County of San Bernardino

Grand Jury Final Report

2003- 2004

COUNTY OF SAN BERNARDINO

GRAND JURY

FINAL REPORT

2003- 2004

EDITORIAL COMMITTEE

Bill Reid, Chair

Arden Fritz

Hal Henry

Roy June

Brad Kuiper

Bob Wilhelm

Burrel Woodring

The Editorial Committee would like to acknowledge and thank the following individuals for their hard work and invaluable

assistance in the preparation of the Final Report of the 2003- 2004 San Bernardino County Grand Jury.

Graphic Arts Silvia Schreiber, Layout & Composing Coordinator

Photographs Roddy Padilla, Graphic Arts

Printing Services County Printing Services Personnel

Typing/ Preparation Susan Shuey, Grand Jury Assistant

DEDICATION AND SERVICE

As a retired police officer and as a member of the Grand Jury, Mr. Leon

Sakamoto demonstrated his ability to serve and help his fellow man.

Now, as he serves in Iraq, we are reminded of how far his commitment

extends.

The 2003- 2004 San Bernardino County Grand Jury is proud to dedicate

this final report to Leon Sakamoto.

As we close our year of service, we offer our prayers for the safe return of

Leon and all the men and women who are in service to our country.

351 North Arrowhead Avenue, Room 200, Courthouse

San Bernardino, CA 92415- 0243 • ( 909) 387- 3820

Fax ( 909) 387- 5863

GRAND JURY COUNTY OF SAN BERNARDINO

FOREMAN’S STATEMENT

The 2003- 2004 Grand Jury began its term with a 33 percent budget reduction. To reduce

the budget of the Grand Jury is an injustice to the citizens of San Bernardino County. The budget

given for the basic operation of the Grand Jury is very minimal.

Historically, the Grand Jury is as an arm of the Superior Court. By statute, its basic duty is

to investigate County and city governments. This basic concept must not be impeded in any

manner. To do so would be an injustice to the citizens of the County of San Bernardino.

This Grand Jury is, and will remain, an impartial group of citizens whose main goal is to

improve government and the way it provides services to the residents of San Bernardino County.

To assemble a group of people as the Grand Jury is a difficult task. But it has proven to be

one of the most valuable assets the citizens have in order to get a better perspective of how

government is operating. This Grand Jury, as all other Grand Juries, is non- partisan. It does not,

in any manner, choose any one department to investigate. Instead, it looks at all the departments

of government within its jurisdiction.

After careful investigations, subject to interviews, research and factual information, the

Grand Jury presents its findings in this report.

The recommendations that are set forth in this report help to offer the citizens of San

Bernardino an opportunity to see how various departments of County government are operating.

Changes that are implemented in a timely manner will help to improve the way government provides

services to its citizens. This basic concept of improving government will enable it to be fiscally

responsible and implement changes that must be made if we are to provide all the needs of our

residents.

The 2003- 2004 Grand Jury would like to acknowledge the cooperation of the employees

and elected officials of San Bernardino County for their time and service which enabled this report

to be completed.

As the 2003- 2004 Grand Jury closes its term, we are reminded of the basic concept of

government, by the people, for the people. Let us not forget we are all a part of this concept.

ROBERT J. WILHELM

Foreman

2003- 2004 Grand Jury

2003- 2004 GRAND JURY

SAN BERNARDINO COUNTY

Robert J. Wilhelm 􀂗 Foreman

Roy E. June 􀂗 Foreman Pro Tem

Bradford L. Kuiper 􀂗 Secretary

Hal H. Henry 􀂗 Assistant Secretary

John H. Hartley 􀂗 Sergeant- at- Arms

Richard J. Ekwall 􀂗 Assistant Sergeant- at- Arms

Jenny L. Overton 􀂗 Historian/ Librarian

Ray Abril, Jr. 􀂗 Colton

Gordon G. Bjorklund 􀂗 Running Springs

Rafael U. Contreras 􀂗 Chino Hills

Daniel A. Davis 􀂗 Lytle Creek

Richard J. Ekwall 􀂗 Colton

LeRoy C. Fiebiger 􀂗 Upland

Arden C. Fritz 􀂗 Yucaipa

John H. Hartley 􀂗 Ontario

Hal H. Henry 􀂗 Wrightwood

Roy E. June 􀂗 Joshua Tree

Bradford L. Kuiper 􀂗 Apple Valley

Lois C. Long 􀂗 Lytle Creek

Jenny L. Overton 􀂗 San Bernardino

George C. Patrick 􀂗 Upland

William J. Reid 􀂗 Rialto

Florence Judy Rodgers 􀂗 Apple Valley

Robert J. Wilhelm 􀂗 Ontario

Burrel S. Woodring 􀂗 Yucaipa

RESIGNATIONS

Paul V. Avila ( August 2003) Ontario

Leon Sakamoto ( December 2003) Chino

Presiding Judge 􀂗 J. Michael Welch

Legal Advisor 􀂗 Clark A. Hansen, Jr.

Grand Jury Assistant 􀂗 Susan L. Shuey

2003- 2004 GRAND JURY

SAN BERNARDINO COUNTY

Front ( left to right): Bill Reid, Lois Long, Judy Rodgers, Jenny Overton, Sue Shuey ( Grand Jury Assistant)

Middle ( left to right): Arden Fritz, Brad Kuiper, Bob Wilhelm ( Foreman), Rafael Contreras, Roy June, Ray

Abril, Jr., John Hartley

Back ( left to right): Richard Ekwall, Dan Davis, Hal Henry, George Patrick, Presiding Judge J. Michael

Welch, Lee Fiebiger, Clark A. Hansen, Jr. ( Grand Jury Legal Advisor), Burrel Woodring, Gordon Bjorklund

TABLE OF CONTENTS

2003- 2004 GRAND JURY FINAL REPORT

Page

ADMINISTRATIVE COMMITTEE 1

Board of Supervisors 2

Information Services Department 4

AUDIT/ FISCAL COMMITTEE 6

Assessor 7

Auditor/ Controller- Recorder 8

COMPLAINTS COMMITTEE 10

ECONOMIC DEVELOPMENT/ PUBLIC SERVICES COMMITTEE 11

County Fire Department 13

Ad Hoc Committee on Fire Disaster of 2003 15

Land Use Services Department / Code Enforcement Division 21

County Museum 22

Registrar of Voters 24

HEALTH AND HUMAN SERVICES COMMITTEE 26

Department of Behavioral Health 27

Department of Children’s Services 30

Public Health Department 32

Veterans Affairs Department 33

INTERNAL SERVICES COMMITTEE 35

Architecture and Engineering Department 36

Facilities Management Department 37

Fleet Management Department 39

Purchasing Department 41

LAW AND JUSTICE COMMITTEE 43

District Attorney 44

Probation Department 47

Camp Heart Bar 49

Public Administrator/ Coroner/ Public Guardian 50

Public Defender 52

Sheriff 54

ADMINISTRATIVE COMMITTEE

Bill Reid, Chair

Richard Ekwall

Lee Fiebiger

Arden Fritz

Roy June

Brad Kuiper

Jenny Overton

Judy Rodgers

ADMINISTRATIVE COMMITTEE

2003- 2004 San Bernardino County Grand Jury Final Report

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ADMINISTRATIVE COMMITTEE

The Administrative Committee of the 2003- 2004 Grand Jury reviewed the following

departments of County government:

Board of Supervisors

Clerk of the Board

County Administrative Office

County Counsel

Human Resources Department

Information Services Department

Subcommittees were established to review these departments. The Board of

Supervisors, department directors, and principal office personnel were interviewed during the

investigations. It resulted in final reports and recommendations for the Board of Supervisors

and the Information Services Department.

One representative of the committee regularly attended the Board of Supervisors’

weekly Tuesday meetings. At times he was joined by other Grand Jurors. Board decisions on

agenda items were reported to the full Grand Jury each week.

The Administrative Committee reviewed four citizen complaints received during the year.

None were acted upon.

During the 2003- 2004 tenure of the Administrative Committee, two Supervisors left office

and were replaced on the Board with interim Supervisors whose terms of office expire when two

Supervisors will be elected in the November 2004 election.

In April 2004, the County Administrative Officer resigned. The County has appointed

five ( 5) County Administrative Officers in the last three years.

The County Counsel retired in 2003. The Director of the Department of Human

Resources retired in May 2004.

The findings and recommendations in final reports for the Board of Supervisors and the

Information Services Department follow.

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BOARD OF SUPERVISORS

BACKGROUND

The original Charter for the County of San Bernardino was approved by the voters

on November 15, 1912. In 1910, the total population of San Bernardino County was only

56,706. Today the population is over 1,709,500. Offices such as the County Counsel,

Registrar of Voters, the County Board of Education and the Purchasing Department weren’t

created until 1957. The County did not have a Retirement System until 1959.

FINDINGS

Although the original Charter gave the Board of Supervisors the authority to

“ supervise,” it must be considered that the Charter was written 92 years ago and applied to

a different time. When the newly created Charter took effect in 1915 the County consisted

of the five ( 5) members of the Board of Supervisors and eight ( 8) County officers, appointed

by the Board of Supervisors. Those officers were:

• Sheriff and ex- officio Coroner

• County Clerk and ex- officio Recorder

• Treasurer and ex- officio Tax Collector and License Collector

• District Attorney and ex- officio Public Administrator

• Auditor

• Assessor

• Superintendent of Schools

• Horticultural Commissioner

The Charter designated the Chairman of the Board of Supervisors as the

“ Purchasing Agent.” It seems apparent at the time that Supervisors were required to play a

direct daily supervisory role. Today, the 39 plus departments with over 16,000 employees

make “ hands on” supervision impractical.

It is also appropriate to consider that allowing the County Administrative Officer

( CAO) to implement policy set by the Supervisors and to run and supervise the County

departments is the logical and current management style practiced by most successful

corporations and governments. Today, the role of the Board of Supervisors in County

government should be to set policy and supervise the CAO.

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In the course of our investigations and visitations during the past year we have

uncovered several instances of Supervisor interference and micro- managing in the day- to-day

operations of the County.

There have been five ( 5) County Administrative Officers in the past three years.

Since July 1, 2003 eight ( 8) department heads and one ( 1) CAO have been fired, forced

out, or resigned.

One Supervisor stated that the Supervisors’ role is to “ govern and provide oversight

of all County departments.” Another Supervisor said, “ Supervisors are full- time employees

and it is their job to set policy, supervise and run the County.” Two other Supervisors

commented that they believe the Supervisors role is to set policy and allow the CAO to run

the County. One Supervisor stated that it is the CAO’s responsibility to run the County and

not the role of the Supervisors.

It should further be noted that the Forward in the County Charter says, “ Even when

laws have been written down, they ought not always to remain unaltered.” – Aristotle

RECOMMENDATIONS

04- 01 TO AVOID MICRO- MANAGEMENT BY MEMBERS OF THE BOARD OF

SUPERVISORS, ESTABLISH AND ADOPT A DEFINED POLICY AND

PROCEDURE FOR COMMUNICATING WITH THE COUNTY

ADMINISTRATIVE OFFICER PRIOR TO CONTACT WITH DEPARTMENT

HEADS AND OTHER EMPLOYEES.

