proven to be a valuable resource for people who cannot afford the services of a private attorney and are seeking assistance in obtaining a divorce, domestic violence orders, and child support orders. Holding batterers accountable for their actions contributes to victim safety.
Additional Recommendations
26
Not linked to specific findings.
R23:
CPVAW should address issues of domestic violence so that efforts are equal to those expended on sexual assault. Response: The City of Santa Cruz AGREES. - 24 Domestic Violence in Santa Cruz County: The recommendation will be implemented in the future. The CPVAW will establish a timeframe. Response: CPVAW: The Grand Jury’s recommendation has not yet been implemented, but will be implemented in the future. It is true that the focus of CPVAW for the past two years has been more on sexual assault than domestic violence. This reversed a ten year trend of CPVAW focusing mainly on domestic violence. CPVAW has a strategy for the coming year to give both serious issues due weight but also recognizes that, while the community has a Domestic Violence Commission, there is no such additional body to address sexual assault.
R24:
CPVAW volunteers are to be commended for their dedication and accomplishments in increasing awareness of domestic violence and sexual assault in the City of Santa Cruz. Response: The City of Santa Cruz: The recommendation has been implemented. Response: CPVAW: The Grand Jury’s recommendation has been implemented. Thank you; the Grand Jury’s appreciation is most welcome.
R25:
CPVAW should continue to serve the City of Santa Cruz and its citizens by maintaining all current programs and by publicizing the activities of CPVAW in a timely and organized manner. Response: The City of Santa Cruz: The recommendation has been implemented. Response: CPVAW: The Grand Jury’s recommendation has been implemented. CPVAW’s staff person is diligent in this regard.
R27:
CPVAW should continue to conduct ongoing education about the Safe Place Network with downtown business employees. Response: The City of Santa Cruz: The recommendation has been implemented. Response: CPVAW: The Grand Jury’s recommendation has been implemented. CPVAW hired an independent contractor to finish orientations and distribution of updated binders to the current Safe Place Network businesses. This work was done after the Grand Jury conducted its survey. CPVAW recognizes the need for on-going education of Safe Place Network business staff (as well as the public) and will continue to work on a strategy to ensure this goal is achieved. The Commission recognizes the particular problem with downtown business staff turnover during the summer months.
R28:
The District Attorney’s Office should report sexual assault and domestic violence case dispositions to CPVAW and DVC regularly rather than requiring a request. Response: CPVAW: This recommendation has been partially implemented. CPVAW welcomes this recommendation from the Grand Jury. Since the Grand Jury commenced its investigation, the District Attorney’s office has agreed to supply CPVAW with the disposition of current sexual assault cases if CPVAW will supply the DA with SCPD case numbers. The difficulty is in knowing which cases to ask for, since SCPD sends all of its sexual assault cases to the DA. Having case disposition information flow regularly (without request) from the DA’s office for both domestic violence and sexual assault cases would be efficient and give meaningful, important data to CPVAW. Response: The Santa Cruz County District Attorney’s Office DISAGREES. This recommendation will not be implemented. The District Attorney's Office criminal case records are not public records. However, accurate information on Santa Cruz County criminal case dispositions is available to the public through the Santa Cruz County Superior Court Clerk's Office. The District Attorney's Office will - 26 Domestic Violence in Santa Cruz County: assist CPVAW and DVC on how to access this information.
R29:
The 2006-2007 Grand Jury should consider investigating the crime of rape and sexual assault in Santa Cruz County. Response: CPVAW AGREES. CPVAW would strongly support such an investigation. CPVAW’s work in producing the first ever “Report on Sexual Assault and Rape” in 2006 has landmark status. However, it has raised as many questions as answers, and further investigation is needed, especially by a body as esteemed as the Grand Jury. DVC Recommendations
R30:
DVC volunteers are to be commended for recognizing problems with commission function and organization and taking preliminary steps to remedy them. Response: The Santa Cruz County Board of Supervisors AGREES. The County appreciates the Grand Jury’s comments. Response: The Domestic Violence Commission: This recommendation has been implemented. The DVC appreciates the commendation and is striving to continue addressing these issues.
R31:
The DVC should establish clear and focused goals and strategies at the beginning of each year and submit them to the Board of Supervisors annually. These goals and objectives should be published on the DVC web site. Response: The Santa Cruz County Board of Supervisors AGREES. The County understands that the commission is taking steps to implement this recommendation. Response: The Domestic Violence Commission: The DVC is presently implementing this recommendation. At the beginning of 2006, the Commission established goals for the year, and created subcommittees with specific time lines for meeting those goals. The Executive Committee plans to conduct a retreat on an annual basis, to continually re-establish new goals and objectives that will conform to the changing realities of the community. While the Commission acknowledges that, as the processes of the 2006 retreat are developed, and that the goals and timelines may change, we are committed to continuing with our Retreat goals. The Executive Committee is also planning on publishing its Annual Report to the Board online, and Domestic Violence in Santa Cruz County: - 27 is implementing this at this time. Our new website, with updated information, will be ready by the end of 2006.
R32:
The Board of Supervisors should hold established commissions responsible for achieving goals and objectives and for following their bylaws. Response: The Santa Cruz County Board of Supervisors: This recommendation has been implemented. All commissions are responsible for achieving goals and objectives and for following their bylaws.
R33:
The DVC should post the annual report to the Board of Supervisors on the county web site along with goals, agendas, and minutes. The DVC should base its annual report to the Board of Supervisors on the achievement of previously stated goals. The web site should be updated with these items in a timely manner. Response: The Santa Cruz County Board of Supervisors: This recommendation will be implemented. The commission plans to submit the 2005 Annual Report to the Board of Supervisors in September 2006 and the 2006 annual Report in February 2007. The Annual Reports will be placed on the commission’s web page. Response: The Domestic Violence Commission: The DVC is presently implementing this goal. It is anticipated that The 2005 Annual Report to the Board of Supervisors will be submitted to the Board in September 2006 and The 2006 Annual Report to the Board of Supervisors will be submitted in February 2007. The web site will be updated as of 9/1/06. The web site includes: • Agendas & Minutes of the Commission from 2001 to the present. • Agendas & Minutes of some committees from 2001 to the present. • The Annual Reports to the Board of Supervisors from 2000 to 2004. • The Report to the Community from 2003 to 2005. • Information about the Commission: • Overview • Mission Statement • Contacts • Vacancies • Position Statements • List of Committees o Charter o Membership o Meeting dates, times and places - 28 Domestic Violence in Santa Cruz County: • Ordinance establishing the Commission • Bylaws • Brown Act information • Open Meeting Act information • Protocols • Domestic Violence Awareness Month Activities • Links
R34:
The DVC should continue to publish the annual Domestic Violence Commission Report to the Community. The 2005-2006 Grand Jury Final Report is a beginning step in evaluating batterers’ intervention programs. The DVC can build on this research to evaluate batterer accountability throughout the legal system. In addition, the report should identify cities making felony and misdemeanor arrests as does the 2003 report rather than just giving totals for the county. Response: The Santa Cruz County Board of Supervisors: This recommendation will be implemented. The DVC is in the process of an in-depth evaluation of the efficacy of batterer’s intervention programs. The Commission hopes to complete its evaluation by April 2007. In the “Report to the Community 2006”, DVC will identify the cities making felony and misdemeanor arrests as in the 2003 report. Response: The Domestic Violence Commission: This recommendation requires further analysis. Implementation at this time has the following limitations. The Commission is a volunteer organization, composed of an unwieldy number of individuals already burdened with important anti-violence work. The DVC has had many difficulties over the past 18 months in achieving full attendance and participation. To date, DVC members have engaged in tremendous collaborative efforts to publish this report, without any regular, ongoing financial support. The Annual Report, while a worthy report, is an enormous undertaking for our volunteers working in a volunteer capacity. Considering the funding difficulties, not limited to only the publishing of the report, but creating and editing questionnaires, gathering and organizing the data, requesting or composing summaries of the information, and putting it into a printable format, the DVC must consider other methods of getting the message out to the community. The CAP report, an ongoing, well-funded and widely distributed project of the Community Foundation, is a well-written, thorough report addressing crime, violence, sexual assault, and domestic violence in our county. For several years running, the CAP report has requested the assistance of one or more members of the DVC to assist in reviewing and analyzing data. Last year the public defender, Larry Domestic Violence in Santa Cruz County: - 29 Biggam, and this year the Chair, Heidi Simonson, were called upon to assess the public safety findings. Our Community Efficacy Task Force will make use of the Grand Jury’s report in its work evaluating Batterer’s Treatment programs over the next year.
R35:
The Board of Supervisors should guarantee funding for the annual DVC report to the community. Response: The Santa Cruz County Board of Supervisors: This recommendation has been implemented for 2006-07. Funds were included in the District Attorney’s budget to pay for the printing of the “Report to the Community 2006.”
R36:
Domestic violence advisory groups should make sure their literature is in both Spanish and English. Response: The Santa Cruz County Board of Supervisors: This recommendation requires further analysis on the part of the DVC. At present, the commission does not have or is unaware of available resources to translate the website and public postings into Spanish. Additionally, while the DVC looked into translating the “Report to the Community”, funds were not available to do so. The DVC does commit to continue to seek resources for this important recommendation. Response: The Domestic Violence Commission: The DVC would like to implement this recommendation, but has no funding to do so. This recommendation cannot be implemented without such funding. The DVC will continue to ask for member organizations or the Board of Supervisors for resources to implement this important recommendation.
R37:
Individual members of the DVC should insist on compliance with bylaws concerning monthly meetings and attendance. With established goals and productivity as the highest concern, bylaws could be amended if necessary. Response: The Santa Cruz County Board of Supervisors: The County supports this recommendation and requires all commission members to comply with the commission’s bylaws. Response: The Domestic Violence Commission: The DVC will not be implementing the first part of this recommendation for the following reasons. - 30 Domestic Violence in Santa Cruz County: Our present Bylaws require quarterly meetings. Nevertheless, we are presently meeting more frequently, as indicated above. In June, the DVC appointed a small task force to review and revise the Bylaws, and present them to the Commission as a whole for review and comment. The DVC intends to present amended Bylaws to the Board for their review before the end of
R38:
The DVC should consider changing its bylaws to shorten and stagger terms of office to infuse the DVC with fresh ideas and energy. Response: The Santa Cruz County Board of Supervisors: The County supports this recommendation and defers to the commission to implement it. The commission has appointed a task force to propose amendments, and one of their proposals is to shorten terms to three years in length, and to add a provision that no member shall be eligible to serve for more than two terms. The commission anticipates submitting recommended changes to the Board for review and approval by the end of 2006. Response: The Domestic Violence Commission: The DVC is implementing this recommendation. We are in the process of reviewing our Bylaws, a process started earlier this year. Shortening and staggering the terms of office will be considered as a portion of the entire bylaw review process. The DVC wholly agrees that fresh ideas and energy are needed. As indicated above, we have appointed a task force to propose amendments, and one of their proposals is to shorten terms to three years in length, and to add a provision that no member shall be eligible to serve for more than two terms. We anticipate presenting the proposed Bylaws to the Commission, and thereafter the Board by the end of 2006. After the amended bylaws are approved by the DVC, they must be submitted to the Board of Supervisors for their review and approval. We would appreciate from the Board any and all efforts to fill vacancies.
R39:
The DVC should consider re-establishing an executive committee and identifying these members on the DVC web site. It should also consider increasing the number of Domestic Violence in Santa Cruz County: - 31 officers to share responsibilities. Response: The Santa Cruz County Board of Supervisors: This recommendation has been implemented. The DVC has an Executive Committee, which was re-elected in June of 2006 and consists of the Chair, Vice-Chair and two to three at-large commissioners. The DVC has already drafted a revised website for the DVC which includes reference to all current committees, including the Executive Committee, and each committee’s members. The DVC anticipates the new website with this information will be available within 30 days, after review by the Commission as a whole. Response: The Domestic Violence Commission: This recommendation has already been implemented. The DVC already has an Executive Committee, which was re-elected in June of 2006. The Executive Committee is composed of the Chair, Vice-Chair and two to three at- large commissioners. The DVC has already drafted a revised website for the DVC which includes reference to all current committees, including the Executive Committee, and each committee’s members. The DVC anticipates the new website with this information will be available within 30-60 days, after review by the Commission as a whole.
