Yolo County Grand Jury
2009-2010
Findings & Recommendations
13 findings
F1:
Since the casino opened, traffic is the primary • Recipients were not required to “hire locally” to impact that has worsened for which there has promote spending within the county. been inadequate mitigation.
F2:
The fact that the casino’s main feeder road is a Growth in land Holdings state rather than county highway complicates Since the opening of the casino, the YDWN has been planning and funding for repairs and main- steadily purchasing parcels in Yolo County that could tenance. Severe economic strains on the state be converted to reservation land, removing them from and county, coupled with Valley residents’ con- government oversight and county tax rolls (Tables 5 and cerns over the kind and quality of proposed 6). The pace of purchases has increased since 2007. As improvements, likely will cause traffic capacity the YDWN continues to profit from the casino while the to be problematic for years to come. TABLE 5 Yocha Dehe Wintun Indian Land Holdings in Yolo County As of As of Chg Chg Holdings (Acres): April 2004 January 2010 Acres % Land in Trust (Reservation / US Govt.) 257.5 259.0 1.5 1% Land in Fee (Owned by YDWN) 1,851.5 7,431.7 5,580.2 301% Total Land Holdings 2,109.0 7,690.7 5,581.7 265% Land in Trust as % of Total 12% 3% Land in Fee as % of Total 88% 97% TABLE 6 Yocha Dehe Wintun Indian Assessment Valuations in Yolo County As of Added since April 2004 April 2004 Chg Chg Assessed Values (Dollars): (before Resort)1,2 (after Resort)1,3 Total $ % Assessed Land Value 1,784,316 12,720,357 14,504,673 10,936,041 613% Assessed Structure Value 3,289,642 23,908,545 27,198,187 20,618,903 627% Total Assessed Value 5,073,958 36,628,902 41,702,860 31,554,944 622% Assessed Value as % of Total 12% 88% 100% 1 Excludes land in trust, i.e., tribal master community, casino, accessways to golf course 2 The structure is a warehouse property in West Sacramento 3 Includes new golf course in 2008 14
F3:
Neither the YDWN nor the county is actively 2004 have remained as fee land, on county tax pursuing public transportation alternatives for rolls. employees and patrons which could reduce F-13 Land owned by the YDWN is subject to being traffic as well as noise and light pollution. converted to trust land, which would (1) remove it from county tax rolls, and (2) create the potential public Safety and emergency Services for conversion to any use desired by the YDWN,
F4:
The Yocha Dehe Fire Department has spear- as it is not subject to state and local zoning and headed and financed training for most if not all other laws. volunteer firefighters in the surrounding area. F-14 No one at the local or state level has authority Despite delays in response time due to traffic over fee-to-trust conversions. congestion, the fact that all the Yocha DeHe F-15 The county is at significant risk to lose agricultural Firefighters are EMT-trained improves emer- land to development, given the opportunity for gency health services to both casino patrons and fee-to-trust conversion and the loss of funding surrounding residents. for Williamson Act contracts.
F5:
The county estimates the actual operating costs for casino-related crime in the Sheriff, District reCoMMendationS Attorney, and Public Defender offices exceed $1.5M annually, while funding is approximately Traffic and Roads $900K, or about $600K (40%) short of the need. 10-01 Improve traffic enforcement and warning signage along SR 16 and casino feeder roads. Finance and administration 10-02 Continue to work with Caltrans and the YDWN
F6:
The county is adhering to the terms, though not to hasten plans for SR 16 relief between I-505 the spirit, of the MOU with regard to distribution and Brooks, or identify alternate route(s) to of the ACTM funds. Considerable negative alleviate traffic. impacts remain along the SR 16 corridor. 10-03 Work with the YDWN to establish an employee
F7:
The county’s decision to place a moratorium program to subsidize public transportation passes on ACTM funding for community projects is to help reduce the number of cars going to the appropriate for two important reasons: (1) the casino. county’s highest priority is core functions rather law enforcement, emergency Services, that mitigation for a small segment of the county, and (2) the mitigation funds’ allocation method public Safety is flawed and needs to be changed before more 10-04 Pursue greater contribution from the YDWN to funds are spent. eliminate the existing funding gap created by
F8:
The BOS did not exercise prudent oversight criminal activity attributed to the casino. concerning conflict of interest issues with ACTM recommendations and the inappropriate award to Finance and administration New Seasons development. 10-05 Before more ACTM funds are granted, develop
F9:
The influence of Esparto-based organizations allocation guidelines that will ensure fairness, and individuals is evident in the funding that transparency, and accountability. Consult with went to Esparto compared to other areas in the financial and legal professionals within county Valley. government to assist in developing the guidelines.
F10:
Minutes of the Tribe-Council 2x2 meetings were 10-06 The first priorities when mitigation funds become not taken. available again should be residents between I-505 and I-5 plus the City of Woodland, along with Growth in land Holdings Valley communities that have not yet received
F11:
YDWN land holdings have tripled and assessed attention. valuations of fee land have increased more than 10-07 When meetings resume, initiate taking minutes at six fold since the casino opened in 2004. Tribe-Council 2x2 meeting to ensure accounta-
F12:
All but 1.5 of the 5,580.2 acres acquired since bility and transparency. Growth in land Holdings Yolo County department of 10-08 Monitor and participate in the national debate employment and Social Services regarding fee-to-trust conversions with an eye toward ensuring that Yolo County maintains its SuMMarY tax base and enhances the rural, agrarian nature of Capay Valley. The Grand Jury investigated the Department of Employment and Social Services in response to a complaint alleging mismanagement, favoritism, and CoMMentS fraud. The Grand Jury received witness testimony and The Grand Jury thanks and sends its appreciation reviewed documentation. The Grand Jury found ques- to Yolo County employees for devoting many hours tion able practices with regard to timekeeping, pay for researching information and responding to multiple data non-work related activities, lay-off and promotion, em- requests. ployee evaluations, and pursuing client fraud. reQueSt For reSponSe reaSon For tHe inveStiGation Pursuant to California Penal Code Sections 933(c) California Penal Code Section 925 provides: “The and 933.05, the Yolo County Grand Jury requests a Grand Jury shall investigate and report on the opera- response as follows: tions, accounts and records of the officers, departments, From the following governing body: or functions of the county, including those operations, • Yolo County Board of Supervisors (Recommen da- accounts and records of any special legislative district tions 10-01 through 10-08) in the county created pursuant to state law for which the officers of the county are serving in their ex-officio capacity as officers of the districts.” The Grand Jury investigated the Department of Employment and Social Services as a result of a com- plaint alleging mismanagement and favoritism within the department. Specific allegations included: (1) mis- representing vacation and sick leave charges on time sheets, (2) using employee time for non-work related activities, and (3) reporting time spent checking e-mails by cellular phone or remote computers as time worked, despite the suspension of the telecommuting policy. The complaint also alleged that the county fails to pursue fraudulent claims by clients when the amount is less than $5,000. GloSSarY The following glossary is to assist readers in keeping track of the various abbreviations and terms used in this report. At-will employees—Salaried employees who serve at the pleasure of a department director or the county administrative officer and are on continuous probation. BOS—Board of Supervisors. The elected governing body that makes policy decisions and oversees the county budget and department programs. CAO—County Administrative Officer. Oversees county budget and personnel administration. DESS—Department of Employment and Social Services. Provides outplacement services, child and adult pro- cases DESS uses a “by exception method.” Employees tective services, and other related social services in fill out a time sheet if they used any form of leave -- such Yolo County. as vacation, sick leave, or XTO -- or if they are filing a ELT—Executive Leadership Team. DESS top man- correction to a previous pay period. If no time sheet is agement and some supervisors. They meet regularly filed, it is assumed by management that the employee and administer the department. worked the 80 hours for that pay period. Some, but not all, DESS employees use the “by exception” method for HR—Yolo County Department of Human Resources. their time reports, depending on their supervisor. The County-wide personnel department that keeps copies ELT use the “by exception” reporting method, that is of all county employee records, and establishes they file time reports only when on vacation, sick leave, and enforces personnel policies. This department or for other non-regular activity. reviews the job descriptions for county positions. In reviewing calendars and e-mails, the Grand Jury MQs—Minimum qualifications for a position listed in found that DESS management kept incomplete records county job announcements. In order for an applicant regarding employee absences. In two cases the Grand to be considered for a specific job, they must meet Jury found evidence that vacation and sick leave times the MQs for the position at the time they apply for were misrepresented. In one instance, it appeared that the position. the employee supplemented county disability benefits by XTO—Extra time off. Established in lieu of furlough claiming to work part-time at DESS in order to receive days in response to the county’s budget shortfall. full pay and continue to accrue full leave benefits. In Employees accrue XTO and are not paid for that another instance, the Grand Jury found evidence that an time off. employee, who worked part-time, accumulated full-time XTE—Extra time earned. Similar to compensatory time sick and vacation time by failing to turn in time sheets off (CTO) in that employees working more than 40 for the pay periods covered. hours a week are allowed to accrue overtime and During its investigation, the Grand Jury was in- take it as paid leave at a later date. formed that the county is installing a new electronic time keeping system that will be in place by the end of aCtionS taKen 2010. There will be a trial run in late May 2010. The The Grand Jury interviewed 20 people, including the system requires employees to use a password to enter complainant, DESS employees, other County employ- times, and will send the information to the auditor’s ees, and a contracting agency employee. The Grand Jury database system. DESS supervisors will have access to interviewed DESS employees who were the subjects the database to check employee’s time statements, but of the complaint as well as current and former DESS will not be able to make changes. DESS will no longer employees not subjects of the complaint. Interviewees use “by exception” time keeping. included those with responsibilities and knowledge of the county’s policies in human resources, budget non-Work related activities and accounting, auditing, and information technology All interviewees noted that their paid time was systems. used for non-work activities (e.g., long lunch hours The Grand Jury obtained and reviewed copies of and time off for shopping). This time was allowed as a bi-weekly time keeping records, activity calendars, and morale booster. Eight interviewees claimed that it was e-mails for selected DESS employees. The Grand Jury the ELT and supervisors who regularly took two-hour also reviewed DESS and Yolo County administrative lunches or three to four-hour shopping trips during work procedures manuals and a copy of the county’s “at- hours. Other employees were not allowed to do this. In will” employee listing, which is approved by the BOS. reviewing County policy, the Grand Jury determined that The Grand Jury reviewed a list of DESS files of closed XTO or vacation time should be used for such non-work potential fraud cases under $5,000. related time out of the office. Telecommuting and Out-of-Office Work WHat tHe JurY deterMined With regard to telecommuting, previous DESS Misuse of time Keeping policy required written approval and an agreement of The Grand Jury found inconsistencies with regard what work was to be performed prior to starting telec- to the reporting of vacation and sick leave time. In some ommuting. That policy was suspended in summer 2009, 17 and at present CAO approval is required. performance evaluations The CAO has no contracts listed for telecommuting HR requires annual employee performance evalu- by cellular phone, and only a few DESS employees ations. HR keeps file copies of all annual employee have approval to work from home, via computer and the performance evaluations. Performance evaluations are Internet. County-issued cellular phones may be used to also required when an employee changes position, and check in with the office when on leave or out of town for three months after beginning a new position. non-business reasons, but such contact does not count It is written policy that employees be given copies as being at work (unless the supervisor was notified in of their performance evaluation and meet to discuss that advance and had it posted on the supervisor’s calendar). evaluation with their supervisor. In some cases, this has The Grand Jury found evidence that some managers not been done and there is no copy of their performance inappropriately claimed to be telecommuting in violation evaluation in the DESS personnel files. Some employees of the department’s written policy. have not had annual performance evaluations for several years. Favoritism Staff members, who were interviewed, saw the lack DESS has reduced its staff by at least 63 people of performance evaluations as a way to reduce their since July 2009. The Grand Jury heard testimony that ability to gauge if their work performance meets the the DESS director selects employees for layoffs so that job requirements and as a way to reduce their ability to those employees would not feel targeted by co-workers. protest what appear to be arbitrary and capacious In addition, unit supervisors and division managers are decisions regarding layoffs, employee transfers, demo- not allowed to provide input regarding potential layoffs tions, or promotions. or other personnel changes, such as employee transfers. Staff members view this process and the decisions Fraud less than $5,000 arising from it as either favoritism or possible retribution DESS has a Memorandum of Understanding with the for disagreeing or questioning management. District Attorney’s office regarding, among other things, The Grand Jury found evidence that at least one fraud investigations. The current MOU does not mention employee may have been inappropriately selected for a a dollar amount threshold for fraud investigations. There position in that the employee did not have the necessary appears to be an unwritten agreement of not pursuing education qualifications for the job. The MQs were cases of potential fraud of less than $5,000. The Grand changed at a later date by the BOS to allow less experi- Jury found several cases that fell into that category, and ence and education. This employee has since completed could not find any cost-benefit analysis with regard to the education required to meet the original MQs. Another the $5,000 threshold. employee was seen by staff as inappropriately favored by having been moved into positions that will not be lost FindinGS to layoffs.
