Tulare County Grand Jury
2014-2015
From the annual report
The consolidated year-end volume. The individual investigations it contains are listed separately below.
📑 Year-End Report
The full consolidated volume; individual reports are listed below.
Individual reports (25)
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Findings & Recommendations
4 findings
F1:
With the given limitations of a rural setting, riders can still transfer between various transit systems and services with a reasonable amount of effort. 33
F2:
As a whole, the transit system within Tulare County is providing fundamental transportation service for its citizens. The majority of transit users are able to move about within the county with a reasonable level of service. For citizens who do not own or drive a vehicle, public transit within Tulare County is a necessity for their commuting needs.
F3:
Because of the rural nature and lower levels of ridership in many locations, the public transit system does not provide comprehensive fixed-route service for the entire county. Dial-A-Ride provides a reasonable stop-gap for those not served with a fixed-route within close proximity. Reasonable expansion of the system as demand increases is expected.
F4:
Due to variables in traffic and rider demand, it is not always possible to arrive as scheduled. As per transit staff, due to riders setting their schedules based on bus arrivals, riders may miss their bus if it arrives and leaves earlier than published schedule.
Additional Recommendations
5
Not linked to specific findings.
R1:
TCAT may consider revisions in rural schedules so as not to exclude certain south county unincorporated communities. REQUIRED RESPONSES: 1. Tulare County Association /of Governments 2. Tulare County Area Transit 3. Visalia Transit
R2:
All elected/appointed members of Tulare County special districts, school boards, planning commissions, etc. participate in Tulare County Counsel’s annual board training.
R3:
The eight incorporated cities in Tulare County convey the findings of this report to all public boards within their jurisdiction.
R4:
Tulare County Local Agency Formation Commission (LAFCO) convey the findings of this report to all the agencies within their jurisdiction.
R5:
Tulare County Office of Education (TCOE) convey the findings of this report to all the school districts within their jurisdiction. REQUIRED RESPONSES: 1. Local Agency Formation Commission (LAFCO) 2. Tulare County Office of Education (TCOE) 3. Eight incorporated cities in Tulare County; a. Dinuba City Council, b. Exeter City Council c. Farmersville City Council d. Lindsay City Council e. Porterville City Council f. Tulare City Council g. Visalia City Council h. Woodlake City Council 36 4. Board of Supervisors
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Findings & Recommendations
8 findings
F1:
Some school districts do not have alternative programs in place to recover revenues for student absences.
Related Recommendations (1)
R1:
The Office of the District Attorney develop an action plan to educate students and inform parents of resources and the consequences parents face if they violate California Truancy Laws.
F2:
School districts are not closely monitoring and analyzing attendance data for cause and effects.
Related Recommendations (1)
R2:
The Office of the District Attorney participate in the school district SARB and court level mediation process.
F3:
Not all school districts provide a monthly attendance report to their Boards of Trustees.
Related Recommendations (1)
R3:
The Office of the District Attorney consistently use their authority and discretion to increase pressure on parents/guardians to fulfill their legal obligations related to school attendance.
F4:
Nearly all school districts are not including Probation and Office of the District Attorney staff in their SARB Committee meetings.
Related Recommendations (1)
R4:
The Office of the District Attorney implement AB 2141 to provide information to school officials of the outcomes of truancy related referrals.
F5:
Research indicates that the negative impacts of truancy falls on disadvantaged children disproportionately. This worsens the problem to Tulare County schools in light of the socio-economic conditions existing throughout the County.
Related Recommendations (1)
R5:
School districts develop alternative programs for recovering lost student attendance revenues.
F6:
Several schools the Grand Jury visited are in the process of completing their LCAP goals and action plans.
Related Recommendations (1)
R6:
School districts monitor and analyze student attendance data on a monthly basis to determine cause and effect. 1
F7:
One school district had a truant student that missed in excess of 300 days in a three year time period, grades 6 - 8.
Related Recommendations (1)
R7:
School districts provide all School Board Trustees with a Monthly Attendance Report.
F59:
737-4378 We extend our gratitude to the Tulare County Grand Jury for their diligent efforts in compiling these reports. Our responses to your recommendations include Human Resources information gained through extensive research. (559) 733-6306 fax (559) 627-4670 If I can be of further assistance, please feel free to contact me. Sincerely, Instructional Services (559) 733-6328 fax (559) 737-4378 Jim Vidak Tulare County Superintendent of Schools Special Services (559) 730-2910 JV:mm fax (559) 730-2511 Enclosure May 12, 2015 The Honorable Judge S. Mooney Boulevard County Civic Center, Room 303 Visalia CA 93277 221 S. Mooney Boulevard Visalia CA 93291 Tulare County Board of Supervisors 2800 W. Burrel Ave Visalia CA 93291 Written Response of the Tulare County Office of Education pursuant to Subject: California Penal Code § 933(c) Report Name: $21 Million Lost to County Schools FINDINGS F1. Some school districts do not have alternative programs in place to recover revenues for student absences. Response: The Tulare County Office of Education and County Superintendent of Schools agree with this finding. F2. School districts are not closely monitoring and analyzing attendance data for cause and effects. Response: The Tulare County Office of Education and County Superintendent of Schools agree with this finding. F3. Not all school districts provide a monthly attendance report to their Boards of Trustees. Response: The Tulare County Office of Education and County Superintendent of Schools agree with this finding. F4. Nearly all school districts are not including Probation and Office of the District Attorney staff in their SARB Committee meetings. Response: The Tulare County Office of Education and County Superintendent of Schools agree with this finding. F5. Research indicates that the negative impacts of truancy falls on disadvantaged children disproportionately. This worsens the problem to Tulare County schools in light of the socio-economic conditions existing throughout the County. Response: The Tulare County Office of Education and County Superintendent of Schools agree with this finding. F6. Several schools the Grand Jury visited are in the process of completing their LCAP goals and action plans. Response: The Tulare County Office of Education and County Superintendent of Schools agree with this finding. F7. One school district had a truant student that missed in excess of 300 days in a three year time period, grades 6 - 8. Response: The Tulare County Office of Education and County Superintendent of Schools agree with this finding.
Additional Recommendations
2
Not linked to specific findings.
R8:
School districts upgrade their SARB Committee to include Probation and Office of the District Attorney staff members.
R9:
School districts design and implement additional programs to communicate to the community that school attendance is critical to the school and students success. REQUIRED RESPONSES: 1. Office of the District Attorney 2. Tulare County Superintendent of Schools
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Findings & Recommendations
2 findings
F1:
The City's contract administration and compliance monitoring relative to the lessee's adherence to the provisions of the lease as well as the lessee's compliance with the requirements of the "Bio-solids Management Plan," displayed confusion and/or misunderstanding on the part of staff as to which City Departments had primary responsibility for the timing and collection of lease payments.
Related Recommendations (1)
R1:
The City implement a revised comprehensive performance evaluation process wherein the lessee(s) are more closely monitored.
F2:
Although there was no misunderstanding as to which City Department has responsibility for monitoring compliance with the BMP, there are acknowledged shortcomings to the development and maintenance of schedules for performance reviews and the documentation thereof.
Related Recommendations (1)
R2:
The City define and implement detailed accounts receivable policies and procedures. REQUIRED RESPONSES: 1. City of Porterville
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Findings & Recommendations
3 findings
F1:
For fiscal years 2010-2013, First 5 Tulare County did not include Innovation Grants or Capital Project Grants on the Local Annual Report, but they were included on the Financial Statements.
Related Recommendations (1)
R1:
First 5 Tulare County be more transparent in the areas of reporting all Programs and Grants within the Local Annual Report.
F2:
For fiscal years 2010-2013, First 5 Tulare County consistently had errors on the Program Reports within the Local Annual Report.
Related Recommendations (1)
R2:
First 5 Tulare County officers and managers have additional training in reviewing and verifying reports before distribution to the public.
F3:
For fiscal years 2010-2013, First 5 Tulare County Program Report Interpretations on the Local Annual Report were not consistent leading to errors in the Cost per Client.
Related Recommendations (1)
R3:
First 5 Tulare County Program Officers have additional training in report writing for consistent Interpretations on the Program Reports.
Additional Recommendations
1
Not linked to specific findings.
R4:
First 5 Tulare County create a check list for verifying information between Financial Statements and Local Annual Report to prevent errors before distribution to the public. REQUIRED RESPONSES: 1. First 5 Tulare County 2. Tulare County Board of Supervisors
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Findings & Recommendations
5 findings
F1:
The biggest challenge to the operation of a landfill is containment, i.e. causing problems with the environment. Rates of Decomposition for Various Forms of Wastes 2-5 months Paper Orange Peels 6 months Milk Cartons 5 years Filter Tip Cigarettes 10-12 years Plastic Bags 10-20 years Leather Shoes 25-40 years Plastic Containers 50-80 years Disposable Diapers 75 years Tin Cans 100 years Aluminum Cans 200-500 years Styrofoam NEVER
F2:
Determining a landfill location requires an environmental impact study at the site. It can take up to twenty years and cost in excess of $15,000,000.00 before a landfill can be authorized or operational.
F3:
Recycling programs are in place at both Teapot Dome and Visalia Landfills. Recycling programs include wood and yard waste, tires, construction and demolition debris, metal, and appliances and, as of January 1, 2015, mattresses.
F4:
In place are constant measures to monitor for methane, ground water and any pollutants that may leak from the landfills. These systems are mandated by state, federal and county laws which are in place forever.
F5:
Equipment such as a new Caterpillar D-7 Dozer costs $800,000.00. This dozer is used for pushing, spreading, compacting waste and deploying Alternative Cover (ADC) Tarps (ADC reduces the amount of soil necessary for cover by use of tarps). RECOMMENDATIONS: None REQUIRED RESPONSES: 1. Solid Waste Department Disclaimer Grand Jury reports are based on documentary evidence and the testimony of sworn or admonished witnesses, not on conjecture or opinion. However, the Grand Jury is precluded by law from disclosing such evidence except upon specific approval of the Presiding Judge of the Superior Court, or another judge appointed by the Presiding Judge (Penal Code Section 911, 924.1 (a) and 929). Similarly, the Grand Jury is precluded by law from disclosing the identity of witnesses except upon an order of the court for narrowly defined purposes (Penal Code Section 924.2 and 929). COUNTY OF TULARE SOLID WASTE DEPARTMENT Phone: 559-624-7195 5955 S. Mooney Blvd. Fax: 559-624-1041 Visalia, CA 93277 BRYCE HOWARD, DIRECTOR March 26, 2015 The Honorable Judge Hillman County Civic Center, Room 303 221 S. Mooney Blvd. Visalia, CA 93291 S. Mooney Blvd. Visalia, CA 93277 Tulare County Board of Supervisors 2800 W. Burrell Ave. Visalia, CA 93291 RE: Department Response to 2014/2015 Tulare County Grand Jury Report, "Landfills – Technology of Waste Disposal" Dear Sirs and Madams, The Tulare County Solid Waste Department is pleased to have had the opportunity meet with members of the Tulare County Grand Jury at the County landfills and provide information for the preparation of their 2014/2015 report entitled, "Landfills - Technology of Waste Disposal." The Solid Waste Department has reviewed the final report and agrees with the findings presented with the exception of Finding F.3. The finding states incorrectly that mattress recycling began on January 1, 2015. The mattress recycling program began at the landfills on March 1, 2015. If I can be of any further assistance, please do not hesitate to contact me at (559)747-4907. Yours very truly, Bryce Howard, Director Solid Waste Department cc: Jean Rousseau, County Administrative Officer
Additional Recommendations
2
Not linked to specific findings.
R25-40:
years Plastic Containers
R50-80:
years Disposable Diapers 75 years Tin Cans 100 years Aluminum Cans 200-500 years Styrofoam NEVER F.2. Determining a landfill location requires an environmental impact study at the site. It can take up to twenty years and cost in excess of $15,000,000.00 before a landfill can be authorized or operational. F.3. Recycling programs are in place at both Teapot Dome and Visalia Landfills. Recycling programs include wood and yard waste, tires, construction and demolition debris, metal, and appliances and, as of January 1, 2015, mattresses. F.4. In place are constant measures to monitor for methane, ground water and any pollutants that may leak from the landfills. These systems are mandated by state, federal and county laws which are in place forever. F.5. Equipment such as a new Caterpillar D-7 Dozer costs $800,000.00. This dozer is used for pushing, spreading, compacting waste and deploying Alternative Cover (ADC) Tarps (ADC reduces the amount of soil necessary for cover by use of tarps). RECOMMENDATIONS:
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Findings & Recommendations
8 findings
F1:
There have been a number of activities (e.g. dances, concessions, etc.) tried in the park that have failed to generate adequate funds to continue their operations.
F2:
The current drought has created an environmental impact to the park.
F3:
The tree species diversity has increased. County Officials wish to make the park trees more of an arboretum with species labeled, as opposed to an oak preserve.
F4:
Based on the Mooney Grove Park 20-Year Master Plan, new Valley Oak trees are to be planted away from the heavily used areas. County Officials are concerned about the potential dangers of heavy oak limbs.
Related Recommendations (1)
R1:
There should be more emphasis in planting Valley Oaks in the park.
F5:
Also addressed in the Mooney Grove Park 20-Year Master Plan, animals pose a problem with respect to the cleanliness of the sidewalks, tables, and benches.
Related Recommendations (1)
R3:
The County should establish the optimum number of animals in the park, balancing Federal and State rules and the needs of the public for a healthy park environment.
F6:
Park fees, (entrance and arbor) only pay for part of the costs to operate the park; the rest is general funded. Entrance fees are collected only on Fridays, Saturdays, and Sundays.
F7:
There are currently a number of proposals for changes in Mooney Grove Park.
F8:
Presently, there are no food concessions or amusement rides within the park or museums.
Related Recommendations (1)
R4:
Mobile vendors could be contracted to drive through the park to sell wares to give the public an opportunity to buy.
Additional Recommendations
2
Not linked to specific findings.
R2:
The County should try to increase public awareness that the park is there and what the park offers.
R5:
Increase marketing of the park for special events. REQUIRED RESPONSES: 1. Board of Supervisors 2. Tulare County General Services 3. Tulare County Department of Parks and Recreation
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Findings & Recommendations
1 findings
F1:
The (60) day initial evaluation process of students having special education needs may be overly lengthy. Response: The Tulare County Office of Education and County Superintendent of Schools agree with this finding.
