Grand Jury Report 2004 / 2005  1

TABLE OF CONTENTS

Letter from the Foreman ................................................................................... 2

Letter from Judge Vortmann and Judge Kalashian............................................. 3

History of the Grand Jury and Its Duties........................................................... 4

Reports:

Allensworth Community Services District .............................................. 6

The Dinuba Vocational Center ................................................................ 8

Tulare County Elected Officials Salaries ................................................. 10

Status of Tulare County Hospitals .......................................................... 12

Tulare County Sheriff Inmate Welfare Trust Fund .................................. 15

Tulare County Memorial Districts ........................................................... 21

Mental Health Crisis Response ............................................................... 23

Mosquito Abatement in Tulare County ................................................... 28

Tulare County Parks and Lakes .............................................................. 30

Special District Boards of Directors Meetings ........................................ 32

Tulare County School Districts Superintendents’ Severance Policies..... 34

Telemedicine in Tulare County ................................................................ 36

Tulare County Trash ............................................................................... 37

Citizen Complaint Procedures ........................................................................... 39

Photograph Legend ........................................................................................... 40

Grand Jury Nomination Form ........................................................................... 41

Citizen Complaint Form .................................................................................... 43

2  Grand Jury Report 2004 / 2005

Honorable Judge Paul A. Vortmann Honorable Judge Joseph A. Kalashian

Presiding Judge of the Superior Court Supervising Judge of the Superior Court

State of California State of California

County of Tulare County of Tulare

Dear Judge Vortmann and Judge Kalashian:

In accordance with California Penal Code Section 933, the 2004- 2005 Tulare Grand Jury

presents the Final Report to the Court and the citizens of Tulare County. This report

completes the work of the seventeen members who served on the Grand Jury for the past

twelve months. These members have dedicated countless hours of hard work evaluating

local government operations and making appropriate dispostions of citizen complaints.

The Grand Jury was treated with respect and a spirit of cooperation by nearly all officials

and employees of Tulare County local government which includes county, cities, public

schools, and special districts. The cooperation of these public employees and elected

officials enabled the jury to complete this report. The acceptance of the findings and the

implementation of the recommendations are now up to the public agencies identified in

this Final Report.

During the past year, members of the Grand Jury visited the Tulare County detention

centers, including the Bob Wiley Detention Facility, the Day Reporting Correctional

Center, the Main Jail, the Men’s Correctional Center, the Pre- Trial Detention Facility, the

Women’s Correctional Facility, and the Juvenile Detention Facility. The Grand Jury also

visited the Tulare County Sheriff Department and its substations at Pixley, Porterville,

and Cutler- Orosi.

The Members of the 2004- 2005 Grand Jury are honored to have had the privilege and

opportunity to serve the citizens of Tulare County. It has been an educational,

challenging and rewarding experience.

Sincerely,

Ernie Veenstra, Foreman

2004- 2005 Tulare County Grand Jury

Grand Jury Report 2004 / 2005  3

4  Grand Jury Report 2004 / 2005

HISTORY OF THE GRAND JURY

King Henry II of England impaneled the first sixteen- man Grand Jury in 1164 to remove criminal indictments

from the hands of the church.

In 1635 the first American Grand Jury was impaneled in the Massachusetts Bay Colony. Forty- eight years

later the presence of Grand Juries made its way into all the colonies, where the practice began of returning

“ presentments” primarily against public officials. These were not criminal indictments.

By the end of the Colonial period the Grand Jury had become an indispensable adjunct of government; it

proposed new laws, protested against abuses in government and wielded tremendous authority in the

power to determine who should and who should not face trial.

The Grand Jury system was not included in the original Constitution of the United States. It was first

codified in the Fifth Amendment to the Constitution.

THE GRAND JURY IN CALIFORNIA

The first California Penal Code contained statutes providing for a Grand Jury. Early Grand Juries investigated

local prisons, conducted audits of County books and pursued matters of community concern. Article 1,

Section 23 of the California Constitution states that one or more Grand Juries shall be drawn and

summoned once a year in each County.

California and Nevada are the only states in the country which mandate year- long Grand Juries.

Grand Jury Report 2004 / 2005  5

The Tulare County Grand Jury

The Tulare County Grand Jury is a judicial body of nineteen citizens impaneled to act as an “ arm of the

court” and the conscience of the community.

Forty- two states have some form of Grand Jury; however, only California and Nevada mandate the

impaneling of a Grand Jury each year. The primary function of a Civil Grand Jury is to conduct investigations

of city and county governments and other public entities. This activity is often referred to as a “ watchdog”

function.

When the investigations are completed, the Grand Jury will decide what recommendations should be made

i. e., to increase efficiency, improve services to the public, be prudent with funds received from tax payers.

Departments or agencies may be singled out for commendation for well managed operations. These are

collected in a Final Report.

Agencies or departments that are the subjects of this report must respond to the court within 60 to 90

days. The Final Report, once published, is distributed to the public and to public officials, libraries, the

press, television and radio and is available in the Grand Jury office, 5963 South Mooney Boulevard,

Visalia, California 93277, phone ( 559) 733- 6465.

In other counties, the Grand Jury may also serve to determine whether evidence is sufficient to return

indictments in criminal matters. In Tulare County such criminal matters are handled by the courts upon

presentation of evidence by the District Attorney or by specially appointed criminal Grand Juries.

Qualifications of a Grand Juror

A person wishing to serve upon the Grand Jury, must be an American citizen, a County of Tulare resident

for at least one year, never convicted of a felony and have a good working knowledge of the English

language. A grand juror must be free from bias and prejudice. Additionally, this person must be able and

willing to commit to Grand Jury service three to four hours each day, four to five days a week. The service

may require 25 to 30 hours per week.

Grand Jury Selection Process

Candidates for the Tulare County Grand Jury may be recommended by Superior Court Judges, solicited

from civic organizations or be volunteers responding to advertisements. Members of a current or seated

Grand Jury may volunteer to serve one additional year if they wish, subject to approval by the court. Jurors

may not serve more than two consecutive years. The presiding Superior Court Judge may use a screening

committee to compile a panel of qualified eligible candidates selected from the list of volunteers. These

citizens’ names provide a pool from which the Clerk of the Court draws the number of names necessary to

impanel a 19 member Grand Jury. Those selected are sworn in for a one year term by the Presiding

Superior Court Judge. The term in Tulare County begins on July 1 and ends on June 30.

6  Grand Jury Report 2004 / 2005

ALLENSWORTH COMMUNITY SERVICES DISTRICT

INTRODUCTION:

The Allensworth Community Service District was established in 1967 under the Community Services

District Law, Government Code 61000 et seq. to provide domestic water for the town of Allensworth.

The Code requires a five- member board to oversee the operations and revenues for the district. It is

typical of small rural special districts in Tulare County.

REASON FOR INVESTIGATION:

Multiple complaints were received from property owners in the Allensworth Community Services District

( ACSD).

PROCEDURES FOLLOWED:

The Grand Jury members:

1. Attended several ACSD Board of Directors meetings.

2. Interviewed relevant witnesses.

3. Reviewed water bills and billing procedures.

FINDINGS:

1. There are only three persons serving on the five- member board ( one was appointed in February, 2005).

2. Board members were in need of training in how to conduct meetings. Agenda production, parliamentary

procedure and the Brown Act were not followed at all times.

3. The California Rural Water Board helped in September 2004 to provide training in these areas. There

was subsequently great improvement.

4. Only 85 of the 117 water connections are active. Some connections are on vacant lots. The basic

water fee is $ 34.00 for the first 1000 cubic feet. An additional fee of $ 2.00 per 500 cubic feet is charged

for overage. Also, $ 2.00 per month is charged for street lights. Installation of new metered connections

cost between $ 950 and $ 1650, depending on whether the contractor must bore under the street or not.

5. District operation and maintenance costs vary between $ 4000- 4500 per month. Part of the monthly

expenses consists of paying on both a 1967 United States Department of Agriculture loan and a 1997

USDA loan for the new well and distribution system.

6. The water storage capacity is 14,000 cubic feet.

Grand Jury Report 2004 / 2005  7

7. Often more than one home site is being served with only one metered connection.

8. Water availability is limited by pumping and storage capacities. Due to an existing moratorium, new

connections are not permitted.

9. Although the town of Allensworth is serviced by Pacific Gas & Electric, the well site is serviced by

Southern California Edison. This has led to some communication and responsibility problems.

10. The ACSD needs outside help in solving its problems. Help has been offered by consultants, Community

Services and Employment Training and Self- Help, but it has often been refused.

RECOMMENDATIONS:

1. The ACSD Board should recommend to the Board of Supervisors the names of qualified applicants to

fill the two vacant positions on the ACSD Board.

2. The Board of Supervisors should appoint two more board members to bring the number up to the

requirement.

3. The ACSD needs to seek— and accept— help from outside sources to solve its pumping and storage

limitations.

