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IN MEMORY OF
Johnnie Raines
Los Angeles County
Civil Grand Jury
2001- 2002
Judge Stephen E. O’Neil
Supervising Judge
“ Let their memory and promise shine within us.”
Deborah Cooper
TABLE OF CONTENTS
INTRODUCTION
Memorial to Judge Stephen E. O’Neil and Mr. Johnnie Raines ………………………… i
Table of Contents …………………………………………………………………. ii
Foreperson’s Statement …………………………………………………………………. iv
Introduction to the Civil Grand Jury …………………………………………………………. viii
Oath of Office …………………………………………………………………. xi
Civil Grand Jury Photograph …………………………………………………………. xii
Civil Grand Jury Roster …………………………………………………………………. xiii
Vision Statement …………………………………………………………………. xiv
Officers and Advisors ………………………………………………………………… xv
COMMITTEE REPORTS
Audit Committee …………………………………………………………………… 1
Citizen Complaints Committee …………………………………………………………… 3
Attachments …………………………………………………………………… 5
Edit Committee ………………………………………………………………
Grand Jury and Final Report Awareness …………………………………………… 13
Recommendations …………………………………………………………… 16
Education Committee ………………………………………………………
Los Angeles Unified School District: Use of California State Lottery
Revenues and Expenditures …………………………………………………………... 17
Recommendations …………………………………………………………… 25
Government Operations Committee ………………………………………
Voting Machines …………………………………………………………… 29
Recommendations …………………………………………………………… 35
Commissions …………………………………………………………… 36
Recommendations …………………………………………………………… 37
ii
Health & Human Services Committee ………………………………………
Stroke Centers …………………………………………………………… 48
Recommendations …………………………………………………………… 50
Abandonment of Newborns …………………………………………………………… 51
Recommendations …………………………………………………………… 53
Patient Advocates …………………………………………………………… 54
Recommendations …………………………………………………………… 56
Retail Food Inspections …………………………………………………………… 57
Recommendations …………………………………………………………… 60
Attachments ……………………………………………………….. 61- 64
Jails Committee ………………………………………………
Detention Facilities …………………………………………………………… 65
Juvenile Detention Facilities …………………………………………………… 66
Recommendations …………………………………………………………… 76
Adult Detention Facilities …………………………………………………… 78
Recommendations …………………………………………………………… 85
Attachments …………………………………………………………… 88
Inmate Welfare Fund …………………………………………………………. 116
Recommendations ………………………………………………………….. 119
Biscailuz Recovery Center Domestic Violence Intervention
And Recovery Program ………………………………………………………….. 120
Section 1. Program Curriculum and Operations ………………………………. 124
Recommendations ………………………………………………………….. 135
Section 2. Profile of Program Participants ………………………………….. 137
Recommendations ………………………………………………….. 145
Section 3. Program Costs …………………………………………………….. 146
Recommendations ………………………………………………….. 149
Section 4. Program Results ………………………………………………….. 151
Recommendations ………………………………………………….. 162
Attachments ………………………………………………………………….. 163
iii
Public Safety Committee ………………………………………………………….
Application of Law Enforcement ………………………………………………….. 191
Recommendations ………………………………………………………….. 196
Research & Follow- Up Committee ………………………………………………….. 197
Social Services Committee ………………………………………………
MacLaren Children’s Center ………………………………………………
Introduction ………………………………………………………….. 205
Executive Summary ………………………………………………….. 206
Section 1. Introduction ………………………………………………….. 215
Section 2. Population Profile ………………………………………………….. 220
Recommendations ………………………………………………….. 237
Section 3. Criminal Background Checks at MacLaren ……………………….. 239
Recommendations ………………………………………………….. 246
Section 4. Investigating Allegations of Abuse by Staff ………………….. 248
Recommendations ………………………………………………….. 252
Section 5. Recruitment, Hiring and Item Control ………………………….. 254
Recommendations ………………………………………………….. 257
Section 6. Cost/ Staffing Analysis ………………………………………….. 259
Recommendations ………………………………………………….. 275
Department of Children and Family Services ( DCFS)
Introduction ………………………………………………………….. 277
Section 1. Assessing the Quality of Child Abuse
And Neglect Investigations ………………………………….. 293
Recommendations ………………………………………………….. 303
Section 2. Documentation of Reasonable Efforts ………………………….. 305
Recommendations ………………………………………………….. 312
Section 3. Use of Assessment Tools and Procedures ………………………... 313
Recommendations …………………………………………………. 322
Section 4. Use of CWS/ CMS System by Social Workers …………….……… 324
Recommendations …………………………………………………. 328
iv
Department of Children and Family Services ( DCFS)
Committee Investigation ………………………………………………………….. 329
Recommendations ………………………………………………………….. 330
Speakers and Events Committee ………………………………………………………….. 331
RECOMMENDATIONS
Recommendations ………………………………………………
Index of all Recommendations ………………………………………………….. 334
Responses to Recommendations ………………………………………………….. 356
v
INTRODUCTION
Los Angeles County Civil Grand Jury
FUNCTIONS OF THE LOS ANGELES COUNTY CIVIL GRAND JURY
The California Penal Code allows the superior court to impanel two grand juries, one to return
indictments and another to perform the civil functions of accusation and local government
oversight. The Civil Grand Jury performs the civil functions.
The Los Angeles County Civil Grand Jury is a volunteer body of 23 citizens residing within the
county of Los Angeles who are charged and sworn to respond to citizen complaints and to
conduct inquiries into matters of civil concern within the boundaries of Los Angeles County and
its incorporated cities.
RESPONSIBILITIES OF THE LOS ANGELES COUNTY CIVIL GRAND JURY
The grand jury’s responsibilities and powers are expressed in Chapter 4 of the California Penal
Code ( PC), Sections 3060( ff) of the California Government Code ( GC) and Section 17006 of the
California Welfare and Institutions Code ( W& I)). There are four responsibilities specifically
required of the grand jury and a wide scope of permitted ones. These required responsibilities all
begin with “ the grand jury shall . . .”
“ . . . investigate and report on the operations, accounts and records of the officers,
departments, or functions of the county including those operations, accounts and records
of any special legislative district or other district in the county created pursuant to state
law for which the officers of the county are serving in their ex officio capacity as officers
of the districts. The investigations may be conducted on some selective basis each year.
. . . inquire into the condition and management of the public prisons within the county.
. . . inquire into the willful or corrupt misconduct in office of public officers of every
description within the county.
. . . submit to the presiding judge of the superior court a final report of its findings and
recommendations that pertain to county government matters.”
AREAS OF ACTION
The Civil Grand Jury’s function, therefore, is the civil investigation of government; it is a
“ citizen watchdog” panel with an agenda of its own choosing. The jury has a dual role: it is a
viii
deliberative body drawing conclusions from evidence, and a fact finding body, not requiring
other agencies to collect information for it.
CONDUCT
The Civil Grand Jury functions lawfully only as a body. No individual grand juror, acting alone,
has any power or authority. Meetings of the Civil Grand Jury are not open to the public. Law
requires all matters discussed before the Civil Grand Jury, and votes taken, to be kept private and
confidential. The end result of inquiries into civil matters are released to the public via a final
report which is approved, prior to release, by the presiding judge or his designee, the supervising
judge of the superior court.
The Civil Grand Jury represents the interest of the public, not individuals, not any organizations
nor any groups with which jurors may have been associated. It is the duty of the grand jurors to
think at all times in terms of public, not personal interest.
CONFIDENTIALITY
Members of the Civil Grand Jury are sworn to secrecy. All grand jury proceedings are secret.
This secrecy guards the public interest and protects the confidentiality of sources. The minutes
and records of grand jury meetings cannot be subpoenaed or inspected by anyone. Matters
before the grand jury should never be discussed outside the grand jury. The Grand Juror’s
promise or oath of secrecy is binding for life ( in perpetuity). By law, it is a misdemeanor to
violate the secrecy of the grand jury room. Successful performance of grand jury duties depends
upon the secrecy of all proceedings.
REQUIREMENTS TO BECOME A GRAND JUROR
Civil Grand Juror candidates must meet all of the following qualifications:
be a citizen of the United States,
be at least 18 years of age,
be a resident of the State of California and Los Angeles County for at least one year
immediately prior to selection,
possess ordinary intelligence, sound judgment, and good character,
must not be serving as a trial juror in any California court,
cannot have been discharged as a grand juror in any California court within one year of
the beginning date of service ( July 1),
ix
cannot have been convicted of malfeasance in office, any felony or other high crime, and
cannot be serving as an elected public official.
JUROR SELECTION PROCESS
In counties over 4 million ( such as Los Angeles County) the law states that there shall be 23
members of the Civil Grand Jury with 4 alternates. These 23 members are selected by an
application, interview and random draw process to serve for a term of one year that begins July 1
and ends June 30.
To be considered, applicants must apply by early November. Those names are placed into a
selection pool along with appointees made directly by judges. Each judge in the County may
recommend two people to the pool of candidates. A panel of judges then interviews candidates,
and by March the pool is reduced to qualifying candidates advanced to the next selection
process. From this list of qualifying candidates, there is a random draw of 40 plus 10 alternates.
A background check is made of the 40 nominees and 10 alternates. In early June, a second
random draw of 23 plus 4 alternates is made from the pool of 40. On July 1, the 23 plus 4 are
sworn in for service as members and alternates of the Los Angeles County Civil Grand Jury.
TIME INVOLVEMENT
The Civil Grand Jury convenes Monday through Friday and each jury determines a work
schedule to meet the requirements of more than 200 work days. Plenary meetings are convened
in chambers. Investigations and site visits are conducted on location. The per diem rate is
$ 25.00, and mileage is reimbursed ( currently 31 cents per mile) for travel to and from the Grand
Jury Offices and for all grand jury business.
Anyone interested in serving on the Los Angeles County Civil Grand Jury and who meets the
requirements should request further information from:
Los Angeles County Grand Jury Services
320 West Temple Street, 15th Floor
Los Angeles, California 90012
213 - 974 - 5814
http:// grandjury. co. la. ca. us
“ I don’t know what your destiny will be, but one thing I know: the only ones among you who will be really
happy are those who will have sought and found how to serve.”
Albert Schweitzer
x
OATH OF OFFICE
( Penal Code § 911)
“ I do solemnly swear ( affirm) that I will support the Constitution of the
United States and of the State of California, and all laws made pursuant to
and in conformity therewith, will diligently inquire into, and true
presentment make, of all public offenses against the people of this state,
committed or triable within this county, of which the grand jury shall have
or can obtain legal evidence. Further, I will not disclose any evidence
brought before the grand jury, nor anything which I or any other grand juror
may say, nor the manner in which I or any other grand juror may have voted
on any matter before the grand jury. I will keep the charge that will be given
to me by the court.”
Administered by
Judge Stephen E. O’Neil
July 2, 2001
xi
LOS ANGELES COUNTY CIVIL GRAND JURY 2001- 2002
Front Row ( left to right) – Sam Hollander, Claire Stone, Marjorie H. Rhodes, Shirley ( Taz) Robinson, Rick Mehling, John L. Lewis,
Michelle M. Wilson, Margarett Tucker, Tammi Sharp, Shirley A. Jordan, Arthur Aratow.
Back Row ( left to right) - Gunter G. Altman, Candelario Arriola, Carole Hatcher, David Cohen, Larry Higgins, James B. Avery, Sr.,
Richard H. Smith, Jaime Pulido, Yvonne M. White.
xii
Los Angeles County
Civil Grand Jury 2001- 2002
Full Term
Gunter G. Altman
Arthur Aratow
Candelario Arriola
James B. Avery, Sr.
David Cohen
Carole Hatcher
Shirley A. Jordan
John L. Lewis
Rick Mehling
Marjorie H. Rhodes
Shirley ( Taz) Robinson
Richard H. Smith
Floyd R. Stauffer
Margarett Tucker
Yvonne M. White
Michelle M. Wilson
Partial Term
Chalon Coran
Lawrence Higgins
Sam Hollander
Toni Maurer
Jaime Pulido
Johnnie Raines
Tammi Sharp
John A. Simmons
Claire Stone
“ Do not, for one repulse, forego the purpose that you resolved to effect.”
Antonio, in Shakespeare’s The Tempest
xiii
Los Angeles County
Civil Grand Jury
2001- 2002
VISION STATEMENT
WE, the 2001- 2002 Civil Grand Jury, for the County of Los Angeles,
Having been duly sworn to uphold the oath of duty, do further pledge:
• To maintain an environment of the highest integrity;
• To promote the general improvement of all communities;
• To practice a careful consideration when listening and speaking to
others; and,
• To act as a unified body when the majority rules.
SO SAY WE ALL
xiv
AUDIT COMMITTEE
BACKGROUND
Under the California Penal Code § 925, 925A, 9331, and 933.5, the Los Angeles Civil Grand Jury
2001- 2002 was empowered to investigate the fiscal and operational performance activities of Los
Angeles County government and other local public entities. It also had authority to engage
outside consultants/ auditors in order to assist in its investigations. Remuneration for the outside
services is provided through funds allotted to the Los Angeles Civil Grand Jury in the form of an
annual budget granted by the Los Angeles County Board of Supervisors.
OBJECTIVES
The Audit Committee of the Los Angeles County Civil Grand Jury was one of four mandated
committees under the California Penal Code. To that effect, the Civil Grand Jury 2001- 2002 had
the task of identifying outside consultants/ auditors qualified to perform audits or studies selected
by the different grand jury committees. Upon selection of a consultant/ audit firm, the committee
followed- up on progress of the audits being conducted and secured proper interim reports to that
effect, in order to keep the grand jury appraised of the status of the commissioned audits/ studies.
The Audit Committee also ascertained that vendor drafts of final reports were supplied to the
grand jury in a timely manner and that the members of the concerned committees were present at
the exit interview conducted by the auditors, prior to issuance of their final audit/ study report.
METHODOLOGY
The Audit Committee established an initial crop of 18 firms selected from the county’s auditor
list of “ approved suppliers” that might meet the grand jury criteria. An invitation to participate
was extended to those firms, and a request for an expression of interest in assisting the grand jury
in its potential audits or studies was issued. References for past work performed for previous
grand juries or public entities was mandatory.
Of the 18 firms contacted, nine responded. The committee reviewed the nine proposals and
references and then selected three that showed extensive experience in the field. After further
study, the committee concluded that one firm was too small and would have difficulties handling
more than one assignment. The two remaining firms were equal in experience but vastly
different in pricing. The committee selected the lower priced vendor. A volume discount was
negotiated by awarding all audits to the one firm. This allowed the committee to stay within its
audit budget. Following the above process, the Audit Committee presented the selected firm
credentials to the 2001- 2002 Civil Grand Jury for approval.
1
By unanimous vote the firm was approved and the following audit- studies were contracted.
• Department of Children and Family Services – Child Removal Practices
• MacLaren Children’s Center – Management Audit
• Sheriff’s Department Biscailuz Recovery Center – Domestic Violence Intervention
Program
• Los Angeles Unified School District – Analysis of California State Lottery Revenues and
Expenditures
FINDINGS
It was found that the earlier a topic of audit/ study was determined by the entire grand jury, the
more time the Audit Committee had to secure the services of a contractor to commence the
necessary work. Thereafter, the Audit Committee gave top priority to managing the delivery of
the audit/ study results in order to coordinate work product in the performance time allocated by
each requesting committee. It is essential that all of this took place in accordance with the Edit
Committee timetable for publishing of the final report.
The Audit Committee of the Los Angeles County Civil Grand Jury 2001- 2002 reviewed the
periodic progress reports presented by the auditors. The involved committees took notice of a
number of problems encountered by the auditor in obtaining the necessary information and
documentation vital to the performance of their audit assignment.
One of the problems was the delay caused by the staff or personnel of the different agencies that
took endless time either to procure documentation, answer auditor’s questions or set up meetings
for exit interviews. From the beginning, the Audit Committee ran into a timing problem. The
different committees neglected to select their audit projects early enough to allow for any delays
that could occur in the course of the performance of an audit. For example, the 30- day delay in
obtaining a court order to pursue the study contracted for the Department of Children and Family
Services, or the procedure to be followed to draw up, review and have all concerned parties sign
the contract with the audit firm.
The delays affected not only the work of the committees that commissioned the audit, but the
Edit Committee whose work was of the utmost importance, and faced more than any other
committee, a performance and printing deadline critical for the entire grand jury.
Above all, the Audit Committee must be comprised of members whose skills include oversight
and project management of concurrent projects with delivery dates which are paramount to the
completion of the final report of the entire grand jury.
The Audit Committee
2
CITIZEN COMPLAINTS COMMITTEE
BACKGROUND
It is the right of all Los Angeles County citizens to bring to the attention of the Los Angeles
County Civil Grand Jury those matters about which they have concern. The Los Angeles County
Civil Grand Jury 2001- 2002 received more than 62 complaints or requests for investigation.
These communications were from the general population as well as from the incarcerated
population.
Before the 2000- 2001 term there was one Los Angeles County Grand Jury. In 2000 the Los
Angeles County Grand Jury was bifurcated ( legally divided) into a Civil Grand Jury and a
Criminal Grand Jury. The Citizen Complaints Committee is one of four mandated committees of
the Civil Grand Jury. The other three mandated committees are Audit, Edit and Jails.
Before the bifurcation of the Grand Jury, complaints were first received by the legal advisor to
review. An acknowledgment was sent to the complainant at that time by the advisor.
Complaints were then passed to the jury foreperson with the recommendation of the advisor.
After the bifurcation of the Grand Jury, citizen complaints were no longer received by the
advisor. They were received directly by the Civil Grand Jury or by the Grand Jury Staff.
Complaints must be in writing, either in a letter or on a Citizen Complaint form. This form was
studied and revised by the 2001- 2002 Civil Grand Jury, and is available from the Civil Grand
Jury or from the Grand Jury Staff. Included with this report, as Attachment ( A) is a copy of the
Citizen Complaint form. The response letter from the Civil Grand Jury to the complainant was
also revised to clarify further to the complainant what other information might be needed, or to
explain the reasons for possible rejection of the complaint. A copy of the revised response letter
is included with this report as Attachment ( B). A complete listing of citizen complaints received
by the Los Angeles County Civil Grand Jury 2001- 2002 is included as Attachment ( C).
OBJECTIVES
The Civil Grand Jury Citizen Complaints Committee was formed to review each citizen’s
complaint received for evaluation and possible investigation. If appropriate, the committee then
referred it to a jury committee for further investigation and resolution. If the citizen complaint
was not appropriate for the Civil Grand Jury, the complaint could be forwarded to another county
agency having jurisdiction, or no action was taken.
3
METHODOLOGY
Upon receipt of a complaint, the committee chairperson directed the jury staff to send an
acknowledgement to the complainant. There was no other communication from the Civil Grand
Jury to the complainant unless additional information was desired. Further action on the
complaint was dependant on a vote by the entire Civil Grand Jury.
The Citizen Complaints Committee Chairperson logged in each complaint, reviewed the file, and
circulated it among members of the committee for their review. The complaint was discussed in
committee and appropriate action was determined. If legal advice was deemed necessary, the
committee chairperson asked the grand jury foreperson to request assistance from the county
counsel. Before final disposition, the file with the committee’s recommended action was
presented to the Civil Grand Jury. The complaint might then be referred to another committee.
If found to be of a criminal nature, the complaint would be forwarded to the District Attorney’s
Office with concurrence of counsel. If there was no appropriate action to be taken by the Civil
Grand Jury, a file was closed.
Pursuant to the governing limitations of statutes, there was limited communication between the
Civil Grand Jury and the complainant. An acknowledgement letter sent to the complainant
recognized only the receipt of the complaint. Communication to the complainant was limited.
The communication could not indicate the resolution of the complaint, whether it was
determined to be founded or unfounded, or how it was acted upon, except if these matters were
discussed in a final report.
FINDINGS
There were complaints received that were not under the jurisdiction of the Civil Grand Jury, and
some were otherwise inappropriate for investigation. Some complaints were from citizens of
other countries, states and counties. Six complaints were from outside Los Angeles County and
two were under federal jurisdiction. Some were vague and made no actual complaint. In many
instances, there were insufficient facts to support the complaint. Other complaints concerned
cases that were pending in the courts and could not be reviewed by the Civil Grand Jury.
Due to the limited ability to communicate directly, the complainant might have the impression
that the complaint was receiving attention through investigation, when in fact that was not the
case. The limited response from the Civil Grand Jury gave false hope to the complainant for a
successful resolution. This limited ability to communicate directly with the complainant was the
source of much frustration for the Civil Grand Jury.
A revision of the acknowledgment letter to the complainant was instituted. If the complaint was
not appropriate for Civil Grand Jury investigation, the acknowledgement letter so stated, and
indicated that no further action would be taken on the matter.
The Citizen Complaints Committee
4
ATTACHMENT ( A)
Citizen Complaint Form
Los Angeles County Civil Grand Jury See Complaint Form Guidelines
The Superior Court opposite side for complete instructions
Criminal Courts Building All forms must be signed
210 West Temple Street
11th Floor, room 11- 506
Los Angeles, CA 90012
1. Who: Your Name:________________________________________________________
Address:______________________________________________________________________
City__________________________________________ State,__________ Zip Code:_________
Telephone:(________)_____________________________ Extension: ____________________
2. What: Subject of Complaint. Briefly state the nature of complaint and the action of what
Los Angeles County department, section, agency, or official( s) that you believe was illegal or
improper. Use additional sheets if necessary.
______________________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________
3. When: Date( s) of incident __________________________________________________
______________________________________________________________________________
4. Where: Names and addresses of other departments, agencies or officials involved in this
complaint. Include dates and types of contact, i. e. phone, letter, personal. Use additional sheets
if necessary.
______________________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________
5. Why/ How Attach pertinent documents and correspondence with dates.
______________________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________
6. Signed ________________________________________ Date:
__________________________________
Please see reverse side for additional instructions 10/ 04/ 01
5
Complaint Guidelines
Communications from the public can provide valuable information to the Civil Grand
Jury. Receipt of all complaints will be acknowledged. If the Civil Grand Jury determines
that a matter is within the legally permissible scope of its investigative powers and
would warrant further inquiry, additional information may be requested. If a matter does
not fall within the Civil Grand Jury’s investigative authority, or the jury determines not to
further investigate a complaint, no action will be taken and there will be no further
contact from the Civil Grand Jury.
The findings of any investigation conducted by the Civil Grand Jury can be
communicated only in a formal final report, which is normally published at the
conclusion of the Grand Jury’s term of impanelment ( June 30th).
The Civil Grand Jury has no jurisdiction or authority to investigate federal agencies,
state agencies, or the courts. Only causes of action occurring within the County of Los
Angeles are eligible for review. The jurisdiction of the Civil Grand Jury includes the
following:
• Consideration of evidence of misconduct against public officials within Los
Angeles County.
• The inquiry into the condition and management of the jails within the county.
• Investigation and report on the operations, accounts, and records of the officers,
departments or functions of the county including those operations, accounts, and
records of any special legislative district or other district in the county created
pursuant to state law for which the officers of the county are serving in their ex
officio capacity as officers of the districts.
• Investigation of the books and records of any incorporated city or joint powers
agency located in the county.
Revised 10/ 04/ 01
6
ATTACHMENT B
SAMPLE LETTER TO COMPLAINANT
Date
Name
Address
Dear
Your letter to the Civil Grand Jury, dated has been received and is being
reviewed.
The fact that members of the Grand Jury are reviewing this matter does Not mean that the
Grand Jury is conducting an investigation into your complaint. Rather, a review is being done to
assist the Grand Jury in deciding what further action, if any, to take. By law, the Grand Jury is
precluded from communicating the result of its investigation except in one of its public report.
All communications are considered, but may not result in any action or report by the
Grand Jury.
Please note that the Los Angeles County Civil Grand Jury has no jurisdiction or authority
to investigate Federal agencies, State agencies or the courts. Only causes of action occurring
within the County Government of Los Angeles are eligible for review.
Please review the checked items in the list below for additional comments concerning
your specific complaint
____ Request for more specific facts
Your complaint contained insufficient facts for the Grand Jury to
consider. If you wish the grand Jury to further review your
letter, we will need more specific information.
____ Request for additional information
In order to further consider your complaint, the Grand Jury requests
the following additional information:
____ No jurisdiction ( State or Federal)
The Grand Jury does not have jurisdiction over the subject
matter of your complaint.
____ Referral to another agency
The Grand Jury does not have jurisdiction over the subject
matter of your complaint. You may wish to contact
_____________________________________________________
7
____ Suggestion for legal counsel
The matter you describe in your letter dated _________, appears
to be an issue which may require you to obtain legal advice
which the Grand Jury is not empowered to provide.
