Gran Jurado del Condado de Tulare
2009-2010
Hallazgos & Recomendaciones
4 hallazgos
F1:
During the Government Plaza evacuation drill conducted at the emergency evacuation drill on Government Plaza was over three December 17, 2009 the following years ago. was observed: a. Some agencies did not have an 4. The Government Plaza Building is assigned individual to check if in owned by Tulare County and located fact all persons in their agency had within the Visalia City limits. Ø 8 TULARE COUNTY GRAND JURY REPORT 2009-2010 CONCLUSIONS
F3:
The previous fire and emergency
F5:
Building maintenance for the Government Plaza was the Emergency and evacuation drills are responsibility of the Tulare County essential and necessary to help save lives Resource Management Agency (RMA) in case of a real emergency. The in December 2009. On January 26, emergency evacuation drill did identify 2010, this responsibility was taken several problematic issues and emergency over by the Tulare County equipment deficiencies. However, not all Administrative Office, General of these issues were discovered at the Services Division. time of the drill. The fact that they were not reported to the Tulare County Safety
F6:
The walk through inspection of the Officer initially, demonstrates the need for Government Plaza revealed: improvement. b. Several emergency lights do not function.
Recomendaciones adicionales
5
No vinculadas a hallazgos específicos.
R5:
Require all agencies within the
R7:
Procedures regarding the safe safety hazards within the evacuation of physically disabled Government Plaza. individuals from the second floor are not adequate. 3. Provide fire and emergency evacuation procedures to all
R8:
The Tulare County Safety Officer personnel during their orientation provided all agencies in the and training. Government Plaza with a summary report of the December 17, 2009 fire 4. Conduct emergency and evacuation and emergency evacuation drill. drills annually at the Government However, this report does not include Plaza and all other occupied Tulare all of the deficiencies identified by County buildings. the walk through inspection.
R9:
Prior to December 17, 2009, some Government Plaza to communicate, agencies housed at the Government with the County Safety Officer in Plaza did not have written or posted writing, to identify all emergency Fire and Emergency Evacuation equipment deficiencies and what Plans. corrective actions are initiated after every emergency evacuation drill.
R10:
Abatement of all unsafe conditions have not been completed in an 6. Check every office, as part of the expeditious manner. emergency evacuation drill to ensure 9 × TULARE COUNTY GRAND JURY REPORT 2009-2010 a written Fire and Emergency above designated emergency exit Evacuation Plan is posted. doors throughout the Government Plaza and all other occupied Tulare
Hallazgos & Recomendaciones
2 hallazgos
F9:
The City made the assertion that refuse collection is a “specialized The fact that the City considered items in service” and as such would fall under the proposals that were not requested in City Ordinance No. 579, Section the RFP indicates that not all of the 3.36.110 relating to “Professional companies that submitted proposals were and Specialized Services”. This playing on an equal playing field. One section states that it applies to “The company was given preference for acquisition of copyrighted and programs that were not required in the patented items, specialized or RFP and other companies were not professional services, and services allowed to adequately respond. If the City for which there is no reasonable was interested in these programs, all alternative which is of equal or better companies that submitted a proposal quality or nature, shall be made by should have been given the opportunity to following the procedures set forth in respond, or the programs should have this Section. been identified in the RFP. A. The purchase order or contract award for such professional or The City claims that since this was a specialized services or materials proposal and not a bid, City Ordinance No. shall have a copy of a statement 579, Section 3.36.100 does not apply. attached thereto by both the Regardless of what the process is called, a vendor or contractor and the City contract was negotiated in violation of City Administrator stating the reasons Ordinance No. 579, Section 3.36.100. and the specific copyright or The Grand Jury does not believe that patent circumstances which have refuse collection would fall under the given rise to the invoking of this “Professional and Specialized Services” exception to the competitive section of the City Ordinance. Paragraph acquisition process set out in this E of this section states “’Professional Chapter. Services’ means work performed by specially trained and experienced persons, The original of such statement shall firms or corporations rendering be filed with the City Clerk.” professional services and advise (sic) such The Grand Jury was unable to find as accounting, auditing, financial advisory, any such statement. securities underwriting, legal, medical, engineering, architectural, environmental,
F10:
The contract negotiated with Sunset economic, real estate, insurance, Waste contains a provision for a appraisal, lobbying, public relations, 13 × TULARE COUNTY GRAND JURY REPORT 2009-2010 ordinance codification and publication, or 2. Offer the senior citizen discount similar such highly specialized services.” specified in the contract. However, if refuse collection does fall 3. If the City intends to use the RFP under this exemption the City failed to process, adopt an ordinance to follow it’s own procedures by failing to specify the process. attach a statement stating the “...reasons
Recomendaciones adicionales
1
No vinculadas a hallazgos específicos.
R1:
All contracts, whether obtained through a RFP or bid process, comply with City Ordinance No. 579, Section 3.36.100. Ø 14
Hallazgos & Recomendaciones
9 hallazgos
F1:
On September 17, 2009, the City Council discussed the consolidation of
F2:
City officials later stated that the meeting in San Jose violated the Ralph 15 × TULARE COUNTY GRAND JURY REPORT 2009-2010
F4:
Provide a full public accounting of cost
F6:
Prior to the consolidation, there were the police and fire fighting functions at a three full time firefighters and City Council meeting in San Jose, approximately 22 full time police California. officers.
F7:
In 2000, 63 % of the City’s fire calls for RECOMMENDATIONS service were for medical aid/assist.
F8:
The fire fighting training that the police including the business community and officers are going through does not retail property owners, to make them include Emergency Medical Technician aware of the changes that have (EMT) or Paramedic training. occurred with the consolidation of police and firefighters.
F9:
The City stated that the cost to send the police officers to the fire academy, not 2. Comply with Ralph M. Brown Act. including salaries, is $350 per person for a total cost of $5250. This would 3. Explore providing EMT and/or train 15 police officers, yet the City Paramedic training to Public Safety states that they have approximately 22 Officers. police officers.
F10:
The City stated that the cost to send the versus savings of the consolidation on a firefighters to the police academy, not regular basis. including salaries, is $1600 per person for a total cost of $4800. This would REQUIRED RESPONSES train 4 firefighters. City of Lindsay
F11:
The training costs provided by the City City of Lindsay Director of Public do not include the additional cost that will be required to cover the shifts of the employees in training during their absence. CONCLUSIONS Prior to the consolidation, the firefighters need for equipment and adequate living quarters were lacking. It appears as if the needs of the police were given priority over those of the firefighters. While the City should be commended for cross training police and firefighters, the City should thoroughly investigate the history of the prior consolidation and subsequent separation of functions in an effort to avoid having history repeat itself. Ø 16
Recomendaciones adicionales
6
No vinculadas a hallazgos específicos.
R1:
Do more of an outreach to the citizens,
R4:
Provide a full public accounting of cost
R8:
The fire fighting training that the police including the business community and officers are going through does not retail property owners, to make them include Emergency Medical Technician aware of the changes that have (EMT) or Paramedic training. occurred with the consolidation of police and firefighters.
R9:
The City stated that the cost to send the police officers to the fire academy, not 2. Comply with Ralph M. Brown Act. including salaries, is $350 per person for a total cost of $5250. This would 3. Explore providing EMT and/or train 15 police officers, yet the City Paramedic training to Public Safety states that they have approximately 22 Officers. police officers.
