Stanislaus County Grand Jury

2003-2004

13 reports

Findings & Recommendations 3 findings
F1: The City of Hughson created and adopted guidelines for the administration of the Cal-Home Owner-Occupied Rehabilitation Assistance Program.
F2: The City of Hughson guidelines for the Cal-Home Owner-Occupied Rehabilitation Assistance Program were approved by the state administrator of the program.
F3: The City of Hughson appointed a plan director and staff to administer the Cal- Home Owner-Occupied Rehabilitation Assistance Program. CONCLUSIONS The City of Hughson has taken appropriate measures to insure the correct and proper administration of the Cal-Home Owner-Occupied Rehabilitation Assistance Program pursuant to the 2002-2003 Grand Jury recommendation. 1
Findings & Recommendations 10 findings
F1: All County Zoning Ordinance violations are Nuisances per Title 2, Chapter 2.92 of the Stanislaus County Code.
F2: The properties visited were seen to contain operations, such as commercial vehicle storage or material storage, which are not permitted in agricultural areas.
F3: Procedure for code violations: a. Notice and Order to Abate are sent to property owner. The notice states how compliance can be attained and allows the owner 45 days to comply. b. If compliance is not gained, the case is sent to the Nuisance Abatement Hearing Board requesting the property be found a nuisance. 6 c. If the property is found to be a nuisance, the case is sent to the Board of Supervisors authorizing forced compliance and/or action by County Counsel. d. Upon authorization of forced compliance, there is a 19-day waiting period, followed by a bid process to start enforcement. e. Once compliance is gained, the property owner will be billed for the action taken.
F4: In January 2004, three attorneys in County Counsel’s office were deputized by the District Attorney to expedite any case requiring legal action.
F5: None of these cases were referred to court.
F6: Forced compliance does not occur without court action in “difficult cases”.
F7: Four of the eight properties submitted by the Code Enforcement Unit involving zoning violations in agricultural zones, are in various stages of enforcement. a. Four are pending. b. Four have been closed.
F8: In four of the cases, enforcement action has been on-going for up to five years.
F9: California Government Code Section 25845 provides for the County to force code compliance and take whatever action is necessary to remove the nuisance without resorting to court action. These laws also authorize the County to charge all related costs, including attorney fees, to the owner of the property in question.
Related Recommendations (3)
R1: Stanislaus County should use all means to terminate illegal uses on agriculturally zoned land. 7
R2: Stanislaus County must initiate clean-up actions, keep track of all costs and charge such costs to the property owner.
R3: Stanislaus County must place a lien on the property to collect all incurred costs, including fines, clean-up work, administrative costs and legal costs. 8
F10: Stanislaus County Code Title 21, Section 21.116.060—Enforcement—provides that the Board of Supervisors may authorize County staff to abate a nuisance and charge the cost of abatement to the owner, even if it has to become a lien on the property. CONCLUSIONS
Findings & Recommendations 6 findings
F1: Stanislaus County Animal Control Services (SCACS) a. The SCACS facility has a full time Veterinarian on staff since 1998. b. The SCACS has a computer database to track receipt, adoption, care and disposal of animals. c. SCACS performs spay and neuter services at their facility by their Veterinarian. This service is a charge to the customer when purchasing the animal. d. The cities of Modesto, Ceres, Patterson, Hughson, Waterford, Riverbank and Newman contract services with SCACS. e. Incidents were reviewed as to services provided by the animal facilities and veterinary staff at SCACS. f. Some cats had not been spayed / neutered when records noted they were. Staff at SCACS recognized that errors have occurred and action has been taken to eliminate these mistakes. g. The cases reviewed (2002-2004) showed no evidence of canines being euthanized before the waiting period. One case involved owner request for euthanasia. h. The SCACS Volunteer program has over 240 active members. i. The SCACS facility has plans to remodel its present facility (Quarantine area). j. SCACS has proposed a new facility called “Animal Village”. k. SCACS has developed programs such as Four Footed Fair and SCATE (Stanislaus Alternative to Euthanasia). l. SCACS is developing and seeking partnerships with cities, law enforcement, fire departments, animal rescue groups, humane societies, volunteers, veterinarians, educators, wildlife care centers and parks departments. m. SCACS has measured their progress and services with San Francisco Society for Prevention of Cruelty to Animals SPCA, Fresno SPCA, and also with Animal services in San Diego, Sacramento, Oakland, Merced, Ventura, San Luis Obispo and Denver, Colorado.
