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INTRODUCTION

Final Report Filing Decree Foreman's Letter to Presiding Judge. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Functions of a Civil Grand Jury. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Grand Jury Members & Advisors. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Citizen Complaints. . . . . . . . . . . .

dministrative, AlXiit & Finance. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Building, Planning & Environment

Education 27

TABLE OF CONTENTS

3

5

7

9

11

13

15

COMMITTEE REPORTS

21

FINAL REPORT CREDITS

Cover design: Greg Newbry

Cover photo: Rita Sherman

ProductionC: . D. Ritter

INTRODUcTION

2

IN THESUPERIOR

10

11 RE:

12 2000- 2001

13

14

15

16 certify that the

11 with Title

18 County Clerk

11

20

- 1- 1,

21 this - L. 2. - day

22

23

24

26 of

2' 1

28

THE STATE OF CALIFORNIA

COUNTY OF MONO

COURT OF

IN AND FOR THE

GENERAL ORDER

Grand Jury

2000- 2001 Mono County Grand Jury Final Report

Four of the California Penal Code and direct

to accept and file the final report as a public

of August, 2001.

Court

3

4

The Honorable Edward Forstenzer

Presiding Judge of the

Mono County Superior Court

Dear Judge Forstenzer:

Enclosedi s the Final Reporto f the 2{ XX}- OMl ono County GrandJ ury.

The memberso f the currentg randj ury spentc onsiderableti me in reviewing, analyzinga nd

investigating various citizen oomplaints as well as the overdll operations of the various

de~ ents of Mono County. The time and energy necessary to conduct proper

investigationsa nd reviewsc ann ot be overstated. I thank aUo f the current memberso f the

grand jury for their time, bald work, attention to detail , and dedication to the workings of

the grand jury.

In order for the grand jury system to work, it is necessary that citizens be

volunteer their time for the bettennent of all d1e citizens of Mono County.

encouragea ll citizenso f Mono Countyt o considerv olunteeringf or suchs ervice.

In reaching the findings and conclusions set forth in die attached Final Report, the grand

jury has attempted to be fair, objective and constructive.

jury's mandate could not have been fulfilled without d1e assistance and

of numerous employees and officials of d1e various County and Town

The grand jwy would like to dtank dtesep ersons for dteir assistancea nd

The grand

cooperation

departments.

cooperation.

The various committeer eportsi ncludedi n dle Anal Reporta re dle resulto f the work of dle

committee~ . embersli sted at dle beginningo f eachr eport, and reflect dle concurrenceo f the

entire grand jury.

I would like to thank District Attorney George Booth, County Counsel Marshall Rudolph,

Court ExecutiveO fficer Bob Dennisa ndJ udge Edward Forstenzerf or their assistancea nd

guidance in the course of our investigations.

I would also like to thank C. D. Ritter for her administrativea ssistancew ith respectt o die

grand jury's operations. Without her, we would have been lost.

Qt behalf of the grand jury, I would like to say that it has been an educational and eye-openinge

xperiencea, nd an honort o servet he residentso f Mono County in this ca~ ty.

Respectfully,

Gregg P. Martino, Foreman

Mono County Grand Jury 2< XX>- Ol

TOE GRAND . JURY

County of Mono

State of California

willing to

I would

5

6

THE FUN CI1 0 N S 0 F A CIVIL GRAND JURY

The functions of a civil grand jury ( as opposed to a criminal grand jury that issues

criminal indictments) are not widely known. The primary function of a civil grand jury is as

an investigatory body for the purpose of watching over the numerous county and city

governmentsa nd various special egislatived istricts. The purposeo f the investigationsa nd

reviews is to assure that diere is honest, efficient and effective government in the best

interests of the citizens of the county. Grand jury duties, powers, responsibilities,

qualifications and die selection process are set forth in the California Penal Code Section

888 et seq.

The Mono County Grand Jury reviews and evaluates procedures, methods and

systemsu sed by County and Town departmentsto detennine( a) whether such systems,

proceduresa nd methodsc omply with the statedo bjectiveso f the departmentsa, nd ( b) if the

departmentso' perationsc an be mooem oree fficient and effective. One of the ways that the

grandj ury conducts its investigationsis by respondingt o complaintsr eceived from the

citizens of Mono County regarding problems or issues with the various governmental

agencieso f the county, speciald istricts, or the town of Mammoth Lakes. Thus, for the

grand jury to be truly effective, it is necessary for the citizens of the county to become

involved.

The members of the gmnd jury are avemge citizens from throughout Mono County.

