Gran Jurado del Condado de Santa Cruz

2007-2008

23 informes

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 (23)
Hallazgos & Recomendaciones 93 hallazgos
F1: Conclusions 2. Since the most pressing concern today is from where the money will come to maintain Medicare and Medicaid services for those who qualify under today’s system, extending it to include low-income families is not being discussed. 3. Santa Cruz County public, non-profit, and for-profit medical resources have worked together to make health care more accessible to low-income families. Commendation 1. The Human Services Department and the Health Services Agency are to be commended for ongoing focus on the delivery of adequate health care services to Santa Cruz County residents. Health Insurance Coverage 2000-2001 Grand Jury Recommendation 3: The Healthy Families Program should include parents in its coverage. Premiums should be set at more affordable levels in order to accelerate enrollment of families without insurance. Coverage should be maintained during short periods of seasonal unemployment. The Central Coast Alliance for Health should approach local employers to continue premium payments for families during short periods of seasonal unemployment to keep insurance coverage from lapsing. It should continue to expand the participation of specialists in its programs. County Response: This recommendation has been implemented. 2007-2008 Grand Jury Findings 12. The Healthy Families Program does not include parents in its coverage. Healthy Families insurance premiums vary depending on the health plan selected. Families receive a discounted premium if they select the local Community Provider Plan, which is the Central Coast Alliance for Health (the Alliance) in Santa Cruz County. The Alliance’s maximum monthly premium for a family with three or more children is $36 (or $108 per quarter). 13. Recent local funding contributions to the Healthy Kids program, which came primarily from Sutter Santa Cruz and Dominican Hospital, will allow the Alliance to move 295 children off the waiting list and into enrollment. 14. Seasonal unemployment only affects the eligibility of adults in a family receiving Medi-Cal. The Alliance reports that their Medi-Cal membership fluctuates by about five percent each year according to the growing season and migration of Medi-Cal recipients out of the area. Typically, a seasonal employee becomes eligible for Medi- Cal when the work season ends or slows down because the worker’s income A Promise Kept 29 decreases. When an individual’s work hours increase again, Medi-Cal eligibility could be lost due to the corresponding increase in income. Thus, an individual may qualify during periods of little work or unemployment but no longer qualify for Medi- Cal when working full-time. 15. Medi-Cal has no provision for continued eligibility if an adult no longer meets the criteria. However, children can maintain Medi-Cal eligibility for 12 months even if the adults in the family are terminated due to an increase in income or assets. 16. Although families pay no premiums for the Medi-Cal program, there are premiums associated with the Healthy Families and Healthy Kids programs. However, regardless of changes in family income, once a child is deemed eligible for Healthy Families or Healthy Kids, that child remains eligible for 12 months unless he or she becomes eligible for no-cost Medi-Cal, is covered by other health insurance, or turns 19. Children also lose Healthy Kids eligibility and coverage when they move out of Santa Cruz County. 17. In 2000, the Santa Cruz County population was 255,602. In 2007, the population increased slightly to an estimated 264,125 (3.3 percent). But the supply of health care specialists for Alliance programs has increased by almost 30 percent since that year. In 2000, the Alliance had an average of 499 specialists available to serve Santa Cruz County residents. As of March 2008, 697 specialists are available. 18. The Alliance collaborates with over 60 community coalitions and organizations to promote its programs, including the Santa Cruz County Human Services Department. It also promotes health care resources to the public at events, such as farmers’ markets, health fairs, community block parties, and other festivals. In addition, the Alliance publishes a provider bulletin in which providers are urged to encourage their Healthy Families and Healthy Kids patients to stay enrolled and thereby continue their health care coverage. 19. In March 2008, at California’s annual Medi-Cal Quality Conference, Central Coast Alliance for Health tied for first place with Health Plan of San Francisco, winning the Gold Award for the highest rate of preventive care services among all 39 Medi-Cal health plans in California. The Alliance also won a second place Silver Award for member satisfaction. Conclusions 4. Because Healthy Families is a state and federally funded health plan, Santa Cruz County cannot change the eligibility requirements for the program. 5. The 2000-2001 report recommended, “Coverage should be maintained during short periods of seasonal unemployment.” But, in fact, qualifying seasonal workers are covered while unemployed. They risk losing coverage when employed because their income may exceed guidelines. That issue has not been addressed by Medi-Cal or any county agency. 6. A public/private partnership exists in the county to provide affordable access to health care for low-income individuals and families. A Promise Kept
F2: County code violations do not always result in enforcement action. • The Planning Department documents some violations but does not enforce them, for example, violations of residential property fence height limits. Response from the County: PARTIALLY AGREES. In certain, limited situations such as side or rear yard fences that are slightly over the maximum height, no enforcement action is taken due to workload/caseload issues. Enforcement action for other minor violations may be limited to the issuance of a Notice of Violation (Red-tag) and recordation of the Notice of Violation on the property title. The Notice of Violation must be addressed when the property is sold or refinanced or when a permit is required for something else. • Some enforcement decisions are based upon Board of Supervisors’ policy, such as the 2002 board policy specifying that structures built pre-1980 without permit will not be subject to enforcement. Response from the County: PARTIALLY AGREES. This policy directive is followed, but pertains solely to non-habitable structures. • “No enforcement” is one complaint classification category in HANSEN®. Between March 29, 2007, and February 7, 2008, 11 percent of “no enforcement” decisions were based on policy adopted by the board; the remaining 89 percent were decided within the Planning Department without clear policy guidelines. Response from the County: DISAGREES. A portion of these “no enforcement” designations were open Service Requests (complaints) that had not yet been resolved. The Code Compliance staff initially selected “no enforcement” in the Hansen system for complaints that did not immediately result in the issuance of a Notice of Violation. It is common for a Code Compliance Investigator to conduct a site inspection and need to perform additional review of office records before determining whether, in fact, a violation exists. The remainder of the Service Requests referred to were actually resolved, with no further action, using the “no enforcement” designation. During the deliberations that ultimately led to adoption of the policy regarding structures built without permits prior to 1980, the Planning Department informed the Board that there is a category of violations that are so minor that no enforcement action on the part of the County is warranted. Planning Department management staff is involved in the decision-making process for each of the Service Requests that result in resolution using the “no enforcement action” coding. Examples of these determinations include side or rear yard fences that are a few inches over height, or a minor setback encroachment of a deck that would not otherwise require a Building Permit. Code Compliance Enforcement 3
F3: There is no formal policy requiring county building inspectors or code compliance investigators to report code violations they might chance upon. • The City of Watsonville requires home maintenance compliance, and its inspectors report violations they happen to see. • The City of Santa Cruz expects its staff to report obvious violations it encounters as a matter of policy. Response from the County: DISAGREES. The Planning Department Procedures Manual contains a Section related to the reporting of code violations by staff. That procedure, established in 2006, requires that certain types of violations be reported to the Code Compliance Section if encountered by any departmental employee during the course of their work. These include obvious and serious health and/or safety violations, significant environmental violations, and construction in-progress. The procedure contains specific definitions to provide further guidance to staff related to filing a code compliance complaint.
F4: After a party files a complaint and receives an initial acknowledgement letter, the complainant is responsible for future contact with the Planning Department to determine the status of the violation.
F5: It appears to be technically feasible to access the public information contained in the code violation database and there is a plan to implement public online INCOMING COMPLAINTS (by type) access before the end of 2009. 50.0% Currently, members of the public wishing to learn the status of a code violation must telephone or visit the 40.0% Planning Department. Response from the County: AGREES. 30.0%
F6: The code compliance staff fields roughly 750 incoming complaints 20.0% annually. About 300 of the complaints require continuing 10.0% extensive investigation and action. These represent approximately 40 percent of the total; the other 60 0.0% BUILDING ZONING VIOLATIONS ENVIRONMENTAL REFERRALS percent are either found to be invalid VIOLATIONS VIOLATIONS or are referred to another agency for appropriate action.
F7: Each of the four full-time and one half-time code compliance investigators averages 66 new complaint investigations per year (not including those classified as “no violation,” “no enforcement action,” or “referred to other agency”), or fewer than two each week.
F8: The code compliance group has positions for one typist/clerk, one planning technician, five code compliance investigators, and a principal planner. Additional assistance may also be provided by county financial and legal staff. Code Compliance Enforcement
F9: Earlier this year one investigator worked half time assisting the Planning Department’s understaffed fiscal section.
F10: One additional investigator position has been funded but will not be filled during 2008; funding for this position for 2009 is not guaranteed.
F11: Staff responsible for data entry works part time performing Planning Department receptionist duties.
F12: To help reduce the overall workload, follow-up with complainants is generally limited to a single written acknowledgment that the complaint has been received. Also the Planning Department does not take any enforcement action against some low-priority violations or investigate anonymous complaints. Response from the County: PARTIALLY AGREES. In addition to the written acknowledgment of the complaint, code enforcement staff frequently answer questions from complainants about the status of a case throughout the enforcement process. In addition, our Compliance-by-Mail Program requires the original complainant to verify that a violation has been in fact been resolved following receipt of a declaration from the property owner stating that the violation has been corrected. Planning staff makes contact with the complainant to verify resolution. Staff is also investigating whether it will be possible, within the Hansen system, to allow complainants to access the status of their code complaints on-line.
F13: Compliance-by-mail form letters are sent to violators asking for voluntary cooperation in correcting some low-priority violations. Violators comply by returning a signed Declaration and Affidavit of Correction. Investigators may subsequently perform an inspection to confirm compliance. Violations currently handled this way include illegally inhabited mobile homes or campers, or people keeping too many cats or dogs. Compliance-by-mail was used in two percent of the complaints reviewed by the Grand Jury.
F14: Despite two requests, the Grand Jury was not provided with precise data describing the size of the backlog of unresolved code compliance complaints or the rate at which this backlog is growing. One estimate provided was that for every 100 complaints entering the system 80 were being resolved, leaving 20 to accrue to the existing backlog. Based on this estimate and the annual number of complaints, the backlog of unresolved complaints would grow by about 150 a year. Response from the County: DISAGREES. We believe that the Department has now provided all information requested by the Grand Jury related to their investigation. There was an initial misunderstanding as to whether such a request was related to code compliance cases that reside in the older, ALUS system or in Hansen. Information on this topic of the backlog does exist for both systems and has since been provided to the Grand Jury. There has been a dramatic reduction in the number of unresolved cases since the beginning of 2008 due, in large part, to the audit of the department’s records related to the transition to the Hansen system. In addition, the department has implemented a systematic strategy for addressing the backlog and is confident that further reductions will occur. Code Compliance Enforcement 5
F15: There are many rules built into the current code violation resolution system that allow violators to delay complying with code requirements. Examples: • It may take six weeks or more to get on the calendar for a protest hearing. • Once the hearing is scheduled, the violator has the right to delay the hearing once. • During the hearing, a violator may request a continuance, which the judge will usually grant.
F16: In 2003, the Planning Department committed to the Board of Supervisors to develop written procedures for using the HANSEN® system. The code compliance group has established process mileposts and created a detailed flow chart, but there is no employee procedures manual for handling complaints. Response from the County: DISAGREES. The Grand Jury was provided with a high level summary page that represents the milestone flow within the Code Violation case type. This summary page was excerpted from a detailed user’s manual that guides users through each milestone of a code case, from intake to completion. This manual, over 120 pages in length, was developed in July of 2007 and was distributed to each of the Code Compliance staff to assist them in their transition to using the Hansen system.
F17: Except for a single summary report, the HANSEN® system was not generating data management reports as of March 1, 2008.
F18: The Planning Department has requested at least 12 data management reports. As of April 11, 2008, only six of the reports originally requested the previous December were completed. Response from the County: PARTIALLY AGREES. Initially, the development of management and other system reports was a joint undertaking by the Planning Department and the County Information Services Department. However, after several months, it became clear that the development of these reports required a stronger technical background, and the Information Services Department took the lead in getting these reports into production. This resulted in some delays, but that has since changed. The Planning Department has been working closely with the Information Services Department on the development of numerous reports utilizing the information contained within the Hansen system. These reports fall into three categories: letters and forms generated by the system, information related to Service Requests, and information related to Cases. To date, seventeen of these reports have been developed and are in use. Of these, nine fall into the category of “data management reports.” The remaining reports will be completed by Fall of 2008. In addition to these programmed reports, a great deal of management information can be generated on- demand using Hansen’s search and reporting function that are built into the software.
F19: The Planning Department has not asked for a routinely-generated report listing unresolved cases chronologically, with the oldest first. Code Compliance Enforcement Response from the County: DISAGREES. It is true that the department does not get a listing of unresolved cases by the age of the case, because that is not how the caseload is managed: the oldest cases are not necessarily the most important. The department does track cases to ensure that appropriate actions are taken at the various stages of the enforcement process. The Planning Department receives reports for various milestones within the Hansen system to ensure that cases are moving forward according to their established business practices. The department receives reports listing unresolved Service Requests to ensure that new complaints do not remain open ended. The department has requested a report listing cases where a red tag has been issued and the Notice of Violation has not been recorded on the property title within 35 days of the mailing of that Notice. Similarly, the department has requested a notification report when 60 days have elapsed since recordation of the Notice of Violation and that, if the violation has not been corrected, a stipulation must be developed and sent to the property owner specifying required compliance periods and penalties. Finally, the department has requested a report indicating the current milestone of all cases and number of days spent in that milestone. The report will be able to be sorted in any number of ways, including chronologically.
F20: The Grand Jury reviewed 100 consecutively numbered complaints (spanning entry dates between August 10 and September 27, 2007) and found the following: • Almost 30 percent of them were incorrectly coded. • Nearly 18 percent of the complaints had activity dates earlier than the entry date. These differences mean that work was performed on the complaints before their entry into the HANSEN® system. The largest discrepancy between entry date and the activity date was more than two months. • The Planning Department received more code violations than it resolved. After six months, unresolved complaints outnumbered resolved complaints by 50 percent.
F21: In April and May of 2008, the Planning Department presented several code change proposals to the Board of Supervisors. Some were approved and others were tabled for further study and discussion. While major focus of the changes was on rules for building second units, among the approved changes were several that are intended to reduce the burden on code enforcement by eliminating requirements judged unnecessary. For example, the County now intends to • exclude most demolition from requiring Coastal Commission approval. • allow installation of solar energy systems in the coastal zone without a discretionary permit. Conclusions
F22: Although with careful scrutiny the whistleblower program link can eventually be located, many people have difficulty finding it on the county’s website. Typing “whistleblower hotline” into the search box results in “no matches.”
F23: The budget for fiscal year was $403,000. First 5 funded $300,000, and the Coalition hopes to receive the additional $103,000 from Medi-Cal Administrative Activities.
F24: The County works as a middleman for both sources of Coalition funding. Medi-Cal Administrative Activities
F25: During the month of September, the Coalition completes a “time survey” to establish the annual cost of outreach activities in excess of what First 5 already pays. The federal government agency Medi-Cal Administrative Activities is billed that excess cost. The turnaround for payment is generally about three years.
F26: The County supports various organizations associated with the Coalition throughout the year and receives the money from Medi-Cal Administrative Activities. Many 32 A Promise Kept variables determine what work is being done and how it is being claimed. On average, the Coalition received approximately 75 percent of what they predicted in their budget from Medi-Cal Administrative Activities. The County then funds the remaining budget. First 5 California
F27: The State of California retains 20 percent of the money First 5 receives, and 80 percent is distributed to the 58 counties throughout California based on the number of children born in the county. Santa Cruz receives approximately $2,700,000 annually.
F28: makes no distinction between Regional Occupational Program classes and Watsonville Adult Education classes. They are operated by two distinct entities. Watsonville Adult Education is a Pajaro Valley Unified School District function and the Regional Occupational Program is a County Office of Education function. ROP can offer only Career Technical Education courses under California Education Code. By law, ROP does not offer skill-building classes. All classes at Rountree, with the exception of Auto Body and Computer Applications are under the jurisdiction of Watsonville Adult Education. Of the two ROP instructors at the facility, the Auto Body instructor is a native Spanish- speaker. The Computer Applications instructor is semi-fluent in speaking and fully fluent in understanding Spanish. All ROP teachers are trained in Sheltered Instruction under the requirements of the State of California as part of their credential process. ROP does not employ teachers’ aides. ROP will, of course, make every effort to provide instruction in dual languages. 29. Minimum security inmates can walk away from the facility, and it happens about four times a year. Those who walk away are generally rearrested within 24 hours. They are then likely to be held at the Main Jail for the remainder of their sentences, and new charges can result. 30. Due to the lack of fencing around the facility, Rountree has had problems with unauthorized persons entering the grounds. This has enabled contraband to be dropped off in the parking lot area which can be picked up by inmates working in the area and brought into the facility. The Grand Jury has been informed the Sheriff’s office has secured $72,000 to install fencing around the front of the facility. The automatic gates into the facility would be controlled from the control Rountree 71 room located in the medium security section of Rountree. The Sheriff’s Office is waiting for the General Services Department (GSD) to put this project out to bid. Response from the County: AGREES. 31. Exercise and recreational options are adequate and include basketball, weight lifting, horseshoes, volleyball, baseball, soccer and ping pong. 32. The County has provided $48,000 in funding to repair and replace the shower posts, flooring and support walls at the Jail Farm. This was reported to be a problem in the Environmental Health Report. Funding has been secured for this project. Rountree staff is still awaiting GSD to put the project out to bid. Conclusions 1. Correctional officers and civilian workers at Rountree Detention Center appear to be respectful of inmate rights, experienced in dealing with inmates, and well trained in security procedures. 2. Inmate visits in both facilities are well managed and beneficial to both the inmates and their families. 3. The maintenance and cleanliness of all areas of both facilities is good. 4. There are a commendable variety of constructive activities and skill building classes for inmates although few are conducted by Spanish-speaking teachers. 5. Because the Rountree jail inmate populations are consistently under capacity, the facilities could be better utilized to relieve the overcrowding at the Main Jail. 6. The staffing of the facilities is inadequate to properly oversee, protect, and transport the inmate population. 7. Onsite medical care is currently available 40 hours a week. The newly approved nursing weekend hours are needed to assure that medical problems are properly assessed and expeditiously treated. This weekend coverage will allow qualified inmates who need mental health maintenance medications to be transferred from the Main Jail to Rountree. 8. The video surveillance system has been noted to be inadequate in earlier Grand Jury reports, but it has still not been improved. 9. Installation of fencing around the facility would prohibit the public from entering the facility without permission and would deter contraband from entering the facility. 10. The Grand Jury agrees with the Environmental Health Report that the shower posts, flooring and support walls at the Jail Farm are in need of repair and replacement.
F29: First 5 reimburses the County for payments made to community agencies for contracted services.
F30: In the fall of 2008, First 5 will create a new three-year strategic plan. This may or may not result in continued funds for the Coalition for Health Care Outreach. Conclusion
F31: While there are no outside windows in the inmate housing units, the front of each has windows facing a central area where the correctional officers are located. The central command area has dimmed red lighting so the officers can see into each of the well- lighted housing units. Food trays and medicine are dispensed from this central area through openings in the main door of each unit. This type of detention facility in which no correctional officers are located within the inmate housing areas is called a “podular design” system. Such a configuration contrasts with a direct supervision detention facility in which the correctional officers are located directly in the inmate housing areas.
F32: In 2005, a computerized program was established to monitor inmate classification, housing movements and disciplinary actions. The Sheriff’s Office Detention Bureau hopes to replace that system with a comprehensive jail management system in the next two years that will integrate the current classification system with medical, commissary, food, and inmate records management (currently located across the street in the county building). To date no funding has been secured for this project.
F33: Department 11 of the Santa Cruz Superior Court handles the drug cases and is now located at the Main Jail. Fifty to 100 inmates are taken from their cells to court each week in shackles and chains. Having drug court located at the Main Jail has eliminated the need for transport to the county court house on Ocean Street and has facilitated a more efficient handling of drug cases.
F34: Policies and procedures are in place to ensure the facility’s security, but it is an ongoing concern for the staff. Last year, two inmates attempted unsuccessfully to escape. Main Jail Inmate Services
F35: Inmates may see visitors in one of the five visiting rooms during visiting hours. All visits are audio recorded. Inmates and visitors are separated by a wire and plexiglass barrier. Inmates must complete a visitor request form before any visits will be allowed. Staff must pre-approve all visitors before they are scheduled. The inmate’s visitor lists can be updated only once every 30 days from the date the original list was completed.
F36: Professional interview rooms are available 24 hours a day for the inmates and their attorneys or the clergy. To preserve client confidentiality, no recordings are made in these rooms.
F37: Each of the housing units has a secure outdoor area for basketball, handball and exercise. Board games, cards and puzzles are also available. Newly released movies are rented from Swank distribution for monthly movie viewing.
F38: Other services available include television (both Spanish and English from 7 a.m. to 11 p.m.) and a limited selection of paperback books. Inmates may purchase any book or periodical accepted for distribution by the U.S. Post Office. A law library is available to provide legal research assistance for inmates and UCSC Women’s Center Inside-Out offers writing workshops.
F39: Inmates are served three meals per day (at 6:00 a.m., 11:30 a.m. and 5:00 p.m.). A maximum of 30 minutes is allowed for consumption and/or disposal of a meal. The county nutritionist plans the meals according to the standards set forth in the California Code of Regulations. The inmates receive a total of 2,600 calories a day according to Title 15 standards. The kitchen area was originally built to serve 90 inmates. The kitchen passed the 2007 State Standards review even though it is outdated and extremely small for the current jail population.
F40: Once a week, inmates have access to a commissary. They may purchase from a pre- approved list of items, such as snacks, canvas shoes, nail clippers, cosmetic items. Inmates must use money placed in their individual accounts to purchase commissary items. Upon their request, inmates with less than $3 in their accounts may be given the following items once each week: six sheets of paper, two stamped envelopes, two shampoo packets, a pencil, a toothbrush, toothpaste, and a comb.
F41: Friends Outside, a program provided by Volunteer Center of Santa Cruz County, helps maintain outside contacts, and assists inmates in conducting basic and necessary transactions, such as banking and paying bills. They also provide reading glasses.
F42: The jail chaplain provides religious services while several local churches of numerous denominations provide Bible studies, communion services and prayer groups.
F43: Drug counseling is provided by Alto and Janus of Santa Cruz. Programs are also offered by Alcoholic Anonymous (AA) and Narcotics Anonymous (NA), Dual Diagnosis Group, and Criminal Gangs Anonymous.
F44: The Mental Health and Substance Abuse Services (Division), a division of the Santa Cruz County Health Services Agency, works with and through many groups to offer a wide range of mental health care services including emergency shelter, transitional housing, supported housing, dual diagnosis treatment, crisis intervention, case management, and peer support. Other services available to clients are assessment, counseling, medication support, and referrals. Spanish translation is offered, as is an Appeal Resolution Process for anyone who is denied assistance. The following is a partial list of these resources. Adult residential treatment is offered at • Transition House, 10 beds • Paloma House, 12 beds • Pioneer House, eight beds • Opal Cliffs, 15 beds • El Dorado Center, 16 beds • Darwin House, 15 beds 38 A Promise Kept • Front St., Inc., 11 beds • River Street Shelter, 20 beds reserved for people referred by County Mental Health Outpatient treatment and/or social rehabilitation are available at • North County Mental Health Center • South County Clinic • Community Support Services • Dominican Hospital Behavioral Health • Pioneer House Dual Diagnosis Day Program • Community Connection Academy • Front Street Day Rehabilitation Program Self help resources include • Mental Health Client Action Network • Mariposa Activity Center • Community Connection Mental Health Resource Center and Career Services • Community Support Services Community Organizers Program Ongoing services for the protection of low-income mentally ill residents include • Advocacy, Inc. (Patient Rights) • Public Guardian’s Office
F45: It is hard to retain staff; therefore, continual training programs are necessary. Many new employees come from the Cabrillo College Health Science/Community Health programs.
F46: Various federal, state, county and private agencies fund mental health treatment in our county. Mental health has made effective use of these grants and programs. Some of these sources (known as funding streams) are designated for specific and limited uses. Clients often present with a variety of issues and staff sometimes has difficulty matching funds to the specific needs of the client. Services offered to individuals and families will be further restricted by potential state and county budget cuts in the coming year.
F47: Training in cultural sensitivity is emphasized and employees are trained within their department as well as by outside resources.
F48: Some families have difficulty acknowledging the existence of a mental health problem. This can be a cultural issue or a matter of pride. Successful mental health outreach and education programs have worked as a part of the network of general health services.
F49: Access to services is difficult for South County residents because most service sites are located in Santa Cruz. Public transit offers only a few routes and limited hours of operation. The Division is attempting to expand county services and to create more partnerships with community agencies in South County.
F50: The Division works with Senior Network Services but does not yet have an early intervention program for seniors. A Promise Kept 39
F51: Among the ongoing concerns of the Division is the ever-present worry of patients exhibiting unexpected antisocial behavior. Conclusions
F52: The Main Jail now has a full-time medical director. This position was recently changed from 16 hours per week to full-time. The doctor is also available on call as needed. Every inmate admitted to the jail for 14 days or longer is examined by the staff doctor.
F53: Title 15 requires a minimum number of medical staff to be on duty for each shift. Substitute nurses fill in when full-time staff take vacation. It has been difficult to recruit substitutes because they receive lower wages and no benefits. Nurses lose accrued vacation time because of substitute shortages.
F54: Currently the Main Jail employs three registered nurses during the day, two in the evening and one at night. A nurse practitioner works 20 hours per week and is on call when off duty. All these positions are currently filled. Gynecological services are provided 2 to 3 hours once a week. Main Jail
F55: Every morning, the Crisis Intervention Team meets to review risk management problems and any new admits in the last 24 hours. The team consists of medical and mental health staff, lieutenants, sergeants, and booking staff.
F56: Currently the medical staff provides services for HIV, hepatitis, prenatal care, lacerations, pain management, gynecological and internal medicine. If an injury is minor, the medical staff can provide the necessary care. Inmates with serious injuries are transported to Dominican Hospital. The jail has no X-ray services; inmates are sent to outside medical facilities for MRI/CT scans and procedures requiring specialists. Tuberculosis testing of all inmates is mandatory and must be completed within three days of admittance.
F57: The Main Jail has two automated external defibrillators (AEDs), and correctional officers and medical personnel are trained in their use. They are also trained to administer CPR.
F58: Ill or injured inmates must fill out medical request forms (blue slip). The medical staff receives approximately 200 blue slips per month. Nurses pick up these slips twice daily when they distribute medicine. The nurse on duty reviews each complaint and determines if it can be handled by a nurse or if the inmate needs to be put on the sick call list. The list is given to the nurse practitioner, who reviews and triages the needs. Some action must be taken on each blue slip within 24 hours. In case of emergency correctional officers contact medical personnel.
F59: A blue slip must be completed for every medical problem, creating a backlog of slips. Many inmates reported having to wait up to three weeks to be seen. Requests range from simple medical needs, such as antibacterial ointment, to more serious medical services. Inmates said the medical treatment is very good once they receive it.
F60: Currently Santa Cruz County uses eight nearby counties in salary surveys: Monterey, Santa Clara, Alameda, Napa, Sonoma, Marin, Solano and San Mateo. For the most part, these are more similar to Santa Cruz than the nine counties formerly used in that they are not strictly agricultural and have living costs comparable to Santa Cruz.
F61: Recruiting and retaining physicians and other medical professionals is uniquely difficult in Santa Cruz County because it is labeled by Medicare as a rural county. The Medicare reimbursement rate is the same as Butte, Imperial and other counties with a much lower cost of living.
F62: The county health programs must compete with Dominican and Sutter for physicians and other medical professionals. Hospitals are in a unique position to pay higher salaries as their Medicare reimbursements are based on actual costs. A national Medicare study released in 2007 shows hospitals in Santa Cruz County have the highest labor costs in the country, which local health officials say means higher medical costs and insurance premiums for patients. This situation creates a difficult challenge when it comes to recruiting medical professionals.
F63: Salaries and working conditions for physicians and other medical professionals employed by the County are negotiated with the respective unions. Conclusions
F64: The O Unit is the medical observation unit that includes individual rooms where physically or mentally ill inmates are monitored by medical staff and by a video monitoring system. Seven rooms have video monitoring. In addition, a “padded room” houses inmates who are a danger to themselves or others. This room also has video surveillance and physically inspected every 15 minutes. New linoleum has recently been installed over the concrete floors throughout the O Unit This new flooring can be more effectively cleaned and sanitized.
F65: A 5150 hold is a provision of the state’s Welfare and Institutions Code whereby people can be held for 72 hours if, as result of mental disorder, they pose a danger to themselves or others or are gravely disabled. Dominican Hospital is the only facility in the county licensed to care for 5150 patients. Those on 5150 hold and suspected of committing felonies are not accepted in Dominican’s Behavioral Health Unit and instead are booked into the Main Jail. Those with psychiatric problems need to be separated from the rest of the inmate population. If after the 72-hour hold, an inmate is still incapacitated and no licensed outside placement can be located, he or she remains in isolation in the medical unit. The jail does not have the resources to provide adequate psychiatric services, nor is it licensed to provide ongoing support services to these inmates. Response from the County: PARTIALLY AGREES. The Main Jail at 259 Water does not have cooling in the inmate housing area. The heating system was designed with an occupancy load for a much lower population. To meet the current air changes for the increased population, more outside air needs to be introduced to the facility that will in turn create a higher heating load for the building. The existing equipment was not designed to maintain the increased load which results in heating inconsistencies in the building. As for the response time, the work order data base shows that General Services responded either the same day or the next working day to reported problems.
F66: The jail provides on-site dental work two half days per month and serves about 18 inmates per month. The dental staff pulls teeth but does not provide fillings or more extensive dental work. Inmates must turn in a blue slip to request dental services. The jail dentist receives about 25 blue slip requests per month. Many inmates cancel their requests prior to their dental appointment. Recent legislation provides for more extensive dental work to be performed off-site if necessary and if approved by the correctional officers. This service is not extended to inmates sentenced to six months or less. Minimum security inmates are eligible to go to their own outside dentist. Medium and maximum security inmates are eligible to see an outside dentist if approved by the correctional officers. Anyone under administrative segregation for disciplinary reasons is not eligible to see an outside dentist. No provisions are being considered to address the dental needs of inmates incarcerated for longer than one 60 Main Jail year (about five percent of the population) and who also are not approved to see an outside dentist.
F67: The medical records of all present and past inmates are kept in paper files. The 2006 - 2007 Grand Jury found inmate records stored in the medical corridor, in violation of Health Insurance Portability and Accountability Act (HIPAA) security and privacy requirements. The medical unit has recently installed a $25,000 mechanized file sorter, which provides complete security for each inmate’s medical folder and resolves previous security and confidentiality concerns.
F68: Inmates sleep on two-inch thick, fireproof, foam mattresses placed on concrete blocks. Due to limited supply, each inmate is issued only a single mattress. The State fire marshal and Bureau of Home Furnishings and Thermal Insulation mandate the mattress’s overall length and width but not the thickness. To receive an additional mattress, an inmate must be housed in the Medical Observation Unit and the request approved by a doctor.
F69: The current medical budget is $3 million per year. Outside emergency medical visits for inmates account for $400,000 of that. Because Medi-Cal and most other insurance providers will not cover a person who is incarcerated, the jail is billed full hospital fees for inmate treatment at Dominican Hospital. The County is not offered a reduced rate. Overcrowding
F70: The average daily population (ADP) of the Main Jail continues to exceed the State- rated capacity of 311. The ADP for the first six months of 2007 was 358 (318 men and 40 women). The 2007 state inspection report identified overcrowding as a significant area of non-compliance.
F71: Triple bunks and/or boats (boat-shaped plastic beds that sit directly on the floor) are sometimes situated in the dayrooms, reducing space for daytime activities. The bunks and boats allow the jail to accommodate 422 beds even though its rated capacity is only 311.
F72: When a housing module becomes too crowded the inmates in that module can be traded to a larger module holding a smaller group of inmates.
F73: The maximum sentence a person can receive for a misdemeanor is one year, which can be shortened with time off for good behavior. However, if a person is convicted of several misdemeanors, the judge can order sentences to be served consecutively. In that case, an inmate could end up serving several years in the Mail Jail, adding to the total inmate population.
F74: Inmates doing “soft time” contribute to the overcrowded conditions. At any given time, the jail has 16 to 24 inmates charged with very serious crimes who are doing soft time awaiting appeal of their cases.
F75: The Sheriff’s Office offers a work release program for eligible inmates, which helps reduce overcrowding. The inmate pays a fee and does community work in lieu of serving time. Main Jail 61
F76: A representative from the Sheriff’s Office chairs the Jail Overcrowding Committee, which consists of representatives from each of the following groups: law enforcement, the judiciary, prosecutors, probation, public defenders, county supervisors, county administrative office, health services and community service providers. It meets quarterly to examine methods of reducing overcrowding without jeopardizing public safety.
F77: The overcrowding committee has developed a set of strategies to reduce jail crowding, primarily at the Main Jail. The results of these efforts have been significant. The average monthly population in 2004 was 408. The 2007 average population was 347. The current average monthly population is down 15 percent compared to 2004.
F78: The overcrowding committee continues its efforts on a number of fronts that include • dedicating sufficient personnel to classifying inmates. • exploring options for expanding the use of the Rountree and Blaine Street facilities. • securing funding through the Mentally Ill Offender Crime Reduction Grant Program in conjunction with the Probation Department and the Health Services Agency. This grant provides for an out-of-custody program from a Community Corrections Center to be located on Water Street.
F79: A jail population control officer was appointed to monitor overcrowding at the Main Jail until a new classification system was completed. This position was discontinued at the beginning of fiscal year 2007 - 2008 and rolled into a classification supervisor position. The new position, along with the new classification system, allows more appropriate distribution of the county inmate population, which should then reduce the Main Jail population.
F80: The Board of Supervisors approved a medical staffing increase, which began in March of 2008 at the Rountree facility. As a result, an additional five to seven inmates a day may be transferred from the Main Jail to the Rountree facility.
F81: The Probation Department has implemented a number of alternative programs and added personnel to address jail crowding. These include • expanded pretrial services, such as release on one’s own recognizance with or without conditions. • a supervised release, which includes phone checks, field supervision, with conditions such as drug and alcohol testing. • intensive supervision, which includes field supervision, electronic monitoring and individualized conditions. These supervised and intensely supervised programs account for an average jail population reduction of 30 jail beds per day.
F82: The Community Action Board, a local nonprofit agency, also provides a community service alternative to jail with its Community Restoration Program. This program provides supervised work crews in county parks and, together with Habitat for Humanity, builds low income housing. This alternative to jail served 54 individuals and saved an estimated 1,785 bed days in 2007. Main Jail
F83: In Partnership with Community Action Board’s Gemma program the Probation Department is reducing the recidivism of females who typically are incarcerated for nonviolent offenses related to substance abuse. The women’s jail sentences are reduced contingent on participation in the residential component of the program. The program offers day treatment and skill-building classes for women.
F84: The Warrant Reduction Advocacy Program (WRAP) is designed to avert the issuance of probation bench warrants for individuals who have not maintained contact with their probation officers. Friends Outside provides a three-quarter time warrant reduction specialist to make contact with probationers and reconnect them to their probation officers. This program saves an estimated 40 jail bed days for each warrant averted.
F85: While all the jail reduction strategies are working as planned and the population has declined since 2005, the Main Jail is still above rated capacity. The daily jail population is the result of two variables: the number of individuals placed in jail and how long the inmates stay in jail. Had the recent measures not been put into place, the projected Main Jail population would have been 416 rather than the actual average population for 2007, which was 347. Classification and Discipline
F86: The jail uses the National Council of Crime and Delinquency (NCCD) classification system to determine an inmate’s housing assignment. This system considers ten different factors that either increase or decrease points for an inmate. Within 24 hours, the inmate is classified as minimum, medium or maximum security depending on total points. Gang affiliation, medical needs, escape risk, level of violence, crimes committed, charges pending, and behavior while in custody are all factors used in the classification system.
F87: Inmates are classified by a formal process. The booking supervisor is the first person to consider an inmate’s classification within the facility. There are two classification correctional officers (working alternate shifts) who interview every new inmate, review the booking supervisor’s preclassification, and ultimately determine the inmate’s classification and housing placement within the facility. These two officers are supervised by the classification supervisor, a position added at the beginning of fiscal year 2007-2008.
F88: Inmates requiring disciplinary measures are monitored by two disciplinary correctional officers working alternating shifts. The disciplinary officers report to the classification supervisor.
F89: For safety reasons there are times when groups of inmates in a given housing module cannot get along with one another. In an effort to quell potential problems these groups of inmates can be “racked” (allowed out of their cells and into the dayrooms for a minimum of four hours per day).
F90: Privileges can be withheld if an inmate breaks the rules. According to Title 15, the degree of punitive actions taken by the disciplinary officer needs to be directly related to the severity of the rule infraction. The Main Jail has a four-point discipline system. A minor infraction could result in a verbal warning. A second minor infraction could Main Jail 63 result in a loss of visiting or commissary privileges or confinement to a cell for four hours. A maximum infraction, such as injury to someone, could result in administrative segregation (ad seg) lasting from ten to 60 days.
F91: Inmates unable to get along with others for any reason, such as gang affiliation, race hatred, or antisocial behavior, are assigned to ad seg, defined by Title 15 as separated from the general population. Inmates may request ad seg if they fear for their own safety. They can request a reclassification and/or change in housing assignment every 30 days.
F92: Some ad seg inmates are held in disciplinary isolation (lock-down), and confined to cells 23 hours a day with only one hour outside to eat, shower, exercise, watch TV, make phone calls, and talk with others. While locked down, they have no access to any type of religious services or addiction therapy support groups. They can turn in a green slip to talk with the chaplain or a blue slip to see medical personnel. They can also receive books from the book cart. Title 15 states no inmate can be in lock-down beyond 30 consecutive days without review by the facility manager. The jail complies with this Title 15 requirement.
F93: Title 15 states food is not to be used as a disciplinary measure. In the ad seg unit, food (mostly snacks) may be withheld as an incentive to improve behavior. Inmates always receive at least the state-required calories. After major violations of institution rules, inmates may be subjected to a disciplinary isolation diet in accordance with Title 15. Every 72 hours, the facility manager must approve the continuation of this diet. Reportedly the isolation diet has only been implemented on rare occasions. Conclusions
Recomendaciones adicionales 42

No vinculadas a hallazgos específicos.

