TABLE OF CONTENTS

INTRODUCTION

Final Report Filing Decree 1

Foreman's Letter 2

Functions ora Civil Grand Jury 3

Grand Jury Members & Advisors 4

Grand Jury Committees 5

Correspondence & Complaints from Citizens 6

COMMITTEE REPORTS

Administrative S

Audit & Finance 13

Building, Planning & Environment 14

Education IS

Health & Human Services 20

Law Enforcement 21

Parks, Recreation & Public Works 24

FINAL REPORT CREDITS

Cover design: Mammoth Lakes High School Computer Class

Production: C. D. Ritter and Cindy Silvennan

INTRODUCTION

IN THE SUPERIOR COURT

10

11 RE:

12 2002- 2003

13

1.

15

l' certify that the

1' 7 with Title Four

18 County Clerk to accept

19

20

21 this ~~ day

22

23

24

26 of

27

28

OF THESTATE OF CALIFORNIA

IN AND FOR THE COUNTY OF MONO

GENERAL ORDER

Grand Jury

2002- 2003 Mono County Grand Jury Final Report

the Penal Code and direct

and

of California

file the report as a public

of July, 2003.

Superior Court

1.

THE MONO COUNTY GRAND JURY

State of California

P. O. Box 1037, Mammoth Lakes, CA 93546

Foreman

Dennis Erdman

July 9, 2003

The Honorable Edward Forstenzer

Presiding Judge of the

Mono County Superior Court

Dear Judge Forstenzer:

Enclosed is the Final Report of the 2002- 03 Mono County Grand Jury.

I want to take this opportunityt o expressm y appreciationto the memberso f the 2002- 03

Grand Jury for their efforts during the past year. As you will see in the following report, a

number of issues came before the Grand Jury, were reviewed and reports prepared with

recommendationisn manyc ases.

In particular, I would like to thank the secretarieso f the GrandJ ury, Ceal Gargana ndP am

Maupin, who provided a valuable and important service in keeping track of the events and

proceedingso f the GrandJ ury. Also thankst o the committeec hairmenw ho handledt he issues

assignedto their committeesa ndo versawt he preparationo f the final reports.

A speciala cknowledgemenist due to GrandJ uror CarolynS mith, whoseM ammothH igh

Schoolc omputerc lassd esignedth e front cover of this report.

Members of the County Counsel's office and staff members of the Superior Court also ably

assistedth e GrandJ ury. Cindy Silvermana ndB ob Dennisw ere helpful to the GrandJ ury as

well as C. D. Ritter, who prepared the final draft of this report.

Throughoutt he following report therea rer eferencesto the 911 emergencyc all system. The

Grand Jury believes it is very important for this system to function without failure. We trust

the governmentaal genciesre sponsibleto over seet his systemw ill take the stepsn ecessaryto

assureth e integrity of the system.

Sincerely,

Dennis A. Erdman, Foreman

Mono County Grand Jury 1002- 03

2.

THE FUNCnONS OF 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 variouss peciall egislatived istricts. The purposeo f the investigationsa nd

reviewsi s to assureth at therei s honest, e fficient and effectiveg overnmentin the besti nterests

of the citizenso f the county. Grandj ury duties, p owers, r esponsibilitiesq, ualificationsa nd the

selection process are set forth in the California Penal Code Section 888 et seq.

The Mono County Grandj ury reviewsa nd evaluatesp roceduresm, ethodsa nd systemsu sedb y

County and Town departmentsto determine( a) whethers uchs ystemsp, roceduresa nd methods

comply with the statedo bjectiveso f the departmentsa, nd ( b) if the departments'o perations

can be made more efficient and effective. One of the ways that the grand jury conducts its

investigations is by responding to complaints received from the citizens of Mono County

regarding problems or issues with the various governmental agencies of the county, special

districts, or the town of Mammoth Lakes. Thus, for the grand jury to be truly effective, it is

necessaryfo r the citizenso f the countyt o becomei nvolved.

The members of the grand jury are average citizens from throughout Mono County. The

members are selected based upon their willingness to volunteer their 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 membersa re sworn to secrecy. Law requiresa ll mattersd iscussedb efore

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 reports

contained in the Final Report are prepared by each of the individual committees, and once

approved by the particular committee, are then reviewed, edited and ultimately approved by the

entire grand jury. Then the Final Report is approved by the presiding judge of the Mono

County Superior Court.

3.

GRAND JURORS AND ADVISORS

ACTIVE JURORS

Steve Allnutt, Mammoth Lakes

Gordon Alper, Mammoth Lakes

Ron Black, June Lake

Denise Boucher, Mammoth Lakes

Philip Cardan, M. D. Mammoth Lake

Kelly CashmanL, ee Vining

John Elliott, Coleville

Dennis Erdman, Mammoth Lakes

Cecilia Gargan, Benton

Pamela Maupin, Mammoth Lakes

Mary Meinhard, June Lake

Rick Mitchell, Chalfant

Tony Salazar, B ridgeport

Carolyn Smith, Mammoth Lakes

Doris SpencerC, oleville

Sally Stoltzfus, Mammoth Lakes

s

RESIGNED JURORS

Marcia Holley, Mammoth Lakes

Boyd Lemmon, Mammoth Lakes

OFFICERS

Foreman: Dennis Erdman

Foreman: Pro Tern Tony Salazar

SecretariesC: eal Gargan& PamM aupin

ADVISORS

Presiding Judge of the Superior Court: Edward Forstenzer

District Attorney: George Booth

Court Executive: Officer Bob Dennis

County Counsel: Marshall Rudolph

Deputy County Counsel: Stacey Simon

Administrative Assistants: C. D. Ritter & Cindy Silvennan

4.