R40:
The DVC should fill its vacancies and remedy the attendance problem. Response: The Santa Cruz County Board of Supervisors: The DVC is implementing this recommendation. Members of the commission are appointed by the Board of Supervisors from applicants. Each member of the commission has actively sought volunteers willing to apply to the Board for membership, especially for the at-large seats, without success. The County’s website provides information on applying for vacant Commission spots and the DVC’s new website will post the vacancies available. Response: The Domestic Violence Commission: The DVC cannot implement this recommendation. Membership is controlled by the Board of Supervisors. The DVC may recommend persons to the Board for its vacancies, but it is the Board’s duty to fill our vacancies. Review of our Minutes will reflect how much each member has actively sought volunteers willing to apply to the Board for membership for (in particular) the at-large seats, without success. Our meeting Minutes from the end of 2004 and January 2005 forward reflect the Commission’s discussions of and attempts to remedy this problem. - 32 Domestic Violence in Santa Cruz County: The DVC’s new website will also post the vacancies available. The County’s website also provides information on applying for vacant Commission spots. The DVC is committed to regular retreats in order to focus and galvanize the present membership, and remedy the attendance problem. The DVC has also recently removed a non-attending member, and notified the Board of the vacancy.
R41:
The DVC should consider amending its bylaws to increase the chair’s term of office. Response: The Santa Cruz County Board of Supervisors: This recommendation will be implemented. The DVC will review the length of the term of office of the Chair as a part of its overall review of the bylaws as stated in the response to recommendation 16. Response: The Domestic Violence Commission: The DVC is implementing this recommendation. The DVC will review the length of the term of office of the Chair as a part of its overall review of the bylaws as stated in the response to recommendation 16.
R42:
The DVC should develop an orientation process for new members. Response: The Santa Cruz County Board of Supervisors: This recommendation requires additional analysis. The DVC will place this recommendation on its agenda before the end of 2006, and request the formation of a short term task force to develop an orientation process. Response: The Domestic Violence Commission: The DVC will implement this recommendation. Implementation will require further time to develop either a simplified mentoring program or a new-member notebook with orienting materials. The DVC will place this recommendation on its agenda before the end of 2006, and request the formation of a task force for a short term, to develop an orientation.
R43:
The DVC should require each member to give an annual presentation on the organization he or she represents to update the commission as a whole. Response: The Santa Cruz County Board of Supervisors: This recommendation requires additional analysis. The County defers to commission members to determine whether such presentations would be a valuable use of the commission’s time. Response: The Domestic Violence Commission: Domestic Violence in Santa Cruz County: - 33 The DVC will implement this recommendation with some amendments. The Commission changed the format of our meetings in 2005, eliminating member presentations. At that time, members requested shortened meetings, as our attendance declined. The previous presentations ceased approximately one year ago, and currently consist only of introductions and communications from Commissioners. At this time, this recommendation can be implemented by November 2006, although our intent is to request two members per meeting provide “guided” reports on their organizations goals or direction as it relates to domestic violence.
R44:
Individual members of the DVC should take full advantage of networking opportunities to collaborate, problem solve, and determine whether unaddressed needs of survivors exist. Response: The Santa Cruz County Board of Supervisors: The County supports this recommendation and encourages commission members to implement it. Response: The Domestic Violence Commission: The DVC has already implemented this recommendation, by including an agenda item at the beginning of each meeting to provide time for this to occur. The Executive Committee approved earlier this year adding “networking time” to the beginning of the meeting. The Chair actively supports this at our meetings. Each member has been provided these recommendations, and hard copies will be made available at our next meeting.
R45:
The DVC should include information about its subcommittees on the county web site. It should also include progress reports on projects. Response: The Santa Cruz County Board of Supervisors: This recommendation will be implemented. Response: The Domestic Violence Commission: This recommendation is currently being implemented. The DVC, without a budget, relies upon the CAO’s office for technical assistance in producing, editing and posting our website. The CAO’s office has recently completely revamped our website, and the DVC will be reviewing it within approximately 30 days.
R46:
DVC volunteers are to be commended for increasing awareness of domestic violence in Santa Cruz County. Response: The Santa Cruz County Board of Supervisors: - 34 Domestic Violence in Santa Cruz County: The County concurs with the Grand Jury’s appreciation of commission members. Response: The Domestic Violence Commission: The DVC has implemented this recommendation, and further appreciates the commendation! We appreciate the work of the Grand Jury’s Health and Human Services Committee and their investigation, findings and recommendations. Domestic Violence in Santa Cruz County: - 35
R88:
The Grand Jury commends the United Way for fulfilling its purpose, for its organization and transparency, and the annual production of the Community Assessment Project and strongly recommends that it maintain its role in this project. Response: United Way AGREES. Thank you, we do intend to continue sponsoring the Community Assessment Project and related special reports.
R89:
The Grand Jury commends the Community Foundation of Santa Cruz County for its organization, transparency, and its broad range of services provided to the nonprofit sector and recommends that it maintain all services.
R92:
The Community Foundation may want to consider a trial program wherein a selected, young (less than four years old) nonprofit, offering a unique service, or an established, productive but unfunded agency could be assisted financially and managerially for a selected period of time.
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Findings & Recommendations
21 findings
F1:
Every local law enforcement agency has a Taser policy in place. Response: The Watsonville Police Department AGREES.
F2:
All local law enforcement agencies have reviewed and revised their Taser Policies within the past twelve months. Response: The Watsonville Police Department AGREES.
Related Recommendations (1)
R1:
Local law enforcement agencies should continue to be diligent in updating their Taser policies to conform to changing regulations and technology. Response: Santa Cruz County Sheriff’s Office AGREES. This recommendation has been implemented. Response: Capitola Police Department AGREES. This recommendation has been implemented. Response: City of Santa Cruz Police Department: The Taser: Don’t Be Shocked - 47 The recommendation has been implemented. The City of Santa Cruz Police Department is continually updating our Taser policies to appropriately address changing regulations and technology. Response: The Scotts Valley Police Department AGREES. Updates to the Scotts Valley Police Department’s Taser policy have been implemented. Response: The Watsonville Police Department AGREES. Since its inception, the Watsonville Police Department has been vigilant in keeping up on changes related to electronic stun devices. Experiences from other agencies relative to successful use and mis-use of the TASER continue to be an important part of on-going policy management. New information and developments concerning the weapon’s strengths and weaknesses are regularly incorporated into training scenarios and curriculum. Currently, all Taser training officers receive their training from Taser International. Local law enforcement administrators should lobby POST to provide independent training for Taser use. Response: Santa Cruz County Sheriff’s Office AGREES. This recommendation has been implemented. Response: Capitola Police Department AGREES. This recommendation has been implemented. On June 9, 2006, the POST Commission issued bulletin # 2006-07. This bulletin was a Notice of Proposed Regulatory Action to adopt minimum hours and curriculum requirements for electronic weapons operator training courses (Attachment #1). Response: City of Santa Cruz Police Department: The recommendation has been implemented by POST. The City of Santa Cruz Police Department will attempt to participate in the independent training within 180 days. Response: The Scotts Valley Police Department AGREES. This has been implemented. POST has since created a Taser Instructor’s Course. This 16-hour course includes curriculum which covers medical aspects, risk factors such as drugs, alcohol, excited delirium, positional asphyxia, legal and ethical considerations, and more. Response: The Watsonville Police Department PARTIALLY AGREES. This is a good idea conceptually but until such time POST is prepared to carry out such training, the Watsonville Police Department will continue to turn to the manufacturer of the TASER device for advanced training needs. The dependence upon manufacturer support and training is not new to law enforcement. Agencies - 48 The Taser: Don’t Be Shocked routinely look to the makers of specialty devices such as guns, batons and less lethal equipment — for initial training and certification purposes. In-house experts, who independently design curriculum based on the needs of the agency, carry out on- going training. Local law enforcement agencies should publish a Use of Force Report to include Taser usage. Portions of this report could be shared with members of the community to foster educational awareness and improve community relations. Response: Santa Cruz County Sheriff’s Office PARTIALLY DISAGREES. This recommendation requires further analysis. Every utilization of the taser, including an accidental discharge or the mere display of the weapon to gain compliance, requires a written report by policy. This documentation is believed sufficient. Response: Capitola Police Department AGREES. This recommendation has not yet been implemented, but will be implemented as part of the 2006 Capitola Police Department Year End Report due in the spring of 2007. Response: City of Santa Cruz Police Department: The recommendation has been implemented. The City of Santa Cruz Police Department has collected data, and provided a yearly report to the City Council, since 2005. Response: The Scotts Valley Police Department AGREES. The Scotts Valley Police Department has not yet implemented this recommendation, but is in the process of creating such a report form within the next six months. Response: The Watsonville Police Department PARTIALLY AGREES. Government code 6254(f) identifies certain information, which must be made public unless release of the information would endanger the safety of a person or the successful completion of an investigation. In accordance with this law, the Watsonville Police Department has cooperated with public records requests for TASER Use of Force Reports and has released information to the press about the frequency of usage by its officers. In addition, portions of the Use of Force Report have been shared with members of the public during community education sessions. The Grand Jury recommends that law enforcement agencies within the county begin a tracking system to determine if a correlation between Taser deployment and the number of law enforcement officer Workers Compensation claims exists. Response: Santa Cruz County Sheriff’s Office AGREES. The Taser: Don’t Be Shocked - 49 This recommendation requires further analysis. The Sheriff’s Office is willing to work with other local law enforcement agencies to devise an instrument for this purpose. Response: Capitola Police Department AGREES. This recommendation has been implemented. Response: City of Santa Cruz Police Department: The recommendation has been implemented. The City of Santa Cruz Police Department already maintains a tracking system of usage. Response: The Scotts Valley Police Department AGREES. The Scotts Valley Police Department has not yet implemented this recommendation but believes the completed Use of Force report will aid in tracking any correlation between use of force incidents and workers compensation claims. We anticipate a time frame of six months to complete implementation. Response: The Watsonville Police Department AGREES. The Watsonville Police Department supports this type of study and is currently gathering the data necessary to carry out a proper analysis.
F3:
Not all local law enforcement agencies publish a “use of force” report that includes Taser use and deployment. Response: Santa Cruz County Sheriff’s Office AGREES. The Santa Cruz County Sheriff’s Office does not “publish” a use of force report relative to the actual discharge or deployment of the taser. However, the Sheriff’s Office, by policy, does document any use of deployment of the taser by written report. This report is reviewed by the supervisor of the employees who discharged or deployed the taser and by the lieutenant of the Investigation Division to ensure compliance with office policy. The Investigation lieutenant also tracks and logs each taser-related incident. Response: Capitola Police Department AGREES. Currently there are no reports that specifically record Taser use and deployment within the Capitola Police Department. However, for the past several years, the Capitola Police Department has had a comprehensive use of force reporting and investigation policy that records all use of force incidents including the use of the Taser. While the Police Department has not published these reports in the past, we plan to do so as part of the annual year end report which is usually published each April. Response: City of Santa Cruz Police Department AGREES. While the City of Santa Cruz Police Department is not aware of how other agencies treat use of force reports, it has been compiling a use of force report that includes Taser use and deployment for over a year. Response: The Scotts Valley Police Department AGREES. The Scotts Valley Police Department has not implemented such a form but anticipates doing so within the next six months. Response: The Watsonville Police Department AGREES. - 42 The Taser: Don’t Be Shocked
F4:
Every local law enforcement agency currently employs an officer trained to instruct in the proper use of the Taser according to individual department policy. Response: The Watsonville Police Department DISAGREES. The Watsonville Police Department began issuing X26 Tasers to each individual officer July of 2006.
F5:
Every local law enforcement agency currently employs an officer trained to instruct in the proper use of the Taser according to individual department policy. Response: The Watsonville Police Department AGREES.
