June 2007

The Honorable Jeffrey Jones

Presiding Judge Superior Court

County of Imperial

939 West Main Street

El Centro, CA 92243

Reference: 2006- 2007 Imperial County Civil Grand Jury Final Report

Dear Judge Jones,

The 2006- 2007 Imperial County Civil Grand Jury herewith submits its final report. This report

contains the result of investigations required by the California Penal Code, requested by citizen

complaints, or presented by other sources.

For the most part, we found that Imperial County government operates smoothly and efficiently.

The staff of the departments we investigated and the Superior Court support staff were, without

exception, extremely cooperative, helpful and eager to assist us in the performance of our duties.

We found, across the board, that staff and budget constraints continue to challenge the County as

it does its business for its citizens.

I am grateful for the members of the 2006- 2007 Grand Jury who worked so hard and, at times,

sacrificed personally to work the hundreds of hours this report represents. It was an honor to

perform this civic duty with such a dedicated group. We all leave our year of service with a

greater appreciation of the role the Grand Jury plays in our community.

Sincerely,

Donna Grizzle, Foreperson

Imperial County Civil Grand Jury

THE ROLE A 	 D SCOPE OF THE CIVIL GRA 	 D JURY

The Civil Grand Jury is an oversight body composed of local citizens, who serve a term of

twelve months, having as its primary role to investigate complaints about and to randomly audit

local governmental agencies and officials and to publish their investigative findings and

recommendations toward improving those governmental operations in the interest of the

community being served. Improvements recommended by the Civil Grand Jury include those

where government might function better, save money, and reduce staffing. The Civil Grand Jury

also examines the way government conducts business with respect to any evidence of

malfeasance, misappropriation, or mismanagement. The Civil Grand Jury also has the authority

to issue indictments and accusations as a response to findings of criminal conduct or malfeasance

in office. If criminal conduct or malfeasance is uncovered or suspected, the matter is turned over

to the District Attorney for further action. Forty- two states have some form of grand jury.

Authority for the California Grand Jury derives from the California Penal Code and the

Government Code of California. Grand Juries exist in all counties in California. In some

counties, the District Attorney utilizes the same Grand Jury for both civil and criminal matters.

In Imperial County, the District Attorney convenes special Grand Juries to handle criminal

matters and ensure indictment.

2006- 2007 Imperial County Civil Grand Jurors

Donna Grizzle, Foreperson Ray Naud, Foreperson Pro Tempore

Allen Earley, Secretary Mary Slaughter, Treasurer

Richard Acosta Cynthia Alba

Rosalva Caro Carl David

Tom Dineley Norman Germani

William Lockett Gail Luallin

Mike Sabath Vassiliki ( Kaye) Valvi

Edward Vargas Deborah Walk

Glenice Waters Jesse Zendejas

IMPERIAL COU  TY CIVIL GRA  D JURY 2006- 2007 FI  AL REPORT

A STATUS REPORT O  THE BUDGET OF IMPERIAL COU  TY

The California Penal Code requires, among other things, that the Civil Grand Jury report on the

fiscal matters of the County. The Auditor- Controller of Imperial County was instrumental in

preparation of this status report which involved no investigation nor inspection or attempt to

audit the accounts of Imperial County by the Civil Grand Jury. This report is informational and

included in compliance with the law. The Civil Grand Jury is grateful for the assistance

provided by the Auditor- Controller of Imperial County and the staff of that office.

Imperial County is growing at one of the fastest rates of any county in the State of California.

This growth has spurred increased demand on the services provided by the County. It is

fortunate, that the growth that demands services also provides the additional funds for them. The

abilility to provide services to the citizens of Imperial County lies in its financial well being. The

Auditor- Controller, Treasurer and the County Executive Officer all play a vital role in

understanding where and how Imperial County's assets are managed.

• For 2004- 2005 and 2005- 2006, the State kept $ 1.5 million dollars back per year from the

County as part of the Triple Flip legislation. That caused the County to look carefully at

its budget. In 2004- 2005 the total county budget was $ 285,216,602. The 2005- 2006

county budget increased to $ 308,654,853. Most of this increase was in non- General Fund

areas, as the the reduction in State revenue primarily impacted the General Fund. The

2006- 2007 budget increased to $ 342,885,861, reflecting the State backing off on reducing

County revenues and also due to the overall growth of the County.

• The Assessed Valuation of the County increased from $ 7.1 billion in 2004- 2005 to $ 8.4

billion in 2006- 2007. The difference showed up in an increase of property tax revenues

to the County of approximately $ 1.5 million. The bulk of the increased property tax

revenue was received by the cities and schools in Imperial County.

• Imperial County's net assets ( total assets less total liabilities) increased from the year

2004- 2005 by $ 29.8 million bringing total assets to $ 104 million in 2005- 2006.

• The Imperial County Auditor- Controller's office was audited by Hutchinson and

Bloodgood L. L. P. in 2005- 2006 and was found to be in conformance with accounting

standards accepted in the United States of America.

• The Imperial County Auditor- Controller's office provides the County with financial

information in a timely, clear and manageable format.

IMPERIAL COU  TY CIVIL GRA  D JURY 2006- 2007 FI  AL REPORT

TABLE OF CO  TE  TS

• City of Calipatria............................................................................................. 1

• City of Holtville............................................................................................. 2

• City of Holtville............................................................................................. 3

• Office of Imperial County Counsel................................................................. 4

• Imperial County Human Resources/ Risk Management Department.............. 5

• City of El Centro Community Services.......................................................... 6

• Imperial County Fairgrounds……….…......................................................... 7

• City of Brawley Police Department................................................................ 8

• City of El Centro Fire Department................................................................. 9

• City of Imperial Police Department............................................................. 10

• Imperial County Probation Department........................................................ 11

• Imperial County Juvenile Hall...................................................................... 13

• Calexico Unified School District.................................................................. 15

• Imperial Unified School District................................................................... 17

• City of El Centro Public Works Department............................................... 18

• Imperial Valley Transit System..................................................................... 19

• Superior Court Support Staff......................................................................... 20

• Imperial County Agriculture Commissioner Building…………….............. 21

• Bombay Beach Rescue Service..................................................................... 22

• Calipatria State Prison................................................................................... 23

• Calipatria State Prison................................................................................... 24

• Centinela State Prison................................................................................... 25

• Imperial County Jail...................................................................................... 26

• Imperial County Recorder/ Clerks Office...................................................... 27

• Local Agency Formation Commission ( LAFCO)......................................... 29

• Salton Sea Community Services District...................................................... 31

• Request for responses to the 2006- 2007 Final Report.................................. 32

• Note to Respondents...................................................................................... 33

IMPERIAL COU  TY CIVIL GRA  D JURY 2006- 2007 FI  AL REPORT

SUBJECT OF I  VESTIGATIO 

City of Calipatria

REASO  FOR I  VESTIGATIO 

A complaint was received regarding the condition of the streets. The Civil Grand Jury is

mandated to inspect the City of Calipatria every five years.

BACKGROU  D

A complaint was received regarding the condition of the streets.

FI  DI  GS

The City Manager was interviewed. The city of Calipatria has 20 employees. Regarding

the condition of the streets, Phase I and Phase II of the project to resurface the streets

have been completed with Phase III to be implemented later in the year. There are some

pot holes that do not stay repaired for long. Complaints regarding the condition of the

streets are routinely given to the Public Works Department. The Public Works

Department has only three employees. The staffing of this department is currently being

addressed.

The City Manager inherited a $ 1,200,000 deficit at the time of his employ 6 years ago.

