Shasta County Grand Jury
2020-2021
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Findings & Recommendations
14 findings
F1:
The DA's office caseload is large and the lack of Shasta County The District Attorney concurs with this finding. more financial resources is resulting in a loss of experi- District Attorney enced attorneys and increased difficulty in hiring qualified replacements.
F2:
AB109 and Props 47, 57, and SB1437 have caused Shasta County The District Attorney concurs with this finding. major workload increases in the DA's office resulting in District Attorney burn-out and difficulty in hiring new attorneys.
F3:
Rural Shasta County is not competitive with wages Shasta County The District Attorney concurs with this finding. in the private sector or some other counties, leading to District Attorney difficulty in hiring new attorneys.
F4:
In the past, the DA's office relied on state and federal Shasta County The District Attorney concurs with this finding. grants to fund some of their needs but many grants have District Attorney been discontinued or have restrictions that hinder the functioning of the DA.'s office.
F5:
People committing misdemeanors and nonviolent Shasta County The District Attorney concurs with this finding. crimes are now booked and released within hours be- District Attorney cause of the lack of jail space. This impedes the DA's ability to prosecute because many offenders do not show up for their court hearing/arraignment and may continue to commit additional crimes.
F6:
Plea Bargaining is used in approximately 90% of the Shasta County The District Attorney concurs with this finding. cases which saves time, court costs and court space. District Attorney
F7:
Some prosecutors respond 24/7 to evaluate major Shasta County The District Attorney concurs with this finding. crimes, which can cause burn-out. District Attorney
F8:
The DA's office has done an outstanding job of keep- Shasta County The District Attorney appreciates this observation by ing morale high in spite of limited resources. District Attorney the grand jury. The high level of morale in the office is a testament to the office’s excellent staff, who daily work hard to ensure justice is done.
F9:
Inmates have the opportunity, while incarcerated, to Shasta County The Sheriff’s Office agrees with this finding as in- further their education. Sheriff mates have access to education programming to earn their high school diploma and work toward earning an associate degree via the Step-up Pro- gram.
F10:
The jail is understaffed leading to excessive over- Shasta County The Shasta County Sheriff’s Office disagrees par- time and low morale. Sheriff tially with the finding. While it is widely agreed that the jail is understaffed and employees have worked excessive overtime, the jail administration has worked with employee groups to implement changes with the overall goal to enhance workplace satisfaction. Those changes have been received well and include a stronger jail training program. Morale has noticeably improved in the recent months and our personnel shortages have been waning.
F11:
The Correctional Officers are underpaid based on Shasta County The Shasta County Sheriff’s Office disagrees par- state employment data. The lack of sufficient pay leads Sheriff tially with the finding in that the Grand Jury does not to issues with recruitment and retention of correctional cite their source information for the state employ- officers and exacerbates overtime. ment data and how Shasta County compares. In addition, it is unclear whether factors such as size of the County, cost of living, or other factors affecting the level of compensation were considered. “…are underpaid based on state employment data…” the report does not provide comparative data supporting this statement. While compensation is one factor in recruitment and retention, there are many other fac- 32 tors. The Board of Supervisors did recently negoti- ate compensatory raise package, which is competi- tive with surrounding counties. This included a $3.00 an hour stipend to most of the personnel as- signed to the jail. We believe the increase in com- pensation will assist in improving morale, retention of personnel, and recruiting new employees.
F12:
The Correctional Officers training and continuing Shasta County The Sheriff’s Office agrees with this finding and will education are above the STC requirements. Sheriff continue working to ensure personnel assigned to the correctional facility receive adequate training that complies with STC Guidelines.
F13:
Excessive use of force by Correctional Officers is Shasta County The Sheriff’s Office agrees with this finding and does not used as a form of punishment against inmates. If un- Sheriff not condone the use-of-force as a form of punitive authorized excessive force is used, jail staff are disci- action. Use-of-force by correctional officers are re- plined and held accountable. viewed and evaluated to determine whether the use was consistent with Jail’s policies and procedures.
F15:
Although the deadline was September 30, 2019 for Shasta County The Board of Supervisors disagrees partially with CGL to issue a final report on Jail Operations to the BOS, Board of Supervi- this finding in that it is premised on the statement this Grand Jury has found no evidence of a final report sors that there was a deadline to issue a final report on being submitted to the BOS. “Jail Operations to the BOS [Board of Supervisors]” by September 30, 2019. The agreement did not re- quire CGL Companies, LLC (CGL) to provide a final report to the Board of Supervisors by September 30, 2019. Rather, the agreement provided that CGL was to provide the final report to the “County.” In accordance with the agreement, the final report was provided to the County via County Administrative Of- fice Staff on August 16, 2019. Prior to that report being received by the County, CGL made a presen- tation to the Board of Supervisors at its meeting on August 13, 2019. The County was advised by CGL that the only change to the report delivered to the county on August 16, 2019, was to remove the word “draft” from the report. In addition, Supervisor Moty, as the Board of Supervisors’ designated liaison to 37 CGL during the preparation of CGL’s report, re- ceived a copy of the final version of the report on August 19, 2019.
Additional Recommendations
15
Not linked to specific findings.
R1:
No recommendation is given for F1. It has long been recognized that additional re- sources were needed to address the challenges faced by the DA’s office. Measure A was placed on to the March 2020 ballot in the hopes that voters would approve additional funding for public safety agencies. Measure A did not pass, and the lack of funding remains. Continued changes in the law along with new challenges created by the COVID-19 27 pandemic will likely worsen the financial situation. Several clerical support staff positions were added in the FY 2020/2021 budget. While these new posi- tions will help, further attorney and investigator po- sitions are needed to most efficiently address the challenges we face.
R2:
By November 1, 2020, the DA's office will develop a Shasta County The District Attorney recognizes that the prosecu- program to recognize the prosecutors, acknowledging District Attorney tors in this office are extremely hard working and that they are appreciated. dedicated to their important work in serving the citi- zens of Shasta County. The DA seeks to notice and recognize (both publicly and privately) the excellent work of the DA team. Additionally, the DA’s office has already taken steps toward implementing a for- mal system of recognition for those employees most worthy of recognition.
R3:
By November 1, 2020, the DA's office will develop a Shasta County Over the last several hiring cycles, the District Attor- recruitment program that emphasizes the quality of life in District Attorney ney has attempted to broaden recruitment efforts by Shasta County. drafting a new recruitment flier and exploring placing the job posting in new forums. We will continue to look to creatively recruit and retain the best talent possible. During the hiring process, the majority of candidates tell us that they will be taking a pay cut if they decide to work in our office. Also, several at- torneys who have left our office have indicated that they are able to make more money in civil firms while working fewer hours. Finally, during our recent or- ganizational health survey it was raised by current deputy district attorneys the issue that they feel un- derpaid especially given the long hours they work to manage their large caseloads. The District Attorney believes that an increase to salary for deputy district attorneys would go far toward increasing both the quality and quantity of job applicants. A pay in- crease would also help to retain the quality prosecu- tors already working in the office.
R4:
The DA's office will continue to be on the look-out Shasta County Grants can be a useful tool to supplement existing and apply for any new grants that might help with the District Attorney programs or implement new ones. The DA’s office budget shortfall. will continue to research and apply for those grants that would best assist us in achieving our mission. We will also seek training opportunities for staff in the areas of grant research and application.
R5:
By November 1, 2020, the DA's office will negotiate Shasta County The Chronic Offender Accountability Program has to increase the allocation of beds in the Chronic Offender District Attorney been a useful tool to hold accountable those criminal Program (COP) from 9 beds to at least 15 beds. The defendants most responsible for draining law en- increase in the number of beds for COP will emphasize forcement resources. We will continue to work with accountability to repeat offenders. our law enforcement partners in the program to iden- tify more chronic offenders and dedicate additional resources towards holding them accountable. Re- taining offenders in custody will likely be an increas- ingly difficult goal as the impacts of the COVID-19 pandemic have resulted in sentenced state prison 28 inmates remaining in local custody as state prisons are not receiving new inmates.
R6:
The DA's office will continue to bargain for rehabili- Shasta County In each case we prosecute, the goal of the DA’s of- tation programs and/or community service as a viable District Attorney fice is to achieve a just result. Often, this just result sentencing option. can be achieved in ways other than simply incarcer- ation. We will continue to evaluate every case and defendant on an individual basis, making efforts of rehabilitative programs as appropriate.