Related Recommendations (1)
R1: The Board of Supervisors, in coordination with the director of SCACS, should move to complete the immediate remodeling of the facility quarantine area.
F2: Oakdale Animal Control Services (OACS) a. OACS uses a local Veterinarian that provides spay/neuter service on a per animal fee basis. 14 b. OACS has a lack of operational space and minimal staff which limits education, adoption, and hours of operation.
Related Recommendations (1)
R2: The Board of Supervisors, in coordination with the director of SCACS, should begin the planning process and take action on the new facility called Animal Village.
F3: Turlock Animal Control Services (TACS) a. TACS uses a local Veterinarian located next door that provides spay/neuter service on a per animal fee basis. b. TACS has a lack of operational space and minimal staff which limits education, adoption, and hours of operation.
Related Recommendations (1)
R3: SCACS should continue to review issues relating to proper animal care and control. They should take steps to eliminate any deficiencies.
F4: General Information (SCACS, OACS, TACS) a. Rescue groups obtain animals from all three-service facilities. b. Rescue groups sell animals at pet stores and to the general public for a fee. c. Animal services are regulated by State of California Penal Code, California Code of Regulations, Food and Agriculture law, and local agency codes and operation procedures. d. Methods by which animals enter the shelters are: Captured by Animal Control Officer; surrendered by owner; surrendered by public; impounded for animal bite quarantine; transferred from another shelter. e. Euthanized disposal of animals is due to behavioral observation/history, contagious disease, feral, medical, owner request, age, pregnant, or time/space considerations. f. During non-operational hours, private emergency veterinary hospitals are used for medical care. CONCLUSIONS
Related Recommendations (1)
R4: SCACS should continue its meetings with auxiliary animal support groups to provide partnerships for the best use of resources for animals and the citizens of Stanislaus County.
F5: The City of Turlock should do a study of their animal facility and services. They should look into the possibility of contracting and/or partnering with the County of Stanislaus. The present facility needs to be studied for its ability to handle present and future growth. Staffing issues should be studied to provide staff to attend to facility needs, animal education programs, develop animal adoption center and increased time in the field.
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Related Recommendations (1)
R5: The City of Turlock should do a study of their animal facility and services. They should look into the possibility of contracting and/or partnering with the County of Stanislaus. The present facility needs to be studied for its ability to handle present and future growth. Staffing issues should be studied to provide staff to attend to facility needs, animal education programs, develop animal adoption center and increased time in the field.
F6: The City of Oakdale should do a study of their animal facility and services. They should look into the possibility of contracting and/or partnering with the County of Stanislaus. The present facility needs to be studied for its ability to handle present and future growth. Staffing issues should be studied to provide staff to attend to facility needs, animal education programs, develop animal adoption center and increased time in the field.
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Related Recommendations (1)
R6: The City of Oakdale should do a study of their animal facility and services. They should look into the possibility of contracting and/or partnering with the County of Stanislaus. The present facility needs to be studied for its ability to handle present and future growth. Staffing issues should be studied to provide staff to attend to facility needs, animal education programs, develop animal adoption center and increased time in the field.
Additional Recommendations 1

Not linked to specific findings.

R7: Stanislaus County should meet with the City of Turlock and the City of Oakdale to explore options available to partner for the betterment of animal services for Stanislaus County. 16
Findings & Recommendations 5 findings
F1: There are currently 27 staff members.
F2: The department had a complaint process but lacked tracking. CONCLUSIONS The complaint process was revised and implemented.
Related Recommendations (2)
R1: Ensure that the Complaint Procedure continues to be implemented on a continuous basis.
R2: Continue to ensure supervisory review of tracking system to ensure that complaints are being resolved. 9
F3: Reviewed the updated Complaint section (dated 11/18/03) of the Department’s Policy Manual (dated 4/15/93).