Keeping the city running, and moving ahead with various projects, the city has been able

to pay down the deficit. The deficit is currently $ 400,000.

The waste water pipe lines are in need of replacement. This is on the agenda to be done

as funds become available.

Currently, there are two tracts of ten homes each being built. Another builder is going

through the process of getting approval to build one hundred fifty homes. This will raise

the tax base for the city and will help pay for improvements and future plans to improve

the city.

RECOMME  DATIO  S

The Civil Grand Jury was impressed with the demeanor, knowledge, and competency of

the city manager. The city manager is a native of Calipatria and is dedicated to moving

the city forward. The Grand Jury has no recommendations.

RESPO  SE: No response required.

1

IMPERIAL COU  TY CIVIL GRA  D JURY 2006- 2007 FI  AL REPORT

SUBJECT OF I  VESTIGATIO 

City of Holtville

REASO  FOR I  VESTIGATIO 

The Civil Grand Jury received an anonymous complaint that “ A lot of water was

disappearing and unaccounted for” in the city of Holtville.

BACKGROU  D

The problem was discussed with the Public Works Manager, the Public Works

Supervisor, and the Water Treatment Plant/ Distribution Supervisor who agreed that

“ water loss” was a problem.

FI  DI  GS

The City of Holtville has approximately one thousand water meters in service that are

overdue for replacement. Older meters are less efficient and do not accurately record

water usage. Therefore, some water is being delivered for which there is no charge. It

would cost the city approximately $ 200 to replace each of the meters. The City does not

have the money or the manpower to replace all of the industrial meters in the packing

plants.

The city pool loses water through evaporation and what splashes out. Minor leaks do

occur occasionally in the city water system and they are repaired in a timely fashion

when they are found.

The city parks and City Hall grounds are well maintained. They do not have meters and a

large amount of water is used to keep the landscaping hydrated.

The Fire Department must occasionally clear the fire hydrants to keep the lines running

free. This water is not recorded as there are no meters.

Holtville has one water storage area. If the water storage area was damaged, ( i. e.,

earthquake) the city would have water only through the canal system if it was still intact.

The city is discussing building a new water storage area.

RECOMME  DATIO  S

The Civil Grand Jury recommends that the City of Holtville get the funds to replace the

meters. The Civil Grand Jury recommends that the City of Holtville build a new water

storage area. The Civil Grand Jury would like to thank the efficient, committed

employees for their information and cooperation.

RESPO  SE: Responses required to the recommendations:

1. Replace water meters.

2. Build a new water storage area.

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IMPERIAL COU  TY CIVILGRA  D JURY 2006- 2007 FI  AL REPORT

SUBJECT OF I  VESTIGATIO 

City of Holtville

REASO  FOR I  VESTIGATIO 

The Civil Grand Jury had received complaints from Holtville residents regarding the

disparity in the water rates. They felt that residents outside of Holtville city limits were

being charged double for their water.

BACKGROU  D

When the Barbara Worth County Club was in the planning stages, the developers

approached the City of Holtville with an agreement to furnish the Country Club with

water. This was established as a covenant with the original land developer and has been

included in deeds to all purchasers of land within the confines of the Barbara Worth

Country Club.

The state requires that those who are living outside of city limits must have some system

to supply potable water to each residence for drinking purposes. Canal water may be

used for laundry, bathing, etc. It is not potable and cannot be used for drinking water.

Holtville residents living outside of city limits use treated city water and do not pay taxes

to the city like the city residents. They are charged double to offset the expenses of

production and distribution of the water. This also includes the maintenance of the water

system, and the meter reading and billing for water usage. There are approximately 1400

metered connections in the city, and 114 water connections outside the city limits.

LAFCO will not allow the Barbara Worth Country Club to be annexed to the City of

Holtville. Annexation of property that is not contiguous to the City is not allowed.

FI  DI  GS

The Civil Grand Jury felt that we could not affect any change in the water usage billing.

The City has had many discussions on the subject and believes that the larger charge is

justified. The newly appointed City Manager is familiar with the history of the City of

Holtville and has plans to move the city forward. The Grand Jury would like to thank her

for her information and cooperation.

RECOMME  DATIO  S

The Civil Grand Jury has no recommendations.

RESPO  SE: No response required.

3

IMPERIAL COU  TY CIVIL GRA  D JURY 2006- 2007 FI  AL REPORT

SUBJECT OF I  VESTIGATIO 

Office of Imperial County Counsel

REASO  FOR I  VESTIGATIO 

The Civil Grand Jury is mandated to investigate Imperial County Counsel every five years.

SUMMARY OF FI  DI  GS

The Civil Grand Jury met with County Counsel, the Legal Office Supervisor and a Legal Office

Assistant II. The office of the County Counsel is located on the second floor of the County

Services Building, 940 West Main Street, El Centro. The division employs fifteen employees;

attorneys and support staff. Their responsibility includes legal counsel to the Board of

Supervisors and all their departments in at least sixteen different areas. Almost one half of the

staff deals with child dependency issues. Land use legal issues are also handled in this office.

County Counsel expressed a need for a larger budget. He remarked that turnover was an

ongoing problem. He explained that time constraints were his biggest problem.

The Legal Office Supervisor has been employed by County Government for nineteen years, of

which the last seven have been spent in the County Counsel's office. Her responsibilities include

budgeting for and managing the office and supervising the support staff. Staff employees all

have at least one year of legal office experience before being employed in the County Counsel's

office. She explained that turnover was a problem with staff leaving from time to time to take

jobs with better pay and / or benefits.

The Legal Office Assistant II has been employed in this office for sixteen years. She explained

that the support staff rotates between the lawyers and various jurisdictions within the office. She

stated that juvenile dependency commands a large part of the staff's time. Although there is no

requirement for continuing education for staff, it is offered and encouraged. Imperial Valley

College also offers classes that prepare a person to be employed in this department with the

County. Beginning staff are Legal Office Assistant I, while those with experience may be

promoted to Assistant II. The office operates on a flex time schedule which allows employees to

have rotating work free Fridays.

RECOMME  DATIO  S

The Civil Grand Jury is grateful for the open and cooperative spirit with which the office of the

County Counsel welcomed us. The Grand Jury appreciates the advisory services of the County

Counsel in the performance of our duties. The Grand Jury has no recommendations.

RESPO  SE: No response required.

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IMPERIAL COU  TY CIVIL GRA  D JURY 2006- 2007 FI  AL REPORT

SUBJECT OF I  VESTIGATIO 

Imperial County Human Resources/ Risk Management Department

REASO  FOR I  VESTIGATIO 

The Civil Grand Jury is required to inspect the Human Resources/ Risk Management

Department every five years.

BACKGROU  D

Members of the Civil Grand Jury met with the Director of Human Resources/ Risk

Management Department who was appointed to this position in February of 2007. This

department has eighteen staff members who serve the county’s one- thousand seven-hundred

employees. The Human Resources Department handles the county’s recruitment,

interviewing, and hiring practices. The department also handles review and adjudication

of employee disciplinary matters. The current director has been on the job for less than

two months. The director is still assessing the needs of the department and feels that

additional staff and a larger budget would help the department function more effectively.

RECOMME  DATIO  S

The Civil Grand Jury thanks and commends the current director. The Civil Grand Jury

has no recommendations.

RESPO  SE: No response required.

5

IMPERIAL COU  TY CIVIL GRA  D JURY 2006- 2007 FI  AL REPORT

SUBJECT OF I  VESTIGATIO 

City of El Centro Community Services Department. Parks & Recreation

REASO  FOR I  VESTIGATIO 

The Civil Grand Jury is mandated to inspect the Parks & Recreation Department every

five years.

