Grand Jury 1996/ 97 Position Paper

The 1996/ 97 Grand Jury, during its tenure in office, has discovered many problems that have hampered it in completing its duties. historically, these problems have been experienced by previous Grand Juries. We feet the responsibilities of the Grand Jury are extremely important and definite changes need, to be made so that the taxpayer is fully represented.

At the beginning of the term jurors are assigned to a committee and informed of their responsibilities. If these jurors have never been on a Grand Jury then training is extremely important. Often jurors are not offered training and it may take up to three months to understand the complexities of the job. This reduces the time that each committee has to spend on reviewing County Offices and/ or citizen's complaints. Therefore, this Grand Jury recommends that a comprehensive training program be presented at the beginning of the term. This should include alternate jurors-

The Grand Jury is assigned the County Counsel as one of its legal advisors. However, because the County Counsel represents County agencies there is a built in conflict of interest. Although provision has been made to hire private counsel, the procedure currently in place is so time consuming, that it is rendered inoperable. Therefore, we recommend that private counsel be obtained for the Grand Jury. A voluntary advisory council should be established. Included in this council would be an attorney, auditor, etc.

The Grand Jury is, in essence, a County Office and should have up- to- date office equipment i. e. typewriters, computers, telephones, fax, copier, etc., in good working order and training to work all the systems in the department. There is a specific need for basic computer training for all new jurors

We recommend that for the continuity of the Grand Jury at least 25% of the Grand Jurors should be held over to serve on next year's Grand Jury, in order to provide experience and leadership to the new jurors.

The Parking situation needs to be addressed. The Grand Jurors are assigned to park across the railroad tracks. Both morning and evening the train blocks the crossing for 15 to 20 minutes. We recommend that Grand Jurors be assigned parking either in the lot adjacent to the Superior Court Building or in the basement of the Superior Court Building.

It is recommended that only one door be keyed for entry to ensure the security of the Grand Jury office.

Kern County Special Assessment Districts

Formal Statement of Position Findings:

Districts throughout the State collect more than $ 1.7 billion dollars annually. They are formed in order to collect revenue from landowners for such things as water wells, sewers, lighting, landscape and decor of specific sites, repairs and maintenance of areas and structures, etc.

Since the passage of Proposition 13, Assessment Districts have become a popular method of obtaining revenue and there are approximately 200 of them scattered around Kem County. The Grand Jury hopes this paper will give the public a better idea of what districts are and some ideas of problems they might want to watch for in their own district.

One of the types of assessments used to obtain revenue is a " benefit" assessment. This is not defined as a tax. It is an involuntary charge on land which pays for a public improvement in, or service to, an area in which the landowners have not shown majority opposition.

The authority to levy benefit assessments comes from over thirty benefit assessment acts in state law. Each of these requires local official to notify landowners of new and increased assessments and bold two public hearings. Assessment laws differ on which agencies can use certain provisions, the services and improvements that can be provided, the method of spreading costs among landowner and whether voter approval is needed.

The California State Constitution does not limit benefit assessments or require voter to approve them, although city and county governments are required to listen to objections and postpone or abandon plans if there is a majority protest.

The Legislature has enacted laws that outline:

Which agencies can use the legal provisions

How official can determine who benefits

Protest procedures

I an election is needed

What the proceeds can finance

There are two ways in which an assessment district may be created, either by a petition signed by 50% or more of landowners or by resolution of the district bo" N the law allows local boards to enact special assessment district, action to do so must be done in a public meeting which is properly announced in advance. Following this, a 45- day notice must be given to landowners announcing a public hearing. If landowners generate a majority protest by their presence or in writing, local officials must abandon the assessment.

Once approved, assessments and work on assessment- related projects may take place immediately.

Under the Landscaping and Lighting Act, assessments can't proceed if landowners, owning more than 50% of the assessable land, protest the plan.

Findings:

1. Many district board members and employees are terribly uninformed as to what their duties are or the many state laws they must comply with.

2. Many districts have failed to put policies and amendments in writing or to provide an up to date filing cross references system. This causes duplicated or conflicting policies and makes it difficult or impossible for the board and employees to operate efficiently and in accordance with the district's policies and ordinances. It also creates problems for the public who may want to become informed.

3 Few boards have taken the time to adopt or follow basic parliamentary procedures at their meetings. Without clear instructions for the board members and the public to follow, havoc is created when issues of substance are under discussion.

4. Micro- management by board members can undermine management's effectiveness.

This Grand Jury joins the 1990- 1991, 1994- 1995, and 1995- 1996 Grand Juries in an expression of outrage at the increasing use of district special assessments, especially since the procedure really violates the will of the people as shown by their vote in favor of Proposition 13 in 1977.

RECOMMENDATIONS:

Those imposing these assessments would do a very complete job of providing reliable information to their constituents that clearly establishes need.

Abundant research should be done to establish more palatable sources of income to which the public would react to in a more positive way. Two- thirds ( 2/ 3) of taxpayers would respond in favor of an assessment before a district board levies a special assessment. 1. Boards should adopt a policy that provides a means of teaching all current and future board members and district employees their basic duties. This could be a combination of manuals, video/ audio tapes, classes or visits to other districts, cities or the County Board of Supervisors. They could contact neighboring districts and pool their knowledge and teaching resources, form classes and seminars to be held locally, etc. Boards need to direct their attorney to educate them on all laws pertaining to the district or board and instruct the attorney to watch for and warn the board of any possible violations of the Brown Act or conflict laws as well as others.

2. If not already addressed, boards should adopt policy whereby a proven computer program be installed for storing all current and future documents, ordinances, procedures, etc.

3. Board members need to create a long term plan for their district. They should provide management with their goals for the current year and a budget that is fair to accomplish their goals. If they have hired a competent manager, his or her reports will show the progress being made. They should make every effort not to interfere in the " daily operations" they pay management to oversee, and should at least annually conduct a formal performance evaluation of the district manager.

NO RESPONSE REQUIRED

LAMONT PUBLIC UTILITY DISTRICT

A review of the overall operation of the Lamont Public Utility district was undertaken as a result of several citizens' complaints. The information derived during this investigation was the result of visits to board meetings, district office, well sites, new sewer pond expansion, and a tour of the current sewer facility. During the investigation, we reviewed all the accounting procedures. We researched the monthly meeting minutes, conducted a thorough interview with all employees of the district, the general manager and the attorney for the district.

FINDINGS:

There have been many issues raised as a result of our investigation. Included are:

I . Questionable and/ or excessive expenditures by the District for travel.

2. A conflict of interest concerning the board president.

3. Lack of a district policy and procedure manuals.

4. Misuse of district vehicles.

5. Misuse of cellular phone.

6. Improper budgeting resulting in a large sewer assessment.

7. Out of date computer system.

8. Lack of petty cash policy and procedure.

9. Lack of formal budget.

10. Lack of training regarding Brown Act and government code 1090.

11. Lack of a travel expense policy.

12. Lack of inventory system.

13. Community Recycling Resource Recovery & Recycling lease resulting in visual plastic residue in farm land. The lease of 160 acres was entered into on 7- 1- 93 by the board. This lease is due to terminate of 6- 30- 98 otherwise it can be renewed year by year. The CR& RR Inc. takes all the waste water from the district. This is used to make compost piles for commercial use. Plastic waste is brought to the site by truck and used in the green waste( grass& leaves). There are 8- 10 tons per day brought and processed. 14. Since 1988 the Lamont Public Utilities District has had uniforms for its employees. This has been done by A- I Industrial Laundry. The president of the LPUD Board owns this laundry. The Grand Jury is investigating this further.

During discussion with the board of directors and General Manager, several ideas for corrective action were reviewed. The computer system needs to be upgraded with the proper program. Duplication of records for the district should be done. Having more people available in the office for shut- off day for security for staff. Having a limit on petty cash withdrawals. Also having a lockable drawer the petty cash. A formal budget needs to be adopted.

There was a lack of order in the monthly meeting. The president and all board members need more training related to the Brown Act and Government Code Section 1090. We noticed many irregularities at the meetings. The items on the agenda need to be explained in greater detail for the public. The public should be able to access back- up documentation for any agenda item. The closed session items on the agenda need to be prepared correctly.

Other areas covered in the interviews were the need to implement a travel reimbursement form when going to seminars. The need to create an expense form for meals and mileage and any miscellaneous expense. A policy needs to be in effect to refrain from taking any family members and/ or spouses on out of town travel. There also needs to be a cross- reference to all ordinances and resolutions. Also covered was that there is a need for an inventory system to track any and all major purchases. A new bid policy needs to be adopted.

RECOMMENDATIONS:

I . The Board of Directors needs to adopt an annual formal budget each year. This would regulate how much is spent on capital improvements. This will allow a regular maintenance program to be implemented for the sewer pond expansion and water lines.

2. The Board needs to adopt a policy to lower the amount of their bid procedure to below the current $ 10,000 amount.

3. Duplicate and store a copy of the district's records off site. There is only one copy of all records.

4. Evaluate and purchase a new computer program to increase the efficiency of the office. Currently the records are done by hand. This takes too much time away from other duties within the office. 5. Currently there is no cross- reference to the ordinances and resolutions. This is needed to know which ordinances and references are valid and which ones are not. The general manager should implement this.

6. An inventory system needs to be developed and implemented to identify all major purchases to include the cost of the item, the quantity ordered, the description, date of purchase and date of approval by the board. It also needs to include the receiving individual and the date of use or disposition and supporting documents as to the location or the method of disposal.

7. The Board of Directors need to implement a travel policy to include a travel reimbursement form. This form could be made up according to current county guidelines.

8. The board needs to establish an expense reimbursement form. This form would be for the purpose of meals and mileage and other miscellaneous items to be reimbursed. Current county guidelines should be looked at. This form, with all receipts, would be turned in prior to the regular board meeting for board approval for payment. No reimbursement will be made by the district without approval. This policy should be strictly adhered to. These items should be in an agenda packet accessible to the public.

9. A formal petty cash policy needs to be implemented.

10. The board needs to adopt a policy regarding employee evaluation. The first evaluation should be at 3 months, then at 6 months and then annually. The evaluation should be signed by the supervisor and employee. The board should evaluate the General Manager annually.

11. The board of directors needs to set a policy about credit card use.

12. The board, as a group, should frequently inspect the district operations.

13. The board should also address all citizens complaints as promptly as possible and refer any complaints to the next general board meeting.

14. The Board needs to be trained in the proper procedures for running a meeting. This should include the Brown Act and Government Code Section 1090 and other Conflict of Interest laws.

15. Prior to public meetings non- file items should be available at the front counter.

16. As a group, the board of directors need to go thru the bills and purchases to be paid for the month prior to any board meeting. Currently one board member does this ten to fifteen minutes before the meeting. It is advised that all board members review these bills at least one hour before the meeting. 17. LPUD should refrain from doing business with any company wherein a board member has a financial interest.

18. The board should set a policy not to pay any bill to any board member's place of business.

19. The board needs to review very closely all the services provided by their attorney to see if he is providing the best legal counsel.

20. The District's attorney needs to take a more active role in reviewing the District procedures to ensure that state laws are not violated.