The membersa re selectedb asedu pon their willingness to volunteert heir time for at least a

one- year period beginning each July 1. The grand jury acts lawfully only as a body. No

individual grand juror, acting alone, has any power or authority. Meetings of the grand jury

are not open to the public, and the members are sworn to secrecy. Law requires all matters

discussed before the grand jury and votes taken to be kept confidential until the Final

Report. .

The end result of inquiries into civil matters by the grand jury is released to the

public by means of a Final Report issued at the end of the tenD of the grand jury. The

committee re} X) rts contained in the Final Re} X) rt are prepared by each of the individual

committees, a nd oncea pprovedb y the particularc ommittee, a re then reviewed, edited and

ultimately approved by the entire grand jury. Then the Final Re} X) rt is approved by the

presiding judge of the Mono County Superior Court.

7

8

GRAND JURY MEMBERS & ADVISORS

Tom Christiana

Mammoth Lakes

Tammy Davis

Mammoth Lakes

Richald Dawson

Hammil Valley

Keith Dwyer

Mammoth Lakes

Maynard Enos

Bridgeport

Bryan Mahony

June Lake

Foreman

Gregg Mar1ino

Secretary

Lyn Haber

Edward Forstenzer

Presiding Judge of

the Superior Court

Marshall Rudolph

County Counsel

JURORS

Charles Evans

ColevUle

Gregg Martino

Mammoth Lakes

on on Onniston

Coleville

aga Glidewell

Chalfant Valley

Pat Savage

MammothL akes

Tom Strehlow

Mammoth Lakes

Lyn Haber

Swall Meadows

Walt Hoffmann

Benton

Mitdl Janoff

Mammoth Lakes

Lynda Thompson

June Lake

RESIGNED JURORS

Melanie Wagner

Mammoth Lakes

Gerardo Ram~

Mammoth lAkes

E. L. Maner

Manunoth Lakes

OFFICERS

Sergeant- aI- Arms

Mitch Janoff

Foreman Pro Tem

E. L. Maner

Assistant Secretary

aga Glidewell

ADVISORS

Bob Dennis

Court Executive Officer

George Booth

DUtrict Attorney

Stacey Simon

Deputy County Counsel

Christiana Darlington

Deputy County Counsel

C. D. Ritter

Administrative Assistant

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12

AD MINISTRATI VE, A unIT & FINANCE

LynHaber, Chair.

Tom Christiana. Olga Glidewell. Pat Savage. Tom Strehlow

EXECUTIVE & GRAND jURY HANDBOOK

LA W & JUSTICE

Maynard Enos. Chair

Tammy Davis. Charles Evans. Walt Hoffmann. Orion Onniston . Pdt Savage

MAMMOTH LAKES, TOWN OF

Tom Strehlow, Chair

Tom Christiana. Tammy Davis. Gregg Martino . Pat Savage

MAMMOTB/ YOSEMITE AIRPORT

EL Maner, Chair

Tammy Davis. Keith Dwyer. Walt Hoffmann. Gregg Martino

PARKS, RECREA nON & PUBLIC WORKS

Richard Dawson. Chair

L yn Haber

GRAND JURY COMMI'Iwl'EES

~ DING, PLANNING & ENVIRONMENT

Richard Dawson. Chair

Tom Christiana. Mitch Janoff. Orion Onniston

EDUCATION

Olga GlideweUC, hair

Mitch Janoff. Lynda Thompson

Tom Strehlow, Chair

Gregg Martino

HEALTH & HUMAN SERVICES

Tammy Davis, Chair

Tom Christiana. C harlesE vans. L yn Haber

Lyn Haber. Lynda Thompson

SPECIAL D ISTRI crs

Charles Evans, Chair . Walt Hoffmann. Orion Ornliston. Pat Savage

13

14

An important function of the grand jury is to respond " to citizen complaints. Any area

residentw ho has knowledgeo f deficiencieso r improprietiesi n l~ government- - Mono

County, ~ Town of Mammoth Lakes, or Special Districts - can file a fOlmal complaint

with the grand jury. If the complaint falls within the purview of the grand jury, an

investigation will be initiated by one of its standing committees. Results of all committee

investigationsa re presentedto the entireg randj ury for concurrence.

To file a legitimatec omplaintf or considerationb y ~ grandj ury, submit a dateda nd

signed letter to: Mono County Grand Jury, P. O. Box 1037, Mammoth Lakes, CA 93546.