BUILDING, PLANNING & ENVIRONMENT

PARKS, RECREAllON & PUBLIC WORKS

GRAND JURY COMMITTEES

AD MINISTRA TIVE

AUDIT & FINANCE

EDUCATION

HEALTH & HUMAN SERVICES

LAW ENFORCEMENT

s.

THE GRAND JURY 2002/ 2003

CORRESPONDENCE AND COMPLAINTS FROM CITIZENS

Eachg randj ury receivesn umerousc ommunicationsfr om citizens, c ivic groupsa nd

governmente mployeesre latingr eal or fanciedg rievances. A lthough the PenalC oded oesn ot

assignt he grandj ury dutiesa s ombudsmant, h ej ury can and frequentlyd oesl ook into

complaints as part of its watchdog duties. Some complaints will be without merit and others

will concern matters over which the grand jury has no jurisdiction. All complaints, except

those originating with the District Attorney or the Court, should be submitted in writing and

signed. If the complaint falls within the purview of the grand jury, an investigation will be

initiated by one of its standingc ommittees. R esultso f all committeei nvestigationsa re

presentedto the entire grandj ury for concurrence. I f the complainti s outsidet he grandj ury's

purview, it may be forwarded to County Counsel, a Superior Court judge or the District

Attorney.

Any citizen who wantst o file a legitimatec omplaintf or considerationb y the grandj ury

should submit a dated and signed letter to: Mono County Grand Jury, P. O. Box 1037,

Mammoth Lakes, CA 93546.

This year the grand jury received two carry- over complaints from previous years, one was

connectedto an internal investigationi n regardt o the 911 systemsa nd is still in progress; t he

other was referred to the District Attorney. Shown below are the complaints received. The

resultso f thesei nvestigationsc anb e found in the individual standingc ommitteer eports.

# 02- 01: Carry- over

# 02- 02: Ai. etterc ontendingu nethicalp roceduresw ithin the EasternS ierraS chool

Referred to Education Committee.

# 02- 03: A letter requestingin foI1Ilationa bouta vailables eniors ervicesin Mono County.

Referredt o Health andH uman ServicesC ommittee.

# 02- 04: Request for the possibility of a family- visiting room at the jail. Referred to Law and

Justice Committee.

# 02- 05: An unsigned letter requesting an investigation of possible drug users. Referred to

District Attorney.

# 02- 06: A letter of complaint about an architectural matter. Refen- ed to Law and Justice

Committee, and then to the District Attorney.

# 02- 07: Was 00- 12/ 01- IO- An unsigned letter asking for an investigation into a possible

conflict of interest at Mammoth Hospital. Referred to District Attorney.

for Grand Jury help for an ongoing family dispute.

6.

# 02- 08: A request

Attorney.

regardingdisas: terpla. n, nowconnectedto # 02- 14 ( I).

District.

Refen- ed to District

# 02- 09, # 02- 10: Received from same complainant in regard to the court system. Referred to

Law and Justice Committee.

# 02- 11: Complaint in regard to the court system. Referred to Law and Justice

Committee.

# 02- 12: Complaint in regard to the court system. Referred

# 02- 13: Mammoth Lakes Contractor YS. Mammoth Lakes Planning Department. Referred to

Town of Mammoth Lakes and Building and Planning committees. ( referred to 03- 04

GJ)

# 02- 14: Question in regard to street signage, a ddressesa nd road identification along with

responsibility for the 911 systems. Referred to Parks, Recreation and Public Works

Committee.

# 02- 15: Complaint about the conditions in the Mono County jail. Referred to Law and Justice

Committee.

# 02- 16: Letter of inquiry aboutt he grandj ury system. Responses ent.

# 02- 17: Letter about information delivered to local law enforcement. Out of grand jury

jurisdiction. Responses ent.

# 02- 18: L etter in regardt o appealsp rocess. O ut of GrandJ uryj urisdiction. Responses ent.

# 02- 19: Requestf or inquiry into proceduresin a SpecialD istrict. Referredt o Parks, R ecreation

and Public Works Committee. ( referred to 03- 04 GJ)

# 02- 20: Letter in regard to court system and claim of innocence. Out of Grand Jury

jurisdiction. Responses ent.

# 02- 21: Copy of letter sent to Board of Supervisorsa sking for an appearanceb efore Grand

Jury. Out of grandj ury jurisdiction. Responses ent.

# 02- 22: Letter asking for help with a code compliance problem. Out of the province of the

grandj ury. Responses ent.

to Law and Justice Committee.

7.

c0 MITTEE

REPORTS

INTRODUCTION

The Administration Committee studiest he organization~ e fficiency of operation and any

other similar matterst hat affect county government~ to wn governmenta nd/ or speciald istricts.

It providesa grandj ury observera t Board of Supervisorsm eetingsa nd at specialm eetingsa nd

reportsa ll significantt ransactionsto the grandj ury.

BACKGROUND

1. An interview was conductedw ith the Sheriff regardingt he 911 emergencyc all system. A n

issue had surfaced regarding the possibility of selective responses by the Sheriff's

department to 911 calls, particularly in the North County. Selective response suggests

" flagging" of chronic callersf or less- than- promprte sponses

( coveredu nders eparatere port).

2. Some grand jurors questionedt he accuracyo f phone numberst o addressesin the 911

system.

3. An interview was conducted with the Public Works Director to obtain a general, overall

view of policy and proceduresin the departmenwt ith somee mphasiso n the useo f and/ or

need of technology.

4. Anin' tervlew was conductedw ith the

same purpose as that of Public Works.

