Sutter County 2014-2015 - California Grand Jury Reports

June 25, 2015 — Final Report of the 2014-2015 Sutter County Grand Jury*

84 pages 6 findings 20 recommendations

Findings & Recommendations 6 findings

F1: The southernmost building is in disrepair and is unable to properly house the equipment. Staff is unable to adequately secure the building. There are two fire engines that extend beyond the structure itself.

Related Recommendations (1)

R1: The SCGJ recommends they request budget for a new structure. The SCGJ further recommends that they be granted the budget to replace the structure. REQUIRED RESPONSES: 1. Dan Yager, Sutter County Fire Chief 2. Board of Supervisors Exhibit Table of Contents 1. Photographs of the Oswald-Tudor Fire Station . иşD, APP. AL SHIBBLE SA 件 TO)

F2: The County cannot afford a dysfunctional District Attorney's office, especially with a workload of nearly one hundred new cases per week and the passage of Proposition 47 which has increased the office's workload by reopening many old cases in order to reduce felonies to misdemeanors.

Related Recommendations (1)

R2: In view of the fact that the District Attorney's office derives funding from grants from various agencies which are to be used for specific purposes, the SCGJ recommends that the District Attorney be provided the resources to employ a full time accountant.

F3: The county is not adhering to the lease agreement which states that the County is to maintain the modulars in good repair and operating conditions until the Return Date.

Related Recommendations (1)

R3: With the passage of Proposition 47, the District Attorney's workload has increased tremendously. So much so, that the District Attorney has dedicated one deputy District Attorney to primarily handle these cases. This has shifted that person's workload onto the remaining attorneys. The SCGJ recommends that an additional attorney be hired to handle the increased workload.

F4: The conditions of the modulars were found to be beyond normal wear and tear. The carpeting in the main traffic areas is worn down to the rubber backing material to the point where the backing is exposed. The offices were not available for inspection. The air quality inside the modulars was found to be of very poor quality. The air smelled musty and stale. The exteriors of the modulars have not been maintained. There are areas of dry rot because the painting has not been properly maintained. There are areas where there is no paint on the wood. The wood is not protected from the elements.

Related Recommendations (1)

R4: In view of the nature of the Victim/Witness Assistance Program and its primary objective which is to protect victims and witnesses, the District Attorney's office may not be the best agency to manage the program. There is the potential for a conflict of interest where the District Attorney is sworn to prosecute to the full extent of the law, and this may not be in the best interest of the victim or witness. The SGCJ, therefore, recommends that this program be overseen by another agency, e.g., the Probation Department or Health and Welfare. REQUIRED RESPONSES: 1. Amanda Hopper, District Attorney 2. Nathan Black, Auditor/Controller 3. Board of Supervisors Exhibit Table of Contents 1. Request by District Attorney to apply for CalEMA funds for Anti-Drug Abuse Program dated 1/17/12 2. Board of Supervisor Meeting Minutes dated 11/12/13. The request for a Gold Resolution for the outgoing District Attorney was removed from the agenda. 3. Board of Supervisor Meeting Minutes dated 4/8/14. Closed session was held to address the Pollard v. County of Sutter et al. 4. Board of Supervisor Meeting Minutes dated 8/13/13. State of California CalEMA grant funding was addressed. 5. Board of Supervisor Meeting Minutes dated 10/14/14. The board approved a total of $48,597.18 budget amendment be provided to the District Attorney's Office for repayment of disallowed funds from CalOES grant money. SUTTER COUNTY DISTRICT ATTORNEY CARL. V. ADAMS 446 SECOND STREET POST OFFICE BOX 1555 YUBA CITY, CALIFORNIA 95992 TELEPHONE: (530) 822-7330 FAX: (530) 822-7337 CALIFOR January 17, 2012 MEMO TO: HONORABLE BOARD OF SUPERVISORS FROM: CARL V. ADAMS, DISTRICT ATTORNEY RESOLUTION FOR APPLICATION AND ACCEPTANCE OF GRANT RE: FUNDS FOR THE SUTTER COUNTY ANTI-DRUG ABUSE PROGRAM

F5: There is no proper documentation or accountability of hours worked within the Welfare & Social Services Division, which is apparently the case in all county departments.