____ Matter is before the Courts
The matter referred to is pending before court. If you believe that
The court has incorrectly resolved the matter, you may consider
appealing it to a higher court.
Sincerely,
Civil Grand Jury Staff
8
ATTACHMENT ( C)
CITIZEN COMPLAINTS COMMITTEE
The following is a listing of Complaints received by the Los Angeles County Civil Grand Jury
2001- 2002.
01/ 69 Alleged discrimination on Federal Property
01/ 71 Alleged abuse by Los Angeles Health Department personnel
01/ 72 Ongoing feud with Workers Compensation Division
06- 17- 01/ 01 Bond Issue in Los Angeles Community College District
07- 30- 01/ 02 Alleged abuse, waste and fraud within L. A. Unified School District
( LAUSD)
07- 30- 01/ 03 Complaint against Orange County by Orange County Citizen
08- 13- 00/ 04 Complaint against the State of California
08- 15- 01/ 05 Alleged discrimination against and abuse of disable person
08- 15- 0/ 106 Complaint by an inmate of a State Prison against prison personnel
08- 15- 01/ 07 Complainant resides in the Netherlands
08- 23- 01/ 08 Alleged abuse by Department of Children and Family Services
08- 29- 01/ 09 Request for cleanup of Port of Los Angeles
08- 29- 01/ 10 Alleged excessive use of force by Los Angeles Police Department
08- 30- 01/ 11 Request for investigation into death of friend
08- 30- 01/ 02 Prison inmate alleges misconduct by prison personnel
08- 30- 01/ 13 Alleged conspiracy against son by authorities
08- 30- 01/ 14 Discrimination within Torrance Police Department
08- 30- 01- 1/ 5 Inmate alleges misconduct by District Attorney
08- 30- 01- 1/ 6 Alleged abuse by prison personnel
9
09- 06- 01/ 17 Alleged police brutality
09- 06- 01/ 18 Alleged unresponsiveness of Sheriff’s Department
09- 06- 01/ 19 Alleged discrimination by LAUSD
09- 06- 01/ 20 Alleged mistreatment by staff at state mental institution
09- 06- 01/ 21 Alleged discrimination because of “ perceived” ethnicity
09- 19- 01/ 22 Alleged conspiracy between Board of Supervisors and Assessor’s Office
09- 19- 01/ 23 Alleged police brutality
09- 24- 01/ 24 Alleged murder plot
09- 24- 01/ 25 Complaint About Fire Department Personnel Practices
10- 11- 01/ 26 Alleged corruption District Attorney’s Office
10- 16- 01/ 27 Complaint against Metropolitan Transit Authority
10- 16- 01/ 28 Alleged unfair disbarment
10- 16- 01/ 29 Concern expressed over future water needs in Los Angeles County
10- 23- 01/ 30 Investigation requested into eminent domain issue
10- 23- 01/ 31 Alleged corruption in City of South Gate
10- 23- 01/ 32 Alleged abuse fiscal mismanagement in Department of Animal Care
Control
10- 26- 01/ 33 Proclamation of innocence by inmate in state prison
10- 26- 01/ 34 Alleged corrupt courts in Lancaster
11- 08- 01/ 35 Alleged assault with a deadly weapon by city employees
11- 13- 01/ 36 Inmate complaint about court appointed attorney
11- 13- 01/ 37 Alleged embezzlement by prison warden
11- 15- 01/ 38 Alleged physical assault on property of a privately owned company
10
11- 15- 01/ 39 Alleged mental abuse by social worker at juvenile camp
11- 27- 01/ 40 Request investigation into Department of Child and Family Services
11- 27- 01/ 41 Alleged abuse at state prison
11- 28- 01/ 42 Alleged denial of Relocation Funds by Alameda Corridor Transportation
Authority
12- 20- 01/ 43 Alleged discrimination by City of Los Angeles against city employee
01- 11- 01/ 44 Alleged complaint against California Franchise Tax Board
01- 11- 01/ 45 Proclamation of inmate innocence and desire to withdraw guilty plea
01- 22- 01/ 46 Alleged inappropriate ruling by Probate Court
01- 24- 01/ 47 Complaint Against Drug Enforcement Agency ( DEA) alleged actions
01- 25- 01/ 48 Complaint about LACUSC Medical Center contractor overpayment
07- 07- 02/ 49 Alleged corruption of Los Angeles County Sheriff’s Department and
Deputy District Attorney
02- 20- 02/ 50 Alleged fraudulent tax assessment by Los Angeles County Tax Assessor
02- 20-- 2/ 51 Alleged misconduct by Los Angeles County Deputy District Attorney
02- 20- 02/ 52 Alleged lack of prosecution of rapist
02- 20- 02/ 53 Alleged illegal rent increase
02- 21- 02/ 54 Alleged state office imprisonment misconduct
03- 01- 02/ 55 Alleged state prison abuse of authority and poor legal representation
03- 27- 02/ 56 Alleged conspiracy by state and court officials
03- 29- 02/ 57 Alleged falsification of inspection reports by Los Angeles County Fire
Department
04- 03- 02/ 58 Alleged criminal misconduct of court judge
04- 09- 02/ 59 Alleged excess work hours in state prison by inmate
04- 23- 02/ 60 Alleged unfair selective enforcement of city codes
11
04- 23- 02/ 61 Alleged collusion between Downey Police Department and District
Attorney’s Office
04- 24- 02/ 62 Alleged racial discrimination at state prison
12
EDIT COMMITTEE
Grand Jury Awareness and Final Report
BACKGROUND
Penal Code § 933( a) requires the grand jury to “. . . submit to the presiding judge of the superior
court a final report of its findings and recommendations. . . . Final reports on any appropriate
subject may be submitted to the presiding judge of the superior court at any time during the term
of service of a grand jury . . .”
The Edit Committee was responsible for the production of the Los Angeles County Civil Grand
Jury 2001- 2002 final report consisting of the findings, conclusions and recommendations of the
various studies and investigations conducted by the committees of the Civil Grand Jury. Each
committee report draft was reviewed by the Edit Committee for readability and copy editing.
After a review process was applied to the various reports they were assembled, compiled and
edited into one final report.
The Los Angeles County Civil Grand Jury 2001- 2002 was internally divided into eleven
committees:
Audit
Citizen Complaints
Edit
Education
Government Operations
Health & Human Services
Jails
Public Safety
Research & Follow- Up
Social Services
Speakers & Events
Four of the committees, Audit, Citizen Complaints, Edit and Jails are standing committees with
specific and mandated objectives to address. Other committees change from one Civil Grand
Jury to the next, depending upon the work each jury chooses to undertake.
Each committee was responsible for determining its topics of concern, conducting studies,
gathering pertinent data and/ or supervising the investigations within its field of interest. The
entire Los Angeles County Civil Grand Jury must approve any investigations. In some instances,
a committee was aided in its investigation by the employment of an outside professional auditing
firm.
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OBJECTIVE
The objective of the Los Angeles County Civil Grand Jury 2001- 2002 Edit Committee was to
produce and publish any final reports of the Civil Grand Jury.
METHODOLOGY
Upon completion of investigations, the written reports of the committees were submitted to the
Edit Committee for editing and publication. This process included review by the Civil Grand
Jury Foreperson and the entire Civil Grand Jury. The County Counsel reviewed the final report
for liability and consistency with statutory authority. The presiding judge reviewed the final
report for compliance with the law. After review by all parties, the final report was printed and
published.
The Edit Committee was responsible for selecting a vendor printer, selecting layout, format,
stylization, presentation, delivery and project management. The production of the final report
was a joint- venture partnership between the various committees, the Edit Committee and the
printer. Production was accomplished within a limited amount of time.
Before publishing the final report, the Civil Grand Jury provided the affected agencies a copy of
the portion of the report relating to that agency, two working days prior to public release. The
affected agency was prohibited by Penal Code § 933.05( f) from disclosing “ any of the report
prior to the public release of the final report.” The ban was in affect to prevent press leaks
during the two- day period when the Los Angeles County Civil Grand Jury cannot publicly
comment on the contents of the report.
Distribution was made to the Presiding Judge of the Civil Grand Jury, the Los Angeles County
Board of Supervisors, Superior Court Judges, the District Attorney, the Public Defender, the
Probation Department, the Sheriff, various county departments, Chiefs of Police in cities
throughout the county, news media, public libraries, public interest groups, and other interested
citizens. Approximately 1700 copies of the final report were distributed. The final report should
also be available on the Internet at http:// grandjury. co. la. ca. us. It is hoped that this wide
distribution will help to educate and encourage more citizens to apply for grand jury service.
The Los Angeles County Civil Grand Jury final reports are an excellent tool for informing the
public of its work covering all inquiries and findings, and recommendations and commendations.
Continuing efforts need to be made to distribute the final report to as many public interest
groups, organizations, and other public venues as possible. This will help to educate and inform
the citizens of Los Angeles County about the duties of the Civil Grand Jury. Other volunteers
may also be encouraged to make application to serve on the Civil Grand Jury.
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FINDINGS
All reports issued by the Los Angeles County Civil Grand Jury are final reports. Once issued,
they must not be changed. The law does not permit minority reports, and a report cannot contain
minority opinions. The Civil Grand Jury speaks with one voice, through the report of its findings
and recommendations that pertain to county government matters during the fiscal or calendar
year of its term. A final report is the only document through which the grand jury may
communicate to the public.
It has been an honor to serve the citizens of Los Angeles County, and to be a partner in the work
and production of this final report.
The Edit Committee
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Edit Committee
GRAND JURY AWARENESS AND FINAL REPORT
RECOMMENDATIONS
1. The Edit Committee recommends that the Board of Supervisors continue and expand its
“ Grand Jury Awareness” campaign in an effort to help recruit volunteers for service on
the Los Angeles County Civil Grand Jury.
2. The Edit Committee recommends that the Board of Supervisors make available to the
citizens of each of their districts, through their field offices, application forms for service
on the Los Angeles County Civil Grand Jury.
3. The Edit Committee recommends that the Board of Supervisors work with the Superior
Court and its Jury Services staff to continue the distribution of the Los Angeles County
Civil Grand Jury 2001- 2002 final report, and each subsequent Civil Grand Jury final
report, to the webmaster of the internet grand jury site, to post for public review via the
internet.
4. The Edit Committee recommends the Board of Supervisors work with the Superior Court
and its Jury Services staff to provide copies of the Los Angeles County Civil Grand Jury
2001- 2002 final report, and each subsequent Civil Grand Jury final report to all Los
Angeles County Superior Court juror assembly rooms to help educate the public and
recruit other interested volunteers.
5. The Edit Committee recommends that the Board of Supervisors work with the Superior
Court to continue and improve its educational outreach program, utilizing as many forms
of media broadcasting as possible, in an attempt to recruit Civil Grand Jurors from the
rich and diverse racial/ ethnic population that encompasses the County of Los Angeles.
16
EDUCATION COMMITTEE
LOTTERY MONEY FUNDS
REVENUES AND EXPENDITURES AUDIT
BACKGROUND
The Education Committee of the Los Angeles County Civil Grand Jury 2001- 2002 contracted
with an independent auditor to review the Los Angeles Unified School District ( LAUSD) with
regard to its expenditure of restricted state lottery monies.
On November 6, 1984, 58% of California voters approved Proposition 37 entitled “ The
California State Lottery Act” ( CSLA). The act provides that at least 34% of the Lottery
Revenues must go to public education. This supplemental funding provides additional resources
to meet their locally determined needs.
OBJECTIVE
The Lottery’s mandate in the California State Lottery Act ( SCLA) is to provide supplemental
funding to California Public Education on all levels from kindergarten through the universities of
California, plus several specialized schools. According to the Lottery Act, lottery contributions
can be used only for instructional purposes and it bans use for the acquisition of property, the
construction of facilities, or the funding of research. Approximately 80- 90% of the California
lottery funds are to be used to attract and retain teachers.
The Education Committee of the Los Angeles County Civil Grand Jury 2001- 2002 determined to
review revenues and expenditures of the LAUSD. The following report represents the findings
and recommendations based on information gathered from this limited scope management audit.
17
EDUCATION COMMITTEE
BACKGROUND AND OBJECTIVES
The California State Lottery Act of 1984 was enacted to supplement the total amount of money
allocated for public education in California. Government Code Section 8880.4 provides for the
allocation of Lottery revenues and requires that at least 34 percent of the total annual revenues of
the State Lottery be allocated to the benefit of public education. Government Code Section
8880.5 restricts the use of these funds exclusively for the education of pupils and students and
prohibits the expenditure of funds for the acquisition of real property, construction of facilities,
financing or research, or any other non- instructional purpose. Since its enactment, the Los
Angeles Unified School District ( LAUSD) has received approximately $ 1.3 billion to
supplement existing educational funding sources available to the District.
In March 2000, Proposition 20 known as the “ Cardenas Textbook Act of 2000” was approved by
the voters. This proposition amended Section 8880.4 of the Government Code effective July 1,
1998 by placing further restrictions on the use of lottery monies and allocating future increases
in lottery proceeds as follows. Beginning in fiscal year 1998- 99 and each fiscal year thereafter,
50 percent of any growth in lottery funds allocated for educational purposes over the 1997- 98
base fiscal year shall be allocated to school districts for the purchase of instructional materials on
the basis of an equal amount per unit of average daily attendance. Government Code Section
8880.5 ( l) requires as a condition of receiving such monies, each district and county
superintendent of schools shall establish a separate account for the receipt and expenditure of the
monies and such account shall be identified as a lottery education account.
In order to determine if the Los Angeles Unified School District ( LAUSD) has complied with the
expenditure and accounting restrictions placed on State Lottery educational funds, the Grand
Jury authorized a limited scope management audit. The audit focused on State Lottery receipts
and expenditures for FY 1998- 99, FY 1999- 00, and FY 2000- 01. In addition, the audit
compared actual receipts and reported expenditures to determine the unexpended balance of
restricted lottery monies as of June 30, 2001.
METHODOLOGY
The audit of LAUSD compliance with State Government Code restrictions on the expenditure of
and accounting for State lottery monies included the following audit procedures.
• An entrance conference was held with LAUSD officials on January 16, 2002 to explain
the purpose, objective, scope and procedures of the management audit process.
• Interviews were conducted with the District Controller, Budget Officer, Chief
Accountant and other District staff responsible for the accounting and budgeting of
State lottery monies.
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• District financial, accounting, and budget reports, as well as audited financial
statements for the last three fiscal years were obtained and analyzed. To determine the
correct fund balance as of June 30, 2001, reports to the State Department of Education
for FY 1985- 86 through FY 2000- 01 were obtained and analyzed.
• A special electronic data processing report was prepared by District staff listing each
detailed transaction charged against restricted lottery monies available for instructional
materials only. This report identified $ 18.4 million of expenditures reported to the
State of California Department of Education for FY 2000- 01. This report was analyzed
to determine if the purpose of the detailed transactions complied with the restricted uses
permitted by State law. In addition, a systematic random sample of 100 transactions
was selected to determine if the reported classification of expenditures on the electronic
report was consistent with the purpose shown on the actual invoices and other
documentation.
FINDINGS
Analysis of Lottery Revenues
The LAUSD received a total of $ 1,303,052,279 in lottery monies since the enactment of the
1984 California State Lottery Act. This amount includes $ 1,284,584,904 of public education
monies and $ 18,467,375 of instructional materials monies. The LAUSD deposits lottery
revenues in its General Fund. No separate accounting for expenditures is done for the lottery
public education monies since these revenues are commingled with all other General Fund
revenues. However, lottery monies that are restricted for instructional materials purchases only
are accounted for separately through the use of an accounting system program code designated
as “ Program 4153 Lottery Instructional Materials.” These lottery revenues are shown below by
fiscal year.
Table 1
LAUSD California State Lottery Revenue
by Fiscal Year
Public Instructional
Education Materials
Fiscal Year Revenue Revenue
1985- 86 $ 73,274,879
1986- 87 60,644,902
1987- 88 83,412,011
1988- 89 118,950,974
1989- 90 96,859,361
1990- 91 78,402,821
1991- 92 55,158,009
1992- 93 60,584,287
1993- 94 65,752,018
19
1994- 95 79,406,706
1995- 96 84,375,503
1996- 97 75,482,331
1997- 98 84,218,994
1998- 99 88,987,003
1999- 00 89,397,948 $ 4,503,504
2000- 01 89,677,157 13,963,871
Total $ 1,284,584,904 $ 18,467,375
Analysis of Lottery Expenditures
Based on an analysis of J- 200L annual reports filed with the State Department of Education, the
LAUSD had a reported fund balance of unexpended public education lottery monies amounting
to $ 66,514 as of June 30, 2001. The unexpended fund balance of instructional materials lottery
monies amounted to $ 67,173 as of June 30, 2001. These reported balances are shown in the
following table.
Table 2
LAUSD California State Lottery Expenditures
by Fiscal Year
Public June 30 Instructional June 30
Education Unexpended Materials Unexpended
Fiscal Year Expenditures Balance Expenditures Balance
1985- 86 $ 0 $ 73,274,879
1986- 87 116,007,995 17,911,786
1987- 88 61,524,635 39,799,162
1988- 89 139,060,103 19,690,033
1989- 90 115,878,925 670,469
1990- 91 79,073,290 0
1991- 92 55,158,009 0
1992- 93 57,184,287 3,400,000
1993- 94 69,152,018 0
1994- 95 69,459,359 9,947,347
1995- 96 79,413,533 14,909,317
1996- 97 80,968,041 9,423,607
1997- 98 80,873,106 12,769,495
1998- 99 101,756,497 1
1999- 00 89,397,948 1 0 4,503,504
2000- 01 89,745,441 66,514 18,400,562 67,173
Total $ 1,284,585,203 $ 18,400,562
LAUSD accounting records also show that the expenditure of lottery monies restricted for
instructional materials based on average daily attendance in each of the 11 local districts ranged
from a low of $ 23.63 to $ 28.22 per student as shown in Table 3. It should be noted that these
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expenditures reflect approximately one and one- half years of funding of instructional materials
monies for the 11 local districts and only one year of funding for the financially independent
charter schools. Exhibit 1 describes the geographic location of each local district and reports
enrollment by grade level for FY 2000- 01.
Table 3
Analysis of FY 2000- 01 Lottery Expenditures for Instructional Materials
By Local District
Instructional Average Average
Local Materials Daily Expenditure
District Expenditures Attendance Per Student
C $ 1,901,204 67,381 $ 28.22
J 1,743,671 64,309 27.11
A 1,893,495 70,691 26.79
K 1,785,561 66,888 26.69
D 1,472,891 57,238 25.73
G 1,515,022 59,205 25.59
H 1,717,491 69,351 24.77
I 1,309,221 53,509 24.47
F 1,486,370 61,514 24.16
B 1,872,683 77,614 24.13
E 1,611,567 68,196 23.63
Charter Schools 67,984 4,676 14.54
Although Table 3 shows that the average amount of lottery instructional materials funds
expended per student varied by as much as 19 percent between local districts, more importantly,
LAUSD accounting records show that the District significantly increased total expenditures for
instructional materials during the most recent three fiscal years. In FY 1999- 00, total
expenditures for instructional materials increased by $ 41 million from $ 68.1 million to $ 109.1
million over the prior fiscal year. In FY 2000- 01, total expenditures for instructional materials
again increased by $ 58.7 million from $ 109.1 million to $ 167.8 million over FY1999- 00. For
the three- year period, total expenditures for instructional materials increased by 146 percent.
Expenditures per student by the fiscally independent charter schools of lottery monies restricted
for instructional materials amounted to only $ 14.54 per student. This rate of expenditure is not
comparable to the rates shown in Table 3 for the 11 local districts, since it is based on only one
year of funding versus approximately one and one- half years of funding for the 11 local district
schools.
However, analysis of J- 200L annual reports filed with the State Department of Education, also
determined that certain expenditures made from public education monies and from instructional
materials monies did not comply with the restrictive uses of such monies as required by
Government Code Section 8880.4. Exhibit 2 is a copy of the FY 2000- 01 annual report to the
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State, which clearly identifies prohibited expenditures for capital outlay purposes. These
prohibited expenditures are shown as italicized figures in Table 4.
Table 4
Detail of LAUSD California State Lottery Expenditures
as a result of Object Code
Personnel Services & Other
Fiscal Year Mat & Sup Other Oper Capital Outgo
1985- 86 $ 0 $ 0 $ 0 $ 0
1986- 87 92,538,705 853,929 960,604 12,030,000
1987- 88 57,461,349 500151 0 0
1988- 89 135,021,073 795,595 0 0
1989- 90 112,817,258 809,666 0 0
1990- 91 78,863,672 62,633 0 0
1991- 92 54,959,975 187,736 0 0
1992- 93 57,150,462 33,825 0 0
1993- 94 69,112,501 38,167 0 0
1994- 95 69,389,072 68,498 0 0
1995- 96 79,317,326 79,576 0 0
1996- 97 80,822,520 130,828 0 0
1997- 98 80,787,750 50,859 0 0
1998- 99 101,659,801 88,032 0 0
1999- 00 89,382,043 6,044 0 0
2000- 01 85,851,448* 2,383,980 1,510,013 0
Total $ 1,284,585,203 $ 6,089,519 $ 2,470,617 $ 12,030,000
* $ 10,437,729 of this amount was expended for various supplies and services from the restricted
instructional materials monies.
Table 4 identifies expenditures in FY 1986- 87 and FY 2000- 01 that were not permitted from the
two restricted lottery funding sources. Unallowable expenditures from lottery public education
monies during FY 1986- 87 and FY 2000- 01 totaled $ 27,321,832. Unallowable expenditures of
restricted lottery instructional materials monies accounted for $ 14,331,228 of the $ 18,400,375
expended in FY 2000- 01, the first fiscal year in which these new restricted lottery monies were
available for expenditure. It should be noted that charter schools accounted for $ 67,984 of the
$ 18,400,375 expended from restricted lottery instructional materials. However, because charter
schools are responsible for and conduct all of their own accounting functions, including
accounting for restricted lottery monies, the LAUSD does not monitor or audit lottery
expenditures reported by the charter schools to the LAUSD for inclusion in its annual report to
22
the State. As a result, LAUSD has no way of determining if the charter schools, which obtain
lottery monies through the sponsorship of LAUSD, are expending such funds in compliance with
State law. Accordingly, LAUSD should develop procedures to obtain adequate supporting
documentation from charter schools to verify the appropriateness of charter school restricted
expenditures as a sponsor responsibility.
In order to improve the budgetary presentation and to ensure future compliance regarding the
expenditure of restricted lottery monies, several budget and accounting procedural changes are
recommended to simplify and clarify the day- to- day processes pertaining to these funds.
Proposed Revision of Procedures for the Budgeting and Accounting for
Restricted Lottery Monies
The LAUSD budget process does not currently include any specific procedures relative to the
budgeting of restricted lottery monies, either at the local district level or on a District- wide basis.
Although governed by State law requiring a specific budget hearing and board resolution, limited
as to the permissible uses of such funds and encumbered by special accounting and reporting
requirements, LAUSD has not developed any written procedures to ensure compliance with
these mandates. Clearly, such procedures would be useful to facilitate the consistent and
thorough budget process intended by the Legislature to ensure adequate budgeting of monies for
textbooks and instructional materials.
The current LAUSD budget process also does not separately account for the restricted lottery
monies. Both the public education funds and the instructional materials funds are included as
General Fund revenues and are not separately identified by object of expense or local district
within the LAUSD annual budget. Although the accounting system includes separate program
categories for each of these restricted revenue sources, any object of expense such as salaries,
benefits, equipment, capital improvements and others can be charged to any program category.
As a result, actual accounting practices have not consistently followed the intended restrictions
envisioned by the assigned program categories for lottery monies.
To minimize the possibility of coding inappropriate charges to these restricted funding sources in
the future, separate funds should be established for each of the restricted lottery revenues and
monies expended in prior years for non- compliant purposes should be deposited in these funds
from the General Fund unreserved and undesignated fund balance. In addition, the annual
LAUSD budget should appropriately reflect the use of these restricted funds in the local district
budgets for purposes consistent with the permitted uses. The clear designation of restricted
instructional materials funds in the budget would be consistent with the requirement of
Education Code Section 60119, which requires each district receiving such monies to conduct a
public hearing as to the adequacy of funding for textbooks and other instructional materials and
for the local board of education to adopt a resolution certifying such adequacy.