RESPONSES:

The Allensworth Community Services District

The Tulare County Board of Supervisors

8  Grand Jury Report 2004 / 2005

THE DINUBA VOCATIONAL CENTER

INTRODUCTION:

The Grand Jury recognizes the need for students in high school and in the post- secondary system to be

provided an opportunity to acquire vocational job skills. Today’s job market is not only generating more

new jobs that require higher levels of skill, but also existing jobs require more education and better training.

REASON FOR INQUIRY:

The Grand Jury decided to determine whether or not the vocational centers within Tulare County were able

to meet the demands needed to provide this necessary training. The unemployment rate for the County of

Tulare is 17% and for the North County is approximately 23%. Attracting and retaining businesses is

critical to this area to produce job opportunities for Tulare county communities. It is for this reason that the

Grand Jury focused on the new Dinuba Vocational Center, located at the corner of “ L” and Fresno Street

in downtown Dinuba, to see how this vocational school in northern Tulare County is preparing its students

to meet these demands.

PROCEDURES FOLLOWED:

1. The Grand Jury visited the Dinuba Vocational Center and the jurors were given a tour of the center.

2. The Grand Jury interviewed relevant witnesses.

3. The Grand Jury also met and spoke with local agencies within Tulare County to compare their findings

on job skill training as well as academic classes that are being provided to help students achieve their goals.

FINDINGS:

1. The Dinuba Vocational Center is committed to providing students as well as other individuals who utilize

the facility, vocational training, and specialized skills that are needed in the business markets in Tulare and

Fresno Counties.

2. The Vocational Center has developed strong partnerships with Reedley College State Center Community

College, Proteus, Inc., Community Service and Education Training ( CSET), Dinuba Unified School District,

Tulare County Employment Connection, Dinuba Chamber of Commerce. The following participating

businesses include Ruiz Foods, Best Buy, and Odwalla.

3. The Fresno County Emergency Medical Services staff began last year teaching a Pre- Paramedic class

at the center for the various ambulance service providers in Tulare County. There will be approximately

eighty ( 80) students graduating from this program.

4. Tulare County Workforce Investment Board ( Employment Connection) is currently serving approximately

800- 900 people a month with job assistance. It has been overwhelmed with the response from the

community.

Grand Jury Report 2004 / 2005  9

5. Reedley College is offering basic college courses. There are currently over 350 students attending

classes at the center. The Vocational Center is currently awaiting approval for the Licensed Vocational

Program from the state and hopes to offer this program in January of 2006.

6. In March 2005, The Dinuba Redevelopment Agency, the Dinuba High School District and Reedley

College joined into a partnership in which high school students would build one house during the school

year. The high school will start this program in August 2005. Reedley College will also offer its new building

program in the 2007/ 2008 school year that will coordinate with the high school program. The college plans

to build one house during the school year in Dinuba.

CONCLUSIONS:

1. Combining all these services at one location completes the training and employment connection. It also

establishes strong partnerships with businesses with the local district, with colleges, with the City and with

the Tulare County Workforce Investment Board. The Dinuba Vocational Center is attempting to meet the

needs of the citizens in the North County who want to approve their earning capacity by utilizing the Center

and meeting the demands of the new learning skills that are being required. Students who wish to learn

trades will not have to travel out of the area to acquire these skills.

2. The Grand Jury is confident that the students and citizens of North Tulare County will be prepared to

meet the demands of those jobs that require better training and more education.

RESPONSE:

No response required.

10  Grand Jury Report 2004 / 2005

TULARE COUNTY ELECTED OFFICIALS SALARIES

REASON FOR INVESTIGATION:

The Tulare County Grand Jury was made aware of the apparent inequity between the salaries of elected

officials in the county.

PROCEDURES FOLLOWED:

1. The jury reviewed data from the Human Resource and Development Department to compare salaries

as well as duties of all elected officials.

2. The jury reviewed a questionnaire received from six ( 6) counties which contained the salary structure

for their elected officials. They are, Fresno, Kern, Kings, Madera, Sacramento, and Santa Barbara.

FINDINGS:

1. There was minimal information at the Tulare County Human Resources and Development Department

on the actual duties and responsibilities for these positions. Some of the job descriptions were written by

the officials themselves.

2. Prerequisites for the officials are not extensive for most and are prescribed by Election Code 201. All

elected officials must be citizens of the United States and registered voters in Tulare County at the time the

papers are filed. They must be 18 years of age, not in prison or on parole for the conviction of a felony, and

not determined by a court of law to be mentally incompetent. Additionally, they must possess the following

requirements to be elected:

a. The District Attorney must have been admitted to practice law in the State of California

( Election Code 201, Government Code 24001 & 24002).

b. The Sheriff/ Coroner must meet one of five different sets of criteria. The highest is “ An active or

inactive advanced certificate issued by the Commission on Peace Officer Standards and Training.” The

last level is “ four years of full- time, salaried law enforcement experience at least a portion of which shall

have been accomplished within five years prior to the date of filing, and possess a high school diploma or

the equivalent” ( Government Code 24004.3( b)).

c. The Auditor/ Controller must meet one of four ( 4) groups of qualifications ranging from being a Certified

Public Accountant to having served as a county auditor, chief deputy county auditor or chief assistant

county auditor for a continuous period of not less than three ( 3) years. ( Government Code 26945 &

26946, County Ordinance Article 23, Section 1- 03- 2060).

d. The Assessor/ Clerk- Recorder has no mandated prerequisites.

e. The Treasurer/ Tax Collector has no specific state requirement. Tulare County has specified that he/ she

must be a Certified Public Accountant ( not required for the current holder of this office).

Grand Jury Report 2004 / 2005  11

f. A Supervisor must be a registered voter and resident in the county district he/ she represent. There are

no additional prerequisites ( Government Code 25041 and Election Code 201).

3. Annual salaries for Tulare County elected officials are not uniform and do not seem to have any policy

that establishes them:

District Attorney $ 138,927.00

Sheriff/ Coroner 113,383.00

Auditor/ Controller 103,520.00

Assessor/ Clerk- Recorder 96,445.00

Treasurer/ Tax Collector 91,087.00

Supervisor 76,269.00

In addition to the above annual salaries, all elected officials receive various allowances.

4. The Supervisor’s salary is currently set at $ 76,269.00, and is determined by County Ordinance No.

1- 07- 1060. This Ordinance sets the Supervisors salary adjustments to be based on the increases given to

the other five ( 5) Elected Officials in the county. The process is complicated but basically allows the

Supervisors to receive an increase equal to the average increase of the other Elected Officials. The Board

of Supervisors establishes the amount of the increases given to the other elected officials.

5. The survey has shown the following base salaries for county supervisors:

Kings $ 54,089.00

Madera $ 55,913.00

Tulare $ 76,269.00

Santa Barbara $ 80,016.00

Kern $ 82,093.00

Sacramento $ 87,766.00

Fresno $ 88,403.00

RECOMMENDATIONS:

1. A policy should be written by the Human Resources and Development Department and ratified by the

Board of Supervisors which states specifically how each of the Elected Officials salaries are set and what

criteria are used as a basis.

2. The Board of Supervisors should assign a member of the Human Resource Development Department

( HRD) to accumulate the statutory powers and duties of each public office into a specific documents to be

maintained by the HRD. The same department should be assigned to evaluate the ordinance that sets the

Supervisors increases.

RESPONSES:

1. Tulare County Board of Supervisors

2. Tulare County Human Resource and Development Department

12  Grand Jury Report 2004 / 2005

STATUS OF TULARE COUNTY HOSPITALS

REASON FOR INVESTIGATION:

The 2004- 2005 Tulare County Grand Jury decided to investigate the three hospitals in Tulare County.

PROCEDURES FOLLOWED:

1. Members of the Grand Jury visited each of the three hospitals in the county:

a. Tulare District Hospital in Tulare

b. Sierra View Hospital in Porterville

c. Kaweah Delta Health Care District in Visalia.

2. Interviews were conducted with relevant witnesses.

FINDING 1. TULARE DISTRICT HOSPITAL:

In August, the hospital opened its new Cardiac Cath Lab, and it has exceeded its expectations. Using the

most modern equipment available, the Cardiac Cath Lab is used to diagnose blocked arteries and veins.

This new equipment tests for peripheral vascular disease as well as coronary artery disease. Results are

immediate as the operators are able to see everything on monitors.

In addition to the angiography capabilities, heart pacemakers can be implanted. All procedures are con-sidered

outpatient in that a person can come in, have an angiogram done, and go home the same day.

A sleep clinic is also located within the hospital.

The long awaited fitness center was opened in April 2005 with the latest in health and fitness equipment.

FINDING 2. SIERRA VIEW HOSPITAL:

In March of 2005, the hospital opened its Cancer Treatment Center expansion. With more room available,

the center is now able to offer radiation and chemotherapy treatments to more patients. A conference

room is available for support groups, and a community resource center will provide the tools for patients to

educate themselves about cancer treatment by reading and going online.

