Tulare County 2008-2009 - California Grand Jury Reports

F1: the BOS salaries. This Ordinance Code Section was With the recent economic downturn, it is understandable how adopted on September 22, 1998, at a regularly scheduled the BOS salaries became a controversial issue. The local BOS meeting in public session, and it was posted in the publicity and accusations that the BOS increases were not made Visalia Times-Delta as required. public is not supported by the evidence. All applicable County rules and procedures were followed. The Tulare County BOS On September 30, 2008, in accordance with the Ordinance

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R2: 11 7 (1) TULARE COUNTY GRAND JURY REPORT 2008-2009 TULARE COUNTY LIBRARY SYSTEM BACKGROUND FINDINGS The fourth County Library in California was established by the During the fiscal year 2002-2003, of 177 reporting 1. Tulare County Board of Supervisors (BOS) on June 10, 1910. California Public Libraries, the TCLS spent $8.55 per The Tulare County Library System (TCLS) operates 15 branch capita.1 This figure was the eighth lowest in the state. libraries (see Figure 1). The TCLS is a member of the San The statewide mean (middle point between extremes) is Joaquin Valley Library System, which is a cooperative network of $26.34. ten public library jurisdictions in seven counties of California's Central Valley, including: Coalinga-Huron, Fresno County, Kern For the same time period and reporting entities, the TCLS 2. County, Kings County, Madera County, Mariposa County, Merced provided 1.18 books per capita. This was the 17th lowest of the 177 reporting California Public Libraries. The County, Porterville Public, Tulare County and Tulare Public. The TCLS is also a member of the Heartland Regional Library statewide mean was 2.16. The library's collection of more than 300,000 volumes includes books, magazines, Network, which is composed of public, academic, school and special libraries in Mariposa, Madera, Fresno, Tulare, Kings and newspapers, videos and audio books. Kern Counties. 3. The materials budget including books, microfilms, periodicals, DVDs, CDs and audio books for FY 2008- REASON FOR INVESTIGATION 2009 is $1,124,854. On its own initiative, the . The 2008-2009 operating budget for the TCLS is investigated the Tulare County Public Library System services. $4,775,689. This budget supports 36.6 positions. PROCEDURES FOLLOWED 5. The Library provides multiple literacy programs customized for adults, children, English speakers of other 1. Multiple library branches were visited. languages and County jail inmates. 2. Relevant witnesses were interviewed. 3. Relevant documents were examined. These figures are the most recent that were provided by the Tulare County Librarian who indicates that "there has been no significant movement in the rankings, either way." 6. Individual library hours of operation (see Attachment A) As of February 28, 2009, the TCLS has a fund balance of 10. vary widely; the weekly hours are: $2,066,022. These funds have been accumulated by the County Librarian over time and cannot be converted to the General Fund of the County. According to the BRANCH HOURS PER WEEK County Librarian, "There are no current plans to spend this money. The purpose of the balance is to keep the Alpaugh 14 35 Dinuba Library from having to borrow money, to earn interest for 28 the operational fund and to weather moderately bad Earlimart 35 budget scenarios for multiple years without having to cut Exeter 14 back on established services." Ivanhoe 34 Lindsay 21 Orosi 11. The TCLS currently owns one bookmobile and one Techno-mobile 2 that are NOT in service and are stored at Pixlev 40.5 21 the Road Yard on Lovers Lane at Road 256. The plan is Springville Strathmore 14 to restart these services this fiscal year; however, this Terra Bella 22 (25 during the summer) decision will be made by May 2009. Three Rivers 20 14 CONCLUSIONS Tipton Visalia 47 Woodlake 20 The amount spent per capita and books owned per capita in Tulare County falls significantly below the statewide mean. The 7. Only the Pixley and Visalia branches are open on TCLS consistently maintains a fund balance that appears to Saturdays. greatly exceed the stated needs. The hours of operation in the various branches appear to be inadequate. Many of the smaller 8. The Grand Jury found that the posted hours of operation communities in the County rely on the bookmobile and Techno- are not always observed. mobile and they are not being served. 9. Some of the County Public Libraries are jointly run by the County and the local school districts, specifically Pixley and Terra Bella. In these cases, the school district pays the Librarian's salary. The Pixley Unified School District is 2 A bookmobile is a bus-type traveling library that services those communities currently separating themselves from the Joint Library that do NOT have a permanent library building. A techno-mobile is a bus-type Services System. The Woodlake School District owns the vehicle that is filled with computers and services those communities which do building in which the Woodlake Branch resides. NOT have a permanent library building. GRAND JURY REPORT COUNTY 2008-2009 E.A. Air. - Figure 1 RECOMMENDATIONS 1. The Librarian should submit a yearly report to the BOS detailing his plan to reduce the Library's EXCESSIVE fund Dinuba balance. Orosi/Cutler 198 2. Increase the annual materials budget. 63) 99 Three 3. Increase the hours of operation in the various branches Woodlake Ivahhoe Rivers to include some weekend hours. Visalia -(198) Immediately return the bookmobile and Techno-mobile to 4. Exeter full operation. 5. Adhere to posted hours of operation. ...Lindsay (137) RESPONSES REQUIRED .•Strathmore Springville ! Tulare County Board of Supervisors ■Tipton Tulare County Librarian (190) •Terra Bella Pixley Alpaugh ■Earlimart (65) Attachment A HOURS HOURS BRANCH BRANCH Alpaugh 10 am-12 pm, 1 pm-6 pm Springville Mon. Tues. 10 am-1 pm, 2 pm-6 pm 3816 Avenue 54 35800 Highway 190 12 pm -- 5 pm, 6 pm--8 pm Wed. Thurs. 10 am-1 pm, 2 pm-6 pm 559 949-8355 559 539-2624 10 am-12 pm, 1 pm-5 pm Fri. 10 am-1 pm, 2 pm-6 pm Mon. 12 pm-5 pm, 6 pm-8 pm Dinuba Strathmore Tues. Tues. 10 am-1 pm, 2 pm-6 pm 150 South "I" St. 10 am-1 pm, 2 pm-6 pm 19646 Road 230 Wed. Thurs. 10 am-1 pm, 2 pm-6 pm Thurs. 12 pm-5 pm, 6 pm-8 pm 559 568-1087 559 591-5829 10 am-1 pm, 2 pm-6 pm Fri. Mon. 8:30 am-11:30 am, 12 pm-2:30 pm Mon. 10 am - 1 pm. 2 pm - 6 pm Terra Bella Tues. 8:30 am-11:30 am, 12 pm-2:30 pm Earlimart Tues. 10 am-1 pm, 2 pm-6 pm 23825 Avenue 92 Wed. 8:30 am-11:30 am, 12 pm-2:30 pm 780 E. Washington Wed. 10 am-1 pm, 2 pm-6 pm 559 535-5583 Thurs. 8:30 am--11:30 am, 12 pm--2:30 pm 661 849-2525 Thurs. 10 am-1 pm, 2 pm-6 pm 8:30 am-2:30 pm Summer hours Mon. - Fri. 12 pm-5 pm, 6 pm-8 pm Mon Exeter Three Rivers Tues. 12 pm-5 pm, 6 pm-8 pm Tues. 10 am-1 pm, 2 pm-6 pm 230 E. Chestnut 42052 Eggers Dr Thurs. 10 am-1 pm, 2 pm-6 pm 12 pm-5 pm, 6 pm-8 pm Wed. 10 am-1 pm, 2 pm-5 pm 559 561-4564 Fri. 559 592-5361 Thurs. 10 am-1 pm, 2 pm-6 pm 10 am-1 pm, 2 pm-5 pm Fri. Ivanhoe Tipton Tues. 10 am-1 pm, 2 pm-6 pm Tues. 10 am-1 pm, 2 pm-6 pm 15964 Heather 301 E. Woods Ave. Thurs. 10 am - 1 pm, 2 pm - 6 pm Thurs. 10 am-1 pm, 2 pm-6 pm 559 752-4236 559 798-1264 10 am-1 pm, 2 pm-6 pm Mon. Mon. thru Thurs. 10 am—8 pm Lindsay Visalia Tues. 12 pm-5 pm, 6 pm-8 pm 157 N. Mirage St 200 W. Oak Ave. 10 am-5 pm Sat. 10 am-1 pm, 2 pm-6 pm Wed. 559 562-3021 559 713-2700 Thurs. 12 pm--5 pm, 6 pm--8 pm 10 am-1 pm, 2 pm-5 pm Fri. Mon. thru Thurs. 1 pm - 5 pm History Room Orosi 10 am-1 pm, 2 pm-6 pm Mon. 10 am-1 pm, 2 pm-6 pm Mon. Woodlake 12646 Avenue 416 10 am-1 pm, 2 pm-6 pm Wed. Wed. 10 am-1 pm, 2 pm-6 pm 400 W. Whitney 559 591-5830 10 am-1 pm, 2 pm-5 pm Fri. 10 am-1 pm, 2 pm-5 pm Fri. 559 564-8424 8 am-12 pm, 1 pm--5 pm Mon. Pixlev 11 am - 3 pm, 4 pm - 8 pm Tues. Pixley Union Elementary The information in this Figure was taken from the 8 am-12 pm, 1 pm-5 pm Wed. School Tulare County Library website. Thurs. 11 am-3 pm, 4 pm-8 pm 300 North School www.tularecountylibrary.org 11 am - 3 pm Fri. 559 757-3880 Sat. 2 pm-6 pm TULARE COUNTY GRAND JURY REPORT 2008-2009 TULARE COUNTY GRAND JURY REPORT 2008-2009 TULARE COUNTY'S PROPOSED NEW MOTOR POOL 1. The Tulare County Resource Management Agency's (RMA) BACKGROUND Support Services Division is in charge of the proposed new Motor Pool development. The Tulare County Motor Pool (Motor Pool) houses and maintains County vehicles (Fleet Service) assigned to specific Bids for the Motor Pool will be solicited and construction 2. departments, which are used for business conducted both in completed in two separate phases. and outside Tulare County and is presently located at the Tulare County Civic Center. Construction of a new Motor Pool facility The entire Motor Pool project will consist of the following: 3. supports the County of Tulare's Strategic Business Plan Initiative A modular steel building, approximately 10,080 a. No. 4, by combining all Fleet Services onto one site, thereby square feet, will contain six service bays, one bulk creating opportunities to maximize efficiencies and reduce storage bay, and approximately 1,680 square feet for redundancies. The Tulare County Road Yard, located on the parts storage and administrative space including southeast corner of Lovers Lane and Avenue 256, south of restroom facilities Visalia, was chosen for the proposed new Motor Pool facility. Approximately 20,000 square feet of new asphalt b. pavement for outdoors car storage, parking areas, REASON FOR INVESTIGATION circulation, and access driveways Under California Penal Code Section 925a, the 2008-2009 This project is included in the proposed Capital Projects 4. Tulare County Grand Jury decided to investigate the proposed budget. new Motor Pool facility for Tulare County. The Tulare County RMA engineer's estimate of the total 5. PROCEDURES FOLLOWED cost of Phase I was $529,000. Relevant witnesses were interviewed. 1. Funded through the Road Budget, trenching and incidental 6. site preparation is included in Phase I and will cost 2. Relevant documents were examined. $23,000. The proposed new Motor Pool site was visited. 3. 7. The engineer's estimate of the total cost of Phase II was $722,832. FINDINGS 8. The engineer's estimate for the total cost of the Motor Pool and mandated by California Labor Code Section 1773 for was $1,240,682. contracted public works projects. Phase I includes: 15. On December 9, 2008 the BOS authorized its Chairman to 9. Pouring the foundation sign the construction agreement upon receipt of certificates a. of insurance, bonds, license verification and contract after Erecting a pre-engineered metal building b. review and approval as to form by County Counsel. Installing bay doors c. Stubbing in all utilities d. Framing for the offices that will house staff 16. The contract, work will begin within 10 calendar days after e. Fire protection system the date the Notice to Proceed (NP) is received by the f. contractor and subject to authorized adjustments. Phase II includes: a. Installation of previously purchased maintenance 17. The contract stipulates that substantial completion of the work shall be achieved not later than 150 days after the equipment b. Completion of the interior to include insulation, contractor receives the NP. finishing of the parts storage and administrative spaces, interior utilities and environmental systems 18. The contractor is liable for damages in the amount of $100 c. Remodel existing car wash facility using a Job Order per calendar day beyond the completion date. Contract 19. An approved set of stamped architectural plans needs to be submitted to the Tulare County Building Department before 11. The contents of two maintenance garages located at the Tulare County Civic Center will be relocated to the new permits can be issued. Motor Pool Facility. 20. Inspection will be done as work is completed. 12. On October 30, 2008, five independent contractors submitted bids to the Clerk of the Tulare County Board of 21. Currently, there are three manual hand-wand car wash Supervisors (BOS). On December 9, 2008, the lowest systems, two at the County Yard and one at the Men's responsible bid, $517,850, was delivered to the BOS. Correctional Facility. 22. The County has a contract with two full car wash services- 13. On January 15, 2009, a contract for phase I was executed. Kwik N Kleen in Tulare and Town & Country in Visalia. 14. The contract stipulates that prevailing wages are to be paid as established through the Director of Industrial Relations 23. Acapulco Car Wash is used in Porterville, however a credit account is used instead of a contract. TULARE COUNTY GRAND JURY REPORT 2008-2009 24. As of March 10, 2009, a total of $18,564 for 3,307 car DO NOT renew the car wash contracts; saving the County 3. washes had been expended for the 2008-2009 FY as approximately $25,000 per year. follows: The Visalia car wash was paid $15,996 for 3,100 RESPONSES REQUIRED a. washes. b. The Tulare car wash was paid $1,982 for 158 washes. Tulare County Board of Supervisors The Porterville car wash was paid $586 for 49 C. Tulare County Resource Management Agency washes. 25. As of March 31, 2009, construction of Phase I had not yet begun as all the required permits have not yet been issued. However, the County is currently undertaking trenching and site preparation. 26. Funds for Phase II are available. However, the bidding process is not expected to begin until the 2009-2010 FY. CONCLUSION Completion of this project may relieve, to some extent, the limited public parking at the Tulare County Civic Center. Employees, jurors, and the handicapped occupy most of the available Civic Center parking spaces; leaving approximately 100 parking spaces for public use. RECOMMENDATIONS With the exception of Porterville, all County vehicles use the 1. car wash available at the County Yard. 2. Move all County motor pool vehicles parked at the Civic Center to the new Motor Pool facility, which will allow additional public parking spaces. EDUCATION EDUCATION STATUS OF HARASSMENT POLICIES IN TULARE COUNTY HIGH SCHOOLS BACKGROUND For centuries, students across America have been targeted for harassment.2 Tulare County high schools are no stranger to harassment.3 Consequences of harassment can be severe, On September 11, 2007, Governor Arnold Schwarzenegger affecting the mental and physical well-being of targeted signed The Safe Place to Learn Act Assembly Bill 394 (AB 394). students, staff members and innocent bystanders. This bill reinforces the California Student Safety and Violence Prevention Act of 2000 (AB 537), which is the current law. AB 537 amends the California Education Code Section 35294, REASON FOR INVESTIGATION which prohibits discrimination against and harassment of students and staff based on sex, ethnic group identification, In compliance with Penal Code Section 925a, the 2008-2009 race, national origin, religion, color and mental or physical Tulare County Grand Jury was concerned about harassment in disability. Bills AB 394 and Senate Bill 777 (SB 777)1 became schools and decided to investigate how the County high schools law on January 1, 2008. AB 394 provides California school handled harassment issues. districts with required resources to update their anti- discrimination materials and training processes. School districts PROCEDURES FOLLOWED are now required to adopt anti-harassment policies, train teachers, and keep records of reported incidents and how they A questionnaire was sent to 18 high schools in the County: 1. were resolved. Alpaugh, Dinuba, El Diamante, Exeter, Farmersville, Golden West, Granite Hills, Lindsay, Mission Oaks, Monache, Mt. The Safe Schools Coalition stated that schools with anti- Whitney, Orosi, Porterville, Redwood, Strathmore, Tulare harassment programs, involving parents, non-teaching staff, Union, Tulare Western and Woodlake. teachers and student leaders have been shown to help reduce harassment and to promote civility and stability within our high 2. Relevant documents were reviewed. schools. 3. Relevant personnel were interviewed. 2 "Harassment is a repeated negative behavior that takes advantage of a less SB 777 The California Student Civil Rights Act simplifies and clarifies existing civil rights protections for California students by providing an explicit powerful person. The negative behavior may involve physical violence, name- and clear list of all the prohibited bases of discrimination in publicly funded shunning, calling, shaming, threatening, and cyber-bullying." kindergarten through grade twelve schools (California School Board www.waparentslearn.org 3 Loomis vs. Visalia Unified School District 262 F. Supp. 2d 1088 Association-SB 777 Questions and Answers). TULARE COUNTY GRAND JURY REPORT 2008-2009 TULARE COUNTY GRAND JURY REPORT 2008-2009 FINDINGS Question 5: Do you keep track of the victims and perpetrators of harassment in your high school? All schools have a tracking system in place. The questionnaire is for the 2008-2009 school year and 1. consists of the following: Question 6: Do you have programs for teachers if they are a victim of harassment from students at your high school? Question 1: Do you have programs in your high school to deal with harassment at school? a. Thirteen schools reported "Yes." b. Five schools — Farmersville, Strathmore, Tulare Union, Tulare a. Fifteen schools reported that they have some type of Western and Woodlake - reported "No." harassment program. b. Three schools — Alpaugh, Tulare Western and Woodlake — do not have any type of program in place. Although these Question 7: Do the teachers in your high school have any schools state they do not have a harassment program they training on your harassment programs before school begins follow their district Policy and Procedures. (Tulare Western is each year? in the process of creating a program.) a. Fifteen schools reported "Yes." b. Three schools - Orosi, Strathmore and Tulare Union- Question 2: Are students aware of your programs? reported "No". a. Fifteen schools reported "Yes." b. Three schools - Alpaugh, Orosi and Woodlake - reported Question 8: Does your school have law enforcement available "No." on school campus? Question 3: Do students have an assigned person they can go a. Sixteen schools reported "Yes". b. Two schools — Lindsay and Strathmore — reported "No." to if they are being harassed? All schools reported that their students know where to go if they Question 9: How many incidents dealing with harassment were reported from your high school in the 2007-2008 school need help. year? Question 4: Do you notify the victim's and the perpetrator's parents when an incident is reported? A total of 178 incidents were reported from the following high schools: All schools notify the parents/guardians of a student involved with a harassment incident at school. d. Exeter 3 3. Several high schools use the Breaking Down the Walls 8 Program:4 Dinuba, El Diamante, Farmersville, Golden West e. Farmersville f. Granite Hills 6 and Redwood. Golden West 19 g. Tulare Union High School has implemented the Crossing h. Lindsay 4. 0 the Line program.5 Mission Oak i. Monache 17 Mt. Whitney 5. All schools are required to follow the California Education k. Code Section 200-201 (printed at the end of this report). Orosi I. 5 m. Porterville 11 CONCLUSIONS n. Redwood Strathmore 2 7 p. Tulare Union Not all high schools in our County have harassment programs. Schools without harassment programs are clearly in violation of Tulare Western Woodlake 5 AB 394, which places students' and staff members' health, safety and welfare at risk. Question 10: How many expulsions did your high school have for the school year 2007-2008 dealing with harassment? RECOMMENDATIONS A total of eleven students were expelled from the following high Comply with AB 394 and SB 777. 1. schools: El Diamante 2 a. Farmersville 1 b. Golden West C. Breaking Down the Walls is a program designed to tear down the 2 Mt. Whitney d. boundaries that may exist among students and teachers within their school. Orosi 4 e. The program tries to get students to talk to their peers they would normally Tulare Western 1 f. never talk to. One of the goals is to help students realize that while they may come from very different backgrounds, they may also have very much in common; they may have many of the same problems. Some schools are more diligent in following through with 2. their policies and reporting their incidents. Crossing the Line is a program designed to explore student diversity so they can learn to address their differences. Students gather on one side of the room facing the center and then specific categories/labels/descriptions are called out. For example, a student feels embarrassed about the economic situation of his/her family; he/she walks to the other side of the room and turns around, thus Crossing the Line. Students see that they have more in common than they realize. (CIRVAIN D) ALUEN TULA COUNTY REPDRI 3 - 2 11113 2. Provide written documents to all students, staff members, parents and guardians with the school's policy on harassment. 3. Educate parents and guardians about school harassment programs. Encourage students to report incidents of harassment. 4. 5. Implement uniform harassment policies in all schools. Require all school personnel to undergo training/retraining 6. on harassment programs prior to the beginning of each school year. RESPONSES REQUIRED Alpaugh High School Dinuba High School El Diamante High School Farmersville High School S. Golden West High School Granite Hills High School 'to educate," Lindsay High School Mission Oaks High School Monache High School Mt. Whitney High School Orosi High School Porterville High School Strathmore High School Tulare Union High School Tulare Western High School Woodlake High School CALIFORNIA EDUCATION CODE SECTION 200-201 It is the intent of the Legislature that each public school (f) Section 200. It is the policy of the State of California to afford undertake educational activities to combat discriminatory all persons in public schools, regardless of their disability, incidents on school grounds and, within constitutional gender, nationality, race or ethnicity, religion, sexual orientation, bounds, to minimize and eliminate a hostile environment or any other characteristic that is contained in the definition of on school grounds that impairs the assess of pupils to hate crimes set forth in Section 422.55 of the Penal Code, equal equal educational opportunity. rights and opportunities in the educational institutions of the It is the intent of the Legislature that this chapter shall be (g) state. The purpose of this chapter is to prohibit acts that are interpreted as consistent with Article 9.5 (commencing with contrary to that policy and to provide remedies therefore. Section 11135 of Chapter 1 of Part 1 of Division 3 of Title 2 of the Government Code, Title VI of the federal Civil Rights All pupils have the right to participate fully in Section 201. (a) Act of 1964 (42 U.S.C. Sec. 1981, et seq.), Title IX of the discrimination the educational process, free from Education Amendments of 1972 (20 U.S.C. Sec 1681, et and harassment. seq.), Section 504 of the federal Rehabilitation Act of 1973 (b) California's public schools have an affirmative obligation to (29 U.S.C. Sec. 794 (a) ), the federal Individuals with combat racism, sexism, and other forms of bias, and a Disabilities Education Act (20 U.S.C. Sec. 1701, et seq.), responsibility to provide equal educational opportunity. the Unruh Civil Rights Act (Secs. 51 to 53, (commencing (c) Harassment on school grounds directed at an individual on with Sec. 12900), Div. 3, Gov. C.), except where this the basis of personal characteristics or status creates a chapter may grant more protections or impose additional hostile environment and jeopardizes equal educational obligations, and that the remedies provided herein shall not opportunity as guaranteed by the California Constitution be the exclusive remedies, but may be combined with and the United States Constitution. remedies that may be provided by the above statutes. There is an urgent need to prevent and respond to acts of (d) hate violence and bias-related incidents that are occurring at an increasing rate in California's public schools. There is an urgent need to teach and inform pupils in the (e) public schools about their rights, as guaranteed by the federal and state constitutions, in order to increased pupils' awareness and understanding of their rights and the rights of others, with the intention of promoting tolerance and sensitivity in public schools and in society as a means of responding to potential harassment and hate violence. TULARE COUNTY GRAND JURY REPORT 2008-2009 TULARE COUNTY GRAND JURY REPORT 2008-2009 ELEMENTARY SCHOOL DISTRICTS AND STATE LOTTERY FUNDS: USES, ACCOUNTING AND COMPLIANCE BACKGROUND source of funding. This was in reaction to the 1978 Proposition 13 ("People's Initiative to Limit Property Taxes"), which had set The California State Lottery (CSL) was established in 1984 limits on what school districts could receive. following voter approval of Proposition 37, known as the "California State Lottery Act." Its mandate was to provide Since 1985, $19 billion of the Lottery monies have been supplemental funding to public education from kindergarten allocated to California schools. Overall, however, they have through college and to several specialized schools. California continued to show a steady decline and a failure to keep pace Government Code1 requires at least 34 percent of total CSL with inflation. California per capita Lottery sales were found to annual revenues to be allocated to public education and 50 represent only one-half of the national average.4 percent to Lottery prizewinners; no more than 16 percent would go to CSL administration.2 Funding would be CSL funds have accounted for 1.9 to 4.6 percent of the total automatically provided based on student average daily kindergarten-through-12th-grade (K-12) spending. In addition, attendance (ADA).3 None of these monies could be used for despite an alarming shortage of textbooks and a rapid growth in property acquisition, the construction of facilities, research or for yearly student enrollment, schools were using most of the any other non-instructional purpose. It was strongly Lottery-generated monies for district employee salaries and recommended that the schools use them for one-time benefits. By 1999 to 2000, 3.7 percent of CSL school monies purchases such as computers, textbooks and field trips. were being spent on books and supplies.5 In 1985 the Legislature reduced its allocation to schools by one- Because of this and the ongoing unpredictability of CSL third. However, a 1988 amendment to the State Constitution revenues, it was the State's recommendation in 1999 that a (Proposition 98 - the "Classroom Instructional Improvement and new category, "restricted funds," be established for single rather Accountability Act") required that a minimum percentage of the than continuing-use applications. budget be spent on kindergarten-through-14th grade education. Existing school budgets would not be affected by this new Voters subsequently approved Proposition 20, the "Cardenas Textbook Act of 2000." It required that one-half of any increase over 1997-98 levels go specifically to instructional materials. California Legislative Analysi's Office, 2008 Budget Analysis. Section 8880.4(a), (1), (2), (5). California Department of Education, Report on Lottery Expenditures for K- 2 These percentages have fluctuated slightly over the years. ADA: the total number of days of student attendance divided by the total 12 Education, 2001-02. number of days in the regular school year. Teacher and staff salaries were still allowed as expenditure but 3. Questionnaires from the following 32 Tulare County elementary school districts were studied: Allensworth, were discouraged. The category included "all materials that are designed for use by pupils and their teachers as a learning Alta Vista, Buena Vista, Citrus South Tule, Columbine, resource and to help pupils to acquire facts, skills, or opinions or Ducor Union, Earlimart, Exeter Union, Hope, Hot Springs, to develop cognitive processes."6 Kings River Union, Liberty, Monson-Sultana, Outside Creek, Pixley Union, Pleasant View, Richgrove, Rockford, Saucelito, Sequoia Union, Springville Union, Strathmore Union, Examples of instructional materials are textbooks, technology- Sundale Union, Sunnyside Union, Terra Bella Union, Three based materials, other printed and non-printed educational Rivers Union, Tipton, Traver Joint, Tulare City, Waukena materials such as tests and maps, arts, crafts and supplies. Equipment required to make use of these materials is not Joint Union, Woodlake Union and Woodville Union. included. Laws, account records, school enrollment statistics and Any remaining funds fall into the unrestricted category. The other pertinent data were examined. purchase of instructional materials is allowed under both 5. Figures 1-3 (at end of this report) were compiled based on categories, restricted and unrestricted.7 the data provided. REASONS FOR INVESTIGATION FINDINGS The 2008-2009 Tulare County Grand Jury became concerned In 2007 the State Lottery Commission approved a 2007- about (a) the current availability and distribution of CSL funds to 1. 2008 budget based on predicted Lottery sales of $3.4 Tulare County's elementary school districts, (b) the range of billion - a one-percent increase over the previous year. Its allocation, spending and accounting patterns among them and projection for the near future shows that this figure is (c) compliance with State law and school district guidelines. The Legislature is now considering an unlikely to grow. increase to the Proposition 98 minimum guarantee PROCEDURES FOLLOWED ("Modernization and Securitization") to offset the loss of Lottery revenue -- and thus help protect education funding. Relevant witnesses were interviewed. 1. Questionnaires were sent to 36 elementary school districts 2. The school share of Lottery revenues is deposited directly 2. (not including districts with high schools) of which 32 into the CSL Education fund, and is then distributed responded. quarterly to the districts. It is maintained by the State Controller. The County Treasurer's Office deposits funds designated for grades K-12 into accounts administered by 6 California Education Code Section 60010 (h). the County Superintendent of Schools. Other allowable purchase categories are cited in California Education Code Section 60010 (h), (m) and (n). COUNTY GRAND JURY REPORT 2003-2003 TULARE TULARE COUNTY GRAND JURY REPORT 2008-2009 educational agencies, California Department of Proposition 20 (restricted) funds, the larger of the two, are 3. Education; received by the school districts at the end of each fiscal year, around September. Unrestricted funds are released School Services of California, Inc. (Sacramento), an b. quarterly. Amounts are based on the previous fiscal year's independent advisory and support organization for ADA. educators. By law, a district's Superintendent or designee should Each entity that receives Lottery funds must report annually 4. 