S. A requestw as receivedt o approacht he Board of Supervisorsto inquire and requestt hat

the " Opportunity for the Public to Address the Board" be moved from the beginning of the

sessiont o the end in order to bettera ccommodateth e public.

6. Pursuant to the duties of the committee, a committee member was present at most Board of

~ u pervlsors meeting to observea nd,

grand jury.

FINDINGS

1. Selectedp honen umbersw ere " stiffed" into the 911 system, a nd in no casew ere any

" flags" found for each number brought up on the screen. The Sheriff and dispatch

supervisora dvisedt hat speciali nfonnation will surfacei n medical cases, w eaponso n site,

or propensity for violence in order that the responding deputy will be properly prepared

upon arrival. It is a state mandate that all 911 calls be handled based upon the nature of the

call.

The 911 system is overseen for accuracy of phone numbers to addresses by

which is under a state contract and paid to update the directory for the 911 system.

8.

ADMINISTRA nON COMMITTEE

Director of InfonIlation and Technology for the

when proper, report significant transactions to the

Verizon,

Our numbers submitted reflected some errors such as: " Way Ys. Lane," an address

showing 775 Ys. 779, and an incomplete street name. Most were accurate, but any

mistakesa re unacceptablew henp ublic safetyi s at stake.

3. The Public Works Department appears to function very well and within the policies and

procedures laid out for it. The director felt that he had a good working relationship with

the Board of Supervisors and the CAD. Technology is used as provided, and there is no

problem with it. It was stated that the department could and would use new or other

technologyw hen available, h owevert here appearsto be no motivation to look for new or

betters ystemsT. he statusq uo seemsto be acceptable.

4. During the interview with the Director of Infonnation and Technology it was stated that

some problems existed. The department could use one additional technician, as one

technician now dedicates 95% of his time to the Sheriff's Department. The wireless

system, over four years in the making, is not working properly therefore there is a

possibility of reverting back to wire. There are two areas which may be of concern: 1) A

long- term strategicp lan has not been fonnulated. U ntil accomplishedp, roper direction

and goals cannot be adequately addressed and, in effect, crisis management would

continue. 2) A backup system has not been obtained

in the event of hardware failure. The county has been without one for at least two years.

This was addressedin the Auditor's 2001- 02a nd 2002- 03m anagemenrte ports.

The request for a change in the " Opportunity for the Public to Address the Board" was

presentedo n 12- 3- 02a nd resultedi n an additionalo pportunityf or the public to addressth e

board at the beginning of the afternoon session.

5.

6. Regular attendancea t meetingsa nd scrutiny of the full board packet indicated that the

board complied with the Brown Act, was professionally administered and engaged both

staff and public input in the decision process. Subsequent reports to the grand jury

provided insight into our current governmental accountability. The CAO identified a

significant issue regarding an oversight in investment activity, and the board implemented

corrective action.

RECOMMENDA nONS

1. None

Verizon must be held accountablefo r its contract. P ossibly citizens could be advisedt o

call a central number to verify their number and/ or Fire, Sheriff and/ or volunteers could be

utilized for this essential emergency service. Someone must take the ultimate

responsibility for the correctness of the system; at present, no one is in charge. See

supplementarle port on 911 system.

2.

9.

3. A more imaginative approach to new

benefit the Public Works Department.

4. A long- terms trategicp lan shouldb e establishedim mediatelyb y Information and

Technology. A backup system in the event of hardware failure is imperative. This should

be a priority.

5. None

6. Maintain, as a priority, regular observation at meetings and scrutiny of board packets.

Provide follow- up with the Fiscal Review Board regarding the county's investment

activity.

ADMINISTRATIVE COMMITTEE ( Supplemental)

Issue: 911 Emergency Call System

The grand jury looked into the 911 emergency call system in Mono County after

learninga bout severali nstancesin which the systemw as reportedt o have not functionedi n an

efficient manner.

Background:

The Stateo f California, actingt hrought he Office of EmergencyS ervices, h as statewide

responsibilityf or the 911 emergencyc all system. T his office in turn relies on eachc ounty and

the emergency services office in the county to oversee and manage the 911 emergency call

system. In recent years there has been enhancement to the original system. These

enhancementsa re intended to give the responding agenciesm ore information about the

location from which a 911 call is placed.

The purposeo f the enhancementiss to provide for follow- up on a possiblee mergency

in the event that the caller is unable to speak, t he line is disconnectedo r perhapst he caller

needst o leave the line to render aid to a victim of a medical emergencyT. he enhanced9 11

( e911) system was first introduced to Mono County in 1997.

A well- functioning emergencyc all systemi s a partnershipb etweena numbero f parties:

Sheriff ( Mono One), Verizon, and first respondersI. n Mono County, the Sheriffs Department

handlest he emergencyc all center, w hich is part of the Central DispatchC enteri n Bridgeport.

The partnershipi ncludesV erizon, the communicationsc ompany( telephonec ompany) s erving

the majority of Mono County. On the responding end of the 911 system are the various law

enforcementa nd emergencys ervicew orkers from both fire departmentsa nd paramedicu nits

within the county. It should be noted that 911 calls placed via cellular telephone are received

by the Bishop Highway Patrol office and forwarded to the appropriate agency for response.

This addsa n additionalc omplicationt o the 911 system. F urthermorea, t this time, cellular calls

aren ot traceablet o the locationo f the caller.

and/ or changingtechnologym ay, in the long tenIl,

10.