R10:
The City stated that the cost to send the versus savings of the consolidation on a firefighters to the police academy, not regular basis. including salaries, is $1600 per person for a total cost of $4800. This would REQUIRED RESPONSES train 4 firefighters. City of Lindsay
R11:
The training costs provided by the City City of Lindsay Director of Public do not include the additional cost that will be required to cover the shifts of the employees in training during their absence. CONCLUSIONS Prior to the consolidation, the firefighters need for equipment and adequate living quarters were lacking. It appears as if the needs of the police were given priority over those of the firefighters. While the City should be commended for cross training police and firefighters, the City should thoroughly investigate the history of the prior consolidation and subsequent separation of functions in an effort to avoid having history repeat itself. Ø 16
Hallazgos & Recomendaciones
13 hallazgos
F1:
The AE-10 Zone, 10 acre minimum, is continue. If the violation is corrected an exclusive zone for intensive within 15 days of this First Notice, there agricultural uses and for those uses will be no fees or fines assessed. If which are a necessary and integral part however, this violation is not corrected of intensive agricultural operations. within 15 days or if you have not contacted this office to arrange an
F2:
On October 10, 2008, a non-compliance alternative compliance date within 5 notice was sent to a property owner days of this First Notice, you will be sent stating, in part, the following: a 30 Day Notice to Abate and you will “A field inspection by a Code incur an Administrative Fee of $270.” Compliance Officer on October 9, 2008, (See fee schedule at end of report.) confirmed that your property is in Ø 66 TULARE COUNTY GRAND JURY REPORT 2009-2010
F3:
On November 3, 2008, Code that was incomplete and not accepted. Enforcement sent an e-mail to a The Special Use Permit Application concerned adjacent property owner specifically states, “The application regarding the non-compliant property must be completed in every respect with owner. It states, “…he will need to all questions answered and all appear before an Administrative Hearing requested information provided before Officer to prove he is in compliance. If the County can officially accept the he is not in compliance, the fines and application for filing.” As of May 19, fees stick to the property. However, we 2010, the Special Use Permit usually will grant a contract for the time Application has not been completed to remove the violation, but the fees of and/or approved. $1050 stay with the property. If this case receives a Hearing Notice, the cost 6. On December 19, 2008, a Notice of of any Use Permit will double in fees.” Violation and Order to Show Cause and Notice of Assessment of Civil Fines and
F4:
November 19, 2008, a 30 Day Notice to Penalties was mailed to the property Abate Ordinance Code Violations was owner by regular and certified mail. The issued by RMA Code Enforcement. The notice states the following: notice makes reference to the October “YOU ARE HEREBY NOTIFIED that if the 10, 2008 non-compliance notice and public nuisance is not abated and the cites the specific section of the violations corrected on or before such ordinance and zoning code violations time, you shall be subject to such fines that informs the property owner of what and penalties as permitted by law. they need to do within 30 days of the These include Administrative Fees set abatement notice. This notice stated: forth in the attached fee schedule, and “Violation 1 - Obtain a building permit fines and penalties in the amount of and complete all inspections required by $100/day from the date of this Notice law or obtain a demolition permit, for each day the violation continues to remove the seatrain and call for a final exist during the 30-day correction period inspection. to a total of $7,050. Should you fail to Violation 2 - Submit a complete use timely pay these fines, penalties, and permit application and full filing fees for fees, the County may also place a lien a trucking business in the AE-10 Zone.” on your property and, with regard to the The notice also states that the property Administrative Fees, place these fees as owner had already incurred a recovery a tax against your property. Interest may cost of $270 for failure to comply with accrue until such time as the fines, the First Notice dated October 10, penalties and fees are paid.”
F5:
On December 18, 2008, a Special Use 8. An Administrative Hearing was held on Permit was submitted to RMA planning January 21, 2009. The Administrative 67 × TULARE COUNTY GRAND JURY REPORT 2009-2010 Hearing Notes indicated that the without a Use Permit.” The property “…property was in compliance prior to owner “…states in his application that the hearing.” This is inconsistent with he wishes to perform light maintenance. the investigative notes compiled by a This is only allowed inside of an Code Enforcement Officer on January enclosed structure. The following items 21, 2009, and put on record at the should be considered as additions to hearing, which stated, “I inspected the the Conditions of Approval: (1) No property for the Administrative Hearing maintenance of the trucks is allowed and noted the violations still exist.” unless the maintenance is conducted inside of an enclosed shop building. (2)
F9:
The hearing officer noted on the Screening shall be installed to shield Administrative Hearing Notes of January this trucking operation from view (such 21, 2009, that RMA can not issue a as plants). (3) No inoperative or permit without the approval of the wrecked vehicles or trucks shall be Special Use Permit for the seatrain. stored on this site. (4) Employee’s vehicles shall be parked behind the
F10:
The result of the January 21, 2009 screening.” hearing was a fine of $270 disregarding all other fines, fees, and penalties. 14. On March 10, 2009, a memo was sent to the RMA project planner from County
F11:
On February 21, 2009, a letter was sent Fire concerning this Special Use Permit from an adjacent property owner to a application, with the following County Supervisor inquiring as to the recommendations, some of which were: disposition of the trucking operation and “1. Provide all-weather access roads the problems associated with the code to the building or buildings violations. affected by the Special Use Permit.
F12:
On February 25, 2009, a memo was 2. The fire department shall be notified sent to the Director of RMA from the of proposed start date of any Code Enforcement Division concerning processing, storage, or special use an inquiry made by a County Supervisor granted and mitigated from the about this code violation. The memo start, and not after building states that the fees of $1050 were operations begin.” rolled back to $270 and all fines owed “4. Violations of any of these conditions the county were dropped because the will cause the fire department property owner made an attempt to approval of the Special Use comply. The memo also makes Permit to be rescinded.” reference to having another hearing on March 18, 2009 before the same 15. Nothing further has been done hearing officer. This violation was not regarding this particular code violation reviewed at the March 18, 2009 Administrative Hearing. 16. Currently, there are over 400 code enforcement cases not being worked.
F13:
On March 9, 2009, an RMA memo from Code Compliance was sent to the 17. As of November 16, 2009, Project Planner, stating the following, approximately $2,000,000 in fines, “The parcel that contains your project is penalties, fees, interest and liens is also the location of a violation. This owed to the County. violation No. [XXX} consists of trucking Ø 68 TULARE COUNTY GRAND JURY REPORT 2009-2010
F18:
The Board of Supervisors approved RECOMMENDATIONS RMA’s recommendation to consolidate Code Enforcement with Building 1. Enforce all established code and zoning Inspection April 2, 2009. This has ordinances. eliminated Code Enforcement personnel. 2. Take every action needed to track until completion all currently identified code
F19:
The last Administrative Hearing took and zoning violations. place in December 2009. 3. Enforce collections of all fines, fees, interest and penalties, as shown on the
F20:
Nothing further has been done RMA Code Compliance Division regarding this particular code violation. Schedule of Fees. CONCLUSIONS 4. Evaluate recent staff reductions of RMA Inspection and Code Enforcement Due to the elimination of Code Enforcement Divisions to determine effects on personnel, RMA is overwhelmed. In the past, revenue collection and code Code Compliance Division generated compliance. revenue. At present, with the significant staff reduction, revenues have decreased and 5. Start required Administrative Hearings known code violations are not being tracked immediately. and corrected.
Recomendaciones adicionales
2
No vinculadas a hallazgos específicos.
R19:
The last Administrative Hearing took and zoning violations. place in December 2009. 3. Enforce collections of all fines, fees, interest and penalties, as shown on the
R20:
Nothing further has been done RMA Code Compliance Division regarding this particular code violation. Schedule of Fees. CONCLUSIONS 4. Evaluate recent staff reductions of RMA Inspection and Code Enforcement Due to the elimination of Code Enforcement Divisions to determine effects on personnel, RMA is overwhelmed. In the past, revenue collection and code Code Compliance Division generated compliance. revenue. At present, with the significant staff reduction, revenues have decreased and 5. Start required Administrative Hearings known code violations are not being tracked immediately. and corrected.
Hallazgos & Recomendaciones
8 hallazgos
F1:
There was one special/emergency meeting held on May 7, 2009. The Board has been unable to provide an agenda for this meeting but evidence indicates that it was a closed session meeting. There was no opportunity for public comment, which is a Brown Act violation.1 1 California Government Code Section 54954.3 (a) [See end of this report] T U L A R E C O U N T Y G R A N D J U RY R E P O R T 2 0 0 9 - 2 0 1 0 Ø 18
F2:
Recently one of the Board members resigned due to accepting a new position out of the area. The Board publicized the opening and made an appointment to fill the position from the two applicants who responded.2
F3:
The voting records show that no more than one eligible citizen has filed papers to run for the Board since 2000.
F4:
Board members failed to file a correctly completed Form 700 (California Fair Political Practices Commission Statement of Economic Interests) as required by State law. The District supplied the Grand Jury with Form 700s for all Board Members on December 17, 2009. The form for one of the Board Members was unsigned and undated. On January 5, 2010, the District supplied the Grand Jury with the form 700 for this Board Member signed and dated March 9, 2009.