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F4: Thoroughly reviewed new complaint tracking process.
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F5: Physically inspected their facility. FINDINGS 1. There are currently 27 staff members.
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Findings & Recommendations 5 findings
F1: Environmental Protection a. Pest Exclusion—Preventing harmful insects, weeds, plant diseases and other pests from entering the County. They also certify the export of agricultural products to meet the import requirements of importing countries. b. Pest Detection—Continually survey for any harmful infestations. Recently, these have included the Glassy-Winged Sharpshooter (a $424,000 program) and Exotic New Castle (a $647,000 project). c. Pest Management—Educate the public in identification of pests thereby reducing their population and spread. 10 d. Pest Eradication—Eliminate infestations of new pests such as the Red Imported Fire Ant. e. Pesticide Use Enforcement—Oversees the application and storage of pesticides.
F2: Consumer Protection a. Fruit & Vegetable Quality Control—Ensures the quality, labeling and packaging standards for fruits and vegetables. b. Egg Enforcement—Ensures the quality and labeling standards are met pertaining to eggs. c. Nursery Regulation—Assures consumers the nursery stock is properly labeled, reasonably free of common pests and in viable condition. Recently, efforts have addressed the effects of Sudden Oak Death. d. Seed Regulation and Seed Services—Cooperates with the California Crop Improvement Association as to the certification of seed. Assures compliance with laws and regulations as to identify, purity and viability of agricultural and vegetable seed.
F3: Special Services a. Apiary Services—Certifies colony strength. b. Crop Statistics—Compiles and produces the County’s annual agricultural statistics. As the Sealer of Weights and Measures, the Department provides consumer protection in the form of:
F4: Weighmaster—Certifies the weighed, measured or counted quantity of a commodity.
F5: Metrology Lab—Tests and calibrates 1,200 wheel load weighers for the California Highway Patrol and is currently reaching out to adjoining states to provide this service. All of these duties are performed with a staff of 27 individuals under the auspices of the California Department of Food and Agriculture, the Business and Professions Code, and the Department of Pesticide Regulations under the Environment Protection Agency, with both criminal and civil regulatory authority. CONCLUSIONS The Department performs a large number of services that are unknown to the public.
Findings & Recommendations 7 findings
F1: The Taser has a maximum range of 25 feet.
F2: The Taser overrides the targets nervous system causing temporary incapacitation.
F3: The Taser is not intended to replace the use of firearms in situations warranting their use.
F4: Minor skin irritation may occur as a result of Taser use.
F5: The Taser will not cause a heart attack or damage a pacemaker.
F6: Statistics show that municipalities which have adopted Taser use have substantially lowered their incidents of officer and suspect injuries which have been caused primarily by use of pepper spray, batons, or hand to hand combat.
Related Recommendations (1)
R1: All the Police and Sheriff’s agencies within Stanislaus County should purchase and issue Tasers to all appropriate law enforcement staff. 42
F7: The cost of each Taser is approximately $800. CONCLUSIONS
Findings & Recommendations 20 findings
F1: The District Attorney is an elected official of the County.
F2: As an elected official, the District Attorney is not accountable to the Board of Supervisors or any other County official. He is accountable only to the electorate.
F3: Stanislaus County has adopted a Workplace Security and Anti-violence Policy, and a Harassment Policy. The Harassment Policy provides that it is applicable to elected officials. The Workplace Security and Anti-violence Policy states in Section I.E that it applies to employees “...or other individuals providing services or acting on behalf of the County”.
F4: If elected officials of the County violate County policies, there is little recourse available to the County, unless the violation constitutes a criminal act.
F5: The Civil Grand Jury is required by Penal Code section 919(c) “...to inquire into the willful or corrupt conduct in office of public officers of every description in the county.”
F6: Prior to being interviewed at County Counsel’s office, the District Attorney entered an employee’s office, closed the door and stated that “Somebody has talked to the CEO’s office and I’m going to find out who it is”. He subsequently stated to the employee “But you know it never happened”. On that occasion, the employee did report feeling personally threatened and fearful. 36
Related Recommendations (1)
R4: Training programs should reinforce the concept that it is the responsibility of every County employee to report acts of misconduct committed by co-workers, supervisors, department heads, managers and elected officials. It is vital that 39 training of this nature strengthen assurances that they need not fear retaliation for reporting the misdeeds of others.