R1: The Planning Department should • remove responsibilities other than code enforcement from existing code compliance staff. Response from the County: HAS BEEN IMPLEMENTED. The temporary reassignment of one of our Code Investigators to assist in the training of a new fiscal person was the result of unprecedented turnover in our fiscal division and the need to train incoming accounting personnel to support the Code program. This training has been completed and the individual has returned full time to Code Investigations. In addition, all of the Planning Technicians in the Department, including the two staff presently assigned to our Code Program, assist in staffing the General Information Desk that is an integral part of our public counter operation. This time commitment ranges from 2-10 hours a week. While this assignment does divert a few hours away from the Code Program, it also ensures that Code staff are kept aware of all of the ongoing changes at our building and zoning counters, and also places them in a position to suggest operational changes that improve the interactions between code staff, counter staff, and property owners trying to resolve their violation(s). This arrangement will remain in place for the foreseeable future. • recruit and train volunteers to assist the code compliance group. Response from the County: WILL NOT BE IMPLEMENTED. With the reassignment of an additional Planning Technician to the Code Compliance Section, sufficient staff resources are in place to assist the existing Investigators with caseload management. Two Planning Technicians assist the Investigators with in-office research and preparation of draft stipulated agreements and case hearing packets. It would not be appropriate to use volunteers to act as Code Investigators due to the technical training and expertise that is required to perform the job. • consider expanding the compliance-by-mail program to include additional low- priority violations. Response from the County: REQUIRES FURTHER ANALYSIS. The compliance-by-mail program is used for violations that do not require issuance of a permit or a field investigation to verify the existence of a violation. In addition, correction of the violation must be able to be verified by the complainant. Initially, the Program was limited to illegal occupation of trailers and RV’s. In the last year, it was expanded to include certain animal keeping violations. We are currently evaluating whether this approach to code enforcement can be further expanded and will implement this expansion, if deemed appropriate, no later that the end of the 2008 calendar year. Code Compliance Enforcement • create a list of code violations not currently being enforced and determine if any of the most commonly received complaints represent violations that can be added to the list. Response from the County: REQUIRES FURTHER ANALYSIS. Certain minor code violations may not warrant enforcement action. Quite often, factors specific to the particular situation are taken into account when making a determination as to whether or not enforcement action will be taken. The Department will evaluate the range of minor violations that it encounters to determine whether, regardless of other factors, any of them qualify for such treatment. This evaluation will be completed in early
R2: The Civil Service Commission should periodically review individual provisional appointments to ensure the system is not being abused. Response from the County: HAS BEEN IMPLEMENTED. Response from the Civil Service Commission: HAS BEEN IMPLEMENTED. The first provisional appointment report was initiated by the Commission and received at their July 2008 quarterly meeting. The Commission directed staff to provide provisional appointment reports at each quarterly meeting. The first report on provisional appointments was issued to the Commission at its July 17, 2008 quarterly meeting. The Commission will now receive these reports quarterly. Nepotism and Favoritism
R3: To create consistency among code compliance staff, Planning Department management should provide a detailed, written procedures manual, including targets for the amount of time allowed for each step in the complaint resolution process. Response from the County: HAS BEEN IMPLEMENTED.
R4: The Civil Service Commission should permanently create a standing committee consisting of two commissioners to hear and investigate personnel and hiring practice complaints. Upon conclusion of each of its investigations, this committee should report its findings and recommendations to the full commission. Response from both the County and from the Civil Service Commission: WILL NOT BE IMPLEMENTED. In 2007 the Civil Service Commission created a temporary ad hoc committee, consisting of two commissioners, to hear complaints from SEIU members. Handpicked for the Job? 17 The Brown Act (Government Code Section 54952), County Code (2.46.060), and Civil Service rules (Section 130 I. 1. A.) restrict the Civil Service Commission’s ability to create a standing committee and still maintain a confidential forum for county employee complaints. The meetings of a standing committee composed of less than a quorum of the commission would be subject to the notice, agenda, and public participation requirements of the Ralph M. Brown Act. It is not possible under the Brown Act to set up a permanent standing committee that could accomplish a confidential forum for complaints of County employees. Whistleblower Program
R5: If First 5 no longer supports it, the Coalition for Health Care Outreach should be supported in the budget of the Health Services Agency. Response from the County: WILL NOT BE IMPLEMENTED. Although the Coalition for Health Care Outreach is very important, unless funding is identified to replace the $300,000 First Five contribution, such support cannot be guaranteed due to other competing high priority needs. Clinic Hours 2000-2001 Grand Jury Recommendation 6: Additional sessions in the evening and through the lunch hour would be a great advantage for family members who now must lose time at work to attend the clinics. Response from the County: This recommendation requires further analysis. 2007-2008 Grand Jury Findings 31. Three community clinics were visited in 2000, Salud Para La Gente in Watsonville, Santa Cruz Women’s Health Center, and Dientes Community Dental Clinic in Santa A Promise Kept 33 Cruz. The current Grand Jury has confirmed the following hours with employees at each clinic. All three clinics are closed Sundays and specified holidays. • Salud Para La Gente: • Monday through Friday, 9:00 a.m. to 7:00 p.m. • Saturday, 8:00 a.m. to 4:30 p.m. • Santa Cruz Women’s Health Center: • Monday, 8:30 a.m. to 5:00 p.m. • Tuesdays and Thursdays, 8:20 a.m. to 8:00 p.m. • Wednesday, 12:20 to 5:00 p.m. • Friday, 8:20 a.m. to 5:00 p.m. • Saturday, 8:00 a.m. to noon • Dientes Community Dental Care: • Monday though Thursday, 8:30 a.m. to 5:00 p.m. (closed 12:30 to 1:30 p.m.) • Friday, 7:30 a.m. to noon, and 1:00 to 4:00 p.m. (closed noon to 1:00 p.m.) • Saturday, 8:30 a.m. to 2:30 p.m. 32. Some discrepancies exist between the clinic hours posted on websites and the hours provided in email and telephone communication.
R6: The Health Services Agency should encourage community clinics to accurately communicate clinic hours to the public. Response from the County: HAS BEEN IMPLEMENTED and will continue to be coordinated with the Safety Net Clinic Coalition. Dental Health Programs 2000-2001 Grand Jury Recommendation 7: Full-service dental health programs should be launched in county and community clinics. County Response: This recommendation has been and will continue to be implemented through the county’s community partners.
R7: Preliminary results of whistleblower investigations should be required within 60 days of the original complaint. Response from the County: HAS BEEN IMPLEMENTED. This requirement is in effect for reports received after August 15, 2008. Response from the Santa Cruz County Auditor-Controller: HAS BEEN IMPLEMENTED.
R8: The Board of Supervisors is encouraged to create a body independent of county government to serve as the first point of contact for all whistleblower complaints; from there they can be forwarded to the appropriate entity for investigation and resolution. Response from the County: REQUIRES FURTHER ANALYSIS. The Auditor-Controller will review suggestions for modifying the Whistleblower Hotline and will make appropriate recommendations to the Board. Handpicked for the Job?
R9: Clinic operations are no longer confined to daytime hours. The three clinics each offer some lunchtime and/or evening hours. All offer Saturday appointments as well.
R10: The inconsistencies of the posted clinic hours confuse and possibly inconvenience patients. Recommendation
R11: The Grand Jury recommends that the Health Services Agency continue to build the network of mental health services countywide. Response from the County: HAS BEEN IMPLEMENTED.
R12: Staff development, including improved training and new methods for reviewing program results, would increase the effectiveness of the Health Services Agency. Response from the County: HAS BEEN IMPLEMENTED. HSA will further expand staff development as additional funding becomes available.
R13: The Grand Jury recommends that the Board of Supervisors support coordination of the various funding streams by the Health Services Agency so that available funds can be used to match the diverse needs of the clients. A Promise Kept Response from the County: HAS BEEN IMPLEMENTED. HSA will continue efforts to coordinate and increase various funding streams to meet the needs of our clients.
R14: The Board of Supervisors should ensure adequate funding for patients’ employment services, which play an important part in mental health treatment. Response from the County: HAS BEEN IMPLEMENTED. The Board of Supervisors restored $50,000 for employment services in the 2008-09 budget.
R15: It would be beneficial for the Health Services Agency to continue developing mental health outreach and education programs to provide even more community social support for recovering patients, so they can feel welcome in their communities. Support resources can include churches and neighborhood organizations. Response from the County: HAS BEEN IMPLEMENTED. HSA will continue developing outreach and educational programs as funding becomes available. Commendation
R16: The Grand Jury urges the Health Services Agency to continue to seek grants and other alternative sources for funds to pay competitive salaries to health professionals. Response from the County: HAS BEEN IMPLEMENTED and will continue to be a high priority for the Health Services Department.
R17: The Grand Jury recommends that library management consult with the City of Watsonville to establish a location for a drive-up book drop at the Main Library. Response from Watsonville Library Director: WILL NOT BE IMPLEMENTED. During the building phase of the library and the Civic Center Plaza, all possible locations for a drive-up book deposit were explored. There are no viable locations which can be used for this service.
R20: Since Medi-Cal and Healthy Families reimbursement rates are set by state and federal government agencies, the County of Santa Cruz has no authority to revise them.
R21: Congressman Sam Farr, the California Medical Association (CMA), and others have called the reimbursement fee schedules for county doctors inequitable and continue to work to require that the U.S. Department of Health and Human Services fix a system viewed as unfair to local qualified participants. Conclusion
R22: In June of 2001 the Packard Foundation grant expired. In 2007-2008, funding for the Coalition for Health Care Outreach (Coalition) came from two sources, First 5 California (First 5) and Medi-Cal Administrative Activities.
R23: The budget for fiscal year was $403,000. First 5 funded $300,000, and the Coalition hopes to receive the additional $103,000 from Medi-Cal Administrative Activities.
R24: The County works as a middleman for both sources of Coalition funding. Medi-Cal Administrative Activities
R25: During the month of September, the Coalition completes a “time survey” to establish the annual cost of outreach activities in excess of what First 5 already pays. The federal government agency Medi-Cal Administrative Activities is billed that excess cost. The turnaround for payment is generally about three years.
R26: The County supports various organizations associated with the Coalition throughout the year and receives the money from Medi-Cal Administrative Activities. Many 32 A Promise Kept variables determine what work is being done and how it is being claimed. On average, the Coalition received approximately 75 percent of what they predicted in their budget from Medi-Cal Administrative Activities. The County then funds the remaining budget. First 5 California
R27: The State of California retains 20 percent of the money First 5 receives, and 80 percent is distributed to the 58 counties throughout California based on the number of children born in the county. Santa Cruz receives approximately $2,700,000 annually.
R28: First 5 has three established goals: healthy children, children learning and ready for school, and healthy families. Allowing for local decision-making, the First 5 Santa Cruz County Commission determines how to distribute funds based on a three-year strategic plan and annual contracts. Money provided to the Coalition by First Five has been designated as outreach funds.
R29: First 5 reimburses the County for payments made to community agencies for contracted services.
R30: In the fall of 2008, First 5 will create a new three-year strategic plan. This may or may not result in continued funds for the Coalition for Health Care Outreach. Conclusion
R31: Three community clinics were visited in 2000, Salud Para La Gente in Watsonville, Santa Cruz Women’s Health Center, and Dientes Community Dental Clinic in Santa A Promise Kept 33 Cruz. The current Grand Jury has confirmed the following hours with employees at each clinic. All three clinics are closed Sundays and specified holidays. • Salud Para La Gente: • Monday through Friday, 9:00 a.m. to 7:00 p.m. • Saturday, 8:00 a.m. to 4:30 p.m. • Santa Cruz Women’s Health Center: • Monday, 8:30 a.m. to 5:00 p.m. • Tuesdays and Thursdays, 8:20 a.m. to 8:00 p.m. • Wednesday, 12:20 to 5:00 p.m. • Friday, 8:20 a.m. to 5:00 p.m. • Saturday, 8:00 a.m. to noon • Dientes Community Dental Care: • Monday though Thursday, 8:30 a.m. to 5:00 p.m. (closed 12:30 to 1:30 p.m.) • Friday, 7:30 a.m. to noon, and 1:00 to 4:00 p.m. (closed noon to 1:00 p.m.) • Saturday, 8:30 a.m. to 2:30 p.m.
R32: Some discrepancies exist between the clinic hours posted on websites and the hours provided in email and telephone communication. Conclusions
R52: In the County of Santa Cruz, “safety net clinics,” (i.e., county or nonprofit clinics), take patients that are uninsured regardless of their ability to pay.
R53: Current public and non-profit clinics, as a whole, have not been reconfigured to family-oriented and preventative care, but rather each clinic has an area or multiple areas of concentration which are listed below. Santa Cruz Clinics A Promise Kept 41 Santa Cruz Women’s Health • Primary Care for Women and Children • Family Planning • Health Benefits Advocacy • Illness Prevention and Health Promotion • Gynecology and Prenatal Care • Pediatrics • Acupuncture, Chiropractic, Naturopathy Westside Health Center (Planned Parenthood) • Primary Care Services • Family Planning • Health Benefits Advocacy • Illness Prevention and Health Promotion • Obstetrics and Gynecology • Pediatrics • Abortion Services Emeline Clinic • Primary Care Services • Walk-in Immunizations • Health Benefits Advocacy • Pediatrics • Child Health and Disability Prevention • Orthopedics • Family Planning • Laboratory, Radiology, and Pharmacy Coral Street Clinic • Urgent Care and Primary Care • Integrated Case Management • Mental Health and Substance Abuse • Health Benefits Advocacy • Counseling Beach Flats Clinic • Primary Care Services • Women’s Health • Pediatrics • Family Planning • Dental Care • HIV Testing • Obstetrics and Gynecology Dientes Community Dental Care • Emergency Dental Care • Full Range of Dental Services 42 A Promise Kept • Oral Health Advocacy Dominican Pediatric Clinic • Pediatric Services Elderday Adult Day Health (Salud Para La Gente) • Adult Day Health Watsonville Clinics Salud Para La Gente • Primary Care Services • Family Planning • Dental Care • Eye Clinic / Optometry • Health Prevention and Promotion • Health Benefits Agency • Pediatrics • Obstetrics and Gynecology Diabetes Health Center • Diabetes Self-Management • Medical Nutrition Therapy • Group Classes • Insulin Training • Glucometer Training Clinica del Valle Del Pajaro • Primary Care Services • Dental Care • Family Planning • Women’s Health • Pediatrics • Child Health and Disability Prevention • Obstetrics and Gynecology South County Clinic • Primary Care Services • Immunizations • Health Benefits Advocacy • Pediatrics • Child Health and Disability Prevention • HIV Prevention • Laboratory • Radiology • Breast Cancer Early Detection Programs • Family Planning A Promise Kept 43 Clinic Mariposa (Planned Parenthood Mar Monte) • Primary Care Services • Family Planning • Health Benefits Advocacy • Pediatrics • Obstetrics and Gynecology • Illness Prevention and Health Promotion Children’s Resource Center • Pediatrics • Child Health and Disability Prevention • Dental Care Green Valley Clinic • Obstetrics and Gynecology • Women’s Health
R54: Santa Cruz Women’s Health and Planned Parenthood specialize in women’s health, family care, and reproductive health.
R55: Specialists are available when necessary, usually through Sutter Maternity & Surgery Center, which provides some free services to the community.
R56: The County of Santa Cruz currently employs 20 full-time doctors: five primary care physicians (including two pediatricians), and 15 psychiatrists, four of which are bilingual.
R57: The recruitment of allied health practitioners and full-time county physicians is often a challenge. Response from the County: AGREES. The Health Services Agency and the Personnel Department have developed a number of successful initiatives to increase the County’s ability to recruit for various classes of health practitioners and physicians.
R58: The high cost of housing in Santa Cruz County makes recruiting primary care physicians difficult.
R59: Psychiatry has only one vacant position, and nurse practitioner positions are filled through a “feeder program” from San Jose State University. Conclusions
R60: Currently Santa Cruz County uses eight nearby counties in salary surveys: Monterey, Santa Clara, Alameda, Napa, Sonoma, Marin, Solano and San Mateo. For the most part, these are more similar to Santa Cruz than the nine counties formerly used in that they are not strictly agricultural and have living costs comparable to Santa Cruz.
R61: Recruiting and retaining physicians and other medical professionals is uniquely difficult in Santa Cruz County because it is labeled by Medicare as a rural county. The Medicare reimbursement rate is the same as Butte, Imperial and other counties with a much lower cost of living.
R62: The county health programs must compete with Dominican and Sutter for physicians and other medical professionals. Hospitals are in a unique position to pay higher salaries as their Medicare reimbursements are based on actual costs. A national Medicare study released in 2007 shows hospitals in Santa Cruz County have the highest labor costs in the country, which local health officials say means higher medical costs and insurance premiums for patients. This situation creates a difficult challenge when it comes to recruiting medical professionals.
R63: Salaries and working conditions for physicians and other medical professionals employed by the County are negotiated with the respective unions. Conclusions
Hallazgos & Recomendaciones 93 hallazgos
F1: Conclusions 2. Since the most pressing concern today is from where the money will come to maintain Medicare and Medicaid services for those who qualify under today’s system, extending it to include low-income families is not being discussed. 3. Santa Cruz County public, non-profit, and for-profit medical resources have worked together to make health care more accessible to low-income families. Commendation 1. The Human Services Department and the Health Services Agency are to be commended for ongoing focus on the delivery of adequate health care services to Santa Cruz County residents. Health Insurance Coverage 2000-2001 Grand Jury Recommendation 3: The Healthy Families Program should include parents in its coverage. Premiums should be set at more affordable levels in order to accelerate enrollment of families without insurance. Coverage should be maintained during short periods of seasonal unemployment. The Central Coast Alliance for Health should approach local employers to continue premium payments for families during short periods of seasonal unemployment to keep insurance coverage from lapsing. It should continue to expand the participation of specialists in its programs. County Response: This recommendation has been implemented. 2007-2008 Grand Jury Findings 12. The Healthy Families Program does not include parents in its coverage. Healthy Families insurance premiums vary depending on the health plan selected. Families receive a discounted premium if they select the local Community Provider Plan, which is the Central Coast Alliance for Health (the Alliance) in Santa Cruz County. The Alliance’s maximum monthly premium for a family with three or more children is $36 (or $108 per quarter). 13. Recent local funding contributions to the Healthy Kids program, which came primarily from Sutter Santa Cruz and Dominican Hospital, will allow the Alliance to move 295 children off the waiting list and into enrollment. 14. Seasonal unemployment only affects the eligibility of adults in a family receiving Medi-Cal. The Alliance reports that their Medi-Cal membership fluctuates by about five percent each year according to the growing season and migration of Medi-Cal recipients out of the area. Typically, a seasonal employee becomes eligible for Medi- Cal when the work season ends or slows down because the worker’s income A Promise Kept 29 decreases. When an individual’s work hours increase again, Medi-Cal eligibility could be lost due to the corresponding increase in income. Thus, an individual may qualify during periods of little work or unemployment but no longer qualify for Medi- Cal when working full-time. 15. Medi-Cal has no provision for continued eligibility if an adult no longer meets the criteria. However, children can maintain Medi-Cal eligibility for 12 months even if the adults in the family are terminated due to an increase in income or assets. 16. Although families pay no premiums for the Medi-Cal program, there are premiums associated with the Healthy Families and Healthy Kids programs. However, regardless of changes in family income, once a child is deemed eligible for Healthy Families or Healthy Kids, that child remains eligible for 12 months unless he or she becomes eligible for no-cost Medi-Cal, is covered by other health insurance, or turns 19. Children also lose Healthy Kids eligibility and coverage when they move out of Santa Cruz County. 17. In 2000, the Santa Cruz County population was 255,602. In 2007, the population increased slightly to an estimated 264,125 (3.3 percent). But the supply of health care specialists for Alliance programs has increased by almost 30 percent since that year. In 2000, the Alliance had an average of 499 specialists available to serve Santa Cruz County residents. As of March 2008, 697 specialists are available. 18. The Alliance collaborates with over 60 community coalitions and organizations to promote its programs, including the Santa Cruz County Human Services Department. It also promotes health care resources to the public at events, such as farmers’ markets, health fairs, community block parties, and other festivals. In addition, the Alliance publishes a provider bulletin in which providers are urged to encourage their Healthy Families and Healthy Kids patients to stay enrolled and thereby continue their health care coverage. 19. In March 2008, at California’s annual Medi-Cal Quality Conference, Central Coast Alliance for Health tied for first place with Health Plan of San Francisco, winning the Gold Award for the highest rate of preventive care services among all 39 Medi-Cal health plans in California. The Alliance also won a second place Silver Award for member satisfaction. Conclusions 4. Because Healthy Families is a state and federally funded health plan, Santa Cruz County cannot change the eligibility requirements for the program. 5. The 2000-2001 report recommended, “Coverage should be maintained during short periods of seasonal unemployment.” But, in fact, qualifying seasonal workers are covered while unemployed. They risk losing coverage when employed because their income may exceed guidelines. That issue has not been addressed by Medi-Cal or any county agency. 6. A public/private partnership exists in the county to provide affordable access to health care for low-income individuals and families. A Promise Kept
F2: County code violations do not always result in enforcement action. • The Planning Department documents some violations but does not enforce them, for example, violations of residential property fence height limits. Response from the County: PARTIALLY AGREES. In certain, limited situations such as side or rear yard fences that are slightly over the maximum height, no enforcement action is taken due to workload/caseload issues. Enforcement action for other minor violations may be limited to the issuance of a Notice of Violation (Red-tag) and recordation of the Notice of Violation on the property title. The Notice of Violation must be addressed when the property is sold or refinanced or when a permit is required for something else. • Some enforcement decisions are based upon Board of Supervisors’ policy, such as the 2002 board policy specifying that structures built pre-1980 without permit will not be subject to enforcement. Response from the County: PARTIALLY AGREES. This policy directive is followed, but pertains solely to non-habitable structures. • “No enforcement” is one complaint classification category in HANSEN®. Between March 29, 2007, and February 7, 2008, 11 percent of “no enforcement” decisions were based on policy adopted by the board; the remaining 89 percent were decided within the Planning Department without clear policy guidelines. Response from the County: DISAGREES. A portion of these “no enforcement” designations were open Service Requests (complaints) that had not yet been resolved. The Code Compliance staff initially selected “no enforcement” in the Hansen system for complaints that did not immediately result in the issuance of a Notice of Violation. It is common for a Code Compliance Investigator to conduct a site inspection and need to perform additional review of office records before determining whether, in fact, a violation exists. The remainder of the Service Requests referred to were actually resolved, with no further action, using the “no enforcement” designation. During the deliberations that ultimately led to adoption of the policy regarding structures built without permits prior to 1980, the Planning Department informed the Board that there is a category of violations that are so minor that no enforcement action on the part of the County is warranted. Planning Department management staff is involved in the decision-making process for each of the Service Requests that result in resolution using the “no enforcement action” coding. Examples of these determinations include side or rear yard fences that are a few inches over height, or a minor setback encroachment of a deck that would not otherwise require a Building Permit. Code Compliance Enforcement 3
F3: There is no formal policy requiring county building inspectors or code compliance investigators to report code violations they might chance upon. • The City of Watsonville requires home maintenance compliance, and its inspectors report violations they happen to see. • The City of Santa Cruz expects its staff to report obvious violations it encounters as a matter of policy. Response from the County: DISAGREES. The Planning Department Procedures Manual contains a Section related to the reporting of code violations by staff. That procedure, established in 2006, requires that certain types of violations be reported to the Code Compliance Section if encountered by any departmental employee during the course of their work. These include obvious and serious health and/or safety violations, significant environmental violations, and construction in-progress. The procedure contains specific definitions to provide further guidance to staff related to filing a code compliance complaint.
F4: After a party files a complaint and receives an initial acknowledgement letter, the complainant is responsible for future contact with the Planning Department to determine the status of the violation.
F5: It appears to be technically feasible to access the public information contained in the code violation database and there is a plan to implement public online INCOMING COMPLAINTS (by type) access before the end of 2009. 50.0% Currently, members of the public wishing to learn the status of a code violation must telephone or visit the 40.0% Planning Department. Response from the County: AGREES. 30.0%
F6: The code compliance staff fields roughly 750 incoming complaints 20.0% annually. About 300 of the complaints require continuing 10.0% extensive investigation and action. These represent approximately 40 percent of the total; the other 60 0.0% BUILDING ZONING VIOLATIONS ENVIRONMENTAL REFERRALS percent are either found to be invalid VIOLATIONS VIOLATIONS or are referred to another agency for appropriate action.
F7: Each of the four full-time and one half-time code compliance investigators averages 66 new complaint investigations per year (not including those classified as “no violation,” “no enforcement action,” or “referred to other agency”), or fewer than two each week.
F8: The code compliance group has positions for one typist/clerk, one planning technician, five code compliance investigators, and a principal planner. Additional assistance may also be provided by county financial and legal staff. Code Compliance Enforcement
F9: Earlier this year one investigator worked half time assisting the Planning Department’s understaffed fiscal section.
F10: One additional investigator position has been funded but will not be filled during 2008; funding for this position for 2009 is not guaranteed.
F11: Staff responsible for data entry works part time performing Planning Department receptionist duties.
F12: To help reduce the overall workload, follow-up with complainants is generally limited to a single written acknowledgment that the complaint has been received. Also the Planning Department does not take any enforcement action against some low-priority violations or investigate anonymous complaints. Response from the County: PARTIALLY AGREES. In addition to the written acknowledgment of the complaint, code enforcement staff frequently answer questions from complainants about the status of a case throughout the enforcement process. In addition, our Compliance-by-Mail Program requires the original complainant to verify that a violation has been in fact been resolved following receipt of a declaration from the property owner stating that the violation has been corrected. Planning staff makes contact with the complainant to verify resolution. Staff is also investigating whether it will be possible, within the Hansen system, to allow complainants to access the status of their code complaints on-line.
F13: Compliance-by-mail form letters are sent to violators asking for voluntary cooperation in correcting some low-priority violations. Violators comply by returning a signed Declaration and Affidavit of Correction. Investigators may subsequently perform an inspection to confirm compliance. Violations currently handled this way include illegally inhabited mobile homes or campers, or people keeping too many cats or dogs. Compliance-by-mail was used in two percent of the complaints reviewed by the Grand Jury.
F14: Despite two requests, the Grand Jury was not provided with precise data describing the size of the backlog of unresolved code compliance complaints or the rate at which this backlog is growing. One estimate provided was that for every 100 complaints entering the system 80 were being resolved, leaving 20 to accrue to the existing backlog. Based on this estimate and the annual number of complaints, the backlog of unresolved complaints would grow by about 150 a year. Response from the County: DISAGREES. We believe that the Department has now provided all information requested by the Grand Jury related to their investigation. There was an initial misunderstanding as to whether such a request was related to code compliance cases that reside in the older, ALUS system or in Hansen. Information on this topic of the backlog does exist for both systems and has since been provided to the Grand Jury. There has been a dramatic reduction in the number of unresolved cases since the beginning of 2008 due, in large part, to the audit of the department’s records related to the transition to the Hansen system. In addition, the department has implemented a systematic strategy for addressing the backlog and is confident that further reductions will occur. Code Compliance Enforcement 5
F15: There are many rules built into the current code violation resolution system that allow violators to delay complying with code requirements. Examples: • It may take six weeks or more to get on the calendar for a protest hearing. • Once the hearing is scheduled, the violator has the right to delay the hearing once. • During the hearing, a violator may request a continuance, which the judge will usually grant.
F16: In 2003, the Planning Department committed to the Board of Supervisors to develop written procedures for using the HANSEN® system. The code compliance group has established process mileposts and created a detailed flow chart, but there is no employee procedures manual for handling complaints. Response from the County: DISAGREES. The Grand Jury was provided with a high level summary page that represents the milestone flow within the Code Violation case type. This summary page was excerpted from a detailed user’s manual that guides users through each milestone of a code case, from intake to completion. This manual, over 120 pages in length, was developed in July of 2007 and was distributed to each of the Code Compliance staff to assist them in their transition to using the Hansen system.
F17: Except for a single summary report, the HANSEN® system was not generating data management reports as of March 1, 2008.
F18: The Planning Department has requested at least 12 data management reports. As of April 11, 2008, only six of the reports originally requested the previous December were completed. Response from the County: PARTIALLY AGREES. Initially, the development of management and other system reports was a joint undertaking by the Planning Department and the County Information Services Department. However, after several months, it became clear that the development of these reports required a stronger technical background, and the Information Services Department took the lead in getting these reports into production. This resulted in some delays, but that has since changed. The Planning Department has been working closely with the Information Services Department on the development of numerous reports utilizing the information contained within the Hansen system. These reports fall into three categories: letters and forms generated by the system, information related to Service Requests, and information related to Cases. To date, seventeen of these reports have been developed and are in use. Of these, nine fall into the category of “data management reports.” The remaining reports will be completed by Fall of 2008. In addition to these programmed reports, a great deal of management information can be generated on- demand using Hansen’s search and reporting function that are built into the software.
F19: The Planning Department has not asked for a routinely-generated report listing unresolved cases chronologically, with the oldest first. Code Compliance Enforcement Response from the County: DISAGREES. It is true that the department does not get a listing of unresolved cases by the age of the case, because that is not how the caseload is managed: the oldest cases are not necessarily the most important. The department does track cases to ensure that appropriate actions are taken at the various stages of the enforcement process. The Planning Department receives reports for various milestones within the Hansen system to ensure that cases are moving forward according to their established business practices. The department receives reports listing unresolved Service Requests to ensure that new complaints do not remain open ended. The department has requested a report listing cases where a red tag has been issued and the Notice of Violation has not been recorded on the property title within 35 days of the mailing of that Notice. Similarly, the department has requested a notification report when 60 days have elapsed since recordation of the Notice of Violation and that, if the violation has not been corrected, a stipulation must be developed and sent to the property owner specifying required compliance periods and penalties. Finally, the department has requested a report indicating the current milestone of all cases and number of days spent in that milestone. The report will be able to be sorted in any number of ways, including chronologically.
F20: The Grand Jury reviewed 100 consecutively numbered complaints (spanning entry dates between August 10 and September 27, 2007) and found the following: • Almost 30 percent of them were incorrectly coded. • Nearly 18 percent of the complaints had activity dates earlier than the entry date. These differences mean that work was performed on the complaints before their entry into the HANSEN® system. The largest discrepancy between entry date and the activity date was more than two months. • The Planning Department received more code violations than it resolved. After six months, unresolved complaints outnumbered resolved complaints by 50 percent.
F21: In April and May of 2008, the Planning Department presented several code change proposals to the Board of Supervisors. Some were approved and others were tabled for further study and discussion. While major focus of the changes was on rules for building second units, among the approved changes were several that are intended to reduce the burden on code enforcement by eliminating requirements judged unnecessary. For example, the County now intends to • exclude most demolition from requiring Coastal Commission approval. • allow installation of solar energy systems in the coastal zone without a discretionary permit. Conclusions
F22: Although with careful scrutiny the whistleblower program link can eventually be located, many people have difficulty finding it on the county’s website. Typing “whistleblower hotline” into the search box results in “no matches.”
F23: The budget for fiscal year was $403,000. First 5 funded $300,000, and the Coalition hopes to receive the additional $103,000 from Medi-Cal Administrative Activities.
F24: The County works as a middleman for both sources of Coalition funding. Medi-Cal Administrative Activities
F25: During the month of September, the Coalition completes a “time survey” to establish the annual cost of outreach activities in excess of what First 5 already pays. The federal government agency Medi-Cal Administrative Activities is billed that excess cost. The turnaround for payment is generally about three years.
F26: The County supports various organizations associated with the Coalition throughout the year and receives the money from Medi-Cal Administrative Activities. Many 32 A Promise Kept variables determine what work is being done and how it is being claimed. On average, the Coalition received approximately 75 percent of what they predicted in their budget from Medi-Cal Administrative Activities. The County then funds the remaining budget. First 5 California
F27: The State of California retains 20 percent of the money First 5 receives, and 80 percent is distributed to the 58 counties throughout California based on the number of children born in the county. Santa Cruz receives approximately $2,700,000 annually.
F28: makes no distinction between Regional Occupational Program classes and Watsonville Adult Education classes. They are operated by two distinct entities. Watsonville Adult Education is a Pajaro Valley Unified School District function and the Regional Occupational Program is a County Office of Education function. ROP can offer only Career Technical Education courses under California Education Code. By law, ROP does not offer skill-building classes. All classes at Rountree, with the exception of Auto Body and Computer Applications are under the jurisdiction of Watsonville Adult Education. Of the two ROP instructors at the facility, the Auto Body instructor is a native Spanish- speaker. The Computer Applications instructor is semi-fluent in speaking and fully fluent in understanding Spanish. All ROP teachers are trained in Sheltered Instruction under the requirements of the State of California as part of their credential process. ROP does not employ teachers’ aides. ROP will, of course, make every effort to provide instruction in dual languages. 29. Minimum security inmates can walk away from the facility, and it happens about four times a year. Those who walk away are generally rearrested within 24 hours. They are then likely to be held at the Main Jail for the remainder of their sentences, and new charges can result. 30. Due to the lack of fencing around the facility, Rountree has had problems with unauthorized persons entering the grounds. This has enabled contraband to be dropped off in the parking lot area which can be picked up by inmates working in the area and brought into the facility. The Grand Jury has been informed the Sheriff’s office has secured $72,000 to install fencing around the front of the facility. The automatic gates into the facility would be controlled from the control Rountree 71 room located in the medium security section of Rountree. The Sheriff’s Office is waiting for the General Services Department (GSD) to put this project out to bid. Response from the County: AGREES. 31. Exercise and recreational options are adequate and include basketball, weight lifting, horseshoes, volleyball, baseball, soccer and ping pong. 32. The County has provided $48,000 in funding to repair and replace the shower posts, flooring and support walls at the Jail Farm. This was reported to be a problem in the Environmental Health Report. Funding has been secured for this project. Rountree staff is still awaiting GSD to put the project out to bid. Conclusions 1. Correctional officers and civilian workers at Rountree Detention Center appear to be respectful of inmate rights, experienced in dealing with inmates, and well trained in security procedures. 2. Inmate visits in both facilities are well managed and beneficial to both the inmates and their families. 3. The maintenance and cleanliness of all areas of both facilities is good. 4. There are a commendable variety of constructive activities and skill building classes for inmates although few are conducted by Spanish-speaking teachers. 5. Because the Rountree jail inmate populations are consistently under capacity, the facilities could be better utilized to relieve the overcrowding at the Main Jail. 6. The staffing of the facilities is inadequate to properly oversee, protect, and transport the inmate population. 7. Onsite medical care is currently available 40 hours a week. The newly approved nursing weekend hours are needed to assure that medical problems are properly assessed and expeditiously treated. This weekend coverage will allow qualified inmates who need mental health maintenance medications to be transferred from the Main Jail to Rountree. 8. The video surveillance system has been noted to be inadequate in earlier Grand Jury reports, but it has still not been improved. 9. Installation of fencing around the facility would prohibit the public from entering the facility without permission and would deter contraband from entering the facility. 10. The Grand Jury agrees with the Environmental Health Report that the shower posts, flooring and support walls at the Jail Farm are in need of repair and replacement.
F29: First 5 reimburses the County for payments made to community agencies for contracted services.
F30: In the fall of 2008, First 5 will create a new three-year strategic plan. This may or may not result in continued funds for the Coalition for Health Care Outreach. Conclusion
F31: While there are no outside windows in the inmate housing units, the front of each has windows facing a central area where the correctional officers are located. The central command area has dimmed red lighting so the officers can see into each of the well- lighted housing units. Food trays and medicine are dispensed from this central area through openings in the main door of each unit. This type of detention facility in which no correctional officers are located within the inmate housing areas is called a “podular design” system. Such a configuration contrasts with a direct supervision detention facility in which the correctional officers are located directly in the inmate housing areas.
F32: In 2005, a computerized program was established to monitor inmate classification, housing movements and disciplinary actions. The Sheriff’s Office Detention Bureau hopes to replace that system with a comprehensive jail management system in the next two years that will integrate the current classification system with medical, commissary, food, and inmate records management (currently located across the street in the county building). To date no funding has been secured for this project.
F33: Department 11 of the Santa Cruz Superior Court handles the drug cases and is now located at the Main Jail. Fifty to 100 inmates are taken from their cells to court each week in shackles and chains. Having drug court located at the Main Jail has eliminated the need for transport to the county court house on Ocean Street and has facilitated a more efficient handling of drug cases.
F34: Policies and procedures are in place to ensure the facility’s security, but it is an ongoing concern for the staff. Last year, two inmates attempted unsuccessfully to escape. Main Jail Inmate Services
F35: Inmates may see visitors in one of the five visiting rooms during visiting hours. All visits are audio recorded. Inmates and visitors are separated by a wire and plexiglass barrier. Inmates must complete a visitor request form before any visits will be allowed. Staff must pre-approve all visitors before they are scheduled. The inmate’s visitor lists can be updated only once every 30 days from the date the original list was completed.
F36: Professional interview rooms are available 24 hours a day for the inmates and their attorneys or the clergy. To preserve client confidentiality, no recordings are made in these rooms.
F37: Each of the housing units has a secure outdoor area for basketball, handball and exercise. Board games, cards and puzzles are also available. Newly released movies are rented from Swank distribution for monthly movie viewing.
F38: Other services available include television (both Spanish and English from 7 a.m. to 11 p.m.) and a limited selection of paperback books. Inmates may purchase any book or periodical accepted for distribution by the U.S. Post Office. A law library is available to provide legal research assistance for inmates and UCSC Women’s Center Inside-Out offers writing workshops.
F39: Inmates are served three meals per day (at 6:00 a.m., 11:30 a.m. and 5:00 p.m.). A maximum of 30 minutes is allowed for consumption and/or disposal of a meal. The county nutritionist plans the meals according to the standards set forth in the California Code of Regulations. The inmates receive a total of 2,600 calories a day according to Title 15 standards. The kitchen area was originally built to serve 90 inmates. The kitchen passed the 2007 State Standards review even though it is outdated and extremely small for the current jail population.
F40: Once a week, inmates have access to a commissary. They may purchase from a pre- approved list of items, such as snacks, canvas shoes, nail clippers, cosmetic items. Inmates must use money placed in their individual accounts to purchase commissary items. Upon their request, inmates with less than $3 in their accounts may be given the following items once each week: six sheets of paper, two stamped envelopes, two shampoo packets, a pencil, a toothbrush, toothpaste, and a comb.
F41: Friends Outside, a program provided by Volunteer Center of Santa Cruz County, helps maintain outside contacts, and assists inmates in conducting basic and necessary transactions, such as banking and paying bills. They also provide reading glasses.
F42: The jail chaplain provides religious services while several local churches of numerous denominations provide Bible studies, communion services and prayer groups.
F43: Drug counseling is provided by Alto and Janus of Santa Cruz. Programs are also offered by Alcoholic Anonymous (AA) and Narcotics Anonymous (NA), Dual Diagnosis Group, and Criminal Gangs Anonymous.
F44: The Mental Health and Substance Abuse Services (Division), a division of the Santa Cruz County Health Services Agency, works with and through many groups to offer a wide range of mental health care services including emergency shelter, transitional housing, supported housing, dual diagnosis treatment, crisis intervention, case management, and peer support. Other services available to clients are assessment, counseling, medication support, and referrals. Spanish translation is offered, as is an Appeal Resolution Process for anyone who is denied assistance. The following is a partial list of these resources. Adult residential treatment is offered at • Transition House, 10 beds • Paloma House, 12 beds • Pioneer House, eight beds • Opal Cliffs, 15 beds • El Dorado Center, 16 beds • Darwin House, 15 beds 38 A Promise Kept • Front St., Inc., 11 beds • River Street Shelter, 20 beds reserved for people referred by County Mental Health Outpatient treatment and/or social rehabilitation are available at • North County Mental Health Center • South County Clinic • Community Support Services • Dominican Hospital Behavioral Health • Pioneer House Dual Diagnosis Day Program • Community Connection Academy • Front Street Day Rehabilitation Program Self help resources include • Mental Health Client Action Network • Mariposa Activity Center • Community Connection Mental Health Resource Center and Career Services • Community Support Services Community Organizers Program Ongoing services for the protection of low-income mentally ill residents include • Advocacy, Inc. (Patient Rights) • Public Guardian’s Office
F45: It is hard to retain staff; therefore, continual training programs are necessary. Many new employees come from the Cabrillo College Health Science/Community Health programs.
F46: Various federal, state, county and private agencies fund mental health treatment in our county. Mental health has made effective use of these grants and programs. Some of these sources (known as funding streams) are designated for specific and limited uses. Clients often present with a variety of issues and staff sometimes has difficulty matching funds to the specific needs of the client. Services offered to individuals and families will be further restricted by potential state and county budget cuts in the coming year.
F47: Training in cultural sensitivity is emphasized and employees are trained within their department as well as by outside resources.
F48: Some families have difficulty acknowledging the existence of a mental health problem. This can be a cultural issue or a matter of pride. Successful mental health outreach and education programs have worked as a part of the network of general health services.
F49: Access to services is difficult for South County residents because most service sites are located in Santa Cruz. Public transit offers only a few routes and limited hours of operation. The Division is attempting to expand county services and to create more partnerships with community agencies in South County.
F50: The Division works with Senior Network Services but does not yet have an early intervention program for seniors. A Promise Kept 39
F51: Among the ongoing concerns of the Division is the ever-present worry of patients exhibiting unexpected antisocial behavior. Conclusions
F52: The Main Jail now has a full-time medical director. This position was recently changed from 16 hours per week to full-time. The doctor is also available on call as needed. Every inmate admitted to the jail for 14 days or longer is examined by the staff doctor.
F53: Title 15 requires a minimum number of medical staff to be on duty for each shift. Substitute nurses fill in when full-time staff take vacation. It has been difficult to recruit substitutes because they receive lower wages and no benefits. Nurses lose accrued vacation time because of substitute shortages.
F54: Currently the Main Jail employs three registered nurses during the day, two in the evening and one at night. A nurse practitioner works 20 hours per week and is on call when off duty. All these positions are currently filled. Gynecological services are provided 2 to 3 hours once a week. Main Jail
F55: Every morning, the Crisis Intervention Team meets to review risk management problems and any new admits in the last 24 hours. The team consists of medical and mental health staff, lieutenants, sergeants, and booking staff.
F56: Currently the medical staff provides services for HIV, hepatitis, prenatal care, lacerations, pain management, gynecological and internal medicine. If an injury is minor, the medical staff can provide the necessary care. Inmates with serious injuries are transported to Dominican Hospital. The jail has no X-ray services; inmates are sent to outside medical facilities for MRI/CT scans and procedures requiring specialists. Tuberculosis testing of all inmates is mandatory and must be completed within three days of admittance.
F57: The Main Jail has two automated external defibrillators (AEDs), and correctional officers and medical personnel are trained in their use. They are also trained to administer CPR.
F58: Ill or injured inmates must fill out medical request forms (blue slip). The medical staff receives approximately 200 blue slips per month. Nurses pick up these slips twice daily when they distribute medicine. The nurse on duty reviews each complaint and determines if it can be handled by a nurse or if the inmate needs to be put on the sick call list. The list is given to the nurse practitioner, who reviews and triages the needs. Some action must be taken on each blue slip within 24 hours. In case of emergency correctional officers contact medical personnel.
F59: A blue slip must be completed for every medical problem, creating a backlog of slips. Many inmates reported having to wait up to three weeks to be seen. Requests range from simple medical needs, such as antibacterial ointment, to more serious medical services. Inmates said the medical treatment is very good once they receive it.
F60: Currently Santa Cruz County uses eight nearby counties in salary surveys: Monterey, Santa Clara, Alameda, Napa, Sonoma, Marin, Solano and San Mateo. For the most part, these are more similar to Santa Cruz than the nine counties formerly used in that they are not strictly agricultural and have living costs comparable to Santa Cruz.
F61: Recruiting and retaining physicians and other medical professionals is uniquely difficult in Santa Cruz County because it is labeled by Medicare as a rural county. The Medicare reimbursement rate is the same as Butte, Imperial and other counties with a much lower cost of living.
F62: The county health programs must compete with Dominican and Sutter for physicians and other medical professionals. Hospitals are in a unique position to pay higher salaries as their Medicare reimbursements are based on actual costs. A national Medicare study released in 2007 shows hospitals in Santa Cruz County have the highest labor costs in the country, which local health officials say means higher medical costs and insurance premiums for patients. This situation creates a difficult challenge when it comes to recruiting medical professionals.
F63: Salaries and working conditions for physicians and other medical professionals employed by the County are negotiated with the respective unions. Conclusions
F64: The O Unit is the medical observation unit that includes individual rooms where physically or mentally ill inmates are monitored by medical staff and by a video monitoring system. Seven rooms have video monitoring. In addition, a “padded room” houses inmates who are a danger to themselves or others. This room also has video surveillance and physically inspected every 15 minutes. New linoleum has recently been installed over the concrete floors throughout the O Unit This new flooring can be more effectively cleaned and sanitized.
F65: A 5150 hold is a provision of the state’s Welfare and Institutions Code whereby people can be held for 72 hours if, as result of mental disorder, they pose a danger to themselves or others or are gravely disabled. Dominican Hospital is the only facility in the county licensed to care for 5150 patients. Those on 5150 hold and suspected of committing felonies are not accepted in Dominican’s Behavioral Health Unit and instead are booked into the Main Jail. Those with psychiatric problems need to be separated from the rest of the inmate population. If after the 72-hour hold, an inmate is still incapacitated and no licensed outside placement can be located, he or she remains in isolation in the medical unit. The jail does not have the resources to provide adequate psychiatric services, nor is it licensed to provide ongoing support services to these inmates. Response from the County: PARTIALLY AGREES. The Main Jail at 259 Water does not have cooling in the inmate housing area. The heating system was designed with an occupancy load for a much lower population. To meet the current air changes for the increased population, more outside air needs to be introduced to the facility that will in turn create a higher heating load for the building. The existing equipment was not designed to maintain the increased load which results in heating inconsistencies in the building. As for the response time, the work order data base shows that General Services responded either the same day or the next working day to reported problems.
F66: The jail provides on-site dental work two half days per month and serves about 18 inmates per month. The dental staff pulls teeth but does not provide fillings or more extensive dental work. Inmates must turn in a blue slip to request dental services. The jail dentist receives about 25 blue slip requests per month. Many inmates cancel their requests prior to their dental appointment. Recent legislation provides for more extensive dental work to be performed off-site if necessary and if approved by the correctional officers. This service is not extended to inmates sentenced to six months or less. Minimum security inmates are eligible to go to their own outside dentist. Medium and maximum security inmates are eligible to see an outside dentist if approved by the correctional officers. Anyone under administrative segregation for disciplinary reasons is not eligible to see an outside dentist. No provisions are being considered to address the dental needs of inmates incarcerated for longer than one 60 Main Jail year (about five percent of the population) and who also are not approved to see an outside dentist.
F67: The medical records of all present and past inmates are kept in paper files. The 2006 - 2007 Grand Jury found inmate records stored in the medical corridor, in violation of Health Insurance Portability and Accountability Act (HIPAA) security and privacy requirements. The medical unit has recently installed a $25,000 mechanized file sorter, which provides complete security for each inmate’s medical folder and resolves previous security and confidentiality concerns.
F68: Inmates sleep on two-inch thick, fireproof, foam mattresses placed on concrete blocks. Due to limited supply, each inmate is issued only a single mattress. The State fire marshal and Bureau of Home Furnishings and Thermal Insulation mandate the mattress’s overall length and width but not the thickness. To receive an additional mattress, an inmate must be housed in the Medical Observation Unit and the request approved by a doctor.
F69: The current medical budget is $3 million per year. Outside emergency medical visits for inmates account for $400,000 of that. Because Medi-Cal and most other insurance providers will not cover a person who is incarcerated, the jail is billed full hospital fees for inmate treatment at Dominican Hospital. The County is not offered a reduced rate. Overcrowding
F70: The average daily population (ADP) of the Main Jail continues to exceed the State- rated capacity of 311. The ADP for the first six months of 2007 was 358 (318 men and 40 women). The 2007 state inspection report identified overcrowding as a significant area of non-compliance.
F71: Triple bunks and/or boats (boat-shaped plastic beds that sit directly on the floor) are sometimes situated in the dayrooms, reducing space for daytime activities. The bunks and boats allow the jail to accommodate 422 beds even though its rated capacity is only 311.
F72: When a housing module becomes too crowded the inmates in that module can be traded to a larger module holding a smaller group of inmates.
F73: The maximum sentence a person can receive for a misdemeanor is one year, which can be shortened with time off for good behavior. However, if a person is convicted of several misdemeanors, the judge can order sentences to be served consecutively. In that case, an inmate could end up serving several years in the Mail Jail, adding to the total inmate population.
F74: Inmates doing “soft time” contribute to the overcrowded conditions. At any given time, the jail has 16 to 24 inmates charged with very serious crimes who are doing soft time awaiting appeal of their cases.
F75: The Sheriff’s Office offers a work release program for eligible inmates, which helps reduce overcrowding. The inmate pays a fee and does community work in lieu of serving time. Main Jail 61
F76: A representative from the Sheriff’s Office chairs the Jail Overcrowding Committee, which consists of representatives from each of the following groups: law enforcement, the judiciary, prosecutors, probation, public defenders, county supervisors, county administrative office, health services and community service providers. It meets quarterly to examine methods of reducing overcrowding without jeopardizing public safety.
F77: The overcrowding committee has developed a set of strategies to reduce jail crowding, primarily at the Main Jail. The results of these efforts have been significant. The average monthly population in 2004 was 408. The 2007 average population was 347. The current average monthly population is down 15 percent compared to 2004.
F78: The overcrowding committee continues its efforts on a number of fronts that include • dedicating sufficient personnel to classifying inmates. • exploring options for expanding the use of the Rountree and Blaine Street facilities. • securing funding through the Mentally Ill Offender Crime Reduction Grant Program in conjunction with the Probation Department and the Health Services Agency. This grant provides for an out-of-custody program from a Community Corrections Center to be located on Water Street.
F79: A jail population control officer was appointed to monitor overcrowding at the Main Jail until a new classification system was completed. This position was discontinued at the beginning of fiscal year 2007 - 2008 and rolled into a classification supervisor position. The new position, along with the new classification system, allows more appropriate distribution of the county inmate population, which should then reduce the Main Jail population.
F80: The Board of Supervisors approved a medical staffing increase, which began in March of 2008 at the Rountree facility. As a result, an additional five to seven inmates a day may be transferred from the Main Jail to the Rountree facility.
F81: The Probation Department has implemented a number of alternative programs and added personnel to address jail crowding. These include • expanded pretrial services, such as release on one’s own recognizance with or without conditions. • a supervised release, which includes phone checks, field supervision, with conditions such as drug and alcohol testing. • intensive supervision, which includes field supervision, electronic monitoring and individualized conditions. These supervised and intensely supervised programs account for an average jail population reduction of 30 jail beds per day.
F82: The Community Action Board, a local nonprofit agency, also provides a community service alternative to jail with its Community Restoration Program. This program provides supervised work crews in county parks and, together with Habitat for Humanity, builds low income housing. This alternative to jail served 54 individuals and saved an estimated 1,785 bed days in 2007. Main Jail
F83: In Partnership with Community Action Board’s Gemma program the Probation Department is reducing the recidivism of females who typically are incarcerated for nonviolent offenses related to substance abuse. The women’s jail sentences are reduced contingent on participation in the residential component of the program. The program offers day treatment and skill-building classes for women.
F84: The Warrant Reduction Advocacy Program (WRAP) is designed to avert the issuance of probation bench warrants for individuals who have not maintained contact with their probation officers. Friends Outside provides a three-quarter time warrant reduction specialist to make contact with probationers and reconnect them to their probation officers. This program saves an estimated 40 jail bed days for each warrant averted.
F85: While all the jail reduction strategies are working as planned and the population has declined since 2005, the Main Jail is still above rated capacity. The daily jail population is the result of two variables: the number of individuals placed in jail and how long the inmates stay in jail. Had the recent measures not been put into place, the projected Main Jail population would have been 416 rather than the actual average population for 2007, which was 347. Classification and Discipline
F86: The jail uses the National Council of Crime and Delinquency (NCCD) classification system to determine an inmate’s housing assignment. This system considers ten different factors that either increase or decrease points for an inmate. Within 24 hours, the inmate is classified as minimum, medium or maximum security depending on total points. Gang affiliation, medical needs, escape risk, level of violence, crimes committed, charges pending, and behavior while in custody are all factors used in the classification system.
F87: Inmates are classified by a formal process. The booking supervisor is the first person to consider an inmate’s classification within the facility. There are two classification correctional officers (working alternate shifts) who interview every new inmate, review the booking supervisor’s preclassification, and ultimately determine the inmate’s classification and housing placement within the facility. These two officers are supervised by the classification supervisor, a position added at the beginning of fiscal year 2007-2008.
F88: Inmates requiring disciplinary measures are monitored by two disciplinary correctional officers working alternating shifts. The disciplinary officers report to the classification supervisor.
F89: For safety reasons there are times when groups of inmates in a given housing module cannot get along with one another. In an effort to quell potential problems these groups of inmates can be “racked” (allowed out of their cells and into the dayrooms for a minimum of four hours per day).
F90: Privileges can be withheld if an inmate breaks the rules. According to Title 15, the degree of punitive actions taken by the disciplinary officer needs to be directly related to the severity of the rule infraction. The Main Jail has a four-point discipline system. A minor infraction could result in a verbal warning. A second minor infraction could Main Jail 63 result in a loss of visiting or commissary privileges or confinement to a cell for four hours. A maximum infraction, such as injury to someone, could result in administrative segregation (ad seg) lasting from ten to 60 days.
F91: Inmates unable to get along with others for any reason, such as gang affiliation, race hatred, or antisocial behavior, are assigned to ad seg, defined by Title 15 as separated from the general population. Inmates may request ad seg if they fear for their own safety. They can request a reclassification and/or change in housing assignment every 30 days.
F92: Some ad seg inmates are held in disciplinary isolation (lock-down), and confined to cells 23 hours a day with only one hour outside to eat, shower, exercise, watch TV, make phone calls, and talk with others. While locked down, they have no access to any type of religious services or addiction therapy support groups. They can turn in a green slip to talk with the chaplain or a blue slip to see medical personnel. They can also receive books from the book cart. Title 15 states no inmate can be in lock-down beyond 30 consecutive days without review by the facility manager. The jail complies with this Title 15 requirement.
F93: Title 15 states food is not to be used as a disciplinary measure. In the ad seg unit, food (mostly snacks) may be withheld as an incentive to improve behavior. Inmates always receive at least the state-required calories. After major violations of institution rules, inmates may be subjected to a disciplinary isolation diet in accordance with Title 15. Every 72 hours, the facility manager must approve the continuation of this diet. Reportedly the isolation diet has only been implemented on rare occasions. Conclusions
Recomendaciones adicionales 42