Reported System Problems:

The grand jury became aware of several instances in which the e911 system did not

function as intended. In one reported case in June Lake, a man was suffering chest

pains and when the 911 call was placed to Mono One, the Dispatcher relayed the call to Medic

II with an addressf rom the databaseT. he Medics recognizedt he name of the party and also

recognizedt hat the addressg iven was incorrectb ecauseth ey had respondedto a recentc all at

that residence. They went to the correct location and found the patient in " full arrest." The

patientw as successfullyr evived, but if they had gonet o an incorrecta ddressfi rst, the outcome

may not have been the same.

Members of the grand jury toured the dispatch center in Bridgeport. Their radio call

sign is " Mono One." The dispatch center is located at the Jail Facility. The cornputer system,

communications system and other technology supporting the operation are relatively new and

in excellent condition. Members of the panel were given a demonstration of the e911 call

systerna nd the proceduresfo r handling a call were described. S everalt elephonen umbersw ere

queried to see if the correct addressw as associatedw ith the number. Of the five that were

checked four were correct and one was incorrect.

In order for the e911 system to function as intended, the infonnation contained in the

county database needs to be correct. The Sheriff's Department has reported that surcharges

collectedb y the various telephonec ompaniesin California for the e911 systema re distributed

by the State to the counties for help in maintaining and upgrading the e911 system. In Mono

County, Verizon was said to receive approximately $ 360,000 per year for this activity. One

purpose of this money is to keep and update the database of telephone numbers and

correspondingp hysicala ddresses.

In addition to getting the physical addressc orrect, t he first respondersn eedt o find that

address. In some cases, address numbers are not posted on buildings. Some streets have

addressesfr om different addressn umberings ystemst hat do not correspondw ith one another.

These are relics from the past that need to be corrected. In some cases, street signs are missing

due to auto accidents; snow blowing that covers the signs and some that were just never placed

due to being private streets or other reasons.

Findings and Conclusions:

The 911 system is a critical link in the emergency response to problems in Mono

County. Technology is available currently to enable the central dispatch in Bridgeport to

provide additional information to first respondersI. n somec asest, h e information in the system

is wrong, and in somec asesi t is missing. I n either case, t he lack of COlTecint formation could

compromise the efficient operation of the system and possibly lead to loss of life or property.

Recommendations:

It is thereforer ecommendedth at the Mono County Board of Supervisorsu ndertakea

review of the e911 system and assign responsibility for correction and improvement of any

deficiencies that are found. Furthermore, a method needs to be developed where updated

information is constantly fed into the database so that it is accurate at all times. If Mono

County through Verizon is getting a portion of the $ 140 million collected statewide for e911

11.

system improvements, Verizon should be compelled to show that it is spending that money

where it was intended to be spent. Code Compliance should be asked to check the addresses

postedo n property to seet hat the addressc orrespondsto the assignedc ounty system. County

Public Works or Code EnforcementO fficial should follow up to be surep roper addressesa re

displayed within county areas. The Town of Mammoth Lakes should also seek to develop

uniform streeta ddresss ystem.

The County Board of Supervisorsh as ultimate responsibilityt o assuret heses tepsa re taken

in the name of public safety.

12.

INTRODUCTION

The Audit and FinanceC ommittees electivelyr eviews the accounts, f inancial statementsa nd

audit reports of Mono County, any special legislative district, and/ or the Town of Mammoth

Lakes.

BACKGROUND

The committee reviewed the outside auditor's 2001- 02 and 2002- 03 audit reports and

managemenrte portsf or the county.

FINDINGS

The 2001- 02a nd 2002- 03a udit reportsr eflectedn o major concerns, h owevert he management

reports for both periods noted the absence of a backup for the county computer hardware

system thus reflecting at least a two- year period without one.

RECOMMENDATIONS

A major effort should be made to locate a compatible backup to the county system in order to

prevent possible serious problems in the event of a hardware failure. The county C. A. O. is

requestedto reportb ack to the GrandJ ury on progresso n this item by December3 1, 2003.

Failure to have an adequateb ackup systemw ill soonero r later result in loss of valuabled ata

which will be costly to the public.

AUDIT & FINANCE COMMITTEE

13.

BUILDING, PLANNING & ENVIRONMENT COMMI'n'EE

INTRODUCTION

The Building, Planning & Environment Committee received one letter of complaint during

this term, concerning the manner in which the Building Department for the Town of Mammoth

Lakes conducts its plan approval process.

ISSUES

1. Allegations were made concerning preferential treatment given to an unidentified

contractor during the plan approval process for an unidentified house then under construction

in the Juniper Ridge area. The complaint alleged that the plan approval process for this

particular house took only two weeks, and was approved " in house," as compared to a three-month

approval process experienced by other contractors. The complaint further alleged

" rumors and allegations of money exchanging hands -- wining and dining," as between the

individual contractor allegedly receiving preferential treatment and the Town of Mammoth

Lakes Building Department.

2. The complaintw as submitteda nonymouslyb ecauseth e authorf eared

RECOMMENDATIONS

This complaint was discussedb y the entire grandj ury. Although the grandj ury ordinarily

doesn ot take action on anonymousc omplaints, i t was decidedt hat this complaintw arranteda n

investigation, or at least an interview, with the Building Official for the Town of Mammoth

Lakes Building Department concerning the procedure for obtaining a building permit. The

complaint was referred to this committee, as well as to the committee for the Town of

Mammoth Lakes. Unfortunately, due to time constraints, the members of this committee and

the committee for the Town of Mammoth Lakes were not able to schedule an interview with

the appropriatep ersoni n the Building Departmenwt ithin the term of this grandj ury.

It is recommendedth at this complaintb e forwardedt o the incoming grandj ury for review

and possible further action.

retaliation.

14.