Related Recommendations (1)

R5: The Human Service Director should ensure the division adheres to county policy concerning lunch periods. The HR department shall institute a time accountability system to insure accountability for hours worked.

F113: through 6/30/14 AMOUNT DIAGNOSS $24,632 Possible Sepsis 57,769 Chest pain, acute Mi. Stent placement and angioplasty 20,156 Clotted AV Fistuta in Jeft forearm 10,959 Chest pain. Hypertension, lV Drug Use, GERD, Chroale back pain 61,862 Chest Pain. Cardiac monitoring 24,110 Hemodialysis Full Care 14,454 Severe pelvic pain 16,985 Hemodialysis Full Care 13,672 Infection in hand 19,367 Digtiness, syncopal episodes w/possible seizure 10,056 Severe decreased mentation and weak wobbly gait 15,872 Abnormal Vital signs bow SP and abnormal behavior 62,280 Altered mental status/possible seizure/acute respira:ory failure 45,883 Chest pain 16,718 Further evaluation of chest pain 33,622 Cardiology & Observation 13,316 Hermatoma to head, on Plavix and asa. Can't feel L side of face and chestpain 37,982 Paln and swelling of Slower lip 20,653 Routine x-ray of thumb - had seizure and was admitted 9,499 Ankle Injury 20,832 fo CVA 17,481 Feil down flight of stairs. Numbness & tingling of extremities & neck pain. 25,582 Acute respiratory failure. Altered mental status. Carvulsion disorder vs seizure vs others, 11,013 Tachycardia. 21,814 Chest pain 14,153 Left inguinal hemia $638,727 Total Support & Care Per Diagnosis (Acct 53100) 1,183,370_Less Expenditures As of 6/30/14 Appropriaton/Revenue $544,643 Net Expenditures-All Others Suppart & Care Ez TEES Tye Peering petted Fabtie tearm rer: AP seaet ete Rae COMMUNICATION AND PROMOTIONAL OPPORTUNITIES SUTTER COUNTY SHERIFEF’S OFFICE SUMMARY The Sutter County Grand Jury (SCGJ) conducted several interviews with staff from the Sutter County Sheriff's Office. The staff ranged throughout various ranks within the department. The SCGJ was seeking to understand the communication between staff and management as well as discover any common issues within the department. The interviews completed led to the discovery of a few issues that will be addressed in this report. BACKGROUND The SCG completed several interviews with staff in various ranks, job duties and departments within the Sheriff's Office; excluding the corrections department. SCGJ also reviewed the Police Officer’s Bill of Rights, promotional practices with the department, the Internal Affairs Manual as well as the Policies and Procedures for the Sheriff's Office. There were two set questionnaires that the SCGJ utilized; one for line staff and one for management. This ensured that staff was asked the same consistent questions in an effort to appropriately gauge any recurring concern. The SCGJ also reviewed promotional practices for several law enforcement agencies in the surrounding area. DISCUSSION The SCGJ found two common themes while conducting staff interviews: 1. Communication: While most staff reported that they had a good working relationship with their immediate supervisor, there was hesitation to address issues and/or concerns to the next level of command. Many staff stated that unless permission is received, they are not permitted to take any concerns, issues, or observations any further than their first line of supervision. Staff also relayed that although their immediate supervisor, and possibly the next level of supervision, is aware of their job ability/performance, that upper management appears to be removed from the day to day operation. They do not feel as though there is an open- door policy for communication. 2. Promotion Opportunities: While conducting interviews, the SCGJ discovered that most line staff as well as a few supervisorial staff was unable to provide the SCGJ with the requirements/practices for promotion. Staff stated that they often do not know what the expectations are to promote nor were they aware of what steps the promotion process will take. Staff relayed that most times they neither were aware of what the passing grade for the written test was nor were they informed of their actual grade after completing the written exam. Staff reported that if'a particular employee had a more personal relationship with their immediate supervisor, they would be better prepared for promotion. Other staff, which perhaps did not have as close a relationship with the supervisor, would be less prepared for what is required, It did not appear to be common knowledge as to what management was looking for while promoting. The SCG] believe that the two issues are not mutually exclusive. Better communication between all levels of employees can ensure that expectations are well known by all staff. This can also ensure that information is fluid and not stored or suppressed within one level of management. Additionally, as the economy is such that it does not appear to be an option to add more staff or provide higher pay for current staff, improving communication can ensure that the current staff feels valued. Also, making promotions more accessible and transparent could inspire more qualified staff to remain employed with Sutter County and not utilize the Sheriffs Office as more of a “foot in the door” to a career in law enforcement. While reviewing the promotional practices of surrounding agencies, many list the promotional process as well as what constitutes a passing grade on the job announcement. Most include four, if not five, steps. The steps are as follows: 1-a written test with a passing grade of 70% along with 2-a practical exercise that the staff can expect to encounter should they promote. If successful, 3-an oral interview along with an additional 4-practical exercise. For the oral interview, some agencies utilize a “Community Oral Board.” This panel consists of the Chief of Police from surrounding counties, Captains from the hiring agency and surrounding counties and the Sheriff from the hiring county. FINDINGS Fl: Communication between the ranks is viewed as not permissible