04- 02 ESTABLISH AND ADOPT A MORE DEFINED POLICY, INCLUDING

CRITERIA, FOR RECRUITING AND HIRING OF THE COUNTY

ADMINISTRATIVE OFFICER.

04- 03 ESTABLISH AND ADOPT A POLICY FOR THE BOARD OF SUPERVISORS

TO ONLY SET POLICY AND WHICH LIMITS THEM TO “ SUPERVISING”

ONLY THE COUNTY ADMINISTRATIVE OFFICER.

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INFORMATION SERVICES DEPARTMENT

BACKGROUND

San Bernardino County has had centralized computing since the 1960’ s. Today

there are approximately 560 employees working countywide in information services ( IS).

Two hundred eighty ( 280) work in the Information Services Department ( ISD) and another

280 work for specific departments. Many ISD staff are located in the departments to which

they provide support. Of the 500 plus IS employees, 67 are currently programmers.

FINDINGS

During the Grand Jury’s investigation it was discovered that many departments turn

over their used desktop computers to the Purchasing Department for disposal, many of

which have been “ cannibalized.” These computers have had hard drives, memory, etc.

removed, leaving them unworkable and with no resale value. Purchasing can only sell the

computers for $ 20 to $ 30 per pallet. If the hard drives, memory, etc. had been retained in

the units, they could be sold for considerably more. Purchasing has to pay to dispose of

computer monitors.

Discussions with ISD found that it has no control over this issue. ISD doesn’t

“ cannibalize” its old desktop computers, but each department has the option to do what it

wants with old computers. There is no County- wide policy regulating the disposal of

desktop computers.

ISD Network Services currently provides desktop support to only eleven ( 11) of the

39 County departments/ agencies. When these departments replace desktop computers,

ISD makes every effort to maximize the life cycle value. It recycles the computers into

departments not able to afford new computers, providing the computers will meet their

technical and business requirements. After departmental needs are addressed, ISD

attempts to place these older computers into lower tiered functions where they will still

provide value to the County.

RECOMMENDATIONS

04- 04 DEVELOP A STANDARDIZED COUNTYWIDE POLICY FOR REPLACING

AND DISPOSING OF DESKTOP COMPUTERS THAT ARE NO LONGER

NEEDED BY THE COUNTY.

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04- 05 EXPLORE THE FEASIBILITY OF DONATING DESKTOP COMPUTERS TO

SCHOOLS, NON- PROFIT ORGANIZATIONS OR PRISONS FOR

EVERYDAY USE OR TRAINING WHEN THE COUNTY NO LONGER

NEEDS THEM.

04- 06 CONDUCT AN AUDIT TO EVALUATE THE COST BENEFITS TO THE

COUNTY OF HAVING THE INFORMATION SERVICES DEPARTMENT

( ISD) PROVIDE DESKTOP COMPUTER SUPPORT FOR MORE THAN THE

ELEVEN ( 11) COUNTY DEPARTMENTS IT CURRENTLY SUPPORTS. IF

THIS AUDIT PROVES FINANCIALLY BENEFICIAL TO THE COUNTY,

THEN ESTABLISH A PROGRAM TO HAVE ISD TAKE OVER DESKTOP

COMPUTER SUPPORT FOR ALL OR MOST OF THE COUNTY

DEPARTMENTS.

AUDIT/ FISCAL COMMITTEE

Rafael Contreras, Chair

Gordon Bjorklund

Dan Davis

Brad Kuiper

Lois Long

George Patrick

AUDIT/ FISCAL COMMITTEE

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AUDIT/ FISCAL COMMITTEE

The Audit/ Fiscal Committee reviewed the following County departments:

Assessor

Auditor/ Controller- Recorder

Treasurer- Tax Collector

The Audit/ Fiscal Committee did not appoint subcommittees. The full committee was

used on reviews and investigations of the above departments.

The Committee reviewed one citizen complaint during the year.

The findings and recommendations of the Audit/ Fiscal Committee follow.

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ASSESSOR

BACKGROUND

Under California law the Assessor, an elected official, has the following basic

responsibilities:

• Locate, describe and identify ownership of all taxable property in the County

• Establish a taxable value for all property subject to property assessment

• List the taxable value of all property on the assessment roll

• Apply all legal exemptions.

The Assessor maintains current records on approximately 675,000 parcels of real

property, 43,000 business property accounts and 33,000 other assessments. The

Assessor also administers 17 different types of property tax exemptions.

FINDINGS

The Assessor’s Office has steadily improved each assessment process over the

past several years due to an efficient and experienced staff. The technical advances and

reviews of procedures to eliminate inefficiencies also contributed to the improvement of the

assessment process.

The devastating fires in the fall of 2003 destroyed 1,026 homes and damaged 388

other properties in San Bernardino County. The Assessor’s office had the task of

identifying the damaged and destroyed properties for local and state agencies.

The County Assessor determined that it was very important for property owners who

lost their home/ property in the fires to have their properties reassessed as soon as

possible. Deputy Assessors were directed to locate the burned/ damaged properties and to

reassess them. The Assessor’s Office completed the reassessment of the 1,026 plus

homes and 388 other properties in a few weeks.

COMMENDATION

ASSESSOR DONALD WILLIAMSON AND HIS STAFF ARE TO BE COMMENDED

FOR AN OUTSTANDING JOB IN COMPLETING OVER 1,400 REASSESSMENTS

IN SUCH A SHORT TIME AFTER THE 2003 FIRES IN SAN BERNARDINO

COUNTY.

2003- 2004 San Bernardino County Grand Jury Final Report

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AUDITOR/ CONTROLLER- RECORDER

BACKGROUND

The Auditor/ Controller- Recorder/ County Clerk is an elected office. This report is

confined to the Financial Management computer software program and Internal Audits.

The office’s function is to manage, operate and maintain the County Financial Management

System computer programs. The Internal Audits Section conducts financial audits of

County departments.

FINDINGS

The Auditor/ Controller- Recorder ( ACR) currently uses AMS Advantage, version

2.1.1 software for the County’s Financial Management System. This version is outdated.

To stay current, an upgrade to AMS Advantage, Version 3.0, is required. AMS Advantage

2. x will no longer be supported by AMS. The County can continue to function with the AMS

Advantage 2.1.1 for a period of time past July 1, 2005, but at risk. AMS 2.1.1 is a batch

processing system where updates are made overnight. Advantage 3.0 is a real- time

system where updates are immediate.

Our investigation found that the Purchasing Department needs new procurement

software programs for much of the work it now does manually. It is not possible to obtain

the necessary software that is compatible with the current County Financial Management

System program. The only software program now available for the Purchasing Department

is AMS 3.0. It is not compatible with the current Financial Management System software

AMS 2.1.1.

The Information Services Department explored a plan that would work, using the two

software versions. This plan would cost the County $ 1,206,200, plus a one- time start- up

cost of $ 185,015. It is not a long- term solution, only a temporary one. Along with the high

costs, the two systems will never be completely synchronized, and the departments would

have different data. To get a complete current, accurate financial picture, the different

departments will have to utilize both systems. This is not a practical solution.

It will cost the County $ 5,000,000 to update the Financial Management System and

purchase procurement software for the Purchasing Department.

County Policy states that all County departments must be audited yearly.

Discussions with the Auditor/ Controller- Recorder revealed that such audits are covered

by the annual Financial Audit. However, internal operational audits are not being done

yearly for each department. The ACR has never had sufficient staffing to complete

specific audits for each department. The California Government Code mandates specific

audits. While mandated audits are conducted as specified, most apply to specific funds,

not departments. The Assessor’s Office, the Auditor/ Controller- Recorder and the

Arrowhead

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Regional Medical Center are the only County departments that are subject to mandated

audits.

On February 21, 2003 the Auditor/ Controller- Recorder submitted a Risk Based

Internal Audit Plan to the Board of Supervisors and the County Administrative Officer. The

Board approved this plan.

Thirteen ( 13) County departments are classified as “ High Risk”. Thirty- four ( 34)

departments are classified as “ Moderate Risk”. Thirteen ( 13) are considered “ Low Risk”.

The Risk Based Internal Audit Plan requires that the 13 “ High Risk” departments be audited

every other year. The 34 “ Moderate Risk” departments have to be audited every four ( 4)

years. The thirteen ( 13) “ Low Risk” departments have to be audited every six ( 6) years.

For the 2002- 2003 fiscal year, the ACR stated that mandated audits would require

10,000 Internal Audit hours, leaving only 15,000 hours for operational audits of County

departments. The total hours available for auditing are inadequate.

RECOMMENDATIONS

04- 07 PURCHASE THE AMS ADVANTAGE VERSION 3.0 SYSTEM TO

UPGRADE THE AUDITOR/ CONTROLLER- RECORDER’S FINANCIAL

MANAGEMENT SYSTEM AND THE PURCHASING DEPARTMENT’S

PROCUREMENT SOFTWARE SYSTEM.

04- 08 TAKE APPROPRIATE MEASURES TO ENSURE THAT AT LEAST THE 13

“ HIGH RISK” DEPARTMENTS ARE AUDITED ANNUALLY.

COMPLAINTS COMMITTEE

COMPLAINTS COMMITTEE

Ray Abril, Jr., Chair

Gordon Bjorklund

Richard Ekwall

Jenny Overton

Judy Rodgers

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COMPLAINTS COMMITTEE

The Complaints Committee received citizen complaints from numerous sources

concerning government operation of the cities and County of San Bernardino. The County

Grand Jury has no jurisdiction over the Courts or State and Federal agencies or companies

in the private sector.

Thirty ( 30) written complaints addressed to the 2003- 2004 Grand Jury were received

and reviewed by the Complaints Committee as of June 1, 2004. Complaints requiring

detailed investigation were assigned to the appropriate Grand Jury committee for action.

The Committee chose to take no action on other complaints.

COMMITTEE ASSIGNMENT COMPLAINTS

No Action 20

Administrative 4

Audit/ Fiscal 1

Economic Development/ Public Works 3

Law and Justice 2

Receipt of each complaint was confirmed by letter from the Foreman of the Grand

Jury.

ECONOMIC DEVELOPMENT/

PUBLIC SERVICES COMMITTEE

ECONOMIC DEVELOPMENT/

PUBLIC SERVICES

COMMITTEE

Burrel Woodring, Chair

Dan Davis

Arden Fritz

Hal Henry

Lois Long

Jenny Overton

George Patrick

Bill Reid

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ECONOMIC DEVELOPMENT/

PUBLIC SERVICES COMMITTEE

The Economic Development/ Public Services Committee's main responsibility was to

review the functions of the following County departments.

Agriculture, Weights & Measures

Airports

County Fire

County Library

County Museum

Economic & Community Development

Jobs & Employment Services

Land Use Services

Public Works ( Flood Control/ Transportation/ Regional Parks/ Waste Systems)

Redevelopment Agency

Registrar of Voters

Special Districts

After careful review of prior Grand Jury reports, the following subcommittees were

formed to conduct in- depth oversight evaluations of the departments listed below.

Airports

County Fire

County Museum

Economic & Community Development

Land Use Services/ Code Enforcement

Registrar of Voters

Special Districts

With the exception of Airports and Special Districts, findings from these

investigations are detailed in this final report.

