Tulare County Grand Jury
2022-2023
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Findings & Recommendations
5 findings
F1:
There is an increased volume and complexity of the calls for service in Tulare County.
F2:
The last 5 years have been extremely challenging with the increase of fi re spread, Covid 19 slowing staff training and the need to add outside tree crews to get a handle on dead or diseased trees.
F3:
The new facility in 2022 helped with room and brought in state of the art equipment for much quicker response times.
F4:
TCFD has spent their budget appropriately to continue operating safely and economically to protect Tulare County communities.
F5:
TCFD needs to continue recruiting eff orts to fi nd and hire qualifi ed individuals.
Additional Recommendations
2
Not linked to specific findings.
R1:
Continue to work with local fi re agencies through cooperative agreements.
R2:
Continue recruiting eff orts. REQUESTS FOR RESPONSE: 1. Tulare County Fire Department Findings F1- F5 Recommendations R1-R2 27 TULARE COUNTY CIVIL GRAND JURY FINAL REPORT 2022-2023 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 specifi c 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 defi ned purposes (Penal Code Section 924.2 and 929). TULARE COUNTY CIVIL GRAND JURY FINAL REPORT 2022-2023 IS YOUR FOOD SAFE? SUMMARY: The Tulare County Civil Grand Jury decided to see how well Tulare County Environmental Health (TCEH) is protecting the general health of the public, using mandated inspections of food facilities. BACKGROUND: There are over 2,300 food facilities in Tulare County covering 7 geographic areas. Over 3,000 inspections are conducted annually. The facilities are divided between permanent and mobile food facilities. Permanent food facilities are inspected 1-3 times annually based on the level of risk in that facility. Risk 1: Low risk, 1 inspection per year. Risk 2: Medium risk, 2 inspections per year. Risk 3: High risk, 3 inspections per year. Mobile food facilities receive 1 routine annual inspection at the offi ce. They also undergo unannounced fi eld inspections and are inspected at community events. The retail food oversight program is 1 of 19 TCEH programs. METHOD OF INVESTIGATION: 1. Received presentation of the current oversight program 2. Reviewed local media reports on inspections 3. Reviewed specifi c documents DISCUSSION: Retail food program oversight includes restaurants, retail stores, bars, schools, bakeries, temporary food facilities, mobile facilities, organized camps and detention facilities. Mobile facilities are defi ned as any vehicle used in conjunction with a commissary or other permanent food facility where food is sold. The TCEH food oversight program primary function is to address safety issues that pose a threat to the health, safety and well-being of residents and visitors. The food oversight program division is responsible for notifying vendors of code violations. A food handler card is required by California food safety laws. It is designed to ensure that commissary chefs, short order cooks, food handlers and other kitchen staff receive training in the fundamentals 29 TULARE COUNTY CIVIL GRAND JURY FINAL REPORT 2022-2023 of food safety and are equipped with knowledge of modern food safety practices to reduce the potential for foodborne illnesses or food contamination. TCEH inspects 445 Risk 1 facilities with 445 annual inspections, 1,263 Risk 2 facilities with 2,526 annual inspections and 176 Risk 3 facilities with 528 inspections annually. Permanent food facilities are inspected in four areas: 1. Employee health and hygiene (hair, nails, clothing, handwashing, salmonella, hepatitis A and norovirus). 2. Food temperatures (cooling, reheating and hot and cold holding). 3. Approved food source (growers, distributors, processing facilities and restaurants). 4. Sanitary facility conditions (vermin free, equipment and food preparation surfaces clean and sanitized). In addition to the basic requirements for a permanent food facility, mobile food inspections also include checks for structure/equipment adequate for menu, housing insignia, fresh/wastewater tanks, and approved commissary, access to toilet facilities, emergency exits and compression units. Any inspection with vermin or no running water will have an immediate closure. In 2010, the Excellence in Food Safety Awards Program was started. It recognizes restaurants that have consistent safe food-handling practices that achieve a score of 95 percent or above on three consecutive routine inspections. In 2019 awards were distributed to 447 restaurants. The program was put on hold in 2020 due to the COVID-19 pandemic. Local news media frequently publishes the results of food inspections.
Findings & Recommendations
9 findings
F1:
The funding provided through the cities or County General Fund or funds collected through donations and services revenue, is used in a positive manner to the best benefi t of animal and consumer.
F2:
The shelters, kennels, offi ce spaces and ground are clean and organized.
F3:
The staff is dedicated to their mission of taking in, caring for and ultimately rehoming the animals.
F4:
There seems to be every eff ort on behalf of the shelters to advertise for more staff and/or volunteers. There is low response that may be attributed to the pandemic that caused such a disruption in the fl ow of all services and the slow recovery back to normal.
F5:
The shelters try to come up with innovative ways to advertise for volunteers.
F6:
There are few outreach programs for volunteer opportunities.
F7:
Pet owners have been lacking in spaying/neutering their pets or keeping them secure.
F8:
The public, through fi nancial contributions, help make K9 programs possible.
F9:
Multiple breeds of dogs can be used as K9s.
Additional Recommendations
4
Not linked to specific findings.
R1:
Conduct outreach to high schools and colleges for community service credit.
R2:
Continue to apply for grants to cover the cost of spay/neuter programs.
R3:
Conduct more aggressive public education to promote services to reduce and control the pet population. REQUESTS FOR RESPONSES: 1. Tulare County Health and Human Services Agency
R50-80:
dog kennels and 24-99 cat cages, with multiple small animals housed together in a kennel/cage only if needed. All grounds are equipped with exercise yards as well. Only dogs are taken in at the Porterville Animals Services, the remaining shelters currently house dogs, cats, chickens, roosters, horses, pigs and fowl. As of October 2022, the total number of dogs/puppies housed per shelter ranged in numbers from 33-117 of all sizes and breeds. Cats/kittens in these shelters ranged in numbers from 7-29. Also housed were 10 roosters, 3 horses, 2 pigs and 1 fowl. There are 85 animals in “foster” care homes. The animals that are fostered out can be returned to the shelter if signs of behavioral issues arise or not rehomed etc. Every shelter’s numbers fl uctuate 38
Findings & Recommendations
10 findings
F1:
The Dream Center is an inviting place to off er opportunities to youth and families; it is a clean, safe, comfortable place to relax.
F2:
The food pantry and clothing closet provide additional resources.
F3:
The staff are well qualifi ed to off er their special services to youth.
F4:
The paintings and inspirational slogans are displayed to encourage participants.
