Trinity County Grand Jury

2004-2005

7 reports

Findings & Recommendations 4 findings
F1: The committee toured every room within the facility, with the exception of the rooms being used by professional staff while counseling juveniles. We found the facility to be exceptionally clean and organized. (The cleaning is done by the juveniles). The kitchen was clean and efficient. The showers were clean and the curtains in good shape. The procedure taken to insure the privacy of the inmates while taking a shower was explained and was found to be satisfactory. The class room was clean and the atmosphere was pleasant, with the students' work and projects well done with a qualified teaching staff.
Related Recommendations (1)
R1: No recommendation. The facility appears to be well managed and maintained.
F2: The inmate telephone system was investigated. A new provider for telephone service has been implemented. The telephone calls are now at a more reasonable rate. Juveniles must request telephone time and make their calls during their assigned times.
Related Recommendations (1)
R2: No recommendation. This system, with the new telephone provider and policy regulating telephone calls seems to be adequate and working well.
F3: During interviews with employees it was found that a perception of misuse of time sheets existed and promotions were not handled in a fair manner. Promotions within this department depend on various criteria, including but not limited to, educational background, job evaluations, and recommendations of supervisors. Assurances were received that promotions have been handled in a manner consistent with the written policy and procedures of the department. It was noted that more females are promoted in the department as a natural manner, due in part because more females are employed in the department. Supervisors are required to work forty hours a week. Their schedules are not always the same every day or every week. They are on call and are called out at various hours. The supervisors occasionally adjust the time worked away from the office that exceed forty hours per week, by sometimes working shorter hours in the office. Possible misuse of county vehicles and county cell phones in this department was also a concern that was brought to our attention. The Chief Probation Officer has the use of a county vehicle and cell phone for county business. Other county vehicles and cell phones are assigned to county employees, by him, as needed. Cell phone usage is at a minimum. They are used by the juvenile department and are available for use when using a county vehicle.
F4: One complaint, regarding medication that was prescribed and given to a juvenile, was investigated by this committee. This investigation revealed the claimant misunderstood that the medications were prescribed for the juvenile by another county and upheld by an order from a judge in Trinity County.
Related Recommendations (1)
R4: In dealings with juveniles, the parent/guardian should have all information regarding the juvenile’s health and well being and access to their child’s records. CONCLUSION: Considering the loss of staff due to budget cuts, the Juvenile Detention Facility is well run by an efficient staff. We found the staff to be professional, concerned and compassionate people doing an excellent job of caring for the juveniles in their care. The staff is commended for the job they are doing. ENTITY FINDING RECOMMENDATION RESPOND IN Trinity County Chief 3,4 3,4 60 days Probation Officer Trinity County Board of Supervisors 3,4 3,4 90 days
Findings & Recommendations 1 findings
F1: Planning Department approvals expire after two years if final maps have not been recorded. This is not in writing, so people are not really informed of this expiration. This leads to a misunderstanding by the applicant.
Related Recommendations (1)
R1: Trinity County Grand Jury has recommended that applicants be notified of all time limits, in writing, on all approvals to avoid any future misunderstandings. CONCLUSION: A letter has been sent to Trinity County Planning Director advising him of this problem, requesting all approvals show time limits, in writing, so there will be no further misunderstandings. Mr. John Jelicich stated to the Grand Jury that he would comply with this request. The 2005-2006 Grand Jury should follow up on this recommendation to insure its compliance. This Grand Jury would like to commend the Director of Building & Development Services and the Planning Director for their professionalism and cooperation in resolving this complaint. ENTITY FINDING RECOMMENDATION RESPOND IN Trinity County Planning 1 1 60 days Department Trinity County Building & 1 1 60 days Development Services Trinity County Board of Supervisors 1 1 90 days
Findings & Recommendations 1 findings
F1: County employees are paid once a month. This requires the employees to anticipate approximately 10 days a month, in advance, as to how many hours they will work each particular month. Employees are also on the “honor system” every day as to the time they arrive and leave in the morning and at lunch, as well as, the end of the day.