21. The board and General Manager need to Familiarize themselves with Government Code Sections 87100 and 1090 laws and observe them. As a result of Citizen's Complaints regarding plastic residue in farm land, the Environmental Health Services Department conducted a complete investigation. They have submitted the following findings. They include:

Plastic residues were found in compost located on the CRRR farm. The plastic originates from produce bags and wrap that is intermingled with green wastes processed at the nearby CRRR Composting facility. Film plastic residues were 1/ 2"- 4" in size. These residues are a result of the screen process utilized at the composting facility.

A significant percentage of the plastic waste found on the CRRR farm was considered to be biodegradable.

The Department notified officials from CRRR to abate potential litter nuisances. CRRR staff removed larger plastic residuals from the surface, and disced the stockpiled compost into the soil. CRRR noted that four staff members removed plastic, which was placed in two bags and removed from the premises. The acreage is presently being prepared for planting. We have been further advised that corn will be planted within 14 days. The complaint has therefore been abated.

It should be noted that the Arvin landfill is located within a 1/ 4 mile of the complainant's property. Paper and plastic fitter originated from the landfill, and from vehicles transporting waste on Wheeler Ridge Road also impacted the complainant's property. The contracted operator of the landfill has an agreement with the complainant to reimburse the cost of cleanup associated with these wastes and thereby eliminating the problem.

The beneficial use of compost containing plastic residues is not prohibited by state solid waste regulations. The migration of plastic litter, from one property to another, may be considered a nuisance and is therefore subject to Kern County Ordinance Code. No further enforcement actions were warranted, as the complaint was abated in a timely manner. There are no prohibitions, noted in Title 14CCR, pertaining to the manufacture, storage, or use of compost containing small volumes of plastic, in this case less than 0. 1%. The use of compost on property owned by Lamont PUD for agricultural purposes is accepted in current CRRR Solid Waste Facility permit documents.

The complaints were concurrently received by other responsible agencies, including the California Integrated Waste Management Board, the San Joaquin Valley Unified Air Pollution Control District, and the Central Valley Regional Water Quality Control Board. No enforcement actions were pursued by these agencies.

CONCLUSIONS:

The district board through lack of knowledge or training has allowed many irregularities to occur. The actions taken were with the best intentions, however misguided or misdirected. Although the legality of some of the boards actions are questionable, there was no intent to cause financial damage to the district.

Therefore, the Grand Jury urges the elected members of the Board to carry out their sworn trust and conduct all District business legally, competently and ethically for the benefit of the citizens of the District. RESPONSE REQUIRED TO:

PRESIDING JUDGE OF KERN COUNTY SUPERIOR COURT 1415 TRUXTUN AVENUE BAKERSFIE, CALIFORNIA 93301

The Administrative and Finance Committee

Introduction

In the course of our year on the Grand Jury, we investigated seven citizen complaints. We also met with the following departments, and boards:

Personnel

Civil Service Commission

Board of Supervisors

County Administrative Office

Employee Relations

Special Projects

County Counsel

Risk Management

County Safety Officer Workman's Compensation General Liability Sheriffs Department

Frazier Park Substation

Mc Farland Unified School District Board of Trustees Maricopa City Council

Boron Water District

Kern COG

Kern County Superintendent of Schools

County Auditor

County Assessor

General Services

Property Management We appreciate the cooperation of all, and as a whole found the County to be progressing in the best interest of it's citizens. However, we did find some problems that seem to stem from a common source. That is, a lack of following the procedures set forth by the county, or the various departments. We also found that in some cases, no procedures manual existed. This, of course, raised all sorts of questions and complaints from employees, and the public who felt procedures were not being followed, when in reality, there were none set forth. We strongly urge all County entities to review the procedures outlined for their departments, divisions, districts, and individual jobs. We suggest updating those procedures where needed. If no procedures manual exists, it must be top priority to create such a manual. We strongly urge these procedures to be followed closely in order to avoid potentially serious problems.

22

Released November 1, 1996

Measure L

Measure L was brought to the attention of the Grand Jury as a result of it's investigation of a Citizen Complaint. It is our intent as a Grand Jury that we bring forward any concerns that affect the way County Government is operated. Government functions affect all members of the community, and our concern and obligation is always for the citizens. In 1956, the citizens of Kern County adopted the Civil Service System by vote of the people. The System was set in place to assure ethical and fair hiring practices within the County Government.

On November 5th, 1996 there will be on the ballot a measure that will change this ordinance considerably.

FINDINGS:

The County Personnel Department would be moved administratively from the Civil Service Commission to the Board of Supervisors.

The Board of Supervisors would hire a Human Resource Administrator who would be responsible for the administration of all functions of the County personnel systen4 including those duties now being carried out by the Personnel Director, who is presently appointed by the Civil Service Commissioners. The Commissioners are appointed by the Board of Supervisors.

AR personnel related programs would be brought under the Human Resource Administrator, i. e. Workers Compensation, Training, Retirement, etc.

Employees will be given a choice of having their disciplinary appeals heard by an arbitrator rather than the Civil Service Commissioners.

The Civil Service Commission will remain responsible for developing the rules and regulations for the employment system but will no longer have a director who answers to them.

The original Civil Service Ordinance has been amended ( change) at least 16 times since its inception in 1956, without a vote of the people. All amendments will be validated if the measure passes. Questions:

What will the cost be to the tax paying citizens of Kern County?

We were not given clear answers to this question. many parts of the measure are not settled yet, making is difficult to calculate the cost.

Will arbitration be binding?

This is one of the questions that will not be determined until after the fact, yet we feel it will have a major effect on the cost of the measure.

Who will pay for the arbitrators?

We received conflicting answers to this question. Again, this will clearly affect the cost factor.

Will the Civil Service Commissioners have recourse to enforce the rules and regulations without the Director of Personnel as their administrative arm?

The Grand Jury has been informed that the Commissioners will function as usual and that the process of hiring will be faster. If the Commissioners are still making and enforcing the rules necessary to ensure fair hiring practices, will the process be faster, or impeded?

Will the language of Measure L be clarified to assure that the Commissioners will not be under the Human Resources Administrator?

The language is somewhat confusing, and the Jury is concerned that the law could be interpreted differently than intended.

RECOMMENDATIONS:

1. It is recommended the public be made aware of all past amendments they are voting to validate.

2. It is recommended that an accurate cost analysis be presented for carrying out this measure. The analysis should reflect past history of using arbitrators, and the cost of this practice.

3. It is recommended that an amendment be made, should the measure pass, clarifying the position of the Commissioners, and their relationship to the Human Resource Administrator. Kern County Board of Supervisors

After Measure L

In November of 1996, a measure regarding the Civil Service Ordinance, and employment practices in Kern County came to the attention of the voting public in the form of Measure L. In this measure, among other matters, the voters were asked to validate all amendments that had been made to the original ordinance without a vote of the people. The measure was defeated.

In the months that have followed this committee has watched with interest the Board of Supervisors, the Civil Service Commission, and the Personnel Department as they have interacted with one another trying to work out their differences and find solutions to the problems that face the County in their personnel matters.

It is with some concern that we have noticed a number of actions that appear to be disregarding the vote of the people on November 5th, 1996.

Findings:

There appears to be a number of ways to circumvent the Civil Service Ordinance. First, there is the Temporary Help method. A department can request temporary help from an individual who does not need to take the necessary steps that they would have to go through to acquire the job permanently. This person is not allowed to work more Om 9 months in that department, at which time they are required to take at least a three month break. The need for temporary help exists, and serves a good purpose. It allows the department enough time to find a suitable permanent employee to fill the position. However, it appears that there are Temporary Help employees who are able to make a career out of this service, and work for the County for years without ever going through the required steps to gain permanent employment. They either move from department to department, or work for the same department for years talking, a three month leave every year.

Secondly, there is the Contract method. If a department has in mind a certain person for a position and doesn't want to risk the fate of the position to Civil Service Rules, they can make a contract with the employee of their choice instead. Shortly after the defeat of Measure L this method was tested before the Civil Service Commission, who were very unhappy about the circumstances that faced them, and found themselves in a battle of wits to resolve it, and not create a very dangerous standard of operation in this County.

This year has presented itself with a number of events that gave the Board of Supervisors the opportunity to determine how seriously they would take the vote of the people. One such event was the vacancy in the County left by Joel Heinrichs when he resigned as the County Administrative Officer. Although this position is not one listed by the original Civil Service Ordinance as being exempt, the Board of Supervisors chose to fill the position with a CAO who will serve at the pleasure of the Board.

With the election of Pete Parra to the Board, there was another vacancy open. This was the position of the Employee Training Resource Director. At this opportunity, the Board of Supervisors passed another amendment to the Civil Service Ordinance. They removed the position of ETR Director from Civil Service, and put it under the pleasure of the Board. The Board went on to lessen the qualifications for the position no longer requiring a college degree. One has to wonder what their aim was in lowering the qualifications for such an important position.

Recommendations:

1. We recommend that the Board of Supervisors follow the will of the people as spelled out in the last election.

2. We recommend that if the Board of Supervisors would like to change the law they approach the voting public with their intent clearly spelled out, along with all financial impact, and the advantages for all County employees, and voting public.

3. We recommend that the Board of Supervisors make a sincere effort to work out any differences with the Civil Service Commission and Personnel Director by means of the Task Force, and work diligently to resolve problems, and create a more efficient system

Response Required to:

The Presiding Judge Superior Court of Kern County 1415 Truxtun, Bakersfield, CA 93301

Civil Service Commission

The Civil Service Commission of Kern County is overseen by President Frank Herrera, and Commissioners Mary Hodges, Wayne Montgomery, and Joseph Whitby. The fifth position, as of this writing, has yet to be filled. This committee visited a number of the monthly board meetings, and had the opportunity to question the commissioners about several points of interest. President Herrera also met with the Grand Jury and addressed some of our concerns. These citizens, who for the most part are also involved in making a living in their daytime hours, devote many, many night time hours on behalf of Kern County. We believe them to be hard working and sincere in their efforts. They strive for fairness. They are knowledgeable in the law, and possess some well appreciated common sense. Their Secretary, Kay Madden, appears to work well with the commissioners. He is confident in their abilities, and loyal in administering his duties. Mr. Madden was gracious enough to meet with us many times during the year.

The CSC has been the center of controversy in the County during our term of duty, and we have attempted to understand the many complex issues. The following is what we have been able to determine in the very short time we have been given. This is in no way meant to be depicted as a complete investigation.

Findings:

The CSC is the governing body in monitoring provisions of the Kern County Civil Service Ordinance. Commissioners administer the rules and regulations, as well as consider personnel matters. They approve new classification, develop and maintain examination procedures, and deal with employee appeals and applicant complaints. They meet on the second Monday of each month. These meetings are open to the public, and interested citizens are encouraged to attend. The Commission meets on an average of approximately four additional times a month to take care of business as is needed.

They appear to be dedicated to handling requests for hearings as expeditiously as possible. With requests for delays coming from both the appellant and the County Departments, this is not always possible, and they appear to have limited control over the matter.