F5:
Community support helps to keep the food pantry and clothing closet supplied.
F6:
There are few outreach programs for volunteer opportunities.
F7:
Pet owners have been lacking in spaying/neutering their pets or keeping them secure.
F8:
The public, through fi nancial contributions, help make K9 programs possible.
F9:
Multiple breeds of dogs can be used as K9s.
F12:
school shootings with 356 victims. Each year since, the number of shootings has increased. Data shows 93 shootings in the last school year which is an increase of 11 from a decade ago. More school shootings with casualties occurred during the 2020-2021 school year than the previous year. Assumption of safety cannot be taken for granted. We cannot wait for an emergency to occur in Tulare County schools. We need to identify and implement a responsive measure. METHOD OF INVESTIGATION: 1. Attended school crises response safety seminar 2. Interviewed witnesses 33 3. Reviewed specifi c documents 4. Conducted a school safety survey DISCUSSION: Per California Department of Education guidelines, schools, districts and County offi ces of education share responsibilities as well as play distinct roles in school safety planning and implementation. Every school in California is required to have a school safety plan. They recommend school districts provide training and support for school policies, establish relationships with local fi rst responders to learn respective roles before an emergency and complete threat assessments for safe schools, such as fencing and doors that lock from the inside. A questionnaire sent to the high schools consisted of four areas: 1. Physical Safety Barriers: Most schools have 6 foot fences and entrances that are monitored by staff and/or cameras in the morning, during lunch and after school. Most had solid classroom doors, while some of the newer schools had small windows. The doors also locked from the inside. Most schools have police guards on duty and/or security systems. 2. Police and Security Systems: Some schools have School Resource Offi cers for break or lunch only, but they are available at all times for an emergency. Some schools have a full-time police offi cer on the campus. Visalia Unifi ed School District (VUSD) has police offi cers as helpers and not so much as guards. All schools have alarm systems and/or video cameras. Most schools have a technologically advanced security system with direct communication to fi rst responders. 3. Emergency Procedures: Teachers and staff have been trained for emergency situations and have regular drills with students. Schools have the required scheduled practice drills for fi re, earthquake and lockdowns. They receive emergency evacuation instructions and training. Schools have current and up-to-date contact information for all students and staff . They have varied communications systems between the classrooms and offi ce. 4. Student Threats: Schools have diff erent ways to handle students who have threatened violence. Some schools are in the process of response training for teachers and staff , others have a “threat response steps” procedure, while others call the local police department. In the crisis response demonstration, offi cials recommended to block a door with heavy furniture, turn off lights, silence cell phones or other noise sources and remain quiet. New computer technology allowing police and fi rst responder’s access to real time school cameras and digital 34 school maps is in the planning phase. This would give authorities immediate intervention in a crisis. The Tulare County Offi ce of Education has developed an interactive crisis information system called ActVnet. VUSD uses a system called Raptor. These programs have direct contact with fi rst responders and can provide information to parents/guardians. Law enforcement can log into these systems and access detailed maps of the school including whether doors are solid or full glass, the location of emergency shutoff valves if there is a gas leak or if electrical power needs to be shut down. The ActVnet system can access a digital fl oor plan of the campus, connect with campus security cameras and has building signs with special ID’s to help fi rst responders navigate the campus. So far 26 schools districts in Tulare County have signed up for ActVnet and are in various stages of implementing the system. FINDINGS: F1. ActVnet and Raptor are impressive intervention tools for any potential school emergency. F2. As stated by law enforcement agencies, it is not a matter if a shooting will occur, but when. F3. School districts are working to improve and strengthen school safety. F4. Training and drills help prepare students and personnel for a potential crisis.
Additional Recommendations
10
Not linked to specific findings.
R1:
Continue to reach out to schools and other organizations to increase the awareness of the Dream Center.
R2:
Continue to help the youth in need in our community. REQUIRED RESPONSES: Tulare County Offi ce of Education Findings F1-F5 Recommendations R1-R2 22 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 specifi c 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 23 THIS PAGE INTENTIONALLY LEFT BLANK 24 FIRE! FIRE! SUMMARY: The Tulare County Civil Grand Jury has reviewed how Tulare County Fire Department (TCFD) manages its resources and operational procedures. Considering during the past 7 years there has been a huge shift in extraordinary seasonal fi res requiring much more staff training and new ways to handle fi re suppression. New and updated equipment is also necessary. BACKGROUND: Prior to 2007, County fi re protection was provided by CAL Fire via a contract with the County. Due to proposed increases in fi rehouse staffi ng as well as signifi cant State negotiated salary increases, the County chose to discontinue a partnership with CAL Fire and establish a county fi re department. TCFD was established on July 1, 2007. In September of 2017, TCFD moved its headquarters from its original location in Farmersville to the building it currently occupies at 835 S. Akers St in Visalia. In 2022, the fi re dispatch operations center moved from a small trailer in Mooney Grove Park to a state of the art facility at the Akers location. This allowed for the Sheriff ’s Offi ce and TCFD to combine services at one location, including 911 operations. All County fi re stations were originally staff ed with one person per shift but as of January 2022, TCFD has increased its staffi ng at 6 stations to 2 full time personnel partly due to the horrendous fi re conditions and growing communities. METHOD OF INVESTIGATION 1. Presentation 2. Review of documents 3. Review various websites 4. Site visit DISCUSSION: TCFD receives approximately 15,000 calls for services yearly and covers an area of 4,839 square miles (3,096,960 acres). Some of these calls have a response time of 3 hours and 47 minutes due to the locations and terrain. TCFD is a 24/7 fi re and emergency services provider to the unincorporated areas of Tulare County and several contract cities. The services they provide are: 25 • Fire Suppression • Emergency Medical Services • Vehicle & Technical Rescue • Hazardous Materials Mitigation • Fire Prevention & Inspection including weed abatement working with code enforcement agencies • Public Education • Fire Code Enforcement • Fire Cause & Investigation • Other Life Safety Services TCFD cites challenges they face every year are an increase in volume and the complexity of the fi res, forest management versus suppression, need of upgraded facilities, recruitment of both fulltime and partime personnel, unfunded mandates and title 14 regulations. Due to the strenuous hiring process, only one half of applicants will be hired. TCFD functions on an annual budget of 30 million dollars and receive calls for help or fi re suppression daily utilizing the following: • 140 Full Time Personnel • 80 Extra Help Volunteer Fire Personnel including 16 Fuel Crews (which are seasonal and have a constant turnover) • 27 Fire Stations (23 valley, 4 mountain) • 56 equipment pieces comprising of 26 engines (at the cost of 1.5 million dollars each), 4 reserve engines, 12 patrols, 6 water tenders, 2 trucks, 2 OES (Offi ce of Emergency Services) engines, 2 light and air’s and 2 water rescues. In addition, there are support vehicles (SUV’s, sedans, etc.) which are utilized by Fire Department command and support staff . Major incidents that have occurred since 2018 include the following and should be noted no County personnel were lost, but multiple structures were lost in fi res. • 2018 Camp Fire-153,336 acres burned • 2018 Mendocino Complex Fire-459,123 acres burned • 2019 Kincade Fire-77,758 acres burned • 2020 Porterville Library Fire • 2020 SQF Complex-175,000 acres burned, 232 structures destroyed • 2021 French Fire -26,533 acres burned 26 • 2021 KNP Complex -88,307 acres burned • 2022 There were 21 major incidents with over $300,000 in losses with 452 acres of vegetation burned There were communications issues in past years with low numbers of radio channels/bands but now those have increased signifi cantly making communications easier and quicker with other public safety agencies. TCFD works in partnership with other County agencies including Resource Management Agency, Health and Human Services, Offi ce of Emergency Services and Tulare County Sheriff ’s Offi ce. They also have cooperative agreements with local fi re agencies. TCFD also has outside contracts with 3-4 crews of “tree fallers” to clear County hills and mountain roadways. There are approximately 30 million dead trees in Tulare County with 40,000 trees cleared in the last fi ve years. A few of these trees were milled but unfortunately most are too badly diseased or scorched and must be chipped and spread over the landscape. There are currently 11 fi re apparatus on order, and these will arrive incrementally in 2023. They consist of 2 trucks, 6 engines and 3 Tender Engines. These will replace apparatus that are greater than 20+ years old.