8. establish a separate account for the receipt and to the Governor and Legislature the amount received and distribution of Lottery funds that shall be clearly identified the purposes for which they were used during the previous fiscal year. The State Department of Education reports on as a Lottery education account. In some cases, a Board of Trustees may ask staff and members of the community to behalf of K-12 entities. help make decisions on how Lottery monies are spent. Sometimes district advisory groups and school site councils School district financial statements undergo a yearly 9. independent external audit for compliance with statutory participate in the process. and regulatory guidelines. CSL allocations to each of the 36 elementary school 5. districts for the fiscal years 2006, 2007 and 2008 - both 10. Beginning with Fiscal Year 2008-2009, the yearly external audit will no longer be required on the CSL portion of school the restricted and unrestricted categories - are shown as district financials; however, from year to year, specific revenues in Figures 1 and 2 at the end of this report. requirements ("compliance tests") in certain districts will be (Provided by the Tulare County Office of Education, left to the discretion of State and County agencies and the February 2009.) California Society of Certified Public Accountants. Fiscal Year 2007-2008 CSL expenditures (Figure 3) per 6. 11. The Tulare County Office of Education receives school ADA, are separated into certificated salaries (teaching), district financial reports in September of each year and classified salaries (non-teaching) and books and supplies. examines them for mathematical accuracy only. This information is based on raw data from 2007-2008 Lottery Reports ("Form L"), Revenues, Expenditures and 12. The County submits its entire external audit report to the Ending Balances - All Funds, filed by each school district California State Controller, whose office summarizes their with California Department of Education. (a) financial and (b) program compliance status - and in turn responds with recommendations that help them plan The main accounting guideline resources for County school 7. their future needs. It files its unaudited school district districts are: financial reports ("Form L") with the State Department of California School Accounting Manual (2008 edition), a. Education. for accounting and financial reporting by local 13. The County Office of Education and districts keep a more Buena Vista: It reported it does not generally spend a. Lottery monies on salaries, but in 2008 they were specific record (at school-level) entitled "Detailed General Ledger." used on overtime teacher services — e.g. compensation for service beyond their contract time for overnight trips to SCICON and "weekend events." 14. Allocation and Lottery sales data are also maintained by the CSL. Examples of the latter were visits to a sports tournament and the Museum of Tolerance (Los 15. The only school district showing a Lottery-related Angeles). shortcoming following the FY 2007-2008 external audit Tulare City: The total spent on teacher or substitute b. was Citrus South Tule: "Five invoices totaling $1,826.15 pay and benefits ($140,065) was for enhancement or were found charged to the Proposition 20 Lottery resource enrichment programs. These included: "either staff that was for supplies, not instructional materials. In development, athletics/band/color guard/drama extra addition, one invoice for $938.56 that was for allowed duty time, SCICON stipend or student activities (Circle instructional materials was charged to the State Lottery J, Jazz Festival, Spelling Bee, Art Show, Prose & Poetry, resource instead of Proposition 20 Lottery resource."8 Math Super Bowl)." Because of a misunderstanding, Proposition 20 funds were Woodlake Union: Funds used for extra- and co- incorrectly spent in the amount of $887.49. The district C. curricular activities totaled $69,482. Programs made the recommended correction. included Band, Choir, SCICON, Boys' and Girls' basketball, Boys' and Girls' soccer, volleyball, 16. Twenty-two school districts spent no CSL-fund expenditures wrestling, baseball, softball, track and field, yearbook, for teacher or staff salaries. cross country, color guard, and arts and wood shop materials. 17. The same twenty-two districts found uses for the full amount of received CSL monies and reported that they had 19. The following school districts did not return questionnaires kept the necessary school account records on file. following three direct contacts with their principals and/or superintendents: Burton Elementary, Oak Valley Union NOTE: SOME OF THE FOLLOWING QUOTED RESPONSES ARE Elementary, Palo Verde Union Elementary, Stone Corral EXCERPTED: OTHERWISE THEY ARE UNEDITED AND APPEAR Elementary School. EXACTLY AS SUBMITTED BY DISTRICT OFFICES. ..... 20. The following nine districts shared specific information on any unspent CSL monies in the amount of more than 30 18. The following three districts exercised other options percent of CSL total. regarding their spending on staff or salaries: 8 Citrus South Tule School District, Schedule Of Findings And Questioned Costs. For The Year Ended June 30, 2008. TULARE COUNTY GRAND JURY REPORT 2008-2009 TULARE COUNTY GRAND JURY REPORT 2008-2009 Richgrove: "... has historically utilized lottery funds for Buena Vista: No monies from the restricted Lottery d. a. the purchase of instructional materials." "We follow funds (instructional materials) were carried over. This district did carry over more than 30 percent of the the California Department of Education textbook unrestricted monies. Cited were "some major projects adoption cycle calendar. The major subject-matter that have been in the works": "We are planning to adoptions are for math and language arts. In 2008- 2009, Richgrove adopted a math program with the paint the entire school this year. We also plan to replace computers and network equipment. Lottery supporting technology component. Currently, we are will not cover these costs but will supplement funds to in the final stages of making a decision on adopting an complete these projects." English Language Arts (ELA) program, and an intervention program for English Language Arts (ELA), Hot Springs did not use any Lottery funds under the b. and English Language Development (ELD) with the "unrestricted" category: "100% of our received funds supporting technology component. The unspent funds have been saved to apply toward our next materials saved up in reserves in State Lottery monies for future adoption. As a small district that receives very little expenditures, helps to offset these major cyclical funding in the form of 'adopted funding,' it is expenditures for instructional materials. It is likely necessary for us to save funds to purchase 'teacher that Richgrove will utilize most of these funds this materials.' Teacher materials are provided 'free' to year." each classroom in districts that order quantities of 20 or more student texts per classroom. Because we are Saucelito: "....did carry over more than 30% of State e. Lottery monies at the end of the last fiscal year. Our so small, we are required to pay almost $2,000 for each teacher set or beg the State of California for a beginning balance in 2008/2009 was $35,496.89. In waiver and hope that the publisher is willing to provide discussing this carry over with our business manager the materials for a reduced price or free." "The Hot she indicated that, in error, some unrestricted Springs School District did make use of State Lottery expenditures should have been paid from lottery.....but funds under the 'restricted Resource 6300' in the did not get coded correctly. This matter is being addressed by our business manager and will be 2007-2008 school year. The District received $474.81 from the Lottery Fund and expended $588.28 for resolved by the proper coding of our unrestricted instructional software for students." expenditures." Monson-Sultana Joint Union: "Our district does keep f. Terra Bella Union: "While each year's beginning c. more than 30% of our lottery funds. They are kept for balance may suggest that large sums of money are special activities and events for students and available and have not been spent, that is not the teachers. We also use the funds for items like case. Instead, the beginning balance represents monies that have been received very late in the fiscal playground equipment and for additional classroom year, or they are accounts receivable that will not be supplies." deposited into district accounts until the next fiscal CONCLUSIONS year. The California Lottery distributes proceeds to schools on a quarterly basis using revenue estimates Overall, CSL contributions to schools have been steadily that must be reconciled at the end of each fiscal year. declining because of a decrease in Lottery sales. Amounts Lottery revenues are dependent on many received by individual districts have varied based on their variables, and the budgeted estimates are always fluctuating ADA. A variety of spending and accounting options adjusted at year-end depending on the profitability of were exercised among the 32 County elementary school districts the lottery. Prudence requires that school districts that responded. During the fiscal year 2007-2008, the vast refrain from spending lottery monies until they have majority of Tulare County elementary school district transactions actually materialized." complied with both district guidelines and State accounting and Tipton: Funds not encumbered for 2007-2008 fiscal g. spending regulations. school year are used toward textbook adoptions." RECOMMENDATIONS Traver: "The District is careful in making sure that h. expenses pertaining to enrichment and enhancement Continue to perform external audits on CSL financial 1. of the students gets paid from lottery. Lottery funding statements every three to five years on a definite schedule. is considered unrestricted funding and sometimes the expenses do not get coded to the resources even Burton, Oak Valley Union, Palo Verde Union and Stone though they should be because they are enrichment 2. Corral Elementary school districts: Reply to the 2008-2009 and enhancement expenses for the students. Also Grand Jury's questionnaire. funding we collected from the students to pay for a portion of the expenses of SCICON, etc. was applied RESPONSES REQUIRED back against our expenses making the expenses less. "If the collection of these funds were not applied back Tulare County Office of Education against the expenses, we would not have carried over Burton Elementary School District 30%. The District will be careful in the current fiscal Oak Valley Union Elementary School District year to make sure the expenses pertaining to enrichment Palo Verde Union Elementary School District and enhancement of the present operating programs get Stone Corral Elementary School District charged to lottery funding." Woodlake Union: "Yes, there has been more than i. 30% of the State Lottery money carried over into the 2008-09 fiscal year. This is due to many years of small amounts of carry over that have accumulated to more than 30% this fiscal year." TULARE COUNTY GRAND JURY REPORT 2008-2009 ai Alba Ca. Figure 1 - ANNUAL LOTTERY REVENUES BY ELEMENTARY SCHOOL DISTRICT, RESTRICTED (PROP. 20) FUNDS DISTRICT SCHOOL YEAR DISTRICT SCHOOL YEAR 2007 2007 2006 2008 2006 2008 2,404.26 2.599.16 871.80 20,851.02 17,688.72 11,741.74 Allensworth Richgrove 13,668.80 12,292.38 8,082.05 10,333.90 8,690.86 6,404.68 Alta Vista Rockford 5,057.29 4,381.80 2.901.17 3,765.68 2.812.23 1,583.88 Buena Vista Saucelito 94,314.43 81,543.59 59,305.64 9,830,83 10,559.45 4,739.57 Burton Sequoia 1,201.01 1,250.58 898.14 11,626.96 9,474.07 7,093.78 Citrus South Tule Springville 5.864.73 4.878.97 3,730.71 4,255.35 3.769.72 1,953.83 Columbine Stone Corral 5,864.73 3,814.91 3,082.89 21,193.46 17,865.67 13,354.37 Ducor Strathmore 54.508.49 47,084.98 36,681.54 18,020,70 16,014.01 12,680.98 Earlimart Sundale 54,798.92 46,050.72 11,859.81 35,571.94 11,215.17 6,386.56 Sunnyside Exeter 3,895.10 3,217.04 2,533.64 24,451.44 21,800.54 16,516.19 Terra Bella Hope 750.33 667.22 474.81 5,143.34 4,320.67 2,796.53 Three Rivers Hot Springs 14,948.54 13,445.56 7,880.70 16,428.32 Kings River 13,931.62 11,103.17 Tipton 6,459.57 5,815.60 4,563.89 6.315.29 5.089.85 3,930.13 Traver Liberty 12,292,17 10,400.55 8,068,64 237,866,25 201.661.26 176.533.81 Monson - Sultana Tulare City 5,810.76 12.145.52 10,251.31 8,497.11 5.708.17 3,384.23 Oak Valley Waukena 3,415.48 2,773.07 2,249.70 44,611.27 36,964.94 27,616.80 Outside Creek Woodlake 14,456.56 12,730.80 10,184.62 14,704.94 10,950.96 Palo Verde 17,402.69 Woodville 21,734.68 26,009.74 16,835.42 Pixley 15,779.31 13,648,39 10,107.96 Pleasant View Figure 3 - ELEMENTARY SCHOOL DISTRICT LOTTERY EXPENDITURES BY AVERAGE DAILY ATTENDANCE Classified Salaries Certificated Salaries Books & Supplies $200 5180 $160 $140 5120 5100 $80 560 $40 $20 50 Earliftart Rockford Chrys South Tule Columbine Ducarunon Richerove Stone Cortal Buena Vista Exeter Union Hot Springs Morson Silvana OakValley PaloVerde Pilesant View Saucelito Tara Bala Union Three Briefs Lindon Wasteralont Allersworth Alta Vista And date Union Outside Creek Seduda Unida Somewife Union Stathnote Union Syndale Union Tipton Traver TulareCity Woodskerhon Woodville Infor Sunnyage Union CO GRA = P 2008-2009 HEALTH & WELFARE HEALTH & WELFARE HIV/ AIDS EDUCATION AND PREVENTION REPORT portion of the HIV/AIDS program for the Fiscal Year (FY) BACKGROUND 2007-2008. Without a cure, education and prevention are the most PROCEDURES FOLLOWED effective ways to stop the spread of Human Immunodeficiency Virus (HIV) and Acquired Immune Deficiency Syndrome (AIDS). Relevant personnel were interviewed. 1. In 2007 the California Department of Health Services, Office 2. Documentation was obtained and reviewed. of AIDS (CDHS/OA) entered into a contract with the County of Tulare to provide HIV/AIDS services. Tulare County Visits to relevant sites were conducted. 3. Health and Human Services Agency (HHSA) is responsible for implementing contract agreement number 07-65093 FINDINGS covering periods July 1, 2007 through June 30, 2010. The original amount of the contract between CDHS/OA and the HIV/AIDS is spread through unprotected sex, drug use 1. County of Tulare was $1,063,044 later increased to by sharing needles, blood transfusions, childbirth, The funds were to be used for HIV $1,246,854. breast feeding and even tattooing and piercing. Education/Prevention, HIV Counseling and Testing, HIV/AIDS Surveillance, Early Intervention and AIDS Case 2. As of February 28, 2009 there were 153,321 reported Management. The allotted amount for the HIV Education cases of AIDS in California.1 and Prevention Program (HIV E & P) is $339,771. Included in the contract is a Memorandum of Understanding, which 3. The estimated number of new infections occurring identifies a detailed scope of work which must be completed each year is between 5,000 and 7,000.2 in order to be reimbursed for expenditures. The County of Tulare must submit quarterly invoices to the CDHS/OA to get Eighty percent of AIDS is spread to women through 4. paid for work that has been completed. heterosexual activity. Women account for more than REASON FOR INVESTIGATION The 2008-2009 Tulare County Grand Jury on its own 1 California Department of Public Health, Office of AIDS, HIV/AIDS Case initiative investigated HHSA's Education and Prevention Registry. Ibid. COUNTY GRAND JURY REPORT 2008-2008 TULARE TULARE COUNTY GRAND JURY REPORT 2008-2009 10. Contract number 07-65093 includes an Advance one quarter of all new HIV/AIDS diagnoses.3 In disadvantaged youth, the rate of HIV among young Payment Provision (see ATTACHMENT 1) however, Tulare women age 16 to 21 is 50 percent higher than the rate County did not file the paper work required to receive among young men in that same age group.4 advance payments. At the end of 2008, it was estimated that between 11. HIV E & P staff must complete training from CDHS/OA 5. 27,369 and 33,513, people in California were unaware prior to educating the public. Due to staff turnover new supervisors and employees of the HIV E & P they were HIV infected.5 program waited several months for out of town training. Program administrators were unaware of on-line The estimated cost for lifetime medical care in Tulare 6. County (TC) for HIV/AIDS patient is $700,000. training and months went by with untrained personnel incapable of implementing the program. From March 2007 to March 2009 the number of 7. HIV/AIDS cases in TC increased by 11% (from 332 to 12. The Contract between CDHS/OA and the County of Tulare details a Scope of Work that identifies the 369 respectively).6 services to be performed for contract compliance. The allotted amount of $339,771 to the HIV E & P "HIV E & P Program work with local health 8. jurisdictions to: develop and implement focused Program is to be disbursed as follows: a. FY 2007-2008 $124,495 HIV education and prevention interventions to FY 2008-2009 $107,638 reduce the transmission of HIV; change individual b. c. FY 2009-2010 $107,638 knowledge and attitudes about HIV and risk The annual amount includes costs for employee's behaviors; promote the development of risk- reduction skills; and change community norms salary, material and operating expenses and administrative fees. related to unsafe sexual and drug-taking behaviors."7 9. In FY 2007-2008 the HIV E & P invoiced $77,192.93 to The contract specifies that the HIV E & P Program is to the State of California. $47,302.07 of the allotted collaborate with the following entities: a. TC Detention Facility amount was not used. b. Alcohol and Drug Residential Facilities c. College of Sequoias Gay Pride Club 3 Center for Disease Control and Prevention HIV/AIDS Surveillance Report, 2005. Vol. Rev. ed. ATLANTA: Department of Health and d. TC Juvenile Drug Court Program Human Services, CDC:2007:1-46. e. Partner's in Prevention Program 4 www. womanshealth.gov/hiv/women at risk. California Department of Public Health, Office of AIDS, HIV/AIDS Case Registry, data as of February 28, 2009. Agreement between California Department of Health Services and County of Tulare 6 ibid, Registry data as of March 31, 2009 Agreement Number 07-65093. f. Boot Camp means to insure that all allotted monies were used. g. Juvenile Hall resulting in loss of vital educational opportunities. h. Group Homes TC Mental Health Service RECOMMENDATIONS j. Ryan White Care Services k. Teen Smart 1. Make filling positions where salaries are reimbursed by I. The Gay/Straight Alliance state or other agencies a priority. m. Migrant Education Programs n. TC Alcohol and Drug Outpatient Substance Abuse 2. Cross train employees. Programs 3. Tulare County Health and Human Services complete CONCLUSIONS and submit all required paperwork for advanced payments. HIV/AIDS E & P Program stimulates interest for the at risk community to be tested. Since the 2007-2008 HIV E & P RESPONSES program was not fully taken advantage of, this may affect the County's report submitted to the State for tracking HIV Tulare County Board of Supervisors growth. Tulare County Health and Human Services Agency According to HHSA there is a possibility that the State funding for the HIV/AIDS Program could be decreased due to the county not fully implementing the program and not utilizing state funds for the FY 2007-2008. Since HIV/AIDS infections are a serious societal concern, the State of California has provided funding to Tulare County to prevent the spread of HIV/AIDS through education. If money spent on HIV E & P prevents one person from being infected with HIV/AIDS, there is a cost avoidance to the taxpayer of TC. The County did not fully execute the program, nor have an effective procedure to handle employee turnover, nor the TULAR COURTY GL/ ID JULY RE RT 20 2-20 TULARE COUNTY GRAND JURY REPORT 2008-2009 ATTACHMENT 1 County of Tulare 07-65093 Exhibit B, Attachment II Advance Payment Provisions 1. Advance Payment Authority and Limitation 4. Liquidation of Advanced Funds Pursuant to Health and Safety Code Section 100236, Unless otherwise stipulated in this agreement, Α. CDHS is required, within sixty days of the beginning of advanced funds shall be liquidated: each fiscal year, to advance a local health department twenty-five percent (25%) of the annual state General No later than June 30th of the fiscal year in 1) which the advance was issued, or Fund allocation, subvention, or reimbursement required by a local health department for the delivery of HIV Prior to the expiration or termination date or at 2) education and prevention services. the time if the agreement and/or MOU expires or is terminated prior to June 30th, 2. Conditions for Receiving an Advance Payment According to the repayment schedule that is 3) No advance payment shall be issued until: determined by CDHS and confirmed in writing to the Contractor. The Master Agreement and the HIV Prevention Α. Program Memorandum of Understanding (MOU) are If any advanced funds have not been liquidated В. fully executed. upon completion or termination of this agreement and/or MOU, the balance thereof shall be: The Contractor is two or fewer quarters in arrears in В. billing the State for the previous year's program. Promptly paid by the Contractor to CDHS upon 4) demand, or C. The complete request form has been submitted. Deducted from any sum otherwise due to the 5) 3. Use of Advanced Funds Contractor from CDHS, or Advanced funds shall be used solely for the purpose of Deducted from any sum that may become due 6) making payments for allowable costs incurred under the to the Contractor from CDHS. terms and conditions of this agreement and the HIV Prevention Program MOU. TULARE COUNTY SENIOR CENTERS PROCEDURES FOLLOWED BACKGROUND New York is the home of the first senior center, William Relevant witnesses were interviewed. 1. Hodson Community Center, in the United States.1 Its doors opened in 1943 and the center continues to serve its 2. Pertinent documents were reviewed. community. "By the late 1940s there were senior centers in San Francisco and Philadelphia, and Senior centers were visited. by 1961. approximately 218 senior centers had opened nationwide." Since then, President Lyndon B. Johnson designated senior FINDINGS centers as community focal points through the Older Americans Act signed into law in 1965. Currently there are The US Census Bureau reported in 2000 that the 1. 727 listings for senior centers in California.2 number of Americans age 55 and over will double by 2030. Typically, a senior center provides nutrition, recreation, social activities, health checks, and other services geared 2. Kings/Tulare Area Agency on Aging (KTAAA), due to toward a senior lifestyle. There is great diversity in the kinds budget cuts, stopped providing meals to the senior and levels of services provided. One reason is the absence centers in Dinuba, Farmersville, Ivanhoe, Springville of a state entity. and Three Rivers. Senior centers fall under the jurisdiction of local government 3. Meals continue to be provided by KTAAA at Cutler- or non-profit organizations. They are usually supplemented Orosi, Earlimart, Exeter, Goshen, Lindsay, Porterville by County and/or City funds. Because of recent and Woodlake. developments in the economy, most funds have been depleted. All meals are nutritionally balanced. Most are low in 4. sodium, fat and sugar. REASON FOR INVESTIGATION The Tulare center is funded by the City of Tulare and 5. the County. They provide cooked meals, recreational, The 2008-2009 Tulare County Grand Jury decided on its social and educational activities and free bus passes to own initiative to conduct an investigation into the status of seniors. the senior centers in Tulare County. Senior Centers Literature review, February 2009, www.ccoa.ca.gov/senior_cntr 2 ibid TULARE COUNTY GRAND JURY REPORT 2008-2009 TULARE COUNTY GRAND JURY REPORT 2008-2009 The Visalia center is funded by the City of Visalia and the ranks of RSVP, but for younger people to help with the 6. provides cooked meals, recreational, social and care of the elderly. educational activities. While the senior centers that remain open continue to Trips and sightseeing tours are organized by centers. provide basic services, it seems to be a matter of time 7. Seniors conduct fundraisers to help with the cost of before more centers are closed due to budget constraints. As the county's population continues to age, it is evident their trips that services and funds are declining. Tulare County has a very active Retired Senior 8. Volunteer Program (RSVP). RECOMMENDATIONS Some centers have volunteers once a week to help 9. Solicit donations and contributions from business and 1. with exercise, crafts and other projects. the public to continue the provision of services to seniors. 10. Statistics provided by the KTAAA indicate many seniors age 60 and over are at or below the poverty line. 2. Increase fundraising efforts to supplement the anticipated budget cuts. 11. Nurse/Health Services were provided by Tulare County Health and Human Services Agency (HHSA) until Actively attempt to recruit volunteers to continue the 3. September 2008. current levels of service, and provide additional services. 12. Information provided by HHSA not only shows a bleak outlook for senior centers in the County, but the cuts 4. Seek ways to provide transportation for seniors to visit that occurred in 2008 have affected many senior the centers and participate in the services. centers negatively. RESPONSES REQUIRED CONCLUSIONS Tulare County Board of Supervisors Senior centers are often the only place an individual may Tulare County Health and Human Services Agency find to interact with peers, eat a healthy meal and escape Tulare City Council the bounds of a lonely, restrictive life. Seniors frequently Visalia City Council face loss of dignity as they attempt to live on a fixed income that barely meets their needs. The RSVP is making a difference by donating time and skills, therefore making funds go farther for senior organizations where money is an issue. However, the need for volunteers has grown tremendously. There is a need not only to build Senior Centers in Tulare County Cutler- Orosi Senior Center * Goshen Senior Center * Three Rivers Senior League ** 12691 Road 408 Three Rivers Memorial Building 30498 Diagonal 69 Cutler, CA 93616 Goshen, CA 93291 43490 Sierra Drive Three Rivers, CA 93271 (559) 628-6108 (559) 651-1030 (559) 561-3577 Dinuba Senior Center ** Ivanhoe Senior Center 437 N. Eaton Avenue Tulare Senior Center *** CLOSED 210 North 'F' Street Dinuba, CA 93618 Lindsay Senior Center * Tulare, CA 93774 (559) 591-2450 911 N. Parkside Avenue (559) 685-2330 Lindsay, CA 93247 Earlimart Senior Center * (559) 562-5859 Visalia Senior Center *** 712 E. Washington Street 310 N. Locust Street Earlimart, CA 93219 Porterville Senior Center * Visalia, CA 93291 (661) 849-2232 466 E. Putnam Avenue (559) 713-4381 Porterville, CA 93257 Exeter Senior Center * (559) 781-6560 301 'E' Street Woodlake Senior Center * Exeter, CA 93221 179 N. Magnolia Street Springville Senior Center Woodlake, CA 93286 (559) 592-5960 CLOSED (559) 564-3251 Farmersville Senior Center *** 444 N. Gene Avenue Farmersville, CA 93223 (559) 594-4300 For additional information regarding hours, cost, et cetera call the nearest center * Meals provided by KTAAA ** Meals no longer provided by KTAAA (open for social and/or charitable activities only *** Meals provided, but not by KTAAA COUNTY GRAND JURY REPORT 2008-2009 TULARE JUSTICE JUSTICE TULARE COUNTY PROBATION DEPARTMENT JUVENILE SPECIAL SERVICES DIVISION PROCEDURES FOLLOWED INTRODUCTION The California Welfare and Institutions Code1 mandates the Relevant documents were reviewed. 1. Juvenile Special Services Division (SSD) to conduct investigations, assessments and prepare written reports with A working demonstration by the Canine Unit was observed. 2. recommendations. The information gathered aids the Juvenile Court in justice matters and decision-making. Juvenile case 3. Relevant interviews were conducted. supervision is mandated by the terms and conditions of probation, as ordered by the Juvenile Court. These orders 4. The Judge William Silveira, Jr. Juvenile Justice Complex was involve a wide variety of activities, including probation searches, toured. drug testing, collection of fines and fees, restitution for victims, and referrals of minors/families to various community treatment FINDINGS interventions. 1. This report reviews four of the services and programs The SSD is comprised of eight separate services/programs and provided by the Juvenile/Special Services Division which collectively make face-to-face contacts with probationers are as follows: (juveniles referred to probation by law enforcement) and Canine Unit juveniles displaying behavior/truancy problems in the schools. a. Campus Probation Officers Program b. REASON FOR INVESTIGATION Gang Redirection Education and Training Program C. TULARE COUNTY GRAND JURY REPORT 2008-2009 CANINE UNIT BACKGROUND Leo is trained in scent tracking for cocaine, heroin, 3. marijuana, methamphetamine, and any of their derivatives, The Canine Unit (CU) consists of a Supervising Probation Officer which comprise 99 percent of Leo's workload. These are (SPO) and a specially trained dog (Leo). Leo is utilized as a tool the four most commonly used controlled substances in for drug detection and tracking duties. He was bred and trained Tulare County. The dog could be trained to detect up to to perform specific tasks associated with searching for illegal eight narcotic scents, but an overload would diminish his narcotics. Leo is a pedigree dog with fine bloodlines and does efficiency. not behave as a common pet. It is normal for him to be extremely animated, curious and highly alert when on the job or It would take six Probation Officers three-and-a-half hours 4. around people. to thoroughly search a residence. The CU can accomplish the same task in 30 minutes. FINDINGS The CU promotes positive community relations by the 5. Leo was born and raised in the Czech Republic, where he 1. following activities: was certified as a Police Dog by the Czech government. He Conducts educational presentations for schools, social a. came to the TCPD in May 2007. The CU completed and other community organizations; intensive training in narcotic detection, tracking and Attends ceremonial events; b. handler protection, and obedience. This training took place Attends canine competitions involving other law C. at the Adlerhorst International Incorporated K-9 Academy in enforcement agencies. Riverside, California. The CU visits the academy monthly for reinforcement training. The 70-pound Belgian Malinois The CU trains 30 minutes a day before going to work. They 6. is a four-year-old non-neutered male and a sworn Probation work five days a week, eight to ten hours a day and are on Officer. call 24/7. On a limited basis, the CU will aid any law enforcement agency in Tulare County requiring assistance. Prior to a search of a probationer's home or vehicle, he/she 2. is informed Leo will be conducting the search, giving them Leo lives with his handler's family and their pets. His daily 7. the opportunity to voluntarily surrender any controlled maintenance comes from the Tulare County General Fund. substances before the search is done. Leo conducts the Depending on health issues Leo will be able to work ten or search regardless of cooperation as a deterrent to more years before retirement, at which time the SPO can discourage the possession of drugs. purchase Leo for one dollar, and maintain him at his/her outfitted with state-of-the-art canine equipment that own expense; there is no pension for the dog. includes air conditioning and alarm system. Leo is trained to follow commands when conducting a CONCLUSION 8. search in a residence or vehicle and is not distracted by pets or children. The Canine Unit is a vital asset to the Tulare County Probation Department and other law enforcement agencies that require When controlled substances are found, Leo responds by 9. their assistance. In conducting residence or vehicle searches pawing at the location, and then is rewarded with praise the CU can do the work of many officers in a fraction of the time. and his favorite chew toy. Dog treats are not given during This gives Tulare County Probation Officers the time required to work hours as Leo is motivated to work by doing what he is undertake a wide variety of activities including drug testing, trained to do. Leo works for himself, not his handler. investigations, searches, and school monitoring. Leo is a sworn officer of the law and as such places his life at risk on a daily 10. During the fiscal year 2007-2008 this CU searched more basis. than 200 residences and vehicles and confiscated more than 11 pounds of narcotics, resulting in 46 arrests. More RECOMMENDATION than 17,000 face-to-face contacts with juvenile probationers were made during that year. Provide lifetime health care benefits for Leo upon his retirement. 