There has been criticism regarding the need for day time hearings. The argument has been that in the day time County employees would be available as witnesses, without the added expense of over time pay. In theory it would also allow the hearings to end more quickly. The Commissioners are quick to point out that daytime hearings have the potential to hold a department " hostage", so to speak, and could easily be abused by disgruntled appellants. The problem of over time pay can be avoided by offering comp time to employees who must appear in the evening. Hearing officers, available in daytime hours, would increase the expense of such hearings considerably. Requiring Commissioners to be available during the day would severely limit the number of those willing to serve a 4 year term. Considering that only 12 appeals were heard in 1995- 1996, and 14 in 1994- 1995, there should be sufficient time to hold the necessary hearings in the evening without undue delay.

We found the meetings of the CSC to be conducted in an efficient and professional manner. Of those we attended, the Commissioners addressed a variety of issues, and displayed knowledge and diplomacy.

In our efforts to determine the personnel problems that this County is facing, we discovered that there is much concern over the difficulty in terminating employees who are not performing their duties satisfactorily.

This committee is also concerned over the possible misuse of Extra Help. This is a category of employment that is very loosely regulated, and easily used to circumvent the Civil Service System.

Recommendations:

1. We recommend that the rules regarding hiring practices be looked at, with an eye towards cutting time and expenses. Changes that can be made with a vote of the Commissioners should be studied. Changes that can be addressed with a vote of the people should be recommended to the Board of Supervisors.

2. We strongly recommend that employee discipline and termination policies, and regulations be studied and a determination be made as to the efficiency of the County employment practices. It appears to this committee that termination of a County employee is far more difficult than is good for the citizens of Kern.

3. It is recommended that rules regarding Extra Help employees be better enforced and regulated to avoid abuse of the system. It is further recommended that a nepotism clause be put into effect for employees in this category.

4. The Commission has expressed an interest in working with the County Administrative Officer and the Board of Supervisors to establish a better line of communication. We strongly recommend that the Supervisors and CAO take a greater interest in the workings of the Commission and be more aware of the problems they face. We recommend that a Supervisor attend the monthly meetings and observe the personnel problems of the County, and the decisions that are being made. The CAO should take a much greater interest in the proceedings in order to determine the changes that would be best for this county.

5. It is our understanding that the Board of Supervisors and the Civil Service Commission are attempting to create a Task Force that would increase the communication between the two entities. We very strongly support that effort, and recommend that it is carried out to fruition.

Response Required to:

Presiding Judge of the Kern County Superior Court 1415 Truxtun Avenue Bakersfield, California 93301

County Administrative Office

Personnel Issues

With the time restraints of one year placed on the Grand Jury it is not possible to thoroughly look into all departments. This committee chose to concentrate our efforts on the personnel problems of the county for this report. We have worked very hard, but realize that we did not nearly accomplish the in- depth study we would have Eked.

Personnel problems, and their solutions are not the sole property of the Personnel Department, Civil Service Commission, Risk Management, and Employee Relations. They belong to every department in this county. The problems are fairly obvious to most, but may differ from each perspective. The solutions can only be derived by the county as a whole working for the good of all.

Findings:

We found that occasionally some departments will wait until there is a crisis before they will call Personnel and make arrangements for staffing. This causes delays and an unnecessary burden on both Personnel, and their own departments.

We found that often supervisors will wait too long before they take decisive disciplinary action with ineffective or troublesome employees. This results in a long process to terminate. This extra time is very costly to the county in several ways. First, the county is paying the salary of employees who are not doing their job properly. Secondly, this often results in the questionable employee filing stress claims against the county. Thirdly, it adds to the stress and inefficiency of the entire department who must take up the slack caused by those not doing their job.

We found that many times supervisors will complain about poor performance of an employee, indicating they have been a problem for some time. Yet, when records are checked, the employees past evaluations have all been satisfactory.

Recommendations:

I . We recommend that supervisors better utilize the probationary period of new employees by supervising them more closely in order to recognize and address potential problems. If the employee is unable to meet the requirements of the job when the probation period is ending, it would be wise terminate at that time.

2. We recommend that all departments keep better records of disciplinary actions, and have all warnings to employees in writing, and signed. 3. We recommend that supervisors give careful and accurate evaluations of all employees. We also recommend that training offered by the CAO's office in this area be made mandatory for all supervisors.

4. We recommend all departments take advantage of the services offered by the County Safety Officer. Many of the injuries that are reported to workman's comp could be avoided by better office arrangements, better safety training, or simple posters reminding employees of precautionary measures. Many films are available that should be viewed by all employees. Avoiding injury saves our tax dollars, as well as inconvenience to the departments, and higher workman's comp fees taken from the departmental budgets.

5. We recommend that each department look toward the future in planning their personnel needs. Emergency personnel needs should be the exception, and not the rule. Response Required to:

Presiding Judge of the Kern County Superior Court 1415 Truxtun Avenue Bakersfield, California 93301

Personnel Department

The Kern County Personnel Department has been the subject of much controversy and criticism in past history, as well as during the term of this Grand Jury. The Administrative Committee visited the Personnel Department on a number of occasions, and looked into many of the well publicized criticism

As a whole, we found the Department well run by a very competent Director, Kay Madden, and Assistant Director, Lawrence Espinoza. Their staff are dedicated, hard working civil servants. The Department was cooperative, and helpful in our investigation.

Findings:

It is our opinion that most of the problems of the Personnel Department stem from the natural problems that arise with normal government process, and Civil Service rules and regulations. One of the major complaints of the proponents of Measure L was the length of time it took to create an eligibility list. Critics cited examples of excessive time periods. Personnel cited examples of poor planning on the part of department heads. ' The accusations may be true, though rare. We found the issue very complex, and hard to evaluate.

We met with three analysts. Two were dedicated to single large departments. We went through several recent recruitments with each analyst. We found that the time frame was lengthy, however, the deadline given by the various departments was met.

One of the analysts dedicated to an enormous department, strives to maintain a current list at all times for the many positions in constant demand. It appeared to take between two and four months to create a list. Since the need had been anticipated, and a list is nearly always available, the time to achieve such a list appears to be irrelevant.

If a list is unavailable for an unexpected need, there are provisions in place to help departments remain staffed. A department may acquire provisional help, or extra help, in a short amount of time. While this process is very simple, it is also easily abused.

Another analyst, dedicated to a single, large department, had recently completed a recruitment that involved 1500 applicants. It took four months to publish the eligibility list. However, a case could be made for efficient work since the deadline was met.

The question in both of these cases is, should the Personnel Department be criticized for starting their recruitment too early. If the goal is to get the list out in as short a time as possible in order to keep their statistics low, they are doing a poor job. If the goal is to give good service to the departments, and not let needs surprise them, they appear to be meeting that goal admirably. 32

The third analyst appeared to be completing her lists in an average of about two and a half months. In all but one case that we saw, the deadline of the departments were met. In the one case that had exceeded the deadline, the explanation given was that management of the department could not decide on the nature of one of the testing components. Therefore the department released the analyst until the matter was resolved. There is the possibility that at a later time Personnel could be held up for criticism. However, due to past experiences they seem to be quite diligent in their record keeping, and we applaud them for that.

We were informed by two of the analysts that they have been able to complete a list in a very short time when only an oral interview was needed. This is often the case when testing for supervisory positions, or other such promotions in a department.

The cases we reviewed involved two or three components to the testing process, and most were entry level positions. Most of the written tests were corrected by computer. The essay type require individual, time consuming scoring. These tests are usually for leadership positions. The oral part of the test ran into scheduling difficulties when a panel of specialists were required to evaluate a large number of applicants. Availability of testing facilities that accommodate large groups cause delays and added expense. The agility test, required by several departments, presented another set of problems. Finding a heated swimming pool in winter is such an example.

The Personnel Department has made impressive strides in efficiency since acquiring hardware, and software that saves considerable man hours in processing applications and multiple choice tests. When their goals in this area are complete the County will see a big difference in both time and money.

Recommendations:

The problems involved are so complicated, and extensive, it is hard to suggest anything that wouldn't involve changing Civil Service Rules, cutting back on service to the citizens or increasing the cost. However, the following are some of our recommendations:

1 . Little information was available regarding the cost of recruitment. We would recommend that a study be done to determine the cost of hiring, and whether costs could be cut effectively by various means. It occurs to us that taking 1500 applications for a department hiring 18 people might be excessive and expensive. We consider it worth while to look into the feasibility of changes that would be more flexible and meet the needs of the county. Some counties limit the number of applications they will accept. Other counties pull a certain number of applications by lottery. Both of these policies appear to create considerable savings. Of course, the County must weigh fairness against efficiency, and with the changes being made in the department in regards to computer capabilities, applications and testing is not the problem it used to be.

2. Recruitments that receive a large number of applications for only a few openings, should limit the number who move onto interviews, creating a savings in both time, and money. One problem that kept coming up in our investigation was the difficulty for interview panels to meet together for several days. If the number of applicants for the interview portion were more closely in line with the number of openings, it would certainly diminish this problem. We believe that Personnel has recognized this, and is changing and improving their policy.

3 . It is recommended that the possibility of installing an automated phone service that would inform applicants of testing scores and information about further testing dates be seriously considered.

4. We recommend that great consideration be given before a list is terminated. The cost of creating a new list may not be justified.

5. The number of Personnel staff may be insufficient for the number of employees they are serving, and technology may be lacking. It is recommended that either more funding be granted to the Department in order to acquire staff and sufficient equipment to meet the needs of the growing county government, or that the County heads be more tolerant of the delays.

6. We recommend that a more structured relationship be established between Personnel Risk Management, and Employee Relations. A monthly, or quarterly correlation meeting would give the departments a chance to discuss both short term and long term problems and common goals. We have been impressed with communication and cooperation that is now taking place between these departments, but feel that it could be improved on further by looking ahead together, and not just stomping out fires as they come.

7. We feel more flexibility is needed on the part of the Personnel Department, the Civil Service Commission, and the Department heads. We see no reason for the Personnel Department to be swallowed up by other departments, or moved to other leadership. We do see a need for all concerned to work together to make the system more efficient, and cost effective. We are pleased to see the trend in that direction, and believe that the Kern County Personnel Department will continue to improve its service. That improvement will increase as support from the Board of Supervisors, and all department heads increase.

Response Required to:

Presiding Judge of the Kern County Superior Court 1415 Truxtun Avenue Bakersfield, California 93301 County Administrative Office ( C A 0)

Special Projects

Employee Relations Department

In our effort to look at all aspects of " County Employment" this Committee visited two Departments located within the County Administrative Offices.

Special Projects handles a variety of projects at any given time and the one that drew our attention was The Employee Leadership and Management Training Program.

The Employee Relations Department deals with " Union' labor relations and the administration of Employee Health Insurance.

FINDINGS:

Special Projects:

We were pleased to learn that Leadership and Management Training classes are being conducted with input from the CAO, County Council, General Service, Human Services and Personnel Departments.

The classes will serve to acquaint current and proposed management with all County policies, procedures, benefits, department functions and the " values that support the vision' of and for Kern County."

Employee Relations Department

Insurance Benefits:

Although an important aspect of the Kern County Employment picture, this Department is not under the Personnel Department or with other Insurance Departments but is a division of the Employee Relations Department.

The insurance Benefits division administers the Internal Service Funds ( ISF) for Group Health, Dental, Drugs, Retiree Group Health and Unemployment Insurance.

The ISF program was initiated in 1993, with United Health Care ( formerly Metrahealth) as the third party administrator. United HealthCare deals with analysis and cutting of the medical bills. The in house Health Benefits staff handle all other facets of the program such as enrollments, complaints and payment of contributions made by County employees, departments and special districts who have enrolled in the plan.