F21:
appropriately deployed inside the units, whether 21 department of alcohol, drug, and reviews, and site certification. Frequency of reviews can range from one to three years, depending upon the Mental Health Services reviewing agency (e.g., the State Controller or the State Department of Alcohol and Drug Programs) and the SuMMarY particular program being evaluated. In some instances, The 2009-2010 Yolo County Grand Jury reviewed ADMH staff is assigned to assist reviewing agency staff. the services provided by the Department of Alcohol, Procedures and policies regarding releasing private, Drug, and Mental Health Services. The Grand Jury personal medical records are in the ADMH manual. interviewed management within the department to obtain In general, private individuals may get a copy of their background information and to learn about methods of records by completing a release of information form. providing service. The department, like other county Since the medical record could be long or complicated, agencies, is experiencing budgetary problems that are a staff person may speak with the individual to help impacting clients. narrow the search for the requested information, rather than making a copy of the entire record. The individual reaSon For viSit must pay for the cost of copying the record. After California Penal Code Section 925 provides: “The receiving the completed release of information form, it Grand Jury shall investigate and report on the opera- takes ADMH approximately five days to respond to the tions, accounts and records of the officers, departments, request. or functions of the county, including those operations, If another medical provider requests a copy of accounts and records of any special legislative district private medical records, a release of information form in the county created pursuant to state law for which must be signed by the individual or the individual’s legal the officers of the county are serving in their ex-officio guardian. As with an individual request, it takes ADMH capacity as officers of the districts.” Pursuant to that approximately five days to respond to the request after statute, the 2009-2010 Grand Jury visited the Department they receive the completed paperwork. of Alcohol, Drug, and Mental Health Services (ADMH) The most challenging privacy issues deal with at 137 North Cottonwood Street, Woodland, CA. “transition age youth” (ages 16-25 that are transitioning The Grand Jury visited ADMH because it had been into adulthood and learning to be responsible for 10 years since the department has had a Grand Jury themselves). Depending upon the issue and criteria, oversight visit. The visit took place on January 15, 2010. described either in the California Family Code or the The Grand Jury’s investigation included conducting California Welfare and Institutions Code, parents may interviews and reviewing the department’s procedure not be able to see or get a copy of their child’s medical manuals. record. The most common frustration for parents occurs when their child turns 18 years old, and legally the WHat tHe JurY deterMined parents no longer have a right to review the medical ADMH’s mental health target population is the records, unless the adult child consents. Under certain seriously mentally ill adults and seriously emotionally circumstances, such as sexual assault, parents of children disturbed children and youth with Medi-Cal or no as young as 12 years old may not be able to review insurance. The alcohol and other drug population is medical records. served based on state and federal guidelines, as funding ADMH is beginning a quality review of how allows. It complies with the federal Health Insurance it manages its treatment plans. Treatment plans are Portability and Accountability Act (HIPPA) that sets reviewed annually, more often in some cases—typically the national standard for privacy of health information. with youth because of the nature of their issues, both ADMH also has its own departmental policy and pro- biological and psychological. Medication may be part of cedure manuals. All employees have access to these an overall treatment plan for a client. manuals, both in a printed version and in an internal, ADMH recently changed the process by which online electronic version. All employees are required to people are assigned appointments (the intake process) review the manuals. which reduced the amount of time people have to wait The department also is subject to state and county for their first appointment. The first step occurs when policies and procedures, and is routinely reviewed a person comes to ADMH seeking assistance; they are regarding their compliance to these. The state reviews referred to the triage and care team who make an initial take the form of cost report reviews, audits, program assessment of whether or not the person is in crisis. If 22 the person is not in crisis, he or she is scheduled to come contracts for space in regional facilities. to an orientation session. These group sessions are held Institutes for Mental Disease (IMDs) provide the twice a week. At these sessions, the potential clients next level of care. These are locked facilities for clients are told what services they can expect, review financial who do not meet the criteria to be hospitalized, but need information, and are given an appointment slip. In most a higher level of care than can be found at board and care cases, a person can get into an orientation meeting that facilities. Clients in this level of care are usually under same week and have an appointment within a week conservatorship. There are no IMDs in Yolo County, so or two. There are usually five to eight people in an ADMH contracts with IMD facilities in the surrounding orientation meeting. However, if the person is perceived area. to be in a crisis, they are scheduled for an appointment The highest level of care is for clients who need that same day, or are referred to the hospital. On some to be hospitalized. For cases where the client needs to occasions police may be called for assistance. be hospitalized without consent, the department uses Prior to this intake process change, people would the psychiatric ward at Woodland Healthcare. ADMH wait four to six weeks for an appointment. Frequently also has two beds at Safe Harbor, a facility run by Yolo people would forget to show up for their appointments, County Continuum of Care; which is a crisis residential complicating ADMH’s ability to deliver services. Under program for acute clients, those with the potential to this new intake process, there are fewer “no shows.” In harm themselves or others. addition to the appointment slips, the department now Like all other county and state agencies, ADMH gives reminder calls to clients one or two days before is facing difficult choices regarding what services it the appointment. Administrators in the department feel can provide in the coming months. It has faced budget that the changed intake process leads to more efficient and staffing cuts, yet is committed to providing mental delivery of mental health services in the county. health services. Most clients pay for their services, so More complicated intakes take longer to process. the bigger issue is the non-paying client. The county can An example would be a “co-occurring” intake in which no longer afford to carry these clients. For ADMH to a client has both mental health issues and a drug or be fiscally sound, the department is considering how to alcohol problem. ADMH partners with other county restructure the way it conducts its business. It needs to agencies, such as the Department of Health or the Pro- have 80-95% of its clients paying for services, normally bation Department, and has 80 contracts with other through medical insurance. Most of these clients likely agencies and non-profits to provide services. According use Medi-Cal since people with private insurance usually to one of these agencies, in outlying offices, the intake go to private mental health providers. process works the same, but could take longer. In some cases, the other agency may take another month to get a FindinGS psychologist appointment and 10 days to a month to see F-1 ADMH has a standard and well-documented set the psychiatrist for an appointment and a prescription. of procedures, among many other requirements, It is not unusual to take up to three months to get a designed to protect client confidentiality and prescription or to change medication. privacy, and has a procedure to make client Not all services are provided at the department site. records available upon request. Many of the community-based services take place in the F-2 ADMH is taking action to restructure and revise field—usually homes, schools, or more neutral ground the way it conducts business to provide mental such as a coffee shop. Such field visits are especially health services to Yolo County residents in light helpful for transition age youth. Community-based of budget and staffing cuts. services include teaching life skills, parenting skills, filling out Social Security Insurance applications, or helping the client to find housing. ADMH provides residential mental health services in several locations. There is a hierarchy of residential services. The first level of care is board and care homes. Adults in board and care live in a residential setting, and the facility is unlocked. Board and care homes for children are referred to as group homes. There are board and care homes in the county, and ADMH also has 23 First 5 Yolo vide the First 5 commissioners with a viable plan that can be carried out to complete the requested grant. The Grand Jury reviewed the First 5’s Six Year reaSon For tHe inveStiGation Sustainability Plan, their first two operational year Visits were made to First 5 Yolo (First 5) as a result budgets, a report listing the past year’s accomplishments, of a citizen’s complaint regarding funds received by and the procedure used by the Yolo County auditor to First 5, the perceived lack of transparency, and whether prepare information that is used by the independent or not generally accepted accounting practices (GAAP) auditor. The independent audit is completed at the end were used. of each fiscal year (June 30). The audit information, California Penal Code Section 925 provides: “The reports, and copies of the budget, with a listing of funded Grand Jury shall investigate and report on the opera- partners, are available to the public and may be obtained tions, accounts and records of the officers, departments, by request. or functions of the county including those operations, accounts and records of any special legislative district or FindinGS other district in the county created pursuant to state law F-1 First 5 funds are kept in a designated account for which the officers of the county are serving in their and are spent in an open and fully transparent ex-officio capacity as officers of the districts.” manner. F-2 The agencies and non-profits funded by First 5 aCtionS taKen grants have demonstrated to the First 5 commis- The Grand Jury met with First 5 managers to sioners that they can carry out their pro posed discuss its funding and auditing procedures, and how the plans. funds could and could not be used. They also obtained F-3 The grant contract limits administrative funds background information about the program. (not equipment or supplies) to a maximum of 10%. WHat tHe JurY deterMined F-4 Independent auditors have determined that GAAP First 5 began in 1998 with the passage of Proposition are being followed. 