F7: Prior to another employee’s meeting with County Counsel, the District Attorney approached the employee to state that he wanted to talk about “...that gun thing”. During the course of the conversation he stated that he would not do something like that, and that it didn’t happen. He subsequently stated that “I am just trying to find a rat in my office”.
Related Recommendations (1)
R4: Training programs should reinforce the concept that it is the responsibility of every County employee to report acts of misconduct committed by co-workers, supervisors, department heads, managers and elected officials. It is vital that 39 training of this nature strengthen assurances that they need not fear retaliation for reporting the misdeeds of others.
F8: The District Attorney denies that either of the two events involving weapons display, simulated or actual, occurred.
F9: Following his interview at County Counsel’s office, the District Attorney made contact with two of the witnesses after specifically being admonished by County Counsel not to do so.
Related Recommendations (1)
R1: The Stanislaus County Board of Supervisors, in a regular meeting of the Board, should recite the conclusions and recommendations contained in this Grand Jury report and publicly rebuke District Attorney James Brazelton for his actions.
F10: Section I.C of the Stanislaus County Workplace Security and Anti-violence Policy provides that “...threats of violence...by any employee, contractor, or other person performing services for the County is prohibited and will not be tolerated”.
F11: Section I.D.3 of the Policy provides that a “...Type III event usually involves a threat of violence ... by a current or former worker, supervisor or manager....”
F12: Section I.B. of the Stanislaus County Harassment Policy provides that “Harassment includes, but is not limited to speech such as epithets, derogatory comments or slurs and lewd propositioning on the basis of race, sex, religion, national origin, ancestry disability, medical condition, marital status, age or sexual orientation”.
F13: Investigators employed by the District Attorney are sworn law enforcement officers pursuant to Penal Code section 830, and are authorized to carry firearms without a concealed weapons permit. The authority of investigators to carry or use firearms is conditional upon conformance to a Firearms Policy that was promulgated, and signed, by the District Attorney. The effective date of that policy was July 22, 2003, or approximately one month prior to events at issue.
F14: Section VI.A (DISPLAY OF FIREARMS) of the Firearms Policy provides, in pertinent part, as follows: “Sworn personnel should not remove their firearm from the holster for the single purpose of display”. Section X.A (SAFETY CONSIDERATIONS) of the Firearms Policy provides as follows: “Investigators shall not unnecessarily display or handle any firearm”.
F15: Section 4 (CCW License Conditions and Restrictions) of the State of California Department of Justice Standard Application for License to Carry a Concealed 37 Weapon (CCW) states that “...the licensee shall not, when carrying a concealed weapon ... unjustifiably display a concealed weapon”.
F16: An estimated fourteen attorneys employed by the District Attorney possess active concealed weapons permits that authorize them to carry firearms. Neither the District Attorney’s office nor the Office of the Chief Executive maintains records on concealed weapons permits held by employees. At the time of the two events in which it is alleged that the District Attorney displayed a firearm, or simulated drawing and firing a firearm, the District Attorney possessed a valid permit to carry a concealed weapon. The permit has since expired.
F17: The District Attorney has not promulgated a policy or issued directives relative to the carrying of firearms by employees who are not sworn law enforcement officers. At present, it is permissible for every employee at the District Attorney’s office to carry a firearm while in the office, provided that each employee has obtained a concealed weapons permit from the Sheriff’s Department or a police department.
Related Recommendations (1)
R2: Management personnel at the District Attorney’s office, in consultation with County Counsel’s office and the Sheriff’s Department prepare a firearms policy that sets forth the following: a. A requirement that every weapon carried by non-sworn employees shall be registered with the department, and shall be identified by make, model and serial number; b. The conditions under which employees may carry firearms in the workplace; c. When and how firearms are to be stored at the workplace; d. Safety considerations; and, e. Prohibited use of firearms. Further, the Board of Supervisors should give serious consideration to applying the same policy to all County offices where employees possess concealed weapons permits.