R7:
By November 1, 2020, the DA's office will encourage Shasta County The physical and mental well-being of all staff mem- first responders who are involved in major violent cases District Attorney bers is of the utmost importance to the District Attor- to make at least one visit to a trauma therapist. ney. We will look to implement this recommenda- tion, as well as any other options that would promote the health of our dedicated prosecutors. We are working on creating a peer support program to help prosecutors deal with the trauma and stress inherent in their jobs. Additionally, we have taken active steps to promote a positive working environment through a team oriented atmosphere and frequent opportunities for staff social events. Shasta County District Attorney – “Fighting the Good Fight” THE 2019-2020 SHASTA COUNTY GRAND JURY REQUIRED RESPONSES FOUND AND/OR RECOMMENDED: RESPONDENT
R8:
All future studies/reports commissioned by the BOS, Shasta County The recommendation will not be implemented be- utilizing taxpayer funds, shall be made more easily avail- Board of Supervi- cause it is not warranted. Studies and reports com- able to the public on the BOS website within five days of sors missioned by the Board of Supervisors are already the receipt by the board. This can be accomplished by made available to the public in the online agenda setting up a Reports link that contains just commissioned packet on the Board of Supervisors Meetings and reports without a user having to traverse a multi-layered Agendas webpage. This webpage displays materi- and cumbersome website to locate them. als in an organized manner and allows users to con- duct searches by keyword or date. The online 39 agenda packet also provides important context for studies and reports, such as the accompanying staff report and contact information for the appropriate County staff.
R9:
By December 31, 2020 the Board of Supervisors will Shasta County The recommendation will not be implemented be- ensure that the finalized copy of the CGL Report is re- Board of Supervi- cause it is not warranted in that the County of Shasta ceived and made available to the citizens of Shasta sors received the final CGL report on August 16, 2019 County. pursuant to the terms of the agreement. The Board of Supervisors heard a presentation from CGL re- garding the report at its meeting on August 13, 2019, and the final report received by the County on Au- gust 16, 2019 was to remove “draft” from the report. The final report has been and is available as a public document and there is a link to the document on the County’s home page at: https://www.co.shasta.ca- .us/index.aspx.
R10:
By December 31, 2020 the Board of Supervisors Shasta County The recommendation has been implemented. The will follow through with their request of August 13, 2019 Sheriff Sheriff has taken steps to implement recommenda- to have the Sheriff present to them an implementation tions contained in the CGL report where warranted plan that encompasses the recommendations of the CGL and feasible. In addition, the Sheriff will make a report. presentation to the Board of Supervisors regarding 34 those measures that have been implemented and- future plans for improvements in jail operations on September 15, 2020. Shasta County Adult Detention Facility Inspection – “It’s A Jail” THE 2019-2020 SHASTA COUNTY GRAND JURY REQUIRED RESPONSES FOUND AND/OR RECOMMENDED: RESPONDENT
R11:
The BOS shall identify other agencies and identify Shasta County The recommendation will not be implemented be- funding sources, such as grants, to further assist the at- Board of Supervi- cause it is not warranted or is not reasonable. risk community to maintain defensible space for their res- sors The Board is not aware of grant funding sources idences. available for private property owners for defensible space. There are several state, federal, tribal, and non-profit entities that may provide grant funding op- portunities; however, the Board of Supervisors does not endorse, track, or otherwise participate in pri- vate party’s grant funding. Private property owners are responsible for defensible space and the fund- ing source. Private property owners in communities should engage with their local Fire Safe Council to better understand grant opportunities and commu- nity fire issues.
R12:
Beginning fiscal year 2021, the Shasta County Fire Shasta County The recommendation will be not implemented be- Department. shall look into training and utilizing off-sea- Fire Department cause it is not warranted or is not reasonable. son volunteer fire department personnel for the purpose The responsibility for defensible space enforcement of Defensible Space Ordinance Enforcement Inspector fall under CAL FIRE jurisdiction for the unincorpo- activities. This can be funded through existing grants. rated areas of Shasta County. CAL FIRE SHU cur- rently employs seasonal Defensible Space Inspec- 48 tors annually. SCFD does not have off-season vol- unteer fire department personnel. All SCFD profes- sional and volunteer fire department staff are uti- lized year around for the jurisdictional responsibility of improvement fires, traffic collisions, hazardous materials incidents and medical emergencies.
R13:
By November 1, 2020, the BOS shall consider Shasta County The recommendation will not be implemented be- amending their October 22, 2019, Defensible Space Or- Board of Supervi- cause it is not warranted or is not reasonable. Staff dinance to provide more compliance incentives through sors will analyze compliance of the Defensible Space Or- steeper fines, faster legal action, and property liens, dinance and should an amendment be deemed nec- which will be addressed and assessed in a timely man- essary, staff will present an amendment to the ner. Board of Supervisors for consideration.
R14:
By December 31, 2020, the SCFD shall prepare Shasta County The recommendation will be partially instituted. and initiate a comprehensive public education process to Fire Department CAL FIRE SHU currently provides an extensive increase awareness of fire prevention, defensible space public awareness program for fire prevention, de- and fire fuel management. The BOS shall make the pub- fensible space and fire furl management through lic aware of the positive effects of the Defensible Space their Fire Prevention office as well as the CAL FIRE Ordinance. The BOS can utilize social media platforms, Communications office. mass media and their existing website to accomplish this In October 2019, the Shasta County Board of Su- task. pervisors passed a Defensible Space Ordinance that furthers Public Resource Code 4291 by requir- ing clearance on vacant parcels under 5 acres as well as extending protections around structures to include neighboring land owners. The enforcement of this new ordinance is accomplished through the cooperative agreement with CAL FIRE SHU and their Defensible Space Inspectors. SCFD will begin reporting the statistics and overall effectiveness of the Shasta County Defensible Space Ordinance in the SCFD Annual Report. The SCFD will defer all decisions to report through social media platforms to the Shasta County Board of Su- pervisors. Fire Fuel Management – “The Summer of Fire” THE 2019-2020 SHASTA COUNTY GRAND JURY REQUIRED RESPONSES FOUND AND/OR RECOMMENDED: RESPONDENT
R15:
Beginning with the 2021 Spring Quarter and one Shasta County The recommendation will not be implemented be- week each year for ten years thereafter, in order to ease Board of Supervi- cause it is not warranted or is not reasonable. costs to private land owners, the City Councils of Red- sors Defensible space waste material (i.e.: green waste) ding, Anderson and Shasta Lake City, along with the does not belong in landfills. It belongs in cogenera- Shasta County Board of Supervisors, shall implement an tion facilities, which the County does not own or op- “Amnesty Day” plan to permit ‘no-or-low cost’ dumping of erate. California State Law, SB 1383 (Health & defensible space waste materials at each landfill located Safety Code section 39730.6) requires a 50 percent within each entity’s jurisdiction. reduction in organic waste disposal from 2014 levels by 2020, and a 75 percent reduction by 2025. In 46 addition, CalRecycle has proposed regulations im- plementing SB 1383 designed to reduce the dis- posal of green waste in landfills. The emphasis is on the recycling of such materials, instead of dispos- ing of them in a landfill. As an example of a successful program, the com- munity of Shingletown reportedly operates a dis- posal event at the Shingletown Transfer Station twice a month. Also reportedly, the cost of the haul allows the operation to financially break even. Fire Fuel Management – “The Summer of Fire” THE 2019-2020 SHASTA COUNTY GRAND JURY REQUIRED RESPONSES FOUND AND/OR RECOMMENDED: RESPONDENT
Findings & Recommendations
16 findings
F1:
Fire fuel management for the prevention of wildfires in Shasta County has vegetation treatment and pile burning. The project is designed to protect Happy not been a top priority for far too long, due to lack of funding, and limited man- Valley, Redding, Anderson and Igo. power leading to a higher risk for the well-being of Shasta County. On the heels of the Carr Fire, California enacted Senate Bill 901 (SB901) in
F2:
Fire Fuel management is an ongoing process that requires maintenance of September of 2018. The bill requires utilities to prepare wildfire mitigation previously completed projects so regrowth remains manageable. measures, by January 2020, where over- head power lines are located in high risk wildfire areas. The City of Redding and Redding Electrical Utility (REU)
F3:
Shasta County Fire Department is unable to thoroughly identify defen- reacted by setting aside 8 million dollars, over the next four years, for the Fire sible space and fire fuel management infractions due to understaffing. Absentee Fuel Management work. Details of the initiative can be found in REU’s 2019 landowners and non-complying landowners stretch the limited law enforce- Wildfire Mitigation Plan, which was adopted by the Redding City Council on ment officers’ resources. December 3, 2019.