Related Recommendations (1)
R1:
The time consumed by the initial evaluation process should be reduced. REQUIRED RESPONSES: 1. Tulare County Office of Education 2. Lindsay Unified School District 3. Cutler-Orosi Unified School District 4. Tulare City School District 5. Dinuba Unified School District 6. Exeter Unified School District 7. Strathmore Elementary School District 🗸 8. Three Rivers Elementary School District
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Findings & Recommendations
5 findings
F1:
The majority of teen pregnancies in Tulare County are occurring with mothers 18-19 years of age. While still included in teen demographics, this age group is also considered adults.
F2:
While having a significantly higher rate than the state average, teen pregnancy rates have been steadily dropping in Tulare County.
F3:
The HHSA has numerous programs in place for pregnant teens and teen mothers. The majority of these programs assist teens after they are pregnant. Less focus was apparent in teen pregnancy prevention.
F4:
Although it may be difficult to prove a direct link, it is widely recognized that economic inequality, social marginalization and other structural factors affect teens' sexual behavior patterns. How these behaviors are linked with teens' race or ethnicity, educational achievements or family income is difficult to prove.
F5:
There was a wide disparity in race and ethnicity, with rates among both African Americans and Hispanic teens remaining twice as high as among other ethnic groups. f \rightarrow
Additional Recommendations
2
Not linked to specific findings.
R1:
Increased coordination between public agencies within Tulare County involved with the teen pregnancy issue.
R2:
School Districts increase outreach for educating parents on more direct participation on the teen pregnancy issue. REQUIRED RESPONSES: 1. Tulare County Office of Education 2. Tulare County Health and Human Services Agency
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Findings & Recommendations
2 findings
F1:
The County may have prevented the occurrence of a significant overpayment discrepancy provided the appropriate quality controls were in place at the time. However, there is no evidence to support intentional impropriety. The complainant had equal opportunity to register concerns regarding the additional monies received. As such, attachment B of California Constitution, Article 16, Public Finance, and Section 6, previously referenced in this report, stands as the deciding factor in determining the complainant's obligation to reimburse the County.
Related Recommendations (1)
R1:
Tulare County continue to implement and monitor financial safety measures for eligible employee benefit calculations.
F2:
The County has since required its employees, specifically in departments where the overpayments and underpayments occurred, to acknowledge by signature verification per Tulare County Section 125 Participation Form. This form outlines the terms and expectations for both County officials and employees pertaining to the deduction of premiums and/or fees from employee paychecks. CONCLUSION: The complainant is required to repay the county.
Related Recommendations (1)
R2:
The Tulare County Auditor undertake procedures to ensure that periodic comprehensive payroll audits of each county department are monitored. REQUIRED RESPONSES: 1. Tulare County Auditor/Controller 2. Administrator, Human Resources & Development Department
Findings & Recommendations
29 findings
F1:
The County may have prevented the occurrence of a significant overpayment discrepancy provided the appropriate quality controls were in place at the time. However, there is no evidence to support intentional impropriety. The complainant had equal opportunity to register concerns regarding the additional monies received. As such, attachment B of California Constitution, Article 16, Public Finance, and Section 6, previously referenced in this report, stands as the deciding factor in determining the complainant’s obligation to reimburse the County.
F2:
The County has since required its employees, specifically in departments where the overpayments and underpayments occurred, to acknowledge by signature verification per Tulare County Section 125 Participation Form. This form outlines the terms and expectations for both County officials and employees pertaining to the deduction of premiums and/or fees from employee paychecks. CONCLUSION: The complainant is required to repay the county.
F3:
For fiscal years 2010-2013, First 5 Tulare County Program Report Interpretations on the Local Annual Report were not consistent leading to errors in the Cost per Client.
F4:
Due to variables in traffic and rider demand, it is not always possible to arrive as scheduled. As per transit staff, due to riders setting their schedules based on bus arrivals, riders may miss their bus if it arrives and leaves earlier than published schedule.
F5:
Research indicates that the negative impacts of truancy falls on disadvantaged children disproportionately. This worsens the prtohbelier mSA toR TBu lCaroem Cmoiutntetey msceheotoinlsg isn. light of the socio-economic conditions existing throughout the County.
F6:
Several schools the Grand Jury visited are in the process of completing their LCAP goals and action plans.
F7:
One school district had a truant student that missed in excess of 300 days in a three year time period, grades 6R –3 8.. discretion to increase pressure on parents/guardians to fulfill their legal
F8:
Presently, there are no food concessions or amusement rides within the park or museums.
F9:
Council Packets are generally available not less than 72 hours prior to a regular meeting. The packet usually contains the agenda, copies of legislation and background material which have been distributed to the council. These packets are available for public inspection at the council offices.
F10:
The various City Councils meet each month as follows: Incorporated City & Location Meeting Schedule Dinuba – 405 East El Monte Way 2nd and 4th Tuesday @ 6:00 pm Exeter – 137 North F Street 2nd and 4th Tuesday @ 7:00 pm Farmersville – 909 West Visalia Road 2 nd and 4th Monday @ 7:00 pm Lindsay – 251 Honolulu Street 2nd and 4th Tuesday @ 6:00 pm Porterville – 291 Main Street 1st and 3rd Tuesday @ 6:30 pm Tulare – 491 North M Street in City Library 1st and 3rd Tuesday @ 7:00 pm Visalia – 707 West Acequia Avenue 1st and 3rd Monday @ 7:00 pm Woodlake – 350 North Valencia Blvd 2nd and 4th Monday @ 6:30 pm 11 Session" rather than "Regular as those for Regular Sessions. Regular Session certify the record and ve
F11:
Special Meetings – In order to comply with the Open Door law, the Clerk notifies the Council and the press of Special Meetings by mail, phone, or by personal delivery at least 24 hours before the meeting. However, if the meeting is held because of an emergency, notice to the media must be given at the same time and in the same manner as it is given to the Council. The agenda will state “Special Session” rather than “Regular Session” and the minutes are kept in the same manner as those for Regular Sessions.
F12:
Executive Meetings – Executive Sessions are an exception to the general rule that all meetings are open to the public. The Open Door statute allows these closed meetings in a few specific instances where privacy serves the public interest - i.e. to discuss pending litigation, selecting a site for a project, personnel matters, etc. The requirements for notification of Executive Sessions are generally the same as for Special Sessions, except that the notice must cite the statutory basis for holding the closed meeting. The Council must also keep a record of the meeting and at the next Regular Session certify the record and verify that no matters other than those enumerated in the notice were discussed.
F13:
City councils have broad powers to write ordinances in any area that does not impinge upon county ordinances, state or federal laws and regulations.
F14:
Ordinance – An ordinance is a municipal law that continues in effect until repealed. Two readings are required prior to an ordinance being approved. The first reading occurs when an ordinance is introduced by staff, with background and reason for recommendation. The staff brings the ordinance back to council for adoption at a second meeting. The ordinance takes effect after 30 days once adopted.
F15:
Resolution – A resolution differs from an ordinance. It is non-legislative action, less formal, and deals with special or temporary matters, usually relating to a statement of policy regarding the administrative business of the city.
F16:
Meetings are generally conducted in the following order (if applicable, order of closed sessions may vary): a. Call to Order b. Public Comment c. Consent Calendar d. Regular Session e. Adjournment
F17:
A critical duty for the city council is to select and hire the top administrators for the city, such as the city manager, chief of police, etc.
F18:
City staff assist City Council members in identifying and qualifying candidates for employment, preparing for meetings, drafting resolutions, ordinances, and regulations. 12
F19:
The following chart is a summary by the Grand Jury of their visits to each of the seven incorporated City Council meetings: eight incorporated City Council meetings: 13 yasdniL yasdniL ellivsremraF ellivsremraF retexE retexE abuniD abuniD noitacoL 51/42/20 41/42/80 51/32/20 41/52/80 51/42/20 41/82/01 41/32/90 41/62/80 etaD gniteeM 5 5 5 5 5 5 5 5 oN deriuqeR draoB fo srebmeM 5 5 4 5 5 4 3 3 draoB fo oN ni srebmeM ecnadnettA seY seY seY seY seY seY oN oN gniteem diD emit no trats seY seY seY seY seY seY seY seY adnegA ot elbaliava seednetta lla seY seY seY seY seY seY seY seY ereht saW cilbuP tnemmoC emiT dooG yltsoM dooG yreV & lanoisseforP dexaleR dexaleR yldneirF lanoisseforP dexaleR fo ronaemeD ekil-ssenisuB draoB srebmeM seY yltsoM seY seY seY seY seY seY draoB saW lbaegdelwonk e seY seY seY seY seY seY seY seY draoB saW ot suoetruoc enoyreve llA ta toN seY oN seY seY oN seY oN esu draoB diD senohporcim seY seY seY oN seY seY seY oN draoB diD eht ot kcits adnegA seY oN oN seY oN oN oN oN draoB diD ecudortni no ton smeti adnegA eht 14 ellivretroP ellivretroP noitacoL 41/61/90 41/20/90 etaD gniteeM 5 5 oN deriuqeR draoB fo srebmeM 3 3 draoB fo oN ni srebmeM ecnadnettA oN seY gniteem diD emit no trats seY seY adnegA ot elbaliava seednetta lla seY seY ereht saW cilbuP tnemmoC emiT lanoisseforP lanoisseforP fo ronaemeD draoB srebmeM yllareneG yllareneG draoB saW lbaegdelwonk e yltsoM yltsoM draoB saW ot suoetruoc enoyreve seY seY esu draoB diD senohporcim seY seY draoB diD eht ot kcits adnegA seY seY draoB diD ecudortni no ton smeti adnegA eht Disclaimer ekaldooW ekaldooW ailasiV ailasiV 41/52/80 41/11/80 41/30/11 41/80/80 5 5 5 5 4 3 5 5 seY seY seY seY seY seY seY seY seY seY seY seY dexaleR ekil-ssenisuB dooG dooG seY seY seY seY seY seY seY seY seY seY seY seY seY seY seY seY oN oN oN oN Disclaimer Grand Jury reports are based on documentary evidence and the testimony of sworn or admonished witnesses, not on conjecture or opinion. However, the Grand Jury is precluded by law from disclosing such evidence except upon specific approval of the Presiding Judge of the Superior Court, or another judge appointed by the Presiding Judge (Penal Code Section 911, 924.1 (a) and 929). Similarly, the Grand Jury is precluded by law from disclosing the identity of witnesses except upon an order of the court for narrowly defined purposes (Penal Code Section 924.2 and 929). COUNTY EMPLOYEE OVERPAYMENT: THE GIFT OF GIVING BACKGROUND: A gift is defined as something voluntarily transferred by an individual or entity to another individual or entity without compensation; whereas compensation is payment that constitutes an equivalent or recompense as for a service rendered or damage incurred. Attachment B of California Constitution, Article 16, Public Finance, and Section 6 stipulates: The legislature shall have no power to give or to lend, or to authorize the giving or lending, of the credit of the State, or of any county, city and county, city, township or other political corporation or subdivision of the State now existing, or that may be hereafter established, in aid of or to any person, association, or corporation, whether municipal or otherwise, or to pledge the credit thereof, in any manner whatever, for the payment of the liabilities of any individual, association, municipal or other corporation whatever; nor shall it have power to make any gift or authorize the making of any gift, of any public money or thing of value to any individual, municipal or other corporation... REASON FOR INVESTIGATION: A citizen’s complaint of unfair treatment by a Tulare County Governmental Agency (County) was received by the Tulare County Grand Jury (Grand Jury) for investigation and resolution, pursuant to California Penal Code §925 and §925a. The specifics of the complaint alleged unfair treatment due to a County demand for repayment of monies that were incorrectly overpaid to the complainant. Sixty nine pay periods had elapsed before the complainant, and approximately 110 additional employees, were notified of either overpayments or underpayments. Due to the significant length of time that had transpired before the complainant’s notification of demand for repayment totaling over $3,000.00, the complainant claimed to have been wronged because there was no initial notification that the “benefit amount was going to change.” The complainant also said that if there had been proper communication regarding a benefit change “I could have asked questions or disputed it at that time.” The complainant believes the County should have had more proactive oversight that would have precluded the need for a substantial payback. As a result, the complainant had asked for relief, citing the County’s lack of accountability and transparency in the matter. County administrative personnel explained during an interview with the Grand Jury that previous budget cuts had negatively impacted the quality of accounting standards and controls. According to County personnel these problems have been resolved. METHOD OF INVESTIGATION: The Grand Jury began its inquiry by scheduling interviews with the complainant, an administrator, and several accountant/auditors, in addition to obtaining pertinent data for review. In addition to interviews with County administrative and accounting personnel, the Grand Jury reviewed applicable California Government Codes. Upon request, the County submitted pertinent documents to the Grand Jury for further review. FACTS:
F20:
TCOE operates programs designed to meet the full range of needs for mildly handicapped to profoundly handicapped students. Services provided by these programs can range from Designated Instructional Services (DIS) – which supplement regular classroom instruction – to Special Day Classes (SDC) for students whose needs call for modified curriculum.
F21:
TCOE also provides home or hospital instruction as well as residential private placement.
F22:
In additional to those programs/services noted above, TCOE also provides: a. The Bright Start Parent/Infant Program which serves children from birth to age 3 who have, or are at risk of having, disabilities. b. Educational services to at-risk students who attend Court and Community Schools and to incarcerated youth. c. Special education services for developmentally disabled students throughout the County.
F23:
The graph presented below depicts the allocation of TCOE’s Special Education funding for the 2014-2015 school year. (see chart 23) FINDING: F1. The 60 day initial evaluation process of students having special education needs may be overly lengthy.
F24:
The following teen pregnancy prevention programs were in place at the schools the Grand Jury visited: a. Positive Prevention Plus Supplemental Program b. Choices Prevention Program c. Health Science Adolescent Center for Disease Control d. California State National Health Standards e. Safe – Jim Sullivan Prevention Program
F25:
When asked by the Grand Jury, school personnel outlined factors which seem to affect the teenage pregnancy issue: 68 a. Limited Education - Student Dropouts b. Family Structure – Single Parents, Drug or Alcohol Issues c. Economics – Below poverty level d. Social Media – Movies, Internet usage, etc. e. Television Programs – “Teen Mom” and “16 and Pregnant”
F26:
School personnel identified a wide disparity in race and ethnicity, with rates among both African Americans and Hispanic teens remaining twice as high as other ethnic groups.