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Proposed Amendment of Education Code Section 8880.4
Given the compliance issues experienced by LAUSD in properly executing and accounting for
expenditures of restricted lottery monies, and considering the clear intent of the Legislature to
mandate a set of requirements designed to ensure supplemental funding for instructional
materials pursuant to the to “ Cardenas Textbook Act of 2000,” additional amendments to
Education Code Section 8880.4 would be appropriate. Because Education Code Section 8880.4
currently does not require the establishment of a separate fund to account for revenues and
expenditures of restricted lottery monies and does not include a maintenance of effort
requirement to ensure enhanced levels of on- going funding for instructional materials, such
provisions are needed to carry- out the legislative intent of the Cardenas Textbook Act of 2000.
Therefore, the Los Angeles County Board of Supervisors should seek to have the Legislature
amend Government Code Section 8880.4 to require local educational agencies to establish
special funds for the receipt and expenditure of lottery educational and instructional material
monies to ensure the use of such funds in accordance with the intent of State law. Further, a
maintenance of effort requirement based on FY 1997- 98 expenditure levels per ADA ( average
daily attendance) should be established and annually adjusted in accordance with annual changes
in the consumer price index, to ensure local educational agencies do not supplant existing
funding sources with lottery funding intended for instructional materials only.
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Education Committee
LAUSD EXPENDITURE OF RESTRICTED STATE LOTTERY MONIES
RECOMMENDATIONS/ SOLUTIONS
The Education Committee recommends that the LAUSD:
6. Establish separate funds for the receipt and expenditure of Lottery Monies in order to
ensure that such funds are expended in accordance with the restricted purposes
specified by State law.
7. Develop written procedures to specify appropriate budgeting, expenditure, and public
hearing processes as described in Government Code Section 8880.4 and Education
Code Section 60119.
8. Transfer approximately $ 14.3 million of General Fund monies to the Lottery
Instructional Materials Special Fund to account for prior year expenditures not in
compliance with Government Code Section 8880.4 restrictions.
9. Transfer approximately $ 13.0 million of General Fund monies to the Lottery
Educational Special Fund to account for prior year expenditures not in compliance
with Government Code Section 8880.4 restrictions.
10. Establish procedures to monitor the expenditure of lottery monies allocated to charter
schools to ensure that such expenditures are in accordance with the restrictions of
State law.
The Education Committee recommends that the Los Angeles County Board of Supervisors
should urge the State Legislature to:
11. Amend Government Code Section 8880.4 to require local educational agencies to
establish special funds for the receipt and expenditure of lottery educational and
instructional material monies to ensure the use of such funds in accordance with the
intent of State law. Further, a maintenance of effort requirement based on FY 1997- 98
expenditure levels per ADA ( average daily attendance) should be established and
annually adjusted in accordance with annual changes in the consumer price index, to
ensure local educational agencies do not supplant existing funding sources.
25
GOVERNMENT OPERATIONS COMMITTEE
Electronic Voting Machines
BACKGROUND
Many areas in the United States conduct their voting activities by using a punch- card ballot
system. In the County of Los Angeles, the voting apparatus has consisted of a flat metallic box-like
structure with a narrow slit along one end into which a cardboard voting slip is inserted. The
card is printed with a rectangular area on one side filled with squares, in vertical and horizontal
rows. In the center of each square is a small rectangular area delineated by an incompletely
perforated border. Attached to the metal box is a small punch with a narrow end. In voting, the
voter applies this punch to the area surrounded by the semi- perforation. This portion of the card
( called a “ chad”) is punched free when a vote is recorded and falls into a shallow container on
the bottom of the voting apparatus leaving a small hole in the voting card.
A voting booklet is attached to the voting device directly over the pocket into which the voting
card is slipped. This booklet contains the names of candidates and the options on propositions
and proposed legal changes. Each page of the booklet contains a vertical list of the candidates
for a specific office, or the options for a specific proposition. Aligned to the right of each list is a
vertical row of holes in the booklet’s page. A person votes by using the attached punch to make
a hole in the voting card through the hole in the booklet’s page adjacent to the name of the
candidate of the voter’s choice. The vertical holes in the pages of the booklet cover a specific
vertical row of squares on the voting card. Turning the page in the booklet presents a new list of
candidates for a different office, and a new row of vertical holes. The vertical rows of holes in
the pages of the booklet move across the voting card beneath to present a new area of the card
for each change of page in the booklet. That is, for each different office or proposition being
voted on, a different vertical row of squares on the voting card will be punched. At the end of
voting one has a card with several vertical rows of squares with and without holes punched in
them.
The size of the booklet depends on the number of offices and propositions being voted on and
will vary from district to district. The characteristics of a voting area, its ethnic and national
background and the language characteristics of its people, determine the number of languages in
which the booklet must be printed. In 1984 the California electorate, by a large majority, passed
Proposition 38, mandating the elimination of multilingual ballots. It was the general public’s
opinion, in California, that United States born citizens of voting age should be expected to be
competent in the English language, and that naturalized citizens, in becoming naturalized, would
be required to demonstrate a reasonable competence in the English language. In voting matters,
however, Federal regulations take precedence. If there are 10,000 or more of a particular
language group within a district, instruction booklets must be made available in that particular
29
language. In Los Angeles County in the last election, pre- election instruction booklets were
necessary in seven different languages. The booklet attached to the voting machine was only in
English.
When finished voting, a person withdraws the voting card from the voting device and places it in
a large ballot box, which also holds the ballots from other voters in that polling place. At the end
of the day’s voting these cards are collected from the polling areas and transferred to a central
location. Here they are fed into a tabulator where the numerical vote is determined by a scanner,
which reads the various holes that have been punched in each card.
Under this system, to vote, all a person must be able to do is: ( 1) to read the booklet regarding
candidates and office, or the propositions by name and number, ( 2) to turn the pages and ( 3) to
make a hole in the voting card with the attached punch.
In the last Presidential election many counties in the State of Florida also used a punch- card form
of equipment for voting. After the votes were collected, but while the votes were being counted,
several complaints surfaced. The Florida system used what was called a “ butterfly” ballot. The
line of holes to be punched was not along a single line of choices. Rather, it was between two
vertical lists of candidates, with some misalignment between the candidates’ names and the holes
to be punched in the pages. It was claimed that there was some confusion as to which hole
should be punched for which candidate. This led to complaints that some voters had misread the
ballot and mistakenly voted for the wrong candidate. It was certainly a complaint that could not
be verified, nor corrected, if verified, after the ballots had been gathered together and run
through the counting scanner.
Then there was the “ chad” problem. As more people vote, there is a build- up in the number of
paper chads in the collection box. If this chamber is not periodically emptied, the build- up of the
paper chads will impair the action of the punch. The chad may not be punched completely free,
leaving a “ hanging chad” of varying degrees of separation from the card. As the chamber
eventually fills, it may become impossible for the punch to free the chad at all, leaving only a
“ dimple” in the voting card. If the punch does not leave an adequate hole for the scanner to
identify, the counting machine will not register a vote. In Florida, the counting machines did not
register a vote for some candidates on some of the ballots. Critics claimed that the “ no vote”
ballots were incorrectly registered. It was claimed that by not counting these ballots, voting
authorities had deprived people of their right to vote. The authorities attempted to solve the
problem of missing votes by a hand count of the ballots rejected by the scanner as “ not voting.”
Obviously, the original voter of such a particular ballot could not be identified. The officials
doing the hand count tried to decide if hanging chads and dimples were really uncounted
attempts to vote. There was much debate and effort expended in this hand counting of the
machine- discarded ballots, especially in trying to determine if a ” dimpled” ballot really
represented an unsuccessful attempt by the voter to vote. People doing the counting frequently
30
disagreed on the interpretation of the same ballot. In many cases there was controversy over
whether or not a particular ballot was “ dimpled.”
Consequently, the punch- card system, itself, was criticized.
The problems in Florida were not present in California. In California there was no butterfly
ballot. In the voting booklet there was a single page for each office, one list of candidates per
row of punch holes, one list per page, and no margin for misunderstanding. The names of the
candidates were aligned with the row of holes to be punched. The collection boxes were
regularly emptied. Hence, no chads, hanging or otherwise, interfered with “ punching a hole.”
There was no confusion of “ dimples” as an uncounted but intended vote, as punching regularly
produced a hole, which was counted by the scanning machine. Voting and counting appeared to
be straightforward. Mail in ballots are of the punch- card variety, using a single card with the
various squares in which holes are to be punched. Such cards are counted in the same manner as
the cards collected from the voting booths.
Because of the national furor, the Secretary of the State of California, in 2001, decertified the
punch- card voting equipment, indicating that the equipment was to be replaced as soon as
possible. In February 2002, the Federal government was more specific and ruled that the
equipment must be replaced in time for the 2004 elections.
OBJECTIVE
The objective of the Government Operations Committee was to evaluate the proposed electronic
voting machines and to compare them with the recently used voting devices.
METHODOLOGY
The Committee visited the offices of the Registrar of Voters to examine models of the proposed
electronic voting machines. Voting officials were available to discuss their plans. Management
and engineering personnel presented the equipment and discussed designs of the current first
generation model and proposals concerning future designs to the fourth generation models
currently on the drawing boards. Use of the current model was explained, and the Committee
participated in a hands- on practice of voting using the demonstration model. Details of the
possible variations in its structure, the flexibility in its operation, the possibilities of its
31
malfunctioning, and the chance of its being sabotaged, were studied. Pertinent comparisons
between the old and the new systems were made.
FINDINGS
The first generation electronic model voting machine was both large and heavy. It resembled,
somewhat, a small microwave oven with the voting surface on the top appearing like the front of
a desktop computer. The “ voting booklet” was programmed into the machine as software.
Visible directions were projected on the face of the machine through the programming system.
The print of the projected instructions was sufficiently large to make reading easy. The voter
“ turned pages” by touching the proper area of the surface. One voted by touching the area
indicated for the particular candidate. This touch registered on the face of the machine and also
on an internal counter. Correcting a voting error was performed by touching a “ change” or
“ error” button. The voter could review previous “ pages” and correct votes in a simple way.
When finished and satisfied, the voter so indicated by the proper touch. It was then that the
internal counting was recorded. The machine accumulated the voting done on it, so that the
count on each machine was completed when the voting day was done. At the close of voting it
was possible for each machine’s count to be transmitted by wire to a central area and combined
electronically with the counts from the machines of many other areas. Under most circumstances
the speed of counting was a great improvement over prior voting systems. Very little
“ manpower” was needed in counting. The equipment software could be programmed and
reprogrammed to satisfy the variations in candidates and election questions from one district to
another and from one election to another. Language variations could be handled in a similar
fashion, by an operator’s appropriately programming the software.
It appeared possible that absentee electronic voting might be managed through personal
computers and/ or through the Internet.
On the other hand, voting by simple mail- in ballots was not amenable to this system. Mail- in
voting would require another system, such as the prior used punch- card ballot.
The difference in the cost of the necessary software and its periodic reprogramming, from the
cost of printing and distributing multiple voting card forms, was not determined; but the
Committee estimated that the difference was not a significant factor in the evaluation of the two
systems. The varieties of the pre- election instruction booklet would be the same for the two
systems. The operation of the electronic machine once programmed, versus the handling and
collecting of voting cards during voting, would probably be a plus for the new equipment.
32
Voting for a write- in candidate on the electronic machine was as easy as voting for a write- in
candidate on the punch- card.
The size and weight of the latest model electronic machine were marked disadvantages
compared to similar features of the machine. Polling places have been staffed, in large part, by
elderly retired people. Moving the available electronic machines around, before and after voting
hours, could be a difficult task for such people. While the projection for future models of the
electronic device suggests a thin, lightweight laptop computer- sized instrument, this
development has not yet materialized.
The equipment was used in selected locations in elections in 2000 and 2001. The public reaction
was positive and voter confusion appeared minimal. Programming election and candidate
variations and allowing write- in choices were easily implemented by the equipment software. A
large mass of voting cards, their storage and counting were not necessary. Computerized
counting took place during voting.
The Registrar of Voters was considering increasing the size of the current local voting areas.
There would be fewer but more centrally positioned voting centers in common gathering places
such as shopping malls. It was conjectured that such voting areas with fewer electronic machines
could accommodate larger numbers of voters in shorter times, thus reducing equipment and
manpower costs. Not too much consideration, here, however, has been given to the fact that
such fewer stations would increase the average distance for a voter to travel to vote, and would
provide greater travel problems for the elderly and those without personal means of
transportation. Preferred parking for voters and politically provided transportation were
considered as ways to improve this situation.
The cost of the electronic voting machine, then about $ 5,000 each, was expected to decrease to
about $ 1,000 as its design and engineering improved. With about 5000 voting areas in the Los
Angeles County and an average of 4 devices per polling station, the County would need about
20,000 of the new machines, at a cost of at least $ 20,000,000. These electronic devices would be
expected to have shorter functional lives and higher repair costs than the current equipment.
Proposition 41 on the March 2002, ballot requested voter approval for the State of California to
spend money on these machines. The amount requested included $ 67,000,000, the estimated cost
for the purchase and upkeep of the electronic voting machines needed in just Los Angeles
County. ( Addendum: On March 5, 2002, California voters passed Proposition 41, the Voting
Modernization Act of 2002, by a vote of 2,229,531 to 2,103,265, authorizing a bond issue of
$ 200,000,000.00, to purchase and maintain new voting machines. The cost of the punch- card
machines has long since been amortized. The repair and servicing requirements for the punch-card
equipment are minimal.
33
The Government Operations Committee of the 2001- 2002 Los Angeles County Civil Grand Jury
questioned if enough consideration had been given, by the designers of the electronic voting
machine, to the system’s integrity and security during the voting process and during storage.
There is a potential for sabotage and malicious interference in our society that the Committee felt
should be recognized. Care should be taken to minimize this danger. Electrical problems such as
a local power outage, a surge or a disruption of any kind could affect any electronic equipment
then in use. Prolonged outages could delay voting. Transmission line problems could delay the
transfer of data to centralized areas. An individual in, or near, the voting area, with a small
container holding specialized electronic equipment, might be able to affect the operation of the
voting machines during their use.
The function of the machines might also be disturbed before voting started, while the machines
were in storage. The voting results themselves appeared vulnerable. They could be corrupted
through the electronic processes involved in voting, disrupting the “ ballot” presentation process,
through the storage and counting mechanisms or during the transmission of the voting data to
central areas. Such data loss would be as permanent as the loss of bundles of “ punched cards.”
Absentee ballots voted electronically would be still more difficult to protect. It is probable that
the more anti- social individuals in our society would consider the technology of such machines
as a tempting challenge, to see if the instrument could be functionally upset, if the system could
be made inoperable. Using an Electromagnetic Pulse Device, ( EMP), such people could cause a
near instantaneous and totally disruptive effect on the operations of the voting machines,
particularly on the tapes, the disks, adjacent circuits and other storage systems, if these elements
were not properly shielded and protected. The United States House of Representatives’
American Services Committee report, HASC 106.31, October, 1999, titled EMP Threats to U. S.
Military and Civil Infrastructure describes such threats. In cases of electronic absentee voting,
such interference by malicious people would be even more difficult to prevent.
It was while this study was being finalized, February 2002, that the Federal Government
mandated the elimination of the punch- card system. This Committee feels the mandate may
have been a bit premature. Except for the Florida problem, the punch- card system has been used
successfully for many years. It seems possible, if not probable, that in Florida, the difficulty with
the system was an inappropriate application of the system, rather than the system itself. While
the electronic voting machine offers much promise, it is currently bulky and heavy and still far
too expensive. It’s susceptibility to interference and sabotage needs further testing. While
improved machines are being developed, they should continue to be tested regarding their
acceptance by the public, their accuracy, their cost and their safety from interference. If
advanced models test satisfactorily and continue to compare equal to or better than the punch-card
system, then the latter system could be eliminated.
Everyone concerned should always remember the age- old adage, “ If it ain’t broke, don’t fix it!”
Especially, don’t, if it’s going to cost a lot of money that isn’t available!
34
35
Government Operations Committee
ELECTRONIC VOTING MACHINES
RECOMMENDATIONS
12. The Government Operations Committee recommends that the Board of Supervisors
should urge the Los Angeles County Registrar of Voters to evaluate more extensively
the electronic voting machine, during voting, especially as to its acceptability by the
voting public, the ease with which it is moved and handled, its vulnerability to
functional disruption accidentally or through intentional sabotage, and the accuracy
with which it seems to operate.
13. The Government Operations Committee recommends that the Board of Supervisors
should urge the United States Congressmen representing districts in the County of
Los Angeles to urge the Federal Government to rescind the mandate preventing the
use of punch- card voting techniques, until such time as a suitably constructed and
adequately protected electronic voting machine has been satisfactorily tested.
14. The Government Operations Committee recommends that the Board of Supervisors
should request from the Federal Government sufficient financing to cover the
additional cost that the County of Los Angeles will incur if forced to adopt a new
voting machine system before protection for the system has been provided, especially
if the new machine involved must be adopted before the machine itself has been
completely tested and proven.
15. The Government Operations Committee recommends that the Board of Supervisors
should direct the County Registrar of Voters not to enlarge the area of voting districts
without improving accommodations at and transportation to the new polling places.
36
GOVERNMENT OPERATIONS COMMITEE
Los Angeles County Commissions
BACKGROUND
The Los Angeles County Civil Grand Jury is charged with the oversight responsibility for Los
Angeles County government and of the governing bodies of the cities and special districts
located within Los Angeles County.
Los Angeles County has a number of commissions comprised of individuals ( commissioners)
officially appointed by the Board of Supervisors to perform specific duties with quasi- judicial
quasi- legislative powers.
Much information has been obtained by the Commissions. Ready access to this information
would be of great value and assistance to various committees of the civil Grand Jury. A list of
the Commissions and how they could be reached would provide such an access.
OBJECTIVE
The objective of the Government Operations Committee of the Los Angeles County Civil Grand
Jury 2001- 2002 was to compile a list of the functioning commissions of Los Angeles County,
including their current mailing addresses and telephone numbers. This list would be made
available for the use of all future Civil Grand Juries of Los Angeles County.
FINDINGS
Updates to the list are provided periodically to the Los Angeles County Civil Grand Jury and are
filed in a binder listing the Commissions and Committees. Portions of the information from the
list provided to the Civil Grand Jury were not always available to the Civil Grand Jurors, either
because the information for some reason was never provided, or because it had been removed
and not returned.
The information available from the various commissions can be extremely valuable to the
various committees of the Civil Grand Jury. Currently there is no definitive area for the Los
Angeles County Civil Grand Jury to keep a library of important reference material.
36
Government Operations Committee
LOS ANGELES COUNTY COMMISSIONS REPORT -
RECOMMENDATIONS
16. The Government Operations Committee recommends that the Los Angeles County
Civil Grand Jury should maintain the established library of important Civil Grand
Jury reference documents and reports.
17. The Government Operations Committee recommends that subsequent Los Angeles
County Civil Grand Juries should place in the permanent library file the list of Los
Angeles County Commissions compiled by the Government Operations Committee
of the 2001- 2002 Civil Grand Jury.
18. The Government Operations Committee recommends that subsequent Los Angeles
County Civil Grand Juries should review this list of Los Angeles County
Commissions annually and update it as necessary.
37
LOS ANGELES COUNTY COMMISSIONS
Alphabetical Listing
Aging Los Angeles County Commission on Aging
Agriculture Agricultural Commissioner, Department of Weights and Measures
Alcoholism Commission on Alcoholism
Arts Los Angeles County Arts Commission
Aviation Aviation Commission, Department of Public Works
Beach Los Angeles County Beach Commission
Business License Business License Commission
Cerritos Regional County Park
Cerritos Regional County Park Authority Commission
Children and Families Commission for Children and Families
Children and Families- First- Proposition 10
Los Angeles County Children and Families First- Proposition 10
Commission
Citizens’ Economy and Efficiency
Los Angeles County Citizens’ Economy and Efficiency
Commission
Civil Service Civil Service Commission
Community Development Community Development Commission Board of Commissioners
Disabilities Los Angeles County Commission on Disabilities
Emergency Medical Services Emergency Medical Services Commission
Emergency Preparedness Emergency Preparedness Commission for the County and Cities of
Los Angeles
Employee Relations Employee Relations Commission
Fish and Game Fish and Game Commission
Health Facility Los Angeles County Health Facilities Authority Commission
Highway Safety Los Angeles Highway Safety Commission
Historical Landmarks Los Angeles County Historical Landmarks and Records
Commission
HIV Health Services Commission on HIV Health Services
Hospital and Health Care Delivery
Hospitals and Health Care Delivery Commission
Housing Authority Housing Authority Board of Commissioners
Human Relations Commission on Human Relations
Information Systems Information Systems Commission
Institutional Inspections Sybil Brand Commission for Institutional Inspections
Insurance Los Angeles County Commission on Insurance
Judicial Procedures Commission on Judicial Procedures
Library Library Commission
Local Agency Formation Local Agency Formation Commission
Local Government Service Los Angeles County Commission on Local Government Services
38
Los Angeles Convention and Exhibition Center
Los Angeles County Convention and Exhibition Center Authority
Commission
Los Angeles County Downey Regional Public Recreational Area
Los Angeles County Downey Regional Public Recreation Area
Commission
Los Angeles County Martin Luther King Jr. General Hospital
Los Angeles County Martin Luther King Jr. General Hospital
Authority Commission
Memorial Coliseum Los Angeles Memorial Coliseum Commission
Mental Health Los Angeles County Mental Health Commission
Milk Los Angeles County Milk Commission
Narcotics and Dangerous Drugs
Narcotic and Dangerous Drugs Commission
Native American Indian Los Angeles City/ County Native American Indian Commission
Parks and Recreation Parks and Recreation Commission
Probation Probation Commission
Public Health Public Health Commission
Public Social Services Commission for Public Social Services
Quality and Productivity Quality and Productivity Commission
Real Estate Management Real Estate Management Commission
Regional Planning Regional Planning Commission
Small Business Los Angeles County Small Business Commission
Solid Waste Authority Los Angeles Solid Waste Authority Commission
Sybil Brand Institutional Inspection
Sybil Brand Commission for Institutional Inspection
Veterans Advisory Los Angeles County Veterans Advisory Commission
Women Commission for Women
39
LOS ANGELES COUNTY COMMISSIONS
Contact Information
Agricultural Commission
Department of Weights and Measures
12300 Lower Azusa Road
Arcadia, 91006
626- 575- 5471
626- 575- 5453
Aviation Commission
Department of Public Works
Aviation Division
900 South Fremont Avenue
Alhambra, 91803- 1331
626- 458- 7389
Business License Commission
500 West Temple Street, Room 379
Los Angeles, 90012
213- 974- 7691
Cerritos Regional County Park Authority Commission
500 West Temple Street, Room 383
Los Angeles, 90012
213- 974- 1403
Civil Service Commission
222 North Grand Avenue, Room 522
Los Angeles, 90012
213- 974- 2411
Commission for Children and Families
500 West Temple Street, Room B- 22
Los Angeles, 90012
213- 974- 1558
Commission for Public Social Services
12860 Crossroads Parkway South
City of Industry, 91746
562- 908- 8669
Commission for Women
500 West Temple Street, Room 383
Los Angeles, 90012
213- 974- 1403
40
Commission on Alcoholism
1000 South Fremont Avenue
Alhambra, 91803- 4737
626- 298- 4106
Commission on HIV Health Services
600 South Commonwealth Avenue, 6th Floor
Los Angeles, 90005
213- 351- 8127
Commission on Human Relations
320 West Temple Street, Room 1184
Los Angeles, 90012
213- 974- 7601
Commission on Judicial Proceedings
500 West Temple Street, Room 383
Los Angeles, 90012
213- 974- 1403
Community Development Commission
Board of Commissioners
2 Coral Circle
Monterey Park, 91755- 7425
213- 890- 7001
Consumer Affairs Advisory Commission
500 West Temple Street, Room B- 96
Los Angeles, 90012
213- 974- 9750
Emergency Medical Services Commission
5555 Ferguson Drive, Suite 220
Commerce, 90022
323- 890- 7545
Emergency Preparedness Commission for the County and Cities of Los Angeles
1275 North Eastern Avenue
Los Angeles, 90063
323- 980- 2266
Employee Relations Commission
500 West Temple Street, Room 374
Los Angeles, 90012
213- 974- 2417
41
Fish and Game Commission
500 West Temple Street, Room 383
Los Angeles, 90012
213 974- 1403
Hospitals and Health Care Delivery Commission
313 North Figueroa Street, Room 903
Los Angeles, 90012
213- 240- 7731
Housing Authority Board of Commissioners
2 Coral Circle
Monterey Park, 91755- 7425
213- 890- 7001
Information Systems Commission
500 West Temple Street, Room 383
Los Angeles, 90012
213- 974- 1431
Library Commission
7400 East Imperial Highway, Room 201
Downey, 90241
562- 940- 8400
Local Agency Formation Commission
500 West Temple Street, Room 383
Los Angeles, 90012
213- 974- 1448
Los Angeles City- County Native American Indian Commission
3175 West 6th Street
Los Angeles, 90020
213- 351- 5308
Los Angeles Convention and Exhibition Center Authority Commission
1201 South Figueroa Street
Los Angeles, 90015
213- 741- 1151
Los Angeles County Arts Commission
500 West Temple Street, Room 374
Los Angeles, 90012
213- 974- 1343
42
Los Angeles County Beach Commission
13837 Fiji Way
Marina del Rey, 90292
310- 305- 9546
Los Angeles County Children and Families First-- Proposition 10 Commission
333 South Beaudry, Suite 2100
Los Angeles, 90017
213- 482- 5902
Los Angeles County Citizens’ Economy and Efficiency Commission
500 West Temple Street, Room 163
Los Angeles, 90012
213- 974- 1491
Los Angeles County Commission on Aging
3333 Wilshire Boulevard, Suite 400
Los Angeles, 90010
213- 738- 2947
Los Angeles County Commission on Disabilities
500 West Temple Street, Room 383
Los Angeles, 90012
213- 974- 1403
Los Angeles County Commission on Insurance
500 West Temple Street Room 383
Los Angeles, 90012
213- 974- 1403
Los Angeles County Commission on Local Government Services
500 West Temple Street, Room 383
Los Angeles, 90012
213- 974- 1403
Los Angeles County Health Facilities Authority Commission
500 West Temple Street, Room 383
Los Angles, 90012
213- 974- 1403
Los Angeles County Highway Safety Commission
900 South Fremont Avenue
Alhambra, 91803- 1331
626- 458- 5822
43
Los Angeles County Historical Landmarks and Records Commission
500 West Temple Street, Room 383
Los Angeles, 90012
213- 974- 1431
Los Angeles County Housing Commission
2 Coral Circle
Monterey Park, 91755
323- 850- 7405
Los Angeles County Mental Health Commission
550 South Vermont Avenue, 12th Floor
Los Angeles, 90020
213- 738- 4772
Los Angeles County Milk Commission
2525 Corporate Place, Room 150
Monterey Park, 91754
323- 881- 4006
Los Angeles County Small Business Commission
707 Wilshire Boulevard, Suite 27
Los Angeles, 90017
213- 430- 5340
Los Angeles County Veteran’s Advisory Commission
1816 South Figueroa Street, Suite 100
Los Angeles, 90015
213- 744- 4827
Los Angeles County Downey Regional Public Recreation Area Commission
Post Office Box 7016
Downey, 90241- 7016
562- 904- 7280
Los Angeles County Martin Luther King, Jr., General Hospital Authority Commission
500 West Temple Street, Room 313
Los Angeles, 90012
213- 974- 1403
Los Angeles Memorial Museum Commission
3911 South Figueroa Street
Los Angeles, 90037
213- 765- 6711
44
Los Angeles Solid Waste Authority Commission
900 South Fremont Avenue
Alhambra, 91803
626- 458- 4014
Narcotics and Dangerous Drugs Commission
1000 South Fremont Avenue
Building A- 9 East, 3rd Fl.