Cancer treatment at Sierra View offers the latest in medicine, with new state- of- the- art equipment. The

treatment center is affiliated with the UCLA Medical Center in Los Angeles. This affiliation means that

patients who qualify can take part in UCLA sponsored clinical trials of experimental treatments.

The Imaging Department acquired a new Computerized Tomography ( CT) and a Magnetic Resonance

Imaging ( MRI). With this new equipment, more patients can be accommodated and diagnosed in a shorter

period of time.

Grand Jury Report 2004 / 2005  13

The Imaging Department at the hospital is located in a separate building. This necessitates moving patients

to the separate MRI building through an uncovered open air area.

The hospital staff is also very proud of its new Pediatric Unit. The murals in all the rooms and the airiness

should make it more enjoyable for children during their stays in the hospital.

FINDING 3. KAWEAH DELTA HEALTH CARE DISTRICT:

The hospital opened a Rapid Medical Evaluation Unit within its Emergency Department. The seven- bed

expansion has reduced the waiting time for minor medical conditions by 50%.

The Sequoia Imaging Center, located on the West Campus, opened with a comprehensive set of imaging

services including MRI, CT, radiographic and fluoroscopic services.

Plans have been completed for the addition of a third Cardiac Cath Lab at the hospital by summer of 2005.

Construction has now commenced for this project designed to better serve the cardiologists and patients

until the North Expansion is complete.

In October 2004, Sequoia Regional Cancer Center opened. The cancer center is a world- class facility

with state- of- the- art technology. Most importantly, it is designed to integrate the delivery of radiation and

medical oncology services towards ensuring that patients have comprehensive, diagnostic and therapeutic

services.

To accommodate the increased demand in the community for rehabilitation services, Kaweah Delta ex-panded

its acute beds from 30 to 40.

By the end of 2005, the Pediatric Hospitalist Program ( a group of doctors especially trained to care for

infants) will add an additional five Neo- Natal Intensive Care beds to the unit. Kaweah Delta continues to

have an effective working relationship with Children’s Hospital of Central California, located in Madera

County, relative to transfer of patients as necessary for specialty services.

Relative to the expansion of child and adolescent psychiatric services, Kaweah Delta hired a bilingual and

bicultural psychiatrist to care for children and adolescents on an outpatient basis. The hospital is evaluating

the possibility of developing an inpatient child and adolescent psychiatric unit at Kaweah Delta’s Mental

Health Hospital.

The hospital’s Support Services Building opened in April of 2005. Human resources, medical records,

compliance and performance improvement, marketing, information services and other support services

will be located in this building.

The North Expansion is scheduled to start in the fall of 2005. This expansion will address the hospital’s

need to increase emergency, cardiology, maternity services and bed capacity. Ultimately 135 beds will be

added.

14  Grand Jury Report 2004 / 2005

Digital Mammography will be available at the Breast Center at Sequoia Imaging Center beginning mid-

May, 2005. This new diagnostic tool can mean the difference between life and death for some women.

Images that are the most accurate, help radiologists detect abnormalities in their earliest stages. Early

detection is a woman’s best hope for effective treatment and better survival rate.

FINDING 4. ALL HOSPITALS:

There is a severe shortage of nurses at all three hospitals.

CONCLUSION:

1. After visiting the three hospitals, the Grand Jury determined that our hospitals are doing a good job with

the funds they have available in keeping up with the increasing population of Tulare County.

2. To resolve the nursing shortage, the hospitals are planning to work with local colleges to establish

training programs for healthcare workers.

RECOMMENDATION:

To make it easier on the patients, the Grand Jury recommends that Sierra View Hospital in Porterville build

a covered walkway from the main hospital to the MRI building.

RESPONSE:

Sierra View Hospital, Porterville

Grand Jury Report 2004 / 2005  15

TULARE COUNTY SHERIFF INMATE WELFARE TRUST FUND

INTRODUCTION:

The Inmate Welfare Trust Fund was established in 1992, under Penal Code Section 40251. This fund was

established for the benefit of the inmate. The Grand Jury review of this fund came as a request from a

complaint filed.

PROCEDURES FOLLOWED:

1. The Grand Jury investigated, first by studying and examining Section 4025 of the Penal Code, and then

comparing it to the facts and figures of the Tulare County Inmate Welfare Trust Fund, to see if this fund was

in compliance.

2. The Grand Jury interviewed relevant witnesses.

FINDINGS:

1. The balance in this fund as of January 1, 2005 was $ 1,768,822.68.

2. Income is generated through the sale of commissary items, phone call revenues, and jail industry hobby

craft ( handcrafts).

3. The income from this fund provides for the inmates in the following:

• recreational equipment,

• approved movie videos and local newspapers,

• educational programs to assist inmates in obtaining their General Education Diploma ( GED) which

is the equivalent to a regular high school diploma,

• substance abuse programs are provided for those inmates that desire rehabilitation, or are

mandated by the court,

• anger management programs are also part of a rehabilitation for many of the inmates,

• salary is also provided to hire a non- denominational Chaplain, which provides an opportunity

for the inmates to have someone of faith to discuss their private lives. The Sheriff’s staff finds

this is beneficial for the inmate.

4. Phone call revenues into the Inmate Trust Fund are as follows:

• The fund receives forty- one percent ( 41%) rebate on all local calls.

• The fund receives thirty- five percent ( 35%) rebate on long distance calls.

( Footnotes)

1 4025( a) The sheriff of each county may establish, maintain and operate a store in

connection with the county jail and for this purpose may purchase confectionery, tobacco

and tobacco users’ supplies, postage and writing materials, and toilet articles and

supplies and sell these goods, articles, and supplies for cash to inmates in the jail.( b)

The sale prices of the articles offered for sale at the store shall be fixed by the sheriff.

Any profit shall be deposited in an inmate welfare fund to be kept in the treasury of the

county.

16  Grand Jury Report 2004 / 2005

• Rates for an interstate call consists of a fixed set- up fee of $ 2.98. The rate per minute varies

between 6 cents and 20 cents depending on location.

• Out of state calls have a fixed set- up rate of $ 3.00, and a rate of 89 cents per minute.

• All outgoing calls from the inmates are recorded. The recordings are stored and held while the

inmate is in custody.

• The Tulare County Sheriff has used the same phone contract vendor for the past ten ( 10) years.

The telephone contracts are evaluated annually.

• Inmates have unlimited phone call privileges.

• All outgoing calls are collect and the receiver may or may not accept the call. Charges are not

divulged at the time of the call. Charges are revealed on the next phone bill.

• Phone income for the calendar year 2004 was $ 549,282.70.

5. Commissary income is as follows: ( from Canteen)

• If an inmate has the money in his/ her account he/ she may spend up to $ 75.00 per week on any

commissary items.

• The costs of the individual commissary items are comparable to local convenience stores.

• Commissary profit for calendar year 2004 totaled $ 167,885.40.

• There are three vendors in California that can contract to supply commissary goods to inmates. The

Sheriff Department requests bids from these vendors annually.

• Canteen delivers orders weekly from its warehouse. These orders are bagged individually for each

inmate.

• If an inmate has no funds, there are some items ( called a Welfare Pack) provided by the fund.

RECOMMENDATIONS:

1. The Grand Jury recommends that the Sheriff continue to evaluate the Canteen contract annually to keep

the costs manageable.

2. The Grand Jury recommends that the Sheriff negotiate with the telephone vendor to get these prices

down. Most of the costs are being borne by the family of the inmate.

RESPONSES:

1. Tulare County Board of Supervisors

2. Tulare County Sheriff Department

Grand Jury Report 2004 / 2005  17

18  Grand Jury Report 2004 / 2005

| ORDER LIMIT IS $ 75.00 PER WEEK

| Bubble in all marks clearly

You are eligible for a welfare pack

If you have less than $ 2.00 on your account.

I If you order commissary and have no money,

you WILL NOT receive a welfare pack.