No vinculadas a hallazgos específicos.

R1: The Planning Department should • remove responsibilities other than code enforcement from existing code compliance staff. Response from the County: HAS BEEN IMPLEMENTED. The temporary reassignment of one of our Code Investigators to assist in the training of a new fiscal person was the result of unprecedented turnover in our fiscal division and the need to train incoming accounting personnel to support the Code program. This training has been completed and the individual has returned full time to Code Investigations. In addition, all of the Planning Technicians in the Department, including the two staff presently assigned to our Code Program, assist in staffing the General Information Desk that is an integral part of our public counter operation. This time commitment ranges from 2-10 hours a week. While this assignment does divert a few hours away from the Code Program, it also ensures that Code staff are kept aware of all of the ongoing changes at our building and zoning counters, and also places them in a position to suggest operational changes that improve the interactions between code staff, counter staff, and property owners trying to resolve their violation(s). This arrangement will remain in place for the foreseeable future. • recruit and train volunteers to assist the code compliance group. Response from the County: WILL NOT BE IMPLEMENTED. With the reassignment of an additional Planning Technician to the Code Compliance Section, sufficient staff resources are in place to assist the existing Investigators with caseload management. Two Planning Technicians assist the Investigators with in-office research and preparation of draft stipulated agreements and case hearing packets. It would not be appropriate to use volunteers to act as Code Investigators due to the technical training and expertise that is required to perform the job. • consider expanding the compliance-by-mail program to include additional low- priority violations. Response from the County: REQUIRES FURTHER ANALYSIS. The compliance-by-mail program is used for violations that do not require issuance of a permit or a field investigation to verify the existence of a violation. In addition, correction of the violation must be able to be verified by the complainant. Initially, the Program was limited to illegal occupation of trailers and RV’s. In the last year, it was expanded to include certain animal keeping violations. We are currently evaluating whether this approach to code enforcement can be further expanded and will implement this expansion, if deemed appropriate, no later that the end of the 2008 calendar year. Code Compliance Enforcement • create a list of code violations not currently being enforced and determine if any of the most commonly received complaints represent violations that can be added to the list. Response from the County: REQUIRES FURTHER ANALYSIS. Certain minor code violations may not warrant enforcement action. Quite often, factors specific to the particular situation are taken into account when making a determination as to whether or not enforcement action will be taken. The Department will evaluate the range of minor violations that it encounters to determine whether, regardless of other factors, any of them qualify for such treatment. This evaluation will be completed in early
R2: The Civil Service Commission should periodically review individual provisional appointments to ensure the system is not being abused. Response from the County: HAS BEEN IMPLEMENTED. Response from the Civil Service Commission: HAS BEEN IMPLEMENTED. The first provisional appointment report was initiated by the Commission and received at their July 2008 quarterly meeting. The Commission directed staff to provide provisional appointment reports at each quarterly meeting. The first report on provisional appointments was issued to the Commission at its July 17, 2008 quarterly meeting. The Commission will now receive these reports quarterly. Nepotism and Favoritism
R3: To create consistency among code compliance staff, Planning Department management should provide a detailed, written procedures manual, including targets for the amount of time allowed for each step in the complaint resolution process. Response from the County: HAS BEEN IMPLEMENTED.
R4: The Civil Service Commission should permanently create a standing committee consisting of two commissioners to hear and investigate personnel and hiring practice complaints. Upon conclusion of each of its investigations, this committee should report its findings and recommendations to the full commission. Response from both the County and from the Civil Service Commission: WILL NOT BE IMPLEMENTED. In 2007 the Civil Service Commission created a temporary ad hoc committee, consisting of two commissioners, to hear complaints from SEIU members. Handpicked for the Job? 17 The Brown Act (Government Code Section 54952), County Code (2.46.060), and Civil Service rules (Section 130 I. 1. A.) restrict the Civil Service Commission’s ability to create a standing committee and still maintain a confidential forum for county employee complaints. The meetings of a standing committee composed of less than a quorum of the commission would be subject to the notice, agenda, and public participation requirements of the Ralph M. Brown Act. It is not possible under the Brown Act to set up a permanent standing committee that could accomplish a confidential forum for complaints of County employees. Whistleblower Program
R5: If First 5 no longer supports it, the Coalition for Health Care Outreach should be supported in the budget of the Health Services Agency. Response from the County: WILL NOT BE IMPLEMENTED. Although the Coalition for Health Care Outreach is very important, unless funding is identified to replace the $300,000 First Five contribution, such support cannot be guaranteed due to other competing high priority needs. Clinic Hours 2000-2001 Grand Jury Recommendation 6: Additional sessions in the evening and through the lunch hour would be a great advantage for family members who now must lose time at work to attend the clinics. Response from the County: This recommendation requires further analysis. 2007-2008 Grand Jury Findings 31. Three community clinics were visited in 2000, Salud Para La Gente in Watsonville, Santa Cruz Women’s Health Center, and Dientes Community Dental Clinic in Santa A Promise Kept 33 Cruz. The current Grand Jury has confirmed the following hours with employees at each clinic. All three clinics are closed Sundays and specified holidays. • Salud Para La Gente: • Monday through Friday, 9:00 a.m. to 7:00 p.m. • Saturday, 8:00 a.m. to 4:30 p.m. • Santa Cruz Women’s Health Center: • Monday, 8:30 a.m. to 5:00 p.m. • Tuesdays and Thursdays, 8:20 a.m. to 8:00 p.m. • Wednesday, 12:20 to 5:00 p.m. • Friday, 8:20 a.m. to 5:00 p.m. • Saturday, 8:00 a.m. to noon • Dientes Community Dental Care: • Monday though Thursday, 8:30 a.m. to 5:00 p.m. (closed 12:30 to 1:30 p.m.) • Friday, 7:30 a.m. to noon, and 1:00 to 4:00 p.m. (closed noon to 1:00 p.m.) • Saturday, 8:30 a.m. to 2:30 p.m. 32. Some discrepancies exist between the clinic hours posted on websites and the hours provided in email and telephone communication.
R6: The Health Services Agency should encourage community clinics to accurately communicate clinic hours to the public. Response from the County: HAS BEEN IMPLEMENTED and will continue to be coordinated with the Safety Net Clinic Coalition. Dental Health Programs 2000-2001 Grand Jury Recommendation 7: Full-service dental health programs should be launched in county and community clinics. County Response: This recommendation has been and will continue to be implemented through the county’s community partners.
R7: Preliminary results of whistleblower investigations should be required within 60 days of the original complaint. Response from the County: HAS BEEN IMPLEMENTED. This requirement is in effect for reports received after August 15, 2008. Response from the Santa Cruz County Auditor-Controller: HAS BEEN IMPLEMENTED.
R8: The Board of Supervisors is encouraged to create a body independent of county government to serve as the first point of contact for all whistleblower complaints; from there they can be forwarded to the appropriate entity for investigation and resolution. Response from the County: REQUIRES FURTHER ANALYSIS. The Auditor-Controller will review suggestions for modifying the Whistleblower Hotline and will make appropriate recommendations to the Board. Handpicked for the Job?
R9: Clinic operations are no longer confined to daytime hours. The three clinics each offer some lunchtime and/or evening hours. All offer Saturday appointments as well.
R10: The inconsistencies of the posted clinic hours confuse and possibly inconvenience patients. Recommendation
R11: The Grand Jury recommends that the Health Services Agency continue to build the network of mental health services countywide. Response from the County: HAS BEEN IMPLEMENTED.
R12: Staff development, including improved training and new methods for reviewing program results, would increase the effectiveness of the Health Services Agency. Response from the County: HAS BEEN IMPLEMENTED. HSA will further expand staff development as additional funding becomes available.
R13: The Grand Jury recommends that the Board of Supervisors support coordination of the various funding streams by the Health Services Agency so that available funds can be used to match the diverse needs of the clients. A Promise Kept Response from the County: HAS BEEN IMPLEMENTED. HSA will continue efforts to coordinate and increase various funding streams to meet the needs of our clients.
R14: The Board of Supervisors should ensure adequate funding for patients’ employment services, which play an important part in mental health treatment. Response from the County: HAS BEEN IMPLEMENTED. The Board of Supervisors restored $50,000 for employment services in the 2008-09 budget.
R15: It would be beneficial for the Health Services Agency to continue developing mental health outreach and education programs to provide even more community social support for recovering patients, so they can feel welcome in their communities. Support resources can include churches and neighborhood organizations. Response from the County: HAS BEEN IMPLEMENTED. HSA will continue developing outreach and educational programs as funding becomes available. Commendation
R16: The Grand Jury urges the Health Services Agency to continue to seek grants and other alternative sources for funds to pay competitive salaries to health professionals. Response from the County: HAS BEEN IMPLEMENTED and will continue to be a high priority for the Health Services Department.
R17: The Grand Jury recommends that library management consult with the City of Watsonville to establish a location for a drive-up book drop at the Main Library. Response from Watsonville Library Director: WILL NOT BE IMPLEMENTED. During the building phase of the library and the Civic Center Plaza, all possible locations for a drive-up book deposit were explored. There are no viable locations which can be used for this service.
R20: Since Medi-Cal and Healthy Families reimbursement rates are set by state and federal government agencies, the County of Santa Cruz has no authority to revise them.
R21: Congressman Sam Farr, the California Medical Association (CMA), and others have called the reimbursement fee schedules for county doctors inequitable and continue to work to require that the U.S. Department of Health and Human Services fix a system viewed as unfair to local qualified participants. Conclusion
R22: In June of 2001 the Packard Foundation grant expired. In 2007-2008, funding for the Coalition for Health Care Outreach (Coalition) came from two sources, First 5 California (First 5) and Medi-Cal Administrative Activities.
R23: The budget for fiscal year was $403,000. First 5 funded $300,000, and the Coalition hopes to receive the additional $103,000 from Medi-Cal Administrative Activities.
R24: The County works as a middleman for both sources of Coalition funding. Medi-Cal Administrative Activities
R25: During the month of September, the Coalition completes a “time survey” to establish the annual cost of outreach activities in excess of what First 5 already pays. The federal government agency Medi-Cal Administrative Activities is billed that excess cost. The turnaround for payment is generally about three years.
R26: The County supports various organizations associated with the Coalition throughout the year and receives the money from Medi-Cal Administrative Activities. Many 32 A Promise Kept variables determine what work is being done and how it is being claimed. On average, the Coalition received approximately 75 percent of what they predicted in their budget from Medi-Cal Administrative Activities. The County then funds the remaining budget. First 5 California
R27: The State of California retains 20 percent of the money First 5 receives, and 80 percent is distributed to the 58 counties throughout California based on the number of children born in the county. Santa Cruz receives approximately $2,700,000 annually.
R28: First 5 has three established goals: healthy children, children learning and ready for school, and healthy families. Allowing for local decision-making, the First 5 Santa Cruz County Commission determines how to distribute funds based on a three-year strategic plan and annual contracts. Money provided to the Coalition by First Five has been designated as outreach funds.
R29: First 5 reimburses the County for payments made to community agencies for contracted services.
R30: In the fall of 2008, First 5 will create a new three-year strategic plan. This may or may not result in continued funds for the Coalition for Health Care Outreach. Conclusion
R31: Three community clinics were visited in 2000, Salud Para La Gente in Watsonville, Santa Cruz Women’s Health Center, and Dientes Community Dental Clinic in Santa A Promise Kept 33 Cruz. The current Grand Jury has confirmed the following hours with employees at each clinic. All three clinics are closed Sundays and specified holidays. • Salud Para La Gente: • Monday through Friday, 9:00 a.m. to 7:00 p.m. • Saturday, 8:00 a.m. to 4:30 p.m. • Santa Cruz Women’s Health Center: • Monday, 8:30 a.m. to 5:00 p.m. • Tuesdays and Thursdays, 8:20 a.m. to 8:00 p.m. • Wednesday, 12:20 to 5:00 p.m. • Friday, 8:20 a.m. to 5:00 p.m. • Saturday, 8:00 a.m. to noon • Dientes Community Dental Care: • Monday though Thursday, 8:30 a.m. to 5:00 p.m. (closed 12:30 to 1:30 p.m.) • Friday, 7:30 a.m. to noon, and 1:00 to 4:00 p.m. (closed noon to 1:00 p.m.) • Saturday, 8:30 a.m. to 2:30 p.m.
R32: Some discrepancies exist between the clinic hours posted on websites and the hours provided in email and telephone communication. Conclusions
R52: In the County of Santa Cruz, “safety net clinics,” (i.e., county or nonprofit clinics), take patients that are uninsured regardless of their ability to pay.
R53: Current public and non-profit clinics, as a whole, have not been reconfigured to family-oriented and preventative care, but rather each clinic has an area or multiple areas of concentration which are listed below. Santa Cruz Clinics A Promise Kept 41 Santa Cruz Women’s Health • Primary Care for Women and Children • Family Planning • Health Benefits Advocacy • Illness Prevention and Health Promotion • Gynecology and Prenatal Care • Pediatrics • Acupuncture, Chiropractic, Naturopathy Westside Health Center (Planned Parenthood) • Primary Care Services • Family Planning • Health Benefits Advocacy • Illness Prevention and Health Promotion • Obstetrics and Gynecology • Pediatrics • Abortion Services Emeline Clinic • Primary Care Services • Walk-in Immunizations • Health Benefits Advocacy • Pediatrics • Child Health and Disability Prevention • Orthopedics • Family Planning • Laboratory, Radiology, and Pharmacy Coral Street Clinic • Urgent Care and Primary Care • Integrated Case Management • Mental Health and Substance Abuse • Health Benefits Advocacy • Counseling Beach Flats Clinic • Primary Care Services • Women’s Health • Pediatrics • Family Planning • Dental Care • HIV Testing • Obstetrics and Gynecology Dientes Community Dental Care • Emergency Dental Care • Full Range of Dental Services 42 A Promise Kept • Oral Health Advocacy Dominican Pediatric Clinic • Pediatric Services Elderday Adult Day Health (Salud Para La Gente) • Adult Day Health Watsonville Clinics Salud Para La Gente • Primary Care Services • Family Planning • Dental Care • Eye Clinic / Optometry • Health Prevention and Promotion • Health Benefits Agency • Pediatrics • Obstetrics and Gynecology Diabetes Health Center • Diabetes Self-Management • Medical Nutrition Therapy • Group Classes • Insulin Training • Glucometer Training Clinica del Valle Del Pajaro • Primary Care Services • Dental Care • Family Planning • Women’s Health • Pediatrics • Child Health and Disability Prevention • Obstetrics and Gynecology South County Clinic • Primary Care Services • Immunizations • Health Benefits Advocacy • Pediatrics • Child Health and Disability Prevention • HIV Prevention • Laboratory • Radiology • Breast Cancer Early Detection Programs • Family Planning A Promise Kept 43 Clinic Mariposa (Planned Parenthood Mar Monte) • Primary Care Services • Family Planning • Health Benefits Advocacy • Pediatrics • Obstetrics and Gynecology • Illness Prevention and Health Promotion Children’s Resource Center • Pediatrics • Child Health and Disability Prevention • Dental Care Green Valley Clinic • Obstetrics and Gynecology • Women’s Health
R54: Santa Cruz Women’s Health and Planned Parenthood specialize in women’s health, family care, and reproductive health.
R55: Specialists are available when necessary, usually through Sutter Maternity & Surgery Center, which provides some free services to the community.
R56: The County of Santa Cruz currently employs 20 full-time doctors: five primary care physicians (including two pediatricians), and 15 psychiatrists, four of which are bilingual.
R57: The recruitment of allied health practitioners and full-time county physicians is often a challenge. Response from the County: AGREES. The Health Services Agency and the Personnel Department have developed a number of successful initiatives to increase the County’s ability to recruit for various classes of health practitioners and physicians.
R58: The high cost of housing in Santa Cruz County makes recruiting primary care physicians difficult.
R59: Psychiatry has only one vacant position, and nurse practitioner positions are filled through a “feeder program” from San Jose State University. Conclusions
R60: Currently Santa Cruz County uses eight nearby counties in salary surveys: Monterey, Santa Clara, Alameda, Napa, Sonoma, Marin, Solano and San Mateo. For the most part, these are more similar to Santa Cruz than the nine counties formerly used in that they are not strictly agricultural and have living costs comparable to Santa Cruz.
R61: Recruiting and retaining physicians and other medical professionals is uniquely difficult in Santa Cruz County because it is labeled by Medicare as a rural county. The Medicare reimbursement rate is the same as Butte, Imperial and other counties with a much lower cost of living.
R62: The county health programs must compete with Dominican and Sutter for physicians and other medical professionals. Hospitals are in a unique position to pay higher salaries as their Medicare reimbursements are based on actual costs. A national Medicare study released in 2007 shows hospitals in Santa Cruz County have the highest labor costs in the country, which local health officials say means higher medical costs and insurance premiums for patients. This situation creates a difficult challenge when it comes to recruiting medical professionals.
R63: Salaries and working conditions for physicians and other medical professionals employed by the County are negotiated with the respective unions. Conclusions
Hallazgos & Recomendaciones 7 hallazgos
F1: Find the response grid that appears near the end of each Grand Jury report, look for the row with the name of the entity you represent, and then only respond to those Findings and/or Recommendations listed on that row.
F2: Provide the title and page number from the Grand Jury report.
F3: Provide the date of your response.
F4: For Findings a. Provide a copy the original Finding. b. Respond with one of the following: i. AGREE. ii. PARTIALLY AGREE (specify and explain disagreement). iii. PARTIALLY DISAGREE (specify and explain disagreement). iv. DISAGREE (specify and explain disagreement).
F5: For Recommendations a. Provide a copy the original recommendation. b. Respond with one of the following: i. Has been implemented. ii. Has not yet been implemented, but will be implemented in the future (specify expected implementation date). iii. Requires further analysis (specify the type of analysis required and the expected completion date, not to exceed six months) iv. Will not be implemented (either because it is not warranted or is unreasonable; please include an explanation).
F6: If responding to more than one report, respond to each in a separate document or on separate pages of one document.
F7: For an example, see Response Report to the 2006-2007 Santa Cruz County Grand Jury Final Report: http://www.co.santa-cruz.ca.us/grandjury. If you have questions about the response report, please contact the Grand Jury by calling (831) 454-2099 or by email: [email protected]. 2007–2008 Santa Cruz County Grand Jury Final Report Instructions for Respondents 143 Where to Respond
Recomendaciones adicionales 7

No vinculadas a hallazgos específicos.