10, the Children and Families Act. This Act provided for a 50-cent a pack tax on cigarettes to fund smoking reCoMMendation prevention, health and early intervention programs for 10-22 The First 5 Board of Commissioners should prenatal care and for children under the age of five. resist the state’s attempts to put Proposition 10 A Board of Commissioners, appointed by the funds into its General Fund. County Board of Supervisors, decides how the funds are to be spent. The funds are not to be diverted to programs reQueSt For reSponSe other than First 5. At the time of the visit and audit, Yolo Pursuant to California Penal Code, Sections 933 County’s First 5 2009-2010 budget was $3,895,245. (c) and 933.05, the Yolo County Grand Jury requests a These funds were to be used for: response as follows: • Improved Family Development (parenting home From the following governing body: visits, in-home nurse visits, foster family recruitment • First 5 Board of Commissioners (Recommendation and retention, the child advocate program, etc.); 10-22) • Improved Child Development (education stipends, child care, preschool programs, reading programs); • Improved Health (access to dental care, Healthy Kids Insurance program, perinatal substance abuse education and training, car seat distribution and safety education); and, • Improved Systems of Care (mental health provider education and access). The funding is granted to existing county agencies and non-profit healthcare groups that are involved with child healthcare and education. These entities must pro- 24 Yolo County Juvenile detention • The three receiving cells in the intake and booking area were clean and had drinking water and toilet Facility facilities. • One area, A-POD, is used to house females and boys reaSon For viSit younger than 14. The visit was part of the oversight role required in • The hallways were clear. Doors were closed and California Penal Code Section 919(b), providing that locked along the hallways. “The Grand Jury shall inquire into the conditions and • The exterior of the building and grounds were well management of public prisons within the county.” kept. • The storage areas were neat. aCtionS taKen • Meals are prepared at the Monroe Detention Center The 2009-2010 Yolo County Grand Jury visited the to suit individual needs, including religion, diet, Yolo County Juvenile Detention Facility (YCJDF), at allergies, etc. Meals are delivered with the detainee 2880 Gibson Road, on December 11, 2009. They met name and needs written on them. The state pays with staff, toured the facility, obtained background for detainee breakfast and lunch under the school information, and discussed results of recommendations breakfast and lunch program. The county pays for made by previous grand juries. snacks and the evening meal. Volunteers also bring WHat tHe JurY deterMined in snacks, and on occasion bring in special meals or picnics. The facility’s capacity is 90 detainees, with the typi- • Rules of conduct were posted and are explained to cal occupancy being 82 to 86. On the day of the visit, detainees and visitors. there were 71 detainees — 25 from Yolo County plus 25 federal and 21 state detainees. The facility opened • The Control Room provides surveillance of PODs, in August 2006. It was designed to have four PODs, corridors, open areas, classrooms, and exercise areas. but only three have been built. Each POD includes 18 The back-up unit is in the same room. Individual rooms, consisting of 6 single detainee rooms and 12 staff members monitor the console in four-hour double rooms. Each POD also includes two classrooms, shifts. with libraries, teacher area, whiteboards and computer • The cameras record everything on two DVRs and stations, plus a supervised common room where de- recordings are kept for a year. tainees can eat meals together and watch television. There are adjacent exercise rooms, a control center, and Staff and Security showers. • There is adequate staff to supervise detainees, and The facility is also a State and Federal Contracting cover vacations and sick days. Detention Facility. Copies of state and federal inspections • About half of the staff is bilingual, mostly in Spanish. are available upon request. Other language support is available to the facility. The district attorney may charge some juveniles as • Most gang members are housed in C-POD. They adult offenders. Juveniles charged with adult offenses are not separated by affiliation. Open movement is are held at the juvenile facility until adjudicated or until allowed in the POD as long as confrontations are they reach 18 years of age, at which time they are moved avoided. to the adult facility. Many of the juvenile sentences are for a specified Health and Mental Health number of days; others may be indeterminate, based on attitude and reason for detention. • The staff receives training in suicide watch. Clothing for detainees is designed to minimize suicide risk. physical plant • During booking, medical information is provided • Overall, the space is well lit and well designed. The by the detainee. Medical and dental services are temperature is regulated for comfort. No graffiti available. There is a medical professional on site was seen and the neutral paint color was in good during the day and on call at night. Detainees condition. Staff and administrators walk inside and generally receive medical attention within four outside the whole facility monthly, specifically to hours of complaint. A physician is available on call look for maintenance needs. 24 hours a day. 25 • Evaluations for medical, dental, and mental needs or • According to staff, most grievances pertain to food requests are done within 96 hours of booking, unless portions (too small) and shower time (too short). staff determines there is an immediate health risk. • Discipline seems to be administered fairly. Most • Mental health services are available on call, by discipline involves loss of privilege and activity EMTs and Yolo County Department of Alcohol, participation, or lock down for serious cases. Drug, and Mental Health, when needed or requested outside Contact by a health professional. Detainees needing mental health services are usually seen within eight hours. • Visiting times fit the schedule of the facility; • The Medical Department is accredited by the special visiting times can be arranged, generally on Institute of Medical Quality (IMQ). weekends. • Staff supervises the visits (at a distance), watching programs for improper actions or passage of contraband. • Some group therapy sessions, such as aggression • Detainees may lose visiting privileges as a disci- reduction, are available. plinary measure. • Visits by attorneys and clergy are in closed rooms, • Detainees are required to use the exercise room with staff supervision through windows. for one-hour per day. Male and female detainees are offered the same exercises and equipment at • Detainees have access to telephones when in the different times. common room or during exercise periods. • Vocational classes are available for computer skills, • There is limited free postage for indigent detainees. mostly during regular class hours. • Detainees are aware that staff may read mail, but • The work program allows those with good behavior mail is generally only checked for contraband (drugs to help at the nearby animal shelter or perform or money). maintenance work. personal Cleanliness and Clothing • Community volunteers are on site most days, • Detainees are allowed one shower a day. Minors providing mentoring and living skills discussions. shower individually in shower stalls, equipped with Mentors and volunteers are students from the local a door so there is privacy. Showers are supervised for colleges and members of the community. The time, but not directly viewed. Showers are cleaned volunteer program is strong with qualified and daily. interested people. • The detainees appeared well groomed. The facility has clothing that is seasonally appropriate. educational program • Slip-on style shoes are worn outdoors. Flip-flops are • The Yolo County Department of Education provides worn indoors. the teachers and curriculum for the classes at the • On intake, detainees are issued clothing, including facility. Normal ADA (Average Daily Attendance) underwear and shoes. This clothing is not assigned applies and there is some federal support for the to them, nor is the clothing size necessarily specific school programs, alternate education methods, to the person. and transition to regular education. The City of Woodland Library Literacy Program provides the • Laundry is collected and washed as a group, without GED program under contract with the Probation identifying which person had previously worn the Department. garments. Laundered garments are retrieved by the individual from a pile of clothes. • There are six teachers (two per POD), with two substitutes. There is also a bilingual educator to other observations assist in teaching the Spanish-speaking detainees. • Rules are explained to detainees at intake and a • About 95% of the detainees attend school sessions. booklet given to them to read. • There were supplies and computers in the classrooms. • Separation of detainees is based on severity of crimes. Most of the detainees are in the PODS. Grievances and discipline Those found to have committed lesser crimes, such • Detainees can file a grievance form. These are kept as drug use and running away, are usually sent to on file for five years. Diogenes Center, a supervised group home. 26 • TV is used in classroom settings for education Monroe detention Center and group programs. Staff controls commercial television viewing. reaSon For viSit • In the classroom, male and female detainees are California Penal Code Section 919(b) provides that: separated by an empty desk to prevent touching, etc. “The Grand Jury shall inquire into the conditions and • The facility was well kept and efficiently run. management of public prisons within the county.” • The staff was informative, well trained, disciplined, and tolerant. aCtionS taKen FindinGS The 2009-2010 Yolo County Grand Jury visited the Monroe and Leinberger Detention Centers (Yolo County F-1 As there is no provision for individual laundry Jail) at 2880 Gibson Road, on September 25, 2009. The collection and washing, after each washing, Grand Jury met with the jail managers and staff, visited individuals must select clothing (including the jail, obtained background information, and reviewed underwear) from bulk piles assorted by size. If the results of previous inspections. The visit included a they cannot find the correct fit, they must make briefing on confinement processes and a walk-through of do with what is available. the jail facilities. Various major areas within the centers
Additional Recommendations
20
Not linked to specific findings.