During the investigation of the Registrar of Voters, the committee observed and

monitored two general and one special election using the new touch- screen Sequoia

system. After the initial errors were corrected, the system functioned as designed.

This committee reviewed three citizen complaints received during the year. Two

were acted upon.

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A special Ad Hoc Committee on the fire disasters of 2003 was formed by this Grand

Jury to look into County operations of the Grand Prix and Old Waterman fires. As part of

the inquiry, the County Fire subcommittee participated in interviews with Fire and

Communications personnel.

Due to Grand Jury budget constraints, the County Fire subcommittee was unable to

properly investigate Board- governed Fire Protection Districts.

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COUNTY FIRE DEPARTMENT

BACKGROUND

The San Bernardino County Fire Department provides a full range of emergency, fire

and administrative services for 32 separate County fire districts and several contract cities.

These services include all phases of fire suppression, selected ambulance transport,

paramedics, and large incident command and control.

Levels of service vary based on each community or fire district’s revenue and level

of risk. Staffing also varies from total paid- call to two or three regular firefighters on an

engine. Emergency medical services range from minimally trained First Responders to

Emergency Medical Technicians to Paramedics. The County Fire Department is the largest

provider of pre- hospital care in the County and second largest ambulance transport

provider.

FINDINGS

The Hazardous Materials Household Waste Division is located at San Bernardino

International Airport. It is a multi- faceted operation providing regulatory oversight of the

collection of business and household hazardous waste. It serves the unincorporated areas

as well as all 24 cities and towns in the County. It accepts motor oil, oil filters, antifreeze,

auto and household batteries, pesticides, fertilizers, chemical cleaners, hobby/ pool

supplies, and other designated hazardous waste. At the Recycling Center, recycled items

such as paint are sorted, processed and made available, for free, for use in graffiti

abatement. Non- restrictive household products are stored and shelved to be made

available free to any county citizen.

The Communications Center at Rialto Airport is housed in a temporary building. It

houses state- of- the- art technology that represents a substantial investment by the County.

This is one of seven ( 7) fire dispatch centers serving 42 different fire agencies and districts

in San Bernardino County. The Emergency/ Disaster Center is located in another building

on this site. The physical security for these facilities is good, but the buildings are

inadequate and not fully earthquake proof.

The County is currently planning to consolidate all County Fire facilities at San

Bernardino International Airport.

Cost recovery is a system whereby the County can recover money for services

rendered by fire departments and paramedics where insurance or other funds are provided

for such service. Cost recovery for County Fire declined when handled by another non- Fire

County office. This function was recently returned to the department’s Fiscal Services staff

and they plan to aggressively pursue collections. There are provisions for cost recovery

2003- 2004 San Bernardino County Grand Jury Final Report

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contained in the County fee package which establishes the recoverable fees for County

services. This area of potential income to the County has been allowed to deteriorate over

the past few years.

RECOMMENDATIONS

04- 09 DESIGN AND BUILD A LARGER PERMANENT COMMUNICATIONS AND

EMERGENCY/ DISASTER CENTER AT A LOCATION CLOSER TO THE

PLANNED COUNTY FIRE DEPARTMENT FACILITIES AT SAN

BERNARDINO INTERNATIONAL AIRPORT.

04- 10 CREATE A SPECIAL COST RECOVERY DEPARTMENT, FREE OF

POLITICAL RESTRICTIONS, WITHIN FISCAL SERVICES OF THE

COUNTY FIRE DEPARTMENT, AND FUND IT WITH A MINIMUM OF ONE

( 1) FULL- TIME STAFF MEMBER. STAFFING SHOULD BE INCREASED AS

RECOVERY AND CASELOAD INCREASES.

04- 11 PURSUE ALL POSSIBLE AREAS OF COST RECOVERY, INCLUDING

APPLICABLE INSURANCE FOR HOMEOWNERS, AUTOMOBILE,

MEDICAL, HAZARDOUS MATERIAL SPILL, CLEAN UP AND FIRE AND

AMBULANCE RESPONSE.

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AD HOC COMMITTEE

FIRE DISASTER OF 2003

THE FIRES

BACKGROUND

The Grand Prix Fire started on October 21, 2003 near the community of Rancho

Cucamonga. It burned 59,448 acres and destroyed 135 homes, 60 outbuildings and one

commercial structure. The fire claimed one fatality. 54,684 residents were evacuated. The

cause, although not arson, was found to be human in origin.

The Old Waterman Fire began October 25 near Waterman Canyon. There was

91,281 acres of land destroyed in the fire. 993 homes and ten ( 10) commercial properties

were destroyed by the fire. Thirty- five ( 35) homes had structural damage. There were six

( 6) stress related deaths and many other injuries. 102,151 residents were evacuated. The

cause of the fire was determined to be arson.

The County established a $ 50,000 reward for information leading to the arrest and

conviction of anybody involved in the arson. Another $ 50,000 reward was established by

Stater Bros. supermarkets.

The fires were so intense that tornado- like firestorms scattered debris higher than

anyone in local memory could recall. One pilot involved in water drops reported

encountering burning plywood at 1300 feet.

Six air tankers were withdrawn from firefighting operations when the windshields of

the aircraft were cracked.

When the Cedar Fire began near San Diego, firefighting resources were stretched to

capacity.

FINDINGS

At one time there were twelve ( 12) different fires burning throughout California. The

unified command structure included nine ( 9) incident commanders each on the Grand Prix

and Old Waterman fires.

Priorities kept changing as the emergencies created by the fires changed. The top

priority was protecting life and the second was protecting property. Because the Cedar Fire

near San Diego began incurring loss of life, resources were pulled from the fires in San

Bernardino County and transferred to the Cedar Fire.

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The Mountain Area Safety Task Force ( MAST) was a success story of good fire

management. In September 2002 County officials and other agencies and utility

companies began creating plans to handle the potential fire hazard that the bark beetle

infestation was creating in the San Bernardino Mountains.

This group realized that if the County experienced fires, the mutual aid system would

bring firefighting units to the area. They developed detailed fire maps for those units

unfamiliar with County territory. Once the actual fires began, this proved to be very useful.

A lack of adequate channels hindered communications among the firefighting teams,

hampering the command control of units fighting the different fires. At various times, while

actually fighting the fires, command teams were not always aware of where the fire engines

were all located. Utilization of available Global Information System ( GIS) technology would

have helped the situation by providing instant tracking of fire positions.

RECOMMENDATION

04- 12 PROVIDE THE MOST UP- TO- DATE GLOBAL INFORMATION SYSTEM

TECHNOLOGY TO THE COUNTY FIRE DEPARTMENT FOR

COORDINATED COMMUNICATIONS DURING A DISASTER.

EMERGENCY OPERATIONS CENTER ( RIALTO)

BACKGROUND

The Emergency Operations Center ( EOC) is located at Rialto Airport. Its purpose is

to coordinate the multi- agency responses to major emergencies that occur in the County.

Individuals who are notified to report to the EOC are trained to perform specific functions

designated under the Standardized Emergency Management System ( SEMS) as mandated

in California Senate Bill 1841.

Over 200 EOC responders are ready 24 hours a day, seven days a week. Many

agencies stand ready with numerous corresponding Department Operations Centers

( DOC). They include County departments, utility companies, hospitals, the California

Highway Patrol, the California Department of Transportation, the California Air National

Guard, and the American Red Cross.

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FINDINGS

Several employees from the County’s Information Services Department ( ISD) and

the County Fire Information Systems ( IS) staff were actively involved in the operational

support efforts in the County Fire Communications Center at Rialto Airport during the fire

disaster in the fall of 2003. ISD also provided support efforts for the Logistics Group. Due

to its activity and participation, several observations were made.

When the fire disaster was increasing significantly in scope and its potential impact

on mountain communities was becoming more obvious, call volumes and the ability to

handle calls efficiently became a challenge. When call volumes increased or it was

important to reach a specific individual, the group began to rely on wireless cell phones to

successfully accomplish support tasks. Cell phone coverage or availability varied among

the different wireless service vendors being used.

A problem that surfaced was the lack of an adequate loudspeaker system at the

EOC headquarters. ISD provided the EOC with a portable unit, but it would not interface

with the existing speaker system in the building. Integrating a system into the existing

speakers in the building would be useful.

The existing EOC Information Technology ( IT) infrastructure does not fully

accommodate access to the County network. The majority of the EOC participants who

staff the various EOC support groups during a disaster are County employees. It is

important that they have access to a certain number of personal computer workstations or

have the ability to connect their laptops to the County e- mail system, other County

information data systems, and the Internet.

This would allow them to perform their assigned EOC tasks and communicate with

other County employees and their departments. Access to the County network is being

addressed now that the Consolidated Fire Agencies of the East Valley ( CONFIRE) and the

Joint Powers Authority ( JPA) has been authorized by the Board of Supervisors to manage

the network services for County Fire and the Emergency Operations Center.

The various EOC support groups ( i. e., Information Center, Public Relations,

Operations, Logistics, etc.) have procedures and processes that are “ paper bound,” which

makes the communication of statuses and next action steps to be taken somewhat

cumbersome.

The EOC management team could take advantage of newer application software

technology that would allow them to track their EOC activities from initial event reporting

along with all actions taken during the event, up to and including the final action taken to

bring it to closure.

This technology approach can incorporate event workflow management with support

staff assignment tracking, priority setting and event escalation, if certain activities do not

occur according to prescribed procedures and timeframes. Event status and next planned

2003- 2004 San Bernardino County Grand Jury Final Report

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activities can be displayed on a screen for all to see within the EOC. The system could be

accessed to easily obtain this type of information.

ISD states this type of software application is available and cost- effective. ISD also

has experience and expertise in developing applications of this nature and can assist the

EOC Management Team in this initiative.

RECOMMENDATIONS

04- 13 CONDUCT AN INFORMATION TECHNOLOGY ( IT) ASSESSMENT OF THE

EMERGENCY OPERATIONS CENTER’S INFRASTRUCTURE WITH

REGARD TO WIRE LINE/ WIRELESS COMMUNICATIONS CAPABILITIES,

PERSONAL COMPUTER WORKSTATION CONNECTIVITY AND

BUSINESS PROCESS IMPROVEMENT.

04- 14 CONTACT EACH COUNTY AUTHORIZED WIRELESS CELL PHONE

VENDOR AND OBTAIN ASSURANCE THAT THEY HAVE ADEQUATE

COMMUNICATION WITH THE RIALTO EMERGENCY OPERATIONS

CENTER.

04- 15 PURCHASE AND INSTALL THE NECESSARY EQUIPMENT TO ENSURE

THE INTEGRATION OF THE EOC SPEAKER SYSTEM INTO THE

EXISTING SPEAKER SYSTEM IN THE BUILDING AT RIALTO AIRPORT.

04- 16 CONDUCT AN ASSESSMENT OF THE COST- TO- BENEFIT RATIO OF

PURCHASING OR HAVING THE INFORMATION SERVICES

DEPARTMENT DEVELOP THE SOFTWARE APPLICATIONS TO TRACK

ALL ACTIVITY DURING A DISASTER.