This item list is effective 2/ 07/ 05

INSTRUCTIONS

1. FILL IN ID NUMBER ( NO EXTRA ZEROS)

2. PRINT & SIGN FORM- FILL IN HOUSING LOCATION

3. BUBBLE IN QUANTITY OF EACH ITEM YOU WANT

4. BUBBLE IN ITEM CODE FOR EACH ITEM YOU WANT

5. ALL CURRENT RESTRICTIONS STILL APPLY

6. DO NOT ADD NUMBERS TO YOUR ID

1. FILL IN ID NUMBER ( NO EXTRA ZEROS)

ITEM DESCRIPTION COST LIMIT

968 Deck Shoes Size 7 7.50 2

972 Deck Shoes Size 8 7.50 2

973 Deck Shoes Size 9 7.50 2

974 Deck Shoes Size 10 7.50 2

975 Deck Shoes Size 11 7.50 2

976 Deck Shoes Size 12 7.50 2

977 Deck Shoes Size 13 7.50 2

936 Pencil Sharpener 1.03 5

940 Mirror 2.03 5

981 Gym Shorts Medium 13.00 5

982 Gym Shorts Large 13.00 5

983 Gym Shorts Xlarge 13.00 5

8888 Welfare Pack

($ 2.00 or less)

832 Red Cellophane 2.62 5

833 Clear Cellophane 2.62 5

834 Pink Cellophane 2.62 5

835 Blue Cellophane 2.62 5

836 Purple Cellophane 2.62 5

837 Green Cellophane 2.62 5

838 Yellow Cellophane 2.62 5

839 Red Thread 1.57 5

840 Pink Thread 1.57 5

841 White Thread 1.57 5

842 Yellow Thread 1.57 5

843 Blue Thread 1.57 5

844 Black Thread 1.57 5

845 Green Thread 1.57 5

TMJ

ITEM DESCRIPTION COST LIMIT

800 Pocket Dictionary 3.98 5

801 30 pk Envelopes 1.13 5

803 Playing Cards 1.93 5

804 Sketch Pad 1.18 5

805 Writing Tablet 1.08 5

806 Stamped Envelopes 5 pk 2.10 5

807 Book of 10 stamps 3.70 5

808 Spanish/ English Dictionary 3.98 5

809 Dominoes 4.68 2

811 Pinochle Cards 1.93 5

812 Envelope 9x12 .58 5

821 Golf Pencils 5 pk .50 5

815 10x15 Expandable Folder 4.58 5

816 Rubber Eraser .58 5

906 Turns 3- roll pack 5.53 5

909 Metamusil ( 1 packet) .88 5

914 Benzoyl Peroxide 10 5.93 2

932 Wet Comb Afro 1.08 1

933 Hair Brush 1.58 1

938 Insulated Mug 2.98 5

939 Lock 5.95 5

940 Mirror 2.03 5

915 Headphones 14.78 5

916 Radio & Headphones 24.58 5

917 Batteries ( 4 pk) 3.98 5

950 Flour Tortilla ( dz) 1.75 9

951 Retried Beans ( Dehydrated) 3.63 9

964 Giant Iced Honey Bun 1.25 9

953 Peanut Butter 3.58 9

971 Pop Tart Assorted 1.12 9

955 Plastic Cup 1.08 9

956 Plastic Bowl 1.28 9

957 Card- Holiday 2.00 9

958 Card- Friendship 2.00 9

959 Card- Birthday 2.00 9

960 Salt & Pepper Shaker 1.83 9

967 Ponytail Holder 0.20 5

969 Reading Glasses 8.78 3

ALL COMMISSARY SLIPS TO BE FILLED OUT

CORRECTLY AND COMPLETELY WITH PENCIL

WITH THE FOLLOWING INFORMATION:

YOUR CORRECT ID NUMBER ( NO EXTRA ZEROS)

Facility- Floor and Pod or Cell

SIGN YOUR FORM

DO NOT ERASE

DISCREPANCIES MUST BE REPORTED

AT TIME OF DELIVERY, ONCE YOU LEAVE THE

DELIVERY AREA, ALL SALES ARE FINAL!!

Grand Jury Report 2004 / 2005  19

DISCREPANCIES MUST BE REPORTED

AT TIME OF DELIVERY, ONCE YOU LEAVE THE

DELIVERY AREA, ALL SALES ARE FINAL!!

ALL COMMISSARY SUPS TO BE FILLED OUT

CORRECTLY AND COMPLETELY WITH PENCIL

WITH THE FOLLOWING INFORMATION:

FOUR CORRECT ID NUMBER ( NO EXTRA ZEROS)

Facility- Floor and Pod or Cell

SIGN YOUR FORM

DO NOT ERASE

1. FILL IN ID NUMBER ( NO EXTRA ZEROS)

INSTRUCTIONS

1. FILL IN ID NUMBER ( NO EXTRA ZEROS)

2. PRINT & SIGN FORM- FILL IN HOUSING LOCATION

3. BUBBLE IN QUANTITY OF EACH ITEM YOU WANT

4. BUBBLE IN ITEM CODE FOR EACH ITEM YOU WANT

5. ALL CURRENT RESTRICTIONS STILL APPLY

6. DO NOT ADD NUMBERS TO YOUR ID

ITEM DESCRIPTION COST LIMIT

968 Deck Shoes Size 7 7.50 2

972 Deck Shoes Size 8 7.50 2

973 Deck Shoes Size 9 7.50 2

974 Deck Shoes Size 10 7.50 2

975 Deck Shoes Size 11 7.50 2

976 Deck Shoes Size 12 7.50 2

977 Deck Shoes Size 13 7.50 2

936 . Pencil Sharpener 1.03 5

981 Gym Shorts Medium 13.00 5

982 Gym Shorts Large 13.00 5

983 Gym Shorts Xlarge 13.00 5

832 Red Cellophane 2.62 5

833 Clear Cellophane 2.62 5

834 Pink Cellophane 2.62 5

835 Blue Cellophane 2.62 5

836 Purple Cellophane 2.62 5

837 Green Cellophane 2.62 5

838 Yellow Cellophane 2.62 5

839 Red Thread 1.57 5

840 Pink Thread 1.57 5

841 White Thread 1.57 5

842 Yellow Thread 1.57 5

843 Blue Thread 1.57 5

844 Black Thread 1.57 5

845 Green Thread 1.57 5

ITEM. DESCRIPTION COST LIMIT

800 Pocket Dictionary 3.98 5

801 30 pk Envelopes 1.13 5

803 Playing Cards 1.93 5

804 Sketch Pad 1.18 5

805 Writing Tablet 1.08 5

806 Stamped Envelopes 5 pk 2.10 5

807 Book of 10 stamps 3.70 5

808 Spanish/ English Dictionary 3.98 5

809 Dominoes 4.68 2

811 Pinochle Cards 1.93 5

812 Envelope 9x12 .58 5

821 Golf Pencils 5 pk .50 5

815 10x15 Expandable Folder 4.58 5

816 Rubber Eraser .58 5

906 Tums 3- roll pack 5.53 5

909 Metamusil ( 1 packet) .88 5

914 Benzoyl Peroxide 10% 5.93 2

929 Wicrowave Popcorn .83 5

939 Lock 5.95 5

938 Insulated Mug 2.98 5

940 Mirror 2.03 5

915 Headphones 14.78 5

916 Radio & Headphones 24.58 5

917 Batteries ( 4 pk) 3.98 5

918 Pepsi .83 5

948 MM Strawberry .83 5

949 Mt. Dew .83 5

950 Flour Tortilla ( dz) 1.75 9

951 Refried Beans ( Dehydrated) 3.63 9

964 Giant Iced Honey Bun 1.25 9

953 Peanut Butter 3.58 9

971 Pop Tart Assorted 1.12 9

955 Plastic Cup 1.08 9

956 Plastic Bowl 1.28 9

957 Card- Holiday 2.00 9

958 Card- Friendship 2.00 9

959 Card- Birthday 2.00 9

960 Salt & Pepper Shaker 1.83 9

987 Ponytail Holder 0.20 5

969 Reading Glasses 8.78 3

:

8888 Welfare Pack

($ 2.00 or less)

ORDER LIMIT IS $ 75.00 PER WEEK

Bubble in all marks clearly

You are eligible for a welfare pack

If you have less than $ 2.00 on your account.

If you order commissary and have no money.

you WILL NOT receive a welfare pack.

This item list is effective 4/ 20/ 05

20  Grand Jury Report 2004 / 2005

ALL COMMISSARY SLIPS TO BE FILLED OUT

CORRECTLY AND COMPLETELY WITH PENCIL

WITH THE FOLLOWING INFORMATION:

YOUR CORRECT ID NUMBER ( NO EXTRA ZEROS)

Facility= Floor and Pod or Cell

SIGN YOUR FORM

DO NOT ERASE

ORDER LIMIT IS $ 75.00 PER WEEK

Bubble in all marks clearly

You are eligible for a welfare pack

if you have less than $ 2.00 on your account.

If you order commissary and have no money,

you WILL NOT receive a welfare pack.