R10-01:
Improve traffic enforcement and warning signage along SR 16 and casino feeder roads. Finance and administration
R10-02:
Continue to work with Caltrans and the YDWN F-6 The county is adhering to the terms, though not to hasten plans for SR 16 relief between I-505 the spirit, of the MOU with regard to distribution and Brooks, or identify alternate route(s) to of the ACTM funds. Considerable negative alleviate traffic. impacts remain along the SR 16 corridor. 10-03 Work with the YDWN to establish an employee F-7 The county’s decision to place a moratorium program to subsidize public transportation passes on ACTM funding for community projects is to help reduce the number of cars going to the appropriate for two important reasons: (1) the casino. county’s highest priority is core functions rather law enforcement, emergency Services, that mitigation for a small segment of the county, and (2) the mitigation funds’ allocation method public Safety is flawed and needs to be changed before more
R10-04:
Pursue greater contribution from the YDWN to funds are spent. eliminate the existing funding gap created by F-8 The BOS did not exercise prudent oversight criminal activity attributed to the casino. concerning conflict of interest issues with ACTM recommendations and the inappropriate award to Finance and administration New Seasons development. 10-05 Before more ACTM funds are granted, develop F-9 The influence of Esparto-based organizations allocation guidelines that will ensure fairness, and individuals is evident in the funding that transparency, and accountability. Consult with went to Esparto compared to other areas in the financial and legal professionals within county Valley. government to assist in developing the guidelines. F-10 Minutes of the Tribe-Council 2x2 meetings were 10-06 The first priorities when mitigation funds become not taken. available again should be residents between I-505 and I-5 plus the City of Woodland, along with Growth in land Holdings Valley communities that have not yet received F-11 YDWN land holdings have tripled and assessed attention. valuations of fee land have increased more than 10-07 When meetings resume, initiate taking minutes at six fold since the casino opened in 2004. Tribe-Council 2x2 meeting to ensure accounta- F-12 All but 1.5 of the 5,580.2 acres acquired since bility and transparency. Growth in land Holdings Yolo County department of
R10-08:
Monitor and participate in the national debate employment and Social Services regarding fee-to-trust conversions with an eye toward ensuring that Yolo County maintains its SuMMarY tax base and enhances the rural, agrarian nature of Capay Valley. The Grand Jury investigated the Department of Employment and Social Services in response to a complaint alleging mismanagement, favoritism, and CoMMentS fraud. The Grand Jury received witness testimony and The Grand Jury thanks and sends its appreciation reviewed documentation. The Grand Jury found ques- to Yolo County employees for devoting many hours tion able practices with regard to timekeeping, pay for researching information and responding to multiple data non-work related activities, lay-off and promotion, em- requests. ployee evaluations, and pursuing client fraud. reQueSt For reSponSe reaSon For tHe inveStiGation Pursuant to California Penal Code Sections 933(c) California Penal Code Section 925 provides: “The and 933.05, the Yolo County Grand Jury requests a Grand Jury shall investigate and report on the opera- response as follows: tions, accounts and records of the officers, departments, From the following governing body: or functions of the county, including those operations, • Yolo County Board of Supervisors (Recommen da- accounts and records of any special legislative district tions 10-01 through 10-08) in the county created pursuant to state law for which the officers of the county are serving in their ex-officio capacity as officers of the districts.” The Grand Jury investigated the Department of Employment and Social Services as a result of a com- plaint alleging mismanagement and favoritism within the department. Specific allegations included: (1) mis- representing vacation and sick leave charges on time sheets, (2) using employee time for non-work related activities, and (3) reporting time spent checking e-mails by cellular phone or remote computers as time worked, despite the suspension of the telecommuting policy. The complaint also alleged that the county fails to pursue fraudulent claims by clients when the amount is less than $5,000. GloSSarY The following glossary is to assist readers in keeping track of the various abbreviations and terms used in this report. At-will employees—Salaried employees who serve at the pleasure of a department director or the county administrative officer and are on continuous probation. BOS—Board of Supervisors. The elected governing body that makes policy decisions and oversees the county budget and department programs. CAO—County Administrative Officer. Oversees county budget and personnel administration. DESS—Department of Employment and Social Services. Provides outplacement services, child and adult pro- cases DESS uses a “by exception method.” Employees tective services, and other related social services in fill out a time sheet if they used any form of leave -- such Yolo County. as vacation, sick leave, or XTO -- or if they are filing a ELT—Executive Leadership Team. DESS top man- correction to a previous pay period. If no time sheet is agement and some supervisors. They meet regularly filed, it is assumed by management that the employee and administer the department. worked the 80 hours for that pay period. Some, but not all, DESS employees use the “by exception” method for HR—Yolo County Department of Human Resources. their time reports, depending on their supervisor. The County-wide personnel department that keeps copies ELT use the “by exception” reporting method, that is of all county employee records, and establishes they file time reports only when on vacation, sick leave, and enforces personnel policies. This department or for other non-regular activity. reviews the job descriptions for county positions. In reviewing calendars and e-mails, the Grand Jury MQs—Minimum qualifications for a position listed in found that DESS management kept incomplete records county job announcements. In order for an applicant regarding employee absences. In two cases the Grand to be considered for a specific job, they must meet Jury found evidence that vacation and sick leave times the MQs for the position at the time they apply for were misrepresented. In one instance, it appeared that the position. the employee supplemented county disability benefits by XTO—Extra time off. Established in lieu of furlough claiming to work part-time at DESS in order to receive days in response to the county’s budget shortfall. full pay and continue to accrue full leave benefits. In Employees accrue XTO and are not paid for that another instance, the Grand Jury found evidence that an time off. employee, who worked part-time, accumulated full-time XTE—Extra time earned. Similar to compensatory time sick and vacation time by failing to turn in time sheets off (CTO) in that employees working more than 40 for the pay periods covered. hours a week are allowed to accrue overtime and During its investigation, the Grand Jury was in- take it as paid leave at a later date. formed that the county is installing a new electronic time keeping system that will be in place by the end of aCtionS taKen 2010. There will be a trial run in late May 2010. The The Grand Jury interviewed 20 people, including the system requires employees to use a password to enter complainant, DESS employees, other County employ- times, and will send the information to the auditor’s ees, and a contracting agency employee. The Grand Jury database system. DESS supervisors will have access to interviewed DESS employees who were the subjects the database to check employee’s time statements, but of the complaint as well as current and former DESS will not be able to make changes. DESS will no longer employees not subjects of the complaint. Interviewees use “by exception” time keeping. included those with responsibilities and knowledge of the county’s policies in human resources, budget non-Work related activities and accounting, auditing, and information technology All interviewees noted that their paid time was systems. used for non-work activities (e.g., long lunch hours The Grand Jury obtained and reviewed copies of and time off for shopping). This time was allowed as a bi-weekly time keeping records, activity calendars, and morale booster. Eight interviewees claimed that it was e-mails for selected DESS employees. The Grand Jury the ELT and supervisors who regularly took two-hour also reviewed DESS and Yolo County administrative lunches or three to four-hour shopping trips during work procedures manuals and a copy of the county’s “at- hours. Other employees were not allowed to do this. In will” employee listing, which is approved by the BOS. reviewing County policy, the Grand Jury determined that The Grand Jury reviewed a list of DESS files of closed XTO or vacation time should be used for such non-work potential fraud cases under $5,000. related time out of the office. Telecommuting and Out-of-Office Work WHat tHe JurY deterMined With regard to telecommuting, previous DESS Misuse of time Keeping policy required written approval and an agreement of The Grand Jury found inconsistencies with regard what work was to be performed prior to starting telec- to the reporting of vacation and sick leave time. In some ommuting. That policy was suspended in summer 2009, 17 and at present CAO approval is required. performance evaluations The CAO has no contracts listed for telecommuting HR requires annual employee performance evalu- by cellular phone, and only a few DESS employees ations. HR keeps file copies of all annual employee have approval to work from home, via computer and the performance evaluations. Performance evaluations are Internet. County-issued cellular phones may be used to also required when an employee changes position, and check in with the office when on leave or out of town for three months after beginning a new position. non-business reasons, but such contact does not count It is written policy that employees be given copies as being at work (unless the supervisor was notified in of their performance evaluation and meet to discuss that advance and had it posted on the supervisor’s calendar). evaluation with their supervisor. In some cases, this has The Grand Jury found evidence that some managers not been done and there is no copy of their performance inappropriately claimed to be telecommuting in violation evaluation in the DESS personnel files. Some employees of the department’s written policy. have not had annual performance evaluations for several years. Favoritism Staff members, who were interviewed, saw the lack DESS has reduced its staff by at least 63 people of performance evaluations as a way to reduce their since July 2009. The Grand Jury heard testimony that ability to gauge if their work performance meets the the DESS director selects employees for layoffs so that job requirements and as a way to reduce their ability to those employees would not feel targeted by co-workers. protest what appear to be arbitrary and capacious In addition, unit supervisors and division managers are decisions regarding layoffs, employee transfers, demo- not allowed to provide input regarding potential layoffs tions, or promotions. or other personnel changes, such as employee transfers. Staff members view this process and the decisions Fraud less than $5,000 arising from it as either favoritism or possible retribution DESS has a Memorandum of Understanding with the for disagreeing or questioning management. District Attorney’s office regarding, among other things, The Grand Jury found evidence that at least one fraud investigations. The current MOU does not mention employee may have been inappropriately selected for a a dollar amount threshold for fraud investigations. There position in that the employee did not have the necessary appears to be an unwritten agreement of not pursuing education qualifications for the job. The MQs were cases of potential fraud of less than $5,000. The Grand changed at a later date by the BOS to allow less experi- Jury found several cases that fell into that category, and ence and education. This employee has since completed could not find any cost-benefit analysis with regard to the education required to meet the original MQs. Another the $5,000 threshold. employee was seen by staff as inappropriately favored by having been moved into positions that will not be lost FindinGS to layoffs. F-1 The DESS “by exception” method of time keep- The Grand Jury received testimony that older, more ing can engender fraud, either accidental or experienced employees have been selected for layoff intentional. rather than less experienced employees. Reportedly F-2 If properly used and managed, the new electronic there is a lack of cooperation among co-workers, clients, time keeping system should help to reduce mis- and cooperating agency workers. Testimony regarding use of time reporting. other forms of favoritism included unequal distribution of extra workload or clients, without explanation. F-3 The arbitrary allowance of paid time for non- At the time of our interviews, assigning supervisors work related activities suggests favoritism and or division managers as at-will employees was possibly may be a misuse of public funds. in violation of BOS procedures. The Grand Jury re- F-4 The CAO and DESS have not enforced rules viewed the at-will employee list and four DESS posi- for the use of XTE, telecommuting, and cellular tions changed to at-will status do not appear on the phone use. BOS approved list of at-will employees. This appeared F-5 HR did not exercise due diligence regarding to circumvent the BOS process regarding staffing, pay, the MQ for newly-hired or transferring DESS and positions. As these positions were reclassified at employees. a time of layoffs, the at-will assignments added to the F-6 Proposed employee layoffs do not include appearance of favoritism. writ ten criteria and input from all ELT and the 18 employee supervisors. eliminates concerns regarding whether or not the former F-7 Within the department, there is a perception of list followed BOS policy. favoritism concerning job and client assignments. reQueSt For reSponSeS F-8 At the time of the interviews, the policy regard- ing listing of at-will employees had not been Pursuant to California Penal Code Sections 933(c) followed. and 933.05, the Yolo County Grand Jury requests a F-9 DESS has not followed its written policy regard- response as follows: ing employee performance evaluations. From the following governing bodies: F-10 Copies of the evaluations are not readily available • Yolo County Administrative Officer (Findings F-1, to the employee. F-4 through F-8; Recommendation 10-09, Recom- men da tions 10-12 through 10-15) re
R10-09:
Follow proper procedures for recording XTE (Find ings F-1, F-4 through F-8; Recommendations and XTO. 10-12 through 10-15)
R10-10:
Conduct an audit regarding DESS use of XTE. • Yolo County Auditor (Findings F-2 and F-5; Recom-
R10-11:
Stop allowing paid work time for non-work mendation 10-12) activities. From the following individual:
R10-12:
Enforce the written rules for cellular phone use • Director, Department of Employment and Social and telecommuting. Services (Findings F-6 through F-10; Recommenda-
R10-13:
Enforce HR and BOS policy listing at-will tions 10-11, 10-12, 10-14 and 10-15) employees.
R10-14:
Enforce MQ requirements listed in county job descriptions before approving the hiring of employees (whether new hires, transfers, or promotions). HR should not allow individual departments to make changes to the requirements without BOS approval.
R10-15:
Conduct employee performance evaluations as required by County policy.