F6:
Every local law enforcement agency uses the most current Taser training material provided by Taser International for initial and updated Taser training. POST does not provide Taser training to California law enforcement officers. Response: Santa Cruz County Sheriff’s Office AGREES. Response: Capitola Police Department AGREES. Capitola Police Department has used the M-26 Taser since July 2003, and has recently purchased and trained on the new X-26 Taser model. Since the implementation of the current models of the Taser, the only available law enforcement training resource was from Taser International, the manufacturer. All training and procedure materials were supplied by the manufacturer as there were no other resources available. This has recently changed with new California P.O.S.T. training requirements (Copy of California Commission on Peace Officer Standards & Training (POST) Electronic Weapons Courses Regulation 1084, see attachment #1). Response: City of Santa Cruz Police Department AGREES. The City of Santa Cruz Police Department has actively participated in current Taser training and POST has created a Taser training that will be available to local law enforcement agencies. Response: The Scotts Valley Police Department AGREES. The Scotts Valley Police Department’s Taser Instructor was trained via Taser International; however we plan to send our instructor to a recently created POST Taser Instructor course. Response: The Watsonville Police Department AGREES.
F7:
Taser training officers must be re-certified every two years. The Taser: Don’t Be Shocked - 43 Response: The Watsonville Police Department AGREES.
F8:
Only officers who have received Taser training are authorized to carry a Taser. Response: The Watsonville Police Department AGREES.
F9:
Every local law enforcement agency requires that officers who are going to carry Tasers on their duty shifts, must test the weapon prior to departing the office. Response: The Watsonville Police Department AGREES.
F10:
Officers carry a Taser on the opposite side of their bodies from their lethal weapons. Response: The Watsonville Police Department AGREES.
F11:
It is reported by training officers that the mere threat of using a Taser will often de- escalate a volatile situation. Response: The Watsonville Police Department AGREES.
F12:
The range of probes from a Taser is fifteen to twenty-one feet from weapon to target, thus reducing the proximity of physical contact. Response: The Watsonville Police Department AGREES.
F13:
When either the M26 or the X26 is discharged, small, colored and transparent, coded microdots, called afids, disburse into the surrounding area. The afids facilitate the collection of evidence and are traceable to the taser weapon used. Response: The Watsonville Police Department AGREES.
F14:
Barbs that penetrate the skin can be removed easily by officers or medical personnel. Response: The Watsonville Police Department AGREES.
F15:
Commonly, photos are taken of barb sites after removal. Response: The Watsonville Police Department AGREES.
F16:
The M26 and X26 Taser models have built-in memory that documents use of the weapon and are capable of being downloaded and used for statistical data gathering. Not all local law enforcement agencies have purchased the computer hardware to download this information. - 44 The Taser: Don’t Be Shocked Response: Santa Cruz County Sheriff’s Office PARTIALLY AGREES. It is not known what other local agencies have in the way of software to download the described information. The Sheriff’s Office does have the ability to download all available statistical information stored in the taser memory. As a matter of policy, trained personnel download all such information following a taser discharge that becomes part of the written report. Response: Capitola Police Department AGREES. When the Police Department purchased its M-26 Tasers in 2003, we did not purchase the optional computer which can gather the statistical data. With our recent purchase of the new X-26 models, we have also purchased the computer. This computer however, is not capable of downloading information from the M-26 models. A separate computer would need to be purchased to work with the M-26 model. Response: City of Santa Cruz Police Department AGREES. The City of Santa Cruz Police Department has all of the necessary tools to download the statistical data. It has been using this data for our use of force report. Response: The Scotts Valley Police Department AGREES. Response: The Watsonville Police Department AGREES. The Watsonville Police Department has the software necessary to download TASER data and is in the process of purchasing a laptop that will be dedicated for this purpose.
F17:
Local law enforcement agency administrators were knowledgeable about the Taser and the controversy surrounding its use. Response: The Watsonville Police Department AGREES.
F18:
A search of the literature by the Grand Jury found that death or injury, associated with Taser utilization by law enforcement, occurred disproportionately in suspects on drugs, in states of excited delirium, or in those who received persistent multiple shocks. Response: The Watsonville Police Department AGREES.
F19:
It is difficult for law enforcement officers to quickly recognize the broad range of symptoms exhibited in states of excited delirium. Response: Santa Cruz County Sheriff’s Office AGREES. The Taser: Don’t Be Shocked - 45 Excited delirium is a medical condition that is still not fully understood. All Sheriff’s Office personnel who have been trained and authorized to carry the taser have also received information concerning excited delirium. Further, the county forensic pathologist provided a block of instruction on this topic to Sheriff’s personnel. Response: Capitola Police Department AGREES. When the Police Department first began training and using the Tasers, the symptom known as “excited delirium” was an unknown. Over the past couple of years, however, the Police Department has conducted regular training on various objective symptoms of both physical and psychological indicators which may result in Taser usage. This on going training now includes recognizing the symptoms of “excited delirium.” Response: City of Santa Cruz Police Department PARTIALLY AGREES. The City of Santa Cruz Police Department is in the process of setting up training on this issue. It will attempt to conduct training within 180 days. Response: The Scotts Valley Police Department AGREES. Response: The Watsonville Police Department AGREES.
Related Recommendations (1)
R2:
Local law enforcement agencies should train their personnel in the recognition of symptoms related to excited delirium and establish policies for handling persons in that state. As soon as reasonably possible, the services of medical professionals should be enlisted to render appropriate care. Response: Santa Cruz County Sheriff’s Office AGREES. This recommendation has been implemented. The Sheriff’s Office already conducts such training and the policy on taser use addresses medical concerns and response. Response: Capitola Police Department AGREES. This recommendation has been implemented. Response: City of Santa Cruz Police Department: The recommendation has not yet been implemented, but will be implemented in the future. The City of Santa Cruz Police Department is aiming for implementation within 180 days. Response: The Scotts Valley Police Department AGREES. The Scotts Valley Police Department has implemented this recommendation. Officers receive training in the recognition of excited delirium and our taser policy includes a - 50 The Taser: Don’t Be Shocked medical care component. Response: The Watsonville Police Department AGREES. The Watsonville Police Department strongly agrees with this recommendation and has been instrumental in providing Excited Delirium and In-Custody Death training to members of local law enforcement, fire, paramedic and hospital personnel.
F20:
All of the policy items listed in the ACLU-NC “Best Practices Taser Policy” are partially or fully addressed in the Taser Policy of every local law enforcement agency. Response: The Watsonville Police Department AGREES.
F21:
Local law enforcement administrators and training officers have told the 2005-2006 Grand Jury that officer Workers Compensation claims and suspect injuries have declined since Taser use began. Response: Santa Cruz County Sheriff’s Office AGREES. The use of the taser by Sheriff’s staff is a recent event; therefore, there is little historical information available at this time. In the few times the taser has been utilized by deputies since implementation, there has been no reported injury to either the suspect or deputy. Considering our limited taser experience, it is possible both suspect and deputy could have received injuries from a physical confrontation had the taser not been utilized. Response: Capitola Police Department AGREES. The Capitola Police Department has conducted an audit of all of its Worker’s Compensation records for Police Officers injured in the line of duty in situations where a Taser could have been deployed if one was available. Our audit revealed no officer injuries during the last six months of 2003 when the Taser program began. - 46 The Taser: Don’t Be Shocked There was a spike in injuries in 2004 and a significant decrease in officer injuries in 2005 and 2006. Response: City of Santa Cruz Police Department PARTIALLY AGREES. It is difficult to statistically isolate the impacts of the Taser on Workers Compensation and suspect injuries. There are too many confounding factors that would render the information nothing more than anecdotal. Response: The Scotts Valley Police Department AGREES. Response: The Watsonville Police Department AGREES. Conclusions
Findings & Recommendations
25 findings
F1:
Leadership in both organizations is stable.
F2:
Both organizations are well entrenched within the community, are efficiently run, and provide valuable services to the community.
F3:
Both organizations maintain a degree of transparency with information readily available through current web site access, printed materials, and media exposure.
F4:
Many grass roots service agencies in the county rely on yearly funding from United Way. However, it is difficult for a new organization to become one of the thirty-three organizations selected for annual funding.
F5:
Since funding by United Way is for a three-year cycle, it is important that evaluations yield accurate information. Scheduled one-hour site evaluations may not provide an accurate assessment.
F6:
The Community Foundation provides an important source of financial assistance to local, stable, 501(c) 3 nonprofits seeking funds for specific projects. It is difficult for young organizations or established non-501 (c) 3 agencies that have no funding source, such as Battered Women’s Task Force, to receive small grant consideration.
F7:
The United Way produces the annual Community Assessment Project (CAP) that provides a broad range of trended and comparative data for the community. In relation to this Grand Jury report, the areas of crime and domestic violence are of import. It is a valuable resource for county organizations and residents.
F8:
The 2005 Santa Cruz County Nonprofit Landscape study underwritten by the Community Foundation is a valuable point-in-time resource that serves the community.
F9:
The broad variety of programs and projects offered by the Community Foundation reflects its philanthropic goal of outreach to the community.
F10:
An overall picture of domestic violence-related funding in a single-source funding document would be useful to the DVC in meeting its goals. Domestic Violence in Santa Cruz County: - 25 Funding
F11:
In an environment of continuing countywide budget constraints, and the continuing growth in the numbers of nonprofits, a study of duplicated services and administrative costs by nonprofit agencies within the county has not occurred. Representatives from the United Way and the Community Foundation would be likely leaders to initiate and/or participate in such a study.
F12:
With no funding source, BWTF is limited in its production of materials.
F13:
Survivors are currently dependent on counselors and/or facilitators to express their concerns, frustrations, and needs. Counselors and/or facilitators may or may not be able to advocate for or have access to other appropriate agencies.
F14:
Representatives of WCS-DdM, WAWC, and BWTF are approved commissioners on the DVC. As providers of direct services to those experiencing domestic violence, their attendance and participation is vital in assisting other DVC commissioners to meet the mandated goals.
F15:
Familia Center is an established, well organized agency that provides a broad array of services for low-income families.
F16:
As an agency trusted by its clients, Familia Center could serve as a referring agency to those needing domestic violence-related services. With no employee training or intake screening tool, an opportunity to screen applicants for domestic violence concerns is missing. Without such a tool, employees may not readily recognize the need for a domestic violence-related referral.
F17:
Parenting classes and childcare centers, provided by Familia Center, are well attended and are strategically located to appeal to clients considering or receiving other domestic violence-related services.
F18:
Offering related services (such as parenting classes) within other established agencies promotes utilization of services, efficient use of space, and is cost-effective by reducing overhead costs.
F19:
The organizations providing direct services to victims of domestic violence rely on volunteers to assist with accomplishing their goals. Domestic Violence in Santa Cruz County: - 37 Direct Services to Survivors
F20:
WCS-DdM, WAWC, BWTF, and Familia Center have a history of collaborating with other community agencies to accomplish their goals and may partner with a specific agency for focused projects.
F21:
It would serve the community if WCS-DdM, WAWC, BWTF, and Familia Center met several times each year to share program offerings, assess programs, discuss potential collaborations, and determine duplicative efforts and costs.
F22:
When interviewing law enforcement agencies, a concern was raised as to differences in restraining orders issued on the same case in both criminal court and family court. The protected person may have exceptions contained in a family law-issued restraining order that would not be reflected in the criminal restraining order due to child visitation outlines. When children are involved, the CLETS Order After Hearing (Form DV-130) has a provision that alerts the responding officer that there is a child visitation agreement out of family court.
F23:
Representatives from the District Attorney’s Office and the Probation Department state that these offices have excellent communication and are working closely to ensure that batterers complete the requirements of Batterers’ Intervention Programs.
F24:
According to the Probation Department, lack of resources to help domestic violence offenders make improvements in their lives is a continuing concern. Children who have witnessed violence in the home can become victims or violent themselves.
F25:
The State Attorney General’s Task Force Report on Domestic Violence (2005) emphasizes the importance of holding batterers accountable. Conclusions
Additional Recommendations
24
Not linked to specific findings.
R1:
CPVAW should address issues of domestic violence so that efforts are equal to those expended on sexual assault.
R2:
CPVAW volunteers are to be commended for their dedication and accomplishments in increasing awareness of domestic violence and sexual assault in the City of Santa Cruz.
R3:
CPVAW should continue to serve the City of Santa Cruz and its citizens by maintaining all current programs and by publicizing the activities of CPVAW in a timely and organized manner.
R4:
CPVAW is to be commended for providing information on domestic violence in Spanish.
R5:
CPVAW should continue to conduct ongoing education about the Safe Place Network with downtown business employees.
R6:
The District Attorney’s Office should report sexual assault and domestic violence case dispositions to CPVAW and DVC regularly rather than requiring a request.