INTRODUCTION

The Education Committee conducted one inquiry this temt. The inquiry was driven by a

letter of concern from a citizen of Mono County. The letter contained eight questions geared

toward the conduct and actions of the Eastern Sierra Unified School District ( ESUSD). All

eight questionsw ere addresseds eparatelya nd answeredth rough interviews of relevantp arties

with knowledge of the issuesb eing addressedT. he question was categorizeda s Education

Committee 02- 02.

BACKGROUND AND QUESTION # 1

In response to the recent school violence around the country, the state of California

provided restricted funding to the state's schools specifically to add new school safety

programsa nd to improve and enhancee xisting safetyp rograms. U nder the recommendationo f

the ESUSD superintendentt, h e school board electedt o use the funds to pay the salarieso f an

existing school playground monitor and portion of a counselor's salary.

Was the expenditure of the restricted school safety funds done within the spirit of the

legislationt hat allocatedt hosef unds; t o add, i mproveo r enhanceth e school's safetyp rograms?

DISCUSSION

In March 2001, a memorandum published by the California Department of Education

indicatedt he fundsc ould be usedt o hire personnetl rainedi n conflict resolution.

In an interview a party with knowledge of this issue conveyed to the committee that the

school safety grant lists counselors as an allowable expense. This person said counselors are

now also usedf or studenti nterventions. S incec ounselorsd o not have studentso n an everyday

basis, they are a targeted position for budget cuts. Paying a portion of a school monitor or

counselor'ss alary from the grant easess omeo f the budget cuts becauseit frees up money in

the general fund that can then be used for practical everyday needs. Finally, our interviewee

said the largeste xpenseto datew as on intrusion alarmsf or all the schoolsi n the district.

Another interviewee believed the funds were spent within the spirit of the legislation, and

indicated that more education and training of monitors was needed, as well as hiring more

monitors.

BACKGROUND AND QUESTION # 2

At the beginning of the 2001- 02 school year, approximately $ 54,000 was spent. This

expenditure was listed in the consent agenda as a hand warrant. With respect to this hand

warrant there was no discussion by the board members nor was any public comment allowed

prior to a final vote. Essentially, there has been no public disclosure as to the purpose of the

expenditure.

What was the $ 54,000 hand warrant for? Was the expenditure proper and consistent with

school district goals? Was the expenditure used to cover up improper personnel management

practicea nd, if so, were theres anctionsf or the improperp ersonneml anagemendt ecisions?

DISCUSSION

The $ 54,000 hand warrant was for a settlement between the ESUSD and a certified

employee of the ESUSD.

EDUCATION COMMITTEE

IS.

An intervieweet houghtt hat undert he circumstancesth e settlemenwt as consistentw ith the

school district's goals and furthermore, it was not to cover up improper personnel management

practices.

There was little commento n this issueb ecauseit was discussedd uring closed sessiono f

the board meetings. In the interviews for this question it was learned that if there is a personnel

issue, t hen it is to be discussedin closeds essionu nlesst he persont he issuep ertainst o waives

this right.

BACKGROUND AND QUESTION # 3

The ESUSD superintendenht as the use of a school district credit card. The Education

Committee was asked to look into the use of this credit card.

Is the schoold istrict credit cardb eingp roperly usedf or appropriatep urchases?

DISCUSSION

Initially this committee obtained copies of six months of credit card statements. The

committee analyzed the statements and used them during the interviews. An interviewee

conveyed to this committee that the card had been used appropriately, but indicated that less

could be spent on dining.

In an additional interview, it was stated that the credit card was used appropriately. This

personf urther statedt hat other office personnelo ok at the receipts.

In the committee'sa nalysiso f the six statementsit was discoveredt hat the highestm onth

was $ 1400, and the lowest month was $ 85. The type of transactionsa ppearedto be business

travel expensesa s well as dining in the local area. W ith respectt o dining in the local areai t

was learnedf rom the interviews that the ESUSD superintendenwt ould take principals, board

membersa nd other schoolp ersonnetl o luncheonm eetings.

BACKGROUND AND QUESTION # 4

Minutes are taken at the ESUSD School Board meetings. This committee was asked to look

into the accuracy of the school board meeting minutes. It was relayed to the committee that the

minutesd o not accuratelyr eflect the discussionc arriedo n at the boardm eetings.

Do the minutes of the ESUSD board meeting accurately reflect what transpires at the

meetings or are they sanitized to portray a hidden agenda to discredit a specific board member,

hide criticism of the district superintendento, r hide poor district management?

DISCUSSION

Interviews were conducted with relevant parties who had knowledge of this particular

issue. The consensus of the interviewees was that the minutes do accurately reflect what

transpires at the rneetings. One person indicated the rninutes are to reflect the board's rnotions

and do not include everyone's comments. This person further stated that minutes were taken if

a person had signed up to speak. In another interview the committee was told that the rneetings

are a transcript of the business of the board, and to type everything said in the minutes would

be a waste of tirne. A common thread among the interviewees was that the rninutes are

approved at the next rneeting. Prior to their approval, anyone could rnake a request to have the

minutes amended.

One person interviewed suggested the rninutes could be rnore detailed. This person thought

16.

the superintendenct ontrolled what was put in the minutes. T his person further statedt hat a

majority vote of the boardw as all that was neededt o approvet he minutes. C onsequentlyif this

personw anteds omethingc hangedin the minutesi t had to be passedw ith a majority vote of the

schoolboard. From interviews it was learned that the following process takes place with regard

to the school board meeting minutes: the minutes are taped, and the secretary takes notes

during the meeting. After the meeting office personnel transcribe the minutes from the notes

and the tapes. Another personi n the office proofs the minutes. T he superintendentth en looks

at the minutes prior to next meeting. Finally, at the next meeting the school board members

vote whether to adopt the minutes.