R10-16:
Perform a cost-benefit analysis regarding fraud amount exclusions and amend the MOU to establish policy. CoMMentS Given the number of layoffs over the past few months, the low morale at DESS is not surprising. Many of the layoffs and budget reductions come in critical areas (such as Women, Infants, and Children and Child Welfare Services). However, the top down management of DESS, which does not include or even elicit input from affected staff, contributes significantly to the low morale. The ELT’s efforts to raise morale — such as putting on special events or lunches — seem to be ineffective because only selected staff members are allowed to participate. Even during a time of low morale, using county time for non-work related activities is inappropriate. The Grand Jury notes that the BOS has revised the at-will position list as of March 23, 2010, which 19 Yolo County Housing authority Yolo is of the utmost importance.” (Resolution 09-06). One of YCHA’s purposes is to provide safe and affordable housing for low income, senior and other disadvantaged SuMMarY residents. The Grand Jury investigated the Yolo County Hous- RSM is comprised of two independent living facil- ing Authority in response to a citizen’s complaint. The ities for senior and disabled citizens who receive federal agency did not address a very serious complaint on housing assistance, 66 units in all. It is adjacent to and the part of an elderly resident regarding tenant safety. shares management with Las Casitas that provides 73 Also, there were shortcomings in the emergency pull units for federally-assisted families. The county man- cord system, which cannot be relied on to ensure safety ages the units and is subject to federal, state, and county for the elderly and disabled. The Grand Jury found the administrative rules and guidelines. Yolo County Housing Authority violated its mandate to The on-site property manager oversees tenant selec- ensure tenant safety. tion and orientation, rent calculations, budget admin- istration, and the work of the two facilities’ support staff. reaSon For inveStiGation The program supervisor works among YCHA sites to California Penal Code Section 925 authorizes the direct daily operation, monitor work of subordinates, Grand Jury to investigate all branches of county coordinate resident activities, and oversee inspections. government to be assured they are being administered The office is staffed four days a week, 8 AM to 5 PM. efficiently, honestly, and in the best interests of its YCHA staff do not respond to medical emergencies or citizens. An investigation of the Yolo County Housing tenant alarms; residents must contact 9-1-1 or identify Authority (YCHA) was conducted in response to a other assistance in such cases. YCHA maintains an 800 citizen’s complaint regarding resident safety at its West number for after-hours emergency repairs. Sacramento senior housing site, Riverbend Senior YCHA has a written grievance procedure for “dis- Manor (RSM), on Cummings and Lighthouse Drive. putes which a tenant may have with respect to a Housing The complaint focused on the failure of management to Authority action or failure to act in accordance with deal with a disruptive tenant who re peatedly brandished the individual tenant’s lease or PHA regulations which a gun, peeped through windows, exposed himself, used adversely affect the individual.” The YCHA Residential threatening and abusive language, and screamed and Lease Agreement permits lease termination if a tenant howled throughout the night. There was also concern creates a safety hazard: “YCHA shall give written about the well-being of a minor who lived with the notice of the proposed termination of the lease (in a) disruptive adult and reportedly was his caregiver. reasonable amount of time, not to exceed 30 days, when the health or safety of other tenants or the employees … aCtionS taKen (is involved).” However, staff indicated the typical use of The Grand Jury interviewed four YCHA staff and the grievance procedure is during the course of proposed two RSM residents. In addition, the Grand Jury reviewed termination of tenant lease and not to resolve for tenant- YCHA policies, job descriptions, written procedures to-tenant complaints. available to tenants relevant to tenant safety and griev- YCHA has an “Incident Documentation Form” ances, and results of recent YCHA unit emergency through which tenants make written complaints about pull cord inspections performed by an outside firm any issue they wish. There are no written policies on (November 2009 and February 2010). During their visits, YCHA’s responsibilities once it receives a completed the Grand Jury performed visual inspections of the site “Incident” form. Staff stated their procedure is to review exterior, walkways, common areas, and investigated and respond to the report according to their opinion safety conditions of living units at RSM. Time did not of the severity of the issue. Incident reports on tenant permit a review of YCHA emergency preparedness plans safety may be forwarded to YCHA senior management for senior and disabled residents. by supervisory staff if they consider the matter severe. In this instance, the complainant submitted multiple WHat tHe JurY deterMined incident reports, over the course of four or more months, The Yolo County Board of Supervisors created regarding the disruptive tenant. The complainant did a Risk Control Policy Statement for YCHA in 2008, not use the official YCHA form, but reports contained stating “the safety and well being of the residents and the essential information. No action was taken by the employees of the Housing Authority of the County of YCHA. Staff acknowledged complaints were simply 20 read and filed. Eventually, the troubled tenant moved the system is operating correctly, and whether due to a medical crisis. alarms are detected and responded to by others. With regard to other safety conditions in the living F-4 The job descriptions of staff who have direct units at RSM, building exteriors are equipped with Knox oversight of housing projects do not adequately boxes that hold unit keys for emergency personnel. address tenant safety. Nineteen impediments to foot and wheelchair travel F-5 Supervisory staff have not ensured compliance were noted during YCHA’s November 2009 inspection. with established policies and procedures regard- These and three other impediments noted by the Grand ing responsiveness to tenant complaints. Jury have been corrected. Living units for seniors and the disabled are reCoMMendationS equipped with emergency pull cords in bedrooms and
R10-17:
Enforce eviction procedures to remove tenants bathrooms. The cords are to be pulled in case residents who pose significant physical safety hazards to need emergency assistance and cannot use a telephone. themselves or other tenants, in accordance with Pulling the cord is supposed to activate an exterior light federal, state, and local laws. and a siren to alert others for the need of emergency assistance. The Grand Jury could not confirm that this 10-18 Enhance the emergency pull cord system to system is operational. ensure that emergency alarms actively notify The Grand Jury received conflicting information an on-duty responder. Coordinate planning with from staff regarding how the critically-important pull tenant council to ensure the new system is cords worked, e.g., what alarms might be activated sufficient, but not intrusive to tenant privacy. and whether alarms might automatically notify first When on-site, staff should respond to pull cord responders. Despite a lack of clarity as to how the pull alarms. cord systems operate, staff seems to assume that the 10-19 Include tenant safety in job descriptions, in clud- system works. As noted above, staff do not respond to ing those for senior management, and incor- pull cord alarms. porate disciplinary measures for staff who fail to Inspectors are hired by YCHA to periodically inspect identify or act on tenant safety problems. the units, and the most recent inspection included the 10-20 Promote monitoring and awareness regarding pull cords. Maintenance workers accompany inspectors tenant safety issues. Reporting should be coordi- either to make repairs on-the-spot or prepare work nated with tenant councils to promote accuracy orders. The February inspection revealed that cords in and completeness. about one-third of the units were not accessible, either
R10-21:
Institute annual training sessions on safety and blocked by furniture or tied up too high to be reached by emergency preparedness for the entire staff and a person on the floor. tenants. The review of the job descriptions revealed that neither of those for the two supervisory positions that CoMMentS have the most day-to-day-contact with and oversight of The Grand Jury is particularly concerned about the the tenants (Real Estate Housing Services Supervisor state of the senior and disabled residents’ alarms at RSM and Housing Specialist II or Project Manager) contained because it is in an area well-known for gang activities. any specific statement regarding their roles in tenant For this reason, the Grand Jury urges YCHA to enhance safety. surveillance and safety measures at this site. FindinGS reQueSt For reSponSe F-1 Despite multiple complaints, the YCHA did not Pursuant to California Penal Code Sections 933(c) take action to deal with the disturbed tenant and and 933.05, the Yolo County Grand Jury requests a thereby jeopardized the safety of other tenants. response as follows: F-2 The failure to deal with the disturbed tenant From the following governing body: posed a potential risk for a minor. • YCHA Board of Commissioners (Findings F-1 F-3 The emergency pull cord system may or may through F-5; Recommendations 10-17 through 10- not be effective, depending on whether cords are 21) appropriately deployed inside the units, whether 21 department of alcohol, drug, and reviews, and site certification. Frequency of reviews can range from one to three years, depending upon the Mental Health Services reviewing agency (e.g., the State Controller or the State Department of Alcohol and Drug Programs) and the SuMMarY particular program being evaluated. In some instances, The 2009-2010 Yolo County Grand Jury reviewed ADMH staff is assigned to assist reviewing agency staff. the services provided by the Department of Alcohol, Procedures and policies regarding releasing private, Drug, and Mental Health Services. The Grand Jury personal medical records are in the ADMH manual. interviewed management within the department to obtain In general, private individuals may get a copy of their background information and to learn about methods of records by completing a release of information form. providing service. The department, like other county Since the medical record could be long or complicated, agencies, is experiencing budgetary problems that are a staff person may speak with the individual to help impacting clients. narrow the search for the requested information, rather than making a copy of the entire record. The individual reaSon For viSit must pay for the cost of copying the record. After California Penal Code Section 925 provides: “The receiving the completed release of information form, it Grand Jury shall investigate and report on the opera- takes ADMH approximately five days to respond to the tions, accounts and records of the officers, departments, request. or functions of the county, including those operations, If another medical provider requests a copy of accounts and records of any special legislative district private medical records, a release of information form in the county created pursuant to state law for which must be signed by the individual or the individual’s legal the officers of the county are serving in their ex-officio guardian. As with an individual request, it takes ADMH capacity as officers of the districts.” Pursuant to that approximately five days to respond to the request after statute, the 2009-2010 Grand Jury visited the Department they receive the completed paperwork. of Alcohol, Drug, and Mental Health Services (ADMH) The most challenging privacy issues deal with at 137 North Cottonwood Street, Woodland, CA. “transition age youth” (ages 16-25 that are transitioning The Grand Jury visited ADMH because it had been into adulthood and learning to be responsible for 10 years since the department has had a Grand Jury themselves). Depending upon the issue and criteria, oversight visit. The visit took place on January 15, 2010. described either in the California Family Code or the The Grand Jury’s investigation included conducting California Welfare and Institutions Code, parents may interviews and reviewing the department’s procedure not be able to see or get a copy of their child’s medical manuals. record. The most common frustration for parents occurs when their child turns 18 years old, and legally the WHat tHe JurY deterMined parents no longer have a right to review the medical ADMH’s mental health target population is the records, unless the adult child consents. Under certain seriously mentally ill adults and seriously emotionally circumstances, such as sexual assault, parents of children disturbed children and youth with Medi-Cal or no as young as 12 years old may not be able to review insurance. The alcohol and other drug population is medical records. served based on state and federal guidelines, as funding ADMH is beginning a quality review of how allows. It complies with the federal Health Insurance it manages its treatment plans. Treatment plans are Portability and Accountability Act (HIPPA) that sets reviewed annually, more often in some cases—typically the national standard for privacy of health information. with