Union Matters: William Douglas, the Employee Relations Officer, representing the Board of Supervisors and the County, negotiates an Union contracts. He has the very important, difficult and time consuming duty of keeping up with all current aspects of each issue, such as the cost and- benefits of any known or probable demands that may arise.

RECOMMENDATIONS:

Special Projects:

1. We suggest the voluntary Leadership and Management classes be ' mandatory' for all current and future Management and Supervisor positions.

2. We recommend that Leadership and Management classes incorporate the materials available through the Safety Department at Risk Management.

Employee Relations Department

Health Insurance: 1. We recommend a running cost analysis be implemented to show the continued benefits of this " self insurance" method versus private and State insurance plans.

2. While it is necessary for the Union Negotiator to be informed on employee benefits we feel it a disadvantage to County employees that this same " Adversary" administers their benefits and deals with their complaints. We would recommend a study to determine the possible benefits of moving the administration of Health Benefits to either the Personnel Department, or to Risk Management.

Union Matters:

1. Contrary to the re- engineering plan put out by the CAO placing the Employee Relations and Personnel Department under a Human Resource department, we see some very compelling reasons for keeping the Union negotiations separate. We recommend that as these issues are discussed, the possibility of separating the two duties of Employee Relations ( that is, Union Negotiations, and Health Benefits) be studied.

Response required to:

Presiding Judge of the Kern County Superior Court 1415 Truxtun Avenue Bakersfield, California 93301

Office of the County Counsel

Risk Management

Kern County Risk Management is divided into a Workman's Compensation Division, managed by Clarke Schlabach, a General Liabilities Insurance Division, managed by Bob Perry, and a Safety Division managed by John Mellow. Risk Management has been a part of County Counsel since 1987.

FINDINGS:

Workman's Compensation Workman's Compensation consists of medical bills, weekly disability earnings and vocational rehabilitation, The department has the responsibility of handling all medical accident claims for the County employees. They also have the responsibility of making sure the County employees are provided for, while at the same time minimizing cost by making sure only legitimate claims are allowed. The legitimacy of claims becomes a problem, particularly when dealing with stress an back injury claims.

The County is self insured to $ 300,000 on all Workman's Compensation claims with the rest of the exposure covered by outside insurance. All Workman's Compensation claims must be handled by guide lines set by the State of California. Risk Management provides a collection program to recoup what is legally owed the County for losses caused by third parties.

As of November 1996, Risk Management has a contract with Reviewco to handle all medical bill reviewing. Reviewco is a company specializing in keeping all medical costs down. Reviewco has the expertise to review the medical invoices and to maintain proper cost levels, much as private health insurance adjusts medical bins. They also have the ability to review the medical reports to determine whether the proper code for the process on the billing was utilized. Due to the practice of " up- coding" medical bills, the ability to cut the codes to the proper level has produced more savings. Reviewco also returns their work on a computer disc compatible with claims handling programs for the input of the invoices into Risk Management systems.

Formerly, the billing was divided between several medical review companies and in- house review. Since there were no savings reports on the billing handled in- house, it is possible to tell whether Reviewco is producing better savings than the old methods.

The Johnson & Higgins audits of 1994 & 1996 shows some weakness in the Departments handling of the Workman's Compensation claims. The Department was below standards in file management, follow- ups on claims, and vocational rehabilitation. Especially worrisome are the low marks for fraud investigation. The Workman's Compensation claim unit has developed a new program for Vocational Rehabilitation called " Limited Duty Return To Work Program'. It is designed to encourage injured workers to return to work at an earlier date by designing jobs to fit their physical limitations in their own departments. For the employee this is a big boost to return to full pay earlier. It is a plus for the County in that they are retaining trained employees. The program produces large savings especially in the Fire and Sheriff s Departments that are heavily impacted by the payment of " 4850" time fall peace officers are paid disability time at I 00% of their salary, tax- free, from the first day of injury) in lieu of temporary disability pay.

We also sensed that the moral among the employees in the office of Workman's Comp was low, and that stress levels were high.

General Liability

The General Liability self- insurance program provides for the County obligation to compensate injured parties for damage to persons or property caused by the County's activities. The County is self- insured up to two million ($ 2,000,000) for general liability claims, with the remaining exposure covered by outside insurance. Several exceptions to the self- insurance coverage include County airports and malpractice liability for the Kern Medical Center.

Both Workman's Comp and General Liability Insurance are funded by a complicated formula. Individual departments pay a rate from a formula based on loss history and cost of risk. Workman's Compensation and General Liability have a goal that their reserves be at I 00% of the budgeted expenses expected for each year. However, over the past several years the reserves have been reduced considerably by the Board of Supervisors to assist in balancing the County budget. Currently the reserves are set in the 1997- 1998 budget at a rate of 33%.

Safety Division

The Safety Division is a one man office with a large amount of responsibility. This office is managed by John Mellow with much enthusiasm and friendliness. He is responsible for all County Safety actions, all safety programs, elimination of indoor air problems and asbestos work. Mr. Mellow teaches safety programs which include CPR and First Aid. This office also participates in New Employee Orientation and inspects all Hazards Material Physical Exam Reports.

A Safety Representative from each department works closely with Mr. Mellow. They attend monthly meetings at which time videos on different safety subjects and safety posters for the work place are made available, and problems and solutions are discussed. A new software program dealing with ergonomics ( to reduce the risk of repetitive motion injuries) is being reviewed at this time.

Violence in the work place is another concern that is being addressed with the use of a new video that is scheduled to be viewed at a safety meeting.

RECOMMENDATIONS:

Workman's Compensation

I . The use of a review company appears to be necessary as long as we have medical billing vs. Insurance company payments. However, because of the large size of the service cost ( currently running in the $ 200,000 range), we recommend that all current and future contracts with such companies be sent to the Board of Supervisors for their review and approval.

2. We recommend Workman's Compensation management take a hard look at why they continue to have the same deficiencies in their Audits. Perhaps more training is needed, or a review of the proper procedures.

3. We feel that this division definitely needs to work on office moral, and bring back the camaraderie of past years. More flexibility is needed between management and staff.

General Liability

1. We recommend that the CAO and Board of Supervisors be fully aware of the dangers in reducing the General Liability reserves too low in these times of reckless litigation.

Safety

1. We recommend a small budget ($ 1 0,000) be set aside just for safety materials, such as safety posters, training, videos and software. We need more preventive measures. Prevention will be much less costly than injury claims, and absent employees.

Response Required to:

Presiding Judge of the Kern County Superior Court 1415 Truxtun Avenue Bakersfield, California 93301

General Services

Property Management Division

A citizen's request to look into the moving of the Sheriffs Substation from Lebec to Frazier Park was received by the Grand Jury.

Findings:

The procedures for leasing property for County use is clearly set forth in the County Procedures Manuel in Chapter 17, and is as follows:

While the Board of Supervisors has designated the Administrative Office as the lead department responsible for County space, planning and allocation, it is the Property Management Division that has the responsibilities for the following:

1. Negotiate purchase or acquisition of real property.

2. Negotiate the lease of real property, or any interest therein;

3. Procure appraisals of real property, or any interest therein;

4. Prepare or assist in the preparation of legal descriptions.

5. Prepare or assist in the preparation of leases, right- of- way, agreements, easements, and similar legal documents;

6. Maintain a complete and accurate inventory of all real property owned or leased by the County or any district;

7. Collect or assist in the collection of all rentals due and owing to the County.

8. Assist the County Counsel in the preparation or settlement of any eminent domain proceedings instituted by that office except road right- of- way acquisitions which are handled by the Road Commissioner;

9. Make recommendations to the Board of Supervisors in connection with@ the acquisition, sale or disposal of real property or any interest therein by the County;

I0. Perform such other duties as from time to time may be prescribed by the Board of Supervisors. Requests to secure leased space procedures are to be made as follows: I . As soon as a department head determines that the department has a need and desires to consider leasing space, the Department head, or designated employee, shall complete KCPM # 72, " Lease Criteria Questionnaire".

2. The completed questionnaire and any additional information that may be useful in evaluating the space need shall first be submitted to the Property Management Division.

3. The Property Management Division shall forward the questionnaire along with any pertinent information to the County Administrative Officer.

4. The County Administrative Officer shall consider whether:

a. Additional or alternate space is required.

b. Existing County- owned or leased space is available;

c. Where leasing or renting space is recommended, ff funding exists to acquire leased space, pay for tenant improvements where needed, relocation costs, and landlord provided building services.

5. When the County Administrative Officer determines that leasing space is necessary to fill the space requirement, the County Administrative Officer, or designated staff, shall advise the Property Management Division by returning the signed KCPM # 72. The Property Management Division shall then request the Board of Supervisors authority to seek and negotiate for the needed space.

The Committee discovered that the request for rented space went directly to the Property Management Division, designating the location desired, by passing all required procedures. The space was acquired while the property in question was arrears in their County Taxes, and remained so until the fact was cared to their attention. This was in direct violation of. The lease contract.

Recommendations:

The Grand Jury feels that the Kern County Procedures Manual is very clear on the requests for the purchase or leasing of real estate for County use. It is our recommendation that these procedures should be adhered to in all cases. Response Required to:

Presiding Judge of the Kern County Superior Court 1415 Truxtun Avenue Bakersfield, California 93301

SHERIFF'S DEPARTMENT

PHYSICAL FITNESS

It has come to the attention of this Grand Jury that while a standard of physical fitness is required to obtain the position of Deputy Sheriff, there is no physical fitness standard for retaining the position once hired. This, we believe, is cause for concern.

The entire County relies on our law enforcement officers for our peace and safety. It could present a dangerous situation if those we depend on to protect the community are not in top physical condition.

The cost to the tax paying citizen could be rather high. Out of shape officers who are called upon to chase or overcome a criminal could be a danger to themselves and others. They are also more susceptible to back injury, ankle or knee injury, heart attack, and stress disorders. Officers who are injured, or ill receive 100% of their salary, tax free, from the first day of occurrence. This would present the officer with an increase in take home pay, and little incentive to return to work.

We believe that a standard of physical fitness should be required, and would benefit all concerned. An Officer in good condition can better protect his stewardship, and has less likelihood of injury or other health problems. After investigating the matter, we have come to the conclusion that there is nothing legally preventing the Department from making such a requirement. Legal Counsel has reviewed the Peace Officer's Procedural Bill of Rights Act ( Government Code section 3300 et seq.) and found nothing to address the matter. Requiring off- duty physical fitness training must satisfy the requirements of the Fair Labor Standards Act . ( Title 29, United States Code, section 201 et seq.)

It seems to this Grand Jury, that even if requiring physical fitness would present a cost to the department in either incentive pay, or on- duty training, it would be less costly than the alternative, and advantageous to all.

The County Sheriff s Department is equipped with a state of the art gym that is available to all employees of the Department. However, there is no incentive in place to encourage it's use.

Recommendations:

We recommend that a standard of physical fitness for Deputy Sheriffs be required.

Response Required to:

Presiding Judge of the Kern County Superior Court 1415 Truxtun Avenue Bakersfield, California 93301

Veteran's Services

This report is based on a presentation by Mr. Rolf Shepherd to the Health, Education and Social Services Committee on August 26, 1996 an a visit to the Veteran's Services Offices on October 31, 1996.