This item list is effective 4/ 20/ 05

ITEM DESCRIPTION COST LIMIT ITEM DESCRIPTION COST LIMIT

100 Chicken Noodle .71 15 600 Chili Cheese Chips .68 9

101 Beef Noodle .71 15 603 Nacho Cheese Chips .68 9

102 Chile Noodle .71 15 604 Hot Nacho Chips .72 9

104 Picante Shrimp .71 15 613 Chester’s Hot Fries LSS 1.00 9

105 Picante Chicken .71 15 607 Hot & Spicy Pork Rinds .75 9

106 Picante Beef .71 15 608 Cheetos .68 9

107 Apple & Cinnamon ( 5 pkt) 2.96 15

108 Maple Brown Sugar ( 5 pkt) 2.96 15 700 Soap 1.12 5

701 Irish Spring 1.53 5

200 Hot Chocolate ( 5 oz) 1.65 5 702 Ivory 1.42 5

213 Fruit Drink ( 5 pkt) 1.37 5 703 Soap Dish 1.08 5

214 Tea w/ Lemon ( pkt) 1.37 5 704 Shampoo 4 oz 1.13 5

216 Cherry Drink ( pkt) 1.37 5 704 Dandruff Shampoo 4 oz 1.58 5

707 Conditioner 4 oz 1.33 5

220 French Vanilla Coffee 3 oz 5.40 5 708 Pomade 2.08 5

710 After Shave 2.75 5

218 Decaf Coffee Kit .73 5 711 Brushless Shave Cream 2.38 5

207 Coffee 3 oz 5.50 5 721 Safety Razor .95 5

208 Sweetner ( 10 pkt) .60 5

209 Creamer ( 5 pkt) .35 5 714 Suave Dandruff Shampoo 4.41 5

219 Coffee Kit .73 5 715 Baby Oil 4 oz 1.38 5

716 Lotion 12 oz 1.93 5

300 Fire Sticks 1.18 9 718 Deodorant Roll on 2.5 oz 2.18 5

303 Reese’s Peanut butter Cup .77 9 719 Lady Deodorant Stick 4.23 5

304 M& M Peanut .77 9 720 Men’s Deodorant Stick 4.23 5

321 King Size Milky Way 1.28 9 722 Petroleum Jelly 2.58 5

322 King Size Twix 1.28 9 723 Mouthwash 2.13 5

320 Pay Day .77 9 740 Finger Toothbrush .75 5

308 Snickers .77 9 726 Toothbrush 1.18 5

329 Almond Joy .77 9 727 Comb .60 5

310 Three Musketeers .77 9 749 Protein Tablets 4.08 5

323 Reese’s Piece’s ( 3.5 oz) 1.38 9 729 Chapstick 1.08 5

313 Corn Nuts BBQ .90 9 730 Cough Drops 1.08 5

314 Butterscotch Buttons 1.18 9 731 Daily Multi- Vitamin 100 ct 4.08 5

316 Sour Fruit Balls 1.18 9

324 Big Kit Kat .77 9 733 Sandals- Large 1.63 5

318 Atomic Fireballs 1.18 9 734 Tampons 2.63 5

319 Sugarless Candy 1.18 9 735 Douche 2.63 5

736 Eyeliner- Black 4.75 5

400 Chocolate Cookie .68 9 737 Foam Rollers 1.28 5

401 Vanilla Cookie .68 9 738 Lipstick- Red 1.83 5

407 Duplex Cookie Tray ( 1 ¼ lb) 3.75 9 739 Mascara- Black 2.68 5

408 Chocolate Chip Cookies Bag ( 1 3.75 9 741 Shaving Powder 2.58 5

742 Denture Adhesive 3.83 5

510 Beef Steak w/ Hot Sauce 1.64 9 743 Revlon Aqua Shampoo 3.33 5

501 Trail Mix .93 9 744 Revlon Aqua Conditioner 3.33 5

512 Fudge Brownie .83 9 745 Palm Brush .58 5

511 Hot & Spicy Beef Stick 1.28 9 746 Military Brush- No Handle 2.28 5

505 Hot Sauce 1.08 9 751 Washbrush 1.58 5

506 Hot Sausage 1.13 9 753 Baby Lotion 3.83 5

509 Garlic Chili Sauce 2.60 9 758 Baby Shampoo 2.33 5

514 Jalapeno Hot Sauce 1.50 9 755 Clippers- no file 1.58 5

515 Ketchup ( 5 pk) .75 9 754 Artra Crème 4.08 5

516 Mayonnaise ( 10 pk) 1.50 9 752 Baby Powder 1.48 5

517 Mustard ( 5 pk) .75 9

518 Relish ( 5 pk) .75 9

DISCREPANCIES MUST BE REPORTED

AT THE TIME OF DELIVERY, ONCE YOU LEAVE

THE DELIVERY AREA, ALL SALES ARE FINAL!!

Grand Jury Report 2004 / 2005  21

TULARE COUNTY MEMORIAL DISTRICTS

INTRODUCTION:

Memorial districts were established after the second world war to provide veterans who resided in the

districts with a place to meet and conduct social events and other activities. They are governed by the

California Military and Veterans Code and are supported by the tax payers who reside in the districts and

the revenue the districts receive by rental of their facilities to other users.

REASON FOR INVESTIGATION:

The Grand Jury decided to determine if these tax payer supported facilities are being properly utilized and

maintained.

PROCEDURES FOLLOWED:

1. Each of the memorial facilities was visited and inspected.

2. Relevant witnesses were interviewed.

3. Documents, including leases, calendars, receipt books and expenditures were examined.

FINDINGS:

1. There are 14 memorial districts in Tulare County. One district, the South Tulare County Memorial District

( SCMD), oversees five facilities. These are Alpaugh, Earlimart, Richgrove, Pixley and Tipton.

2. Presently, there are few active veterans in many of the districts.

3. Some have full time managers. The Sequoia Memorial District has no managerial staff. Some custodians

also have managerial duties.

4. The Sequoia Memorial District has entered into a long term lease of its facility to a school district.

5. Some are rented for use by others on a regular basis and some are rarely rented. Alpaugh had one

rental last year and one rental scheduled for the current year.

6. Tipton which has the only working kitchen of the five facilities in the SCMD, leases portions of its

facility to the Tulare County Office of Education, Community Services Employment Training ( CSET), and

the Tulare County Sheriff’s Office.

7. Pixley rents its facility to La Sierra charter school.

8. The 1997- 1998 Tulare County Grand Jury recommended the closure of the Alpaugh facility because it

had been condemned by county health and safety officials. Since that time, the SCMD has spent more

than $ 250,000 to renovate the facility. It was observed that a new $ 2,000 exhaust hood had been installed

over a non functioning cooking stove in a kitchen that has not been certified for use.

22  Grand Jury Report 2004 / 2005

9. Some of the facilities are clean and in good repair while others need some attention. Kitchen equipment,

heating, air conditioning, and roofs are the most urgent needs. Maintenance standards are inconsistent.

The Earlimart and Three Rivers facilities were in need of cleaning, and the Richgrove facility needs cleaning

and painting.

10. The districts are required by law to hold board meetings monthly. Sequoia, however, had not had a

meeting in eight months.

11. The threat of gang activity has prevented many potential users from utilizing the Ivanhoe facility.

12. Some districts have received grants from federal agencies to finance major repairs.

RECOMMENDATIONS:

1. Districts needing major repairs should inquire into the possibility of getting grants from the state and

federal governments to assist.

2. Districts that have little or no use should consider alternative public uses for their facilities.

3. Districts within the county should meet as a group for discussion about mutual problems and possible

solutions.

RESPONSES:

Dinuba Memorial District South Tulare County Memorial District

Exeter Memorial District Springville Memorial District

Ivanhoe Memorial District Terra Bella Memorial District

Lindsay- Strathmore Memorial District Three Rivers Memorial District

Orosi Memorial District Tulare Memorial District

Porterville Memorial District Visalia Memorial District

Sequoia Memorial District Woodlake Memorial District

Grand Jury Report 2004 / 2005  23

MENTAL HEALTH CRISIS RESPONSE

INTRODUCTION:

Welfare and Institutions ( WI) Code Section 5150 reads in part as follows: “ When any person, as a

result of mental disorder, is a danger to others, or to himself or herself, or gravely disabled, a peace

officer… may upon probable cause, take, or cause to be taken, the person into custody and place

him or her in a facility designated by the county and approved by the State Department of Mental

Health as a facility for 72- hour treatment and evaluation.

Such facility shall require an application in writing stating the circumstances under which the person’s

condition was called to the attention of the officer…”

WI Code Section 5150.1 continues: “ No peace officer seeking to transport, or having transported,

a person to a designated facility for assessment under Section 5150, shall be instructed by mental

health personnel to take the person to, or keep the person at, a jail solely because of the unavailability

of an acute bed, nor shall a peace officer be forbidden to transport the person directly to the

designated facility.”

WI Code Section 5150.2 states: “ In each county whenever a peace officer has transported a person

to a designated facility for assessment under Section 5150, that officer shall be detained no longer

than the time necessary to complete documentation of the factual basis of the detention under

Section 5150.”

REASON FOR INVESTIGATION:

Based on interviews and review of policies and procedures, the Grand Jury believed that communications

between law enforcement personnel and mental health crisis teams were not being managed properly in

Tulare County.

PROCEDURES FOLLOWED:

The Grand Jury:

1. Interviewed relevant law enforcement personnel.

2. Reviewed the crisis policies and procedures of the Tulare County Sheriff Department and the Police

Departments of Dinuba, Exeter, Lindsay, Porterville, Tulare and Visalia.

3. Reviewed law enforcement incident reports of mental illness- related crises.

4. Reviewed the State of California Police Academy curriculum.

5. Reviewed the curriculum on Mental Disorders of the California Commission on Peace Officer Standards

and Training ( POST).

24  Grand Jury Report 2004 / 2005

6. Interviewed relevant witnesses.

7. Reviewed Health and Human Services Agency ( HHSA) Mental Health Services policies and procedures.

8. Reviewed the Kaweah Delta Mental Health Hospital ( KDMHH) protocol for WI Code Section 5150

situations.