This year, the grand jury concluded an ongoing investigation from last year's grand

jury, and considered3 1 new citizen complaints. a the complaintsr eceived, severalw ere

detennined to require no action; one was deemed beyond the grand jury's jurisdiction; and

the othersw ere investigated. S hownb elow are the complaintsr eceived:

# 99- 02A, # 99- 028, # 99- 03, # 99- 04:

Ongoing investigation from 1999- 2< XX> grand jury regarding concerns ~ t the

relationship between the Town of Mammoth Lakes and the development and operation of

the Mammoth/ Y~ mite airport. Upon conclusiono f the investigation, an Interim Report

was published.

# 00- 01:

Complaint regaIding alleged failure of County auld Protective Services to properly credit

child- support J: 8yments. ReferI" ed to Administrative/ AuditlFinance committee.

# 00- 02:

Complaint that a Town of Mammoth Lakes employee was not a United States citizen and

had not beene mployeda ccordingt o applicablela ws. Referredt o Town of MammothL akes

commi ttee.

# 00- 03:

VerOOal llegationst o grandj ury memrer that Town of MammothL akes housing elements

were improperly modified. No action would be taken unless written specifics regarding

purported improper action were provided. None fordlcoming. therefore no action taken.

# 00- 04:

Request by memrer of Marin County grand jury to look into Mono County's long- term

health- care provisions. Referred to Health & Human Services committee.

# 00- 05:

Complaint of purported collusion between fonner

fonner Mammoth Lakes Ctown employee regarding

District Attorney's office for review and handling.

# 00- 06: :

Second complaint from ~ n filing Complaint # 00- 01 regarding

dealt with in pending lawsuit in Alpine, County. No action taken.

~.,

CITIZEN COMPLAINTS

managear nd

Refened to

Mammoth Lakes town

settlement of lawsuit

claims already being

IS

# 00- 07:

Third complaint from person filing Complaint # 00- 01 regarding alleged improprieties by

County Child Protective Services employees. Referred to Administrative/ Audit/ Finance

committee.

# 00- 08:

Complaint that Mammoth Lakes F\> lice De~ ent intentionally interfered widt

Oktoberfest Investigated by Law and Justice committee and found to have no 00sis.

# 00- 09:

Complaint regarding allegations of improper handling of various incidents by the Mono

County Sheriffs Depal1ment Referred to Law and Justice committee.

# 00- 10:

Complaint regarding operations of oottled water plant in Benton. Refen'ed to County

Counsel and detennined it would re handled by Tn- Valley Groundwater District.

# 00- 11:

Complaint by fonner employee of Mono County Sheriff's Det: lU'tment regarding

h~ tile/ unpleasant work envirooment Referred to Law and Justice committee.

# 00- 12:

Complaint l'egaroing possible conflict of interest between

Healthcare District. Referred to Special Districts oommittee.

# 00- 13:

Complaint regarding improper attempt by individuals of Mono County Sheriff's

De~ ent to influences entencingo f six- time DUI offender. Referredt o Law and Justice

committee.

# 00- 14:

Complaint regarding additional alleged improprieties in the Mono County Sheriff's

Department RefelTedto Law and Justicec ommittee.

# 00- 15:

Complaint regarding alleged violation of Mono County General Aan by new hangar

construction at MammothN~ te AifJX> rt. RefeJTedt o Mammoth/ Y~ mite AifJX> 11

rommittee.

# 00- 16:

Complaint that there is no systematic

Adrninistrative/ Audit/ Finan~ c ommittee.

# 00- 17:

Complaint regarding pUfJX> rtevdi olations by three different County Child Protective

Services delDrtments. Referred to Health & Human Services committee.

# 00- 18:

Complaint dJat Mammoth Mountain Ski Area violated various USFS pelmit requirements.

Determined to be beyond the jurisdiction of grand jury. No ~ tioo taken.

employeea nd Southern Mono

evaluation of de~ ent heads. Refen'ed to

16

# 00- 19:

Fourth complaint from person filing Complaint # 00- 01

to Administrative/ Audit/ Financceo mmittee.

1100- 20:

Complainta lleging purported violationso f tapingt elephonec; o nversationso ver four " j~

ago by current employees of Mono County Sheriff's Department Refenro to District

Attorney for review. No action taken.

# 00- 20A:

Complaint regarding purported improper and hostile working conditions in the Mono

County Sheriff's Department RefelTedto Law andJ usticec ommittee.

# 00- 21:

Complaint regarding the delay in moving the Benton Transfer Station. Referred to Public

Worb Department. Matter resolved.

100- 22:

Fifth complaint by

Finance committee.