The Kern County Veteran's Services Department serves as a liaison with Veteran's Administration to assist veteran's, spouses and children receive the benefits the veteran has earned by his service to the country. The benefits the veteran and dependents are eligible for are all detailed in the Code of Federal Regulations. ( CFR)

There are several benefits which the veteran and/ or his spouse or dependents can apply for. They include the following:

Pension Income Benefits as set by Congress Educational Funds -

Medical ( local clinic at 1801 Westwind Drive) Insurance Programs

Limited Burial Expenses

The operating cost of this department is funded by the county with some moneys coming from the state. This year, for the first time, they are receiving additional funds from the Veteran's License Plate Program. This will help pay for one more staff position. The department has a small staff, seven ( 7) situated in Bakersfield, and has problems covering all population centers in the county. This same staff is responsible for serving the outlying areas of Ridgecrest, Lake Isabella , Delano and Mojave. Any increase in staff would be beneficial to the outlying areas.

Findings:

The Veteran's Service Center is proud of their role in administering the Dependents of Veterans College Waiver Program for the state. This program makes it possible for dependents of veterans to attend state owned colleges or universities free. . By helping the Veteran's dependents receive benefits the Veteran's Service Department is cost effective in that fifteen dollars ($ 15.00) is returned to the county for every dollar spent.

At this time the Kern County Veteran's Service Department has approximately 70,000 cases, of which 2900 are currently active.

In the area of staff development, it was found that training of staff was done on a one to one basis with the Code of Federal Regulations being used for reference. However, it would appear that to insure well trained personnel a training manual for each position be developed. This would allow for a more efficient and organized training program. New staff would be trained quicker thus effecting a saving in personnel time. 49

Recommendations:

1. Develop a training manual for staff.

2. Update computer software.

3. Aggressively market the Veteran's License Plate Program

4. Hire one more Veteran's Service Representative.

Response Required to:

Presiding Judge of the Kern County Superior Court 1415 Truxtun Avenue Bakersfield, California 93301

Employer's Training Resource

This report is based on several visits by the Health, Education and Social Services committee to ETR centers during the months of September and October 1996.

Findings:

The Employer's Training Resource ( ETR) Center is multifaceted. They have programs that fit many different skill levels. ETR is part of the job training partnership act ( JPTA) which replaced the comprehensive employee training act ( CETA) in 1982. ' the purpose of JTPA is " To establish programs to prepare youth and adults facing serious barriers to employment for participation in the labor force by providing job training." They also provide skills needed to successfully interview for and obtain employment, They pride themselves in providing " excellent service for all our customers." customers are defined as JTPA clients.

The ETR center is federally funded. The allocation for the 1996 program year was $ 16,203,998. The counties of Kern, Inyo and Mono have joined together, thereby insuring that smaller, less populated counties are served. There are nine ( 9) career service centers. They are in Bridgeport and Mammoth in Mono county, Bishop in Inyo county, Ridgecrest, Delano, Westchester, Golden State, Stockdale and Vida Scott centers in Kern county. These centers conduct skill evaluations leading to program placement. They also do career counseling, resume preparation, inter- view techniques, placement assistance, on the job training. ETR doesn't find employment for the client but instead help the client develop the necessary skills to find employment.

The Employer's Training Resource Centers have computer centers; computers to learn on and computers to use. Employer's Training Resource Center on the job training takes place at private sector work sites. They also contract with private schools such as Western Truck School or Santa Barbara Business College and they collaborate with San Joaquin Valley College, the Kern County College District, Mexican American Opportunity Foundation, the fist goes on. JTPA is federally funded, therefore the programs have eligibility tests.

Personnel within the Employer's Training Resource Center work with employer's as wen as potential employees. They provide assistance to the employers by helping place employees who, through no fault of their own, lose their jobs. The ETR Centers provide space for the employer to interview prospective employees. After the employee is hired, employer's training resource personnel conduct follow up interviews with the employer to determine if the employee is working satisfactorily.

The Stockdale office is a " one stop" center, by working cooperatively with the Employment Development Department and provides several resources for people looking for jobs. ETR has local, statewide and national job information. This information is available via computer Internet, newspapers, & microfilm. The Kern County Employment Resource training center has a right to be proud of achieving membership in the enterprise council granted by the U. S. Department of Labor.

Receiving this membership means that they have achieved the following superior results; a They were responsible for 80 percent or more of their customers finding jobs;

· At least 75 percent of the customers served rated the services provided as satisfactory or better;

· Expert and peer reviewers assessed ETR'S commitment to continuous improvement in ten core business practices as real and measurable, consistent with the best practices of U. S. business,

Only 26 percent of areas delivering services to dislocated workers in the U. S. have achieved the status of enterprise membership. This is very impressive and shows how dedicated the staff is in achieving their goals. Unemployment is an ongoing increasing problem and takes creativity, flexibility and constant community awareness.

Comments: employer's training resource center programs are an example of the success that can be found when government and private businesses work together.

Recommendations:

I . Continue to work closely with private businesses in an attempt to lower the unemployment rate in Kern, Mono and Inyo counties.

2. Collaborate with the Department of Human Services, assisting them in training and locating jobs for welfare recipients who will lose benefits due to the new welfare program.

3. Continue to increase visibility in the community.

4. Investigate ways to require students to repay a portion of their education after being on the job an appropriate length of time.

The Health, Education and Social Services Committee was very impressed with the organization and operation of ETR. Keep up the good work!!! Response required to:

Presiding Judge of the Kern County Superior Court 1415 Truxtun Avenue Bakersfield, California 93301 Health, Education & Social Services

Introduction

The Health, Education & Social Services Committee was charged with selecting the county agencies with a direct relationship to health, education and social services. Due to our time constraints we were unable to visit all agencies that fell within these categories. We elected to examine those agencies that came to our attention through media publicity or had not been reviewed in recent years by previous Grand Juries. By using this criteria, we selected the following agencies for visits:

Department of Veteran Affairs

Employers Training Resource

Kern Medical Center

Kern County Superintendent of Schools.

Department of Human Services

Pioneer Museum

Environmental Health

Rosamond Fire Department

Kern County Health Department

Richardson School

Bakersfield College Library & Computer Center

Burger King restaurant with Environmental Health Inspector

Charter School

Richardson School

Kern County Superintendent of Schools - Personnel Dept.

Jamison Children's Center

Kern County Mental Health Department Rasmussen Senior Center

As a result of our visits we chose to report on the following departments:

Veteran's Services

Employer's Training Resource

Department of Human Services

Kern County Public Health Department

Kern County Superintendent of Schools Office

Kern Medical Center

Jamison Children's Center

Office of Aging

We met with management, examined budgets, talked with employees, toured the facilities and attended public informational presentations. The Committee reviewed all the findings, compiled the data and evaluated the information for our final report. We were cordially received in each area visited and would like to thank each Department Head and their employees.

In addition we were charged with investigating citizens complaints. In this capacity we addressed six ( 6) separate issues, involving education, human services, public safety operations and confidentiality.

Department of Human Services

The Department of Human Services is responsible for administering the Welfare Program. Welfare was designed to aid children of families in distress and to assist the working poor. Provision for food and medical assistance to the needy have traditionally been included. Over the years this program has served as a family safety net. Due to an increase in population and a decrease in funds the need for welfare reform was recognized. Federal, State and County governments have joined together to implement a more suitable and responsible program.

Based on a National Plan to be supported by block grants and Federal guidelines, State government will allocate funds to counties for distribution to eligible recipients.

Welfare Reform: The Welfare Reform Act is designed to put adult recipients to work by improving educational and vocational skills. The recipients are given a total of five years ( 5) to complete a training program for gainful employment.

The State of California receives a block grant from the Federal Government each year to be distributed to each county based on Federal Regulations.

Aid to Families with Dependent Children ( AFDC) has been changed to Temporary Assistance To Needy Families ( TANF). Recipients are being given the responsibility to sign up for work or school in order to be eligible to receive cash assistance.

KERN WORKS is a Kern County program developed to assist recipients to obtain employment. This program stresses self reliance. KERN WORKS has improved the number of job placements from last year by 61%. An additional one thousand seven hundred and seventy eight ( 1778) recipients were placed in jobs over the previous year.

KERN WORKS is also responsible for fraud prevention.

A plan for an AFDC vendor payment system is now in place. This plan insures that benefits are used for their intended purpose, and gives recipients a sense of responsibility.

Electronic Benefit System ( EBT) which is similar to an ATM card will be in place by October 2002 and will replace food stamp vouchers.

TANF recipients currently receiving cash assistance will not be eligible for additional funds for children born after August 1997.

Applicants that have moved to California from other states will receive the lesser grant between California and the former place of residence.

MEDI- CAL: TANF Medi- Cal recipients, after obtaining employment, may receive transitional Medi- Cal for up to twelve ( 12) months. In special circumstances this time limit can be extended.

FOOD STAMPS: Able bodied recipients between eighteen ( I 8) and fifty ( 50) years old will not be eligible for food stamps unless they are working or attending school. If the recipient is laid off or terminated within a three ( 3) year period they may receive three ( 3) months of food stamps. The Department of Agriculture may waive the work requirements when the unemployment rate exceeds ten percent ( IO%). The counties listed in the map appended to this report ( Appendix A) have exceeded the IO% unemployment rate and are therefore being exempted from Food Stamp cuts. This map was taken from the February 20, 1997 edition of the Los Angeles Times newspaper.

Child care will be provided to single mothers who are working or going to school. Money for this program is being funded through a capped child care block grant.

Teen parents are required to Eve at home or in a group home supervised by an approved adult. These teens must finish high school or obtain a GED certificate in order to continue receiving benefits. Single mothers must cooperate by naming the father of any infant or minor children receiving benefits.

Non- citizen legal immigrants arriving in the United States after August 22, 1996 are not eligible for cash assistance or food stamps. Legal immigrants who are already in the United States will continue to be eligible for benefits.

FRAUD: In order to identify evidence of fraud, all recipients are computer screened and fingerprinted. If there is any intentional misrepresentation to collect aid, recipients will lose all benefits. This would result in a ten year ( 10) ineligibility.

CHILD PROTECTIVE SERVICES ( CPS) is charged with the responsibility of monitoring and investigating child abuse within Kern County.

Kern County residents are enraged at the number of children dying as a result of child abuse. In 1996 the deaths of six ( 6) children were directly related to this critical social problem. This frightening statistic has caused many agencies to join forces in an attempt to SAVE THE CHILDREN. Seventeen ( 17) representatives of various Community Agencies recently came together to formulate a plan to improve child welfare services.

This Kern County Network for Children evaluated the Emergency Response System in Kern County. Child Protective Services then developed a plan to implement the recommendations of the Kern County Network for Children.

In response to the first recommendation a campaign called " GIVE THE SECRET A VOICE" was launched. This consisted of a special telephone number ( 631- 601 1) for reporting suspected child abuse, mass media exposure including posters, pamphlets, billboards and TV and radio public service announcements.

The second problem area identified was ineffective work flow process. A reconfiguration of the telephone room helped address this problem The implementation of a new state wide computer system will be in place by April 1997. This new computer system will assist social workers by supplying them with a family history of reported abuses.