R7:
The 2006-2007 Grand Jury should consider investigating the crime of rape and sexual assault in Santa Cruz County. DVC Recommendations
R8:
DVC volunteers are to be commended for recognizing problems with commission function and organization and taking preliminary steps to remedy them.
R9:
The DVC should establish clear and focused goals and strategies at the beginning of each year and submit them to the Board of Supervisors annually. These goals and objectives should be published on the DVC web site.
R10:
The Board of Supervisors should hold established commissions responsible for achieving goals and objectives and for following their bylaws.
R11:
The DVC should post the annual report to the Board of Supervisors on the county web site along with goals, agendas, and minutes. The DVC should base its annual report to the Board of Supervisors on the achievement of previously stated goals. The web site should be updated with these items in a timely manner. - 18 Domestic Violence in Santa Cruz County: Advisory Commissions
R12:
The DVC should continue to publish the annual Domestic Violence Commission Report to the Community. The 2005-2006 Grand Jury Final Report is a beginning step in evaluating batterers’ intervention programs. The DVC can build on this research to evaluate batterer accountability throughout the legal system. In addition, the report should identify cities making felony and misdemeanor arrests as does the 2003 report rather than just giving totals for the county.
R13:
The Board of Supervisors should guarantee funding for the annual DVC report to the community.
R14:
Domestic violence advisory groups should make sure their literature is in both Spanish and English.
R15:
Individual members of the DVC should insist on compliance with bylaws concerning monthly meetings and attendance. With established goals and productivity as the highest concern, bylaws could be amended if necessary.
R16:
The DVC should consider changing its bylaws to shorten and stagger terms of office to infuse the DVC with fresh ideas and energy.
R17:
The DVC should consider re-establishing an executive committee and identifying these members on the DVC web site. It should also consider increasing the number of officers to share responsibilities.
R18:
The DVC should fill its vacancies and remedy the attendance problem.
R19:
The DVC should consider amending its bylaws to increase the chair’s term of office.
R20:
The DVC should develop an orientation process for new members.
R21:
The DVC should require each member to give an annual presentation on the organization he or she represents to update the commission as a whole.
R22:
Individual members of the DVC should take full advantage of networking opportunities to collaborate, problem solve, and determine whether unaddressed needs of survivors exist.
R23:
The DVC should include information about its subcommittees on the county web site. It should also include progress reports on projects.
R24:
DVC volunteers are to be commended for increasing awareness of domestic violence in Santa Cruz County. Domestic Violence in Santa Cruz County: - 19 Advisory Commissions
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Findings & Recommendations
119 findings
F1:
Main Jail 2. Rountree Medium 3. Rountree Minimum 4. Blaine Street 5. Court Holding 6. Juvenile Hall 7. Camp 45 The first five facilities listed are operated by the Santa Cruz County Sheriff. Juvenile Hall is operated by the Probation Department. The budget for each of these facilities is under the control of the county Board of Supervisors. Camp 45 is operated by the California Department of Corrections, and its budget is under the control of the State of California. Scope The Grand Jury is mandated by California Penal Code § 919(b) to inspect and report on the conditions and management of the jail facilities within the county. To satisfy this mandate, the Criminal Justice Committee of the Grand Jury: • inspected each facility at least once; • spoke with management, staff, and inmates at each facility; - 2 Jails Review • reviewed previous Grand Jury reports, paying particular interest to prior recommendations; • reviewed relevant laws in the California Penal Code and Code of Regulation; • reviewed California Department of Corrections and Rehabilitation inspection reports for each facility. Main Jail The Santa Cruz Main Jail is located at 259 Water Street, across the street from the County Courthouse. Two visits were made. The first visit was during the day on September 29, 2005, and the second visit was in the evening on March 2, 2006. Main Jail Findings 1. On September 29, 2005, the total inmate population was 384. On March 2, 2006, the population was 330. The current rated capacity is 311, with a maximum capacity of 400. The jail population consists of both male and female inmates who have cases pending, have been sentenced, or who are awaiting sentencing. When beds are not available due to overcrowding, temporary beds called “boats” are used.
F2:
All law enforcement agencies must bring newly arrested individuals to the main jail for processing. This process is known as being “booked.” Additionally, all newly booked inmates are shown a video that explains the rules and what the inmate should expect while being housed at the jail. A copy of the video was provided to this Grand Jury for review. The video is available in English and Spanish.
F3:
The County of Santa Cruz had two significant issues of non-compliance issued by the California Department of Corrections. The issues included overcrowding and inadequate staffing.1 Response: Santa Cruz County Board of Supervisors AGREES. Response: Santa Cruz County Sheriff’s Office AGREES. At the direction of the Sheriff, an overcrowding task force was formed in early 2005, which included local Judiciary, Defense Bar, the District Attorney’s Office, Community Based Organizations, Probation, Parole and law enforcement. The Sheriff’s Office also initiated an assessment by the National Institute of Corrections (NIC) with cooperation from the above-mentioned task force members. Since the implementation of NIC recommendations, crowding has been reduced but Main Jail inmate population still exists over the rated capacity on a frequent basis. Working in cooperation with the CAO and the Board of Supervisors, the Sheriff was able to add five Correctional Officer positions to Main Jail staffing in the 2006-07 budget, which had been eliminated 1 California Department of Corrections Inspection Report, November 17, 2005. Jails Review - 3 several years ago due to budget adjustments.
F4:
In the 2004-2005 Santa Cruz County Grand Jury Final Report Jail Review, it was reported that the booking fees per inmate for the fiscal year through April 2005 were $168.00. This fee was paid by each city law enforcement agency, and then each city agency was reimbursed by the State of California. Figures provided by a county analyst reflect that revenue actually collected as of April 2005, was approximately $850,380.00. In May 2005, the booking fee was increased to $211.35. However, due to the change in Government Code § 29550, the county is now only able to bill for half of the actual costs of booking. The actual “reimbursed” booking fee amount is now $105.68. Due to this reduction in reimbursable booking fees, the actual revenue seen in the past year will be lowered by thirty-seven percent. Response: Santa Cruz County Board of Supervisors PARTIALLY AGREES. The 2004-05 booking fee was $168.08. The revenue for the past year was lowered by approximately 30 percent. Response: Santa Cruz County Sheriff’s Office PARTIALLY AGREES. The 2004-05 booking fees were actually $168.08. The actual revenue was lowered thirty percent. California State Sheriffs’ Association, California Chiefs’ of Police Association and the California State Association of Counties are working to seek a legislative solution next year.
F5:
The Grand Jury observed that this facility’s ongoing maintenance was apparent. The smell of fresh paint was in the air, and painting of the inside was reported to be continuous. Inside doors were being upgraded and/or repaired. Plans are in place to renovate the plumbing and shower system in one of the cell block areas. The jail was clean in appearance. Inmates were respectful toward all officers.
F6:
While there are cameras at the main entrance to the jail, surveillance cameras were lacking on the outside of the facility by the vehicle entrance to the booking area. Response: Santa Cruz County Board of Supervisors DISAGREES. Surveillance cameras currently observe all Main Jail perimeter property.
F7:
Visiting rooms, both “non-contact” and “contact” were inspected. Visiting hours for both attorneys and civilians had strict requirements. A survey was sent to ten defense attorney offices in the county soliciting input regarding conditions of the visiting rooms and hours of visiting.2 Soon after that survey, the visiting hours 2 See Appendix. - 4 Jails Review for attorneys were expanded to allow 24-hour access, except at meals. The “non- contact” attorney visiting rooms had been greatly improved. Feedback has been positive. Response: Santa Cruz County Sheriff’s Office AGREES.
F8:
Inmate grievances are reviewed by detention staff. Responses to the inmates’ grievances are made both orally and in writing.
F9:
An upgraded “strip search room” is pending construction. Plans are in progress to enlarge and remodel the kitchen facility. Response: Santa Cruz County Board of Supervisors PARTIALLY AGREES. The strip search room is funded and under construction. A consultant is currently reviewing options for better utilization of the kitchen facilities, including possible remodel options. Response: Santa Cruz County Sheriff’s Office PARTIALLY AGREES. Consultants have been hired to assess potential remodels to include the Medical Housing area (known as “O” Unit) and the Kitchen facility.
Related Recommendations (2)
R1:
The Sheriff’s Department should continue with its improvement projects currently in progress for the renovation of the plumbing, the kitchen, and the “strip search” rooms. Response: Santa Cruz County Sheriff’s Office PARTIALLY AGREES. This recommendation requires further analysis. The “strip search” room is 90% completed. The kitchen and “O” Unit Medical Housing areas are being assessed for upgrade/enlargement.
R16:
Bringing the plumbing and septic system up to modern standards would reduce water usage and laundry services and should be implemented by the Board of Supervisors and the Sheriff. Response: Santa Cruz County Board of Supervisors: Reducing water usage at the Rountree detention complex has been a continuing project that is incrementally proceeding within available funding each fiscal year. Low flow toilets using less water were installed in 2003. Additionally, the County installed a new fresh water storage tank in 2005 at a cost of over $318,000; the tank provides service to the Rountree detention complex, as well as neighboring Public Works facilities and a non-profit group serving developmentally disabled adults. Current work that is underway includes mechanical upgrades to the fresh water well and maintenance of the freshwater tank. While the plumbing system could be upgraded, improvements are being made in an incremental fashion and the situation is not beyond the County’s maintenance capability. Further analyses by an energy consultant has been conducted in 2006 at all detention facilities to seek specific measures for achieving energy and water conservation, with engineering and planning to continue into the next fiscal year. During the plant budget cycle for 07/08, this planning work will be considered in view of both the Sheriff’s Office’s prioritizations for all of their detention sites and available funding for infrastructure projects. Therefore the recommendation requires further analysis. - 20 Jails Review Response: Santa Cruz County Sheriff’s Office AGREES. This recommendation requires further analysis. The Sheriff’s Office is working with County GSD to solve this issue.
F10:
A formal meeting room, once used as a library, is now being used to conduct parole hearings.
F11:
Programs and classes that are available to the inmates include: educational and GED programs, religious services, counseling, anger management, parenting classes, domestic violence classes, and drug and alcohol classes. Attendance is high.
F12:
Prior to inmate placement in a housing unit, strict criteria of classification are followed. This placement process includes: an interview with the inmate to determine criminal sophistication, gender, whether there is a need for the inmate to be in protective custody due to gang affiliation and charges, if the inmate is an escape risk, if the inmate has any physical, medical, or mental health needs.
F13:
Tuberculosis (TB) testing is an optional component of the booking process. Response: Santa Cruz County Board of Supervisors PARTIALLY DISAGREES. Inmates can opt out of TB testing but, in an effort to protect other inmates and employees, they are housed in a negative air-flow room in the medical unit until they opt to be tested. Response: Santa Cruz County Sheriff’s Office DISAGREES. If an inmate refuses to submit to TB testing, he/she will be placed in a negative air-flow room in the medical unit, for preventative reasons, until he/she Jails Review - 5 complies with testing for the safety of other inmates and staff. Exceptions are only authorized via medial staff due to a recent, previous booking which would have included a TB test.
F14:
There was one reported death this year at the jail prior to our first site visit. A copy of the report on this incident was requested from the Sheriff, but has not been provided. Response: Santa Cruz County Sheriff’s Office AGREES. The death-in-custody report is being reviewed by County Counsel and will not be available until notification by County Counsel.
F15:
There have been no escapes in the past year.
F16:
Correctional officers receive twenty-four hours of training each year under the Standard Training for Corrections, which is under the Department of Corrections. This is state-mandated training to review commonly accepted practice and to further educate officers and deputies on changes in the field and in dealing with inmates.
F17:
The Medical Unit treats inmates from all county jail facilities. All medical staff are employed by the county Health Services Agency (HSA), and their budget is approved by the Board of Supervisors.
F18:
A member of the medical staff is on-site twenty-four hours a day, seven days a week. Medical staff includes one physician, registered nurses, unlicensed assistive personnel (UAP), a mental health psychiatric technician, a nurse practitioner, and a medical assistant.