youth because of the nature of their issues, both ADMH also has its own departmental policy and pro- biological and psychological. Medication may be part of cedure manuals. All employees have access to these an overall treatment plan for a client. manuals, both in a printed version and in an internal, ADMH recently changed the process by which online electronic version. All employees are required to people are assigned appointments (the intake process) review the manuals. which reduced the amount of time people have to wait The department also is subject to state and county for their first appointment. The first step occurs when policies and procedures, and is routinely reviewed a person comes to ADMH seeking assistance; they are regarding their compliance to these. The state reviews referred to the triage and care team who make an initial take the form of cost report reviews, audits, program assessment of whether or not the person is in crisis. If 22 the person is not in crisis, he or she is scheduled to come contracts for space in regional facilities. to an orientation session. These group sessions are held Institutes for Mental Disease (IMDs) provide the twice a week. At these sessions, the potential clients next level of care. These are locked facilities for clients are told what services they can expect, review financial who do not meet the criteria to be hospitalized, but need information, and are given an appointment slip. In most a higher level of care than can be found at board and care cases, a person can get into an orientation meeting that facilities. Clients in this level of care are usually under same week and have an appointment within a week conservatorship. There are no IMDs in Yolo County, so or two. There are usually five to eight people in an ADMH contracts with IMD facilities in the surrounding orientation meeting. However, if the person is perceived area. to be in a crisis, they are scheduled for an appointment The highest level of care is for clients who need that same day, or are referred to the hospital. On some to be hospitalized. For cases where the client needs to occasions police may be called for assistance. be hospitalized without consent, the department uses Prior to this intake process change, people would the psychiatric ward at Woodland Healthcare. ADMH wait four to six weeks for an appointment. Frequently also has two beds at Safe Harbor, a facility run by Yolo people would forget to show up for their appointments, County Continuum of Care; which is a crisis residential complicating ADMH’s ability to deliver services. Under program for acute clients, those with the potential to this new intake process, there are fewer “no shows.” In harm themselves or others. addition to the appointment slips, the department now Like all other county and state agencies, ADMH gives reminder calls to clients one or two days before is facing difficult choices regarding what services it the appointment. Administrators in the department feel can provide in the coming months. It has faced budget that the changed intake process leads to more efficient and staffing cuts, yet is committed to providing mental delivery of mental health services in the county. health services. Most clients pay for their services, so More complicated intakes take longer to process. the bigger issue is the non-paying client. The county can An example would be a “co-occurring” intake in which no longer afford to carry these clients. For ADMH to a client has both mental health issues and a drug or be fiscally sound, the department is considering how to alcohol problem. ADMH partners with other county restructure the way it conducts its business. It needs to agencies, such as the Department of Health or the Pro- have 80-95% of its clients paying for services, normally bation Department, and has 80 contracts with other through medical insurance. Most of these clients likely agencies and non-profits to provide services. According use Medi-Cal since people with private insurance usually to one of these agencies, in outlying offices, the intake go to private mental health providers. process works the same, but could take longer. In some cases, the other agency may take another month to get a FindinGS psychologist appointment and 10 days to a month to see F-1 ADMH has a standard and well-documented set the psychiatrist for an appointment and a prescription. of procedures, among many other requirements, It is not unusual to take up to three months to get a designed to protect client confidentiality and prescription or to change medication. privacy, and has a procedure to make client Not all services are provided at the department site. records available upon request. Many of the community-based services take place in the F-2 ADMH is taking action to restructure and revise field—usually homes, schools, or more neutral ground the way it conducts business to provide mental such as a coffee shop. Such field visits are especially health services to Yolo County residents in light helpful for transition age youth. Community-based of budget and staffing cuts. services include teaching life skills, parenting skills, filling out Social Security Insurance applications, or helping the client to find housing. ADMH provides residential mental health services in several locations. There is a hierarchy of residential services. The first level of care is board and care homes. Adults in board and care live in a residential setting, and the facility is unlocked. Board and care homes for children are referred to as group homes. There are board and care homes in the county, and ADMH also has 23 First 5 Yolo vide the First 5 commissioners with a viable plan that can be carried out to complete the requested grant. The Grand Jury reviewed the First 5’s Six Year reaSon For tHe inveStiGation Sustainability Plan, their first two operational year Visits were made to First 5 Yolo (First 5) as a result budgets, a report listing the past year’s accomplishments, of a citizen’s complaint regarding funds received by and the procedure used by the Yolo County auditor to First 5, the perceived lack of transparency, and whether prepare information that is used by the independent or not generally accepted accounting practices (GAAP) auditor. The independent audit is completed at the end were used. of each fiscal year (June 30). The audit information, California Penal Code Section 925 provides: “The reports, and copies of the budget, with a listing of funded Grand Jury shall investigate and report on the opera- partners, are available to the public and may be obtained tions, accounts and records of the officers, departments, by request. or functions of the county including those operations, accounts and records of any special legislative district or FindinGS other district in the county created pursuant to state law F-1 First 5 funds are kept in a designated account for which the officers of the county are serving in their and are spent in an open and fully transparent ex-officio capacity as officers of the districts.” manner. F-2 The agencies and non-profits funded by First 5 aCtionS taKen grants have demonstrated to the First 5 commis- The Grand Jury met with First 5 managers to sioners that they can carry out their pro posed discuss its funding and auditing procedures, and how the plans. funds could and could not be used. They also obtained F-3 The grant contract limits administrative funds background information about the program. (not equipment or supplies) to a maximum of 10%. WHat tHe JurY deterMined F-4 Independent auditors have determined that GAAP First 5 began in 1998 with the passage of Proposition are being followed. 10, the Children and Families Act. This Act provided for a 50-cent a pack tax on cigarettes to fund smoking reCoMMendation prevention, health and early intervention programs for 10-22 The First 5 Board of Commissioners should prenatal care and for children under the age of five. resist the state’s attempts to put Proposition 10 A Board of Commissioners, appointed by the funds into its General Fund. County Board of Supervisors, decides how the funds are to be spent. The funds are not to be diverted to programs reQueSt For reSponSe other than First 5. At the time of the visit and audit, Yolo Pursuant to California Penal Code, Sections 933 County’s First 5 2009-2010 budget was $3,895,245. (c) and 933.05, the Yolo County Grand Jury requests a These funds were to be used for: response as follows: • Improved Family Development (parenting home From the following governing body: visits, in-home nurse visits, foster family recruitment • First 5 Board of Commissioners (Recommendation and retention, the child advocate program, etc.); 10-22) • Improved Child Development (education stipends, child care, preschool programs, reading programs); • Improved Health (access to dental care, Healthy Kids Insurance program, perinatal substance abuse education and training, car seat distribution and safety education); and, • Improved Systems of Care (mental health provider education and access). The funding is granted to existing county agencies and non-profit healthcare groups that are involved with child healthcare and education. These entities must pro- 24 Yolo County Juvenile detention • The three receiving cells in the intake and booking area were clean and had drinking water and toilet Facility facilities. • One area, A-POD, is used to house females and boys reaSon For viSit younger than 14. The visit was part of the oversight role required in • The hallways were clear. Doors were closed and California Penal Code Section 919(b), providing that locked along the hallways. “The Grand Jury shall inquire into the conditions and • The exterior of the building and grounds were well management of public prisons within the county.” kept. • The storage areas were neat. aCtionS taKen • Meals are prepared at the Monroe Detention Center The 2009-2010 Yolo County Grand Jury visited the to suit individual needs, including religion, diet, Yolo County Juvenile Detention Facility (YCJDF), at allergies, etc. Meals are delivered with the detainee 2880 Gibson Road, on December 11, 2009. They met name and needs written on them. The state pays with staff, toured the facility, obtained background for detainee breakfast and lunch under the school information, and discussed results of recommendations breakfast and lunch program. The county pays for made by previous grand juries. snacks and the evening meal. Volunteers also bring WHat tHe JurY deterMined in snacks, and on occasion bring in special meals or picnics. The facility’s capacity is 90 detainees, with the typi- • Rules of conduct were posted and are explained to cal occupancy being 82 to 86. On the day of the visit, detainees and visitors. there were 71 detainees — 25 from Yolo County plus 25 federal and 21 state detainees. The facility opened • The Control Room provides surveillance of PODs, in August 2006. It was designed to have four PODs, corridors, open areas, classrooms, and exercise areas. but only three have been built. Each POD includes 18 The back-up unit is in the same room. Individual rooms, consisting of 6 single detainee rooms and 12 staff members monitor the console in four-hour double rooms. Each POD also includes two classrooms, shifts. with libraries, teacher area, whiteboards and computer • The cameras record everything on two DVRs and stations, plus a supervised common room where de- recordings are kept for a year. tainees can eat meals together and watch television. There are adjacent exercise rooms, a control center, and Staff and Security showers. • There is adequate staff to supervise detainees, and The facility is also a State and Federal Contracting cover vacations and sick days. Detention Facility. Copies of state and federal inspections • About half of the staff is bilingual, mostly in Spanish. are available upon request. Other language support is available to the facility. The district attorney may charge some juveniles as • Most gang members are housed in C-POD. They adult offenders. Juveniles charged with adult offenses are not separated by affiliation. Open movement is are held at the juvenile facility until adjudicated or until allowed in the POD as long as confrontations are they reach 18 years of age, at which time they are moved avoided. to the adult facility. Many of the juvenile sentences are for a specified Health and Mental Health number of days; others may be indeterminate, based on attitude and reason for detention. • The staff receives training in suicide watch. Clothing for detainees is designed to minimize suicide risk. physical plant • During booking, medical information is provided • Overall, the space is well lit and well designed. The by the detainee. Medical and dental services are temperature is regulated for comfort. No graffiti available. There is a medical professional on site was seen and the neutral paint color was in good during the day and on call at night. Detainees condition. Staff and administrators walk inside and generally receive medical attention within four outside the whole facility monthly, specifically to hours of complaint. A physician is available on call look for maintenance needs. 