Social workers on call, are issued a pager and a cellular telephone for their protection and to keep them in constant communication with law enforcement agencies and CPS headquarters. Protocols have been developed and implemented to improve the after hours on call system.

A program linking clients to appropriate agencies has been developed.

AR of this is an attempt to provide better protection for at risk children, while at the same time complying with state and federal mandates and maximizing available resources.

STATISTICS: These statistics were taken from the November 26, 1996 edition of the Bakersfield Californian newspaper. See Appendix B.

Recommendations:

1. Encourage the public to use the Child Abuse Hotline to report suspected child abuse.

2. Work closely with the State to insure that Kern County has fair representation in the proposal process prior to final adoption of the Welfare Reform Act

3. The Board of Supervisors needs to establish as a number one priority the protection of Kern County children from child abuse.

4. Audit CPS to assure that enough funds are available to hire sufficient staff to respond, investigate and act upon every report of child abuse.

Response Required To:

Presiding Judge of the Kern County Superior Court 1415 Truxtun Avenue Bakersfield, California 93301

Kern County Superintendent of Schools

Background:

The Health, Education and Social Services Committee met with Dr. Kelly Blanton and Dr. Larry Reider several times. We toured the Richardson Center, Community School, Jamison School and the City Centre which houses the offices of the Superintendent of Schools.

Findings:

The Office of the Superintendent of Schools is a separate entity from each school district. The State of California does not fully fund the office of the Superintendent of Schools nor does it require the county office to provide direct instructions or even instructional support to school districts. The Office of the Superintendent of Schools serves an intermediate role. Its p function is that of a business that produces and sells services, not just to Kern County School Districts but to other counties as well. This county office also provides instructional training for teachers, a service that most counties can no longer afford. As an example, they train teachers how to teach a balanced reading program, help teachers motivate the uninterested student and how to integrate writing programs with reading programs. The Superintendent of Schools oversees each school district to the extent that they monitor their financial stability. If a school district is having financial problems the Office of the Superintendent of Schools will help them restructure in order to avert financial failure. To encourage basic academic skills, the Superintendent of Schools sponsors several projects, among them, the Oral language Festival, Spelling Bees and the Academic Decathlon. In 1996, approximately 30,000 students participated

The individual school districts has the p responsibility of hiring teachers and educating their students. Each school district purchases their own paper, books and other needed supplies.

The Superintendent of Schools operates special schools for at- risk children. These schools have been implemented to fill gaps that school districts do not cover. There are residential court schools for those children that have become a ward of the court or juvenile offenders. There are day court schools for students that are not required to be incarcerated but need a more supervised educational experience. Community schools serve students that have left the traditional school settings for a variety of reasons. The population served by these schools are grades 7 through 12. A secondary population is also served and covers grades K through 12. This more general population is offered educational options. One of these options is distance learning where the student and the instructor are at a distance from one another. This includes independent study, telecommunications, computers and electronic mail. In some instances the Superintendent of Schools educates the handicapped child at the request of the school district. The Superintendent of Schools operates a large insurance program available to school districts both in and out of Kern County. $ 25 million dollars remain in Kem County as a result of this program. No school district is required to participate in this program but most choose to do so because of the lower cost. The Superintendent of Schools also operates a large legal department that is available to school district, if they choose, for a fee.

The Superintendent of Schools operates a video telecommunication center. This is a state of the arts facility that provides programs to customers across the state. Businesses pay to use the video teleconferencing center. The Office of the Superintendent of Schools is responsible for bringing a much needed public television station to Kem County to be used by Kem County citizens. This channel win be a vital part of the collaborative effort to address significant educational and community needs.

The funding for the office of the Superintendent of Schools comes largely from business contracts. In fact, contracts pay 75% of all budget costs, while 10% is supplied by grants and 15% comes from local taxes. These local taxes directly support the educationally and developmentally handicapped students and our most at- risk Court School students.

The Health, Education and Social Services Committee would like to compliment the Office of the Superintendent of Schools for their aggressive and progressive utikation of modem technology. It was obvious to this committee that the staff of this office cares deeply about the educational needs of Kem County children.

Recommendations:

1. Develop a public relations program to identify and clarify the responsibility of the office of Kem County Superintendent of Schools to the public.

2. Make the public aware of the relationship that exists between the Kem County Superintendent of Schools and the school districts.

Response Required To:

Presiding Judge of the Keim County Superior Court 1415 Truxtun Avenue Bakersfield

Department Of Public Health Services

This Report is based on a visit to the Department of Public Health Services on November 4, 1996 by the Health, Education and Social Services Committee.

Background:

This report includes a compilation of information provided by the department, a review of news releases and a lengthy visit to the main facilities. The Committee inspected the departmental operations and was given ample opportunity to interview the personnel.

Findings:

The Department is operated under the direction of B. A. Jinadu, MD, MPH, with a staff of 234. The annual budget is 13 million dollars. Of this amount only about $ 100,000 is provided by the County of Kern. State and Federal Agencies and Private Foundations provide additional funding through " grants" for specific scientific projects. Although the department has added about eight ( 8) full time positions during the last six ( 6) years, this increase did not match the population growth.

The department's p goals involve preventive health care and control of communicable diseases. This requires a good public education program and the collection of vital statistics.

A huge part of the budget ( 70 - 90%) is spent on " Life Style Problems," i. e. AIDS, venereal diseases, etc.

A public health laboratory is maintained to conduct tests utilized in the diagnosis of communicable diseases. Tests can also be run to detect the presence of rabies, valley fever and other endemic diseases.

Animal Control Services generates income for services rendered. This department responds to about 30,000 calls each year. Approximately 20,000 animal licenses are issued annually. Three thousand ( 3,000) animal bites are reported to Animal Control Services yearly. Animal Control Services provide low cost animal spay and neuter clinics, low cost rabies vaccinations and pet owner education.

The Child Health and Disability Prevention program is designed for children less than 20 years old from low income families. The treatment program provides physical examinations, hearing, vision and blood tests. The Public Health Department administers the Women's, Infants and Children ( WIC) program which provides medical referral, immunizations and vouchers for dairy products. Health centers are located at over a dozen sites in Kern County. They provide immunization, family planning, prenatal health and communicable disease services in addition to well baby c@ cs. Additional health education and public relations meetings and literature are provided by the department as needed.

Health alerts are issued if there is a real danger to the public. The department follows a protocol of investigating the specific occurrence, which includes the people involved and deciding how the department can control the s read of the disease. This can sometimes be a lengthy Process. The public will not be notified until all investigation is complete,

At the current time, 01/ 07/ 97, a stud is being done to determine if it would be practical to combine all health agencies under one jurisdiction.

STATISTICS: TOTAL FIELD AND CLINIC VISITS 1995/ 96

FIELD - 47078

CLINIC - 60096

TOTAL - 107174

TOTAL SEEN AT THE MAIN HEALTH CLINIC ON FLOWER STREET

24045

The above figures do not include the twenty to thirty individuals that enter the building daily to purchase birth certificates. Other groups not represented in this report are:

funeral directors, clients of the California Children's Services Program ( CCS), laboratory/ health care provider couriers that drop off specimens for testing, CSUB nursing students and our out stationed Kern County Health Department staff that meet with supervisors at the Bakersfield Office or pick up clinic supplies, etc., It is important to interpret these numbers with caution because they under report the true level of service or people that this facility serves.

Recommendations:

1. As recommended by last year's Grand Jury: the Department staff should be moved from its extremely cramped and out- dated quarters to a different facility as soon as possible. 2. The Kern County Board of Supervisors should accelerate their hunt for a greatly needed modem office budding to house the department. They should also review their position toward financing the Public Health Department, since all Kern County residents benefit from their activities. Their activities are often limited by inadequate funding.

3. Dr. B. A. Jinadu, Director of the Department of Public Health Services, should assume a more aggressive stance to acquire additional county funding to meet the increasing needs of a growing population.

Public relation activities should be encouraged to emphasize the various projects undertaken for the benefit of County Residents. Unfortunately, success in the area of disease prevention and/ or control is difficult to evaluate. However, today's health services for the needy should be considered as insurance against higher public cost in the future.

5. The public should be well represented on the committee performing the study for combining all health agencies under one jurisdiction.

The following photographs graphically show the inadequate working conditions for the staff of the Public Health Services.

Response Required to:

Presiding Judge of the Kern County Superior Court 1415 Truxtun Avenue Bakersfield, California 93301

Kern Medical Center

On September 26, 1996, the Health, Education and Social Services Committee visited with the Administrative staff of Kern Medical Center. Kern Medical Center ( KMC) is a general acute care teaching hospital. They provide comprehensive inpatient outpatient and ancillary services. They have 270 licensed beds, with an occupancy rate of 80%.

Background:

KMC is a medical institution that treats the indigent and the general public of Kern County. It is the only Kern County training facility for residents and interns in the county. It has a 24 hour trauma and emergency care, high risk obstetric and neonatal intensive care and a secured psychiatric unit. They accept all insurance and are now facing severe & financial crisis. The Administrative Staff is relatively new and have inherited long term problems. They have state- of- the- art diagnostic equipment and well trained, dedicated staff. At the time of our visit a Blue Ribbon Task Force was evaluating ways to solve the long term problems including the possible closure of Kern Medical Center. A consulting group, the Lewin Group, from northern California is working with the Blue Ribbon Task Force. They are interviewing staff and holding public forums for the purpose of evaluating citizens concerns regarding Kern Medical Center.

On October 30, 1996, the Blue Ribbon Task Force unanimously endorsed the following set of recommendations to the Kern County Board of Supervisors regarding the course of action for Kern Medical Center. The Task Force recommends that the Kern County Board of Supervisors should:

· Find that Kern Medical Center must change its current governance structure if it is going to continue to be a viable health care provider in the city of Bakersfield and the County of Kern.

· instruct KMC management and the CAO's office to undertake a parallel course of action to pursue the long term option of KMC's joining a local regional or national system or transitioning to an authority.

· Instruct KMC management and the CAO's office to define specific goals and success factors for the long term direction of KMC.

· Instruct MAC administration and physician's to immediately undertake short term goals to achieve a ten million dollar improvement in KMC's operating results to make the institution more attractive and viable under either long term options and support their efforts to do so.

· Review findings and conclusions from the parallel process described above at appropriate intervals, with the intent to decide on specifics of a long term course for KMC by July 1997. · Authorize an appropriate process of community input and review for decision on EA4C'S long term course.

At the end of fiscal year 1995- 96 Kern Medical Center statistics show 59,891 patients seen in the Emergency Room, 14,343 patients admitted to the inpatient unit and 143,137 seen in the outpatient clinics. They have an average of 3600 births per year. Kern Medical Center has a research program that includes valley fever which is endemic to Kern County. Their total 1995- 96 budget was $ 118.8 million which is falling short of meeting their needs by approximately I million dollars per month.

Findings:

The last accreditation inspection by the Joint Commission on Accreditation of Health Care Operations resulted in a three ( 3) year accreditation being granted to KMC. The resident and intern training program is affiliated with the University of California School in Los Angeles, Irvine and San Diego. They have training programs in emergency, internal medicine, family practice, obstetrics and surgery.

