BUTTE COUNTY GRAND JURY MEMBERS
Ivor Thomas Foreman Paradise
Michael Coates Foreperson Pro Tempore Paradise
Donna Mathis Secretary Forest Ranch
Lyle Akin Sergeant- At- Arms Gridley
Weldon Bauman Paradise
Albert Beck Chico
Gaye Buckholdt Chico
Richard Spellmann Chico
Sharon Lancaster Paradise
Barbara Meade Chico
Klaren Odor Chico
Beverlee A. Perry Paradise
Troy Prater Chico
Cynthia Pruitt Paradise
Maureen Vogel Chico
Loretta Steinke Chico
Jeannie Stone Durham
Margaret Swick Chico
Kenneth Waibel Oroville
FINAL RESOLUTION
WHEREAS, THE 2005/ 06 BUTTE COUNTY GRAND JURY HAS CONDUCTED THE BUSINESS OF ITS
TERM AND HAS REACHED CERTAIN CONCLUSIONS, AND
WHEREAS, THE 2005/ 06 BUTTE COUNTY GRAND JURY DESIRES TO DISCLOSE THE SUBSTANCE
OF THOSE CONCLUSIONS FOR THE BENEFIT OF LOCAL GOVERNMENT, ITS AGENCIES AND THE
CITIZENS OF BUTTE COUNTY;
BE IT RESOLVED THAT THE ATTACHED PAPERS, COMMENDATIONS, FINDINGS AND
RECOMMENDATIONS ARE ADOPTED AS THE GRAND JURY FINAL REPORT AND SUBMITTED TO THE
PRESIDING JUDGE OF THE SUPERIOR COURT OF CALIFORNIA, COUNTY OF BUTTE, TO BE
ENTERED AS A PUBLIC DOCUMENT PURSUANT TO CALIFORNIA LAW.
THE ABOVE RESOLUTION PASSED AND ADOPTED BY THE 2005/ 06 BUTTE COUNTY GRAND
JURY AT THE BUTTE COUNTY SUPERIOR COURT IN OROVILLE ON THE 22ST DAY OF JUNE 2006.
GRAND JURY STATEMENT
THE 2005- 2006 BUTTE COUNTY GRAND JURY, IMPANELED ON JULY 8, 2005 PLEDGED ITSELF
TO CONDUCT ITS BUSINESS IN AN ETHICAL MANNER, TO BE RESPONSIVE TO CITIZEN
COMPLAINTS, TO VISIT AND REVIEW OFFICES AND AGENCIES, AS MANDATED, TO UNDERTAKE TO
VISIT AND REVIEW VARIOUS OTHER AGENCIES, TO ACCOMPLISH THE GOALS IT SET FOR ITSELF
AND, AT THE END OF ITS TERM, TO RENDER A COMPREHENSIVE FINAL REPORT TO THE CITIZENS
AND AGENCIES OF BUTTE COUNTY.
FURTHER, THE 2005- 2006 BUTTE COUNTY GRAND JURY PLEDGED ITSELF TO UPHOLD THE
FOLLOWING VALUES THROUGHOUT ITS TERM:
TO RECOGNIZE ITS PURPOSE AND DUTIES IN ACCORDANCE WITH THE LAWS OF THE STATE OF
CALIFORNIA;
TO MAINTAIN THE CONFIDENTIALITY AND INTEGRITY OF ALL GRAND JURY PROCEEDINGS;
TO RECOGNIZE THE IMPORTANCE OF APPLYING TO ALL INDIVIDUALS THE SAME OBJECTIVE
STANDARDS OF CONDUCT AND RESPONSIBILITY;
TO RESPECT EVERY INDIVIDUAL'S RIGHT TO PRIVACY;
TO RECOGNIZE THAT THE GRAND JURY FUNCTIONS LAWFULLY AS A LEGAL ENTITY AND THAT NO
SINGLE GRAND JUROR, WHEN ACTING ALONE, HAS ANY POWER OR AUTHORITY TO REPRESENT
THE GRAND JURY;
TO REMAIN VIGILANT TO DETECT AND AVOID ANY PERSONAL CONFLICTS OF INTEREST THAT MAY
ARISE DURING THE COURSE OF PERFORMING THE BUSINESS OF THE GRAND JURY;
TO RECOGNIZE THE IMPORTANCE OF RELYING ON THE OPINIONS AND EXPERTISE OF OTHERS
MORE SKILLED IN PARTICULAR MATTERS REGARDING THE BUSINESS OF PUBLIC OFFICE AND
GOVERNMENT;
TO RESPECT THE DISCRETIONARY POLICY- MAKING OR OPERATIONAL POWERS OF PUBLIC
OFFICIALS; AND
TO RECOGNIZE THE IMPORTANCE OF MAINTAINING ACCURACY AND INTEGRITY IN OUR ACTIVITIES,
AND TO KEEP OUR REPORTS CONFINED TO MATTERS WITHIN THE SCOPE AND POWER OF OUR
AUTHORITY.