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Additional Recommendations 15

Not linked to specific findings.

R6: SCGJ recommends an internal audit be conducted of the Welfare and Social Services Division. Leadership practices as well as fair and impartial implementation of policies should be reviewed to ensure staffs are treated fairly and consistently. Time management of management staff should be reviewed. Best practices and morale in this department should be taken under advisement. REQUEST FOR RESPONDENTS Sutter County CAO/HR Director

R7: End of Lease (3) Deleas specified otherwise, Casponer most give GECDAS slay 1601 trays prior winners notice of the date on which the Equipment is to be returned. (b) If Customer, without some feather whiten agreement, continues to pre month to month critications at my time. (d) M, m may time after the initial or may remembed term (or as (WCASS) request at any time this Lease is on a month-to-mornth bards). GECMS required of the Equipment, Castomer will return the Equipment of GECMS, which fir (4) Construct may terminate this Lease print to the expension of the friminate Lease Period, subject to all terms and conditions of this Lease, and the Curtomer will pay (in addition to tear down and remin charges) the following termination charges: h if Continues is the first sear of the Equipment: the crashing topical result sharpes for the Minimum Lexic Perfod;\niii If Circonnel is not the first sear; (A) if the Minimum lexice Perfod ("MLP") is better three (3) resu more than FT (6) restail months but one (1) you or lest, tweler (17) inner the AWLC; if the MLP exceeds one (1) year, fourteen (14) times the AWLC for each year, or person derived, of the position of the MLP exceeds. "If taindown, where or similar mon-time charges and customs requested modifications not provided as a separate charge under the terms of this Laste (the Amerikand One-Time Costs). In no case will the minimation charges be in traces of the remail charge for the remainder of MLP. L Indepolication Contempt here by specifically indemnifies, agrees to defend and helds terminest GECh15/81 employees and agreet from any and all loss, claims, liabilists, through, first, forther, printers, printers, penalties and expenses CORDOCTION WITH (a) The lost of an autage in the Equipment prior to the Return Data because of collision, fire, lightning or theft, flood, windutoria or explasion, evil disturbance of rint or any other peril or enquality (b) The stants of of volume, including but not limited to change to the property of, my person (other than the Equipment) at a scale of, in whole of in part, the use or condition in the Renam Date of the Equipments, (c) da 4 Employed and any lost of smalles to applying stored is any of the Equipment of the start of the property of the Equipment of the start of the start of the start of the start of the start of the start of the start of the st in this Section I will apply to any Losser whether they we asserted before or after the Return Dane.