F27:
School personnel interviewed by the Grand Jury expressed their concerns that not enough parents were talking to their teenagers about pregnancies because they felt uncomfortable discussing the topic. Therefore, these parents felt the schools should handle this topic because of the training teachers received in that specific area.
F28:
School staff indicated that they did not provide counseling to young women facing an unintended pregnancy. School personnel did encourage the young women to talk to their parents and to stay in school. FINDINGS: F1. The majority of teen pregnancies in Tulare County are occurring with mothers 18-19 years of age. While still included in teen demographics, this age group is also considered adults. F2. While having a significantly higher rate than the state average, teen pregnancy rates have been steadily dropping in Tulare County. F3. The HHSA has numerous programs in place for pregnant teens and teen mothers. The majority of these programs assist teens after they are pregnant. Less focus was apparent in teen pregnancy prevention. F4. Although it may be difficult to prove a direct link, it is widely recognized that economic inequality, social marginalization and other structural factors affect teens’ sexual behavior patterns. How these behaviors are linked with teens’ race or ethnicity, educational achievements or family income is difficult to prove. F5. There was a wide disparity in race and ethnicity, with rates among both African Americans and Hispanic teens remaining twice as high as among other ethnic groups.
F29:
The following chart represents a summary of the total Actual Revenue, total Expenditures/ The following chart represents a summary of the total Actual Revenue, total Appropriations and Net Cost for the Office of the District Attorney for Fiscal Years 2011 – 2013: Expenditures/Appropriations and Net Cost for Fiscal Years 2011 – 2013: Section Total 2011 2012 2013-Estimated Total Revenue 33,.555599,,552255 2,582,209 3,104,808 Total 17,312,425 16,269,317 16,269,317 Expenditures/Appropriations Net Cost 13,752,099 13,164,509 13,164,509 FINDINGS: F1. A portion of the Tulare County community is not aware of the operations of the Office of the District Attorney. F2. The Tulare County community has a right to know about the cases in the Tulare County co6u rt system. REQUIRED RESPONSES:
Additional Recommendations
9
Not linked to specific findings.
R1:
Tulare County continue to implement and monitor financial safety measures for eligible employee benefit calculations.
R2:
The Tulare County Auditor undertake procedures to ensure that periodic comprehensive payroll audits of each county department are monitored. REQUIRED RESPONSES: 1. Tulare County Auditor/Controller 2. Administrator, Human Resources & Development Department
R3:
First 5 Tulare County Program Officers have additional training in report writing for consistent Interpretations on the Program Reports.
R4:
First 5 Tulare County create a check list for verifying information between Financial Statements and Local Annual Report to prevent errors before distribution to the public. REQUIRED RESPONSES: 1. First 5 Tulare County 2. Tulare County Board of Supervisors
R5:
A manager or supervisor should take immediate, appropriate action when observing or receiving complaints of unlawful harassment.
R6:
All Tulare County personnel should follow harassment and discriminatory protocols.
R7:
Implement a zero-tolerance bullying policy.
R8:
Explore feasibility and alternatives for selecting a Grievance Panel Chair at Step 3.
R9:
Post anti-harassment signage in conspicuous areas such as break rooms, etc. REQUIRED RESPONSES: 1. Tulare County Human Resources & Development Department 2. Tulare County Board of Supervisors
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Findings & Recommendations
29 findings
F1:
The County may have prevented the occurrence of a significant overpayment discrepancy provided the appropriate quality controls were in place at the time. However, there is no evidence to support intentional impropriety. The complainant had equal opportunity to register concerns regarding the additional monies received. As such, attachment B of California Constitution, Article 16, Public Finance, and Section 6, previously referenced in this report, stands as the deciding factor in determining the complainant’s obligation to reimburse the County.
F2:
The County has since required its employees, specifically in departments where the overpayments and underpayments occurred, to acknowledge by signature verification per Tulare County Section 125 Participation Form. This form outlines the terms and expectations for both County officials and employees pertaining to the deduction of premiums and/or fees from employee paychecks. CONCLUSION: The complainant is required to repay the county.
F3:
For fiscal years 2010-2013, First 5 Tulare County Program Report Interpretations on the Local Annual Report were not consistent leading to errors in the Cost per Client.
F4:
Due to variables in traffic and rider demand, it is not always possible to arrive as scheduled. As per transit staff, due to riders setting their schedules based on bus arrivals, riders may miss their bus if it arrives and leaves earlier than published schedule.
F5:
Research indicates that the negative impacts of truancy falls on disadvantaged children disproportionately. This worsens the prtohbelier mSA toR TBu lCaroem Cmoiutntetey msceheotoinlsg isn. light of the socio-economic conditions existing throughout the County.
F6:
Several schools the Grand Jury visited are in the process of completing their LCAP goals and action plans.
F7:
One school district had a truant student that missed in excess of 300 days in a three year time period, grades 6R –3 8.. discretion to increase pressure on parents/guardians to fulfill their legal
F8:
Presently, there are no food concessions or amusement rides within the park or museums.
F9:
Council Packets are generally available not less than 72 hours prior to a regular meeting. The packet usually contains the agenda, copies of legislation and background material which have been distributed to the council. These packets are available for public inspection at the council offices.
F10:
The various City Councils meet each month as follows: Incorporated City & Location Meeting Schedule Dinuba – 405 East El Monte Way 2nd and 4th Tuesday @ 6:00 pm Exeter – 137 North F Street 2nd and 4th Tuesday @ 7:00 pm Farmersville – 909 West Visalia Road 2 nd and 4th Monday @ 7:00 pm Lindsay – 251 Honolulu Street 2nd and 4th Tuesday @ 6:00 pm Porterville – 291 Main Street 1st and 3rd Tuesday @ 6:30 pm Tulare – 491 North M Street in City Library 1st and 3rd Tuesday @ 7:00 pm Visalia – 707 West Acequia Avenue 1st and 3rd Monday @ 7:00 pm Woodlake – 350 North Valencia Blvd 2nd and 4th Monday @ 6:30 pm 11 Session" rather than "Regular as those for Regular Sessions. Regular Session certify the record and ve
F11:
Special Meetings – In order to comply with the Open Door law, the Clerk notifies the Council and the press of Special Meetings by mail, phone, or by personal delivery at least 24 hours before the meeting. However, if the meeting is held because of an emergency, notice to the media must be given at the same time and in the same manner as it is given to the Council. The agenda will state “Special Session” rather than “Regular Session” and the minutes are kept in the same manner as those for Regular Sessions.
F12:
Executive Meetings – Executive Sessions are an exception to the general rule that all meetings are open to the public. The Open Door statute allows these closed meetings in a few specific instances where privacy serves the public interest - i.e. to discuss pending litigation, selecting a site for a project, personnel matters, etc. The requirements for notification of Executive Sessions are generally the same as for Special Sessions, except that the notice must cite the statutory basis for holding the closed meeting. The Council must also keep a record of the meeting and at the next Regular Session certify the record and verify that no matters other than those enumerated in the notice were discussed.
F13:
City councils have broad powers to write ordinances in any area that does not impinge upon county ordinances, state or federal laws and regulations.
F14:
Ordinance – An ordinance is a municipal law that continues in effect until repealed. Two readings are required prior to an ordinance being approved. The first reading occurs when an ordinance is introduced by staff, with background and reason for recommendation. The staff brings the ordinance back to council for adoption at a second meeting. The ordinance takes effect after 30 days once adopted.
F15:
Resolution – A resolution differs from an ordinance. It is non-legislative action, less formal, and deals with special or temporary matters, usually relating to a statement of policy regarding the administrative business of the city.
F16:
Meetings are generally conducted in the following order (if applicable, order of closed sessions may vary): a. Call to Order b. Public Comment c. Consent Calendar d. Regular Session e. Adjournment
F17:
A critical duty for the city council is to select and hire the top administrators for the city, such as the city manager, chief of police, etc.
F18:
City staff assist City Council members in identifying and qualifying candidates for employment, preparing for meetings, drafting resolutions, ordinances, and regulations. 12
F19:
The following chart is a summary by the Grand Jury of their visits to each of the seven incorporated City Council meetings: eight incorporated City Council meetings: 13 yasdniL yasdniL ellivsremraF ellivsremraF retexE retexE abuniD abuniD noitacoL 51/42/20 41/42/80 51/32/20 41/52/80 51/42/20 41/82/01 41/32/90 41/62/80 etaD gniteeM 5 5 5 5 5 5 5 5 oN deriuqeR draoB fo srebmeM 5 5 4 5 5 4 3 3 draoB fo oN ni srebmeM ecnadnettA seY seY seY seY seY seY oN oN gniteem diD emit no trats seY seY seY seY seY seY seY seY adnegA ot elbaliava seednetta lla seY seY seY seY seY seY seY seY ereht saW cilbuP tnemmoC emiT dooG yltsoM dooG yreV & lanoisseforP dexaleR dexaleR yldneirF lanoisseforP dexaleR fo ronaemeD ekil-ssenisuB draoB srebmeM seY yltsoM seY seY seY seY seY seY draoB saW lbaegdelwonk e seY seY seY seY seY seY seY seY draoB saW ot suoetruoc enoyreve llA ta toN seY oN seY seY oN seY oN esu draoB diD senohporcim seY seY seY oN seY seY seY oN draoB diD eht ot kcits adnegA seY oN oN seY oN oN oN oN draoB diD ecudortni no ton smeti adnegA eht 14 ellivretroP ellivretroP noitacoL 41/61/90 41/20/90 etaD gniteeM 5 5 oN deriuqeR draoB fo srebmeM 3 3 draoB fo oN ni srebmeM ecnadnettA oN seY gniteem diD emit no trats seY seY adnegA ot elbaliava seednetta lla seY seY ereht saW cilbuP tnemmoC emiT lanoisseforP lanoisseforP fo ronaemeD draoB srebmeM yllareneG yllareneG draoB saW lbaegdelwonk e yltsoM yltsoM draoB saW ot suoetruoc enoyreve seY seY esu draoB diD senohporcim seY seY draoB diD eht ot kcits adnegA seY seY draoB diD ecudortni no ton smeti adnegA eht Disclaimer ekaldooW ekaldooW ailasiV ailasiV 41/52/80 41/11/80 41/30/11 41/80/80 5 5 5 5 4 3 5 5 seY seY seY seY seY seY seY seY seY seY seY seY dexaleR ekil-ssenisuB dooG dooG seY seY seY seY seY seY seY seY seY seY seY seY seY seY seY seY oN oN oN oN Disclaimer Grand Jury reports are based on documentary evidence and the testimony of sworn or admonished witnesses, not on conjecture or opinion. However, the Grand Jury is precluded by law from disclosing such evidence except upon specific approval of the Presiding Judge of the Superior Court, or another judge appointed by the Presiding Judge (Penal Code Section 911, 924.1 (a) and 929). Similarly, the Grand Jury is precluded by law from disclosing the identity of witnesses except upon an order of the court for narrowly defined purposes (Penal Code Section 924.2 and 929). COUNTY EMPLOYEE OVERPAYMENT: THE GIFT OF GIVING BACKGROUND: A gift is defined as something voluntarily transferred by an individual or entity to another individual or entity without compensation; whereas compensation is payment that constitutes an equivalent or recompense as for a service rendered or damage incurred. Attachment B of California Constitution, Article 16, Public Finance, and Section 6 stipulates: The legislature shall have no power to give or to lend, or to authorize the giving or lending, of the credit of the State, or of any county, city and county, city, township or other political corporation or subdivision of the State now existing, or that may be hereafter established, in aid of or to any person, association, or corporation, whether municipal or otherwise, or to pledge the credit thereof, in any manner whatever, for the payment of the liabilities of any individual, association, municipal or other corporation whatever; nor shall it have power to make any gift or authorize the making of any gift, of any public money or thing of value to any individual, municipal or other corporation... REASON FOR INVESTIGATION: A citizen’s complaint of unfair treatment by a Tulare County Governmental Agency (County) was received by the Tulare County Grand Jury (Grand Jury) for investigation and resolution, pursuant to California Penal Code §925 and §925a. The specifics of the complaint alleged unfair treatment due to a County demand for repayment of monies that were incorrectly overpaid to the complainant. Sixty nine pay periods had elapsed before the complainant, and approximately 110 additional employees, were notified of either overpayments or underpayments. Due to the significant length of time that had transpired before the complainant’s notification of demand for repayment totaling over $3,000.00, the complainant claimed to have been wronged because there was no initial notification that the “benefit amount was going to change.” The complainant also said that if there had been proper communication regarding a benefit change “I could have asked questions or disputed it at that time.” The complainant believes the County should have had more proactive oversight that would have precluded the need for a substantial payback. As a result, the complainant had asked for relief, citing the County’s lack of accountability and transparency in the matter. County administrative personnel explained during an interview with the Grand Jury that previous budget cuts had negatively impacted the quality of accounting standards and controls. According to County personnel these problems have been resolved. METHOD OF INVESTIGATION: The Grand Jury began its inquiry by scheduling interviews with the complainant, an administrator, and several accountant/auditors, in addition to obtaining pertinent data for review. In addition to interviews with County administrative and accounting personnel, the Grand Jury reviewed applicable California Government Codes. Upon request, the County submitted pertinent documents to the Grand Jury for further review. FACTS:
F20:
TCOE operates programs designed to meet the full range of needs for mildly handicapped to profoundly handicapped students. Services provided by these programs can range from Designated Instructional Services (DIS) – which supplement regular classroom instruction – to Special Day Classes (SDC) for students whose needs call for modified curriculum.
F21:
TCOE also provides home or hospital instruction as well as residential private placement.
F22:
In additional to those programs/services noted above, TCOE also provides: a. The Bright Start Parent/Infant Program which serves children from birth to age 3 who have, or are at risk of having, disabilities. b. Educational services to at-risk students who attend Court and Community Schools and to incarcerated youth. c. Special education services for developmentally disabled students throughout the County.
F23:
The graph presented below depicts the allocation of TCOE’s Special Education funding for the 2014-2015 school year. (see chart 23) FINDING: F1. The 60 day initial evaluation process of students having special education needs may be overly lengthy.