24 hours a day. 25 • Evaluations for medical, dental, and mental needs or • According to staff, most grievances pertain to food requests are done within 96 hours of booking, unless portions (too small) and shower time (too short). staff determines there is an immediate health risk. • Discipline seems to be administered fairly. Most • Mental health services are available on call, by discipline involves loss of privilege and activity EMTs and Yolo County Department of Alcohol, participation, or lock down for serious cases. Drug, and Mental Health, when needed or requested outside Contact by a health professional. Detainees needing mental health services are usually seen within eight hours. • Visiting times fit the schedule of the facility; • The Medical Department is accredited by the special visiting times can be arranged, generally on Institute of Medical Quality (IMQ). weekends. • Staff supervises the visits (at a distance), watching programs for improper actions or passage of contraband. • Some group therapy sessions, such as aggression • Detainees may lose visiting privileges as a disci- reduction, are available. plinary measure. • Visits by attorneys and clergy are in closed rooms, • Detainees are required to use the exercise room with staff supervision through windows. for one-hour per day. Male and female detainees are offered the same exercises and equipment at • Detainees have access to telephones when in the different times. common room or during exercise periods. • Vocational classes are available for computer skills, • There is limited free postage for indigent detainees. mostly during regular class hours. • Detainees are aware that staff may read mail, but • The work program allows those with good behavior mail is generally only checked for contraband (drugs to help at the nearby animal shelter or perform or money). maintenance work. personal Cleanliness and Clothing • Community volunteers are on site most days, • Detainees are allowed one shower a day. Minors providing mentoring and living skills discussions. shower individually in shower stalls, equipped with Mentors and volunteers are students from the local a door so there is privacy. Showers are supervised for colleges and members of the community. The time, but not directly viewed. Showers are cleaned volunteer program is strong with qualified and daily. interested people. • The detainees appeared well groomed. The facility has clothing that is seasonally appropriate. educational program • Slip-on style shoes are worn outdoors. Flip-flops are • The Yolo County Department of Education provides worn indoors. the teachers and curriculum for the classes at the • On intake, detainees are issued clothing, including facility. Normal ADA (Average Daily Attendance) underwear and shoes. This clothing is not assigned applies and there is some federal support for the to them, nor is the clothing size necessarily specific school programs, alternate education methods, to the person. and transition to regular education. The City of Woodland Library Literacy Program provides the • Laundry is collected and washed as a group, without GED program under contract with the Probation identifying which person had previously worn the Department. garments. Laundered garments are retrieved by the individual from a pile of clothes. • There are six teachers (two per POD), with two substitutes. There is also a bilingual educator to other observations assist in teaching the Spanish-speaking detainees. • Rules are explained to detainees at intake and a • About 95% of the detainees attend school sessions. booklet given to them to read. • There were supplies and computers in the classrooms. • Separation of detainees is based on severity of crimes. Most of the detainees are in the PODS. Grievances and discipline Those found to have committed lesser crimes, such • Detainees can file a grievance form. These are kept as drug use and running away, are usually sent to on file for five years. Diogenes Center, a supervised group home. 26 • TV is used in classroom settings for education Monroe detention Center and group programs. Staff controls commercial television viewing. reaSon For viSit • In the classroom, male and female detainees are California Penal Code Section 919(b) provides that: separated by an empty desk to prevent touching, etc. “The Grand Jury shall inquire into the conditions and • The facility was well kept and efficiently run. management of public prisons within the county.” • The staff was informative, well trained, disciplined, and tolerant. aCtionS taKen FindinGS The 2009-2010 Yolo County Grand Jury visited the Monroe and Leinberger Detention Centers (Yolo County F-1 As there is no provision for individual laundry Jail) at 2880 Gibson Road, on September 25, 2009. The collection and washing, after each washing, Grand Jury met with the jail managers and staff, visited individuals must select clothing (including the jail, obtained background information, and reviewed underwear) from bulk piles assorted by size. If the results of previous inspections. The visit included a they cannot find the correct fit, they must make briefing on confinement processes and a walk-through of do with what is available. the jail facilities. Various major areas within the centers reCoMMendationS were inspected, including the laundry, kitchen, exercise areas, and detention areas of both units.
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Provide mesh wash sacks to detainees so they may keep track of clothing originally allocated WHat tHe JurY deterMined to them, and to give the detainee a sense of ownership and self respect. The jail’s maximum capacity is 455 inmates – 313 at the Monroe facility and 142 at the adjacent Leinberger Pursuant to California Penal Code, Sections 933(c) Center. Equipment is available for providing in-home and 933.05, the Yolo County Grand Jury requests a custody for 20 additional inmates. They are fitted with response as follows: ankle bracelets that register an alarm if they leave their From the following individual: residence. There are two portable Sobriety Units that can • Chief Probation Officer (Recommendation 10- 23) be used to monitor probationer blood alcohol levels. As noted in the 2008-2009 Grand Jury report, the facility operates under a Federal Consent Decree, which restricts the number of inmates that can be housed. It also pointed out that the jail’s capacity has not kept pace with the population growth in the county. Adherence to the Consent Decree necessitates early release of inmates. There were 3,031 early releases because of overcrowding in 2009, which included 36 inmates charged with felony offenses (as of December 10, 2009). The limited capacity also requires moving inmates and re-designation of facility use as well as programs to segregate inmates by gang, political or ideological persuasion, and sexual orientation. The jail houses people sentenced for one year or less, and those awaiting trial. As of December 4, 2009, there were 405 inmates in custody: • 386 for 1 year or less; • 11 for 1 to 2 years; • 1 for up to 3 years; • 1 for up to 4 years; and • 5 for more than 4 years. The rate of return to custody has been stable in numbers and percentages over the last three years. The 27 following information was compiled on April 22, 2009: • There have been no inmate escapes since the 2008- • 401 inmates were in custody; 2009 Grand Jury visit. • 79% of those inmates have previously been in Yolo • The security system where inmates and visitors County custody; enter the facility (the Sally port) appeared effective. • 60% of inmates have returned to Yolo County There is backup control and a separate power source custody two or more times since August 2005; for the Sally port. • 47% have returned three or more times. • Staff are required to attend training and continuing education sessions throughout the year. The cost to keep an inmate per day is $122.46. The Monroe Detention Center is a Contracted Prison Health and Mental Health Provider for federal and state governments for parole • The staff receives training in first aid, CPR, and violators, inmates with minor crime convictions, or those suicide watch. Clothing for suicidal inmates is de- waiting for court dates. The present contract rates are: signed to minimize risk. the federal government pays $64.32 per inmate per day and the state government pays $77.17 per inmate day. • Since the 2008-2009 Grand Jury visit, there have When there are available beds at the detention facilities, been no deaths or attempted suicides. the sheriff rents them to the federal government to house • The county contracts with a private provider for on- federal inmates at the contracted rate. That makes less site and on-call professional staff to provide health space available for local detainees, but brings income to services. Detainees are seen as soon as possible upon the county. In 2009, the income from state and federal report of illness or a health concern. There also is a inmate housing contracts was $362,686. These funds go psychiatrist and physician on-site twice weekly; a back into the Detention Center account to defray the cost dentist is available on-site every two weeks. of incarceration. programs physical plant • Some sports and exercise equipment are available. • In the Monroe facility, there are 197 cells as well as • Inmates can participate in vocational training such as three medical cells. Eighty-one cells can be con- gardening, painting, and custodial food preparation. verted to accommodate two people, which are • The following programs also are available: parenting always at capacity, 25 cells for females and 56 cells skills, anger management, drug and alcohol abuse for males. reduction, religious services, Administrative-Segre- • Graffiti and scratched paint were noticed in the ga tion (AD-SEG) socialization and Women Escap- holding areas. Cells are checked daily and if graffiti ing a Violent Environment (WEAVE). AD-SEG is observed, inmates are instructed to remove it or sociali zation is a program for inmates who have been face disciplinary action. Painting is done on an as- in solitary lockdown to learn appropriate social skills needed basis. POD A-2 was completely repainted in allowing their return to general incarceration. 2009. • There are funded educational programs. The City • The holding area has access to drinking water and of Woodland Library Literacy Program provides toilet facilities. education support, on a contracted basis, which is • The hallways were clear and doors were closed and paid for by the Inmate Welfare Fund, at no cost to the locked. taxpayers. This program can lead to an accredited • The exterior of the buildings and grounds appeared GED degree, and approximately 10-12 inmates were well kept. participating at the time of the Grand Jury’s visit. Inmates also have access to paperback books and • The kitchen area was clean. All knives were secured other reading materials. on cables and counted at the end of each shift. Staff and Security Grievances and discipline • The ratio of staff to inmates averages 1 to 22, includ- • Rules and procedures were posted on bulletin boards ing 20 officers and 2 sergeants for each shift. Staffing in each POD. may be reduced by vacations, furloughs, illness, etc. • Inmates may file grievances. • Some of the staff are multilingual to accommodate • An effort is made to ensure that dietary requests the diversity of the inmate population. and needs (e.g., gluten free, vegetarian, allergies, 28 re ligious, etc.) are met. There were minimal com- reCoMMendationS plaints about the food. 10-24 The county should pursue additional federal and • Discipline options range from verbal warnings to state funding for jail expansion to keep up with lockdown. Unruly individuals may be segregated the county’s population growth. from the group. 10-25 To reduce recidivism the county should consider seeking partnerships to provide additional educa- outside Contact tional and training programs for inmates. • Inmates may use a phone upon request when outside of their cells. reQueSt For reSponSeS • Limited free postage for indigent inmates is available Pursuant to California Penal Code, Sections 933(c) from the Inmate Welfare Fund. and 933.05, the Yolo County Grand Jury requests re- • As a normal practice, mail is not read by staff, how- sponses as follows: ever, it is checked for contraband. From the following governing body: • Visitation to all inmates, except those in lockdown, • Yolo County Board of Supervisors (Recommenda- is available, per state regulations and according tions 10-24 and 10-25) to the Detention Division Policy Manual, which defines visitors, variations to times, days and hours of visits, frequency of visits, attire, rules for visiting, family visits, professional visits, attorneys and clergy visits. The policy allows a minimum of two 30-minute visits per week, unless the inmate has had the privilege suspended. The visits are not recorded, but they are closely supervised. • Visits with attorneys and clergy are confidential, unsupervised, and not recorded. Staff only observes from a distance. other • The Grand Jury interviewed some Leinberger in- mates without staff present. Inmates seemed forth- coming and had no complaints about the facility. • The Policies and Procedures Manual review and up- dating has been completed, as recommended by the 2008-2009 Grand Jury. The updated policy manual has been reviewed and approved by the county counsel. The new Policies and Procedures Manual was introduced to staff during four training sessions in February and is now fully in effect. FindinGS F-1 The areas visited by the Grand Jury appeared to be clean and well maintained. The staff was informative and well trained. F-2 The number of inmates released early indicates that the confinement needs of the county are not being met. F-3 The return rate is significant and contributes to the overcrowding in the Monroe Detention Center. Woodland Fire department emergency medical services as well as to recover the reasonable costs resulting from these services. California Health and Safety Code Section 13916 states that the reaSon For inveStiGation fee shall not exceed the reasonable costs of providing California Penal Code Section 925(a) authorizes the