R3:
School districts need to ensure there is eff ective communication between schools, parents/guardians on emergency procedures. REQUEST FOR RESPONSES: 1. Tulare County Offi ce of Education Findings F1-F4 Recommendations R1-R3 2. Visalia Unifi ed School District Findings F1-F4 Recommendations R1-R3 3. Tulare Joint Union High School District Findings F1-F4 Recommendations R1-R3 4. Exeter Unifi ed School District Findings F1-F4 Recommendations R1-R3 5. Porterville Unifi ed School District Findings F1-F4 Recommendations R1-R3 6. Woodlake Unifi ed School District Findings F1-F4 Recommendations R1-R3 7. Farmersville Unifi ed School District Findings F1-F4 Recommendations R1-R3 8. Dinuba Unifi ed School District Findings F1-F4 Recommendations R1-R3 35 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 specifi c 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 defi ned purposes (Penal Code Section 924.2 and 929). STILL RAINING CATS AND DOGS!! SUMMARY: The Tulare County Civil Grand Jury (TCCGJ) investigated the issues that un-homed and neglected dogs and cats bring to our neighborhoods and to all of our shelters throughout the County of Tulare. Part of this is due to the recent pandemic years when so many people were at home and needed company. Many people have returned to work and the animals have been left to roam the streets or returned to the shelters for yet another round of rehoming. As a result, shelters face daily struggles related to housing, caring for and rehoming these animals. The daily struggles that the shelters face in order to house, care and rehome these animals is staggering. BACKGROUND: The American Society for the Prevention of Cruelty of Animals (SPCA) made its way to the US from Britain in 1866 when Henry Bergh formed a society. The US recognized the fi rst offi cial “pound” for dogs in Pennsylvania in April of 1869. It was opened by a group of women activists led by a woman named Carolyn Earle White. In 1877, The American Humane Association was formed followed by the formation of The Humane Society in 1954. In September of 1937, the fi rst “pound” in California was opened due to the rabies epidemic and for not just the sick dogs but cats as well. Over time, the pound has come to be referred to as a shelter, as it houses dogs and cats that are not only sick, but hurt, lost, dropped off or otherwise unloved and unhoused. In the 1960’s and 1970’s, the perception that animals had the “pet” potential rather than the being viewed as a public health hazard. This led to the formation of more non-profi t animal shelters in conjunction with the municipal shelters already formed to aid in bringing in strays and fi nding them homes. The Humane Society cites that 2.4 million healthy, adoptable animals are euthanized in U.S shelters each year, amounting to roughly one every 13 seconds. These animals are often the off spring of family pets that are not spayed or neutered. Here in Tulare County communities, there are only six shelters that take in dogs, cats and other domestic animals on a daily basis at a high rate of intake. Four of them are city or county run (municipal) and two are operated by nonprofi ts. In Tulare County in 2018, there were 7,022 animals taken in and of those 4,248 were rehomed. The four municipalities are: 1. Tulare County Animal Services 2. Porterville Animal Services 3. Visalia City Animal Shelter 4. Tulare City Animal Shelter The two nonprofi ts are: 1. SPCA 2. The Central Valley Railroad Rescue METHOD OF INVESTIGATION: 1. Websites 2. Questionnaires 3. News Articles 4. Site Visits DISCUSSION: The biggest source of operating dollars for the municipal shelters is the cities or County General Fund, while there can be monetary donations from individuals or organizations and fees collected for services rendered to neighboring towns or the public (such as licensing fees, citations and clinical services). The municipal shelters also apply for grants, which are used for special projects like the Spay and Neuter programs, fee–waived adoptions and fee assistance to reclaim your own animal. Porterville Animal Services currently has 114 dog kennels, with 89 kennels that are functional and they are the only shelter that is a dog-only shelter. The rest of the shelters house mainly dogs and cats but will try to house small animals such as rabbits, goats and sheep for a very short time and work diligently to fi nd their owners as needed. The larger animals rescued such as cows, horses, pigs, chickens or roosters are housed at the Tulare County Animal Services where they are equipped to handle those animals. The remaining shelters have between 50-80 dog kennels and 24-99 cat cages, with multiple small animals housed together in a kennel/cage only if needed. All grounds are equipped with exercise yards as well. Only dogs are taken in at the Porterville Animals Services, the remaining shelters currently house dogs, cats, chickens, roosters, horses, pigs and fowl. As of October 2022, the total number of dogs/puppies housed per shelter ranged in numbers from 33-117 of all sizes and breeds. Cats/kittens in these shelters ranged in numbers from 7-29. Also housed were 10 roosters, 3 horses, 2 pigs and 1 fowl. There are 85 animals in “foster” care homes. The animals that are fostered out can be returned to the shelter if signs of behavioral issues arise or not rehomed etc. Every shelter’s numbers fl uctuate 38 daily depending on intakes and outgoing animals (mainly dogs/puppies) due to rescues, drop-off s, reuniting with owners or adoptions. The only shelter with a full-time veterinarian on site is the Tulare County Animal Services. They have