11. If a controlled substance is seen in plain view inside a RESPONSE REQUIRED vehicle, the CU has probable cause for a search. Tulare County Board of Supervisors 12. If a probationer does not give consent to a vehicle search it Tulare County Probation Department is towed to an impound yard and a search warrant is obtained for an inspection. 13. If Leo detects the scent of narcotics on a person who is not ADDENDUM on probation or being detained by law enforcement, the CU Unfortunately, on or about March 05, 2009, Leo lost his life. A has no authority to conduct a search or to make an arrest. female of the same breed that came from Holland has replaced him. Her name is Raiza. 14. Leo and a Chevrolet Tahoe were purchased with a Federal grant through the Juvenile Justice Crime Prevention Act. The vehicle is equipped with a special on-board kennel TULARE COUNTY GRAND JURY REPORT 2008-2009 TULARE COUNTY GRAND JURY REPORT 2008-2009 CAMPUS PROBATION OFFICER PROGRAM families. It is vital to include attendance, grades, family BACKGROUND dynamics, and communication between the CPO and the Parole Officer. Information is entered into the juvenile This program's goal is to increase school attendance, decrease caseload file for investigators to review. counter-productive behavior, and minimize involvement in the Juvenile Justice System. The structure of this program ensures 6. CPOs are considered Peace Officers with the power to a Campus Probation Officer (CPO) access to school make arrests. They are armed and carry a badge while on administrators, parents, and students in a non-traditional campus. Plain clothes make the CPO more approachable manner. CPOs are assigned to specific school sites and and less intimidating. stationed on campus. Their responsibility is to provide prevention and intervention services to an at-risk population. CPOs are available to any student seeking assistance. 7. FINDINGS CONCLUSION There are 10 CPOs in Tulare County. 1. Working closely with the schools and families is critical to the direction a juvenile will take. Mentors and role models at school CPOs maintain a caseload of formal (court ordered) and 2. help at-risk youth choose a positive path. A plain-clothes informal (supervision for at-risk juveniles) probationers; this approach may make a nurturing, working relationship easier to augments and supports existing supervision services. establish. Students need to feel that confidentiality; security and trust are top priorities. During the 2006-2007 fiscal school year, 491 juveniles 3. received formal supervision services. RECOMMENDATION Matching monies from individual school districts fund the 4. CPO program. Schools pay 50 to 60 percent for this Evaluate the need for placement of CPOs in all Tulare County program. This partnership dramatically offsets the need for schools. support with General Fund money. RESPONSE REQUIRED CPOs utilize the information they gather to provide the 5. Tulare County Probation Department with statistics and Tulare County Board of Supervisors observations. This information is needed to fill out court Tulare County Probation Department reports addressing the concerns of the juveniles and their Tulare County Office of Education GANG REDIRECTION EDUCATION and TRAINING PROGRAM At the end of each week, students are encouraged to write BACKGROUND 5. their parents to share their camping experience. The Gang Redirection Education and Training (G.R.E.A.T.) Camp programs include: 6. Program is a school-based, life skills competency program Cultural Awareness a. taught by Probation Officers at Tulare County schools. The Conflict Resolution b. program, which targets fourth-through-seventh-grade students, Team Building C. was designed to help youth develop positive attitudes toward Goal Setting d. law enforcement officers, to learn responsibility and avoid Leadership e. conflict, to set positive goals and resist peer pressure. Conservation and Recycling f. FINDINGS There are nine schools participating in the G.R.E.A.T. 7. program during the 2008-2009 Fiscal Year. They are: Alta The Tulare County Probation Department (TCPD) was 1. Vista Elementary (Elem.), Earlimart Unified, Exeter Middle awarded funds for gang resistance and redirection School, Farmersville Elem., Hope Elem., Kings River Elem., education in local school districts. The U.S. Department of Lincoln Elem., Pleasant view Elem. and Traver Joint Elem. Justice and the Bureau of Justice Assistance provided these funds. CONCLUSION The G.R.E.A.T. Program is taught by two Probation Officers 2. The G.R.E.A.T. Program helps students make positive choices for (PO) in the Tulare County school system. POs visit various their future. Offering students an outdoor camping adventure is school classrooms teaching a curriculum, which includes a positive tool to encourage students to complete the G.R.E.A.T. drug diversion and gang avoidance. Program. The TCPD, in cooperation with Community Services and 3. RECOMMENDATION Employment Training Incorporated (CSET), provides a four- week summer camping adventure to students who complete the G.R.E.A.T. Program by the end of their school Expand the G.R.E.A.T Program to include all schools. year. RESPONSE REQUIRED The summer campsite is located near Hume Lake in 4. Sequoia National Forest. Tulare County Board of Supervisors Tulare County Probation Department COUNTY GRAND JURY REPORT TULARE 2008-2009 STULARE COUNTY GRAND JURY REPORT 2008-2009 SPECIAL ENFORCEMENT UNIT throughout Tulare County. Presentations have been BACKGROUND expanded to provide training to school employees. The Special Enforcement Unit (Gang Unit) conducts patrol 6. During the 2006-2007 Fiscal Year, the Gang Unit sweeps of gang-saturated areas and investigates gang related supervised 225 gang members. crimes in Tulare County. A Multi-agency Gang Enforcement Team (MAGNET) is a 7. FINDINGS part of the Gang Unit and includes personnel from the following: 1. The Gang Unit is a member of the Tulare County's Gang California State Parole a. Task Force. Task Force members include the Tulare County b. District Attorney District Attorney's Office and the Tulare County Sheriff State Bureau of Narcotics Enforcement C. Department's Gang Unit. Sheriff's Department d. Tulare County Probation Department e. The Gang Unit regularly conducts special enforcement 2. Visalia Police Department f. operations with agencies such as: a. Area police departments MAGNET targets active high-ranking gang members 8. b. California Department of Corrections - Fugitive primarily in the Visalia, Goshen, and Ivanhoe areas. Apprehension Team and Special Services Unit c. California State Parole CONCLUSION d. California Highway Patrol The Gang Unit provides intensive supervision to juvenile Supervision and suppression of gang activity is a long and 3. difficult task. Team-working with other law-enforcement gang members, while developing counseling groups agencies helps slow the growth of gang members in Tulare designed to open lines of communication and decrease County. gang activity. There has been an increase in the number of elementary RECOMMENDATIONS 4. through high school students who are demonstrating gang related behavior both on and off school grounds. None The Gang Unit makes frequent gang awareness 5. RESPONSE REQUIRED presentations to schools and community organizations None LINDSAY ANIMAL CONTROL SHELTER FINDINGS BACKGROUND Multiple Tulare County Grand Jury final reports have been Since January 2008, the Lindsay Department of Public 1. Safety and the Lindsay Chief of Police have overseen LACS. published on the subject of the Lindsay Animal Control Shelter. Staffing includes: The Tulare County Animal Control provided animal control One Kennel Master (KM) a. services until 1991. Lindsay Animal Control (LAC) took over the One Assistant Kennel Master (AKM) b. poorly designed animal shelter and started making One Animal Control Officer (ACO) C. At that time, LAC provided services to the improvements. One Lindsay Police Officer (LPO) d. County and its Cities with the exception of Dinuba and Visalia, Volunteers, when available e. which provided their own services. Sheriff Work Alternative Program (SWAP) workers, f. who are nonviolent low-level misdemeanor In July 2001, Tulare County Animal Control reopened at a new offenders given community service work in lieu of facility. Subsequently, LAC separated from Tulare County Animal jail time, when available. Control, became the Lindsay Animal Control Shelter (LACS) and began providing services to the Cities of Lindsay and Porterville. 2. The LACS is open to the public Tuesday through Saturday 3:00 p.m. to 6:00 p.m. and Wednesday 3:00 p.m. to 7:00 REASON FOR INVESTIGATION p.m. The facility is closed Sunday and Monday. The 2008-2009 Tulare County Grand Jury received numerous The City of Lindsay funds the LACS with general fund 3. monies. The budget is $283,000 a year. The budget is citizen complaints about the management and operation of the determined every two years and cannot be renegotiated LACS, specifically pertaining to dogs. until 2010. More than $100,000 of this budget goes to veterinary costs alone. PROCEDURES FOLLOWED The LPO acts as an executive administrator to ensure the 4. Relevant documents were reviewed. 1. LACS staff (KM, AKM & ACO) completes the administrative responsibilities needed to run the shelter. 2. On-site tours were conducted. These responsibilities include: Update and file kennel cards a. 3. Relevant witnesses were interviewed. Update the euthanasia logs b. Deposit bank receipts C. Fill out all of the necessary paperwork d. TULARE COUNTY GRAND JURY REPORT 2008-2009 Check medical supplies and perform all euthanasia 11. By California State law1, a shelter must hold a dog for e. seven business days to allow owners a chance to reclaim procedures Clean pens and feed animals (if no SWAP workers or their dog. f. volunteers are available). 12. The LACS holds dogs for an indeterminate time before they are adopted or euthanized. On average, 20 dogs a week The ACO's main responsibility is public safety in the field, 5. which covers a large area; therefore s/he is seldom are put down. It is up to the KM to make sure that all dogs available to work at the shelter. are euthanized at the appropriate time. 13. One adoption occurred while visiting Grand Jurors were The maximum capacity for the facility is 96 dogs. 6. present. It is difficult to determine the average number of dogs held 7. at the LACS on any given day. On one Grand Jury visit to 14. Due to the overpopulation of dogs, being a volunteer or the LACS there were 141 dogs; on a second visit a week SWAP worker at the LACS is extremely demanding. The later there were 250 dogs (an increase of 109 dogs in work is hard, the smell is bad and there is always loud seven days). On a subsequent visit, there were 220 dogs constant barking. at the shelter. 15. Once a year, the LACS holds an adoption clinic at the Porterville Fair. They also take animals to Lindsay's open 85 percent of dogs received at the LACS came from the City 8. of Porterville, which contracted with the City of Lindsay for air market in the warmer months; all other adoptions take animal control services. The contract with Porterville ended place at the shelter. December 31, 2008. 16. There are plans to locate a dog park behind the shelter. Dirt, chain link fencing, irrigation equipment and volunteer The main pen is for holding and identifying any dogs 9. arriving for possible reclamation by owners. There is a pen labor have already been procured. for aggressive dogs, one for injured, pregnant or sick dogs, a quarantine pen and an adoption pen, which is separate 17. LACS policies require the following: from all others. Provide animal control services a. and promote responsible pet ownership; Provide the highest level of service possible while 10. Dogs are scanned for a micro-chip or identification tag. b. being cost effective and efficient; Owners can reclaim an animal if proof of ownership is offered. If no one comes forward to claim the animal and it is deemed adoptable, it is held for 30 days. If an adoption is probable it is held for an additional 15 days. Senate Bill 1785 (Hayden Bill) enacted 1998 Provide timely and equitable service to all citizens RECOMMENDATIONS c. served by the Animal Control Division of the Lindsay Department of Public Safety; After the current budget expires, increase the budget of the 1. d. Promote animal licensing and rabies control through shelter to ensure it is adequately staffed and supplied. ordinance enforcement: e. Provide humane treatment to all animals under the Expand adoption hours. 2. LACS control: f. Pursue an aggressive adoption program through 3. Increase advertising for adoptions. cooperative efforts with private volunteer groups. Include a flyer (written in both English and Spanish) in any 4. 18. The LACS uses a private contractor for veterinary services. future mailings from the City of Lindsay to all residents, with They are treated as any other client would be; they must concerning information volunteer and adoption schedule appointments for available times to have animals opportunities at the Lindsay Animal Control Shelter. treated. This same veterinary service conducts health inspections on all animals being adopted. The LACS has Provide stricter animal health screening, by a veterinarian, 5. used this service for the last eight years. of all animals brought into the Lindsay Animal Control Shelter. CONCLUSIONS Ensure all animals adopted are veterinarian certified. 6. It is the responsibility of pet owners to spay/neuter their pets. This simple act can greatly reduce the overpopulation of dogs in Send out requests for bids to alternate veterinary clinics 7. Tulare County. Citizens should consider visiting the LACS and that may offer reduced prices for services. adopting a pet. The Lindsay Department of Public Safety enforce all 8. policies, procedures, rules and regulations required of the The Lindsay Animal Control Shelter is doing the best job it can Lindsay Animal Control Shelter. with the resources available. Conditions and operations have improved considerably at the LACS but lag far behind larger city shelters due to funding. It is overpopulated with animals and RESPONSES REQUIRED understaffed. Lindsay City Council Lindsay Department of Public Safety TULARE COUNTY GRAND JURY REPORT 2008-2009 TULARE COUNTY SHERIFF INMATE PROGRAMS One Inmate Program Deputy BACKGROUND iv. Volunteers b. Six teachers plus one assessment aide ĺ. The Tulare County Sheriff Inmate Programs Division is ii. 150 volunteers committed to offering programs that provide choices for inmates and their families. These programs may help with the inmate's 2. The IPS has oversight of all aspects of the educational re-entry into the community. An additional priority of this curriculum and answers directly to the IPM. Alternative program is to ensure the safety and security of all participants. Services1 has a grant that provides the educational and counseling services for such programs at no cost to the REASON FOR INVESTIGATION TCSD. Some monies from the Inmate Welfare Trust Fund2 are used to fund these programs. The beginning book On its own initiative the 2008-2009 Tulare County Grand Jury balance for the calendar year 2007 was $2,172,285. decided to investigate the programs provided to the inmates incarcerated in the Tulare County jail system. 3. The following programs are available for inmates: Substance Abuse (offered by Alternative Services) a. PROCEDURES FOLLOWED Parenting (offered by Family Services of Tulare County) b. Life Skills (offered by Visalia Adult Schools) c. 1. Relevant documents were reviewed. Anger Management (offered by Family Services of d. Tulare County) 2. Relevant interviews were conducted. Jailhouse Rocks (offered by Tulare County Library) e. Child Support Services (offered by Child Social f. 3. Program sites were visited. Services of Tulare County) Domestic Violence (offered by Family Services of FINDINGS g. Tulare County) Insight, a religious self-esteem program (offered by h. Staffing for Inmate Programs is as follows: 1. Alternative Services) a. Sheriff Personnel Way to Happiness, an emancipation service (offered i. One Inmate Program Manager (IPM) i. by Alternative Services) One Residential Substance Abuse Treatment ii. (RSAT) Specialist Three Inmate Program Specialists (IPS) iii. A non-profit organization 2 California Penal Code Section 4025 4. Programs conducted by volunteers: Job Readiness Skills b. a. Alcoholics Anonymous is provided to inmates at the English Language Skills c. Bob Wiley Detention Facility (BWDF), the Men's Life Skills d. Correctional Facility (MCF) and the Main Jail (MJ). b. Narcotics Anonymous is offered at the MCF and Video Learning Programs are offered at the Main Jail 8. BWDF. twice a month; certificates are given to all who complete their work booklets. Programs include: Jail Ministry is offered Sunday through Thursday at the 5. Cage Your Rage a. BWDF, MCF, MJ, and the Pre-Trial Facility (PTF). This Beat the Street b. program is offered to both female and male inmates. There c. Victim Awareness is a contract with Good News Jail and Prison Ministries for Employment Preparation d. two full-time Jail Chaplains. Breaking the Habit e. New Beginnings f. Volunteers are utilized in all of the jail facilities. The largest 6. group of volunteers is used for the Jail Ministry. It also 9. RSAT is a minimum five-month therapeutic residential includes members from Alcoholics Anonymous, Narcotics substance abuse grant program offered to inmates at the Anonymous, internship and literacy programs. MCF. This grant, first awarded in 1999, requires that ΑII volunteers are required to meet the screening and inmates are randomly drug tested. Ten percent are clearance process. randomly tested each week. Inmates are assessed and placed into educational 10. The Gang Awareness Parenting Project (GAPP) has an 7. programs that best meet their identified needs. These agreement with First Five of Tulare County to provide programs are: parenting skills through a home visitation model to a. High School Diploma Program with a Graduation parents/caregivers. Children, ages zero to five, who have Equivalency Diploma (GED)3 focus is offered at: been exposed to gangs and/or violence and have a parent MCF for incarcerated male inmates incarcerated in the Tulare County jail system, are eligible. i. BWDF for incarcerated female inmates This program began on July 1, 2008. ii. The Day Reporting Center (DRC)4 for inmates who iii. return home each evening 11. The Jail Industries Engraving Shop (IES) is a trade program developed by the TCSD and opened in April 1998. a. The IES Program is open to male inmates who wish to 3 Testing is offered every six weeks for eligible inmates apply. They are interviewed by the Inmate Program 4 Three days of the week inmates are assigned to the work force; two days a Deputy, the Engraving Manager and the Assistant week they report to Inmate Programs for instruction. TULARE COUNTY GRAND JURY REPORT 2008-2009 TULARE COUNTY GRAND JURY REPORT 2008-2009 Manager. Of all the applicants who qualify, five are ii. 305 acres for farming chosen to work from 8:00 a.m. until 3:00 p.m. five 120 acres in irrigated alfalfa 125 acres in oats to sudan, a rotation crop days a week. 55 acres in dry farming depending on weather b. The IES is equipped with state-of-the-art computer controlled engraving and vinyl cutting systems. · Five acres of vegetables and a greenhouse The operating budget is provided by TCSD and is Top quality items are offered to public agencies, local C. C. placed in the Farm Trust Fund for expenses such as: governments and nonprofit organizations at reduced Seed purchasing from an outside vendor: prices. i. Subcontracting for services that include discing, Controversial or political work will NOT be done. ii. d. some tilling, swathing, baling and other Some Inmate Welfare Trust money is used in the IES e. operations that the TCSD cannot do. shop. Cattle/Swine Production: f. All monies earned through work done at IES go into d. There is an on-site butchering facility using i. the IES fund for future purchases. inmate labor. A Certificate of Participation (example at the end of g. As of June 2008, all meat used in the kitchen at ii. this report) indicating success in the trade program the BWDF to feed inmates comes from the and training in engraving and vinyl cutting systems, is Cattle/Swine operation. All meat carries the awarded to all inmates who complete the program. United States Department of Agriculture stamp of Upon release, any inmate seeking employment in this approval. field can use the certificate as proof of training. At any given time, there are 456 head of cattle h. There are only 11 other counties in California iii. and 365 swine. Not all animals are used for implementing an IES program. food; some are used for breeding stock. There is an animal husbandry program where 12. The Farm iv. livestock is rotated out of breeding stock every The personnel for farm management include: a. three years. One Farm Supervisor, qualified to do meat i. Cattle are fed by grazing and supplemented with inspections, health checks and to ٧. give alfalfa, oats and sudan. Swine are fed recycled inoculations to the cattle and swine. inmate discards and other food leftovers, which Five Farm Crew Leaders ii. are first boiled to a prescribed temperature to kill 50 daily inmate workers from the DRC5 iii. all bacteria. The farm consists of 1,155 acres: b. Vegetables/Fruit Gleaning 850 acres for grazing e. i. To supplement their year- round diet inmates i. grow vegetables from seedlings in a greenhouse. DRC inmates are non-violent, low level misdemeanor offenders: e.g. drunk Inmate labor is used to germinate, plant, driving, petty theft, fraud. cultivate, irrigate and harvest the vegetables. Inmate taste determines what will be grown. Fruit culls (rejected as being inferior or worthless) ii. are donated to the farm from packing houses and are gleaned using inmate labor. Tulare County is one of a few counties in California f. providing its own fruit, meat and vegetables for inmate meals, resulting in a saving of more than $250,000 a year. 13. The Engraving Industries Shop, and the Cattle/Swine and Vegetables programs are open only to male inmates. CONCLUSIONS By providing trade programs the Tulare County Sheriff's Department offers an alternative to male inmates which may help lower recidivism rates, saves the County more than $250,000 annually and keeps 55 inmates productive. RECOMMENDATION Provide trade programs for female inmates. RESPONSES REQUIRED Tulare County Sheriff's Department Tulare County Board of Supervisors GRAND JURY 2008-2009 . Y. ARE COUNTY RFPORT REPORT 2008-2009 (c): # 305 CERTIFICATION OF PARTICIPATION Awarded To: Inmates Name: For participation of _____ hours working as an Engraver, Vinyl Technician at the Jail Industries Engraving Program Exposure to the following Skills: Engraving Supervisor Date Program provided courtesy of Tulare County Sheriff's Department For Certification of Completion Contact Engraving Supervisor TULARE COUNTY SHERIFF'S RECORDS DEPARTMENT BACKGROUND system), records and maintains all specialized legal documents, such as arrest warrants. The Records Department is comprised of the following sections: Case The Tulare County Sheriff's Department (TCSD) is committed to Report, Warrant, Special Services, Criminal History maximizing the health, safety, and welfare of our community and (Bookings) and Other Duties Allocated (CLETS2/Housing the integrity of the justice system. In partnership with the Authority). citizens of Tulare County, and local/out-of-area law enforcement agencies, the TCSD identifies and addresses public safety and 2. For comparison, statistical information gathered is for the other quality-of-life issues. years 2007 and 2008. REASON FOR INVESTIGATION 3. Case Report: a. Case reports are generated from County Sheriff By mandate, the 2008-2009 Tulare County Grand Jury Deputy field reports and the detention facility. investigated the Tulare County Sheriff's Records Department b. The reports are scanned into a Report Management (Records Department). System (RMS), and then are filed. Depending on the size of the file, it could take two C. PROCEDURES FOLLOWED hours or more to scan a case report into the RMS. d. In 2007, 19,655 case reports were processed, and Relevant witnesses were interviewed. 1. 18,253 in 2008. Relevant documents were reviewed. 2. Arrest Warrants: 4 The Records Department was toured. a. Arrests warrants processed; 23,589 in 2007 and 3. 21.027 in 2008. FINDINGS b. Extraditions: 83 in 2007 and 81 in 2008. Purged: 23,180 in 2007 and 21,564 in 2008. (After C. five years, with the District Attorney's approval, 1. In order to sustain the partnership mentioned in the background, the Records Department (using a dual misdemeanor warrants are purged from the system. Felony warrants are purged after ten years, with the exception of capital crimes.) 1 Penal Code Section 925 says, "The Grand Jury shall investigate and report on the operations, accounts of the officers, departments or functions of the 2 CLETS is the California Law Enforcement Telecommunication System. county..." TULARE COUNTY GRAND JURY REPORT 2008-2009 TULARE COUNTY GRAND JURY REPORT 2008-2009 During January and February 2009, there were d. On file at the end of year: 63,964 in 2007, and iii. 59 sexual offenders registered and 73 narcotics 63,427 in 2008. offenders registered. e. Teletype Warrant Abstracts3: 2,964 in 2007 and Live Scan Fingerprint Services scanned 6,591 3,419 in 2008. C. fingerprints in 2007 and 6,600 in 2008.4 During January and February 2009, 2,885 new arrest f. Megan's Law CD-ROM is available for public viewing; warrants were processed. d. however, no persons viewed the CD in 2007 or 2008. Counter Traffic Services (walk-in): Special Services offers the following: 5. e. a. Carry Concealed Weapons (CCW) Applications and Counter Traffic includes all of the Special i. Services Section. Permits: There were 10,386 walk-ins in 2007 and 9,750 All applicants for a new or renewed CCW permit i. must attend and pass a gun-training course in 2008. In 2007, 34 CCW applications were processed, Criminal History (Bookings): f. ii. Booking Sheets processed: 26,183 in 2007 and and 213 in 2008. i. iii. In 2007, 111 new CCW permits were issued 25,376 in 2008. (which includes some applications processed in Criminal histories requested from various ii. agencies: 5,911 in 2007 and 5,119 in 2008. the prior year), and 169 in 2008. New permits cost $95 to the Department of Justice (DOJ) plus Criminal histories requested by the public; 1,561 iii. $10 to County Administrative Costs (CAC). in 2007 and 1,239 in 2008. In 2007, 1,021 CCW permits were renewed, and iv. 1,265 in 2008. CCW's must be renewed every Other Duties Allocated: 6. two years on or before the applicant's birthday. a. This department is used for background checks on The cost is $52 to the DOJ plus $3 to CAC. those seeking governmental low-income housing. Penal Code violation registrations: In 2007, there were 403 background checks and 170 b. b. In 2007, 425 arson/narcotic registrants and 485 in 2008. i. in 2008. In 2007, 580 sexual offenders registered, and Number and title of employees in the Records Department ii. 7. 613 in 2008. are as follows: a. Sergeant over Records 1 Records Supervisor Sheriff's Records Clerks 14 C. 3 d. Office Assistant III 5 e. Extra Help (volunteers) Because of the volunteers, the Records Department 8. generally does not generate any overtime hours. However, on rare occasions, a person may call in sick and one or two employees may share those shift hours. 9. The Records Department is open 24/7 for law enforcement agencies. Public hours are Monday through Friday, 8:00 am to 12:00 pm and 1:00 pm to 4:00 pm. CONCLUSION With all the services provided to law enforcement agencies and the public, the Records Department is extremely busy. Everything is scanned into the main computer system, should the computer malfunction, everything is kept on file in centralized locations for easy access. RECOMMENDATIONS None RESPONSES REQUIRED None TULAR COURTY GIV ID JULY RE RT 20 2-20 LAND USE LAND USE TULARE COUNTY'S CODE COMPLIANCE PROCEDURES FOLLOWED BACKGROUND Interviewed relevant witnesses. 1. In 1996, Tulare County combined the Planning and Development Department with the Public Works Department, 2. Reviewed relevant documents. the Community Development/Redevelopment Department, and Capital Projects Divisions. Thus, Tulare County's Resource FINDINGS Management Agency (RMA) was created. Ordinance code violations can range from an excess of 1. Since 1997, services were added to RMA. Some of those trash/garbage to lumber/tires to animals. services are the Abandoned Vehicle Abatement Program, Code Compliance, County Permits, Parks and Recreation, Solid Waste, The CCD responds to all complaints including those that are 2. Sewer and Water Services, Trash and Recycling Programs, etc. anonymous. All these services require enforcement of Federal, State, and County laws. The CCD does not initiate investigations on suspected 3. property code violations. A Building and Zoning Inspector is responsible for enforcing Tulare County's Ordinance Codes (TCOC). As an aid to enforce 4. Between August and December 2008, the CCD opened the TCOC, the Code Compliance Division (CCD) is used. The CCD 281 cases for investigation, an average of 56 Code takes in complaints and performs inspections/investigations Violation Complaints (CVC) per month. involving violations of the TCOC. 5. As of December 2008, there were 1,641 open and active REASON FOR INVESTIGATION cases, which included: Cases that have gone to hearing and are awaiting the a. deadline granted in the Code Compliance Agreement. Past Grand Juries reported on and made recommendations to the CCD. The 2008-2009 Tulare County Grand Jury revisited the Cases cleared with unpaid fines, or with paid fines b. CCD, investigated its function to determine if past without the violations having been corrected. recommendations were adopted. TULARE COUNTY GRAND JURY REPORT 2008-2009 TULARE COUNTY GRAND JURY REPORT 2008-2009 Non-cooperative property owners go to Administrative Should the violations continue after the AH, the County 6. e. Hearings (AH) within six to eight months after being cited will enforce compliance through abatement at a cost for code violations. of $1,050 plus $45 per hour for actual staff time to abate the violations, plus contractor costs. A daily fine of $100 is assessed for every day the Between 16 and 24 cases are prepared each month for an 7. f. AH. However, between 65 percent and 75 percent of those property is in violation starting on the date the Notice cases voluntarily comply before the hearings. of Violation and Order to Correct is mailed. The CCD work with those who are elderly/disabled and 8. 