EVACUATION AND SHELTERS

BACKGROUND

In the last week of October 2003, when wild fires ravaged County forests, homes

and other properties, thousands of San Bernardino County residents were evacuated from

their homes. The County and the American Red Cross established evacuation centers that

provided food, beds and other basics of life.

2003- 2004 San Bernardino County Grand Jury Final Report

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San Bernardino International Airport ( formerly Norton Air Force Base) in San

Bernardino and the Jessie Turner Community Center in Fontana were two designated

evacuation centers. Federal, State and County agencies as well as churches, community

businesses and other relief organizations contributed their services to the evacuation

centers.

FINDINGS

Some mountain evacuees at the International Airport center reported receiving “ no

answer” to the fire information number for the community of Blue Jay. They evacuated only

when alerted by neighbors advising them to “ get out.”

In both evacuation centers visited by the Grand Jury it was evident that television

and radio newscasts were the only sources of information. The newscasts provided

minimal continuous information about the areas from which individuals were evacuated,

which seemed to stress already overstressed individuals.

Some evacuees reported thefts at the airport center.

A registration of evacuees was maintained at both centers. If an evacuee left for

another destination, no information was recorded about that evacuee’s destination to

provide to other individuals concerned about the evacuee’s whereabouts.

At the Jesse Turner Center in Fontana, facilities were not adequate to handle the

large influx of evacuees. Four showers were depleted of hot water after several uses.

Some evacuees moved out soon after checking into the facility.

Donations of clothing were disorganized. Items were dropped off at the premises

without any cataloging done. It made it difficult to accommodate evacuees trying to find

needed donated items when they were not properly segregated.

RECOMMENDATIONS

04- 17 ESTABLISH A DISASTER WARNING AND INFORMATION TELEPHONE

NUMBER ( IN ADDITION TO FIRE AND POLICE) AND OPERATE IT 24

HOURS A DAY, EVERY DAY OF THE YEAR.

04- 18 EQUIP EVACUATION CENTERS WITH STRATEGICALLY PLACED LARGE

SCREEN TELEVISION SETS THAT DISPLAY CONTINUOUS UP- TO- DATE

INFORMATION FOR EVACUEES ABOUT THE DISASTER AND WHAT IS

OCCURRING IN COMMUNITIES AFFECTED BY THE DISASTER.

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04- 19 INSTALL MONITORS TO PROTECT EVACUEES FROM PROPERTY

THEFT, AND POST SIGNS WARNING AGAINST PROPERTY THEFT.

04- 20 ESTABLISH A COMMUNICATIONS SYSTEM THAT PROVIDES A BETTER

TRACKING SYSTEM ON EVACUEES AND PROVIDES INFORMATION TO

CONCERNED INDIVIDUALS TRYING TO LOCATE AN EVACUEE.

04- 21 ESTABLISH A MORE ORDERLY SYSTEM OF RECEIVING DONATED

ITEMS AND INSTITUTE A CATALOGING SYSTEM THAT MAKES IT MORE

CONVENIENT TO LOCATE AND DISTRIBUTE DONATED ITEMS TO

EVACUEES WHEN THEY REQUIRE THEM.

2003- 2004 San Bernardino County Grand Jury Final Report

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LAND USE SERVICES DEPARTMENT

CODE ENFORCEMENT DIVISION

BACKGROUND

A confidential citizen complaint alleging abuse of power by individuals involved in the

Code Enforcement Division of the San Bernardino County Land Use Services Department

was received by the 2003- 2004 Grand Jury.

A review of this complaint determined that a similar one had been reviewed by a

previous Grand Jury and involved many of the same individuals.

FINDINGS

The Code Enforcement Division of the Land Use Services Department operates

without a departmental operations manual. An operations manual would assure standard

practices throughout the department and eliminate errors in the documentation and uniform

enforcement of codes throughout the County.

RECOMMENDATION

04- 22 DEVELOP AND ADOPT AN OPERATIONS MANUAL FOR THE CODE

ENFORCEMENT DIVISION OF THE LAND USE SERVICES

DEPARTMENT.

2003- 2004 San Bernardino County Grand Jury Final Report

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COUNTY MUSEUM

BACKGROUND

The San Bernardino County Museum consists of a main site in the City of Redlands,

and seven satellite museums located in the five Supervisorial Districts of the County.

The main Museum houses a major valuable bird egg collection. The Museum staff

has assembled a valuable natural history collection acquired during the oversight of the

paleontological site at Diamond Lake near Hemet. The Museum has agreements with the

U. S. Bureau of Land Management and other Federal agencies to supervise various dig

sites in San Bernardino County and southwest California. The Museum also contracts with

local developers to do the necessary archeological studies of land that has been approved

for development.

FINDINGS

On July 10, 1970 the Board of Supervisors entered into an agreement ( amended

July 6, 1971) with Mr. & Mrs. Louis Mousley in which the County accepted the gift of the

Mousley Museum.

The agreement stipulates that the County will maintain and keep open the Yucaipa

satellite museum, known as the Mousley Museum, “… in perpetuity as a free public

museum and wildlife sanctuary for the benefit of the people of San Bernardino County.”

The Mousley Museum and adjoining wildlife area is currently closed.

During its investigation, the Grand Jury noted that budget cuts and the

accompanying loss of staff make it extremely difficult for the County Museum to carry out its

mission and maintain the Mousley Museum as stated in the original agreement.

Budget cuts also make it difficult for the County Museum to properly collect,

preserve and provide educational displays of collections, as well as the many anticipated

acquisitions in the future.

RECOMMENDATIONS

04- 23 INSTITUTE A STUDY OF THE PROCEDURES AND POLICIES

REGARDING THE COUNTY’S TREATMENT OF GIFTS, AND PROVIDE

GUIDELINES FOR THEIR ACCEPTANCE AND ADMINISTRATION.

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04- 24 PROVIDE FUNDS TO ENABLE THE COUNTY MUSEUM TO COMPLY

WITH THE 1970 AGREEMENT BETWEEN THE COUNTY AND THE

MOUSLEY MUSEUM.

2003- 2004 San Bernardino County Grand Jury Final Report

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REGISTRAR OF VOTERS

BACKGROUND

The purpose of the office of the Registrar of Voters ( ROV) is to provide accurate and

complete election service to the voters of San Bernardino County.

FINDINGS

The current Registrar of Voters came to this County with previous experience in

using the touch screen voting equipment manufactured by Sequoia Voting Systems.

In 2003, complying with Federal and State mandates, the Registrar of Voters

purchased 4,000 touch screen voting units and related equipment, software and technical

professional services from Sequoia Voting Systems.

The new equipment was first used in San Bernardino County in January 2004 in a

recall election in the City of Highland. The election produced results that showed the touch

screen voting equipment was accurate and voter and poll- worker friendly. The California

Primary Election of March 2, 2004 was the first large- scale use of the equipment. In that

election the ROV programmed the equipment for over 20,000 ballot variations in 818

precincts at 408 polling places located in over 20,000 square miles of San Bernardino

County.

Our investigation found there were a few minor problems encountered in the March

2004 election. They were identified and plans were implemented to correct the problems.

Permanent polling places are established. No private homes or garages are used.

ROV teams check each polling place for adequate working space, sufficient electrical

power, handicap accessibility, parking, and ease of voting.

The voting machines are delivered to polling places one or two days prior to Election

Day. When the polls close only a box containing the electronic vote recording cartridges

and paper printouts from each machine, voted absentee and provisional ballots and excess

supplies are transported by vehicles to designated and centralized collection points. They

are then transported to the main vote counting equipment at the ROV office in the city of

San Bernardino. The voting machines are retrieved the day following an election.

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At Primary Election voting sites in March 2004, departing voters were asked to

respond to a questionnaire giving their opinion on the new touch screen voting system.

• 98.7% Machines were easy to use

• 96.7% Better than any voting system used before

• 91.8% Confident their vote was correctly recorded

There were complaints that “ The hardest part was putting the accessing card into

the slot.” The accessing card needs to be securely in place to start the voting process.

Federal funds called “ Punch Card Buyout Money” help counties offset the cost of

abolishing the punch card system. The funds are supplied to the states for further

distribution to counties to help offset the cost of converting from the punch card system to

touch screen voting. San Bernardino County’s share of the funds will be approximately

$ 2.1 million.

The Registrar of Voters should remodel its customer service counters to improve its

service to the voters and improve security for the electronic voting equipment stored there.

RECOMMENDATIONS

04- 25 APPROVE FUNDS FOR THE CAPITAL IMPROVEMENT REQUIRED FOR

THE INTERIOR LAYOUT CHANGE AT THE REGISTRAR OF VOTERS.

04- 26 ALLOW THE REGISTRAR OF VOTERS TO RETAIN 25 PERCENT OF THE

$ 2.1 MILLION ( OR $ 500,000) OF THE PUNCH CARD BUYOUT MONEY

FOR REMODELING.

HEALTH & HUMAN SERVICES

COMMITTEE

HEALTH & HUMAN SERVICES

COMMITTEE

Lee Fiebiger, Chair

Ray Abril

Rafael Contreras

Richard Ekwall

John Hartley

Lois Long

Jenny Overton

Bill Reid

Judy Rodgers

Burrel Woodring

2003- 2004 San Bernardino County Grand Jury Final Report

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HEALTH AND HUMAN SERVICES

COMMITTEE

Written County material was studied by appointed members of the Health and

Human Services Committee who then interviewed department Directors and their staff

members.

The following departments were reviewed:

Behavioral Health

Children’s Services

Preschool Services

Public Health

Veterans Affairs

Following are the reports and recommendations of the Health and Human Services

Committee.

2003- 2004 San Bernardino County Grand Jury Final Report

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DEPARTMENT OF BEHAVIORAL HEALTH

BACKGROUND

The San Bernardino County Department of Behavioral Health ( DBH) provides an

array of bilingual, geographically dispersed services to all County residents seeking mental

health care.

Outpatient and inpatient mental health services are managed by the Behavioral

Health Department and coordinated through the Arrowhead Regional Medical Center

( ARMC). The departments of Behavioral and Public Health and ARMC report directly to the

County Administrative Officer.

FINDINGS

Outpatient services are provided at clinics located in all regions of the County. A 90-

bed unit at ARMC provides inpatient care to patients with acute psychiatric disorders.

The administrative headquarters of Behavioral Health is located at 820 E. Gilbert

Street, San Bernardino, in a building called the East Valley Resource Center. The building,

which opened February 23, 2004, occupies approximately 22,000 square feet of

administrative and mental health care offices. Behavioral Health still needs 25,000 to

30,000 square feet of additional space to provide mental health services. Additional

administrative offices and clinics are located in four older County- owned buildings at 700

East Gilbert Street.

Eleven ( 11) buildings are located at the Gilbert Street site. Five ( 5) are closed due

to public safety reasons. Two buildings ( DBH Warehouse # 1 and Building # 5) are used for

storage. A house at 655 Gilbert Street, an old thrift store, and Building H, which was a

hospital, are currently empty. A building that was once a chapel is now identified by a

makeshift sign on a surrounding chain link fence as the “ Gabrielle Mulvane Community

Center”. The building, not owned by Behavioral Health, is currently operated by the

community- based, non- profit organization, I. C. U. C., under a Board of Supervisors approved

contract.