BACKGROUND AND QUESTION # 5

The next item on the citizen's complaint directed the committee toward looking into

whethero r not the ESUSDS uperintendenst ystematicallyd ivided and isolatedt he schoolb oard

members from each other.

Has the ESUSD superintendent demonstrated effective leadership and provided

professional support to the board that allows them to work together collaboratively, to

effectively overseeth e district's operations?

DISCUSSION

The consensuso f the intervieweesw as that the superintendentd emonstratese ffective

leadership and allows the board to work together. One interviewee infomled the committee of

two training sessionsth e board membersc ould attenda nnually. T hesef unctionsw ere attended

by most of the school board membersa s well as the superintendentT. he committee was

infomled that the workshopsh elpedb uild cohesivenessb etweent he board membersa nd the

superintendent.

One interviewee thought the opposite of the other interviewees and believed the group did

not work well as a team.

BACKGROUND AND QUESTION # 6

The committee was asked to look into board members' requesting items on the school

board's agenda for discussion.

Are all board members given equal opportunity to place requests on the school board

agenda?

DISCUSSION

From the interviews the committee learned the following: when a school board member

requeststh at an item be placedo n the agendai, t goest o the superintendentw, ho then takesi t to

the school board president. The school board president ultimately decides if the item is to be

placedo n the agendaT. he majority of the interviewsi ndicateda ll boardm embersh ad items

placedo n the agendaS. omei ssuesw ere not placedo n the agendab ecausele gal counsel

thoughtt hey were not appropriateit ems for an openp ublic agenda.

BACKGROUND AND QUESTION # 7

Recently, a computer technician was hired by the ESUSD.

Were district hiring policies followed in filling this position?

.17.

DISCUSSION

An interview was conductedw ith a personw ho had knowledgeo f the hiring polices for the

district. The interviewee conveyed to the committee that the position was posted internally as a

classified position. Subsequentlyt, h ere was only one personw ho applied for the position so

there was no need for a review committee. This person was qualified for the job. Further

inquiry through another interview revealed that the school board had approved the position.

BACKGROUND AND QUESnON # 8

In June 2002, a special board meeting was called to discuss a personnel issue with regard to

the superintendentT. his meeting was canceledb ecausetw o board membersc ould not attend

due to the Cannon fire. The topic of this special meeting was moved to the regularly scheduled

monthly meeting. The two members who could not attend the special meeting still could not

attendt he regularly scheduledb oardm eeting. O ne of the membersw ho could not attenda sked

that the meetingb e postponedo ne more time until the two absentb oardm embersc ould attend.

The request to postpone the meeting was refused, and the meeting took place.

Why did the board continuew ith the regularly scheduledm eetingw hen an importantt opic

was to be discusseda ndt wo boardm embersc ould not attend?

DISCUSSION

The June meeting did in fact take place without the two board members present. The other

threeb oard membersr epresenteda quorum, w hich allowed the boardt o conductb usinessT. he

topic to be discussedw as a personnel- relateids sue. S incei t was personnerl elated, i t was to be

discussedin closeds ession. A s previouslym entioned, a personneli ssueh as to be discussedin

closed session unless waived by the person the issue pertains to. In this case the board had a

quorums o discussionsw ere held and decisionsw ere made. O ne other factor that contributedt o

this meeting taking place was that the school budget needed to be approved at this meeting.

RECOMMENDATIONS

The ESUSD superintendenits not an electedp osition. The ESUSD board members, w ho

are elected officials, are responsiblef or hiring the superintendenat s well as monitoring the

superintendent's duties and actions. The superintendent and school board members must

continue to maintain an open line of communication with each other as well as with their

constituents.

Furthermore, while none of the issues addressed uncovered any wrongdoings, it is

recommendedth at citizens be encouragedto raise issuesf or investigation such as the ones

presentedto this committee. I nquiries sucha s this allow peoplet o be more informed and aware

of what transpires at certain levels of government.

Question# I: It is recommendedth at the district continuet o train as many counselorsa nd

monitorsa s neededt o maintaint he highest- possibles ecurityf or the schools.

Question # 2: None

Question # 3: With the recent budget constraints facing the school district, it is

recommendedth at the use of schoold istrict credit card be more closely scrutinized. I f lunches

during or after meetingsa ren ot necessaryt, h en perhapsth ey shouldb e eliminated.

Question # 4: If the minutes are not accurate, it is recommended that corrections be

discussedp rior to adoptiona t the following meeting.

18.

Question # 5: Board membersa nd the superintendenst hould continue to attend the two

training sessions at the beginning of the year. These training sessions can not only provide

useful information to board members, but might also help render professional support to the

board and the superintendentth at allows them to work togetherm ore effectively.

Question# 6: If board memberst hink certaini tems are not being placedo n the agendat, h ey

should discuss with the school board president why their items are not included on the agenda.

Question # 7: The school district must continue to follow guidelines in hiring personnel as

done in this situation.

Question # 8: None.

19.

HEAL TH & HUMAN SERVICES COMMITTEE

INTRODUCTION

The Health and Human Services Committee received one letter of complaint during this term.

The committee also received a report from Tom Wallace, director of Health and Human

Services for Mono County. Dr. Richard Johnson, Mono County Public Health Officer, made a

presentationre gardingb ioterrorismb eforet he entire grandj ury.

ISSUES

The letter of complaint (# 02- 03) had numerous questions regarding senior services offered the

60+- age population in Mono County. Some of the questions were found to be outside the

scope of the grand jury. Committee members reviewed a summary of the 2000 Census data for

Mono County as well as statistical data for the town of Mammoth Lakes for the year 2002.