performed 2,600 spay and neuter surgeries for the shelter and the public sector. The remaining shelters have no veterinarian(s) on site but contract out for these services with many vets throughout the diff erent communities. The veterinarians will also provide oversight with staff training, maintenance of required permits, medication prescriptions etc. The fi rst and foremost policy is fi nding a quality home if at all possible. However, all of these shelters follow a guideline/policy in that in the event an animal has aggressive behavioral issues towards other animals and/or humans that are untreatable, has life-threatening issues or overpopulation where herd health is aff ected, the animal will be euthanized. Some shelters have detailed policies regarding the number of staff to be present, the needle size, the euthanasia agent to be used and checking for microchips etc. Feral or community cats are unique in that they are considered ownerless, and legally free-roaming with no leash laws or any legal obligation to enter a shelter. Historically, cats have been caught and taken to a shelter and euthanized. The shelters responded from having no written policy to utilizing a city ordinance. However, all shelters follow a program called Trap, Neuter and Release (TNR) in which a person can bring in a trapped feral cat to be spayed/neutered for free but must be released back to the feral cats’ original neighborhood. There is also the Visalia Feral Cat Coalition which is a non-profi t corporation who off ers the TNR service with a $30 copay for a veterinary partner to provide spay/neutering. Porterville Animal Services provides for the care, control & custody of dogs for the Porterville, Woodlake and Lindsay areas. Visalia Animal Care Center provides sheltering and license billing to Visalia, Dinuba, Exeter and Farmersville. They also provide animal control services to Visalia, Exeter and Farmersville. Tulare Animal Services provides its services to Tulare. Tulare County Animal Services provides services to all unincorporated areas of the county which includes small communities as far away as Allensworth, California Hotsprings, Traver, the mountain areas such as Three Rivers, Camp Nelson, Springville and the outskirts of Visalia and more. This service encompasses nearly 4,800 square miles that are broken down into three large service areas and only employ three Animal Control Offi cers. They have recently started an “Adventure Paws” program where residents can go to the shelter and sign out a dog for the day. Problems encountered at the shelters range from volunteer shortages, overwhelming calls from the public for assistance or complaints, shelter location and the availability to the public and availability of low cost veterinarian services. They also cited irresponsibility of pet owners at large and their reluctance to spay or neuter their animals and keep them secure. Three of the shelters mentioned that during Covid 19, an enormous amount of damage was caused with so many animals being adopted and then later returned or let loose and the disruption of staffi ng that still goes on today. All of the shelters interface with each other and they have a network of outside partners (some as far away as Oregon) that come in all forms such as vets, volunteers and stores etc. that assist them in many ways. 39
R4:
All special district websites must be ADA-compliant and easily accessible by the visually and hearing impaired. REQUEST FOR RESPONSES: 1. No responses are required. 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 specifi c 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 defi ned purposes (Penal Code Section 924.2 and 929). 57
R5:
The TCBOS consider exercising its authority under the applicable sections of the CHCS 9026 with a view toward bringing the governance of the TPCD into compliance with generally accepted practices and State requirements. Required responses from Tulare Public Cemetery Board (1-4) and Tulare County Board of Supervisors (5) The Tulare County Board of Supervisors advised they will not be implementing recommendation. The Tulare Public Cemetery Board responded that they had implemented recommendations 3 and 4 and had partially implemented recommendation 1. Recommendation 2 will be implemented. Follow-up by Grand Jury A letter was sent to the Tulare Public Cemetery Board requesting updated information on recommendation 2. They responded that they had implemented this recommendation. More Money on Time: Delinquent Accounts in Special Districts Recommendation:
R6:
Woodlake Unifi ed School District Findings F1-F4 Recommendations R1-R3
R7:
Farmersville Unifi ed School District Findings F1-F4 Recommendations R1-R3
R8:
Dinuba Unifi ed School District Findings F1-F4 Recommendations R1-R3 35 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 specifi c 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 defi ned purposes (Penal Code Section 924.2 and 929). STILL RAINING CATS AND DOGS!! SUMMARY: The Tulare County Civil Grand Jury (TCCGJ) investigated the issues that un-homed and neglected dogs and cats bring to our neighborhoods and to all of our shelters throughout the County of Tulare. Part of this is due to the recent pandemic years when so many people were at home and needed company. Many people have returned to work and the animals have been left to roam the streets or returned to the shelters for yet another round of rehoming. As a result, shelters face daily struggles related to housing, caring for and rehoming these animals. The daily struggles that the shelters face in order to house, care and rehome these animals is staggering.