# 00- 23:

Complaint that the Mono County Sheriff's De} mbnent improperly placed an employee on

extended paid administrative leave. Investigated by Law and Justice committee and

detennined to have no merit

100- 24:

Complaint from concerned victim alleging improper handling of Peeping Tom complaint by

Mono County Sheriff's Department Referred to Law and Justice committee.

# 00- 25:

Copy of internalm emonmdumf rom MammothL akes Police DeJBftrnendt e~ ve to chief

regardingi ncidento f purportedl ~ k of cooperationb y Mono County Sheriff's Department.

RefeITedto Law and Justicec ommittee.

# 00- 26:

Complaint alleging improper use of County fax machine on County time by employee of

District Attorney's office. RefeITedto District Attorney for further review and handling.

# 00- 27:

Complaint alleging possible violation of confidentiality laws by memrer of Eastern Sien- a

Unified SchoolD istrict in August 2( XX) R. eceivedla te in term; refeITedt o next grandj ury.

# 00- 28:

Complaint regarding car listed for sale parked in Mammrnoth Lakes Police Dej: mtment

parking lot No action taken.

# 00- 2.9:

Complaint contending Mono County Sheriff's Depirtment improperly handled matter

violatedh is civil rights. Receiveda t end of teI111re; felTedt o next grandj ury.

,.

regarding similar issues. Refen'ed

person filing Complaint # 00- 01. Referred to Administrative/ Audit/

and

17

# 00- 30:

Complaint regarding the methoo of handling building pennits in Mono County.

too late; referred to next grand jury.

Received

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COMMITTEE REPORTS

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20

ADMINISTRATIVE, AUDIT & FINANCE COMMI'IYI'EE

L yn Haber, Chair

Tom Christiana. Olga Glidewell. Pat Savage. Tom S1rehlow

AUDIT

BACKGROUND

An audit review is a mandatory function of the grand jury. This ccmmittee oonducted

reviews of dle Mono County A\ Ktit Report, ManagemenRt eport and Single A\ Ktit Report

for ~ fiscal year ended June 30, 2000, p~ red by Sartig, Basler and Ray, CeI1ified

public accountantsa nd managemenat msultants.

FINDINGS

1. The audita' found that in all material respects, Mono County has amplied with

the requirementsth at are applicablet o eacl1o f its maja: federalp rogramsf or the year ended

June 30, 2000. No matters involving the internal oontrol over ampli~ and its oper'atioo

were consideredto be material wea~

2. The auditor reviewed tl£ internal oontrol structure, highlighted ~ veral pnblem

areas, a nd includedr ecommendationfso c rorrectioost hatw ould help to strengthenc altrols

and proceduresT. he managemenrte sponsesg iven by the County Administrative om=- to

the rerommendatioos appeared k> be positive, and apparendy a majaity of dJe

recommendationws ill be implemented.

3. Staffing and training in ~ Auditor- Cootro1ler'so m~ remain a problem. The

deJmI'tmenist unablet o attracte noughq ualified andt raineds taff in the Bridgeport offi~.

4. The auditr eportt ook too long to rompletea ndw as receivedb y die Countyt oo

latet o beu seda sa helpfult ool in planningth ec omingy ear.

RECOMMENDA nONS

1. It is strongly recommendedd Jat~ CAD maintainh' is personal supervision of all

departments o newly implementedp roceduresa re canied out and the deJXU1mendtso not

fall back to previous acoounting practices.

2. Again, as recommendedb y the previous grand jury. consideratioo should be

given to splitting or moving the Auditor- Controller offire from Bridgeport to Mammdh

Lakest o gain 8( Xes8to a larger pool of qUalifiedp eoplei n the Mammoth area.

21

COUNTY OF

REPORT, SINGLE

MANA G EMENT

MONO

AUDIT REPORT &

REPORT

3. A " PersonnelM anagemenOt fficer" should be funded and filled by the County to

free the CAO's time and improve personnerl elations.

4. The audit should be completedin a timely fashion.

TOWN OF MAMMOTH LAKES, CALIFORNIA

COMPREHENSIVE ANNUAL FINANCIAL REPORT

BACKGROUND

In past years, dte grand jwy directed its attention to audit reports for Mono County

only; however, at dte recommendationo f die 1999- 2( xx) grand jury, die Adminiswtive,

A\ Ktit and Finance ( X) II1mjtteael so reviewed an audit report for the Town of Mamm~

Lakes.

