Stanislaus County Grand Jury
2020-2021
Findings & Recommendations
6 findings
F1:
The number of homeless in Stanislaus County fluctuates from year to year but is increasing over time. This trend was exacerbated by the COVID-19 pandemic.
F2:
The most significant causes of homelessness are lack of affordable housing, substance abuse, and mental health.
F3:
Efforts to better coordinate the system of care are underway. These include the Stanislaus Homeless Alliance at the policy level, and the Homeless Management Information System at the operational level.
F4:
Since over half of the homeless each year are in the care system for the first time, efforts to prevent homelessness have not been successful enough. Without greater prevention success, homelessness cannot be reduced.
F5:
Despite enormous funding for homeless programs, and despite the fact that there are many individual successes, overall the system to date has not reduced homelessness.
F6:
There is insufficient accountability for the effective use of homeless funds. While many agencies are accountable to their funding sources, primary responsibility for measuring accountability and effectiveness rests with the Community Services Agency, the Community System of Care, and the Stanislaus Homeless Alliance.
Additional Recommendations
5
Not linked to specific findings.
R1:
More accountability needs to be introduced into the system. The Community System of Care, the Stanislaus Homeless Alliance, and the Community Services Agency should take the lead, demand verifiable performance, and focus funding and other resources on those agencies and organizations with demonstrable success. This should be done by jointly adopting a performance evaluation system prior to allocation of the next round of 12 federal homeless funding. Progress on achieving the eight goals set forth in the Stanislaus 2021 Regional Strategic Plan to Address Homelessness should be included in performance evaluations.
R2:
More focus should be given to preventing homelessness. To the extent there are funds not earmarked for other purposes, in the budgeting process of each jurisdiction, priority should be given to allocating these funds for affordable housing, substance abuse treatment, and mental health services.
R3:
All cities in the County should continually be encouraging the construction of significantly more affordable housing. They should evaluate their plans, procedures, and requirements with the goal of balancing community goals, standards, and aspirations with the need for affordable housing.
R4:
All cities should report annually to the Community System of Care and Stanislaus Homeless Alliance on the steps they have taken to help produce more affordable housing.
R5:
Subsequent civil grand juries are encouraged to monitor progress on these recommendations and consider a more in-depth investigation into efforts to produce affordable housing.
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Findings & Recommendations
4 findings
F1:
The county’s process for pre-approving a vendor’s eligibility to participate in federally funded programs failed to include vendors who were lessors of space to the programs.
F2:
City of Turlock has not provided sufficient information on their website to inform the public about how they are using the funds, as required by their MFA.
F3:
City of Ceres has not provided sufficient information on their website to inform the public about how they are using the funds, as required by their MFA.
F4:
City of Patterson has not provided sufficient information on their website to inform the public about how they are using the funds, as required by their MFA. 2020-2021 Stanislaus County Civil Grand Jury -- P a ge | 25
Additional Recommendations
4
Not linked to specific findings.
R1:
The county shall implement an expanded clearance process by December 31, 2021, that will certify all vendors on federally funded programs, beyond the traditional suppliers of goods and services, are not disbarred or suspended from participation.
R2:
City of Turlock shall update and maintain their website in accordance with the requirements of the MFA and provide the same data to StanCOG.
R3:
City of Ceres shall update and maintain their website in accordance with the requirements of the MFA and provide the same data to StanCOG.
R4:
City of Patterson shall update and maintain their website in accordance with the requirements of the MFA and provide the same data to StanCOG.
Findings & Recommendations
1 findings
F1:
The audit by CLA uncovered several material misstatements in Stanislaus County’s financial reporting. These errors occurred across several years. 2019-2020 Stanislaus County Civil Grand Jury –
Additional Recommendations
7
Not linked to specific findings.
R1:
Form a formal election committee to oversee all aspects of the election process.
R2:
Develop and distribute annually a precise timeline for elections.
R3:
Use all communications that have the greatest potential to reach prospective candidates, including but not limited to flyers, postings, social media, automated phone calls, emails to parents, to announce board vacancies.
R4:
Revise bylaws Article VI, section 4a, from “a child currently” to “student currently enrolled in 3rd through 7th grade.” BOARD MEETINGS
R5:
Nameplates should be displayed and easily read from the audience, and a sound system used.