The Gilbert Street and Paseo Way entrances provide access to the buildings, which

are identified by numbers or alphabetical letters. At the Gilbert Street entrance a

deteriorating sign with faded lettering advertises the County of San Bernardino Department

of Behavioral Health. The other weathered sign at the Paseo Way entrance lists incorrect

and outdated information about the buildings and the services they provide.

2003- 2004 San Bernardino County Grand Jury Final Report

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Buildings 2 and 3 were built in the late 1960s. Building 4 was built in 1972 and

construction on Building 5 was completed shortly after. The buildings are modular trailer

units that were erected with a 15- year life expectancy. Building 6 was completed in August

1995. During their existence they have been investigated for unsafe conditions that pose a

potential threat to the health and safety of Behavioral Health employees and patients.

Computer records at the Risk Management Division of the Human Resources

Department, dating from November 10, 1998 to October 31, 2003, outline investigations of

the buildings for poor air quality, formaldehyde exposure, dry rot, leaking roofs, mold

contamination, dead birds and bird droppings between interior walls, and rodent infestation

to such an extent that rats have been discovered in the ceilings, insulation and the sub-flooring

of the buildings.

Building 4 has had a history of complaints from employees about odors in the facility.

Known as the Phoenix Outpatient Clinic, $ 10,000 was spent to clean the air ducts in

November 2003. Because it provides outpatient mental health services to adults, it requires

Medi- Cal certification every two years. Consequently, the building has to be rehabilitated

every four years. It cost $ 69,000 for asbestos abatement and overall refurbishing of the

building during the initial months of 2004. To demolish the structure would cost an

estimated $ 40,000 to $ 50,000.

Buildings 5 and 6 have been investigated for roof leaks, mold contamination, and

poor indoor air quality when employees complained of upper respiratory symptoms.

Building 5 was unilaterally closed by Behavioral Health in 2002 when it indicated it no

longer wanted to expend additional funds to remedy the mold contamination.

Risk Management contends that the building was closed by a mutual decision of

both departments. It did say that the number of complaints about the conditions at the

Gilbert Street buildings exceeded the norm for County buildings. The building remains

closed despite Risk Management’s June 17, 2002 memo which stated “… the facility can be

safely occupied once the mold abatement is completed.”

RECOMMENDATIONS

04- 27 REPLACE ALL OUTDATED SIGNS AT THE GILBERT STREET LOCATION

WITH MORE USER- FRIENDLY, STRATEGICALLY PLACED ENTRANCE

SIGNS DISPLAYING A MASTER DIRECTORY AND MAP THAT PROVIDES

DIRECTIONS TO PATIENTS, VISITORS AND EMERGENCY VEHICLES

THAT MAY BE SUMMONED TO THE LOCATION TO HANDLE LIFE

THREATENING EMERGENCIES.

2003- 2004 San Bernardino County Grand Jury Final Report

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04- 28 IDENTIFY BEHAVIORAL HEALTH BUILDINGS AT THE GILBERT STREET

LOCATION USING BUILDING PLACARDS THAT DESIGNATE THE

SERVICES AVAILABLE IN EACH BUILDING.

04- 29 REQUIRE THAT ALL BEHAVIORAL HEALTH BUILDINGS AT THE

GILBERT STREET LOCATION HAVE PAMPHLET MAPS TO ASSIST

VISITORS AND PATIENTS IN FINDING THEIR WAY AROUND THE AREA.

04- 30 CONDUCT REGULAR SAFETY INSPECTIONS OF THE BEHAVIORAL

HEALTH BUILDINGS AT THE GILBERT STREET LOCATION TO PROTECT

THE HEALTH AND SAFETY OF BEHAVIORAL HEALTH EMPLOYEES AND

PATIENTS, AND PROVIDE A WORKPLACE ENVIRONMENT THAT DOES

NOT PLACE THE COUNTY AT A LIABILITY RISK.

04- 31 CONDUCT A FEASIBILITY STUDY TO DETERMINE THE COST

EFFECTIVENESS OF MAINTAINING CLOSED BUILDINGS AND

SURROUNDING PROPERTY AT THE GILBERT STREET LOCATION AND

EVALUATE THE COST- EFFECTIVENESS OF REMODELING/

DEMOLISHING OLD BUILDINGS VERSUS CONSTRUCTING NEW

BUILDINGS SO MONEY IS NOT WASTED IN CONTINUOUSLY

REFURBISHING BUILDINGS THAT WILL EVENTUALLY STILL NEED TO

BE REPLACED.

2003- 2004 San Bernardino County Grand Jury Final Report

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DEPARTMENT OF CHILDREN’S SERVICES

BACKGROUND

Children in San Bernardino County are served by several departments and

agencies. They include Child Support Services, the Children’s Network, the Department of

Behavioral Health, the Department of Children’s Services and the Preschool Services

Department. All are divisions of the County’s Human Services System.

The Department of Children’s Services ( DCS) provides family centered programs

and services designed to insure safe, permanent nurturing families while strengthening and

attempting to preserve the family unit. The three main services of Foster Care, Child

Protective Services and Adoption Services are provided by a staff of approximately 900.

FINDINGS

The Department of Children’s Services has over 5,000 children placed out of their

homes in various shelter care programs, including some out- of- state placements.

In addition to the department headquarters in San Bernardino, there are satellite

offices serving families in outlying areas of the County.

The caseload is 35- 70 children for each social worker, allowing just a few hours a

month to spend on each child. Sometimes this is conducted through telephone calls. Our

investigation revealed the need to correct the ratio of social workers to children/ clients.

There is no recommended caseload from the State.

During this Grand Jury’s tenure there was frequent publicity about the frustration of

families in the system who felt disenfranchised from their children. They were vocal at the

Board of Supervisors meetings and received media attention. The issues could not be

solved within the Board’s legal scope because State and Federal legislation and mandates

of the Court system prevent changing Court decisions.

The serious problem of social worker understaffing could be lessened by the use of

volunteers. However, volunteers in the department have to be specially trained because of

the confidentiality of cases. Currently this training is not provided. DCS is hopeful that the

Human Services System will develop a large cadre of volunteers who are screened and

properly trained.

2003- 2004 San Bernardino County Grand Jury Final Report

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RECOMMENDATIONS

04- 32 HIRE MORE SOCIAL WORKERS TO CORRECT THE OUT OF BALANCE

RATIO OF SOCIAL WORKERS TO CLIENTS.

04- 33 MAKE FUNDS AVAILABLE TO HIRE AN ADMINISTRATOR TO OVERSEE

TRAINING AND COORDINATION OF VOLUNTEERS FOR THE

DEPARTMENT OF CHILDREN’S SERVICES.

2003- 2004 San Bernardino County Grand Jury Final Report

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PUBLIC HEALTH DEPARTMENT

BACKGROUND

The Public Health Department enforces all Health and Safety codes. Its primary

function is to protect the citizens of the County from any outbreak of disease or chronic

illness, and maintain an accurate tracking system should such an occurrence take place.

FINDINGS

The County Administrative Office seeks to improve service and reduce costs by

closely evaluating services provided by the Arrowhead Regional Medical Center ( ARMC),

the Department of Behavioral Health and the Public Health Department. The directors of

Behavioral Health and Public Health report directly to the County Administrative Officer

( CAO). This will facilitate the future restructuring of these operations without any immediate

changes to salaries or staffing.

Grand Jury investigation noted duplication of Behavioral Health services, facilities

and personnel located in close proximity to ARMC. Relocating these services and

personnel to ARMC and reducing the need for leased clinical space will bring immediate

cost savings to the County.

The citizens of this County and past Grand Juries recommended that a restaurant

grading system be implemented. On April 27, 2004 the Board of Supervisors directed the

Department of Public Health to prepare a restaurant inspection grading ordinance for

adoption and to report back to the Board within 45 days.

RECOMMENDATIONS

04- 34 CONSOLIDATE SERVICES, FACILITIES AND PERSONNEL OF THE

PUBLIC HEALTH AND BEHAVIORAL HEALTH DEPARTMENTS WITH

ARROWHEAD REGIONAL MEDICAL CENTER ( ARMC).

04- 35 IMPLEMENT A RESTAURANT GRADING SYSTEM THROUGHOUT THE

COUNTY.

2003- 2004 San Bernardino County Grand Jury Final Report

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VETERANS AFFAIRS DEPARTMENT

BACKGROUND

The San Bernardino County office of Veterans Affairs is a department within the

County Human Services System. Established in 1926, it is the oldest county veterans’

service office in the state and the nation.

The County currently has the fourth largest veteran population in the State of

California. The department was created to help local veterans and their families obtain

veterans’ benefits from Federal, State and local agencies. 568,000 veterans, dependents

and survivors reside in San Bernardino County.

Members of the Grand Jury visited the main Veterans Affairs office in San

Bernardino and the part- time office in Twentynine Palms that provides service in that area

every other week.

FINDINGS

San Bernardino County Veterans Service Representatives are not employees of the

Federal government; they are County employees who assist veterans with claims. They

work closely with service officers from most of the main veteran’s organizations. They play

an important role in the national veteran’s advocacy network.

There is minimal duplication between the County and the Federal government. The

Federal veterans’ offices in the County provide medical care, health services and

psychological counseling. The only non- medical veterans’ service for County residents,

other than the County Veterans Affairs office, is in West Los Angeles.

The San Bernardino office has one supervisor, two full- time and one part- time

service representatives and two clerks. The Chino office has one supervisor and one clerk.

The Victorville office has one supervisor, three service representatives and two clerks. The

department also conducts one day a week visitation to the Loma Linda VA Hospital and

USDVA Counseling Center on Hospitality Lane in the city of San Bernardino.

Barstow, Yucca Valley and Twentynine Palms are only visited twice a month. They

utilize office space in local senior or community centers. Office hours are 9: 00 a. m. to 3: 00

p. m. The single Veterans’ Services Representative sees 30 to 50 veterans or dependents

on an average day, with a waiting list that carries over to the next visit. The large veterans’

population in Twentynine Palms and Yucca Valley ranges from servicemen about to be

discharged from the Twentynine Palms Marine Corps Base to elderly World War II

veterans, and is steadily increasing.

2003- 2004 San Bernardino County Grand Jury Final Report

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RECOMMENDATION

04- 36 INCREASE THE OFFICE VISITS AND OFFICE HOURS IN THE YUCCA

VALLEY AND TWENTYNINE PALMS OFFICES OF THE VETERANS

AFFAIRS DEPARTMENT TO PROVIDE ADEQUATE WEEKLY SERVICE.

INTERNAL SERVICES

COMMITTEE

INTERNAL SERVICES

COMMITTEE

Brad Kuiper, Chair

Ray Abril, Jr.

Gordon Bjorklund

Rafael Contreras

Lee Fiebiger

Arden Fritz

John Hartley

Hal Henry

Roy June

Bill Reid

2003- 2004 San Bernardino County Grand Jury Final Report

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INTERNAL SERVICES COMMITTEE

The Internal Services Committee reviewed the operations and functions of the

County’s Internal Services Group, which includes the following departments:

Architecture and Engineering

Facilities Management

Fleet Management

Purchasing

Real Estate Services

Subcommittees were formed and each of these departments was investigated by the

Grand Jury. Final reports with recommendations follow for all of these departments except

Real Estate Services.