F5:
All Board members are required to have ethics training every two years3 as required by AB 1234 which was signed into law on October 7, 2005. One Board member who has been a board member for more than ten years, has no record of ethics training until December 19, 2009.
F6:
A new Board Member was approved to serve the term of a Board Member who resigned November 16, 2009. There were two candidates that applied for this position. This action was taken at a Board Meeting on January 21, 2010. Since this was 2 California Government Code Section 1780 [See end of this report] 3 California Government Code Section 53235 (b) [See end of this report] more than 60 days since the vacancy was created, the Board appropriately contacted the Tulare County Board of Supervisors (BOS) to appoint this member. The BOS made the appointment in accordance with California Government Code Section 1780 on February 9, 2010.
F7:
Even though the Board was comprised of four City of Exeter employees and an individual who has a contract with the City, no conflict of interest was substantiated. However, there were occasions where the City employees were receiving pay from the City at the same time they were conducting Board business and also receiving pay for serving as a Board Member.
F8:
Board Members who attend Board meetings receive a stipend of fifty dollars per month.
Recomendaciones adicionales
4
No vinculadas a hallazgos específicos.
R1:
Allow public comment at all public Board meetings.
R2:
All Board members file an accurate and complete Form 700 as required by State law.
R3:
All Board members complete ethics training as required by State Law.
R4:
Board Members attend training sessions on local government (Government 101) initiated by the Tulare County Board of Supervisors and provided by County Counsel and other local attorneys.
Vista rápida
Detalles completos →
Hallazgos & Recomendaciones
9 hallazgos
F1:
Attendance and punctuality at attended 26 of 28 meetings and Commission meetings by some Planning was late 14 times from 3 to 57 Commissioners has been an ongoing minutes. problem and described in the 2002- d. The District Four Commissioner 2003, 2006-2007 and 2007-2008 attended 26 of 28 meetings. Grand Jury Final Reports. e. The District Five Commissioner attended 26 of 28 meetings and
F2:
On August 11, 2009 the BOS appointed was late twice. an alternate Planning Commissioner. f. One At-Large Commissioner attended 24 of 28 meetings.
F3:
The BOS decided that an alternate g. One At-Large Commissioner Planning Commissioner (an 8th person) attended 13 of 28 meetings and would not only assist in solving the eventually resigned. problem of not having a quorum but it 71 × TULARE COUNTY GRAND JURY REPORT 2009-2010
F6:
On several occasions a Commissioner commissions, and committees whose was observed operating a cellular phone members serve at the pleasure of the during the meeting while business was legislative body, and the necessary being conducted. qualifications for each position.”
F7:
The BOS followed the minimum 12. The BOS has what is called the List of standards of the Maddy Local Appointive Offices on Regulatory and Appointive List Act 1 (Act). Advisory Boards, Commissions and Committees.
F8:
In Section 54970 of the Act, the Legislature declared that many 13. Section 54973 of the Act states, “The opportunities exist for the public to be Local Appointments List shall be made appointed to local regulatory and available to members of the public for a advisory boards, commissions and reasonable fee which shall not exceed committees. Additionally, the Act actual cost.” It continues by instructing declared that the public has traditionally the BOS to appoint the largest public been denied access to information library within its jurisdiction to “…receive regarding vacancies on these boards, a copy of the list”. commissions and committees. This denies citizens and interest groups the 14. Section 54974 of the Act provides that opportunity to nominate persons to in situations other than an emergency, contribute to the efficient and the BOS shall post unscheduled representative policy development and vacancies not earlier than 20 days administration in local government. before or not later than 20 days after the vacancy occurs.
F9:
Section 54972 of the Act states that by 15. Section 54974 of the Act also states December 31 of each year the BOS that unscheduled vacancy notices shall prepare a “…list of all regular and “…shall be posted in the office of the ongoing boards, commissions, and clerk of the local agency, the library committees which are appointed by…” designated pursuant to section 54973, the BOS. This section of the Act also and in other places…” states, “This list shall be known as The Local Appointments List.” CONCLUSIONS
F10:
Section 54972 (a) of the Act states that The findings revealed no meetings were this list shall contain appointive terms cancelled due to a lack of a quorum in 2008 which will expire during the next and 2009. At a cost of at least $2,400 a calendar year, “…with the name of the year (which does not include mileage, travel incumbent appointee, the date of for training and other expenses) the appointment, the date the term expires, appointment of an alternate Commissioner and the necessary qualifications for the was unnecessary and fiscally irresponsible. position.” It appears that not having a sufficient
F11:
Section 54972 (b) of the Act states the number of people to fill a vacant Commission list shall also contain “…all boards, position may be due to a lack of advertising. The Grand Jury believes there are members of the public, both professional and non- 1 California Government Code 54970-54974 Ø 72
Vista rápida
Detalles completos →
Hallazgos & Recomendaciones
7 hallazgos
F1:
Title 15 of the California Code of Regulations covers inmate clothing and
F2:
Some Correctional Officers involved in not correct. A Correctional Officer is the clothing exchange are not familiar always in the immediate area and with the policy. watching the exchange process. Ø 54 TULARE COUNTY GRAND JURY REPORT 2009-2010
F7:
In dormitory type facilities, the inmates bedding requirements. The Division’s give their clothing to be exchanged to Policy and Procedure Manual (Manual) the trustees and request the size of supplements this regulation and clothing they want. The trustees take outlines requirements for issue and the clothing from the linen cart where it exchange of inmate clothing and is stacked by size and issue it to the bedding. inmates. The inmates have sufficient time to inform the trustees if the size is
F8:
In locations where the inmates are in RESPONSES REQUIRED close confinement, the inmates push their soiled clothing out from under their Tulare County Board of Supervisors door and request the size of clothing Tulare County Sheriff’s Department they want. The trustee picks up the Tulare County Health and Human Services soiled clothing and pushes the clean Agency clothing back under the door to the inmate.
F9:
There is a transition to all white clothing except for high risk inmates, who are clothed in stripes for easy identification. White clothing has no gang affiliation and is easier to spot blood. This transition will take some time because they only replace worn out clothing.
F10:
A supply of jackets is available for issue at the roof top exercise area of the Main Jail. The Correctional Officer on duty stated they are laundered regularly.
F11:
Over the last several months the laundry and clothing exchange process has improved. CONCLUSIONS Because jackets for use at the Main Jail roof top exercise area are shared, it is possible to transfer disease and/or infestation.
Recomendaciones adicionales
3
No vinculadas a hallazgos específicos.
R1:
Comply with Title 15 of the California Code of Regulations and the Division’s Manual.
R2:
Ensure all Correctional Officers involved with clothing (issue and exchange) are familiar with the Division’s Manual.
R3:
Health and Human Services Agency review the policy of sharing jackets at the Main Jail. 55 ×
Vista rápida
Detalles completos →
Hallazgos & Recomendaciones
15 hallazgos
F1:
On January 16, 2009, ten sworn police officers from the Woodlake Police Department were scheduled for quarterly qualifications at the Exeter gun range (Range). The training was sched- uled to commence at 11:30 AM and end at 5:00 PM.
F2:
On the date of training the officers were required to bring all of their department issued firearms and equipment to the range.
F3:
The shooting scenarios were set up by the Woodlake Police Department’s Range Master on January 16, 2009, at approximately 9:30 AM for the training.
F4:
The shooting scenarios were teams of two officers shooting at the same time, one from a kneeling or squatting position using their handgun and the other officer from a standing position using a rifle.
F5:
There were more officers shooting at the Range than those scheduled for training that day. at 5:00 PM.
F6:
Some of the duties of a Range Master include the following: a. Plan, schedule and conduct firearms training activities. b. Firearms instructor training. c. Qualifications and weapons maintenance. d. Train officers in gun use and safety. e. Provide firearms qualification testing.
F7:
The Range sits at a higher elevation than nearby orchards. Adjacent to the west-side of the Range is the Friant- Kern Canal with residential homes on the opposite side, within half a mile of the Range.
F8:
The Range was built with a cement pad that is 50 feet wide by 150 feet in length, which contains several shooting lanes with markings to identify the distance of the lanes.
F9:
The lanes run from southwest to northeast, with a dirt berm directly northeast of the shooting lanes that is used as a buffer to keep the bullets from exiting the Range. There are two lower wing berms that taper down from the main berm on each side.