F19:
As stated in previous jail reviews, the nurses’ pay schedule is below what a nurse can earn in the private sector. Detention facility nurses earn $37.00 per hour, while a nurse at a local hospital could earn $51.00 per hour. In December 2005, there were three vacancies for registered nurses. These positions include nursing responsibilities at the Main Jail, Juvenile Hall, and Rountree. Response: Santa Cruz County Board of Supervisors PARTIALLY DISAGREES. The difference in hourly wage reflects, in part, skills that are required of nurses working in a hospital setting (including intravenous insertion, naso-gastric tube placement and telemetry monitoring) that are not required in the detention medical system. A salary review will be completed for all health care positions for the next Memorandum of Understanding negotiations scheduled for September 2007. Presently, there is one .65 FTE RN position vacancy, a decrease from the 3 vacancies in December 2005.
F20:
When an inmate requires medical treatment that cannot be provided by the medical unit, for conditions such as stroke, heart attack, cancer, or broken bones, the inmate is taken by ambulance or patrol car to Dominican Hospital, Doctors - 6 Jails Review on Duty, or the County Health Clinic. The hourly cost for a deputy to transport an inmate is $65.00. The Sheriff’s Department has a contract for services with a private security company to guard hospitalized inmates for $18.08 per hour. Response: Santa Cruz County Board of Supervisors PARTIALLY DISAGREES. The Detention Bureau has a contract for security services with First Alarm at $19.45 per hour for unarmed security and $30.00 per hour for armed security. Response: Santa Cruz County Sheriff’s Office PARTIALLY AGREES. The First Alarm Security contract for private security is: Unarmed $19.45 hr./Armed $30.00 hr. 21. “O” unit is designated for inmates with serious psychiatric problems. Seven of the rooms have video monitoring. One healthcare worker is present in this unit. There is a padded or “rubber” room known as Room 13 that is used to house inmates who are a danger to themselves or others. The room is monitored by video surveillance and physically inspected every fifteen minutes.
F21:
A mutually respectful relationship was consistently observed between the correctional officers and inmates. Medium Security Recommendations 7. The Board of Supervisors and the Health Services Agency should seek reduction of medical transportation and security costs by contracting with appropriate local medical personnel. Contracting with a Physician Assistant or Nurse Practitioner for one day a week (or even an on-call status) would reduce the costs of transportation for non-urgent medical care. Response: Santa Cruz County Board of Supervisors: The recommendation requires further analysis. The medical clinic at the medium security facility is now partially staffed and additional medical staff - 14 Jails Review would be needed to meet medical needs within the facility. The provision of medical staffing at all county detention facilities is evaluated each year as part of the budget discussions between the Sheriff’s Office, the Health Services agency, and the County Administrative Office. This recommendation will be included in the discussions for the 2007-08 budget. In addition, contracting out services currently provided by County employees is a collective bargaining issue and would require negotiation with the General Representation union. Response: Santa Cruz County Sheriff’s Office PARTIALLY AGREES. This recommendation requires further analysis. The Medium facility has a fully functional, modern medical unit, which remains partially staffed. To fully enable this unit would require the addition of two R.N.s, fulltime employees (FTE) and accompanying physician (PA) hours. Implementing this recommendation would also assist narcotic medication distribution issues.
F22:
Inmates who need to take medication receive it in the form of a bubble pack. By taking advantage of this method of dispensing medications to inmates, the jail is able to return any unused medications. The County of Santa Cruz, through the Health and Human Services Agency, has contracted with a company that allows unused medication to be returned. Approximately ten to eighteen percent of the jail population is on psychotropic drugs.
F23:
The jail has been, and continues to be, a no smoking facility.
F24:
The Grand Jury observed that the surrounding grounds were clean and well maintained. Main Jail Conclusions 1. All officers and staff conducted themselves in a professional manner during site inspections.
F25:
The necessity to contract a portion of the laundry services is costly.
F26:
The Grand Jury observed that the four visiting stations were clean and generally well maintained. Appointments for visiting are scheduled in advance and are usually for one hour, two times per week. Visitors cannot be on parole or have been in custody within the past sixty days. Response: Santa Cruz County Board of Supervisors: The County defers to the Sheriff to assess the accuracy of findings related to daily operations.
F27:
A statewide no smoking policy was initiated in all detention facilities in September 2005 and seems to be relatively well accepted. Correctional officers have assisted in facilitating inmate acceptance. Response: Santa Cruz County Board of Supervisors: The County defers to the Sheriff to assess the accuracy of findings related to daily operations.
F28:
There are several small, quiet rooms off a hallway across from the dormitories. Some of the rooms are equipped with a computer, although there is no internet access. The rooms allow for “time-off,” “cooling down,” separation of inmates, or a space to discuss personal problems with a correctional officer. Response: Santa Cruz County Board of Supervisors: The County defers to the Sheriff to assess the accuracy of findings related to daily operations.
F29:
The kitchen area is clean, and meals are sufficient in quantity. Inmates eat in two twenty-minute shifts and are free to sit where they wish in the cafeteria. Vending machines are located in the cafeteria area. - 10 Jails Review Response: Santa Cruz County Board of Supervisors: The County defers to the Sheriff to assess the accuracy of findings related to daily operations.
F30:
The living areas are dormitory style with five bays, each with eleven beds. A correctional officer is present in the dormitory at all times. Response: Santa Cruz County Board of Supervisors: The County defers to the Sheriff to assess the accuracy of findings related to daily operations.
F31:
The SAFE Program (an in-house drug program) has forty allocated beds. The annual budget for the program is $200,000. There were twenty-seven inmates in the program in October and twenty-four in the program in February. Response: Santa Cruz County Board of Supervisors DISAGREES. The SAFE Program was discontinued in June 2006 due to a lack of funding at the State and Federal level. Response: Santa Cruz County Sheriff’s Office AGREES.
F32:
The SAFE Program is voluntary, but has eligibility criteria. Volunteers must complete all four phases of the program, even though it could result in an extension of an inmate’s release date from Medium Security. Response: Santa Cruz County Board of Supervisors DISAGREES. The SAFE Program was discontinued in June 2006 due to a lack of funding at the State and Federal level. Response: Santa Cruz County Sheriff’s Office AGREES.
F33:
Funding for the SAFE Program is in jeopardy. When funding ran out in January 2006, the County of Santa Cruz agreed to fund the program through June. Response: Santa Cruz County Board of Supervisors: As stated above, the SAFE Program was discontinued in June 2006 due to a lack of funding at the State and Federal level. Response: Santa Cruz County Sheriff’s Office PARTIALLY AGREES. Federal and State funding for the SAFE Program ended and was not continued, although the Inmate Welfare Fund/County bridged end-of-fiscal-year funding. Therefore, the SAFE Program officially ended on June 30, 2006. Jails Review - 11 34. Inmates in the SAFE Program have only one opportunity to participate in the program. A discipline problem may result in removal from the program. Response: Santa Cruz County Sheriff’s Office AGREES.
F35:
Several classrooms exist within the facility. Classes offered include: GED, English as a Second Language, Substance Abuse, and Ray of Hope. Meetings include A.A. and anger management. An AIDS class and testing are scheduled quarterly. Response: Santa Cruz County Sheriff’s Office AGREES.
F36:
During the October site visit, inmates were unable to view donated videos due to copyright infringement. The issue had been resolved by the February visit. The inmates now have satellite TV purchased entirely through the inmate welfare fund. Response: Santa Cruz County Board of Supervisors: The County defers to the Sheriff to assess the accuracy of findings related to daily operations.
F37:
Inmates who need frequent medical attention or have chronic conditions such as diabetes mellitus, or psychiatric disorders are, generally, not placed at either Rountree facility. However, on occasion, inmates who take single psychotropic drugs may be placed at either facility if they are considered stable. Response: Santa Cruz County Board of Supervisors PARTIALLY DISAGREES. In the past, inmates that were considered stable might, on occasion, be housed at the medium detention facility. Currently, per Title 15 regulations, inmates who need psychotropic drugs are not placed at the Rountree facility due to the lack of staff that can legally dispense this kind of medication.
F38:
As noted in last year’s Santa Cruz County Grand Jury Final Report, the lack of an on-site nurse precludes inmates who require cardiac, psychotropic drug combinations, or injectable medications from being placed in the medium or minimum security facility. Response: Santa Cruz County Board of Supervisors AGREES.
F39:
No physician comes to the facility. It is reported that a nurse comes to the facility eight hours every day, Monday through Friday, to check and/or replenish medications. The nurse may check an inmate’s temperature and/or blood pressure, if needed. - 12 Jails Review Response: Santa Cruz County Board of Supervisors PARTIALLY DISAGREES. A nurse is on duty 8 hours a day, Tuesday through Friday, for a total of 32 hours per week. The nurse also conducts a routine sick call at which time inmates’ medical requests are triaged and appropriate treatment provided.
F40:
Medications are in bubble packs, kept in an alphabetical file, and are dispensed under the supervision of an officer at mealtime. The process of medication administration involves an inmate identifying himself, removing appropriate medication from the bubble pack, taking the medication, and signing a card to indicate receipt of the medicine. The medicine and files are secured except for meal times. The most common medications are antihistamines, antibiotics, and non-steroidal anti-inflammatory drugs. Response: Santa Cruz County Board of Supervisors AGREES.
F41:
An inmate requiring medical attention must be transported to the Main Jail Facility, Doctors On Duty, or a local emergency room. The costs for transportation, an accompanying officer, and services provided are significant. Response: Santa Cruz County Board of Supervisors AGREES. Response: Santa Cruz County Sheriff’s Office AGREES.
F42:
Inmate dental work is performed at the Main Jail Facility one day a month. Only basic services are rendered such as pulling teeth; fillings and crown work are not considered basic. Transportation costs are incurred. Response: Santa Cruz County Board of Supervisors AGREES.
F43:
Testing for HIV, hepatitis C, tuberculosis, and sexually transmitted diseases is optional. Response: Santa Cruz County Board of Supervisors PARTIALLY DISAGREES. The testing is voluntary for all inmates except for those who want to work in the kitchen.
F44:
Grievance procedures are posted in several areas. Grievances are generally minor. The complaint form is filled out by the inmate and responded to by the subject of the complaint. Typically, the supervisor will review the complaint and subject’s response within several days and will seek a resolution. Jails Review - 13 Response: Santa Cruz County Board of Supervisors: The County defers to the Sheriff to assess the accuracy of findings related to daily operations.
F45:
Depending on the severity of the violation, discipline problems may be handled with a verbal warning, revocation of privileges, or a return to the Main Jail. Response: Santa Cruz County Board of Supervisors: The County defers to the Sheriff to assess the accuracy of findings related to daily operations. Medium Security Conclusions 12. The physical appearance of the facility, including the kitchen and visiting areas, is exemplary.
F47:
Other inmates attend vocational classes on-site, go to Adult Education Computer Assembly and Repair programs in Watsonville, or attend Adult Education GED classes in Watsonville. Response: Santa Cruz County Sheriff’s Office AGREES.
Related Recommendations (2)
R33:
Department of Corrections should continue to seek solutions to affordable housing problems to retain qualified professional staff. Responses requested but not required Entity Findings Recommendations Respond Within California Dept. of 122, 126, 31-33 90 Days Corrections and 129 - 32 Jails Review Rehabilitation (October 1, 2006) Jails Review - 33
R47:
Due to the high cost of living in Santa Cruz County, retaining trained staff has been a problem.
F48:
Educational programs are provided through a contract with the Pajaro Valley Unified School District. Response: Santa Cruz County Sheriff’s Office AGREES.
Related Recommendations (2)
R32:
Department of Corrections staff should reach out to community organizations to obtain donations of appropriate books and learning materials for the educational enrichment of the inmates.
R48:
Additional books for the inmates to read would be a benefit.
F49:
On-site vocational programs include classes about: computer skills development, gardening and landscaping, English as a Second Language, substance abuse (in English and Spanish), anger management, bible study, and an animal bonding program. Response: Santa Cruz County Board of Supervisors: The County defers to the Sheriff to assess the accuracy of findings related to daily operations. Response: Santa Cruz County Sheriff’s Office AGREES.
F50:
An immensely popular series of vocational courses includes auto body, advanced auto body, auto detailing, and auto paint mixing. This series has been in existence since 1979. It commonly has a waiting list of thirty applicants. Response: Santa Cruz County Board of Supervisors: The County defers to the Sheriff to assess the accuracy of findings related to daily operations. Response: Santa Cruz County Sheriff’s Office AGREES.