R6:
Use both written and audio recordings of board meetings to create a complete summary of all discussions and comments in the minutes.
R7:
Board members attend governance, ethics, and in-depth Brown Act training within sixty days of an election or appointment to the board and annually thereafter.
Findings & Recommendations
3 findings
F1:
The current system of X R1. Monitor the state plan due to X documenting caregiver work hours be implemented during Spring- is prone to inaccuracies. Summer 2020 to switch to electronic timecards
F2:
A state-implemented X R2. Annually evaluate social X electronic timekeeping system worker retention rates to determine should reduce errors. the effectiveness of implementing an augmented path to promotion for social workers.
F3:
The State of California and X Stanislaus County have taken strong measures to prevent electronic interference in both the counting of ballots and the software used for the counting. Conclusion The 2020-21 SCCGJ is satisfied that the Stanislaus County Board of Supervisors’ response was received within the time frame stipulated by the California Penal Code §955(c). 2020-2021 Stanislaus County Civil Grand Jury -- P a ge | 12 In Home Support Services Case #20-12C Reason for Investigation The Stanislaus County Civil Grand Jury (SCCGJ) initiated an investigation of the In Home Support Services (IHSS) program. The IHSS program is administered by Community Services Agency (CSA) in Stanislaus County. The investigation was initiated in response to a citizen complaint of mismanagement and poor oversight of the IHSS program. Agencies Asked to Respond ❖ Stanislaus County Board of Supervisors………...…….F1-F3, R1, R2 d r e h e d t O e e /t N n Findings g n id n i F /w e y l la it r a P s e y l lo h W s e e r g
Additional Recommendations
7
Not linked to specific findings.
R1:
The county shall implement an expanded clearance process by December 31, 2021, that will certify all vendors on federally funded programs, beyond the traditional suppliers of goods and services, are not disbarred or suspended from participation.
R2:
City of Turlock shall update and maintain their website in accordance with the requirements of the MFA and provide the same data to StanCOG.
R3:
City of Ceres shall update and maintain their website in accordance with the requirements of the MFA and provide the same data to StanCOG.
R4:
City of Patterson shall update and maintain their website in accordance with the requirements of the MFA and provide the same data to StanCOG.
R5:
RECIPIENT shall install or mount signage adjacent to each project or program in excess of $250,000 funded in whole or in part by Measure L funds identifying the project or program as being funded by Measure L revenues.
R7:
RECIPIENT shall actively participate in a “Public Awareness Program”, in partnership with STANCOG as a means of ensuring that the public has access to information regarding which projects and programs are funded through Measure L funds.
R8:
RECIPIENT shall make its administrative officer or designated staff available upon request to render a report or answer any and all inquiries regarding RECIPIENT’s receipt, usage, and/or compliance audit findings regarding Measure L funds before the Citizens Oversight Committee.
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Findings & Recommendations
3 findings
F1:
Strong structural security to ensure the physical integrity of ballots is maintained at both the ORV warehouse and the ORV.
F2:
To prevent individual tampering, a two person chain of custody is maintained at every step in the handling of ballots.
F3:
The State of California and Stanislaus County have taken strong measures to prevent electronic interference in both the counting of the ballots and the software used for the counting. COMMENDATIONS C1. The Stanislaus County Registrar of Voters and staff are to be commended for their diligent approach to securing the integrity of elections in Stanislaus County. INVITED RESPONSES
• Stanislaus County Board of Supervisors: …..F1, F2, F3, C1. BIBLIOGRAPHY 1. “Registration Databases in Arizona and Illinois Were Breached, FBI Says” Time magazine, https://time.com/4471042/fbi-voter-database-breach-arizona-illinois/ 3/10/2020 2. “Hackers Breached Voter Databases in Two Florida Counties Ahead of 2016 Election” The Wall Street Journal, https://www.wsj.com/articles/hackers-breached-voter-databases- in-two-florida-counties-ahead-of-2016-election-11557854717, 3/10/2020 3. “U.S. intel agencies: Russia and China plotting to interfere in 2020 election” NBC news, https://www.nbcnews.com/politics/national-security/u-s-intel-agencies-russia-china- plotting-interfere-2020-election-n963896, 3/10/2020 4. “Report On The Investigation Into Russian Interference In The 2016 Presidential Election” U.S. Department of Justice, https://www.justice.gov/storage/report.pdf, 3/10/2020 2019-2020 Stanislaus County Civil Grand Jury – 2019-2020 Stanislaus County Civil Grand Jury Case #20-11GJ Law Enforcement Facilities Tours
Findings & Recommendations
2 findings
F1:
Modesto Police Department, X R1. Oakdale Police Department n/a n/a n/a n/a Stanislaus County Sheriff’s should seek additional Department and Oakdale Police opportunities to fly its drone to Department appear to consistently ensure optimal pilot skill level. follow approved FAA guidelines when flying drones in the execution of their law enforcement duties.