F10:
Law enforcement firearm safety rules include the following: a. Always keep your firearm pointed in a safe direction, b. Always be certain that your target and the surrounding area are safe before firing.
F11:
There were no safety rules posted at the Range.
F12:
Evidence revealed that some of the targets were set up in such a manner that shooting at them from a kneeling position may have caused the bullets to go over the lower dirt berm in the direction of the nearby populated areas.
F13:
It was reported in local newspaper that aside from the victim who was shot on that day, another individual heard bullets passing near them during the time frame the Range was being used by the Woodlake Police Department.
F14:
The Woodlake Police Chief refused to provide documents requested by the Tulare County Sheriff’s investigation team regarding the January 16, 2009 shooting at the Range.
F15:
Penal Code section 246.3 entitled, Discharge of Firearm or BB Device in Grossly Negligent Manner That Could Result in Injury or Death of Person reads in part as follows: “ (a) Except as otherwise authorized by law, any person who willfully discharges a firearm in a grossly negligent manner which could result in injury or death to a person is guilty of a public offense and shall be punished by imprisonment in a county jail not exceeding one year, or by imprisonment in the state prison.”
Recomendaciones adicionales
4
No vinculadas a hallazgos específicos.
R1:
Tulare County District Attorney re-open and re-examine the accidental shooting of January 16, 2009 at the Range. T U L A R E C O U N T Y G R A N D J U RY R E P O R T 2 0 0 9 - 2 0 1 0 Ø 58
R2:
City of Exeter make the following improvements to the Range: a. Raise height of wing berms to match that of the main impact berm. b. Permanently post Range Rules at the Range. c. Include in Range Rules the direction of shooting. d. Install a Hot Range Flag to be used during target practice.
R3:
All law enforcement agencies cooperate and work together.
R4:
All Range users follow all Range rules.
Hallazgos & Recomendaciones
19 hallazgos
F1:
The nursing staff reviews the sick call Hospital Clinic and VHCC as required by slips and prioritizes them into a triage list of inmates to be seen that day. The Tulare County Sheriff’s Department Detentions Division Policy & Procedure Manual, # A-140 59 × TULARE COUNTY GRAND JURY REPORT 2009-2010 Health Care Manual 90-06 (V) (A) (2) (A- 13. Review of the HHSA grievance logs for M). September, October, November and December 2009, revealed there were
F2:
All categories of specialists need to be Sheriff’s Detention Policy Manual to contracted per Health Care Manual. include a mandatory shift briefing prior The following are missing: to assuming duties by incoming medical a. Cardiology staff. b. Gastroenterology c. Neurology 12. Distribute medications as prescribed. d. Pulmonary Disease e. Rheumatology
F5:
The Specialists that care for the inmates are located at Tulare Regional Medical
F6:
At the Pre-Trial Facility there is a Dentist, 120 medical/medication grievances to treat inmates from all of the jails, from inmates. employed by HHSA.
F7:
The three PAs at the jails work four 10 normally distributes medications to hour shifts per week to cover medical inmates and documents when an needs of the inmates. Mondays and inmate is almost or completely out of Fridays are their busiest days, but the medication. schedule calls for only two PAs on those days. 15. When short staffed, a Licensed Vocational Nurse and/or PA help
F8:
HHSA implemented a Grievance distribute medication, preventing them Tracking Log. The intent of the log is to from seeing patients. allow tracking of medical grievances from submission to resolution. Review 16. The inmate is supposed to sign a of seven months of the Grievance medical distribution log , per the Health Tracking Log show the log did not Care Manual Policy # 90-05(V)(D), adequately represent the issues however only the Med Tech signs when identified by aggrieved inmates. he/she gives the inmates their medication.
F9:
Inmate concerns on the grievance form are reduced to a one line item on the 17. The Sheriff’s Detention Policy Manual # tracking log, while the medical F-625, Medical/Pill Call Services states, practitioner responses are lengthy and “Anyone who brings medications detailed. (prescription and over-the-counter) into the facility are to turn them into the
F10:
Grievances forwarded to the medical Intake Officer. All such medications will staff, with medical and non-medical be checked by medical staff to validate issues, are not always redirected to the authenticity. This medication will then responsible authority. be dispensed through pill call in the normal manner.” MEDICATION:
F11:
Not all medication is being refilled in a drugs, including prescribed medications, timely manner as prescribed. are confiscated. Prescription medi- cations are held for inmates until they
F12:
The Hillman Pharmacy2 had an are released in violation of Sheriff’s automatic prescription refill system. Detention Policy Manual. This system would occasionally fill prescriptions even though inmates had 19. One pregnant inmate’s prenatal been released. This system is no longer vitamins were not provided for a month. in place.
F14:
A Medical Technician (Med Tech)
F18:
During the current booking process, all
F20:
Seizure medication was confiscated from an inmate and was not provided 2Also known as HHSA Pharmacy Ø 60 TULARE COUNTY GRAND JURY REPORT 2009-2010 until after two weeks and three 27. Inmates’ medication is dispensed twice emergency visits to Kaweah Delta a day, including those that are District Hospital. prescribed to be taken three or four times a day. Dosages are increased to
F21:
One inmate was on chemotherapy when allow for frequency. incarcerated. The Judge ordered the continuation of chemotherapy. 28. The majority of prescriptions are However, two sessions were missed, antibiotics and pain medications. and the inmate had to file a complaint before the chemotherapy was 29. There is no communication or briefing administered. between medical staff during shift change.
F22:
A Med Tech threatened to have an inmate’s need for medication reviewed 30. There are multiple conflicts within and because of disrespectful behavior. between Title 15, the Sheriff’s Detention Policy Manual and the Health Care
F23:
The Health Care Manual Policy 95- Manual (e.g. Sheriff’s Detention Policy 01(V)(F) (1, 2 and 3) states, “Unused #F-625 and #F-408). medication should be returned to the HHSA Pharmacy in unit dose containers CONCLUSIONS for disposal. Containers shall not be taken apart and the medications shall It appears as though the term “adequate” as not be removed prior to returning to the referred to in Title 15 regarding health care pharmacy. Any unit dose container no has been defined in Tulare County as “barely longer in use (i.e., inmate released, sufficient or satisfactory” instead of medication discontinued or therapy “sufficient for a specific requirement” completed) must be returned to pharmacy as soon as possible. It is Inmates being offered outside medical preferable to return unit dose services in a limited manner and sick call containers on a daily basis. Out of date slips not being processed timely could lead to medications are to be returned to the long term illnesses and additional financial HHSA Pharmacy on a monthly basis.” burden to the County.
F24:
In October 2009, a large box of Not providing a secure accounting of unused ‘salvaged’ medication disappeared from medication leads to theft or lost of BWDF. The contents of the box were medication and is not a fiscally sound unknown, due to the lack of a chain of practice. custody. Threatening to review the need for
F25:
The Sheriff’s Detention Policy Manual # medication to control inmates is not part of B300 H(3) states, “The Shift Supervisor the policy. will…prior to release...retrieve all inmate medications and give the inmate, not to Jail policies and procedures not being exceed a two-week supply”. followed are causing significant medical and medication problems within the jail system.
F26:
Medication does not always go with the inmate upon their release. 61 × TULARE COUNTY GRAND JURY REPORT 2009-2010
Vista rápida
Detalles completos →
Hallazgos & Recomendaciones
17 hallazgos
F1:
On one occasion the inmate's legal mail was opened in error.
F2:
The Bob Wiley Detention Facility and the Main Jail have law libraries with a phone equipped for non-recorded calls for Pro Per inmates.
F3:
The Superior Court Judge who oversees the Pro Per inmates, determine how much money is placed on the inmate’s pre-paid phone card during any seven day period (Monday-Sunday).
F4:
The law library at the Bob Wiley Detention Facility is enclosed and conversations cannot be overheard. T U L A R E C O U N T Y G R A N D J U RY R E P O R T 2 0 0 9 - 2 0 1 0 Ø 64
F5:
It is possible for other inmates or a Correctional Officer to hear a conversation from within the Main Jail law library.
F6:
The Tulare County Sheriff’s Department has a Pro Per Policy and Procedures Manual (Manual).