FI  DI  GS

The Civil Grand Jury met with the Parks Supervisor and with the Recreation Supervisor

along with Department’s Staff Assistant. The Civil Grand Jury members were given the

name and location of all the parks in the City of El Centro. There are five facilities, six

parks, and six recreation fields within the city. Home developers give the city parks that

are often incomplete and underdeveloped. Several issues involving maintenance were

discussed. An extensive and impressive list of recreational programs, events and

activities available to the community were presented.

The El Centro Community Services Department receives its funding from the City’s

General Fund. Nine hundred thousand dollars per year is currently allocated to Parks and

$ 400,000 is allocated to Recreation. The Department employs in addition to the two

supervisors and staff assistant, seven employees who maintain all the parks of the City of

El Centro. The Department relies heavily on volunteers. The greatest need of the

Department is more funding and staffing.

RECOMME  DATIO  S

The Civil Grand Jury was impressed with the knowledge and competence of both

Supervisors as well as with their ability to do so much with the limited resources

available.

The Civil Grand Jury highly recommends the City of El Centro show more appreciation

and recognition to the Department for the great services provided to the community and

reconsiders its current budget allocation of funds to meet the expanding needs of the

Community Services Department.

The Civil Grand Jury also recommends reconsideration of future agreements between the

City and home developers relating to the conditions of the parks handed over to the City.

At the present time the parks are handed over in an underdeveloped and incomplete state.

RESPO  SE: Responses required to the recommendations:

1. Examine budget allocation.

2. Reconsider future agreements relating to developers' parks.

6

IMPERIAL COU  TY CIVIL GRA  D JURY 2006- 2007 FI  AL REPORT

SUBJECT OF I  VESTIGATIO 

Imperial County Fairgrounds ( Imperial Valley Expo)

REASO  FOR I  VESTIGATIO 

The Imperial County Grand Jury is required to inspect The Imperial County Fairgrounds

( IV Expo) every five years.

FI  DI  GS

The Civil Grand Jury met with the Chief Executive Officer ( CEO) and the Business

Assistant for the Imperial County Fairground. The Fairground is run by the CEO under

the supervision of nine Board of Directors. The Board of Directors is appointed by the

Governor of California. The treasurer is elected by the Board of Directors. Income for

the Fairground comes from proceeds of the annual fair, events throughout the year, and

from the State. The fair generates approximately $ 1,000,000 per year. There were

approximately seventy - five events last year which included stockcar racing, meetings,

banquets, receptions, and a truck driving school. Approximately five percent of the

income comes from the state. It is generated by horse racing from fairs throughout the

state. Six and one half percent of the money raised at the auction is divided between the

Junior Livestock Foundation and the Fairgrounds. The Junior Livestock Foundation

receives four percent and the Fairground receives two percent. The Junior Livestock

Foundation uses the money to improve or add to fairground structures. The infrastructure

for repaving is underway and is expected to be completed in 2009. Eighty percent of the

repaving is federally funded with the Fairground paying for the other twenty percent. The

CEO wants to continue to improve the Fairground structures as money becomes

available. The rates for use of the Fairgrounds facilities have remained the same for the

past five years. The rates for Fairground use will be raised in the near future to keep up

with the increase in utilities.

RECOMME  DATIO  S

We would like to thank the CEO and Business Assistant for their cooperation during the

inspection. The Grand Jury has no recommendations.

RESPO  SE: No response required.

7

IMPERIAL COU  TY CIVIL GRA  D JURY 2006- 2007 FI  AL REPORT

SUBJECT OF I  VESTIGATIO 

Brawley Police Department

REASO  FOR I  VESTIGATIO 

The Civil Grand Jury is mandated to investigate the Brawley Police Department every

five years.

BACKGROU  D

The Brawley Police Department is located on the corner of Main and Plaza, across the

street from the old Planters Hotel. It operates with twenty- eight sworn officers and

thirteen support staff. Currently the department is understaffed by six employees. The

shortage is due mainly to the turnover of officers seeking better pay. Officials stated that

the Brawley Police Department is often used by officers as a stepping stone to better

paying police departments.

FI  DI  GS

The Acting Deputy Chief gave Civil Grand Jury members a tour of the facility and

described the strengths and weaknesses of the department. The dispatch room was well

maintained and seemed to be running efficiently. Some areas of the department's

building were cluttered with boxes and the old jail cells were used primarily for storage.

Officers appeared to assume duties beyond their job descriptions and are willing to

undertake tasks that are necessary to the operation of the department. For example, the

Chief is the main information technology and video maintenance person in the

department. Members noted that there is limited secure parking at the police department

and no shaded parking for vehicles. They also noted that the emergency backup

generator for the department was quite old. Civil Grand Jury members left with the

general feeling that in this growing city, the department operated well with limited

resources.

RECOMME  DATIO  S

The Civil Grand Jury commends the work ethic of the Brawley Police Department. It

recommends that the city consider constructing more secure and shaded parking for the

department. It also recommends that the city consider upgrading the department's

emergency backup generator.

RESPO  SE: Responses required to the recommendations:

1. Construct secure and shaded parking.

2. Upgrade the emergency backup generator.

8

IMPERIAL COU  TY CIVIL GRA  D JURY 2006- 2007 FI  AL REPORT

SUBJECT OF I  VESTIGATIO 

City of El Centro Fire Department

REASO  FOR I  VESTIGATIO 

The Civil Grand Jury is mandated to investigate the El Centro Fire Department every five

years.

SUMMARY OF FI  DI  GS

The Grand Jury met with the Fire Chief, a paramedic, and a firefighter. The El Centro

Fire Department has a station on State Street and another station on Dogwood Road with

plans of a third station to be built in the next five to ten years that will also be used as an

administrative office. The El Centro Fire Department responds to approximately thirty

five hundred calls per year of which approximately eighty percent are medical in origin.

The Fire Chief is satisfied with the staffing, the budget, and the equipment and feels that

it will be adequate as the city continues to grow and the third station is staffed. A new

engine was recently purchased and equipment for the fire fighters and their personal gear

is considered to be top of the line.

The firefighters are given the option to become paramedics after one year of employment

and advancement opportunities are available as positions become open.

RECOMME  DATIO  S

The Grand Jury was impressed with the willingness of the staff to answer questions and

show us the equipment and station. The Grand Jury has no recommendations.

RESPO  SE: No response required.

9

IMPERIAL COU  TY CIVIL GRA  D JURY 2006- 2007 FI  AL REPORT

SUBJECT OF I  VESTIGATIO 

City of Imperial Police Department

REASO  FOR I  VESTIGATIO 

The Civil Grand Jury is mandated to investigate the City of Imperial Police Department

every five years.

SUMMARY

Members of the Civil Grand Jury interviewed the Chief of Police and the Captain of the

City of Imperial Police Department who provided information on the history of the

department, its operations and its future plans. This was followed by a tour of the

department’s physical plant. In the previous review five years earlier, the Civil Grand

Jury had recommended some repairs to the department’s main building. The building is

over sixty years old and was never designed as a police department facility. During the

tour members were impressed with the renovations made to the building and with the

way the department was making use of its limited resources to meet the needs of the

department and community. Despite its limitations, the facility was clean, orderly and

well maintained.