F18: The District Attorney made comments about having missed an opportunity to strike one of the reporters with his vehicle when the reporter had walked across the street in front of him.
F19: The District Attorney’s office has not consistently trained staff on County policies.
Related Recommendations (2)
R3: Management personnel at the District Attorney’s office should, in consultation with the Office of the Chief Executive Officer, develop a training program that identifies the training needs of all employees in the Department, the frequency with which the training should be repeated, and that includes a training schedule for each employee. The training manual should address separately professional level training courses, and training on County policies and other issues of a general nature. Completion of required training should be a rating criterion for annual employee performance evaluations.
R5: Responsibility for the training program should be vested in a mid-level manager. 40
F20: The District Attorney has made jokes in the office about the incidents giving rise to County Counsel’s investigation. CONCLUSIONS
Findings & Recommendations 9 findings
F1: Stanislaus County Honor Farm. A. The Honor Farm as a compound consists of buildings that house the inmates and provide skills training and maintenance, as well as an activities yard. B. In addition to housing, the Honor Farm provides:
F2: Wood, Metal, and Machine shops to give the inmates skills, take care of facility needs, and provide toys for underprivileged children.
F3: A law library, which is available upon request to all inmates.
F4: A classroom / visitor’s center. C. The Honor Farm offers the following programs:
F5: Moral reasoning training.
F6: Anger Control Training.
F7: Custody to Campus, which helps minors work towards completing high school and taking college courses.
F8: Victim Awareness Program is an 8-12 week program that teaches juveniles about the impact of crime from the victim’s viewpoint.
F9: Boys to Men is a 10-week course intended to motivate minors into positive thinking and future planning. D. A typical 15-year-old entering the Juvenile Hall tests 2-5 years behind their grade level in math and English assessment. E. Within the facility there are between 30-35 juveniles that are taking psychotropic medication for mental disorders at any one time.
Additional Recommendations 4

Not linked to specific findings.

R1: Stanislaus County Honor Farm. A. Regularly monitor the state of land erosion beneath the facility and take appropriate action to combat it. B. The proximity of the activities yard to the public access areas allows for cigarettes and other contraband to be thrown in. Moving the yard or providing some structure such as a wall would help to stop this.
R2: Stanislaus County Juvenile Hall. A. Expand the facility to meet the needs of the County.
R3: Stanislaus County Men’s Jail. A. Communicate policies and procedures regarding Civil Grand Jury visits to supervisory staff of the Men’s Jail. B. The County should look at renovation or replacement of the facility.
R4: Stanislaus County Public Safety Center. A. The County should look into expanding the food preparation of the facility into areas not currently serviced, as a means of generating revenue. 34
Findings & Recommendations 12 findings
F1: External Certified Public Accountant representatives reported on the County’s major Federal programs; their Governmental Accounting Standards Board statement 34 auditing disclosure standards, as well as collection disbursement of County taxpayer dollars.
F2: Many County department heads, or their representatives, attended the Audit Entrance and Audit Exit conferences.
F3: Stanislaus County, whose total budget exceeds $600,000,000 annually, is a major employer with more than 4500 employees in 35 departments.
F4: The External Auditor’s report validated the Stanislaus County financial statement prepared by the Auditor/Controller.
F5: There is no central source for accounting, contracts, and employees. No one oversees the department heads approval of departmental bills and accounting for departmental income. The Auditor/Controller depends exclusively on each department’s management to report their respective expenses and receivables. 18
Related Recommendations (1)
R1: There should be one central source for tracking all of the contracts, incomes and expenses of Stanislaus County.
F6: The Internal and External Audit reports are identical in all information therein.
Related Recommendations (1)
R2: External audits should be certified as to the accuracy and originality of the audit report.
F7: The Civil Grand Jury has not been involved in the selection of the independent auditor.
F8: Staff from the internal auditor’s office reported that they do not have a budget sufficient to allow for an internal audit of any departments. CONCLUSIONS
Related Recommendations (2)
R3: Perform an internal audit of at least one department at random each year.