F7:
The Manual outlines rules for telephone privileges. The Manual also states, “Violations of these rules related to the use of the telephone shall result in discipline and possible loss of Pro-Per privileges, including, but not limited to, the loss of the privilege to make telephone calls.” One inmate’s Personal Identification Number was used by other inmates and his telephone privileges were suspended.
F8:
The Manual states, “A committee, consisting of a Judge of the Superior Court, an Attorney of the Public Defender’s Office, an Attorney of the County Counsel’s Office, and a member of the Sheriff’s Department will meet, no less than once annually to review this policy and procedures. The committee may make
F10:
The Manual allows inmates to check out audio and video equipment to use during their law library session. No outside equipment is allowed in the Jail.
F11:
The Manual allows inmates use of a computer to research law and other case related material. It also states, “The Sheriff will not be responsible for providing any computer instruction”.
F12:
The Manual states, “Pro Per inmates will be given 10 hours of law library access in 3-5 sessions over a seven day period (Monday-Sunday).” Pro Per inmates are allowed law library access in accordance with the policy.
F13:
During a visit to the Main Jail the Grand Jury observed a computer in the law library. A Correctional Officer was asked to demonstrate the log-on procedure. The officer tried for approximately 30 minutes to access the legal website unsuccessfully. There were no instructions to access the legal website.
F14:
A subsequent visit to the Mail Jail law library revealed the same computer with type-written instructions taped to a cabinet. This computer was used by a member of the Grand Jury to access the legal website successfully using the new instructions provided. Reference cards were available to help search legal websites.
F15:
During a visit to the Bob Wiley Detention Facility, the Grand Jury observed the computer in the law library. Juror attempts to access the legal website were unsuccessful.
F16:
A subsequent visit to the Bob Wiley Detention Facility law library revealed that new instructions had been T U L A R E C O U N T Y G R A N D J U RY R E P O R T 2 0 0 9 - 2 0 1 0 65 × posted and a Juror accessed the legal website without difficulty.
F17:
Legal Materials including softbound law books can be kept in one paperboard box, commonly referred to as a “banker’s box” in the inmate’s cell.
F18:
Anything that can be used as a weapon or modified into a weapon (CDs, video equipment, pencils, etc.) cannot be kept in the cell. Special short pencils can be purchased by the inmate.
Recomendaciones adicionales
3
No vinculadas a hallazgos específicos.
R1:
Review the Pro Per Policy and Procedures Manual annually as required in the document.
R2:
Inspect the law libraries semi- annually to insure they meet the requirements of the Pro Per Policy.
R3:
Provide privacy in the Main Jail law library.
Vista rápida
Detalles completos →
Hallazgos & Recomendaciones
2 hallazgos
F1:
Of the 48 District meetings visited: h. Not all Board Members were a. Thirty-seven started on time. prepared for their meeting. Ø 42 TULARE COUNTY GRAND JURY REPORT 2009-2010 i. Thirty-one districts provide benefits Counsel and other local attorneys for all for their Board Members and governing board members.) fourteen pay their Board Members. j. The length of meetings varied 2. School Districts: between ten minutes and four a. Add to the agenda Senate Bill 343 hours. Chapter 298 language and a place k. In five districts Board Members for public comment. were late to the meeting. b. Post meeting agendas 72 hours l. Meeting rooms were a problem for before the Board meeting in a five districts, they did not have a location where it is available for the room for the meeting or the room public to review per the Ralph M. was too small. Brown Act. m. Two districts moved the meeting to c. When the agenda is full of another room without notification business save extra presentations or leaving a notice at the original for another meeting. site where the meeting had relocated. 3. School Board Members: n. On at least two occasions, Board a. Read agenda packets before Members appeared to fall asleep. meetings. b. Be on time.
F2:
Eight of the 48 districts have complied c. Be professional and business-like, with Senate Bill 343 Chapter 298 do not veer off the agenda or fall (Government Code section 54957.5). asleep. This Senate Bill, which is an amendment d. Keep meetings under 2 hours in to the Ralph M. Brown Act, became order to increase meeting effective July 1, 2008 and requires that participation. Board meeting agendas include a e. Ensure all speakers can be heard notice, that any agenda packet provided by each and every person in to Board Members is available for public attendance. inspection at the district office and/or the district’s web site. 4. If a large group of parents, teachers, and visitors are expected to attend a CONCLUSIONS meeting, find a room large enough to accommodate them before the meeting The majority of Tulare County School Board time. meetings are well run by organized, knowledgeable and supportive people. 5. If the scheduled meeting room is moved However, there are issues that need to another site, post a notice of the new addressing in the preparation and execution location at the original site. of the School Board meetings.
Recomendaciones adicionales
1
No vinculadas a hallazgos específicos.
R1:
All School Board Members in all Districts Alpaugh Unified School District attend Government 101. (A training Alta Vista Elementary School District initiated by the Tulare County Board of Buena Vista Elementary School District Supervisors facilitated by County Burton Elementary School District 43 × TULARE COUNTY GRAND JURY REPORT 2009-2010 Citrus South Tule Elementary School District Columbine Elementary School District College of the Sequoias Cutler-Orosi Unified School District Dinuba Unified School District Ducor Elementary School District Earlimart Elementary School District Exeter Elementary School District Exeter Union High School Farmersville Unified School District Hope Elementary School District Hot Springs Elementary School District Kings River Union Elementary School District Liberty Elementary School District Lindsay Unified School District Monson-Sutlana Joint Union Elementary School District Oak Valley Union Elementary School District Outside Creek Elementary School District Palo Verde Union Elementary School District Pixley Elementary School District Pleasant View Elementary School District Porterville Unified School District Richgrove Elementary School District Rockford Elementary School District Saucelito Elementary School District Sequoia Union Elementary School District Springville Union Elementary School District Stone Corral Elementary School District Strathmore Union Elementary School District Sundale Union Elementary School District Sunnyside Union Elementary School District Terra Bella Union Elementary School District Three Rivers Union Elementary School District Tipton Elementary School District Traver Joint Elementary School District Tulare City School District Tulare Joint Union High School District Visalia Unified School District Waukena Joint Union Elementary School District Woodlake Union High School Woodlake Union Elementary School District Woodville Union Elementary School District Tulare County Organization for Vocational Education (TCOVE) Tulare County Office of Education (TCOE) Ø 44
Vista rápida
Detalles completos →
Hallazgos & Recomendaciones
4 hallazgos
F1:
The California Vehicle Code4 governs were conducted covering the same cooperation on the part of the Traffic Division speed limits in California. Tulare County traffic areas as those conducted in
F2:
The California Vehicle Code provides the of the RMA. The comparative chart Board of Supervisors (BOS) agenda of 2008, this time identifying two changes means for speed limits to be completed by the Grand Jury revealed that July 7, 2009 states, “The CVC also in the 30 locations. established by local authorities on the the 2008 engineering and traffic surveys provides the means for speed limits to basis of engineering and traffic surveys. reflected a need for a change in speed limits be established by local authorities on 5. The 2009 survey in the Plainview area that were never submitted for an ordinance 1See 1e Sntedhe oe ef ntbhdai sos fri esthp ioosr frt efaoprno rC toe fuonnrg tCiyno Ouernedtiryni naOngrdc iean anCnodcd eet rCPaoafdrftei cI IP I,a rt III3,S Cehea cphteaw rr t1 aa, s tA ertni c cdo l eon f1 dt huics treedpo rtf.rom May 5, 2009
F3:
In 2008, engineering and traffic surveys amendment to the BOS. RMA’s failure to Chap2t eCrsa 1tliu,f odArrynt.iic al eV e1hiCcloen Csoidsete snetc tionw 4it0h8 02t(hai)s(2 ), CinV tChe Tular4eC aCloifuonrntyita hL Vriboerhuairgcylh eo rCJ touhdneee Cs ae5lci,ft oio2rnn0isa0 2 w92e 3ba4 ns8id tte h srouupgpho 2r2te41d3 a, were completed in 18 communities and submit resolution amendments to the BOS, 2Califhotrtn p pi: r a/ o /V v we i w s h i iwc o .l n ed m , C ov.d T cea u .s l g a eo r cv e t/io pnu b C 4s o 0/ u 8vc0 n t2 t o y (pa , / )v(2c b /),v y ic n. ht B htme o T a u r l d a re in the Tulsapree eCodu nlitmy Liti bcrahrayn ogr eth ew Chaiclihfo rwniaa sw eabp spirteo ved County Library or the California web site http://www.dmv. http://w3w0w .dmlovc.caat.igoonvs/p ubws/hvicctho p/vscu/vpcp.hotmrted 25 based on engineering and traffic surveys action, has established speed limits on on July 21, 2009. From survey to ca.gov/pubs/vctop/vc/vc.htm changes in speed limits. The RMA failed completed in 2008, have created “speed designated streets and highway ordinance adoption, the speed limit traps” through out the County. segments. If the results of a new change took less than two months. TØhi s 74 engineering and traffic study do not 3 See chwaarts a t tehned oof nthlyis rcehpaornt.ge made based on 4California Vehicle Code sections 22348 through There is an appearance of preferential support an existing speed limit, a speed either the 2008 or 2009 engineering 22413, in the Tulare County Library or the California treatment concerning the Plainview speed limit adjustment that is consistent with web site a nd traffic surveys. limit change. It was the only change made of the study is recommended. CVC Section ht tp://www.dmv.ca.gov/pubs/vctop/vc/vc.htm 627 of the CVC requires the 6. Numerous requests in the form of consideration of all the following for the letters, visits and phone calls by the posting of speed limit: 1) prevailing Grand Jury for the “most recent” speeds as determined by traffic engineering and traffic surveys were not engineering measurements; 2) accident honored by the Traffic Division of the reports; and 3) highway, traffic and RMA. Only outdated information was roadside conditions not readily apparent provided initially. to the driver. In addition to these factors, local authorities may consider CONCLUSIONS residential density, pedestrian and bicycle safety as well.” This investigation was hindered by the lack of cooperation on the part of the Traffic Division
F4:
In 2009, engineering and traffic surveys bicycle safety as well.” This investigation was hindered by the lack of
Recomendaciones adicionales
4
No vinculadas a hallazgos específicos.