FINDINGS:

1. When a person with either a drug problem or mental illness, or both, loses sight of reality and does

things that present a problem for himself/ herself or others, peace officers are usually the first responders to

the situation. The officers must evaluate the problem and make sure that the subject as well as others

involved at the site and officers are safe.

The officers interview the people involved in order to assess the situation and any danger present. Sometimes

the problem can be solved by reasonable discussion about the problem and options of action.

2. Vast differences exist in the handling of mental health crises between the Sheriff Department and the

various municipal police departments.

3. The Tulare County Sheriff follows the HHSA protocol. There are between twelve to twenty incidents

per month in unincorporated Tulare County areas alone that require mental health intervention. ( In contrast,

there is an average of 23 incidents monthly in Visalia alone.)

Outside the city limits of Visalia, where the mental health crisis workers are located, there is often a considerable

wait for the mental health worker to arrive in person ( Tulare County is geographically relatively large).

In unincorporated areas, the mental health crisis worker sometimes meets with the subjects at the hospital

or at another secure facility. However, often the mental health crisis worker talks to the subject on the

telephone, assesses the situation, makes a “ verbal contract” with the subject, and then tells the officers his

or her recommendation. If the crisis worker believes the subject is under control, the officers are so

informed, allowing the officers to leave.

Sometimes the mental health worker’s telephone diagnosis was incorrect. At times the subject does not

need intensive evaluation. In the distant past, the subject had been suicidal or homicidal and carried out the

threat after officers had left.

4. The Visalia Police Department requires that officers take all suspected persons to the police department

to await the mental health crisis worker. Visalia also requires that all WI Code Section 5150 subjects be

taken directly to the KDMHH.

5. If the person has committed a crime, he or she is taken to the county jail. If the subject has not committed

a crime, but is under the influence of either drugs or alcohol, some law enforcement agencies take him/ her

to the nearest Emergency Room for drug screening. The Porterville Police Department makes such action

mandatory.

Grand Jury Report 2004 / 2005  25

Sheriff Officers, who can do a visual evaluation of the subject, are sometimes discouraged from exercising

the power of evaluation on the basis of a mental health worker’s telephone conversation with the person.

The municipal police departments exercise their WI Code Section 5150 powers more consistently.

6. Most law enforcement officers interviewed were uncomfortable with the current process of telephone

diagnosis. Several municipal police departments will not deal with telephone diagnoses; they insist on

face- to- face diagnosis. Some police departments report that they cannot get mental health crisis workers

to come to their jurisdictions, and they have to take care of situations themselves.

7. The Dinuba, Tulare and Lindsay Police Departments have stated that often hours pass before the

mental health crisis workers will respond. This results in the loss of having the officers out in the field where

they are needed.

8. The Porterville Police Department became frustrated with waiting for the Mental Health Crisis workers

to respond. In 2002 the department established training for its officers from the KDMHH. The police

negotiator assesses all crises. They also changed their procedures so that they simply detain any person

they think is in danger and take him/ her to the nearest hospital for medical evaluation. After filling out the

proper documentation ( a single page report, attached), the officers’ responsibility is completed. The

hospital personnel then proceed to either discharge the patient or transfer him/ her to the KDMHH.

9. Many of the persons are minors. There are no facilities in Tulare County— or in any of five other

counties ( Fresno, Kings, Madera, Mariposa and Merced) in the Central Valley— to house mentally disturbed

minors.

KDMHH is attempting to form a Joint Powers Agreement ( JPA) with these six counties to use KDMHH

as a facility to house these youngsters. HHSA has not yet produced a letter of intent to join the JPA to

present to the Board of Supervisors, as lead agency. The JPA cannot proceed without Board approval.

10. The HHSA Mental Health Policy Manual had no relevant policies on crisis management in the field.

HHSA did not produce any policies on this issue, even after specific requests in October 2004 and

December 2004. In April 2005, new policies were made available to the Grand Jury. These policies were

dated January and February, 2005.

11. HHSA says that it has a training program on WI Code Section 5150 admissions, but it has not been

utilized. However, it was not provided to the Grand Jury.

KDMHH has an effective training program which has been used by several police departments.

12. Only one percent of the police academy training is on crisis management, of which mental health crisis

is a minor component. There are extensive continuing education programs conducted by POST, but the

individual police department must choose to utilize them.

13. Minimal communication exists between the upper management of HHSA Mental Health and the

upper management of law enforcement.

26  Grand Jury Report 2004 / 2005

RECOMMENDATIONS:

1. Handling mental health crises in the field by telephone is not always effective and should be eliminated.

Most crises should be dealt with face to face. In unincorporated areas, if the client is not taken to the

hospital by ambulance, he/ she should be driven to an agreed- upon destination ( sheriff’s substation or other

twenty- four hour secure facility). There the mental health worker can evaluate more adequately the correct

disposition of the case.

2. HHSA Mental Health should establish a log of case workers’ responses to Mental Health crises in the

field. The log should contain the time the telephone call was received, the name of the worker assigned,

action taken, and the time of incident closure.

3. The Mental Health division of HHSA should revisit its policies and procedures and make sure that they

conform to WI Code Section 5150 et seq.

4. All peace officers should receive training on WI Code Section 5150 admissions.

5. Other Police Departments should examine the policies and procedures of the Porterville Police

Department for handling mental health crises.

6. HHSA needs to write a letter of intent for the Board of Supervisors to establish a JPA for a Youth

Mental facility so that this part of the state can obtain this drastically needed resource. This is a serious

problem whose solution should not be derailed by politics or power plays.

RESPONSES:

Tulare County Board of Supervisors

Dinuba Police Department

Exeter Police Department

Tulare County Health and Human Services Agency

Tulare County Health and Human Services, Mental Health Division

Lindsay Police Department

Tulare County Sheriff

Tulare Police Department

Grand Jury Report 2004 / 2005  27

28  Grand Jury Report 2004 / 2005

MOSQUITO ABATEMENT IN TULARE COUNTY

INTRODUCTION:

With the knowledge that the West Nile Virus ( WNV) exists in Tulare County, the Grand Jury looked into

the potential health threat of the virus and how the virus is transmitted. West Nile Virus is an illness that can

be spread to humans through the bite of a mosquito. The Grand Jury recognizes the need and importance

of informing the citizens of Tulare County of the potential seriousness of the WNV and how it could affect

them.

PROCEDURES FOLLOWED:

1. The Grand Jury interviewed relevant witnesses.

FINDINGS:

1. West Nile Virus was first reported in the United States in the summer of 1999 in the state of New York.

2. West Nile Virus exists in Tulare County. Often dead birds are an indication that WNV is present in a

certain location. Birds are often the primary carriers of WNV. In the County of Tulare in 2004 there were

three cases reported of humans contracting the virus. In 2004 thirteen horses tested positive for WNV.

These were reported from Alpaugh, Dinuba, Porterville, Terra Bella, Tipton, Tulare and Visalia.

3. The greatest concern involved with WNV is human illness and death. The diseases that are spread by

mosquitoes are Western Equine Encephalitis, St. Louis Encephalitis, West Nile Virus, Malaria and Sleeping

Sickness ( encephalitis). The most susceptible persons to WNV are the elderly and the very young. Of those

who develop WNV encephalitis, it is estimated that 11% will die from the disease.

4. There are four agencies responsible for mosquito control in the western portion of Tulare County.

These are Delano Mosquito Abatement District, Kings Mosquito Abatement District, Delta Vector Control

District and Tulare Mosquito Abatement District.

5. A large part of the county has no mosquito abatement district. This area is in the eastern portion of the

county and includes the cities of Porterville and Lindsay and the unincorporated areas of Strathmore,

Springville, Terra Bella, and other rural communities in that region.

6. While researching the requirements for establishing a mosquito control district, the Grand Jury discovered

that much of the area not presently covered by a mosquito abatement district is public land, which does not

generate revenue from property taxes. Mosquito abatement districts are special districts formed under the

Health and Safety Code, Section 2200 et seq. They can only be formed by a two- thirds majority vote of

the registered voters who reside within the proposed district boundaries. The abatement district activities

are then financed by property tax assessments levied on private property lying within the confines of the

abatement district.

Grand Jury Report 2004 / 2005  29

7. The Board of Supervisors has shown some interest in forming an abatement district in eastern Tulare

County. It has tried to interest residents in the incorporated areas, by offering $ 10,000 to the cities of

Porterville and Lindsay as matching funds for initiating the process of an election.

8. In Lindsay, in spite of wide distribution of fliers to its citizens advertising a town hall discussion regarding

WNV, only three people appeared at the meeting, and each of them had had some connection with the

virus.

9. Porterville distributed over 13,000 fliers to its citizens describing the potential danger of WNV, and

noticing an agenda item to discuss the matter. Not one citizen attended this meeting to address the issue.