They have impressive goals and strategies for meeting their objectives. The Administrative group appears to be young and energetic and with the appropriate financial and community support could change the direction of KMC.

A tour of the facility revealed courteous and caring staff. The rooms were clean and well maintained, however drinking water was of questionable quality with signs posted in the older sections of the. hospital to not drink.

In spite of a lack of space the medical information department was current in implementing a state of the art computer system. The medical transcriptionists were working within the Joint Commission guidelines with reference to the production of History and Physical documentation in a timely fashion.

Recommendation:

I . Initiate a dynamic plan to systematically educate the members of the community regarding their new and improved public image.

2. Be prepared to respond and implement the Board of Supervisor's recommendation regarding the future of KMC.

3. Maintain the intern and resident program.

4. Evaluate the success of their clinics. No Response Required to:

Presiding Judge of the Kern County Superior Court 1415 Truxtun Avenue Bakersfield, California 93301

A. Miriam Jamison Center

The Health, Education and Social Services Committee visited Jamison Children's Center ( formerly known as the Shalimar Center) on January 13, 1997. The following report is a brief synopsis of the information and tour of the facility that we Performed on that date.

Findings:

The Jamison Center is a temporary shelter for children who are mentally and/ or physically abused- It was named to honor A. Miriam Jamison, the first director of the center. - The center is operated by the Department Of Human Services. ' Me children are taken into protective custody by law enforcement officers and directly transported to the Jamison Center, The children remain in protective custody temporarily until the courts decide the best environment for the child.

Jamison Center has a capacity of 54 children with an average daily census of 20 to 30 children- They are Provided shelter, food, clothing and health care. Educational services are provided by the Kern County Superintendent of Schools.

Infants and toddlers are placed immediately in emergency foster homes. Every attempt is made to keep siblings together.

The staff consists of 8 full time and 8 part time people. There is a minimum of two people scheduled at night to care for the children.

Volunteers provide assistance in the classroom small group activities, feeding babies, etc.

A play area is located on the grounds. Play ground equipment is donated by individuals and community organizations.

Medical services are provided for the children at the adjacent Diamond Medical Center.

Recommendations:

The 1996- 97 Grand Jury concurs with the 1995- 96 Grand Jury's final report that the adjacent field needs to be repaired and maintained for use by the children.

NO RESPONSE REQUIRED

OFFICE OF AGING

On October 7, 1996 Mr. Eddie Laine, Director of the Office of Aging met with the Health Education and Social Services Committee.

Findings:

The Kern County Office of Aging's p purpose is the Meals on Wheels program. Annually 253,000, reasonably priced meals, are home delivered and 230,000 meals are served in congregate centers. These meals are delivered and/ or served at noon Monday through Friday. No special diets are prepared. A registered dietitian ( RD) creates the menu, trains staff and educates the people that are using the service and ascertains that quality assurance is maintained. To participate in the Meals on Wheels program a physician must write a prescription requesting this service. Emergency meals can be provided for two weeks.

According to the Office of Aging's long range plan older vehicles must be replaced periodically with new refrigerated vans. As a result of last year's Grand Jury recommendation five ( 5) new vans have been received. In addition arrangements have been made for the purchase of another van.

Volunteers provide guidance in completing various governmental forms.

An audit was performed by the Kern County Auditor- Controller- County Clerk's Office with some minor findings regarding their financial bookkeeping procedures. The Committee agrees with the Auditor's recommendations to improve their internal controls; i. e., Documentation for Deposits, Daily Cash Reports and Financial Close- out Report.

Recommendations:

I . Kern County needs to recognize the importance of these Senior services and continue to support these Senior Programs.

2. Follow the recommendations made by the Kern County Auditor- Controller on March 11, 1997.

Response Required to:

Presiding Judge of the Kern County Superior Court 1415 Truxtun Avenue Bakersfield, California 93301

Cities & Services Committee

Introduction

Pursuant to Penal Code section 925 A, the Cities Committee has the responsibility to oversee the eleven incorporated cities. The Cities Committee personally visited eleven incorporated cities of Kern County. The cities are:

Arvin, " A Garden in the Sun"

Bakersfield, " City of Golden Opportunity"

California City, " Third Largest City in California, by Land Mass"

Delano, " International Community Working Together"

Maricopa, " Gateway to the Sun"

McFarland, " Heartbeat of Agriculture"

Ridgecrest, " Key to New Horizons"

Shafter, " Where Everything Grows"

Taft, " Center of Midway, Longest Oil Field in the World"

Tehachapi, " Land of Four Seasons"

Wasco, " A Growing City"

We selected five cities to write a report on, they are:

Arvin, Bakersfield, McFarland, Delano, and California City.

City of Bakersfield

City Manager, Alan Tandy and assistant City Manager, John Stinson, gave the community a comprehensive overview of the operation of the city and their long term goals. A fiscally sound five year Capital Improvement plan ( 1993- 1998) has been implemented.

Mr. Tandy has stated that the proposed City/ County fire department merger is still under consideration, but many problems are yet to be resolved. Under their Joint Powers Agreement, they will continue and strive to improve the policy of the closest units responding to emergency situations. Plans are being implemented to consolidate the training of personnel of the two departments as a cost saving measure.

Plans were discussed about disposing of City owned real properties, Appraisals were to be completed by June 30th to determine fair market value and submitted to the City council to sell said properties at or above the minimum bid amount established by the Council. No estimate of proposed generated revenue was given.

As new computer controlled traffic signals are installed, more " Express Ways" with synchronized lights will be provided on existing surface streets within the City. This will improve traffic flow, reduce delays and improve our air pollution within the City of Bakersfield.

Two funded projects for this year are the Calloway Drive bridge and the Coffee road over crossing.

Of paramount importance to the City is the annexation of " Islands" within the boundaries of the City. An aggressive plan has been implemented to meet these goals.

The City convention center is the focus of feasibility study to expand the facility. Many events and programs have had to be turned away because of inadequate facilities in the present building. This represents lost revenue to the City of Bakersfield.

Proposed expenditures for computer up- dating for the City computer network for FY 9697 is $ 631,400. This will replace all old 386 computers with new Pentium 486 computers and update 486s to Pentiums. This will allow the City to take advantage of new technology in data processing, and allow all departments the ability to access any software applications available through a City to implement a GIS data base system. Planning for this system was discussed with the City Manager by the committee and no final cost figures were given.

Aggressive marketing plans will continue to be implemented by the City to revitalize and keep business in the down town area. The Bakersfield Municipal Airport is currently operating at a loss to the City. This situation has compounded itself over the last few years due to the huge decrease in Civil Aviation across the country.

FAA grant funds are forth coming for land acquisition to provide an airport clear zone and to install instrument landing equipment.

Currently there are two fix base operations on the field, one maintenance facility and one flight training facility.

No runway counter is installed to log take off/ landings, so there is no way to determine if the Airport is growing or not.

The City is aggressively trying to market the Airport to Aviation and non- aviation businesses.

Recommendations:

1. Install a runway traffic counter to log take off/ landings to determine whether the facility is growing or not.

2. Pursue a diligent marketing plan to promote the Airport.

3. Implement " Service Objective # 3", under " Administration" outlined in the proposed budget for FY 1996- 97 Re- surplus City owned real properties.

4. Continue to aggressively market the downtown business area.

Response Required To:

Presiding Judge of the Kern County Superior Court 1415 Truxtun Avenue Bakersfield, California 93301

California City

California City is an independent incorporated city. The City is third in California by land mass. California City has two 18 hole golf courses. A large portion of the community is employed by the aerospace industry. It is also home to the Desert Tortoise, and endangered species. A huge retirement population resides in California City.

California City's economy has suffered due to cutbacks in military installation. The acquisition of a State Prison and tire recycling center would add to California City's economics base.

California City should educate the citizens on the economic importance of these industries.

No Recommendations.

No Response Required.

City of McFarland

McFarland was established as a town site in 1908 and was named after J. B. McFarland. It was incorporated as a city July 15, 1957. The current population is 7,844.

The City Government consists of four elected Council members, and the Mayor, who is appointed by the Council and a City Manager. The Mayor and members of the Council serve terms of four years.

The City Manager, as City Administrator, carries out the policy and goals of the City Council.

Findings:

The Cities Committee visited McFarland on October 11, 1996.

They met with Mr. Gary M. Johnson, the City Administrator, and Mrs. Doris L. Wood, City Clerk.

The purpose of the visit was to fulfill the Grand Jury's obligation to visit each incorporated city within the County of Kern.

The City has five full time employees and a budget of $ 953,050 in total revenues.

There is a new Junior High School under construction. It will be completed in 1997.

The City contracts with the Kern County Sheriffs Department for police protection at the cost of $ 412,000 per year.

The sewer system is 4 miles outside the city limits. They currently have 6 holding tanks processing sewage waste at their treatment plant in compliance with State Sanitation and Health Code standards.

No Recommendations.

No Response Required.

City of Arvin

The Cities Committee visited the City of Arvin on August 29, 1996.

The financial problems facing the City of Arvin are approaching a " melt down" situation. A lawsuit was filed in Superior Court on April 1, 1996 against Arvin, by the County of San Diego over the Farm Labor Village.

The complaint seeks damages for fraud and deceit, for negligent misrepresentation, for negligence, for violations of California Corporation Securities Act, for violation of the Racketeer Influenced and Corrupt Organization Act ( RICO). In addition, the City of Arvin has litigation pending against it over the Sycamore Canyon Golf Course.

If the city of Arvin should loose these two cases it could force the city to file for bankruptcy. The City finds itself in this serious financial situation because of entering into three very unsound redevelopment projects, namely, the Jewett Square Project, the Farm Labor Village and the Sycamore Canyon Golf Course.

Each project was sold to the City by or with encouragement from some very shrewd sales people. Each project was represented as the answer to the City's financial problems and as each project failed, another " project" was sold to the City.

The City government entered into these projects with the best intentions of solving their financial problems but with inadequate business knowledge and very poor legal counsel. The projects were doomed to fall, one after another.

Arvin is in great need of expanding its waste water treatment plant. City Manager Payne has terminated the consultant waste water engineering firm for non- performance. A fee was being paid to the consultant for needed data that was not delivered. This was money wasted, causing further delay to the expansion project.

The City has formed the Arvin Community Redevelopment Agency, under the direction of the City Council. Its goal is to improve housing, revitalize downtown, attract industry, provide better streets and other public improvements within the City.'

Since Federal monies are no longer available for redevelopment, $ 34.3 million in tax increments will be the primary source of funding proposed for the life of the development project which will cover approximately 1000 acres. This funding source will make use of added property taxes above those received before redevelopment plan approval.

In addition, the City has Several hundred acres of undeveloped land that can be zoned industrial. This land is located on improved roads and has rail spur availability. With an excellent and available labor force and very reasonable land cost, the city has a very marketable commodity to sell.

Recommendation:

The Kern County Board of Supervisors needs to provide additional assistance in order to solve Arvin's financial problems.

RESPONSE REQUIRED TO:

Presiding Judge Kern County Superior Court 1415 Truxtun Avenue Bakersfield, CA 93301

City of Delano

On September 27, 1996 the Cities Committee of the Kern County Grand Jury made their annual visit to Delano.