12. In addition to the fees listed above, if building construction have properties with code violations by extending time or land use changes are initiated prior to obtaining requirements and attempting to enlist the aid of family appropriate permits, required permit fees will be doubled. members to help eliminate the problems noted. An example is adding onto an existing building such as a covered patio. The CCD does not verify income. Based upon the 9. knowledge of the location of properties in proximity to 13. Thirty days after an AH, a lien is placed against the property communities with a poverty level close to 40 percent the (not a property tax lien) for unpaid fees, fines and CCD estimates that 40 percent of violations involve low- administrative costs. On average, each property has two income families. code violations and AH costs, totaling approximately $7,050. 10. There are six Code Compliance Field Officials who inspect/investigate all CVCs received. 14. As of December 2008, approximately $1.5 million in assessed fines and administrative and abatement costs 11. Citations and fines for code violations are handled in the were owed to the County for CCVs. following manner: a. A 30-day Notice to Abate Violation Citation (NAVC) is 15. RMA holds debts throughout the fiscal year (July 1 through June 30). At the end of the fiscal year, unpaid debts are issued. b. After 30-days, a second NAVC is issued and a $270 turned over to a collection agency. Cost Recovery Fee (CRF) is assessed. c. After an additional 30-days, a third Notice of Violation 16. In August 2008, the County contracted with a local collection agency. The contract is for three years with a and Order to Correct is issued and a $765 CRF is one-year extension and includes the following: assessed. d. Failure to comply with the third notice results in an AH a. Payment for services is 10 percent of monies and a $1,050 CRF is assessed. collected. b. The collection agency may negotiate the balance due RECOMMENDATIONS for a lesser amount therefore increasing the ability to collect monies owed. 1. Initiate an investigation should a field officer come upon property in violation of an Ordinance Code. 17. The collection agency is presently holding a check for $10,000 less their fee for a negotiated offer in compromise 2. Aid those in financial distress in the same manner given to for a property owing more than $30,000 in accrued fees, the elderly/disabled. fines and interest. Collect a greater amount of the estimated one-third 3. 18. County Counsel must approve the negotiated amounts and currently owed through the collection agency from all fees the new balance paid prior to liens being removed from assessed. properties. RESPONSES REQUIRED 19. As of February 2009, $10,959.98 had been collected (not including the collection agency fee). Tulare County Board of Supervisors Tulare County Resource Management Agency 20. The CCD believes that approximately one-third of the 1.5 million dollars owed will be collected through the collection agency. ADDENDUM CONCLUSION As of April 2, 2009, the Tulare County Board of Supervisors While it is commendable that employees of the CCD attempt to combined the Code Compliance Division with the Building help the elderly/disabled by granting time extensions or enlisting Inspection Division. The reorganization will eliminate 11 family to help clean up their properties, some may view this as positions; four current and seven vacant. It is expected that favoritism as there maybe others who are equally in need of this approximately $60,334 will be saved during the remaining type of help. 2008/2009 fiscal year and $661,404 will be saved during the 2009/2010 fiscal year. Past Grand Jury reports recommended the County enlist the aid of an area collection agency, as the County had been unsuccessful in collecting accessed fines, fees and interest. COUNTY GRAND JURY REPORT 2008-2009 TULAR TULARE COUNTY GRAND JURY REPORT 2008-2009 HOUSING BLIGHT IN TULARE COUNTY BACKGROUND Abandoned houses in Tulare County and the Cities of Tulare County present a serious threat to the desirability of home ownership to all communities within the County. The national foreclosure crisis is affecting not only individual families, but whole communities. Cities and states struggle to In Tulare County, more than 1600 homes are in some state of manage the fallout of vacant and abandoned properties. foreclosure. The foreclosure rate among local mortgage holders - two percent - has doubled from this time last year and now State and municipal budgets are hard pressed to cover the outpaces the national rate of 1.7 percent. The County's most rising costs of boarding up abandoned properties, remove trash, populous Cities, Visalia and Tulare, have undergone 1300 and combat increased vandalism, arson, property and personal 500 home foreclosures respectively. Visalia has budgeted crimes. Home prices are falling - and middle-class wealth, long $160,000 this year (2009) to deal with code violation accumulated through home equity, is dwindling. abatement pertaining to neglected and abandoned properties. The foreclosure crisis, fueled by sub-prime mortgages, has In 2008 the City of Visalia received an emergency allocation of resulted in significant property revenue losses for states, $2,388,331 under the U.S. Housing and Urban Development counties and local governments. Because many state and local Neighborhood Stabilization Program, whose purpose was to governments must balance their budgets each year, 20 states assist in the redevelopment of abandoned and foreclosed (including California) have already had to make or are proposing homes. Qualifying factors for the grant included a number of budget cuts due largely to revenue losses. These budget cuts home foreclosures, percentage of homes financed with sub- further harm the economy and deepen the recession. prime loans and the likelihood of increases in the future rate of foreclosures. Among California Cities receiving such a grant, Communities are asking: Visalia's "local abandonment risk" was rated high. A separate How complicated a process is it to deal with abandoned grant of $145,071,506 will be available to the State in early properties? 2009 for which any community not in receipt of a direct grant What is the impact and effectiveness of liens, citations and • can apply through the County. summary abatement actions? What communication and coordination exists among the Most of the Visalia funds are being targeted toward the various state, federal, County and city agencies on these Washington School and Lincoln Oval Park area neighborhoods, issues? but any neighborhood showing need is eligible. REASON FOR INVESTIGATION FINDINGS The 2008-2009 Tulare County Grand Jury is concerned: Federal funds are available through the recently legislated 1. 1. a. whether the County and/or Cities of the County have Housing and Recovery Act of 2008 (HR 3221). HR 3221 any protocol for dealing with abandoned houses; provides $3.9 Billion in grants to the hardest-hit b. whether the County and/or Cities of the County are communities for buying and repairing foreclosed property. preparing for a large increase in the number of abandoned houses due to the escalating sub-prime $11 Billion was made available to agencies in tax-free 2. mortgage meltdown and national credit crisis; municipal bonds for low-interest loans for: c. about the priority assigned to this crisis by city and first time home buyers a. construction of low income rental housing County agencies in the present economic situation. b. refinancing sub-prime mortgages c. pre-foreclosure counseling and legal services for The Grand Jury also has grave concerns relative to the d. 2. impact of abandoned houses including: distressed borrowers a. Vandalism Property value declines The Tulare County General Plan states, "The County shall b. 3. Tax valuation decreases also focus on abatement of dilapidated buildings and c. d. Neighborhood blight structures 1." e. Empty houses becoming attractive nuisances (illegal use of buildings) Policies and procedures for dealing with abandoned 4. properties differ and conflict between the County and PROCEDURES FOLLOWED Cities. Charter law under which most Cities operate and general 5. Interviewed relevant and involved city and County 1. law that directs County activities, treat abandoned property administrative, operating and oversight management. remedies differently. Reviewed relevant County, City, State and Federal policies 2. 6. Actions against the owners of abandoned properties and legislation. beyond imposition of liens and citations are ineffective in remedying the physical problem of an empty house. Reviewed General and Charter Law governing blighted real 3. estate. Tulare County Plan - Goals and Policies Report, pages 5-19 TULARE COUNTY GRAND JURY REPORT 2008-2009 TULARE COUNTY GRAND JURY REPORT 2008-2009 Many jurisdictions recognize the problem, but do not regard Returning abandoned homes/properties to productive use is 7. abandoned properties as a top priority. vital to overcoming the foreclosure crisis. The rehabilitation of homes will also create construction jobs. Few County and City owned/financed units are abandoned 8. as compared to those in the private sector. RECOMMENDATIONS There is very little coordination among the County and 9. Tulare County and all municipal entities in the county adopt 1. Cities on the issue of abandoned homes. two focuses: Increase code enforcement to ensure that abandoned a. 10. County and City jurisdictions are instituting surveys to houses and neighborhoods are not run down. determine the scope of blight. Help first-time homebuyers purchase repossessed b. houses. 11. In some historic districts of Visalia, assistance is being offered to owners/buyers to generate more than $150,000 Encourage people not to walk away from their homes by 2. in cost recovery revenue. Only local contractors are used providing educational classes advertised in the local media for rehabilitation. and held in areas most affected by foreclosures. 12. To report a vacant home with violations, residents may Improve first-time homebuyer programs to get houses out 3. contact: of bank repossession as quickly as possible. Example: only Visalia: 713-4534 a. repossessed houses may be bought with first-time Tulare: 687-2288 b. homebuyer funds. Porterville: 782-7472 or 782-7463 C. Dinuba: 591-5906 d. Adopt and enforce ordinances that crack down on problems 4. Farmersville: 747-0458 (ask for Code Enforcement) e. with abandoned homes by forcing the current owners, Exeter: 592-9244 (ask for Code Enforcement) f. including financial institutions, to maintain their Lindsay: 592-2511 g. houses/properties so that neighborhoods do not become Woodlake: 564-8055 (ask for Building Department) h. run down. Tulare County: 733-6291 i. 5. Make the issue of abandoned homes a top priority. CONCLUSIONS Develop and coordinate plans concerning the issue of 6. Funds are available (see Findings #1 and #2) to help purchase abandoned homes between the County and Cities. (Talk vacant, blighted properties and to rehabilitate them for resale or and work with one another.) affordable rentals to qualified families. 7. Apply for and make use of all available funds through H.R. Bill 3221 and all other resources. RESPONSES REQUIRED Tulare County Board of Supervisors Dinuba City Council Exeter City Council Farmersville City Council Lindsay City Council Porterville City Council Tulare City Council Visalia City Council Woodlake City Council TULAR COURTY GIV ID JULY RE RT 20 2-20 SPECIAL DISTRICTS SPECIAL DISTRICTS TULARE COUNTY INDIAN GAMING LOCAL COMMUNITY BENEFIT COMMITTEE BACKGROUND grant amounts and purposes that relate to the impacts of their gaming facility and set the expiration of the committees at January 1, 2009.3 The Tulare County Indian Gaming Local Community Benefit Committee (IGLCBC) was formed in 2004. It was California REASON FOR INVESTIGATION Senate Bill 621 that first made grant monies available from the Indian Gaming Special Distribution Fund (SDF) for counties, cities and special districts that were impacted by the tribal The Tulare County 2008-2009 Grand Jury on its own initiative decided to investigate the cessation of funding for the Tulare gaming industry. The Benefit Committee fulfilled one of four designated uses1 of these SDF funds that would be County IGLCBC. administered by the California Gambling Control Commission. Tribes operating 200 or more gaming devices on or before PROCEDURES FOLLOWED September 1, 1999 would contribute a certain percentage of their net winnings. In Tulare County the only tribe in this Appropriate officials were interviewed. 1. category is the Tule River Indian Tribe (Tribe), located approximately 20 miles east of Porterville, which owns and Relevant documents were inspected. 2. operates the Eagle Mountain Casino. During its brief tenure, the representatives of Tulare County's IGLCBC consisted of FINDINGS county, City of Porterville and tribal officials, its number and composition determined by statute. In July 2007, the State Auditor conducted an analysis of 1. several of the counties participating in this program and Government Codes established the Special California found that some of them, not including Tulare County, had Distribution Fund and its characteristics2 and established the not complied with the law. IGLCBC, described the calculations to be used to determine In 2007 the governor removed the impact-related funds 2. from the budget for two years, so the expected $60 million 1 The remaining three categories of the SDF consisted of (a) gambling ($30 million per year) was not disbursed from 2007 to addiction and awareness programs, (b) regulatory activities of the Gambling 2008. Funding of the remaining three categories of the Control Commission and (c) the Department of Justice and the compensation of shortfall in the trust fund. (Trust funds are allocated to non-gaming tribes.) 3 Sections 12710-12718 2 Sections 12012.75, 12012.85 and 12012.9 TULARE COUNTY GRAND JURY REPORT 2008-2009 SDF continues based on compacts between the State and A county child development center drainage project to d. Tribe, as there is no expiration date. prevent nearby soil erosion, serving Eagle Mountain Casino employees and their families On September 30, 2008, the State legislature approved 3. The purchase of digital pagers and other emergency e. amended budget trailer Assembly Bill 1389, which will response equipment for county fire and other restore IGLCBC funds in the amount of $30 million, emergency agencies extending them for one year (through January 1, 2010), Additional police and fire safety enhancements to f. and implement some changes in the SDF-IGLCBC program. patrol casino property and allow for adequate traffic Funds will be appropriated from the same State SDF to the enforcement local governments, specifically for the mitigation of casino The county Resource Management Museum Project, g. impacts. If any of the grant monies are used for an which includes the preservation of Native American unrelated purpose by any jurisdiction, the grant to it will cultural and historical heritage end, and unspent monies will revert to the SDF. The IGLCBC disbanded when impact mitigation funding for 6. In spite of the release of these funds, their availability 2007-2008 was discontinued and pertinent State remains uncertain due to the ongoing reconsideration of legislation ended. The IGLCBC reformed on January 21, the budget. 2009. Hearings are open to the public, and agendas and applications for funds are available through the County Priorities for funding through the IGLCBC have included law 4. administrative offices. enforcement, fire services, emergency medical services, roads, public health, recreation and youth programs, waste CONCLUSION disposal, water supplies, child care programs, mitigating environmental impacts and behavioral health. The use of casino impact funds in Tulare County has been conservative and responsible. The relationship between Tulare Specific projects have included: 5. County and the Tribe has been extremely positive. Involvement The rehabilitation and safety striping of the principal a. in the IGLCBC by the Tribe has been considerable. During the access road to the Casino years that funds were available, the State-run features of the b. A Sierra View District Hospital Emergency Department program meshed well with County goals. upgrade for increased access A Sheriff's Department communications tower c. Indian gaming casinos are enterprise funds of tribal designed to improve the reliability of communication The Tribe is licensed to carry out gaming governments. for emergency responders activities in order to (a) support its members and (b) raise revenue for its government operations programs, which is where a substantial portion of its profits go. Given the nature of the casino as an "economic engine" -- and the cooperation of a tribe and its county as an economic development issue - there are few enterprises with more potential than the simultaneous growth and improvement of both entities. RECOMMENDATION All local government entities continue to be open to opportunities that strengthen and improve their working relationship with the Tribe. RESPONSE REQUIRED Tulare County Board of Supervisors TULAR COURTY GIVED JULY RE RT 20 2-20 TULARE COUNTY GRAND JURY REPORT 2008-2009 OROSI PUBLIC UTILITY DISTRICT BACKGROUND FINDINGS It is unknown whether the OPUD Board has taken Ethics The town of Orosi, occupying two and one-half square miles in 1. northwest Tulare County, has a population of approximately Training.3 Orosi's provider of water is the Orosi Public Utility 8,500. District (OPUD), one of many special districts approved by Tulare The Brown Act requires the posting of public meeting 2. County's LAFCO (Local Agency Formation Commission). OPUD's agendas at least 72 hours in advance in at least one location accessible to members of the public.4 governing Board seats five members: president, vice-president and three directors. While autonomous, it is required to follow State laws that address elections, public meetings and record The agenda for the January 8, 2008 OPUD Board meeting 3. was posted on January 3, 2008. keeping, as well as to conduct a yearly audit. Between the dates of January 4 and 7, 2008, certain OPUD REASON FOR INVESTIGATION 4. Board and staff members became aware of the possible resignation of a Board member. The 2008-2009 Tulare County Grand Jury received a citizen complaint regarding violation of the Brown Act2 by directors of On January 4, 2008, a local resident was contacted by a 5. the OPUD Board. Board member and asked if he was interested in filling a possible vacancy. PROCEDURES FOLLOWED 6. At the January 8th meeting, the Board member did resign. Relevant witnesses were interviewed. 1. 2. Relevant documents were inspected. Passed in 2006, Assembly Bill 1234 (California Government Code Section 53235) requires all City/County officials, directors, trustees, and other governing board members of California Special Districts to receive two hours 1 LAFCOs are governing bodies that were created by State legislation to approve and coordinate the formation of new cities and special districts. One of Ethics Training approved by the Attorney General's Office and the Fair LAFCO is required in each California County except San Francisco. Political Practices Commission. California Government Code Sections 54950-54962. Government Code Sec 54954.2(a) (1). 2. OPUD Board members attend mandatory Ethics Training, Following the Board member's resignation the Board added 7. an agenda item to immediately appoint a Board member including recertification every two years. replacement.5 3. The Board of Supervisors include links to the Brown Act and The Board proceeded to approve the appointment of a other resources that would be helpful to Special Districts on 8. replacement member. the County website. 9. All of these actions took place during the January 8th 4. The Supervisors assist OPUD and other struggling districts. meeting. RESPONSES REQUIRED CONCLUSION Orosi Public Utility District Tulare County Board of Supervisors While the letter of the law concerning the addition of an item to the January 8th meeting agenda may have been observed, the spirit of the law which demands openness was not. Nothing would have been lost by dealing with a replacement appointment at a later meeting. Board members of OPUD need to operate with transparency and cooperation among themselves and with the community. RECOMMENDATIONS OPUD Board members follow the Brown Act when posting, 1. agenizing and conducting public meetings. California Government Code Section 54954.2(b)(2) states, "Upon a determination by a two-thirds vote of the members of the legislative body present at the meeting, or, if less than two-thirds of the members are present, a unanimous vote of those members present, that there is a need to take immediate action and that the need for action came to the attention of the local agency subsequent to the agenda being posted as specified in subdivision (a)." TULAR COURTY GL/ ID JULY RE RT 20 2-20 TULARE COUNTY GRAND JURY REPORT 2008-2009 TEVISTON COMMUNITY SERVICES DISTRICT PROCEDURES FOLLOWED BACKGROUND Relevant documents were inspected. 1. One of Tulare County's many Special Districts, Teviston Community Services District (Teviston) covers an area of Relevant personnel were interviewed. 2. approximately 80 acres off Highway 99 between Earlimart and Pixley. As self-governing entities, Special Districts provide public 3. The Grand Jury attempted to attend a Board meeting, services only to their residents and are limited to services such however it was cancelled. as fire protection, utilities, cemeteries and libraries. FINDINGS The original residents migrated mainly from Oklahoma, Texas and the Midwest in the 1930s to take advantage of the fertile and affordable farmland. Teviston's population is now Teviston failed to respond to the 2007-2008 Grand Jury 1. approximately 400. The County's LAFCO1 (Local Agency report on their District as required by law. Formation Commission), approved and coordinated Teviston's formation as a Special District for water in 1956. 2. The last Board meeting where business was conducted was December 11, 2008. REASON FOR INVESTIGATION 3. Since July of 2008 all regular meetings were cancelled with the exception of August 14, 2008 and December 11, 2008. The 2008-2009 Tulare County Grand Jury received a citizen complaint regarding action and non-action by members of the 4. The cancellation of regularly scheduled meetings was due Teviston Community Services District Board. The 2005-2006 to lack of a quorum. and 2007-2008 Grand Juries investigated similar matters pertaining to the district's governance. The District Secretary conducts 5. normal business transactions without supervision. A second employee performs District maintenance without 6. supervision. LAFCOs are governing bodies that were created by State legislation to approve and coordinate the formation of new cities and special districts. One Teviston's two employees are paid by cash voucher. 7. LAFCO is required in each California County except San Francisco. 8. Payroll taxes were paid through 2006 according to the 4. Teviston's Board must hire an independent auditor and independent audit report of that year, which was the last provide the County and the State with the required yearly known audit. audit reports. 5. Teviston's Board must stop paying their employees with Payroll taxes are currently in arrears, as of May 27, 2009. cash vouchers. 9. 10. Teviston has not filed an independent audit report as 6. Teviston's Board must pay all taxes owed to Federal and required by State law 2 since 2006. State authorities. CONCLUSION RESPONSES REQUIRED The Teviston Community Services District Board of Directors is Teviston Community Services District Board of Directors not functioning. No legal entity (neither the Tulare County Board Tulare County Board of Supervisors of Supervisors nor the State of California) is taking any responsibility for providing adequate oversight for the 400 people who depend on Teviston for water services. The people of Teviston must take an active role in the governance of their community. RECOMMENDATIONS 1. Although there is no legal requirement that the Board of Supervisors provide oversight to Special Districts, the Supervisors need to take the responsibility to assist those Special Districts that are experiencing such great difficulties. 2. Teviston's Board members must renew their commitment to serve and attend meetings. 3. Teviston's Board members must accept their obligation to supervise the District's operations. California Administrative Code Title 2, Section 1131.2. COURTY GLAND JULY RE RT TULAR 2.0 CITIZEN COMPLAINT PROCEDURES CITIZEN COMPLAINT FORM 1. Who: Any citizen of Tulare County may submit complaints concerning a variety of grievances. The complaint must be in writing. All complaints will be reviewed. Your Name: Address:______ * The Tulare County Grand Jury may refuse to act on a complaint, particularly if the matter is under judicial review, appears to be more appropriate for action by another . agency, or is out of the Jury's jurisdiction, such as the federal government or any State City:_____State:____Zip:____ · of California department. Telephone Number_____ Cell Number_____ SUBMISSION OF A COMPLAINT 2. What: Subject of complaint. Briefly state the nature of complaint and the action of the • department, section, agency or official(s) that you believe was illegal or improper. Use additional • The written complaint should cover the following points: sheets if necessary. 1. Your name, address and telephone number. • 2. Who or what agency is the complaint against? (What is the nature of the ____ complaint?) 3. When: Date(s) of Incident. ____________________________________ 4. Where did the incidents occur? (Address of incident or person or agency responsible) 4. Where: _____ 5. Why or how did incident happen? 6 Who else have you contacted about the incident? All normal attempts to resolve the problem should have taken place prior to submission of a citizen complaint to the Grand Jury. Why/How: Attach pertinent documents and correspondence with dates. • 7. SIGN AND DATE YOUR COMPLAINT. 6. Other persons or agencies you have contacted about this problem: THE COMPLAINT'S IDENTITY IS RIGOROUSLY GUARDED. AND THE GRAND JURY IS FORBIDDEN BY LAW Signed:_____ TO RELEASE ANY INFORMATION ABOUT INVESTIGATIONS Date:_____ See Complaint Form Procedures on reverse side for complete instructions. All forms must be signed. TULARE COUNTY GRAND JURY REPORT 2008-2009 TULARE COUNTY GRAND JURY NOMINATION FORM B. Spouse Information _____ Married _____ Single _____ Separated/Divorced _____ Widow/Widower Name: Name of Spouse: _____ Employed? ____ Yes ___ No First Middle Last Occupation/Employer of Spouse: Mailing Address: If spouse is retired, unemployed, or deceased, what was former occupation? _____State _____Zip___ City: Miscellaneous Information Telephone Number: Are you in good physical and mental health, and able to serve as a juror if selected? _____Yes _____ No Birthplace: _____ Birthdate: _____ Indicate any limiting condition: Vision satisfactory? _____ Yes _____ No Hearing satisfactory? _____ Yes _____ No U.S. Citizen: _____Yes _____No Tulare County Resident: _____Yes _____No Can you read, write and understand the English language? _____ Yes _____ No (at least 1 year) Age Range: _____ 18 – 25 _____ 26 – 34 _____ 35 – 44 _____ 45 – 54 Schooling background (please circle the highest grade completed) Grammar: 1 2 3 4 5 6 7 8 High School: 1 2 3 4 College: 1 2 3 4 5 6 7 _____ 55 – 64 _____ 65 – 74 _____ 75 and over Are you contemplating any absence from Tulare County during the fiscal year of July 1st through June 30th, which Female Male Gender: might interfere with your performance as a Grand Juror? Race/Ethnicity - Candidates may select more than one category: Yes ____ No If yes, explain (use separate sheet of paper) American Indian or Alaska Native _____ Asian Are you presently involved in any law suit pending in an Court, in any County or Judicial District in the State? _____ Yes _____ No If yes, explain. Please describe the nature of the litigation (use separate sheet of paper) Black or African American _ Hispanic/Latino THE FOLLOWING QUESTIONS MUST BE ASKED, AND ANSWERED, PURSUANT TO SECTION 893 OF THE Native Hawaiian or other Pacific Islander White PENAL CODE OF THE STATE OF CALIFORNIA: Other race or ethnicity – please specify: 1. Have you ever been convicted of a crime? _____ Yes _____ No If you answered yes, please state for what charge, the date and what Court(use separate sheet of paper) Decline to Answer 2. Have you ever been convicted of malfeasance in office? Yes No A. Employment Information If you answered yes, please state the date, place and circumstance (use separate sheet of paper) _____ Employed Now? ____ Yes ____ No Occupation: • 3. Have you served as a Grand Juror in any Court of this state? Yes No Name & Location of Employer: • If you answered yes, please state what County and the date you were discharged as a Grand Juror (use separate City: ______ State: _____ Zip: _____ sheet of paper) Telephone number: • 4. Are you presently serving as a trial juror in any court of this state? Yes No If you answered yes, please state name and location of the Court in which you are serving: Self-employed? ____ Yes ___ No If yes, name of business:_____ Address: _____ City: ____ • 5. Are you presently serving as an elected official? Yes No If you answered yes, please specify State: _____ Zip: ____ Telephone number: ____ what office: Retired, unemployed or recently changed jobs – please give former occupation: 6. Are you presently a candidate for any Elective Public Office? Yes No Are you planning to run for any Elective Public Office during the next calendar year? If employed, does your employer understand the extent of the duties of a Grand Juror; and will you be Yes ____ No If you answered yes to either question, please state what office: permitted to participate fully for the entire year? _____ Yes _____ No 7. In your own words, please state why you wish to serve as a Tulare County Grand Juror (if necessary use separate sheet of paper): Signature: Date: 2008-2009 Tulare County Grand Jury Roy Reini Gene Mooers, Foreman Annella Derby Sharon Lamagno Bob Atwood Mario Rodriguez Charles Webber, Foreman Pro-Tem Jacki Fletcher Irene Lapin Sylvia Baggs Tom Sullivan Kat Harris Ronald Marangi Renee Walker, Secretary Roberto Bustos Lino Moran Mark Wright Louise Whittle, Clerk of the Grand Jury Annette Jones Vince Davis 2008-2009 79 \mathbf{C} GRA B EPORT RE