The City Council voted against spending any funds for an election, but it did vote to provide funds for the

construction of bat houses and importing bats in an effort to control mosquitoes.

RECOMMENDATION:

Considering the potential seriousness of the West Nile Virus to human health, the Grand Jury encourages

the county and city governmental officials, as well as the citizenry of eastern Tulare County, to follow this

disease closely and to consider forming a mosquito abatement district.

RESPONSES:

Tulare County Board of Supervisors

Lindsay City Council

Porterville City Council

30  Grand Jury Report 2004 / 2005

TULARE COUNTY PARKS AND LAKES

INTRODUCTION:

Tulare County has twelve land parks and two lakes. The two lakes are Lake Kaweah acquired in 1972

and Lake Success acquired in 1961. The land parks and year acquired are as follows: Mooney Grove

Park in 1909, which also includes the Tulare County Museum in 1949, Cutler Park in 1919, Balch Park in

1923, Alpaugh Park in 1935, Pixley Park in 1938, Ledbetter Park in 1971, Elk Bayou Park in 1972,

Woodville Park in 1982, and Main Street Park in Visalia ( year unknown). The park requiring overnight

reservations is Camp Cotyac ( County of Tulare Youth Adventure Camp) acquired in 1998. This camp has

cabins and a lodge with a kitchen. There are separate facilities with restrooms and showers. The Kings

River Nature Preserve acquired in 1972 is for School Environmental Programs only.

PURPOSE FOR INVESTIGATION:

The Grand Jury investigated the maintenance and operation of Tulare County owned parks and lakes.

PROCEDURES FOLLOWED:

1. Members of the Grand Jury inspected all Tulare County owned parks and lakes.

2. Relevant witnesses were interviewed .

FINDINGS:

1. With limited funding and manpower the parks are well maintained.

2. In addition to annual county budget funds, revenues acquired from entry fees, arbor rentals, concessions,

and the sale of fire wood help maintain and operate the parks .

3. Public safety is the first priority of the parks.

4. Most parks contain new playground equipment for children, age twelve and under.

5. Parks contain adequate irrigation for maintenance of lawns.

6. Graffiti, vandalism, destruction of property, theft and after hours use are the main problems for the parks.

7. Parks in the rural areas of the county stand a greater chance of being vandalized.

8. An aerial survey map has been made of all trees in the parks. Those trees with a twelve inch or larger

trunk diameters have been identified . A high priority trim list was developed for trees in danger of losing

limbs or toppling over in high traffic areas such as playgrounds, arbors, and bath rooms. Each tree was

given a rating of colored dots.

Grand Jury Report 2004 / 2005  31

9. The Kings River Nature Preserve near Kingsburg provides for School Environmental Programs only.

All schools in Tulare County are welcome to use the preserve.

10. The Tulare County Sheriff’s prison farm provides several head of cattle to the Resource Management

Agency ( RMA) which have been placed at the Kings River Nature Preserve for the purpose of reducing

the fire hazard by grazing native vegetation.

11. RMA patrols Kaweah Lake and Success Lake. The county may use the water of both lakes for

recreational purposes. RMA also oversees the Safety Education and Enforcement Program ( SEE).

12. On March 1, 2005 the Tulare County Board of Supervisors voted unanimously to accept the donation

of a championship- level disc golf course at Mooney Grove Park in Visalia. The course includes eighteen

tee boxes and disc golf baskets. Most holes have three alternative locations, allowing players from beginner

to professional to use the course. The public, with a paid park entry fee, may use the course.

CONCLUSIONS:

1. The aerial survey map helps reduce constant evaluation time for at- risk trees. The abilty to

prune and trim as many as five trees a week is a major accomplishment.

2. The use of the cattle eliminates having to disc the preserve up to four times a year, reducing

the fire hazard .

3. These are public parks. If inappropriate activities are observed, please report them to the

proper authorities

RESPONSE:

No response required.

32  Grand Jury Report 2004 / 2005

SPECIAL DISTRICT BOARDS OF DIRECTORS MEETINGS

INTRODUCTION:

Members of public boards of directors have legal and fiduciary obligations to serve the constituents within

their districts. Many boards are in charge of millions of dollars of tax money in addition to the fees- for-service

they receive. Not all citizens who are elected to or appointed to boards are knowledgeable about

the proper way to discharge these responsibilities.

REASON FOR INVESTIGATION:

The Grand Jury received complaints about several special districts.

PROCEDURES FOLLOWED:

The Grand Jury members:

1. Attended the board meetings for several small districts.

2. Interviewed relevant witnesses.

3. Reviewed audit reports for many small districts.

4. Reviewed policies, by- laws, contracts, agendas and backup material for meetings.

FINDINGS:

1. Most board members desire to run a good meeting, but many have limited knowledge about the proper

way to do so.

2. Some chairmen have no knowledge of basic parliamentary procedures.

3. Some boards do not hold regular meetings. The Sequoia Memorial District held only one meeting in

eight months.

4. The South County Memorial District does not produce an agenda, post its meetings properly, or have

written backup data available for votes.

5. Some boards are unsure of the requirements of the Brown Act. Some items which are customarily

discussed in closed session are on the open agenda.

6. Several boards have vacancies, which sometimes makes having a quorum difficult.

Grand Jury Report 2004 / 2005  33

RECOMMENDATIONS:

1. The Board of Supervisors should make sure that each board has its requisite number of directors and,

in a timely manner, appoint qualified applicants to fill vacant positions upon notification of the vacancy.

2. The Board of Supervisors should state that boardsmanship training is in the public interest, appointing

the County of Tulare County Counsel to institute a basic boardsmanship training session following every

general election for all newly elected and appointed directors within Tulare County. The Board of Supervisors

should also suggest that County Counsel prepare and issue a boardsmanship manual to all board members

in Tulare County covering agendas, Brown Act, and basic parliamentary procedure.

3. Tulare County has no jurisdiction over the needs of most special districts. The Board of Supervisors

might consider appointing an ombudsman who could help special districts solve their problems.

RESPONSES:

The Tulare County Board of Supervisors

County Counsel of Tulare County

34  Grand Jury Report 2004 / 2005

TULARE COUNTY SCHOOL DISTRICTS

SUPERINTENDENTS’ SEVERANCE POLICIES

INTRODUCTION:

There is a never ending demand on the taxpayer, by the public schools, for additional funds with which to

operate. This together with the high severance package payoffs received by many superintendents who

are removed by their boards, prompted the Grand Jury to investigate salaries and severance packages of

the district superintendents.

REASON FOR INVESTIGATION:

The high severance packages prompted the Grand Jury to determine how much school district superinten-dents

in Tulare County are paid if they are terminated by their board.

PROCEDURES FOLLOWED:

1. The Grand Jury requested all superintendents to submit a copy of their contracts with their districts.

2. The Grand Jury reviewed each contract for the amount of pay and severance provisions.

FINDINGS:

1. There are fifty school districts in Tulare County. THEY RECEIVE 62% OF THE TOTAL TAX

REVENUES RECEIVED WITHIN THE COUNTY.

2. Severance pay is governed by state law. ( Government Code Section 53260( a). The maximum a super-intendent

may receive upon termination is 18 months pay. THERE IS NO MINIMUM AMOUNT.

3. The amount of severance pay is negotiable when discussing a superintendent’s contract, either initially or

upon renewal.

4. One of the districts doesn’t have a superintendent, one has a part time superintendent and three of the

superintendents also teach in the classroom.

5. The average annual salary for the 43 full time superintendents is $ 99, 517.00, and in addition each has

varying amounts of fringe benefits.

Grand Jury Report 2004 / 2005  35

6. Below is listed the number of districts and their contractual monthly pay for severance:

Number of Districts Months Pay

8 - 0-

1 - 2-

1 - 6-

4 - 12-

29 - 18-

CONCLUSION:

Since there is no minimum severance pay provided by law, it appears that many of the severance provi-sions

are exorbitant.

RECOMMENDATION:

School district boards in Tulare County review their severance packages with their superintendents.

RESPONSES:

Allensworth Elementary Porterville College

Alpaugh Unified Porterville Unified

Alta Vista Elementary Richgrove Elementary

Buena Vista Elementary Saucelito Elementary

Burton Elementary Sequoia Union Elementary

Citrus South Tule Elementary Springville Union Elementary

College of the Sequoias Stone Corral Elementary

Columbine Elementary Strathmore Union Elementary

Cutler- Orosi Unified Strathmore Union High

Dinuba Unified Sundale Union Elementary

Ducor Union Elementary Sunnyside Union Elementary

Earlimart Elementary Three Rivers Union Elementary

Exeter Union Elementary Tipton Elementary

Exeter Union High Tulare City Elementary

Farmersville Unified Tulare Joint Union High

Hope Elementary Visalia Unified

Hot Springs Elementary Woodlake Union Elementary

Kings River Union Elementary Woodlake Union High

Liberty Elementary Woodville Union Elementary

Lindsay Unified Tulare County Organization

Monson- Sultana Joint Union Elementary for Vocational Education

Pleasant View Elementary

36  Grand Jury Report 2004 / 2005

TELEMEDICINE IN TULARE COUNTY

REASON FOR INVESTIGATION:

While reviewing policies for the Health and Human Services Agency ( HHSA), the Grand Jury found

references to “ telemedicine”.