F51:
Each of the programs/classes requires a certain number of hours (150-350) of participation in order to earn a certificate. Response: Santa Cruz County Board of Supervisors: Jails Review - 17 The County defers to the Sheriff to assess the accuracy of findings related to daily operations. Response: Santa Cruz County Sheriff’s Office AGREES.
F52:
Certificates earned by an inmate may be a consideration when an inmate requests a modification of sentence. Response: Santa Cruz County Board of Supervisors: The County defers to the Sheriff to assess the accuracy of findings related to daily operations. Response: Santa Cruz County Sheriff’s Office AGREES.
F53:
A separate bicycle refurbishing program was started in 1998 in cooperation with a local Marines Toys for Tots program. The Marines purchase parts for the bikes and inmates refurbish eighty to one hundred bicycles per year. Marines then distribute the bikes to children and teens in the Santa Cruz area. Response: Santa Cruz County Board of Supervisors: The County defers to the Sheriff to assess the accuracy of findings related to daily operations. Response: Santa Cruz County Sheriff’s Office AGREES.
F54:
The facility is partially sustained by inmates who are responsible for a portion of the laundry service, maintenance of all buildings, and landscaping services. Response: Santa Cruz County Sheriff’s Office AGREES.
F55:
The plumbing and septic systems are using outdated seven-gallon flush toilets. Due to the older plumbing system, some of the laundry must be contracted out to prevent system overload. Response: Santa Cruz County Sheriff’s Office AGREES. The toilets are mid 1970 vintage units along with same era shower/sink fixtures, which leak water. Replacing those fixtures with low-flow units would save water, septic space and reduce our demand for outsourced laundry services.
F56:
There is no perimeter fence on the thirty-acre site between the facility and residential neighborhoods. - 18 Jails Review Response: Santa Cruz County Sheriff’s Office AGREES.
F57:
Inmates are screened and selected for the minimum facility based on interviews with the Sheriff’s Department correctional officers to determine appropriate fit. Response: Santa Cruz County Sheriff’s Office AGREES.
F58:
In the past four years, escapes (walkaways) have been reduced in number from thirty-three per year to nine per year. Response: Santa Cruz County Sheriff’s Office AGREES.
F59:
Within the past year, cameras that monitor the facilities and grounds have been upgraded from black and white to color, but are still too limited in their range and clarity, according to detention staff. Response: Santa Cruz County Sheriff’s Office AGREES. Cameras at both the Medium and Minimum facilities do not currently monitor the direct supervision units. Minimum Security Conclusions 22. The facility offers a substantial number of quality vocational programs.
F61:
The inmate population is often from the community transient population. When discharged, most inmates have no permanent residence.
F62:
The average monthly inmate population is twenty-seven. On October 13, 2005, the population was twenty-eight and on March 2, 2006, the population was thirty-two.
F63:
There were two escapes last year. If an inmate walks away from the facility, she is charged with the crime of escape. The facility has a no-chase policy on escapes in progress.
F64:
There is one correctional officer on duty each shift. The facility is supervised by a Supervising Correctional Officer.
Related Recommendations (1)
R2:
The Board of Supervisors should review nurses’ salaries and consider pay increases to attract and retain competent staff. Response: Santa Cruz County Board of Supervisors: The recommendation will be implemented. County salaries and benefits are regularly reviewed as a part of negotiations in the various budget units.
F65:
The Grand Jury observed that staff and inmates show mutual respect to each other while at the facility.
Related Recommendations (7)
R6:
Jail administrators and staff should be commended for their professionalism in managing day-to-day duties and keeping up with modern advances in running an efficient, secure facility. Response: Santa Cruz County Board of Supervisors: The County appreciates the Grand Jury’s comments.
R13:
Staff should be commended by the Board of Supervisors for their knowledge, professionalism, display of genuine concern for inmates, and the conscientious manner in which they fulfill their duties. Response: Santa Cruz County Board of Supervisors: The County appreciates the Grand Jury’s comments.
R18:
Staff should be commended for their success in screening and inmate placement. Response: Santa Cruz County Board of Supervisors: The County appreciates the Grand Jury’s comments. Response: Santa Cruz County Sheriff’s Office AGREES. This recommendation has been implemented.
R20:
Staff is to be commended by the Board of Supervisors for their organization of programs, work-release scheduling, and dedication to the goals of operating a safe, structured, but humane facility. Jails Review - 21
R21:
The Board of Supervisors should commend the staff for their professionalism.
R24:
The Board of Supervisors should commend the staff for their professionalism.
R31:
Department of Corrections staff should continue to meet with neighborhood and community organizations and be an active partner in the community.
F66:
The Grand Jury observed that the grounds and facility are well maintained.
F67:
The Grand Jury observed that kitchen facilities were clean and appeared adequate despite their non-institutional design. Meals are prepared by inmate kitchen staff. - 22 Jails Review 68. Inmates at this facility can work in the kitchen at the main jail and learn food preparation job skills.
Related Recommendations (4)
R12:
The Sheriff should remain open to the addition of vocational classes that build self-esteem and facilitate preparation for employment and re-entry into society. Response: Santa Cruz County Sheriff’s Office AGREES. This recommendation has not yet been implemented. The Sheriff’s Office remains open and committed to inmate rehabilitation despite funding challenges.
R14:
The Sheriff should continue all vocational programs and work-release opportunities and should remain open to the addition of vocational programs that prepare for employment. Response: Santa Cruz County Board of Supervisors: The County defers to the Sheriff to evaluate this recommendation. Response: Santa Cruz County Sheriff’s Office AGREES. Jails Review - 19 This recommendation has been implemented.
R19:
Staff should be commended for offering a variety of programs leading to potential future employment, self-esteem, and community benefit. Response: Santa Cruz County Board of Supervisors: The County appreciates the Grand Jury’s comments. Response: Santa Cruz County Sheriff’s Office AGREES. This recommendation has been implemented.
R23:
The Sheriff should solicit additional job training classes from educational, professional, and community organizations to help inmates be successful upon their return to the community. - 24 Jails Review Response: Santa Cruz County Sheriff’s Office PARTIALLY AGREES. This recommendation has been implemented. Inmate programs are vital to the County Jail system. Inmate programs are paid for through the Inmate Welfare Fund (IWF). The IWF is principally paid from the profit of inmate commissary and phone contracts. Due to a declining IWF, inmate program contracts are continually scrutinized to derive the greatest benefit for the most inmates as possible.
F69:
Inmates serve as Kitten Foster Parents, in cooperation with the Animal Shelter, caring for kittens until they are old enough to be placed for adoption.
Related Recommendations (2)
R19:
Staff should be commended for offering a variety of programs leading to potential future employment, self-esteem, and community benefit. Response: Santa Cruz County Board of Supervisors: The County appreciates the Grand Jury’s comments. Response: Santa Cruz County Sheriff’s Office AGREES. This recommendation has been implemented.
R49:
The camp provides a service to the community. Camp 45 Recommendations
F70:
Inmates attending GED classes must be transported to the Adult Education campus in Santa Cruz as there are not sufficient numbers of students to qualify for on-site teaching.
F71:
Inmates and staff are not permitted to smoke at this facility.
Related Recommendations (2)
R5:
TB testing for newly booked inmates should be mandatory. Funding should be provided by the Board of Supervisors and testing implemented by the Health Services Agency. Response: Santa Cruz County Board of Supervisors: The recommendation has been implemented. TB testing is required for all inmates. Those that refuse are placed in negative air-flow rooms, to protect the health of other inmates and employees, until they opt to be tested. Response: Santa Cruz County Sheriff’s Office PARTIALLY AGREES. This recommendation has been implemented. Mandatory testing is occurring for newly booked inmates. Those inmates that refuse are housed in negative air- flow rooms until they comply due to the contagious nature of TB.
R10:
Given the close proximity of inmates and the ease of air-borne transmission, tuberculosis testing by the Health Services Agency should be mandatory and incorporated into the booking process by the Sheriff. Jails Review - 15 Response: Santa Cruz County Board of Supervisors: The recommendation has been implemented.
F72:
Drugs and other prohibited items can be easily introduced into the facility by throwing them over the fence from the public sidewalk. Response: Santa Cruz County Board of Supervisors PARTIALLY DISAGREES. As a result of the minimum security setting, more frequent foot patrols are scheduled at this facility.
Related Recommendations (2)
R15:
The Board of Supervisors needs to be aware of and reduce potential liability for the county by installing a fence to secure the grounds. Response: Santa Cruz County Board of Supervisors: The Department of General Services and the Sheriff’s Office are currently in
R22:
Additional fencing that would not distract from the neighborhood setting should be considered by the Sheriff, with sufficient funding provided by the Board of Supervisors, to reduce the introduction of drugs and other prohibited items into the facility. Response: Santa Cruz County Board of Supervisors: The Sheriff’s Office – Detention Bureau and the General Services Department are currently discussing practical options for security fencing at the Blaine Street detention facility. Due to the facility’s location in a residential neighborhood, careful consideration needs to be given to design features and their associated impact on the immediate neighborhood environment. Any recommendation for a change in fencing will be considered in view of both the Sheriff’s Office’s prioritizations for ensuring operational security at all of their detention sites and the County’s available funding for infrastructure projects in a given fiscal year. During the plant budget cycle for 07/08, modification or replacement of existing fencing at the Blaine Street detention facility will be included for evaluation as a potential project. Therefore the recommendation requires further analysis.
F73:
On-site programs available to inmates include: • Alcoholics Anonymous • Narcotics Anonymous • computer skills class • parenting skills class • literacy skills • yoga instruction 74. Job skills training is minimal. The only training available is in the areas of computer skills and kitchen skills. Response: Santa Cruz County Sheriff’s Office PARTIALLY AGREES. Women inmates do not have a Medium Facility, which limits the transition and number of inmates who can successfully populate the Blaine Street Facility. Additionally, female Minimum Facility inmates have the same program opportunities as men, except for auto body and computer repair classes due to facility/transport issues.
Related Recommendations (5)
R8:
The Sheriff should weigh the cost-effectiveness of the SAFE program (lacking outcome statistics) against other needs at the facility. Response: Santa Cruz County Board of Supervisors: The County defers to the Sheriff to respond to this recommendation. Response: Santa Cruz County Sheriff’s Office AGREES. This recommendation has been implemented. The SAFE Program ended June 2006 due to lack of funding.
R12:
The Sheriff should remain open to the addition of vocational classes that build self-esteem and facilitate preparation for employment and re-entry into society. Response: Santa Cruz County Sheriff’s Office AGREES. This recommendation has not yet been implemented. The Sheriff’s Office remains open and committed to inmate rehabilitation despite funding challenges.
R14:
The Sheriff should continue all vocational programs and work-release opportunities and should remain open to the addition of vocational programs that prepare for employment. Response: Santa Cruz County Board of Supervisors: The County defers to the Sheriff to evaluate this recommendation. Response: Santa Cruz County Sheriff’s Office AGREES. Jails Review - 19 This recommendation has been implemented.
R19:
Staff should be commended for offering a variety of programs leading to potential future employment, self-esteem, and community benefit. Response: Santa Cruz County Board of Supervisors: The County appreciates the Grand Jury’s comments. Response: Santa Cruz County Sheriff’s Office AGREES. This recommendation has been implemented.
R23:
The Sheriff should solicit additional job training classes from educational, professional, and community organizations to help inmates be successful upon their return to the community. - 24 Jails Review Response: Santa Cruz County Sheriff’s Office PARTIALLY AGREES. This recommendation has been implemented. Inmate programs are vital to the County Jail system. Inmate programs are paid for through the Inmate Welfare Fund (IWF). The IWF is principally paid from the profit of inmate commissary and phone contracts. Due to a declining IWF, inmate program contracts are continually scrutinized to derive the greatest benefit for the most inmates as possible.
F75:
The recidivism rate is high for inmates at this facility, as many do not have a residence to return to or do not have useful job skills. Response: Santa Cruz County Sheriff’s Office PARTIALLY DISAGREES. Recidivism is a complex societal issue. A substantial portion of female inmates have ongoing substance abuse issues. Statewide statistics are showing an increasing trend of female inmates on a county level. Santa Cruz County female inmate incarceration statistics are within average ratios for similar county Jails Review - 23 censuses. The Probation Department and community-based organizations are trying to provide resources for successful transitions to the community.