Alhambra, 91803- 4737
626- 299- 4105
Parks and Recreation Commission
433 South Vermont Avenue
Los Angeles, 90020
213- 738- 2954
Probation Commission
9150 East Imperial Highway
Downey, 90242
562- 940- 3694
Public Health Commission
241 South Figueroa Street, Room 109
Los Angeles, 90012
213- 240- 8377
Quality and Productivity Commission
Kenneth Hahn Hall of Administration
500 West Temple Street, Room 565
Los Angeles, 90012
213- 974- 1361
Real Estate Management Commission
222 South Hill Street, 3rd Floor
Los Angeles, 90012
213- 974- 4300
Regional Planning Commission
320 West Temple Street, Room 1390
Los Angeles, 90012
213- 974- 6409
Small Craft Harbor Commission
13837 Fiji Way
Marina del Rey, 90292
310- 305- 9522
45
Sybil Brand Commission for Industrial Inspection
500 West Temple Street, Room 372
Los Angeles, 90012
213- 974- 1465
46
LOS ANGELES COUNTY COMMITTEES
Audit
City Selection
Clean Fuel Program
Community Advisory
Countywide Criminal Justice Coordinator
Horizon’s Plan
Independent Citizen’s Oversight
Labor Management Advisory on Productivity Enhancement
Los Angeles County Hazardous Waste Management
Los Angeles County Solid Waste Management
Los Angeles County Street Naming
Policy Steering for South Bay Commuter Bus Service
Proposition E Special Tax
Risk Management Advisory
Savings Plan
Southern California Board of Trustees
Sunshine Canyon Landfill
Supervisory District Boundary Review
Technical Review
Traffic Reduction and Free Flow Inter are not
Treasury Oversight
47
HEALTH & HUMAN SERVICES COMMITTEE
Stroke Centers
BACKGROUND
As our population ages, the incidence of stroke increases. Disability and death due to stroke also
increase and become a larger problem in health care. Various groups of the medical community
have proposed that some hospitals set up stroke centers that would have specific stroke treatment
protocols. They would have equipment and personnel immediately available to diagnose and
treat stroke patients rapidly in a manner that would insure less deaths and less disability.
Successful treatment of stroke has an important time sensitive component. If proper diagnosis is
not made and proper treatment is not instituted within a specific time frame, patients’ outcomes
suffer. Hospitals having proper personnel and equipment, as well as approved medications
immediately available ( the stroke center concept) would increase the likelihood of a better
outcome for the patient.
Stroke centers were discussed in an article in the Journal of the American Medical Association
( JAMA, June 21, 2000— Vol. 283 No. 23). The article established criteria for the institution and
operation of stroke centers. Primary stroke centers would provide emergency care and stabilize
acute stroke patients. Comprehensive stroke centers would provide more specialized care for the
most complex problems.
Various specialists investigated stroke treatment, and their conclusion was that having
specialized stroke centers would definitely improve the care of stroke patients. Interestingly,
many hospitals surveyed felt they had staff and equipment to become primary stroke centers, but
few actually fulfilled the criteria established in the JAMA article.
For example, tissue- type plasminogen activator ( tPA) is considered the best treatment for a
specific type of stroke. Nevertheless, it was found in a survey that only 1.8% of patients in Ohio
and 2- 3% in the nation with that type of stroke were treated with this medication.
OBJECTIVE
The Health and Human Services Committee objective was to promote the establishment of
stroke centers in Los Angeles County.
48
METHODOLOGY
Various experts in the management and care of stroke victims were contacted, and materials
related to stroke centers were reviewed. Specific geographical ( catchment) areas and the politics
of these areas were investigated.
FINDINGS
UCLA has published a study assessing physician attitudes and hospital resources in Southern
California. Although some hospital personnel as well as physicians thought they were able to
care for stroke victims in an acceptable manner, very few met the recommended criteria for
stroke care.
In many studies, mortality and morbidity decreased when stroke center criteria were followed.
Trauma centers provide personnel and equipment that could be used in fulfilling stroke center
criteria. The economic loss suffered by trauma centers could be partially offset by their adding
stroke center services.
Establishment of stroke catchment areas is difficult because hospitals jealously guard their
patient population.
CONCLUSIONS
Hospitals having stroke centers as part of the medical landscape of Southern California would
probably save lives and prevent and lessen disabilities following strokes. The County through its
hospitals would probably save money by decreasing the length of patient’s hospital stays and the
disabilities resulting from their strokes. Establishment of these centers is a daunting task. Work
on this problem has been going on for some time.
49
Health & Human Services Committee
STROKE CENTERS
RECOMMENDATIONS
19. The Health & Human Services Committee recommends that the Department of
Health Services should establish criteria for stroke centers that are compatible with
American Medical Association guidelines.
20. The Health & Human Services Committee recommends that the Department of
Health Services should add stroke centers to current trauma centers to address
financing and to prevent duplication of personnel.
21. The Health & Human Services Committee recommends that the Department of
Health Services should help settle catchment area controversies.
50
HEALTH & HUMAN SERVICES COMMITTEE
Abandonment of Newborns
BACKGROUND
Loss of life of babies abandoned in inappropriate places is a terrible tragedy. Mothers ( and
sometimes fathers) have babies or have custody of babies that they either do not want, or for
whom they are unable to care. They make decisions under great emotional stress that may be
poorly thought out resulting in bad choices that may lead to harm to the baby and harm to the
parent( s).
The great distress of these parents has come to the attention of the California Legislature. In
order to help prevent such tragedies in the future, the legislature has passed SB 1368 ( California
Penal Code 271.5).
California Penal Code 271.5
( a) No parent or other person having lawful custody of a minor child 72
hours old or younger may be prosecuted for a violation of Section 270,
270.5, 271, or 271a if he or she voluntarily surrenders physical custody of
the child to any employee, designated pursuant to this section, on duty at a
public or private hospital emergency room or any additional location
designated by the county board of supervisors by resolution. Each such
hospital or other designated entity shall designate the classes of employees
required to take custody of these children.
( b) This section shall be repealed on January 1, 2006, unless a later
enacted statute extends or deletes that date.
This law allows abandonment of a baby without legal penalty if, within the first 72 hours
following birth of the baby it’s physical custody is voluntarily surrendered to any employee on
duty in any public or private hospital emergency room. This law became effective January 1,
2001. Although the County Board of Supervisors may designate other places ( e. g. fire, police or
sheriff stations) to receive babies being abandoned, to date such places have not yet been so
designated.
OBJECTIVE
The Health and Human Services Committee’s objective was to decrease the loss of life of
abandoned newborn
51
METHODOLOGY
A number of hospitals were queried by mail or by telephone regarding their knowledge and
policy about this new legislation. ( California Penal Code 271.5)
FINDINGS
Recently it was reported that the police were looking for the individual who had abandoned a
baby in a hospital. On the surface, it appeared that this problem was in contradiction to the
stated purpose of the law. Further investigation revealed that there was a complication and that
the spirit as well as the letter of the law was being followed.
The Committee was encouraged that every hospital contacted had knowledge of the law and had
a protocol in place to deal with abandoned babies. However, none of the institutions had had any
practical experience with abandoned babies.
None of the Health and Human Services Committee members of the Los Angeles County Civil
Grand Jury 2001- 2002 had first hand knowledge of this law. It was discovered that the allocated
funds for publicizing this law had not been released.
52
Health & Human Services Committee
ABANDONMENT OF NEWBORNS
RECOMMENDATIONS
22. The Health & Human Services Committee recommends that the Board of Supervisors
should encourage the passage of the enabling legislation to release the allocated funds
to publicize the provisions of SB 1368 ( California Penal Code 271.5).
23. The Health & Human Services Committee recommends that the Board of Supervisors
should solicit as many public service announcements as possible from the local
media, especially those venues that cater to younger people, to inform the public of
this new law.
24. The Health & Human Services Committee recommends that the Board of Supervisors
should encourage hospitals, libraries, police and fire stations and sheriff facilities to
display signs explaining the law.
25. The Health & Human Services Committee recommends that the Board of Supervisors
should encourage the boards of education in Los Angeles County to include
information about the basics of SB 1368 in health curricula.
26. The Health & Human Services Committee recommends that the Board of Supervisors
should designate a specific day or week to publicize the abandoned baby problem.
27. The Health & Human Services Committee recommends that the Board of Supervisors
should designate other appropriate facilities to accept unwanted newborn.
53
HEALTH & HUMAN SERVICES COMMITTEE
Patient Advocates
BACKGROUND
Due to the stress of illness, many communications between doctor and patient and hospital staff
and patient are lost or misinterpreted. Family members also may have difficulty understanding
or interpreting what is said or written due to the stress of illness of a loved one.
Helping patients who alone may be incapable of making decisions, helping families decide on
courses of action, discussing and interpreting forms and insurance mandates, and generally
making the hospital stay more comfortable are some of the benefits of patient advocate and
ombudsman programs.
The use of patient advocates or ombudsman programs in hospitals would be helpful in giving
their patient population a chance to resolve any conflicts that may arise secondary to a hospital
stay.
A conflict of interest could occur if the advocate were an employee of the hospital. If patient
advocates were all volunteers, the economics of the situation might change to the point that
smaller hospitals would be more likely to start a program in their institutions.
OBJECTIVE
The Health and Human Services Committee investigated to what extent hospitals embraced the
concept of ombudsman services or patient advocacy.
METHODOLOGY
Hospitals were randomly selected and were contacted by letter or telephone. Usually the
respondent was someone in hospital administration or nursing administration. Some were
reluctant to discuss any hospital policy over the telephone, while others were immediately
forthcoming with information and details.
FINDINGS
Only 25% of the hospitals questioned had programs for patient advocacy. Some were considered
patient advocates, some were called ombudsman, and some were under the umbrella title
“ member services.”
54
In general, the larger hospitals had these programs and the smaller facilities did not. Some
patient advocates were employed by the hospitals in the administrative office or by nursing
administration. Volunteers staffed other patient advocate positions. There seemed to be no set
pattern in this area of health care.
In the reality of today’s hospital economics, some institutions feel that the cost is justified by the
increased goodwill and conflict resolution potential that these programs offer. The remainder
cannot justify the costs by the benefits received.
55
Health & Human Services Committee
PATIENT ADVOCATES
RECOMMENDATIONS
28. Health & Human Services Committee recommends that the Board of Supervisors
should initiate a study of hospitals with a county contract that have advocacy
programs and those that do not. They should compare patient and financial outcomes
to determine the value of an advocacy program to the patient and to the hospital.
29. The Health & Human Services Committee recommends that the Department of
Health Services should direct their hospitals to start a program of patient advocacy
training for volunteers. Conflicts of interest with the hospital would be less likely to
arise than if a patient advocate were an employee of the hospital.
30. The Health & Human Services Committee recommends that the Department of
Health Services should direct their hospitals to disseminate information on the patient
advocacy programs in their hospitals upon patient admission, with emphasis on just
what services are available to patients and their families. This information should
stress the independent nature of the program as a means of good public and patient
relations.
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HEALTH & HUMAN SERVICES COMMITTEE
Retail Food Inspection
BACKGROUND
It is estimated that 9,000 Americans die each year from food related illness. Millions more
become ill from contaminated or improperly handled food. Los Angeles County administers a
retail food inspection program under the Environmental Health Division of the Department of
Health Services. The goal of this program is to lessen or eliminate such occurrences here.
In the last few years, many restaurants in Los Angeles County have been issued plaques bearing
a rating symbol based on the results of an inspection of their premises. This plaque must be
posted in an area that is clearly visible to patrons and the public. This posting was based on an
ordinance (# 97- 0071) adopted by the Los Angeles County Board of Supervisors on January 16,
1998.
Some cities in the county do not require posting of grades, although the restaurants in these cities
are inspected with the same regularity as those in the conforming cities. ( Not all city councils
have adopted the County Ordinance.) The usual frequency of inspection is three times yearly.
Additionally, public notification signs must be clearly posted. These signs state: “ All public
health questions/ concerns regarding this food establishment should be directed to the local
Environmental Health Office.” The address and phone number is provided.
Each establishment must have a trained Certified Food Handler whose job is to maintain the
standards and practices outlined by the Environmental Health Division of the Department of
Health Services, and to teach the other employees about these standards and practices and how to
conform to them.
Continuing education for food handlers is offered in many languages for ongoing educational
support.
The rating system grades ( A, B, C, or a numerical score if it is below 70, the low point for a C)
are based on an extensive and thorough inspection of the facility. Deductions from 100 are
based on the findings, with specific deductions for specific infractions. Some infractions are
considered so dangerous that businesses with those infractions are closed immediately and
remain closed until the dangerous infraction is remedied and the premises reinspected.
An inspection may be repeated at the owner’s request and expense sooner than the next
scheduled inspection ( for example, if a grade has been lowered and the owner wants to show the
defect has been corrected).
57
When an inspection has been completed, the inspector goes over the comprehensive form with
the responsible party. The inspection form used is specific and detailed. Each violation has a
prescribed point deduction and each deduction is fully explained. The problem is also explained.
OBJECTIVE
The objective of the Health and Human Services Committee was to evaluate the food inspection
system for restaurants.
METHODOLOGY
The Environmental Health Division of the Department of Health Services presented a retail food
service inspection orientation to the Health and Human Services Committee. On subsequent
days, members of the committee accompanied inspectors on their inspections. The inspections
were unannounced, the only exception being a reinspection at the request of an owner. As
observers, the committee members were in the kitchens and storerooms and freezers and
refrigerators right along with the inspectors. These inspections were conducted during normal
business hours.
FINDINGS
The inspectors that were observed were dedicated and hard working. The inspection of
restaurants was a much more physically demanding job than anticipated by the observers.
Looking underneath and behind cabinets, refrigerators, ice dispensers, soda dispensers and any
other structure found in a restaurant was not an easy job. Looking at the inside of the front face
of an ice dispenser required a back- twisting, neck- twisting move. These acrobatic moves and
awkward positions assumed in the course of an inspection must take a toll on the examiners.
Much information was gleaned from these maneuvers— that is, how would one ever know that
mold was growing inside the front face of the ice dispenser if one didn’t look?
The inspectors wanted to see conditions before anyone had any inkling that they were going to
be inspected. In some inspections, the inspector and observers hurried through the parking lot
going directly into the restaurant and immediately into the kitchen. Some owners or operators
might recognize the inspectors and try to modify or hide some unacceptable practices if alerted
to the impending inspection.
The inspections were purposefully geared to be non- confrontational. The gentle, but firm
demeanor of the inspectors took just the right tone so that the experience for the operator was an
educational one rather than a punitive one - even though the restaurant may have gone down in
rating. This aspect of the inspection was particularly impressive to the observers.
58
There was a skillfully detailed form that the inspector filled out during and immediately
following the inspection. It specified what regulations or rules were broken, the deductions for
each of the infractions, and the method and means to fix the problem. Completing the form took
quite some time, sometimes as long as the inspection when there were many violations. Then the
inspector went over the form in detail with the responsible party to point out, discuss, and
suggest modification for each problem. This also was very time consuming, but very educational
for the responsible party - as it was for the observers.
One of the reference manuals used is the “ Retail Food Inspection Guide” published by the
County of Los Angeles Department of Health Services. This manual [ H- 3046 ( 5/ 00)] contains a
copy of the Food Inspection Report. Each part of the inspection has a number that is keyed to an
explanation in the latter half of the manual. It also has a summary of the laws and regulations for
the violations listed in the inspector’s report. ( See attached Food Inspection Report Form.)
Another manual published by the County Department of Health Services is titled “ Food
Handler’s Guide For Retail Food Establishments.” It is meant to be instructional for food
handlers and has a great deal of information regarding the maintenance of good practices in the
retail food industry. It is written in very simple language with many illustrations.
The basic tools of an inspector are an instant read food thermometer, a flashlight, and a metal
case that holds forms and is used as a writing surface during an inspection. These tools are
sometimes awkward to manipulate in the close quarters of a kitchen. Inspections would be easier
and faster if the access to this equipment were simple and efficient.
Getting “ down and dirty” appeared to be a regular routine for the inspectors. It was not unusual
for them to get down on their knees to look under anything they had to inspect that was close to
the floor. Additionally, because many of the kitchens were small, it was not uncommon for the
inspectors to stain their clothes from work surfaces. The inspectors were professionally dressed.
Their cleaning bills must have been excessive if the inspectors that were observed were the
norm.
In general, large national restaurant chains have stringent guidelines they expect their franchisees
to uphold. Therefore, franchisees have serious problems with their parent company if they get
less than an “ A” rating.
In the polyglot area that is Los Angeles, many languages are spoken and many ideas regarding
food preparation are brought to this county from other countries. The proprietors and workers in
ethnic restaurants may have traditions and practices that do not necessarily follow the guidelines
that are required for safe food handling. In Los Angeles County, sometimes the difference in
proper versus improper food handling techniques is very subtle. Explaining the changes
required to conform may be difficult if one does not have the nuances of other cultures and
languages.
A copy of the prior inspection report must be kept at each establishment. It must conform to the
posted grade or scorecard. This report must be available to the public if requested.
59
Health & Human Services Committee
RETAIL FOOD INSPECTION
RECOMMENDATIONS
31. Health & Human Services Committee recommends that the Instructors in the
Environmental Health Division of the Department of Health Services should include
inspector training regarding body mechanics to prevent their having back and joint
problems.
32. The Health & Human Services Committee recommends that the Environmental
Health Division of the Department of Health Services should design and provide a
tool belt to hold the equipment that all inspectors must carry.
33. The Health & Human Services Committee recommends that the Environmental
Health Division of the Department of Health Services should consider a professional
work garment that would preserve the inspectors’ clothes and that could either be
used in conjunction with a tool belt or have pockets and loops that would obviate the
need for a tool belt. The negative impact of this recommendation is that if the
garment were distinctive enough, the restaurant personnel would recognize the
inspector and that would give them some warning if surprise were to be a factor.
34. The Health & Human Services Committee recommends that if the personnel in the
restaurant are not fluent in English, or if language subtleties could present problems,
the Department of Health Services should try to match the inspectors who could
speak the language with the language spoken at the restaurant.
60
JAILS COMMITTEE
Detention Facilities
BACKGROUND
The Los Angeles County jail system is the largest in the United States. The daily inmate
population in the County exceeds 23,000 men and women. In addition, over 4,000 juveniles are
detained daily in camps, juvenile halls and youth detention facilities. By contract with the
Immigration and Naturalization Service ( INS), the Sheriff also houses in excess of 800 INS
prisoners awaiting disposition of their cases. These facilities could potentially hold over 1100
detainees and authorities have indicated possible expansion in the near future.
The Los Angeles County Civil Grand Jury Jails Committee 2001- 2002, is mandated by the
California Penal Code § 919( a) and ( b) to inspect county and municipal police department jails
and lockups, court holding cells, juvenile camps, juvenile detention centers, and other penal
institutions. These inspections include, but are not limited to, housing conditions, availability of
telephones, medical needs, food service with dietary considerations, number of staff and their
training background, policy and procedures manuals, local fire inspection reports, use of safety –
sobering – and detoxification cells, availability of rules and disciplinary penalty manuals,
availability of personal care items, and conditions of the restrooms and showers.
The grand jury may inquire into the case of any person imprisoned in the jails of the county on a
criminal charge but not yet indicted. The grand jury shall inquire into the condition and
management of the public prisons within the County.
Other agencies conduct in- depth inspections of these facilities on an annual or semi- annual basis.
Those agencies include, local and state health departments, local fire departments, the Board of
Corrections, and the Department of Justice. The agencies report their findings directly to the
authorities in charge of said facility, while the Civil Grand Jury conducts “ snapshot” inspections
for reporting directly to the Los Angeles County Board of Supervisors.
Many of the categories listed above have minimum standards. The standards are interpreted by
the California Board of Corrections and are applied to adult and juvenile detention facilities as
set forth in Titles 15 and 24 of the California Penal Code.
OBJECTIVES
The objective of the Civil Grand Jury 2001- 2002 was to carry out the mandate as set forth in the
California Penal Code Titles 15 and 24. The committee’s goal was to inspect each adult and
juvenile detention facility operated in Los Angeles County by local agencies, make
recommendations for improvement, and recognize excellence.
65
METHODOLOGY
A list of detention facilities was obtained from previous grand jury reports. The Jails Committee
revised and updated the list and inspection areas were assigned. The county was divided into
four districts. Each district was assigned one team of two committee members each. A fifth
team performed selected inspections drawn from all districts.
The detention facilities inspection process for the Civil Grand Jury 2001- 2002 Jails Committee
was discussed at committee meetings and implemented after a consensus was obtained.
A field inspection form ( see Attachment A) was devised to collect common data from each of the
facilities. The data fields found on the inspection form were derived from the minimum
standards enumerated in Titles 15 and 24. The data were then compiled in spreadsheet format
for quick reference.
The final report includes spreadsheets with detailed information regarding data gathered during
inspections. Each facility was then rated on the data gathered, anecdotal information, and
personal observations. A scale ranging from excellent, above average, average, to substandard
was used. In some cases, when a facility was assessed to be substandard, a second team
conducted follow- up inspections. Suggestions and recommendations were made to the facility
managers and where a problem was pervasive, the responsible department head was contacted
and exit interviews conducted.
An overall view, in narrative form of excellent and problematic facilities would be noted in the
final report. The Jails Committee felt using this comparative procedure would best raise the
attention level of all concerned, including the 2002– 2003 Civil Grand Jury. Past grand juries’
final reports were compared with current observations, to determine progress made toward long-term
corrective goals.
This section of the report includes information about juvenile camps, juvenile halls, juvenile
facilities for the mentally challenged, probation areas for youth recovery upon release,
Immigration and Naturalization Service facilities, adult detention facilities including both
holding cells and jails, and adult specialty facilities.