R1:
Adopt and implement a policy of attendance review that provides Tulare County Board of Supervisor consequences. Example: after a District Five, Mike Ennis Commissioner has been late and/or missed a given number of meetings replace that Commissioner.
R2:
Prohibit the use of cellular phones, pagers or any other communication device during meetings, by the commissioners.
R3:
Adhere to the meeting schedule and agenda.
R4:
Consider adopting term limits. 73 × TULARE COUNTY GRAND JURY REPORT 2009-2010 SPEED TRAPS IN TULARE COUNTY
Hallazgos & Recomendaciones
5 hallazgos
F1:
Currently, there is an ordinance in misleading. place that authorizes the County to levy and collect TOT on hundreds of
F5:
Some verbiage used in the Tulare private homes, town homes, County TOT ordinance is open for condominiums, cabins and rooms in interpretation leaving the opportunity private homes3, which are rented, to for Owner/Agents of person(s) or groups4 for 30 accommodations for rent to evade consecutive days or less. collecting the TOT and paying it to the County. See the California Revenue and Taxation Code 7280 at the end of this report. 6. The August 2008 revision of the TOT 2 See the Tulare County Transient Occupancy Tax ordinance still has at least three (TOT) ordinance § 1-05-1345 through 1445 at the areas of ambiguity. end of this report. Tulare County TOT ordinance 1-05-1355 (b) 4 Tulare County TOT ordinance 1-05-1355 (a) 23 × TULARE COUNTY GRAND JURY REPORT 2009-2010 a. The ordinance fails to define 12. On October 27, 2009, the County Tax clearly, which types of rental Collector advised the BOS that a draft accommodations are subject to of a revised TOT ordinance would be being taxed under the ordinance. before the BOS in January 2010. b. The ordinance fails to define clearly, what constitutes a day. CONCLUSIONS c. The ordinance fails to address partial day rental. It is the opinion of the Grand Jury that the ambiguity of the Tulare County TOT
F7:
Vagueness in the County’s TOT ordinance caused not only the loss stated ordinance has resulted in a lack of in finding number eleven (11) but other accountability of some Owner/Agents TOT losses as well. The Grand Jury also who rent lodgings for 30 days or less believes that in at least one incident the causing the County to incur a loss of Owner/Agent absolutely did owe the TOT tax revenue. applied by the County Tax Collector. If we are going to live by the “letter of the law”
F8:
Presently, the County Tax Collector and not necessarily by its intent, the utilizes a contracted investigator to ordinance writers need to better align the locate Owner/Agents who do not verbiage of the law and the goal. comply with the current TOT ordinance. This investigator has The County will continue to have difficulty brought about the recovery of enforcing the TOT until changes are made $34,622.66 in TOT plus fees and in the language of the ordinance. The penalties from delinquent County will also continue having Owner/Agents. difficulties until all staff in all concerned agencies are briefed on the ordinance and
F9:
When it is discovered that lodgings its language. for rent do not comply with the TOT ordinance, the County Tax Collector
Recomendaciones adicionales
4
No vinculadas a hallazgos específicos.
R1:
Rewrite the TOT ordinance to the Owner/Agent is required to pay. eliminate any possibility of ambiguity or confusion
R2:
Register and inspect all properties it was changed. Follow up on staff that are subject to the TOT ordinance. briefings at a minimum of every three years and/or as changes are made to the ordinance. e. Refer all questions regarding the TOT from any agency and/or the public to the County Tax Collector.
R10:
If the Owner/Agent disagrees with i.e. “occasionally and incidentally”5 on the the County Tax Collector, the part of the Owner/Agent (proprietor Owner/Agent may appeal to the BOS. /taxpayer) before the end of the fiscal year 2009 -2010.
R11:
In the last few months, there have a. Impose the TOT on any rental that been at least two appeals to the BOS. is less than 30 consecutive days The BOS upheld both of these to the same renter for the same appeals (one fully and one in part), property. resulting in the loss of tax revenue to the County of approximately $9,000 b. Clarify what constitutes a full day due to the vagueness of the TOT and what the obligation is for any ordinance. partial day use. Tulare County TOT § 1-05-1355 (b). Ø 24 TULARE COUNTY GRAND JURY REPORT 2009-2010 c. Put in place fines and penalties in f. Inform as many Owner/Agents as an amount that will discourage possible on the TOT ordinance and non-compliance with the the changes made to the ordinance. ordinance. g. Print a public notice in all available d. Once the new ordinance is in news sources regarding TOT place and enforceable, brief all changes. staff in all concerned agencies on the new language and the reason
Vista rápida
Detalles completos →
Hallazgos & Recomendaciones
9 hallazgos
F1:
Board meetings were not held as class offered in November 2009. required by California Government Code Section 61044, at least one per
F2:
Minutes of some 2008 through 2010 Board meetings were not recorded,
F3:
Several Board meetings were entirely closed to the public and did not allow
F5:
Board Members address the public only when recognized by the Chairman. This impoverished community has three Districts and a Joint Powers Authority that
F6:
Use a job selection process that ensures must fill their Boards with citizens from within a qualified person is placed in all the service area. A community this small is positions. Promote office staff to unlikely to have enough people with the time, management only when definite interest and experience to function as knowledge, skills and abilities to fill that qualified board members. It appears that the position are demonstrated. needs of the community would be better served by a consolidation to a Public Utilities
F7:
No one other than the Executive District or a Community Service District as Director involve themselves in the day to permitted by law. day operations or management of the Alpaugh JPA. Because Board meetings are not controlled, business cannot be conducted in an orderly
F8:
Amend the By-Laws of the Alpaugh JPA and expeditious manner. This condition is and the Joint Exercise of Powers aggravated by the polarization of the Board. Agreement to appoint an Executive Director only in the absence of a The Alpaugh JPA Board of Directors appear to Manager. have no knowledge of the Joint Exercise of Powers Agreement, the By-Laws or any
F9:
Keep personnel files up to date in a California Government Codes that relate to secure location and provide a written the administration of Special Districts. performance evaluation at least every two years. The over vigilance of staff and yelling at employees created a stressful and hostile
F10:
Comply with Senate Bill 343, which workplace. became law on July 1, 2008, by posting the following notice on the agenda:
Recomendaciones adicionales
6
No vinculadas a hallazgos específicos.