R8: Indemnification Customer hereby specifically indemnifies, agrees to defend and holds harmless ModSpace, its employees and agents from any and all loss, claims, liabilities, damages, fines. forfeitures, seizures, penalties and expenses (including attorneys' fees and investigative costs) (collectively "Losses") that may arise from or in connection with: (a) The loss of or damage to the Equipment prior to the Return Date because o(a) The loss of or damage to the Equipment prior to the Return Date because of collision, fire, lightning or theft, flood, windstorm or explosion, civil disturbance or riot or any other peril or casualty; (b) The death of or injury to, including but not limited to, damage to the property of, any person (other than the Equipment) as a result of, in whole or in part, the use or condition prior to the Return Date of the Equipment; (c) Any act or omission of Customer in violation of this Lease; (d) The actual or alleged storage, maintenance, use, handling, repair, or operation of the Equipment, prior to the Return Date, including but not limited to any failure to use anchor straps, any work done on, or any materials supplied to or in connection with the operation, maintenance, possession or storage of the Equipment and any loss or damage to anything stored in any of the Equipment; and (e) Any damage to Customer's property or the property of any third parties incurred during or in connection with the fulfillment of Customer's obligations by or on behalf of ModSpace or the repossession or return of Equipment by ModSpace in accordance with the terms of this Lease. The obligations contained in this Section 8 will survive expiration or termination of the term of this Lease and the Return Date. The indemnifications contained in this Section 8 will apply to any Losses whether they are asserted before or after the Return Date. Insurance (a) Customer, at Customer's sole cost, will procure and keep in full force and effect, from the initial delivery date until the return of all Equipment the following policies of insurance satisfactory to ModSpace as to the insurer and as to the form and amount of coverage, with premiums prepaid: i) Commercial General Liability Insurance with a minimum combined single limit of $1,000,000 per occurrence, written on an occurrence form, including coverage for premises, operations, contractual liability, broad form property damage, independent contractors and personal injury liability, naming ModSpace as an additional insured. ii) Commercial Property Insurance protecting against all loss and damages, at full replacement cost, sustained or suffered due to the loss of or damage to the Equipment as a result of collision, fire, lightning, theft, flood, windstorm, explosion or any other casualty, naming ModSpace and Bank of America N.A. as a loss payee. (b) Customer will deliver certificates evidencing all such insurance to ModSpace within fourteen (14) days after delivery of the Equipment to Customer's site, time being of the essence; except that, if Customer elects to enroll in the Optional Insurance Program or the Damage Waiver Option, Customer will not have to deliver certificates of insurance to ModSpace for the type of risks covered by the Optional Insurance Program or Damage Waiver Option as elected by Customer. Each certificate will state that such insurance will not terminate or be materially changed without thirty (30) days' prior written notice to ModSpace. (c) If Customer fails to deliver the insurance certificate as required by paragraph (b) on the date required. Customer will be in default under this Lease. In addition to all the other remedies for default under this Lease, ModSpace may (i) impose upon Customer a one-time fee for insurance processing of One Hundred Dollars ($100) and (ii) assess as additional rent an uninsured lessee fee of ten percent (10%) of the monthly rental from the start of the lease term until the required insurance certificate is delivered to ModSpace. (d) Obtaining insurance as described above, including the Optional Insurance Program, will not affect Customer's obligations and indemnities under this Lease, and the loss, damage to, or destruction of any of the Equipment will neither terminate this Lease nor, except to the extent that ModSpace is actually compensated by insurance paid for by Customer, relieve Customer of any of Customer's liability under this Lease.

R9: INSTRUCT 12) Customer, it Customer's sole cost, will procure and keep in Isli here are effect, from the initial delivery due until the return of all Equipment the following policios of instruce consistency to GECAS as to the insure and on to the ferm and amount of correct. If the premiums prepared in the company of the contract of the contract of the contract of the contract of the contract o at an additional insured. as an additional incurred.