R1: Find the response grid that appears near the end of each Grand Jury report, look for the row with the name of the entity you represent, and then only respond to those
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R2: Provide the title and page number from the Grand Jury report.
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R3: Provide the date of your response.
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R4: For Findings a. Provide a copy the original Finding. b. Respond with one of the following: i. AGREE. ii. PARTIALLY AGREE (specify and explain disagreement). iii. PARTIALLY DISAGREE (specify and explain disagreement). iv. DISAGREE (specify and explain disagreement).
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R5: For Recommendations a. Provide a copy the original recommendation. b. Respond with one of the following: i. Has been implemented. ii. Has not yet been implemented, but will be implemented in the future (specify expected implementation date). iii. Requires further analysis (specify the type of analysis required and the expected completion date, not to exceed six months) iv. Will not be implemented (either because it is not warranted or is unreasonable; please include an explanation).
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R6: If responding to more than one report, respond to each in a separate document or on separate pages of one document.
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R7: For an example, see Response Report to the 2006-2007 Santa Cruz County Grand Jury Final Report: http://www.co.santa-cruz.ca.us/grandjury. If you have questions about the response report, please contact the Grand Jury by calling (831) 454-2099 or by email: [email protected]. Instructions for Respondents 2007–2008 Santa Cruz County Grand Jury Final Report Where to Respond
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Hallazgos & Recomendaciones 48 hallazgos
F1: Santa Cruz County governmental agencies (with the exception of Scotts Valley) have joint powers agreements with Net Com specifying how emergency calls are routed for fire, police and medical assistance. Net Com then routes calls to the appropriate authorities for response.
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F2: Net Com assigns emergency calls a priority rating from one to nine, one requiring the most urgent response. The calls rating and the case details are reflected on the mobile data terminal in all squad cars.
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F3: The County’s only booking facility is at the Main Jail in Santa Cruz so all law enforcement officers must transport arrestees there. Approximately 13,000 persons are booked at the Main Jail each year. This often results in overcrowding in the Main Jail 51 2007–2008 Santa Cruz County Grand Jury Final Report booking area and delays for the law enforcement officers. The officers must wait and cannot return to other duties until the arrestee has been processed through the system. Response from the County: AGREES.
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F4: Intake process: • All squad cars and persons are monitored via video surveillance as they enter the vehicle sally port (an enclosed area secured by locked doors at each end, only one of which can be opened at any one time). • Officers then lead suspects through a pedestrian sally port and into the booking area. • Officers of the same gender pat down the suspects and complete the suspects’ health intake questionnaires. • For medical reasons, the facility nurse may refuse suspects admittance to the jail. If refused admittance, they are taken directly to Dominican Hospital. Upon receiving medical clearance from the hospital, suspects are taken back to the Main Jail to complete the booking process. • An audio and video recording is made of the booking and kept in storage for a period of two years.
F5: After walking through a metal detector, suspects are put into a group holding cell. Special needs arrestees and women are kept in separate cells. Intoxicated arrestees are put into the jail’s “drunk tank” for a minimum of five hours. If intoxication prevents them from standing or communicating coherently, they are taken to a local medical emergency room for detox. A violent arrestee is placed in a restraint chair in a private safety cell with two large viewing panels and checked every 15 minutes.
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F6: At the start of the booking process all personal property, except one shirt, a pair of pants, underwear, and socks, is taken from the detainee, labeled and stored either in the jail’s property room or a valuables locker. These items are returned when the inmate is released.
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F7: The Grand Jury commends Sutter Maternity & Surgery Center for providing the services of medical specialists to those in need. Medical Staff Recruitment and Salaries 2000-2001 Grand Jury Recommendation 11: In the recruitment of health care professionals, salary surveys conducted in nearby agricultural counties are no longer pertinent to this County. In the next round of County salary negotiations, surveys should be conducted that use counties more comparable to the emerging characteristics of Santa Cruz County. County Response: The County has utilized the nine-County comparison for over thirty years, and this long-term base of information is useful in evaluating salaries. The nine- County comparison is used as a guide along with other information such as the Consumer Price Index, turnover statistics, recruitment and retention rates, the relationship between positions within the County, changes in classifications, and operational changes. Other jurisdictions are also surveyed, as appropriate. 2007-2008 Grand Jury Findings
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F8: The Grand Jury commends the Health Services Agency for the innovative way it has succeeded in providing quality health care to county low-income residents despite financial limitations.
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F9: Newly housed inmates can shower and must change into jail-issue clothes. Personal clothing is labeled and stored with the rest of the inmate’s property. Money in the possession of the suspect at the time of arrest is posted as a credit to a personal jail account. Main Jail 2007–2008 Santa Cruz County Grand Jury Final Report
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F10: Each inmate is issued a kit, which includes clothing, bedding, utensils, and hygiene items.
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F11: Prior to admittance, a nurse performs a medical review of each inmate, including taking vital signs. A doctor is on call if needed.
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F12: In March 2008 the Sheriff’s office implemented a new fingerprint picture system called the Automated Fingerprint Identification System (AFIS). This system includes photographs, palm print and fingerprints of a suspect. The AFIS system provides positive identification of a suspect throughout the intake process and interfaces with the state mug shot system. In the near future a pilot project will be implemented making AFIS available to law enforcement officers on squad car monitors.
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F13: Those arrested for drug or weapons offenses, or suspected of hiding drugs or weapons, may require body inspection. This procedure – a visual, non-contact search must be approved by a supervisor and performed by a correctional officer of the same gender. For this type of inspection, the Sheriff’s Office recently constructed a separate room to ensure privacy. Those refusing to cooperate are x-rayed. If x-rays reveal contraband, approval is then secured through a court order and the person is taken to Dominican Hospital for removal of the contraband.
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F14: After voters approved Proposition 69 in November 2004, the Sheriff’s Office implemented a new procedure requiring all convicted felons to submit a DNA sample. A cheek swab sample from offenders is sent to the Department of Justice for processing and inclusion in the State database. Staffing
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F15: The County’s mental health program is active and in good hands and is continually adapting to the changing needs of the community.
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F16: The Division works well, has effective coordination with many nonprofit organizations in the county, and maintains a constant effort for structural improvement.
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F17: Financing mental health programs is a continual struggle. Clients sometimes have problems finding appropriate services because they do not meet the funding requirements. Mental health staff strive to find creative ways to match client needs in spite of restrictions placed on various funding sources.
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F18: The Division recognizes cultural issues in treating county mental health patients. This perspective is important to ensure the effective delivery of services because cultural issues may make that more difficult, such as when families feel embarrassed by a member with a mental illness and may not acknowledge it as a legitimate health problem.
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F19: Effective programs have been developed that recognize the importance of family relationships. Both children and adults are treated. Establishing more peer counseling is a priority.
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F20: A comprehensive approach is the most pressing need in the system. Along with counseling and medication, affordable housing, tenured living spaces, and job development are all necessary for proper treatment.
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F21: While all “safety net clinics” are not geared toward families, they are putting forth their best efforts to meet the various needs of the uninsured and Medi-Cal patients in Santa Cruz County.
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F22: Santa Cruz County needs to recruit more specialists and internists because of the increase in the number of elderly patients with complex health problems. A Promise Kept 2007–2008 Santa Cruz County Grand Jury Final Report Commendation
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F23: The Health Services Agency is able to recruit adequate medical staff and negotiate appropriate wage and benefit packages under very difficult circumstances. A Promise Kept 45 2007–2008 Santa Cruz County Grand Jury Final Report
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F24: The County has found innovative ways to meet the medical needs of low-income residents through grants and creative staffing. Anticipated budget cuts threaten this tenuous balance, but the Grand Jury believes that the County is going to be able to continue to provide a basic level of staffing to meet the minimal needs of low-income residents. Commendation
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F25: According to Titles 15 and 24, inmates must have individual cells, a group day room, and a group patio area. Title 24 requires 35 square feet of floor space per inmate in the dayrooms and tables and seating to accommodate the maximum number of inmates allowed at any given time. Due to the overcrowding at the facility, these requirements cannot always be met.
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F26: Showers and bathrooms are located in each of the units. The 2005 State report indicated many of the bathroom and shower areas were “filthy, as are the majority of the cells, which are cluttered with paper and leftover food from meals.” In 2006, the Sheriff’s Office spent $99,000 on remodeling and mildew removal in one of the shower facilities at the Main Jail. The 2007 State Inspection report indicated shower areas and individual cells were in compliance with Title 24 standards. However, County Environmental Health Services completed an annual evaluation in 2007, and the jail was granted an environmental health clearance with the exception of the shower areas, which the report indicated are still in need of repair. In November 2007, two female jurors on an unscheduled visit to one of the women’s housing units inspected H unit shower area, the community bathroom and an inmate cell. These areas were found to be clean and in good condition. In December 2007, two male jurors on an unscheduled visit inspected the men’s housing units E, F and Q and found the shower, toilet areas and the individual cells clean but not tidy. In March 2007, two female jurors on an unscheduled visit inspected the G unit shower area. They found it to be badly in need of repair with toilet paper stuffed around the shower head, and the entire shower and the walls in the adjacent dressing room area covered with water. Mold and the smell of mildew were also present. Inmates have complained that some of the shower areas have small flies that swarm inside the shower and bugs that come up from the drain.
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F27: Each inmate is responsible for the cleanliness of his/her housing area including the showers. Floors must be swept and mopped daily. All inmate privileges are withheld until the housing area is clean. This is a non-directed activity. Correctional officers provide each unit with a mop, bucket with water and cleanser on a daily basis (or more often if requested) to clean the floors and shower areas. Periodically a stronger disinfectant is provided to alleviate bacterial growth in the shower areas. Response from the County: AGREES.
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F28: The heating, ventilation, and air conditioning system (HVAC) is aging and outdated and does not provide consistent heating and cooling throughout the facility. Some areas of the jail are very cold while others are too warm. Maintaining the HVAC system is the responsibility of the General Services Department (GSD). Its response Main Jail 55 2007–2008 Santa Cruz County Grand Jury Final Report to the Sheriff Office concerns has been slow, repairs take too long, and, to date, the problems have not been corrected. Response from the County: AGREES. The Main Jail at 259 Water does not have cooling in the inmate housing area. The heating system was designed with an occupancy load for a much lower population. To meet the current air changes for the increased population, more outside air needs to be introduced to the facility that will in turn create a higher heating load for the building. The existing equipment was not designed to maintain the increased load which results in heating inconsistencies in the building. As for the response time, the work order data base shows that General Services responded either the same day or the next working day to reported problems.
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F29: Many inmates have filed Inmate Request Forms (green slips) about being too cold or too hot. No sweaters are allowed in the jail. Two thin cotton blankets are allowed in the summer and three in the winter. Additional blankets must be requested via a green slip. Correctional officers determine if an additional blanket will be issued. It is rare for an inmate to receive more than the allotted number of blankets. According to inmates, correctional officers confiscate any additional blankets they find.
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F30: As a result of the fire marshal 2007 inspection, the facility was granted a fire and life safety clearance.
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F31: While there are no outside windows in the inmate housing units, the front of each has windows facing a central area where the correctional officers are located. The central command area has dimmed red lighting so the officers can see into each of the well- lighted housing units. Food trays and medicine are dispensed from this central area through openings in the main door of each unit. This type of detention facility in which no correctional officers are located within the inmate housing areas is called a “podular design” system. Such a configuration contrasts with a direct supervision detention facility in which the correctional officers are located directly in the inmate housing areas.
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F32: In 2005, a computerized program was established to monitor inmate classification, housing movements and disciplinary actions. The Sheriff’s Office Detention Bureau hopes to replace that system with a comprehensive jail management system in the next two years that will integrate the current classification system with medical, commissary, food, and inmate records management (currently located across the street in the county building). To date no funding has been secured for this project.
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F33: Department 11 of the Santa Cruz Superior Court handles the drug cases and is now located at the Main Jail. Fifty to 100 inmates are taken from their cells to court each week in shackles and chains. Having drug court located at the Main Jail has eliminated the need for transport to the county court house on Ocean Street and has facilitated a more efficient handling of drug cases.
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F34: Policies and procedures are in place to ensure the facility’s security, but it is an ongoing concern for the staff. Last year, two inmates attempted unsuccessfully to escape. Main Jail 2007–2008 Santa Cruz County Grand Jury Final Report Inmate Services
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F35: Inmates may see visitors in one of the five visiting rooms during visiting hours. All visits are audio recorded. Inmates and visitors are separated by a wire and plexiglass barrier. Inmates must complete a visitor request form before any visits will be allowed. Staff must pre-approve all visitors before they are scheduled. The inmate’s visitor lists can be updated only once every 30 days from the date the original list was completed.
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F36: Professional interview rooms are available 24 hours a day for the inmates and their attorneys or the clergy. To preserve client confidentiality, no recordings are made in these rooms.
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F37: Each of the housing units has a secure outdoor area for basketball, handball and exercise. Board games, cards and puzzles are also available. Newly released movies are rented from Swank distribution for monthly movie viewing.
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F38: Other services available include television (both Spanish and English from 7 a.m. to 11 p.m.) and a limited selection of paperback books. Inmates may purchase any book or periodical accepted for distribution by the U.S. Post Office. A law library is available to provide legal research assistance for inmates and UCSC Women’s Center Inside-Out offers writing workshops.
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F39: Inmates are served three meals per day (at 6:00 a.m., 11:30 a.m. and 5:00 p.m.). A maximum of 30 minutes is allowed for consumption and/or disposal of a meal. The county nutritionist plans the meals according to the standards set forth in the California Code of Regulations. The inmates receive a total of 2,600 calories a day according to Title 15 standards. The kitchen area was originally built to serve 90 inmates. The kitchen passed the 2007 State Standards review even though it is outdated and extremely small for the current jail population.
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F40: Once a week, inmates have access to a commissary. They may purchase from a pre- approved list of items, such as snacks, canvas shoes, nail clippers, cosmetic items. Inmates must use money placed in their individual accounts to purchase commissary items. Upon their request, inmates with less than $3 in their accounts may be given the following items once each week: six sheets of paper, two stamped envelopes, two shampoo packets, a pencil, a toothbrush, toothpaste, and a comb.
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F41: Friends Outside, a program provided by Volunteer Center of Santa Cruz County, helps maintain outside contacts, and assists inmates in conducting basic and necessary transactions, such as banking and paying bills. They also provide reading glasses.
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F42: The jail chaplain provides religious services while several local churches of numerous denominations provide Bible studies, communion services and prayer groups.
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F43: Drug counseling is provided by Alto and Janus of Santa Cruz. Programs are also offered by Alcoholic Anonymous (AA) and Narcotics Anonymous (NA), Dual Diagnosis Group, and Criminal Gangs Anonymous.
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F44: Inmates qualified to vote may request voting material from the Elections Department. Corrections personnel deliver material to the election department for the inmates. Main Jail 57
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F60: Currently Santa Cruz County uses eight nearby counties in salary surveys: Monterey, Santa Clara, Alameda, Napa, Sonoma, Marin, Solano and San Mateo. For the most part, these are more similar to Santa Cruz than the nine counties formerly used in that they are not strictly agricultural and have living costs comparable to Santa Cruz.
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F61: Recruiting and retaining physicians and other medical professionals is uniquely difficult in Santa Cruz County because it is labeled by Medicare as a rural county. The Medicare reimbursement rate is the same as Butte, Imperial and other counties with a much lower cost of living.
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F62: The county health programs must compete with Dominican and Sutter for physicians and other medical professionals. Hospitals are in a unique position to pay higher salaries as their Medicare reimbursements are based on actual costs. A national Medicare study released in 2007 shows hospitals in Santa Cruz County have the highest labor costs in the country, which local health officials say means higher medical costs and insurance premiums for patients. This situation creates a difficult challenge when it comes to recruiting medical professionals.
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F63: Salaries and working conditions for physicians and other medical professionals employed by the County are negotiated with the respective unions. Conclusions
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Recomendaciones adicionales 25

No vinculadas a hallazgos específicos.

R6: The County is to be commended for developing and supporting vibrant mental health programs managed by experienced and dedicated staffs. The programs are dynamic and flexible enough to keep up with the demands of clients and changing methods of treatment. Clinic Reconfiguration 2000-2001 Grand Jury Recommendation 10: County clinics should be reconfigured to family-oriented primary and preventive care, backed by clinical specialties and case- managed group therapy for persons at high risk or suffering chronic and recurring illness. These measures will require the recruitment of full-time county physicians and allied practitioners. County Response: This recommendation is being implemented. 2007-2008 Grand Jury Findings
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R7: The Grand Jury commends Sutter Maternity & Surgery Center for providing the services of medical specialists to those in need. Medical Staff Recruitment and Salaries 2000-2001 Grand Jury Recommendation 11: In the recruitment of health care professionals, salary surveys conducted in nearby agricultural counties are no longer pertinent to this County. In the next round of County salary negotiations, surveys should be conducted that use counties more comparable to the emerging characteristics of Santa Cruz County. County Response: The County has utilized the nine-County comparison for over thirty years, and this long-term base of information is useful in evaluating salaries. The nine- County comparison is used as a guide along with other information such as the Consumer Price Index, turnover statistics, recruitment and retention rates, the relationship between positions within the County, changes in classifications, and operational changes. Other jurisdictions are also surveyed, as appropriate. 2007-2008 Grand Jury Findings
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R8: The Grand Jury commends the Health Services Agency for the innovative way it has succeeded in providing quality health care to county low-income residents despite financial limitations. Recommendation
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R11: The Grand Jury recommends that the Health Services Agency continue to build the network of mental health services countywide. Response from the County: HAS BEEN IMPLEMENTED.
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R12: Staff development, including improved training and new methods for reviewing program results, would increase the effectiveness of the Health Services Agency. Response from the County: HAS BEEN IMPLEMENTED. HSA will further expand staff development as additional funding becomes available.
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R13: The Grand Jury recommends that the Board of Supervisors support coordination of the various funding streams by the Health Services Agency so that available funds can be used to match the diverse needs of the clients. A Promise Kept 2007–2008 Santa Cruz County Grand Jury Final Report Response from the County: HAS BEEN IMPLEMENTED. HSA will continue efforts to coordinate and increase various funding streams to meet the needs of our clients.
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R14: The Board of Supervisors should ensure adequate funding for patients’ employment services, which play an important part in mental health treatment. Response from the County: HAS BEEN IMPLEMENTED. The Board of Supervisors restored $50,000 for employment services in the 2008-09 budget.
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R15: It would be beneficial for the Health Services Agency to continue developing mental health outreach and education programs to provide even more community social support for recovering patients, so they can feel welcome in their communities. Support resources can include churches and neighborhood organizations. Response from the County: HAS BEEN IMPLEMENTED. HSA will continue developing outreach and educational programs as funding becomes available. Commendation
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R16: The Grand Jury urges the Health Services Agency to continue to seek grants and other alternative sources for funds to pay competitive salaries to health professionals. Response from the County: HAS BEEN IMPLEMENTED and will continue to be a high priority for the Health Services Department.
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R21: While all “safety net clinics” are not geared toward families, they are putting forth their best efforts to meet the various needs of the uninsured and Medi-Cal patients in Santa Cruz County.
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R22: Santa Cruz County needs to recruit more specialists and internists because of the increase in the number of elderly patients with complex health problems. A Promise Kept 2007–2008 Santa Cruz County Grand Jury Final Report Commendation
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R23: The Health Services Agency is able to recruit adequate medical staff and negotiate appropriate wage and benefit packages under very difficult circumstances. A Promise Kept 45 2007–2008 Santa Cruz County Grand Jury Final Report
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R24: The County has found innovative ways to meet the medical needs of low-income residents through grants and creative staffing. Anticipated budget cuts threaten this tenuous balance, but the Grand Jury believes that the County is going to be able to continue to provide a basic level of staffing to meet the minimal needs of low-income residents. Commendation
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R52: In the County of Santa Cruz, “safety net clinics,” (i.e., county or nonprofit clinics), take patients that are uninsured regardless of their ability to pay.
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R53: Current public and non-profit clinics, as a whole, have not been reconfigured to family-oriented and preventative care, but rather each clinic has an area or multiple areas of concentration which are listed below. Santa Cruz Clinics A Promise Kept 41 2007–2008 Santa Cruz County Grand Jury Final Report Santa Cruz Women’s Health • Primary Care for Women and Children • Family Planning • Health Benefits Advocacy • Illness Prevention and Health Promotion • Gynecology and Prenatal Care • Pediatrics • Acupuncture, Chiropractic, Naturopathy Westside Health Center (Planned Parenthood) • Primary Care Services • Family Planning • Health Benefits Advocacy • Illness Prevention and Health Promotion • Obstetrics and Gynecology • Pediatrics • Abortion Services Emeline Clinic • Primary Care Services • Walk-in Immunizations • Health Benefits Advocacy • Pediatrics • Child Health and Disability Prevention • Orthopedics • Family Planning • Laboratory, Radiology, and Pharmacy Coral Street Clinic • Urgent Care and Primary Care • Integrated Case Management • Mental Health and Substance Abuse • Health Benefits Advocacy • Counseling Beach Flats Clinic • Primary Care Services • Women’s Health • Pediatrics • Family Planning • Dental Care • HIV Testing • Obstetrics and Gynecology Dientes Community Dental Care • Emergency Dental Care • Full Range of Dental Services 42 A Promise Kept 2007–2008 Santa Cruz County Grand Jury Final Report • Oral Health Advocacy Dominican Pediatric Clinic • Pediatric Services Elderday Adult Day Health (Salud Para La Gente) • Adult Day Health Watsonville Clinics Salud Para La Gente • Primary Care Services • Family Planning • Dental Care • Eye Clinic / Optometry • Health Prevention and Promotion • Health Benefits Agency • Pediatrics • Obstetrics and Gynecology Diabetes Health Center • Diabetes Self-Management • Medical Nutrition Therapy • Group Classes • Insulin Training • Glucometer Training Clinica del Valle Del Pajaro • Primary Care Services • Dental Care • Family Planning • Women’s Health • Pediatrics • Child Health and Disability Prevention • Obstetrics and Gynecology South County Clinic • Primary Care Services • Immunizations • Health Benefits Advocacy • Pediatrics • Child Health and Disability Prevention • HIV Prevention • Laboratory • Radiology • Breast Cancer Early Detection Programs • Family Planning A Promise Kept 43 2007–2008 Santa Cruz County Grand Jury Final Report Clinic Mariposa (Planned Parenthood Mar Monte) • Primary Care Services • Family Planning • Health Benefits Advocacy • Pediatrics • Obstetrics and Gynecology • Illness Prevention and Health Promotion Children’s Resource Center • Pediatrics • Child Health and Disability Prevention • Dental Care Green Valley Clinic • Obstetrics and Gynecology • Women’s Health
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R54: Santa Cruz Women’s Health and Planned Parenthood specialize in women’s health, family care, and reproductive health.
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R55: Specialists are available when necessary, usually through Sutter Maternity & Surgery Center, which provides some free services to the community.
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R56: The County of Santa Cruz currently employs 20 full-time doctors: five primary care physicians (including two pediatricians), and 15 psychiatrists, four of which are bilingual.
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R57: The recruitment of allied health practitioners and full-time county physicians is often a challenge. Response from the County: AGREES. The Health Services Agency and the Personnel Department have developed a number of successful initiatives to increase the County’s ability to recruit for various classes of health practitioners and physicians.
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R58: The high cost of housing in Santa Cruz County makes recruiting primary care physicians difficult.
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R59: Psychiatry has only one vacant position, and nurse practitioner positions are filled through a “feeder program” from San Jose State University. Conclusions
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R60: Currently Santa Cruz County uses eight nearby counties in salary surveys: Monterey, Santa Clara, Alameda, Napa, Sonoma, Marin, Solano and San Mateo. For the most part, these are more similar to Santa Cruz than the nine counties formerly used in that they are not strictly agricultural and have living costs comparable to Santa Cruz.
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R61: Recruiting and retaining physicians and other medical professionals is uniquely difficult in Santa Cruz County because it is labeled by Medicare as a rural county. The Medicare reimbursement rate is the same as Butte, Imperial and other counties with a much lower cost of living.
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R62: The county health programs must compete with Dominican and Sutter for physicians and other medical professionals. Hospitals are in a unique position to pay higher salaries as their Medicare reimbursements are based on actual costs. A national Medicare study released in 2007 shows hospitals in Santa Cruz County have the highest labor costs in the country, which local health officials say means higher medical costs and insurance premiums for patients. This situation creates a difficult challenge when it comes to recruiting medical professionals.
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R63: Salaries and working conditions for physicians and other medical professionals employed by the County are negotiated with the respective unions. Conclusions
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Hallazgos & Recomendaciones 30 hallazgos
F1: The facility is well maintained and clean.
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F2: The staff is professional, well trained, and knowledgeable performing day-to-day operations as well as skilled at interacting with inmates.
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F3: The inmate restraint system implemented approximately a year and a half ago has resulted in fewer escape attempts and violent incidents.
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F4: Moving drug court cases to the Main Jail has reduced the number of inmates transported and processed through the main courthouse and Court Holding.
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F5: Because the deputies in Court Holding have to maintain a high level of attention while handling potentially dangerous prisoners, rotating assignments in Court Holding seems to be beneficial. This procedure enables deputies to remain alert and fresh while gaining valuable experience.
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F6: Equipment for recording and storing video of holding cell activity would be useful for training and evidence gathering purposes.
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F7: Law enforcement officers are not allowed to bring their firearms into Court Holding; they must secure them in lock boxes in the sally port area.
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F8: Adult inmates are brought to Court Holding from other county detention facilities in a transport van. The van has three compartments to allow for separation of inmates according to classification, with a maximum capacity of 13 inmates. Juveniles are transported alone, either by a deputy in a squad car or in the van. Moving of inmates begins as early as 6:00 a.m. The van makes two round trips per day from the Main Jail and Rountree facilities. Because one van isn’t enough, Watsonville Court Holding relies on Santa Cruz vans to help transport the Court Holding inmates. Response from the County: AGREES. A sally port is an enclosed area secured by locked doors at each end, only one of which can be opened at any one time. Court Holding – Watsonville 2007–2008 Santa Cruz County Grand Jury Final Report
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F9: Transport vans carrying inmates enter the courthouse garage through a vehicle sally port. Within the secure area there is room for up to three vans.
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F10: Within the garage there is a ramp for disabled inmates to leave the van and enter the facility.
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F11: There are two separate pedestrian sally ports leading from the garage into the Court Holding area, one for officers and one for inmates.
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F12: Most detainees are brought to Court Holding in ankle and wrist restraints and remain in restraints until they are returned to their detention facility. Minimum-security inmates from the Rountree Detention Facility wear only ankle restraints.
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F13: As of April 7th ten officers staff the fully operational facility.
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F14: Court Holding is expected to handle an average of 24 inmates per day. The maximum capacity of the facility is 48 per day.
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F15: The six holding cells are designated for inmates with specific classifications: • General population • Females • Juveniles • Special needs (requiring wheel chair access) • Administrative segregation – Sureños • Administrative segregation – Norteños
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F16: Each holding cell has a door with a window, a sink, and a toilet. Unlike Santa Cruz Court Holding, inmates can flush the toilets from inside the cell.
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F17: Correctional Officers physically check all holding cells every 30 minutes, except the juvenile cell, which they check every 15 minutes.
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F18: The window to the holding cell designated for juveniles is covered by a metal plate to ensure sight and sound separation from the rest of the facility.
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F19: All cells are monitored by surveillance cameras. However, view of the toilet areas is blocked.
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F20: A decontamination shower is available should an inmate be pepper sprayed.
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F21: Audio communication buttons and red panic buttons are located throughout the Court Holding hallways, providing direct communication with the control room.
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F22: Two elevators provide direct access to the third floor courtrooms. One elevator accesses courtrooms A and B, the other C and D.
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F23: All inmates are escorted to court by a correctional officer. Inmates must stand facing the wall when in the elevator. Each elevator has video and audio surveillance, and a panic button, which if pressed causes the elevator to go to the first floor and the doors to open automatically.
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F24: There are instances when an officer such as a bailiff, who does carry a firearm while in court, wishes to enter Court Holding via an elevator from a courtroom. That officer must first secure the firearm in a locker located outside the courtrooms on the third floor. Court Holding – Watsonville 95 2007–2008 Santa Cruz County Grand Jury Final Report Conclusions
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F25: All inmates are counted at least every two hours to ensure no one is missing.
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F26: The facility is equipped with hobby, pool, and television rooms. Outdoor facilities include handball and basketball courts.
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F27: Visitors are allowed on Saturdays and Sundays. Staff must pre-approve all visitors, and inmates may have a maximum of eight approved visitors on file at one time.
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F28: Support programs are provided for the inmates by Alcoholics Anonymous and Narcotics Anonymous, with meetings twice a week. Religious services are available three days a week, and counseling is provided every other week. A facilitator assists inmates as they prepare for release. Inmates may also work for their General Equivalency Diploma (GED) via courses available by mail.
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F29: Whenever there is a change of custody between Camp 45 and Cal Fire, it is performed with a careful process of photo ID verification.
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F30: The bus arrives every Tuesday to drop off new inmates and Wednesday to pick up any inmates leaving the camp. Conclusions
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Recomendaciones adicionales 2

No vinculadas a hallazgos específicos.

R1: The Grand Jury recommends equipment be purchased for video recording activity in all areas of the Court Holding facility, and space found to store equipment and recordings. While this recommendation was previously made in the 2006-2007 Grand Jury report — and the Sheriff’s Office agreed — it has yet to be implemented. Response from the County: HAS NOT BEEN IMPLEMENTED. This recommendation has not been implemented due to funding and space restrictions. It will be considered in the future as funding becomes availability. The cost of security equipment for the Courts is the responsibility of the Superior Court who will have to approve any expenditure.
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R2: The Grand Jury recommends GED classes be made available on site for inmates.
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Hallazgos & Recomendaciones 11 hallazgos
F1: Booking. A more efficient booking process would reduce time officers unavailable to perform services in their own jurisdictions.
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F2: Staffing. Although hourly welfare checks are being performed, and shift supervisors routinely check to ensure rounds are being done, other activities such as cell searches are being delayed due to lack of staff.
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F3: Operations. The General Services Department should respond to complaints about and perform maintenance of the HVAC system in a more timely manner.
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F4: Operations. Some shower areas are in need of immediate repair and many need to be kept in better sanitary condition.
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F5: Inmate Services. The kitchen was originally built to accommodate 90 inmates. It needs to be enlarged and updated to serve the state-rated capacity of 311 inmates.
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F6: Medical Services. An additional exam room is needed for speedier delivery of medical services.
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F7: Medical Services. Because of the lack of alternative facilities, mentally ill inmates on a 5150 hold are kept in solitary confinement in the medical unit for long periods of time. The Main Jail is not licensed to provide ongoing care for this type of inmate. Main Jail 2007–2008 Santa Cruz County Grand Jury Final Report
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F8: Overcrowding. Inmate overpopulation has led to reduced usability of common areas and inmates locked in their cells for longer periods.
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F9: Overcrowding. Even though the current population exceeds the state-rated capacity, the Sheriff’s Office, along with the Probation Department, has made substantial progress in reducing the number of inmates.
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F10: Overcrowding. The crowding problem strains the facility’s infrastructure and the staff’s ability to deliver services to the inmates. Because of the facility’s age and deteriorating condition and the impact of inmate overpopulation, increased maintenance will be needed in the future.
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F28: makes no distinction between Regional Occupational Program classes and Watsonville Adult Education classes. They are operated by two distinct entities. Watsonville Adult Education is a Pajaro Valley Unified School District function and the Regional Occupational Program is a County Office of Education function. ROP can offer only Career Technical Education courses under California Education Code. By law, ROP does not offer skill-building classes. All classes at Rountree, with the exception of Auto Body and Computer Applications are under the jurisdiction of Watsonville Adult Education. Of the two ROP instructors at the facility, the Auto Body instructor is a native Spanish- speaker. The Computer Applications instructor is semi-fluent in speaking and fully fluent in understanding Spanish. All ROP teachers are trained in Sheltered Instruction under the requirements of the State of California as part of their credential process. ROP does not employ teachers’ aides. ROP will, of course, make every effort to provide instruction in dual languages. 29. Minimum security inmates can walk away from the facility, and it happens about four times a year. Those who walk away are generally rearrested within 24 hours. They are then likely to be held at the Main Jail for the remainder of their sentences, and new charges can result. 30. Due to the lack of fencing around the facility, Rountree has had problems with unauthorized persons entering the grounds. This has enabled contraband to be dropped off in the parking lot area which can be picked up by inmates working in the area and brought into the facility. The Grand Jury has been informed the Sheriff’s office has secured $72,000 to install fencing around the front of the facility. The automatic gates into the facility would be controlled from the control Rountree 71 2007–2008 Santa Cruz County Grand Jury Final Report room located in the medium security section of Rountree. The Sheriff’s Office is waiting for the General Services Department (GSD) to put this project out to bid. Response from the County: AGREES. 31. Exercise and recreational options are adequate and include basketball, weight lifting, horseshoes, volleyball, baseball, soccer and ping pong. 32. The County has provided $48,000 in funding to repair and replace the shower posts, flooring and support walls at the Jail Farm. This was reported to be a problem in the Environmental Health Report. Funding has been secured for this project. Rountree staff is still awaiting GSD to put the project out to bid. Conclusions 1. Correctional officers and civilian workers at Rountree Detention Center appear to be respectful of inmate rights, experienced in dealing with inmates, and well trained in security procedures. 2. Inmate visits in both facilities are well managed and beneficial to both the inmates and their families. 3. The maintenance and cleanliness of all areas of both facilities is good. 4. There are a commendable variety of constructive activities and skill building classes for inmates although few are conducted by Spanish-speaking teachers. 5. Because the Rountree jail inmate populations are consistently under capacity, the facilities could be better utilized to relieve the overcrowding at the Main Jail. 6. The staffing of the facilities is inadequate to properly oversee, protect, and transport the inmate population. 7. Onsite medical care is currently available 40 hours a week. The newly approved nursing weekend hours are needed to assure that medical problems are properly assessed and expeditiously treated. This weekend coverage will allow qualified inmates who need mental health maintenance medications to be transferred from the Main Jail to Rountree. 8. The video surveillance system has been noted to be inadequate in earlier Grand Jury reports, but it has still not been improved. 9. Installation of fencing around the facility would prohibit the public from entering the facility without permission and would deter contraband from entering the facility. 10. The Grand Jury agrees with the Environmental Health Report that the shower posts, flooring and support walls at the Jail Farm are in need of repair and replacement.
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Recomendaciones adicionales 11

No vinculadas a hallazgos específicos.