R12:
school shootings with 356 victims. Each year since, the number of shootings has increased. Data shows 93 shootings in the last school year which is an increase of 11 from a decade ago. More school shootings with casualties occurred during the 2020-2021 school year than the previous year. Assumption of safety cannot be taken for granted. We cannot wait for an emergency to occur in Tulare County schools. We need to identify and implement a responsive measure. METHOD OF INVESTIGATION: 1. Attended school crises response safety seminar 2. Interviewed witnesses 33 3. Reviewed specifi c documents 4. Conducted a school safety survey
R50-80:
dog kennels and 24-99 cat cages, with multiple small animals housed together in a kennel/cage only if needed. All grounds are equipped with exercise yards as well. Only dogs are taken in at the Porterville Animals Services, the remaining shelters currently house dogs, cats, chickens, roosters, horses, pigs and fowl. As of October 2022, the total number of dogs/puppies housed per shelter ranged in numbers from 33-117 of all sizes and breeds. Cats/kittens in these shelters ranged in numbers from 7-29. Also housed were 10 roosters, 3 horses, 2 pigs and 1 fowl. There are 85 animals in “foster” care homes. The animals that are fostered out can be returned to the shelter if signs of behavioral issues arise or not rehomed etc. Every shelter’s numbers fl uctuate 38 daily depending on intakes and outgoing animals (mainly dogs/puppies) due to rescues, drop-off s, reuniting with owners or adoptions. The only shelter with a full-time veterinarian on site is the Tulare County Animal Services. They have performed 2,600 spay and neuter surgeries for the shelter and the public sector. The remaining shelters have no veterinarian(s) on site but contract out for these services with many vets throughout the diff erent communities. The veterinarians will also provide oversight with staff training, maintenance of required permits, medication prescriptions etc. The fi rst and foremost policy is fi nding a quality home if at all possible. However, all of these shelters follow a guideline/policy in that in the event an animal has aggressive behavioral issues towards other animals and/or humans that are untreatable, has life-threatening issues or overpopulation where herd health is aff ected, the animal will be euthanized. Some shelters have detailed policies regarding the number of staff to be present, the needle size, the euthanasia agent to be used and checking for microchips etc. Feral or community cats are unique in that they are considered ownerless, and legally free-roaming with no leash laws or any legal obligation to enter a shelter. Historically, cats have been caught and taken to a shelter and euthanized. The shelters responded from having no written policy to utilizing a city ordinance. However, all shelters follow a program called Trap, Neuter and Release (TNR) in which a person can bring in a trapped feral cat to be spayed/neutered for free but must be released back to the feral cats’ original neighborhood. There is also the Visalia Feral Cat Coalition which is a non-profi t corporation who off ers the TNR service with a $30 copay for a veterinary partner to provide spay/neutering. Porterville Animal Services provides for the care, control & custody of dogs for the Porterville, Woodlake and Lindsay areas. Visalia Animal Care Center provides sheltering and license billing to Visalia, Dinuba, Exeter and Farmersville. They also provide animal control services to Visalia, Exeter and Farmersville. Tulare Animal Services provides its services to Tulare. Tulare County Animal Services provides services to all unincorporated areas of the county which includes small communities as far away as Allensworth, California Hotsprings, Traver, the mountain areas such as Three Rivers, Camp Nelson, Springville and the outskirts of Visalia and more. This service encompasses nearly 4,800 square miles that are broken down into three large service areas and only employ three Animal Control Offi cers. They have recently started an “Adventure Paws” program where residents can go to the shelter and sign out a dog for the day. Problems encountered at the shelters range from volunteer shortages, overwhelming calls from the public for assistance or complaints, shelter location and the availability to the public and availability of low cost veterinarian services. They also cited irresponsibility of pet owners at large and their reluctance to spay or neuter their animals and keep them secure. Three of the shelters mentioned that during Covid 19, an enormous amount of damage was caused with so many animals being adopted and then later returned or let loose and the disruption of staffi ng that still goes on today. All of the shelters interface with each other and they have a network of outside partners (some as far away as Oregon) that come in all forms such as vets, volunteers and stores etc. that assist them in many ways. FINDINGS: F1 The funding provided through the cities or County General Fund or funds collected through donations and services revenue, is used in a positive manner to the best benefi t of animal and consumer. F2. The shelters, kennels, offi ce spaces and ground are clean and organized. F3. The staff is dedicated to their mission of taking in, caring for and ultimately rehoming the animals. F4. There seems to be every eff ort on behalf of the shelters to advertise for more staff and/or volunteers. There is low response that may be attributed to the pandemic that caused such a disruption in the fl ow of all services and the slow recovery back to normal. F5. The shelters try to come up with innovative ways to advertise for volunteers. F6. There are few outreach programs for volunteer opportunities. F7. Pet owners have been lacking in spaying/neutering their pets or keeping them secure. RECOMMENDATIONS: R1. Conduct outreach to high schools and colleges for community service credit. R2. Continue to apply for grants to cover the cost of spay/neuter programs. R3. Conduct more aggressive public education to promote services to reduce and control the pet population. REQUESTS FOR RESPONSES: 1. Tulare County Health and Human Services Agency Findings F1-F7 Recommendations R1-R3 2. City of Porterville Police Department Animal Control Findings F1–F7 Recommendations R1-R3 3. City of Visalia General Services Findings F1–F7 Recommendations R1-R3 4. City of Tulare Police Department Animal Control Findings F1–F7 Recommendations R1-R3 40 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 specifi c 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 defi ned purposes (Penal Code Section 924.2 and 929). THIS PAGE INTENTIONALLY LEFT BLANK 42 WHO LET THE DOGS OUT? K9s IN TULARE COUNTY SUMMARY: Law enforcement agencies have been using dogs for assistance for over 100 years. The Tulare County Civil Grand Jury decided to look into the usage of K9s in Tulare County. A survey was sent to local police agencies to ascertain the number of dogs each department has and their usage in each agency. BACKGROUND: Dogs, which were descended from wolves, were fi rst domesticated thousands of years ago. They have been used since Roman times for security, hunting, sentry, scout, patrol and messengers. Starting in the late 1800’s, they were used by police forces in England, Belgium, and Germany. It wasn’t until the 1970’s that dogs started being used by police forces in the United States. During the Vietnam War, dogs were used to clear caves and tunnels, detect booby traps and land mines. More recently, they have been used to detect hidden and buried weapons in several Middle Eastern countries. The most widely trained dogs for regular patrol work are German Shepherds. Other frequently used breeds include Belgian Malinois (Mal-in- wah), Dutch Shepherds, Labrador Retrievers and Giant Schnauzers. Some breeds are specially trained to detect illegal drugs and explosives and to track fugitives and missing persons. Police dogs are referred to as K9s. It is a shortened version of “canine” and likely came from what the Army War Dog Program called their “K9 Corps”. K9s are now considered to be an important part of police forces. In some departments they even have their own badges and, in all departments we have researched, they have