The committee interviewed a Mono County public health nurse, and a member of the Advisory

Council oflMAAA and Social Servicesp rovider for Mono County.

FINDINGS

1. The 2000 Census showed an increase in the senior population of Mono County.

However, the vast majority of elderly still resides in Inyo County. Medical services and home

and mental health care provided by Mono County were found to be adequate despite the

population increase. No significant disparity in the provision of senior services between Mono

and Inyo counties was found.

2. Tom Wallace's report, dated April 19, 2003, reviewed his goals and objectives for the

Mono County Health and Human Services Agency. While there were no issues to the grand

jury to investigate, Wallace did indicate that next year's state budget uncertainty was expected

to adverselyim pact Statea llocation, s ervicem andatesa nd eligibility for HHS services.

3. In responseto threatso fbioterrorism, statea nd local public healthj urisdictions haveb een

upgraded. Richard Johnson, M. D., presented to the grand jury an extensive program for

preparednespsl anning.

RECOMMENDA nONS

1. Complaint# 02- 03w as investigateda nd a letter forwardedt o the complainant. No

further action was necessary.

2. No recommendations.

3. The committeer ecommendsth at the Mono CountyP ublic Health Officer provide

ongoingb ioterrorisme ducationw ith annualu pdates.

20.

The Law EnforcementC ommitteew as responsiblef or examiningt he following

departmentss: herifficoroner, in cluding countyd etentionf acilities, district attorney, p robation,

disasterp reparednessju, venile facilities, MammothL akesP olice Departmenta nd interagencies

involved in the administration of justice.

The committee received a thorough briefing at the start of this tenn by County Counsel,

the MammothL akest own governmenat ndC AO JohnW ohlmuth of Mono County. The entire

grandj ury touredt he offices of the Sheriff/ Coronera nd an extensivei nspectiono f the general

jail facility. The tour and inspection were not only an eye opener, but also served to impress

many in regard to the quality of the equipment and general condition of this jail facility. The

Sheriff's departmenits running a quality jail and is commendedfo r that effectiveness.

A secondt our of thej ail and dispatchc enterw as conductedto wardst he end of this

term for the purposeo f more closelyv iewing the emergencyd ispatchs ystema nd in particular

the 911 process. Those results are listed below. A general sense of urgency regarding the

overall effectivenesso f the 911 processw ill be addressedb y the entire grandj ury.

The following issuesw erep resentedto the Law EnforcementC ommitteed uring this

tenn:

02- 04 Issue: Presentencevdi sitation proceduresw ith inmatesa ndt heir minor children.

Complainant wanted contact visiting for self and minor issue of inmate.

Action: Law EnforcemenCt ommitteem embersm et with Sheriff Dan Paranick. He

definedM ono County Sheriff's Departmenpt olicy regardingv isitations at thej ail and

the sensitive security issues. Contact visits are strictly prohibited to prevent the

transfero f drugsi nto a high- securityja il facility. Recourseis availablev ia court

order whereupon the inmate may solicit the court to order the Sheriff to pennit a

speciale xceptiont o the visitation procedures. T his committeer ecommendsth is

inquiry be closed with a letter so indicating to complainant.

02- 05 Issue: Marijuana usage and possible sex abuse with minors on federal lands. Mental

Health and Law Enforcemenht avea n ongoingi nvestigation. Sheriff confirms

receipto f this issuea nd indicatesc ountya nd federala genciesa rep ursuing.

Action: Referred to Administration Committee.

02- 06 Issue: Unlicensed architect operating within Mammoth Lakes. Carry over from prior

grand jury.

Action: Referred to Di

Issue: RemoveJ udgeE d ForstenzerC. omplainantb elievesh e was not provided a fair

trial in that his court- appointeda ttorneyd id not include certainf actst o the court.

Committee member confirmed the information was provided.

02- 09

LA W ENFORCEMENT COMMITTEE

stnct Attorney for resolution.

21.

Action: Committee members believe the grand jury has no jurisdiction. The court

appealsp rocessis the appropriatec hannelt hat the complainanth asp ursued. Letter

sent to complainant.

02- 10 Issue: Second complaint from complainant of Case # 02- 09.

JudgeF orstenzer emoved.

Action: Covered in 02- 09. Grand jury has no jurisdiction.

02- 11 Issue: Complaints of misconduct by Court and Judge Stan Eller. Does not believe the

former District Attorney should be sitting on the Bench.

Action: Court proceduresa ppeara ppropriate. C omplainant'sm otives seemf ocused

on relief from court adjudication of her case. Letter sent to complainant.

02- 12 Issue: Complaint against Probation Officer citing improper conduct. Second

complaint by this individual, dissimilar issue. ( 02- 11)

. Action: Forwarded to the District Attorney.

02- 15 Issue: Complaint of inmate living conditions in Mono County Jail, namely too

cold, improperp roceduresh andlinga known alcoholic, a ndu nsanitaryc leaning

implements.

Action: Committee members met with Sheriff regarding this issue.

Committee was provided a copy of the writ denial by the court regarding

complainant's issues. Case resolved within the court system. Complainant to

be notified by mail.

Internal Inquiry

Committee members and the jury foreman visited the Mono County Jail and

interviewedS heriff Paranickr egardingt he 911 emergencyc all system. A rumor

recentlys urfacedw ithin the grandj ury regardingt he possibility of selective

responsesb y the Sheriffs departmentto 911 calls in the north county areai n

particular. Selectiver esponses ugges" t flagging" of chronic callersf or less- than-prompt

responses.