R1: Booking. The Grand Jury recommends the Board of Supervisors and the Sheriff’s Office locate funding to staff the Main Jail’s booking area and/or revise the booking protocols to reduce the time law enforcement officers must wait while completing the booking process. Response from the County: WILL BE IMPLEMENTED. The County is in the process of purchasing a Records Management System/Jail Management System (RMS/JMS) and an Automated Finger Print System (AFIS) which will significantly streamline the booking process.
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R2: Staffing. The Grand Jury recommends the Board of Supervisors and the Sheriff’s Office locate moneys for the five currently unfunded correctional officer positions. Response from the County: WILL NOT BE IMPLEMENTED. Although a number of positions in other departments were held unfunded due to fiscal constraints in the 2008-09 budget, these particular positions are designed as over-hires to provide the Sheriff with additional flexibility in filling positions which are scheduled to become vacant. The Board of Supervisors will continue to work closely with the Sheriff to support the operations of the department.
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R3: Staffing. The Grand Jury recommends the Sheriff’s Office record the video surveillance of the building facility.
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R4: Operations. The Grand Jury strongly recommends the Board of Supervisors directs that the General Services Department (GSD) fix the existing HVAC system or replace it with one that provides adequate heat and cooling of the inmate housing units. Response from the County: WILL NOT BE IMPLEMENTED. The recommendation to replace the existing heating system with a new heating, ventilation, air conditioning (HVAC) system is not feasible due to funding constraints facing the County at this time. As with all plant projects, future consideration will be given in view of health and safety priorities, department operational requirements and available resources. Main Jail 65 2007–2008 Santa Cruz County Grand Jury Final Report
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R5: Operations. The Grand Jury strongly recommends the Sheriff’s Office and Board of Supervisors locate the necessary funding to repair shower areas as noted on the environmental health report and to direct the GSD makes repair of these shower areas a top priority. Response from the County: HAS BEEN IMPLEMENTED. The Board authorized $225,000 in 2006-07 for the second phase of remodeling showers. This phase involved tear down, structural assessment, and rebuild. In 2007-08, an additional $140,000 was authorized to repair a few specific shower units. This project will go to bid in October 2008. .
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R6: Operations. The Grand Jury recommends the Sheriff’s Office modify their operation protocols to direct the use of a strong disinfectant as frequently as necessary to inhibit infestation of insects and mold in the shower areas.
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R7: Inmate Services. The Grand Jury recommends the Board of Supervisors and the Sheriff’s Office locate funding to expand and update the kitchen facilities at the Main Jail. Response from the County: WILL BE IMPLEMENTED. The Sheriff’s Office is working with the Criminal Justice Research Foundation of Sacramento to develop options for addressing kitchen issues.
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R8: Medical Services. The Grand Jury recommends the Board of Supervisors and the Sheriff’s Office purchase additional mattresses and blankets for the inmates.
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R9: Medical Services. The Grand Jury recommends the blue slip protocols be revised to allow inmates to receive more efficient and timely medical services.
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R10: Medical Services. The Grand Jury recommends the Sheriff’s Office and HSA develop a comprehensive strategy to meet the ongoing mental health needs of the 5150 inmates. Response from the County: REQUIRES FURTHER ANALYSIS and is dependent on current contract negotiations with Dominican and other out of county facilities.
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R11: Overcrowding. The Grand Jury recommends the Sheriff’s Office continue working with the overcrowding committee to reduce crowding at the Main Jail.
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Hallazgos & Recomendaciones 34 hallazgos
F1: One of only four facilities in the nation to be so recognized, Santa Cruz County Juvenile Hall is a model site for the Annie E. Casey Foundation Juvenile Detention Alternatives Initiative (JDAI). JDAI objectives are: (cid:131) To reach consensus among all juvenile justice agencies about the purpose of secure detention and to eliminate its inappropriate or unnecessary use (cid:131) To reduce the number of alleged delinquents failing to appear in court or committing new offenses (cid:131) To use limited juvenile justice resources in a more efficient manner by developing responsible alternatives to secure confinement rather than adding new detention beds (cid:131) To improve conditions and alleviate overcrowding in secure detention facilities
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F2: Santa Cruz County Juvenile Hall has been recognized by the Justice Policy Institute in Washington, D.C., for its successful reduction in the number of minors detained through implementation of reforms inspired by the Juvenile Detention Alternatives Initiative. Facilities
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F3: The rated capacity of Juvenile Hall is 42. The facility experienced its highest daily count of 61 detainees in January 1997. As a result, the Probation Department developed a continuum of alternatives to detention designed to maintain the population of the Juvenile Hall below the rated capacity without impacting public safety. Although primary funding for these support programs comes from the County Juvenile Hall 75 2007–2008 Santa Cruz County Grand Jury Final Report of Santa Cruz, the Probation Department has secured State mental health and private foundation grants.
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F4: The average daily occupancy for 2006-2007 was 25 with an annual admission of 894. On the day of the inspection, there were 19 males and one female. However, the staff reported there are usually 20-25 percent females and 75-80 percent males. About 55 percent of youth are listed as non-White. Typically, all occupants are between the ages of 12 and 18, but rare exceptions occur, when someone younger than 12 or older than 18 may be housed at Juvenile Hall. The average age of juveniles housed is 16. Older youth can be held at Juvenile Hall if their offenses occurred prior to age 18.
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F5: The facility passed inspection by the State of California Department of Corrections and Rehabilitation on July 9, 2007. The inspection process was conducted by the fire marshal, health department, building inspector, superintendent of schools, the juvenile court and the Juvenile Justice Commission. The medical, mental health, nutrition and environmental health inspections revealed no deficiencies. The fire marshal’s report rated the facility as having “a reasonable level of fire and life safety.”
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F6: Juveniles are housed in two units connected by a common hallway. The “A” unit houses older, more sophisticated offenders who have committed more serious crimes, while the “B” unit houses girls and the younger, less sophisticated male detainees.
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F7: Juveniles are housed in small private rooms. Each room has a toilet, sink, drinking fountain and bed.
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F8: Some doors to the rooms were previously modified to swing out into the hall rather than into the rooms, which increased living space and safety for the staff. The rooms were in good repair, considering the age of the facility. Response from the County: AGREES.
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F9: Shower rooms were recently upgraded to provide separation and privacy.
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F10: The dayroom areas were clean and orderly.
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F11: Due to the age of the facility, continual maintenance is required. County maintenance provides support in repairing toilets, showers, and kitchen equipment. County building facilities personnel conduct weekly inspections of the facility. Juvenile Hall has previously upgraded both unit bathrooms, the plumbing in individual rooms, and a new medical/health wing has been completed. Security screens in the sleeping rooms have been replaced. Floor and ceiling tiles were replaced in 2006-2007 and a phased-in upgrade to the security system is also underway.
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F12: The facility has a video monitoring system. However, during the Grand Jury inspection, several cameras and the intercom system were not working. In addition, some of the security systems are out of date. A phased upgrade to the security system is underway. Phase I includes the installation of wiring, and other infrastructure for working cameras, video recording devices, intercom, control panels, video monitors, 76 Juvenile Hall 2007–2008 Santa Cruz County Grand Jury Final Report music system, door locking system (for facility entrance and exit). Phase II includes the installation of the security components. County General Services Department has assured Juvenile Hall this work will be underway by January 2008 and completed by June 2008.
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F13: The kitchen and dining areas were clean and appeared adequate. The County is working with the Criminal Justice Research Foundation in anticipation of potential State funds to renovate the kitchen area.
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F14: Juvenile Hall needs a new heating and air conditioning system, retrofitting of the remaining doors for the juveniles’ rooms and an upgraded loading door for the food service pantry. The cost for these projects is estimated to be $867,700. Response from the County: AGREES.
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F15: The outdoor space is well maintained, although there is inadequate recreational space to meet Title 15 requirements. Current standards call for 7500 square feet of recreational outdoor space, but only the uncovered courtyard area (5900 square feet) is useable. There is additional outdoor space that could help meet Title 15 standards, but it can’t be used due to lack of security fencing. The additional space includes a grassy area, a basketball hoop and volleyball court. Response from the County: AGREES. Operations
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F16: The average length of stay in Santa Cruz County Juvenile Hall in 2006 was 8.7 days.
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F17: Juveniles brought to Juvenile Hall undergo a risk assessment screening to determine if they pose a threat to the public and if they can be released to house arrest. The assessment involves scoring of nine critical areas: (1) seriousness of the offense, (2) current arrest on warrant, (3) legal status, (4) risk of re-offense, (5) risk of new offense, (6) mitigating factors, (7) aggravating factors, (8) victim/witness factors and (9) substance use. After this screening, juveniles undergo medical and mental health assessments.
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F18: Upon intake, juveniles are given an orientation to the rules of the facility and the consequences of a violation. Rules are posted on bulletin boards.
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F19: Juveniles who are sentenced and not recommended for home detention are sent out of the county to facilities operated by the Department of Juvenile Justice (DJJ) to serve their sentences. There are no DJJ facilities in Santa Cruz County.
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F20: Medical services are provided to all juvenile residents through the County Health Services Agency. Staffing consists of 56 hours per week of registered nursing services and eight hours of nurse practitioner services. The Mental Health Division of the Health Services Agency provides crisis intervention, individual counseling and assessment services for all residents of Juvenile Hall. Approximately 95 percent of the residents receive mental health services while in custody. A substance abuse Juvenile Hall 77 2007–2008 Santa Cruz County Grand Jury Final Report specialist performs drug and alcohol abuse assessments and develops treatment
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F21: There is currently no automated external defibrillator (AED) onsite, but one is on order through the Health Services Agency, and the cost will be shared with the Probation Department. It will be installed at the Institutional Supervisor’s work station for use by both Juvenile Hall and the Probation Department. The nurse will train all Juvenile Hall staff in the use of the AED. Training may take some time due to scheduling needs; however, there will be a trained staff working on each shift. Untrained staff will not be permitted to use the device. Maintenance of the device will be the responsibility of the nurse.
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F22: The Hartman School operates year-round onsite. The County Office of Education provides one full-time teacher, one bilingual senior instructional aide and a part-time resource specialist. Juveniles are enrolled within one day of admission to Juvenile Hall. Juveniles receive the same amount of instructional time as required in public schools. The Hartman School staff works with the Probation and Juvenile Hall staffs to manage students in a successful and positive educational environment. The classrooms appeared well stocked with instructional materials and computers.
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F23: At Juvenile Hall, weekly meetings are provided by Alcoholics Anonymous and Narcotics Anonymous, and various religious groups visit regularly. Barrios Unidos provides individual and group counseling and sponsors many special events. Volunteers also provide weekly poetry writing workshops, yoga and meditation instruction. Friday Night Live offers a structured life skills curriculum teaching youth to make healthy life choices.
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F24: Juvenile Hall management and staff believe that support programs for the youth are important to help reduce recidivism. Management has hired bilingual staff and conducted employee racial sensitivity training. The staff has secured placements for the juvenile offenders in the community in a way that is sensitive to racial issues.
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F25: The Santa Cruz County Probation Department has taken steps to address the disproportionate minority representation in Juvenile Hall by examining its systems to ensure policies and practices are not contributing to disproportionate confinement of youth of color.
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F26: In partnership with county mental health and community-based providers, the County has developed a network of services delivered in the community and at day treatment sites. This approach encourages the family to take the lead in developing a plan to have youth be successful in their own homes. The result of this emphasis is that the County has one of the lowest out-of-home placement rates in the state.
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F27: The number of probation officers dedicated to Juvenile Hall varies according to the population. On the day of the Grand Jury inspection, there were five probation officers on site, two for each unit with one additional crossover officer. The Corrections Standards Authority concluded in its inspection that there were an adequate number of personnel to carry out the facility program and meet established standards and regulations. During hours that minors are awake, one probation officer is on duty for each 10 minors in detention. During hours that minors are asleep, one 78 Juvenile Hall 2007–2008 Santa Cruz County Grand Jury Final Report probation officer is on duty for each 15 minors in detention. At least one probation officer on duty is the same gender as minor(s) who are housed in the facility. There is always one senior institutional supervisor on duty who is responsible for all operations and activities.
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F28: During sleeping hours, juveniles are locked in their rooms. Each cell has a night light, and a staff member walks the halls making safety checks every 15 minutes.
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F29: Interns from Cabrillo College, San Jose State University, and the University of California Santa Cruz assist staff with programs and provide individual attention to the detainees. Training is an ongoing process because it takes a minimum of five weeks and there is high turnover.
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F30: About half of the 24 full time permanent staff is bilingual, including administrative, kitchen and housekeeping staff.
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F31: Parents are charged a daily fee of $24 while their children are housed in Juvenile Hall. The fees are collected by County Collections. When families are not able to pay, they are encouraged to contact County Collections to arrange a payment schedule to match their needs. The response of County Collections is governed by their internal policies.
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F32: As of the date of Grand Jury’s visit on September 19, 2007, there had been 14 incidents of juveniles fighting and one incident of assault on a staff person at Juvenile Hall during the year. This represents an increase in fights over prior years. In 2004, 10 fights were reported and six fights were reported in 2005. In 2006, there were 10 fights and 15 assaults. There had been no serious injuries to either detainees or staff.
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F33: In May of 2007, Juvenile Hall staff received critical incident response training to improve its ability to diffuse volatile situations before they erupt into violent encounters.
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F34: Juvenile Court is located onsite with one Superior Court Judge assigned to preside over all cases. Conclusions
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Hallazgos & Recomendaciones 37 hallazgos
F1: The permanent extension of the sales tax measure devoted to library funding is essential to maintain library operations and enable long-term planning. The City of Watsonville could not afford to support current library operations without this supplemental funding.
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F2: The allocation of sales tax revenue directed to the library should increase with the growing population of Watsonville since the allocation is based on population size.
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F3: The materials budget for 2008 is very modest. No additional funds were designated for the purchase of materials for the new library. It would be helpful and efficient to have public input on purchasing materials. Watsonville Public Library 107 2007–2008 Santa Cruz County Grand Jury Final Report
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F4: The City of Watsonville and the Watsonville Public Library suffered a loss of approximately $170,000 by not submitting the necessary grant documents to the California Cultural and Historical Endowment in a timely manner.
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F5: The Main Library has more than doubled in size without additional staffing. This increase requires employees to work some hours on the floor with the public, reducing their time available to complete other duties. Concerns for daily library operations exist, such as covering a shift for an absent worker, or having enough time to effectively address a patron’s needs.
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F6: Some safety challenges exist at the new facility: • Monitoring the expansive space on two floors. • Ensuring all patrons have left the building prior to closing. • Ensuring staff and patrons can walk safely to the unattended parking garage at night.
F7: Some programs would not exist without volunteer participation (e.g., tutors in the Homework Center, Literacy Center, and Library Link program).
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F8: There is still a need for a homework center at the Main Library based on previous demand. It would be a valuable community resource because of the impending Watsonville elementary school library closures.
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F9: The public may be inconvenienced by the closure of the libraries on Sundays.
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F10: The custodian has limited time to service both branches and to respond to unexpected maintenance needs.
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F11: Fulfilling public expectations for the CAWHC will be a long-term commitment. The center has the potential to attract researchers who would use and add to the collection of historical resources.
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F12: The Literacy Center provides a safe and welcoming environment for adults who desire to learn to read and write.
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F13: The video-on-demand service would be improved if it were accessible to more than Microsoft Windows operating system users.
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F14: The Library Board appears to function in an advisory rather than an administrative manner, which is contrary to the city charter.
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F15: More conference rooms are available at the new facility; however, limited staff time may slow the development of additional programs or services for these rooms.
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F16: Adding a drive-up book drop outside the Main Library would help patrons return books without the need to park and enter the building.
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F17: During the last four months of the 2007-2008 Amador Plan, firefighter staffing was reduced. On a rotating schedule, instead of assigning three engine operators to all four stations, one station was reduced to two engine operators each week. Cal Fire assigned other state-paid personnel to the fire stations based on anticipated need.
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F18: A significant portion of the Pajaro Valley Fire Protection District is classified as State Responsibility Area but in contrast to CSA 48 has a single fire station with a year- round Cal Fire contract for two engine operators.
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F19: Only 0.4 percent of approximately $16 million in Proposition 172 funds are designated to the 2007-2008 County Fire budget with the remainder going to county law enforcement. County Fire 2007–2008 Santa Cruz County Grand Jury Final Report Response from the County: PARTIALLY AGREES. 0.4% of approximately $16 million in Proposition 172 funds were designated to the 2007- 08 County Fire budget pursuant to the revenue sharing policy developed in conjunction with the Fire Chiefs Association and adopted by the Board of Supervisors on January 27, 1998. This amount represents 12% of the actual annual fiscal year change in Proposition 172 revenues. Funds are distributed to the fire agencies in the County’s unincorporated area following an annual decision process by the Fire Chiefs Association. Response from the Santa Cruz County Fire Department Advisory Board: PARTIALLY DISAGREES. 0.4% of approximately 16 million dollars in Proposition 172 funds were designated to the 2007-08 County Fire budget. The amount allocated was pursuant to the formula for distribution of Prop. 172 revenue that was adopted by the Board of Supervisors on January 27, 1998, and represents 12% of the actual annual fiscal year change in Prop. 172 revenues. Funds are distributed to the fire agencies in the County’s unincorporated area following an annual decision process by the Fire Chiefs Association.
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F20: The average age of fire engines ready to respond is 15 years, but County Fire recommends maintaining an average age of less than ten years. The replacement cost of an engine is approximately $350,000.13
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F21: The community of Paradise Park is located within the boundaries of CSA 48. (See Map, Appendix A.) Because of the distance to the nearest County Fire station, it is impractical for them to service this community, so Paradise Park’s fire protection services are contracted out to the City of Santa Cruz. Response from the County: AGREES. Response from the Local Agency Formation Commission (LAFCO): AGREES. LAFCO also note that the CSA 48 “island” along Highway 9/the San Lorenzo River comprises more than Paradise Park. It includes parts of Cowell Redwoods State Park, residences on the west side of Highway 9 across the road from Paradise Park, and Ocean Street Extension.
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F22: Fees collected for fire marshal services do not cover the cost of operations. FDAC recommended recently that fire marshal staffing be reduced in an effort to match spending with revenues.14 Response from the County: PARTIALLY AGREES. The two options would be to reduce costs or increase fees to cover the cost of services provided by the fire marshal.
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F23: CSA 48 fully funds the position of addressing clerk in the General Services Department. The addressing clerk updates and maintains the database of street names 13 California Department of Forestry and Fire Protection/Santa Cruz County Fire Department. Five-Year Mobile Equipment Replacement Plan for Fiscal Years 2006-2011. County of Santa Cruz Fire Department Advisory Commission, draft minutes for the March 19, 2008, meeting. County Fire 123 2007–2008 Santa Cruz County Grand Jury Final Report and locations. All emergency personnel in the county have access to this updated information to accurately locate addresses. FDAC recommended recently that the County Office of Emergency Services assume the funding for this position.12 Response from the County: PARTIALLY DISAGREES. Beginning in FY 07/08, the Clerk position’s time and associated cost has been distributed between the County Fire and Office of Emergency Services based on the jurisdiction receiving the benefit. Although the position itself is in the Fire budget unit, the actual costs are distributed based on the work and derived benefit.
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F24: Cal Fire enters dispatch information into and draws statistics from the California All Incident Response System (CAIRS) database. CAIRS data was used to prepare the County Fire call reports presented to the Board of Supervisors. Response from the County: PARTIALLY AGREES. Additional data for the report on CAL FIRE firefighter deployment during non-fire season was obtained using the CAL FIRE computer aided dispatch system.
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F25: A type of CAIRS report, Resources Activity, shows dispatch data for four different time points: dispatch, enroute, on-scene, return to quarter. Each incident is identified using the following fields: incident type, location, area and unit. Response from the County: AGREES. Response from the Santa Cruz County Fire Department Advisory Board: AGREES.
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F26: The majority of emergency incidents are not fire related yet fire personnel and heavy equipment are dispatched routinely. (See Appendix B.)
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F27: The Emergency Medical Services Integration Authority (EMSIA) was established to administer a program to integrate fire agency emergency medical services into a countywide system.
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F28: In the rural areas of the county, firefighters are normally the first medically trained responders to arrive on the scene of an emergency. Response from the County: AGREES.
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F29: Cal Fire and volunteer firefighters are trained and certified to provide basic life support services. Response from the County: AGREES.
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F30: The County contracts with American Medical Response to provide medically necessary ambulance transport staffed with advanced life support paramedics 124 County Fire 2007–2008 Santa Cruz County Grand Jury Final Report Response from the County: PARTIALLY AGREES. Response plans indicate more than one resource (engine, company officer) respond to each incident and this varies by type of incident. The fact that volunteer companies, adjoining district resources, or ambulances respond does not create a separate incident or CAIRS report. Individual resource or agency responses can be tracked by CAD data review. If engines are cancelled prior to arrival (e.g. false alarm or cancellation by law enforcement or other agency), it still qualifies as a response. Response from the Santa Cruz County Fire Department Advisory Board: PARTIALLY AGREES. Response plans indicate more than one resource (engine, company officer) respond to each incident, which varies by type of incident. The fact that volunteer companies, adjoining district resources, or ambulances respond does not create a separate incident or CAIRS report. Individual resource or agency responses can be and are tracked by CAD data review. If engines are cancelled prior to arrival (e.g. false alarm or cancellation by law enforcement or other agency), the initial dispatch still qualifies as a response.
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F31: The Board of Supervisors asked County Fire management to provide monthly incident reports to evaluate the effects of reduced staffing approved in February 2008. Matching a 10-day period of ECC audio dispatches 15 to corresponding CAIRS Resource Activity reports revealed • A single incident can have multiple responses. • Every dispatch is reported as an incident response regardless of actual on-scene arrival. Volunteer company responses are not included. • Adjoining fire district responses are not included. • Ambulance responses are not included. Response from the County: AGREES.
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F32: Emergency calls from County Fire are first routed to the Santa Cruz Consolidated Emergency Communications Center (Netcom). Since the State requires Cal Fire to command its resources, Netcom must relay the initial call and pass control of the dispatch to the Cal Fire ECC. Response from the County: AGREES. Response from the Santa Cruz County Fire Department Advisory Board: AGREES.
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F33: County Fire responds to medical emergency calls but is not a member of the Emergency Medical Services Integration Authority (EMSIA).16 The Cal Fire Chief is on the EMSIA Board of Directors only on behalf of the Pajaro Valley Fire Protection District. Firescan.net, http://www.firescan.net/ 16 “Surviving Sudden Cardiac Arrest: Improving the Odds with Automated External Defibrillators, -5. County Fire 125 2007–2008 Santa Cruz County Grand Jury Final Report Response from the County: PARTIALLY AGREES. Although it is difficult to quantify and varies throughout the year, the CAL FIRE Chief estimates that 33% of his time is expended on Santa Cruz County issues. Additional administrative and operations management is provided through two Deputy Chiefs. Response from the Santa Cruz County Fire Department Advisory Board: PARTIALLY DISAGREES. Although difficult to quantify, with variations throughout the year, the CAL FIRE Chief estimates that 33% of his time is expended on Santa Cruz County work and issues.
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F34: The Cal Fire Unit Chief for both San Mateo and Santa Cruz Counties is designated as the Chief of County Fire and the Santa Cruz County Fire Department. Approximately 20 percent of his time is spent on Santa Cruz County support. Response from the County: DISAGREES. The role of the FDAC is not related to the authority granted under the establishment of CSA 48. Rather the FDAC was established under the County Code to exercise responsibilities to ensure that the interests of the county fire department, career and volunteer fire companies and the citizens residing within county fire department jurisdiction are protected and promoted by monitoring, studying, and advising the County Fire Chief and the Board of Supervisors. Response from the Santa Cruz County Fire Department Advisory Board: DISAGREES. The role of the FDAC is not related to the authority granted under the establishment of CSA 48. Rather the FDAC was established under the County Code to exercise responsibilities to ensure that the interests of the county fire department, career and volunteer fire companies and the citizens residing within county fire department jurisdiction are protected and promoted by monitoring, studying, and advising the county fire chief and the board of supervisors.
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F35: The FDAC represents CSA 48 and its role is to advise the County Fire Chief and the County Board of Supervisors. FDAC does not represent CSA 4. Response from the County: PARTIALLY DISAGREES. The membership of the Fire Department Advisory Commission was amended to reduce membership because the subject matter under consideration at most meetings was outside the scope of some then member representatives. As a result, those representatives did not attend every meeting. Representatives of these agencies are always available to attend any meetings where their participation would be helpful. Response from the Santa Cruz County Fire Department Advisory Board: PARTIALLY DISAGREES. As stated in the Board of Supervisors report in 2005, other issues besides attendance were considered in revising the membership of the FDAC.
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F36: The county code for FDAC membership was amended in 2005 to reduce membership from 13 seats to 10 seats, eliminating two representatives from the Health Services 126 County Fire 2007–2008 Santa Cruz County Grand Jury Final Report Agency (one each from Emergency Medical Services and Environmental Health) and one from Public Works, due to their poor attendance records. Response from the County: AGREES. Response from the Santa Cruz County Fire Department Advisory Board: AGREES.
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F37: Although several volunteer fire companies and Cal Fire maintain websites, there is no County Fire website. Conclusions 1. “County Fire” is a confusing term, implying the existence of a single department responsible for fire protection in the rural areas of the county.
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Recomendaciones adicionales 17

No vinculadas a hallazgos específicos.

R1: Since Watsonville’s population is growing, the Library Director, City Manager and the Library Board of Trustees should monitor annually the population-based allocation of countywide sales tax money to ensure the library receives its fair share. Watsonville Public Library 2007–2008 Santa Cruz County Grand Jury Final Report Response from Watsonville City Manager, Watsonville Library Director and Board of Trustees: HAS BEEN IMPLEMENTED. The procedure put in place to safeguard the allocation of the county-wide sales tax money is monitored quarterly. Under the directive of the Joint Powers Authority Finance committee, the County’s assistant administrative officer prepares quarterly reports that are distributed to the City Manager, Library Director and Watsonville’s Administrative Services Director (Finance). Any discrepancies are reported to the county and corrections are made, if necessary. The Library Board is informed of any problems with this reporting system and they then give direction to the Library Director to act as necessary. The City Administration, the Library Director and the Library Board of Trustees have been diligent in assuring that the Watsonville Library is receiving its fair share of this money. We will continue to do so.
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R2: Procedures for completion of grant applications should be established and monitored carefully, so that opportunities for such funding are not missed. More than one staff member should be aware of the grant application process to ensure impending deadlines are met. Response from Watsonville Library Director and from Watsonville City Manager: HAS BEEN IMPLEMENTED. The Principal Librarian works closely with the Library Director and is kept informed of all grant applications and deadlines.
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R3: The Library Director should request that the City of Watsonville increase the materials budget. More bilingual (Spanish-English) and Spanish language publications should be obtained for the interested public. The purchase of additional materials will enhance the depth of subject coverage. Response from Watsonville Library Director and from Watsonville City Manager: HAS NOT BEEN IMPLEMENTED BUT WILL BE IMPLEMENTED IN THE FUTURE. The increase in the materials budget is of importance to the collection development goals of the library in all areas. With the passage of Measure R, it will be possible for the library to make long-range plans for the allocation of funds for collection development along with plans for other desirable projects for the library. It is impossible to give an anticipated date when additional funds will become available for increasing the materials budget. In the meantime, the library staff is pursuing grants and donations that may be used in increase funds for the purchase of materials. At this time, city finances are dedicated to other areas of the general fund such as police and fire services.
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R4: More standing book orders could increase purchasing efficiency. The library could form teen and senior advisory boards for input on material purchases. Response from Watsonville Library Director: HAS BEEN IMPLEMENTED. Library staff has always relied on the use of standing orders to increase efficiency. As deemed appropriate and financially prudent, additional titles and series will be put on standing order. We are reviewing plans to implement both teen and adult advisory boards. We anticipate that these plans will be launched in the spring of 2009. Watsonville Public Library 109 2007–2008 Santa Cruz County Grand Jury Final Report
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R5: The Grand Jury recommends that the library explore new partnerships with local businesses as a supplemental funding source. Response from Watsonville Library Director: HAS BEEN IMPLEMENTED. The Library Director is exploring relationships with several local businesses such as Target, Starbucks, Monterey Bay Caterers, Crossroads Book Store and others. We are also continuing our relationships with other agencies such as the Pajaro Valley Unified School District, Cabrill0 College and First 5 of Santa Cruz County. These agencies often provide avenues of collaboration that result in grant funding.
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R6: When financially feasible, both library branches should re-establish open hours on Sundays. Response from Watsonville Library Director: REQUIRES FURTHER ANALYSIS. The library staff will continue to track the need for re-establishing open hours on Sundays at the Main library. The Freedom Branch has never been open on Sundays, but staff will continue to monitor the need there as well. It is clear that while opening both branches for more hours would be beneficial to some members of the public, the analysis of cost vs. use must weigh heavily as a deciding factor. At the moment, there are no funds available to implement this change. We will re-evaluate this recommendation by April of 2009.
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R7: In order to operate with greater efficiency and safety, the new library should hire additional staff to handle the increased patronage. Response from Watsonville City Manager and Watsonville Library Director: WILL BE IMPLEMENTED. There is no doubt that additional staff is needed at the new library. This will happen as soon as additional long-term funding becomes available. It is unreasonable to have expectations of this happening within the next fiscal year, however warranted this recommendation may be.
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R8: Re-establishing and restaffing the Homework Center in the Main Library should be a high budget priority. Response from Watsonville City Manager and Watsonville Library Director: REQUIRES FURTHER ANALYSIS. The library offers after-school help with homework assignments. Helping children find answers to questions by using the resources of the library with the help of a librarian is what we do. This is a part of the service we have always provided to the children of the community. The establishment of a specific area of the library with dedicated help with homework assignments is a fairly new addition to the service that we offer. At the present time, the financial resources formerly put into this program at the main library have been diverted to address other staffing needs of the new facility. We will continue to monitor the need for a Homework Center at the Main Library while we maintain the Freedom Homework Center. When funds become available, we will re-visit the re- establishment of the Homework Center at the Main Library.
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R9: Staffing should be increased to accommodate regularly scheduled hours for public use of the CAWHC. Increased librarian hours devoted to local history would 110 Watsonville Public Library 2007–2008 Santa Cruz County Grand Jury Final Report accelerate the development of the collection, as would the sponsorship of workshops to collect oral histories. Library staff should develop a website to publicize the purpose of the center and the facilities and equipment available. Response from Watsonville City Manager and Watsonville Library Director: WILL BE IMPLEMENTED. It is premature to state when this recommendation will be implemented, but it is the library’s intention to make the hiring of staff a top priority. Staff is working with the CAWHC community advisory committee on establishing a website which will be available in the spring of 2009.
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R10: A garage attendant should be on duty at night until 9 pm to alleviate safety concerns for patrons and library staff. Similarly, patrons and staff could benefit by having some designated reserved parking spaces available on the ground floor of the garage. Response from Watsonville City Manager and Watsonville Library Director: 1) REQUIRES FURTHER ANALYSIS, 2) HAS BEEN IMPLEMENTED, 3) WILL NOT BE IMPLEMENTED. 1) There is a parking attendant on duty until 7:00 pm. Further analysis of the need to extend those hours will take place as funding becomes available. 2) The issue of designated parking on the first level of the parking garage for staff has already been implemented. 3) Providing designated parking for the public on the first level has not been implemented because it actually makes it more difficult for the public to reach the library when they park on the first level of the garage. The first level parking area exits onto either the service alley or Rodriguez St. – neither of which are close to the library’s entrance. We have provided the public with information on the easiest way to access the library from the garage.
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R11: Library supervisors should consider the experience and desires of the staff working with the public. Personnel assignments should be best suited to their interest and abilities, when possible. Those lacking experience to effectively communicate and interact with the public should receive additional training. Response from Watsonville Library Director: HAS BEEN IMPLEMENTED. Whenever possible, staff member’s p
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R12: The City of Watsonville should add library custodial staff to provide regular and on- demand service at both branches. Response from Watsonville City Manager and Watsonville Library Director: HAS BEEN IMPLEMENTED. The recruitment for an additional custodian has been completed. Watsonville Public Library 111 2007–2008 Santa Cruz County Grand Jury Final Report
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R13: The library should consider establishing a volunteer coordinator position to actively recruit volunteers from community sources such as local senior centers, high schools and colleges. Response from Watsonville Library Director: HAS BEEN IMPLEMENTED. This is an existing position that has been helping the library for the last year with the recruitment of volunteers.
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R14: Within the purview of union rules, volunteers might be trained to help with library tasks. The Library could offer student internships, and volunteers could act as docents to orient visitors to the new facility. Response from Watsonville Library Director: HAS BEEN IMPLEMENTED. The library has always used volunteers. We have volunteers who help mend books, work with the LibraryLink outreach program, help with the Opportunity to Read literacy program and other efforts. We are currently recruiting for library docents and after school reading partners.
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R15: The Library Board's effectiveness could be improved by taking a more active role in fulfilling its charter responsibilities. The board could consider ways to improve library service to schoolchildren who may be affected by impending closures of PVUSD elementary school libraries. Response from Watsonville Library Board: HAS BEEN IMPLEMENTED. The Watsonville Public Library has served the children and schools of the PVUSD for many years. Class visits, summer reading clubs, outreach for after-school homework centers and collaborations with First 5 of Santa Cruz County and the Santa Cruz City/County Library System have all been implemented and approved by the Library Board of Trustees over the years. Both the board and the library staff are aware of the obligation and honor of providing library service to the entire community – including school children – and we have done so as budget and staffing limitations allow. Grants and partnerships that provide services to pre-school children, services for those with disabilities, and Spanish language book collections have all been awarded to the Watsonville library due to the efforts of the library staff with the approval and encouragement of the Library Board of Trustees. The library board, library staff and the library director make suggestions regarding additional service to the community. All suggestions are taken seriously and reviewed and discussed by the library staff and the library board. When appropriate, the board’s directives along with staff recommendations are presented to the board for final approval before the changes are implemented. With the approval of the City Council, as stated in the City Charter (Section 910 f), agreements are then entered into with various educational and social entities. This was the procedure that was followed when the homework centers were established and our participation in the First 5 funded “Read to Me” program began. The possibility of the closure of the libraries in our local elementary schools has been of great concern to the library staff. The staff considered various ways in which we could help to provide additional service to the schools with our limited resources. Suggestions for increasing service to the schools would have been presented to the Library Board of Trustees as deemed necessary. Fortunately, the anticipated closure of the schools’ 112 Watsonville Public Library 2007–2008 Santa Cruz County Grand Jury Final Report libraries has been avoided this year, but we are aware that we must continually pursue ways in which to enhance the link between the schools and the Watsonville Library. While we cannot replace the school libraries and their important role in the educational attainment of students, we can support and supplement their goals.
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R16: While computers using Microsoft Windows 2000 or newer Microsoft computer operating systems can use MyLibraryDVTM, the library’s technical services staff should investigate other alternative video downloading to broaden accessibility to those using Mac or other system software. Response from Watsonville Library Director: WILL NOT BE IMPLEMENTED. It is impossible to accommodate all of the various systems that library patrons may be using to access information from their homes. The library acquires various products to be used within the library with systems we support. If some of those products work with the personal equipment our customers own, that is a bonus. Whenever we make a decision to purchase new products, we weigh the benefits of the product against perceived limitations of its use.
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R17: The Grand Jury recommends that library management consult with the City of Watsonville to establish a location for a drive-up book drop at the Main Library. Response from Watsonville Library Director: WILL NOT BE IMPLEMENTED. During the building phase of the library and the Civic Center Plaza, all possible locations for a drive-up book deposit were explored. There are no viable locations which can be used for this service.
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Hallazgos & Recomendaciones 53 hallazgos
F1: Adequacy of Security in the Election Process A. Data Security
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R1: The Elections Department should continue to make security improvements, thereby ensuring the integrity of the data. Response from the Elections Officer: Yes. We are continually making security improvements and developing plans to comply with the requirements of the SOS.
F2: Sequoia equipment and software goes through extensive testing by Sequoia Systems. This testing is required by the state. - 4 Electronic Voting Response from the Elections Officer: Correct. The system then must be qualified at the federal level and certified at the state level.
F3: The Sequoia Systems’ touch screen voting machine uses a voter verified paper trail which is the fundamental protection against software errors in recording the vote, provided there is a good audit procedure following the election. Response from the Elections Officer: Correct. The Voter Verified Paper Audit Trail (VVPAT) provides the voters with an opportunity to verify their vote. Each touch screen unit is tested for logic and accuracy by an elections official prior to being deployed to ensure accuracy. In addition, we conducted in November 2006 a 10 percent random manual recount of the machines during the canvass to verify accuracy. The SOS conditions require a 100 percent manual recount of the VVPATs beginning with the February 2008 election. It is uncertain whether this will be the standard for all future elections.
F4: Procedures are in place to protect the integrity of the data on the voting machines’ memory packs and results cartridges. These items are external and removable and protected with traceable seals. Any sign of tampering with the seals is reported to the Election Department and investigated. There is a standard reporting form, and written procedures are provided to the poll workers. Response from the Elections Officer: Correct. Seals must be physically broken in order to access the Memory Packs and Result Cartridges. The voting units’ seals must be verified by other poll workers and any tampering with the seal must be immediately reported to the elections official. All seals have a unique number and are traceable to the unit in which it was installed.
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R1: The Elections Department should continue to make security improvements, thereby ensuring the integrity of the data. Response from the Elections Officer: Yes. We are continually making security improvements and developing plans to comply with the requirements of the SOS.
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
F5: The ballot information file for each precinct was created by the Santa Cruz County Election’s Department’s Information Systems Analyst and the program coordinators. It was sent electronically to Sequoia, the vendor, where the ballot election files were created. Sequoia also provided the printed paper ballots. There was a unique file created for each precinct. Files were then sent back electronically to the SQL server which resides in the Information Systems Analyst’s office for updating and testing. Sequoia provided all testing scripts and assisted in the testing this past election. Response from the Elections Officer: Sequoia provided the testing scripts according to the specifications of the Santa Cruz County elections officials. Sequoia did not assist with testing. All testing was done by Santa Cruz County elections staff. Sequoia staff observed testing and assisted with equipment repairs, but did not assist with testing equipment. Electronic Voting - 5
F6: Prior to the November 2006 election, the ballot information was reviewed, modified and approved by the county program coordinators and the Information Systems Analyst until it was ready to be sealed. The Information Systems Analyst, via a memory stick, manually extracted the data and loaded it onto a stand-alone laptop system. The cartridges for the voting machines were written from this system. They were sealed and coded. Once sealed, they were ready for distribution to the voting machines. Response from the Elections Officer: Correct for the DREs. For the Insight optical scanner, the memory stick was then used to take the ballot information and transfer it to a desktop computer attached to a memory pack reader/writer that put the information into the Insight.
F7: During the last election, some areas for improvement on warehouse check-in and out of equipment were noted. For example, the person checking out equipment was not identified. Response from the Elections Officer: The person checking out equipment was identified by name and checked against a list of who was checking out equipment. In most cases, these people were known personally by the people checking out the equipment. In the future, persons picking up voting equipment will be required to show photo identification upon checking out equipment and supplies. The Department is also looking into requiring background checks of persons responsible for picking up equipment. Voting equipment deployment is currently being reviewed and discussed by the Secretary of State. It is uncertain whether we will be able to continue to check out voting equipment to Inspectors prior to Election Day. A SOS- approved method for safe and secure equipment deployment has not been resolved at this time. B. Warehouse Security
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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.
F8: All voting equipment and accessories for Santa Cruz County are stored in a secure warehouse within the city of Santa Cruz. The exception to this is the SQL server, which is used as a network server for the Elections Department, and the 400C (absentee paper ballot counter) which resides in the Information Systems Analyst’s secured office. All files are backed up and stored in a storage area offsite at the Elections Department warehouse. Response from the Elections Officer: Correct.
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 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 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 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.
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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.
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.
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R2: Because this was the first year using the new electronic voting system, the Elections Department relied heavily upon the vendor for testing and support. In the future, the Election Department needs to create and conduct its own testing program. Response from the Elections Officer: The department did its own testing with the assistance of a Logic and Accuracy Board. The vendor was not involved with testing. The vendor did help make repairs, but staff have now been trained to make all repairs.
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 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
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
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.
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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.
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.
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.
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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.
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 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.
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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.
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 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.
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R3: The use of the verifiable paper trail on the touch screen voting machine has proven successful. Pubic awareness of this method of verification should be stressed in the future. Response from the Elections Officer: Verification and careful voting on all systems is imperative and will continue to be stressed.
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.
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 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
Recomendaciones adicionales 3