2003- 2004 San Bernardino County Grand Jury Final Report

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ARCHITECTURE AND ENGINEERING

DEPARTMENT

BACKGROUND

The Architecture and Engineering Department ( A& E) is responsible for the planning,

design and administration of the County’s Capital Improvement Program. A& E is required

to implement, manage and refine the County’s delivery process to preserve its resources

and maintain the quality of construction established by the standards of State and local

government. The staff prepares bid packages and advertises for bids, negotiates and

administers contracts for design and construction, and provides inspection and construction

project management services to final completion.

FINDINGS

A& E has 23 employees to carry out its responsibilities. The department is self-supporting

because each project includes management costs. Each project is assigned a

project manager who follows it from beginning to end. Nine ( 9) project managers supervise

approximately 250 projects per year. Projects costing less than $ 25,000 do not require

approval by the Board of Supervisors.

A& E manages projects in two major phases. The first phase is called a Professional

Services contract. Contracts are awarded based on the ability of the professional service

consultant to complete the task. Other criteria include the ability and experience of staff

and the quality of the contractor’s references and recommendations.

The second phase is the Construction contract. These contracts are awarded in

compliance with the standards, codes and policies of State and local governments. Each

contract has a ten percent ( 10%) contingency built into the cost to cover change orders in

the contract.

The Architecture and Engineering Department has no policy and procedures manual

to protect it and the County if questions arise about department operations. A& E does have

an in- house procedure that tracks each project to meet target dates for completing each

step of the project.

RECOMMENDATION

04- 37 DEVELOP A POLICY AND PROCEDURES MANUAL TO PROTECT THE

ARCHITECTURE AND ENGINEERING DEPARTMENT AND THE COUNTY

AGAINST QUESTIONABLE POLICIES AND PROCEDURES.

2003- 2004 San Bernardino County Grand Jury Final Report

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FACILITIES MANAGEMENT

DEPARTMENT

BACKGROUND

The Facilities Management Department is responsible for the cleaning and

maintenance of 250 County buildings. For leased buildings, the lease agreements require

cleaning and maintenance. The department employs approximately 47 custodians, 24

groundskeepers and 55 maintenance personnel.

FINDINGS

Facilities Management is negotiating with other departments, especially the Human

Services System, to find ways to utilize volunteers and community service workers from

various programs.

The Senior Home Repair Program, a Federally- funded program in San Bernardino

County, is administered through the Facilities Management Department.

A major portion of the department’s budget of $ 14,503,536 is allocated to paying the

County’s utility bills.

Facilities Management manually processed over 11,000 utility bills. It created an

inefficient billing system. There was no assurance that bills were being paid on time. It was

difficult to track the status of accounts that no longer existed due to cancellation or other

reasons. It was difficult to match accounts with meters.

An audit conducted by Macias Consulting Group, Inc. regarding the utility bill paying

process recommended that the Facilities Management Department install a software

program to help reduce the amount of paperwork and provide monetary savings to the

County.

The Custodial staff has been reduced to a level where a custodian is responsible for

cleaning about 50,000 to 60,000 square feet per day. The industry standard is 20,000 to

25,000 square feet.

Most of the custodial staff is scheduled to work day shift hours to reduce labor costs

and address budgetary concerns. This requires their presence when County buildings are

the most crowded with employees and visitors doing business with the County. The

intermingling of custodial and maintenance staff with the knowledgeable and trained staff of

County departments is disruptive to the work patterns of both groups and affects

productivity.

2003- 2004 San Bernardino County Grand Jury Final Report

38

Limited staffing requires supervisors to perform a daily triage of areas to clean.

Some departments have expressed dismay that a reduced cleaning and

maintenance staff has curtailed the cleaning and maintenance of floors and carpets. To

keep areas presentable, staff members in some departments occasionally set aside time for

cleaning. It is not cost effective to have knowledgeable trained personnel of departments

doing tasks that the trained staff of the Facilities Management Department should be doing.

RECOMMENDATIONS

04- 38 ADOPT THE UTILITY ANALYSIS AUDIT BY MACIAS CONSULTING

GROUP, INC. AND INCORPORATE ITS FINDINGS INTO THE FACILITIES

MANAGEMENT DEPARTMENT.

04- 39 ENDORSE THE FACILITIES MANAGEMENT DEPARTMENT’S EFFORTS

TO INCLUDE ALL COUNTY BUILDINGS ON THEIR COMPUTER

PROGRAM, WHICH WILL ENHANCE THE ABILITY TO CONTROL AND

PROJECT COSTS WITHIN THE DEPARTMENT.

04- 40 REINSTATE STAFFING LEVELS IN THE FACILITIES MANAGEMENT

DEPARTMENT TO A LEVEL THAT BRINGS THE SIZE OF THE AREA

COVERED BY CUSTODIAL AND MAINTENANCE STAFF TO A LEVEL

THAT IS SUBSTANTIALLY CLOSER TO INDUSTRY STANDARDS.

04- 41 RESTORE FUNDS TO ENABLE THE FACILITIES MANAGEMENT

DEPARTMENT TO ASSIGN CUSTODIAL AND MAINTENANCE STAFF TO

EVENING AND NIGHT SHIFT WORK.

2003- 2004 San Bernardino County Grand Jury Final Report

39

FLEET MANAGEMENT DEPARTMENT

BACKGROUND

A study of San Bernardino County policies revealed that of the five categories used

to define how vehicles are assigned to various departments, Category V was worded in

such a way that it could be interpreted that dependents of County employees or officials

would be able to operate those vehicles. Category V vehicles are assigned to employees

who may need a car 24 hours a day.

The County has three fleets in addition to the one controlled and serviced by the

Fleet Management Department; they are the Human Services System, Sheriff’s Department

and Special Districts/ County Fire Department.

FINDINGS

Within the County of San Bernardino Standard Practice Manual is Standard Practice

No. 12- 04 SP, Vehicle Services Rules and Procedures, Section 3, Assignment of Vehicles,

Category V – Personal Use Limited to Commuting. As worded, this policy could place the

County in an unnecessarily high- risk position by allowing dependents of County employees

and officials to operate County vehicles.

Our investigation found that the policies and procedures of Fleet Management have

not been reviewed or updated since 1992, and are in need of review and revision.

The County has in excess of 5,000 vehicles. Approximately 2,000 are under the

indirect supervision of the Fleet Management Department. Special Districts and the County

Fire Department hold about 400, and 600 are with the Human Services Division. The

Sheriff’s Department has about 2,000 vehicles.

In March 2004 the County entered into a four- month agreement with Fleet Counselor

Services, Inc. to provide a vehicle services management and operations review ( audit)

covering all departments that maintain/ purchase and dispose of vehicles.

Vehicles can be serviced by the Fleet Management Department and many are

serviced by outside sources. Fleet Management also services vehicles for non- profit

agencies in San Bernardino County at the County’s going rate for service.

2003- 2004 San Bernardino County Grand Jury Final Report

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RECOMMENDATIONS

04- 42 RE- WRITE STANDARD PRACTICE 12- 04, SECTION 3, ASSIGNMENT OF

VEHICLES, CATEGORY V – PERSONAL USE LIMITED TO COMMUTING,

TO ELIMINATE THE ABILITY OF DEPENDENTS OF COUNTY

EMPLOYEES OR OFFICIALS TO OPERATE COUNTY VEHICLES.

04- 43 REVIEW ALL POLICIES AND PROCEDURES RELEVANT TO FLEET

MANAGEMENT AND UPDATE THEM TO COMPLY WITH CURRENT

ESTABLISHED POLICIES AND PROCEDURES.

04- 44 COMPLY WITH THE RECOMMENDATIONS OF THE FLEET COUNSELOR

SERVICES AUDIT NOW IN PROGRESS, IF SUBSTANTIAL SAVINGS ARE

SHOWN BY CONSOLIDATING THE VARIOUS FLEETS INTO ONE

DEPARTMENT.

2003- 2004 San Bernardino County Grand Jury Final Report

41

PURCHASING DEPARTMENT

BACKGROUND

The Purchasing Department is responsible for the acquisition of equipment, supplies

and services for County departments. Four divisions of the department provide services to

the entire County:

• Procurement Division

• Printing Services

• Central Mail Services

• Central Stores

FINDINGS

The Purchasing Department has been honored with the “ Excellence in Procurement”

award three years in a row. The award was established in 1995 by the National Purchasing

Institute and recognizes the achievement of organizational excellence in public

procurement.

Our investigation revealed that the unauthorized removal of parts from computers

( cannibalization) is occurring. Computers are returned to Surplus Property without hard

drives. Printers are also returned to Surplus Property without software drivers to operate

them. There is no written policy that prohibits this practice of “ cannibalization” of

computers.

The Purchasing Department pays State- approved vendors $ 15- 20 to dispose of

each monitor. Working computers are distributed to other departments or sold. Our

investigation revealed reasons for cannibalization:

• Departments are unwilling to delete the information from hard drives

• Some departments have technicians who believe it is useful to have

inventory

• Misappropriation of parts

$ 260 million worth of supplies and services is purchased annually for County

departments. At least 7- 8 signatures are required to finalize a purchase.

The department collects approximately $ 80,000 annually from three public sales of

surplus property. Labor costs reduce the profit to $ 30,000. To save money, the

department wants to conduct just two sales of surplus properties to the public yearly.

2003- 2004 San Bernardino County Grand Jury Final Report

42

Board of Supervisors approval is required only if services and construction exceed

$ 25,000 per item. If budgeted by the department, there is no limit on goods, supplies and

materials any County department can obtain.

Our investigation found that the Purchasing Department needs new procurement

software programs for much of the work it now does manually. It is not possible to obtain

the necessary software that is compatible with the current County Financial Management

System program. The only software program now available for the Purchasing Department

is AMS 3.0. It is not compatible with the current Financial Management System software

AMS 2.1.1.

The Information Services Department explored a plan that would work, using the two

software versions. This plan would cost the County $ 1,206,200, plus a one- time start- up

cost of $ 185,015. It is not a long term solution, only a temporary one. Along with the high

costs, the two systems will never be completely synchronized, and the departments would

have different data. To get a complete current, accurate financial picture, the different

departments will have to utilize both systems. This is not a practical solution.

It will cost the County $ 5,000,000 to update the Financial Management System and

purchase procurement software for the Purchasing Department.

COMMENDATION

THE PURCHASING DEPARTMENT IS COMMENDED FOR BEING HONORED

THREE CONSECUTIVE YEARS WITH THE “ EXCELLENCE IN PROCUREMENT”

AWARD.

RECOMMENDATIONS

04- 45 IMPLEMENT POLICIES TO STANDARDIZE THE HANDLING OF SURPLUS

COMPUTERS, PRINTERS AND OTHER EQUIPMENT TO ASSURE THAT

THE COUNTY IS ADEQUATELY REIMBURSED FOR THE SALE OF

SURPLUS EQUIPMENT.

04- 46 CONDUCT SURPLUS PROPERTY SALES TWICE A YEAR.