F2:
Oakdale Police Department, with n/a n/a n/a limited use of its drone, may find difficulty in maintaining pilot skill levels. Conclusion The 2020-21 SCCGJ is satisfied that the Modesto City Council’s response was received within the time frame stipulated by the California Penal Code §955(c). 2020-2021 Stanislaus County Civil Grand Jury -- P a ge | 16 d r e h e d t O e e /t N n Findings g n id n i F /w e y l la it r a P s e y l lo h W s e e r g
Findings & Recommendations
8 findings
F1:
The lack of established timelines/procedures for elections resulted in missed opportunities for interested individuals to apply for open board seats.
F2:
The lack of a formal election committee to oversee the election process led to confusion about application deadlines, how/where ballots are returned, and how/who counts votes.
F3:
The lack of an established process for announcing board vacancies, nomination procedures, collection of ballots, and counting of votes prevented parents from being informed.
F4:
Lack of clarity regarding the 4th through 8th grade parent board representative requirement could result in a parent serving on the board who no longer has a student at RLA.
F5:
Lack of clarity regarding the board representative requirements could result in a 3rd grade parent who is not allowed to run even though he/she will have a 4th through 8th grade student during the elected term. BOARD MEETINGS
F6:
Inability to hear and to identify board speakers make board meetings difficult for the audience to comprehend the discussion.
F7:
Inconsistent minutes of board meetings result in incomplete records of discussions and comments.
F8:
A failure to follow the Brown Act, such as adding items to the agenda or failing to notate exemptions in the minutes, may result in exclusion of interested individuals’ participation in discussions. 2019-2020 Stanislaus County Civil Grand Jury –
Findings & Recommendations
5 findings
F1:
StanCOG developed a X R1. Local jurisdiction X thorough, all-inclusive special personnel managing the sales tax program in Measure L planning and engineering of which benefits all of Stanislaus Measure L projects need to County. familiarize themselves with the budget and finance portions of Measure L as written in the Master Funding Agreement and Policies and Procedures.
F2:
After Stanislaus County voters X R2. Per the requirements of X approved Measure L in November Measure L, Ceres, Patterson, 2016, both StanCOG and local and Turlock websites must jurisdictions moved quickly to contain information for the implement the program. public noting accomplishments and project progress. A webpage or a link to a department webpage should be developed by December 31, 2019....
F3:
Ceres, Patterson, and Turlock X have completed, or are in the process of completing, initial capital improvement projects approved by StanCOG. All three cities are meeting project goals.
F4:
City projects management lack X detailed knowledge regarding Measure L funding.
F5:
Ceres, Patterson, and Turlock X have not developed a dedicated Measure L webpage on the cities’ websites. ___________________________________________________________________________________________ __________________________________________Conclusion________________________________________________ The 2019-2020 SCCGJ is satisfied with the City of Patterson’s response. The response was received within the time frame stipulated by the California Penal Code §955(c). 2019-2020 Stanislaus County Civil Grand Jury – d r * e e d h Find ings A g r e e w/ Fi n di n g A g r e e P a rti all y D i s a g r e e W h oll y Recomme ndations I m pl e m e nt e d W ill I m pl e m e nt h e r A n al y si s N e e N ot I m pl e m e nt/ Ot F u rt Will City of Turlock
Findings & Recommendations
8 findings
F1:
SCSD has an established X R1. SCSD staff should apply the X complaint procedure that complies citizen complaint policies and with California Penal Code §832.5. procedures consistently.
F2:
Established complaint policies X R2. SCSD should improve public X and procedures are inconsistently access to citizen complaint forms followed at SCSD field offices. by making them readily available both online and in offices in English and Spanish.