Related Recommendations (1)
R1: The county is fully computerized and should implement a two week pay schedule. By withholding a two week (2) period and paying the two week period actually worked, rather than paying an amount estimated by each employee, it would eliminate any possible errors. The Grand Jury also sees the need for time clocks, rather than the “honor system”. It wouldn’t be necessary for each department to have one, if each building had one centrally located. This should be a “hand scan” machine such as those used at private businesses to avoid fraudulent usage. It has been proved to be a considerable savings to the businesses and public entities that use them. CONCLUSION: The Grand Jury feels the payday schedule is outdated. It may have been acceptable before the age of computers, however, it leaves too much room for error with the number of employees on the current payroll. Individuals keeping track of their own hours seems outdated as well. Time clocks would eliminate this and would most likely be a financial savings to the county. This report is not meant as a criticism, merely a recommendation we feel is long overdue. We feel the Board of Supervisors are doing a good job and should be commended during this financially trying time. ENTITY FINDING RECOMMENDATION RESPOND IN Trinity County Board 1 1 90 days Of Supervisors Auditor/Controller 1 1 60 days
Findings & Recommendations 5 findings
F1: There were several complaints regarding the mail system. These complaints were investigated and found to be caused by budget cuts and lack of trained personnel, sheriff patrol officers were assigned to jail duty and did not have proper training regarding mail policy.
Related Recommendations (1)
R1: If officers from other sections are assigned to jail duty, they must be properly instructed and trained in the mail policy, set out in the procedure manual, prior to their first duty date, with emphasis on confidential mail.
F2: After interviews with the sheriff and other jail personnel, it was found that most of the complaints regarding medication are because county policy dictates the use of generic medication rather than brand names, whenever possible. Other complaints were from inmates stating they were not allowed to have over-the-counter remedies in their possession. After interviewing the sheriff, it was learned that policy states no inmate can have medications on their person or in their possession.
Related Recommendations (1)
R2: In the information sheet given to all inmates regarding policy and regulations, it should be noted that all medications will be generic (unless otherwise prescribed by their doctor) according to county policy and that medications are only ordered as needed. There is never more than a few days supply on hand at any time. Staff should check all medications on Wednesday for doctor approval and reorder, and orders placed for the medications at that time, to assure that no inmate runs out of his medications over the week-end.
F3: It was learned that a new telephone system had been replaced and located in the dorm. This system was more reasonable, cost wise, to the inmates. However, the phone was dismantled by the inmates, rendering it unusable. There is always a telephone available in the hall for the inmates to use by filing a request for it and having a time assigned to them.
Related Recommendations (1)
R3: No recommendation. It was felt by the committee that there is a telephone available for use to call the inmates attorney and probation officer, when needed. Due to the fact the inmates were responsible for the destruction of the telephone in their dorm, we found this to be a satisfactory solution.
F4: After interviewing the sheriff, we learned the inmates are responsible for the cleaning of their general living spaces. They are provided with a cart of cleaning supplies and are expected to clean their showers, bathroom, etc.
Related Recommendations (1)
R4: No recommendation. The inmates are responsible for the cleanliness of their section of the facility.
F5: There were several things noted in the physical plant that should be brought to the attention of General Services for repair. One is the window in the entry door leading to the exercise yard. This is a double paned window with wire between the panes. The outside glass pane is cracked. The showers are in need of repair and new shower curtains are also needed.
Related Recommendations (1)
R5: The Jail commander should place a work order for each of these findings to General Services and follow up to see that the repairs are completed. CONCLUSION: The kitchen was one area where no complaints were received, but an inspection was done by the Grand Jury and found it to be in excellent condition. The staff should be commended for the cleanliness, efficiency and excellent food preparation. Considering the cuts in the budget for the Sheriffs Department, it was found that Sheriff Craig and his staff are doing a satisfactory job working within the budget and using personnel from all areas of the department to staff where needed, and should be commended for their efforts. ENTITY FINDING RECOMMENDATION RESPOND IN Trinity County 1,2,3,4,5 1,2,5 60 days Sheriffs Department Trinity County Board 1,2,3,4,5 1,2,5 90 days of Supervisors
Findings & Recommendations 1 findings
F1: The Development and Environmental Committee found that these departments complied with all requirements and recommendations that were required of them, to insure that all work was done on time and all codes were met. The Department of Transportation is going to amend the shoulder of the existing asphalt to bring it up to the road level as time and funding permits.