Results: Twelve selectedp honen umbersf rom memberso f the committee, a s well as

suggestedc hronic callersf rom the north countyw ere " stiffed" into the 911 system.

In no case were any " flags" found within the field for each number brought up on the

screen. It was explained by the Sheriff and the dispatch supervisor that special

information will surface in medical cases ( i. e., iron lung or respiratory equipment on

site as well as weapons or propensity for violence) in order that the responding

deputyw ill be properlyp reparedu pon arrival. It is a Statem andatet hat all 911 calls

be handled, based upon the nature of the call. When so indicated by the events

describeda nd predicatedu pon currente mergenciesa, car will be dispatched.

Verizon apparentlyo verseesth e 911 systemf or accuracyo f phonen umberst o

addresseusn der a Statec ontract. Verizon is paid out of a statef und $ 30,000a month

to update the 911 directory in Mono County. Apparently, the State divides the fees

collected off phone bills according to county populations and, of course, counties like

Similar issues. Wants

22.

Los Angeles receive the largest percentage. Our numbers submitted reflected some

errors; i . e., " way vs. lane," an addresss howing7 75 vs. 779, and in onej uror's case,

an incomplete street name. The majority was accurate, but any mistakes are

unacceptablew henp ublic safetyi s at stake. Verizon mustb e held accountablefo r its

contract. IfVerizon is not the solution or the problem, then possibly citizens could

be advised to call a central number to verify their number, and/ or volunteers could be

utilized for this essentiaal ndn ecessaryo ne- timee mergencys ervice. If the scenario

is accuratet, h ent he County shoulda lso seeka dditionalf unding from the State9 11

sourcesf or the 911 redundancyc omponent.

The committee submits this information to the Administrative Committee for

inclusion in the general investigation of the 911 system in Mono County.

23.

PARKS, RECREATION & PUBLIC WORKS COMMIlTEE

The Parks, Recreation and Public Works Committee examined the following: Parks and

Recreation, P ublic Works and Road departmentsa, irports, cemeteriest, r ansportation, v ehicle

maintenancee, tc.

ISSUES

The Parks, R ecreationa ndP ublic Works Committeer eceivedt wo fonnal written

complaints:

I. A Walker resident sent to the grand jury a copy of a letter to the Board of

Supervisors. T he complainantsw as infonned that due to the fact that his letter

had beend irectedt o the Boardo f Supervisorsh, e shouldg ive them an

opportunity to act.

2. In regardt o the secondc orrespondenceth, e matteri s now in its beginning

phase of investigation. The 2003- 04 grand jury will report on this matter at

the conclusion of its term.

The grandj ury internally discussedth e issueso f housea nd propertyn umbering, r oad

signagea nd 911 updates. T he discussionle d to a committeem eetingw ith Rich Boardman,

director of Public Works. Mr. Boardman gave the committee the following information in

answer to specific questions:

1. Breakdowno f responsibilities: R eportst o the CAO, is responsiblefo r roads, s olid

waste, a irports, b uilding structurea ndm aintenancec, emeteriesp, arksa nd buildings,

county- ownedc ampgroundsa nd fleet operations.

2. Under his direct supervision: two assistanet ngineersa, personnesl upervisor, a n

operationsm anager, f ive road districts andp ersonnel, a ndt he landfills andp ersonnel.

The ManagemenAt ssociationA greementw ith Mono Countyg overnsp roceduresfo r

termination of an employee. The District Supervisor conducts an employee

performancee valuationa nnually.

3. Whose responsibility is it to post house, property numbers and road signage?

Mr. Boardmana nsweredth at ten yearsa go the county receiveda grant to assignh ouse

numbers tied to phone numbers for the 911 system. He stated that it is the

homeowner's responsibility to see that the number is displayed. If someone requests a

new building permit, the number must be displayed before the permit is issued. There

is no provision made for the county to verify that the numbers are displayed.

The Department of Public Works is responsible for all county road signs. The road

crews and private citizens report down or damaged signs. Private road signs are the

responsibility of the people on the private road. Mr. Boardman has offered the help of

the Department of Public Works for the construction of the signs if asked, however

there would be a cost of $ 1 00 to S 150 for materials.

4. There is a definite need for the 911 system to be updated. How is this done, and

who is responsible?

24.

The procedure explained for the input and update ofinfonnation was: The

Departmento f Public Works assignsa n addressa t the time of pennit issue, a nd then

notifies the phone company. This information is then entered into the in- house system.

5. What is the procedure and priority for snow removal?

On the city roads each district has its own priority maps: 1) school bus routes, 2

subdivisions, and 3) other roads.

6. Other topics discussedw ere:

a. Maintenanceo f dirt roads, w ith traffic usages ettingp riority.

b. Gravel roads are maintained at least once a year if time pennits.

c. Permitting process for special use is under the jurisdiction of the Community

DevelopmentD epartment, s pecificallyt he ComplianceD ivision.

d. Solid wastea ndm aintenanceo f the landfills.

FINDINGS

The meetingw ith Mr. Boardmanw as informative. He was cooperativea, nd willingly

provideda ll materiarl equesteidn sucha mannear st o be easilyu nderstood.

RECOMMENDATIONS

The 911 problemn eedss omeonein the countyt o acceptt he responsibilityo f seeing

that the system is functional.

Possiblya systemo f coordinationb etweena ll departmentsc ould be implemented.

The 911 information oughtt o be sentt o appropriateE MS districts for in- houseu se.

Fire chiefs, at their meetings, n eedt o discusst he needf or a databasec ontaining

information on special needs for their district.

The county shall implement a procedure for the proper display of road signs and house

numbering.

1.

2.

3.

4.

S.

25.