F2: salaries do not appear to be out of line in comparison with other Code, the salaries for the BOS were increased by 4.56 local counties. (see Figure 1 below) percent. COUNTY GRAND JURY REPORT 2008-2009 TULARE i Lini 7.2m America Contract RESPONSES

Related Recommendations (1)

R2: 11 7 (1) TULARE COUNTY GRAND JURY REPORT 2008-2009 TULARE COUNTY LIBRARY SYSTEM BACKGROUND FINDINGS The fourth County Library in California was established by the During the fiscal year 2002-2003, of 177 reporting 1. Tulare County Board of Supervisors (BOS) on June 10, 1910. California Public Libraries, the TCLS spent $8.55 per The Tulare County Library System (TCLS) operates 15 branch capita.1 This figure was the eighth lowest in the state. libraries (see Figure 1). The TCLS is a member of the San The statewide mean (middle point between extremes) is Joaquin Valley Library System, which is a cooperative network of $26.34. ten public library jurisdictions in seven counties of California's Central Valley, including: Coalinga-Huron, Fresno County, Kern For the same time period and reporting entities, the TCLS 2. County, Kings County, Madera County, Mariposa County, Merced provided 1.18 books per capita. This was the 17th lowest of the 177 reporting California Public Libraries. The County, Porterville Public, Tulare County and Tulare Public. The TCLS is also a member of the Heartland Regional Library statewide mean was 2.16. The library's collection of more than 300,000 volumes includes books, magazines, Network, which is composed of public, academic, school and special libraries in Mariposa, Madera, Fresno, Tulare, Kings and newspapers, videos and audio books. Kern Counties. 3. The materials budget including books, microfilms, periodicals, DVDs, CDs and audio books for FY 2008- REASON FOR INVESTIGATION 2009 is $1,124,854. On its own initiative, the . The 2008-2009 operating budget for the TCLS is investigated the Tulare County Public Library System services. $4,775,689. This budget supports 36.6 positions. PROCEDURES FOLLOWED 5. The Library provides multiple literacy programs customized for adults, children, English speakers of other 1. Multiple library branches were visited. languages and County jail inmates. 2. Relevant witnesses were interviewed. 3. Relevant documents were examined. These figures are the most recent that were provided by the Tulare County Librarian who indicates that "there has been no significant movement in the rankings, either way." 6. Individual library hours of operation (see Attachment A) As of February 28, 2009, the TCLS has a fund balance of 10. vary widely; the weekly hours are: $2,066,022. These funds have been accumulated by the County Librarian over time and cannot be converted to the General Fund of the County. According to the BRANCH HOURS PER WEEK County Librarian, "There are no current plans to spend this money. The purpose of the balance is to keep the Alpaugh 14 35 Dinuba Library from having to borrow money, to earn interest for 28 the operational fund and to weather moderately bad Earlimart 35 budget scenarios for multiple years without having to cut Exeter 14 back on established services." Ivanhoe 34 Lindsay 21 Orosi 11. The TCLS currently owns one bookmobile and one Techno-mobile 2 that are NOT in service and are stored at Pixlev 40.5 21 the Road Yard on Lovers Lane at Road 256. The plan is Springville Strathmore 14 to restart these services this fiscal year; however, this Terra Bella 22 (25 during the summer) decision will be made by May 2009. Three Rivers 20 14 CONCLUSIONS Tipton Visalia 47 Woodlake 20 The amount spent per capita and books owned per capita in Tulare County falls significantly below the statewide mean. The 7. Only the Pixley and Visalia branches are open on TCLS consistently maintains a fund balance that appears to Saturdays. greatly exceed the stated needs. The hours of operation in the various branches appear to be inadequate. Many of the smaller 8. The Grand Jury found that the posted hours of operation communities in the County rely on the bookmobile and Techno- are not always observed. mobile and they are not being served. 9. Some of the County Public Libraries are jointly run by the County and the local school districts, specifically Pixley and Terra Bella. In these cases, the school district pays the Librarian's salary. The Pixley Unified School District is 2 A bookmobile is a bus-type traveling library that services those communities currently separating themselves from the Joint Library that do NOT have a permanent library building. A techno-mobile is a bus-type Services System. The Woodlake School District owns the vehicle that is filled with computers and services those communities which do building in which the Woodlake Branch resides. NOT have a permanent library building. GRAND JURY REPORT COUNTY 2008-2009 E.A. Air. - Figure 1 RECOMMENDATIONS 1. The Librarian should submit a yearly report to the BOS detailing his plan to reduce the Library's EXCESSIVE fund Dinuba balance. Orosi/Cutler 198 2. Increase the annual materials budget. 63) 99 Three 3. Increase the hours of operation in the various branches Woodlake Ivahhoe Rivers to include some weekend hours. Visalia -(198) Immediately return the bookmobile and Techno-mobile to 4. Exeter full operation. 5. Adhere to posted hours of operation. ...Lindsay (137) RESPONSES REQUIRED .•Strathmore Springville ! Tulare County Board of Supervisors ■Tipton Tulare County Librarian (190) •Terra Bella Pixley Alpaugh ■Earlimart (65) Attachment A HOURS HOURS BRANCH BRANCH Alpaugh 10 am-12 pm, 1 pm-6 pm Springville Mon. Tues. 10 am-1 pm, 2 pm-6 pm 3816 Avenue 54 35800 Highway 190 12 pm -- 5 pm, 6 pm--8 pm Wed. Thurs. 10 am-1 pm, 2 pm-6 pm 559 949-8355 559 539-2624 10 am-12 pm, 1 pm-5 pm Fri. 10 am-1 pm, 2 pm-6 pm Mon. 12 pm-5 pm, 6 pm-8 pm Dinuba Strathmore Tues. Tues. 10 am-1 pm, 2 pm-6 pm 150 South "I" St. 10 am-1 pm, 2 pm-6 pm 19646 Road 230 Wed. Thurs. 10 am-1 pm, 2 pm-6 pm Thurs. 12 pm-5 pm, 6 pm-8 pm 559 568-1087 559 591-5829 10 am-1 pm, 2 pm-6 pm Fri. Mon. 8:30 am-11:30 am, 12 pm-2:30 pm Mon. 10 am - 1 pm. 2 pm - 6 pm Terra Bella Tues. 8:30 am-11:30 am, 12 pm-2:30 pm Earlimart Tues. 10 am-1 pm, 2 pm-6 pm 23825 Avenue 92 Wed. 8:30 am-11:30 am, 12 pm-2:30 pm 780 E. Washington Wed. 10 am-1 pm, 2 pm-6 pm 559 535-5583 Thurs. 8:30 am--11:30 am, 12 pm--2:30 pm 661 849-2525 Thurs. 10 am-1 pm, 2 pm-6 pm 8:30 am-2:30 pm Summer hours Mon. - Fri. 12 pm-5 pm, 6 pm-8 pm Mon Exeter Three Rivers Tues. 12 pm-5 pm, 6 pm-8 pm Tues. 10 am-1 pm, 2 pm-6 pm 230 E. Chestnut 42052 Eggers Dr Thurs. 10 am-1 pm, 2 pm-6 pm 12 pm-5 pm, 6 pm-8 pm Wed. 10 am-1 pm, 2 pm-5 pm 559 561-4564 Fri. 559 592-5361 Thurs. 10 am-1 pm, 2 pm-6 pm 10 am-1 pm, 2 pm-5 pm Fri. Ivanhoe Tipton Tues. 10 am-1 pm, 2 pm-6 pm Tues. 10 am-1 pm, 2 pm-6 pm 15964 Heather 301 E. Woods Ave. Thurs. 10 am - 1 pm, 2 pm - 6 pm Thurs. 10 am-1 pm, 2 pm-6 pm 559 752-4236 559 798-1264 10 am-1 pm, 2 pm-6 pm Mon. Mon. thru Thurs. 10 am—8 pm Lindsay Visalia Tues. 12 pm-5 pm, 6 pm-8 pm 157 N. Mirage St 200 W. Oak Ave. 10 am-5 pm Sat. 10 am-1 pm, 2 pm-6 pm Wed. 559 562-3021 559 713-2700 Thurs. 12 pm--5 pm, 6 pm--8 pm 10 am-1 pm, 2 pm-5 pm Fri. Mon. thru Thurs. 1 pm - 5 pm History Room Orosi 10 am-1 pm, 2 pm-6 pm Mon. 10 am-1 pm, 2 pm-6 pm Mon. Woodlake 12646 Avenue 416 10 am-1 pm, 2 pm-6 pm Wed. Wed. 10 am-1 pm, 2 pm-6 pm 400 W. Whitney 559 591-5830 10 am-1 pm, 2 pm-5 pm Fri. 10 am-1 pm, 2 pm-5 pm Fri. 559 564-8424 8 am-12 pm, 1 pm--5 pm Mon. Pixlev 11 am - 3 pm, 4 pm - 8 pm Tues. Pixley Union Elementary The information in this Figure was taken from the 8 am-12 pm, 1 pm-5 pm Wed. School Tulare County Library website. Thurs. 11 am-3 pm, 4 pm-8 pm 300 North School www.tularecountylibrary.org 11 am - 3 pm Fri. 559 757-3880 Sat. 2 pm-6 pm TULARE COUNTY GRAND JURY REPORT 2008-2009 TULARE COUNTY GRAND JURY REPORT 2008-2009 TULARE COUNTY'S PROPOSED NEW MOTOR POOL 1. The Tulare County Resource Management Agency's (RMA) BACKGROUND Support Services Division is in charge of the proposed new Motor Pool development. The Tulare County Motor Pool (Motor Pool) houses and maintains County vehicles (Fleet Service) assigned to specific Bids for the Motor Pool will be solicited and construction 2. departments, which are used for business conducted both in completed in two separate phases. and outside Tulare County and is presently located at the Tulare County Civic Center. Construction of a new Motor Pool facility The entire Motor Pool project will consist of the following: 3. supports the County of Tulare's Strategic Business Plan Initiative A modular steel building, approximately 10,080 a. No. 4, by combining all Fleet Services onto one site, thereby square feet, will contain six service bays, one bulk creating opportunities to maximize efficiencies and reduce storage bay, and approximately 1,680 square feet for redundancies. The Tulare County Road Yard, located on the parts storage and administrative space including southeast corner of Lovers Lane and Avenue 256, south of restroom facilities Visalia, was chosen for the proposed new Motor Pool facility. Approximately 20,000 square feet of new asphalt b. pavement for outdoors car storage, parking areas, REASON FOR INVESTIGATION circulation, and access driveways Under California Penal Code Section 925a, the 2008-2009 This project is included in the proposed Capital Projects 4. Tulare County Grand Jury decided to investigate the proposed budget. new Motor Pool facility for Tulare County. The Tulare County RMA engineer's estimate of the total 5. PROCEDURES FOLLOWED cost of Phase I was $529,000. Relevant witnesses were interviewed. 1. Funded through the Road Budget, trenching and incidental 6. site preparation is included in Phase I and will cost 2. Relevant documents were examined. $23,000. The proposed new Motor Pool site was visited. 3. 7. The engineer's estimate of the total cost of Phase II was $722,832. FINDINGS 8. The engineer's estimate for the total cost of the Motor Pool and mandated by California Labor Code Section 1773 for was $1,240,682. contracted public works projects. Phase I includes: 15. On December 9, 2008 the BOS authorized its Chairman to 9. Pouring the foundation sign the construction agreement upon receipt of certificates a. of insurance, bonds, license verification and contract after Erecting a pre-engineered metal building b. review and approval as to form by County Counsel. Installing bay doors c. Stubbing in all utilities d. Framing for the offices that will house staff 16. The contract, work will begin within 10 calendar days after e. Fire protection system the date the Notice to Proceed (NP) is received by the f. contractor and subject to authorized adjustments. Phase II includes: a. Installation of previously purchased maintenance 17. The contract stipulates that substantial completion of the work shall be achieved not later than 150 days after the equipment b. Completion of the interior to include insulation, contractor receives the NP. finishing of the parts storage and administrative spaces, interior utilities and environmental systems 18. The contractor is liable for damages in the amount of $100 c. Remodel existing car wash facility using a Job Order per calendar day beyond the completion date. Contract 19. An approved set of stamped architectural plans needs to be submitted to the Tulare County Building Department before 11. The contents of two maintenance garages located at the Tulare County Civic Center will be relocated to the new permits can be issued. Motor Pool Facility. 20. Inspection will be done as work is completed. 12. On October 30, 2008, five independent contractors submitted bids to the Clerk of the Tulare County Board of 21. Currently, there are three manual hand-wand car wash Supervisors (BOS). On December 9, 2008, the lowest systems, two at the County Yard and one at the Men's responsible bid, $517,850, was delivered to the BOS. Correctional Facility. 22. The County has a contract with two full car wash services- 13. On January 15, 2009, a contract for phase I was executed. Kwik N Kleen in Tulare and Town & Country in Visalia. 14. The contract stipulates that prevailing wages are to be paid as established through the Director of Industrial Relations 23. Acapulco Car Wash is used in Porterville, however a credit account is used instead of a contract. TULARE COUNTY GRAND JURY REPORT 2008-2009 24. As of March 10, 2009, a total of $18,564 for 3,307 car DO NOT renew the car wash contracts; saving the County 3. washes had been expended for the 2008-2009 FY as approximately $25,000 per year. follows: The Visalia car wash was paid $15,996 for 3,100 RESPONSES REQUIRED a. washes. b. The Tulare car wash was paid $1,982 for 158 washes. Tulare County Board of Supervisors The Porterville car wash was paid $586 for 49 C. Tulare County Resource Management Agency washes. 25. As of March 31, 2009, construction of Phase I had not yet begun as all the required permits have not yet been issued. However, the County is currently undertaking trenching and site preparation. 26. Funds for Phase II are available. However, the bidding process is not expected to begin until the 2009-2010 FY. CONCLUSION Completion of this project may relieve, to some extent, the limited public parking at the Tulare County Civic Center. Employees, jurors, and the handicapped occupy most of the available Civic Center parking spaces; leaving approximately 100 parking spaces for public use. RECOMMENDATIONS With the exception of Porterville, all County vehicles use the 1. car wash available at the County Yard. 2. Move all County motor pool vehicles parked at the Civic Center to the new Motor Pool facility, which will allow additional public parking spaces. EDUCATION EDUCATION STATUS OF HARASSMENT POLICIES IN TULARE COUNTY HIGH SCHOOLS BACKGROUND For centuries, students across America have been targeted for harassment.2 Tulare County high schools are no stranger to harassment.3 Consequences of harassment can be severe, On September 11, 2007, Governor Arnold Schwarzenegger affecting the mental and physical well-being of targeted signed The Safe Place to Learn Act Assembly Bill 394 (AB 394). students, staff members and innocent bystanders. This bill reinforces the California Student Safety and Violence Prevention Act of 2000 (AB 537), which is the current law. AB 537 amends the California Education Code Section 35294, REASON FOR INVESTIGATION which prohibits discrimination against and harassment of students and staff based on sex, ethnic group identification, In compliance with Penal Code Section 925a, the 2008-2009 race, national origin, religion, color and mental or physical Tulare County Grand Jury was concerned about harassment in disability. Bills AB 394 and Senate Bill 777 (SB 777)1 became schools and decided to investigate how the County high schools law on January 1, 2008. AB 394 provides California school handled harassment issues. districts with required resources to update their anti- discrimination materials and training processes. School districts PROCEDURES FOLLOWED are now required to adopt anti-harassment policies, train teachers, and keep records of reported incidents and how they A questionnaire was sent to 18 high schools in the County: 1. were resolved. Alpaugh, Dinuba, El Diamante, Exeter, Farmersville, Golden West, Granite Hills, Lindsay, Mission Oaks, Monache, Mt. The Safe Schools Coalition stated that schools with anti- Whitney, Orosi, Porterville, Redwood, Strathmore, Tulare harassment programs, involving parents, non-teaching staff, Union, Tulare Western and Woodlake. teachers and student leaders have been shown to help reduce harassment and to promote civility and stability within our high 2. Relevant documents were reviewed. schools. 3. Relevant personnel were interviewed. 2 "Harassment is a repeated negative behavior that takes advantage of a less SB 777 The California Student Civil Rights Act simplifies and clarifies existing civil rights protections for California students by providing an explicit powerful person. The negative behavior may involve physical violence, name- and clear list of all the prohibited bases of discrimination in publicly funded shunning, calling, shaming, threatening, and cyber-bullying." kindergarten through grade twelve schools (California School Board www.waparentslearn.org 3 Loomis vs. Visalia Unified School District 262 F. Supp. 2d 1088 Association-SB 777 Questions and Answers). TULARE COUNTY GRAND JURY REPORT 2008-2009 TULARE COUNTY GRAND JURY REPORT 2008-2009 FINDINGS Question 5: Do you keep track of the victims and perpetrators of harassment in your high school? All schools have a tracking system in place. The questionnaire is for the 2008-2009 school year and 1. consists of the following: Question 6: Do you have programs for teachers if they are a victim of harassment from students at your high school? Question 1: Do you have programs in your high school to deal with harassment at school? a. Thirteen schools reported "Yes." b. Five schools — Farmersville, Strathmore, Tulare Union, Tulare a. Fifteen schools reported that they have some type of Western and Woodlake - reported "No." harassment program. b. Three schools — Alpaugh, Tulare Western and Woodlake — do not have any type of program in place. Although these Question 7: Do the teachers in your high school have any schools state they do not have a harassment program they training on your harassment programs before school begins follow their district Policy and Procedures. (Tulare Western is each year? in the process of creating a program.) a. Fifteen schools reported "Yes." b. Three schools - Orosi, Strathmore and Tulare Union- Question 2: Are students aware of your programs? reported "No". a. Fifteen schools reported "Yes." b. Three schools - Alpaugh, Orosi and Woodlake - reported Question 8: Does your school have law enforcement available "No." on school campus? Question 3: Do students have an assigned person they can go a. Sixteen schools reported "Yes". b. Two schools — Lindsay and Strathmore — reported "No." to if they are being harassed? All schools reported that their students know where to go if they Question 9: How many incidents dealing with harassment were reported from your high school in the 2007-2008 school need help. year? Question 4: Do you notify the victim's and the perpetrator's parents when an incident is reported? A total of 178 incidents were reported from the following high schools: All schools notify the parents/guardians of a student involved with a harassment incident at school. d. Exeter 3 3. Several high schools use the Breaking Down the Walls 8 Program:4 Dinuba, El Diamante, Farmersville, Golden West e. Farmersville f. Granite Hills 6 and Redwood. Golden West 19 g. Tulare Union High School has implemented the Crossing h. Lindsay 4. 0 the Line program.5 Mission Oak i. Monache 17 Mt. Whitney 5. All schools are required to follow the California Education k. Code Section 200-201 (printed at the end of this report). Orosi I. 5 m. Porterville 11 CONCLUSIONS n. Redwood Strathmore 2 7 p. Tulare Union Not all high schools in our County have harassment programs. Schools without harassment programs are clearly in violation of Tulare Western Woodlake 5 AB 394, which places students' and staff members' health, safety and welfare at risk. Question 10: How many expulsions did your high school have for the school year 2007-2008 dealing with harassment? RECOMMENDATIONS A total of eleven students were expelled from the following high Comply with AB 394 and SB 777. 1. schools: El Diamante 2 a. Farmersville 1 b. Golden West C. Breaking Down the Walls is a program designed to tear down the 2 Mt. Whitney d. boundaries that may exist among students and teachers within their school. Orosi 4 e. The program tries to get students to talk to their peers they would normally Tulare Western 1 f. never talk to. One of the goals is to help students realize that while they may come from very different backgrounds, they may also have very much in common; they may have many of the same problems. Some schools are more diligent in following through with 2. their policies and reporting their incidents. Crossing the Line is a program designed to explore student diversity so they can learn to address their differences. Students gather on one side of the room facing the center and then specific categories/labels/descriptions are called out. For example, a student feels embarrassed about the economic situation of his/her family; he/she walks to the other side of the room and turns around, thus Crossing the Line. Students see that they have more in common than they realize. (CIRVAIN D) ALUEN TULA COUNTY REPDRI 3 - 2 11113 2. Provide written documents to all students, staff members, parents and guardians with the school's policy on harassment. 3. Educate parents and guardians about school harassment programs. Encourage students to report incidents of harassment. 4. 5. Implement uniform harassment policies in all schools. Require all school personnel to undergo training/retraining 6. on harassment programs prior to the beginning of each school year. RESPONSES REQUIRED Alpaugh High School Dinuba High School El Diamante High School Farmersville High School S. Golden West High School Granite Hills High School 'to educate," Lindsay High School Mission Oaks High School Monache High School Mt. Whitney High School Orosi High School Porterville High School Strathmore High School Tulare Union High School Tulare Western High School Woodlake High School CALIFORNIA EDUCATION CODE SECTION 200-201 It is the intent of the Legislature that each public school (f) Section 200. It is the policy of the State of California to afford undertake educational activities to combat discriminatory all persons in public schools, regardless of their disability, incidents on school grounds and, within constitutional gender, nationality, race or ethnicity, religion, sexual orientation, bounds, to minimize and eliminate a hostile environment or any other characteristic that is contained in the definition of on school grounds that impairs the assess of pupils to hate crimes set forth in Section 422.55 of the Penal Code, equal equal educational opportunity. rights and opportunities in the educational institutions of the It is the intent of the Legislature that this chapter shall be (g) state. The purpose of this chapter is to prohibit acts that are interpreted as consistent with Article 9.5 (commencing with contrary to that policy and to provide remedies therefore. Section 11135 of Chapter 1 of Part 1 of Division 3 of Title 2 of the Government Code, Title VI of the federal Civil Rights All pupils have the right to participate fully in Section 201. (a) Act of 1964 (42 U.S.C. Sec. 1981, et seq.), Title IX of the discrimination the educational process, free from Education Amendments of 1972 (20 U.S.C. Sec 1681, et and harassment. seq.), Section 504 of the federal Rehabilitation Act of 1973 (b) California's public schools have an affirmative obligation to (29 U.S.C. Sec. 794 (a) ), the federal Individuals with combat racism, sexism, and other forms of bias, and a Disabilities Education Act (20 U.S.C. Sec. 1701, et seq.), responsibility to provide equal educational opportunity. the Unruh Civil Rights Act (Secs. 51 to 53, (commencing (c) Harassment on school grounds directed at an individual on with Sec. 12900), Div. 3, Gov. C.), except where this the basis of personal characteristics or status creates a chapter may grant more protections or impose additional hostile environment and jeopardizes equal educational obligations, and that the remedies provided herein shall not opportunity as guaranteed by the California Constitution be the exclusive remedies, but may be combined with and the United States Constitution. remedies that may be provided by the above statutes. There is an urgent need to prevent and respond to acts of (d) hate violence and bias-related incidents that are occurring at an increasing rate in California's public schools. There is an urgent need to teach and inform pupils in the (e) public schools about their rights, as guaranteed by the federal and state constitutions, in order to increased pupils' awareness and understanding of their rights and the rights of others, with the intention of promoting tolerance and sensitivity in public schools and in society as a means of responding to potential harassment and hate violence. TULARE COUNTY GRAND JURY REPORT 2008-2009 TULARE COUNTY GRAND JURY REPORT 2008-2009 ELEMENTARY SCHOOL DISTRICTS AND STATE LOTTERY FUNDS: USES, ACCOUNTING AND COMPLIANCE BACKGROUND source of funding. This was in reaction to the 1978 Proposition 13 ("People's Initiative to Limit Property Taxes"), which had set The California State Lottery (CSL) was established in 1984 limits on what school districts could receive. following voter approval of Proposition 37, known as the "California State Lottery Act." Its mandate was to provide Since 1985, $19 billion of the Lottery monies have been supplemental funding to public education from kindergarten allocated to California schools. Overall, however, they have through college and to several specialized schools. California continued to show a steady decline and a failure to keep pace Government Code1 requires at least 34 percent of total CSL with inflation. California per capita Lottery sales were found to annual revenues to be allocated to public education and 50 represent only one-half of the national average.4 percent to Lottery prizewinners; no more than 16 percent would go to CSL administration.2 Funding would be CSL funds have accounted for 1.9 to 4.6 percent of the total automatically provided based on student average daily kindergarten-through-12th-grade (K-12) spending. In addition, attendance (ADA).3 None of these monies could be used for despite an alarming shortage of textbooks and a rapid growth in property acquisition, the construction of facilities, research or for yearly student enrollment, schools were using most of the any other non-instructional purpose. It was strongly Lottery-generated monies for district employee salaries and recommended that the schools use them for one-time benefits. By 1999 to 2000, 3.7 percent of CSL school monies purchases such as computers, textbooks and field trips. were being spent on books and supplies.5 In 1985 the Legislature reduced its allocation to schools by one- Because of this and the ongoing unpredictability of CSL third. However, a 1988 amendment to the State Constitution revenues, it was the State's recommendation in 1999 that a (Proposition 98 - the "Classroom Instructional Improvement and new category, "restricted funds," be established for single rather Accountability Act") required that a minimum percentage of the than continuing-use applications. budget be spent on kindergarten-through-14th grade education. Existing school budgets would not be affected by this new Voters subsequently approved Proposition 20, the "Cardenas Textbook Act of 2000." It required that one-half of any increase over 1997-98 levels go specifically to instructional materials. California Legislative Analysi's Office, 2008 Budget Analysis. Section 8880.4(a), (1), (2), (5). California Department of Education, Report on Lottery Expenditures for K- 2 These percentages have fluctuated slightly over the years. ADA: the total number of days of student attendance divided by the total 12 Education, 2001-02. number of days in the regular school year. Teacher and staff salaries were still allowed as expenditure but 3. Questionnaires from the following 32 Tulare County elementary school districts were studied: Allensworth, were discouraged. The category included "all materials that are designed for use by pupils and their teachers as a learning Alta Vista, Buena Vista, Citrus South Tule, Columbine, resource and to help pupils to acquire facts, skills, or opinions or Ducor Union, Earlimart, Exeter Union, Hope, Hot Springs, to develop cognitive processes."6 Kings River Union, Liberty, Monson-Sultana, Outside Creek, Pixley Union, Pleasant View, Richgrove, Rockford, Saucelito, Sequoia Union, Springville Union, Strathmore Union, Examples of instructional materials are textbooks, technology- Sundale Union, Sunnyside Union, Terra Bella Union, Three based materials, other printed and non-printed educational Rivers Union, Tipton, Traver Joint, Tulare City, Waukena materials such as tests and maps, arts, crafts and supplies. Equipment required to make use of these materials is not Joint Union, Woodlake Union and Woodville Union. included. Laws, account records, school enrollment statistics and Any remaining funds fall into the unrestricted category. The other pertinent data were examined. purchase of instructional materials is allowed under both 5. Figures 1-3 (at end of this report) were compiled based on categories, restricted and unrestricted.7 the data provided. REASONS FOR INVESTIGATION FINDINGS The 2008-2009 Tulare County Grand Jury became concerned In 2007 the State Lottery Commission approved a 2007- about (a) the current availability and distribution of CSL funds to 1. 2008 budget based on predicted Lottery sales of $3.4 Tulare County's elementary school districts, (b) the range of billion - a one-percent increase over the previous year. Its allocation, spending and accounting patterns among them and projection for the near future shows that this figure is (c) compliance with State law and school district guidelines. The Legislature is now considering an unlikely to grow. increase to the Proposition 98 minimum guarantee PROCEDURES FOLLOWED ("Modernization and Securitization") to offset the loss of Lottery revenue -- and thus help protect education funding. Relevant witnesses were interviewed. 1. Questionnaires were sent to 36 elementary school districts 2. The school share of Lottery revenues is deposited directly 2. (not including districts with high schools) of which 32 into the CSL Education fund, and is then distributed responded. quarterly to the districts. It is maintained by the State Controller. The County Treasurer's Office deposits funds designated for grades K-12 into accounts administered by 6 California Education Code Section 60010 (h). the County Superintendent of Schools. Other allowable purchase categories are cited in California Education Code Section 60010 (h), (m) and (n). COUNTY GRAND JURY REPORT 2003-2003 TULARE TULARE COUNTY GRAND JURY REPORT 2008-2009 educational agencies, California Department of Proposition 20 (restricted) funds, the larger of the two, are 3. Education; received by the school districts at the end of each fiscal year, around September. Unrestricted funds are released School Services of California, Inc. (Sacramento), an b. quarterly. Amounts are based on the previous fiscal year's independent advisory and support organization for ADA. educators. By law, a district's Superintendent or designee should Each entity that receives Lottery funds must report annually 4. 8. establish a separate account for the receipt and to the Governor and Legislature the amount received and distribution of Lottery funds that shall be clearly identified the purposes for which they were used during the previous fiscal year. The State Department of Education reports on as a Lottery education account. In some cases, a Board of Trustees may ask staff and members of the community to behalf of K-12 entities. help make decisions on how Lottery monies are spent. Sometimes district advisory groups and school site councils School district financial statements undergo a yearly 9. independent external audit for compliance with statutory participate in the process. and regulatory guidelines. CSL allocations to each of the 36 elementary school 5. districts for the fiscal years 2006, 2007 and 2008 - both 10. Beginning with Fiscal Year 2008-2009, the yearly external audit will no longer be required on the CSL portion of school the restricted and unrestricted categories - are shown as district financials; however, from year to year, specific revenues in Figures 1 and 2 at the end of this report. requirements ("compliance tests") in certain districts will be (Provided by the Tulare County Office of Education, left to the discretion of State and County agencies and the February 2009.) California Society of Certified Public Accountants. Fiscal Year 2007-2008 CSL expenditures (Figure 3) per 6. 11. The Tulare County Office of Education receives school ADA, are separated into certificated salaries (teaching), district financial reports in September of each year and classified salaries (non-teaching) and books and supplies. examines them for mathematical accuracy only. This information is based on raw data from 2007-2008 Lottery Reports ("Form L"), Revenues, Expenditures and 12. The County submits its entire external audit report to the Ending Balances - All Funds, filed by each school district California State Controller, whose office summarizes their with California Department of Education. (a) financial and (b) program compliance status - and in turn responds with recommendations that help them plan The main accounting guideline resources for County school 7. their future needs. It files its unaudited school district districts are: financial reports ("Form L") with the State Department of California School Accounting Manual (2008 edition), a. Education. for accounting and financial reporting by local 13. The County Office of Education and districts keep a more Buena Vista: It reported it does not generally spend a. Lottery monies on salaries, but in 2008 they were specific record (at school-level) entitled "Detailed General Ledger." used on overtime teacher services — e.g. compensation for service beyond their contract time for overnight trips to SCICON and "weekend events." 14. Allocation and Lottery sales data are also maintained by the CSL. Examples of the latter were visits to a sports tournament and the Museum of Tolerance (Los 15. The only school district showing a Lottery-related Angeles). shortcoming following the FY 2007-2008 external audit Tulare City: The total spent on teacher or substitute b. was Citrus South Tule: "Five invoices totaling $1,826.15 pay and benefits ($140,065) was for enhancement or were found charged to the Proposition 20 Lottery resource enrichment programs. These included: "either staff that was for supplies, not instructional materials. In development, athletics/band/color guard/drama extra addition, one invoice for $938.56 that was for allowed duty time, SCICON stipend or student activities (Circle instructional materials was charged to the State Lottery J, Jazz Festival, Spelling Bee, Art Show, Prose & Poetry, resource instead of Proposition 20 Lottery resource."8 Math Super Bowl)." Because of a misunderstanding, Proposition 20 funds were Woodlake Union: Funds used for extra- and co- incorrectly spent in the amount of $887.49. The district C. curricular activities totaled $69,482. Programs made the recommended correction. included Band, Choir, SCICON, Boys' and Girls' basketball, Boys' and Girls' soccer, volleyball, 16. Twenty-two school districts spent no CSL-fund expenditures wrestling, baseball, softball, track and field, yearbook, for teacher or staff salaries. cross country, color guard, and arts and wood shop materials. 17. The same twenty-two districts found uses for the full amount of received CSL monies and reported that they had 19. The following school districts did not return questionnaires kept the necessary school account records on file. following three direct contacts with their principals and/or superintendents: Burton Elementary, Oak Valley Union NOTE: SOME OF THE FOLLOWING QUOTED RESPONSES ARE Elementary, Palo Verde Union Elementary, Stone Corral EXCERPTED: OTHERWISE THEY ARE UNEDITED AND APPEAR Elementary School. EXACTLY AS SUBMITTED BY DISTRICT OFFICES. ..... 20. The following nine districts shared specific information on any unspent CSL monies in the amount of more than 30 18. The following three districts exercised other options percent of CSL total. regarding their spending on staff or salaries: 8 Citrus South Tule School District, Schedule Of Findings And Questioned Costs. For The Year Ended June 30, 2008. TULARE COUNTY GRAND JURY REPORT 2008-2009 TULARE COUNTY GRAND JURY REPORT 2008-2009 Richgrove: "... has historically utilized lottery funds for Buena Vista: No monies from the restricted Lottery d. a. the purchase of instructional materials." "We follow funds (instructional materials) were carried over. This district did carry over more than 30 percent of the the California Department of Education textbook unrestricted monies. Cited were "some major projects adoption cycle calendar. The major subject-matter that have been in the works": "We are planning to adoptions are for math and language arts. In 2008- 2009, Richgrove adopted a math program with the paint the entire school this year. We also plan to replace computers and network equipment. Lottery supporting technology component. Currently, we are will not cover these costs but will supplement funds to in the final stages of making a decision on adopting an complete these projects." English Language Arts (ELA) program, and an intervention program for English Language Arts (ELA), Hot Springs did not use any Lottery funds under the b. and English Language Development (ELD) with the "unrestricted" category: "100% of our received funds supporting technology component. The unspent funds have been saved to apply toward our next materials saved up in reserves in State Lottery monies for future adoption. As a small district that receives very little expenditures, helps to offset these major cyclical funding in the form of 'adopted funding,' it is expenditures for instructional materials. It is likely necessary for us to save funds to purchase 'teacher that Richgrove will utilize most of these funds this materials.' Teacher materials are provided 'free' to year." each classroom in districts that order quantities of 20 or more student texts per classroom. Because we are Saucelito: "....did carry over more than 30% of State e. Lottery monies at the end of the last fiscal year. Our so small, we are required to pay almost $2,000 for each teacher set or beg the State of California for a beginning balance in 2008/2009 was $35,496.89. In waiver and hope that the publisher is willing to provide discussing this carry over with our business manager the materials for a reduced price or free." "The Hot she indicated that, in error, some unrestricted Springs School District did make use of State Lottery expenditures should have been paid from lottery.....but funds under the 'restricted Resource 6300' in the did not get coded correctly. This matter is being addressed by our business manager and will be 2007-2008 school year. The District received $474.81 from the Lottery Fund and expended $588.28 for resolved by the proper coding of our unrestricted instructional software for students." expenditures." Monson-Sultana Joint Union: "Our district does keep f. Terra Bella Union: "While each year's beginning c. more than 30% of our lottery funds. They are kept for balance may suggest that large sums of money are special activities and events for students and available and have not been spent, that is not the teachers. We also use the funds for items like case. Instead, the beginning balance represents monies that have been received very late in the fiscal playground equipment and for additional classroom year, or they are accounts receivable that will not be supplies." deposited into district accounts until the next fiscal CONCLUSIONS year. The California Lottery distributes proceeds to schools on a quarterly basis using revenue estimates Overall, CSL contributions to schools have been steadily that must be reconciled at the end of each fiscal year. declining because of a decrease in Lottery sales. Amounts Lottery revenues are dependent on many received by individual districts have varied based on their variables, and the budgeted estimates are always fluctuating ADA. A variety of spending and accounting options adjusted at year-end depending on the profitability of were exercised among the 32 County elementary school districts the lottery. Prudence requires that school districts that responded. During the fiscal year 2007-2008, the vast refrain from spending lottery monies until they have majority of Tulare County elementary school district transactions actually materialized." complied with both district guidelines and State accounting and Tipton: Funds not encumbered for 2007-2008 fiscal g. spending regulations. school year are used toward textbook adoptions." RECOMMENDATIONS Traver: "The District is careful in making sure that h. expenses pertaining to enrichment and enhancement Continue to perform external audits on CSL financial 1. of the students gets paid from lottery. Lottery funding statements every three to five years on a definite schedule. is considered unrestricted funding and sometimes the expenses do not get coded to the resources even Burton, Oak Valley Union, Palo Verde Union and Stone though they should be because they are enrichment 2. Corral Elementary school districts: Reply to the 2008-2009 and enhancement expenses for the students. Also Grand Jury's questionnaire. funding we collected from the students to pay for a portion of the expenses of SCICON, etc. was applied RESPONSES REQUIRED back against our expenses making the expenses less. "If the collection of these funds were not applied back Tulare County Office of Education against the expenses, we would not have carried over Burton Elementary School District 30%. The District will be careful in the current fiscal Oak Valley Union Elementary School District year to make sure the expenses pertaining to enrichment Palo Verde Union Elementary School District and enhancement of the present operating programs get Stone Corral Elementary School District charged to lottery funding." Woodlake Union: "Yes, there has been more than i. 30% of the State Lottery money carried over into the 2008-09 fiscal year. This is due to many years of small amounts of carry over that have accumulated to more than 30% this fiscal year." TULARE COUNTY GRAND JURY REPORT 2008-2009 ai Alba Ca. Figure 1 - ANNUAL LOTTERY REVENUES BY ELEMENTARY SCHOOL DISTRICT, RESTRICTED (PROP. 20) FUNDS DISTRICT SCHOOL YEAR DISTRICT SCHOOL YEAR 2007 2007 2006 2008 2006 2008 2,404.26 2.599.16 871.80 20,851.02 17,688.72 11,741.74 Allensworth Richgrove 13,668.80 12,292.38 8,082.05 10,333.90 8,690.86 6,404.68 Alta Vista Rockford 5,057.29 4,381.80 2.901.17 3,765.68 2.812.23 1,583.88 Buena Vista Saucelito 94,314.43 81,543.59 59,305.64 9,830,83 10,559.45 4,739.57 Burton Sequoia 1,201.01 1,250.58 898.14 11,626.96 9,474.07 7,093.78 Citrus South Tule Springville 5.864.73 4.878.97 3,730.71 4,255.35 3.769.72 1,953.83 Columbine Stone Corral 5,864.73 3,814.91 3,082.89 21,193.46 17,865.67 13,354.37 Ducor Strathmore 54.508.49 47,084.98 36,681.54 18,020,70 16,014.01 12,680.98 Earlimart Sundale 54,798.92 46,050.72 11,859.81 35,571.94 11,215.17 6,386.56 Sunnyside Exeter 3,895.10 3,217.04 2,533.64 24,451.44 21,800.54 16,516.19 Terra Bella Hope 750.33 667.22 474.81 5,143.34 4,320.67 2,796.53 Three Rivers Hot Springs 14,948.54 13,445.56 7,880.70 16,428.32 Kings River 13,931.62 11,103.17 Tipton 6,459.57 5,815.60 4,563.89 6.315.29 5.089.85 3,930.13 Traver Liberty 12,292,17 10,400.55 8,068,64 237,866,25 201.661.26 176.533.81 Monson - Sultana Tulare City 5,810.76 12.145.52 10,251.31 8,497.11 5.708.17 3,384.23 Oak Valley Waukena 3,415.48 2,773.07 2,249.70 44,611.27 36,964.94 27,616.80 Outside Creek Woodlake 14,456.56 12,730.80 10,184.62 14,704.94 10,950.96 Palo Verde 17,402.69 Woodville 21,734.68 26,009.74 16,835.42 Pixley 15,779.31 13,648,39 10,107.96 Pleasant View Figure 3 - ELEMENTARY SCHOOL DISTRICT LOTTERY EXPENDITURES BY AVERAGE DAILY ATTENDANCE Classified Salaries Certificated Salaries Books & Supplies $200 5180 $160 $140 5120 5100 $80 560 $40 $20 50 Earliftart Rockford Chrys South Tule Columbine Ducarunon Richerove Stone Cortal Buena Vista Exeter Union Hot Springs Morson Silvana OakValley PaloVerde Pilesant View Saucelito Tara Bala Union Three Briefs Lindon Wasteralont Allersworth Alta Vista And date Union Outside Creek Seduda Unida Somewife Union Stathnote Union Syndale Union Tipton Traver TulareCity Woodskerhon Woodville Infor Sunnyage Union CO GRA = P 2008-2009 HEALTH & WELFARE HEALTH & WELFARE HIV/ AIDS EDUCATION AND PREVENTION REPORT portion of the HIV/AIDS program for the Fiscal Year (FY) BACKGROUND 2007-2008. Without a cure, education and prevention are the most PROCEDURES FOLLOWED effective ways to stop the spread of Human Immunodeficiency Virus (HIV) and Acquired Immune Deficiency Syndrome (AIDS). Relevant personnel were interviewed. 