F4:
A structure in the Wildland Urban Interface (WUI) has an improved chance In 2018, the City of Anderson enacted Ordinance 2018-01, Exterior Hazard of withstanding, or not igniting a wildfire when defensible space requirements Abatement Program, which addresses the minimum abatement standards. The are practiced. ordinance deals mostly with a 100-foot defensible space and fire fuel manage- ment on private property and demanding similar requirements as described
F5:
There are elderly, disabled and other at-risk people living in the WUI who above in the defensible space narrative. Additionally, five acre and larger prop- need physical or financial assistance to achieve a proper defensible space and erties are required to have a series of fire breaks at designated locations, 15 decrease their personal risk as well as risk to their neighbors. to 60 feet in width, disked or kept mowed at a height of three inches or less. Anderson has coined itself a “Fire-wise Community”, and is actively making
F6:
Voting machine results are accurate because of the initial program checks, many data checks against known results, the security provided, and the mul- R5. The Shasta County Elections Office shall continue monitoring DMV voter tiple tabulations of votes on isolated servers which includes a random hand registration until the types of errors experienced to date are eliminated. DMV count. registrations thereafter shall be vetted as are all other voter registrations.
F7:
Polling operations and tabulation of election data are efficient and accurate R6. The Shasta County Elections Office shall assure that all efforts to maintain partly because of the detailed training required and provided by the Shasta completely accurate election results continue. County Elections Department.
F8:
Due to the extensive checking that is done, there are no known massive or its current level. pervasive voting irregularities in Shasta County. While fraudulent/extra votes are theoretically possible, they are few and have not caused problems or raised R8. The Shasta County Elections Office shall continue to monitor and be alert questions in any final tabulations. for current and newly created types of voter fraud.
F9:
The entire vote tabulation process has been made very efficient by the per- R9. The Shasta County Elections Office shall continue to be proactive in fore- sonnel in the Elections Office due to their job dedication and a proactive ap- seeing and solving problems in the voting and voting tabulation processes. proach to continual improvement.
F10:
Errors in ballot measure titles and/or summaries, such as occurred with presented to the voters are absolutely correct. Measure A in the November 2019 election, can mislead voters, causing some to not vote the way they intend. REQUIRED RESPONSES
F11:
CAL FIRE – Returning home after a Wildfire – Pamphlet DEFENSIBLE SPACE (DS): The buffer created between a building and the 12. SCFD/CDF/Shasta County Sheriff’s Office - Shasta County Wildfire grass, trees, shrubs or any wildland area that surrounds it. Evacuation Plan – Shingletown
F12:
The Correctional Officers training and continuing education are above the STC requirements. Grand Jury Report -23- July 1, 2020
F13:
Excessive use of force by Correctional Officers is not used as a form of • Shasta County Board of Supervisors: F1, F4, F10, F11, F15 and R1, punishment against inmates. If unauthorized excessive force is used, jail staff R3, R5, R6, R8, R9, R10 are disciplined and held accountable. From the following elected county officer (within 60 days) • Shasta County Sheriff: F1 through F13 and R1 through R5, R7, R10
F14:
Due to a cumbersome website platform, the CGL Report was not readily available to the public leading to an appearance of lack of transparency sur- GLOSSARY rounding the status of the jail facility. California Assembly Bill 109 (AB109)- Enacted in 2011, Realignment AB
F15:
Although the deadline was September 30, 2019 for CGL to issue a final 109 transfers responsibility for supervising certain kinds of felony offenders report on Jail Op- erations to the BOS, this Grand Jury has found no evidence and state prison parolees from state prisons and state parole agents to county of a final report being submit- ted to the BOS. jails and probation officers. Crime statues amended by realignment are classi- fied as non-serious, non-violent and non-sex related.
F16:
Although the deadline was September 30, 2019 for the Sheriff’s Office to present the BOS with a plan for implementation of the recommendations set California Proposition 47- forth in the CGL report, none could be located. Proposition 47 implemented three broad changes to felony sentencing laws. First, it reclassified certain theft and drug possession offenses from felonies to
Additional Recommendations
13
Not linked to specific findings.
R1:
The Shasta County Elections Office and poll workers shall continue to sponses as follows: From the following governing body within 60 days: maintain diligence through every avenue available to them to prevent a non- • The Shasta County Clerk and Registrar of Voters (F1 through F10, citizen or ineligible citizen from registering to vote or from voting in an elec- R1 through R10) tion. Reports issued by the Grand Jury do not identify individuals interviewed.
R2:
By October 31, 2019, the SHASCOM Board Shasta County The recommendation will be partially imple- will instruct the SHASCOM Director to prepare a SHASCOM mented. The current director will be retiring in R10. By January 31, 2020, the SHASCOM Board will Shasta County The recommendation will not be implemented comprehensive recruitment plan that analyzes September, but the full recommendation will instruct the SHASCOM Director to plan the imple- SHASCOM as it is not warranted. Such wide scale testing appropriate targets and details the timing and be implemented within six months of the ap- mentation of an annual performance test of is disruptive to the Agency, which received methods of recruitment. pointment of a new SHASCOM director. CodeRED with a subsequent report to the Board on 1,200 additional 9-1-1 calls during the 2 hours the system's effectiveness within 60 days of the test. of the last system test. It can also, have 'the
R3:
Beginning January 31, 2020, the SHASCOM Shasta County The recommendation will be implemented by January unintended result of numbing the public to fu- Board will require the SHASCOM Director to pro- SHASCOM 31, 2020. ture emergency notifications. vide quarterly reports on recruitment efforts and outcomes, based on the comprehensive recruit- R11. By January 31, 2020, the SHASCOM Board will Shasta County The recommendation will not be implemented ment plan. instruct the SHASCOM, Director to appoint a staff SHASCOM as it is unwarranted. With nearly 150,000 regis- member of SHASCOM to improve the CodeRED tered contacts, we feel the system is properly registry website and expand public registration, in- and adequately cluding persons with special access and functional utilized. needs. SHASCOM: 9-1-1 What’s Your Emergency?
R4:
By January 31, 2020, the SHASCOM Board will Shasta County The recommendation will not be implemented require the SHASCOM Director to have prepared SH2A5S COM as it is not warranted at this and initiated the Request for Proposal (RFP) pro- time. The Board will reevaluate the recommen- cess for hiring the management consultant. dation at a future date after allowing time for other Grand Jury recommen- SHASCOM: 9-1-1 What’s Your Emergency? dations to be completed and R12. By May 31, 2020, the SHASCOM Board will Sh 2 a 6 st a County The recommendation will not be implemented r esults evaluated. establish an operational, standing Advisory Board, SHASCOM as it is unwarranted.
R5:
By November 30, 2019, the SHASCOM Board Shasta County The recommendation was already met when a composed of community volunteers as outlined in will require the SHASCOM Director to present a SHASCOM training timeline was agreed to between the this report. timeline for achieving compliance with accreditation Agency and POST at the January 14, 2019 certification of the dispatch center, either though Board meeting. A staff report will be presented POST or an alternate accreditation organization. to the Board prior to the recommended date to codify the timeline and agreement with POST. Reports issued by the Grand Jury do not identify individuals interviewed. Penal Code Section 929 requires
R6:
By November 30, 2019, The SHASCOM Board Shasta County The recommendation will be implemented by that reports of the Grand Jury not contain the name of any person or facts leading to the identity of any will require that each employee's annual evaluation SHASCOM November 30, 2019. person who provides information to the Grand Jury. include continuing education requirements and pro- vide a reasonable timeframe to complete the train- ing. Released: October 11, 2019 GRr7a. Bnyd N ovJeumrbyer 3R0, e20p1o9, rthte S H A S CO M Bo a rd S ha st a C o un ty T h e re co m m e nd a tio n w ill n ot b e im p le m en te d -9- July 1, 2020 will instruct the SHASCOM Director to conduct an SHASCOM by November 30, 2019 due to the current direc- in-house audit on the effectiveness of the training tor's retirement. The Board will instruct the new program and report the results to the Board by Jan- director to comply with the recommendation by uary 31, 2020. January 31, 2020.