F3:
SCSD office in Hughson office X R3. Cities of Hughson, Patterson, n/a n/a n/a n/a staff impedes the citizen complaint Riverbank and Waterford should process by limiting the access to the update police department website paper form. homepages to include direct links to SCSD citizen complaint forms.
F4:
Citizen Complaint forms were X R4. All SCSD offices should X available in English only at all purge all citizen complaint forms SCSD offices impeding not compliant with the 9th Circuit complainant access. Court of Appeals ruling in Chaker v. Crogan.
F5:
Electronic access to SCSD X Citizen Complaint forms is not readily available on the websites of Hughson, Riverbank, Patterson and Waterford.
F6:
SCSD Citizen Complaint forms X not compliant with the 9th Circuit Court ruling Chaker v. Crogan are still in use at the SCSD office in Patterson. _________________________________________________________________________________________ __________________________________________Conclusion______________________________________________ The 2019-2020 SCCGJ is satisfied with the Stanislaus County Sheriff’s response. The response was received within the time frame stipulated by the California Penal Code §955(c). 2019-2020 Stanislaus County Civil Grand Jury – d r * e e d h Find ings A g r e e w/ Fi n di n g A g r e e P a rti all y D i s a g r e e W h oll y Recomme ndations I m pl e m e nt e d W ill I m pl e m e nt h e r A n al y si s N e e N ot I m pl e m e nt/ Ot F u rt Will City of Hughson
F7:
The City of Modesto’s X R7. The Modesto City X purchasing division now enters Council should begin the and monitors contract information process of recruiting and within the Oracle Computer hiring a new City Auditor as System. required by the Modesto Municipal Code §902.1, no later than September 30, 2019. 2019-2020 Stanislaus County Civil Grand Jury – d r * e e d h Find ings A g r e e w/ Fi n di n g A P a g r r t e i a e l l y D i s a g r e e W h oll y Recomme ndations I m pl e m e nt e d W ill I m pl e m e nt h e r A n al y si s N e e N ot I m pl e m e nt/ Ot F u rt Will
F8:
The position of City Auditor X remains vacant as of the date of this report.. ___________________________________________________________________________________________ __________________________________________Conclusion________________________________________________ The 2019-2020 SCCGJ is satisfied with the Modesto City Manager’s response. The response was received within the time frame stipulated by the California Penal Code §955(c). e d e r * d h Find ings A g r e e w/ Fi n di n g A g r e e P a rti all y D i s a g r e e W h oll y Recomme ndations I m pl e m e nt e d W ill I m pl e m e nt h e r A n al y si s N e e I m pl N e m ot e nt/ Ot F u rt Will Modesto City Council
Additional Recommendations
3
Not linked to specific findings.
R2:
Will implement the recommendation
R3:
Further analysis is needed
R4:
Will not implement the recommendation/other California Penal Code §933.05(b)(3) requires that respondents indicating “further analysis is needed” must conclude such study within six months from the date of the publication of the civil grand jury report. 2019-2020 Stanislaus County Civil Grand Jury –
Findings & Recommendations
8 findings
F1:
The lack of established X R1. Form a formal election X timelines/procedures for elections committee to oversee all aspects resulted in missed opportunities for of the election process. interested individuals to apply for open board seats.
F2:
The lack of a formal election X R2. Develop and distribute X committee to oversee the election annually a precise timeline for process led to confusion about elections. application deadlines, how/where ballots are returned, and how/who counts votes. 2020-2021 Stanislaus County Civil Grand Jury -- P a ge | 4 d * r e d e h Findings g n id n i F /w e e r g A y l la it r a P s e e r g A y l lo h W s e e r g a s i D Recommendations d e t n e m e lp m I t n e m e lp m I l l i W e e N s i s y l a n A r e h t r u t O /t n e m e l p m I t o N l l F i W
F3:
The lack of an established X R3. Use all communications that X process for announcing board have the greatest potential to reach vacancies, nomination prospective candidates, procedures, collection of ballots, including but not limited to flyers, and counting of votes prevented postings, social media, automated parents from being informed. phone calls, emails to parents, to announce board vacancies.
F4:
Lack of clarity regarding the X R4. Revise bylaws Article VI, X 4th through 8th grade parent section 4a, from “a child currently” board representative requirement to “student currently enrolled in could result in a parent serving on 3rd through 7th grade.” the board who no longer has a student at RLA.