Over the past ten years, the department has experienced many changes in its jurisdiction

including rapid population growth ( approximately thre- thousand five- hundred to ten-thousand

four- hundred persons), considerable residential development, as well as

increased calls for service. The Chief has not been able to increase the number of patrol

officers and supervisors needed to keep pace with these changes. He estimates the

department needs six more patrol officers and two more supervisors to provide an

adequate level of service. The department has been able to fill one sergeant position using

revenue offsetting. It has no dispatch services of its own and contracts with the City of El

Centro for that function.

The Chief discussed plans for improvements over the next three years including

constructing a new combined city hall and public safety building, leasing rather than

purchasing patrol cars to improve the quality of police vehicles and their maintenance,

and continuing to work collaboratively with regional, state and federal agencies to

purchase needed equipment and to seek grant funding to support police operations.

RECOMME  DATIO  S

The Civil Grand Jury would like to acknowledge the Police Chief and his staff for their

dedication and their ability to function exceptionally well within the limited resources

available to them. There are no recommendations to offer at this time.

RESPO  SE: No response required.

10

IMPERIAL COU  TY CIVIL GRA  D JURY 2006- 2007 FI  AL REPORT

SUBJECT OF I  VESTIGATIO 

Imperial County Probation Department

REASO  FOR I  VESTIGATIO 

The Civil Grand Jury is mandated to investigate the Imperial County Probation

Department every five years.

SUMMARY OF FI  DI  GS

The Imperial County Probation Department is located on Applestill Road in El Centro.

Generally, its mission is to protect the community. It does this by providing the court

with factual information about offenders, making sentencing recommendations to the

court, and supervising offenders in the community. It also provides offenders with

opportunities to maintain law abiding behavior while on probation.

Civil Grand Jury members met with the Chief Probation Officer, two Chief Deputies and

two Division Managers. Probation staff gave an overview of the department’s

organization, operations and funding, and highlighted changes that had occurred in the

department in recent years. Civil Grand Jury members asked questions and discussed

issues related to department funding, operations and the physical plant.

The department has a budget of $ 9 million and one- hundred twenty authorized positions.

It is responsible for both adult and juvenile offenders. While historically it has been

funded by the county general fund, about half of its funding now comes from a variety of

other funding sources, primarily grant awards. The outside funding has enabled the

department to maintain reasonable staffing levels in the face of general funding cuts that

have occurred over the past several years. Twenty positions were saved by the

department’s success in securing outside funding. Even so, the department still faces a

shortage of eleven probation officers due to funding cuts. It also has experienced a

substantial increase in administrative and management responsibilities as a result of

managing numerous grant awards. Currently, the average adult caseload is one- hundred

seventy- six offenders per officer. This would increase should the State decide to relieve

prison over- crowding by releasing offenders early to their home counties. The Probation

Department staff is very qualified and professional. It has been able to maintain and

develop its staff through extensive training and in- house promotion.

RECOMME  DATIO  S

Civil Grand Jury members make the following recommendations:

• Because of its substantial reliance on grant funding, the Probation Department

should be diligent about reminding the county supervisors when state and federal

grants will expire and the impact such changes may have on operations.

11

• Given the limited personnel resources in the Probation Department and the

possibility that the State may begin releasing offenders to their home counties to

relieve state prison over- crowding, the Civil Grand Jury recommends the

department explore the possibility of reassigning responsibilities for civil and

probate investigations to a more appropriate county agency. This will enable at

least one probation officer to be reassigned to direct supervision duties.

• The Civil Grand Jury recommends that the Probation Department explore the

possibility of developing an Intensive Supervision Probation ( ISP) program for

juveniles who are presently sent to group homes out of the county. Presently, the

department lacks personnel resources to adequately supervise these juveniles and

their family situations in Imperial County which necessitates that the juvenile be

sent to group homes in other parts of California at considerable expense. The

department should weigh the cost of sending juveniles out of county against the

costs of ISP and the benefits of keeping juveniles near their families.

The Civil Grand Jury appreciates the dedication of the Probation Department staff as they

strive to provide quality services to the people of Imperial County in the face of declining

resources.

RESPO  SE: Response required to the recommendations;

1. Provide grant status information to county supervisors.

2. Reassign civil and probate investigations.

3. Develop an ISP program.

12

IMPERIAL COU  TY CIVIL GRA  D JURY 2006- 2007 FI  AL REPORT

SUBJECT OF I  VESTIGATIO 

Imperial County Juvenile Hall

REASO  FOR I  VESTIGATIO 

The Imperial County Civil Grand Jury is required to inspect the Juvenile Hall yearly.

SUMMARY OF FI  DI  GS

The Civil Grand Jury met with the Chief Probation Officer, Chief Deputy, and the Shift

Supervisor of the Imperial County Juvenile Hall. Members were briefed on trends,

operations and budgetary matters affecting Juvenile Hall over the past year. During the

briefing, staff distributed written materials describing Juvenile Hall programs and

summarizing statistical information about the juvenile population. The briefing was

followed by a tour conducted by the Chief Deputy and Shift Supervisor. Grand Jury

members had the opportunity to observe conditions and activities in the facility, talk with

juveniles and ask questions.

Civil Grand Jury members made the following observations:

• The parking lot for Juvenile Hall is in disrepair and need of resurfacing;

• Otherwise, the physical plant is clean and in good condition;

• An approximately 24,000 square foot building that had been used by the Youth

Authority for juvenile housing and programs has remained vacant for about six

years. During the past year, Imperial County has explored leasing the building

to the Corrections Corporation of America;

• Staff has worked diligently to obtain substantial grant funding to support

juvenile hall operations and staff positions. Without such a concerted effort, it

is doubtful that Juvenile Hall staff could continue to provide the current quality

and level of service;

• Staff, particularly mid- level staff, appear to be well trained and able to assume

management functions when necessary;

• Despite difficult fiscal times, Juvenile Hall has been successful in hiring and

retaining qualified staff;

1 3

• The staff- to- juvenile ratio seems reasonable, and the level of interaction

between staff and juveniles is commendable.

• Staff makes use of several counseling and instructional programs that are

tailored to juveniles’ needs, including:

o Anger Management through the Center For Family Solutions

o Foster Grandparents Counseling Program

o Young men as Fathers Program

o Border Health Foundation Abstinence Program

o Regional Occupational Program ( Employment Skills)

o Imperial County Office of Education Support Group ( Group

Counseling); and

• The California Corrections Standards Authority completed its biennial

inspection of Imperial County Juvenile Hall during March, 2007. The Authority

found no areas of non- compliance that required follow- up. It also praised the

commitment of Juvenile Hall staff and noted the creativity and relevance of

programs provided at the facility.

RECOMME  DATIO  S

The Civil Grand Jury strongly recommends that the Imperial County Board of

Supervisors and Juvenile Hall staff intensify their efforts to find a productive use for the

underutilized building. It also recommends that the parking lot be resurfaced to make

the facility safer for the public and Juvenile Hall personnel. Lastly, the Grand Jury

commends the professionalism of the Juvenile Hall staff and their dedication to the fair

and humane treatment of juveniles in their care.

RESPO  SE: Responses required to the recommendations:

1. Find a productive use for the underutilized building.

2. Resurface the parking lot.

14

IMPERIAL COU  TY CIVIL GRA  D JURY 2006- 2007 FI  AL REPORT

SUBJECT OF I  VESTIGATIO 

Calexico Unified School District

Administration Office

REASO  FOR I  VESTIGATIO 

The Civil Grand Jury is mandated to inspect the Calexico Unified School District every

five years.