R7:
The Shasta County Elections Office shall continue its training program at
R8:
Beginning at the September 2019 SHASCOM Shasta County The recommendation will be implemented at Board meeting, and at each bi-monthly meeting SHASCOM the September 2019 Board meeting. thereafter, the Board will require written updates on the performance of the CAD until all issues are re- solved to the satisfaction of participating Agencies.
R9:
By January 31, 2020, SHASCOM Board will in- Shasta County The recommendation will be implemented by struct the SHASCOM Director to present a project SHASCOM January 31, 2020. plan for incorporating information on people with ac- cess and function al needs into the CAD database.
R10:
By January 31, 2020, the SHASCOM Board will Shasta County The recommendation will not be implemented instruct the SHASCOM Director to plan the imple- SHASCOM as it is not warranted. Such wide scale testing mentation of an annual performance test of is disruptive to the Agency, which received CodeRED with a subsequent report to the Board on 1,200 additional 9-1-1 calls during the 2 hours the system's effectiveness within 60 days of the test. of the last system test. It can also, have 'the unintended result of numbing the public to fu- ture emergency notifications.
R11:
By January 31, 2020, the SHASCOM Board will Shasta County The recommendation will not be implemented instruct the SHASCOM, Director to appoint a staff SHASCOM as it is unwarranted. With nearly 150,000 regis- member of SHASCOM to improve the CodeRED tered contacts, we feel the system is properly registry website and expand public registration, in- and adequately cluding persons with special access and functional utilized. needs. Released: October 11, 2019 27 AN INVESTIGATION OF THE ELECTION PROCESS IN SHASTA COUNTY - YOUR VOTE COUNTS! SUMMARY dress, United States Postal Service (USPS) change of address, Social Security It was the consensus of the 2019-2020 Shasta County Grand Jury that the citi- Administration data, the Superior Court and the Public Health Department. A zens of Shasta County would like reassurance that the voting processes in this registered voter dying outside the county might not be reported right away. county are above reproach. After extensive investigation, several interviews, and personal observation of election day activities, this Shasta County Grand E. The Shasta County Department of Elections/County Clerk actively encour- Jury has determined that the voting processes in our county result in accurate ages eligible citizens to register to vote. Information of all kinds is available tallies; that the security and other safeguards that are in place maintain and in many places, as well as help through their county office. There is a program assure the accuracy of the system; and the resolve of the employees and the available to the high schools informing the students of the importance of voting volunteers not only keep the system running smoothly but provide a proactive and about the registration process. They are actually allowed to pre- register as environment to continually improve the system when possible. they approach voting age. BACKGROUND F. The Shasta County Elections Office (elections office) explained the many Among the most important rights that we, as citizens, have is the right to vote. problems they en- countered with the new DMV voter registration process that Having the right to vote and exercising it properly is fundamental in deter- began in April 2018. The DMV encouraged a great many of their customers to mining how our government operates, who operates it on our behalf, how our register to vote, often without explaining eligibility/citizenship requirements. taxpayer dollars are spent, and how the government affects and determines our Additionally, many incomplete forms were submitted by the DMV to the elec- desired way of life. Accordingly, it is important that elections be conducted in tions office. These problems were addressed by election offices throughout the accordance with the law, free of voter fraud or other unlawful actions that could state, and ineligible people were removed from the rolls. The forms provided prevent an election from producing accurate results. Voter fraud could change by the DMV have become more consistently correct and complete. Most prob- the legitimate outcome of the citizens’ majority vote. Many of the methods lems with DMV provided voter registrations were corrected before the June that can stop fraudulent voting are simple and logical, but often they are not 2019 election. implemented. Voter fraud can affect the decisions of elected officials at all levels. People in a G. Voting machines are programmed, checked before each election, and kept position to prosecute those involved often hesitated or refused to do so because secure. They are transported to the polling places typically a day or so ahead of of the adverse effects on them- selves or other people, political goals, budget the election. allocations, and long range plans. Little of this is seen today. And, as both the voting process and the safeguards in place become modernized and gradually H. Voting machine secure digital memory (SD-memory) cards are secure at require less reliance on the physical paper ballot for the tally, vote accuracy has all times. Tallies from the polling place are done on an isolated server. Poll data greatly improved and the possibility of external intervention has been greatly (SD-memory cards, ballots, etc.) is carefully documented, counted and logged reduced. (several times), and always in the possession of at least two people. Ballot count and voter count must match. Types of voter fraud include: • A non-citizen registering to vote (and subsequently doing so) I. The Help Americans to Vote Act (HAVA) regulations are sometimes cum- • An individual voting by using someone else’s name bersome, but do not hinder the process. HAVA requirements and the Building • An individual registering to vote more than once using different names, Code for the polling places are often as restrictive as the Americans with Dis- addresses, precincts and/or birthdates abilities Act (ADA) regulations for people with disabilities. • Voting machine fraud or hacking Alleged voter registration irregularities used in the past included: J. At the election office, all election material from each precinct is closely • Politically motivated organizations registering non-citizens monitored. Counts must add up (number of voters, number of used ballots, • Registering homeless people living at a single address, then “helping number of unused ballots). All material them” fill in their ballots (then called absentee ballots) • A person obtaining a quantity of blank registration forms and literally first has its ID scanned as it arrives, then is logged in manually at each of two “going through the phone book” for names to register. different loca- tions. Voting tallies are done again on the isolated servers in a secure area at the election office. All activity, especially transporting these ma- FACTS terials, involves at least two people closely monitoring what is going on. A. Voter fraud is rare in Shasta County, and is prosecuted when discovered. K. There are two checks at the polling place to verify voter eligibility. The The Shasta County Elections Office explained the many cross-checks in place. signature log and the address log. Poll workers are not allowed to ask for iden- tification unless the voter is flagged for an ID check. This usually occurs if B. In the past, voter registration required only a verbal affirmation of citizen- there is a problem in a recent voter registration as identified by the elections ship and non-felon status. However, these requirements are now verified by office. one of several ways during the final vetting process. L. Most voting issues can be handled by the poll supervisor. Often, provi- C. Current voter registration requires proof of age and address such as would sional ballots are used. be obtained from a Department of Motor Vehicles (DMV) Driver’s License or ID card, and the last four digits of the Social Security number. M. People rarely try to fraudulently vote for someone else in Shasta County. There are many cross-checks in place. Plus, the poll volunteers, particularly in D. Shasta County, to the extent possible, validates and updates all voter reg- unincorporated areas of the county, are often from the same neighborhood and istrations and the voter database. This is done using voter input, DMV ad- know the residents. July 1, 2020 -10- Grand Jury Report N. It was noted that the salaries for employees of the County Clerk/Elections and address, each of which is checked with the current voter log. If the voter Department are below those of comparable positions in some other depart- is flagged (a rare occurrence, and usually for a new voter) the voter may be ments in the county. This has caused difficulty in obtaining new employees and asked to show their ID. For any irregularities in the above check- in process, keeping current employees. the poll supervisor is called and the problem can usually be solved by using a provisional ballot. O. Nearly 80% of voters in Shasta County vote by mail. Vote by Mail (VBM) has become popular in Shasta County, and actually state- P. The age of the average voter in Shasta County is 60½. wide as well. Currently about 80% of registered voters in Shasta County vote by mail. Voting by mail provides yet another check for election accuracy as Q. There was a significant error in the title of Measure A in the voter informa- all VBM signatures are manually checked with the signa- tures on file. This tion guide, the only local measure on the ballot for the March 2020 primary doesn’t happen when voting in person at the poll. election. Voting machine security is assured. There is virtually no way for the election METHODOLOGY results to be hacked. Each voting machine has an SD memory card for