FINDINGS

1. Probably d1e greatest single defect of the Town of Mammdh Lakes'

ComprehensiveA nnual FinancialR eporti s d1atM oss, Levy and Hart2heim, t he CPA fnm

perfOmling d1e audit, took too long m complete it The Town's fiscal year ended June 30,

2000. While the Sept 28, 2000, dateo n the independenat uditor's report regardingi nternal

oontrol ( p. 41) would seemt o imply an earlierc ompletiond ate, ~ ComprehensiveA nnual

Rnancial Report, including ~ IndependentA uditor's Report, was not returned 10 the

Town until March 2001.1be tardy production of the fiscal- year- end fmancial report tends

m compromise its utility as a timdy review of the Town' s perfonnan~ during dJt; previous

fiscal year and as a forecastingt ool in tOOb udgetp rocessf or the fiscal year startingJ uly 1,

2001.

3. The Town has filled a number of vacant administrative positions ( e. g., town

manager, finance director, ~ urer) dJat fonnedy, albeit tem} X> rarily, had been

administeredb y the actingt own managera, nd d1erebyh as effected more consistenti nternal

controls and more timely reporting.

4. Although moo issueso f Town financial } X> licya re comprehendedin statec odes

and town ordinances, d 1ereis no single written collectioo of Town } X> licies, f mancial or

od1elWisef, o r ready referencea crossa ll departmentso f Town govemmenl

RECOMMENDA nONS

..::

1. The Town should engage a CPA rum

report in a ma- e timely mann~.

22

!'

capable of producing itS annual financial

2. The Town should look for ways to make its annual fmancial report and, for that

matter, all of its financial reports, including its annual budget, more readily intelligible to

the general public.

3. The Town should ooll~ all of its various policies into a single reference for ttM::

useo f all deJEl'tmentosf Town governmenat nd die generalp ublic.

COMMENDA nONS

The Administrative, AOOit and Finance cx: mmitteee xtends oommendationst o dx:

town manager, t he town cl erk, and the town finance directorf or their capabel assistance.

BACKGROUND

The Administrd. tiveA, udit and Financec ommitteer eceiveds everall~ tterso f complaint

(# 00- 01, # 00- 07, # 00- 19, # 00- 22) from a single individual regarding her dealings with

various Mono County agenci~ and delBftlnents.

1. CO~ INr: Complainanwt as orderedt o } BY S1 ,655.00a s her JX> rtion of

attorney costs in Mono County Superior Court Case 111771, and paid the stated amount to

d1e Mono County Superior Court. When she requested documentation showing that the

Court had plooperlya edited her } Byment, s hew as unablet o obtain verification.

ANDING: The canmittee investigated this issUe and found dmt ~ Mono

County Superior Court paid d1e attorney a tA: Dl of $ 5,952.50 for his selVices in Case

111771, and that complainant's } Byment of $ 1,655.00 was received by the Court and

properly credited.

2. CO~ Nr: Complainant stated dJat oourt order

never issued.

FINDINO: The ccmmittee oontacted the Mono County Superior Court and was

infonned that the judge decreed an " Order After Hearing," which was p'epaJM by the

attorney and signed by the jooge.

3. COMH.. AINr: Complainant alleged dJat the Family Support Division of die

hMeorn, bou Ct nooutn ftryo mDi shterirc et xA- thtoursnbeayn'sd office was < Xmmittingf raud by colle. cting funds fran

FINDINO: The ammittee reviewed the documentationp rovided by the Family

Support Division and agreed widt the District Attorney's office in the matter of

disbursementas nda llocations. T he committee and the DA believe that tx> tb parties were

treated in a fair and equitable ~~.

4. COl\.. m.. AINI': Complainant ~ uested confmnation that her ex- husband was

being held accountablefo r his p> rtion of Court- orderedfe es'.

CITIZEN COMPLA. INTS

stipulating J8yments was

23

FINDING: The paymento f Court- orderedfi nes, fees and reimbumementso f

expenses incurred by die Court is detennined solely by a judicial officer based on die

individual financial circumstanceos f eachp ayee. T he committeev erified that oomplainant's

ex- husbandw as paying his portion of die Court- orderedfe es at the rate of $ 50 per month.

Payments commenced < Xl 1, 2000. Mono County Superior Court reoords indicated that as

of Jan. 30, 2001, his account was CUD'ent

S. CO~ INr: Notingt hata staffm embeor f theM ono CountyD istrictAttomey's

office is the brother- in- law of the oomplainant's ex- husband, complainant stated that she

thoughtt he family relationshipc reateda oonflict ofinterestfCKt he DA's office.