BACKGROU  D I  FORMATIO 

An in office interview was conducted of the District’s Superintendent. Information was

gathered on the overall status of the District. An interview was conducted with the

Principal of the De Anza Junior High School. The Principal stated a school motto of Bull

Pups, Pride, Unity, Performance, Spirit and Growth. An interview and facilities tour of

the Calexico High School was conducted by a teacher who has taught at the school for

twenty years and has thirty- five years of teaching experience. He provided valuable

information and insight..

FACILITIES

The District is currently comprised of six Elementary Schools, three Junior High Schools,

a regular High School, one continuation High School and an Adult Basic Education

School. There is a District Administration building that handles Human Resources,

Personnel, Business Services, Curriculum, Special Projects, Food Services and Special

Education. The District has twelve- hundred employees with a monthly budget of $ 5.2

million. A new elementary school is currently under construction and is expected to open

in September 2007. The District employs their own private security personnel that are

assisted by two regular full- time city police officers that have full access to the two high

schools and the three junior high schools.

FI  DI  GS

The superintendent reported that there are no recruiting or retention problems of

employees. He further stated that there are no serious personnel issues or problems to

report. The District is operating well within its budget. The District’s schools are all

under safety plans, which involve inspections from the Calexico Fire and Police

Departments. The Superintendent reports that fire and other disaster evacuation drills are

conducted on a monthly basis.

15

The District has three campus security officers and two- full- time police officers that

provide grounds security and proctor services. The high school’s cafeteria was found to

be too small to handle the more than two- thousand student population. There is only

indoor seating for eighty students with some outdoors lunch tables available for the rest

of the students. The high school library will only hold about seventy students at any one

time which is too small to handle the student population. The high school does not have

an auditorium and either rents outside buildings when needed, or uses the San Diego

State University- Calexico campus which does not charge the district for its use. The high

school sprinkler system is in poor shape. Sprinkler head leaks with puddles were

observed throughout the grounds which the children and teachers sometimes have to walk

through to get to their classes. A veteran high school teacher reports that there is a serious

communication breakdown from the schools site administrators and the District Office.

The teacher reports that there is an overall feeling of isolation from the school’s site staff

and the District. The teacher believes that the District will not solicit any real input from

the school’s site staff. The teacher feels that the situation is getting better since the last

high school principal’s retirement. The Superintendent reports that the District’s students

Academic Performance Index scores have increased consistently for the last six years,

which was verified by a bar graph and chart. The superintendent reports that all API test

scores are verified by The Office of Education in Sacramento. The Western Association

of Schools and Colleges ( WASC), a national schools accreditation and certification body,

gave a six year accreditation to the Calexico schools.

RECOMME  DATIO  S

• The High School cafeteria is inadequate and should be expanded or a larger

facility built, to accommodate more of the two- thousand plus students.

• The High School lawn sprinkler system should be repaired or replaced.

• The High School library needs to be expanded in size to accommodate more

• students.

• The District/ Superintendent should solicit more input from it schools site staff

when making important decisions that affect all of its employees and students.

At this time no response or action is requested from the Imperial County Civil Grand Jury

or the Imperial County Superior Courts. The Civil Grand Jury would like to thank the

Superintendent and staff members for their time and cooperation during this

investigation.

RESPO  SE: No response required.

16

IMPERIAL COU  TY CIVIL GRA  D JURY 2006- 2007 FI  AL REPORT

SUBJECT OF I  VESTIGATIO 

Imperial Unified School District

REASO  FOR I  VESTIGATIO 

The Civil Grand Jury is mandated to inspect the Imperial Unified School District every

five years.

BACKGROU  D

Members of the Civil Grand Jury interviewed the President of the Board of Imperial

Unified School District, the District Superintendent, the four school principals, the ASB

President and a member of the classified staff. The Imperial Unified School District

consists of one high school, one middle school, three elementary schools and one

continuation school. The Mission Statement of Imperial Unified School District is:

" Educate all students to the highest level possible".

FI  DI  GS

The District is making every attempt to fulfill its mission statement. At one school, ten

percent of the instructional time is spent in a student's native language. State test scores

reflect the efforts made to deliver quality education. The District strives to employ

qualified teachers and trains para- professionals for their assignments. The president of

the Associated Student Body attends school board meetings and gives a regular report to

them. A new science laboratory at the high school is underway. Based on interviews, the

Civil Grand Jury committee found:

• that there is an interactive relationship among teachers, classified staff,

administration, school board and community

• there is a desire to eliminate combination classes

• many would like to have new bleachers at the football field

• site administrators and teaching staff desire more influence in establishing

educational programs

• teachers desire a more effective method of communicating with the parents of

their students

• after school tutorial programs are important and more efforts toward this end are

desirable

• continued evaluation of the discipline policy is a recognized goal

• decreasing class size, especially in the upper grades, is desirable

RECOMME  DATIO  S

The Civil Grand Jury commends Imperial Unified School District for its high quality of

education, accomplishments and success in meeting its mission statement. The Civil

Grand Jury recommends that the proper individuals and/ or groups review the findings of

this report and work toward their resolution.

RESPO  SE: No response required.

17

IMPERIAL COU  TY CIVIL GRA  D JURY 2006- 2007 FI  AL REPORT

SUBJECT OF I  VESTIGATIO 

City of El Centro Department of Public Works

REASO  FOR I  VESTIGATIO 

The Civil Grand Jury is mandated to investigate the El Centro Department of Public

Works every five years.

SUMMARY OF FI  DI  GS

The Civil Grand Jury members met with the director of the El Centro Department of

Public Works, which is located at 307 Brighton Avenue in El Centro. The director

reports directly to the El Centro city manager. The Public Works Department is made up

of eight different departments with the director being in charge of all eight departments.

The departments are:

• Building Safety

• Engineering

• Streets & Traffic Signals

• Underground Utilities

• Water Plant

• Waste Water

• Building Maintenance

• Equipment.

The Department of Public Works has a very low turnover of employees. Most employees

are from the area and are qualified and experienced. The director feels that the

employees could easily obtain higher compensation and benefits outside Imperial

County. Educational training is offered and encouraged for employees. There is a

continuous program in place to repair city streets. As more funding becomes available,

more streets will be resurfaced or repaired. There is a method to determine which streets

get priority. The director reported that the Dogwood road overpass expansion to six lanes

would begin in the immediate future. All eight departments were briefly discussed. The

jury members did not find any area that needs special attention and found that the public

works department is very organized and runs very well with the budget given to the

department. The director stated that the department strength is its long- term employees

and wanted to give thanks to the city council for their help and efforts for smart growth in

El Centro.

RECOMME  DATIO  S

The Civil Grand Jury has no recommendations and would like to thank the director for

his time.

RESPO  SE: No response required.

18

IMPERIAL COU  TY CIVIL GRA  D JURY 2006- 2007 FI  AL REPORT

SUBJECT OF I  VESTIGATIO 

Imperial Valley Transit

REASO  FOR I  VESTIGATIO 

The Civil Grand Jury is required to inspect the Imperial Valley Transit system once every

five years.

BACKGROU  D A  D FI  DI  GS

The County of Imperial has a long- term contract with Laidlaw Transit Services, Inc.

which owns and operates Imperial Valley Transit. Twenty- two buses provide service to

approximately two- thousand passengers a day throughout Imperial Valley cities. Civil

Grand Jury members interviewed the project manager of Imperial Valley Transit and the

county administrative analyst responsible for managing the contract between Laidlaw

Transit Services and Imperial County. Members were given a tour of the transit service

facilities.

The project manager described Imperial Valley Transit’s operations and functions. The

county administrative analyst appeared to be very knowledgeable. Civil Grand Jury

members noted that the administrative analyst was the only person working directly with

the bus service operations from the county.