F76:
The facility passed inspection by the California Department of Corrections and Rehabilitation.
Related Recommendations (2)
R7:
The Board of Supervisors and the Health Services Agency should seek reduction of medical transportation and security costs by contracting with appropriate local medical personnel. Contracting with a Physician Assistant or Nurse Practitioner for one day a week (or even an on-call status) would reduce the costs of transportation for non-urgent medical care. Response: Santa Cruz County Board of Supervisors: The recommendation requires further analysis. The medical clinic at the medium security facility is now partially staffed and additional medical staff - 14 Jails Review would be needed to meet medical needs within the facility. The provision of medical staffing at all county detention facilities is evaluated each year as part of the budget discussions between the Sheriff’s Office, the Health Services agency, and the County Administrative Office. This recommendation will be included in the discussions for the 2007-08 budget. In addition, contracting out services currently provided by County employees is a collective bargaining issue and would require negotiation with the General Representation union. Response: Santa Cruz County Sheriff’s Office PARTIALLY AGREES. This recommendation requires further analysis. The Medium facility has a fully functional, modern medical unit, which remains partially staffed. To fully enable this unit would require the addition of two R.N.s, fulltime employees (FTE) and accompanying physician (PA) hours. Implementing this recommendation would also assist narcotic medication distribution issues.
R9:
As recommended in the 2004-2005 Santa Cruz County Grand Jury Final Report, to alleviate overcrowding at the main jail, the Health Services Agency should consider employing an on-site registered nurse to facilitate the transfer of lower risk main jail inmates who require medication or monitoring of chronic conditions to the Rountree Medium Facility. Appropriate funding should be included in the budget by the Board of Supervisors. Response: Santa Cruz County Board of Supervisors: Overcrowding issues, including detention health services, are addressed at regular meetings of the Jail Overcrowding Committee. Due to the complexity of the overcrowding issue, it is not anticipated that detention medical staffing will be resolved in the timeframe suggested by the Grand Jury. This recommendation requires further analysis and will be considered as part of budget deliberations.
F77:
Inmates are housed in two-person bedrooms that were observed to be clean and well organized. Blaine Street Conclusions 29. The facility is operated by a professional staff.
Related Recommendations (7)
R2:
The Board of Supervisors should review nurses’ salaries and consider pay increases to attract and retain competent staff. Response: Santa Cruz County Board of Supervisors: The recommendation will be implemented. County salaries and benefits are regularly reviewed as a part of negotiations in the various budget units.
R6:
Jail administrators and staff should be commended for their professionalism in managing day-to-day duties and keeping up with modern advances in running an efficient, secure facility. Response: Santa Cruz County Board of Supervisors: The County appreciates the Grand Jury’s comments.
R13:
Staff should be commended by the Board of Supervisors for their knowledge, professionalism, display of genuine concern for inmates, and the conscientious manner in which they fulfill their duties. Response: Santa Cruz County Board of Supervisors: The County appreciates the Grand Jury’s comments.
R18:
Staff should be commended for their success in screening and inmate placement. Response: Santa Cruz County Board of Supervisors: The County appreciates the Grand Jury’s comments. Response: Santa Cruz County Sheriff’s Office AGREES. This recommendation has been implemented.
R20:
Staff is to be commended by the Board of Supervisors for their organization of programs, work-release scheduling, and dedication to the goals of operating a safe, structured, but humane facility. Jails Review - 21
R21:
The Board of Supervisors should commend the staff for their professionalism.
R24:
The Board of Supervisors should commend the staff for their professionalism.
F79:
The facility consists of five large concrete rooms for holding inmates.
F80:
Between forty and fifty inmates per day pass through the facility.
F81:
Inmates may change into personal clothing before appearance at a jury trial.
F82:
Holding rooms are monitored by video surveillance.
Related Recommendations (4)
R4:
Potential liability could be reduced by upgrading surveillance cameras for the areas around the jail and garage/booking area. These upgrades should be budgeted by the Board of Supervisors and implemented by the Sheriff. Response: Santa Cruz County Board of Supervisors: - 8 Jails Review The recommendation will not be implemented because the existing surveillance cameras provide the necessary security.
R17:
Upgrading camera and monitoring equipment would contribute to officer and inmate safety and security of the facility. Sufficient funding should be provided by the Board of Supervisors and implemented by the Sheriff. Response: Santa Cruz County Board of Supervisors: The recommendation has not yet been implemented. The County plans to move forward with the upgrade of the exterior of the minimum security facility (interior lighting is adequate) and is currently reviewing the project in terms of implementation options and cost. It is anticipated that the necessary information will be gathered this year with implementation likely in 2007-08. Response: Santa Cruz County Sheriff’s Office AGREES. This recommendation has not yet been implemented. The Sheriff’s Office is working within the fiscal year budget to upgrade camera-monitoring systems.
R25:
Sufficient funding should be provided by the Board of Supervisors for the Sheriff to enhance the video surveillance capabilities to provide better security for the public and staff in and around the facility. Response: Santa Cruz County Board of Supervisors DISAGREES. The recommendation will not be implemented by the County because the Superior Court is responsible for security upgrades in the Court holding facility. Response: Santa Cruz County Sheriff’s Office DISAGREES. This recommendation will not be recommended because it is not warranted or is unreasonable. The Court Security budget is funded by a state contract with the Superior court of California, County of Santa Cruz. Any security upgrades are facilitated through agreement with the Superior Court CEO, in cooperation with the Judicial Officers.
R26:
Sufficient money should be budgeted by the Board of Supervisors to upgrade the security system with emphasis on video monitoring, electronic security doors, and the necessary infrastructure upgrades. This recommendation was made by the Santa Cruz County Grand Jury in 2003, 2004, and 2005. The county agreed with the recommendation, but it has not yet been implemented. Response: Santa Cruz County Board of Supervisors and the Probation Department: Jails Review - 29 This recommendation is being implemented. The Probation Department, along with General Services, is currently working with security consultants in planning for the recommended infrastructure upgrades. The project has been divided into stages, with the video camera upgrades to be completed first.
F83:
There is no video surveillance covering the outside entrance to the facility or the stairwell leading to the courts. Response: Santa Cruz County Board of Supervisors DISAGREES. Jails Review - 25 The Court Holding Facility at 701 Ocean Street currently has video surveillance that covers the outside entrance, inside the stairwell, hallways and single point entry. Response: Santa Cruz County Sheriff’s Office DISAGREES. The entrance to the Court Security Holding area and the stairwell leading to the courts are monitored by video surveillance.
Related Recommendations (4)
R4:
Potential liability could be reduced by upgrading surveillance cameras for the areas around the jail and garage/booking area. These upgrades should be budgeted by the Board of Supervisors and implemented by the Sheriff. Response: Santa Cruz County Board of Supervisors: - 8 Jails Review The recommendation will not be implemented because the existing surveillance cameras provide the necessary security.
R17:
Upgrading camera and monitoring equipment would contribute to officer and inmate safety and security of the facility. Sufficient funding should be provided by the Board of Supervisors and implemented by the Sheriff. Response: Santa Cruz County Board of Supervisors: The recommendation has not yet been implemented. The County plans to move forward with the upgrade of the exterior of the minimum security facility (interior lighting is adequate) and is currently reviewing the project in terms of implementation options and cost. It is anticipated that the necessary information will be gathered this year with implementation likely in 2007-08. Response: Santa Cruz County Sheriff’s Office AGREES. This recommendation has not yet been implemented. The Sheriff’s Office is working within the fiscal year budget to upgrade camera-monitoring systems.
R25:
Sufficient funding should be provided by the Board of Supervisors for the Sheriff to enhance the video surveillance capabilities to provide better security for the public and staff in and around the facility. Response: Santa Cruz County Board of Supervisors DISAGREES. The recommendation will not be implemented by the County because the Superior Court is responsible for security upgrades in the Court holding facility. Response: Santa Cruz County Sheriff’s Office DISAGREES. This recommendation will not be recommended because it is not warranted or is unreasonable. The Court Security budget is funded by a state contract with the Superior court of California, County of Santa Cruz. Any security upgrades are facilitated through agreement with the Superior Court CEO, in cooperation with the Judicial Officers.
R26:
Sufficient money should be budgeted by the Board of Supervisors to upgrade the security system with emphasis on video monitoring, electronic security doors, and the necessary infrastructure upgrades. This recommendation was made by the Santa Cruz County Grand Jury in 2003, 2004, and 2005. The county agreed with the recommendation, but it has not yet been implemented. Response: Santa Cruz County Board of Supervisors and the Probation Department: Jails Review - 29 This recommendation is being implemented. The Probation Department, along with General Services, is currently working with security consultants in planning for the recommended infrastructure upgrades. The project has been divided into stages, with the video camera upgrades to be completed first.
F84:
The facility was found to be clean and well maintained. Court Holding Facility Conclusions 34. The facility is well organized and operated in an efficient manner.
F86:
Approximately seventy-nine percent of the population is juvenile boys and twelve percent is juvenile girls.
F87:
Sixty percent of staff are bilingual.
Related Recommendations (1)
R11:
The Sheriff should increase bilingual staff at the next hiring opportunity. Response: Santa Cruz County Sheriff’s Office AGREES. This recommendation has been implemented.
F88:
The average stay is five days. This figure is down from 10.6 days in 2002.
F89:
Juvenile Hall has passed inspections by the California Department of Corrections, County of Santa Cruz Environmental Health Services, Scotts Valley Fire Protection District, Superior Court of California, and the Santa Cruz County Juvenile Justice and Delinquency Prevention Commission.
F90:
The County of Santa Cruz was found to be delinquent in conducting the mandated medical/mental health inspections. Response: Santa Cruz County Board of Supervisors and the Probation Department AGREE.
Related Recommendations (1)
R29:
The Probation Department should ensure that medical/mental health inspections (as with all other mandated inspections) are conducted in a timely fashion. Response: Santa Cruz County Board of Supervisors and the Probation Department: This recommendation has been implemented. The Juvenile Hall medical and mental health components were inspected on June 27, 2006, and in the future will be inspected each year on a regular schedule.
F91:
Wards are housed in two units, one of which houses more criminally sophisticated wards. The units are connected by a common hallway.
F92:
Wards are housed in private rooms that are small but contain necessary personal features. Wards spend most of their day outside their rooms.
F93:
Upon intake, wards are given an orientation on the rules of the facility and the consequences of a violation. Rules are also posted on bulletin boards.
F94:
Grievances can be filed and placed in a grievance box that is checked daily.
F95:
Parents are charged a daily fee of $24 while their child is housed at Juvenile Hall.
Related Recommendations (1)
R3:
The projected loss of revenue due to the decrease in booking fees collected and the impact that it will have on the jail and jail staff should be addressed by the Board of Supervisors and the Sheriff. Response: Santa Cruz County Board of Supervisors: The recommendation will be implemented as part of budget preparation. Response: Santa Cruz County Sheriff’s Office AGREES. This recommendation requires further analysis. Since this issue affects all 58 California Counties, a legislative solution is being pursued.
F96:
Local law enforcement agencies are not charged a booking fee. There is a local protocol for booking criteria. Jails Review - 27 97. A Grand Jury inspection showed the grounds and facility to be clean and well maintained.
F98:
The outside exercise area is considered too small by current state standards, and the facility does not have a gymnasium or covered (shaded) courtyard. The facility is exempted from conforming due to its age.
Related Recommendations (1)
R28:
Sufficient money should be budgeted by the Board of Supervisors for the construction of a covering over the courtyard area which would provide an exercise area during poor weather conditions. Response: Santa Cruz County Board of Supervisors: A covering over the courtyard is also very costly, and, as indicated above, is included on the list of improvements that are being implemented over time. Therefore this recommendation requires further analysis and will be implemented.
F99:
Staff and wards continue to complain of poor heating and air conditioning within the facility. Response: Santa Cruz County Board of Supervisors AGREES.
Related Recommendations (2)
R27:
Sufficient money should be budgeted by the Board of Supervisors to upgrade the heating and ventilation system at Juvenile Hall. This recommendation was also made by the Santa Cruz County Grand Jury in 2003 and 2005. The county agreed with the recommendation, but it also has not yet been implemented. Response: Santa Cruz County Board of Supervisors: A replacement heating/ventilation system is very costly and, as indicated above, is included on the list of improvements that are being implemented over time. Therefore this recommendation requires further analysis and will be implemented.