F5:
Lack of clarity regarding the X R5. Nameplates should be X board representative requirements displayed and easily read from the could result in a 3rd grade parent audience, and a sound system used. who is not allowed to run even though he/she will have a 4th through 8th grade student during the elected term.
F6:
Inability to hear and to X R6. Use both written and audio X identify board speakers make recordings of board meetings to board meetings difficult for the create a complete summary of all audience to comprehend the discussions and comments in the discussion. minutes.
F7:
Inconsistent minutes of board X R7. Board members attend X meetings result in incomplete governance, ethics, and in-depth records of discussions and Brown Act training within sixty comments. days of an election or appointment to the board and annually thereafter. 2020-2021 Stanislaus County Civil Grand Jury -- P a ge | 5 d * r e d e h Findings g n id n i F /w e e r g A y l la it r a P s e e r g A y l lo h W s e e r g a s i D Recommendations d e t n e m e lp m I t n e m e lp m I l l i W e e N s i s y l a n A r e h t r u t O /t n e m e l p m I t o N l l F i W
F8:
A failure to follow the Brown X Act, such as adding items to the agenda or failing to notate exemptions in the minutes, may result in exclusion of interested individuals’ participation in discussions. Conclusion The 2020-21 SCCGJ is satisfied with the Riverbank Language Academy's response. The r esponse was received within the time frame stipulated by the California Penal Code §955(c). 2020-2021 Stanislaus County Civil Grand Jury -- P a ge | 6 d r e h e d t O e e /t N n Findings g n id n i F /w e y l la it r a P s e y l lo h W s e e r g
Findings & Recommendations
6 findings
F1:
Each facility was found to be well maintained and clean.
F2:
On-site comprehensive medical services are available at each detention facility.
F3:
On-site educational programs for detainees are available at both the Sheriff’s Detention Center and the Juvenile Detention Center.
F4:
The Stanislaus Regional 911 staff is highly trained and, based on observation, has the ability to triage emergency and non-emergency calls.
F5:
The Modesto Police Department’s Real Time Crime Center can triage developing incidents and provide crucial information to responding officers and other first responders prior to their arrival.
F6:
The Stanislaus County Coroner’s Facility is state-of-the-art and has space for future expansion. 2019-2020 Stanislaus County Civil Grand Jury – COMMENDATIONS: C1. SCCGJ commends the staff of each facility toured for adopting practices that maintain the state-of-the-art facilities and emphasize education and evaluation of programs to meet future needs. C2. SCCGJ commends the staff at each toured facility for a strong sense of pride, dedication, commitment and ownership in executing their responsibilities. Reports issued by the Grand Jury do not identify individuals interviewed. Penal Code section 929 requires that reports of the Grand Jury not contain the name of any person or facts leading to the identity of any person who provides information to the Grand Jury. 2019-2020 Stanislaus County Civil Grand Jury – 2019-2020 Stanislaus County Civil Grand Jury Case #20-12GJ In Home Support Services 2019-2020 Stanislaus County Civil Grand jury Case #20-12C In Home Support Services SUMMARY The Stanislaus County Civil Grand Jury (SCCGJ) initiated an investigation of the In Home Support Services (IHSS) program. The IHSS program is administered by the Community Services Agency (CSA) in Stanislaus County. The investigation was initiated in response to a citizen complaint of mismanagement and poor oversight of the IHSS program. The allegations included the following:
• Delay of initial assessments
• Delinquent reassessments
• Delayed caretaker payments
• IHSS budget reduction
• Issuance of a state corrective action plan
• Unsafe work conditions
• Poor social worker retention
• Limited social worker promotion opportunities IHSS is a necessary and valuable program for elderly and disabled citizens of Stanislaus County. Approximately 7,000 recipients receive services through the IHSS program. Established in 1973, IHSS is part of a statewide program that provides domestic and personal care services for qualified elderly and disabled citizens in Stanislaus County. IHSS is funded by a combination of county, state and federal programs. Between January and November 2019, IHSS received a total of 2,963 new applications. Due to a carryover of pending applications from the prior year, a total of 3,095 applications were completed. The stated goal of the IHSS program is to provide assistance to those “eligible aged, blind and disabled individuals who are unable to remain safely in their own homes without this assistance.” IHSS is an alternative to out of home care. The extent of services offered to citizens is in part determined by the availability of funds earmarked and disbursed by the state. Funds are forwarded to the county for budget