storing This Grand Jury decided to begin this investigation by finding as much infor- election results. The results from each precinct are tabulated on an isolated mation as possible about the voting process and its history in California and server at the elections office. For example, when results from a statewide elec- Shasta County specifically. It then validated, to the extent possible, the au- tion are tallied, the Shasta County precincts’ results are tabulated, and a fax thenticity of that information. There is a wealth of information available at the containing the County Clerk’s phone number is sent to the Sacramento elec- Shasta County Elections Office and their website detailing how to register and tions office. That office then calls the specified number for the county totals. vote, registration requirements, and the importance of voting. Those of this Grand Jury who went to the Elections Office on election night were very impressed with the detail of organization of the entire election pro- This Grand Jury interviewed three individuals, including people from the cess. One entire hallway wall was covered with post-it notes detailing every- County Clerk/Elections Office and one poll worker. Additionally, on the day of thing that needed to be done for the current election, due date, the person or the November 2019 election, quite a few grand jurors went (in pairs) to several group responsible, and all other pertinent information. Four feet by thirty feet polling places in the county to observe and ask about the voting processes, and of details! five grand jurors went to the elections office to observe the receipt, logging and handling of election materials from each polling place, and the tally of the The supervisors, employees and volunteers that worked election night were election results. surprisingly energetic and enthusiastic, even after working a 12 hour work day with several more hours ahead. It is obvious that everyone understood the im- DISCUSSION portance of what they were doing and were proud to be part of the end result! Based on our initial research, this Grand Jury did not expect to find any egre- Up until last year, the two people from each polling place bringing all the elec- gious irregularities in the voting process in Shasta County. However, it did go tion materials to the elections office had to stand in line outside until their in with an open mind, and with no pre- conceived expectations one way or the materials were logged in. other. The election in June 2019 was unseasonably hot, even after 8:00 in the eve- The first thing this Grand Jury investigated was the voter registration process ning. Nobody really complained, but the elections office personnel came up and the methods to ensure only eligible citizens are registered to vote. In years with the plan to have the back alley blocked off for dropping off the election past, only a verbal sworn statement of materials. Therefore, starting with the November 2019 election, nobody had to leave their car – runners logged in the materials and took them inside! Great citizenship and eligibility was required to register to vote. This is no longer the plan, and perfect timing considering the inclement weather that evening! case. We are happy to report that today a citizen can register to vote not only at the County Clerk’s office but also at the DMV year-round. In addition, registra- FINDINGS tion can be done on-line and at many tables and kiosks in shopping centers and F1. In years past, only a sworn verbal statement was required to establish citi- businesses around town as an election approaches. zenship and/or eligibility at the time of voter registration. This provided the potential of stacking votes in a given election in many different ways. In the Voter registration requires proof of name and address. A DMV Driver’s Li- modern era, use of the DMV Driver’s License or ID card, the last four digits of cense or ID is often used. The last four digits of the Social Security Num- the Social Security number, and a long list of other recognized sources of valid ber (SSN) may be requested. There is an extensive list of authorized forms of identification allows the Shasta County Department of Elections to properly identification that the Department of Elections will accept. The Department of vet all new voter registrants. Elections then vets the voter registration information to confirm and finalize the registration. F2. To assure current and accurate voter information, the voter registration re- cords are updated continually. An inactive voter will eventually be removed The voter registration database is updated continually. In many cases the voter from the active voter list, but this could take up to eight years (two presidential will provide a change of status (married name, address change, etc.). Further election cycles). information is obtained from the USPS address changes, DMV data, Social Security Administration (SSA) data, the Superior Court, and the Public Health F3. A good percentage of voter registration as well as good voter turnout is at- Department. tained in part by the Shasta County Elections Office providing the public with constant reminders (mailings, media, etc.) to register and to vote before each The Department of Elections employees and all volunteers are totally prepared upcoming election. for election day. There is required training for all personnel, with refresher tests required before each upcoming election. If somebody fails to pass the F4. Shasta County has a good record of preventing voter irregularities (fraud) refresher test, they must retake and pass the training package again before they because of the various cross-checks in place, the updates of voter information are eligible. and the diligence of the employees and volunteers involved. When the registered voter goes to the poll, the voter is asked for their name F5. The Shasta County Department of Elections indicate that the problems ini- Grand Jury Report -11- July 1, 2020 tially experienced with the DMV provided voter registrations have been essen- tially eliminated, but are still being monitored. R4. The Shasta County Elections Office should continue its current procedures of voter fraud and election irregularities prevention.
R12:
Beginning fiscal year 2021, the Shasta County Fire Department. shall LRA- Local Response Area look into training and utilizing off-season volunteer fire department personnel OES- Office of Emergency Services for the purpose of Defensible Space Ordinance Enforcement Inspector activi- REU- Redding Electric Utility ties. This can be funded through existing grants. July 1, 2020 -16- Grand Jury Report RFD- Redding Fire Department WILDLAND URBAN INTERFACE - A zone of transition between wildland SB901- California Legislature State Bill 901 (unoccupied land) and human development. SCFD- Shasta County Fire Department SFB- Shaded Fuel Break REFERENCE DOCUMENTS SLC- Shasta Lake City 1. Redding Electrical Utility 2019 Wildfire Mitigation Plan. SLCFD- Shasta Lake City Fire Department 2. Redding COMMUNITY PLANNING ASSISTANCE FOR WILDFIRE SRA- State Response Area 2019 WUI- Wildland-Urban Interface 3. Title 14 of the California Code of Regulations (14CCR), Division 1.5, Chapter 7, Sub- chapter 2, Articles 1-5. GLOSSARY 4. Public Resource Code Section 4291 (Amended 2018, Effective January 1, 2019), and Section 4291.1 CALIFORNIA ASSEMBLY BILL 109 (AB109): Established the California 5. Public Resource Code Division 4421 through 4446, Chapter 6 FIRE Public Safety Realignment Act of 2011 which allows for current non-violent, SAFETY STAND- ARDS 5/10/2017 non-serious, and non-sex offenders to be supervised at the local County level 6. Report to Shasta County Board of Supervisors, August 13, 2019, after release from prison. Ordinance for Defensi- ble Space for Fire Protection. 7. State of California, Community Wildfire Prevention and Mitigation CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA): is a Cali- Report, 2/22/2019. In response to Executive Order N-05-19, 1/9/2019. fornia statute passed in 1970 to institute a statewide policy of environmental 8. CAL FIRE – Shasta County Incidents and Responses Reports for the protection. years 2008 through 2018 9. NOTICE OF DEFENSIBLE SPACE INSPECTION FORM CALIFORNIA LEGISLATURE STATE BILL 901 (SB901): State Bill 901 10. CAL FIRE – Are you ready? Graphic Description of Defensible addresses a number of wildfire related items relating to public utilities. Space - Pamphlet 11. CAL FIRE – Returning home after a Wildfire – Pamphlet DEFENSIBLE SPACE (DS): The buffer created between a building and the 12. SCFD/CDF/Shasta County Sheriff’s Office - Shasta County Wildfire grass, trees, shrubs or any wildland area that surrounds it. Evacuation Plan – Shingletown 13. CAL FIRE – READY, SET, GO – Your Personal Wildfire Action FIRE FUEL MANAGEMENT(FFM): Hazardous fuel reduction generally Plan – Booklet requiring the re- duction of surface and ladder fuels. 14. CAL FIRE – Homeowners Checklist – How to Make Your Home Fire Safe. SHADED FUEL BREAK - Selective reduction, modification, and manage- ment fuels within des- ignated areas in order to enhance mitigation efforts in Released: July 1, 2020 the event of a wildland fire situation. SO MUCH WITH SO LITTLE BACKGROUND French Gulch is a small village not far from the end of the pavement in a can- yon along Clear Creek. French Gulch was established by French gold miners in 1849. With the creation of several large mines in the area and an influx of people, a school was established in 1854. A school building was built in 1858, the same year that a wagon road was opened between French Gulch and Weav- erville. The current school building was built in 1964. French Gulch has been threatened by fire several times in the past, the Carr Fire being the latest and most destructive. Although the town was saved, several houses up canyon were lost. The entire town was evacuated for several weeks during the fire.