F24:
The following teen pregnancy prevention programs were in place at the schools the Grand Jury visited: a. Positive Prevention Plus Supplemental Program b. Choices Prevention Program c. Health Science Adolescent Center for Disease Control d. California State National Health Standards e. Safe – Jim Sullivan Prevention Program
F25:
When asked by the Grand Jury, school personnel outlined factors which seem to affect the teenage pregnancy issue: 68 a. Limited Education - Student Dropouts b. Family Structure – Single Parents, Drug or Alcohol Issues c. Economics – Below poverty level d. Social Media – Movies, Internet usage, etc. e. Television Programs – “Teen Mom” and “16 and Pregnant”
F26:
School personnel identified a wide disparity in race and ethnicity, with rates among both African Americans and Hispanic teens remaining twice as high as other ethnic groups.
F27:
School personnel interviewed by the Grand Jury expressed their concerns that not enough parents were talking to their teenagers about pregnancies because they felt uncomfortable discussing the topic. Therefore, these parents felt the schools should handle this topic because of the training teachers received in that specific area.
F28:
School staff indicated that they did not provide counseling to young women facing an unintended pregnancy. School personnel did encourage the young women to talk to their parents and to stay in school. FINDINGS: F1. The majority of teen pregnancies in Tulare County are occurring with mothers 18-19 years of age. While still included in teen demographics, this age group is also considered adults. F2. While having a significantly higher rate than the state average, teen pregnancy rates have been steadily dropping in Tulare County. F3. The HHSA has numerous programs in place for pregnant teens and teen mothers. The majority of these programs assist teens after they are pregnant. Less focus was apparent in teen pregnancy prevention. F4. Although it may be difficult to prove a direct link, it is widely recognized that economic inequality, social marginalization and other structural factors affect teens’ sexual behavior patterns. How these behaviors are linked with teens’ race or ethnicity, educational achievements or family income is difficult to prove. F5. There was a wide disparity in race and ethnicity, with rates among both African Americans and Hispanic teens remaining twice as high as among other ethnic groups.
F29:
The following chart represents a summary of the total Actual Revenue, total Expenditures/ The following chart represents a summary of the total Actual Revenue, total Appropriations and Net Cost for the Office of the District Attorney for Fiscal Years 2011 – 2013: Expenditures/Appropriations and Net Cost for Fiscal Years 2011 – 2013: Section Total 2011 2012 2013-Estimated Total Revenue 33,.555599,,552255 2,582,209 3,104,808 Total 17,312,425 16,269,317 16,269,317 Expenditures/Appropriations Net Cost 13,752,099 13,164,509 13,164,509 FINDINGS: F1. A portion of the Tulare County community is not aware of the operations of the Office of the District Attorney. F2. The Tulare County community has a right to know about the cases in the Tulare County co6u rt system. REQUIRED RESPONSES:
Additional Recommendations
9
Not linked to specific findings.
R1:
Tulare County continue to implement and monitor financial safety measures for eligible employee benefit calculations.
R2:
The Tulare County Auditor undertake procedures to ensure that periodic comprehensive payroll audits of each county department are monitored. REQUIRED RESPONSES: 1. Tulare County Auditor/Controller 2. Administrator, Human Resources & Development Department
R3:
First 5 Tulare County Program Officers have additional training in report writing for consistent Interpretations on the Program Reports.
R4:
First 5 Tulare County create a check list for verifying information between Financial Statements and Local Annual Report to prevent errors before distribution to the public. REQUIRED RESPONSES: 1. First 5 Tulare County 2. Tulare County Board of Supervisors
R5:
A manager or supervisor should take immediate, appropriate action when observing or receiving complaints of unlawful harassment.
R6:
All Tulare County personnel should follow harassment and discriminatory protocols.
R7:
Implement a zero-tolerance bullying policy.
R8:
Explore feasibility and alternatives for selecting a Grievance Panel Chair at Step 3.
R9:
Post anti-harassment signage in conspicuous areas such as break rooms, etc. REQUIRED RESPONSES: 1. Tulare County Human Resources & Development Department 2. Tulare County Board of Supervisors
Findings & Recommendations
29 findings
F1:
The County may have prevented the occurrence of a significant overpayment discrepancy provided the appropriate quality controls were in place at the time. However, there is no evidence to support intentional impropriety. The complainant had equal opportunity to register concerns regarding the additional monies received. As such, attachment B of California Constitution, Article 16, Public Finance, and Section 6, previously referenced in this report, stands as the deciding factor in determining the complainant’s obligation to reimburse the County.
F2:
The County has since required its employees, specifically in departments where the overpayments and underpayments occurred, to acknowledge by signature verification per Tulare County Section 125 Participation Form. This form outlines the terms and expectations for both County officials and employees pertaining to the deduction of premiums and/or fees from employee paychecks. CONCLUSION: The complainant is required to repay the county.
F3:
For fiscal years 2010-2013, First 5 Tulare County Program Report Interpretations on the Local Annual Report were not consistent leading to errors in the Cost per Client.
F4:
Due to variables in traffic and rider demand, it is not always possible to arrive as scheduled. As per transit staff, due to riders setting their schedules based on bus arrivals, riders may miss their bus if it arrives and leaves earlier than published schedule.
F5:
Research indicates that the negative impacts of truancy falls on disadvantaged children disproportionately. This worsens the prtohbelier mSA toR TBu lCaroem Cmoiutntetey msceheotoinlsg isn. light of the socio-economic conditions existing throughout the County.
F6:
Several schools the Grand Jury visited are in the process of completing their LCAP goals and action plans.
F7:
One school district had a truant student that missed in excess of 300 days in a three year time period, grades 6R –3 8.. discretion to increase pressure on parents/guardians to fulfill their legal
F8:
Presently, there are no food concessions or amusement rides within the park or museums.
F9:
Council Packets are generally available not less than 72 hours prior to a regular meeting. The packet usually contains the agenda, copies of legislation and background material which have been distributed to the council. These packets are available for public inspection at the council offices.
F10:
The various City Councils meet each month as follows: Incorporated City & Location Meeting Schedule Dinuba – 405 East El Monte Way 2nd and 4th Tuesday @ 6:00 pm Exeter – 137 North F Street 2nd and 4th Tuesday @ 7:00 pm Farmersville – 909 West Visalia Road 2 nd and 4th Monday @ 7:00 pm Lindsay – 251 Honolulu Street 2nd and 4th Tuesday @ 6:00 pm Porterville – 291 Main Street 1st and 3rd Tuesday @ 6:30 pm Tulare – 491 North M Street in City Library 1st and 3rd Tuesday @ 7:00 pm Visalia – 707 West Acequia Avenue 1st and 3rd Monday @ 7:00 pm Woodlake – 350 North Valencia Blvd 2nd and 4th Monday @ 6:30 pm 11 Session" rather than "Regular as those for Regular Sessions. Regular Session certify the record and ve
F11:
Special Meetings – In order to comply with the Open Door law, the Clerk notifies the Council and the press of Special Meetings by mail, phone, or by personal delivery at least 24 hours before the meeting. However, if the meeting is held because of an emergency, notice to the media must be given at the same time and in the same manner as it is given to the Council. The agenda will state “Special Session” rather than “Regular Session” and the minutes are kept in the same manner as those for Regular Sessions.
F12:
Executive Meetings – Executive Sessions are an exception to the general rule that all meetings are open to the public. The Open Door statute allows these closed meetings in a few specific instances where privacy serves the public interest - i.e. to discuss pending litigation, selecting a site for a project, personnel matters, etc. The requirements for notification of Executive Sessions are generally the same as for Special Sessions, except that the notice must cite the statutory basis for holding the closed meeting. The Council must also keep a record of the meeting and at the next Regular Session certify the record and verify that no matters other than those enumerated in the notice were discussed.
F13:
City councils have broad powers to write ordinances in any area that does not impinge upon county ordinances, state or federal laws and regulations.
F14:
Ordinance – An ordinance is a municipal law that continues in effect until repealed. Two readings are required prior to an ordinance being approved. The first reading occurs when an ordinance is introduced by staff, with background and reason for recommendation. The staff brings the ordinance back to council for adoption at a second meeting. The ordinance takes effect after 30 days once adopted.
F15:
Resolution – A resolution differs from an ordinance. It is non-legislative action, less formal, and deals with special or temporary matters, usually relating to a statement of policy regarding the administrative business of the city.
F16:
Meetings are generally conducted in the following order (if applicable, order of closed sessions may vary): a. Call to Order b. Public Comment c. Consent Calendar d. Regular Session e. Adjournment
F17:
A critical duty for the city council is to select and hire the top administrators for the city, such as the city manager, chief of police, etc.
F18:
City staff assist City Council members in identifying and qualifying candidates for employment, preparing for meetings, drafting resolutions, ordinances, and regulations. 12
F19:
The following chart is a summary by the Grand Jury of their visits to each of the seven incorporated City Council meetings: eight incorporated City Council meetings: 13 yasdniL yasdniL ellivsremraF ellivsremraF retexE retexE abuniD abuniD noitacoL 51/42/20 41/42/80 51/32/20 41/52/80 51/42/20 41/82/01 41/32/90 41/62/80 etaD gniteeM 5 5 5 5 5 5 5 5 oN deriuqeR draoB fo srebmeM 5 5 4 5 5 4 3 3 draoB fo oN ni srebmeM ecnadnettA seY seY seY seY seY seY oN oN gniteem diD emit no trats seY seY seY seY seY seY seY seY adnegA ot elbaliava seednetta lla seY seY seY seY seY seY seY seY ereht saW cilbuP tnemmoC emiT dooG yltsoM dooG yreV & lanoisseforP dexaleR dexaleR yldneirF lanoisseforP dexaleR fo ronaemeD ekil-ssenisuB draoB srebmeM seY yltsoM seY seY seY seY seY seY draoB saW lbaegdelwonk e seY seY seY seY seY seY seY seY draoB saW ot suoetruoc enoyreve llA ta toN seY oN seY seY oN seY oN esu draoB diD senohporcim seY seY seY oN seY seY seY oN draoB diD eht ot kcits adnegA seY oN oN seY oN oN oN oN draoB diD ecudortni no ton smeti adnegA eht 14 ellivretroP ellivretroP noitacoL 41/61/90 41/20/90 etaD gniteeM 5 5 oN deriuqeR draoB fo srebmeM 3 3 draoB fo oN ni srebmeM ecnadnettA oN seY gniteem diD emit no trats seY seY adnegA ot elbaliava seednetta lla seY seY ereht saW cilbuP tnemmoC emiT lanoisseforP lanoisseforP fo ronaemeD draoB srebmeM yllareneG yllareneG draoB saW lbaegdelwonk e yltsoM yltsoM draoB saW ot suoetruoc enoyreve seY seY esu draoB diD senohporcim seY seY draoB diD eht ot kcits adnegA seY seY draoB diD ecudortni no ton smeti adnegA eht Disclaimer ekaldooW ekaldooW ailasiV ailasiV 41/52/80 41/11/80 41/30/11 41/80/80 5 5 5 5 4 3 5 5 seY seY seY seY seY seY seY seY seY seY seY seY dexaleR ekil-ssenisuB dooG dooG seY seY seY seY seY seY seY seY seY seY seY seY seY seY seY seY oN oN oN oN Disclaimer Grand Jury reports are based on documentary evidence and the testimony of sworn or admonished witnesses, not on conjecture or opinion. However, the Grand Jury is precluded by law from disclosing such evidence except upon specific approval of the Presiding Judge of the Superior Court, or another judge appointed by the Presiding Judge (Penal Code Section 911, 924.1 (a) and 929). Similarly, the Grand Jury is precluded by law from disclosing the identity of witnesses except upon an order of the court for narrowly defined purposes (Penal Code Section 924.2 and 929). COUNTY EMPLOYEE OVERPAYMENT: THE GIFT OF GIVING BACKGROUND: A gift is defined as something voluntarily transferred by an individual or entity to another individual or entity without compensation; whereas compensation is payment that constitutes an equivalent or recompense as for a service rendered or damage incurred. Attachment B of California Constitution, Article 16, Public Finance, and Section 6 stipulates: The legislature shall have no power to give or to lend, or to authorize the giving or lending, of the credit of the State, or of any county, city and county, city, township or other political corporation or subdivision of the State now existing, or that may be hereafter established, in aid of or to any person, association, or corporation, whether municipal or otherwise, or to pledge the credit thereof, in any manner whatever, for the payment of the liabilities of any individual, association, municipal or other corporation whatever; nor shall it have power to make any gift or authorize the making of any gift, of any public money or thing of value to any individual, municipal or other corporation... REASON FOR INVESTIGATION: A citizen’s complaint of unfair treatment by a Tulare County Governmental Agency (County) was received by the Tulare County Grand Jury (Grand Jury) for investigation and resolution, pursuant to California Penal Code §925 and §925a. The specifics of the complaint alleged unfair treatment due to a County demand for repayment of monies that were incorrectly overpaid to the complainant. Sixty nine pay periods had elapsed before the complainant, and approximately 110 additional employees, were notified of either overpayments or underpayments. Due to the significant length of time that had transpired before the complainant’s notification of demand for repayment totaling over $3,000.00, the complainant claimed to have been wronged because there was no initial notification that the “benefit amount was going to change.” The complainant also said that if there had been proper communication regarding a benefit change “I could have asked questions or disputed it at that time.” The complainant believes the County should have had more proactive oversight that would have precluded the need for a substantial payback. As a result, the complainant had asked for relief, citing the County’s lack of accountability and transparency in the matter. County administrative personnel explained during an interview with the Grand Jury that previous budget cuts had negatively impacted the quality of accounting standards and controls. According to County personnel these problems have been resolved. METHOD OF INVESTIGATION: The Grand Jury began its inquiry by scheduling interviews with the complainant, an administrator, and several accountant/auditors, in addition to obtaining pertinent data for review. In addition to interviews with County administrative and accounting personnel, the Grand Jury reviewed applicable California Government Codes. Upon request, the County submitted pertinent documents to the Grand Jury for further review. FACTS:
F20:
TCOE operates programs designed to meet the full range of needs for mildly handicapped to profoundly handicapped students. Services provided by these programs can range from Designated Instructional Services (DIS) – which supplement regular classroom instruction – to Special Day Classes (SDC) for students whose needs call for modified curriculum.
F21:
TCOE also provides home or hospital instruction as well as residential private placement.