1. In 2007 the California Department of Health Services, Office 2. Documentation was obtained and reviewed. of AIDS (CDHS/OA) entered into a contract with the County of Tulare to provide HIV/AIDS services. Tulare County Visits to relevant sites were conducted. 3. Health and Human Services Agency (HHSA) is responsible for implementing contract agreement number 07-65093 FINDINGS covering periods July 1, 2007 through June 30, 2010. The original amount of the contract between CDHS/OA and the HIV/AIDS is spread through unprotected sex, drug use 1. County of Tulare was $1,063,044 later increased to by sharing needles, blood transfusions, childbirth, The funds were to be used for HIV $1,246,854. breast feeding and even tattooing and piercing. Education/Prevention, HIV Counseling and Testing, HIV/AIDS Surveillance, Early Intervention and AIDS Case 2. As of February 28, 2009 there were 153,321 reported Management. The allotted amount for the HIV Education cases of AIDS in California.1 and Prevention Program (HIV E & P) is $339,771. Included in the contract is a Memorandum of Understanding, which 3. The estimated number of new infections occurring identifies a detailed scope of work which must be completed each year is between 5,000 and 7,000.2 in order to be reimbursed for expenditures. The County of Tulare must submit quarterly invoices to the CDHS/OA to get Eighty percent of AIDS is spread to women through 4. paid for work that has been completed. heterosexual activity. Women account for more than REASON FOR INVESTIGATION The 2008-2009 Tulare County Grand Jury on its own 1 California Department of Public Health, Office of AIDS, HIV/AIDS Case initiative investigated HHSA's Education and Prevention Registry. Ibid. COUNTY GRAND JURY REPORT 2008-2008 TULARE TULARE COUNTY GRAND JURY REPORT 2008-2009 10. Contract number 07-65093 includes an Advance one quarter of all new HIV/AIDS diagnoses.3 In disadvantaged youth, the rate of HIV among young Payment Provision (see ATTACHMENT 1) however, Tulare women age 16 to 21 is 50 percent higher than the rate County did not file the paper work required to receive among young men in that same age group.4 advance payments. At the end of 2008, it was estimated that between 11. HIV E & P staff must complete training from CDHS/OA 5. 27,369 and 33,513, people in California were unaware prior to educating the public. Due to staff turnover new supervisors and employees of the HIV E & P they were HIV infected.5 program waited several months for out of town training. Program administrators were unaware of on-line The estimated cost for lifetime medical care in Tulare 6. County (TC) for HIV/AIDS patient is $700,000. training and months went by with untrained personnel incapable of implementing the program. From March 2007 to March 2009 the number of 7. HIV/AIDS cases in TC increased by 11% (from 332 to 12. The Contract between CDHS/OA and the County of Tulare details a Scope of Work that identifies the 369 respectively).6 services to be performed for contract compliance. The allotted amount of $339,771 to the HIV E & P "HIV E & P Program work with local health 8. jurisdictions to: develop and implement focused Program is to be disbursed as follows: a. FY 2007-2008 $124,495 HIV education and prevention interventions to FY 2008-2009 $107,638 reduce the transmission of HIV; change individual b. c. FY 2009-2010 $107,638 knowledge and attitudes about HIV and risk The annual amount includes costs for employee's behaviors; promote the development of risk- reduction skills; and change community norms salary, material and operating expenses and administrative fees. related to unsafe sexual and drug-taking behaviors."7 9. In FY 2007-2008 the HIV E & P invoiced $77,192.93 to The contract specifies that the HIV E & P Program is to the State of California. $47,302.07 of the allotted collaborate with the following entities: a. TC Detention Facility amount was not used. b. Alcohol and Drug Residential Facilities c. College of Sequoias Gay Pride Club 3 Center for Disease Control and Prevention HIV/AIDS Surveillance Report, 2005. Vol. Rev. ed. ATLANTA: Department of Health and d. TC Juvenile Drug Court Program Human Services, CDC:2007:1-46. e. Partner's in Prevention Program 4 www. womanshealth.gov/hiv/women at risk. California Department of Public Health, Office of AIDS, HIV/AIDS Case Registry, data as of February 28, 2009. Agreement between California Department of Health Services and County of Tulare 6 ibid, Registry data as of March 31, 2009 Agreement Number 07-65093. f. Boot Camp means to insure that all allotted monies were used. g. Juvenile Hall resulting in loss of vital educational opportunities. h. Group Homes TC Mental Health Service RECOMMENDATIONS j. Ryan White Care Services k. Teen Smart 1. Make filling positions where salaries are reimbursed by I. The Gay/Straight Alliance state or other agencies a priority. m. Migrant Education Programs n. TC Alcohol and Drug Outpatient Substance Abuse 2. Cross train employees. Programs 3. Tulare County Health and Human Services complete CONCLUSIONS and submit all required paperwork for advanced payments. HIV/AIDS E & P Program stimulates interest for the at risk community to be tested. Since the 2007-2008 HIV E & P RESPONSES program was not fully taken advantage of, this may affect the County's report submitted to the State for tracking HIV Tulare County Board of Supervisors growth. Tulare County Health and Human Services Agency According to HHSA there is a possibility that the State funding for the HIV/AIDS Program could be decreased due to the county not fully implementing the program and not utilizing state funds for the FY 2007-2008. Since HIV/AIDS infections are a serious societal concern, the State of California has provided funding to Tulare County to prevent the spread of HIV/AIDS through education. If money spent on HIV E & P prevents one person from being infected with HIV/AIDS, there is a cost avoidance to the taxpayer of TC. The County did not fully execute the program, nor have an effective procedure to handle employee turnover, nor the TULAR COURTY GL/ ID JULY RE RT 20 2-20 TULARE COUNTY GRAND JURY REPORT 2008-2009 ATTACHMENT 1 County of Tulare 07-65093 Exhibit B, Attachment II Advance Payment Provisions 1. Advance Payment Authority and Limitation 4. Liquidation of Advanced Funds Pursuant to Health and Safety Code Section 100236, Unless otherwise stipulated in this agreement, Α. CDHS is required, within sixty days of the beginning of advanced funds shall be liquidated: each fiscal year, to advance a local health department twenty-five percent (25%) of the annual state General No later than June 30th of the fiscal year in 1) which the advance was issued, or Fund allocation, subvention, or reimbursement required by a local health department for the delivery of HIV Prior to the expiration or termination date or at 2) education and prevention services. the time if the agreement and/or MOU expires or is terminated prior to June 30th, 2. Conditions for Receiving an Advance Payment According to the repayment schedule that is 3) No advance payment shall be issued until: determined by CDHS and confirmed in writing to the Contractor. The Master Agreement and the HIV Prevention Α. Program Memorandum of Understanding (MOU) are If any advanced funds have not been liquidated В. fully executed. upon completion or termination of this agreement and/or MOU, the balance thereof shall be: The Contractor is two or fewer quarters in arrears in В. billing the State for the previous year's program. Promptly paid by the Contractor to CDHS upon 4) demand, or C. The complete request form has been submitted. Deducted from any sum otherwise due to the 5) 3. Use of Advanced Funds Contractor from CDHS, or Advanced funds shall be used solely for the purpose of Deducted from any sum that may become due 6) making payments for allowable costs incurred under the to the Contractor from CDHS. terms and conditions of this agreement and the HIV Prevention Program MOU. TULARE COUNTY SENIOR CENTERS PROCEDURES FOLLOWED BACKGROUND New York is the home of the first senior center, William Relevant witnesses were interviewed. 1. Hodson Community Center, in the United States.1 Its doors opened in 1943 and the center continues to serve its 2. Pertinent documents were reviewed. community. "By the late 1940s there were senior centers in San Francisco and Philadelphia, and Senior centers were visited. by 1961. approximately 218 senior centers had opened nationwide." Since then, President Lyndon B. Johnson designated senior FINDINGS centers as community focal points through the Older Americans Act signed into law in 1965. Currently there are The US Census Bureau reported in 2000 that the 1. 727 listings for senior centers in California.2 number of Americans age 55 and over will double by 2030. Typically, a senior center provides nutrition, recreation, social activities, health checks, and other services geared 2. Kings/Tulare Area Agency on Aging (KTAAA), due to toward a senior lifestyle. There is great diversity in the kinds budget cuts, stopped providing meals to the senior and levels of services provided. One reason is the absence centers in Dinuba, Farmersville, Ivanhoe, Springville of a state entity. and Three Rivers. Senior centers fall under the jurisdiction of local government 3. Meals continue to be provided by KTAAA at Cutler- or non-profit organizations. They are usually supplemented Orosi, Earlimart, Exeter, Goshen, Lindsay, Porterville by County and/or City funds. Because of recent and Woodlake. developments in the economy, most funds have been depleted. All meals are nutritionally balanced. Most are low in 4. sodium, fat and sugar. REASON FOR INVESTIGATION The Tulare center is funded by the City of Tulare and 5. the County. They provide cooked meals, recreational, The 2008-2009 Tulare County Grand Jury decided on its social and educational activities and free bus passes to own initiative to conduct an investigation into the status of seniors. the senior centers in Tulare County. Senior Centers Literature review, February 2009, www.ccoa.ca.gov/senior_cntr 2 ibid TULARE COUNTY GRAND JURY REPORT 2008-2009 TULARE COUNTY GRAND JURY REPORT 2008-2009 The Visalia center is funded by the City of Visalia and the ranks of RSVP, but for younger people to help with the 6. provides cooked meals, recreational, social and care of the elderly. educational activities. While the senior centers that remain open continue to Trips and sightseeing tours are organized by centers. provide basic services, it seems to be a matter of time 7. Seniors conduct fundraisers to help with the cost of before more centers are closed due to budget constraints. As the county's population continues to age, it is evident their trips that services and funds are declining. Tulare County has a very active Retired Senior 8. Volunteer Program (RSVP). RECOMMENDATIONS Some centers have volunteers once a week to help 9. Solicit donations and contributions from business and 1. with exercise, crafts and other projects. the public to continue the provision of services to seniors. 10. Statistics provided by the KTAAA indicate many seniors age 60 and over are at or below the poverty line. 2. Increase fundraising efforts to supplement the anticipated budget cuts. 11. Nurse/Health Services were provided by Tulare County Health and Human Services Agency (HHSA) until Actively attempt to recruit volunteers to continue the 3. September 2008. current levels of service, and provide additional services. 12. Information provided by HHSA not only shows a bleak outlook for senior centers in the County, but the cuts 4. Seek ways to provide transportation for seniors to visit that occurred in 2008 have affected many senior the centers and participate in the services. centers negatively. RESPONSES REQUIRED CONCLUSIONS Tulare County Board of Supervisors Senior centers are often the only place an individual may Tulare County Health and Human Services Agency find to interact with peers, eat a healthy meal and escape Tulare City Council the bounds of a lonely, restrictive life. Seniors frequently Visalia City Council face loss of dignity as they attempt to live on a fixed income that barely meets their needs. The RSVP is making a difference by donating time and skills, therefore making funds go farther for senior organizations where money is an issue. However, the need for volunteers has grown tremendously. There is a need not only to build Senior Centers in Tulare County Cutler- Orosi Senior Center * Goshen Senior Center * Three Rivers Senior League ** 12691 Road 408 Three Rivers Memorial Building 30498 Diagonal 69 Cutler, CA 93616 Goshen, CA 93291 43490 Sierra Drive Three Rivers, CA 93271 (559) 628-6108 (559) 651-1030 (559) 561-3577 Dinuba Senior Center ** Ivanhoe Senior Center 437 N. Eaton Avenue Tulare Senior Center *** CLOSED 210 North 'F' Street Dinuba, CA 93618 Lindsay Senior Center * Tulare, CA 93774 (559) 591-2450 911 N. Parkside Avenue (559) 685-2330 Lindsay, CA 93247 Earlimart Senior Center * (559) 562-5859 Visalia Senior Center *** 712 E. Washington Street 310 N. Locust Street Earlimart, CA 93219 Porterville Senior Center * Visalia, CA 93291 (661) 849-2232 466 E. Putnam Avenue (559) 713-4381 Porterville, CA 93257 Exeter Senior Center * (559) 781-6560 301 'E' Street Woodlake Senior Center * Exeter, CA 93221 179 N. Magnolia Street Springville Senior Center Woodlake, CA 93286 (559) 592-5960 CLOSED (559) 564-3251 Farmersville Senior Center *** 444 N. Gene Avenue Farmersville, CA 93223 (559) 594-4300 For additional information regarding hours, cost, et cetera call the nearest center * Meals provided by KTAAA ** Meals no longer provided by KTAAA (open for social and/or charitable activities only *** Meals provided, but not by KTAAA COUNTY GRAND JURY REPORT 2008-2009 TULARE JUSTICE JUSTICE TULARE COUNTY PROBATION DEPARTMENT JUVENILE SPECIAL SERVICES DIVISION PROCEDURES FOLLOWED INTRODUCTION The California Welfare and Institutions Code1 mandates the Relevant documents were reviewed. 1. Juvenile Special Services Division (SSD) to conduct investigations, assessments and prepare written reports with A working demonstration by the Canine Unit was observed. 2. recommendations. The information gathered aids the Juvenile Court in justice matters and decision-making. Juvenile case 3. Relevant interviews were conducted. supervision is mandated by the terms and conditions of probation, as ordered by the Juvenile Court. These orders 4. The Judge William Silveira, Jr. Juvenile Justice Complex was involve a wide variety of activities, including probation searches, toured. drug testing, collection of fines and fees, restitution for victims, and referrals of minors/families to various community treatment FINDINGS interventions. 1. This report reviews four of the services and programs The SSD is comprised of eight separate services/programs and provided by the Juvenile/Special Services Division which collectively make face-to-face contacts with probationers are as follows: (juveniles referred to probation by law enforcement) and Canine Unit juveniles displaying behavior/truancy problems in the schools. a. Campus Probation Officers Program b. REASON FOR INVESTIGATION Gang Redirection Education and Training Program C. TULARE COUNTY GRAND JURY REPORT 2008-2009 CANINE UNIT BACKGROUND Leo is trained in scent tracking for cocaine, heroin, 3. marijuana, methamphetamine, and any of their derivatives, The Canine Unit (CU) consists of a Supervising Probation Officer which comprise 99 percent of Leo's workload. These are (SPO) and a specially trained dog (Leo). Leo is utilized as a tool the four most commonly used controlled substances in for drug detection and tracking duties. He was bred and trained Tulare County. The dog could be trained to detect up to to perform specific tasks associated with searching for illegal eight narcotic scents, but an overload would diminish his narcotics. Leo is a pedigree dog with fine bloodlines and does efficiency. not behave as a common pet. It is normal for him to be extremely animated, curious and highly alert when on the job or It would take six Probation Officers three-and-a-half hours 4. around people. to thoroughly search a residence. The CU can accomplish the same task in 30 minutes. FINDINGS The CU promotes positive community relations by the 5. Leo was born and raised in the Czech Republic, where he 1. following activities: was certified as a Police Dog by the Czech government. He Conducts educational presentations for schools, social a. came to the TCPD in May 2007. The CU completed and other community organizations; intensive training in narcotic detection, tracking and Attends ceremonial events; b. handler protection, and obedience. This training took place Attends canine competitions involving other law C. at the Adlerhorst International Incorporated K-9 Academy in enforcement agencies. Riverside, California. The CU visits the academy monthly for reinforcement training. The 70-pound Belgian Malinois The CU trains 30 minutes a day before going to work. They 6. is a four-year-old non-neutered male and a sworn Probation work five days a week, eight to ten hours a day and are on Officer. call 24/7. On a limited basis, the CU will aid any law enforcement agency in Tulare County requiring assistance. Prior to a search of a probationer's home or vehicle, he/she 2. is informed Leo will be conducting the search, giving them Leo lives with his handler's family and their pets. His daily 7. the opportunity to voluntarily surrender any controlled maintenance comes from the Tulare County General Fund. substances before the search is done. Leo conducts the Depending on health issues Leo will be able to work ten or search regardless of cooperation as a deterrent to more years before retirement, at which time the SPO can discourage the possession of drugs. purchase Leo for one dollar, and maintain him at his/her outfitted with state-of-the-art canine equipment that own expense; there is no pension for the dog. includes air conditioning and alarm system. Leo is trained to follow commands when conducting a CONCLUSION 8. search in a residence or vehicle and is not distracted by pets or children. The Canine Unit is a vital asset to the Tulare County Probation Department and other law enforcement agencies that require When controlled substances are found, Leo responds by 9. their assistance. In conducting residence or vehicle searches pawing at the location, and then is rewarded with praise the CU can do the work of many officers in a fraction of the time. and his favorite chew toy. Dog treats are not given during This gives Tulare County Probation Officers the time required to work hours as Leo is motivated to work by doing what he is undertake a wide variety of activities including drug testing, trained to do. Leo works for himself, not his handler. investigations, searches, and school monitoring. Leo is a sworn officer of the law and as such places his life at risk on a daily 10. During the fiscal year 2007-2008 this CU searched more basis. than 200 residences and vehicles and confiscated more than 11 pounds of narcotics, resulting in 46 arrests. More RECOMMENDATION than 17,000 face-to-face contacts with juvenile probationers were made during that year. Provide lifetime health care benefits for Leo upon his retirement. 11. If a controlled substance is seen in plain view inside a RESPONSE REQUIRED vehicle, the CU has probable cause for a search. Tulare County Board of Supervisors 12. If a probationer does not give consent to a vehicle search it Tulare County Probation Department is towed to an impound yard and a search warrant is obtained for an inspection. 13. If Leo detects the scent of narcotics on a person who is not ADDENDUM on probation or being detained by law enforcement, the CU Unfortunately, on or about March 05, 2009, Leo lost his life. A has no authority to conduct a search or to make an arrest. female of the same breed that came from Holland has replaced him. Her name is Raiza. 14. Leo and a Chevrolet Tahoe were purchased with a Federal grant through the Juvenile Justice Crime Prevention Act. The vehicle is equipped with a special on-board kennel TULARE COUNTY GRAND JURY REPORT 2008-2009 TULARE COUNTY GRAND JURY REPORT 2008-2009 CAMPUS PROBATION OFFICER PROGRAM families. It is vital to include attendance, grades, family BACKGROUND dynamics, and communication between the CPO and the Parole Officer. Information is entered into the juvenile This program's goal is to increase school attendance, decrease caseload file for investigators to review. counter-productive behavior, and minimize involvement in the Juvenile Justice System. The structure of this program ensures 6. CPOs are considered Peace Officers with the power to a Campus Probation Officer (CPO) access to school make arrests. They are armed and carry a badge while on administrators, parents, and students in a non-traditional campus. Plain clothes make the CPO more approachable manner. CPOs are assigned to specific school sites and and less intimidating. stationed on campus. Their responsibility is to provide prevention and intervention services to an at-risk population. CPOs are available to any student seeking assistance. 7. FINDINGS CONCLUSION There are 10 CPOs in Tulare County. 1. Working closely with the schools and families is critical to the direction a juvenile will take. Mentors and role models at school CPOs maintain a caseload of formal (court ordered) and 2. help at-risk youth choose a positive path. A plain-clothes informal (supervision for at-risk juveniles) probationers; this approach may make a nurturing, working relationship easier to augments and supports existing supervision services. establish. Students need to feel that confidentiality; security and trust are top priorities. During the 2006-2007 fiscal school year, 491 juveniles 3. received formal supervision services. RECOMMENDATION Matching monies from individual school districts fund the 4. CPO program. Schools pay 50 to 60 percent for this Evaluate the need for placement of CPOs in all Tulare County program. This partnership dramatically offsets the need for schools. support with General Fund money. RESPONSE REQUIRED CPOs utilize the information they gather to provide the 5. Tulare County Probation Department with statistics and Tulare County Board of Supervisors observations. This information is needed to fill out court Tulare County Probation Department reports addressing the concerns of the juveniles and their Tulare County Office of Education GANG REDIRECTION EDUCATION and TRAINING PROGRAM At the end of each week, students are encouraged to write BACKGROUND 5. their parents to share their camping experience. The Gang Redirection Education and Training (G.R.E.A.T.) Camp programs include: 6. Program is a school-based, life skills competency program Cultural Awareness a. taught by Probation Officers at Tulare County schools. The Conflict Resolution b. program, which targets fourth-through-seventh-grade students, Team Building C. was designed to help youth develop positive attitudes toward Goal Setting d. law enforcement officers, to learn responsibility and avoid Leadership e. conflict, to set positive goals and resist peer pressure. Conservation and Recycling f. FINDINGS There are nine schools participating in the G.R.E.A.T. 7. program during the 2008-2009 Fiscal Year. They are: Alta The Tulare County Probation Department (TCPD) was 1. Vista Elementary (Elem.), Earlimart Unified, Exeter Middle awarded funds for gang resistance and redirection School, Farmersville Elem., Hope Elem., Kings River Elem., education in local school districts. The U.S. Department of Lincoln Elem., Pleasant view Elem. and Traver Joint Elem. Justice and the Bureau of Justice Assistance provided these funds. CONCLUSION The G.R.E.A.T. Program is taught by two Probation Officers 2. The G.R.E.A.T. Program helps students make positive choices for (PO) in the Tulare County school system. POs visit various their future. Offering students an outdoor camping adventure is school classrooms teaching a curriculum, which includes a positive tool to encourage students to complete the G.R.E.A.T. drug diversion and gang avoidance. Program. The TCPD, in cooperation with Community Services and 3. RECOMMENDATION Employment Training Incorporated (CSET), provides a four- week summer camping adventure to students who complete the G.R.E.A.T. Program by the end of their school Expand the G.R.E.A.T Program to include all schools. year. RESPONSE REQUIRED The summer campsite is located near Hume Lake in 4. Sequoia National Forest. Tulare County Board of Supervisors Tulare County Probation Department COUNTY GRAND JURY REPORT TULARE 2008-2009 STULARE COUNTY GRAND JURY REPORT 2008-2009 SPECIAL ENFORCEMENT UNIT throughout Tulare County. Presentations have been BACKGROUND expanded to provide training to school employees. The Special Enforcement Unit (Gang Unit) conducts patrol 6. During the 2006-2007 Fiscal Year, the Gang Unit sweeps of gang-saturated areas and investigates gang related supervised 225 gang members. crimes in Tulare County. A Multi-agency Gang Enforcement Team (MAGNET) is a 7. FINDINGS part of the Gang Unit and includes personnel from the following: 1. The Gang Unit is a member of the Tulare County's Gang California State Parole a. Task Force. Task Force members include the Tulare County b. District Attorney District Attorney's Office and the Tulare County Sheriff State Bureau of Narcotics Enforcement C. Department's Gang Unit. Sheriff's Department d. Tulare County Probation Department e. The Gang Unit regularly conducts special enforcement 2. Visalia Police Department f. operations with agencies such as: a. Area police departments MAGNET targets active high-ranking gang members 8. b. California Department of Corrections - Fugitive primarily in the Visalia, Goshen, and Ivanhoe areas. Apprehension Team and Special Services Unit c. California State Parole CONCLUSION d. California Highway Patrol The Gang Unit provides intensive supervision to juvenile Supervision and suppression of gang activity is a long and 3. difficult task. Team-working with other law-enforcement gang members, while developing counseling groups agencies helps slow the growth of gang members in Tulare designed to open lines of communication and decrease County. gang activity. There has been an increase in the number of elementary RECOMMENDATIONS 4. through high school students who are demonstrating gang related behavior both on and off school grounds. None The Gang Unit makes frequent gang awareness 5. RESPONSE REQUIRED presentations to schools and community organizations None LINDSAY ANIMAL CONTROL SHELTER FINDINGS BACKGROUND Multiple Tulare County Grand Jury final reports have been Since January 2008, the Lindsay Department of Public 1. Safety and the Lindsay Chief of Police have overseen LACS. published on the subject of the Lindsay Animal Control Shelter. Staffing includes: The Tulare County Animal Control provided animal control One Kennel Master (KM) a. services until 1991. Lindsay Animal Control (LAC) took over the One Assistant Kennel Master (AKM) b. poorly designed animal shelter and started making One Animal Control Officer (ACO) C. At that time, LAC provided services to the improvements. One Lindsay Police Officer (LPO) d. County and its Cities with the exception of Dinuba and Visalia, Volunteers, when available e. which provided their own services. Sheriff Work Alternative Program (SWAP) workers, f. who are nonviolent low-level misdemeanor In July 2001, Tulare County Animal Control reopened at a new offenders given community service work in lieu of facility. Subsequently, LAC separated from Tulare County Animal jail time, when available. Control, became the Lindsay Animal Control Shelter (LACS) and began providing services to the Cities of Lindsay and Porterville. 2. The LACS is open to the public Tuesday through Saturday 3:00 p.m. to 6:00 p.m. and Wednesday 3:00 p.m. to 7:00 REASON FOR INVESTIGATION p.m. The facility is closed Sunday and Monday. The 2008-2009 Tulare County Grand Jury received numerous The City of Lindsay funds the LACS with general fund 3. monies. The budget is $283,000 a year. The budget is citizen complaints about the management and operation of the determined every two years and cannot be renegotiated LACS, specifically pertaining to dogs. until 2010. More than $100,000 of this budget goes to veterinary costs alone. PROCEDURES FOLLOWED The LPO acts as an executive administrator to ensure the 4. Relevant documents were reviewed. 1. LACS staff (KM, AKM & ACO) completes the administrative responsibilities needed to run the shelter. 2. On-site tours were conducted. These responsibilities include: Update and file kennel cards a. 3. Relevant witnesses were interviewed. Update the euthanasia logs b. Deposit bank receipts C. Fill out all of the necessary paperwork d. TULARE COUNTY GRAND JURY REPORT 2008-2009 Check medical supplies and perform all euthanasia 11. By California State law1, a shelter must hold a dog for e. seven business days to allow owners a chance to reclaim procedures Clean pens and feed animals (if no SWAP workers or their dog. f. volunteers are available). 12. The LACS holds dogs for an indeterminate time before they are adopted or euthanized. On average, 20 dogs a week The ACO's main responsibility is public safety in the field, 5. which covers a large area; therefore s/he is seldom are put down. It is up to the KM to make sure that all dogs available to work at the shelter. are euthanized at the appropriate time. 13. One adoption occurred while visiting Grand Jurors were The maximum capacity for the facility is 96 dogs. 6. present. It is difficult to determine the average number of dogs held 7. at the LACS on any given day. On one Grand Jury visit to 14. Due to the overpopulation of dogs, being a volunteer or the LACS there were 141 dogs; on a second visit a week SWAP worker at the LACS is extremely demanding. The later there were 250 dogs (an increase of 109 dogs in work is hard, the smell is bad and there is always loud seven days). On a subsequent visit, there were 220 dogs constant barking. at the shelter. 15. Once a year, the LACS holds an adoption clinic at the Porterville Fair. They also take animals to Lindsay's open 85 percent of dogs received at the LACS came from the City 8. of Porterville, which contracted with the City of Lindsay for air market in the warmer months; all other adoptions take animal control services. The contract with Porterville ended place at the shelter. December 31, 2008. 16. There are plans to locate a dog park behind the shelter. Dirt, chain link fencing, irrigation equipment and volunteer The main pen is for holding and identifying any dogs 9. arriving for possible reclamation by owners. There is a pen labor have already been procured. for aggressive dogs, one for injured, pregnant or sick dogs, a quarantine pen and an adoption pen, which is separate 17. LACS policies require the following: from all others. Provide animal control services a. and promote responsible pet ownership; Provide the highest level of service possible while 10. Dogs are scanned for a micro-chip or identification tag. b. being cost effective and efficient; Owners can reclaim an animal if proof of ownership is offered. If no one comes forward to claim the animal and it is deemed adoptable, it is held for 30 days. If an adoption is probable it is held for an additional 15 days. Senate Bill 1785 (Hayden Bill) enacted 1998 Provide timely and equitable service to all citizens RECOMMENDATIONS c. served by the Animal Control Division of the Lindsay Department of Public Safety; After the current budget expires, increase the budget of the 1. d. Promote animal licensing and rabies control through shelter to ensure it is adequately staffed and supplied. ordinance enforcement: e. Provide humane treatment to all animals under the Expand adoption hours. 2. LACS control: f. Pursue an aggressive adoption program through 3. Increase advertising for adoptions. cooperative efforts with private volunteer groups. Include a flyer (written in both English and Spanish) in any 4. 18. The LACS uses a private contractor for veterinary services. future mailings from the City of Lindsay to all residents, with They are treated as any other client would be; they must concerning information volunteer and adoption schedule appointments for available times to have animals opportunities at the Lindsay Animal Control Shelter. treated. This same veterinary service conducts health inspections on all animals being adopted. The LACS has Provide stricter animal health screening, by a veterinarian, 5. used this service for the last eight years. of all animals brought into the Lindsay Animal Control Shelter. CONCLUSIONS Ensure all animals adopted are veterinarian certified. 6. It is the responsibility of pet owners to spay/neuter their pets. This simple act can greatly reduce the overpopulation of dogs in Send out requests for bids to alternate veterinary clinics 7. Tulare County. Citizens should consider visiting the LACS and that may offer reduced prices for services. adopting a pet. The Lindsay Department of Public Safety enforce all 8. policies, procedures, rules and regulations required of the The Lindsay Animal Control Shelter is doing the best job it can Lindsay Animal Control Shelter. with the resources available. Conditions and operations have improved considerably at the LACS but lag far behind larger city shelters due to funding. It is overpopulated with animals and RESPONSES REQUIRED understaffed. Lindsay City Council Lindsay Department of Public Safety TULARE COUNTY GRAND JURY REPORT 2008-2009 TULARE COUNTY SHERIFF INMATE PROGRAMS One Inmate Program Deputy BACKGROUND iv. Volunteers b. Six teachers plus one assessment aide ĺ. The Tulare County Sheriff Inmate Programs Division is ii. 150 volunteers committed to offering programs that provide choices for inmates and their families. These programs may help with the inmate's 2. The IPS has oversight of all aspects of the educational re-entry into the community. An additional priority of this curriculum and answers directly to the IPM. Alternative program is to ensure the safety and security of all participants. Services1 has a grant that provides the educational and counseling services for such programs at no cost to the REASON FOR INVESTIGATION TCSD. Some monies from the Inmate Welfare Trust Fund2 are used to fund these programs. The beginning book On its own initiative the 2008-2009 Tulare County Grand Jury balance for the calendar year 2007 was $2,172,285. decided to investigate the programs provided to the inmates incarcerated in the Tulare County jail system. 