specialized equipment. There are breeders that specialize in raising dogs for law enforcement 43 purposes and there are training organizations that specialize in training selected dogs for specifi c police purposes. Most K9s start work/training at about 1 year and retire at about 10 years of age. METHOD OF INVESTIGATION: 1. Surveyed local police agencies on use of K9s 2. Attended K9 demonstration by the Sheriff ’s Department 3. Interviewed K9 training offi cers and a K9 trainer 4. Search of internet for relevant information DISCUSSION: Police dogs (K9s) are trained to assist police and other law enforcement offi cers. Their duties may include tracking for missing persons and suspects, fi nding crime scene evidence, school safety patrols, rescue missions and cadaver searches. They are also used for basic patrol duty, narcotic, fi rearms and explosives detection, illegal contraband searches in jails, tactical incidents, public enforcement and crowd control, handler protection and for public demonstrations and education in schools. Selected K9s enter an extensive, certifi ed training program with the handler with whom they have been partnered. They continue regular training sessions throughout their lives and must be recertifi ed annually. Handler training is as important as training the K9s. Candidates for K9 handler positions must be a high level profi ciency proactive offi cer who possess personality traits such as appropriate demeanor, predilection for working with animals, professional bearing, intelligence and excellent communication skills. The bond that grows between K9 teams is strong and powerful. They train and serve at their handler’s command, often living with them and their families. The pair work, train and live together for the duration of the dog’s life in most cases. The handler is responsible for their care and well-being. They must maintain control over the dog’s behavior at all times. In addition to his or her duties, the offi cer must lead and command a highly trained, potentially aggressive animal. Any mistake on their part can result in injury, potential harm and possible litigation as the public points fi ngers at the “dog’s owner”. The handler must also maintain precise records of the dog’s work activities, incident reports, training records, medical records and costs associated with his or her canine partner. The purchase price of a dog selected for police duty ranges from $5500 to $7000. The cost of training will run $2500 to $3500 depending on the level of training. The equipment needed to outfi t a K9 is $3000 and the cost of modifying a car to accommodate the K9 is $6000 to $7000. In addition to the initial expenses, there is the cost of food, medical care and additional specialty training. Results of the survey sent to local law enforcement agencies: Dinuba K9s are used for apprehension, searches and narcotics detection. They have not received nor solicited donations from private organizations for K9s or training. Exeter K9s will perform basic patrol or narcotics detection. They have received/solicited donations. In Farmersville the most common use is for the detection of illegal narcotics as one is assigned to the regional High Intensity Drug Traffi cking Areas team full time. The other works in operations but is still most used for narcotics detection. On occasion they are called upon to assist with scene containment and suspect control. They have received donations for the K9 program, but the last donations were more than 5 years ago. Porterville has three K9s assigned to the Patrol Division. They are used to search for lost/missing persons, searching for wanted persons concealed in open areas or buildings, vehicle searches, high risk tactical incidents, bomb detection, illegal fi rearm detection and illegal narcotic searches. One K9 is assigned to a school resource offi cer to serve Porterville Unifi ed School District, Burton School District and Porterville College. This K9 is used for searching for illegal fi rearms, ammunition or gunpowder and illegal narcotics. They have received anonymous donations for the purchase of K9s, training and equipment. Tulare K9s are assigned to patrol. They are used for tracking, searching, article search, suspect locations/ apprehension/placating. One dog is currently being trained for narcotics detection. They are also used for public demonstrations/education as well as juvenile education at school and public events. Tulare has received /solicited donations. Visalia K9s are currently in the Patrol Division. They are used for building searches, narcotic detection, suspect apprehension, handler protection and community presentations. They have a non-profi t foundation, Friends of Visalia K9 (nonaffi liated with the department) which collects money for the purchase of new K9s. Woodlake’s K9 is used for detection only. It is trained to detect narcotics, marijuana, vape and fi rearms. They have not received any private donations for K9s. The Tulare County Sheriff ’s Department has two K9s working in detention and one assigned to operations. They act as goodwill ambassadors for the Sheriff ’s Offi ce and assist in the apprehension of criminals, detection of illegal substances in the jails and searches for lost or missing persons. They are available to all local law enforcement agencies, free of charge, when requested for assistance. The K9s also do numerous public demonstrations showing their training and experience. The Sheriff ’s Offi ce does not solicit donations, however they have received donations from various organizations, private companies and citizens. Department Authorized Active Breed Exeter PD 4 0 Dinuba PD 2 2 2 Belgian Malinois Porterville 4 4 3 Belgian Malinois, 1 Springer Spaniel Woodlake 1 1 1 Springer Spaniel Visalia 7 3 2 Belgian Malinois, 1 Dutch Shepherd Farmersville 2 2 2 Belgian Malinois Tulare 4 2 1 Belgian Malinois, 1 Dutch Shepherd Tulare County Sheriff 10 3 1 Beigian Melinois, 1 Lab Mix, 1 Springer Spaniel 45 FINDINGS: F1. K9s provide a valuable service to police agencies and the public. F2. Local law enforcement agencies are maximizing their use of K9s even with the fi nancial restraints. F3. Use of K9s has saved lives and has improved law enforcement eff orts. F4. The high costs involved hampers a department’s ability to purchase and train dogs. F5. The cost of obtaining, training, outfi tting and maintaining a K9 is signifi cant. F6. Handlers must make a dedicated commitment for a minimum of 5 years’ service. F7. Handling a K9 carries a special responsibility for an offi cer. F8. The public, through fi nancial contributions, help make K9 programs possible. F9. Multiple breeds of dogs can be used as K9s. RECOMMENDATION: R1. Educate the public to the importance of supporting the purchase and training of additional K9s. R2. Continue to seek funding sources. R3. Continue to provide public demonstrations and outreach programs to increase awareness of the value of K9s. REQUIRED RESPONSES: 1. Dinuba Police Findings F1-F9 Recommendations R1-R3 2. Exeter Police Findings F1-F9 Recommendations R1-R3 3. Farmerville Police Findings F1-F9 Recommendations R1-R3 4. Porterville Police Findings F1-F9 Recommendations R1-R3 5. Tulare Police Findings F1-F9 Recommendations R1-R3 6. Visalia Police Findings F1-F9 Recommendations R1-R3 7. Woodlake Police Findings F1-F9 Recommendations R1-R3 8. Tulare County Sheriff Findings F1-F9 Recommendations R1-R3 46 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 specifi c 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 defi ned purposes (Penal Code Section 924.2 and 929). THIS PAGE INTENTIONALLY LEFT BLANK 48 VISALIA ALA CART SUMMARY: Code Enforcement is a vital function in every community. In Visalia the responsibility falls under the Neighborhood Preservation Division (NPD). It adds to the well being and beautifi cation of the city. Among the duties of Code Enforcement is to pick up abandoned shopping and grocery carts within the city boundaries. Research has shown this to be a pervasive issue in communities and cities in California and throughout the country. The Tulare County Civil Grand Jury initiated an investigation to determine how the City of Visalia is addressing this issue. Although the NPD is not a police agency, they do have the ability to assess and levy fi