F22:
In additional to those programs/services noted above, TCOE also provides: a. The Bright Start Parent/Infant Program which serves children from birth to age 3 who have, or are at risk of having, disabilities. b. Educational services to at-risk students who attend Court and Community Schools and to incarcerated youth. c. Special education services for developmentally disabled students throughout the County.
F23:
The graph presented below depicts the allocation of TCOE’s Special Education funding for the 2014-2015 school year. (see chart 23) FINDING: F1. The 60 day initial evaluation process of students having special education needs may be overly lengthy.
F24:
The following teen pregnancy prevention programs were in place at the schools the Grand Jury visited: a. Positive Prevention Plus Supplemental Program b. Choices Prevention Program c. Health Science Adolescent Center for Disease Control d. California State National Health Standards e. Safe – Jim Sullivan Prevention Program
F25:
When asked by the Grand Jury, school personnel outlined factors which seem to affect the teenage pregnancy issue: 68 a. Limited Education - Student Dropouts b. Family Structure – Single Parents, Drug or Alcohol Issues c. Economics – Below poverty level d. Social Media – Movies, Internet usage, etc. e. Television Programs – “Teen Mom” and “16 and Pregnant”
F26:
School personnel identified a wide disparity in race and ethnicity, with rates among both African Americans and Hispanic teens remaining twice as high as other ethnic groups.
F27:
School personnel interviewed by the Grand Jury expressed their concerns that not enough parents were talking to their teenagers about pregnancies because they felt uncomfortable discussing the topic. Therefore, these parents felt the schools should handle this topic because of the training teachers received in that specific area.
F28:
School staff indicated that they did not provide counseling to young women facing an unintended pregnancy. School personnel did encourage the young women to talk to their parents and to stay in school. FINDINGS: F1. The majority of teen pregnancies in Tulare County are occurring with mothers 18-19 years of age. While still included in teen demographics, this age group is also considered adults. F2. While having a significantly higher rate than the state average, teen pregnancy rates have been steadily dropping in Tulare County. F3. The HHSA has numerous programs in place for pregnant teens and teen mothers. The majority of these programs assist teens after they are pregnant. Less focus was apparent in teen pregnancy prevention. F4. Although it may be difficult to prove a direct link, it is widely recognized that economic inequality, social marginalization and other structural factors affect teens’ sexual behavior patterns. How these behaviors are linked with teens’ race or ethnicity, educational achievements or family income is difficult to prove. F5. There was a wide disparity in race and ethnicity, with rates among both African Americans and Hispanic teens remaining twice as high as among other ethnic groups.
F29:
The following chart represents a summary of the total Actual Revenue, total Expenditures/ The following chart represents a summary of the total Actual Revenue, total Appropriations and Net Cost for the Office of the District Attorney for Fiscal Years 2011 – 2013: Expenditures/Appropriations and Net Cost for Fiscal Years 2011 – 2013: Section Total 2011 2012 2013-Estimated Total Revenue 33,.555599,,552255 2,582,209 3,104,808 Total 17,312,425 16,269,317 16,269,317 Expenditures/Appropriations Net Cost 13,752,099 13,164,509 13,164,509 FINDINGS: F1. A portion of the Tulare County community is not aware of the operations of the Office of the District Attorney. F2. The Tulare County community has a right to know about the cases in the Tulare County co6u rt system. REQUIRED RESPONSES:
Additional Recommendations
9
Not linked to specific findings.
R1:
Tulare County continue to implement and monitor financial safety measures for eligible employee benefit calculations.
R2:
The Tulare County Auditor undertake procedures to ensure that periodic comprehensive payroll audits of each county department are monitored. REQUIRED RESPONSES: 1. Tulare County Auditor/Controller 2. Administrator, Human Resources & Development Department
R3:
First 5 Tulare County Program Officers have additional training in report writing for consistent Interpretations on the Program Reports.
R4:
First 5 Tulare County create a check list for verifying information between Financial Statements and Local Annual Report to prevent errors before distribution to the public. REQUIRED RESPONSES: 1. First 5 Tulare County 2. Tulare County Board of Supervisors
R5:
A manager or supervisor should take immediate, appropriate action when observing or receiving complaints of unlawful harassment.
R6:
All Tulare County personnel should follow harassment and discriminatory protocols.
R7:
Implement a zero-tolerance bullying policy.
R8:
Explore feasibility and alternatives for selecting a Grievance Panel Chair at Step 3.
R9:
Post anti-harassment signage in conspicuous areas such as break rooms, etc. REQUIRED RESPONSES: 1. Tulare County Human Resources & Development Department 2. Tulare County Board of Supervisors
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Findings & Recommendations
29 findings
F1:
The County may have prevented the occurrence of a significant overpayment discrepancy provided the appropriate quality controls were in place at the time. However, there is no evidence to support intentional impropriety. The complainant had equal opportunity to register concerns regarding the additional monies received. As such, attachment B of California Constitution, Article 16, Public Finance, and Section 6, previously referenced in this report, stands as the deciding factor in determining the complainant’s obligation to reimburse the County.
F2:
The County has since required its employees, specifically in departments where the overpayments and underpayments occurred, to acknowledge by signature verification per Tulare County Section 125 Participation Form. This form outlines the terms and expectations for both County officials and employees pertaining to the deduction of premiums and/or fees from employee paychecks. CONCLUSION: The complainant is required to repay the county.
F3:
For fiscal years 2010-2013, First 5 Tulare County Program Report Interpretations on the Local Annual Report were not consistent leading to errors in the Cost per Client.
F4:
Due to variables in traffic and rider demand, it is not always possible to arrive as scheduled. As per transit staff, due to riders setting their schedules based on bus arrivals, riders may miss their bus if it arrives and leaves earlier than published schedule.
F5:
Research indicates that the negative impacts of truancy falls on disadvantaged children disproportionately. This worsens the prtohbelier mSA toR TBu lCaroem Cmoiutntetey msceheotoinlsg isn. light of the socio-economic conditions existing throughout the County.
F6:
Several schools the Grand Jury visited are in the process of completing their LCAP goals and action plans.
F7:
One school district had a truant student that missed in excess of 300 days in a three year time period, grades 6R –3 8.. discretion to increase pressure on parents/guardians to fulfill their legal
F8:
Presently, there are no food concessions or amusement rides within the park or museums.
F9:
Council Packets are generally available not less than 72 hours prior to a regular meeting. The packet usually contains the agenda, copies of legislation and background material which have been distributed to the council. These packets are available for public inspection at the council offices.
F10:
The various City Councils meet each month as follows: Incorporated City & Location Meeting Schedule Dinuba – 405 East El Monte Way 2nd and 4th Tuesday @ 6:00 pm Exeter – 137 North F Street 2nd and 4th Tuesday @ 7:00 pm Farmersville – 909 West Visalia Road 2 nd and 4th Monday @ 7:00 pm Lindsay – 251 Honolulu Street 2nd and 4th Tuesday @ 6:00 pm Porterville – 291 Main Street 1st and 3rd Tuesday @ 6:30 pm Tulare – 491 North M Street in City Library 1st and 3rd Tuesday @ 7:00 pm Visalia – 707 West Acequia Avenue 1st and 3rd Monday @ 7:00 pm Woodlake – 350 North Valencia Blvd 2nd and 4th Monday @ 6:30 pm 11 Session" rather than "Regular as those for Regular Sessions. Regular Session certify the record and ve
F11:
Special Meetings – In order to comply with the Open Door law, the Clerk notifies the Council and the press of Special Meetings by mail, phone, or by personal delivery at least 24 hours before the meeting. However, if the meeting is held because of an emergency, notice to the media must be given at the same time and in the same manner as it is given to the Council. The agenda will state “Special Session” rather than “Regular Session” and the minutes are kept in the same manner as those for Regular Sessions.
F12:
Executive Meetings – Executive Sessions are an exception to the general rule that all meetings are open to the public. The Open Door statute allows these closed meetings in a few specific instances where privacy serves the public interest - i.e. to discuss pending litigation, selecting a site for a project, personnel matters, etc. The requirements for notification of Executive Sessions are generally the same as for Special Sessions, except that the notice must cite the statutory basis for holding the closed meeting. The Council must also keep a record of the meeting and at the next Regular Session certify the record and verify that no matters other than those enumerated in the notice were discussed.
F13:
City councils have broad powers to write ordinances in any area that does not impinge upon county ordinances, state or federal laws and regulations.
F14:
Ordinance – An ordinance is a municipal law that continues in effect until repealed. Two readings are required prior to an ordinance being approved. The first reading occurs when an ordinance is introduced by staff, with background and reason for recommendation. The staff brings the ordinance back to council for adoption at a second meeting. The ordinance takes effect after 30 days once adopted.
F15:
Resolution – A resolution differs from an ordinance. It is non-legislative action, less formal, and deals with special or temporary matters, usually relating to a statement of policy regarding the administrative business of the city.
F16:
Meetings are generally conducted in the following order (if applicable, order of closed sessions may vary): a. Call to Order b. Public Comment c. Consent Calendar d. Regular Session e. Adjournment
F17:
A critical duty for the city council is to select and hire the top administrators for the city, such as the city manager, chief of police, etc.
F18:
City staff assist City Council members in identifying and qualifying candidates for employment, preparing for meetings, drafting resolutions, ordinances, and regulations. 12
F19:
The following chart is a summary by the Grand Jury of their visits to each of the seven incorporated City Council meetings: eight incorporated City Council meetings: 13 yasdniL yasdniL ellivsremraF ellivsremraF retexE retexE abuniD abuniD noitacoL 51/42/20 41/42/80 51/32/20 41/52/80 51/42/20 41/82/01 41/32/90 41/62/80 etaD gniteeM 5 5 5 5 5 5 5 5 oN deriuqeR draoB fo srebmeM 5 5 4 5 5 4 3 3 draoB fo oN ni srebmeM ecnadnettA seY seY seY seY seY seY oN oN gniteem diD emit no trats seY seY seY seY seY seY seY seY adnegA ot elbaliava seednetta lla seY seY seY seY seY seY seY seY ereht saW cilbuP tnemmoC emiT dooG yltsoM dooG yreV & lanoisseforP dexaleR dexaleR yldneirF lanoisseforP dexaleR fo ronaemeD ekil-ssenisuB draoB srebmeM seY yltsoM seY seY seY seY seY seY draoB saW lbaegdelwonk e seY seY seY seY seY seY seY seY draoB saW ot suoetruoc enoyreve llA ta toN seY oN seY seY oN seY oN esu draoB diD senohporcim seY seY seY oN seY seY seY oN draoB diD eht ot kcits adnegA seY oN oN seY oN oN oN oN draoB diD ecudortni no ton smeti adnegA eht 14 ellivretroP ellivretroP noitacoL 41/61/90 41/20/90 etaD gniteeM 5 5 oN deriuqeR draoB fo srebmeM 3 3 draoB fo oN ni srebmeM ecnadnettA oN seY gniteem diD emit no trats seY seY adnegA ot elbaliava seednetta lla seY seY ereht saW cilbuP tnemmoC emiT lanoisseforP lanoisseforP fo ronaemeD draoB srebmeM yllareneG yllareneG draoB saW lbaegdelwonk e yltsoM yltsoM draoB saW ot suoetruoc enoyreve seY seY esu draoB diD senohporcim seY seY draoB diD eht ot kcits adnegA seY seY draoB diD ecudortni no ton smeti adnegA eht Disclaimer ekaldooW ekaldooW ailasiV ailasiV 41/52/80 41/11/80 41/30/11 41/80/80 5 5 5 5 4 3 5 5 seY seY seY seY seY seY seY seY seY seY seY seY dexaleR ekil-ssenisuB dooG dooG seY seY seY seY seY seY seY seY seY seY seY seY seY seY seY seY oN oN oN oN Disclaimer Grand Jury reports are based on documentary evidence and the testimony of sworn or admonished witnesses, not on conjecture or opinion. However, the Grand Jury is precluded by law from disclosing such evidence except upon specific approval of the Presiding Judge of the Superior Court, or another judge appointed by the Presiding Judge (Penal Code Section 911, 924.1 (a) and 929). Similarly, the Grand Jury is precluded by law from disclosing the identity of witnesses except upon an order of the court for narrowly defined purposes (Penal Code Section 924.2 and 929). COUNTY EMPLOYEE OVERPAYMENT: THE GIFT OF GIVING BACKGROUND: A gift is defined as something voluntarily transferred by an individual or entity to another individual or entity without compensation; whereas compensation is payment that constitutes an equivalent or recompense as for a service rendered or damage incurred. Attachment B of California Constitution, Article 16, Public Finance, and Section 6 stipulates: The legislature shall have no power to give or to lend, or to authorize the giving or lending, of the credit of the State, or of any county, city and county, city, township or other political corporation or subdivision of the State now existing, or that may be hereafter established, in aid of or to any person, association, or corporation, whether municipal or otherwise, or to pledge the credit thereof, in any manner whatever, for the payment of the liabilities of any individual, association, municipal or other corporation whatever; nor shall it have power to make any gift or authorize the making of any gift, of any public money or thing of value to any individual, municipal or other corporation... REASON FOR INVESTIGATION: A citizen’s complaint of unfair treatment by a Tulare County Governmental Agency (County) was received by the Tulare County Grand Jury (Grand Jury) for investigation and resolution, pursuant to California Penal Code §925 and §925a. The specifics of the complaint alleged unfair treatment due to a County demand for repayment of monies that were incorrectly overpaid to the complainant. Sixty nine pay periods had elapsed before the complainant, and approximately 110 additional employees, were notified of either overpayments or underpayments. Due to the significant length of time that had transpired before the complainant’s notification of demand for repayment totaling over $3,000.00, the complainant claimed to have been wronged because there was no initial notification that the “benefit amount was going to change.” The complainant also said that if there had been proper communication regarding a benefit change “I could have asked questions or disputed it at that time.” The complainant believes the County should have had more proactive oversight that would have precluded the need for a substantial payback. As a result, the complainant had asked for relief, citing the County’s lack of accountability and transparency in the matter. County administrative personnel explained during an interview with the Grand Jury that previous budget cuts had negatively impacted the quality of accounting standards and controls. According to County personnel these problems have been resolved. METHOD OF INVESTIGATION: The Grand Jury began its inquiry by scheduling interviews with the complainant, an administrator, and several accountant/auditors, in addition to obtaining pertinent data for review. In addition to interviews with County administrative and accounting personnel, the Grand Jury reviewed applicable California Government Codes. Upon request, the County submitted pertinent documents to the Grand Jury for further review. FACTS:
F20:
TCOE operates programs designed to meet the full range of needs for mildly handicapped to profoundly handicapped students. Services provided by these programs can range from Designated Instructional Services (DIS) – which supplement regular classroom instruction – to Special Day Classes (SDC) for students whose needs call for modified curriculum.