FINDINGS
JUVINILE DETENTION FACILITIES
Probation Department
The Los Angeles County Juvenile Probation Department exists for the purpose of assisting the
youth in the at risk population. Programs are offered to aid young people before and after they
become involved in the justice system.
Many dedicated Probation Department employees were found willing and able to assist juveniles
with a myriad of justice system related problems. They were found in the schools, camps, and
other detention facilities.
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Early intervention and prevention are preferable over detention and are the keystones to the
Probation Department’s mandate. They are intended to avert chronic delinquency, substance
abuse and gang violence.
A small sampling of pre- detention programs are as follows:
Supervision – Probation Department supervisors are assigned to identify potential
or real justice system offenders and to assist in keeping the individuals on a lawful
path.
School Based Supervision – Selected middle and senior high schools have
probation officers stationed on campus.
School Based Deputies – Deputies are assigned to campuses where there is a high
concentration of gang activities. These deputies are meant to produce a high
profile law enforcement presence as a deterrent to anti- social behavior.
Gang Units – Deputies work with youth i
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| Rating | |
| Title | Los Angeles County Civil Grand Jury final report |
| Subject | KFC1199.L62; California. Grand Jury (Los Angeles County)--Periodicals.; Los Angeles County (Calif.)--Politics and government--Periodicals. |
| Description | Annual; Description based on: 2004/2005; title from opening screen of PDF.; Harvested from the web on 2/16/07 |
| Creator | California. Grand Jury (Los Angeles County) |
| Publisher | Los Angeles County Civil Grand Jury] |
| Type | Text |
| Identifier | http://grandjury.co.la.ca.us/gjreports.html |
| Language | eng |
| Relation | California. Civil Grand Jury (Los Angeles County). Final report; http://worldcat.org/oclc/144592327/viewonline |
| Title-Alternative | Final report (Online); Civil Grand Jury final report |
| Relation-Requires | Mode of access: World Wide Web.; System requirements: Adobe Acrobat Reader. |
| Transcript | IN MEMORY OF Johnnie Raines Los Angeles County Civil Grand Jury 2001- 2002 Judge Stephen E. O’Neil Supervising Judge “ Let their memory and promise shine within us.” Deborah Cooper TABLE OF CONTENTS INTRODUCTION Memorial to Judge Stephen E. O’Neil and Mr. Johnnie Raines ………………………… i Table of Contents …………………………………………………………………. ii Foreperson’s Statement …………………………………………………………………. iv Introduction to the Civil Grand Jury …………………………………………………………. viii Oath of Office …………………………………………………………………. xi Civil Grand Jury Photograph …………………………………………………………. xii Civil Grand Jury Roster …………………………………………………………………. xiii Vision Statement …………………………………………………………………. xiv Officers and Advisors ………………………………………………………………… xv COMMITTEE REPORTS Audit Committee …………………………………………………………………… 1 Citizen Complaints Committee …………………………………………………………… 3 Attachments …………………………………………………………………… 5 Edit Committee ……………………………………………………………… Grand Jury and Final Report Awareness …………………………………………… 13 Recommendations …………………………………………………………… 16 Education Committee ……………………………………………………… Los Angeles Unified School District: Use of California State Lottery Revenues and Expenditures …………………………………………………………... 17 Recommendations …………………………………………………………… 25 Government Operations Committee ……………………………………… Voting Machines …………………………………………………………… 29 Recommendations …………………………………………………………… 35 Commissions …………………………………………………………… 36 Recommendations …………………………………………………………… 37 ii Health & Human Services Committee ……………………………………… Stroke Centers …………………………………………………………… 48 Recommendations …………………………………………………………… 50 Abandonment of Newborns …………………………………………………………… 51 Recommendations …………………………………………………………… 53 Patient Advocates …………………………………………………………… 54 Recommendations …………………………………………………………… 56 Retail Food Inspections …………………………………………………………… 57 Recommendations …………………………………………………………… 60 Attachments ……………………………………………………….. 61- 64 Jails Committee ……………………………………………… Detention Facilities …………………………………………………………… 65 Juvenile Detention Facilities …………………………………………………… 66 Recommendations …………………………………………………………… 76 Adult Detention Facilities …………………………………………………… 78 Recommendations …………………………………………………………… 85 Attachments …………………………………………………………… 88 Inmate Welfare Fund …………………………………………………………. 116 Recommendations ………………………………………………………….. 119 Biscailuz Recovery Center Domestic Violence Intervention And Recovery Program ………………………………………………………….. 120 Section 1. Program Curriculum and Operations ………………………………. 124 Recommendations ………………………………………………………….. 135 Section 2. Profile of Program Participants ………………………………….. 137 Recommendations ………………………………………………….. 145 Section 3. Program Costs …………………………………………………….. 146 Recommendations ………………………………………………….. 149 Section 4. Program Results ………………………………………………….. 151 Recommendations ………………………………………………….. 162 Attachments ………………………………………………………………….. 163 iii Public Safety Committee …………………………………………………………. Application of Law Enforcement ………………………………………………….. 191 Recommendations ………………………………………………………….. 196 Research & Follow- Up Committee ………………………………………………….. 197 Social Services Committee ……………………………………………… MacLaren Children’s Center ……………………………………………… Introduction ………………………………………………………….. 205 Executive Summary ………………………………………………….. 206 Section 1. Introduction ………………………………………………….. 215 Section 2. Population Profile ………………………………………………….. 220 Recommendations ………………………………………………….. 237 Section 3. Criminal Background Checks at MacLaren ……………………….. 239 Recommendations ………………………………………………….. 246 Section 4. Investigating Allegations of Abuse by Staff ………………….. 248 Recommendations ………………………………………………….. 252 Section 5. Recruitment, Hiring and Item Control ………………………….. 254 Recommendations ………………………………………………….. 257 Section 6. Cost/ Staffing Analysis ………………………………………….. 259 Recommendations ………………………………………………….. 275 Department of Children and Family Services ( DCFS) Introduction ………………………………………………………….. 277 Section 1. Assessing the Quality of Child Abuse And Neglect Investigations ………………………………….. 293 Recommendations ………………………………………………….. 303 Section 2. Documentation of Reasonable Efforts ………………………….. 305 Recommendations ………………………………………………….. 312 Section 3. Use of Assessment Tools and Procedures ………………………... 313 Recommendations …………………………………………………. 322 Section 4. Use of CWS/ CMS System by Social Workers …………….……… 324 Recommendations …………………………………………………. 328 iv Department of Children and Family Services ( DCFS) Committee Investigation ………………………………………………………….. 329 Recommendations ………………………………………………………….. 330 Speakers and Events Committee ………………………………………………………….. 331 RECOMMENDATIONS Recommendations ……………………………………………… Index of all Recommendations ………………………………………………….. 334 Responses to Recommendations ………………………………………………….. 356 v INTRODUCTION Los Angeles County Civil Grand Jury FUNCTIONS OF THE LOS ANGELES COUNTY CIVIL GRAND JURY The California Penal Code allows the superior court to impanel two grand juries, one to return indictments and another to perform the civil functions of accusation and local government oversight. The Civil Grand Jury performs the civil functions. The Los Angeles County Civil Grand Jury is a volunteer body of 23 citizens residing within the county of Los Angeles who are charged and sworn to respond to citizen complaints and to conduct inquiries into matters of civil concern within the boundaries of Los Angeles County and its incorporated cities. RESPONSIBILITIES OF THE LOS ANGELES COUNTY CIVIL GRAND JURY The grand jury’s responsibilities and powers are expressed in Chapter 4 of the California Penal Code ( PC), Sections 3060( ff) of the California Government Code ( GC) and Section 17006 of the California Welfare and Institutions Code ( W& I)). There are four responsibilities specifically required of the grand jury and a wide scope of permitted ones. These required responsibilities all begin with “ the grand jury shall . . .” “ . . . investigate and report on the operations, accounts and records of the officers, departments, or functions of the county including those operations, accounts and records of any special legislative district or other district in the county created pursuant to state law for which the officers of the county are serving in their ex officio capacity as officers of the districts. The investigations may be conducted on some selective basis each year. . . . inquire into the condition and management of the public prisons within the county. . . . inquire into the willful or corrupt misconduct in office of public officers of every description within the county. . . . submit to the presiding judge of the superior court a final report of its findings and recommendations that pertain to county government matters.” AREAS OF ACTION The Civil Grand Jury’s function, therefore, is the civil investigation of government; it is a “ citizen watchdog” panel with an agenda of its own choosing. The jury has a dual role: it is a viii deliberative body drawing conclusions from evidence, and a fact finding body, not requiring other agencies to collect information for it. CONDUCT The Civil Grand Jury functions lawfully only as a body. No individual grand juror, acting alone, has any power or authority. Meetings of the Civil Grand Jury are not open to the public. Law requires all matters discussed before the Civil Grand Jury, and votes taken, to be kept private and confidential. The end result of inquiries into civil matters are released to the public via a final report which is approved, prior to release, by the presiding judge or his designee, the supervising judge of the superior court. The Civil Grand Jury represents the interest of the public, not individuals, not any organizations nor any groups with which jurors may have been associated. It is the duty of the grand jurors to think at all times in terms of public, not personal interest. CONFIDENTIALITY Members of the Civil Grand Jury are sworn to secrecy. All grand jury proceedings are secret. This secrecy guards the public interest and protects the confidentiality of sources. The minutes and records of grand jury meetings cannot be subpoenaed or inspected by anyone. Matters before the grand jury should never be discussed outside the grand jury. The Grand Juror’s promise or oath of secrecy is binding for life ( in perpetuity). By law, it is a misdemeanor to violate the secrecy of the grand jury room. Successful performance of grand jury duties depends upon the secrecy of all proceedings. REQUIREMENTS TO BECOME A GRAND JUROR Civil Grand Juror candidates must meet all of the following qualifications: be a citizen of the United States, be at least 18 years of age, be a resident of the State of California and Los Angeles County for at least one year immediately prior to selection, possess ordinary intelligence, sound judgment, and good character, must not be serving as a trial juror in any California court, cannot have been discharged as a grand juror in any California court within one year of the beginning date of service ( July 1), ix cannot have been convicted of malfeasance in office, any felony or other high crime, and cannot be serving as an elected public official. JUROR SELECTION PROCESS In counties over 4 million ( such as Los Angeles County) the law states that there shall be 23 members of the Civil Grand Jury with 4 alternates. These 23 members are selected by an application, interview and random draw process to serve for a term of one year that begins July 1 and ends June 30. To be considered, applicants must apply by early November. Those names are placed into a selection pool along with appointees made directly by judges. Each judge in the County may recommend two people to the pool of candidates. A panel of judges then interviews candidates, and by March the pool is reduced to qualifying candidates advanced to the next selection process. From this list of qualifying candidates, there is a random draw of 40 plus 10 alternates. A background check is made of the 40 nominees and 10 alternates. In early June, a second random draw of 23 plus 4 alternates is made from the pool of 40. On July 1, the 23 plus 4 are sworn in for service as members and alternates of the Los Angeles County Civil Grand Jury. TIME INVOLVEMENT The Civil Grand Jury convenes Monday through Friday and each jury determines a work schedule to meet the requirements of more than 200 work days. Plenary meetings are convened in chambers. Investigations and site visits are conducted on location. The per diem rate is $ 25.00, and mileage is reimbursed ( currently 31 cents per mile) for travel to and from the Grand Jury Offices and for all grand jury business. Anyone interested in serving on the Los Angeles County Civil Grand Jury and who meets the requirements should request further information from: Los Angeles County Grand Jury Services 320 West Temple Street, 15th Floor Los Angeles, California 90012 213 - 974 - 5814 http:// grandjury. co. la. ca. us “ I don’t know what your destiny will be, but one thing I know: the only ones among you who will be really happy are those who will have sought and found how to serve.” Albert Schweitzer x OATH OF OFFICE ( Penal Code § 911) “ I do solemnly swear ( affirm) that I will support the Constitution of the United States and of the State of California, and all laws made pursuant to and in conformity therewith, will diligently inquire into, and true presentment make, of all public offenses against the people of this state, committed or triable within this county, of which the grand jury shall have or can obtain legal evidence. Further, I will not disclose any evidence brought before the grand jury, nor anything which I or any other grand juror may say, nor the manner in which I or any other grand juror may have voted on any matter before the grand jury. I will keep the charge that will be given to me by the court.” Administered by Judge Stephen E. O’Neil July 2, 2001 xi LOS ANGELES COUNTY CIVIL GRAND JURY 2001- 2002 Front Row ( left to right) – Sam Hollander, Claire Stone, Marjorie H. Rhodes, Shirley ( Taz) Robinson, Rick Mehling, John L. Lewis, Michelle M. Wilson, Margarett Tucker, Tammi Sharp, Shirley A. Jordan, Arthur Aratow. Back Row ( left to right) - Gunter G. Altman, Candelario Arriola, Carole Hatcher, David Cohen, Larry Higgins, James B. Avery, Sr., Richard H. Smith, Jaime Pulido, Yvonne M. White. xii Los Angeles County Civil Grand Jury 2001- 2002 Full Term Gunter G. Altman Arthur Aratow Candelario Arriola James B. Avery, Sr. David Cohen Carole Hatcher Shirley A. Jordan John L. Lewis Rick Mehling Marjorie H. Rhodes Shirley ( Taz) Robinson Richard H. Smith Floyd R. Stauffer Margarett Tucker Yvonne M. White Michelle M. Wilson Partial Term Chalon Coran Lawrence Higgins Sam Hollander Toni Maurer Jaime Pulido Johnnie Raines Tammi Sharp John A. Simmons Claire Stone “ Do not, for one repulse, forego the purpose that you resolved to effect.” Antonio, in Shakespeare’s The Tempest xiii Los Angeles County Civil Grand Jury 2001- 2002 VISION STATEMENT WE, the 2001- 2002 Civil Grand Jury, for the County of Los Angeles, Having been duly sworn to uphold the oath of duty, do further pledge: • To maintain an environment of the highest integrity; • To promote the general improvement of all communities; • To practice a careful consideration when listening and speaking to others; and, • To act as a unified body when the majority rules. SO SAY WE ALL xiv AUDIT COMMITTEE BACKGROUND Under the California Penal Code § 925, 925A, 9331, and 933.5, the Los Angeles Civil Grand Jury 2001- 2002 was empowered to investigate the fiscal and operational performance activities of Los Angeles County government and other local public entities. It also had authority to engage outside consultants/ auditors in order to assist in its investigations. Remuneration for the outside services is provided through funds allotted to the Los Angeles Civil Grand Jury in the form of an annual budget granted by the Los Angeles County Board of Supervisors. OBJECTIVES The Audit Committee of the Los Angeles County Civil Grand Jury was one of four mandated committees under the California Penal Code. To that effect, the Civil Grand Jury 2001- 2002 had the task of identifying outside consultants/ auditors qualified to perform audits or studies selected by the different grand jury committees. Upon selection of a consultant/ audit firm, the committee followed- up on progress of the audits being conducted and secured proper interim reports to that effect, in order to keep the grand jury appraised of the status of the commissioned audits/ studies. The Audit Committee also ascertained that vendor drafts of final reports were supplied to the grand jury in a timely manner and that the members of the concerned committees were present at the exit interview conducted by the auditors, prior to issuance of their final audit/ study report. METHODOLOGY The Audit Committee established an initial crop of 18 firms selected from the county’s auditor list of “ approved suppliers” that might meet the grand jury criteria. An invitation to participate was extended to those firms, and a request for an expression of interest in assisting the grand jury in its potential audits or studies was issued. References for past work performed for previous grand juries or public entities was mandatory. Of the 18 firms contacted, nine responded. The committee reviewed the nine proposals and references and then selected three that showed extensive experience in the field. After further study, the committee concluded that one firm was too small and would have difficulties handling more than one assignment. The two remaining firms were equal in experience but vastly different in pricing. The committee selected the lower priced vendor. A volume discount was negotiated by awarding all audits to the one firm. This allowed the committee to stay within its audit budget. Following the above process, the Audit Committee presented the selected firm credentials to the 2001- 2002 Civil Grand Jury for approval. 1 By unanimous vote the firm was approved and the following audit- studies were contracted. • Department of Children and Family Services – Child Removal Practices • MacLaren Children’s Center – Management Audit • Sheriff’s Department Biscailuz Recovery Center – Domestic Violence Intervention Program • Los Angeles Unified School District – Analysis of California State Lottery Revenues and Expenditures FINDINGS It was found that the earlier a topic of audit/ study was determined by the entire grand jury, the more time the Audit Committee had to secure the services of a contractor to commence the necessary work. Thereafter, the Audit Committee gave top priority to managing the delivery of the audit/ study results in order to coordinate work product in the performance time allocated by each requesting committee. It is essential that all of this took place in accordance with the Edit Committee timetable for publishing of the final report. The Audit Committee of the Los Angeles County Civil Grand Jury 2001- 2002 reviewed the periodic progress reports presented by the auditors. The involved committees took notice of a number of problems encountered by the auditor in obtaining the necessary information and documentation vital to the performance of their audit assignment. One of the problems was the delay caused by the staff or personnel of the different agencies that took endless time either to procure documentation, answer auditor’s questions or set up meetings for exit interviews. From the beginning, the Audit Committee ran into a timing problem. The different committees neglected to select their audit projects early enough to allow for any delays that could occur in the course of the performance of an audit. For example, the 30- day delay in obtaining a court order to pursue the study contracted for the Department of Children and Family Services, or the procedure to be followed to draw up, review and have all concerned parties sign the contract with the audit firm. The delays affected not only the work of the committees that commissioned the audit, but the Edit Committee whose work was of the utmost importance, and faced more than any other committee, a performance and printing deadline critical for the entire grand jury. Above all, the Audit Committee must be comprised of members whose skills include oversight and project management of concurrent projects with delivery dates which are paramount to the completion of the final report of the entire grand jury. The Audit Committee 2 CITIZEN COMPLAINTS COMMITTEE BACKGROUND It is the right of all Los Angeles County citizens to bring to the attention of the Los Angeles County Civil Grand Jury those matters about which they have concern. The Los Angeles County Civil Grand Jury 2001- 2002 received more than 62 complaints or requests for investigation. These communications were from the general population as well as from the incarcerated population. Before the 2000- 2001 term there was one Los Angeles County Grand Jury. In 2000 the Los Angeles County Grand Jury was bifurcated ( legally divided) into a Civil Grand Jury and a Criminal Grand Jury. The Citizen Complaints Committee is one of four mandated committees of the Civil Grand Jury. The other three mandated committees are Audit, Edit and Jails. Before the bifurcation of the Grand Jury, complaints were first received by the legal advisor to review. An acknowledgment was sent to the complainant at that time by the advisor. Complaints were then passed to the jury foreperson with the recommendation of the advisor. After the bifurcation of the Grand Jury, citizen complaints were no longer received by the advisor. They were received directly by the Civil Grand Jury or by the Grand Jury Staff. Complaints must be in writing, either in a letter or on a Citizen Complaint form. This form was studied and revised by the 2001- 2002 Civil Grand Jury, and is available from the Civil Grand Jury or from the Grand Jury Staff. Included with this report, as Attachment ( A) is a copy of the Citizen Complaint form. The response letter from the Civil Grand Jury to the complainant was also revised to clarify further to the complainant what other information might be needed, or to explain the reasons for possible rejection of the complaint. A copy of the revised response letter is included with this report as Attachment ( B). A complete listing of citizen complaints received by the Los Angeles County Civil Grand Jury 2001- 2002 is included as Attachment ( C). OBJECTIVES The Civil Grand Jury Citizen Complaints Committee was formed to review each citizen’s complaint received for evaluation and possible investigation. If appropriate, the committee then referred it to a jury committee for further investigation and resolution. If the citizen complaint was not appropriate for the Civil Grand Jury, the complaint could be forwarded to another county agency having jurisdiction, or no action was taken. 3 METHODOLOGY Upon receipt of a complaint, the committee chairperson directed the jury staff to send an acknowledgement to the complainant. There was no other communication from the Civil Grand Jury to the complainant unless additional information was desired. Further action on the complaint was dependant on a vote by the entire Civil Grand Jury. The Citizen Complaints Committee Chairperson logged in each complaint, reviewed the file, and circulated it among members of the committee for their review. The complaint was discussed in committee and appropriate action was determined. If legal advice was deemed necessary, the committee chairperson asked the grand jury foreperson to request assistance from the county counsel. Before final disposition, the file with the committee’s recommended action was presented to the Civil Grand Jury. The complaint might then be referred to another committee. If found to be of a criminal nature, the complaint would be forwarded to the District Attorney’s Office with concurrence of counsel. If there was no appropriate action to be taken by the Civil Grand Jury, a file was closed. Pursuant to the governing limitations of statutes, there was limited communication between the Civil Grand Jury and the complainant. An acknowledgement letter sent to the complainant recognized only the receipt of the complaint. Communication to the complainant was limited. The communication could not indicate the resolution of the complaint, whether it was determined to be founded or unfounded, or how it was acted upon, except if these matters were discussed in a final report. FINDINGS There were complaints received that were not under the jurisdiction of the Civil Grand Jury, and some were otherwise inappropriate for investigation. Some complaints were from citizens of other countries, states and counties. Six complaints were from outside Los Angeles County and two were under federal jurisdiction. Some were vague and made no actual complaint. In many instances, there were insufficient facts to support the complaint. Other complaints concerned cases that were pending in the courts and could not be reviewed by the Civil Grand Jury. Due to the limited ability to communicate directly, the complainant might have the impression that the complaint was receiving attention through investigation, when in fact that was not the case. The limited response from the Civil Grand Jury gave false hope to the complainant for a successful resolution. This limited ability to communicate directly with the complainant was the source of much frustration for the Civil Grand Jury. A revision of the acknowledgment letter to the complainant was instituted. If the complaint was not appropriate for Civil Grand Jury investigation, the acknowledgement letter so stated, and indicated that no further action would be taken on the matter. The Citizen Complaints Committee 4 ATTACHMENT ( A) Citizen Complaint Form Los Angeles County Civil Grand Jury See Complaint Form Guidelines The Superior Court opposite side for complete instructions Criminal Courts Building All forms must be signed 210 West Temple Street 11th Floor, room 11- 506 Los Angeles, CA 90012 1. Who: Your Name:________________________________________________________ Address:______________________________________________________________________ City__________________________________________ State,__________ Zip Code:_________ Telephone:(________)_____________________________ Extension: ____________________ 2. What: Subject of Complaint. Briefly state the nature of complaint and the action of what Los Angeles County department, section, agency, or official( s) that you believe was illegal or improper. Use additional sheets if necessary. ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ 3. When: Date( s) of incident __________________________________________________ ______________________________________________________________________________ 4. Where: Names and addresses of other departments, agencies or officials involved in this complaint. Include dates and types of contact, i. e. phone, letter, personal. Use additional sheets if necessary. ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ 5. Why/ How Attach pertinent documents and correspondence with dates. ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ 6. Signed ________________________________________ Date: __________________________________ Please see reverse side for additional instructions 10/ 04/ 01 5 Complaint Guidelines Communications from the public can provide valuable information to the Civil Grand Jury. Receipt of all complaints will be acknowledged. If the Civil Grand Jury determines that a matter is within the legally permissible scope of its investigative powers and would warrant further inquiry, additional information may be requested. If a matter does not fall within the Civil Grand Jury’s investigative authority, or the jury determines not to further investigate a complaint, no action will be taken and there will be no further contact from the Civil Grand Jury. The findings of any investigation conducted by the Civil Grand Jury can be communicated only in a formal final report, which is normally published at the conclusion of the Grand Jury’s term of impanelment ( June 30th). The Civil Grand Jury has no jurisdiction or authority to investigate federal agencies, state agencies, or the courts. Only causes of action occurring within the County of Los Angeles are eligible for review. The jurisdiction of the Civil Grand Jury includes the following: • Consideration of evidence of misconduct against public officials within Los Angeles County. • The inquiry into the condition and management of the jails within the county. • Investigation and report on the operations, accounts, and records of the officers, departments or functions of the county including those operations, accounts, and records of any special legislative district or other district in the county created pursuant to state law for which the officers of the county are serving in their ex officio capacity as officers of the districts. • Investigation of the books and records of any incorporated city or joint powers agency located in the county. Revised 10/ 04/ 01 6 ATTACHMENT B SAMPLE LETTER TO COMPLAINANT Date Name Address Dear Your letter to the Civil Grand Jury, dated has been received and is being reviewed. The fact that members of the Grand Jury are reviewing this matter does Not mean that the Grand Jury is conducting an investigation into your complaint. Rather, a review is being done to assist the Grand Jury in deciding what further action, if any, to take. By law, the Grand Jury is precluded from communicating the result of its investigation except in one of its public report. All communications are considered, but may not result in any action or report by the Grand Jury. Please note that the Los Angeles County Civil Grand Jury has no jurisdiction or authority to investigate Federal agencies, State agencies or the courts. Only causes of action occurring within the County Government of Los Angeles are eligible for review. Please review the checked items in the list below for additional comments concerning your specific complaint ____ Request for more specific facts Your complaint contained insufficient facts for the Grand Jury to consider. If you wish the grand Jury to further review your letter, we will need more specific information. ____ Request for additional information In order to further consider your complaint, the Grand Jury requests the following additional information: ____ No jurisdiction ( State or Federal) The Grand Jury does not have jurisdiction over the subject matter of your complaint. ____ Referral to another agency The Grand Jury does not have jurisdiction over the subject matter of your complaint. You may wish to contact _____________________________________________________ 7 ____ Suggestion for legal counsel The matter you describe in your letter dated _________, appears to be an issue which may require you to obtain legal advice which the Grand Jury is not empowered to provide. ____ Matter is before the Courts The matter referred to is pending before court. If you believe that The court has incorrectly resolved the matter, you may consider appealing it to a higher court. Sincerely, Civil Grand Jury Staff 8 ATTACHMENT ( C) CITIZEN COMPLAINTS COMMITTEE The following is a listing of Complaints received by the Los Angeles County Civil Grand Jury 2001- 2002. 