R30:
The Board of Supervisors should commend the Probation Department and Juvenile Hall staff for their professionalism and their dedication to the community. Response: The Santa Cruz County Board of Supervisors: The County appreciates the Grand Jury’s comments. - 30 Jails Review Response required Entity Findings Recommendations Respond Within Santa Cruz County 90, 26, 27, 28, 30 60 Days Board of 99-101 (September 1, Supervisors 2006) Santa Cruz County 90 29 90 Days Probation Dept. (October 1, 2006) Camp 45 Camp 45 is located at 13575 Empire Grade Road in Santa Cruz and is operated by the California Department of Corrections and Rehabilitation. It opened in June 2005 as a prison camp to house low-risk adult male prisoners. The facility was previously operated by the California Youth Authority from 1947 to 2005. Camp 45 is a satellite facility of the California State Prison, Susanville, and is a minimum security facility that is operated as a fire conservation camp in cooperation with the California Department of Forestry and Fire Protection (CDF). Camp 45 is operated by the State of California and is, therefore, not obligated to respond to the Santa Cruz County Grand Jury, but it is invited to do so. Camp 45 Findings
F100:
According to staff, the video monitoring system is old and inadequate. Response: Santa Cruz County Board of Supervisors AGREES.
F101:
Most doors are secured by key-locking systems that can cause a delay during an emergency response. Response: Santa Cruz County Board of Supervisors PARTIALLY DISAGREES. While most doors are secured by key-locking systems, we do not agree that the system causes a significant delay in an emergency.
F102:
The food facilities were clean and appeared adequate. Food Services passed the Nutritional Health Evaluation.
F103:
Nursing services are available seven days a week. There is one mental health therapist to every four wards. Medications are administered in the morning and evening. A physician assistant is present one time per week as is a physician.
F104:
The County Office of Education provides educational services at Juvenile Hall. The school is named Robert A. Hartman School, and was one of only a few detention facility schools that received a six-year accreditation from the Western Association of Schools and Colleges (WASC).
F105:
The Probation Department continues to operate the Oasis Program that offers home supervision and encourages pro-social activities. The program reports a ninety percent success rate.
F106:
National studies have shown it is more beneficial to return offending juveniles back to their community than detaining them in secure detention facilities such as Juvenile Hall.
F107:
Santa Cruz County Juvenile Hall was selected as the model site in the nation for small counties in the elimination of unnecessary use of secure detention of juveniles. Model sites for larger counties were in Chicago, Oregon, and New Mexico.
F108:
Santa Cruz County is prominently featured in a DVD produced by the Annie E. Casey Foundation documenting the power and effectiveness of juvenile detention alternatives to better protect public safety, help kids in trouble, and save taxpayer dollars. - 28 Jails Review 109. Juvenile Hall provides many programs to enrich the wards such as Barrios Unidos, yoga, substance abuse counseling, writing, and poetry instruction.
F110:
The poetry program is immensely popular among the wards and offers them instruction in the writing arts. It gives participants the opportunity to have their writing published in a weekly newsletter published by Pacific News Service. This program provides a therapeutic opportunity and builds self-esteem.
F111:
There have been no escapes from Juvenile Hall during the last year.
F112:
The Board of Supervisors appoints qualified members of the community to the Santa Cruz County Juvenile Justice and Delinquency Prevention Commission, which is charged with monitoring the practices and performance of staff at Juvenile Hall and recommend changes.
F113:
This commission’s report reflects that Santa Cruz County has one of the most highly regarded juvenile justice systems in the country. Juvenile Hall Conclusions 36. Juvenile Hall is well managed and operated by a professional and caring staff.
F115:
The average daily population was 102 for the first quarter and 107 for the second quarter.
F116:
As of December 13, 2005, there had been only one escape (walk-away).
F117:
Most inmates have less than one year remaining on their sentence. For every day working in a program or on a fire crew, an inmate receives credit for two days served.
F118:
Inmates convicted of a crime of violence and verified prison gang members are not permitted to serve time at a camp.
F119:
No inmates from Santa Cruz County are permitted to serve time at this camp.
F120:
Probable cause and random drug testing is performed one to four times a month.
F121:
After an inmate is assigned to the camp, he must participate in a one-week physical fitness training program and then attend a fire fighting school. Upon successful completion of these two programs, he is assigned to a fire crew led by a CDF captain.
F122:
In preparation for opening the facility, staff met with local residents and agreed to notify local homeowners’ associations and schools of any escapes. Jails Review - 31 123. Only non-prescription products are available unless specific medication is prescribed by a physician. Inmates with more serious medical problems are either taken to a local medical facility or returned to their original institution for treatment.
F124:
During the off season, fire crews are sent out to schools, parks, and other facilities to perform vegetation removal.
F125:
There is a pre-release class to help inmates prepare for their return to society.
F126:
In the first five months of operation, four staff members transferred from the camp due to the high cost of living in the area and lack of family living quarters. To maintain minimum staffing, correctional officers often work overtime or must be brought in temporarily from other institutions.
F127:
Staff reported the recidivism rate is lower from camps than standard institutions.
F128:
There were no reported assaults on correctional officers. Inmate violation of rules can result in loss of privileges or immediate return to their original institution, depending on severity.
F129:
Due to the newness of the facility, there were few books and educational materials in the library for inmates to read.
F130:
A Grand Jury inspection showed that the grounds and facilities were very clean and well maintained. Camp 45 Conclusions 46. The facility is operated by a conscientious and professional staff.
Additional Recommendations
1
Not linked to specific findings.
R46:
The facility is operated by a conscientious and professional staff.
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Additional Recommendations
37
Not linked to specific findings.
R1:
The Sheriff’s Department should continue with its improvement projects currently in progress for the renovation of the plumbing, the kitchen, and the “strip search” rooms.
R2:
The Board of Supervisors should review nurses’ salaries and consider pay increases to attract and retain competent staff.
R3:
The projected loss of revenue due to the decrease in booking fees collected and the impact that it will have on the jail and jail staff should be addressed by the Board of Supervisors and the Sheriff.
R4:
Potential liability could be reduced by upgrading surveillance cameras for the areas around the jail and garage/booking area. These upgrades should be budgeted by the Board of Supervisors and implemented by the Sheriff. - 6 Jails Review
R5:
TB testing for newly booked inmates should be mandatory. Funding should be provided by the Board of Supervisors and testing implemented by the Health Services Agency.
R6:
Jail administrators and staff should be commended for their professionalism in managing day-to-day duties and keeping up with modern advances in running an efficient, secure facility.
R7:
The Board of Supervisors and the Health Services Agency should seek reduction of medical transportation and security costs by contracting with appropriate local medical personnel. Contracting with a Physician Assistant or Nurse Practitioner for one day a week (or even an on-call status) would reduce the costs of transportation for non-urgent medical care.
R8:
The Sheriff should weigh the cost-effectiveness of the SAFE program (lacking outcome statistics) against other needs at the facility.
R9:
As recommended in the 2004-2005 Santa Cruz County Grand Jury Final Report, to alleviate overcrowding at the main jail, the Health Services Agency should consider employing an on-site registered nurse to facilitate the transfer of lower risk main jail inmates who require medication or monitoring of chronic conditions to the Rountree Medium Facility. Appropriate funding should be included in the budget by the Board of Supervisors.
R10:
Given the close proximity of inmates and the ease of air-borne transmission, tuberculosis testing by the Health Services Agency should be mandatory and incorporated into the booking process by the Sheriff.
R11:
The Sheriff should increase bilingual staff at the next hiring opportunity.
R12:
The Sheriff should remain open to the addition of vocational classes that build self-esteem and facilitate preparation for employment and re-entry into society.
R13:
Staff should be commended by the Board of Supervisors for their knowledge, professionalism, display of genuine concern for inmates, and the conscientious manner in which they fulfill their duties. - 10 Jails Review
R14:
The Sheriff should continue all vocational programs and work-release opportunities and should remain open to the addition of vocational programs that prepare for employment.
R15:
The Board of Supervisors needs to be aware of and reduce potential liability for the county by installing a fence to secure the grounds.
R16:
Bringing the plumbing and septic system up to modern standards would reduce water usage and laundry services and should be implemented by the Board of Supervisors and the Sheriff.
R17:
Upgrading camera and monitoring equipment would contribute to officer and inmate safety and security of the facility. Sufficient funding should be provided by the Board of Supervisors and implemented by the Sheriff.
R18:
Staff should be commended for their success in screening and inmate placement.
R19:
Staff should be commended for offering a variety of programs leading to potential future employment, self-esteem, and community benefit. Jails Review - 13
R20:
Staff is to be commended by the Board of Supervisors for their organization of programs, work-release scheduling, and dedication to the goals of operating a safe, structured, but humane facility.
R21:
The Board of Supervisors should commend the staff for their professionalism.
R22:
Additional fencing that would not distract from the neighborhood setting should be considered by the Sheriff, with sufficient funding provided by the Board of Supervisors, to reduce the introduction of drugs and other prohibited items into the facility.
R23:
The Sheriff should solicit additional job training classes from educational, professional, and community organizations to help inmates be successful upon their return to the community.
R24:
The Board of Supervisors should commend the staff for their professionalism.
R25:
Sufficient funding should be provided by the Board of Supervisors for the Sheriff to enhance the video surveillance capabilities to provide better security for the public and staff in and around the facility.
R26:
Sufficient money should be budgeted by the Board of Supervisors to upgrade the security system with emphasis on video monitoring, electronic security doors, and the necessary infrastructure upgrades. This recommendation was made by the Santa Cruz County Grand Jury in 2003, 2004, and 2005. The county agreed with the recommendation, but it has not yet been implemented.
R27:
Sufficient money should be budgeted by the Board of Supervisors to upgrade the heating and ventilation system at Juvenile Hall. This recommendation was also made by the Santa Cruz County Grand Jury in 2003 and 2005. The county agreed with the recommendation, but it also has not yet been implemented.
R28:
Sufficient money should be budgeted by the Board of Supervisors for the construction of a covering over the courtyard area which would provide an exercise area during poor weather conditions.
R29:
The Probation Department should ensure that medical/mental health inspections (as with all other mandated inspections) are conducted in a timely fashion.
R30:
The Board of Supervisors should commend the Probation Department and Juvenile Hall staff for their professionalism and their dedication to the community. - 20 Jails Review Response required Entity Findings Recommendations Respond Within Santa Cruz County 90, 26, 27, 28, 30 60 Days Board of 99-101 (September 1, Supervisors 2006) Santa Cruz County 90 29 90 Days Probation Dept. (October 1, 2006) Camp 45 Camp 45 is located at 13575 Empire Grade Road in Santa Cruz and is operated by the California Department of Corrections and Rehabilitation. It opened in June 2005 as a prison camp to house low-risk adult male prisoners. The facility was previously operated by the California Youth Authority from 1947 to 2005. Camp 45 is a satellite facility of the California State Prison, Susanville, and is a minimum security facility that is operated as a fire conservation camp in cooperation with the California Department of Forestry and Fire Protection (CDF). Camp 45 is operated by the State of California and is, therefore, not obligated to respond to the Santa Cruz County Grand Jury, but it is invited to do so. Camp 45 Findings
R31:
Department of Corrections staff should continue to meet with neighborhood and community organizations and be an active partner in the community.
R32:
Department of Corrections staff should reach out to community organizations to obtain donations of appropriate books and learning materials for the educational enrichment of the inmates. - 22 Jails Review
R33:
Department of Corrections should continue to seek solutions to affordable housing problems to retain qualified professional staff. Responses requested but not required Entity Findings Recommendations Respond Within California Dept. of 122, 126, 31-33 90 Days Corrections and 129 (October 1, 2006) Rehabilitation Jails Review - 23
R46:
The facility is operated by a conscientious and professional staff.
R47:
Due to the high cost of living in Santa Cruz County, retaining trained staff has been a problem.
R48:
Additional books for the inmates to read would be a benefit.
R49:
The camp provides a service to the community. Camp 45 Recommendations
* This report's PDF did not contain easily extractable text and required Optical Character Recognition (OCR) for analysis. There may be minor errors in the extracted findings and recommendations due to OCR limitations with scanned documents.
Additional documents
Documents found alongside this year's reports, not grand jury reports or responses.