R10: Optional Insurance and Damage Waiver (a) In certain circumstances, Customer may choose (i) to enroll in an Optional Insurance Program to cover general liability risks (the "Optional Insurance Program") or (ii) to accept a Damage Waiver Option to cover damage to the Equipment (the "Damage Waiver Option") or (iii) to elect both options. If the Optional Insurance Program or the Damage Waiver Option is available and Customer, in writing prior to delivery of the Equipment to the site, elects to enroll in the Optional Insurance Program or accept the Damage Waiver Option, then, Section 10(b) will apply if Customer elects to enroll in the Optional Insurance Program and, Section 10(c) will apply if Customer accepts the Damage Waiver Option. (b) The Optional Insurance Program is fully described in an Outline of Coverage ("the "Outline of Coverage") which Customer has received and reviewed prior to any election to enroll in the Optional Insurance Program. All questions regarding the Optional Insurance Program will be answered by the qualified licensed insurance agent identified in the Outline of Coverage. If Customer properly elects to enroll in the Optional Insurance Program, so long as such coverage is still in full force and effect, Customer will not be required, under this Lease, to carry additional commercial liability insurance as required by Section 9(a)(i). (c) If the Damage Waiver Option is properly elected and so long as Customer timely pays the additional fee specified for such Damage Waiver Option, Customer will not be required, under the terms of this Lease, to carry any additional commercial property insurance as required by Section 9(a)(ii) and Customer will not be liable to ModSpace in excess of $500 per unit of Equipment for loss or damage specified in Section 8(a), except Customer will not be relieved of liability if Customer violates any other provision of this Lease. THE DAMAGE WAIVER IS NOT INSURANCE COVERAGE. (d) Customer's coverage under the Optional Insurance Program or acceptance of the Damage Waiver Option may be cancelled by either party and rates for coverage under the Optional Insurance Program or fees for the Damage Waiver Option may be changed upon thirty (30) days prior written notice. If the Optional Insurance Program or Damage Waiver Option is, for any reason, cancelled, Customer will provide to ModSpace evidence of policies of insurance as set forth in Sections 9(a)(i) or 9(a)(ii), as appropriate, within ten (10) days prior to the effective date of such cancellation. (e) The coverage provided under the Optional Insurance Program and the limitation of liability under the Damage Waiver Option does not extend to the transportation of Equipment or its contents and, only extends to Equipment installed on ground level. (f) The Damage Waiver Option will not be binding upon ModSpace unless any loss, damage, injury or claim is reported to ModSpace in writing within seventy-two (72) hours of the occurrence of any such event. Customer will also provide any information in regard to such event that ModSpace reasonably requests. Form: US062998A Mod Space TERMS AND CONDITIONS OF LEASE AGREEMENT

R11: Defautt The occurrence of one or more of the following in clauses (a) - (a) below will constitute an évent of Debuit under this Leuse: (a) Contourne fails to appropriate any receive payment are under this Leuse on fails to purifi failure to perform or observe: (c) Comment of my seriou of entry which controls more than fifty percent (1998) of Comments equity (a. Control reason) or may powerfor of my of Comments obligations becomed in Comments obligations becomes a comment of my o proceedings, (Hi) commits an act of bankruptcy. (iv) makes an assignment for the benefit of encorates, (v) appoints or submits to the appointment of a necessarileall or any of its assen, (vi) admits in writing its institl or dissolutions (d) Customer, any Cownel Person or any Ourrantor defaults under one other agreement with GECMS or any affiliast of GECMS; and (e) Any least of credit, guaranty or other security given to secure the parlaments of Custome Upon the occurrence of an Event of Default. GECMS will have the option to declare the entire balance of rent fire the remainder of the stated have tree syon he occurrence of as Event of DeBull, GECMS will have the option to declare the entire balance of real for the restricts of the transfer instance. The property of the stand to specify and to be proposed to use of perpa of reasalt populated in this Lause. If OPECATS retained in the Engineers of the Equipment or any part of the Equipment and there is it the time of such retaining, in, upon or another to such repostersed Engineers, any other property, pooks or inlines of rath pole discretion. 13.CECHES Rights To Clave II Commercia de Bulls in any of its obligations under this Lease, whether or not an Evens of Default to on exists, GECHES may pay all amounts or performs or exists II Commercia de Bulls in any of to the resonable value of all services so performed. 13.84-00 vision; imiting any other provision of this Lease, upon the occurrence of an Event of Default, GECMS will have the immediate ripht, without codies, demand or other become, to retain regions Castomer that amounts GECMS may each runs immediately upon the occurrence of any Event of Default by Chartomer. sees name immediately upon the occurrent of any Event of Default by Chantener.