FINDING: After investigation, d1e District Attorney's office did not amcur widt

complainant's perceptim of a conflict of interest and, therefore, did not assign

complainant's applicatim for child support under changed circumstances to another

agency. The complainant's applicatim was granted following a meeting Sept. 27, 2( XX).

6. COl'v1H. AINr: Complainanct laimedt hat Mono County Child Protective Services

( and two employeesin particular) w ere guilty of misconducta nd sought disciplinary actim

against them.

FINDING: Having reviewed the particulars of the settlement betw~

complainant and Mmo County, the ccmrnittee judged it would be ma- e constroctive to

review the policies and procedureso f Mono County Child ProtectiveS ervices with a view

toward preventing similar tragedies in die future. The ccmmittee conducted extensive

interviews with d1e Directa' of Social Services fa- Mono County. The ~ of Scx: ial

Services gave the canrnittee many specific examples of the de~ ent's efforts to improve

its procedures and the training and supervision of its staff, assuring ammittee members

that the departmentis indeedm akinge verye ffort to improve its perfonnan~.

CONCLUSION

The Administrative, A\ XIit and Finance ccmmittee received complete oooperatial and

full disclosuref rom eacl1o f d1ed eparbnentsa nd agenciesin volved: Mono. County Superior

Court, Family Support Division of the Mono County District Attorney's office, and Malo

County Depu1ment of Social Services. The ccmmittee is confident that complainant's

concerns have been addressed and resolved in a fair manner. Additionally, each

department and agency is making every ~ sible effort to improve its performance.

24

BUILDING, PLANNING & ENVIRONMENT COMMI1wfEE

BACKGROUND

The Building, Planning and Environment ccmmittee received one letter of

regarding the method of handling building permits, during this term.

FINDINGS

The complaint was received too late in the tenn.

RECOMMEND A nONS

The complaintw ill be refen" edto next gmndj ury.

Richard Dawson, Chair

Tom Christiana. Mitch Janoff. Orion Ormiston

complaint,

2S

26

BACKGROUND

The Education committee

Two verbal complaints were

inquiries.

1. There were concerns voiced by parents early in the 2CXX>- Oslc hool year regarding

the location of the continuation school of the Mammoth Unified School District

2. A ~ nt on the grand jury was unawareo f the consequenceso f removing his

child from Mammoth High School for an extended period of time. This action would have

an adversee ffect on the student'sa cademics tanding. T he ~ nt further statedh e had never

receivedt he MUSDpolicy on criteria for excuseda nd unexcuseda bsen~ from school.

3. The committee reviewed financial records of the Eastern Sierra Unified School

District

FINDINGS

1. Further investigation revealed that concerns about the continuation school were

not basedi n fact Rumorst hatt he schooli s locatedo n the elementarys chool campusw ere

simply that -- rumors. The continuation school is located on the middle school/ high school

campus. In addition, knowing that a better facility is needed, MUSD is including the

continuation school in its new complex cun- ently under construction on Meridian

Boulevald, across from the present facility.

2. The MUSD superintendent'os ffice was contacteda nd it provided 30 pageso f the

State of California Education Code. The first plge of this document states the following:

" Absencef rom school shall be excusedo nly for health reasons, f amily emergenciesa nd

justifiable personal reasons, as permitted by law, ~ policy and OOministration

regulations" ( Education Code 46010,48205,48216). A follow- up was made with MHS

PrincipalM ichael Oldhamf or additionale xplanationo n the ~ S specificp olicy.

Last year the Stateo f Californias teppedin and changedth e policy. Independenst tudy

is not allowed for unexcuseda bsencesb, ut at MHS, a teacherh as the choice to allow or

disallow makeupw ork: a) Teacherw ill give the studenti ndependenst tudy; 2) If the time

period away is going to be too long, or the student is already too far behind, student will be

assigned to the Sien- a High School, which does not offer honors classes; and c) Some

honors class teachers believe that missing seven to 10 days of intense lecture and class

participation can not be made up with alternative assignments.

At the beginning of the school yf; art all high school studentsa re given a handbook

and a letter with all school rules and policies. The students and parents are required to sign

and return it to school. The participation of the parent and the student in signing the

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EDUCA nON COMMIlyTEE

Olga GlideweU, Chair

Mitch Janoff. Lynda Thompson

received no fonnaI

submit~ and tIK:

written romplaints

committee decided

during this tenD.

to make further

infonnational letter and JX> licay t the beginningo f the schooly ear shouldb e sufficient in

making the IXIfenta wareo f options. It should be the resJX> nsibilitoyf the ~ nt to have

direct contactw ith teacherso n their individual JX> liciepsr ior to planning trips out of town.