R13:
By November 1, 2020, the BOS shall consider amending their October
Findings & Recommendations
16 findings
F1:
Fire fuel management for the prevention of wildfires in Shasta County has vegetation treatment and pile burning. The project is designed to protect Happy not been a top priority for far too long, due to lack of funding, and limited man- Valley, Redding, Anderson and Igo. power leading to a higher risk for the well-being of Shasta County. On the heels of the Carr Fire, California enacted Senate Bill 901 (SB901) in
F2:
Fire Fuel management is an ongoing process that requires maintenance of September of 2018. The bill requires utilities to prepare wildfire mitigation previously completed projects so regrowth remains manageable. measures, by January 2020, where over- head power lines are located in high risk wildfire areas. The City of Redding and Redding Electrical Utility (REU)
F3:
Shasta County Fire Department is unable to thoroughly identify defen- reacted by setting aside 8 million dollars, over the next four years, for the Fire sible space and fire fuel management infractions due to understaffing. Absentee Fuel Management work. Details of the initiative can be found in REU’s 2019 landowners and non-complying landowners stretch the limited law enforce- Wildfire Mitigation Plan, which was adopted by the Redding City Council on ment officers’ resources. December 3, 2019.
F4:
A structure in the Wildland Urban Interface (WUI) has an improved chance In 2018, the City of Anderson enacted Ordinance 2018-01, Exterior Hazard of withstanding, or not igniting a wildfire when defensible space requirements Abatement Program, which addresses the minimum abatement standards. The are practiced. ordinance deals mostly with a 100-foot defensible space and fire fuel manage- ment on private property and demanding similar requirements as described
F5:
There are elderly, disabled and other at-risk people living in the WUI who above in the defensible space narrative. Additionally, five acre and larger prop- need physical or financial assistance to achieve a proper defensible space and erties are required to have a series of fire breaks at designated locations, 15 decrease their personal risk as well as risk to their neighbors. to 60 feet in width, disked or kept mowed at a height of three inches or less. Anderson has coined itself a “Fire-wise Community”, and is actively making
F6:
Voting machine results are accurate because of the initial program checks, many data checks against known results, the security provided, and the mul- R5. The Shasta County Elections Office shall continue monitoring DMV voter tiple tabulations of votes on isolated servers which includes a random hand registration until the types of errors experienced to date are eliminated. DMV count. registrations thereafter shall be vetted as are all other voter registrations.
F7:
Polling operations and tabulation of election data are efficient and accurate R6. The Shasta County Elections Office shall assure that all efforts to maintain partly because of the detailed training required and provided by the Shasta completely accurate election results continue. County Elections Department.
F8:
Due to the extensive checking that is done, there are no known massive or its current level. pervasive voting irregularities in Shasta County. While fraudulent/extra votes are theoretically possible, they are few and have not caused problems or raised R8. The Shasta County Elections Office shall continue to monitor and be alert questions in any final tabulations. for current and newly created types of voter fraud.
F9:
The entire vote tabulation process has been made very efficient by the per- R9. The Shasta County Elections Office shall continue to be proactive in fore- sonnel in the Elections Office due to their job dedication and a proactive ap- seeing and solving problems in the voting and voting tabulation processes. proach to continual improvement.
F10:
Errors in ballot measure titles and/or summaries, such as occurred with presented to the voters are absolutely correct. Measure A in the November 2019 election, can mislead voters, causing some to not vote the way they intend. REQUIRED RESPONSES
F11:
CAL FIRE – Returning home after a Wildfire – Pamphlet DEFENSIBLE SPACE (DS): The buffer created between a building and the 12. SCFD/CDF/Shasta County Sheriff’s Office - Shasta County Wildfire grass, trees, shrubs or any wildland area that surrounds it. Evacuation Plan – Shingletown
F12:
The Correctional Officers training and continuing education are above the STC requirements. Grand Jury Report -23- July 1, 2020
F13:
Excessive use of force by Correctional Officers is not used as a form of • Shasta County Board of Supervisors: F1, F4, F10, F11, F15 and R1, punishment against inmates. If unauthorized excessive force is used, jail staff R3, R5, R6, R8, R9, R10 are disciplined and held accountable. From the following elected county officer (within 60 days) • Shasta County Sheriff: F1 through F13 and R1 through R5, R7, R10
F14:
Due to a cumbersome website platform, the CGL Report was not readily available to the public leading to an appearance of lack of transparency sur- GLOSSARY rounding the status of the jail facility. California Assembly Bill 109 (AB109)- Enacted in 2011, Realignment AB
F15:
Although the deadline was September 30, 2019 for CGL to issue a final 109 transfers responsibility for supervising certain kinds of felony offenders report on Jail Op- erations to the BOS, this Grand Jury has found no evidence and state prison parolees from state prisons and state parole agents to county of a final report being submit- ted to the BOS. jails and probation officers. Crime statues amended by realignment are classi- fied as non-serious, non-violent and non-sex related.
F16:
Although the deadline was September 30, 2019 for the Sheriff’s Office to present the BOS with a plan for implementation of the recommendations set California Proposition 47- forth in the CGL report, none could be located. Proposition 47 implemented three broad changes to felony sentencing laws. First, it reclassified certain theft and drug possession offenses from felonies to
Additional Recommendations
13
Not linked to specific findings.
R1:
The Shasta County Elections Office and poll workers shall continue to sponses as follows: From the following governing body within 60 days: maintain diligence through every avenue available to them to prevent a non- • The Shasta County Clerk and Registrar of Voters (F1 through F10, citizen or ineligible citizen from registering to vote or from voting in an elec- R1 through R10) tion. Reports issued by the Grand Jury do not identify individuals interviewed.
R2:
By October 31, 2019, the SHASCOM Board Shasta County The recommendation will be partially imple- will instruct the SHASCOM Director to prepare a SHASCOM mented. The current director will be retiring in R10. By January 31, 2020, the SHASCOM Board will Shasta County The recommendation will not be implemented comprehensive recruitment plan that analyzes September, but the full recommendation will instruct the SHASCOM Director to plan the imple- SHASCOM as it is not warranted. Such wide scale testing appropriate targets and details the timing and be implemented within six months of the ap- mentation of an annual performance test of is disruptive to the Agency, which received methods of recruitment. pointment of a new SHASCOM director. CodeRED with a subsequent report to the Board on 1,200 additional 9-1-1 calls during the 2 hours the system's effectiveness within 60 days of the test. of the last system test. It can also, have 'the
R3:
Beginning January 31, 2020, the SHASCOM Shasta County The recommendation will be implemented by January unintended result of numbing the public to fu- Board will require the SHASCOM Director to pro- SHASCOM 31, 2020. ture emergency notifications. vide quarterly reports on recruitment efforts and outcomes, based on the comprehensive recruit- R11. By January 31, 2020, the SHASCOM Board will Shasta County The recommendation will not be implemented ment plan. instruct the SHASCOM, Director to appoint a staff SHASCOM as it is unwarranted. With nearly 150,000 regis- member of SHASCOM to improve the CodeRED tered contacts, we feel the system is properly registry website and expand public registration, in- and adequately cluding persons with special access and functional utilized. needs. SHASCOM: 9-1-1 What’s Your Emergency?
R4:
By January 31, 2020, the SHASCOM Board will Shasta County The recommendation will not be implemented require the SHASCOM Director to have prepared SH2A5S COM as it is not warranted at this and initiated the Request for Proposal (RFP) pro- time. The Board will reevaluate the recommen- cess for hiring the management consultant. dation at a future date after allowing time for other Grand Jury recommen- SHASCOM: 9-1-1 What’s Your Emergency? dations to be completed and R12. By May 31, 2020, the SHASCOM Board will Sh 2 a 6 st a County The recommendation will not be implemented r esults evaluated. establish an operational, standing Advisory Board, SHASCOM as it is unwarranted.
R5:
By November 30, 2019, the SHASCOM Board Shasta County The recommendation was already met when a composed of community volunteers as outlined in will require the SHASCOM Director to present a SHASCOM training timeline was agreed to between the this report. timeline for achieving compliance with accreditation Agency and POST at the January 14, 2019 certification of the dispatch center, either though Board meeting. A staff report will be presented POST or an alternate accreditation organization. to the Board prior to the recommended date to codify the timeline and agreement with POST. Reports issued by the Grand Jury do not identify individuals interviewed. Penal Code Section 929 requires
R6:
By November 30, 2019, The SHASCOM Board Shasta County The recommendation will be implemented by that reports of the Grand Jury not contain the name of any person or facts leading to the identity of any will require that each employee's annual evaluation SHASCOM November 30, 2019. person who provides information to the Grand Jury. include continuing education requirements and pro- vide a reasonable timeframe to complete the train- ing. Released: October 11, 2019 GRr7a. Bnyd N ovJeumrbyer 3R0, e20p1o9, rthte S H A S CO M Bo a rd S ha st a C o un ty T h e re co m m e nd a tio n w ill n ot b e im p le m en te d -9- July 1, 2020 will instruct the SHASCOM Director to conduct an SHASCOM by November 30, 2019 due to the current direc- in-house audit on the effectiveness of the training tor's retirement. The Board will instruct the new program and report the results to the Board by Jan- director to comply with the recommendation by uary 31, 2020. January 31, 2020.