04- 47 PURCHASE THE AMS VERSION 3.0 PROCUREMENT SOFTWARE FOR

PURCHASING, COUPLED WITH UPGRADING THE AUDITOR/

CONTROLLER- RECORDER’S FINANCIAL MANAGEMENT SOFTWARE

FROM AMS VERSION 2.1.1 TO 3.0, AT A COST OF APPROXIMATELY

FIVE MILLION DOLLARS ($ 5,000,000).

LAW AND JUSTICE

COMMITTEE

LAW AND JUSTICE

COMMITTEE

Roy June, Chair

Gordon Bjorklund

Dan Davis

John Hartley

Hal Henry

George Patrick

Judy Rodgers

Burrel Woodring

2003- 2004 San Bernardino County Grand Jury Final Report

43

LAW AND JUSTICE COMMITTEE

The Law and Justice Committee had the responsibility for investigating the following

County departments:

District Attorney

Probation

Public Administrator/ Coroner/ Public Guardian/ Conservator

Public Defender

Sheriff

The authority for the investigation of these departments is found in the California

Penal Code and Government Code.

It is to be noted that the Coroner’s report does not include a report on the Public

Guardian and the Public Administrator.

Following are the reports and recommendations of the Law and Justice Committee.

2003- 2004 San Bernardino County Grand Jury Final Report

44

DISTRICT ATTORNEY

BACKGROUND

The District Attorney is an elected officer and is responsible for the duties of 199

attorneys as well as a staff of administrators, investigators, secretaries and clerks.

The office is charged with the prosecution of offenses committed within the County.

These offenses are acts designated as crimes by the legislative bodies of the State, the

counties, cities and districts. Prosecution requires the services of the District Attorney’s

office in the Central Court in San Bernardino as well as in eleven ( 11) branch courts and

three Juvenile courts, one of which is in the City of San Bernardino.

The office is organized into special units that address specific areas of criminal

activity. Deputies, supervisors and staff are assigned to each special unit. Organized units

in place are Major Crime, Career Criminal, Workers Compensation Fraud, Elder Abuse,

Truancy, Domestic Violence, Auto Theft, Bad Check Restitution Program, Public Integrity,

Life Parole, and Victim Services. Special units have been organized and relate generally to

victims rights and services.

FINDINGS – COMMUNITY INVOLVEMENT

The District Attorney’s office is generally reactive in its operation. It does not go out

into the community seeking random criminals or crimes to prosecute. It reacts when cases

are brought to its attention by law enforcement agencies.

Discussion is taking place in the District Attorney’s office concerning a new concept

that would make the office proactive. This requires attorneys and investigators to go into

the community and work with the public on crime prevention. This community prosecution

concept is intended to augment the already intense prosecution duties undertaken by the

office.

The State Department of Justice publishes an annual report on criminal activity

throughout the State. This report is produced and distributed by the department’s

Information Services and is released by the Attorney General. The report for the year 2003

was released in April 2004. Despite intense law enforcement and vigorous prosecution,

criminal activity in San Bernardino County increased. The report for 2003 shows increases

over 2002 of two percent ( 2%) in violent crimes and 8.7 percent increase in property

crimes.

The creation of a proactive unit to go into the community with a program of crime

prevention is necessary, particularly in the area of crimes against property.

2003- 2004 San Bernardino County Grand Jury Final Report

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FINDINGS – CENTRAL BRANCH LOCATION

The Central Branch is the largest of the 12 branches of the Superior Court. Ten of

the Superior Court departments are used exclusively for criminal matters. The greatest

number of District Attorney deputies is assigned to the Central Branch. It handles the

heaviest caseload.

Divisions of the Central Branch are housed in five different locations within the city.

These locations are:

Location # Employees Sq. Ft. Occupied Yearly Cost

316 N. Mt. View 119 23,000 N/ A ( County facility)

606 E. Mill Street 7 1,700 $ 23,951

412 Hospitality Lane 84 23,933 $ 388,000

385 N. Arrowhead 8 1,733 N/ A ( County facility)

Pershing storage facility 0 1,240 $ 7,200

Total 218 51,606 $ 419,151

The Central Branch is located at 316 N. Mt. View Avenue. The next largest is 412

Hospitality Lane. The two offices are separated by four miles, parking lot to parking lot.

Driving time between the offices averages 15 minutes one way during working hours. This

has created problems in supervision, as well as disruption of prosecution proceedings.

Supervision by telephone, fax, interoffice mail, e- mail or courier is less effective than

face- to- face contact. In order to meet face- to- face, deputies or staff must assemble at Mt.

View Avenue or the supervisory staff must go to Hospitality Lane.

Bringing the two offices within walking distance of each other will create a more

cohesive operation. It will also eliminate any feeling of isolation and would better serve the

criminal justice system.

Delays in court proceedings are caused by extended recess time necessary for

round trips between the criminal courts and Hospitality Lane. These delays affect the

uninterrupted flow of evidence to the jury and jeopardize the prospect of conviction.

Moving the Hospitality Lane units to within walking distance of the criminal courts will

eliminate the need for extensive recess time during criminal prosecution.

The District Attorney’s Central branch must be consolidated and must be located

closer to the criminal courts.

Of all the sites considered, only one was found to be large enough and close enough

to the criminal courts.

2003- 2004 San Bernardino County Grand Jury Final Report

46

The building at 303 West Third Street is within walking distance of the criminal

courts. It is large enough to meet the space requirements of a consolidated central branch.

It is, or will be, acquired by the County. A move into this building will save the County

$ 419,151 annually. This is rent now being paid for buildings not owned by the County.

RECOMMENDATIONS

04- 48 CREATE A COMMUNITY PROSECUTION UNIT IN THE DISTRICT

ATTORNEY’S OFFICE TO WORK IN THE COMMUNITY ON CRIME

PREVENTION.

04- 49 MOVE THE DISTRICT ATTORNEY ORGANIZATIONS CURRENTLY

HOUSED AT 412 HOSPITALITY LANE IN SAN BERNARDINO CLOSER TO

THE CRIMINAL COURTS.

04- 50 CONSOLIDATE ALL OF THE DISTRICT ATTORNEY CENTRAL BRANCH

ORGANIZATIONS INTO A LOCATION WITHIN WALKING DISTANCE OF

THE CRIMINAL COURTS.

2003- 2004 San Bernardino County Grand Jury Final Report

47

PROBATION DEPARTMENT

BACKGROUND

The purpose of the San Bernardino County Probation Department is to protect the

citizens of the County through assessment, treatment and control of adult and juvenile

offenders. It provides a wide range of effective services based on legal requirements and

recognized professional standards.

FINDINGS

The department has approximately 50 adult casework probation officers who are

involved in the supervision of 14,500 cases. Each officer supervises a caseload of about

300 probationers. Cases are divided into high risk, regular, and low- risk categories to

determine the level of supervision required. The department also has 32 investigative

probation officers who investigate cases for the court and write pre- sentencing investigative

reports. Statistics show that the ratio of caseload to officer is higher than other counties in

the State that have comparable populations.

Adults on probation are required to pay a fee for supervision. Fees range from $ 15

to $ 30 per month, based on the level of supervision that is required and the ability of the

offender to pay. A separate Collections unit of County government that is not part of the

Probation Department is responsible for collecting the fees. This County Collections unit

receives 25 percent of the fees that are collected.

The Court may order a convicted defendant to pay restitution to the victim( s) of a

crime. The County Collections unit which monitors compliance with payment of restitution

often does not notify probation officers when a defendant defaults. Consequently,

probation officers responsible for the supervision of the defendant do not consider these

payments to be a high priority in the control and treatment of probationers.

Budgetary restrictions have forced the department to consolidate the supervision of

high- risk adult felons and sex offenders with lesser risk felons. This increases the likelihood

of repeat offenders and places the public at a greater risk of harm from them.

Responding to a demand for more bed space for juvenile residential detention

treatment centers, the Probation Department negotiated an agreement with Vision Quest, a

private service agency, to finance construction costs for a 144- bed facility for assessing and

treating juvenile offenders.

Despite some controversy over the nature and size of the agreement, the Board of

Supervisors approved a ten year contract with Vision Quest for 72 beds for in- County

juvenile resident assessments and treatment services. To financially protect the County,

2003- 2004 San Bernardino County Grand Jury Final Report

48

the Board agreement contains a clause that allows a “ release from bed guarantee” if there

is an insufficient number of juveniles to fill the 72- bed requirement. The Vision Quest

facility is state licensed and charges $ 5,000 per month. The State pays half the charges.

The costs cover food, medical and schooling. Probation personnel are not required at the

facility.

The costs in the Probation Department’s budget include $ 1,719,986 for combining

Food Services, $ 1,574,402 for Medical Services and $ 894,275 for Intake Services. The

present accounting system does not list items related to the separate department programs.

RECOMMENDATIONS

04- 51 HIRE AND TRAIN MORE PROBATION OFFICERS TO ATTAIN A BETTER

CASELOAD RATIO.

04- 52 ESTABLISH A SPECIAL COLLECTIONS UNIT WITH NEW POSITIONS IN

THE PROBATION DEPARTMENT THAT WORKS CLOSELY WITH

PROBATION OFFICERS AND MONITORS THE ABILITY OF DEFENDANTS

TO MAKE RESTITUTION TO THEIR VICTIM( S) AND/ OR PAY THEIR

SUPERVISION FEES.

04- 53 REINSTATE HIGH- RISK OFFENDER SUPERVISION AND CREATE A

SPECIAL SEX OFFENDER UNIT USING THE LATEST TECHNOLOGY FOR

SUPERVISING SUCH OFFENDERS.

04- 54 REQUIRE THE PROBATION DEPARTMENT TO PROVIDE THE COUNTY

WITH MONTHLY REPORTS ON THE VISION QUEST OPERATION.

04- 55 APPLY COSTS BUDGETED FOR FOOD, MEDICAL AND INTAKE

SERVICES TO EACH OF THE PROBATION PROGRAMS, SUCH AS CAMP

HEART BAR, KUIPER YOUTH CENTER AND THE REGIONAL YOUTH

EDUCATIONAL FACILITY TO SHOW A COMPARISON OF COST PER

INDIVIDUAL IN DETENTION.

2003- 2004 San Bernardino County Grand Jury Final Report

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CAMP HEART BAR

BACKGROUND

The San Bernardino County Probation Department opened Camp Heart Bar in 1999

with the support and cooperation of the U. S. Department of Forestry and the San

Bernardino County Superintendent of Schools. The site was a former State park and

Forestry Department fire station.

The program provides a 90- day highly structured experience for at- risk boys ages 15

to 17. It focuses on developing traits and skills that build self- reliance and prepare the

boys for a return to their communities.

FINDINGS

Camp Heart Bar is a paramilitary style boot camp for minors. The program began

with three youths ( cadets) and now has 20. They undergo individual three- month training

cycles and, depending on their age, continue with six- months of follow- up care.

There is one certificated school teacher and one teacher's aide. Some cadets have

special needs which are provided by a psychologist two days a week. During their three-month

training cycle, cadets are required to complete 100 hours of schooling or 25

educational credits.

There is no television or radio, and parents or guardians are only permitted to visit

cadets from 1: 00 p. m. to 3: 00 p. m. on Sundays.

Cadets earn rank privileges through military courtesies and inspections. They hold

daily military drills and color guard flag presentation.