nes and penalties. BACKGROUND: The NPD in Visalia was established in 2006 and is tasked with enforcing the Visalia Municipal Code to improve the conditions and beauty of Visalia neighborhoods. The NPD exists to address safety issues for both residents and visitors to Visalia. The offi ce is located at 315 E. Acequia in Visalia. Code Enforcement has a website address with complaint forms used to report code violations. The NPD also has a Code Violation Hotline telephone number (559-713-4534). In 2013 the City of Visalia enacted an ordinance (Municipal Code 870) specifi c to abandoned shopping carts. The ordinance was reaffi rmed in 2018. The NPD has staff consisting of 1 manager, 1 support staff and 8 inspectors. The inspectors include 5 full time enforcement technicians, 1 full time vehicle abandonment offi cer for private property, 1 part-time signage violations technician and 1 part-time shopping cart enforcement technician. METHOD OF INVESTIGATION: 1. Site visits 2. Interviewed witnesses and offi cials 3. Reviewed specifi c documents 4. Performed internet research 49 DISCUSSION: Visalia based their abandoned cart ordinance on the Business and Professions Code of California. NPD has the authority to assess administrative fees for cart retrieval and fi nes of $50 per cart for non-compliance. (Carts not picked up in timely manner after notice). During the period from May 2022 through September 2022, 661 abandoned shopping carts were picked up. COVID reduced the numbers of abandoned carts as there was a reduction in shoppers and more temporary business closures. NPD was also redirected to other activities. Individuals abandoning carts can be the homeless or residents of the neighborhood. The carts retrieved belonged to numerous retail establishments in Visalia. When the carts are retrieved, they are taken to a storage facility. Carts are required to be clearly marked with the name and phone number of the business. When NPD picks up the carts, the business is notifi ed in writing and is given three days to pick up their carts. If the cart is not picked up within a 30 day period, the City has the option to destroy or dispose of them. The NPD has at times given these carts to the Visalia Rescue Mission. If fi nes/penalties are to be assessed, NPD reaches agreement with the retail establishment to install cart containment or suppression systems in lieu of fi nes. Several businesses were contacted and discussions were held with the managers. The businesses sampled varied in size as some were part of larger chains and others were more localized. The chain stores also stated that they have contracted services which retrieve their carts. The smaller stores indicated that they wait for NPD contact to retrieve their carts. In addition to enforcing the cart ordinance, NPD enforces and handles the following complaints: • Unsafe to occupy structures – This includes substandard rental properties and other housing which has been determined to be uninhabitable. These types of violations may include lack of running water, sewage build up, no electricity and unsanitary living conditions • Unsecured swimming pools - Includes pools with inadequate or no fencing which could endanger children and other members of the community. If a swimming pool is deemed to be unsecured, a staff member from NPD will remain onsite until adequate protection is in place. NPD has contractors on call to perform such services. These costs are normally borne by the homeowner or resident • Construction without required permits • Public nuisance properties – Inspections include massage parlors, unmaintained pools and illegal camping/ substandard living • Abandoned Private Vehicles – There is a specifi c telephone number (559-713-4624) dedicated to the reporting of abandoned vehicles. Code Enforcement will have vehicles removed from private property at the request of an owner or resident. FINDINGS: F1. NPD rarely assesses the $50 per cart fi ne upon retail establishments for violations of the Municipal Code 870. F2. NPD does charge administrative costs for abandoned carts if not picked up by the retail establishment within three days of being notifi ed. F3. Phone numbers were lacking on carts at retail establishments. Some carts didn’t have the name of the business. F4. All of the businesses interviewed stated that they have never been fi ned for violations of the cart ordinance. RECOMMENDATION: R1. Consider enforcement of the City of Visalia Abandoned Shopping Cart Ordinance by assessing and collecting fi nes/penalties for non-compliance when appropriate. R2. Enforce requirement for phone numbers and store name to be on all carts. REQUEST FOR RESPONSE: City of Visalia’s Community Development Department Findings F1-F4 Recommendations R1-R2 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 specifi c 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 defi ned purposes (Penal Code Section 924.2 and 929). SOUTH COUNTY DETENTION FACILITY SUMMARY: A grand opening and ribbon cutting for the new South County Detention Facility was held in August 2019. The Tulare County Civil Grand Jury decided to look at the new facility. BACKGROUND: Tulare County was formed in 1852. In the following year, Visalia was named the County seat. During 1854, the Tulare County Board of Supervisors recognized the need for a jail. The fi rst construction of a jail and courthouse was in 1876. In 1962 a new jail was constructed on Burrel Avenue. This jail has since been closed and is scheduled for demolition. The Bob Wiley Detention Facility located at 36712 Road 112 in Visalia was completed in 1992. This facility can house 898 inmates and is operated by the Tulare County Sherriff ’s Department. In light of the South County Justice Center courthouse located in Porterville, the Board of Supervisors decided to build a South County Detention Facility near the Porterville Airport, which is now functional. The project to build a new detention facility began in 2012 when Tulare County received funding from AB 900 grant funding process through the State of California. There were various meetings and interviews with State offi cials based upon the need for additional infrastructure. Construction was completed in June of 2019. The state Fire Marshall approved and granted occupancy June 14, 2019. The new $72 million, 100,000 square-foot South County Detention Facility is the fi rst built in Tulare County since the Adult Pre-Trial Facility was built in 1999 and the only detention center built south of Visalia in Tulare County. The new facility is located on Scranton Avenue near Newcomb Street. It was paid for with a $60 million grant from the State of California and a $12 million onetime expenditure from the County. After the groundbreaking on June 8, 2016, Tulare County and the City of Porterville worked with several local and state agencies and companies to build the facility. The DLR Group was the architect, Bernards Brothers were the general contractors and Vanir Construction Managers oversaw the construction. METHOD OF INVESTIGATION: 1. Site visit 2. Interviewed appropriate personnel 3. Reviewed specifi c documents 52 DISCUSSION: The facility uses a modern pod design with four units branching off one central control station. It has a kitchen, bakery, laundry room, medical area, booking/intake, an administration area and visitation services. The building is designed to provide the safest environment for both detention offi cers and inmates by utilizing with high defi nition security cameras and an integrated highly sophisticated security system throughout the building. It currently can house up to 519 inmates. There are plans for a farm and ranch operations on site similar to the North County facility which provides a signifi cant amount of the food consumed by inmates. The South County Detention Facility houses inmates who are on trial at the courthouse in Porterville, a few miles away. .Inmates have recreation space, storage space for their belongings, and multi-purpose rooms for programming and various classes. The facility is focused on rehabilitation and has developed programs for the inmates. These programs include GED and college credits, vocational training, life skills and assistance for employment. Although the facility has a fully equipped kitchen, there is no