RECOMME  DATIO 

The Civil Grand Jury recommends that the County train a person to assume the

administrative analyst’s responsibilities should the need arise.

RESPO  SE: Response required to the recommendation;

1. Train an alternate transit system administrative analyst.

19

IMPERIAL COU  TY GRA  D JURY 2006- 2007 FI  AL REPORT

SUBJECT OF I  VESTIGATIO 

Superior Court Support Staff

REASO  FOR I  VESTIGATIO 

The Civil Grand Jury is mandated to investigate the Superior Court Support Staff every year.

BACKGROU  D

Of the more than one hundred twenty five courthouse employees, several lend support to

members of the Civil Grand Jury as part of their court duties. Their efforts lead to the selection

of the Grand Jury, preparation of the procedural manual, processing of expenses and per diem,

securing of office supplies, making meeting room arrangements, and interdepartmental mail

service.

FI  DI  GS

Part of the Mission Statement of the Superior Court is to serve the public with courtesy, respect,

integrity, professionalism and efficiency. The Grand Jury has witnessed all of the above in the

past year and is grateful for the support staff’s assistance. The Civil Grand Jury interviewed a

court services supervisor, a court specialist, and an assistant court executive officer. They

described how they performed the duties outlined in their job description. Some of the

employees performed more than what was required in their job description. Each employee

interviewed answered all questions to the satisfaction of the civil grand jury committee. The

Civil Grand Jury greatly appreciated the employee’s cooperation and commends the work ethic

of the Superior Court Support Staff. The Civil Grand Jury commends the clear, concise and

realistic Strategic Plan 2006 to 2010 which is based on achievable goals and values as stated in

the Mission and Vision for the Court.

RECOMME  DATIO  S

• Communication via e- mail between support staff and Civil Grand Jury members should be

encouraged.

• An informative orientation session should be given after The Charge and prior to the first

meeting of the Civil Grand Jury.

• All interested Grand Jurors should be able to attend training seminars offered by the

California Grand Jurors' Association if the budget allows.

• Provide the Civil Grand Jury with a permanent meeting room with adequate lighting, air

conditioning, and tables and chairs arranged so all members can see and hear each other.

• Continue to train and cross train personnel to assure continuity as vacancies occur.

RESPO  SE: Responses required to the recommendations:

1. Continue e- mail communication.

2. Conduct an informative orientation session.

3. Offer seminar training to all interested.

4. Provide a permanent meeting room.

5. Train and cross train personnel.

20

IMPERIAL COU  TY CIVIL GRA  D JURY 2006- 2007 FI  AL REPORT

SUBJECT OF I  VESTIGATIO 

Imperial County Agriculture Commissioner Building

REASO  FOR I  VESTIGATIO 

The Civil Grand Jury had received many questions regarding the new agriculture building

on Broadway having burned to the ground before it was occupied. This led the Grand

Jury to make an inquiry of the Imperial County Board of Supervisors.

BACKGROU  D

The letter was sent to the Board of Supervisors. The Board of Supervisors sent the letter

to the County Executive Officer and asked her to respond. The County Executive Officer

sent the letter to the County Counsel for a response.

FI  DI  GS

The Civil Grand Jury met with the following individuals. The County Executive Officer,

the County Counsel, the Human Resource/ Risk Management Director, the County

Facilities Director, and a member of County Counsel. The Grand Jury found no wrong

doing on the part of Imperial County.

The building was not signed off as completed so the contractor is responsible for the

replacement of the building. The contractor has removed the debris from the lot at his

expense. The contractor’s insurance company has refused to pay for rebuilding. There

never was a determination as to what caused the fire. The County has opted to pay its

$ 10,000.00 deductible and have its insurance company pay to rebuild the building. The

County’s insurance company will then proceed through the courts to be reimbursed by

the contractor’s insurance company. The state of California does not require a fire

suppression system in this size and type of building.

RECOMME  DATIO  S

The Grand Jury recommends that a fire suppression system should be installed in the

rebuilt building.

RESPO  SE: Response required to the recommendation:

1. Install a fire suppression system in the rebuilt building.

2 1

IMPERIAL COU  TY GRA  D JURY 2006- 2007 FI  AL REPORT

SUBJECT OF I  VESTIGATIO 

Bombay Beach Rescue Service requesting information.

REASO  FOR I  VESTIGATIO 

A former employee of the Bombay Beach Rescue Service believed that the Civil Grand

Jury had personal data and/ or information regarding names, addresses, and Social

Security Numbers of the employees.

BACKGROU  D

None

FI  DI  GS

The Civil Grand Jury searched through all available records in the Civil Grand Jury office

of the courthouse for evidence of personal data and information regarding the above

complaint. None were found. After exchanging this information with the former

employee by phone, they stated that they were satisfied and did not want to pursue the

matter any further.

RECOMME  DATIO  S

The grand jury has no recommendations.

RESPO  SE: No response required.

22

IMPERIAL COU  TY CIVIL GRA  D JURY 2006- 2007 FI  AL REPORT

SUBJECT OF I  VESTIGATIO 

Calipatria State Prison

REASO  FOR I  VESTIGATIO 

The Civil Grand Jury is mandated to inspect the prison yearly.

FI  DI  GS

The Calipatria State Prison is a Level IV maximum security facility that was built to

house two thousand two hundred eight inmates and currently has over four thousand two-hundred

inmates with approximately two hundred Level I inmates in a facility located

outside the secured area of the Level IV area.

The Civil Grand Jury met with the Administrative Assistant/ Public Information Officer

and the Warden. They told us the daily procedures of the inmates, staff and correctional

officers throughout the prison. The cell blocks, infirmary, yards, kitchen, visiting area

and vocational areas were toured. The different procedures used to compensate for the

larger inmate population with the limited number of correctional officers was explained

to the Civil Grand Jury. All of our questions were answered thoroughly.

The Warden would like to see a training facility nearer to the Imperial Valley to tap into

the local residents who wish to work as correctional officers in Imperial County. He

would also like to see the Imperial County Criminal Grand Jury make their decisions in a

timelier manner.

RECOMME  DATIO  S

The Civil Grand Jury was pleased with the visit and the amount of time that was spent

providing information to us about the prison system. The Civil Grand Jury has no

recommendations.

RESPO  SE: No response required.

23

IMPERIAL COU  TY CIVIL GRA  D JURY 2006- 2007 FI  AL REPORT

SUBJECT OF I  VESTIGATIO 

Calipatria State Prison

REASO  FOR I  VESTIGATIO 

An inmate at Calipatria State Prison submitted a complaint to the Civil Grand Jury.

SUMMARY

The inmate complaint concerned an altercation with prison correctional officers during

which he was injured. Specifically, the inmate complained about the use of force and his

difficulty filing a grievance about the incident to the appeals office at the prison. The

Civil Grand Jury investigated only the inmate’s complaint regarding the administrative

process for filing a grievance to determine if the appeal process was working properly

according to prison policy and procedures.

FI  DI  GS

The Civil Grand Jury members reviewed the inmate’s complaint and met with the prison

Warden. As a result of the meeting, the Warden and his administrative assistant further

investigated the matter and reported back to the Civil Grand Jury. It was determined that

the appeal from the inmate had been initially denied because it was not filed in a timely

manner. Nonetheless, because the incident involved an injury, the inmate’s written

appeal was subsequently reviewed by the Chief Deputy Warden and then submitted to a

fact- finding inquiry to ensure that no wrong- doing occurred. The fact- finding was

completed, but the inmate was not informed of the inquiry or the outcome. Prison

officials agreed that informing the inmate of this process and outcome may have avoided

confusion about the disposition of the appeal.