R12: ModSpace' Right To Cure If Customer defaults in any of its obligations under this Lease, whether or not an Event of Default then exists, ModSpace may pay all amounts or perform or cause to be performed all obligations required to be paid or performed by Customer under this Lease and recover from Customer as additional rent all amounts so paid or the reasonable value of all services so performed. Set-Off

R14: REMOVED FROM AGENDA: Authorization to prepare a Gold Resolution for Carl Adams on the occasion of his retirement as the Sutter County District Attorney on November 15, 2013. Elections

R15: Approval of an agreement (A13-170) with Dominion Voting Hardware Maintenance for hardware maintenance services. General Services

R16: RESOLUTION NO. 13-077, A RESOLUTION OF THE BOARD OF SUPERVISORS AUTHORIZING THE CHAIRMAN TO EXECUTE AN EASEMENT DEED TO PACIFIC GAS AND ELECTRIC TO PROVIDE TEMPORARY UNDERGROUND ELECTRICAL SERVICES AT 1500 VETERAN'S CIRCLE was adopted on motion of Supervisor Cleveland, seconded by Supervisor Sullenger and carried by those present as appears of record in the office of the Clerk of the Board in Resolution Book 59 at to which record reference is hereby made for further particulars and by such reference incorporated herein and made a part hereof.

R17: Authorization for the Purchasing Agent to award Master Purchase Agreements for Fiscal Year 2013-14 Pesticides.

R18: Approval of a Master Agreement (A13-171) with AT&T for an AT&T Opt-E-Man line between Children's System of Care (CSOC), 809 Plumas Street, Yuba City and the Datacenter, 463 Second Street, Yuba City, and authorization for the Director of General Services to sign the agreement. Human Services - Health Division

R19: Approval of Agreement #13-20167 (A13-172) for Fiscal Years 2013-16, for the HIV/AIDS Surveillance Program with the California Department of Public Health Office of Aids and authorization for the Assistant Director of Human Services-Health Division to sign the Agreement and Contractor Certification Clause #307.

R20: RESOLUTION NO. 13-078, A RESOLUTION OF THE BOARD OF SUPERVISORS AUTHORIZING EXECUTION OF STANDARD AGREEMENT (A13-173) BETWEEN THE CALIFORNIA DEPARTMENT OF PUBLIC HEALTH AND COUNTY OF SUTTER for Immunization Project Agreement #13-20316 with the California Department of Public Health for Fiscal Years 2013-17, was adopted on motion of Supervisor Cleveland, seconded by Supervisor Sullenger and carried by those present as appears of record in the office of the Clerk of the Board in Resolution Book 59 at to which record reference is hereby made further particulars and by such reference incorporated herein and made a part hereof; and authorization for the Assistant Director of Human Services - Health Division to sign the agreement and Human Services - Mental Health Division

R21: Approval for the addition of a Resource Specialist for Placement Services and deletion of a Supervising Intervention Counselor in the Mental Health Budget. BOOK 3-M. NOVEMBER 12, 2013 UNAPPROVED ALIFORT BEFORE THE BOARD OF SUPERVISORS COUNTY OF SUTTER, STATE OF CALIFORNIA SESSION OF APRIL 8, 2014 The Board of Supervisors of the County of Sutter, State of California, met on the above date at 5:45 p.m. in Closed Session and at 6:00 p.m. in Regular Session in the Board of Supervisors Chambers located in the Hall of Records Building at 466 Second Street, Yuba City, California. MEMBERS PRESENT: Supervisors Ron Sullenger, Stan Cleveland, Larry Munger, Jim Whiteaker and James Gallagher MEMBERS ABSENT: None. STAFF PRESENT: James M. Arkens, County Administrative Officer; William Vanasek, Assistant County Counsel; and Alicia Draves, Deputy Clerk of the Board SPECIAL MEETING/CLOSED SESSION Chairman Cleveland called the Closed Session to order at 5:45 p.m., noting the purpose of the meeting: CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION Name of Case: Pollard v. County of Sutter et al. U.S. District Court, Eastern District of California, Case No. 2:13-CV-02460-GEB-AC Pursuant to Government Code § 54956.9 The Board adjourned to Closed Session, after which the Chairman announced there was nothing to report. Chairman Cleveland asked if there was anyone who wished to speak to these matters and there was no one. ***** REGULAR SESSION Chairman Cleveland called the meeting to order at 6:05 p.m. ***** ROLL CALL The Board Clerk called the roll of the Board, and attendance is shown above. BOOK 3-M, APRIL 8, 2014 3/31/2015 2013/08/13 03:00 PM Board of Supervisors Regular - Web Outline - Sutter County, California Log in | Help | Registe. Search «Back to Main Site Welcome Meetings

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