review and a final IHSS budget is formulated. GLOSSARY SCCGJ Stanislaus County Civil Grand Jury CAP Corrective Action Plan CDSS California Department of Social Services CSA Community Services Agency IHSS In Home Support Services ICT Inter-County Transfer 2019-2020 Stanislaus County Civil Grand Jury – BACKGROUND The IHSS program, part of a statewide program established in 1973, is under the purview of the Community Services Agency (CSA) in Stanislaus County. The objective of IHSS is to provide assistance to citizens enabling them to remain safely in their own homes as an alternative to out of home care. All new IHSS applications are designated a ranking of 1, 2 or 3 depending on the acuity level of the applicant. Applicants with a 1 ranking are in dire circumstances that require urgent in-home care and are assessed within two business days. Applicants with a 2 ranking have an above average need for care and are assessed within ten business days. Applicants with a 3 ranking receive a standard response within thirty days of the application date. Inter-County Transfers (ICT) are to be evaluated within thirty days. In addition to the Health Certification form, the application package includes the following:
• Needs Assessment
• Application for Social Services
• Recipient/Employer Responsibility Checklist
• Individualized Back-up Plan and Risk Management
• Voter Preference form
• Notice to Applicant of Health Care Certification Requirement
• Caregiver Fingerprinting Information
• Community Resources. State guidelines for the completion of the initial assessment are in conflict. Most applicants seeking services first contact IHSS by telephone. The first contact date triggers a thirty day application completion requirement. However, the applicant has up to forty-five days to submit the medical certification. Due to extenuating circumstances, the forty-five day requirement can be extended even further. Hospitalization of the applicant, withdrawal of the application, declining cognitive functioning and physician delays in completing paperwork may all contribute to an incomplete or delayed application. On average it takes three months for an applicant to receive a determination on a request for services. On September 7, 2017 the California Department of Social Services (CDSS) notified the Stanislaus County CSA that the IHSS program was being placed on a Corrective Action Plan (CAP), because of failure to meet the required minimum reassessment rate of 80%. In order to address the deficiency, three Social Worker III positions were added as well as an increase in management oversight. METHODOLOGY SCCGJ used the following methodology to investigate the complaint:
• Interviewed complainant
• Interviewed CSA and IHSS personnel
• Reviewed the Citizen Complaint Form and attachments
• Reviewed Social Worker I-III Pay Ranges
• Reviewed relevant IHSS documents 2019-2020 Stanislaus County Civil Grand Jury – DISCUSSION SCCGJ interviewed personnel regarding the IHSS program and was informed that training a new IHSS social worker can take as long as six months. As social workers gained experience and expertise they were eligible for promotion to a Social Worker II position. However, after being promoted to Social Worker II, experienced employees would often leave IHSS as no path towards additional promotion existed. This promotional limitation resulted in hiring difficulties that contributed to excessive reassessment delinquencies. This was recently corrected by the addition of Social Worker III positions in the IHSS program. Interviews indicated that delayed caretaker payments were caused by service provider timecards which were frequently inaccurate, not properly signed or delayed due to mail delivery problems. To remedy this problem the state is in the process of implementing an electronic timecard system in Spring-Summer 2020. SCCGJ confirmed through interviews and documentation that the IHSS program was placed on a corrective action plan (CAP) for failing to complete at least 80% of the annual reassessments within 12 months. The IHSS program was removed from the CAP for Fiscal Year 2018-2019 with an increased reassessment compliance rate of 80.53%. Due to additional hiring and increased oversight, the program remains in compliance with an 86% reassessment rate. SCCGJ considered all of the allegation made by the complainant and chose to focus on the allegation of mismanagement and poor oversight. Other issues raised by the complainant related to personnel matters which are beyond the scope of SCCGJ’s mission. Other avenues are available to the complainant to address such matters. FINDINGS
Additional Recommendations
2
Not linked to specific findings.
R1:
Monitor the state plan due to be implemented during Spring-Summer 2020 to switch to electronic timecards.
R2:
Annually evaluate social worker retention rates to determine the effectiveness of implementing an augmented path to promotion for social workers. 2019-2020 Stanislaus County Civil Grand Jury –