RECOMME  DATIO  S

The Civil Grand Jury recommends that prison administrators be more diligent about

informing inmates that their appeals have been submitted to fact- finding and the outcome

of this process.

RESPO  SE: No response required.

24

IMPERIAL COU  TY CIVIL GRA  D JURY 2006- 2007 FI  AL REPORT

SUBJECT OF I  VESTIGATIO 

Centinela State Prison

REASO  FOR I  VESTIGATIO 

The Civil Grand Jury is mandated to investigate Centinella State Prison yearly.

FI  DI  GS

The prison houses Level one and Level three inmates along with inmates in administrative

segregation.

The Civil Grand Jury was promptly taken to a conference room upon our arrival for discussion of

the prison and introduction to those who would escort us on our tour. The Warden and several

correctional officers showed us the facilities.

The facility was opened in October of 1993 and covers two- thousand acres. There are seven-hundred

ninety- four correctional officers and three- hundred ninety- eight support staff. The

inmate population is four thousand nine hundred nineteen. It was initially built to accommodate

approximately two- thousand five- hundred prisoners. The Warden explained the different

procedures used to compensate for the large inmate population. The gymnasium has been set up

as a dormitory with bunk beds for approximately one- hundred twenty of the inmates to help ease

the crowded condition.

We toured several cell blocks of both low and high level security, the central kitchen, the

receiving and release area and the medical treatment center. The kitchen was clean and the

medical treatment center was setup like an emergency room with modern equipment.

RECOMME  DATIO  S

The Civil Grand Jury was pleased with the reception and visit and especially appreciative of the

Warden conducting the tour, given his busy schedule. The Civil Grand Jury has no

recommendations.

RESPO  SE: No response required.

25

IMPERIAL COU  TY GRA  D JURY 2006- 2007 FI  AL REPORT

SUBJECT OF I  VESTIGATIO 

Imperial County Jail

REASO  FOR I  VESTIGATIO 

The Imperial County Civil Grand Jury is required to inspect the County Jail yearly.

FI  DI  GS

The Grand Jury members were escorted by a Captain, two Correctional Lieutenants and a

Lieutenant throughout the Jail facility. We met the new Sheriff, who told us that he

recently attended Jail Administration School in order to better perform his duties.

The County Jail has both high security and low security blocks; each with a capacity to

hold approximately four- hundred inmates. The old part of the Jail is used for high

security. At the time of our inspection, it held three- hundred seventy- two inmates. The

population in high security varies day to day depending on transfers, litigation and/ or

sentences being fulfilled. The Jail separates females from males into separate cell blocks.

They also separate problematic inmates, who are not able to function socially, and pose a

threat to themselves and others.

The low security block, in a newer area of the facility, is an open space with bunk beds.

It held, at the time of our inspection, close to four- hundred inmates. The kitchen and

laundry departments are staffed by low security inmates who get paid $ 1.00 a day.

Included in this population are Federal Inmates boarded in the County Jail. This

profitable arrangement with the Federal Government fluctuates based on the population

needed by the County Jail for its own inmates.

RECOMME  DATIO  S

The Civil Grand Jury has no recommendations.

RESPO  SE: No response required.

26

IMPERIAL COU  TY CIVIL GRA  D JURY 2006- 2007 FI  AL REPORT

SUBJECT OF I  VESTIGATIO 

Imperial County Recorder- Clerk’s Office

REASO  FOR I  VESTIGATIO 

It was brought to the attention of the Civil Grand Jury that the County Recorder- Clerk's

Office was as much as two years behind processing deeds relating to change of

ownership of real property.

BACKGROU  D

Members of the Civil Grand Jury confirmed the above allegation by interviewing

personnel at a bank, a mortgage company and two title companies. The County Assessor

was also interviewed concerning this matter. One of the title companies told us they had

brought this issue to the attention of the Board of Supervisors over a year ago. There are

eleven full time employees in the Recorder's Office. The Grand Jury interviewed the

Recorder, the Assistant Recorder, the employee who examines and records the

documents, the microfilm technician and the indexer.

FI  DI  GS

The County Recorder confirmed the problem and stated:

• the office was working to eliminate the backlog

• the office had been deluged with a larger work load due to the increase in real

estate activity in Imperial County

• the office had been responsible for setting up the new electronic voting machines

and training personnel in their use

• the office had lost three key personnel. These positions were filled by employees

who did not have the background or training of their predecessors. The Recorder

was given permission to hire an additional three limited term employees. One had

been hired at the time of this investigation.

• the microfilm machine was not working. An outside firm was microfilming the

paperwork which involved a three week turn around time.

The County Recorder's Office does not release the original document until it is reviewed

for accuracy. This results in a long delay. The Civil Grand Jury investigation revealed

that documents are routinely returned within ten days in other counties. The delay in

promptly returning Imperial County documents has resulted in many problems for the

County. A property buyer needs an original copy of the trust deed in order to make the

transfer of the property legal. Often mortgage companies sell their mortgages at a

discount, giving them more immediate capital with which to make additional loans. The

purchaser of the mortgage needs the original trust deed to consummate the purchase. The

County Assessor's Office was not promptly receiving the paper work that would allow

them to re- evaluate the property for the tax rolls. In some cases it was taking up to two

years for the assessor to receive the information concerning change of ownership.

27

Recently the Recorder's Office sent some backlogged documentation to the Assessor's

office. This triggered the Tax Collector to send supplemental billings to those property

owners, who at the time they cleared escrow, owed no additional tax. Most refused to

pay the supplemental bill. The Tax Collector turned the unpaid tax bills over to a

collection agency. The County Assessor's Office asserts the county is losing large sums

of money annually due to delays in recording and transfers of information to the

Assessor. This figure could be as high as $ 1,800,000.00. Very recently the Recorder's

Office provided the Assessor's Office with computer access to the records it needs. The

Recorder's Office is currently processing the paperwork on a daily basis as it comes in. It

is recorded, indexed, reviewed and scanned. However, the microfilming is still behind;

with a large backlog of old documents that have yet to be microfilmed. The originals are

still with these documents. An Electronic Recording System has been purchased by the

County. The title companies have purchased their corresponding equipment for this

system. This is supposed to expedite the paperwork and eliminate future backlogs in the

system. The Recorder told the Civil Grand Jury it would be a couple of years before it is

up and running.

RECOMME  DATIO  S

• Microfilming is becoming obsolete. Presently all the information is stored on the

County Mainframe and on a server that is located in the Recorder's Office. A CD

should be burned daily with all the information processed that day and it should

be stored in a fireproof vault or at a location off site.

• Backlogged records need to be brought up to date as soon as possible by whatever

means necessary.

• Original documents that are with the backlogged items should be given to the

proper individuals immediately with the Recorder maintaining copies with which

to work.

• Original documents that are part of current paperwork should be given to the

proper individuals immediately with the Recorder maintaining copies with which

to work. This should facilitate a three to five day turn around once the Office is

caught up.

• The Grand Jury recommends that an immediate goal for the Recorder's Office

should be consideration of utilizing the vendor or hiring a competent user of the

Electronic Recording System to install and train County personnel in its use.

• The Grand Jury urges the Board of Supervisors to study the current configuration

of its departments which pairs the duties of the Recorder with the duties of the

Clerk, rather, consider combining the Recorder and Assessor.

RESPO  SE: Responses required to the recommendations.