R4: Increase the funding and staffing to allow the Auditor to perform an internal audit. 19
F9: County’s Information Technology Strategic Plan, September 2003.
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F10: County Mid-Year reports and adjustments, mid-year 2003-2004.
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F11: Auditor/Controller’s biennial inventory and certification memo, March 2004.
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F12: County Capital Improvement Plan, March 2004. FINDINGS 1. External Certified Public Accountant representatives reported on the County’s major Federal programs; their Governmental Accounting Standards Board statement 34 auditing disclosure standards, as well as collection disbursement of County taxpayer dollars.
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Findings & Recommendations 18 findings
F1: Section 2.08.010(A) of the Stanislaus County Code states, in part, “The CEO shall act under the supervision of the board of supervisors and be subject to its direction.”
F2: The CEO’s most recent employment agreement with the County was entered into on May 6, 2002 and was valid from June 30, 2002 through June 30, 2007.
F3: Section 6.01 of that Agreement states, “Employee may terminate his obligation under this Agreement by giving County at least One Hundred Eighty (180) days notice in advance…”
F4: Section 6.04 of the May 6, 2002 Agreement also states that, “Employee may be terminated for cause under the following conditions … (3) For any material breach of this Agreement, insubordination, or gross negligence in performing his duties as included in this Agreement and set forth in Stanislaus County Code Chapter 2.08.” This revision was not found in the May 13, 1997 Agreement.
F5: The May 6, 2002 Section 6.03 states that if terminated for cause, the Employee would not receive severance pay.
F6: The CEO resigned his duties effective July 8, 2003.
F7: Following the CEO’s resignation on July 8, 2003, Stanislaus County entered into an Amendment to the earlier employment agreement on July 22, 2003. The Amendment provided for mutual promises, terms and conditions under the May 6, 2002 agreement which had terminated. The Amendment allowed him to remain as a “management employee” of the Stanislaus County until October 15, 2003 to assist their staff in specific areas.
F8: In the Amendment to the Employment Agreement, Stanislaus County agreed to pay the CEO a total of six months’ salary plus benefits.
F9: Section 2.02 of the May 6, 2002 employment agreement states, “This agreement shall not be interpreted to prohibit Employee from making personal investments or conducting private business affairs otherwise legally allowed by applicable statutes, ordinances and regulations.” 25
F10: Stanislaus County Code Section 2.08.040, last sentence, states, “The CEO shall not engage in any other business or occupation during their appointment without prior approval of the board.”
Related Recommendations (1)
R2: The Board of Supervisors must enforce all provisions of the employment contracts of employees.
F11: The CEO did not receive approval by the Stanislaus County Board of Supervisors to engage in any other business activities outside his duties.
Related Recommendations (2)
R1: The Board of Supervisors must be diligent in overseeing the activities and expenditures of the CEO. They must have in place a monitoring system whereby the activities, and especially the expenditure records, of the CEO are periodically monitored.
R2: The Board of Supervisors must enforce all provisions of the employment contracts of employees.
F12: The CEO engaged in business arrangements with DTW Energy Corporation and Stanislaus Energy Partners. These activities were a matter of public record as of 4/4/03, as presented in the CEO’s statements in the Superior Court Case # 321449.
Related Recommendations (2)
R1: The Board of Supervisors must be diligent in overseeing the activities and expenditures of the CEO. They must have in place a monitoring system whereby the activities, and especially the expenditure records, of the CEO are periodically monitored.
R2: The Board of Supervisors must enforce all provisions of the employment contracts of employees.
F13: In Paragraph 14 of July 22, 2003 Amendment to the Employment Agreement, the CEO agreed to “resign any Director, Officer or Executive position he currently holds with DTW Energy Corporation and Stanislaus Energy Partners for which he has a personal business interest…”
F14: On April 4, 2003, in Stanislaus Superior Court Case # 321449, the CEO stated in his Responsive Declaration, “I am the President of DTW Energy Corporation. … I am entitled to a Director fee of $1500 per month…”
F15: Section 2.08.030 of the County Code states in part, “The CEO is entitled to all actual and necessary budgeted expenses for conducting county business…”
F16: Section 29741 of the California Government Code requires the County Auditor to “allow or reject claims” for expenditures by County officials.