R7:
The Shasta County Elections Office shall continue its training program at
R8:
Beginning at the September 2019 SHASCOM Shasta County The recommendation will be implemented at Board meeting, and at each bi-monthly meeting SHASCOM the September 2019 Board meeting. thereafter, the Board will require written updates on the performance of the CAD until all issues are re- solved to the satisfaction of participating Agencies.
R9:
By January 31, 2020, SHASCOM Board will in- Shasta County The recommendation will be implemented by struct the SHASCOM Director to present a project SHASCOM January 31, 2020. plan for incorporating information on people with ac- cess and function al needs into the CAD database.
R10:
By January 31, 2020, the SHASCOM Board will Shasta County The recommendation will not be implemented instruct the SHASCOM Director to plan the imple- SHASCOM as it is not warranted. Such wide scale testing mentation of an annual performance test of is disruptive to the Agency, which received CodeRED with a subsequent report to the Board on 1,200 additional 9-1-1 calls during the 2 hours the system's effectiveness within 60 days of the test. of the last system test. It can also, have 'the unintended result of numbing the public to fu- ture emergency notifications.
R11:
By January 31, 2020, the SHASCOM Board will Shasta County The recommendation will not be implemented instruct the SHASCOM, Director to appoint a staff SHASCOM as it is unwarranted. With nearly 150,000 regis- member of SHASCOM to improve the CodeRED tered contacts, we feel the system is properly registry website and expand public registration, in- and adequately cluding persons with special access and functional utilized. needs. Released: October 11, 2019 27 AN INVESTIGATION OF THE ELECTION PROCESS IN SHASTA COUNTY - YOUR VOTE COUNTS! SUMMARY dress, United States Postal Service (USPS) change of address, Social Security It was the consensus of the 2019-2020 Shasta County Grand Jury that the citi- Administration data, the Superior Court and the Public Health Department. A zens of Shasta County would like reassurance that the voting processes in this registered voter dying outside the county might not be reported right away. county are above reproach. After extensive investigation, several interviews, and personal observation of election day activities, this Shasta County Grand E. The Shasta County Department of Elections/County Clerk actively encour- Jury has determined that the voting processes in our county result in accurate ages eligible citizens to register to vote. Information of all kinds is available tallies; that the security and other safeguards that are in place maintain and in many places, as well as help through their county office. There is a program assure the accuracy of the system; and the resolve of the employees and the available to the high schools informing the students of the importance of voting volunteers not only keep the system running smoothly but provide a proactive and about the registration process. They are actually allowed to pre- register as environment to continually improve the system when possible. they approach voting age. BACKGROUND F. The Shasta County Elections Office (elections office) explained the many Among the most important rights that we, as citizens, have is the right to vote. problems they en- countered with the new DMV voter registration process that Having the right to vote and exercising it properly is fundamental in deter- began in April 2018. The DMV encouraged a great many of their customers to mining how our government operates, who operates it on our behalf, how our register to vote, often without explaining eligibility/citizenship requirements. taxpayer dollars are spent, and how the government affects and determines our Additionally, many incomplete forms were submitted by the DMV to the elec- desired way of life. Accordingly, it is important that elections be conducted in tions office. These problems were addressed by election offices throughout the accordance with the law, free of voter fraud or other unlawful actions that could state, and ineligible people were removed from the rolls. The forms provided prevent an election from producing accurate results. Voter fraud could change by the DMV have become more consistently correct and complete. Most prob- the legitimate outcome of the citizens’ majority vote. Many of the methods lems with DMV provided voter registrations were corrected before the June that can stop fraudulent voting are simple and logical, but often they are not 2019 election. implemented. Voter fraud can affect the decisions of elected officials at all levels. People in a G. Voting machines are programmed, checked before each election, and kept position to prosecute those involved often hesitated or refused to do so because secure. They are transported to the polling places typically a day or so ahead of of the adverse effects on them- selves or other people, political goals, budget the election. allocations, and long range plans. Little of this is seen today. And, as both the voting process and the safeguards in place become modernized and gradually H. Voting machine secure digital memory (SD-memory) cards are secure at require less reliance on the physical paper ballot for the tally, vote accuracy has all times. Tallies from the polling place are done on an isolated server. Poll data greatly improved and the possibility of external intervention has been greatly (SD-memory cards, ballots, etc.) is carefully documented, counted and logged reduced. (several times), and always in the possession of at least two people. Ballot count and voter count must match. Types of voter fraud include: • A non-citizen registering to vote (and subsequently doing so) I. The Help Americans to Vote Act (HAVA) regulations are sometimes cum- • An individual voting by using someone else’s name bersome, but do not hinder the process. HAVA requirements and the Building • An individual registering to vote more than once using different names, Code for the polling places are often as restrictive as the Americans with Dis- addresses, precincts and/or birthdates abilities Act (ADA) regulations for people with disabilities. • Voting machine fraud or hacking Alleged voter registration irregularities used in the past included: J. At the election office, all election material from each precinct is closely • Politically motivated organizations registering non-citizens monitored. Counts must add up (number of voters, number of used ballots, • Registering homeless people living at a single address, then “helping number of unused ballots). All material them” fill in their ballots (then called absentee ballots) • A person obtaining a quantity of blank registration forms and literally first has its ID scanned as it arrives, then is logged in manually at each of two “going through the phone book” for names to register. different loca- tions. Voting tallies are done again on the isolated servers in a secure area at the election office. All activity, especially transporting these ma- FACTS terials, involves at least two people closely monitoring what is going on. A. Voter fraud is rare in Shasta County, and is prosecuted when discovered. K. There are two checks at the polling place to verify voter eligibility. The The Shasta County Elections Office explained the many cross-checks in place. signature log and the address log. Poll workers are not allowed to ask for iden- tification unless the voter is flagged for an ID check. This usually occurs if B. In the past, voter registration required only a verbal affirmation of citizen- there is a problem in a recent voter registration as identified by the elections ship and non-felon status. However, these requirements are now verified by office. one of several ways during the final vetting process. L. Most voting issues can be handled by the poll supervisor. Often, provi- C. Current voter registration requires proof of age and address such as would sional ballots are used. be obtained from a Department of Motor Vehicles (DMV) Driver’s License or ID card, and the last four digits of the Social Security number. M. People rarely try to fraudulently vote for someone else in Shasta County. There are many cross-checks in place. Plus, the poll volunteers, particularly in D. Shasta County, to the extent possible, validates and updates all voter reg- unincorporated areas of the county, are often from the same neighborhood and istrations and the voter database. This is done using voter input, DMV ad- know the residents. July 1, 2020 -10- Grand Jury Report N. It was noted that the salaries for employees of the County Clerk/Elections and address, each of which is checked with the current voter log. If the voter Department are below those of comparable positions in some other depart- is flagged (a rare occurrence, and usually for a new voter) the voter may be ments in the county. This has caused difficulty in obtaining new employees and asked to show their ID. For any irregularities in the above check- in process, keeping current employees. the poll supervisor is called and the problem can usually be solved by using a provisional ballot. O. Nearly 80% of voters in Shasta County vote by mail. Vote by Mail (VBM) has become popular in Shasta County, and actually state- P. The age of the average voter in Shasta County is 60½. wide as well. Currently about 80% of registered voters in Shasta County vote by mail. Voting by mail provides yet another check for election accuracy as Q. There was a significant error in the title of Measure A in the voter informa- all VBM signatures are manually checked with the signa- tures on file. This tion guide, the only local measure on the ballot for the March 2020 primary doesn’t happen when voting in person at the poll. election. Voting machine security is assured. There is virtually no way for the election METHODOLOGY results to be hacked. Each voting machine has an SD memory card for storing This Grand Jury decided to