specifi c timeline for staffi ng it. Food is transported daily from the Bob Wiley Facility. FINDINGS: F1. The location saves transportation times and costs for transport to South County Court House. F2. The location reduces costs for Porterville Police Department for transportation to Visalia facilities and saves time in the booking process. F3. There are costs incurred to transport premade food from the Bob Wiley Facility. RECOMMENDATION: R1. Source staffi ng and funding to open the kitchen and farm operations. REQUIRED RESPONSES: 1. Tulare County Sheriff ’s Offi ce Findings F1-F3 Recommendation R1 2. Tulare County Board of Supervisors Findings F1-F3 Recommendation R1 53 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 specifi c 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 defi ned purposes (Penal Code Section 924.2 and 929). SPECIAL DISTRICTS WEBSITE REQUIREMENT SUMMARY: Special districts are local government agencies that provide essential services to residents of the districts, including sewage treatment, water, fi re protection, sanitation, utilities and cemetery operations. There are 132 independent special districts including joint powers agencies within Tulare County. These special districts have annual combined operating income in excess of $1.3 billion with individual special districts budgets ranging from $12,800 to $40.2 million per year. California legislation SB 929, requiring “Special Districts to have Internet Web Sites,” became eff ective on January 1, 2020, and requires every independent special district to maintain a website that clearly lists: • agendas and minutes on the website • contact information on the website • compliance with California Public Records Act requirements using the website • Confl ict-of-Interest policy There are limited special exceptions to the law, which must be declared as a hardship to the special district within the fi rst meeting of each year, beginning January 1, 2020. The Tulare County Civil Grand Jury (TCCGJ) decided to review the Tulare County special districts for website compliance with this legislation. BACKGROUND: The Little Hoover Commission was formed in 1962 to improve government agencies in California. Their report #155 of May 2000 found, “independent special districts often lack the kind of oversight and citizen involvement necessary to promote effi cient operation and evolution.” In their report #239 of August 2017 one of the commission’s recommendations was that the state should, “. . . expand transparency by requiring every district to have a website with basic information . . .” 55 To ensure transparency and provide an opportunity for public participation in such meetings, State law SB 929 requires, among other things, public agencies to maintain a website to post agendas online. Public agencies that maintain a website must meet the requirements by posting a current agenda or a direct link to the current agenda on the agency’s primary homepage. Under either option, AB 2257 (Local Agency Meetings: Agenda: Online Posting) requires all current online agenda postings to be: • downloadable, retrievable, indexable, and electronically searchable by commonly used search applications. • machine-readable and platform-independent; what this means is a stand-alone website and not Facebook, Twitter, or any other social media. • available to the public free of charge without any restrictions that would impede the reuse or redistribution of the agenda (i.e., no restrictions on printing the agenda or attaching it to an email). The California Public Records Act requires a public agency to allow the inspection of any public record during the agency’s offi ce hours. AB 2853 (Local Government: Economic Development Subsidies) allows an agency to comply with the Act’s inspection requirement by posting any requested public record on its website, and in response to the request for a public record, directing the person requesting such records to the location on the agency’s website. If the person making the records request asks for a copy of the record because they cannot access or reproduce the record posted online; the agency is obligated to produce a hard copy of the record. Transparency and accountability help to ensure the electorate is well informed regarding how each special district is performing the people’s business. Three key elements for ensuring transparency for special districts are the submission of annual audited fi nancial reports to the State Controller and to the Tulare County Auditor-Controller, the requirement to adopt a Confl ict-of-Interest policy and compliance with the “Ralph M. Brown Act.” The Fair Political Practices Commission has adopted a regulation that can be incorporated by reference in special district policies to meet the Confl ict-of-Interest requirement or reference the California Code of Regulations [title 2, §18730] in their policies). The consequences of noncompliance with a district website can lead to fi nes of up to $1,400 to $4,000 by the State. The biggest website downfall is the ADA requirements for the hearing and sight-impaired public. METHOD OF INVESTIGATION: 1. The TCCGJ reviewed 132 Tulare County special districts and joint powers agencies. 2. Conducted website research on California rules and regulations governing special districts. DISCUSSION: All special districts were reviewed for existence of a website. 80% were found to be lacking in compliance with the new laws in one form or another. Although some districts have websites, only 20 were in full compliance. Only one district has provided an approved hardship exemption. The TCCGJ’s analysis of websites revealed weaknesses in other areas including transparency and outreach. For example, the TCCGJ found that not all districts have a website and that some websites were not updated with current information. A confl ict-of-interest policy was not always included. The law also requires convenient access to agendas on the website. FINDINGS: F1. Websites are an important tool for the public to access information concerning their special district, yet not all Tulare County special districts have a website. F2. Meeting California Public Records Act requirements can be cumbersome, especially for smaller special districts and those who do not have normal business hours. F3. The requirements can be fulfi lled by posting the requested document on their website. RECOMMENDATIONS: R1. All special districts must have a website that complies with SB 929. R2. Special districts should consider using their websites to fulfi ll California Public Records Act requests. R3. All special districts must adopt a Confl ict-of-Interest policy. R4. All special district websites must be ADA-compliant and easily accessible by the visually and hearing impaired. REQUEST FOR RESPONSES: 1. No responses are required. 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 specifi c 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 defi ned purposes (Penal Code Section 924.2 and 929).
Findings & Recommendations
4 findings
F1:
NPD rarely assesses the $50 per cart fi ne upon retail establishments for violations of the Municipal Code 870.
F2:
NPD does charge administrative costs for abandoned carts if not picked up by the retail establishment within three days of being notifi ed.
F3:
Phone numbers were lacking on carts at retail establishments. Some carts didn’t have the name of the business.
F4:
All of the businesses interviewed stated that they have never been fi ned for violations of the cart ordinance.
Additional Recommendations
4
Not linked to specific findings.
R1:
Consider enforcement of the City of Visalia Abandoned Shopping Cart Ordinance by assessing and collecting fi nes/penalties for non-compliance when appropriate.
R2:
Enforce requirement for phone numbers and store name to be on all carts. REQUEST FOR RESPONSE: City of Visalia’s Community Development Department
R3:
All special districts must adopt a Confl ict-of-Interest policy.
R4:
All special district websites must be ADA-compliant and easily accessible by the visually and hearing impaired. REQUEST FOR RESPONSES: 1. No responses are required. 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 specifi c 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 defi ned purposes (Penal Code Section 924.2 and 929). 57