3. The following programs are available for inmates: Substance Abuse (offered by Alternative Services) a. PROCEDURES FOLLOWED Parenting (offered by Family Services of Tulare County) b. Life Skills (offered by Visalia Adult Schools) c. 1. Relevant documents were reviewed. Anger Management (offered by Family Services of d. Tulare County) 2. Relevant interviews were conducted. Jailhouse Rocks (offered by Tulare County Library) e. Child Support Services (offered by Child Social f. 3. Program sites were visited. Services of Tulare County) Domestic Violence (offered by Family Services of FINDINGS g. Tulare County) Insight, a religious self-esteem program (offered by h. Staffing for Inmate Programs is as follows: 1. Alternative Services) a. Sheriff Personnel Way to Happiness, an emancipation service (offered i. One Inmate Program Manager (IPM) i. by Alternative Services) One Residential Substance Abuse Treatment ii. (RSAT) Specialist Three Inmate Program Specialists (IPS) iii. A non-profit organization 2 California Penal Code Section 4025 4. Programs conducted by volunteers: Job Readiness Skills b. a. Alcoholics Anonymous is provided to inmates at the English Language Skills c. Bob Wiley Detention Facility (BWDF), the Men's Life Skills d. Correctional Facility (MCF) and the Main Jail (MJ). b. Narcotics Anonymous is offered at the MCF and Video Learning Programs are offered at the Main Jail 8. BWDF. twice a month; certificates are given to all who complete their work booklets. Programs include: Jail Ministry is offered Sunday through Thursday at the 5. Cage Your Rage a. BWDF, MCF, MJ, and the Pre-Trial Facility (PTF). This Beat the Street b. program is offered to both female and male inmates. There c. Victim Awareness is a contract with Good News Jail and Prison Ministries for Employment Preparation d. two full-time Jail Chaplains. Breaking the Habit e. New Beginnings f. Volunteers are utilized in all of the jail facilities. The largest 6. group of volunteers is used for the Jail Ministry. It also 9. RSAT is a minimum five-month therapeutic residential includes members from Alcoholics Anonymous, Narcotics substance abuse grant program offered to inmates at the Anonymous, internship and literacy programs. MCF. This grant, first awarded in 1999, requires that ΑII volunteers are required to meet the screening and inmates are randomly drug tested. Ten percent are clearance process. randomly tested each week. Inmates are assessed and placed into educational 10. The Gang Awareness Parenting Project (GAPP) has an 7. programs that best meet their identified needs. These agreement with First Five of Tulare County to provide programs are: parenting skills through a home visitation model to a. High School Diploma Program with a Graduation parents/caregivers. Children, ages zero to five, who have Equivalency Diploma (GED)3 focus is offered at: been exposed to gangs and/or violence and have a parent MCF for incarcerated male inmates incarcerated in the Tulare County jail system, are eligible. i. BWDF for incarcerated female inmates This program began on July 1, 2008. ii. The Day Reporting Center (DRC)4 for inmates who iii. return home each evening 11. The Jail Industries Engraving Shop (IES) is a trade program developed by the TCSD and opened in April 1998. a. The IES Program is open to male inmates who wish to 3 Testing is offered every six weeks for eligible inmates apply. They are interviewed by the Inmate Program 4 Three days of the week inmates are assigned to the work force; two days a Deputy, the Engraving Manager and the Assistant week they report to Inmate Programs for instruction. TULARE COUNTY GRAND JURY REPORT 2008-2009 TULARE COUNTY GRAND JURY REPORT 2008-2009 Manager. Of all the applicants who qualify, five are ii. 305 acres for farming chosen to work from 8:00 a.m. until 3:00 p.m. five 120 acres in irrigated alfalfa 125 acres in oats to sudan, a rotation crop days a week. 55 acres in dry farming depending on weather b. The IES is equipped with state-of-the-art computer controlled engraving and vinyl cutting systems. · Five acres of vegetables and a greenhouse The operating budget is provided by TCSD and is Top quality items are offered to public agencies, local C. C. placed in the Farm Trust Fund for expenses such as: governments and nonprofit organizations at reduced Seed purchasing from an outside vendor: prices. i. Subcontracting for services that include discing, Controversial or political work will NOT be done. ii. d. some tilling, swathing, baling and other Some Inmate Welfare Trust money is used in the IES e. operations that the TCSD cannot do. shop. Cattle/Swine Production: f. All monies earned through work done at IES go into d. There is an on-site butchering facility using i. the IES fund for future purchases. inmate labor. A Certificate of Participation (example at the end of g. As of June 2008, all meat used in the kitchen at ii. this report) indicating success in the trade program the BWDF to feed inmates comes from the and training in engraving and vinyl cutting systems, is Cattle/Swine operation. All meat carries the awarded to all inmates who complete the program. United States Department of Agriculture stamp of Upon release, any inmate seeking employment in this approval. field can use the certificate as proof of training. At any given time, there are 456 head of cattle h. There are only 11 other counties in California iii. and 365 swine. Not all animals are used for implementing an IES program. food; some are used for breeding stock. There is an animal husbandry program where 12. The Farm iv. livestock is rotated out of breeding stock every The personnel for farm management include: a. three years. One Farm Supervisor, qualified to do meat i. Cattle are fed by grazing and supplemented with inspections, health checks and to ٧. give alfalfa, oats and sudan. Swine are fed recycled inoculations to the cattle and swine. inmate discards and other food leftovers, which Five Farm Crew Leaders ii. are first boiled to a prescribed temperature to kill 50 daily inmate workers from the DRC5 iii. all bacteria. The farm consists of 1,155 acres: b. Vegetables/Fruit Gleaning 850 acres for grazing e. i. To supplement their year- round diet inmates i. grow vegetables from seedlings in a greenhouse. DRC inmates are non-violent, low level misdemeanor offenders: e.g. drunk Inmate labor is used to germinate, plant, driving, petty theft, fraud. cultivate, irrigate and harvest the vegetables. Inmate taste determines what will be grown. Fruit culls (rejected as being inferior or worthless) ii. are donated to the farm from packing houses and are gleaned using inmate labor. Tulare County is one of a few counties in California f. providing its own fruit, meat and vegetables for inmate meals, resulting in a saving of more than $250,000 a year. 13. The Engraving Industries Shop, and the Cattle/Swine and Vegetables programs are open only to male inmates. CONCLUSIONS By providing trade programs the Tulare County Sheriff's Department offers an alternative to male inmates which may help lower recidivism rates, saves the County more than $250,000 annually and keeps 55 inmates productive. RECOMMENDATION Provide trade programs for female inmates. RESPONSES REQUIRED Tulare County Sheriff's Department Tulare County Board of Supervisors GRAND JURY 2008-2009 . Y. ARE COUNTY RFPORT REPORT 2008-2009 (c): # 305 CERTIFICATION OF PARTICIPATION Awarded To: Inmates Name: For participation of _____ hours working as an Engraver, Vinyl Technician at the Jail Industries Engraving Program Exposure to the following Skills: Engraving Supervisor Date Program provided courtesy of Tulare County Sheriff's Department For Certification of Completion Contact Engraving Supervisor TULARE COUNTY SHERIFF'S RECORDS DEPARTMENT BACKGROUND system), records and maintains all specialized legal documents, such as arrest warrants. The Records Department is comprised of the following sections: Case The Tulare County Sheriff's Department (TCSD) is committed to Report, Warrant, Special Services, Criminal History maximizing the health, safety, and welfare of our community and (Bookings) and Other Duties Allocated (CLETS2/Housing the integrity of the justice system. In partnership with the Authority). citizens of Tulare County, and local/out-of-area law enforcement agencies, the TCSD identifies and addresses public safety and 2. For comparison, statistical information gathered is for the other quality-of-life issues. years 2007 and 2008. REASON FOR INVESTIGATION 3. Case Report: a. Case reports are generated from County Sheriff By mandate, the 2008-2009 Tulare County Grand Jury Deputy field reports and the detention facility. investigated the Tulare County Sheriff's Records Department b. The reports are scanned into a Report Management (Records Department). System (RMS), and then are filed. Depending on the size of the file, it could take two C. PROCEDURES FOLLOWED hours or more to scan a case report into the RMS. d. In 2007, 19,655 case reports were processed, and Relevant witnesses were interviewed. 1. 18,253 in 2008. Relevant documents were reviewed. 2. Arrest Warrants: 4 The Records Department was toured. a. Arrests warrants processed; 23,589 in 2007 and 3. 21.027 in 2008. FINDINGS b. Extraditions: 83 in 2007 and 81 in 2008. Purged: 23,180 in 2007 and 21,564 in 2008. (After C. five years, with the District Attorney's approval, 1. In order to sustain the partnership mentioned in the background, the Records Department (using a dual misdemeanor warrants are purged from the system. Felony warrants are purged after ten years, with the exception of capital crimes.) 1 Penal Code Section 925 says, "The Grand Jury shall investigate and report on the operations, accounts of the officers, departments or functions of the 2 CLETS is the California Law Enforcement Telecommunication System. county..." TULARE COUNTY GRAND JURY REPORT 2008-2009 TULARE COUNTY GRAND JURY REPORT 2008-2009 During January and February 2009, there were d. On file at the end of year: 63,964 in 2007, and iii. 59 sexual offenders registered and 73 narcotics 63,427 in 2008. offenders registered. e. Teletype Warrant Abstracts3: 2,964 in 2007 and Live Scan Fingerprint Services scanned 6,591 3,419 in 2008. C. fingerprints in 2007 and 6,600 in 2008.4 During January and February 2009, 2,885 new arrest f. Megan's Law CD-ROM is available for public viewing; warrants were processed. d. however, no persons viewed the CD in 2007 or 2008. Counter Traffic Services (walk-in): Special Services offers the following: 5. e. a. Carry Concealed Weapons (CCW) Applications and Counter Traffic includes all of the Special i. Services Section. Permits: There were 10,386 walk-ins in 2007 and 9,750 All applicants for a new or renewed CCW permit i. must attend and pass a gun-training course in 2008. In 2007, 34 CCW applications were processed, Criminal History (Bookings): f. ii. Booking Sheets processed: 26,183 in 2007 and and 213 in 2008. i. iii. In 2007, 111 new CCW permits were issued 25,376 in 2008. (which includes some applications processed in Criminal histories requested from various ii. agencies: 5,911 in 2007 and 5,119 in 2008. the prior year), and 169 in 2008. New permits cost $95 to the Department of Justice (DOJ) plus Criminal histories requested by the public; 1,561 iii. $10 to County Administrative Costs (CAC). in 2007 and 1,239 in 2008. In 2007, 1,021 CCW permits were renewed, and iv. 1,265 in 2008. CCW's must be renewed every Other Duties Allocated: 6. two years on or before the applicant's birthday. a. This department is used for background checks on The cost is $52 to the DOJ plus $3 to CAC. those seeking governmental low-income housing. Penal Code violation registrations: In 2007, there were 403 background checks and 170 b. b. In 2007, 425 arson/narcotic registrants and 485 in 2008. i. in 2008. In 2007, 580 sexual offenders registered, and Number and title of employees in the Records Department ii. 7. 613 in 2008. are as follows: a. Sergeant over Records 1 Records Supervisor Sheriff's Records Clerks 14 C. 3 d. Office Assistant III 5 e. Extra Help (volunteers) Because of the volunteers, the Records Department 8. generally does not generate any overtime hours. However, on rare occasions, a person may call in sick and one or two employees may share those shift hours. 9. The Records Department is open 24/7 for law enforcement agencies. Public hours are Monday through Friday, 8:00 am to 12:00 pm and 1:00 pm to 4:00 pm. CONCLUSION With all the services provided to law enforcement agencies and the public, the Records Department is extremely busy. Everything is scanned into the main computer system, should the computer malfunction, everything is kept on file in centralized locations for easy access. RECOMMENDATIONS None RESPONSES REQUIRED None TULAR COURTY GIV ID JULY RE RT 20 2-20 LAND USE LAND USE TULARE COUNTY'S CODE COMPLIANCE PROCEDURES FOLLOWED BACKGROUND Interviewed relevant witnesses. 1. In 1996, Tulare County combined the Planning and Development Department with the Public Works Department, 2. Reviewed relevant documents. the Community Development/Redevelopment Department, and Capital Projects Divisions. Thus, Tulare County's Resource FINDINGS Management Agency (RMA) was created. Ordinance code violations can range from an excess of 1. Since 1997, services were added to RMA. Some of those trash/garbage to lumber/tires to animals. services are the Abandoned Vehicle Abatement Program, Code Compliance, County Permits, Parks and Recreation, Solid Waste, The CCD responds to all complaints including those that are 2. Sewer and Water Services, Trash and Recycling Programs, etc. anonymous. All these services require enforcement of Federal, State, and County laws. The CCD does not initiate investigations on suspected 3. property code violations. A Building and Zoning Inspector is responsible for enforcing Tulare County's Ordinance Codes (TCOC). As an aid to enforce 4. Between August and December 2008, the CCD opened the TCOC, the Code Compliance Division (CCD) is used. The CCD 281 cases for investigation, an average of 56 Code takes in complaints and performs inspections/investigations Violation Complaints (CVC) per month. involving violations of the TCOC. 5. As of December 2008, there were 1,641 open and active REASON FOR INVESTIGATION cases, which included: Cases that have gone to hearing and are awaiting the a. deadline granted in the Code Compliance Agreement. Past Grand Juries reported on and made recommendations to the CCD. The 2008-2009 Tulare County Grand Jury revisited the Cases cleared with unpaid fines, or with paid fines b. CCD, investigated its function to determine if past without the violations having been corrected. recommendations were adopted. TULARE COUNTY GRAND JURY REPORT 2008-2009 TULARE COUNTY GRAND JURY REPORT 2008-2009 Non-cooperative property owners go to Administrative Should the violations continue after the AH, the County 6. e. Hearings (AH) within six to eight months after being cited will enforce compliance through abatement at a cost for code violations. of $1,050 plus $45 per hour for actual staff time to abate the violations, plus contractor costs. A daily fine of $100 is assessed for every day the Between 16 and 24 cases are prepared each month for an 7. f. AH. However, between 65 percent and 75 percent of those property is in violation starting on the date the Notice cases voluntarily comply before the hearings. of Violation and Order to Correct is mailed. The CCD work with those who are elderly/disabled and 8. 12. In addition to the fees listed above, if building construction have properties with code violations by extending time or land use changes are initiated prior to obtaining requirements and attempting to enlist the aid of family appropriate permits, required permit fees will be doubled. members to help eliminate the problems noted. An example is adding onto an existing building such as a covered patio. The CCD does not verify income. Based upon the 9. knowledge of the location of properties in proximity to 13. Thirty days after an AH, a lien is placed against the property communities with a poverty level close to 40 percent the (not a property tax lien) for unpaid fees, fines and CCD estimates that 40 percent of violations involve low- administrative costs. On average, each property has two income families. code violations and AH costs, totaling approximately $7,050. 10. There are six Code Compliance Field Officials who inspect/investigate all CVCs received. 14. As of December 2008, approximately $1.5 million in assessed fines and administrative and abatement costs 11. Citations and fines for code violations are handled in the were owed to the County for CCVs. following manner: a. A 30-day Notice to Abate Violation Citation (NAVC) is 15. RMA holds debts throughout the fiscal year (July 1 through June 30). At the end of the fiscal year, unpaid debts are issued. b. After 30-days, a second NAVC is issued and a $270 turned over to a collection agency. Cost Recovery Fee (CRF) is assessed. c. After an additional 30-days, a third Notice of Violation 16. In August 2008, the County contracted with a local collection agency. The contract is for three years with a and Order to Correct is issued and a $765 CRF is one-year extension and includes the following: assessed. d. Failure to comply with the third notice results in an AH a. Payment for services is 10 percent of monies and a $1,050 CRF is assessed. collected. b. The collection agency may negotiate the balance due RECOMMENDATIONS for a lesser amount therefore increasing the ability to collect monies owed. 1. Initiate an investigation should a field officer come upon property in violation of an Ordinance Code. 17. The collection agency is presently holding a check for $10,000 less their fee for a negotiated offer in compromise 2. Aid those in financial distress in the same manner given to for a property owing more than $30,000 in accrued fees, the elderly/disabled. fines and interest. Collect a greater amount of the estimated one-third 3. 18. County Counsel must approve the negotiated amounts and currently owed through the collection agency from all fees the new balance paid prior to liens being removed from assessed. properties. RESPONSES REQUIRED 19. As of February 2009, $10,959.98 had been collected (not including the collection agency fee). Tulare County Board of Supervisors Tulare County Resource Management Agency 20. The CCD believes that approximately one-third of the 1.5 million dollars owed will be collected through the collection agency. ADDENDUM CONCLUSION As of April 2, 2009, the Tulare County Board of Supervisors While it is commendable that employees of the CCD attempt to combined the Code Compliance Division with the Building help the elderly/disabled by granting time extensions or enlisting Inspection Division. The reorganization will eliminate 11 family to help clean up their properties, some may view this as positions; four current and seven vacant. It is expected that favoritism as there maybe others who are equally in need of this approximately $60,334 will be saved during the remaining type of help. 2008/2009 fiscal year and $661,404 will be saved during the 2009/2010 fiscal year. Past Grand Jury reports recommended the County enlist the aid of an area collection agency, as the County had been unsuccessful in collecting accessed fines, fees and interest. COUNTY GRAND JURY REPORT 2008-2009 TULAR TULARE COUNTY GRAND JURY REPORT 2008-2009 HOUSING BLIGHT IN TULARE COUNTY BACKGROUND Abandoned houses in Tulare County and the Cities of Tulare County present a serious threat to the desirability of home ownership to all communities within the County. The national foreclosure crisis is affecting not only individual families, but whole communities. Cities and states struggle to In Tulare County, more than 1600 homes are in some state of manage the fallout of vacant and abandoned properties. foreclosure. The foreclosure rate among local mortgage holders - two percent - has doubled from this time last year and now State and municipal budgets are hard pressed to cover the outpaces the national rate of 1.7 percent. The County's most rising costs of boarding up abandoned properties, remove trash, populous Cities, Visalia and Tulare, have undergone 1300 and combat increased vandalism, arson, property and personal 500 home foreclosures respectively. Visalia has budgeted crimes. Home prices are falling - and middle-class wealth, long $160,000 this year (2009) to deal with code violation accumulated through home equity, is dwindling. abatement pertaining to neglected and abandoned properties. The foreclosure crisis, fueled by sub-prime mortgages, has In 2008 the City of Visalia received an emergency allocation of resulted in significant property revenue losses for states, $2,388,331 under the U.S. Housing and Urban Development counties and local governments. Because many state and local Neighborhood Stabilization Program, whose purpose was to governments must balance their budgets each year, 20 states assist in the redevelopment of abandoned and foreclosed (including California) have already had to make or are proposing homes. Qualifying factors for the grant included a number of budget cuts due largely to revenue losses. These budget cuts home foreclosures, percentage of homes financed with sub- further harm the economy and deepen the recession. prime loans and the likelihood of increases in the future rate of foreclosures. Among California Cities receiving such a grant, Communities are asking: Visalia's "local abandonment risk" was rated high. A separate How complicated a process is it to deal with abandoned grant of $145,071,506 will be available to the State in early properties? 2009 for which any community not in receipt of a direct grant What is the impact and effectiveness of liens, citations and • can apply through the County. summary abatement actions? What communication and coordination exists among the Most of the Visalia funds are being targeted toward the various state, federal, County and city agencies on these Washington School and Lincoln Oval Park area neighborhoods, issues? but any neighborhood showing need is eligible. REASON FOR INVESTIGATION FINDINGS The 2008-2009 Tulare County Grand Jury is concerned: Federal funds are available through the recently legislated 1. 1. a. whether the County and/or Cities of the County have Housing and Recovery Act of 2008 (HR 3221). HR 3221 any protocol for dealing with abandoned houses; provides $3.9 Billion in grants to the hardest-hit b. whether the County and/or Cities of the County are communities for buying and repairing foreclosed property. preparing for a large increase in the number of abandoned houses due to the escalating sub-prime $11 Billion was made available to agencies in tax-free 2. mortgage meltdown and national credit crisis; municipal bonds for low-interest loans for: c. about the priority assigned to this crisis by city and first time home buyers a. construction of low income rental housing County agencies in the present economic situation. b. refinancing sub-prime mortgages c. pre-foreclosure counseling and legal services for The Grand Jury also has grave concerns relative to the d. 2. impact of abandoned houses including: distressed borrowers a. Vandalism Property value declines The Tulare County General Plan states, "The County shall b. 3. Tax valuation decreases also focus on abatement of dilapidated buildings and c. d. Neighborhood blight structures 1." e. Empty houses becoming attractive nuisances (illegal use of buildings) Policies and procedures for dealing with abandoned 4. properties differ and conflict between the County and PROCEDURES FOLLOWED Cities. Charter law under which most Cities operate and general 5. Interviewed relevant and involved city and County 1. law that directs County activities, treat abandoned property administrative, operating and oversight management. remedies differently. Reviewed relevant County, City, State and Federal policies 2. 6. Actions against the owners of abandoned properties and legislation. beyond imposition of liens and citations are ineffective in remedying the physical problem of an empty house. Reviewed General and Charter Law governing blighted real 3. estate. Tulare County Plan - Goals and Policies Report, pages 5-19 TULARE COUNTY GRAND JURY REPORT 2008-2009 TULARE COUNTY GRAND JURY REPORT 2008-2009 Many jurisdictions recognize the problem, but do not regard Returning abandoned homes/properties to productive use is 7. abandoned properties as a top priority. vital to overcoming the foreclosure crisis. The rehabilitation of homes will also create construction jobs. Few County and City owned/financed units are abandoned 8. as compared to those in the private sector. RECOMMENDATIONS There is very little coordination among the County and 9. Tulare County and all municipal entities in the county adopt 1. Cities on the issue of abandoned homes. two focuses: Increase code enforcement to ensure that abandoned a. 10. County and City jurisdictions are instituting surveys to houses and neighborhoods are not run down. determine the scope of blight. Help first-time homebuyers purchase repossessed b. houses. 11. In some historic districts of Visalia, assistance is being offered to owners/buyers to generate more than $150,000 Encourage people not to walk away from their homes by 2. in cost recovery revenue. Only local contractors are used providing educational classes advertised in the local media for rehabilitation. and held in areas most affected by foreclosures. 12. To report a vacant home with violations, residents may Improve first-time homebuyer programs to get houses out 3. contact: of bank repossession as quickly as possible. Example: only Visalia: 713-4534 a. repossessed houses may be bought with first-time Tulare: 687-2288 b. homebuyer funds. Porterville: 782-7472 or 782-7463 C. Dinuba: 591-5906 d. Adopt and enforce ordinances that crack down on problems 4. Farmersville: 747-0458 (ask for Code Enforcement) e. with abandoned homes by forcing the current owners, Exeter: 592-9244 (ask for Code Enforcement) f. including financial institutions, to maintain their Lindsay: 592-2511 g. houses/properties so that neighborhoods do not become Woodlake: 564-8055 (ask for Building Department) h. run down. Tulare County: 733-6291 i. 5. Make the issue of abandoned homes a top priority. CONCLUSIONS Develop and coordinate plans concerning the issue of 6. Funds are available (see Findings #1 and #2) to help purchase abandoned homes between the County and Cities. (Talk vacant, blighted properties and to rehabilitate them for resale or and work with one another.) affordable rentals to qualified families. 7. Apply for and make use of all available funds through H.R. Bill 3221 and all other resources. RESPONSES REQUIRED Tulare County Board of Supervisors Dinuba City Council Exeter City Council Farmersville City Council Lindsay City Council Porterville City Council Tulare City Council Visalia City Council Woodlake City Council TULAR COURTY GIV ID JULY RE RT 20 2-20 SPECIAL DISTRICTS SPECIAL DISTRICTS TULARE COUNTY INDIAN GAMING LOCAL COMMUNITY BENEFIT COMMITTEE BACKGROUND grant amounts and purposes that relate to the impacts of their gaming facility and set the expiration of the committees at January 1, 2009.3 The Tulare County Indian Gaming Local Community Benefit Committee (IGLCBC) was formed in 2004. It was California REASON FOR INVESTIGATION Senate Bill 621 that first made grant monies available from the Indian Gaming Special Distribution Fund (SDF) for counties, cities and special districts that were impacted by the tribal The Tulare County 2008-2009 Grand Jury on its own initiative decided to investigate the cessation of funding for the Tulare gaming industry. The Benefit Committee fulfilled one of four designated uses1 of these SDF funds that would be County IGLCBC. administered by the California Gambling Control Commission. Tribes operating 200 or more gaming devices on or before PROCEDURES FOLLOWED September 1, 1999 would contribute a certain percentage of their net winnings. In Tulare County the only tribe in this Appropriate officials were interviewed. 1. category is the Tule River Indian Tribe (Tribe), located approximately 20 miles east of Porterville, which owns and Relevant documents were inspected. 2. operates the Eagle Mountain Casino. During its brief tenure, the representatives of Tulare County's IGLCBC consisted of FINDINGS county, City of Porterville and tribal officials, its number and composition determined by statute. In July 2007, the State Auditor conducted an analysis of 1. several of the counties participating in this program and Government Codes established the Special California found that some of them, not including Tulare County, had Distribution Fund and its characteristics2 and established the not complied with the law. IGLCBC, described the calculations to be used to determine In 2007 the governor removed the impact-related funds 2. from the budget for two years, so the expected $60 million 1 The remaining three categories of the SDF consisted of (a) gambling ($30 million per year) was not disbursed from 2007 to addiction and awareness programs, (b) regulatory activities of the Gambling 2008. Funding of the remaining three categories of the Control Commission and (c) the Department of Justice and the compensation of shortfall in the trust fund. (Trust funds are allocated to non-gaming tribes.) 3 Sections 12710-12718 2 Sections 12012.75, 12012.85 and 12012.9 TULARE COUNTY GRAND JURY REPORT 2008-2009 SDF continues based on compacts between the State and A county child development center drainage project to d. Tribe, as there is no expiration date. prevent nearby soil erosion, serving Eagle Mountain Casino employees and their families On September 30, 2008, the State legislature approved 3. The purchase of digital pagers and other emergency e. amended budget trailer Assembly Bill 1389, which will response equipment for county fire and other restore IGLCBC funds in the amount of $30 million, emergency agencies extending them for one year (through January 1, 2010), Additional police and fire safety enhancements to f. and implement some changes in the SDF-IGLCBC program. patrol casino property and allow for adequate traffic Funds will be appropriated from the same State SDF to the enforcement local governments, specifically for the mitigation of casino The county Resource Management Museum Project, g. impacts. If any of the grant monies are used for an which includes the preservation of Native American unrelated purpose by any jurisdiction, the grant to it will cultural and historical heritage end, and unspent monies will revert to the SDF. The IGLCBC disbanded when impact mitigation funding for 6. In spite of the release of these funds, their availability 2007-2008 was discontinued and pertinent State remains uncertain due to the ongoing reconsideration of legislation ended. The IGLCBC reformed on January 21, the budget. 2009. Hearings are open to the public, and agendas and applications for funds are available through the County Priorities for funding through the IGLCBC have included law 4. administrative offices. enforcement, fire services, emergency medical services, roads, public health, recreation and youth programs, waste CONCLUSION disposal, water supplies, child care programs, mitigating environmental impacts and behavioral health. The use of casino impact funds in Tulare County has been conservative and responsible. The relationship between Tulare Specific projects have included: 5. County and the Tribe has been extremely positive. Involvement The rehabilitation and safety striping of the principal a. in the IGLCBC by the Tribe has been considerable. During the access road to the Casino years that funds were available, the State-run features of the b. A Sierra View District Hospital Emergency Department program meshed well with County goals. upgrade for increased access A Sheriff's Department communications tower c. Indian gaming casinos are enterprise funds of tribal designed to improve the reliability of communication The Tribe is licensed to carry out gaming governments. for emergency responders activities in order to (a) support its members and (b) raise revenue for its government operations programs, which is where a substantial portion of its profits go. Given the nature of the casino as an "economic engine" -- and the cooperation of a tribe and its county as an economic development issue - there are few enterprises with more potential than the simultaneous growth and improvement of both entities. RECOMMENDATION All local government entities continue to be open to opportunities that strengthen and improve their working relationship with the Tribe. RESPONSE REQUIRED Tulare County Board of Supervisors TULAR COURTY GIVED JULY RE RT 20 2-20 TULARE COUNTY GRAND JURY REPORT 2008-2009 OROSI PUBLIC UTILITY DISTRICT BACKGROUND FINDINGS It is unknown whether the OPUD Board has taken Ethics The town of Orosi, occupying two and one-half square miles in 1. northwest Tulare County, has a population of approximately Training.3 Orosi's provider of water is the Orosi Public Utility 8,500. District (OPUD), one of many special districts approved by Tulare The Brown Act requires the posting of public meeting 2. County's LAFCO (Local Agency Formation Commission). OPUD's agendas at least 72 hours in advance in at least one location accessible to members of the public.4 governing Board seats five members: president, vice-president and three directors. While autonomous, it is required to follow State laws that address elections, public meetings and record The agenda for the January 8, 2008 OPUD Board meeting 3. was posted on January 3, 2008. keeping, as well as to conduct a yearly audit. Between the dates of January 4 and 7, 2008, certain OPUD REASON FOR INVESTIGATION 4. Board and staff members became aware of the possible resignation of a Board member. The 2008-2009 Tulare County Grand Jury received a citizen complaint regarding violation of the Brown Act2 by directors of On January 4, 2008, a local resident was contacted by a 5. the OPUD Board. Board member and asked if he was interested in filling a possible vacancy. PROCEDURES FOLLOWED 6. At the January 8th meeting, the Board member did resign. Relevant witnesses were interviewed. 1. 2. Relevant documents were inspected. Passed in 2006, Assembly Bill 1234 (California Government Code Section 53235) requires all City/County officials, directors, trustees, and other governing board members of California Special Districts to receive two hours 1 LAFCOs are governing bodies that were created by State legislation to approve and coordinate the formation of new cities and special districts. One of Ethics Training approved by the Attorney General's Office and the Fair LAFCO is required in each California County except San Francisco. Political Practices Commission. California Government Code Sections 54950-54962. Government Code Sec 54954.2(a) (1). 2. OPUD Board members attend mandatory Ethics Training, Following the Board member's resignation the Board added 7. an agenda item to immediately appoint a Board member including recertification every two years. replacement.5 3. The Board of Supervisors include links to the Brown Act and The Board proceeded to approve the appointment of a other resources that would be helpful to Special Districts on 8. replacement member. the County website. 9. All of these actions took place during the January 8th 4. The Supervisors assist OPUD and other struggling districts. meeting. RESPONSES REQUIRED CONCLUSION Orosi Public Utility District Tulare County Board of Supervisors While the letter of the law concerning the addition of an item to the January 8th meeting agenda may have been observed, the spirit of the law which demands openness was not. Nothing would have been lost by dealing with a replacement appointment at a later meeting. Board members of OPUD need to operate with transparency and cooperation among themselves and with the community. RECOMMENDATIONS OPUD Board members follow the Brown Act when posting, 1. agenizing and conducting public meetings. California Government Code Section 54954.2(b)(2) states, "Upon a determination by a two-thirds vote of the members of the legislative body present at the meeting, or, if less than two-thirds of the members are present, a unanimous vote of those members present, that there is a need to take immediate action and that the need for action came to the attention of the local agency subsequent to the agenda being posted as specified in subdivision (a)." TULAR COURTY GL/ ID JULY RE RT 20 2-20 TULARE COUNTY GRAND JURY REPORT 2008-2009 TEVISTON COMMUNITY SERVICES DISTRICT PROCEDURES FOLLOWED BACKGROUND Relevant documents were inspected. 1. One of Tulare County's many Special Districts, Teviston Community Services District (Teviston) covers an area of Relevant personnel were interviewed. 2. approximately 80 acres off Highway 99 between Earlimart and Pixley. As self-governing entities, Special Districts provide public 3. The Grand Jury attempted to attend a Board meeting, services only to their residents and are limited to services such however it was cancelled. as fire protection, utilities, cemeteries and libraries. FINDINGS The original residents migrated mainly from Oklahoma, Texas and the Midwest in the 1930s to take advantage of the fertile and affordable farmland. Teviston's population is now Teviston failed to respond to the 2007-2008 Grand Jury 1. approximately 400. The County's LAFCO1 (Local Agency report on their District as required by law. Formation Commission), approved and coordinated Teviston's formation as a Special District for water in 1956. 2. The last Board meeting where business was conducted was December 11, 2008. REASON FOR INVESTIGATION 3. Since July of 2008 all regular meetings were cancelled with the exception of August 14, 2008 and December 11, 2008. The 2008-2009 Tulare County Grand Jury received a citizen complaint regarding action and non-action by members of the 4. The cancellation of regularly scheduled meetings was due Teviston Community Services District Board. The 2005-2006 to lack of a quorum. and 2007-2008 Grand Juries investigated similar matters pertaining to the district's governance. The District Secretary conducts 5. normal business transactions without supervision. A second employee performs District maintenance without 6. supervision. LAFCOs are governing bodies that were created by State legislation to approve and coordinate the formation of new cities and special districts. One Teviston's two employees are paid by cash voucher. 7. LAFCO is required in each California County except San Francisco. 8. Payroll taxes were paid through 2006 according to the 4. Teviston's Board must hire an independent auditor and independent audit report of that year, which was the last provide the County and the State with the required yearly known audit. audit reports. 5. Teviston's Board must stop paying their employees with Payroll taxes are currently in arrears, as of May 27, 2009. cash vouchers. 9. 10. Teviston has not filed an independent audit report as 6. Teviston's Board must pay all taxes owed to Federal and required by State law 2 since 2006. State authorities. CONCLUSION RESPONSES REQUIRED The Teviston Community Services District Board of Directors is Teviston Community Services District Board of Directors not functioning. No legal entity (neither the Tulare County Board Tulare County Board of Supervisors of Supervisors nor the State of California) is taking any responsibility for providing adequate oversight for the 400 people who depend on Teviston for water services. The people of Teviston must take an active role in the governance of their community. RECOMMENDATIONS 1. Although there is no legal requirement that the Board of Supervisors provide oversight to Special Districts, the Supervisors need to take the responsibility to assist those Special Districts that are experiencing such great difficulties. 2. Teviston's Board members must renew their commitment to serve and attend meetings. 3. Teviston's Board members must accept their obligation to supervise the District's operations. California Administrative Code Title 2, Section 1131.2. COURTY GLAND JULY RE RT TULAR 2.0 CITIZEN COMPLAINT PROCEDURES CITIZEN COMPLAINT FORM 1. Who: Any citizen of Tulare County may submit complaints concerning a variety of grievances. The complaint must be in writing. All complaints will be reviewed. Your Name: Address:______ * The Tulare County Grand Jury may refuse to act on a complaint, particularly if the matter is under judicial review, appears to be more appropriate for action by another . agency, or is out of the Jury's jurisdiction, such as the federal government or any State City:_____State:____Zip:____ · of California department. Telephone Number_____ Cell Number_____ SUBMISSION OF A COMPLAINT 2. What: Subject of complaint. Briefly state the nature of complaint and the action of the • department, section, agency or official(s) that you believe was illegal or improper. Use additional • The written complaint should cover the following points: sheets if necessary. 1. Your name, address and telephone number. • 2. Who or what agency is the complaint against? (What is the nature of the ____ complaint?) 3. When: Date(s) of Incident. ____________________________________ 4. Where did the incidents occur? (Address of incident or person or agency responsible) 4. Where: _____ 5. Why or how did incident happen? 6 Who else have you contacted about the incident? All normal attempts to resolve the problem should have taken place prior to submission of a citizen complaint to the Grand Jury. Why/How: Attach pertinent documents and correspondence with dates. • 7. SIGN AND DATE YOUR COMPLAINT. 6. Other persons or agencies you have contacted about this problem: THE COMPLAINT'S IDENTITY IS RIGOROUSLY GUARDED. AND THE GRAND JURY IS FORBIDDEN BY LAW Signed:_____ TO RELEASE ANY INFORMATION ABOUT INVESTIGATIONS Date:_____ See Complaint Form Procedures on reverse side for complete instructions. All forms must be signed. TULARE COUNTY GRAND JURY REPORT 2008-2009 TULARE COUNTY GRAND JURY NOMINATION FORM B. Spouse Information _____ Married _____ Single _____ Separated/Divorced _____ Widow/Widower Name: Name of Spouse: _____ Employed? ____ Yes ___ No First Middle Last Occupation/Employer of Spouse: Mailing Address: If spouse is retired, unemployed, or deceased, what was former occupation? _____State _____Zip___ City: Miscellaneous Information Telephone Number: Are you in good physical and mental health, and able to serve as a juror if selected? _____Yes _____ No Birthplace: _____ Birthdate: _____ Indicate any limiting condition: Vision satisfactory? _____ Yes _____ No Hearing satisfactory? _____ Yes _____ No U.S. Citizen: _____Yes _____No Tulare County Resident: _____Yes _____No Can you read, write and understand the English language? _____ Yes _____ No (at least 1 year) Age Range: _____ 18 – 25 _____ 26 – 34 _____ 35 – 44 _____ 45 – 54 Schooling background (please circle the highest grade completed) Grammar: 1 2 3 4 5 6 7 8 High School: 1 2 3 4 College: 1 2 3 4 5 6 7 _____ 55 – 64 _____ 65 – 74 _____ 75 and over Are you contemplating any absence from Tulare County during the fiscal year of July 1st through June 30th, which Female Male Gender: might interfere with your performance as a Grand Juror? Race/Ethnicity - Candidates may select more than one category: Yes ____ No If yes, explain (use separate sheet of paper) American Indian or Alaska Native _____ Asian Are you presently involved in any law suit pending in an Court, in any County or Judicial District in the State? _____ Yes _____ No If yes, explain. Please describe the nature of the litigation (use separate sheet of paper) Black or African American _ Hispanic/Latino THE FOLLOWING QUESTIONS MUST BE ASKED, AND ANSWERED, PURSUANT TO SECTION 893 OF THE Native Hawaiian or other Pacific Islander White PENAL CODE OF THE STATE OF CALIFORNIA: Other race or ethnicity – please specify: 1. Have you ever been convicted of a crime? _____ Yes _____ No If you answered yes, please state for what charge, the date and what Court(use separate sheet of paper) Decline to Answer 2. Have you ever been convicted of malfeasance in office? Yes No A. Employment Information If you answered yes, please state the date, place and circumstance (use separate sheet of paper) _____ Employed Now? ____ Yes ____ No Occupation: • 3. Have you served as a Grand Juror in any Court of this state? Yes No Name & Location of Employer: • If you answered yes, please state what County and the date you were discharged as a Grand Juror (use separate City: ______ State: _____ Zip: _____ sheet of paper) Telephone number: • 4. Are you presently serving as a trial juror in any court of this state? Yes No If you answered yes, please state name and location of the Court in which you are serving: Self-employed? ____ Yes ___ No If yes, name of business:_____ Address: _____ City: ____ • 5. Are you presently serving as an elected official? Yes No If you answered yes, please specify State: _____ Zip: ____ Telephone number: ____ what office: Retired, unemployed or recently changed jobs – please give former occupation: 6. Are you presently a candidate for any Elective Public Office? Yes No Are you planning to run for any Elective Public Office during the next calendar year? If employed, does your employer understand the extent of the duties of a Grand Juror; and will you be Yes ____ No If you answered yes to either question, please state what office: permitted to participate fully for the entire year? _____ Yes _____ No 7. In your own words, please state why you wish to serve as a Tulare County Grand Juror (if necessary use separate sheet of paper): Signature: Date: 2008-2009 Tulare County Grand Jury Roy Reini Gene Mooers, Foreman Annella Derby Sharon Lamagno Bob Atwood Mario Rodriguez Charles Webber, Foreman Pro-Tem Jacki Fletcher Irene Lapin Sylvia Baggs Tom Sullivan Kat Harris Ronald Marangi Renee Walker, Secretary Roberto Bustos Lino Moran Mark Wright Louise Whittle, Clerk of the Grand Jury Annette Jones Vince Davis 2008-2009 79 \mathbf{C} GRA B EPORT RE