3. Financial records for the Eastern Sien- a Unified School District adequately reflect

disbursement of funds in all categories. Widl some very minor exceptions, all cash

handling proceduresa nd financial reJX> rtinpgr oceduresw ere followed and complied widl

state requirements.

RECOMMENDATIONS

No recommendations.

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EXECUTIVE/ GRAND JURY HANDBOOK COMMIrl~ l'EE

BACKGROUND

Poocyhe ara t the time of the impanelmenot f a new grandj ury. incomingj urors receive

a Grand Jury Handbook (" Handbook") setting forth the duties. obligations and procedures

of operation of a grand jury. During the course of this year. it was discovered dIat certain

changesc ould be madei n the operationso f the grandj ury so as to make it more efficient.

more professional and less likely to review and investigate matters d1at had already been

examined by the previous grand jury. .

FINDINGS

1. The procedurea s to how to conducti nvestigationsw as not clearly set forth in the

Handbook.

2. Becausep ast deliberationsa nd operationso f grandj uries are not passedo n to a

new grand jury. there is the possibility of overlap in investigations.

3. The economic disclosure obligations of a grand juror were not disclosed or set

forth in the Handbook.

RECOMMENDA nONS

1. Section 2 of the Handbook should be revised to suggest that the new grand jury

anange for a visit by the District Attorney at its first meeting to explain the proper

procedures for ronducting investigations, and the ability to utilize the DA's office in

ronnectionw ith any complicatedin vestigations.

2. The procedureso f the grandj ury should be changeds o dJate ach grandj ury pass

on to the incoming foreman the minutes of all grand jury meetings, copies of all complaints

received by the outgoing grand jury, and copies of all letters sent out by the outgoing grand

jury. Moreover, the chair of each grand jury ccmmittee should mret widt the new chair of

that same committee to provide an overview of the investigations, o~ rations and o~ n

issues of the outgoing committee. By proceeding as outlined above, dtere will be more

continuity from one grand jury to the next rather than have each grand jury stand alone. The

Handbooks houldb e reviseda ccordinglyt o ensuret hat this processis implemented.

3. All interviews regarding any investigations must be conducted by at least two

memberso f the grandj ury in attendanceI. t is, however, difficult for jurors to always meet

to conduct such investigations and interviews, and, thus, conference calls are necessary.

As a result, the grand jury should be provided widt a calling card to be used by jurors, and

a procedure should be spelled out in ~ Handbook as to how jurors should keep track of

such calls for billing purposes. "

Tom Strehlow, Chair

Gregg Martino

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4. ~ h grand juror should be advised at the outset that in order to sit as a member of

the grand jwy it is necessary for each juror to disclose and file with the County Clerk

certain financial and economic information. A copy of the form of disclosure should be

included as part of the Handbook.

S. The grand jury conducts investigations for the ultimate purpose of preparing a

report to be mooe public. It is important that the content of any report not be libelous or

slanderous, and it is also important that the interviews and investigations be oonducted in a

fair, truthful and impartial manner so as to avoid potential liability of a gmnd jury or any

juror for libel or slander. As a result, the District Attorney should explain to each new

grand jury the potential liability for libel and slander and the fact dJat the County

indemnifies the grand jury and its members from such claims provided ceI1ain guidelines

are followed. These guidelines should be explained fully to new grand jurors.

CONCLUSION

The nature of the grand jury is such that it is operated by common citizens of the

county who have no particular legal background. Yet, the gnmd jury conducts

investigations that ~ sometimes controversial, complicated and substantial. As a result,

theres hould be moree ffort given to educatinge achju ror so that the grandj ury can conduct

its investigations properly, fairly, im~ aIly and within the proper confmes of the law.

This grand jury believes some of the changes outlined above will assist in such effort, but

more needs to be done to educate each juror in the methods and types of issues that the

grand jury should investigate.

30

HEALTH & HUMAN SERVICES COM: MI'fyrEE

BACKGROUND

The Healdl and Human Services ccmmittee received one letter

letter of complaint. a nd onev erOOclo mplaintd uring this tenD:

1. A letter of suggestion (# 00- 04) was received from a grand juror of another

California county regarding elder care in California. The letter alleged a l~ k of planning for

the future increase of the long- tenD care resident population in California, and

recommendeda concerteda dvocacyb y California grandj uries for a changei n the state's

Division of Aging policy. The letter cited an approach taken by the state of Oregon, and

urgedt hej ury to recommendin its reportt hat California look at the Oregonm odel.