R1:
Read and adhere to the By-Laws of the Alpaugh Joint Powers Authority within 72 Alpaugh JPA and the Joint Exercise of hours before it is to consider the item at Powers Agreement and resolve any its regularly scheduled meeting will be conflicts in these documents. made available for public inspection at 5516 Tule Rd. Alpaugh, Ca. during
R2:
Alpaugh JPA conduct all meetings within normal business hours.” the guidelines of Robert’s Rules of Order.
R3:
Allow a designated public comment time initiated by the Tulare County Board of as required by the Ralph M. Brown Act. Supervisors facilitated by County 83 × TULARE COUNTY GRAND JURY REPORT 2009-2010 Counsel and other local attorneys for all governing board members).
R11:
All Board Members attend the County Government 101 course. (A training
R12:
The Alpaugh JPA Board and management strictly adhere to the Employee Handbook and all State and Federal guidelines covering sexual harassment.
R13:
Rewrite the Employee Handbook and amend the Alpaugh JPA By-Laws to include procedures requiring all employees, managers and Board Members to immediately report any incident of sexual harassment. This requirement would then trigger a mandatory investigation by the Manager and/or the Board of Directors and the results of this investigation be documented and kept on file.
Vista rápida
Detalles completos →
Hallazgos & Recomendaciones
2 hallazgos
F1:
Initial Interviews indicated: branch forever. Books may be a. Staff is helpful and polite. assigned or transferred to other b. Staff is trained when hired but branches as needed, or they may be receive no refresher training. discarded. c. The decision to accept donated Gift items to be considered for adding books is delegated to the branch to the collection must meet the library staff. following criteria: 21 × TULARE COUNTY GRAND JURY REPORT 2009-2010 They must be in like-new condition. TThheeyy mmuusstt bneo int lbikee -mneisws icnogn dthiteio nd.u st CONCLUSIONS jTahcekye tm. ust not be missing the dust CONCLUSIONS Tjahcekye tm. ust be free of stains, torn or T he County Library System is a well run lTohoesye muspta bgee sf,r ee hofig shtlaigihntsi,n gto rn oorr oThrgea nCiozautniotyn Laibnrda ryt hSey stsetamff isi sa gweenlel rraullny ulonodseer lininpga, gesp,e rsohniaglh lignhatimnge s oorr coorguartneizoautsio, n knaonwd letdhgee asbtlaef f ains d gehneelprafullly. buonodkeprlliantiensg,, ypeellorswoenda l orn aymeellso winogr Tcohuer teboouosk, kdnoonwalteiodng eapboleli cya nids hseolupnfudl.. pbaoogeksp.l ates, yellowed or yellowing HThoew evbeoro ko n doonnea tioonc capsoiolinc,y beisc aussoeu nodf. Tphaegye sc.a nnot be book club editions. cHoonwfeuvseiorn ,o nt heo nep oloiccyc aswioans , nboetc aaupspel ieodf TGhieftys cfaronmno tF briee nbdoso kg rcoluubp se daintido nost.h er ccoornrfeucstiloyn. , the policy was not applied oGrigftasn ifzraotmio nFsr iemnduss tg robuep sc laenadre odt heinr correctly. aordgvaanniczea twioinths thme uCsotu nbtey Licblreaarriaend. in R ECOMMENDATIONS Aadll vgaifntc seu wbistchr itphteio Cnosu mntuys Lt ibbrea rcilaena.r ed RECOMMENDATIONS iAnll agdifvta snucbes wcritipht tiohnes C mouunstty bLeib craleraiarne.d 1 . Continue to train new hires on Library Tinh ae dvCaonucnet yw iLthib trhaeri aCno unmtay yL ibarpapriraonv.e 1. pCoolnictiineus.e to train new hires on Library tThhee Cinoculnutsyi oLni braorfi anb omoakpy laatpesp rovine policies. sthigen ificinacnlut siond onoaft ionbso,o kpliantcelsu dining 2 . Develop a plan for refresher training msigenmifoicraianl tg iftsd oorn mataiotenrsi,a ls eisnpcelucdiainllgy 2. tDoe ivneclloupd ea aplll apno lfiocire rse afrneds hperro cteradiunrinegs smeelemcoterida lo gr ipftusr cohr amseadte froiarl sth ees lpibercaiaryll.y” wtoi tihnicnl uthdee Lailbl rpaorlyi csiyesst eamnd. procedures se lected or purchased for the library.” within the Library system. 3 . Fo llow-up interviews indicated: 3 . Train all volunteers in Library Policies.
F3:
Fao.lSlotwaf-fu spe ienmteervdi etwo sb ein mdiocarete fda:m iliar 3. Train all volunteers in Library Policies. a. wStiathff t sheee gmifet db otoo kb ep omlicoyr.e familiar R EQUIRED RESPONSES b. Owniteh bthraen gcifht ibnodoicka pteodlic tyh.a t staff or REQUIRED RESPONSES b. FOrnieen bdrsa nocf hth ien dLiicbaraterdy cthhaetc ks tfaofrf or T ulare County Librarian cForinetnednst oafn tdh em Laikbera drey ccihsieocnks foonr Tulare County Librarian wcohnictehn bt oaonkds mtoa kkeee dpe. cisions on which books to keep. Ø 22
Recomendaciones adicionales
1
No vinculadas a hallazgos específicos.
R3:
Fao.lSlotwaf-fu spe ienmteervdi etwo sb ein mdiocarete fda:m iliar 3. Train all volunteers in Library Policies. a. wStiathff t sheee gmifet db otoo kb ep omlicoyr.e familiar R EQUIRED RESPONSES b. Owniteh bthraen gcifht ibnodoicka pteodlic tyh.a t staff or REQUIRED RESPONSES b. FOrnieen bdrsa nocf hth ien dLiicbaraterdy cthhaetc ks tfaofrf or T ulare County Librarian cForinetnednst oafn tdh em Laikbera drey ccihsieocnks foonr Tulare County Librarian wcohnictehn bt oaonkds mtoa kkeee dpe. cisions on which books to keep. Ø 22
Hallazgos & Recomendaciones
4 hallazgos
F1:
Funds allocated for repairs of the structural integrity of the site’s buildings Alpaugh School Buildings (School) are has been compromised due the alkali not being adequately utilized. intrusion.; The septic system is antiquated. In rainy weather, the
F2:
The following conditions were observed system flows back, creating puddles of on the December 2009 visit: sewage on the playground causing an a. School corridor ceilings falling immediate health danger to students.” down, with the worse areas being fenced off.
F4:
The Alpaugh School Administration b. Standing water, green with algae in placed on their website (hosted by the several places. Tulare County Office of Education) the c. Newly painted outside walls following: cracking and peeling. “Our school is in good repair, according d. Restrooms with cracks in the cement floors. 1The Williams Settlement Compliance Findings are generated by the Office of Public School Construction. 45 × TULARE COUNTY GRAND JURY REPORT 2009-2010 to the criteria established by the Office 5. Provide the public with accurate of Public School Construction. Our information relative to the existing deficiencies are minor ones resulting conditions of school buildings, from common wear and tear, and there playgrounds, classrooms and overall are few of them. We scored between facilities ratings. 90 and 99 percent on the 15 categories of our evaluation.” 6. Post Uniform Complaint Procedures in every classroom and areas accessible to
F5:
The Uniform Complaint Form was not the public as required by law. posted in all classrooms and public areas as required by California REQUIRED RESPONSES Education Code Section 35186. Alpaugh Unified School District CONCLUSIONS Tulare County Board o f Education The appalling conditions at the Alpaugh School are detrimental to the learning environment of students and the working environment of staff. The hazardous conditions at the School did not occur over night. The with-holding of designated maintenance funds, by the Administrative staff, to correct known unsafe and unhealthy conditions has exposed students and staff needlessly.
Recomendaciones adicionales
4
No vinculadas a hallazgos específicos.
R1:
Use funds delegated for school building repairs to repair the school buildings.
R2:
Hire a licensed contractor to repair corridors, cracked walls, restrooms and any other areas that need repair or replacement.
R3:
Keep up with building repairs as they appear and do not let them go for years when it is almost impossible to repair.