1. Regarding information storage.

2. Bring records up to date.

3. Use copies as work documents.

4. Use the Electronic Recording System.

5. Reconsider department configuration.

28

IMPERIAL COU  TY CIVIL GRA  D JURY 2006- 2007 FI  AL REPORT

SUBJECT OF I  VESTIGATIO 

Imperial County Local Agency Formation Commission ( LAFCO)

REASO  FOR I  VESTIGATIO 

Because LAFCO is financed with public funds but does not have an oversight committee,

the Civil Grand Jury elected to review this organization during 2006- 2007.

SUMMARY A  D FI  DI  GS

LAFCO was created by the California State Legislature in 1963 to discourage urban

sprawl and encourage the orderly formation and development of local government

agencies. There is a LAFCO in each county in California. LAFCO’s have three major

areas of responsibility: ( 1) planning local government boundaries ( sometimes called

spheres of influence or service areas), ( 2) approving or disapproving proposals for

changes in local government boundaries or organization ( such as annexations of land to

cities or special districts, the incorporation of new cities, and consolidation of special

districts), and ( 3) conducting special studies of local government ( for example to update

an adopted sphere of influence to improve services or reduce service costs). Imperial

County’s LAFCO is governed by a five- member Commission consisting of two city

council members, two members of the Imperial County Board of Supervisors, and one

citizen member at large. Commission members do not receive pay for their work. Half of

LAFCO’s funding comes from Imperial County; the other half is contributed by each

incorporated city within the county. LAFCO also collects fees to be used for the services

that it performs. LAFCO has been leasing a building for its operations. Recently, it

purchased an existing building.

LAFCO is staffed by a Chief Executive Officer ( CEO), a clerk, four part time employees,

and an accountant. The CEO is paid by LAFCO. LAFCO employees also work for the

county and receive their benefits and pay from the county. These employees keep track

of their LAFCO hours and LAFCO reimburses the county for their pay. At least one

county employee works full time for the county and also part- time for LAFCO.

Civil Grand Jury members reviewed LAFCO’s operations and made the following

observations:

• LAFCO had not been audited for the last six years. This was brought to

the Commission’s attention and, as a result, an independent certified

public accounting firm audited LAFCO for 2004, 2005 and 2006.

• In reviewing the recent audit reports for LAFCO, Civil Grand Jury

members noted discrepancies which were brought to the attention of

the firm who conducted the audit. The firm issued a memo correcting the

statements.

29

• Some members expressed concern about possible conflict of interests and

the efficiency of county employees working a full- time regular position

with the county and also a part- time position with LAFCO.

RECOMME  DATIO  S

The Civil Grand Jury recommends that a complete and thorough audit of LAFCO be

performed by a certified public accounting firm every year.

RESPO  SE: Response required to the recommendation:

1. Conduct a thorough and complete annual audit.

30

IMPERIAL COU  TY CIVIL GRA  D JURY 2006- 2007 FI  AL REPORT

SUBJECT OF I  VESTIGATIO 

Salton Sea Community Services District

REASO  FOR I  VESTIGATIO 

Complaint received from Salton Sea Community Services District

BACKGROU  D

The basis of the complaint is to determine if the use of a new piece of equipment ( a sewer

jet) in the same municipality constitutes a co- mingling of funds.

FI  DI  GS

Two board members and the general manager of the public works department were

interviewed. The Civil Grand Jury determined that the allegations of co- mingling funds

were not supported. The general manager was of great assistance in showing us the use

and purpose of the sewer jet.

RECOMME  DATIO  S

The interviewees were extremely cooperative throughout the investigation. The Civil

Grand Jury has no recommendations.

RESPO  SE: No response required.

31

IMPERIAL COU  TY CIVIL GRA  D JURY 2006- 2007 FI  AL REPORT

REQUEST FOR RESPO  SES

The Civil Grand Jury requests Responses to its Findings and Recommendations as follows:

Imperial County Board of Supervisors regarding the Agriculture Commissioner's Building

Recommendation 1

City of Brawley Police Department:

Recommendations 1, and 2

Imperial County Recorder/ Clerk:

Recommendations 1, 2, 3, and 4

Imperial County Board of Supervisors regarding the Imperial County Recorder/ Clerk report

Recommendation 5

City of Holtville regarding the water loss report

Recommendations 1, and 2

Imperial County Probation Department regarding the Juvenile Hall report

Recommendations 1 and 2

Imperial County Local Agency Formation Commission ( LAFCO)

Recommendation 1

City of El Centro regarding the Parks and Recreation report

Recommendations 1, and 2

Imperial County Probation Department

Recommendations 1, 2, and 3

Imperial County Superior Court Administrator regarding the support staff report

Recommendations 1, 2, 3, 4, and 5

Imperial County Board of Supervisors regarding the Imperial Valley Transit report

Recommendation 1

32

IMPERIAL COU  TY CIVIL GRA  D JURY 2006- 2007 FI  AL REPORT

 OTE TO RESPO  DE  TS

The legal requirements affecting respondents and responses to Grand Jury findings and

recommendations are contained in the California Penal Code, Section 933.05.

For the assistance of all Respondents, Section 933.05 of the California Penal Code is

summarized as follows. Any Respondent in doubt concerning these legal requirements should

consult legal counsel prior to responding.

The responding person or entity must respond in one of two ways:

1. That you agree with the finding

2. That you disagree in whole or in part with the finding, in which case the response

shall specify the portion of the finding that is disputed and shall include an

explanation of the reasons for the disagreement.

Recommendations of the Grand Jury require action. The responding person or entity must report

action on all recommendations in one of four ways:

1. The recommendation has not yet been implemented, with a summary of the

implemented action.

2. The recommendation has not yet been implemented, but will be implemented in the

future, with a time frame for implementation.

3. The recommendation requires further analysis. If a person or entity reports in this

manner, the law requires a detailed explanation of the analysis or study

must be submitted to the officer, director or governing body of the agency being

investigated.

4. The recommendation will not be implemented because it is not warranted or is not

reasonable, with an explanation therefore.

If either a finding or recommendation deals with budgetary or personnel matter of a County

department headed by an elected officer, both the elected officer and the Board of Supervisors

shall respond if the Grand Jury so requests. While the Board of Supervisors' response is

somewhat limited, the response by the department head must address all aspects of the findings

and recommendations.

Prior to the release or publication of the Grand Jury findings, the Grand Jury may request a

personal appearance by the person or entity to discuss the proposed findings. Two working days

prior to release or publication of the Grand Jury Final Report, the Grand Jury will provide a copy

of the portion of the report to all affected agencies or persons. No officer, agency, department,

or governing body of a public agency shall disclose the contents of the report prior to its release.

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Section 933.05 of the California Penal Code, depending on the type of Respondent, provides for

two different response times and to whom you must respond.

1. Public Agency: The governing body of any public agency must respond within

ninety ( 90) days. The response must be addressed to the Presiding Judge of the

Superior Court.

2. Elective Office or Agency Head: All elected officers or heads of agencies who are

required to respond must do so within sixty ( 60) days, to the Presiding Judge of the

Superior Court, with an information copy provided to the Board of Supervisors.

The Presiding Judge of the Imperial County Superior Court system is:

The Honorable Jeffrey Jones

Presiding Judge of the Superior Court

County of Imperial

939 West Main Street

El Centro, CA 92243

Also, please send responses in the form of an original hard copy as well as digital copy on

compact disk to the Imperial County Civil Grand Jury, addressed as follows:

Imperial County Civil Grand Jury

P. O. Box 2011

El Centro, CA 92244

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