F21:
TCOE also provides home or hospital instruction as well as residential private placement.
F22:
In additional to those programs/services noted above, TCOE also provides: a. The Bright Start Parent/Infant Program which serves children from birth to age 3 who have, or are at risk of having, disabilities. b. Educational services to at-risk students who attend Court and Community Schools and to incarcerated youth. c. Special education services for developmentally disabled students throughout the County.
F23:
The graph presented below depicts the allocation of TCOE’s Special Education funding for the 2014-2015 school year. (see chart 23) FINDING: F1. The 60 day initial evaluation process of students having special education needs may be overly lengthy.
F24:
The following teen pregnancy prevention programs were in place at the schools the Grand Jury visited: a. Positive Prevention Plus Supplemental Program b. Choices Prevention Program c. Health Science Adolescent Center for Disease Control d. California State National Health Standards e. Safe – Jim Sullivan Prevention Program
F25:
When asked by the Grand Jury, school personnel outlined factors which seem to affect the teenage pregnancy issue: 68 a. Limited Education - Student Dropouts b. Family Structure – Single Parents, Drug or Alcohol Issues c. Economics – Below poverty level d. Social Media – Movies, Internet usage, etc. e. Television Programs – “Teen Mom” and “16 and Pregnant”
F26:
School personnel identified a wide disparity in race and ethnicity, with rates among both African Americans and Hispanic teens remaining twice as high as other ethnic groups.
F27:
School personnel interviewed by the Grand Jury expressed their concerns that not enough parents were talking to their teenagers about pregnancies because they felt uncomfortable discussing the topic. Therefore, these parents felt the schools should handle this topic because of the training teachers received in that specific area.
F28:
School staff indicated that they did not provide counseling to young women facing an unintended pregnancy. School personnel did encourage the young women to talk to their parents and to stay in school. FINDINGS: F1. The majority of teen pregnancies in Tulare County are occurring with mothers 18-19 years of age. While still included in teen demographics, this age group is also considered adults. F2. While having a significantly higher rate than the state average, teen pregnancy rates have been steadily dropping in Tulare County. F3. The HHSA has numerous programs in place for pregnant teens and teen mothers. The majority of these programs assist teens after they are pregnant. Less focus was apparent in teen pregnancy prevention. F4. Although it may be difficult to prove a direct link, it is widely recognized that economic inequality, social marginalization and other structural factors affect teens’ sexual behavior patterns. How these behaviors are linked with teens’ race or ethnicity, educational achievements or family income is difficult to prove. F5. There was a wide disparity in race and ethnicity, with rates among both African Americans and Hispanic teens remaining twice as high as among other ethnic groups.
F29:
The following chart represents a summary of the total Actual Revenue, total Expenditures/ The following chart represents a summary of the total Actual Revenue, total Appropriations and Net Cost for the Office of the District Attorney for Fiscal Years 2011 – 2013: Expenditures/Appropriations and Net Cost for Fiscal Years 2011 – 2013: Section Total 2011 2012 2013-Estimated Total Revenue 33,.555599,,552255 2,582,209 3,104,808 Total 17,312,425 16,269,317 16,269,317 Expenditures/Appropriations Net Cost 13,752,099 13,164,509 13,164,509 FINDINGS: F1. A portion of the Tulare County community is not aware of the operations of the Office of the District Attorney. F2. The Tulare County community has a right to know about the cases in the Tulare County co6u rt system. REQUIRED RESPONSES:
Additional Recommendations
9
Not linked to specific findings.
R1:
Tulare County continue to implement and monitor financial safety measures for eligible employee benefit calculations.
R2:
The Tulare County Auditor undertake procedures to ensure that periodic comprehensive payroll audits of each county department are monitored. REQUIRED RESPONSES: 1. Tulare County Auditor/Controller 2. Administrator, Human Resources & Development Department
R3:
First 5 Tulare County Program Officers have additional training in report writing for consistent Interpretations on the Program Reports.
R4:
First 5 Tulare County create a check list for verifying information between Financial Statements and Local Annual Report to prevent errors before distribution to the public. REQUIRED RESPONSES: 1. First 5 Tulare County 2. Tulare County Board of Supervisors
R5:
A manager or supervisor should take immediate, appropriate action when observing or receiving complaints of unlawful harassment.
R6:
All Tulare County personnel should follow harassment and discriminatory protocols.
R7:
Implement a zero-tolerance bullying policy.
R8:
Explore feasibility and alternatives for selecting a Grievance Panel Chair at Step 3.
R9:
Post anti-harassment signage in conspicuous areas such as break rooms, etc. REQUIRED RESPONSES: 1. Tulare County Human Resources & Development Department 2. Tulare County Board of Supervisors
Findings & Recommendations
29 findings
F1:
During the first inspection, the Grand Jury found the showers, toilet areas, and common areas in poor condition.
F2:
During the second inspection, the Grand Jury found the showers, toilet areas, and common areas had minimal improvements.
F3:
Distinct odor gave problems with air quality during the second inspection; several members of the Grand Jury inspection team experienced eye irritation, difficulty breathing and coughing during and for a short time after leaving the facility.
F4:
Tulare County Grand Jury is also concerned about air quality within the building for the inmates and the Sheriff’s Deputies.
F5:
Prior to the third inspection, the Sheriff Department had developed Weekly and Daily Maintenance Logs due to the request of the Grand Jury following the second inspection.
F6:
During the third visit there were noticeable improvements in the air quality of the showers and toilet areas.
F7:
During the third inspection, the Grand Jury discovered conditions had dramatically improved.
F8:
Presently, there are no food concessions or amusement rides within the park or museums.
F9:
Historical Summary of Benefits – Continuing Cash Benefits and Spending Impact in Tulare County in dollars 10,000,000 8,000,000 6,000,000 Cash Benefits Spending Impact 4,000,000 10,000,000 2,000,000 8,000,000 0 6,000,000 FY 09-10 FY 10-11 FY 11-12 FY 12-13 Cash Benefits Spending Impact 4,000,000 2,000,000 0 12,000,000 FY 09-10 FY 10-11 FY 11-12 FY 12-13
F10:
Historical Summary of Benefits – Veterans One Time Benefits and Spending Impact in Tulare County 10,000,000 in dollars 8,000,000 6,000,000 One Time Benefit 12,000,000 Spending Impact 4,000,000 10,000,000 2,000,000 8,000,000 0 6,000,000 FY 09-10 FY 10-11 FY 11-12 FY 12-13 One Time Benefit Spending Impact 4,000,000 2,000,000 0 FY 09-10 FY 10-11 FY 11-12 FY 12-13 62
F11:
The annual Veterans Opportunity Day is April 22, 2015, and will be held at the Tulare Memorial Building in Tulare. A wide variety of activities, benefits and opportunities will be available that day for all veterans in Tulare County.
F12:
TCVSO has an Outreach Program – bus wraps and bill boards to the rural areas, making contact with approximately 18,000 veterans in Tulare County by a Veterans Service Officer: a. Monthly Porterville visits b. Visalia Senior Center c. A 60 ft. bill board in Ducor d. North Valley bus wraps: one side in English and the back in Spanish
F13:
New advertising campaign “IF YOU SERVED – YOU EARNED” being shown at theaters and on television commercials for veterans to check with their local Veterans Service Office to see if they qualify for benefits.
F14:
Veterans Court was created as an alternative sentencing program for combat veterans who have committed a crime, with no criminal record prior to combat. It serves our veterans, many who suffer from Post-Traumatic Stress Disorder (PTSD), substance abuse, or psychological problems stemming from active service. In order to benefit from Veterans Court, the Veteran must plead guilty, participate in 18 months of mentoring and mental health programs, pay any fines, and attend monthly meetings. There have been 16 graduates since they started the program in April 2010 and not one has relapsed. Three are to graduate in March 2015. There is a Judge presiding over Veterans Court. The Veterans Court Program is a collaboration between agencies which include: a. Tulare County District Attorney b. Tulare County Probation Department c. Tulare County Superior Court d. Tulare County Veterans Service Office (TCVSO) e. Department of Veterans Affairs (VA) f. Central California Health Care System g. Veterans Counseling Clinic h. Law Enforcement Agencies throughout Tulare County
F15:
At this time, the TCVSO does not have enough space to meet the needs of the veterans. The building is currently owned by Am-Vets and there are no other available spaces that could accommodate TCVSO.
F16:
At this time, when a veteran requests water, a Veterans Service Officer will utilize a disposable cup to retrieve the drinking water from the restroom sink faucet. FINDINGS: F1. Private offices are crucial for the interview process of the veterans. F2. The Tulare County Veterans Medical Clinic has also overgrown its current location in Tulare and is searching for new facilities. F3. It is the goal of the TCVSO to relocate within close proximity of the Tulare County Veterans Medical Clinic. According to the TCVSO, these two veterans facilities need to remain in close proximity. F4. TCVSO facility is for the exclusive use of veterans with its own entrance and exits. F5. Benefits to all veterans are available, but a portion of the veterans are unaware of what they are entitled to.
F17:
Teen pregnancy rates at Orosi High School are reported to have dropped 50% from 2010 to 2014 with teen pregnancy awareness outreach funded by grant awards.
F18:
California Education Code 51933 states, “school districts may provide comprehensive sexual health education”. California Education Code 51934 states, “...all pupils in grades 7 to 12, inclusive, receive HIV/AIDS prevention education ...at least once...in middle school and at least once in high school.” TULARE COUNTY SCHOOL SURVEYS:
F19:
All the schools visited by the Tulare County Grand Jury met the California State requirement to teach HIV/AIDS prevention once in middle school and once in high school.
F20:
The classroom teachers or Tulare County Office of Education (TCOE) staff taught the HIV/AIDS lessons after receiving at least two days of training by TCOE.
F21:
Parents are notified by a school letter prior to starting an HIV/AIDS and sexual education unit in the classroom.
F22:
All parents are given a choice whether their student should take the class.
F23:
The curriculum was decided by the local school board. The following HIV/AIDS instruction was implemented at some of the schools the Grand Jury visited: a. Positive Prevention HIV/STD Prevention for California Youth b. Focus on Youth c. Making Proud Choices d. Making a Difference e. American Red Cross/Center for Disease Control
F24:
The following teen pregnancy prevention programs were in place at the schools the Grand Jury visited: a. Positive Prevention Plus Supplemental Program b. Choices Prevention Program c. Health Science Adolescent Center for Disease Control d. California State National Health Standards e. Safe – Jim Sullivan Prevention Program
F25:
When asked by the Grand Jury, school personnel outlined factors which seem to affect the teenage pregnancy issue: 68 a. Limited Education - Student Dropouts b. Family Structure – Single Parents, Drug or Alcohol Issues c. Economics – Below poverty level d. Social Media – Movies, Internet usage, etc. e. Television Programs – “Teen Mom” and “16 and Pregnant”
F26:
School personnel identified a wide disparity in race and ethnicity, with rates among both African Americans and Hispanic teens remaining twice as high as other ethnic groups.
F27:
School personnel interviewed by the Grand Jury expressed their concerns that not enough parents were talking to their teenagers about pregnancies because they felt uncomfortable discussing the topic. Therefore, these parents felt the schools should handle this topic because of the training teachers received in that specific area.
F28:
School staff indicated that they did not provide counseling to young women facing an unintended pregnancy. School personnel did encourage the young women to talk to their parents and to stay in school. FINDINGS: F1. The majority of teen pregnancies in Tulare County are occurring with mothers 18-19 years of age. While still included in teen demographics, this age group is also considered adults. F2. While having a significantly higher rate than the state average, teen pregnancy rates have been steadily dropping in Tulare County. F3. The HHSA has numerous programs in place for pregnant teens and teen mothers. The majority of these programs assist teens after they are pregnant. Less focus was apparent in teen pregnancy prevention. F4. Although it may be difficult to prove a direct link, it is widely recognized that economic inequality, social marginalization and other structural factors affect teens’ sexual behavior patterns. How these behaviors are linked with teens’ race or ethnicity, educational achievements or family income is difficult to prove. F5. There was a wide disparity in race and ethnicity, with rates among both African Americans and Hispanic teens remaining twice as high as among other ethnic groups.
F29:
The following chart represents a summary of the total Actual Revenue, total Expenditures/ The following chart represents a summary of the total Actual Revenue, total Appropriations and Net Cost for the Office of the District Attorney for Fiscal Years 2011 – 2013: Expenditures/Appropriations and Net Cost for Fiscal Years 2011 – 2013: Section Total 2011 2012 2013-Estimated Total Revenue 33,.555599,,552255 2,582,209 3,104,808 Total 17,312,425 16,269,317 16,269,317 Expenditures/Appropriations Net Cost 13,752,099 13,164,509 13,164,509 FINDINGS: F1. A portion of the Tulare County community is not aware of the operations of the Office of the District Attorney. F2. The Tulare County community has a right to know about the cases in the Tulare County co6u rt system. REQUIRED RESPONSES:
Additional Recommendations
7
Not linked to specific findings.
R1:
Continue to follow the new policies and procedures as established by the Tulare County Sheriff’s Office.
R2:
The Tulare County Sheriff’s Office needs to follow-up on systematic monitoring of air quality.
R3:
Continue to pursue contract process for Main Jail improvements. REQUIRED RESPONSES: 1. Sheriff – Coroner 2. Board of Supervisors
R4:
Mobile vendors could be contracted to drive through the park to sell wares to give the public an opportunity to buy.