Related Recommendations (1)
R1: The 2005-2006 Grand Jury should follow up on Finding 1 for completion. CONCLUSION: The Department of Transportation, Environmental Compliance Specialist, Building and Development Services, Trinity County Environmental Health, Water Quality Control Board, Department of Fish and Game and R. Brown Construction have done a commendable job during a period of severe fiscal limitation. ENTITY FINDING RECOMMENDATION RESPOND IN Department of 1 1 60 days Transportation Trinity County Board 11 90 days of Supervisors
Findings & Recommendations 2 findings
F1: (Quoting from Chief Judge Emeritus, Lawrence K. Karlton, United States District Court, in his order on motion to dismiss based on outrageous government conduct, U.S. vs. Spruth, Spruth and Rowley, Order dated May 19, 1998.) "It must be emphasized from the outset that this is not a case in which the government's conduct was such as to represent 'no danger of distribution.1 On the contrary, as much as a hundred thousand doses of methamphetamine were distributed. Nor is this a case in which law enforcement did not Violate any federal statute or rule or commit any crime in infiltrating the defendant's drug enterprise'. On the contrary, here the agents, at a minimum, aided and abetted the manufacture and distribution of methamphetamine, and given the fact that the agents received money rather than drugs, could properly be viewed as having conspired to manufacture and distribute methamphetamine, both being federal crimes. Moreover, it is not without significance that almost every aspect of the BNE's reversal policy designed to protect the public was treated with disdain." "In this court's view the agents' loss of perspective led to outrageous behavior." "It seems certain that the denial of the defendants' motion will simply send the wrong message to law enforcement. These law enforcement officers have demonstrated beyond peradventure of a doubt that they are focused exclusively on "the bottom line," and the bottom line in this proceeding is that the irresponsible behavior of these officers will have no consequences. It is the height of naiveté, to believe that the court's expression of concern will affect their conduct in any way."
Related Recommendations (1)
R1: The Trinity County Board of Supervisors should adopt an ordinance making the use of "reverse sting" narcotic investigation illegal in Trinity County unless local law enforcement officials are first informed and also assured that illegal drugs will not be distributed to the public. If Trinity County has no authority to adopt such an ordinance controlling the practice of reverse stings in this county, perhaps an ordinance mandating our local law enforcement be notified prior to a sting and include an assurance the methamphetamine will not be distributed to the public.
F2: The testimony within the trial transcripts and evidence presented raised a question whether monetary gain versus recovery of the methamphetamine produced became a priority during the reverse sting operations. One financial aspect was not fully addressed and remains an open question: What happened to the approximately $2.6 million revenue from the street sale of 130,000 + doses of methamphetamine? And what happened to the BNE/SINTF profit gained by the sale or barter of 102 and 1/2 pounds of ephedrine @ $1,000 per pound or its equivalent, and the pseudoephedrine sold to Molko?
Related Recommendations (1)
R2: This should be investigated. The lab and the "bust" took place in Trinity County. In April of 2000, The U.S. District Court released seized funds that were generated in this county. Perhaps the Board of Supervisors should have the authority to adopt an ordinance to have some control over "reverse stings" that occur in Trinity County. CONCLUSION: Case law defines the Grand Jury as the "conscience of society." Acting in that capacity, this Grand Jury finds the illegal conduct of the officers/ officials in the 1995 and 1997 reverse stings chronicled in this complaint, to be completely shocking to the conscience of society. In each of these reverse stings preventable criminal enterprises were established and funded because the government provided precursor chemicals otherwise not easily available. The end result was that the public was poisoned with over 100,000 doses of methamphetamine, as well as toxic waste from the manufacturing process. Permitting such conduct merely to gather evidence and convict a few drug manufacturers is unthinkable. This Grand Jury finds that in the reverse stings targeting Spruth, Spruth, Rowley and Molko the officers/officials conduct was so excessive, flagrant and offensive as to violate constitutional limits and a universal sense of justice. Every effort of this Grand Jury, as well as the efforts of the 2003-2004 Grand Jury to return a true bill of indictment in this investigation have been vigorously opposed by law enforcement and the government powers that bE, (including, but not limited to, the Attorney General). Not withstanding the monumental efforts to resolve this very serious complaint, we have run the gamut of all legal options and methods in an effort