service. FRUSA’s billing rates are based on a price the Grand Jury to examine the books and records of any schedule used throughout the country; for example, $435 incorporated city or joint powers agency in the county, for scene safety and investigation; and $605 for car fires, and to report upon the operations, accounts, and records scene safety, and fire suppression. The actual cost of the of the officers, departments, functions and the methods individual service is not taken into account. or system of performing the duties of any such city or City contracts are not required to undergo an open joint powers agency. bid selection process. FRUSA was not an open bid On June 2, 2009, the Woodland City Council passed selection. Ordinance No. 1506 which established a new user fee for WFD has not realized the economic benefits emergency services. The ordinance took effect on July 1, anticipated by the passage of Ordinance No. 1506. Its 2009. As this ordinance creates new user fees, the Grand budget was cut in Fiscal Year 2009/10 by $167,000 Jury determined that an investigation was needed. and the city loaned WFD money in anticipation of the potential revenue from the ordinance. Only $20,000 aCtionS taKen was collected between July 1 and September 30, 2009. The Grand Jury focused its investigation on the In order to collect the $167,000, WFD would have to Woodland Fire Department (WFD) and Fire Recovery collect a minimum of $13,916 a month. USA, LLC (FRUSA), the fee collection agency. The Grand Jury interviewed key individuals and examined FindinGS the following documents: Ordinance No. 1506, the F-1 The fees charged are based on a national schedule service contract for fee collection, policies, procedures, provided by FRUSA. They are not determined and billing records of the two agencies pertaining to the by WFD. new fees for emergency services. F-2 The fees are not in compliance with California Health and Safety Code Section 13916. WHat tHe JurY deterMined F-3 WFD entered into the agreement with FRUSA The contract for collecting fees was awarded to without an open bidding process for companies FRUSA, a national organization with satellite offices offering similar services. throughout the United States. After an emergency F-4 The fee recovery program does not appear to be services call, WFD personnel complete a computer- meeting its projected revenue. generated invoice which is e-mailed to FRUSA. FRUSA bills the insurance company of the involved parties. reCoMMendationS Uninsured parties are not billed. FRUSA receives
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That the City Attorney advise the City Council 17% of all money collected. The remaining funds go on the legality of the program. to WFD. As of the writing of this report, FRUSA has
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That a fiscal analysis be made to determine collected 90% of the invoices they have submitted. If the whether or not the program is cost effective. insurance company denies the claim, FRUSA does not
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That the WFD use an open bid process for pursue payment. companies performing similar services. The following are examples of how the billing works. If a suspected explosive device were located at a reQueSt For reSponSe residence and called into authorities by a passerby and Pursuant to California Penal Code, Sections 933(c) the device proved not to be explosive, FRUSA would and 933.05, the Yolo County Grand Jury requests a bill the homeowner’s insurance company a minimum of response as follows: $700.00 for the fire department’s response, irrespective From the following governing body: of the homeowner’s responsibility. In the event of a pipe breakage on the property, the homeowner’s insurance • The Woodland City Council (Findings F-1 through would be billed for the call regardless of any culpability F-4; Recommendations 10-26 through 10-28) of the homeowner. From the following individual: In California, fire protection districts are authorized • Woodland Fire Chief (Findings F-3 and F-4; by the Health and Safety Code to provide rescue and Recommendations 10-27 and 10-28) 30 esparto Community Services Washington Unified School district district reaSon For inveStiGation SuMMarY California Penal Code Section 933.5 authorizes the The Grand Jury investigated a complaint about Grand Jury to examine the books and records of any student fighting and attacks on staff at the high schools special purpose assessing or taxing district, located in the Washington Unified School District (WUSD), wholly or partially in the county, and to investigate and West Sacramento. The Grand Jury visited and inter- report on the method and system of performing the duties viewed students and staff at both high schools and two of such district. Pursuant to that statute, the Grand Jury elementary schools. None of those interviewed expressed investigated a complaint that the response of the Esparto security concerns. Community Service District (ECSD) to the 2007-2008 Grand Jury report (published in 2009) was misleading reaSon For viSit with regard to the investigation of a lost deposit. California Penal Code Section 933.5 authorizes the Grand Jury to examine the books and records of aCtionS taKen any special purpose assessing or taxing district, located The Grand Jury met with the complainant to verify wholly or partially in the county, and to investigate and and understand the nature and scope of the complaint. report on the method and system of performing the Subsequently, the Grand Jury interviewed district duties of such district. personnel. They described how the ECSD is managed The Grand Jury received a citizen’s complaint and what services it provides to the community. The regarding incidents of students attacking staff, and Grand Jury also observed the methods and procedures fighting among students at River City High School used by ECSD employees to reconcile customer in- (RCHS). In a subsequent interview the complainant voices, incoming payments, and bank deposits. Many of also alleged that a similar situation existed at the Yolo the issues originally reported in the 2007-2008 Grand Alternative Education Center (YAEC), a continuation Jury report were reviewed, along with the responses school. submitted by the general manager to that report. At the completion of the tour, the Grand Jury received and aCtionS taKen reviewed a copy of the 2007-2008 independent financial In order to investigate the allegations, the Grand audit of the ECSD. Jury visited the WUSD office, RCHS, YAEC, Southport Elementary School, and Elkhorn Village Elementary WHat tHe JurY deterMined School. The Grand Jury observed several teachers and The Grand Jury found no evidence of financial staff with classes in session and also the counseling irregularities. The ECSD staff was forthcoming and center at YAEC. During a class break, small groups and cooperative. ECSD’s financial verification methods indi - individual students also were interviewed. cate sound business practices and provide for recon- ciliation between customer payments and bank deposits. WHat tHe JurY deterMined Consecutively-numbered hard copies of each customer Each school visited by the Grand Jury had a school payment are made, become part of the deposit record, safety plan and incident reports on file. RCHS has 29 and are kept on file for two years. ECSD employees take surveillance cameras, 20 outside and 9 inside the build- the deposits to the bank. Each deposit is checked by three ings. They have five campus supervisors. Three vice- different employees, including the general manager, to principals assist with security and safety. verify contents and accuracy. The YAEC has no security cameras. They have two campus supervisors, an outreach specialist (counselor), and a school resource officer (West Sacramento Police Officer). During the classroom visits, students were actively involved with class work, they were polite and responsive to the teachers. Students that were interviewed were very open with their responses to questions from 31 the Grand Jury. They did not express concerns with Esparto Unified School District regard to safety and security. In the 2009-2010 school year at WUSD there have reaSon For viSit been incidents of fighting at both high schools. The California Penal Code Section 933.5 authorizes school administrators who were interviewed stated the the Grand Jury to examine the books and records of frequency of fights or disturbances had declined. any special purpose assessing or taxing district, located In an effort to create a safer environment, there is wholly or partially in the county, and to investigate and a dress code that requires uniforms at all elementary report on the method and system of performing the schools. At all school levels, clothing must avoid gang duties of such district. Pursuant to the statute, on January references. Staff at the YAEC has received training in 15, 2010, the Grand Jury visited the Esparto Unified de-escalation of potential violent situations. YAEC has a School District (EUSD) office at 26675 Plainfield Street, “real-time” computerized referral system called School- Esparto, CA. wide Information System (SWIS). Incidents are reported to the school counselor. With a few keystrokes, teachers aCtionS taKen and administrators using this system can reference an individual’s history of referrals and infractions. SWIS The Grand Jury met with school officials and staff. provides ready analysis of student background issues The Grand Jury walked through the high school campus, that assists in identifying and resolving problems. the middle school campus, and toured the new district kitchen and multi-purpose center. FindinGS WHat tHe JurY deterMined F-1 None of those interviewed at YAEC expressed fear or safety concerns. The new kitchen and multi-purpose center, com- F-2 School-wide Information System (SWIS) was pleted in October 2009, are in the same building. The used at YAEC. This system can provide an multi-purpose center includes a gym large enough for individual’s history of referrals and infractions. basketball games, other athletic events, school dances, F-3 There are no security cameras at YAEC. or stage presentations. The stage area also can serve as a classroom. The kitchen is spacious and well equipped reCoMMendationS with a walk-in pantry, walk-in refrigerator, and a large
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Adopt and use the School-wide Information freezer. In addition to the three sites in Esparto, the System throughout the district. kitchen facility is designed to serve the Madison Contin-
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Install security cameras outside and inside at uation School. Custom food containers can be delivered YAEC. by van to these sites. The middle school is a large quadrangle of single- reQueSt For reSponSe story manufactured classrooms, and is well equipped Pursuant to California Penal Code, Sections 933 (c) to meet the learning needs and challenges of the 21st and 933.05, the Yolo County Grand Jury requests a re- century. For example, the principal demonstrated a new sponse as follows: classroom computer system which projects images in real time to a large screen, TV, or monitor. From the following governing body: Due to reduced revenue, one district administrative • Washington Unified School District School Board position was eliminated, and the principal at the Madison (Recommendations 10-29 and 10-30). site has assumed teaching duties as well. Staff accepted furlough days, ranging from six and one-half days for the superintendent, to five days for certificated staff, and to one day for some non-certificated staff. The high school day was reduced from seven to six periods, with plans to return to seven periods next year, if funding permits. In addition, EUSD hopes to add three advanced placement courses in 2010-2011. Assembly Bill 825, a School and Library Improve- ment Block Grant (SLIBG) program passed in 2004, allows districts to move money from categorical funds 32 to district general funds, thereby helping to cope with funding cuts. EUSD received approximately $800,000 from the state via SLIBG. Additionally, the Yocha Dehe Wintun Nation gave the district approximately $335,000 to ease financial needs for the 2009-2010 school year. The EUSD projects a 2-3% budget cut for the 2010- 2011 school year. Despite staff reductions, class sizes have increased only slightly, with an overall average of 24 students. Graduation rates are well above county and state averages. EUSD boasts a graduation rate of 90.4%, while the Yolo County rate is 79.7%, and the State of California rate is 80.2%. Each year, from April through October, about 80 migrant students are enrolled and extra summer school is provided for these students. Student volunteers from UC Davis and Esparto High School help in these classes. CoMMentS The Grand Jury observed that EUSD is a well- functioning and modern school district prepared to face future educational challenges. Staff appeared en- thu siastic, professional, and dedicated to providing academic growth. Students were respectful to teachers and others. The facilities observed were clean and well cared for at both the new middle school and the high school, parts of which are over 60 years old. Despite the fact the migrant students have arrived every year for decades, the assimilation each year is challenging and difficult. Considering this difficulty we congratulate this district for the sustained effort. Knowing that fiscal restraints will continue, EUSD is aware that population growth in the community may require future construction. GRAND JURY County of Yolo P.O. Box 2142 Woodland, California 95776 34