F17: The Policies and Procedures of the Stanislaus County Auditor titled “Trip Authorization, Travel and Purchasing Cards” and “A/P Claims Process” require that all claims for payment to an employee or an outside source be backed up by supporting documentation explaining and justifying the expense.
Related Recommendations (1)
R3: The County Auditor’s staff must be diligent in scrutinizing claims for credit card payments, regardless of who the payee is. They must adhere to all state and county codes as well as all policies it establishes. 27
F18: An independent audit of the CEO’s expenses, conducted in September, 2003 by the independent accounting firm, after the CEO’s employment ended, cited claims that were paid by the County Auditor without proper documentation. CONCLUSIONS
Related Recommendations (2)
R1: The Board of Supervisors must be diligent in overseeing the activities and expenditures of the CEO. They must have in place a monitoring system whereby the activities, and especially the expenditure records, of the CEO are periodically monitored.
R3: The County Auditor’s staff must be diligent in scrutinizing claims for credit card payments, regardless of who the payee is. They must adhere to all state and county codes as well as all policies it establishes. 27
Findings & Recommendations 7 findings
F1: Department of Child Support Services has over 300 full time employees.
F2: Stanislaus County Department of Child Support Services receives and processes over 35,000 cases per year.
F3: Stanislaus County Department of Child Support Services receives and pays out to their customers over $45,000,000 per year.
F4: Department of Child Support Services has programs in place to monitor employees and their duties.
F5: The Department of Child Support Services employees may access their own personal child support files only through the Human Resources Department, and only view documents with the Human Resources manager present.
Related Recommendations (1)
R1: The Department of Child Support Services should continue monitoring the personal child support cases of employees to make sure no misconduct or conflicts of interest are taking place. 29
F6: Every employee has an identification card to access the facility; no other persons are allowed to enter the facility.
F7: The Department of Child Support Services has a complete library of all cases. These cases are checked out only thru the DCSS library staff. CONCLUSIONS
Findings & Recommendations 16 findings
F1: The Public Works Manager of the City of Hughson requested the City Council on June 24, 2002 adopt City Resolution No. 02-36, declaring the need to take immediate action in an emergency without bidding in order to expedite the repairs of the sewer lift station.
F2: The Public Works Manager reported to the Council that the sewer lift station experienced catastrophic failure of equipment. The Council did not ask for confirmation from any other source.
Related Recommendations (1)
R2: More than one source of information should be required for the declaration of an emergency.
F3: The Public Works Manager told the Council that the cost of the repair would be “anywhere between $100,000.00 and $200,000.00” during the discussion on the adoption of Resolution No. 02-36.
F4: Action was required because the sewer lift station had been allowed to deteriorate into a state of disrepair.
F5: Repair work to the sewer lift station by the contractor began previous to the adoption of Resolution No. 02-36.
F6: Selection of the contractor to do the repairs, install equipment and the modification of the sewer lift station was done exclusively by the Public Works Manager, without consultation with other staff members or Council approval.
Related Recommendations (1)
R5: The City Council and staff should more closely monitor projects. 5
F7: A contract between the City of Hughson and the contractor was never presented to the Council.
Related Recommendations (1)
R3: The City Council should adopt a written policy requiring written contracts for all work done with the City, to be signed prior to the commencement of work.
F8: A written contract was never signed between the City of Hughson and the contractor.
Related Recommendations (1)
R3: The City Council should adopt a written policy requiring written contracts for all work done with the City, to be signed prior to the commencement of work.
F9: Repair work by the contractor was done after normal working hours, in the evenings and on weekends.
F10: No detailed reports on the repair of the sewer lift station were presented to the Council during the months of repair.
Related Recommendations (1)
R4: All invoices and billings submitted to the City should be required to include specific information regarding the materials and actual work performed.
F11: The configuration of the sewer lift station pumps was modified from the original setup of two 10 hp pumps and two 60 hp pumps to four 40 hp pumps.