01/ 69 Alleged discrimination on Federal Property 01/ 71 Alleged abuse by Los Angeles Health Department personnel 01/ 72 Ongoing feud with Workers Compensation Division 06- 17- 01/ 01 Bond Issue in Los Angeles Community College District 07- 30- 01/ 02 Alleged abuse, waste and fraud within L. A. Unified School District ( LAUSD) 07- 30- 01/ 03 Complaint against Orange County by Orange County Citizen 08- 13- 00/ 04 Complaint against the State of California 08- 15- 01/ 05 Alleged discrimination against and abuse of disable person 08- 15- 0/ 106 Complaint by an inmate of a State Prison against prison personnel 08- 15- 01/ 07 Complainant resides in the Netherlands 08- 23- 01/ 08 Alleged abuse by Department of Children and Family Services 08- 29- 01/ 09 Request for cleanup of Port of Los Angeles 08- 29- 01/ 10 Alleged excessive use of force by Los Angeles Police Department 08- 30- 01/ 11 Request for investigation into death of friend 08- 30- 01/ 02 Prison inmate alleges misconduct by prison personnel 08- 30- 01/ 13 Alleged conspiracy against son by authorities 08- 30- 01/ 14 Discrimination within Torrance Police Department 08- 30- 01- 1/ 5 Inmate alleges misconduct by District Attorney 08- 30- 01- 1/ 6 Alleged abuse by prison personnel 9 09- 06- 01/ 17 Alleged police brutality 09- 06- 01/ 18 Alleged unresponsiveness of Sheriff’s Department 09- 06- 01/ 19 Alleged discrimination by LAUSD 09- 06- 01/ 20 Alleged mistreatment by staff at state mental institution 09- 06- 01/ 21 Alleged discrimination because of “ perceived” ethnicity 09- 19- 01/ 22 Alleged conspiracy between Board of Supervisors and Assessor’s Office 09- 19- 01/ 23 Alleged police brutality 09- 24- 01/ 24 Alleged murder plot 09- 24- 01/ 25 Complaint About Fire Department Personnel Practices 10- 11- 01/ 26 Alleged corruption District Attorney’s Office 10- 16- 01/ 27 Complaint against Metropolitan Transit Authority 10- 16- 01/ 28 Alleged unfair disbarment 10- 16- 01/ 29 Concern expressed over future water needs in Los Angeles County 10- 23- 01/ 30 Investigation requested into eminent domain issue 10- 23- 01/ 31 Alleged corruption in City of South Gate 10- 23- 01/ 32 Alleged abuse fiscal mismanagement in Department of Animal Care Control 10- 26- 01/ 33 Proclamation of innocence by inmate in state prison 10- 26- 01/ 34 Alleged corrupt courts in Lancaster 11- 08- 01/ 35 Alleged assault with a deadly weapon by city employees 11- 13- 01/ 36 Inmate complaint about court appointed attorney 11- 13- 01/ 37 Alleged embezzlement by prison warden 11- 15- 01/ 38 Alleged physical assault on property of a privately owned company 10 11- 15- 01/ 39 Alleged mental abuse by social worker at juvenile camp 11- 27- 01/ 40 Request investigation into Department of Child and Family Services 11- 27- 01/ 41 Alleged abuse at state prison 11- 28- 01/ 42 Alleged denial of Relocation Funds by Alameda Corridor Transportation Authority 12- 20- 01/ 43 Alleged discrimination by City of Los Angeles against city employee 01- 11- 01/ 44 Alleged complaint against California Franchise Tax Board 01- 11- 01/ 45 Proclamation of inmate innocence and desire to withdraw guilty plea 01- 22- 01/ 46 Alleged inappropriate ruling by Probate Court 01- 24- 01/ 47 Complaint Against Drug Enforcement Agency ( DEA) alleged actions 01- 25- 01/ 48 Complaint about LACUSC Medical Center contractor overpayment 07- 07- 02/ 49 Alleged corruption of Los Angeles County Sheriff’s Department and Deputy District Attorney 02- 20- 02/ 50 Alleged fraudulent tax assessment by Los Angeles County Tax Assessor 02- 20-- 2/ 51 Alleged misconduct by Los Angeles County Deputy District Attorney 02- 20- 02/ 52 Alleged lack of prosecution of rapist 02- 20- 02/ 53 Alleged illegal rent increase 02- 21- 02/ 54 Alleged state office imprisonment misconduct 03- 01- 02/ 55 Alleged state prison abuse of authority and poor legal representation 03- 27- 02/ 56 Alleged conspiracy by state and court officials 03- 29- 02/ 57 Alleged falsification of inspection reports by Los Angeles County Fire Department 04- 03- 02/ 58 Alleged criminal misconduct of court judge 04- 09- 02/ 59 Alleged excess work hours in state prison by inmate 04- 23- 02/ 60 Alleged unfair selective enforcement of city codes 11 04- 23- 02/ 61 Alleged collusion between Downey Police Department and District Attorney’s Office 04- 24- 02/ 62 Alleged racial discrimination at state prison 12 EDIT COMMITTEE Grand Jury Awareness and Final Report BACKGROUND Penal Code § 933( a) requires the grand jury to “. . . submit to the presiding judge of the superior court a final report of its findings and recommendations. . . . Final reports on any appropriate subject may be submitted to the presiding judge of the superior court at any time during the term of service of a grand jury . . .” The Edit Committee was responsible for the production of the Los Angeles County Civil Grand Jury 2001- 2002 final report consisting of the findings, conclusions and recommendations of the various studies and investigations conducted by the committees of the Civil Grand Jury. Each committee report draft was reviewed by the Edit Committee for readability and copy editing. After a review process was applied to the various reports they were assembled, compiled and edited into one final report. The Los Angeles County Civil Grand Jury 2001- 2002 was internally divided into eleven committees: Audit Citizen Complaints Edit Education Government Operations Health & Human Services Jails Public Safety Research & Follow- Up Social Services Speakers & Events Four of the committees, Audit, Citizen Complaints, Edit and Jails are standing committees with specific and mandated objectives to address. Other committees change from one Civil Grand Jury to the next, depending upon the work each jury chooses to undertake. Each committee was responsible for determining its topics of concern, conducting studies, gathering pertinent data and/ or supervising the investigations within its field of interest. The entire Los Angeles County Civil Grand Jury must approve any investigations. In some instances, a committee was aided in its investigation by the employment of an outside professional auditing firm. 13 OBJECTIVE The objective of the Los Angeles County Civil Grand Jury 2001- 2002 Edit Committee was to produce and publish any final reports of the Civil Grand Jury. METHODOLOGY Upon completion of investigations, the written reports of the committees were submitted to the Edit Committee for editing and publication. This process included review by the Civil Grand Jury Foreperson and the entire Civil Grand Jury. The County Counsel reviewed the final report for liability and consistency with statutory authority. The presiding judge reviewed the final report for compliance with the law. After review by all parties, the final report was printed and published. The Edit Committee was responsible for selecting a vendor printer, selecting layout, format, stylization, presentation, delivery and project management. The production of the final report was a joint- venture partnership between the various committees, the Edit Committee and the printer. Production was accomplished within a limited amount of time. Before publishing the final report, the Civil Grand Jury provided the affected agencies a copy of the portion of the report relating to that agency, two working days prior to public release. The affected agency was prohibited by Penal Code § 933.05( f) from disclosing “ any of the report prior to the public release of the final report.” The ban was in affect to prevent press leaks during the two- day period when the Los Angeles County Civil Grand Jury cannot publicly comment on the contents of the report. Distribution was made to the Presiding Judge of the Civil Grand Jury, the Los Angeles County Board of Supervisors, Superior Court Judges, the District Attorney, the Public Defender, the Probation Department, the Sheriff, various county departments, Chiefs of Police in cities throughout the county, news media, public libraries, public interest groups, and other interested citizens. Approximately 1700 copies of the final report were distributed. The final report should also be available on the Internet at http:// grandjury. co. la. ca. us. It is hoped that this wide distribution will help to educate and encourage more citizens to apply for grand jury service. The Los Angeles County Civil Grand Jury final reports are an excellent tool for informing the public of its work covering all inquiries and findings, and recommendations and commendations. Continuing efforts need to be made to distribute the final report to as many public interest groups, organizations, and other public venues as possible. This will help to educate and inform the citizens of Los Angeles County about the duties of the Civil Grand Jury. Other volunteers may also be encouraged to make application to serve on the Civil Grand Jury. 14 FINDINGS All reports issued by the Los Angeles County Civil Grand Jury are final reports. Once issued, they must not be changed. The law does not permit minority reports, and a report cannot contain minority opinions. The Civil Grand Jury speaks with one voice, through the report of its findings and recommendations that pertain to county government matters during the fiscal or calendar year of its term. A final report is the only document through which the grand jury may communicate to the public. It has been an honor to serve the citizens of Los Angeles County, and to be a partner in the work and production of this final report. The Edit Committee 15 Edit Committee GRAND JURY AWARENESS AND FINAL REPORT RECOMMENDATIONS 1. The Edit Committee recommends that the Board of Supervisors continue and expand its “ Grand Jury Awareness” campaign in an effort to help recruit volunteers for service on the Los Angeles County Civil Grand Jury. 2. The Edit Committee recommends that the Board of Supervisors make available to the citizens of each of their districts, through their field offices, application forms for service on the Los Angeles County Civil Grand Jury. 3. The Edit Committee recommends that the Board of Supervisors work with the Superior Court and its Jury Services staff to continue the distribution of the Los Angeles County Civil Grand Jury 2001- 2002 final report, and each subsequent Civil Grand Jury final report, to the webmaster of the internet grand jury site, to post for public review via the internet. 4. The Edit Committee recommends the Board of Supervisors work with the Superior Court and its Jury Services staff to provide copies of the Los Angeles County Civil Grand Jury 2001- 2002 final report, and each subsequent Civil Grand Jury final report to all Los Angeles County Superior Court juror assembly rooms to help educate the public and recruit other interested volunteers. 5. The Edit Committee recommends that the Board of Supervisors work with the Superior Court to continue and improve its educational outreach program, utilizing as many forms of media broadcasting as possible, in an attempt to recruit Civil Grand Jurors from the rich and diverse racial/ ethnic population that encompasses the County of Los Angeles. 16 EDUCATION COMMITTEE LOTTERY MONEY FUNDS REVENUES AND EXPENDITURES AUDIT BACKGROUND The Education Committee of the Los Angeles County Civil Grand Jury 2001- 2002 contracted with an independent auditor to review the Los Angeles Unified School District ( LAUSD) with regard to its expenditure of restricted state lottery monies. On November 6, 1984, 58% of California voters approved Proposition 37 entitled “ The California State Lottery Act” ( CSLA). The act provides that at least 34% of the Lottery Revenues must go to public education. This supplemental funding provides additional resources to meet their locally determined needs. OBJECTIVE The Lottery’s mandate in the California State Lottery Act ( SCLA) is to provide supplemental funding to California Public Education on all levels from kindergarten through the universities of California, plus several specialized schools. According to the Lottery Act, lottery contributions can be used only for instructional purposes and it bans use for the acquisition of property, the construction of facilities, or the funding of research. Approximately 80- 90% of the California lottery funds are to be used to attract and retain teachers. The Education Committee of the Los Angeles County Civil Grand Jury 2001- 2002 determined to review revenues and expenditures of the LAUSD. The following report represents the findings and recommendations based on information gathered from this limited scope management audit. 17 EDUCATION COMMITTEE BACKGROUND AND OBJECTIVES The California State Lottery Act of 1984 was enacted to supplement the total amount of money allocated for public education in California. Government Code Section 8880.4 provides for the allocation of Lottery revenues and requires that at least 34 percent of the total annual revenues of the State Lottery be allocated to the benefit of public education. Government Code Section 8880.5 restricts the use of these funds exclusively for the education of pupils and students and prohibits the expenditure of funds for the acquisition of real property, construction of facilities, financing or research, or any other non- instructional purpose. Since its enactment, the Los Angeles Unified School District ( LAUSD) has received approximately $ 1.3 billion to supplement existing educational funding sources available to the District. In March 2000, Proposition 20 known as the “ Cardenas Textbook Act of 2000” was approved by the voters. This proposition amended Section 8880.4 of the Government Code effective July 1, 1998 by placing further restrictions on the use of lottery monies and allocating future increases in lottery proceeds as follows. Beginning in fiscal year 1998- 99 and each fiscal year thereafter, 50 percent of any growth in lottery funds allocated for educational purposes over the 1997- 98 base fiscal year shall be allocated to school districts for the purchase of instructional materials on the basis of an equal amount per unit of average daily attendance. Government Code Section 8880.5 ( l) requires as a condition of receiving such monies, each district and county superintendent of schools shall establish a separate account for the receipt and expenditure of the monies and such account shall be identified as a lottery education account. In order to determine if the Los Angeles Unified School District ( LAUSD) has complied with the expenditure and accounting restrictions placed on State Lottery educational funds, the Grand Jury authorized a limited scope management audit. The audit focused on State Lottery receipts and expenditures for FY 1998- 99, FY 1999- 00, and FY 2000- 01. In addition, the audit compared actual receipts and reported expenditures to determine the unexpended balance of restricted lottery monies as of June 30, 2001. METHODOLOGY The audit of LAUSD compliance with State Government Code restrictions on the expenditure of and accounting for State lottery monies included the following audit procedures. • An entrance conference was held with LAUSD officials on January 16, 2002 to explain the purpose, objective, scope and procedures of the management audit process. • Interviews were conducted with the District Controller, Budget Officer, Chief Accountant and other District staff responsible for the accounting and budgeting of State lottery monies. 18 • District financial, accounting, and budget reports, as well as audited financial statements for the last three fiscal years were obtained and analyzed. To determine the correct fund balance as of June 30, 2001, reports to the State Department of Education for FY 1985- 86 through FY 2000- 01 were obtained and analyzed. • A special electronic data processing report was prepared by District staff listing each detailed transaction charged against restricted lottery monies available for instructional materials only. This report identified $ 18.4 million of expenditures reported to the State of California Department of Education for FY 2000- 01. This report was analyzed to determine if the purpose of the detailed transactions complied with the restricted uses permitted by State law. In addition, a systematic random sample of 100 transactions was selected to determine if the reported classification of expenditures on the electronic report was consistent with the purpose shown on the actual invoices and other documentation. FINDINGS Analysis of Lottery Revenues The LAUSD received a total of $ 1,303,052,279 in lottery monies since the enactment of the 1984 California State Lottery Act. This amount includes $ 1,284,584,904 of public education monies and $ 18,467,375 of instructional materials monies. The LAUSD deposits lottery revenues in its General Fund. No separate accounting for expenditures is done for the lottery public education monies since these revenues are commingled with all other General Fund revenues. However, lottery monies that are restricted for instructional materials purchases only are accounted for separately through the use of an accounting system program code designated as “ Program 4153 Lottery Instructional Materials.” These lottery revenues are shown below by fiscal year. Table 1 LAUSD California State Lottery Revenue by Fiscal Year Public Instructional Education Materials Fiscal Year Revenue Revenue 1985- 86 $ 73,274,879 1986- 87 60,644,902 1987- 88 83,412,011 1988- 89 118,950,974 1989- 90 96,859,361 1990- 91 78,402,821 1991- 92 55,158,009 1992- 93 60,584,287 1993- 94 65,752,018 19 1994- 95 79,406,706 1995- 96 84,375,503 1996- 97 75,482,331 1997- 98 84,218,994 1998- 99 88,987,003 1999- 00 89,397,948 $ 4,503,504 2000- 01 89,677,157 13,963,871 Total $ 1,284,584,904 $ 18,467,375 Analysis of Lottery Expenditures Based on an analysis of J- 200L annual reports filed with the State Department of Education, the LAUSD had a reported fund balance of unexpended public education lottery monies amounting to $ 66,514 as of June 30, 2001. The unexpended fund balance of instructional materials lottery monies amounted to $ 67,173 as of June 30, 2001. These reported balances are shown in the following table. Table 2 LAUSD California State Lottery Expenditures by Fiscal Year Public June 30 Instructional June 30 Education Unexpended Materials Unexpended Fiscal Year Expenditures Balance Expenditures Balance 1985- 86 $ 0 $ 73,274,879 1986- 87 116,007,995 17,911,786 1987- 88 61,524,635 39,799,162 1988- 89 139,060,103 19,690,033 1989- 90 115,878,925 670,469 1990- 91 79,073,290 0 1991- 92 55,158,009 0 1992- 93 57,184,287 3,400,000 1993- 94 69,152,018 0 1994- 95 69,459,359 9,947,347 1995- 96 79,413,533 14,909,317 1996- 97 80,968,041 9,423,607 1997- 98 80,873,106 12,769,495 1998- 99 101,756,497 1 1999- 00 89,397,948 1 0 4,503,504 2000- 01 89,745,441 66,514 18,400,562 67,173 Total $ 1,284,585,203 $ 18,400,562 LAUSD accounting records also show that the expenditure of lottery monies restricted for instructional materials based on average daily attendance in each of the 11 local districts ranged from a low of $ 23.63 to $ 28.22 per student as shown in Table 3. It should be noted that these 20 expenditures reflect approximately one and one- half years of funding of instructional materials monies for the 11 local districts and only one year of funding for the financially independent charter schools. Exhibit 1 describes the geographic location of each local district and reports enrollment by grade level for FY 2000- 01. Table 3 Analysis of FY 2000- 01 Lottery Expenditures for Instructional Materials By Local District Instructional Average Average Local Materials Daily Expenditure District Expenditures Attendance Per Student C $ 1,901,204 67,381 $ 28.22 J 1,743,671 64,309 27.11 A 1,893,495 70,691 26.79 K 1,785,561 66,888 26.69 D 1,472,891 57,238 25.73 G 1,515,022 59,205 25.59 H 1,717,491 69,351 24.77 I 1,309,221 53,509 24.47 F 1,486,370 61,514 24.16 B 1,872,683 77,614 24.13 E 1,611,567 68,196 23.63 Charter Schools 67,984 4,676 14.54 Although Table 3 shows that the average amount of lottery instructional materials funds expended per student varied by as much as 19 percent between local districts, more importantly, LAUSD accounting records show that the District significantly increased total expenditures for instructional materials during the most recent three fiscal years. In FY 1999- 00, total expenditures for instructional materials increased by $ 41 million from $ 68.1 million to $ 109.1 million over the prior fiscal year. In FY 2000- 01, total expenditures for instructional materials again increased by $ 58.7 million from $ 109.1 million to $ 167.8 million over FY1999- 00. For the three- year period, total expenditures for instructional materials increased by 146 percent. Expenditures per student by the fiscally independent charter schools of lottery monies restricted for instructional materials amounted to only $ 14.54 per student. This rate of expenditure is not comparable to the rates shown in Table 3 for the 11 local districts, since it is based on only one year of funding versus approximately one and one- half years of funding for the 11 local district schools. However, analysis of J- 200L annual reports filed with the State Department of Education, also determined that certain expenditures made from public education monies and from instructional materials monies did not comply with the restrictive uses of such monies as required by Government Code Section 8880.4. Exhibit 2 is a copy of the FY 2000- 01 annual report to the 21 State, which clearly identifies prohibited expenditures for capital outlay purposes. These prohibited expenditures are shown as italicized figures in Table 4. Table 4 Detail of LAUSD California State Lottery Expenditures as a result of Object Code Personnel Services & Other Fiscal Year Mat & Sup Other Oper Capital Outgo 1985- 86 $ 0 $ 0 $ 0 $ 0 1986- 87 92,538,705 853,929 960,604 12,030,000 1987- 88 57,461,349 500151 0 0 1988- 89 135,021,073 795,595 0 0 1989- 90 112,817,258 809,666 0 0 1990- 91 78,863,672 62,633 0 0 1991- 92 54,959,975 187,736 0 0 1992- 93 57,150,462 33,825 0 0 1993- 94 69,112,501 38,167 0 0 1994- 95 69,389,072 68,498 0 0 1995- 96 79,317,326 79,576 0 0 1996- 97 80,822,520 130,828 0 0 1997- 98 80,787,750 50,859 0 0 1998- 99 101,659,801 88,032 0 0 1999- 00 89,382,043 6,044 0 0 2000- 01 85,851,448* 2,383,980 1,510,013 0 Total $ 1,284,585,203 $ 6,089,519 $ 2,470,617 $ 12,030,000 * $ 10,437,729 of this amount was expended for various supplies and services from the restricted instructional materials monies. Table 4 identifies expenditures in FY 1986- 87 and FY 2000- 01 that were not permitted from the two restricted lottery funding sources. Unallowable expenditures from lottery public education monies during FY 1986- 87 and FY 2000- 01 totaled $ 27,321,832. Unallowable expenditures of restricted lottery instructional materials monies accounted for $ 14,331,228 of the $ 18,400,375 expended in FY 2000- 01, the first fiscal year in which these new restricted lottery monies were available for expenditure. It should be noted that charter schools accounted for $ 67,984 of the $ 18,400,375 expended from restricted lottery instructional materials. However, because charter schools are responsible for and conduct all of their own accounting functions, including accounting for restricted lottery monies, the LAUSD does not monitor or audit lottery expenditures reported by the charter schools to the LAUSD for inclusion in its annual report to 22 the State. As a result, LAUSD has no way of determining if the charter schools, which obtain lottery monies through the sponsorship of LAUSD, are expending such funds in compliance with State law. Accordingly, LAUSD should develop procedures to obtain adequate supporting documentation from charter schools to verify the appropriateness of charter school restricted expenditures as a sponsor responsibility. In order to improve the budgetary presentation and to ensure future compliance regarding the expenditure of restricted lottery monies, several budget and accounting procedural changes are recommended to simplify and clarify the day- to- day processes pertaining to these funds. Proposed Revision of Procedures for the Budgeting and Accounting for Restricted Lottery Monies The LAUSD budget process does not currently include any specific procedures relative to the budgeting of restricted lottery monies, either at the local district level or on a District- wide basis. Although governed by State law requiring a specific budget hearing and board resolution, limited as to the permissible uses of such funds and encumbered by special accounting and reporting requirements, LAUSD has not developed any written procedures to ensure compliance with these mandates. Clearly, such procedures would be useful to facilitate the consistent and thorough budget process intended by the Legislature to ensure adequate budgeting of monies for textbooks and instructional materials. The current LAUSD budget process also does not separately account for the restricted lottery monies. Both the public education funds and the instructional materials funds are included as General Fund revenues and are not separately identified by object of expense or local district within the LAUSD annual budget. Although the accounting system includes separate program categories for each of these restricted revenue sources, any object of expense such as salaries, benefits, equipment, capital improvements and others can be charged to any program category. As a result, actual accounting practices have not consistently followed the intended restrictions envisioned by the assigned program categories for lottery monies. To minimize the possibility of coding inappropriate charges to these restricted funding sources in the future, separate funds should be established for each of the restricted lottery revenues and monies expended in prior years for non- compliant purposes should be deposited in these funds from the General Fund unreserved and undesignated fund balance. In addition, the annual LAUSD budget should appropriately reflect the use of these restricted funds in the local district budgets for purposes consistent with the permitted uses. The clear designation of restricted instructional materials funds in the budget would be consistent with the requirement of Education Code Section 60119, which requires each district receiving such monies to conduct a public hearing as to the adequacy of funding for textbooks and other instructional materials and for the local board of education to adopt a resolution certifying such adequacy. 23 Proposed Amendment of Education Code Section 8880.4 Given the compliance issues experienced by LAUSD in properly executing and accounting for expenditures of restricted lottery monies, and considering the clear intent of the Legislature to mandate a set of requirements designed to ensure supplemental funding for instructional materials pursuant to the to “ Cardenas Textbook Act of 2000,” additional amendments to Education Code Section 8880.4 would be appropriate. Because Education Code Section 8880.4 currently does not require the establishment of a separate fund to account for revenues and expenditures of restricted lottery monies and does not include a maintenance of effort requirement to ensure enhanced levels of on- going funding for instructional materials, such provisions are needed to carry- out the legislative intent of the Cardenas Textbook Act of 2000. Therefore, the Los Angeles County Board of Supervisors should seek to have the Legislature amend Government Code Section 8880.4 to require local educational agencies to establish special funds for the receipt and expenditure of lottery educational and instructional material monies to ensure the use of such funds in accordance with the intent of State law. Further, a maintenance of effort requirement based on FY 1997- 98 expenditure levels per ADA ( average daily attendance) should be established and annually adjusted in accordance with annual changes in the consumer price index, to ensure local educational agencies do not supplant existing funding sources with lottery funding intended for instructional materials only. 24 Education Committee LAUSD EXPENDITURE OF RESTRICTED STATE LOTTERY MONIES RECOMMENDATIONS/ SOLUTIONS The Education Committee recommends that the LAUSD: 6. Establish separate funds for the receipt and expenditure of Lottery Monies in order to ensure that such funds are expended in accordance with the restricted purposes specified by State law. 7. Develop written procedures to specify appropriate budgeting, expenditure, and public hearing processes as described in Government Code Section 8880.4 and Education Code Section 60119. 8. Transfer approximately $ 14.3 million of General Fund monies to the Lottery Instructional Materials Special Fund to account for prior year expenditures not in compliance with Government Code Section 8880.4 restrictions. 