No vinculadas a hallazgos específicos.

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.
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 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.
R13: The Elections Department should review the
Hallazgos & Recomendaciones 28 hallazgos
F1: The 911 system for most of Santa Cruz County is administered through the Santa Cruz Consolidated Emergency Communications Center, commonly called Net Com. Additional public safety answering points for the 911 system are in Scotts Valley and at the University of California’s Santa Cruz campus. Response: The Santa Cruz Consolidated Emergency Communications Center (NetCom) PARTIALLY AGREES. In addition to the primary public safety answering points (PSAP) mentioned within the Finding, it should be noted that Cal Fire maintains a secondary PSAP located in Felton which receives transferred 9-1-1 calls relating to fire incidents occurring within the unincorporated areas of the County not serviced by a Fire District. Response: The Santa Cruz County Emergency Medical Services Integration Authority (EMSIA) AGREES. It is important to note that many 911 calls are made by cell phones. When 911 calls are made by cell phones on or close to major roadways, the California Highway Patrol acts as the public safety answering point. Calls are then routed to the appropriate jurisdictional dispatch center.
F2: Net Com is an up-to-date, modern facility. Dispatchers have access to computer- aided dispatch systems that allow them to rapidly send police, fire, and medical assistance when needed. For medical calls involving a person not breathing, such as sudden cardiac arrest, Net Com was able to dispatch Emergency Medical Service units within 60 seconds 92 percent of the time in 2006. Response: NetCom AGREES. Response: The EMSIA AGREES.
F3: The Emergency Medical Services Integration Authority (EMSIA) — consisting of the Aptos/La Selva Fire District, Central Fire District, Scotts Valley Fire District, City of Watsonville Fire Department, and City of Santa Cruz Fire Department — provides first responder Advanced Life Support (ALS) medical services to the urban areas of the county. Response: The EMSIA PARTIALLY AGREES. The EMSIA consists of 12 Fire agencies in Santa Cruz County; Aptos/La Selva Fire District, Ben Lomond Fire District, Boulder Creek Fire District, Branciforte Fire District, Central Fire District, Felton Fire District, Pajaro Valley Fire District, City of Santa Cruz Fire Department, Scotts Valley Fire District, UCSC Fire Department, City of Watsonville Fire Department, and Zayante Fire District and acts as a liaison between the fire service, the County, AMR, and other EMS related entities. It is the five agencies listed in the finding , not the EMSIA, that actually provide advanced life support services. The remaining agencies provide basic life support (BLS) medical services within their jurisdictions. - 4 Surviving Sudden Cardiac Arrest
F4: The remainder of the county receives first responder Basic Life Support medical services from a variety of smaller fire departments and the California Department of Forestry. Response: The EMSIA MOSTLY AGREES. As described in #3, the EMSIA BLS agencies provide BLS Services to much of the county. The California Department of Forestry and Fire Protection (CALFIRE) provides BLS through its contract as the Santa Cruz County Fire Department. CALFIRE and Santa Cruz County Fire Department are not member agencies of the EMSIA.
F5: American Medical Response (AMR), a private ambulance service, coordinates with the EMSIA agencies for first responder ALS service and through its contract with the County of Santa Cruz is the sole provider of medical transport in the county. Response: The EMSIA AGREES.
F6: EMSIA fire agencies are able to provide a paramedic to a medical emergency within eight minutes of dispatch 90 percent of the time in urban areas. Response: The EMSIA AGREES. Urban areas, as defined for the purposes of this finding, are the jurisdictional service areas of the EMSIA ALS agencies (Aptos/La Selva Fire District, Central Fire District, Scotts Valley Fire District, City of Watsonville Fire Department and City of Santa Cruz Fire Department). The actual performance level hovers around 94% of all emergency calls within eight minutes.
F7: AMR is able to provide an ambulance to a medical emergency within 12 minutes of dispatch 90 percent of the time. Response: The EMSIA AGREES.
F8: A fire department paramedic is the first one to arrive at a medical emergency about 60 percent of the time. Response: The EMSIA AGREES.
F9: The expectations of service are carefully listed in the emergency services’ contracts issued by the county to American Medical Response. AMR coordinates its services with the EMSIA to ensure the best possible service to the citizens of Santa Cruz County. Response: The EMSIA AGREES. AED Distribution and Training
F10: Manual defibrillators, such as those carried by fire department and AMR paramedics, are expensive and complex and require significant training and experience to be effective. Conversely, automated external defibrillators (AEDs) are reasonably priced and simple to operate by anyone with a minimum of training. Surviving Sudden Cardiac Arrest - 5
F11: Santa Cruz County does not have a comprehensive policy regarding the distribution and installation of AEDs in public locations. Response: The County AGREES. The County is not required by State law to adopt a policy regarding distribution and installation of Automatic External Defibrillators (AEDs) in public locations.
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R3: Santa Cruz County should require AEDs in county buildings with more than 100 employees or daily visitors and in county detention facilities, including Juvenile Hall. Response from the County: This recommendation will not be implemented at this time. While the County strongly supports the idea, funds are not available to purchase and install AEDs in all county buildings with more than 100 employees. The County will look for funding opportunities and will consider a phased in approach as part of County budget considerations.
R4: Santa Cruz County should encourage the use of AEDs in the following public locales and private settings: • Public schools • Public swimming pools • Public libraries • Large concerts and other public events • Public golf courses • Churches with a capacity of 100 or more • Private schools • Private recreation clubs • Medium to large hotels and motels • Shopping centers • Medical and dental offices • Private golf courses • Senior citizen centers and care facilities Response from the County: The recommendation is in the process of being implemented by the Emergency Medical Care Commission’s Public Information and Education Subcommittee that is focusing on cardiac care and stroke prevention. The Emergency Medical Surviving Sudden Cardiac Arrest - 11 Services Program will also be adding information about AEDs to the program’s webpage.
R8: The county should develop a strategy for implementing a meaningful public access defibrillator program that meets the criteria of the American Heart Association and American Red Cross recommendations. Response from the County: The recommendation is in the process of being implemented by the Emergency Medical Care Commission’s Public Information and Education Subcommittee that is focusing on cardiac care and stroke prevention. The Emergency Medical Services Program will also be adding information about AEDs to the program’s webpage.
R9: The county should explore funding opportunities to pay for an expanded public access defibrillator program from both public and private sources, possibly enlisting the aid of community service organizations. Response from the County: The recommendation is being implemented by the Emergency Medical Care Commission’s Public Information and Education Subcommittee that is focusing on cardiac care and stroke prevention. Commendation Santa Cruz County’s emergency services teams and organizations for providing the most efficient and responsive services possible under current conditions. Surviving Sudden Cardiac Arrest - 13
F12: AEDs are carried in police patrol cars in Scotts Valley. No other law enforcement agencies in the county require AEDs in their vehicles. Response: The Santa Cruz County Sheriff's Office PARTIALLY AGREES. It is not known which law enforcement agencies in the county require AEDs in their vehicles. Response: The Santa Cruz Police Department PARTIALLY AGREES. Our agency does not require AEDs in all of our patrol vehicles but provides an AED in our supervisor’s vehicle and outside of the main lobby of our police department. Response: The Scotts Valley Police Department AGREES: Scotts Valley Police carries AEDs in our cars. We do not know what the requirements are in other county law enforcement agencies. Response: The Capitola Police Department DISAGREES. Currently, the Capitola Police Department has five AEDs at its disposal. One AED is deployed at the Police Department for use by staff either in the field or at headquarters. An additional AED is located in City Hall for use by City Hall staff serving the public. Three additional AEDs are available and routinely assigned to the Lifeguard Unit located at the Capitola Main Beach, one AED in the Supervisors patrol vehicle and one unit deployed in a primary police cruiser. Additional AEDs are scheduled for acquisition in late 2007 or early 2008. Several of these AEDs have been in service for approximately two years. Eventually, the Police Department intends to equip each primary patrol unit with an AED, requiring acquisition of three to four more devices. It is important to note that an AED also are available at the Capitola Mall and readily available to department staff working at the Capitola Police Department’s Community Outreach Center. Response: The Watsonville Police Department PARTIALLY DISAGREES. Capitola Police Department has many of them. Whether any other police department has them in the car, we don’t know. We accept the jury’s statement that Scotts Valley Police Department does.
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R5: The county and each city should equip law enforcement vehicles with AEDs. Response: The Santa Cruz County Sheriff's Office AGREES. This recommendation has not yet been implemented but will be implemented in the future. The Sheriff's Office has just purchased a few AEDs for deployment. However, due to the large number of Sheriff's vehicles, full deployment will have to occur in planned stages, along with the training of staff. Response from the Santa Cruz Police Department: The recommendation will not be implemented. Our agency is not a primary responder for medical calls and the Santa Cruz Fire Department staffs paramedics [are] primary responders for such emergencies. In order to outfit our patrol vehicles the department would have to outlay over $50,000 in equipment and training costs. Response: The Scotts Valley Police Department AGREES: The Scotts Valley Police Department has carried AEDs in our patrol vehicles for several years now. Response from the Capitola Police Department: The Capitola Police Department agrees and is the process of acquiring additional AEDs and the requisite training and certification required to effectively deploy the devices in each primary patrol vehicle, office site and the Capitola Lifeguard Unit. Response: The Watsonville Police Department AGREES. Watsonville Police Department will put them in the next two-year budget cycle; FY2009/11 for consideration by the City Council.
F13: The locations of AEDs in the county are not available to Net Com dispatchers. Response: NetCom AGREES.
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R2: The locations of AEDs in the county should be entered in Net Com’s Computer- Assisted Dispatch system. Response from NetCom: Requires further analysis and may not be implemented because it is beyond this agency’s scope of service. Netcom computer systems possess the ability to be programmed with AED location data tied to fixed telephone locations which would become available to call-takers upon call answering. While the technical capability and capacity exists, there is currently no program or system available to collect and update this location data, nor is there a requirement for businesses and individuals to “register” their AEDs by location. Furthermore, it is beyond the scope of our agency to mandate a registration and to be responsible for the collection of such data. In the event that a responsible agency should someday - 10 Surviving Sudden Cardiac Arrest register, collect, and update AED location data and make it available to our Agency in an electronic format, we in turn could enter it into our computer systems and make it available to call-takers handling 9-1-1 emergency calls. In the meantime, it is important to note that our computerized Emergency Medical Dispatch (EMD ProQA) software is configured to prompt call-takers to question callers who report “cardiac” incidents as to the availability and accessibility of an AED. In the event that a caller answers “Yes” to this prompt, EMD ProQA provides medically approved, step-by-step instructions which allows NetCom call-takers to “walk the caller through” the operation of an AED.
R7: The county should establish a reporting and inspection mechanism to ensure that AEDs deployed in the community are identified by Net Com and thereby viable in case of an emergency. Response from the County: Emergency medical dispatchers at NetCom routinely ask callers reporting suspected cardiac arrests to quickly look around for an AED. It would not be feasible to conduct inspections to ascertain where AEDs are located and to - 12 Surviving Sudden Cardiac Arrest establish and correct a database with any regularity. It is anticipated that in the near future AEDs will be as prolific as fire extinguishers.
F14: When AEDs are deployed in public buildings, they are often not visible and therefore not accessible when needed. - 6 Surviving Sudden Cardiac Arrest
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R7: The county should establish a reporting and inspection mechanism to ensure that AEDs deployed in the community are identified by Net Com and thereby viable in case of an emergency. Response from the County: Emergency medical dispatchers at NetCom routinely ask callers reporting suspected cardiac arrests to quickly look around for an AED. It would not be feasible to conduct inspections to ascertain where AEDs are located and to - 12 Surviving Sudden Cardiac Arrest establish and correct a database with any regularity. It is anticipated that in the near future AEDs will be as prolific as fire extinguishers.
F15: CPR classes, including training in the use of AEDs, are available through a variety of sources in the county. Need for AEDs
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R1: The Santa Cruz County Health Services Agency should establish a public education program to enhance the community’s knowledge and awareness of CPR and the use of AEDs as a life-saving measure. Response from the County: The recommendation is being implemented in conjunction with the Emergency Medical Care Commission’s Public Information and Education Subcommittee. The Subcommittee will continue to monitor local out-of-hospital cardiac arrest data and is working closely with Dominican Hospital to improve the survival rate.
F16: While immediate CPR can buy valuable time for a sudden cardiac arrest victim, defibrillation is the only treatment that can save the victim’s life by restoring the heart’s spontaneous rhythm. Response: The EMSIA AGREES. Defibrillation is the most definitive intervention shown to restore spontaneous circulation in cardiac arrest patients. However, studies also show that effective CPR significantly enhances the success of all defibrillation attempts. Proper compression and ventilation (especially with 100% oxygen) is therefore a critical component of this “chain of survival.” To this end, early 911 access is also crucial; the study here in Santa Cruz County showed higher survival rates with witnessed arrests vs. unwitnessed arrests.
F17: People of any age may suffer sudden cardiac arrest and die suddenly. Response: The EMSIA AGREES. While the predominance of sudden cardiac arrests occur among elderly patients, it is true that no age group is immune from sudden cardiac arrest.
F18: Sudden cardiac arrest is different from a heart attack although coronary artery disease may reduce heart circulation and eventually result in SCA. Response: The EMSIA AGREES.
F19: Often the first sign that a person is vulnerable to ventricular fibrillation is an attack that results in sudden cardiac arrest and death. Response: The EMSIA AGREES.
F20: In Santa Cruz County, approximately 250 people per year are victims of out-of- hospital sudden cardiac arrest. From October 2004 through September 2006, more than half of these victims (51 percent) were not candidates for resuscitation, mostly because too much time had elapsed before emergency medical services could be activated.6 Response: The EMSIA AGREES. The patients in this study who were not candidates for resuscitation fell into one of three groups:
F21: Some common causes for sudden cardiac arrest include asphyxia due to drowning or other oxygen deprivation, congenital heart conditions, sudden blows to the chest, electrocution, and coronary artery disease. Response: The EMSIA AGREES. The vast majority of cases of sudden cardiac arrest in adult patients across all age groups can be attributed to the presence of coronary artery disease and/or cardiomyopathy, and the subsequent fatal arrythmias which can occur in these patients. The most common cause of cardiac arrest in children is respiratory arrest secondary to a host of causes including drowning, foreign body airway obstruction, and respiratory disease. Sudden blows to the chest, electrocution, and congenital heart conditions are very rare causes of sudden cardiac arrest in any community. “Asphyxia” refers to fatal anoxia from respiratory failure (from drowning, foreign body airway obstruction, severe asthma attacks, etc.) and is a more common cause of SCA in any community, but certainly far less common than cardiac etiologies.
F22: The worst combination for cardiac arrest survival is if patients collapse without witnesses, and when discovered, receive no bystander CPR while emergency services personnel are en route. In a two-year period in Santa Cruz County, only two of 215 patients in this situation had their hearts begin to beat again, and neither survived. When sudden cardiac arrest was witnessed and immediate CPR was administered, nearly a quarter of the victims regained pulses and 10 percent survived. The survival rate jumped to 19 percent when EMS professionals witnessed cardiac arrest and could begin treatment immediately. There were 16 EMS-witnessed cases in the two-year period, and three of those were found to be in ventricular fibrillation (as opposed to those with no electrical activity or pulse). All three were successfully resuscitated with defibrillation only.7 Response: The EMSIA AGREES.
F23: Some experts believe that a connection may exist between the use of ‘Tasers’ by law enforcement and sudden cardiac arrest in some individuals. Response from the EMSIA: This concept is very hotly debated among legal, medical and law enforcement experts. Much of the medical data at this time suggests that sudden, in-custody deaths may in fact be attributable to a medical phenomenon known as “excited delirium.” Excited delirium is thought to occur when individuals — often, but not always, drug or alcohol intoxicated — develop central nervous system dysfunction which leads to bizarre, violent behavior. When force of any kind is subsequently used 7 SCA Audit, p. 6. - 8 Surviving Sudden Cardiac Arrest — wrestling with the patient, batons, Tasers, pepper spray — the patient may experience respiratory and cardiac arrest. There is no indication that Tasers particularly are implicated in in-custody deaths any more than any other use of force to try to control and contain a violent or non-compliant subject who suffers from this phenomenon.
F24: To improve the survival rate of victims of out-of-hospital cardiac arrest in Santa Cruz County, the Emergency Medical Services Integration Authority recommends “promulgating citizen CPR programs, Public Access Defibrillator (PAD) programs, and continued rapid EMS response using all the latest AHA (American Heart Association) recommendations for CPR, defibrillation, and advanced life support care.”8 Response: The EMSIA AGREES. Laws related to AEDs
F25: Effective July 1, 2007, the State of California will require all health clubs to be equipped with AEDs on site and establish a program of training, maintenance, and record keeping. Response: The EMSIA AGREES.
F26: Good Samaritan laws protect most citizens from liability if they take action in a medical emergency, which includes using an AED. Conversely, lawsuits have been filed against organizations such as amusement parks and airline companies for not having AEDs readily available.
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R6: The county should establish a mechanism to ensure that once AEDs are deployed by public agencies, those responsible meet the requirements needed to shield the county from liability by providing training, maintenance, record keeping and medical oversight. Response from the County: State law is clear that individuals and agencies that purchase and place AEDs are shielded from liability if they follow the requirements to maintain them and conduct training as required by the State.
F27: AEDs are now required at FAA governed airports and on all commercial airliners.
F28: The Federal Cardiac Survival Act of 2000 (Public Law 106-505) directed the Health and Human Services Department to establish guidelines for evaluating and installing AEDs in federal buildings. Conclusions:
Hallazgos & Recomendaciones 9 hallazgos
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. Response: The Library Joint Powers Authority Board AGREES. Response: The Director of Libraries AGREES. Response: The City of Santa Cruz AGREES.
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R1: Verified that the change in the job performance review process for the director of libraries is an operational procedure.
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. Response: The Director of Libraries AGREES.
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R2: Verified that the procedure of branch staff rotation is a viable procedure.
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. Response: The Library Joint Powers Authority Board AGREES. The City of Santa Cruz has purchased property at 212 Locust/117 Union Street (across from the Central Branch Library) that Library System Services will occupy, sharing the space with the City Water Department. The Library will pay a fixed rent based on its share of the City debt amount, which will cease in twenty - 4 Santa Cruz City-County Library System: years. Tenant improvements are currently underway, and the Library hopes to occupy the space by Spring, 2008. The City of Santa Cruz should be commended for going beyond its contractual obligation to the Library System, thereby enabling the Library to make substantial long term savings in its operating costs. Response: The Director of Libraries AGREES. The City of Santa Cruz has purchased property at 212 Locust/117 Union Street (across from the Central Branch Library) that Library System Services will occupy, sharing the space with the City Water Department. The Library will pay a fixed rent based on its share of the City debt amount, which will cease in twenty years. Tenant improvements are currently underway, and the Library hopes to occupy the space by Spring, 2008. The City of Santa Cruz should be commended for going beyond its contractual obligation to the Library System, thereby enabling the Library to make substantial long term savings in its operating costs. Response: The City of Santa Cruz AGREES. The City of Santa Cruz has purchased property at 212 Locust/117 Union Street (across from the Central Branch) that Library System Services will occupy, sharing the space with the City Water Department. The Library will pay a fixed rent based on its share of the City debt amount, which will cease in twenty years. Tenant improvements are currently underway, and the Library hopes to occupy the space by Spring 2008.
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R3: Investigated if alternatives to the 1543 Pacific Avenue facility were identified, as agreed.
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. Response: The Library Joint Powers Authority Board AGREES. Response: The Director of Libraries AGREES. Response: The City of Santa Cruz AGREES.
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R4: Investigated the long-range facility plan to determine if the plan is on track.
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. Response: The Library Joint Powers Authority Board AGREES. Response: The Director of Libraries AGREES. Response: The City of Santa Cruz AGREES. Santa Cruz City-County Library System: - 5
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R5: Verified that a funding process is in place and determined if a financial plan was in place for FY2005-FY2006.
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. Response: The Library Joint Powers Authority Board AGREES. The Library has made significant progress in reducing the number of worker injuries by training, evaluation of work sites, purchase of equipment, and on- going work with the Staff Safety Committee. Response: The Director of Libraries AGREES. The Library has made significant progress in reducing the number of worker injuries by training, evaluation of work sites, purchase of equipment, and on- going work with the Staff Safety Committee. Response: The City of Santa Cruz AGREES. The Library has made significant progress in reducing the number of worker injuries by training, evaluation of work sites, purchase of equipment, and ongoing work with the Staff Safety Committee.
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R6: Investigated the status of contingency plans for any future capital projects, if a bond issue is unsuccessful at the polls. Additional Investigation
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. - 6 Santa Cruz City-County Library System: • 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. Response: The Library Joint Powers Authority Board DISAGREES. The Library System follows the mandated procedures of the City of Santa Cruz Human Resources Department in its hiring practices. Every vacant position is advertised to all internal staff. Over the fifteen month period from March 2006 though June 2007, 45 positions were filled. Of these, fifteen went to “outsiders” and 30 were filled by current or former library employees. The Library’s practice is to hire the person who is the best “fit” for the opening available, which is not always a current staff person. Not every employee may agree with the decisions made, but then not every employee knows the full details about any particular hire. Other Issues: Half-time staff: no comment More frequent branch staff meetings: no comment April 2006 Staff Day The topic of the day was not the Central Branch, but rather an all-staff discussion of how the library could improve the way it is providing services in a 2lst Century environment. One hundred and eleven suggestions made. These were organized and assigned to Work Groups for further discussion. One suggestion was a reclassification study in order to bring library job descriptions and classifications up to date. A Work Group composed of representatives all of non-professional classes and each Branch level was appointed. The group worked for five months to develop a plan, which was presented as an information item to the Library Joint Powers Authority Board and all staff. SEIU, the union representing most of the workers, rejected the plan and requested that further study take place. In the Spring of 2007 The City of Santa Cruz management was unwilling to undertake a study for the Library because of the implications for other City workers. Library management has done all it can on this issue until collective bargaining negotiations are completed. A second Work Group on Communications was appointed. Each of the
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R7: Reviewed the hiring practices for the library.
F8: Branch Findings: In at least one branch, emergency lock boxes were not easily accessible. Response: The Director of Libraries DISAGREES. The Director has polled each Branch Manager regarding the location of an emergency lock box in an inaccessible place. Each Manager reports that the lock boxes are accessible and the padlocks with which they are secured work well. Conclusions
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R8: Investigated the safety/worker’s compensation issue and actions taken.
F9: During an emergency, staff at one location could not easily access the lock box key or operate it.
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R9: Toured most library branches to understand their operation. Santa Cruz City-County Library System: - 3

Hallazgos y recomendaciones aún no extraídos.

Hallazgos & Recomendaciones 8 hallazgos
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.
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
Recomendaciones adicionales 3

No vinculadas a hallazgos específicos.

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.

Hallazgos y recomendaciones aún no extraídos.

Hallazgos & Recomendaciones 27 hallazgos
F1: Blaine Street is designed for women inmates who have been screened as minimum security risks. Low risk medium security women may also be assigned to this facility.
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F2: In 2006, the average inmate population was 24, and in 2007 (through September 26, 2007) was 25. On the day of the initial visit, there were 27 inmates. Approximately 20 percent of the women are Hispanic; the majority are identified as “White.” The average age is 35.
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F3: On September 5, 2007, the California Corrections Standards Authority recommended that Blaine Street be reclassified from a Type III facility (minimum security only) to a Type II facility, which would allow some medium security women to be moved from the Main Jail, reducing overcrowding there. This reclassification was implemented on September 5, 2007.
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F4: Most women at Blaine Street are incarcerated for drug and alcohol offenses. Some are there for theft and embezzling offenses, usually related to drug and alcohol addiction. On September 26, 2007, Blaine Street inmates consisted of women convicted of 17 felonies and nine misdemeanors.
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F5: The average stay is about two months. The maximum is one year.
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F6: In 2006, only one violent incident was reported at Blaine Street. Gang affiliation has not been a problem in this facility and inmates do not require separation based on gang identity.
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F7: The California Corrections Standards Authority issued a very positive assessment in a report dated September 5, 2007, stating that Blaine Street “continues to be a well run and clean facility.”
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F8: The front door is locked to the outside but not from the inside. There is a security camera on the outside of the front door, but nothing prevents an inmate from walking away. In 2006, the superintendent reported six inmates had walked away; all were apprehended and returned to the Main Jail.
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F9: Telephones are available and can be used with a prepaid account. Blaine Street 2007–2008 Santa Cruz County Grand Jury Final Report
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F10: The meals are fresh and well balanced. The food services manager at the Main Jail prepares the menu.
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F11: In a report dated July 10, 2007, the Environmental Health report indicated, “The homestyle hood in use is insufficient for use over the commercial range.” According to a phone call to the Supervising Correctional Officer on December 13, 2007, a commercial hood is being considered for future installation. Response from the County: AGREES. A commercial hood will be installed when funding becomes available
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F12: The Blaine Street supervisor is present four days a week. Her time is split between Blaine Street and the Work Furlough program.
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F13: In addition to the supervisor, there is one corrections officer on duty who works a 12- hour shift. Corrections officers are rotated among all the county jail facilities, so several different officers are assigned to Blaine Street each week.
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F14: Some staff members speak Spanish, but it is not required. If there is a language barrier, other inmates are asked to translate.
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F15: A Work Furlough program is available to inmates who meet program requirements. It allows them to leave the facility for a job, but they must return when their work hours are completed. The program will accommodate any work schedule the employer requires. Inmates are responsible for their own transportation, clothing and meals when they leave Blaine Street.
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F16: Each inmate is required to spend time working in the kitchen, doing laundry, or cleaning the facility.
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F17: Educational and support programs are offered. Each time one of the women attends a class, group meeting or other program, it is counted as a “unit.” In a typical month there are more than 500 units of attendance counted for all of the classes, groups and programs.
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F18: Computer training classes are offered to the inmates. The plan is to double the number of computers available from six to 12 and connect them to the Internet. Computers cannot be used by inmates without supervision.
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F19: In addition to computer training, other programs include: • The Santa Cruz City Adult School offers classes for a General Education Degree (GED), job skills and parenting. • The Santa Cruz County Health Services Agency (HSA) offers classes on women’s health issues and provides Hepatitis C and HIV testing. • The Walnut Avenue Women’s Center offers a support group for domestic violence victims. • Pajaro Valley Prevention offers classes dealing with drug and alcohol abuse. The class meets four times a week for 90 minutes each session. Once a week, it is offered in Spanish. From July through September 2007, there were almost 400 units of attendance recorded in these classes. • Alcoholics Anonymous (AA) and Narcotics Anonymous (NA) hold regular meetings at Blaine Street. Blaine Street 85 2007–2008 Santa Cruz County Grand Jury Final Report • Volunteers teach a popular knitting and crocheting class; yarn and other supplies are donated. • Volunteer groups offer religious services. • Volunteers from Friends Outside bring books for the library and other resources for the inmates.
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F20: Inmates have access to transitional programs such as Gemma, which serves as a halfway house for women making the adjustment back to civilian life after incarceration.
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F21: The non-profit agency New Directions uses state funds to provide counseling and educational services to the children of incarcerated parents. This agency provides services to South County families of women at Blaine Street.
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F22: Inmates have free time, which they can spend on the patio or lounging in the building. A small room has exercise equipment, though it was not being used on the day of the Grand Jury visit.
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F23: Inmates are allowed to grow fresh vegetables for their meals in an onsite garden.
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F24: Inmates may schedule one visit a week on weekends from a pre-approved list of up to eight visitors. Visits can be held in the common room or outside on the patio.
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F25: The nurse from the Main Jail is available 24 hours a day and visits three times a week. There is no onsite medical supervision. Inmates can be transported to public medical facilities in an emergency. Recent policy changes allow for dispensing methadone and other medications.
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F26: Twelve inmates are randomly drug tested each month. Additionally, if women show signs of behavior that could be drug induced, they are transferred back to the Main Jail.
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F27: There is no automated external defibrillator (AED) at Blaine Street although one was recommended by the previous Grand Jury. Response from the County: AGREES. An AED has not yet been implemented due to funding restraints, but it is anticipated that an AED will be installed during FY 2008-09. Conclusions
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Recomendaciones adicionales 3

No vinculadas a hallazgos específicos.