On Saturdays the cadets perform camp cleanup and occasionally public service at

various city and county parks and campgrounds. They worked with the Salvation Army at

the evacuation center at San Bernardino International Airport during last year's major fires.

Our investigation revealed the Camp Heart Bar experience to be highly successful in

rehabilitating at- risk juveniles.

RECOMMENDATION

04- 56 ENLARGE THE CAMP HEART BAR FACILITY AND INCREASE THE

NUMBER OF CADETS IN ITS PROGRAM USING PRESENT CAPITAL

IMPROVEMENT PLANS.

2003- 2004 San Bernardino County Grand Jury Final Report

50

PUBLIC ADMINISTRATOR/ CORONER/

PUBLIC GUARDIAN

BACKGROUND

The San Bernardino County Public Administrator/ Coroner/ Public Guardian/

Conservator is an elected official.

The Coroner’s department is responsible for establishing the cause and manner of

death of County residents under its jurisdiction. It is also responsible for notifying the next

of kin and identifying the deceased. The department investigates over 9,400 deaths per

year, up from 7,900 since 1988. Approximately 2,000 of those deaths are investigated

within the Desert Division area. Deaths in this area continue to increase three to five

percent ( 3- 5%) per year.

The Public Administrator/ Public Guardian/ Conservator takes possession of estate

properties as required by the Probate Code and Welfare and Institutions Code, and/ or by

order of the Superior Court. These properties are stored in the department’s warehouse at

East Rialto Avenue in San Bernardino, until they can be transferred, sold or distributed with

the approval of the Superior Court.

FINDINGS

Temporary dividers separate the floor of the warehouse. Letters and numbers

placed on the walls of the warehouse form a grid for determining the location of estate

properties. This process has worked over the years with few problems. Still, there is a

possibility that such properties could be commingled due to human error or the floor shifting

in an earthquake.

The County’s current leased Desert Division facility in Victorville is approximately

1,800 square feet and is inadequate for providing services to constituents of this County.

It serves a population of more than 250,000 County residents. The facility has limited

storage space. The refrigeration unit has the capacity to store eight ( 8) bodies. The facility

has no capacity to perform autopsies or head- to- toe examination of human remains.

Families often have to travel more than 100 miles to assist investigators in resolving painful

issues regarding circumstances of death. There are no areas in the current leased facility

that are suitable to handle contaminated property and/ or clothing.

The East Desert Region, located at Needles and the Colorado River Basin, covers

9,460 square miles. To service this vast area, the Coroner presently employs one ( 1) full-time

deputy coroner investigator. For 28 years this was a fee- for- service contract position

involving a local merchant in Needles who required minimal reimbursement for his Coroner

services. In 2001 it became a County employee position, a Deputy Coroner Investigator in

the East Desert Region, with all County benefits.

2003- 2004 San Bernardino County Grand Jury Final Report

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The deputy coroner in Needles investigated 1,152 deaths from March 1, 2003

through March 1, 2004. The specific breakdown of these death investigations that he

responded to were seven accidental deaths, 24 traffic deaths, 16 natural deaths and two ( 2)

suicides. The other 1,128 deaths involved paperwork and phone calls pertaining to natural

deaths routed to the Needles office from all over the County.

The Needles deputy coroner has retired, leaving no local/ immediate coverage for the

East Desert Region. His retirement will require the reassignment of a deputy coroner from

the Central and Desert offices to assume the duties of the region, with all the additional

costs this assignment will create. More deaths due to a growing population and increased

interstate traffic have increased the need for additional Coroner staffing in the East Desert

Region. It is estimated that four ( 4) additional deputy coroners will be needed to adequately

cover this area.

RECOMMENDATIONS

04- 57 PURCHASE OR CONSTRUCT CONTAINERS FOR THE PUBLIC

ADMINISTRATOR/ PUBLIC GUARDIAN/ CONSERVATOR STORAGE

WAREHOUSE TO ADEQUATELY AND SECURELY HOUSE ESTATE

PROPERTIES.

04- 58 CONSTRUCT A NEW DESERT DIVISION STAND- ALONE FORENSIC/

INVESTIGATIVE FACILITY OF AN ESTIMATED 10,740 SQUARE FEET ON

COUNTY PROPERTY AT DALE EVANS PARKWAY IN THE TOWN OF

APPLE VALLEY.

04- 59 IMPLEMENT THE CORONER AND SHERIFF’S PLAN TO RETAIN

NEEDLES’ RESIDENT DEPUTY SHERIFFS AS DEPUTY CORONERS.

HUMAN RESOURCES WOULD NEED TO ESTABLISH A NEW JOB

CLASSIFICATION OF DEPUTY SHERIFF/ CORONER.

2003- 2004 San Bernardino County Grand Jury Final Report

52

LAW OFFICES

OF THE PUBLIC DEFENDER

BACKGROUND

It is constitutionally mandated that all persons accused of a crime shall have the

right to be represented by counsel. When persons charged with a crime claim they cannot

afford to hire their own legal representative, it is expected that the Public Defender’s office

will provide that representation by Court order.

FINDINGS

When the Public Defender determines there is a conflict of interest with clients, the

Courts will appoint a private attorney to represent them. This attorney is selected from a

group of attorneys called the Conflicts Panel. The cost of this representation is paid by the

County from the Indigent Defense Fund.

The Public Defender budget for 2003- 2004 was approximately $ 18 million. Ninety-five

( 95) of the Public Defender’s office staff of approximately 275 are attorneys.

Case statistics in the Public Defender’s office show the following filings for the fiscal

year ending June 30, 2003:

• 13,570 felony cases

• 29,962 misdemeanors

• 4,094 minor filings

A case is defined by the Administrative Office of the Courts as a filing of a document

with the court naming a person or defendant or respondent.

Members of the Grand Jury observed the arraignments calendar in the Central

District Superior Court.

The Public Defender is usually assigned to defendants at arraignment. Defendants

are required to fill out a form listing name, address, phone number and a Social Security

number, which is optional. They are then required to pay a $ 25 fee. This fee can be

waived by the Judge.

When a case is closed, the procedure calls for a hearing to determine if defendants

are truly indigent or if they can afford to employ a private attorney. This procedure is

frequently waived by the Judge. If an assessment is charged, it is usually less than what

2003- 2004 San Bernardino County Grand Jury Final Report

53

the actual costs are. They are frequently uncollected. The amount collected in 2002- 2003

and returned to the General Fund along with the $ 25 filing fee, totaled approximately

$ 650,000. The total budget of the combined Public Defender and Conflicts Panel was

$ 27.3 million.

The Public Defender does not investigate whether clients are indigent or not. The

Courts, however, use a form titled “ Information sheet on Waiver of Court Fees and Costs

( Calif. Rules of Court, rule 985)”, numbered 982( a)( 17)( A). It is used only in Family Court.

This form verifies the needs and financial information of an applicant, making it possible for

the Court to make a much more informed decision.

According to the National Advisory Commission of the American Bar Association,

the caseload of a full- time defense attorney or assigned counsel shall not exceed 150

felonies yearly, 400 misdemeanors annually, or 250 juvenile offender cases per year.

Based on the Grand Jury investigation, using the number of cases recommended by

the National Advisory Commission of the American Bar Association doubles the workload of

the San Bernardino County Law Offices of the Public Defender. Insisting on a more

efficient investigation for eligibility for indigent legal assistance reduces the number of cases

for the Public Defender and the Conflicts Panel.

The 2002- 2003 Grand Jury found security at the Juvenile facility in the San

Bernardino office to be substandard. It recommended improving the security between the

public and employees’ areas. The County agreed with the recommendation and ordered

the improvements to be implemented. This was scheduled for October of 2003, but as of

April 2004 it had not been implemented.

RECOMMENDATIONS

04- 60 WITHHOLD FUNDING TO THE INDIGENT DEFENSE FUND UNTIL A

MORE EFFECTIVE PROCEDURE FOR DETERMINING ELIGIBILITY IS

IMPLEMENTED.

04- 61 INCREASE THE NUMBER OF ATTORNEYS IN THE LAW OFFICE OF THE

PUBLIC DEFENDER.

04- 62 REESTABLISH A COMPLETION DATE FOR SECURITY IMPROVEMENTS

AT THE PUBLIC DEFENDER’S JUVENILE FACILITY IN SAN

BERNARDINO.

2003- 2004 San Bernardino County Grand Jury Final Report

54

SHERIFF

BACKGROUND

The Sheriff’s Department provides law enforcement and protection for citizens within

the unincorporated areas and contract cities of the County of San Bernardino. The task is

made more difficult by having to cover over 20,000 square miles of County land.

Previous Grand Juries have reviewed the Sheriff’s Department. Considering the

continuous comment and concern by citizens within the County regarding the propriety of

the department’s favorable and unfavorable actions, this Grand Jury felt compelled to again

review the Department.

FINDINGS

Prior Grand Juries have suggested the consolidation of the Coroner’s Office with the

Sheriff’s Department. There are only five counties left in the State that still has separate

Coroner’s offices. The Sheriff contends that cross training deputy sheriffs as deputy

coroners would partially eliminate lengthy Interstate 15 shutdowns involving traffic deaths,

especially in outlying areas such as the Baker Grade.

The Sheriff estimates there would be approximately $ 300,000 in savings by

combining the two departments. Cross training Sheriff’s deputies to be deputy coroners

would also enable the deputies to perform Coroner’s tasks and should eliminate the wait

time for a deputy coroner to arrive at the accident scene.

Aviation Division

The Sheriff’s Aviation Division is headquartered at Rialto Airport. During certain

times of the year, the airport experiences high winds. This poses such a high risk and

safety concern for aircraft, that flights are often grounded.

The condition of the flight line crew “ ready room” is substandard. This structure is an

old, temporary modular unit located north of the facility aircraft hangar. The unit needs

major maintenance and/ or repairs. The roof leaks and the heating and cooling system is in

such poor operating condition that portable heating and cooling units are presently used.

Communications – Valley Dispatch Center

The Valley Dispatch Center, adjacent to Rialto Airport, houses communications

equipment that represents state- of- the- art technology.

2003- 2004 San Bernardino County Grand Jury Final Report

55

Due to the number of operating personnel present and the heat generated by the

electronic equipment, the air conditioning is unable to maintain a comfortable level within

the Center, especially during the summer months. Area fans are used to maintain

adequate air circulation.

Personnel are concerned about their personal safety and the safety of the

equipment if a major seismic event occurs. The structure was originally a food storage

warehouse and has not been seismically retrofitted.

RECOMMENDATIONS

04- 63 COMBINE THE CORONER WITH THE SHERIFF’S DEPARTMENT.

04- 64 RELOCATE THE SHERIFF’S AVIATION DIVISION TO AN AREA THAT HAS

FEWER HIGH WIND INCIDENTS PER YEAR AND INTO BUILDINGS THAT

ARE SEISMICALLY SECURE AND WITH UPGRADED FACILITIES.

04- 65 RELOCATE THE SHERIFF’S VALLEY DISPATCH CENTER INTO A MORE

MODERN AND SEISMICALLY SECURE BUILDING THAT PROTECTS

EQUIPMENT AND THE PERSONNEL.