2. A letter of complaint (# 00- 17) was received from a Benton resident concerning

purported violations of Mono County Child Protective Services and two County CPS

agenciesin the stateo f Nevada. T he letteri tself revealeda n ongoing investigationb y one of

the Nevada counties.

3. A serieso f verbal complaintsr e{: eivedb y a juror alleged possible malfeasancein

office by a Health and Human Services de~ ent head. Though the allegations were

serious, no complainant wished to come forward or submit the complaints in writing.

FINDINGS

1. The letter and infonnation (# 00- 04) regarding the long- term care ( X> licy of

California was discussed, and it was d~ ided the matter warranted no direct action by this

jury. The letter mentionedt he passageo f AB 452, establishinga Long- tenn Care Council

in the state of California. The " Oregon m< xiel" JDper was folWarded to Marilyn Berg,

Social Servicesd epartmenht e&!.

2. The committeed iscussedth e lettero f complaint( # 00- 17) againstt he Mono County

Child Protective Services, and it was decided that in light of the ongoing investigation, the

jury should take no action at this time. .

3. The C< mmitteed iscussedth e verbala llegationso f malfeasancein office by a Health

and Human Servicesd epartmenht ead. a nd decidedt hat the issueso ught to be brought to

the attention of the County. Lacking anything but hearsay evidence given to one juror. no

official jury actionw as undertakenI. t was decidedi n a regularj ury meetingt o draft a letter

to the CA 0 detailing the complaintsa nd suggestinga County response.

4. The committeec onductedin terviewsw idt Healdta n4 Human Servicesp ersonneli n

accordancew idt PC 928. The following four de~ ent heads were interviewed: a ) Oil

Graham, E mployersT rnining ResearchD epartmentb; ) Tom Wallace, director of d1eM ono

County Mental Health Departmentc; ) lyfarilyn Berg, director of the Mono County Social

Services Department; and d) Jack Bertman, MO, Mono County Healdt Officer.

Tammy Davis, Chair

Tom Christiana. Charles Evans. LYn Haber

of suggestiono. ne

31

5. The overall findings of the committeeb roughtt o light some areaso f conflict, along

with several exampleso f cooperationb etweent he three main departmenmth at make up

Health and Human Services. The conflicm primarily related to funding. The three

departmenme ach receivec ounty, statea nd federal funds for the various programs they

administer. The Health De~ ent seems to end up with funding shortfalls that are in ~

made up by various types of fund transfers of state or federal money out of the other two

departrnenmT. he jury recognizest hat County budget demandsn ecessitateth ese types of

transfers, and is concerned only that the end result of fiscal manipulation does not

adversely impact any of the end- users, the citizens for whom the various programs are

designed. Qt the other side, it was noted that the three de~ enm cooperate well on

various overlapping programs; e. g., the Children's System of Care.

RECOMMEND A nONS

1. It was learned early in the interview process that the County is committed to joining

the three separated epartmentsin to a single Health and Human Services department The

jury supports this move by the County, but strongly recommends an administrative

professionalb e sought from the outside to headt he combinedd epartments. I t is believed

that the resulting super- departmenwt ould be best headedb y a person with managerial,

budgeta nd audit expertiser athert hana professionailn any of the various HHS fields.

2. Regarding the Bridgeport Hospital, it is recommendedth at the County seek a

smaller building for the clinic operations. The present facility is under- used by the clinic

and the Health DepartmentB. ecauseth e older architecturem akest he building expensivet o

heat in winter, it may be more efficient to ~ tion the facility for multi- use by other County

agencies. A lso, it would help to encl~ e someo f the large open glass walls to red~ heat

loss.

3. The salary disparity between similar state and county positions. within the three

de~ en~ is a causeo f employeed iscontent It is recommendedth at the County look into

ways to bring aoout a more equitable pay schedule.

4. It is believed that the County could improve the efficiency of department operations

by instituting regular outside audits of eacl1 department The combined revenues and

expenditureso f the three departmentsis the largest in the county. It makes good fiscal

senset o conductr egularly scheduleda udits.

5. It is ~ mmended that d1e County institute a regular evaluation system for all

de~ ent heads. A regular evaluation can be a constructive tool for leadership, and

should includei nput from all de~ ent employeesin a way that would ensuret heir candid

contributions.

6. The overall impression is that the Healdl and Human Services de~ ents are

administeredb y capablep eoplew ho are professionalsi n their fields of expertise. T here is

room for improvement, h owever, in die cohesionb etweent he separatee ntities. A look at

combining similar programs and tasks within the departments could result in a greater

savings to the County.

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