PROCEDURES FOLLOWED:

1. The Grand Jury interviewed relevant witnesses about telemedicine.

2. The Hillman Center in Tulare conducted a live demonstration of telemedicine for the Grand Jury.

FINDINGS:

1. Telemedicine provides rural patients better access to specialty care and is available to all Tulare County

residents.

2. Telemedicine uses closed circuit television, high- speed telephone lines, medical cameras and video

conferencing equipment to connect a rural medical office to specialty centers that can be a great distance

away.

3. Since 1998, Blue Cross has sponsored telemedicine throughout rural California. To date there are 72

presentation sites within 27 counties in the state, providing access to six specialty centers. These specialty

centers are located in Los Angeles ( two), Davis, San Francisco, Sonoma County and Madera County.

4. Specialists provided are in the fields of dermatology, endocrinology, hepatology, HIV- infectious disease,

neurology, nutrition services, orthopedics and psychiatry.

5. Tulare County has one medical presentation site, the Hillman Health Center, located in Tulare, California.

This center operates only four days each month, but is working to expand to two sessions per week. The

two psychiatric telemedicine ( telepsych) centers are located in Porterville and Tulare.

CONCLUSION:

Telemedicine is a valuable tool for rural areas which have a scarcity of certain types of medical specialists.

The Grand Jury determined that the public should be aware of the availability of such technology. The

program should be utilized to its fullest.

RESPONSE:

No response required.

Grand Jury Report 2004 / 2005  37

TULARE COUNTY TRASH

INTRODUCTION:

Rural Tulare County is inundated with trash in and around its unincorporated areas. The problem is not

being addressed by the agencies involved. Rural trash collection is very expensive for the citizens of those

unincorporated areas.

REASON FOR INVESTIGATION:

While performing the duties involved, the Grand Jury drove to various communities within Tulare County.

The Grand Jury members observed an inordinate amount of trash throughout rural areas.

PROCEDURES FOLLOWED:

The Grand Jury:

1. Traveled throughout the county beginning in July, 2004.

2. Interviewed relevant witnesses.

FINDINGS:

1. Unincorporated areas of Tulare County have many parcels filled with trash, abandoned mobile homes

and trailers, inoperative automobiles and dilapidated houses.

2. The actions of Resource Management Agency ( RMA) and Health and Human Services Agency ( HHSA)

have been ineffective, and neither agency was taking responsibility for the problem.

3. RMA initially had only one code enforcement officer. The Board of Supervisors has since approved the

hiring of a second officer.

4. Code violations are not always enforced. Fines are not often collected.

5. Public entities are not allowed to go onto private property to clean up trash without the permission of

the property owner unless a court order or warrant is obtained.

6. The rural trash collection rates are established by the Board of Supervisors. A thirty yard box costs

$ 6.00 per cubic yard, or $ 180, plus a $ 41 per ton dump fee. The average tonnage in a 30 yard box is

between three to nine tons, depending on the type of trash in it. A normal dumpster thus costs a total of

between $ 303 and $ 549 per collection.

7. The vast amount of trash poses possible health threats.

38  Grand Jury Report 2004 / 2005

RECOMMENDATIONS:

1. The Board of Supervisors should define and tighten up the parameters of responsibility for both RMA

and HHSA.

2. The Board of Supervisors should consider enlarging the code enforcement staff of RMA.

3. The Board of Supervisors and RMA should follow up on code violations, cite the owners and either

collect fines or put liens on the properties. Extensions should be limited to only one, and that would be

granted only if a true hardship exists.

4. The Board of Supervisors and RMA should get permission from owners who cannot afford to do it

themselves to enter the property and clean it up, using volunteer or low- risk prisoner teams.

RESPONSES:

The Tulare County Board of Supervisors

Health and Human Services Agency

Resource Management Agency

Grand Jury Report 2004 / 2005  39

CITIZEN COMPLAINTS PROCEDURES

Citizens of Tulare County may submit complaints concerning a variety of grievances. These complaints are

assigned to one of the standing committees for action.

The Grand Jury may refuse to act on a complaint, particularly if the matter is under judicial review, appears

to be more appropriate for action by another agency, or is out of the Jury’s jurisdiction, such as the federal

government or State of California departments. Committee investigation reports regarding complaints are

submitted to the entire jury with recommendation for action, which must be endorsed by a quorum of

twelve ( 12) jury members. During fiscal year 2004- 2005, a total of 60 complaints were investigated by

the Grand Jury.

SUBMISSION OF A COMPLAINT:

Complaints should be in writing and legible. All normal attempts to resolve the problem should have been

taken prior to submission of the complaint. When these efforts have proven unsuccessful, a complaint

form may be prepared and submitted. These complaint forms may be requested and obtained from the

Grand Jury office. The Tulare County Grand Jury is located at 5963 South Mooney Boulevard, Visalia,

California 93277. ( 559- 733- 6465)

CONTENT OF COMPLAINT:

The complaint form available from the Grand Jury is designed to help an individual supply pertinent data

regarding the reason for the complaint. It is easy to fill out and asks for information that is vital in helping the

Grand Jury resolve the problem.

1. Identify yourself with your full name, correct mailing address and a telephone number which can reach

you during business hours.

2. Identify the nature of your complaint.

3. Identify all the people involved and how they may be contacted.

4. If needed, the location of the occurrence that precipitated your complaint.

5. Furnish originals or copies of documents that may support your allegation.

6. Be specific in reporting the reasons for your claim. Avoid making broad statements.

CONFIDENTIALITY:

THE COMPLAINANT’S IDENTITY IS RIGOROUSLY GUARDED, AND THE GRAND JURY

IS FORBIDDEN BY LAW TO RELEASE ANY INFORMATION ABOUT INVESTIGATIONS.

40  Grand Jury Report 2004 / 2005

PHOTOGRAPH LEGEND

Front Cover:

World Ag Expo at Tulare

Back Cover:

1. Dinuba Vocational School

2. Tulare County Trash

3. New fuse gates on Terminus Dam at Lake Kaweah

4. Exeter Memorial Building

5. Clock tower at Mooney Grove Park

6. Sierra View District Hospital, Porterville

7. Juvenile Detention Facility

8. Trash and abandoned trailer

Grand Jury Report 2004 / 2005  41

42  Grand Jury Report 2004 / 2005

Grand Jury Report 2004 / 2005  43

TULARE COUNTY GRAND JURY

5963 So. Mooney Blvd.

Visalia, CA 93277

( 559) 733- 6465

CITIZEN COMPLAINT FORM

Date________________________

1. Your Name_________________________________________ Phone________________

Res. Address - City/ Zip____________________________________________________

Work Location________________________________ Bus. Phone___________________

~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~

2. PERSON OR AGENCY ABOUT WHICH COMPLAINT IS MADE:

Name/ Agency____________________________________________________________

Location or Address_______________________________________________________

Phone___________________ Person in charge ( if agency)_________________________

~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~

3. OTHER PERSONS OR AGENCIES YOU HAVE CONTACTED ABOUT THIS PROBLEM:

Agency / Location Approximate Date of Contact

________________________________________________________________________

________________________________________________________________________

________________________________________________________________________

________________________________________________________________________

~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~

4. BRIEF SUMMARY OF PROBLEM ( Include names, dates of events and agencies involved)

( Attach additional sheets if necessary)

~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~

5. SUBMIT COPIES OF CORRESPONDENCE AND DOCUMENTS WHICH APPLY TO PROBLEM

~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~

44  Grand Jury Report 2004 / 2005

6. PERSONS YOU THINK SHOULD BE CONTACTED ABOUT THIS PROBLEM

( a) Name/ Occupation_____________________________________________________

Address___________________________________________ Phone________________

Reason to contact_________________________________________________________

_______________________________________________________________________

_______________________________________________________________________

( b) Name/ Occupation_____________________________________________________

Address___________________________________________ Phone_________________

Reason to contact_________________________________________________________

_______________________________________________________________________

_______________________________________________________________________

( c) Name/ Occupation_____________________________________________________

Address___________________________________________ Phone_________________

Reason to contact_________________________________________________________

________________________________________________________________________

________________________________________________________________________

~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~

7. ACTION WHICH YOU BELIEVE WE SHOULD TAKE:

~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~

Excerpt from Grand Juror’s Oath:”... I will keep my own counsel, and that of my fellow Grand Jurors and of the

government, and will not, except when required in the due course of judicial proceedings or authorized by statute,

disclose the testimony of any witness examined before the Grand Jury, nor anything which I or any other Grand

Juror may have said, nor the manner in which I or any other Grand Juror may have voted on any matter before the

Grand Jury...”.

www. co. tulare. ca. us grnd_ jury@ co. tulare. ca. us