begin this investigation by finding as much infor- election results. The results from each precinct are tabulated on an isolated mation as possible about the voting process and its history in California and server at the elections office. For example, when results from a statewide elec- Shasta County specifically. It then validated, to the extent possible, the au- tion are tallied, the Shasta County precincts’ results are tabulated, and a fax thenticity of that information. There is a wealth of information available at the containing the County Clerk’s phone number is sent to the Sacramento elec- Shasta County Elections Office and their website detailing how to register and tions office. That office then calls the specified number for the county totals. vote, registration requirements, and the importance of voting. Those of this Grand Jury who went to the Elections Office on election night were very impressed with the detail of organization of the entire election pro- This Grand Jury interviewed three individuals, including people from the cess. One entire hallway wall was covered with post-it notes detailing every- County Clerk/Elections Office and one poll worker. Additionally, on the day of thing that needed to be done for the current election, due date, the person or the November 2019 election, quite a few grand jurors went (in pairs) to several group responsible, and all other pertinent information. Four feet by thirty feet polling places in the county to observe and ask about the voting processes, and of details! five grand jurors went to the elections office to observe the receipt, logging and handling of election materials from each polling place, and the tally of the The supervisors, employees and volunteers that worked election night were election results. surprisingly energetic and enthusiastic, even after working a 12 hour work day with several more hours ahead. It is obvious that everyone understood the im- DISCUSSION portance of what they were doing and were proud to be part of the end result! Based on our initial research, this Grand Jury did not expect to find any egre- Up until last year, the two people from each polling place bringing all the elec- gious irregularities in the voting process in Shasta County. However, it did go tion materials to the elections office had to stand in line outside until their in with an open mind, and with no pre- conceived expectations one way or the materials were logged in. other. The election in June 2019 was unseasonably hot, even after 8:00 in the eve- The first thing this Grand Jury investigated was the voter registration process ning. Nobody really complained, but the elections office personnel came up and the methods to ensure only eligible citizens are registered to vote. In years with the plan to have the back alley blocked off for dropping off the election past, only a verbal sworn statement of materials. Therefore, starting with the November 2019 election, nobody had to leave their car – runners logged in the materials and took them inside! Great citizenship and eligibility was required to register to vote. This is no longer the plan, and perfect timing considering the inclement weather that evening! case. We are happy to report that today a citizen can register to vote not only at the County Clerk’s office but also at the DMV year-round. In addition, registra- FINDINGS tion can be done on-line and at many tables and kiosks in shopping centers and F1. In years past, only a sworn verbal statement was required to establish citi- businesses around town as an election approaches. zenship and/or eligibility at the time of voter registration. This provided the potential of stacking votes in a given election in many different ways. In the Voter registration requires proof of name and address. A DMV Driver’s Li- modern era, use of the DMV Driver’s License or ID card, the last four digits of cense or ID is often used. The last four digits of the Social Security Num- the Social Security number, and a long list of other recognized sources of valid ber (SSN) may be requested. There is an extensive list of authorized forms of identification allows the Shasta County Department of Elections to properly identification that the Department of Elections will accept. The Department of vet all new voter registrants. Elections then vets the voter registration information to confirm and finalize the registration. F2. To assure current and accurate voter information, the voter registration re- cords are updated continually. An inactive voter will eventually be removed The voter registration database is updated continually. In many cases the voter from the active voter list, but this could take up to eight years (two presidential will provide a change of status (married name, address change, etc.). Further election cycles). information is obtained from the USPS address changes, DMV data, Social Security Administration (SSA) data, the Superior Court, and the Public Health F3. A good percentage of voter registration as well as good voter turnout is at- Department. tained in part by the Shasta County Elections Office providing the public with constant reminders (mailings, media, etc.) to register and to vote before each The Department of Elections employees and all volunteers are totally prepared upcoming election. for election day. There is required training for all personnel, with refresher tests required before each upcoming election. If somebody fails to pass the F4. Shasta County has a good record of preventing voter irregularities (fraud) refresher test, they must retake and pass the training package again before they because of the various cross-checks in place, the updates of voter information are eligible. and the diligence of the employees and volunteers involved. When the registered voter goes to the poll, the voter is asked for their name F5. The Shasta County Department of Elections indicate that the problems ini- Grand Jury Report -11- July 1, 2020 tially experienced with the DMV provided voter registrations have been essen- tially eliminated, but are still being monitored. R4. The Shasta County Elections Office should continue its current procedures of voter fraud and election irregularities prevention.
R12:
Beginning fiscal year 2021, the Shasta County Fire Department. shall LRA- Local Response Area look into training and utilizing off-season volunteer fire department personnel OES- Office of Emergency Services for the purpose of Defensible Space Ordinance Enforcement Inspector activi- REU- Redding Electric Utility ties. This can be funded through existing grants. July 1, 2020 -16- Grand Jury Report RFD- Redding Fire Department WILDLAND URBAN INTERFACE - A zone of transition between wildland SB901- California Legislature State Bill 901 (unoccupied land) and human development. SCFD- Shasta County Fire Department SFB- Shaded Fuel Break REFERENCE DOCUMENTS SLC- Shasta Lake City 1. Redding Electrical Utility 2019 Wildfire Mitigation Plan. SLCFD- Shasta Lake City Fire Department 2. Redding COMMUNITY PLANNING ASSISTANCE FOR WILDFIRE SRA- State Response Area 2019 WUI- Wildland-Urban Interface 3. Title 14 of the California Code of Regulations (14CCR), Division 1.5, Chapter 7, Sub- chapter 2, Articles 1-5. GLOSSARY 4. Public Resource Code Section 4291 (Amended 2018, Effective January 1, 2019), and Section 4291.1 CALIFORNIA ASSEMBLY BILL 109 (AB109): Established the California 5. Public Resource Code Division 4421 through 4446, Chapter 6 FIRE Public Safety Realignment Act of 2011 which allows for current non-violent, SAFETY STAND- ARDS 5/10/2017 non-serious, and non-sex offenders to be supervised at the local County level 6. Report to Shasta County Board of Supervisors, August 13, 2019, after release from prison. Ordinance for Defensi- ble Space for Fire Protection. 7. State of California, Community Wildfire Prevention and Mitigation CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA): is a Cali- Report, 2/22/2019. In response to Executive Order N-05-19, 1/9/2019. fornia statute passed in 1970 to institute a statewide policy of environmental 8. CAL FIRE – Shasta County Incidents and Responses Reports for the protection. years 2008 through 2018 9. NOTICE OF DEFENSIBLE SPACE INSPECTION FORM CALIFORNIA LEGISLATURE STATE BILL 901 (SB901): State Bill 901 10. CAL FIRE – Are you ready? Graphic Description of Defensible addresses a number of wildfire related items relating to public utilities. Space - Pamphlet 11. CAL FIRE – Returning home after a Wildfire – Pamphlet DEFENSIBLE SPACE (DS): The buffer created between a building and the 12. SCFD/CDF/Shasta County Sheriff’s Office - Shasta County Wildfire grass, trees, shrubs or any wildland area that surrounds it. Evacuation Plan – Shingletown 13. CAL FIRE – READY, SET, GO – Your Personal Wildfire Action FIRE FUEL MANAGEMENT(FFM): Hazardous fuel reduction generally Plan – Booklet requiring the re- duction of surface and ladder fuels. 14. CAL FIRE – Homeowners Checklist – How to Make Your Home Fire Safe. SHADED FUEL BREAK - Selective reduction, modification, and manage- ment fuels within des- ignated areas in order to enhance mitigation efforts in Released: July 1, 2020 the event of a wildland fire situation. SO MUCH WITH SO LITTLE BACKGROUND French Gulch is a small village not far from the end of the pavement in a can- yon along Clear Creek. French Gulch was established by French gold miners in 1849. With the creation of several large mines in the area and an influx of people, a school was established in 1854. A school building was built in 1858, the same year that a wagon road was opened between French Gulch and Weav- erville. The current school building was built in 1964. French Gulch has been threatened by fire several times in the past, the Carr Fire being the latest and most destructive. Although the town was saved, several houses up canyon were lost. The entire town was evacuated for several weeks during the fire.
R13:
By November 1, 2020, the BOS shall consider amending their October