9. Transfer approximately $ 13.0 million of General Fund monies to the Lottery Educational Special Fund to account for prior year expenditures not in compliance with Government Code Section 8880.4 restrictions. 10. Establish procedures to monitor the expenditure of lottery monies allocated to charter schools to ensure that such expenditures are in accordance with the restrictions of State law. The Education Committee recommends that the Los Angeles County Board of Supervisors should urge the State Legislature to: 11. Amend Government Code Section 8880.4 to require local educational agencies to establish special funds for the receipt and expenditure of lottery educational and instructional material monies to ensure the use of such funds in accordance with the intent of State law. Further, a maintenance of effort requirement based on FY 1997- 98 expenditure levels per ADA ( average daily attendance) should be established and annually adjusted in accordance with annual changes in the consumer price index, to ensure local educational agencies do not supplant existing funding sources. 25 GOVERNMENT OPERATIONS COMMITTEE Electronic Voting Machines BACKGROUND Many areas in the United States conduct their voting activities by using a punch- card ballot system. In the County of Los Angeles, the voting apparatus has consisted of a flat metallic box-like structure with a narrow slit along one end into which a cardboard voting slip is inserted. The card is printed with a rectangular area on one side filled with squares, in vertical and horizontal rows. In the center of each square is a small rectangular area delineated by an incompletely perforated border. Attached to the metal box is a small punch with a narrow end. In voting, the voter applies this punch to the area surrounded by the semi- perforation. This portion of the card ( called a “ chad”) is punched free when a vote is recorded and falls into a shallow container on the bottom of the voting apparatus leaving a small hole in the voting card. A voting booklet is attached to the voting device directly over the pocket into which the voting card is slipped. This booklet contains the names of candidates and the options on propositions and proposed legal changes. Each page of the booklet contains a vertical list of the candidates for a specific office, or the options for a specific proposition. Aligned to the right of each list is a vertical row of holes in the booklet’s page. A person votes by using the attached punch to make a hole in the voting card through the hole in the booklet’s page adjacent to the name of the candidate of the voter’s choice. The vertical holes in the pages of the booklet cover a specific vertical row of squares on the voting card. Turning the page in the booklet presents a new list of candidates for a different office, and a new row of vertical holes. The vertical rows of holes in the pages of the booklet move across the voting card beneath to present a new area of the card for each change of page in the booklet. That is, for each different office or proposition being voted on, a different vertical row of squares on the voting card will be punched. At the end of voting one has a card with several vertical rows of squares with and without holes punched in them. The size of the booklet depends on the number of offices and propositions being voted on and will vary from district to district. The characteristics of a voting area, its ethnic and national background and the language characteristics of its people, determine the number of languages in which the booklet must be printed. In 1984 the California electorate, by a large majority, passed Proposition 38, mandating the elimination of multilingual ballots. It was the general public’s opinion, in California, that United States born citizens of voting age should be expected to be competent in the English language, and that naturalized citizens, in becoming naturalized, would be required to demonstrate a reasonable competence in the English language. In voting matters, however, Federal regulations take precedence. If there are 10,000 or more of a particular language group within a district, instruction booklets must be made available in that particular 29 language. In Los Angeles County in the last election, pre- election instruction booklets were necessary in seven different languages. The booklet attached to the voting machine was only in English. When finished voting, a person withdraws the voting card from the voting device and places it in a large ballot box, which also holds the ballots from other voters in that polling place. At the end of the day’s voting these cards are collected from the polling areas and transferred to a central location. Here they are fed into a tabulator where the numerical vote is determined by a scanner, which reads the various holes that have been punched in each card. Under this system, to vote, all a person must be able to do is: ( 1) to read the booklet regarding candidates and office, or the propositions by name and number, ( 2) to turn the pages and ( 3) to make a hole in the voting card with the attached punch. In the last Presidential election many counties in the State of Florida also used a punch- card form of equipment for voting. After the votes were collected, but while the votes were being counted, several complaints surfaced. The Florida system used what was called a “ butterfly” ballot. The line of holes to be punched was not along a single line of choices. Rather, it was between two vertical lists of candidates, with some misalignment between the candidates’ names and the holes to be punched in the pages. It was claimed that there was some confusion as to which hole should be punched for which candidate. This led to complaints that some voters had misread the ballot and mistakenly voted for the wrong candidate. It was certainly a complaint that could not be verified, nor corrected, if verified, after the ballots had been gathered together and run through the counting scanner. Then there was the “ chad” problem. As more people vote, there is a build- up in the number of paper chads in the collection box. If this chamber is not periodically emptied, the build- up of the paper chads will impair the action of the punch. The chad may not be punched completely free, leaving a “ hanging chad” of varying degrees of separation from the card. As the chamber eventually fills, it may become impossible for the punch to free the chad at all, leaving only a “ dimple” in the voting card. If the punch does not leave an adequate hole for the scanner to identify, the counting machine will not register a vote. In Florida, the counting machines did not register a vote for some candidates on some of the ballots. Critics claimed that the “ no vote” ballots were incorrectly registered. It was claimed that by not counting these ballots, voting authorities had deprived people of their right to vote. The authorities attempted to solve the problem of missing votes by a hand count of the ballots rejected by the scanner as “ not voting.” Obviously, the original voter of such a particular ballot could not be identified. The officials doing the hand count tried to decide if hanging chads and dimples were really uncounted attempts to vote. There was much debate and effort expended in this hand counting of the machine- discarded ballots, especially in trying to determine if a ” dimpled” ballot really represented an unsuccessful attempt by the voter to vote. People doing the counting frequently 30 disagreed on the interpretation of the same ballot. In many cases there was controversy over whether or not a particular ballot was “ dimpled.” Consequently, the punch- card system, itself, was criticized. The problems in Florida were not present in California. In California there was no butterfly ballot. In the voting booklet there was a single page for each office, one list of candidates per row of punch holes, one list per page, and no margin for misunderstanding. The names of the candidates were aligned with the row of holes to be punched. The collection boxes were regularly emptied. Hence, no chads, hanging or otherwise, interfered with “ punching a hole.” There was no confusion of “ dimples” as an uncounted but intended vote, as punching regularly produced a hole, which was counted by the scanning machine. Voting and counting appeared to be straightforward. Mail in ballots are of the punch- card variety, using a single card with the various squares in which holes are to be punched. Such cards are counted in the same manner as the cards collected from the voting booths. Because of the national furor, the Secretary of the State of California, in 2001, decertified the punch- card voting equipment, indicating that the equipment was to be replaced as soon as possible. In February 2002, the Federal government was more specific and ruled that the equipment must be replaced in time for the 2004 elections. OBJECTIVE The objective of the Government Operations Committee was to evaluate the proposed electronic voting machines and to compare them with the recently used voting devices. METHODOLOGY The Committee visited the offices of the Registrar of Voters to examine models of the proposed electronic voting machines. Voting officials were available to discuss their plans. Management and engineering personnel presented the equipment and discussed designs of the current first generation model and proposals concerning future designs to the fourth generation models currently on the drawing boards. Use of the current model was explained, and the Committee participated in a hands- on practice of voting using the demonstration model. Details of the possible variations in its structure, the flexibility in its operation, the possibilities of its 31 malfunctioning, and the chance of its being sabotaged, were studied. Pertinent comparisons between the old and the new systems were made. FINDINGS The first generation electronic model voting machine was both large and heavy. It resembled, somewhat, a small microwave oven with the voting surface on the top appearing like the front of a desktop computer. The “ voting booklet” was programmed into the machine as software. Visible directions were projected on the face of the machine through the programming system. The print of the projected instructions was sufficiently large to make reading easy. The voter “ turned pages” by touching the proper area of the surface. One voted by touching the area indicated for the particular candidate. This touch registered on the face of the machine and also on an internal counter. Correcting a voting error was performed by touching a “ change” or “ error” button. The voter could review previous “ pages” and correct votes in a simple way. When finished and satisfied, the voter so indicated by the proper touch. It was then that the internal counting was recorded. The machine accumulated the voting done on it, so that the count on each machine was completed when the voting day was done. At the close of voting it was possible for each machine’s count to be transmitted by wire to a central area and combined electronically with the counts from the machines of many other areas. Under most circumstances the speed of counting was a great improvement over prior voting systems. Very little “ manpower” was needed in counting. The equipment software could be programmed and reprogrammed to satisfy the variations in candidates and election questions from one district to another and from one election to another. Language variations could be handled in a similar fashion, by an operator’s appropriately programming the software. It appeared possible that absentee electronic voting might be managed through personal computers and/ or through the Internet. On the other hand, voting by simple mail- in ballots was not amenable to this system. Mail- in voting would require another system, such as the prior used punch- card ballot. The difference in the cost of the necessary software and its periodic reprogramming, from the cost of printing and distributing multiple voting card forms, was not determined; but the Committee estimated that the difference was not a significant factor in the evaluation of the two systems. The varieties of the pre- election instruction booklet would be the same for the two systems. The operation of the electronic machine once programmed, versus the handling and collecting of voting cards during voting, would probably be a plus for the new equipment. 32 Voting for a write- in candidate on the electronic machine was as easy as voting for a write- in candidate on the punch- card. The size and weight of the latest model electronic machine were marked disadvantages compared to similar features of the machine. Polling places have been staffed, in large part, by elderly retired people. Moving the available electronic machines around, before and after voting hours, could be a difficult task for such people. While the projection for future models of the electronic device suggests a thin, lightweight laptop computer- sized instrument, this development has not yet materialized. The equipment was used in selected locations in elections in 2000 and 2001. The public reaction was positive and voter confusion appeared minimal. Programming election and candidate variations and allowing write- in choices were easily implemented by the equipment software. A large mass of voting cards, their storage and counting were not necessary. Computerized counting took place during voting. The Registrar of Voters was considering increasing the size of the current local voting areas. There would be fewer but more centrally positioned voting centers in common gathering places such as shopping malls. It was conjectured that such voting areas with fewer electronic machines could accommodate larger numbers of voters in shorter times, thus reducing equipment and manpower costs. Not too much consideration, here, however, has been given to the fact that such fewer stations would increase the average distance for a voter to travel to vote, and would provide greater travel problems for the elderly and those without personal means of transportation. Preferred parking for voters and politically provided transportation were considered as ways to improve this situation. The cost of the electronic voting machine, then about $ 5,000 each, was expected to decrease to about $ 1,000 as its design and engineering improved. With about 5000 voting areas in the Los Angeles County and an average of 4 devices per polling station, the County would need about 20,000 of the new machines, at a cost of at least $ 20,000,000. These electronic devices would be expected to have shorter functional lives and higher repair costs than the current equipment. Proposition 41 on the March 2002, ballot requested voter approval for the State of California to spend money on these machines. The amount requested included $ 67,000,000, the estimated cost for the purchase and upkeep of the electronic voting machines needed in just Los Angeles County. ( Addendum: On March 5, 2002, California voters passed Proposition 41, the Voting Modernization Act of 2002, by a vote of 2,229,531 to 2,103,265, authorizing a bond issue of $ 200,000,000.00, to purchase and maintain new voting machines. The cost of the punch- card machines has long since been amortized. The repair and servicing requirements for the punch-card equipment are minimal. 33 The Government Operations Committee of the 2001- 2002 Los Angeles County Civil Grand Jury questioned if enough consideration had been given, by the designers of the electronic voting machine, to the system’s integrity and security during the voting process and during storage. There is a potential for sabotage and malicious interference in our society that the Committee felt should be recognized. Care should be taken to minimize this danger. Electrical problems such as a local power outage, a surge or a disruption of any kind could affect any electronic equipment then in use. Prolonged outages could delay voting. Transmission line problems could delay the transfer of data to centralized areas. An individual in, or near, the voting area, with a small container holding specialized electronic equipment, might be able to affect the operation of the voting machines during their use. The function of the machines might also be disturbed before voting started, while the machines were in storage. The voting results themselves appeared vulnerable. They could be corrupted through the electronic processes involved in voting, disrupting the “ ballot” presentation process, through the storage and counting mechanisms or during the transmission of the voting data to central areas. Such data loss would be as permanent as the loss of bundles of “ punched cards.” Absentee ballots voted electronically would be still more difficult to protect. It is probable that the more anti- social individuals in our society would consider the technology of such machines as a tempting challenge, to see if the instrument could be functionally upset, if the system could be made inoperable. Using an Electromagnetic Pulse Device, ( EMP), such people could cause a near instantaneous and totally disruptive effect on the operations of the voting machines, particularly on the tapes, the disks, adjacent circuits and other storage systems, if these elements were not properly shielded and protected. The United States House of Representatives’ American Services Committee report, HASC 106.31, October, 1999, titled EMP Threats to U. S. Military and Civil Infrastructure describes such threats. In cases of electronic absentee voting, such interference by malicious people would be even more difficult to prevent. It was while this study was being finalized, February 2002, that the Federal Government mandated the elimination of the punch- card system. This Committee feels the mandate may have been a bit premature. Except for the Florida problem, the punch- card system has been used successfully for many years. It seems possible, if not probable, that in Florida, the difficulty with the system was an inappropriate application of the system, rather than the system itself. While the electronic voting machine offers much promise, it is currently bulky and heavy and still far too expensive. It’s susceptibility to interference and sabotage needs further testing. While improved machines are being developed, they should continue to be tested regarding their acceptance by the public, their accuracy, their cost and their safety from interference. If advanced models test satisfactorily and continue to compare equal to or better than the punch-card system, then the latter system could be eliminated. Everyone concerned should always remember the age- old adage, “ If it ain’t broke, don’t fix it!” Especially, don’t, if it’s going to cost a lot of money that isn’t available! 34 35 Government Operations Committee ELECTRONIC VOTING MACHINES RECOMMENDATIONS 12. The Government Operations Committee recommends that the Board of Supervisors should urge the Los Angeles County Registrar of Voters to evaluate more extensively the electronic voting machine, during voting, especially as to its acceptability by the voting public, the ease with which it is moved and handled, its vulnerability to functional disruption accidentally or through intentional sabotage, and the accuracy with which it seems to operate. 13. The Government Operations Committee recommends that the Board of Supervisors should urge the United States Congressmen representing districts in the County of Los Angeles to urge the Federal Government to rescind the mandate preventing the use of punch- card voting techniques, until such time as a suitably constructed and adequately protected electronic voting machine has been satisfactorily tested. 14. The Government Operations Committee recommends that the Board of Supervisors should request from the Federal Government sufficient financing to cover the additional cost that the County of Los Angeles will incur if forced to adopt a new voting machine system before protection for the system has been provided, especially if the new machine involved must be adopted before the machine itself has been completely tested and proven. 15. The Government Operations Committee recommends that the Board of Supervisors should direct the County Registrar of Voters not to enlarge the area of voting districts without improving accommodations at and transportation to the new polling places. 36 GOVERNMENT OPERATIONS COMMITEE Los Angeles County Commissions BACKGROUND The Los Angeles County Civil Grand Jury is charged with the oversight responsibility for Los Angeles County government and of the governing bodies of the cities and special districts located within Los Angeles County. Los Angeles County has a number of commissions comprised of individuals ( commissioners) officially appointed by the Board of Supervisors to perform specific duties with quasi- judicial quasi- legislative powers. Much information has been obtained by the Commissions. Ready access to this information would be of great value and assistance to various committees of the civil Grand Jury. A list of the Commissions and how they could be reached would provide such an access. OBJECTIVE The objective of the Government Operations Committee of the Los Angeles County Civil Grand Jury 2001- 2002 was to compile a list of the functioning commissions of Los Angeles County, including their current mailing addresses and telephone numbers. This list would be made available for the use of all future Civil Grand Juries of Los Angeles County. FINDINGS Updates to the list are provided periodically to the Los Angeles County Civil Grand Jury and are filed in a binder listing the Commissions and Committees. Portions of the information from the list provided to the Civil Grand Jury were not always available to the Civil Grand Jurors, either because the information for some reason was never provided, or because it had been removed and not returned. The information available from the various commissions can be extremely valuable to the various committees of the Civil Grand Jury. Currently there is no definitive area for the Los Angeles County Civil Grand Jury to keep a library of important reference material. 36 Government Operations Committee LOS ANGELES COUNTY COMMISSIONS REPORT - RECOMMENDATIONS 16. The Government Operations Committee recommends that the Los Angeles County Civil Grand Jury should maintain the established library of important Civil Grand Jury reference documents and reports. 17. The Government Operations Committee recommends that subsequent Los Angeles County Civil Grand Juries should place in the permanent library file the list of Los Angeles County Commissions compiled by the Government Operations Committee of the 2001- 2002 Civil Grand Jury. 18. The Government Operations Committee recommends that subsequent Los Angeles County Civil Grand Juries should review this list of Los Angeles County Commissions annually and update it as necessary. 37 LOS ANGELES COUNTY COMMISSIONS Alphabetical Listing Aging Los Angeles County Commission on Aging Agriculture Agricultural Commissioner, Department of Weights and Measures Alcoholism Commission on Alcoholism Arts Los Angeles County Arts Commission Aviation Aviation Commission, Department of Public Works Beach Los Angeles County Beach Commission Business License Business License Commission Cerritos Regional County Park Cerritos Regional County Park Authority Commission Children and Families Commission for Children and Families Children and Families- First- Proposition 10 Los Angeles County Children and Families First- Proposition 10 Commission Citizens’ Economy and Efficiency Los Angeles County Citizens’ Economy and Efficiency Commission Civil Service Civil Service Commission Community Development Community Development Commission Board of Commissioners Disabilities Los Angeles County Commission on Disabilities Emergency Medical Services Emergency Medical Services Commission Emergency Preparedness Emergency Preparedness Commission for the County and Cities of Los Angeles Employee Relations Employee Relations Commission Fish and Game Fish and Game Commission Health Facility Los Angeles County Health Facilities Authority Commission Highway Safety Los Angeles Highway Safety Commission Historical Landmarks Los Angeles County Historical Landmarks and Records Commission HIV Health Services Commission on HIV Health Services Hospital and Health Care Delivery Hospitals and Health Care Delivery Commission Housing Authority Housing Authority Board of Commissioners Human Relations Commission on Human Relations Information Systems Information Systems Commission Institutional Inspections Sybil Brand Commission for Institutional Inspections Insurance Los Angeles County Commission on Insurance Judicial Procedures Commission on Judicial Procedures Library Library Commission Local Agency Formation Local Agency Formation Commission Local Government Service Los Angeles County Commission on Local Government Services 38 Los Angeles Convention and Exhibition Center Los Angeles County Convention and Exhibition Center Authority Commission Los Angeles County Downey Regional Public Recreational Area Los Angeles County Downey Regional Public Recreation Area Commission Los Angeles County Martin Luther King Jr. General Hospital Los Angeles County Martin Luther King Jr. General Hospital Authority Commission Memorial Coliseum Los Angeles Memorial Coliseum Commission Mental Health Los Angeles County Mental Health Commission Milk Los Angeles County Milk Commission Narcotics and Dangerous Drugs Narcotic and Dangerous Drugs Commission Native American Indian Los Angeles City/ County Native American Indian Commission Parks and Recreation Parks and Recreation Commission Probation Probation Commission Public Health Public Health Commission Public Social Services Commission for Public Social Services Quality and Productivity Quality and Productivity Commission Real Estate Management Real Estate Management Commission Regional Planning Regional Planning Commission Small Business Los Angeles County Small Business Commission Solid Waste Authority Los Angeles Solid Waste Authority Commission Sybil Brand Institutional Inspection Sybil Brand Commission for Institutional Inspection Veterans Advisory Los Angeles County Veterans Advisory Commission Women Commission for Women 39 LOS ANGELES COUNTY COMMISSIONS Contact Information Agricultural Commission Department of Weights and Measures 12300 Lower Azusa Road Arcadia, 91006 626- 575- 5471 626- 575- 5453 Aviation Commission Department of Public Works Aviation Division 900 South Fremont Avenue Alhambra, 91803- 1331 626- 458- 7389 Business License Commission 500 West Temple Street, Room 379 Los Angeles, 90012 213- 974- 7691 Cerritos Regional County Park Authority Commission 500 West Temple Street, Room 383 Los Angeles, 90012 213- 974- 1403 Civil Service Commission 222 North Grand Avenue, Room 522 Los Angeles, 90012 213- 974- 2411 Commission for Children and Families 500 West Temple Street, Room B- 22 Los Angeles, 90012 213- 974- 1558 Commission for Public Social Services 12860 Crossroads Parkway South City of Industry, 91746 562- 908- 8669 Commission for Women 500 West Temple Street, Room 383 Los Angeles, 90012 213- 974- 1403 40 Commission on Alcoholism 1000 South Fremont Avenue Alhambra, 91803- 4737 626- 298- 4106 Commission on HIV Health Services 600 South Commonwealth Avenue, 6th Floor Los Angeles, 90005 213- 351- 8127 Commission on Human Relations 320 West Temple Street, Room 1184 Los Angeles, 90012 213- 974- 7601 Commission on Judicial Proceedings 500 West Temple Street, Room 383 Los Angeles, 90012 213- 974- 1403 Community Development Commission Board of Commissioners 2 Coral Circle Monterey Park, 91755- 7425 213- 890- 7001 Consumer Affairs Advisory Commission 500 West Temple Street, Room B- 96 Los Angeles, 90012 213- 974- 9750 Emergency Medical Services Commission 5555 Ferguson Drive, Suite 220 Commerce, 90022 323- 890- 7545 Emergency Preparedness Commission for the County and Cities of Los Angeles 1275 North Eastern Avenue Los Angeles, 90063 323- 980- 2266 Employee Relations Commission 500 West Temple Street, Room 374 Los Angeles, 90012 213- 974- 2417 41 Fish and Game Commission 500 West Temple Street, Room 383 Los Angeles, 90012 213 974- 1403 Hospitals and Health Care Delivery Commission 313 North Figueroa Street, Room 903 Los Angeles, 90012 213- 240- 7731 Housing Authority Board of Commissioners 2 Coral Circle Monterey Park, 91755- 7425 213- 890- 7001 Information Systems Commission 500 West Temple Street, Room 383 Los Angeles, 90012 213- 974- 1431 Library Commission 7400 East Imperial Highway, Room 201 Downey, 90241 562- 940- 8400 Local Agency Formation Commission 500 West Temple Street, Room 383 Los Angeles, 90012 213- 974- 1448 Los Angeles City- County Native American Indian Commission 3175 West 6th Street Los Angeles, 90020 213- 351- 5308 Los Angeles Convention and Exhibition Center Authority Commission 1201 South Figueroa Street Los Angeles, 90015 213- 741- 1151 Los Angeles County Arts Commission 500 West Temple Street, Room 374 Los Angeles, 90012 213- 974- 1343 42 Los Angeles County Beach Commission 13837 Fiji Way Marina del Rey, 90292 310- 305- 9546 Los Angeles County Children and Families First-- Proposition 10 Commission 333 South Beaudry, Suite 2100 Los Angeles, 90017 213- 482- 5902 Los Angeles County Citizens’ Economy and Efficiency Commission 500 West Temple Street, Room 163 Los Angeles, 90012 213- 974- 1491 Los Angeles County Commission on Aging 3333 Wilshire Boulevard, Suite 400 Los Angeles, 90010 213- 738- 2947 Los Angeles County Commission on Disabilities 500 West Temple Street, Room 383 Los Angeles, 90012 213- 974- 1403 Los Angeles County Commission on Insurance 500 West Temple Street Room 383 Los Angeles, 90012 213- 974- 1403 Los Angeles County Commission on Local Government Services 500 West Temple Street, Room 383 Los Angeles, 90012 213- 974- 1403 Los Angeles County Health Facilities Authority Commission 500 West Temple Street, Room 383 Los Angles, 90012 213- 974- 1403 Los Angeles County Highway Safety Commission 900 South Fremont Avenue Alhambra, 91803- 1331 626- 458- 5822 43 Los Angeles County Historical Landmarks and Records Commission 500 West Temple Street, Room 