R4:
Contact a California Occupational Safety and Health Administration (Cal/OSHA) Consultant Branch for assistance in correcting identified unsafe and unhealthful conditions. Ø 46
Hallazgos & Recomendaciones
11 hallazgos
F1:
The MOU states in Section F (2), “Modifications within the scope of the instrument shall be made by mutual consent of the parties, by the issuance of a written modification, signed and dated by all parties, prior to any changes being performed.”
F2:
TMSC established an “escrow account” with a local Tulare bank. The account was established to reimburse the costs paid by the City of Tulare for the TMSC Environmental Impact Report (EIR).
F3:
The monies in this account were encumbered by the following agreed upon conditions: "1) Funds on deposit may not be withdrawn by TMSC from the account prior to certification of the TMSC Environmental Impact Report; 2) The City of Tulare is authorized to withdraw funds from account # XXXX, based upon; a. the withdraw or cancellation of the TMSC applications for entitlements for the development of the TMSC racetrack project and the failure of TMSC to pay City’s demand for costs to process the TMSC project: or b. a material breach by TMSC of the terms of the Agreement with the City of Tulare regarding the costs for the Environmental Report for the TMSC project. T U L A R E C O U N T Y G R A N D J U RY R E P O R T 2 0 0 9 - 2 0 1 0 Ø 78 The foregoing instructions may only be amended in writing by TMSC and the approval by the City of Tulare.”
F4:
The “escrow account” instructions were amended as follows on December 29, 2008: “TMSC shall not withdraw the funds on deposit without the prior written consent of the City of Tulare or upon agreement for payment of the EIR fees and costs with the City of Tulare.”
F5:
On Friday, February 6, 2009, late in the afternoon, a TMSC representative brought funds transfer documents to the Fresno airport, where they were signed by a City Councilman. The documents authorized the transfer of funds from the local Tulare bank to a bank in Fresno.
F6:
A fax was sent to the local Tulare bank with an electronic signature from the City Manager for the release of the funds to the bank in Fresno.
F7:
The “escrow account” instructions did not follow the funds transfer; therefore the funds moved from the bank in Tulare to the bank in Fresno are no longer protected. The City lost control of these funds.
F8:
The City of Tulare does not have a copy of the signed February 6, 2009 document.
F9:
The entire City Council was not fully informed or aware of the funds transfer to the Fresno bank prior to June 2009.
F10:
The City Council did not vote to approve the transfer of funds from the local Tulare bank to the bank in Fresno.
F11:
Tulare does not have an ordinance which addresses the movement of large sums of money without full City Council approval.
Recomendaciones adicionales
3
No vinculadas a hallazgos específicos.
R1:
Take steps to be transparent in order to avoid Brown Act violations or the appearance thereof.
R2:
Adopt rules or ordinances that cover the movement of large sums of money similar to Government Code sections 36935 (rulings for payment) and 36936 (requirement of vote).
R3:
Thoroughly evaluate all potential risks, terms and conditions prior to entering into any project of this magnitude and follow Government Code section 66000.
Hallazgos & Recomendaciones
12 hallazgos
F1:
A request was made to review random foster care case files, which was denie per Welfare and Institutions Code Sections 827 and 10850. .
F2:
A request was made to ride along with CWS Social Worker to observe living conditions and caseworker interaction with foster parents and foster children which was denied per Welfare and Institutions Code Section 827 and
F3:
A request was made to attend juvenile court hearings dealing with custody issues, which was denied per Welfare and Institutions Code Section 827 and 10850.
F4:
CWS guidelines require monthly visits by caseworkers. This requirement was not met in all cases. Some cases went up to six months or longer without a visit by a Social Worker.
F5:
Mental health evaluations are not routinely performed prior to placing a child in a foster care home.
F6:
Visits to birth parents are often traumatic to the foster children resulting in disruptive behavior by the children.
F7:
There is little or no instruction given to emancipated youth, by Social Workers, on how to access medical services, social security, or monies for education.
F8:
On some occasions children are allowed to interview and help select their own foster parents.
F9:
CASA provides effective advocacy for foster care children.
F10:
Cuts to the State budget have resulted in the Independent Living Program (ILP) being eliminated.
F11:
The ILP provided instruction to foster children to prepare them for self- sufficiency. It included instruction in: a. furthering their education, b. daily living skills, c. seeking employment and d. financial literacy (including budgeting and maintaining bank accounts).
F12:
The ILP was very beneficial to the success of foster children becoming productive members of society.
Recomendaciones adicionales
6
No vinculadas a hallazgos específicos.
R1:
Perform mental health evaluations for all foster care children prior to placement.
R2:
Conduct foster care home visits monthly.
R3:
Conduct unannounced visits to foster care homes on a regular basis.
R4:
Prepare foster children for emancipation with more detailed information on the skills needed to succeed in life. Something more than just a brochure.
R5:
Utilize CASA services whenever a need is indicated.
R6:
Provide the Grand Jury with access to foster care records to monitor the performance of Social Workers and T U L A R E C O U N T Y G R A N D J U RY R E P O R T 2 0 0 9 - 2 0 1 0 Ø 52 ensure the health and safety of the children in foster care.
Vista rápida
Detalles completos →
Hallazgos & Recomendaciones
13 hallazgos
F1:
A teacher, after accusations of verbal registered voter and not legally and physical abuse of students, was disqualified from holding civil office. placed on paid administrative leave (Education Code 35107)” which lasted over two years.
F2:
The Board decided that placing the the District since 2007 and has teacher on paid administrative leave continued to serve on the Board. was less costly than the anticipated legal action if the teacher was
F5:
Board Members read all agenda An apparent typographical error in the packets prior to the start of Board Parent/Student Handbook would not meetings. seem to be important, except when 200 or more parents want to file a complaint. 6. Board independently review and This could lead to complaint forms not evaluate all legitimate complaints being completed and serious problems submitted to the Board. not being reported.
F7:
One Board Member has lived outside
F8:
The above Board Member’s vote was dismissed. the deciding vote necessary to hire 47 × TULARE COUNTY GRAND JURY REPORT 2009-2010 the current Superintendent on paid leave for the remainder of the February 16, 2010 for the 2010- school year. 2011 school year.
F9:
Board Members, employees and on April 13, 2010 containing 253 consultants who participate in the signatures requesting the removal of government decision-making the Superintendent/Principal for process are prohibited from making a harassing, bullying and threatening contract in which they are members of the community and financially interested, pursuant to teachers who are afraid to come Government Code Section 1090. forward for fear of reprisal.
F10:
Several Board Members had not read 16. This petition was delivered to the the contracts between the School Board on April 13, 2010 and was not District and Superintendent/Principal read by any Board Member. before or after approving them. None of the Board Members were aware of 17. On February 16, 2010 the the terms and conditions of these Superintendent recommended the contracts including salary, leave and Vice-Principal be hired as the new retirement benefits. Superintendent/Principal for the 2010-2011 school year. The Board
F11:
The Woodville Union School District took immediate action that evening Parent Handbook contains a Parent on this recommendation and voted to Complaint Form with completion hire the Vice-Principal without any instructions to be found on a knowledge of the terms and particular page. These instructions conditions of the employment are not found on the page number agreement. indicated in the Parent/Student Handbook; however they are on a 18. Some Board Members have never different page. attended school board training. Others have not attended training for
F12:
In 2004, a Superintendent was hired over 20 years. and his wife was hired as Principal.
F13:
In 2008, the Superintendent retired altered was not found. and recommended to the Board that his wife assume his Superintendent 20. California Education Code Sections duties as well as her duties as 52852, 52852.5 and 62002.5 Principal in 2009. The Board require schools to have an elected complied with the recommendation School Site Council. There is no data and hired her without posting a job to support the existence of a School opening. Site Council.
F14:
On April 9, 2010, the CONCLUSIONS Superintendent/Principal submitted her resignation papers, requesting Although the School Board of Trustees are elected by the registered voters within Ø 48 TULARE COUNTY GRAND JURY REPORT 2009-2010 Woodville School District and given the 3. Board Members read and adhere to responsibility for ensuring accountability the Board By-Laws and operating to the local community, the evidence procedures. shows otherwise. The Board Members have not fulfilled their required 4. Establish a School Site Council as responsibilities. They appear to be a required by California Education rubber stamp used by the two prior school Code. Superintendents.
F15:
A petition was submitted to the Board
F19:
Evidence of STAR test scores being