R5:
Increase marketing of the park for special events. REQUIRED RESPONSES: 1. Board of Supervisors 2. Tulare County General Services 3. Tulare County Department of Parks and Recreation
R25-40:
years Plastic Containers
R50-80:
years Disposable Diapers 75 years Tin Cans 100 years Aluminum Cans 200-500 years Styrofoam NEVER F2. Determining a landfill location requires an environmental impact study at the site. It can take up to twenty years and cost in excess of $15,000,000.00 before a landfill can be authorized or operational. F3. Recycling programs are in place at both Teapot Dome and Visalia Landfills. Recycling programs include wood and yard waste, tires, construction and demolition debris, metal, and appliances and, as of January 1, 2015, mattresses. F4. In place are constant measures to monitor for methane, ground water and any pollutants that may leak from the landfills. These systems are mandated by state, federal and county laws which are in place forever. F5. Equipment such as a new Caterpillar D-7 Dozer costs $800,000.00. This dozer is used for pushing, spreading, compacting waste and deploying Alternative Cover (ADC) Tarps (ADC reduces the amount of soil necessary for cover by use of tarps). RECOMMENDATIONS: 1. None REQUIRED RESPONSES: 1. Solid Waste Department Disclaimer Grand Jury reports are based on documentary evidence and the testimony of sworn or admonished witnesses, not on conjecture or opinion. However, the Grand Jury is precluded by law from disclosing such evidence except upon specific approval of the Presiding Judge of the Superior Court, or another judge appointed by the Presiding Judge (Penal Code Section 911, 924.1 (a) and 929). Similarly, the Grand Jury is precluded by law from disclosing the identity of witnesses except upon an order of the court for narrowly defined purposes (Penal Code Section 924.2 and 929). Rates of Decomposition for Various Forms of Wastes 9 4
Findings & Recommendations
6 findings
F1:
Private offices are crucial for the interview process of the veterans.
F2:
The Tulare County Veterans Medical Clinic has also overgrown its current location in Tulare and is searching for new facilities.
F3:
It is the goal of the TCVSO to relocate within close proximity of the Tulare County Veterans Medical Clinic. According to the TCVSO, these two veterans facilities need to remain in close proximity.
F4:
TCVSO facility is for the exclusive use of veterans with its own entrance and exits.
F5:
Benefits to all veterans are available, but a portion of the veterans are unaware of what they are entitled to.
F6:
The pregnancy rate for 18-19 year old teens (adults) in Tulare County is significantly higher than the state average. The rate for the 15-17 years age range (minors) is closer to the state average (see chart). 66
Additional Recommendations
2
Not linked to specific findings.
R1:
Drinking fountain or water dispenser to be provided for the clients visiting the TCVSO.
R2:
Once the relocation of the Medical Clinic is determined, a search for a new TCVSO facility shall be in close proximity with private offices for counseling. REQUIRED RESPONSES: 1. Director, Tulare County Health and Human Services Agency
Findings & Recommendations
3 findings
F1:
LAFCO intent was to create county (or area) agencies that could bring order and planning into overlapping jurisdictional and service boundaries that were becoming common circa 1963.
Related Recommendations (1)
R1:
Tulare County Special Districts are required to comply with minimum auditing requirements as set forth by the State Controller. Records of such audits are to be filed with the County Auditor as further required by CGC §26909.
F2:
During its research of independent special districts, the Grand Jury learned that reviews and investigations of special districts are not uncommon.
Related Recommendations (1)
R2:
Tulare County Special Districts should undertake an audit conducted by the County Auditor or a Certified Public Accountant/public accountant: a. Have sufficient knowledge and training to enable compliance with both generally accepted auditing standards and generally accepted government auditing standards. b. Have a thorough knowledge of the fundamental principles of governmental accounting, including both fund accounting and enterprise accounting. c. Comply with Government Auditing Standards as promulgated by the United States General Accounting Office when applicable (e.g., Single Audit Act, required by agreement or contract, etc.). REQUIRED RESPONSES: 1. Local Agency Formation Commission 2. County of Tulare Auditor-Controller 3. The following Districts which have not filed their audit report with the County by the required due date: DISTRICT ONE Eshom Valley Public Cemetery District ( ) Kaweah Delta Water Conservation District Lemon Cove Sanitary District Lewis Creek Water District Lindsay Local Hospital District Lindsay-Strathmore Memorial District Poplar Community Services District Sequoia Memorial District Three Rivers Memorial District Three Rivers Public Cemetery District DISTRICT TWO Allenworth Community Services District Alpaugh Community Services District Atwell Island Water District Deer Creek Storm Water District Friant Power Authority Teviston Community Services District Tipton Community Services District Tipton-Pixley Public Cemetery District Tulare Irrigation District Tulare Local Healthcare District Kaweah River Power Authority District Visalia Memorial District DISTRICT FOUR Dinuba Veteran's Memorial District Ivanhoe Public Utility District Kingsburg Hospital District Orosi Public Utility District St. John's Water District Woodlake Veterans Memorial District DISTRICT FIVE Porterville Memorial District Springville Veteran's Memorial District Terra Bella Memorial District Vandalia Water District
F3:
Many special districts are not complying with State mandated annual audits conducted by the County Auditor or a Certified Public Accountant.
Related Recommendations (1)
R3:
None. Response 3: The District generally agrees that this finding could be correct but does not have specific independent information to corroborate it. No recommendation was made and hence no recommendation can be implemented as to this finding. However, the District has historically complied with state mandated annual audit requirements by having a Certified Public Accountant undertake such audits and then submit the resulting audit report to the California State Controller's Office (SCO) and the County Auditor. If you have any questions or concerns, please advise us and we will respond as expeditiously as possible. Respectfully, Michael L. Farley Moses Diaz Enclosure(s): (none) (KHD) CC: Lemon Cove Sanitary District Lemon Cove Water P. O. Box 44374 Lemon Cove, CA 93244-0151 June 1, 2015 TO: The Honorable Judge Bret Hillman Tulare County Grand Jury FROM: Lemon Cove Sanitary District SUBJECT: Special Districts - Audit Failures Report On May 28, 2015, the Tulare County Grand Jury provided a report to the Lemon Cove Sanitary District, including it, in F3 of its Report, on a list of twenty special districts in Tulare County which allegedly had failed to file audit reports with the County of Tulare by the required due date. For purposes of subdivision (b) of §933.05 of the Penal Code, the directors of the Lemon Cove Sanitary District do respond as follows: The Lemon Cove Sanitary District has complied with California Government Code §26909, and therefore, disagrees with the finding that it has failed to conduct annual audits. The District officers have no proof that such filing was accomplished, and therefore know nothing of the timeliness of such, but have been assured that it was done. The District is in contact with the Auditor's Office monthly, and were never informed by them that the audit reports were not filed. Audit Reports are customarily sent directly from the C.P.A. performing them, according to Government Auditing Standards protocol, as are the State mandated Local Government Financial Transactions and Compensation Reports, which are sent directly to the State Controller's Office. In future years, an aspect of a "thorough review of reliable documents" should include an inquiry there, as those reports contain all pertinent data with respect to the officers of record and finances of special districts, and should be considered to be reliable. If there are any questions regarding this response, please contact me at (559) 597-2504, or e-mail me at [email protected]. William Pensar, Secretary CELVE Lemon Cove Sanitary District enail 505 405 47 401 17 Lemon Cove Sanitary District Lemon Cove Water P. O. Box 44374 Lemon Cove, CA 93244-0151 June 1, 2015 TO: The Honorable Judge Bret Hillman Tulare County Grand Jury FROM: Lemon Cove Sanitary District SUBJECT: Special Districts – Audit Failures Report On May 28, 2015, the Tulare County Grand Jury provided a report to the Lemon Cove Sanitary District, including it, in F3 of its Report, on a list of twenty special districts in Tulare County which allegedly had failed to file audit reports with the County of Tulare by the required due date. For purposes of subdivision (b) of §933.05 of the Penal Code, the directors of the Lemon Cove Sanitary District do respond as follows: The Lemon Cove Sanitary District has complied with California Government Code §26909, and therefore, disagrees with the finding that it has failed to conduct annual audits. The District officers have no proof that such filing was accomplished, and therefore know nothing of the timeliness of such, but have been assured that it was done. The District is in contact with the Auditor's Office monthly, and were never informed by them that the audit reports were not filed. Audit Reports are customarily sent directly from the C.P.A. performing them, according to Government Auditing Standards protocol, as are the State mandated Local Government Financial Transactions and Compensation Reports, which are sent directly to the State Controller's Office. In future years, an aspect of a "thorough review of reliable documents" should include an inquiry there, as those reports contain all pertinent data with respect to the officers of record and finances of special districts, and should be considered to be reliable. If there are any questions regarding this response, please contact me at (559) 597-2504, or e-mail me at [email protected]. W. Muis William Pensar, Secretary Lemon Cove Sanitary District South Mooney Boulevard Visalia, CA 93277 (559) 624-7295 • Fax (559) 733-6078 July 30, 2015 Lemon Cove Sanitary District Lemon Cove Water P. O. Box 44374 ····································· Lemon Cove, CA 93244-0151 Attn: William Pensar RE: 2014-2015 Final Report Special Districts - Audit Failures Dear Mr. Pensar, Thank you for your response in regards to the above mentioned Grand Jury report. However, in your response you did not adequately address the following items:
Additional Recommendations
2
Not linked to specific findings.
R4:
program for special district board members posted at: http://tularecounty.ca.gov/board/index.cfrn/governance/
R30:
Recommendations numbered R1 and R2 for the District's 2010/2011, 2011/2012, 2012/2013 and 2013/2014 fiscal years require further analysis. 1705702v1 / 18699.0001 5108325695 Waterfront Hotel Oakland 12:06:24 p.m. 2/2 09-10-2015 As the District was inactive, it does not appear from the records in my possession that there has been an independent audit for the District completed in at least four or five years. We have some financial information, but I do not believe it is enough to satisfy an audit. I have requested additional information from a past board trustee of the District. Otherwise, I have no knowledge as to whether or not an audit was conducted. If we receive no additional information by December 30, 2015, these recommendations will not be implemented because we do not have the necessary information. Date: September 9, 2015 Signed: Matthew H. Hurley General Manager Deer Creek Storm Water District 1705702v1 / 18699.0001 DELTA VECTOR CONTROL DISTRICT Michael W. Alburn Yolanda M. Lourenco Manager Post Office Box 310 * Visalia, California 93279-0310 Assistant Manager 1737 West Houston Avenue * Visalia, California 93291 Phone (559) 732-8606 * (877) 732-8606 * Fax (559)-732-7441 Paul D. Jobe Sheri D. Davis Superintendent www.deltavcd.com Administrative Assistant Mark D. Dynge Systems Administrator June 12, 2015 Chuck White, S. Mooney Boulevard Visalia, CA 93277 RE: Special District Audit Failures - Delta Vector Control District Response Dear Mr. White: The Delta Vector Control District disagrees wholly with the finding that financials for the years ending 6/30/10, 6/30/13 and 6/3014 were not provided to the County of Tulare Auditor Controller. In each of these instances the District Audit performed by Michael Oxenreider, CPA was provided to the front desk staff at the Auditor Controller office by the hand of Sheri Davis, Administrative Assistant, Delta Vector Control District, in the timely manner required (CGC §26909 (a)(2)). The District has resubmitted the financials to Rita Woodard, Auditor Controller by Certified Mail through the U.S. Postal Service on June 11, 2015. Going forward the District will submit the financial report each year in the same manner ensuring a receipt of such submission when requested by outside authority. The Delta Vector Control District takes seriously its responsibility for ensuring proper accountability and annually contracts an audit of its accounts. The current year ending June 30, 2015 audit will be performed by the firm of Price Paige & Company, selected after an RFP found them to be the most qualified for our needs. If I can be of any further assistance please do contact me. Sincerely, Evan D. Long Delta Vector Control District President Michael W. Alburn DELTA VECTOR CONTROL DISTRICT Yolanda M. Lourenco Post Office Box 310 * Visalia, California 93279-0310 Manager Assistant Manager Paul D. Jobe 1737 West Houston Avenue * Visalia, California 93291 Sheri D. Davis Superintendent Phone (559) 732-8606 * (877) 732-8606 * Fax (559)-732-7441 Administrative Assistant Mark D. Dynge www.deltavcd.com Systems Administrator August 3, 2015 Chuck White, S. Mooney Boulevard Visalia, CA 93277 RE: Special District Audit Failures - Delta Vector Control District Response Dear Mr. White:
Findings & Recommendations
7 findings
F1:
米 During the first inspection, the Grand Jury found the showers, toilet areas, and BOARD STAFF common areas in poor condition. Julieta Martinez Response: The Board agrees with this finding. Allison Pierce
Related Recommendations (2)
R1:
Continue to follow the new policies and procedures as established by the Tulare County Sheriff's Office. Response: The recommendation has been implemented. The Tulare County Main Jail has continued with its established cleaning procedures for all housing floors. The shower curtains were replaced with new ones, as have the floor mats in all showers. Staff members have continued to utilize "Bathroom Brite E-San 64" for the daily cleaning of all showers and a pressure washer has been purchased to assist in cleaning of the shower 4 25 35 mats. All shower mats are cleaned on a weekly basis, unless specific cleaning is needed earlier.
R3:
Continue to pursue contract process for Main Jail improvements. Response: The recommendation is in the process of being implemented under the interpretation that the recommendation refers to the bid process to perform specified improvements. On 02/16/15, repairs and refurbishment were started on the inmate showers at the Main Jail. Upon starting the repairs and painting on the showers, an unforeseen issue with the paint not adhering to the tile in the showers was discovered. There has been a temporary pause in painting until a solution for these issues can be corrected, which we anticipate will be soon. Sincerely, Steven Worthley, Chairman Tulare County Board of Supervisors Julare County Office of MIKE BOUDREAUX Sheriff-Coroner 2404 W. Burrel Ave Visalia, CA 93291-4580 Proudly Serving Since 1852 (559) 636-4716 April 14, 2015 Administration The Honorable Brett D. Hillman (559) 636-4690 Tulare County Superior Court Magistrate County Civic Center, Room 303 Detentions 221 S. Mooney Boulevard (559) 735-1700 Visalia, CA 93291 Investigations Re: Main Jail Inspection (559) 735-1898 Dear Judge Hillman, Operations (559) 636-4625 The following is my response concerning the findings and recommendations of the Grand Jury Report regarding the Tulare County Main Jail Inspection.
F2:
Melissa Withnell During the second inspection, the Grand Jury found the showers, toilet areas and common areas had minimal improvements. 米 Response: The Board agrees with this finding. CLERK OF
Related Recommendations (2)
R1:
Continue to follow the new policies and procedures as established by the Tulare County Sheriff's Office. Response: The recommendation has been implemented. The Tulare County Main Jail has continued with its established cleaning procedures for all housing floors. The shower curtains were replaced with new ones, as have the floor mats in all showers. Staff members have continued to utilize "Bathroom Brite E-San 64" for the daily cleaning of all showers and a pressure washer has been purchased to assist in cleaning of the shower 4 25 35 mats. All shower mats are cleaned on a weekly basis, unless specific cleaning is needed earlier.