383 Los Angeles, 90012 213- 974- 1431 Los Angeles County Housing Commission 2 Coral Circle Monterey Park, 91755 323- 850- 7405 Los Angeles County Mental Health Commission 550 South Vermont Avenue, 12th Floor Los Angeles, 90020 213- 738- 4772 Los Angeles County Milk Commission 2525 Corporate Place, Room 150 Monterey Park, 91754 323- 881- 4006 Los Angeles County Small Business Commission 707 Wilshire Boulevard, Suite 27 Los Angeles, 90017 213- 430- 5340 Los Angeles County Veteran’s Advisory Commission 1816 South Figueroa Street, Suite 100 Los Angeles, 90015 213- 744- 4827 Los Angeles County Downey Regional Public Recreation Area Commission Post Office Box 7016 Downey, 90241- 7016 562- 904- 7280 Los Angeles County Martin Luther King, Jr., General Hospital Authority Commission 500 West Temple Street, Room 313 Los Angeles, 90012 213- 974- 1403 Los Angeles Memorial Museum Commission 3911 South Figueroa Street Los Angeles, 90037 213- 765- 6711 44 Los Angeles Solid Waste Authority Commission 900 South Fremont Avenue Alhambra, 91803 626- 458- 4014 Narcotics and Dangerous Drugs Commission 1000 South Fremont Avenue Building A- 9 East, 3rd Fl. Alhambra, 91803- 4737 626- 299- 4105 Parks and Recreation Commission 433 South Vermont Avenue Los Angeles, 90020 213- 738- 2954 Probation Commission 9150 East Imperial Highway Downey, 90242 562- 940- 3694 Public Health Commission 241 South Figueroa Street, Room 109 Los Angeles, 90012 213- 240- 8377 Quality and Productivity Commission Kenneth Hahn Hall of Administration 500 West Temple Street, Room 565 Los Angeles, 90012 213- 974- 1361 Real Estate Management Commission 222 South Hill Street, 3rd Floor Los Angeles, 90012 213- 974- 4300 Regional Planning Commission 320 West Temple Street, Room 1390 Los Angeles, 90012 213- 974- 6409 Small Craft Harbor Commission 13837 Fiji Way Marina del Rey, 90292 310- 305- 9522 45 Sybil Brand Commission for Industrial Inspection 500 West Temple Street, Room 372 Los Angeles, 90012 213- 974- 1465 46 LOS ANGELES COUNTY COMMITTEES Audit City Selection Clean Fuel Program Community Advisory Countywide Criminal Justice Coordinator Horizon’s Plan Independent Citizen’s Oversight Labor Management Advisory on Productivity Enhancement Los Angeles County Hazardous Waste Management Los Angeles County Solid Waste Management Los Angeles County Street Naming Policy Steering for South Bay Commuter Bus Service Proposition E Special Tax Risk Management Advisory Savings Plan Southern California Board of Trustees Sunshine Canyon Landfill Supervisory District Boundary Review Technical Review Traffic Reduction and Free Flow Inter are not Treasury Oversight 47 HEALTH & HUMAN SERVICES COMMITTEE Stroke Centers BACKGROUND As our population ages, the incidence of stroke increases. Disability and death due to stroke also increase and become a larger problem in health care. Various groups of the medical community have proposed that some hospitals set up stroke centers that would have specific stroke treatment protocols. They would have equipment and personnel immediately available to diagnose and treat stroke patients rapidly in a manner that would insure less deaths and less disability. Successful treatment of stroke has an important time sensitive component. If proper diagnosis is not made and proper treatment is not instituted within a specific time frame, patients’ outcomes suffer. Hospitals having proper personnel and equipment, as well as approved medications immediately available ( the stroke center concept) would increase the likelihood of a better outcome for the patient. Stroke centers were discussed in an article in the Journal of the American Medical Association ( JAMA, June 21, 2000— Vol. 283 No. 23). The article established criteria for the institution and operation of stroke centers. Primary stroke centers would provide emergency care and stabilize acute stroke patients. Comprehensive stroke centers would provide more specialized care for the most complex problems. Various specialists investigated stroke treatment, and their conclusion was that having specialized stroke centers would definitely improve the care of stroke patients. Interestingly, many hospitals surveyed felt they had staff and equipment to become primary stroke centers, but few actually fulfilled the criteria established in the JAMA article. For example, tissue- type plasminogen activator ( tPA) is considered the best treatment for a specific type of stroke. Nevertheless, it was found in a survey that only 1.8% of patients in Ohio and 2- 3% in the nation with that type of stroke were treated with this medication. OBJECTIVE The Health and Human Services Committee objective was to promote the establishment of stroke centers in Los Angeles County. 48 METHODOLOGY Various experts in the management and care of stroke victims were contacted, and materials related to stroke centers were reviewed. Specific geographical ( catchment) areas and the politics of these areas were investigated. FINDINGS UCLA has published a study assessing physician attitudes and hospital resources in Southern California. Although some hospital personnel as well as physicians thought they were able to care for stroke victims in an acceptable manner, very few met the recommended criteria for stroke care. In many studies, mortality and morbidity decreased when stroke center criteria were followed. Trauma centers provide personnel and equipment that could be used in fulfilling stroke center criteria. The economic loss suffered by trauma centers could be partially offset by their adding stroke center services. Establishment of stroke catchment areas is difficult because hospitals jealously guard their patient population. CONCLUSIONS Hospitals having stroke centers as part of the medical landscape of Southern California would probably save lives and prevent and lessen disabilities following strokes. The County through its hospitals would probably save money by decreasing the length of patient’s hospital stays and the disabilities resulting from their strokes. Establishment of these centers is a daunting task. Work on this problem has been going on for some time. 49 Health & Human Services Committee STROKE CENTERS RECOMMENDATIONS 19. The Health & Human Services Committee recommends that the Department of Health Services should establish criteria for stroke centers that are compatible with American Medical Association guidelines. 20. The Health & Human Services Committee recommends that the Department of Health Services should add stroke centers to current trauma centers to address financing and to prevent duplication of personnel. 21. The Health & Human Services Committee recommends that the Department of Health Services should help settle catchment area controversies. 50 HEALTH & HUMAN SERVICES COMMITTEE Abandonment of Newborns BACKGROUND Loss of life of babies abandoned in inappropriate places is a terrible tragedy. Mothers ( and sometimes fathers) have babies or have custody of babies that they either do not want, or for whom they are unable to care. They make decisions under great emotional stress that may be poorly thought out resulting in bad choices that may lead to harm to the baby and harm to the parent( s). The great distress of these parents has come to the attention of the California Legislature. In order to help prevent such tragedies in the future, the legislature has passed SB 1368 ( California Penal Code 271.5). California Penal Code 271.5 ( a) No parent or other person having lawful custody of a minor child 72 hours old or younger may be prosecuted for a violation of Section 270, 270.5, 271, or 271a if he or she voluntarily surrenders physical custody of the child to any employee, designated pursuant to this section, on duty at a public or private hospital emergency room or any additional location designated by the county board of supervisors by resolution. Each such hospital or other designated entity shall designate the classes of employees required to take custody of these children. ( b) This section shall be repealed on January 1, 2006, unless a later enacted statute extends or deletes that date. This law allows abandonment of a baby without legal penalty if, within the first 72 hours following birth of the baby it’s physical custody is voluntarily surrendered to any employee on duty in any public or private hospital emergency room. This law became effective January 1, 2001. Although the County Board of Supervisors may designate other places ( e. g. fire, police or sheriff stations) to receive babies being abandoned, to date such places have not yet been so designated. OBJECTIVE The Health and Human Services Committee’s objective was to decrease the loss of life of abandoned newborn 51 METHODOLOGY A number of hospitals were queried by mail or by telephone regarding their knowledge and policy about this new legislation. ( California Penal Code 271.5) FINDINGS Recently it was reported that the police were looking for the individual who had abandoned a baby in a hospital. On the surface, it appeared that this problem was in contradiction to the stated purpose of the law. Further investigation revealed that there was a complication and that the spirit as well as the letter of the law was being followed. The Committee was encouraged that every hospital contacted had knowledge of the law and had a protocol in place to deal with abandoned babies. However, none of the institutions had had any practical experience with abandoned babies. None of the Health and Human Services Committee members of the Los Angeles County Civil Grand Jury 2001- 2002 had first hand knowledge of this law. It was discovered that the allocated funds for publicizing this law had not been released. 52 Health & Human Services Committee ABANDONMENT OF NEWBORNS RECOMMENDATIONS 22. The Health & Human Services Committee recommends that the Board of Supervisors should encourage the passage of the enabling legislation to release the allocated funds to publicize the provisions of SB 1368 ( California Penal Code 271.5). 23. The Health & Human Services Committee recommends that the Board of Supervisors should solicit as many public service announcements as possible from the local media, especially those venues that cater to younger people, to inform the public of this new law. 24. The Health & Human Services Committee recommends that the Board of Supervisors should encourage hospitals, libraries, police and fire stations and sheriff facilities to display signs explaining the law. 25. The Health & Human Services Committee recommends that the Board of Supervisors should encourage the boards of education in Los Angeles County to include information about the basics of SB 1368 in health curricula. 26. The Health & Human Services Committee recommends that the Board of Supervisors should designate a specific day or week to publicize the abandoned baby problem. 27. The Health & Human Services Committee recommends that the Board of Supervisors should designate other appropriate facilities to accept unwanted newborn. 53 HEALTH & HUMAN SERVICES COMMITTEE Patient Advocates BACKGROUND Due to the stress of illness, many communications between doctor and patient and hospital staff and patient are lost or misinterpreted. Family members also may have difficulty understanding or interpreting what is said or written due to the stress of illness of a loved one. Helping patients who alone may be incapable of making decisions, helping families decide on courses of action, discussing and interpreting forms and insurance mandates, and generally making the hospital stay more comfortable are some of the benefits of patient advocate and ombudsman programs. The use of patient advocates or ombudsman programs in hospitals would be helpful in giving their patient population a chance to resolve any conflicts that may arise secondary to a hospital stay. A conflict of interest could occur if the advocate were an employee of the hospital. If patient advocates were all volunteers, the economics of the situation might change to the point that smaller hospitals would be more likely to start a program in their institutions. OBJECTIVE The Health and Human Services Committee investigated to what extent hospitals embraced the concept of ombudsman services or patient advocacy. METHODOLOGY Hospitals were randomly selected and were contacted by letter or telephone. Usually the respondent was someone in hospital administration or nursing administration. Some were reluctant to discuss any hospital policy over the telephone, while others were immediately forthcoming with information and details. FINDINGS Only 25% of the hospitals questioned had programs for patient advocacy. Some were considered patient advocates, some were called ombudsman, and some were under the umbrella title “ member services.” 54 In general, the larger hospitals had these programs and the smaller facilities did not. Some patient advocates were employed by the hospitals in the administrative office or by nursing administration. Volunteers staffed other patient advocate positions. There seemed to be no set pattern in this area of health care. In the reality of today’s hospital economics, some institutions feel that the cost is justified by the increased goodwill and conflict resolution potential that these programs offer. The remainder cannot justify the costs by the benefits received. 55 Health & Human Services Committee PATIENT ADVOCATES RECOMMENDATIONS 28. Health & Human Services Committee recommends that the Board of Supervisors should initiate a study of hospitals with a county contract that have advocacy programs and those that do not. They should compare patient and financial outcomes to determine the value of an advocacy program to the patient and to the hospital. 29. The Health & Human Services Committee recommends that the Department of Health Services should direct their hospitals to start a program of patient advocacy training for volunteers. Conflicts of interest with the hospital would be less likely to arise than if a patient advocate were an employee of the hospital. 30. The Health & Human Services Committee recommends that the Department of Health Services should direct their hospitals to disseminate information on the patient advocacy programs in their hospitals upon patient admission, with emphasis on just what services are available to patients and their families. This information should stress the independent nature of the program as a means of good public and patient relations. 56 HEALTH & HUMAN SERVICES COMMITTEE Retail Food Inspection BACKGROUND It is estimated that 9,000 Americans die each year from food related illness. Millions more become ill from contaminated or improperly handled food. Los Angeles County administers a retail food inspection program under the Environmental Health Division of the Department of Health Services. The goal of this program is to lessen or eliminate such occurrences here. In the last few years, many restaurants in Los Angeles County have been issued plaques bearing a rating symbol based on the results of an inspection of their premises. This plaque must be posted in an area that is clearly visible to patrons and the public. This posting was based on an ordinance (# 97- 0071) adopted by the Los Angeles County Board of Supervisors on January 16, 1998. Some cities in the county do not require posting of grades, although the restaurants in these cities are inspected with the same regularity as those in the conforming cities. ( Not all city councils have adopted the County Ordinance.) The usual frequency of inspection is three times yearly. Additionally, public notification signs must be clearly posted. These signs state: “ All public health questions/ concerns regarding this food establishment should be directed to the local Environmental Health Office.” The address and phone number is provided. Each establishment must have a trained Certified Food Handler whose job is to maintain the standards and practices outlined by the Environmental Health Division of the Department of Health Services, and to teach the other employees about these standards and practices and how to conform to them. Continuing education for food handlers is offered in many languages for ongoing educational support. The rating system grades ( A, B, C, or a numerical score if it is below 70, the low point for a C) are based on an extensive and thorough inspection of the facility. Deductions from 100 are based on the findings, with specific deductions for specific infractions. Some infractions are considered so dangerous that businesses with those infractions are closed immediately and remain closed until the dangerous infraction is remedied and the premises reinspected. An inspection may be repeated at the owner’s request and expense sooner than the next scheduled inspection ( for example, if a grade has been lowered and the owner wants to show the defect has been corrected). 57 When an inspection has been completed, the inspector goes over the comprehensive form with the responsible party. The inspection form used is specific and detailed. Each violation has a prescribed point deduction and each deduction is fully explained. The problem is also explained. OBJECTIVE The objective of the Health and Human Services Committee was to evaluate the food inspection system for restaurants. METHODOLOGY The Environmental Health Division of the Department of Health Services presented a retail food service inspection orientation to the Health and Human Services Committee. On subsequent days, members of the committee accompanied inspectors on their inspections. The inspections were unannounced, the only exception being a reinspection at the request of an owner. As observers, the committee members were in the kitchens and storerooms and freezers and refrigerators right along with the inspectors. These inspections were conducted during normal business hours. FINDINGS The inspectors that were observed were dedicated and hard working. The inspection of restaurants was a much more physically demanding job than anticipated by the observers. Looking underneath and behind cabinets, refrigerators, ice dispensers, soda dispensers and any other structure found in a restaurant was not an easy job. Looking at the inside of the front face of an ice dispenser required a back- twisting, neck- twisting move. These acrobatic moves and awkward positions assumed in the course of an inspection must take a toll on the examiners. Much information was gleaned from these maneuvers— that is, how would one ever know that mold was growing inside the front face of the ice dispenser if one didn’t look? The inspectors wanted to see conditions before anyone had any inkling that they were going to be inspected. In some inspections, the inspector and observers hurried through the parking lot going directly into the restaurant and immediately into the kitchen. Some owners or operators might recognize the inspectors and try to modify or hide some unacceptable practices if alerted to the impending inspection. The inspections were purposefully geared to be non- confrontational. The gentle, but firm demeanor of the inspectors took just the right tone so that the experience for the operator was an educational one rather than a punitive one - even though the restaurant may have gone down in rating. This aspect of the inspection was particularly impressive to the observers. 58 There was a skillfully detailed form that the inspector filled out during and immediately following the inspection. It specified what regulations or rules were broken, the deductions for each of the infractions, and the method and means to fix the problem. Completing the form took quite some time, sometimes as long as the inspection when there were many violations. Then the inspector went over the form in detail with the responsible party to point out, discuss, and suggest modification for each problem. This also was very time consuming, but very educational for the responsible party - as it was for the observers. One of the reference manuals used is the “ Retail Food Inspection Guide” published by the County of Los Angeles Department of Health Services. This manual [ H- 3046 ( 5/ 00)] contains a copy of the Food Inspection Report. Each part of the inspection has a number that is keyed to an explanation in the latter half of the manual. It also has a summary of the laws and regulations for the violations listed in the inspector’s report. ( See attached Food Inspection Report Form.) Another manual published by the County Department of Health Services is titled “ Food Handler’s Guide For Retail Food Establishments.” It is meant to be instructional for food handlers and has a great deal of information regarding the maintenance of good practices in the retail food industry. It is written in very simple language with many illustrations. The basic tools of an inspector are an instant read food thermometer, a flashlight, and a metal case that holds forms and is used as a writing surface during an inspection. These tools are sometimes awkward to manipulate in the close quarters of a kitchen. Inspections would be easier and faster if the access to this equipment were simple and efficient. Getting “ down and dirty” appeared to be a regular routine for the inspectors. It was not unusual for them to get down on their knees to look under anything they had to inspect that was close to the floor. Additionally, because many of the kitchens were small, it was not uncommon for the inspectors to stain their clothes from work surfaces. The inspectors were professionally dressed. Their cleaning bills must have been excessive if the inspectors that were observed were the norm. In general, large national restaurant chains have stringent guidelines they expect their franchisees to uphold. Therefore, franchisees have serious problems with their parent company if they get less than an “ A” rating. In the polyglot area that is Los Angeles, many languages are spoken and many ideas regarding food preparation are brought to this county from other countries. The proprietors and workers in ethnic restaurants may have traditions and practices that do not necessarily follow the guidelines that are required for safe food handling. In Los Angeles County, sometimes the difference in proper versus improper food handling techniques is very subtle. Explaining the changes required to conform may be difficult if one does not have the nuances of other cultures and languages. A copy of the prior inspection report must be kept at each establishment. It must conform to the posted grade or scorecard. This report must be available to the public if requested. 59 Health & Human Services Committee RETAIL FOOD INSPECTION RECOMMENDATIONS 31. Health & Human Services Committee recommends that the Instructors in the Environmental Health Division of the Department of Health Services should include inspector training regarding body mechanics to prevent their having back and joint problems. 32. The Health & Human Services Committee recommends that the Environmental Health Division of the Department of Health Services should design and provide a tool belt to hold the equipment that all inspectors must carry. 33. The Health & Human Services Committee recommends that the Environmental Health Division of the Department of Health Services should consider a professional work garment that would preserve the inspectors’ clothes and that could either be used in conjunction with a tool belt or have pockets and loops that would obviate the need for a tool belt. The negative impact of this recommendation is that if the garment were distinctive enough, the restaurant personnel would recognize the inspector and that would give them some warning if surprise were to be a factor. 34. The Health & Human Services Committee recommends that if the personnel in the restaurant are not fluent in English, or if language subtleties could present problems, the Department of Health Services should try to match the inspectors who could speak the language with the language spoken at the restaurant. 60 JAILS COMMITTEE Detention Facilities BACKGROUND The Los Angeles County jail system is the largest in the United States. The daily inmate population in the County exceeds 23,000 men and women. In addition, over 4,000 juveniles are detained daily in camps, juvenile halls and youth detention facilities. By contract with the Immigration and Naturalization Service ( INS), the Sheriff also houses in excess of 800 INS prisoners awaiting disposition of their cases. These facilities could potentially hold over 1100 detainees and authorities have indicated possible expansion in the near future. The Los Angeles County Civil Grand Jury Jails Committee 2001- 2002, is mandated by the California Penal Code § 919( a) and ( b) to inspect county and municipal police department jails and lockups, court holding cells, juvenile camps, juvenile detention centers, and other penal institutions. These inspections include, but are not limited to, housing conditions, availability of telephones, medical needs, food service with dietary considerations, number of staff and their training background, policy and procedures manuals, local fire inspection reports, use of safety – sobering – and detoxification cells, availability of rules and disciplinary penalty manuals, availability of personal care items, and conditions of the restrooms and showers. The grand jury may inquire into the case of any person imprisoned in the jails of the county on a criminal charge but not yet indicted. The grand jury shall inquire into the condition and management of the public prisons within the County. Other agencies conduct in- depth inspections of these facilities on an annual or semi- annual basis. Those agencies include, local and state health departments, local fire departments, the Board of Corrections, and the Department of Justice. The agencies report their findings directly to the authorities in charge of said facility, while the Civil Grand Jury conducts “ snapshot” inspections for reporting directly to the Los Angeles County Board of Supervisors. Many of the categories listed above have minimum standards. The standards are interpreted by the California Board of Corrections and are applied to adult and juvenile detention facilities as set forth in Titles 15 and 24 of the California Penal Code. OBJECTIVES The objective of the Civil Grand Jury 2001- 2002 was to carry out the mandate as set forth in the California Penal Code Titles 15 and 24. The committee’s goal was to inspect each adult and juvenile detention facility operated in Los Angeles County by local agencies, make recommendations for improvement, and recognize excellence. 65 METHODOLOGY A list of detention facilities was obtained from previous grand jury reports. The Jails Committee revised and updated the list and inspection areas were assigned. The county was divided into four districts. Each district was assigned one team of two committee members each. A fifth team performed selected inspections drawn from all districts. The detention facilities inspection process for the Civil Grand Jury 2001- 2002 Jails Committee was discussed at committee meetings and implemented after a consensus was obtained. A field inspection form ( see Attachment A) was devised to collect common data from each of the facilities. The data fields found on the inspection form were derived from the minimum standards enumerated in Titles 15 and 24. The data were then compiled in spreadsheet format for quick reference. The final report includes spreadsheets with detailed information regarding data gathered during inspections. Each facility was then rated on the data gathered, anecdotal information, and personal observations. A scale ranging from excellent, above average, average, to substandard was used. In some cases, when a facility was assessed to be substandard, a second team conducted follow- up inspections. Suggestions and recommendations were made to the facility managers and where a problem was pervasive, the responsible department head was contacted and exit interviews conducted. An overall view, in narrative form of excellent and problematic facilities would be noted in the final report. The Jails Committee felt using this comparative procedure would best raise the attention level of all concerned, including the 2002– 2003 Civil Grand Jury. Past grand juries’ final reports were compared with current observations, to determine progress made toward long-term corrective goals. This section of the report includes information about juvenile camps, juvenile halls, juvenile facilities for the mentally challenged, probation areas for youth recovery upon release, Immigration and Naturalization Service facilities, adult detention facilities including both holding cells and jails, and adult specialty facilities. FINDINGS JUVINILE DETENTION FACILITIES Probation Department The Los Angeles County Juvenile Probation Department exists for the purpose of assisting the youth in the at risk population. Programs are offered to aid young people before and after they become involved in the justice system. Many dedicated Probation Department employees were found willing and able to assist juveniles with a myriad of justice system related problems. They were found in the schools, camps, and other detention facilities. 66 Early intervention and prevention are preferable over detention and are the keystones to the Probation Department’s mandate. They are intended to avert chronic delinquency, substance abuse and gang violence. A small sampling of pre- detention programs are as follows: Supervision – Probation Department supervisors are assigned to identify potential or real justice system offenders and to assist in keeping the individuals on a lawful path. School Based Supervision – Selected middle and senior high schools have probation officers stationed on campus. School Based Deputies – Deputies are assigned to campuses where there is a high concentration of gang activities. These deputies are meant to produce a high profile law enforcement presence as a deterrent to anti- social behavior. Gang Units – Deputies work with youth i |
| PDI.Date | 2002 |
| PDI.Date.Issued | 2002 |
| PDI.Title | Final Report. 2001-2002. |
| OCLC number | 144592327 |
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