to prosecute this issue only to have ALL doors closed. The 2004-2005 Grand Jury spent hundreds of hours researching the court documents and have come to the same conclusion as the 2003-2004 Grand Jury. We feel these deplorable actions must be stopped. We have gone to great lengths and a tremendous amount of work, to no avail. The response to our interview with the District Attorney was, "there were no criminal acts committed by the BNE agents in the reverse sting operations involving the Spruth brothers". The response from Bill Lockyer, State Attorney General, was that the previous Attorney General, Dan Lungren determined that "the agents had acted appropriately and concluded that their actions did not violate the law". The Grand Jury also wrote to California Assemblywoman, Patty Berg and California Senator, Diane Feinstein, seeking their advice. However, the Grand Jury was not awarded the courtesy of a reply from either Ms. Berg or Ms. Feinstein. This is a very frustrating end to two years of work by both the 2003-2004 and the 2004- 2005 Grand Jury. ENTITY FINDING RECOMMENDATION RESPOND TO Trinity County 1,2 1,2 60 days District Attorney County Counsel 1,2 1,2 60 days Trinity County 1,2 1,2 60 days Sheriffs Office Trinity County Board 1,2 1,2 90 days of Supervisors
Findings & Recommendations 2 findings
F1: Part time Veterans Service Office, at present, leaves veterans unable to depend on and have access to the Veterans Service Office. From complaints received, we found the lack of availability of this department to cause a hardship to veterans who sometimes travel a great distance to find the department closed on the days it's advertised as being open. We also received complaints that correspondence was not always responded to. Following are some direct quotes from complainants as to solutions to the problems. 1. ANSWER THE PHONE DURING BUSINESS HOURS. 2. IF A VETERAN ASKS FOR AN APPOINTMENT, GIVE THE VETERAN AN APPOINTMENT. 3. AT THE TIME OF THE APPOINTMENT, HEAR THE VETERAN OUT. DON'T TRY TO SECOND GUESS. 4. ONCE HAVING DETERMINED THE VETERAN'S NEEDS, PROVIDE ASSISTANCE. TRUE, ANY ONE PERSON DOING THIS JOB MAY NOT KNOW HOW OR WHAT TO DO TO ASSIST. AT THAT POINT, PICK UP THE PHONE OR WRITE TO THE VA AND FIND OUT. 5. TREAT EACH VETERAN WITH CONSIDERATION AND RESPECT. THIS MEANS ALL VETERANS. Some of these problems are possibly due to the lack of time by the part time Veterans Service Office Representative. Information from the report to the Board of Supervisors states that veterans benefits come in many forms, including disability compensation for service connected and non-service connected disabilities, health care, vocational rehabilitation, burial allowances, dependent and survivor compensations and college tuition waivers for dependents. According to the Veterans Administration, about one-third of the nation, which includes dependents and survivors may be eligible for Veteran Administration benefits and services. Perhaps more veterans would be processed in Trinity County if this department was open full time. Mr. Bevard stated in his report to the Board of Supervisors, that some Trinity County veterans apply for benefits in Humboldt and Shasta counties. Our understanding is that Trinity County receives it's funding partly from the state, determined by the veteran population in each particular county. It seems that if veterans are applying in other counties, Trinity County is losing money and this could very likely be being caused by the inability of access to the current Veterans Service office hours. Mr. Bevard's report also stated that Trinity Countys veterans now receive benefits totaling 12.6% versus 11% state average. In Fiscal Year 2003-2004, Trinity County veterans obtained the highest "one time benefit", statewide.
Related Recommendations (1)
R1: Trinity County should hire a full time, five day a week, Veteran Service Officer and give him/her Department Head status, thus eliminating Brian Muir's position as Department Head and relieving him of additional responsibilites.
F2: According to our interview with Mr. Bevard, as of this date, there is no county transportation or time available for the Veterans Service Office to transport veterans to and from the Veterans Adiminstration Clinic in Redding, Ca.
Related Recommendations (1)
R2: Assign the Veterans Service Office a vehicle or access to a vehicle through a motor pool with a designated, specific one day per week, month or as needed, to transport veterans to and from the Veterans Administration Clinic in Redding. This office would be closed on that specific day each week or month and all veterans would be informed of that particular day. This would eliminate the unnecessary travel for veterans when the office was closed, as well as assisting veterans with transportation to the Clinic for those who needed it. CONCLUSION: Due to findings 1 and 2, the 2004-2005 Trinity County Grand Jury feels it would be beneficial to the county to accept these recommendations. ENTITY FINDING RECOMMENDATION RESPOND IN Trinity County 1,2 1,2 90 days Board of Supervisors Veterans Service 1,2 1,2 60 days Officer County Counsel 1 1 60 days