R3:
Continue to pursue contract process for Main Jail improvements. Response: The recommendation is in the process of being implemented under the interpretation that the recommendation refers to the bid process to perform specified improvements. On 02/16/15, repairs and refurbishment were started on the inmate showers at the Main Jail. Upon starting the repairs and painting on the showers, an unforeseen issue with the paint not adhering to the tile in the showers was discovered. There has been a temporary pause in painting until a solution for these issues can be corrected, which we anticipate will be soon. Sincerely, Steven Worthley, Chairman Tulare County Board of Supervisors Julare County Office of MIKE BOUDREAUX Sheriff-Coroner 2404 W. Burrel Ave Visalia, CA 93291-4580 Proudly Serving Since 1852 (559) 636-4716 April 14, 2015 Administration The Honorable Brett D. Hillman (559) 636-4690 Tulare County Superior Court Magistrate County Civic Center, Room 303 Detentions 221 S. Mooney Boulevard (559) 735-1700 Visalia, CA 93291 Investigations Re: Main Jail Inspection (559) 735-1898 Dear Judge Hillman, Operations (559) 636-4625 The following is my response concerning the findings and recommendations of the Grand Jury Report regarding the Tulare County Main Jail Inspection.
F3:
THE BOARD Michelle Baldwin Distinct odor gave problems with air quality during the second inspection; several Chief Clerk members of the Grand Jury inspection team experienced eye irritation, difficulty breathing and coughing during and for a short time after leaving the facility. 米 Administration Bldg. 2800 West Burrel Visalia, CA 93291 1.00 Response: The Board cannot agree or disagree with this finding since the Board does not know what the members of the Grand Jury experienced or the cause of any experiences.
Related Recommendations (1)
R2:
The Tulare County Sheriff's Office needs to follow-up on systematic monitoring of air quality. Response: The recommendation has been implemented. The Sheriff has purchased and installed additional fans to assist the air circulation for each of the housing floors. Our maintenance staff are also inspecting the air filters at the Main Jail every 30 days and replacing them if needed, but filters will be replaced regardless at 60 days. Main Jail maintenance staff have also increased the air purging system at the Main Jail and cleaned numerous vents and vent shafts to assist with the air quality.
F4:
Tulare County Grand Jury is also concerned about air quality within the building for the inmates and Sheriff's Deputies. Response: The Board cannot agree or disagree with this finding since the Board does not have knowledge of the concerns of the Grand Jury.
Related Recommendations (1)
R2:
The Tulare County Sheriff's Office needs to follow-up on systematic monitoring of air quality. Response: The recommendation has been implemented. The Sheriff has purchased and installed additional fans to assist the air circulation for each of the housing floors. Our maintenance staff are also inspecting the air filters at the Main Jail every 30 days and replacing them if needed, but filters will be replaced regardless at 60 days. Main Jail maintenance staff have also increased the air purging system at the Main Jail and cleaned numerous vents and vent shafts to assist with the air quality.
F5:
Prior to the third inspection, the Sheriff Department had developed Weekly and Daily Maintenance Logs due to the request of the Grand Jury following the second inspection. Response: The Board agrees with this finding.
F6:
During the third visit there were noticeable improvements in the air quality of the showers and toilet areas. Response: The Board cannot agree or disagree with this Finding since the Board does not have knowledge of what the members of the Grand Jury experienced on either visit.
F7:
During the inspection, the Grand Jury discovered conditions had dramatically improved. Response: The Board agrees with this finding.
Findings & Recommendations
7 findings
F1:
During the first inspection, the Grand Jury found the showers, toilet areas, and common areas in poor condition.
F2:
During the second inspection, the Grand Jury found the showers, toilet areas, and common areas had minimal improvements.
F3:
Distinct odor gave problems with air quality during the second inspection; several members of the Grand Jury inspection team experienced eye irritation, difficulty breathing and coughing during and for a short time after leaving the facility.
F4:
Tulare County Grand Jury is also concerned about air quality within the building for the inmates and the Sheriff’s Deputies.
F5:
Prior to the third inspection, the Sheriff Department had developed Weekly and Daily Maintenance Logs due to the request of the Grand Jury following the second inspection.
F6:
During the third visit there were noticeable improvements in the air quality of the showers and toilet areas.
F7:
During the third inspection, the Grand Jury discovered conditions had dramatically improved.
Additional Recommendations
3
Not linked to specific findings.
R1:
Continue to follow the new policies and procedures as established by the Tulare County Sheriff’s Office.
R2:
The Tulare County Sheriff’s Office needs to follow-up on systematic monitoring of air quality.
R3:
Continue to pursue contract process for Main Jail improvements. REQUIRED RESPONSES: 1. Sheriff – Coroner 2. Board of Supervisors
Findings & Recommendations
2 findings
F1:
J. Steven Worthley The Tulare County Public Defender's Office exceeds the standards set by the Dir*rict Four United States Department of Justice on Standards for both Felony and Misdemeanor caseloads per attorney. Mike Ennis District Five Response: The Board of Supervisors agrees with the finding. 米
Related Recommendations (1)
R1:
Despite the additional burden of 200 Misdemeanor cases, there is no evidence CLERK OF that the Public Defender may not adequately represent their clients; however, the THE BOARD Tulare County Grand Jury recommends that staff be hired to accommodate the Michelle Baldwin additional case loads Chief Clerk 釆 Administration Blda. 2800 West Burrel Visalia, CA 93291 Response: The recommendation has not yet been implemented but will be considered for future implementation as allowed by budgetary considerations. All County departments experienced budget cuts during the recession which resulted in position allocations being held vacant, and step and merit increases being suspended. The Board of Supervisors restored step and merit increases in FY 2011/12 and provided a 3% increase to attorneys in FY 2013/14. The Public Defender has one attorney position held vacant for budgetary purposes. The ability to unfreeze the vacant position and/or add new position allocations will be determined by future County revenues. With unknown potential impacts of the drought on future property tax revenues, a specific timeframe cannot be provided at this time.
F2:
BOARD STAFF The current pay scale has not been increased for several years. Julieta Martinez Response: The Board of Supervisors disagrees with the finding. Allison Pierce In FY 2008/09, attorneys received a 3% increase that was blended from attorneys I through V. In FY 2013/14, attorneys received another 3% increase. 米
Related Recommendations (1)
R2:
The Tulare County Grand Jury recommends that the current pay scale be increased. Response: The recommendation has not yet been implemented but will be considered for future implementation as allowed by budgetary considerations. In FY 2008/09, attorneys received a 3% increase that was blended from attorneys I through V. The Board of Supervisors restored step and merit increases in FY 2011/12, and provided a 3% increase to attorneys in FY 2013/14. Additionally, attorneys receive step and merit increases that are accelerated as compared to other positions in the County; they are eligible to receive salary increases every six months between an Attorney I, Step 1 through an Attorney V, Step 2 level. Sincerely, Phillip A. Cox, Chairman Tulare County Board of Supervisors LAW OFFICES OF THE PUBLIC DEFENDER County of Tulare Lisa Bertolino Thomas McGuire Public Defender Assistant Public Defender Porterville Office Visalia Office Juvenile Office 633 N. Westwood Courthouse Room G-35 Juvenile Justice Center Porterville, CA 93257 11200 Ave. 368, Room 103 221 S. Mooney Blvd. (559) 782-6960 Visalia, CA 93291 Visalia, CA 93291 Fax: (559) 782-3936 (559) 636-4500 (559) 735-1435 Fax: (559) 733-6113 Fax: (559) 713-3229 July 17, 2014 S. Mooney Blvd. Visalia, CA 93277 The Honorable Judge Gary Paden County Civic Center, Room 303 Visalia, CA 93291 Tulare County Board of Supervisors 2800 W. Burrel Ave. Visalia, CA 93291 To the Honorable Judge Gary Paden, Tulare County Grand Jury Members and Tulare County Board of Supervisors: First I would like to thank the Grand Jury members for choosing to investigate the workings of the Office of the Public Defender for your 2013/14 report. The services that our office provides to the citizens of Tulare County are a critical component of our justice system, and I am proud of the quality representation that this office provides. Following is my response to the findings and recommendations made in the 2013/14 report pursuant to Penal Code sections 933(c) and 933.05:
Findings & Recommendations
2 findings
F1:
A portion of the Tulare County community is not aware of the operations of the Office of the District Attorney.
F2:
The Tulare County community has a right to know about the cases in the Tulare County court system. REQUIRED RESPONSES: 1. District Attorney 🗸 2. Board of Supervisors Disclaimer Grand Jury reports are based on documentary evidence and the testimony of sworn or admonished witnesses, not on conjecture or opinion. However, the Grand Jury is precluded by law from disclosing such evidence except upon specific approval of the Presiding Judge of the Superior Court, or another judge appointed by the Presiding Judge (Penal Code Section 911, 924.1 (a) and 929). Similarly, the Grand Jury is precluded by law from disclosing the identity of witnesses except upon an order of the court for narrowly defined purposes (Penal Code Section 924.2 and 929). County of Tulare BOARD OF May 19, 2015 SUPERVISORS The Honorable Judge Hillman Allen R. Ishida Tulare County Superior Court, Room 303 District One 221 South Mooney Boulevard Visalia, CA 93291 Pete Vander Poel Dear Judge Hillman: District Two On behalf of the Board of Supervisors, the following are the Board's responses to Phillip A. Cox the findings and recommendations included in the 2014/2015 Tulare County Grand District Three Jury Report titled DA - We Are Your Investigative Arm. The Board of Supervisors has no independent basis by which to respond to the specific findings and
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Findings & Recommendations
6 findings
F1:
In Tulare County many Judges were giving a straight sentence for the term in jail.
F2:
Due to overcrowding in the jail, split sentencing is encouraged versus straight sentence.
F3:
According to Governor Brown, Tulare County was used as the model for CCP.
F4:
Courts need more funding and the funding allocation will come later into play.
F5:
A study was conducted of 2008-2010 violators who went to prison and are profiled - common denominators were substance abuse.
F6:
Statistical data has shown that the administration of programs to be effective in reducing recidivism rates.
Additional Recommendations
1
Not linked to specific findings.
R1:
CCP continue to provide the current services available to its clients. REQUIRED RESPONSES: 1. Tulare County Community Corrections Partnership
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Findings & Recommendations
7 findings
F1:
The Ordinance Code specifies the process for determining the BOS salaries. This Ordinance Code Section was adopted on September 22, 1998, at a regularly scheduled BOS meeting in public session. This ordinance was amended twice: October 22, 1998, and February 16, 2013.
F2:
Fresno, Merced and Madera Counties BOS salaries are linked to their Superior Court Judges’ salaries.
F3:
Kern and San Joaquin Counties BOS salaries are linked to a formula of employee groups’ negotiations.
F4:
Stanislaus County BOS salary is linked to a percentage of an average of Fresno, Kern, Kings, Madera, Merced, San Joaquin and Tulare Counties BOS salaries.
F5:
Tulare County BOS salary is linked to four County elected officials: Sheriff/Coroner, District Attorney, Assessor/Recorder, and Auditor/Controller.
F6:
The majority of Tulare County Rank and File employees receive raises through the collective bargaining process. 7
F7:
The Current Tulare County BOS salaries ranked fourth out of the nine Southern San Joaquin Valley counties researched, based on BOS salaries. Table 1, Comparison of Relevant Data from the Nine County Region Table 1, Comparison of Relevant Data from the Nine County Region Southern San Joaquin Valley Data County County Median Budget Base BOS Name Population* Income ($)* ($Millions) Salary ($) Fresno 955,272 45,761 2,040 110,766 Kern 864,124 47,727 2,210 105,107 Merced 263,228 43,565 468 98,261 Tulare 454,143 43,803 1,009 95,678 San Joaquin 685,306 53,764 1,349 95,439 Stanislaus 525,491 49,866 945 74,776 Madera 152,389 47,937 215 71,515 Kings 150,960 48,761 269 55,932 Median Data 489,817 47,832 977 95,559 *County Population and Median Income table based on 2010 Census Data *County Population and Median Income table based on 2010 Census Data County Budget shown current 2013-2014 budget or proposed 2014-15 budget available at time of research. Base Board of Supervisor Pay current information available and does not reflect benefits packages or any additional pay. ATTACHMENTS Attachment 1 Tulare County Code, Part 1, Article 3, Chapter 7 1-07-1060 COMPENSATION OF SUPERVISORS: (a) As of October 21, 2012, each member of the Board of Supervisors shall receive three thousand four hundred seventy six dollars and nineteen cents ($3476.19) per pay period as payment for all services. This amount is intended to be and is the full salary for the member’s service as a member of the Board of Supervisors, and as a member of the board of any other entity for which the Board of Supervisors sits as the governing body. (b) In addition to the salary set forth in subdivision (a) of this section, the Chairman of the Board of Supervisors shall receive an additional amount of eight per cent of base salary for all services performed as Chairman. 8 (c) In addition to the salary set forth in subdivision (a) of this section, the Vice-Chairman of the Board of Supervisors shall receive an additional amount of four percent of base salary for all services performed as Vice Chairman. (d) The Board of Supervisors and County elected officers may receive salary increases, if any, only one time yearly, at the adoption of the annual budget. These increases will be done via Action items on the Board of Supervisors agenda, not on the consent portion. Any increase to the salary of the Board of Supervisors will be effective sixty (60) days after the adoption of the annual budget. Any increase to the salary of all other elected officials will be effective at the adoption of the annual budget. (e) If the other County elected officers receive cost of living salary adjustments, or any salary adjustment other than an adjustment based upon merit or performance, during any calendar year, then the members of the Board of Supervisors shall receive the average adjustment of these other elected officers effective sixty (60) days after the date of the elected officers’ adjustment. (Amended by Ord No. 3211, effective October 22, 1998; amended by Ord. No. 3444, effective 2-16-13) CONCLUSION:
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* This report's PDF did not contain easily extractable text and required Optical Character Recognition (OCR) for analysis. There may be minor errors in the extracted findings and recommendations due to OCR limitations with scanned documents.