R1: The Grand Jury recommends that the Sheriff’s Department replace the hood over the range with a commercial hood.
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R2: The Grand Jury recommends that the Sheriff’s Department implement long-term staff assignments, giving preference to correctional officers who are bilingual in Spanish and English. Having a consistent staff, rather than a different corrections officer every few days, would better serve the inmates.
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R3: The Grand Jury strongly recommends that the Sheriff’s Department install an automated external defibrillator (AED) at Blaine Street, as recommended in the 2006- 2007 Grand Jury Report.
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Hallazgos & Recomendaciones 22 hallazgos
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,
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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.
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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.
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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.
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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.
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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.
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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.”
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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.
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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.
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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.
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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
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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
Hallazgos & Recomendaciones 30 hallazgos
F1: Conclusions 2. Since the most pressing concern today is from where the money will come to maintain Medicare and Medicaid services for those who qualify under today’s system, extending it to include low-income families is not being discussed. 3. Santa Cruz County public, non-profit, and for-profit medical resources have worked together to make health care more accessible to low-income families. Commendation 1. The Human Services Department and the Health Services Agency are to be commended for ongoing focus on the delivery of adequate health care services to Santa Cruz County residents. Health Insurance Coverage 2000-2001 Grand Jury Recommendation 3: The Healthy Families Program should include parents in its coverage. Premiums should be set at more affordable levels in order to accelerate enrollment of families without insurance. Coverage should be maintained during short periods of seasonal unemployment. The Central Coast Alliance for Health should approach local employers to continue premium payments for families during short periods of seasonal unemployment to keep insurance coverage from lapsing. It should continue to expand the participation of specialists in its programs. County Response: This recommendation has been implemented. 2007-2008 Grand Jury Findings 12. The Healthy Families Program does not include parents in its coverage. Healthy Families insurance premiums vary depending on the health plan selected. Families receive a discounted premium if they select the local Community Provider Plan, which is the Central Coast Alliance for Health (the Alliance) in Santa Cruz County. The Alliance’s maximum monthly premium for a family with three or more children is $36 (or $108 per quarter). 13. Recent local funding contributions to the Healthy Kids program, which came primarily from Sutter Santa Cruz and Dominican Hospital, will allow the Alliance to move 295 children off the waiting list and into enrollment. 14. Seasonal unemployment only affects the eligibility of adults in a family receiving Medi-Cal. The Alliance reports that their Medi-Cal membership fluctuates by about five percent each year according to the growing season and migration of Medi-Cal recipients out of the area. Typically, a seasonal employee becomes eligible for Medi- Cal when the work season ends or slows down because the worker’s income A Promise Kept 29 2007–2008 Santa Cruz County Grand Jury Final Report decreases. When an individual’s work hours increase again, Medi-Cal eligibility could be lost due to the corresponding increase in income. Thus, an individual may qualify during periods of little work or unemployment but no longer qualify for Medi- Cal when working full-time. 15. Medi-Cal has no provision for continued eligibility if an adult no longer meets the criteria. However, children can maintain Medi-Cal eligibility for 12 months even if the adults in the family are terminated due to an increase in income or assets. 16. Although families pay no premiums for the Medi-Cal program, there are premiums associated with the Healthy Families and Healthy Kids programs. However, regardless of changes in family income, once a child is deemed eligible for Healthy Families or Healthy Kids, that child remains eligible for 12 months unless he or she becomes eligible for no-cost Medi-Cal, is covered by other health insurance, or turns 19. Children also lose Healthy Kids eligibility and coverage when they move out of Santa Cruz County. 17. In 2000, the Santa Cruz County population was 255,602. In 2007, the population increased slightly to an estimated 264,125 (3.3 percent). But the supply of health care specialists for Alliance programs has increased by almost 30 percent since that year. In 2000, the Alliance had an average of 499 specialists available to serve Santa Cruz County residents. As of March 2008, 697 specialists are available. 18. The Alliance collaborates with over 60 community coalitions and organizations to promote its programs, including the Santa Cruz County Human Services Department. It also promotes health care resources to the public at events, such as farmers’ markets, health fairs, community block parties, and other festivals. In addition, the Alliance publishes a provider bulletin in which providers are urged to encourage their Healthy Families and Healthy Kids patients to stay enrolled and thereby continue their health care coverage. 19. In March 2008, at California’s annual Medi-Cal Quality Conference, Central Coast Alliance for Health tied for first place with Health Plan of San Francisco, winning the Gold Award for the highest rate of preventive care services among all 39 Medi-Cal health plans in California. The Alliance also won a second place Silver Award for member satisfaction. Conclusions 4. Because Healthy Families is a state and federally funded health plan, Santa Cruz County cannot change the eligibility requirements for the program. 5. The 2000-2001 report recommended, “Coverage should be maintained during short periods of seasonal unemployment.” But, in fact, qualifying seasonal workers are covered while unemployed. They risk losing coverage when employed because their income may exceed guidelines. That issue has not been addressed by Medi-Cal or any county agency. 6. A public/private partnership exists in the county to provide affordable access to health care for low-income individuals and families. A Promise Kept 2007–2008 Santa Cruz County Grand Jury Final Report
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F2: County code violations do not always result in enforcement action. • The Planning Department documents some violations but does not enforce them, for example, violations of residential property fence height limits. Response from the County: PARTIALLY AGREES. In certain, limited situations such as side or rear yard fences that are slightly over the maximum height, no enforcement action is taken due to workload/caseload issues. Enforcement action for other minor violations may be limited to the issuance of a Notice of Violation (Red-tag) and recordation of the Notice of Violation on the property title. The Notice of Violation must be addressed when the property is sold or refinanced or when a permit is required for something else. • Some enforcement decisions are based upon Board of Supervisors’ policy, such as the 2002 board policy specifying that structures built pre-1980 without permit will not be subject to enforcement. Response from the County: PARTIALLY AGREES. This policy directive is followed, but pertains solely to non-habitable structures. • “No enforcement” is one complaint classification category in HANSEN®. Between March 29, 2007, and February 7, 2008, 11 percent of “no enforcement” decisions were based on policy adopted by the board; the remaining 89 percent were decided within the Planning Department without clear policy guidelines. Response from the County: DISAGREES. A portion of these “no enforcement” designations were open Service Requests (complaints) that had not yet been resolved. The Code Compliance staff initially selected “no enforcement” in the Hansen system for complaints that did not immediately result in the issuance of a Notice of Violation. It is common for a Code Compliance Investigator to conduct a site inspection and need to perform additional review of office records before determining whether, in fact, a violation exists. The remainder of the Service Requests referred to were actually resolved, with no further action, using the “no enforcement” designation. During the deliberations that ultimately led to adoption of the policy regarding structures built without permits prior to 1980, the Planning Department informed the Board that there is a category of violations that are so minor that no enforcement action on the part of the County is warranted. Planning Department management staff is involved in the decision-making process for each of the Service Requests that result in resolution using the “no enforcement action” coding. Examples of these determinations include side or rear yard fences that are a few inches over height, or a minor setback encroachment of a deck that would not otherwise require a Building Permit. Code Compliance Enforcement 3 2007–2008 Santa Cruz County Grand Jury Final Report
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F3: There is no formal policy requiring county building inspectors or code compliance investigators to report code violations they might chance upon. • The City of Watsonville requires home maintenance compliance, and its inspectors report violations they happen to see. • The City of Santa Cruz expects its staff to report obvious violations it encounters as a matter of policy. Response from the County: DISAGREES. The Planning Department Procedures Manual contains a Section related to the reporting of code violations by staff. That procedure, established in 2006, requires that certain types of violations be reported to the Code Compliance Section if encountered by any departmental employee during the course of their work. These include obvious and serious health and/or safety violations, significant environmental violations, and construction in-progress. The procedure contains specific definitions to provide further guidance to staff related to filing a code compliance complaint.
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F4: After a party files a complaint and receives an initial acknowledgement letter, the complainant is responsible for future contact with the Planning Department to determine the status of the violation.
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F5: It appears to be technically feasible to access the public information contained in the code violation database and there is a plan to implement public online INCOMING COMPLAINTS (by type) access before the end of 2009. 50.0% Currently, members of the public wishing to learn the status of a code violation must telephone or visit the 40.0% Planning Department. Response from the County: AGREES. 30.0%
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F6: The code compliance staff fields roughly 750 incoming complaints 20.0% annually. About 300 of the complaints require continuing 10.0% extensive investigation and action. These represent approximately 40 percent of the total; the other 60 0.0% BUILDING ZONING VIOLATIONS ENVIRONMENTAL REFERRALS percent are either found to be invalid VIOLATIONS VIOLATIONS or are referred to another agency for appropriate action.
F7: Each of the four full-time and one half-time code compliance investigators averages 66 new complaint investigations per year (not including those classified as “no violation,” “no enforcement action,” or “referred to other agency”), or fewer than two each week.
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F8: The code compliance group has positions for one typist/clerk, one planning technician, five code compliance investigators, and a principal planner. Additional assistance may also be provided by county financial and legal staff. Code Compliance Enforcement 2007–2008 Santa Cruz County Grand Jury Final Report
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F9: Earlier this year one investigator worked half time assisting the Planning Department’s understaffed fiscal section.
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F10: One additional investigator position has been funded but will not be filled during 2008; funding for this position for 2009 is not guaranteed.
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F11: Staff responsible for data entry works part time performing Planning Department receptionist duties.
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F12: To help reduce the overall workload, follow-up with complainants is generally limited to a single written acknowledgment that the complaint has been received. Also the Planning Department does not take any enforcement action against some low-priority violations or investigate anonymous complaints. Response from the County: PARTIALLY AGREES. In addition to the written acknowledgment of the complaint, code enforcement staff frequently answer questions from complainants about the status of a case throughout the enforcement process. In addition, our Compliance-by-Mail Program requires the original complainant to verify that a violation has been in fact been resolved following receipt of a declaration from the property owner stating that the violation has been corrected. Planning staff makes contact with the complainant to verify resolution. Staff is also investigating whether it will be possible, within the Hansen system, to allow complainants to access the status of their code complaints on-line.
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F13: Compliance-by-mail form letters are sent to violators asking for voluntary cooperation in correcting some low-priority violations. Violators comply by returning a signed Declaration and Affidavit of Correction. Investigators may subsequently perform an inspection to confirm compliance. Violations currently handled this way include illegally inhabited mobile homes or campers, or people keeping too many cats or dogs. Compliance-by-mail was used in two percent of the complaints reviewed by the Grand Jury.
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F14: Despite two requests, the Grand Jury was not provided with precise data describing the size of the backlog of unresolved code compliance complaints or the rate at which this backlog is growing. One estimate provided was that for every 100 complaints entering the system 80 were being resolved, leaving 20 to accrue to the existing backlog. Based on this estimate and the annual number of complaints, the backlog of unresolved complaints would grow by about 150 a year. Response from the County: DISAGREES. We believe that the Department has now provided all information requested by the Grand Jury related to their investigation. There was an initial misunderstanding as to whether such a request was related to code compliance cases that reside in the older, ALUS system or in Hansen. Information on this topic of the backlog does exist for both systems and has since been provided to the Grand Jury. There has been a dramatic reduction in the number of unresolved cases since the beginning of 2008 due, in large part, to the audit of the department’s records related to the transition to the Hansen system. In addition, the department has implemented a systematic strategy for addressing the backlog and is confident that further reductions will occur. Code Compliance Enforcement 5 2007–2008 Santa Cruz County Grand Jury Final Report
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F15: There are many rules built into the current code violation resolution system that allow violators to delay complying with code requirements. Examples: • It may take six weeks or more to get on the calendar for a protest hearing. • Once the hearing is scheduled, the violator has the right to delay the hearing once. • During the hearing, a violator may request a continuance, which the judge will usually grant.
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F16: In 2003, the Planning Department committed to the Board of Supervisors to develop written procedures for using the HANSEN® system. The code compliance group has established process mileposts and created a detailed flow chart, but there is no employee procedures manual for handling complaints. Response from the County: DISAGREES. The Grand Jury was provided with a high level summary page that represents the milestone flow within the Code Violation case type. This summary page was excerpted from a detailed user’s manual that guides users through each milestone of a code case, from intake to completion. This manual, over 120 pages in length, was developed in July of 2007 and was distributed to each of the Code Compliance staff to assist them in their transition to using the Hansen system.
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F17: Except for a single summary report, the HANSEN® system was not generating data management reports as of March 1, 2008.
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F18: The Planning Department has requested at least 12 data management reports. As of April 11, 2008, only six of the reports originally requested the previous December were completed. Response from the County: PARTIALLY AGREES. Initially, the development of management and other system reports was a joint undertaking by the Planning Department and the County Information Services Department. However, after several months, it became clear that the development of these reports required a stronger technical background, and the Information Services Department took the lead in getting these reports into production. This resulted in some delays, but that has since changed. The Planning Department has been working closely with the Information Services Department on the development of numerous reports utilizing the information contained within the Hansen system. These reports fall into three categories: letters and forms generated by the system, information related to Service Requests, and information related to Cases. To date, seventeen of these reports have been developed and are in use. Of these, nine fall into the category of “data management reports.” The remaining reports will be completed by Fall of 2008. In addition to these programmed reports, a great deal of management information can be generated on- demand using Hansen’s search and reporting function that are built into the software.
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F19: The Planning Department has not asked for a routinely-generated report listing unresolved cases chronologically, with the oldest first. Code Compliance Enforcement 2007–2008 Santa Cruz County Grand Jury Final Report Response from the County: DISAGREES. It is true that the department does not get a listing of unresolved cases by the age of the case, because that is not how the caseload is managed: the oldest cases are not necessarily the most important. The department does track cases to ensure that appropriate actions are taken at the various stages of the enforcement process. The Planning Department receives reports for various milestones within the Hansen system to ensure that cases are moving forward according to their established business practices. The department receives reports listing unresolved Service Requests to ensure that new complaints do not remain open ended. The department has requested a report listing cases where a red tag has been issued and the Notice of Violation has not been recorded on the property title within 35 days of the mailing of that Notice. Similarly, the department has requested a notification report when 60 days have elapsed since recordation of the Notice of Violation and that, if the violation has not been corrected, a stipulation must be developed and sent to the property owner specifying required compliance periods and penalties. Finally, the department has requested a report indicating the current milestone of all cases and number of days spent in that milestone. The report will be able to be sorted in any number of ways, including chronologically.
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F20: The Grand Jury reviewed 100 consecutively numbered complaints (spanning entry dates between August 10 and September 27, 2007) and found the following: • Almost 30 percent of them were incorrectly coded. • Nearly 18 percent of the complaints had activity dates earlier than the entry date. These differences mean that work was performed on the complaints before their entry into the HANSEN® system. The largest discrepancy between entry date and the activity date was more than two months. • The Planning Department received more code violations than it resolved. After six months, unresolved complaints outnumbered resolved complaints by 50 percent.
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F21: In April and May of 2008, the Planning Department presented several code change proposals to the Board of Supervisors. Some were approved and others were tabled for further study and discussion. While major focus of the changes was on rules for building second units, among the approved changes were several that are intended to reduce the burden on code enforcement by eliminating requirements judged unnecessary. For example, the County now intends to • exclude most demolition from requiring Coastal Commission approval. • allow installation of solar energy systems in the coastal zone without a discretionary permit. Conclusions
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F22: Although with careful scrutiny the whistleblower program link can eventually be located, many people have difficulty finding it on the county’s website. Typing “whistleblower hotline” into the search box results in “no matches.”
F23: The budget for fiscal year was $403,000. First 5 funded $300,000, and the Coalition hopes to receive the additional $103,000 from Medi-Cal Administrative Activities.
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F24: The County works as a middleman for both sources of Coalition funding. Medi-Cal Administrative Activities
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F25: During the month of September, the Coalition completes a “time survey” to establish the annual cost of outreach activities in excess of what First 5 already pays. The federal government agency Medi-Cal Administrative Activities is billed that excess cost. The turnaround for payment is generally about three years.
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F26: The County supports various organizations associated with the Coalition throughout the year and receives the money from Medi-Cal Administrative Activities. Many 32 A Promise Kept 2007–2008 Santa Cruz County Grand Jury Final Report variables determine what work is being done and how it is being claimed. On average, the Coalition received approximately 75 percent of what they predicted in their budget from Medi-Cal Administrative Activities. The County then funds the remaining budget. First 5 California
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F27: The State of California retains 20 percent of the money First 5 receives, and 80 percent is distributed to the 58 counties throughout California based on the number of children born in the county. Santa Cruz receives approximately $2,700,000 annually.
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F28: First 5 has three established goals: healthy children, children learning and ready for school, and healthy families. Allowing for local decision-making, the First 5 Santa Cruz County Commission determines how to distribute funds based on a three-year strategic plan and annual contracts. Money provided to the Coalition by First Five has been designated as outreach funds.
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F29: First 5 reimburses the County for payments made to community agencies for contracted services.
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F30: In the fall of 2008, First 5 will create a new three-year strategic plan. This may or may not result in continued funds for the Coalition for Health Care Outreach. Conclusion
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Recomendaciones adicionales 23

No vinculadas a hallazgos específicos.

R1: The Planning Department should • remove responsibilities other than code enforcement from existing code compliance staff. Response from the County: HAS BEEN IMPLEMENTED. The temporary reassignment of one of our Code Investigators to assist in the training of a new fiscal person was the result of unprecedented turnover in our fiscal division and the need to train incoming accounting personnel to support the Code program. This training has been completed and the individual has returned full time to Code Investigations. In addition, all of the Planning Technicians in the Department, including the two staff presently assigned to our Code Program, assist in staffing the General Information Desk that is an integral part of our public counter operation. This time commitment ranges from 2-10 hours a week. While this assignment does divert a few hours away from the Code Program, it also ensures that Code staff are kept aware of all of the ongoing changes at our building and zoning counters, and also places them in a position to suggest operational changes that improve the interactions between code staff, counter staff, and property owners trying to resolve their violation(s). This arrangement will remain in place for the foreseeable future. • recruit and train volunteers to assist the code compliance group. Response from the County: WILL NOT BE IMPLEMENTED. With the reassignment of an additional Planning Technician to the Code Compliance Section, sufficient staff resources are in place to assist the existing Investigators with caseload management. Two Planning Technicians assist the Investigators with in-office research and preparation of draft stipulated agreements and case hearing packets. It would not be appropriate to use volunteers to act as Code Investigators due to the technical training and expertise that is required to perform the job. • consider expanding the compliance-by-mail program to include additional low- priority violations. Response from the County: REQUIRES FURTHER ANALYSIS. The compliance-by-mail program is used for violations that do not require issuance of a permit or a field investigation to verify the existence of a violation. In addition, correction of the violation must be able to be verified by the complainant. Initially, the Program was limited to illegal occupation of trailers and RV’s. In the last year, it was expanded to include certain animal keeping violations. We are currently evaluating whether this approach to code enforcement can be further expanded and will implement this expansion, if deemed appropriate, no later that the end of the 2008 calendar year. Code Compliance Enforcement 2007–2008 Santa Cruz County Grand Jury Final Report • create a list of code violations not currently being enforced and determine if any of the most commonly received complaints represent violations that can be added to the list. Response from the County: REQUIRES FURTHER ANALYSIS. Certain minor code violations may not warrant enforcement action. Quite often, factors specific to the particular situation are taken into account when making a determination as to whether or not enforcement action will be taken. The Department will evaluate the range of minor violations that it encounters to determine whether, regardless of other factors, any of them qualify for such treatment. This evaluation will be completed in early
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R2: The Civil Service Commission should periodically review individual provisional appointments to ensure the system is not being abused. Response from the County: HAS BEEN IMPLEMENTED. Response from the Civil Service Commission: HAS BEEN IMPLEMENTED. The first provisional appointment report was initiated by the Commission and received at their July 2008 quarterly meeting. The Commission directed staff to provide provisional appointment reports at each quarterly meeting. The first report on provisional appointments was issued to the Commission at its July 17, 2008 quarterly meeting. The Commission will now receive these reports quarterly. Nepotism and Favoritism
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R3: To create consistency among code compliance staff, Planning Department management should provide a detailed, written procedures manual, including targets for the amount of time allowed for each step in the complaint resolution process. Response from the County: HAS BEEN IMPLEMENTED.
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R4: The Civil Service Commission should permanently create a standing committee consisting of two commissioners to hear and investigate personnel and hiring practice complaints. Upon conclusion of each of its investigations, this committee should report its findings and recommendations to the full commission. Response from both the County and from the Civil Service Commission: WILL NOT BE IMPLEMENTED. In 2007 the Civil Service Commission created a temporary ad hoc committee, consisting of two commissioners, to hear complaints from SEIU members. Handpicked for the Job? 17 2007–2008 Santa Cruz County Grand Jury Final Report The Brown Act (Government Code Section 54952), County Code (2.46.060), and Civil Service rules (Section 130 I. 1. A.) restrict the Civil Service Commission’s ability to create a standing committee and still maintain a confidential forum for county employee complaints. The meetings of a standing committee composed of less than a quorum of the commission would be subject to the notice, agenda, and public participation requirements of the Ralph M. Brown Act. It is not possible under the Brown Act to set up a permanent standing committee that could accomplish a confidential forum for complaints of County employees. Whistleblower Program
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R5: If First 5 no longer supports it, the Coalition for Health Care Outreach should be supported in the budget of the Health Services Agency. Response from the County: WILL NOT BE IMPLEMENTED. Although the Coalition for Health Care Outreach is very important, unless funding is identified to replace the $300,000 First Five contribution, such support cannot be guaranteed due to other competing high priority needs. Clinic Hours 2000-2001 Grand Jury Recommendation 6: Additional sessions in the evening and through the lunch hour would be a great advantage for family members who now must lose time at work to attend the clinics. Response from the County: This recommendation requires further analysis. 2007-2008 Grand Jury Findings 31. Three community clinics were visited in 2000, Salud Para La Gente in Watsonville, Santa Cruz Women’s Health Center, and Dientes Community Dental Clinic in Santa A Promise Kept 33 2007–2008 Santa Cruz County Grand Jury Final Report Cruz. The current Grand Jury has confirmed the following hours with employees at each clinic. All three clinics are closed Sundays and specified holidays. • Salud Para La Gente: • Monday through Friday, 9:00 a.m. to 7:00 p.m. • Saturday, 8:00 a.m. to 4:30 p.m. • Santa Cruz Women’s Health Center: • Monday, 8:30 a.m. to 5:00 p.m. • Tuesdays and Thursdays, 8:20 a.m. to 8:00 p.m. • Wednesday, 12:20 to 5:00 p.m. • Friday, 8:20 a.m. to 5:00 p.m. • Saturday, 8:00 a.m. to noon • Dientes Community Dental Care: • Monday though Thursday, 8:30 a.m. to 5:00 p.m. (closed 12:30 to 1:30 p.m.) • Friday, 7:30 a.m. to noon, and 1:00 to 4:00 p.m. (closed noon to 1:00 p.m.) • Saturday, 8:30 a.m. to 2:30 p.m. 32. Some discrepancies exist between the clinic hours posted on websites and the hours provided in email and telephone communication.
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R6: The Health Services Agency should encourage community clinics to accurately communicate clinic hours to the public. Response from the County: HAS BEEN IMPLEMENTED and will continue to be coordinated with the Safety Net Clinic Coalition. Dental Health Programs 2000-2001 Grand Jury Recommendation 7: Full-service dental health programs should be launched in county and community clinics. County Response: This recommendation has been and will continue to be implemented through the county’s community partners.
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R7: Preliminary results of whistleblower investigations should be required within 60 days of the original complaint. Response from the County: HAS BEEN IMPLEMENTED. This requirement is in effect for reports received after August 15, 2008. Response from the Santa Cruz County Auditor-Controller: HAS BEEN IMPLEMENTED.
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R8: The Board of Supervisors is encouraged to create a body independent of county government to serve as the first point of contact for all whistleblower complaints; from there they can be forwarded to the appropriate entity for investigation and resolution. Response from the County: REQUIRES FURTHER ANALYSIS. The Auditor-Controller will review suggestions for modifying the Whistleblower Hotline and will make appropriate recommendations to the Board. Handpicked for the Job? 2007–2008 Santa Cruz County Grand Jury Final Report
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R9: Clinic operations are no longer confined to daytime hours. The three clinics each offer some lunchtime and/or evening hours. All offer Saturday appointments as well.
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R10: The inconsistencies of the posted clinic hours confuse and possibly inconvenience patients. Recommendation
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R20: Since Medi-Cal and Healthy Families reimbursement rates are set by state and federal government agencies, the County of Santa Cruz has no authority to revise them.
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R21: Congressman Sam Farr, the California Medical Association (CMA), and others have called the reimbursement fee schedules for county doctors inequitable and continue to work to require that the U.S. Department of Health and Human Services fix a system viewed as unfair to local qualified participants. Conclusion
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R22: In June of 2001 the Packard Foundation grant expired. In 2007-2008, funding for the Coalition for Health Care Outreach (Coalition) came from two sources, First 5 California (First 5) and Medi-Cal Administrative Activities.
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R23: The budget for fiscal year was $403,000. First 5 funded $300,000, and the Coalition hopes to receive the additional $103,000 from Medi-Cal Administrative Activities.
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R24: The County works as a middleman for both sources of Coalition funding. Medi-Cal Administrative Activities
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R25: During the month of September, the Coalition completes a “time survey” to establish the annual cost of outreach activities in excess of what First 5 already pays. The federal government agency Medi-Cal Administrative Activities is billed that excess cost. The turnaround for payment is generally about three years.
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R26: The County supports various organizations associated with the Coalition throughout the year and receives the money from Medi-Cal Administrative Activities. Many 32 A Promise Kept 2007–2008 Santa Cruz County Grand Jury Final Report variables determine what work is being done and how it is being claimed. On average, the Coalition received approximately 75 percent of what they predicted in their budget from Medi-Cal Administrative Activities. The County then funds the remaining budget. First 5 California
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R27: The State of California retains 20 percent of the money First 5 receives, and 80 percent is distributed to the 58 counties throughout California based on the number of children born in the county. Santa Cruz receives approximately $2,700,000 annually.
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R28: First 5 has three established goals: healthy children, children learning and ready for school, and healthy families. Allowing for local decision-making, the First 5 Santa Cruz County Commission determines how to distribute funds based on a three-year strategic plan and annual contracts. Money provided to the Coalition by First Five has been designated as outreach funds.
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R29: First 5 reimburses the County for payments made to community agencies for contracted services.
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R30: In the fall of 2008, First 5 will create a new three-year strategic plan. This may or may not result in continued funds for the Coalition for Health Care Outreach. Conclusion
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R31: Three community clinics were visited in 2000, Salud Para La Gente in Watsonville, Santa Cruz Women’s Health Center, and Dientes Community Dental Clinic in Santa A Promise Kept 33 2007–2008 Santa Cruz County Grand Jury Final Report Cruz. The current Grand Jury has confirmed the following hours with employees at each clinic. All three clinics are closed Sundays and specified holidays. • Salud Para La Gente: • Monday through Friday, 9:00 a.m. to 7:00 p.m. • Saturday, 8:00 a.m. to 4:30 p.m. • Santa Cruz Women’s Health Center: • Monday, 8:30 a.m. to 5:00 p.m. • Tuesdays and Thursdays, 8:20 a.m. to 8:00 p.m. • Wednesday, 12:20 to 5:00 p.m. • Friday, 8:20 a.m. to 5:00 p.m. • Saturday, 8:00 a.m. to noon • Dientes Community Dental Care: • Monday though Thursday, 8:30 a.m. to 5:00 p.m. (closed 12:30 to 1:30 p.m.) • Friday, 7:30 a.m. to noon, and 1:00 to 4:00 p.m. (closed noon to 1:00 p.m.) • Saturday, 8:30 a.m. to 2:30 p.m.
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R32: Some discrepancies exist between the clinic hours posted on websites and the hours provided in email and telephone communication. Conclusions
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Hallazgos & Recomendaciones 25 hallazgos
F1: Main Jail 2. Rountree Medium 3. Rountree Minimum 4. Juvenile Hall 5. Blaine Street 6. Court Holding 7. Camp 45 The Main Jail, Rountree facilities, Blaine Street and the Court Holding cells 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 and other members of the Grand Jury: (1) inspected the Main Jail, Rountree facilities, Blaine Street, and Juvenile Hall; (2) spoke with management, staff, and inmates at each facility; (3) reviewed previous Grand Jury reports, paying particular attention to prior recommendations; and (4) 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. Three visits were made. The first visit was during the afternoon and early evening on September 29, 2006, the second visit in the afternoon on Sept. 30, 2006, and the third visit in the evening on Feb. 2, 2007. Jails Review - 1 Main Jail Findings 1. In 2006, the average daily number of inmates housed in the Main Jail was 340. On September 29 and 30, 2006, the total inmate population was 317. Approximately 10 percent of these inmates were female. On Feb. 2, 2007, the population was 321. Although there are a maximum of 424 beds available, the Main Jail’s rated capacity is 311. This capacity is set by the California Corrections Standards Authority, which inspects the jail every two years.
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F2: The Sheriff’s 2007 report on overcrowding, presented to the County Board of Supervisors in February 2007, reported that, “Although jail bookings decreased by only 1 percent, the average monthly population at the Main Jail is down 10 percent compared to 2005. The average monthly Main Jail population in 2005 was 386 in comparison to 346 in 2006.” Response: The Santa Cruz County Sheriff's Office AGREES.
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F3: In April 2007, the Governor and California State Legislature approved a prison reform measure aimed at easing overcrowding at state prisons. The measure includes $1.2 billion in funding to increase the number of beds at county jails statewide by 13,000, with a requirement that counties receiving state funds match 25 percent of the state’s contribution. Counties that assist the state in providing re- entry facilities and mental health programs for state prison parolees will receive preference from the state for the local jail funding. Response: The Santa Cruz County Sheriff's Office AGREES.
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F4: The jail population consists of both male and female inmates who have cases pending, have been sentenced, or who are awaiting sentencing. Approximately 75 percent of inmates housed in the jail are repeat offenders. On Sept. 30, 2006, 80 percent were not yet sentenced.
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F5: The jail population is segregated, with members of competing gangs housed in separate units, each with their own recreation room and exercise yard. Inmates with psychological problems, sex offenders and those who are violent are also segregated from the rest of the Main Jail population. Meals are served separately to eliminate contact. Jail inmates come into contact with inmates from other wings only during travel to court appearances.
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F6: At least one bilingual officer is on duty during every shift. Corrections officers said the Sheriff’s Office neither actively encourages nor discourages officers to learn Spanish, a prevalent language of inmates at the jail. Response: The Santa Cruz County Sheriff's Office PARTIALLY AGREES. Although English is spoken by 90% plus of the inmate population, the Sheriff's Office continues to prioritize hiring of bilingual staff.
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Recomendaciones relacionadas (1)
R6: The Sheriff’s Office should encourage Spanish language training for correctional officers. Response: The Santa Cruz County Sheriff's Office AGREES. This recommendation requires further analysis for potential training venues and cost. Jails Review - 7 Main Jail Commendation Jail administrators and staff and Detention Medical Services staff should be commended for their professionalism.
F7: The Sheriff’s Office spent $99,000 in 2006 on remodeling and mildew removal in one of the shower facilities at the Main Jail.
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F8: Arrestees who are drunk at the time of their arrest are put in the jail’s drunk tank for a minimum of five hours. The Sheriff’s Office collects information on “serial - 2 Jails Review inebriates,” those arrested at least four times within a 30-day period on suspicion of being drunk in public. The Santa Cruz County District Attorney’s office uses the information as part of the implementation of Proposition 36, the statewide measure passed in 2000 that allows first- and second-time nonviolent, simple drug possession offenders the opportunity to receive substance abuse treatment instead of incarceration.
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F9: Everyone who is admitted to the jail for 14 days or longer is examined by a doctor. The jail also offers limited dentistry (including pulling teeth, but not fillings or more extensive dental work). Testing of inmates for tuberculosis is now mandatory.
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F10: There are two nurses on duty overnight, more during days.
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F11: The entire corrections staff was retrained in the use of stun guns in fall 2006 following the death of an inmate in custody who had been subdued by a stun gun. Stun guns were reintroduced back into the jail in October 2006.
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F12: Medical records during the September visits were found stored out in the open in a hallway, possibly in violation of Health Insurance Portability and Accountability Act privacy requirements. The records were stored properly in a storage room during the February visit.
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F13: In November 2006, the Sheriff’s Office initiated regular one-hour Sunday tours of the Main Jail that are open to the public. Approximately 250 people had toured the Main Jail as of May 2007. Response: The Santa Cruz County Sheriff's Office AGREES.
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Recomendaciones relacionadas (1)
R3: The Sheriff’s Office should continue to offer tours of the Main Jail to the public and consider extending the practice to its Rountree facilities in Watsonville. Response: The Santa Cruz County Sheriff's Office AGREES. This recommendation has been implemented and is considering Rountree facility tours at this time.
F14: Corrections officers work 12-hour shifts with no overlap of shifts. Response from the County: The Sheriff determines the shifts of staff. Twelve hour shifts are provided for the Memorandum of Understanding between the County and the Sheriff’s staff.
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F15: As of March 13, 2007, 12 corrections officer positions at the jails were unfilled.
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F16: On busy nights, particularly Fridays and Saturdays, the jail cannot accept and process persons arrested as fast as they are brought to the jail. As a result, police cars from all the county’s law enforcement jurisdictions often queue up outside the jail, with police personnel forced to wait, sometimes more than an hour, for their turn. During this time, the officers are off the streets rather than patrolling. Response: The Santa Cruz County Sheriff's Office PARTIALLY AGREES. At times, especially during large events, a transportation officer will be designated by some police agencies to take other officer's arrestees to jail, allowing them to continue handling calls.
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F17: The Main Jail is scheduled to install a new fingerprinting system that will enable officers to scan a prisoner’s thumb print as soon as they drive into the intake port. This system will begin the process of identifying the prisoner, saving the officer time later into the intake process. The same fingerprinting system will also be used to scan prisoners before they are released from jail, providing positive identification and reducing the chance that an inmate will be released erroneously. Jails Review - 3 Response: The Santa Cruz County Sheriff's Office AGREES.
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F18: The county’s only booking facility is in the Main Jail. Police working in the south part of the county must transport persons who are arrested to the Main Jail in Santa Cruz for booking. Response: The Santa Cruz County Sheriff's Office AGREES.
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Recomendaciones relacionadas (1)
R2: The Sheriff’s Office should aggressively pursue opening a second booking facility in the southern portion of the county, as well as additional methods of expediting the process for officers delivering arrestees to the jail. Response: The Santa Cruz County Sheriff's Office PARTIALLY DISAGREES. This recommendation will not be implemented. Although it may create some efficiencies, the creation of a second booking facility will be very expensive and requires State approval by the Corrections Standards Authority.
F19: Creation of a new “prisoner classification system,” recommended by the National Institute of Corrections, is due to be completed this spring or summer. One of the expected benefits of the new system will be a more comprehensive analysis of new prisoners, possibly resulting in an increase in the number of inmates qualifying for rehabilitation programs rather than incarceration in the Main Jail. Also, as recommended by the National Institute of Corrections, a “Jail Population Control Officer” has been appointed temporarily to monitor jail overcrowding until the new classification system is completed, at which time a “classification team” of corrections officers will take over the task. Response: The Santa Cruz County Sheriff's Office PARTIALLY AGREES. The new classification system has been completed and implemented.
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Recomendaciones relacionadas (1)
R1: The Sheriff’s Office should implement its new prisoner classification system as soon as possible and continue to look for additional ways to reduce overcrowding. Response: The Santa Cruz County Sheriff's Office AGREES. This recommendation has been implemented. - 6 Jails Review
F20: Medical services at the Main Jail, as well as at the other corrections facilities in the county, are provided by the Santa Cruz County Health Services Agency.
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F21: In the majority of counties in California, medical services are contracted out by the county’s Sheriff’s Department to private companies. In most of the remaining counties, the Sheriff’s Department is responsible for providing medical care for inmates. The model used in Santa Cruz County with the county’s Health Services Agency responsible for providing medical care for inmates is unusual, though not unique.
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F22: The California Code of Regulations establishes requirements for medical care in county jails. Title 15, Minimum Standards for Local Detention Facilities, Article 11, Medical/Mental Health Services, Sec. 1200, establishes that the Sheriff’s Office is ultimately responsible for the provision of health care within the jails. It states, “Responsibility for Health Care Services: (a) In Type I, II, III, and IV facilities, the facility administrator shall have the responsibility to ensure provision of emergency and basic health care services to all inmates.” Response: The County AGREES with this finding. Response: The Santa Cruz County Sheriff's Office AGREES.
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F23: Detention Medical Services is a small portion of the Santa Cruz County Health Services Agency’s responsibilities and budget. The overall budget for the Health Services Agency is $135 million; the total budget for Detention Medical Services is $3 million. Of the 20 Health Services Agency’s Detention Medical Services positions, two-thirds are nurses. Four and a half positions in Detention Medical Services were vacant as of March 2007. - 4 Jails Review 24. The Health Services Agency is working toward computerization of all reports and paperwork, but computerization of jail reports for the handling of medications and tracking medical reports has been delayed.
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F25: Nursing staff turnover at the jail has been high, partly attributable to the higher salaries nurses can earn both locally at private health institutions in the county, including the hospital, and in jails in other counties. There have been suggestions that the Detention Medical Services department, because it comprises only a fraction of the entire Health Services Agency’s mission, is not being given the attention or resources necessary to operate efficiently, and that Detention Medical Services is losing trained, experienced personnel, resulting in lost productivity and expertise and higher training costs. Salaries for detention medical services personnel are currently under review to determine their competitiveness with other similar positions. County administrators and labor representatives for nurses initiated negotiations for a new contract in spring, 2007. Response from the County: The County AGREES with findings related to nursing staff turnover and anticipated salary review. The County DISAGREES with the portion of the finding that indicates that Detention Medical Services has not been given the attention or resources necessary to operate efficiently. Response: The Santa Cruz County Sheriff's Office PARTIALLY AGREES. Many of the County jail medical staff are leaving for state prison jobs because of a court order dramatically increasing state medical salaries.
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Recomendaciones relacionadas (1)
R4: The Board of Supervisors should evaluate the compensation given to Sheriff’s Office corrections staff and the Health Services Agency’s Detention Medical Services staff to assure the parity of pay of those positions compared with similar jobs elsewhere. Response from the County: The recommendation will be implemented. County salaries and benefits are regularly reviewed as a part of negotiations in the various budget units.
F26: The Interim Director of Detention Medical Services is conducting an assessment of costs, staffing, issues involving who has authority over detention medical services staff, and state statutory guidelines for providing medical care to inmates. The goal of the assessment is to determine, 1) whether inmate care is best managed through the county’s Health Services Agency; 2) if the county would be better served by having the Sheriff’s Office manage Detention Medical Services itself; or 3) if the Sheriff’s Office should contract out to a private health provider. The report is projected to be completed sometime in 2008. Response: The County PARTIALLY AGREES. The review is being conducted by the Health Services Agency, the Sheriff’s Office, and the County Administrative Office. Response: The Santa Cruz County Sheriff's Office PARTIALLY AGREES. This assessment is ongoing with the involvement of the Sheriff's Office, HSA, and the CAO's Office. Jails Review - 5 Main Jail Conclusions 1. The facility is well-managed. Officers and staff conducted themselves in a professional manner during inspections, answered questions asked of them in a thorough and knowledgeable manner, promptly provided backup information when requested and exhibited a sense of pride in their work.
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Recomendaciones relacionadas (1)
R5: The Sheriff’s Office and Health Services Agency should expedite their review of the most effective and cost-efficient way to provide health services to the jails, including reviewing the possibility of contracting out some or all of the jails’ health care needs to a private company. Response from the County: This recommendation will be implemented. The Director of Detention Medical Services, Medical Director, and Physicians Assistant are now part of the Sheriff's staff. If evaluation of the data shows this change to be beneficial, additional reorganization and transfers to the Sheriff’s Office may occur in future years. Response: The Santa Cruz County Sheriff's Office AGREES. This recommendation requires further analysis. At this time, the positions of Director of Detention Medical Services, Medical Director, and Physicians Assistant are now part of the Sheriff's staff with the eventual goal of transitioning the Detention Nursing and support staff to the Sheriff's Office in future years.
Hallazgos & Recomendaciones 11 hallazgos
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.
Recomendaciones relacionadas (1)
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.
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.”
Recomendaciones relacionadas (1)
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.
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?
Recomendaciones relacionadas (1)
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.
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.
Recomendaciones relacionadas (1)
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
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
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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.
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.
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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.
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
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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.
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
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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.
F9: 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.
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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.
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.
F2004: The investigation reviewed the performance of the oversight committee, including its reports to the public. The investigation did not reveal any misappropriation of funds or any violations of the law or regulations in the creation and operation of the committee. However, it did reveal several areas where the district and the committee could improve oversight and provide greater transparency to the public in the expenditure of the bond funds. Definitions COC Citizen Oversight Committee. Independent Audit An audit by a Certified Public Accountant of the financial statement of the District’s Measure D Bond Fund and a performance audit to assure that funds have only been expended on voter approved projects. Measure D Funds The $118.5 million Measure D Bond Funds passed by the County voters in March 2004 to use for construction, rehabilitation and leasing of school facilities. Background Legislation Proposition 39, an initiative constitutional amendment and statute, was passed by state voters in November of 2000. It amended the California Constitution and resulted in a revision to the California Education Code. It provided for a 55% vote to pass local bond measures, in lieu of the standard 2/3 vote requirement, if specific accountability requirements were incorporated in the bond measure. These “accountability requirements” (Article XIIIA Sec 1 (b) (3) of the California Constitution) for school bond measures are summarized as follows: • Must require that funds can only be spent for construction, rehabilitation, and/or leasing of facilities including furnishings and equipment. • Must contain a list of specific school facilities projects to be funded. – 1 Window Dressing or Effective Oversight? • Must require an independent annual performance audit to ensure that funds have only been spent for the projects listed in the measure. • Must require an independent annual financial audit until funds have been spent. In addition, California Education Code Sections 15278-15282 directs that the bond measure require the formation of an independent Citizen Oversight Committee. Its purpose is to inform the public as to the district’s compliance with the above accountability requirements. The scope of its activities is divided into two categories, required and optional, as follows: Required Optional 1. Ensure that the district conforms to 1. Receive and review performance accountability requirements. audits.
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No vinculadas a hallazgos específicos.