F12: The City Council approved $100,000.00 for the sewer lift station repair. Any work beyond the initial cost was to be approved by the City Manager. There were numerous succeeding purchase orders without the City Manager’s signature.
Related Recommendations (1)
R5: The City Council and staff should more closely monitor projects. 5
F13: Total paid to the contractor for the repairs and upgrade to the sewer lift station was approximately $240,000.00. 4
F14: The estimated total cost for the repair determined by the engineering firm hired by the City of Hughson to do a study of the project was $220,000.00.
F15: The equipment selected to repair the sewer lift station was not of equivalent quality to the equipment replaced.
F16: The study done by the consultant engineering firm, dated May 2004, concluded that an emergency situation did not exist in 2002. CONCLUSIONS
Related Recommendations (1)
R1: The City of Hughson should adopt a more stringent procedure for determining when an emergency situation is declared.
Findings & Recommendations 9 findings
F1: The County approved an agreement with DMC entitled the Omnibus Agreement concurrently with four subordinate agreements. Two of the subordinate agreements, the Facility Lease Agreement and the Facility All Risk Management Agreement, provide for the continuation of mental health services at SBHC. The term of all agreements is twenty years, commencing in 1997.
F2: SBHC is an inpatient mental health facility operated by BHRS, and is owned in fee title by Stanislaus County.
F3: The Facility Lease Agreement provides that all buildings, grounds, equipment and other improvements at SBHC are leased to DMC for lease consideration of $35,583.00 per month.
F4: The Facility All Risk Management Agreement provides that DMC will contract the operation of SBHC back to the County, and that in consideration of that contractual arrangement, the County will assume all financial responsibilities of the operation, including lease payments. The County has also indemnified and held harmless DMC from all tort liability. The sole remaining responsibility of DMC is the control of the manner in which medical services are provided at SBHC.
F5: All of the agreements were prepared by private attorneys retained by the County who consulted with DMC attorneys in the preparation of the agreements. County Counsel did not participate in the preparation of the agreements.
F6: Key County officials, who were intimately involved in the negotiations leading to the approval of the agreements, have left County service. Those key personnel include the former Chief Executive Officer, the former Director of the Health Services Agency (HSA) and the former Director of the Behavioral Health and Recovery Services.
F7: Prior to the review of the agreements by the Civil Grand Jury, no one in the Office of County Counsel had reviewed the various agreements with DMC.
Related Recommendations (5)
R1: Initiate periodic reviews of the agreements with DMC to include staff from HSA, BHRS, the CEO’s office, County Counsel and Risk Management to monitor the performance of the agreements and the parties to the agreements. Utilize the reviews to identify areas of concern, or potential problems that may affect the continued delivery of services, levels of service or costs.
R2: Utilize the first staff review as an opportunity for County Counsel to conduct training on the terms and conditions of the agreements. 22
R3: Ensure that all agreements presented for consideration of the Board of Supervisors have been thoroughly reviewed by County Counsel.
R4: Require that County Counsel be signatory to every agreement approved by the Board of Supervisors, and that each such agreement shall be inscribed to signify “approval as to form” by County Counsel.
R5: At least annually, prepare a report to the Board of Supervisors summarizing the
F8: BHRS personnel did not have knowledge of the language in the Facilities Lease Agreement, or the contents of the Facility All Risk Management Agreement CONCLUSIONS
Related Recommendations (3)
R1: Initiate periodic reviews of the agreements with DMC to include staff from HSA, BHRS, the CEO’s office, County Counsel and Risk Management to monitor the performance of the agreements and the parties to the agreements. Utilize the reviews to identify areas of concern, or potential problems that may affect the continued delivery of services, levels of service or costs.
R2: Utilize the first staff review as an opportunity for County Counsel to conduct training on the terms and conditions of the agreements. 22
R5: At least annually, prepare a report to the Board of Supervisors summarizing the
F9: All agreements for services should be thoroughly reviewed by the Office of County Counsel before they are submitted to the Board of Supervisors for action. Further, each agreement should be executed by County Counsel to signify “approval as to form”, whether or not the agreements are prepared by County Counsel or contracted legal counsel.