Findings:

The City of Delano is located in the most north western portion of Kern County. Delano is 144 miles north of Los Angeles and 258 n- Ales south of San Francisco on the main line of Union Pacific Railroad.

The City of Delano currently employs 300 people. There are 60 employees working at the California Correctional Facility which is operated by the City. Nevertheless, Delano has a 30% unemployment rate. This is partly due to the fact that a lot of the industry is seasonal agricultural work.

The City of Delano offers a Housing Rehabilitation Program repairing homes to eliminate hazardous conditions. This program is available for owner occupied homes.

The City also operates the Delano Express Transit. They currently have 3 routes throughout the city and it costs 50 cents to ride.

City Officials appeared concerned about their contract with the Kern County Fire Dept. that provides fire protection for the City and outlying areas. This 5 year contract, that costs $ 1.2 million per year, will expire on June 30, 1997. Train tracks divide Delano making access to a fire impossible at times. Therefore, two fire stations are within the city limits. One is located on the east side of town, and one on the west side.

There is a Joint Powers Agreement between the City and the County Board of Supervisors.

There are County property tax revenues owed the City of Delano to compensate them for fire protection they provide in areas outside of the city limits. The County has not reimbursed the City for these added costs.

The streets are in need of repair and it will take nearly 5 years to make all needed repairs.

The City sewer plant capacity is up to code, and construction of a second trunk line is underway and will be completed in two years.

All new homes built within city limits are automatically put on a water meter, whereas the old homes are on a flat rate. Eventually the City has plans to put all existing homes on meters in order to conserve water usage. The City has a nine hole golf course with a budget of $ 194,000. Of this amount $ 171,000 is for staff and maintenance. The golf course has a current $ 60,000 deficit. The pro shop and snack bar have been contracted out. The green fees are not covering the costs to operate the golf course. The golf course has its own water well.

The City was able to obtain an FAA grant to repave the runway at the airport. However, the necessity of replacing old fuel tanks has helped cause the $ 100,000 deficit.

The City is working with a $ 2.3 million debt with a $ 1.3 million deficit.

Recommendations:

1. The City Council needs to immediately increase their fee structure to developers to match the impact that new growth demands.

2. The City needs to provide access to emergency vehicles over the railroad tracks which perhaps would eliminate the need for two separate fire stations.

Response Required to:

Presiding Judge of the Kern County Superior Court 1415 Truxtun Avenue Bakersfield, California 93301

Law and Justice

Introduction

The California Penal Code is the basic state foundation for the Grand Jury. The Law and Justice Committee within the Grand Jury is charged with the oversight of all law enforcement staff and facilities in Kern County. In addition, the Law and Justice Committee reviews and takes action as necessary on citizens complaints related to those agencies within its oversight responsibilities.

During the 1996- 1997 Grand Jury session, the Law and Justice Committee toured and visited most of the law enforcement and detention facilities in Kern County. In addition, numerous individual citizen's complaints were reviewed and acted on. in some instances the complaint was directed to the proper authorities with the citizens approval.

The following is a list of law enforcement agencies and detention facilities visited during 1996- 1997, by the Law and Justice Committee.

DateVisits Made During The Year

08- 20- 96 Arvin Police Department

09- 05- 96 Kern County Jail, Lerdo

09- 12- 96 Wasco State Prison

09- 26- 96 California Correctional Institution, Tehachapi

10- 14- 96 Ridgecrest Police Department

10- 17- 96 Sheriffs Substation at Tehachapi Sheriff's Substation at Mojave California City Police Department

10- 31- 96 Camp Erwin Owens

Lake Isabella Sheriffs Substation

11- 04- 96 Taft Community Correctional Center Taft Police Department

Maricopa Police Department

11- 14- 96 North Kern State Prison Delano Police Department

Delano Community Correctional Center

11- 21- 96 Juvenile Justice Center

Juvenile Hall

11- 25- 96 Coroners Facility

12- 05- 96 Shafter Community Correctional Center

Shafter Police Department

12- 11- 96 McFarland Community Correctional Center

01- 16- 97 Kern County Sheriffs Facility, Norris Road

02- 13- 97 Bakersfield Police Department

District Attorney's Crime Laboratory

02- 27- 97 Kern County Communication Center, Panorama Avenue

03- 13- 97 Kern County Probation Department

03- 24- 97 Kern County Central Jail, Bakersfield

Kern County Probation Department

Camp Erwin Owens

Findings:

Camp Erwin Owens is located in the Kernville area at 14401 Sierra Highway on 56 acres of mountainous terrain overlooking the Kern River. It is on Sequoia National Forest property and is on permanent lease to the probation department at no cost. The camp was established in 1939, as a camp to help delinquent boys. It presently houses 125 wards from the age of 14 to 17, and has a staff ratio of 1: 1 5. There are two dormitories, a mess hall, a school building with a gymnasium along with various storage sheds, vocational training buildings and four housing units. Family and other visitors have tables under the trees for visitation; there are no covered or inside visiting areas.

The wards are sentenced by court and placed at Camp Erwin Owens. They attend school and vocational training one- half day each on alternate shifts by dormitory. The wards bid for assignments, with kitchen duty being considered one of the best job assignments. School advancement is two to three times faster here than in regular schools. The wards are also involved in community work at least once a week. They help the chamber of commerce and are very much appreciated by the community.

Conclusions:

Management continues doing a commendable job in spite of some facilities that are dilapidated. However, there is one building, the mess hall, that because of its age and construction fails to meet present building codes. It is understood that the mess hall has been allowed to continue operating because its condition was " grand fathered" in, when new building codes were implemented. This building is a center of activity for the wards and staff, and yet it is not safe from earth quakes. The camp staff is aware of this. The Board of Supervisors is or should be aware of this. The public is not aware of the potentially tragic and disastrous situation waiting to happen. The Board of Supervisors must act to protect its children, especially those placed under its direct care.

Recommendation:

A new or retrofitted mess hall that meets the latest safety standards must be provided Camp Erwin Owens.

Response Required to:

Presiding Judge of the Kern County Superior Court 1415 Truxtun Avenue Bakersfield, California 93301

Kern County Probation Department

Kern County Juvenile Justice Center

Findings:

The Kern County Juvenile Center is located at 2100 College Avenue in Bakersfield. It is a four story building managed by the Department of General Services and houses offices of the Sheriff, County Counsel, District Attorney, Public Defender, County Clerk and the Superior and Juvenile Court. The building is now eight years old and the top two floors remain unfinished except for part of the third floor. On the day that this Grand Jury visited the Juvenile Justice Center building it was raining. We observed a down pour of rain leaking in through the roof. There are literally thousands of square feet of office space in a building that cost millions of tax payer dollars that are being wasted.

Conclusion:

This should be considered unacceptable management of Kern County resources. This is especially troublesome because in recent years, and especially this year, Kern County officials have been struggling to make room for their growing county agencies. It is necessary for the county to refocus its attention on making efficient use of existing space to meet its needs.

Recommendation:

Complete, repair, and make full use of the Juvenile Justice Center building.

Response Required to:

Presiding Judge of the Kern County Superior Court 1415 Truxtun Avenue Bakersfield, California 93301

Kern County Sheriff's Department

Kern County Central Jail

Findings:

The Kern County Central Jail is located at 1415 Truxtun Avenue, Bakersfield. This jail was closed in March 1993, when the staff was transferred to the Lerdo jail facility some ten or so miles from downtown Bakersfield. The move was made in order to save money and to make more efficient use of personnel. This is the kind of decision making and positive action that tax payers deserve.

However, this has left Kern County with literally thousands of square feel of unoccupied space at the central jail. Though part of the old jail is being used as a holding area for prisoners going to court, this still leaves thousands of square feet of valuable space simply going to waste while money is being spent to maintain it in full working order. This Grand Jury recognized that Kern County officials have undoubtedly grappled with the question of what to do with all that space. However, until such time as these officials focus their attention on solving this problem it is likely that new buildings will be built and more unoccupied valuable space will be created.

Conclusion:

A significant large part of the central jail has remained unoccupied for more than four years. This is a waste of Kern County resources and tax payer money.

Recommendation:

Take effective action to make full use of the central jail.

Response Required to:

Presiding Judge of the Kern County Superior Court 1415 Truxtun Avenue Bakersfield, California 93301

Kern County Sheriff's Department

Property Room

Findings:

The Kern County Sheriff's property room is located at 1501 " L" Street, Bakersfield. All evidence in criminal cases is stored here in an aluminum building near by. This main building is a three story unit shared by five different agencies. The space occupied by the property room appears to be filled to capacity. The walls between The property rooms and the other agencies are made of ordinary material not meant to be security walls. In One part of the building the only thing that separates the property room from the other agencies is a wire screen and electronic sensing devices.

Conclusion:

The property room contains hundreds of weapons of various kinds and significant amounts of narcotics. As evidence they can mean the difference between carrying out justice by helping to convict a criminal or clearing an innocent person. Maximum security needs to be provided to this evidence. Presently it does not appear that kind of security is being provided.

Recommendation:

Provide more space and better security to the Kern County Sheriffs property room.

Response Required to:

Presiding Judge of the Kern County Superior Court 1415 Truxtun Avenue Bakersfield, California 93301

Continuity Committee

CHAIRMAN - BRIDGET R. HEATH

CO- CHAIRMAN - JOANNE WILHITE

AGENDA RESEARCH - CHARLES A. OWENS

The Continuity and Tracking Report Committee is responsible for preparing the tracking report for the 1996- 97 final report. Our committee also attended the Board of Supervisors meetings. Our committee researched the agenda packet to keep watch on vital issues relating to the tax payers of Kern County and interest of the Grand Jury.

Our committee is also responsible for passing on information to the next years Grand Jury. This information will speed up the process for them and help them have a better understanding of the tasks ahead. With this information of the 1996- 1997 Grand Jury this will help them to alleviate doing any overlapping on their work.

This committee also tracked the responses to the 1995- 1996 final report. These responses go into the permanent Grand Jury files at the Kern County Superior Court and remain on file for 5 years.

REPORT

COMMITTEE

1 Camp Erwin Owens

Law & Justice

2 Jamison's Childrens Center

Health & Soc. Serv.

3 Juvenile Justice Center

Law & Justice

4 Kern Co. Civil Serv. Comm.

Administration

5 Kern Co. Employee Relations

Administration

6 Employers Training Resource

Health & Soc. Serv.

7 Kern Co. Public Health

Health & Soc. Serv.

8 Kern Co. Dept. of Human Serv.

Health & Soc. Serv.

9 Kern Co. Office on Aging

Health & Soc. Serv.

10 Kern Co. Personnel Dept.

Administration

11 Kern Co. Property Management

Administration

12 Kern Co. Risk Management

Administration

13 Kern Co. Superintendent of Schools

Health & Soc. Serv.

14 Kern Medical Center

Health & Soc. Serv.

15 Kern Co. Sheriff Property Room

Law & Justice

16 Veterens Service' Department

Health & Soc. Serv.

17 Lamont Public Utility District

Ad Hoc

18 C. A. 0. Personnel

Administration

19 C. A. 0. Special Projects

Administration

20 Sheriff's Dept. - Fitness

Administration

21 City of Bakersfield

Cities & Services

22 City of Delano

Cities & Services

23 Sheriffs Dept. Central Jail

Law & Justice