F3: One Elections Division Manager a. Two Deputy Elections Supervisors b. 2008 was a challenging year for the Elections Division. Three One Elections Clerk I C. major elections occurred during 2008: the February Presidential One Elections Clerk II d. Primary Election, the June Statewide Direct Primary Election and One Elections Clerk III e. the November Presidential General Election. In view of this One Elections Technician f. extraordinary workload, the 2008-2009 Tulare County Grand One County Financial Technician g. Jury chose to investigate the Elections Division. From 2003 through 2008 for the three entry-level clerk

Related Recommendations (1)

R1: Conduct a study to determine whether the Elections Division Clerks need to be reclassified to reflect their job responsibilities. Increase voter participation in the election process by

F4: PROCEDURES FOLLOWED positions there have been 11 different people. The supervisors are continually training new clerks.

F5: Prior to any election, the Elections Division employs approximately six to eight temporary workers. In Tulare County the Registrar of Voters is also the Auditor- Controller/Treasurer-Tax Collector.

F6: There are 74 polling sites in Tulare County, including the

F7: Approximately 99 percent of voters use a paper ballot. There is at least one ballot box machine at each polling

F8: The Registrar of Voters makes registration forms available; There is one touch screen machine at each polling place for

F9: Poll workers are hired on a temporary basis before each The following is the breakdown of registration in Tulare

F10: Five field inspectors are strategically placed throughout the Elections Division office. county to repair equipment or replace the nonfunctioning equipment with machines they carry with them.

F11: The Chief Polling Officer at each polling place has a cell phone to call for immediate help when necessary. place which reads the paper ballots.

F12: any voter to use, particularly the disabled. A technician is however other groups (e.g. the League of Women Voters, available to assist with the proper use of this machine. political parties, etc.) actually conduct registration drives.

F13: County 2 as of November 2008: election. Registered voters: 146,415; Workers at each precinct/polling place are as follows: a. a. One Field Inspector (covers several polling b. Voters who permanently vote by mail: 58,739; i. Voters who choose to vote by mail: 48,748; places) i. Voters who are required to vote by mail because ii. One Chief Polling Officer (covers all precincts ii. there are 250 or fewer voters in the precinct: within one polling place) One Touch Screen Clerk (covers all precincts 9,991; iii. New registrations: 4,390; within one polling place) c. Updated registrations: 10,561; One Provisional Clerk (covers all precincts within d. iv. one polling place) Deleted registrations: 5,600. e. One Inspector for each precinct

F14: vi. produce English and Spanish ballots: 3,500 are produced There are more than enough volunteers; however, b. some smaller precincts such as Ivanhoe are difficult to in Spanish. staff. There is no screening process for volunteers.

F15: The State of California verifies voter registration. A voter C. Training classes are held for all poll workers. roll is provided by the state to notify the County of eligible d. Classes are held days and evenings and there are voters. i. makeup classes. 80 to 85 percent of the workers attend a class. ii. Volunteers are paid a stipend. e. Information concerning voting is online at www.co.tulare.ca.us. COUNTY GRAND JURY REPORT TULARE 2003-2003 TULARE COUNTY GRAND JURY REPORT 2008-2009

Related Recommendations (1)

R3: Impose mandatory training for all poll workers. a. b. Require all new poll workers attend a position specific training class. COULTY GLAD JULY RE RT TULAR

F16: Prior to an election, the Elections Division is required to conducted and each signature is checked for fraud. invite a member from various groups to be present when Personnel must balance accuracy and timeliness. the mechanical ballot procedures are tested and verified for accuracy. These groups include:

F17: The signatures on all mailed ballots are verified individually January 27, 2009. a time-consuming process. 280 voters participated in the run-off election ii. and the cost is expected to be between $5,000 to $7,000.

F18: By California law the first voter in each precinct verifies the emptiness of the ballot box. This voter's eligibility to cast a After a telephone complaint, the Elections iii. ballot is confirmed before performing the "First Voter" Division terminated a poll worker who was a activities. After the "First Voter" has verbally confirmed the candidate, without compensation. Some machines malfunctioned; however, they were ballot box is empty, and the touch screen machines all read c. zero the ballot box is closed and secured (by lock or seal) in either fixed on site or replaced. his or her presence. At this time the "First Voter" is issued Extra ballots were sent to the precincts due to the d. his or her ballot. anticipated large number of voters. The California Secretary of State requires that all e. voters be issued a "secrecy sleeve" with their ballot.

F19: All machines are returned to the Elections Division office Voters had the option to use the sleeve. when the polls officially close. Votes from the machines are i. counted first, then absentee ballots and finally provisional The sleeve was shorter than the 18-inch ballot. ii. ballots.3 When this was discovered to be a problem, poll workers instructed voters to turn their ballot

F20: A few days after the election a 100 percent of touch screen around so only the top was exposed. ballots and a random one percent of all other ballots is One volunteer was terminated for drinking alcohol f. during polling hours. Provisional ballots include those of persons who have not reregistered after 4 Election Code § 15651 and Education Code § 5016 (a), (b) and (d). they have moved, etc. and each is checked individually to make sure they did 5 For voter privacy the ballot is inserted into the "secrecy sleeve" before not vote elsewhere and that they voted on the correct ballot. leaving the polling booth. Some polling sites were not ready to open at 7:00 a.m.

F21: The Elections Division Manager noted the following issues The County Grand Jury after the November 2008 presidential election: a. The Democratic Party County Central Committee a. November 4, 2008 sample ballots were mailed b. The Republican Party County Central Committee without the names of those who wrote arguments for c. Any other political party with a candidate on the ballot and against Measures I, J and K. d. In the Earlimart School District Election: Any other interested organization b. e. Because of a tie, a run-off election4 was held on i.

F22: The Tulare County Elections Division certified the results of

F23: Acapulco Car Wash is used in Porterville, however a credit account is used instead of a contract. TULARE COUNTY GRAND JURY REPORT 2008-2009

F24: As of March 10, 2009, a total of $18,564 for 3,307 car DO NOT renew the car wash contracts; saving the County