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
Hallazgos & Recomendaciones 17 hallazgos
F1: There is tension between the competing priorities of law enforcement's responsibility to ensure public safety while protecting constitutional rights of free speech and free assembly. 1.1 Worldwide reports of terrorism, 9/11 and enactment of the U.S. Patriot Act have heightened public sensitivity toward criminal activity on every level, from the lowest local infraction to the most serious national acts. Santa Cruz Police Departmental Directive Section 610, p. 1, July, 2006. S.C. Police Directive, p. 1. S.C. Police Directive, p. 2. S.C. Police Directive, p. 3. Last Night, First Right - 27 Similarly, the public’s sensitivity to and awareness of incursions into constitutionally protected freedom of speech and freedom of assembly is also heightened. Previous holiday-oriented gatherings downtown Santa Cruz had resulted in significant property damage and serious personal injury. 1.2 The officers involved in the undercover operation did not consider the political aims of the group they investigated, focusing instead on the public safety ramifications of the Last Night Parade. 1.3 Some Santa Cruz residents were eager to jump to the conclusion that the Last Night Santa Cruz DIY Parade surveillance was part of a larger conspiracy to squelch civil rights. Response: The Santa Cruz Police Department AGREES. Response from the Capitola Police Department: The Capitola Police Department has insufficient information upon which to base an opinion in this matter. However, what we can comment on is that the Capitola Police Department and its members have not engaged in a conspiratorial fashion, as an agency or in partnership with other law enforcement agencies, to squelch the civil rights of any citizen of Capitola or Santa Cruz County. Response: The Scotts Valley Police Department AGREES. Response: The Santa Cruz County Sheriff's Office DISAGREES. Since the Sheriff has no personal knowledge on this point, he is unable to agree or partially disagree with it. Response from the Watsonville Police Department: We find it impossible to comment on what some people assume. We are not, have not ever, conspired to squelch civil rights.
F2: In addition to the police surveillance conducted by the Santa Cruz Police Department, there have been reports of law enforcement conducting surveillance of events that have subsequently been determined to be First Amendment-related activities in other areas across the country. 2.1 In April 2005, students at the University of California, Santa Cruz, protested military recruiters’ attendance at an on-campus career fair. It was learned eight months later that the Pentagon had classified the student protest as a “credible threat”12 and Defense Department representatives had conducted undercover monitoring of the event. Response: The Santa Cruz Police Department PARTIALLY AGREES. Our agency was made aware of these events as with all other members of the public: via the media. We cannot definitively say what was done by 12 UC Santa Cruz Message from the Chancellor, Dec. 28, 2005. - 28 Last Night, First Right another agency in monitoring the event or what the rationale for such monitoring was used. Response from the Capitola Police Department: The Capitola Police Department did not have any role in this particular incident and no further basis upon which to comment on this matter. However, it is important to note that in the past, military recruiters have been threatened and assaulted in various forums throughout the United States. Thus, it is reasonable for the government and law enforcement entities to conduct some reasonable level of threat assessment and intelligence gathering before placing recruiters and other employees in harms way. Response: The Scotts Valley Police Department PARTIALLY AGREES. We only know what was reported in various media accounts and are not privy to what actions the Defense Department may or may not have taken. Response: The Santa Cruz County Sheriff's Office PARTIALLY AGREES. The Sheriff agrees with the first sentence and disagrees with the second sentence because he has no personal knowledge or verification on these points that would allow him to agree or partially disagree. Response from the Watsonville Police Department: There seems to be no question to be answered. We have no information to respond to the jury’s statement. 2.2 Monitoring of First Amendment-protected activities in recent years has occurred in Oakland, Fresno, Contra Costa County, San Francisco and New York City.13 Response: The Santa Cruz Police Department PARTIALLY AGREES. The department is not able to confirm that such monitoring took place and does not have any specific information readily available that verifies such claims. Response: The Capitola Police Department AGREES. The Capitola Police Department agrees. Monitoring of First Amendment- protected activities is certainly not limited to the cities mentioned in the Grand Jury Report and likely has taken place for many years. Likewise, monitoring of First Amendment-protected activities if done correctly, for the right reasons, to include either “probable cause” or “a reasonable suspicion” of criminal activity associated with a First Amendment- protected activity is generally in compliance with the law and often assures and protects public safety. ACLU-NC report, “The State of Surveillance,” pp. 12-19, July 2006. Last Night, First Right - 29 Response: The Scotts Valley Police Department PARTIALLY AGREES. We have seen this reported in ACLU documents and some media sources but have not confirmed their veracity nor context. Response: The Santa Cruz County Sheriff's Office DISAGREES. The Sheriff has no personal knowledge on this point that would allow him to agree or partially disagree with them, and this statement appears to be a quote from a publication. Response from the Watsonville Police Department: There seems to be no question to be answered. We have no information to respond to the jury’s statement. 2.3 No evidence has been found that the Santa Cruz Police Department or other Santa Cruz County law enforcement agencies have engaged in undercover surveillance of First Amendment-protected political activity in recent years beyond the Last Night DIY parade.
F3: Parade organizers broke the law, but there is no evidence that the organizers posed a serious threat to public safety. 3.1 By publicly stating they did not intend to apply for a parade permit, the Last Night DIY organizers knowingly intended to break the law. The law broken was an infraction, the lowest level of violation, generally indicative of not being of a serious or threatening nature. 3.2 On New Year’s Eve 2005, the Last Night Santa Cruz DIY Parade was held as planned, and no major problems were reported. 3.3 Following the direction of its new First Amendment policy, a city official contacted organizers of the Dec. 31, 2006, New Year’s Eve’s parade prior to the event and attempted to convince them to apply for a free Noncommercial Event permit. Organizers declined, and the police department did not pursue the matter further. A second Last Night Santa Cruz DIY Parade was held on Dec. 31, 2006, at which no serious problems were reported.
F4: There were no clear policies in place in Santa Cruz in 2005 to provide guidance for this type of surveillance. 4.1 There is little recent case law establishing what is permissible and what is not permissible in the area of police undercover surveillance of First Amendment-protected activities. Much of the case law that guides undercover infiltration of free speech groups dates to the 1960s and 1970s and is not entirely applicable to the civil rights and law enforcement issues that predominate in the post-9/11 world. Response: The Santa Cruz Police Department PARTIALLY AGREES. However, there is a recent Ninth Circuit Court case that addresses many of these issues raised. - 30 Last Night, First Right Response: The Capitola Police Department DISAGREES. In today’s litigious society, where lawsuits and public records act requests often overwhelm public agencies, access to public records and information retained by the government is at an all time high. Likewise, challenges to local, state and federal agencies Intelligence Gathering and Criminal Intelligence Guidelines are also undergoing close scrutiny and substantial revision at all levels of government. The laws governing intelligence and criminal intelligence file guidelines are contained and distributed by the California Peace Officers Association, Criminal Intelligence Standards and Guidelines manual dated July 2003; the State of California Attorney General’s Office; U.S. Department of Justice, Criminal Intelligence Systems Operating Policies for 28 CFR Part 23 Compliance. There are numerous publications available to local law enforcement agencies, which routinely discuss the law and case precedence established by current cases relative to constitutionally protected rights, to include First Amendment-protected activities. Response: The Scotts Valley Police Department PARTIALLY AGREES. We have not conducted independent research to corroborate this finding. Response: The Santa Cruz County Sheriff's Office DISAGREES. The Sheriff has no personal knowledge on these points that would allow him to agree or partially disagree with them. Response: The Watsonville Police Department DISAGREES. In today’s litigious society, where lawsuits and public records act requests often overwhelm public agencies, access to public records and information retained by the government is at an all time high. Likewise, challenges to local, state, and federal agencies Intelligence Gathering and Criminal Intelligence Guidelines are also undergoing close scrutiny and substantial revision at all levels of government. The laws governing intelligence and criminal intelligence file guidelines are contained and distributed by the California Police Officers Association, Criminal Intelligence Standards and Guidelines manual dated July 2003; the State of California Attorney General’s Office; U.S. Department of Justice, Criminal Intelligence Systems Operating Policies for 28 CFR Part 23 Compliance. There are numerous publications available to local law enforcement agencies, which routinely discuss the law and case precedence established by current cases relative to constitutionally protected rights, to include First Amendment-protected activities. 4.2 The office of the California Attorney General in 2003 issued a report that provided a summary of state law regarding police intelligence collection operations titled “Criminal Intelligence Systems: A California Perspective,” but local law enforcement have found it difficult to interpret. Response: The Capitola Police Department PARTIALLY AGREES. The Capitola Police Department has reviewed the referenced report and Last Night, First Right - 31 guidelines. To better understand the recommended policies and procedures contained in the manual, along with the contemporary issues of: Criminal Intelligence Guidelines and the Criminal Intelligence System, the Capitola Police Department has elected to send all command officers to the Criminal Intelligence for Executives Course. This course is taught by staff from the California Attorney General’s Office, along with featured guest speakers. The structure of the course and the information provided helps executives and police command staff better understand the importance of both an effective and legal intelligence gathering process. Response: The Scotts Valley Police Department AGREES. Response: The Santa Cruz County Sheriff's Office PARTIALLY AGREES. The Sheriff agrees that the Attorney General issued this report but disagrees that local law enforcement agencies have found it difficult to interpret as he has no personal knowledge that would allow him to agree or partially disagree with this statement. Response: The City of Santa Cruz PARTIALLY DISAGREES. The 2003 report as issued by the Attorney General attempts to provide a framework for collection, analysis, and storage of criminal intelligence information. The report provides a series of recommendations culled from previous commissions and studies that emphasize standardization, accuracy, and information sharing between agencies. From the standpoint of the Santa Cruz Police Department, such information is only obtained on active criminal investigations, generally gang cases, and the information is purged pursuant to mandated purge criteria. The Santa Cruz Police Department already participates in countywide standardized information systems and accesses state databases that hold criminal intelligence information. The department does not maintain non-criminal information files on individuals. The report does not appear to focus on First Amendment activities and does not appear specifically germane to the Last Night event. Response: The Watsonville Police Department AGREES. 4.3 Prior to adoption of a new policy by the Santa Cruz Police Department regarding undercover operations of First Amendment-protected activities, only two cities, San Francisco and Washington, D.C., had explicit policies defining when and under what circumstances police may engage in undercover investigation of First Amendment-protected activities. Response: The Santa Cruz Police Department PARTIALLY AGREES. Our agency queried the entire California Chief’s listserve to determine if other California agencies had such a policy and received no affirmative response. Through basic research it was determined that very few agencies had such a policy. However, we are unsure if the two agencies listed in the above finding are the only other two agencies nationwide. - 32 Last Night, First Right Response from the Capitola Police Department: The Capitola Police Department has insufficient information upon which to base an opinion, or response, as we have not independently contacted all police agencies in the entire country regarding this matter. However, in reviewing numerous intelligence and surveillance policies from around the state, it is readily apparent that most agencies require either a “reasonable suspicion” or “probable cause” that criminal activity may be planned or exists, before authorizing either a police surveillance or a criminal intelligence gathering operation. This standard is consistent with the recommendations made by Robert Aaronson, Independent Police auditor, contained on of this report and may explain why other agencies may have previously been silent on First Amendment-protected activity. Generally, the Constitutional protections referenced as First Amendments activities are incongruous with an individual or individuals violating the law and hiding behind the cloak of Free Speech or other alleged protections. Response: The Scotts Valley Police Department DISAGREES. We cannot agree with this finding absent independent research and verification. Response: The Santa Cruz County Sheriff's Office DISAGREES. The Sheriff has no personal knowledge on this point that would allow him to agree or partially disagree with it. Response from the Watsonville Police Department: There seems to be no question to be answered. We take the jury’s word for Washington, D.C. and San Francisco Police Department having policies. 4.4 Police officers receive minimal training in First Amendment and free- speech issues, usually prior to becoming an officer while they are in the police academy. Response: The Santa Cruz Police Department PARTIALLY AGREES. While the agency agrees that First Amendment issues are covered in the policy academy, the department now expects all of our officers to adhere to the new internal policy. Response: The Capitola Police Department DISAGREES. As previously stated, the Chief of Police and all Command Officers attend the State sponsored Criminal Intelligence for Executives Course and receive instruction on both State and Federal guidelines concerning Criminal Intelligence and Intelligence File Guidelines. Likewise, all uniformed and investigative staff receive regular updates and review operational orders concerning all planned protests, demonstrations and labor management incidents, as it relates to the Constitutional rights of those persons involved in protected free speech activity. Additionally, Capitola Police Department Incident Commanders are required by policy and practice to coordinate operations, to the degree possible, with Last Night, First Right - 33 demonstration and free speech organizers and participants, to insure the rights of demonstrators are protected and balanced in contrast to public safety concerns and private property rights. I refer the Grand Jury to the Governor’s Office of Emergency Services, Law Enforcement Branch, Information Bulletin, dated March 12, 2003, entitled: Potential Military Action in the Middle East: Law Enforcement Planning Issues. I further direct the Grand Jury’s attention to page two of that document, which states: “To reiterate, lawful First Amendment speech and protest activity must be respected and protected.” Similar instructions are regularly discussed and incorporated into pre-incident briefings with all staff assigned to the Capitola Police Department. Response: The Scotts Valley Police Department PARTIALLY AGREES. Academy curriculum includes general constitutional instruction. We cannot speak to what additional training independent police agencies provide their officers. Response: The Santa Cruz County Sheriff's Office AGREES. The Sheriff agrees as it relates to the Santa Cruz County Sheriff's Office only. Response: The Watsonville Police Department PARTIALLY AGREES. All Peace Officers get continual training. Some of that training deals with the First Amendment, mostly as it relates to picketing, protests, sit-ins, etc. The Santa Cruz District Attorney has two attorneys assigned to assist agencies in such matters. 4.5 None of the other local law enforcement agencies in Santa Cruz County have a policy in place regarding undercover surveillance of First Amendment activities. The Scott's Valley Police Department is reviewing its policies regarding surveillance and anticipates adopting changes this summer. Response: The Santa Cruz Police Department AGREES. At the time of implementation the department was the only in the county (and one of the few in the state) to have adopted such a policy. Response: The Capitola Police Department PARTIALLY AGREES. The City of Capitola shares the same City Attorney as the City of Santa Cruz. As such, the City Attorney is reviewing our current policy as it applies to surveillance and criminal intelligence guidelines, files and surveillance operations. The review should be completed and submitted to the Police Department within the next month and the policy should be adopted and implemented shortly thereafter. However, the department currently appears to meets industry standards, having received training in the State of California, Department of Justice and the U.S.Department of Justice standards as they apply to Criminal Intelligence Gathering and Surveillance operations. - 34 Last Night, First Right Response: The Scotts Valley Police Department PARTIALLY AGREES. Scotts Valley Police is drafting a policy similar to Santa Cruz Police. We cannot speak to what other local agencies have in regards to such policies. Response: The Santa Cruz County Sheriff's Office PARTIALLY AGREES. The Sheriff partially agrees with the first sentence as it relates to the Santa Cruz County Sheriff's Office only and disagrees with the second statement because he has no personal knowledge that would allow him to agree or partially disagree with that point. Response from the Watsonville Police Department: Our policy in this area is guided by case law and advice of District Attorney’s staff. Our policies are currently being changed and updated through a company of lawyers. 4.6 The police official who authorized the undercover operation was also the one who conducted the department’s internal investigation. 4.7 The Santa Cruz Police Department was reluctant to address the issue to the public’s satisfaction. What was and was not released to the public was also complicated by state-mandated limitations upon what can be legally disclosed regarding police personnel matters, not by obfuscation by the police department.
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R3: Every law enforcement agency in the county should establish procedures, tailored within constitutional limitations to meet their own unique identities, for authorizing surveillance of groups or individuals that may be protected under the First Amendment. Any such approved surveillance operations should establish a clear chain of command for authorizing such surveillance and include provisions for review by the chief of police and legal counsel. Response from the Santa Cruz Police Department: The recommendation has been implemented. At the time of implementation our agency was the first and only agency within the county to adopt such a policy. Response: The Capitola Police Department PARTIALLY AGREES. The Capitola Police Department agrees that surveillance and undercover operations Last Night, First Right - 41 involving groups or individuals that may be protected under the First Amendment should require prior authorization by the Chief of Police. However, we do not agree that prior authorization requires the review and concurrence of the City Attorney, although in some cases the City Attorney may be asked for his/her legal opinion relative to a surveillance or undercover operation. Response: The Scotts Valley Police Department AGREES. Response: The Santa Cruz County Sheriff's Office AGREES. This recommendation requires further analysis. The Sheriff's Office, as part of its normal policy review process, is revising several current policies and implementing new ones. A revised Criminal Intelligence policy is being drafted at this time and other police agencies' policies on this subject will be consulted. Response: The Watsonville Police Department PARTIALLY DISAGREES. The courts, through their decisions on many issues including this one, provide the path to follow with counsel from our legal advisors. It would be difficult at best to have a policy that covers every First Amendment possibility. Having said that, we are in the process of adopting new policies using a company, Lexipol, that is made up of lawyers that are experts in the field of law enforcement policies that use as a basis to form the policies: case law, statute law, and best practices. We will bring to their attention, the Grand Jury’s recommendation.
F5: In the wake of the surveillance incident, the Santa Cruz Police Department has created new policies to guide it in the future when balancing public safety and constitutional protections for free speech and assembly. Response: The Santa Cruz Police Department AGREES. Response from the Capitola Police Department: The Capitola Police Department agrees that the Santa Cruz Police Department has created a new policy by adopting Departmental Directive, Section 610. Response: The Scotts Valley Police Department AGREES. Response: The Santa Cruz County Sheriff's Office PARTIALLY AGREES. The Sheriff has heard that the Santa Cruz Police Department has adopted some changes to their policies but has not seen these changes. Response: The Watsonville Police Department AGREES. 5.1 The City of Santa Cruz employs an independent police auditor, who reports to the city manager, not the police department. He reviews internal affairs investigations for accuracy and thoroughness. Response from the Capitola Police Department: The Capitola Police Department agrees that the City of Santa Cruz Last Night, First Right - 35 employs an independent police auditor and has not further comment on the matter. Response: The Scotts Valley Police Department AGREES. Response: The Santa Cruz County Sheriff's Office AGREES. Response: The Watsonville Police Department AGREES. 5.2 No other law enforcement agencies in Santa Cruz County employ an independent police auditor as the City of Santa Cruz does. Response: The Capitola Police Department AGREES. Response: The Scotts Valley Police Department PARTIALLY AGREES. We have not verified this finding. Response: The Santa Cruz County Sheriff's Office AGREES. Response: The Watsonville Police Department AGREES. 5.3 The Santa Cruz City Council empowers a subcommittee of three council members to act as a Public Safety Committee and review police issues that come before the city, adding another layer of scrutiny of police actions beyond the independent auditor. Response: The Capitola Police Department AGREES. Response: The Scotts Valley Police Department AGREES. Response: The Santa Cruz County Sheriff's Office DISAGREES. The Sheriff has no personal knowledge on this point that would allow him to agree or partially disagree with it. Response: The Watsonville Police Department AGREES. 5.4 Santa Cruz Police Departmental Directive Section 610 establishes a minimum threshold of “reasonable suspicion” of anticipated criminal activity before police can initiate undercover surveillance of First Amendment-protected activity. However, there is no simple all- encompassing definition of what constitutes reasonable suspicion; it will be considered on a case-by-case basis. Response: The Santa Cruz Police Department AGREES. Response: The Capitola Police Department AGREES. Response: The Scotts Valley Police Department AGREES. Response: The Santa Cruz County Sheriff's Office DISAGREES. The Sheriff has no personal knowledge on this point and has not viewed the Santa Cruz Police Department Directive Section 610. Response: The City of Santa Cruz AGREES. - 36 Last Night, First Right Response from the Watsonville Police Department: We cannot agree or disagree. We have not read Santa Cruz Police Department Directive Section 610. 5.5 The new Santa Cruz Police Departmental Directive Section 610 establishes a clear chain of command that includes the chief of police that must be followed in authorizing such undercover operations. Both the chief of police and the Santa Cruz city attorney must now review proposed undercover surveillance of First Amendment-protected activity. Response: The Santa Cruz Police Department PARTIALLY AGREES. The directive specifically applies to potential criminal activity. Response: The Capitola Police Department AGREES. Response: The Scotts Valley Police Department AGREES. Response: The Santa Cruz County Sheriff's Office DISAGREES. The Sheriff has no personal knowledge on this point and has not viewed the Santa Cruz Police Department Directive Section 610. Response from the Watsonville Police Department: Watsonville Police Department takes the jury’s word for it. 5.6 Several sections of the Santa Cruz Police Department’s new policy regarding surveillance of political activities are now cited as “Best Practices Guidelines for First Amendment Activities,”14 including acknowledgement of citizens’ rights afforded under the U.S. Constitution; the chain of command to be followed in deciding whether to initiate a surveillance operation of political activity; and what police officers can and cannot do when investigating protected claims of political activity. Response: The Santa Cruz Police Department PARTIALLY AGREES. The policy as adopted by the Santa Cruz Police Department addresses the monitoring of First Amendment activities. It does not, however, specifically outline post-event investigations as implied by the above finding. Response: The Capitola Police Department AGREES. Response: The Scotts Valley Police Department AGREES. Response: The Santa Cruz County Sheriff's Office DISAGREES. The Sheriff has no personal knowledge as to Santa Cruz Police Department’s new policy regarding surveillance of “political activities.” Response: The City of Santa Cruz PARTIALLY AGREES. The policy as adopted by the Santa Cruz Police Department addresses the monitoring of First Amendment activities. It does not, however, 14 ACLU, pp. 26-30. Last Night, First Right - 37 specifically outline post-event investigations as implied by the above finding. Response from the Watsonville Police Department: Watsonville Police Department takes the jury’s word for it. 5.7 The Santa Cruz City Council Public Safety Committee has requested further review of the new policy regarding surveillance of First Amendment-protected activities by the city manager with regard to five additional points the American Civil Liberties Union of Northern California, recommends be included in the policy. The ACLU recommends that the new policy be expanded to add these protections: Add a reference to the California Constitution's Right of Privacy; narrow the scope of “reasonable suspicion” in determining when undercover operations may be allowed; clarify the meaning of less intrusive tactics in the new policy; add guidance regarding video surveillance; and expand provisions for auditing and reporting of undercover operations. Response: The Santa Cruz Police Department AGREES. Our agency complied with requests for information and participated in the capacity requested by the Public Safety Committee and City Manager. The
F6: Police were not out of line in viewing the Last Night DIY Santa Cruz Parade as a potential threat to public safety, given the history of stabbings and violence at previous downtown events. The parade’s organizers did not intend to cause property damage or personal injury, but large gatherings where people consume alcohol can create dangerous situations which are unanticipated by those planning the event.
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R6: People taking part in protests and other public activities that claim protection under the First Amendment must recognize the potential for events to spin out of their control, and for criminal elements to attach themselves to those events, creating real public safety problems that police must address.
F7: The absence of police policy in the area of surveillance of politically protected speech and activity suggests that police are involved with more immediate public safety issues and that the Last Night Santa Cruz DIY Parade surveillance was an anomaly rather than “the tip of the iceberg” of wider police surveillance.
F8: The rightness or wrongness of the Last Night Santa Cruz DIY Parade investigation hinges upon interpretations of law and competing priorities upon which reasonable people on both sides of the issue differ. Last Night, First Right - 39
F9: Not considering the political element inherent in the Last Night DIY Santa Cruz Parade hampered police from recognizing potential free speech and First Amendment issues that may have caused them to reconsider the necessity of the undercover operation.
Recomendaciones relacionadas (2)
R1: Police chiefs and the county sheriff should ensure they are familiar with the most recent case law involving surveillance of activities involving free speech and freedom of assembly that are protected under the California and U.S. Constitutions. Response from the Santa Cruz Police Department: The recommendation has been implemented by our agency. We are unable to respond to the status of other county law enforcement agencies. Response: The Capitola Police Department AGREES. Response: The Scotts Valley Police Department AGREES. Response: The Santa Cruz County Sheriff's Office AGREES. This recommendation requires further analysis to determine and research the wide extent of case law on this very complex issue. Response: The Watsonville Police Department PARTIALLY AGREES. Our jobs are not to study case law, but to insure the advisors of our officers do. That would be the assistant district attorneys, city attorneys, California Police Chiefs Association Council, and the California District Attorneys Association. Court Decisions change often.
R2: Law enforcement must be cognizant of the wide range of activities that fall under the umbrella of the First Amendment when considering surveillance operations. Response from the Santa Cruz Police Department: The recommendation has been implemented. The Santa Cruz Police Department implemented the first such policy that helps guide our agency. Response: The Capitola Police Department AGREES. Response: The Scotts Valley Police Department AGREES. Response: The Santa Cruz County Sheriff's Office AGREES. This recommendation requires further analysis to determine potential training on this very complex issue. Response: The Watsonville Police Department AGREES.
F10: Police officers working the streets must navigate a complex web of directives and guidelines in the performance of their duties and are responsible for upholding a wide array of laws. It is the responsibility of police department management to be aware of these developments so that when a situation arises, they can correctly advise their officers how to proceed.
F11: The adoption of Santa Cruz Police Departmental Directive Section 610 and the exposure that police handling of the Last Night Santa Cruz DIY Parade received makes it unlikely that undercover operations of First Amendment-protected activities will be undertaken in the future without more extensive advance scrutiny.
F12: Although the Santa Cruz Police Department conducted its own internal investigation, the independence of the investigation was compromised by the fact that the police official who conducted the internal investigation was also the police official who authorized the undercover operation causing suspicion of the findings by some members of the public.
Recomendaciones relacionadas (1)
R5: The cities of Watsonville, Capitola and Scotts Valley, and the Santa Cruz County Sheriff’s Department should consider contracting with an independent auditor who is not employed by the police department to review those grievances by the public that cannot be satisfactorily resolved within each department’s internal affairs unit. Response: The Capitola Police Department DISAGREES. The City of Capitola and the Capitola Police Department has a Citizen Complaint process, which includes options for both internal and external investigations conducted by either a member of the Police Department or an independent contract investigator. Likewise, an appeal process exists whereby citizens can appeal the - 42 Last Night, First Right
F13: The report issued by the city’s independent auditor served a useful role and aided in preventing further deterioration of the relationship between the Santa Cruz Police Department and residents. The report enabled residents and the police department to come together in the wake of the controversy to try and find some mutually acceptable common ground.
F14: The Santa Cruz Police Department’s adoption of Departmental Directive Section 610 puts it ahead of almost all other cities in the state and the nation in addressing the potential legalities surrounding this type of investigation.
F15: The Santa Cruz Police Departmental Directive Section 610 is a step forward in spelling out under what conditions undercover surveillance of First Amendment activity may occur.
F16: The more straightforward and less legally complicated Santa Cruz Police Departmental Directive Section 610 is kept, the more likely it is to be understood and adhered to.
Recomendaciones relacionadas (1)
R4: The City of Santa Cruz should carefully weigh recommendations by the American Civil Liberties Union (ACLU) that Santa Cruz Police Departmental Directive Section 610 be expanded against the desirability of keeping Departmental Directive Section 610 simple and easily understood. Response from the Santa Cruz Police Department: The recommendation has been implemented. Working with the City Manager, City Attorney, ACLU and others the Santa Cruz Police Department weighed the recommendations outlined by the ACLU and Departmental Directive Section 610 has been finalized. Response from the City of Santa Cruz: The recommendation has been implemented. Working with the City Manager, City Attorney, ACLU, and others, the Santa Cruz Police Department weighed the recommendations outlined by the ACLU and Departmental Directive Section 610 has been finalized.
F17: Citizens often interact only with their police department when something bad happens—they receive a traffic citation, are stopped for drunk driving, are told they cannot do something—creating a skewed view of police by some of the public, and of the public by some of the police. - 40 Last Night, First Right
Recomendaciones relacionadas (1)
R7: Residents should take advantage of community outreach programs provided by police departments, including ride-alongs, neighborhood watch programs, and jail tours. These provide opportunities to get to know how police work in non-emergency situations and can foster a positive rapport that will facilitate mutual trust between the public and law enforcement.
Hallazgos & Recomendaciones 13 hallazgos
F1: The Grand Jury received verification of compliance of AB 1234 from these agencies: • Santa Cruz County: Davenport Sanitation District, Freedom Sanitation District, Graham Hill Rd. County Service Area, Pajaro Storm Drain Maintenance District, County Flood Control & Water Conservation District, County Sanitation District, Solid Waste Disposal District, County Service Area Manager • Cities: Santa Cruz, Scott Valley, Capitola, Watsonville • Water Districts: Scotts Valley, Soquel Creek, San Lorenzo Valley, Pajaro Valley • Fire Protection Districts: Central, Pajaro Valley, Zayante, Aptos/La Selva, Ben Lomond, Scotts Valley, Boulder Creek, Felton • Salsipuedes Sanitary District • Pajaro Valley Cemetery District
F2: The County Administrative Office reported to the County Board of Supervisors outlining requirements of AB 1234, who then directed all county department heads to comply.
F3: All county employees are subject to the provisions of Government Code Section 1126, et seq., Santa Cruz County Code Section 3.40 and Section 173 of the County Personnel Rules and Regulations regarding incompatible activities.
F4: The County Board of Supervisors directed the Personnel Department to maintain records of training completed by officials.
F5: Special district agencies learned of ethics training requirements from counsel, district associations and financial auditors.
F6: Seven agencies provided their written ethics policies.
F7: Most county officials opted to take the ethics course online.
F8: At least four special district agencies had staff who took an online ethics course.
F9: Three agencies staff received training from their independent auditors.
F10: Five identified legal counsel as providing training.
F11: District Association meetings provided training classes to at least eight agencies.
F12: Two agencies reported the training was helpful and informative.
F13: One agency commented that state officials would benefit from this training. Conclusion The agencies in Santa Cruz County are complying with AB 1234 by participating in ethics training and developing policies to comply. Commendation The Santa Cruz County Grand Jury thanks all county agencies for responding to our survey and complying with AB 1234. “The government is merely a servant — merely a temporary servant; it cannot be its prerogative to determine what is right and what is wrong, and decide who is a patriot and who isn't. Its function is to obey orders, not originate them.” — Mark Twain Sources • Responses to Grand Jury questionnaire by 26 county agencies • Web sites: o Institute for Global Ethics http://www.globalethics.org/about/faq.htm o California State Senate http://info.sen.ca.gov/pub/05-06/bill/asm/ab_1201- 1250/ab_1234_bill_20051007_chapterd.html o Office of the Attorney General http://caag.state.ca.us/ethics/ o OnLine AB 1234 Ethics Training http://localethics.fppc.ca.gov/ab1234/ o California Special Districts Association http://www.csda.net/ o Institute for Local Government http://www.ca-ilg.org/trust/ o League of California Cities http://www.cacities.org/resource_files/25287.ELR2007.pdf This page intentionally left blank.

* 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.