ACKNOWLEDGMENTS
THE 2005/ 06 BUTTE COUNTY GRAND JURY SINCERELY APPRECIATES, ACKNOWLEDGES AND
THANKS THE FOLLOWING PEOPLE AND ORGANIZATIONS FOR THEIR SUPPORT, GUIDANCE, AND
PROFESSIONAL ASSISTANCE AND ORIENTATION, AND FOR HELPING TO MAKE THIS FINAL REPORT
POSSIBLE:
THE HONORABLE BARBARA ROBERTS, JUDGE OF THE SUPERIOR COURT OF CALIFORNIA,
BUTTE COUNTY, WHO INITIALLY IMPANELED AND PRESIDED OVER THIS GRAND JURY;
THE HONORABLE STEVEN HOWELL, JUDGE OF THE SUPERIOR COURT OF CALIFORNIA, BUTTE
COUNTY, WHO PRESIDED OVER THE CONCLUSION OF THIS GRAND JURY;
COUNTY COUNSEL BRUCE ALPERT, ASSISTANT COUNTY COUNSEL DAVID MCCLAIN AND CHIEF
DEPUTY ELIZABETH MCGIE;
DISTRICT ATTORNEY MICHAEL RAMSEY AND HIS CHIEF INVESTIGATOR TONY ’ 44’ KOESTER;
THE STAFF OF THE SUPERIOR COURT OF CALIFORNIA, COUNTY OF BUTTE, INCLUDING SHAROL
STRICKLAND, COURT EXECUTIVE OFFICER, ANDREA NELSON, DEPUTY COURT EXECUTIVE
OFFICER, AND SANDY JONES, DEPUTY COURT EXECUTIVE OFFICER
BUTTE COUNTY SUPERIOR COURT BAILIFFS;
BUTTE COUNTY BOARD OF SUPERVISORS: CURT JOSIASSEN, JANE DOLAN, MARY ANNE HOUX,
WILLIAM CONNELLY, AND KIM YAMAGUCHI;
THE BUTTE COUNTY DEPARTMENT HEADS, THE COUNTY AND DISTRICT SUPERINTENDENTS OF
SCHOOLS, AND THEIR STAFFS;
OFFICERS WHO GUIDED MEMBERS OF THE GRAND JURY THROUGH THE BUTTE COUNTY JAIL
AND THE JUVENILE HALL;
THE OFFICERS AND STAFF OF THE CHICO POLICE DEPARTMENT;
ALL THOSE WHO AGREED TO BE INTERVIEWED DURING INVESTIGATIONS AND VISITS;
CALIFORNIA GRAND JURY ASSOCIATION FOR THE TRAINING SEMINARS; AND
OUR ENDLESSLY PATIENT AND UNDERSTANDING FAMILIES AND EMPLOYERS WHO SUPPORTED US
WHILE WE PERFORMED THIS CHALLENGING PUBLIC SERVICE.
A BRIEF HISTORY AND OVERVIEW OF THE GRAND JURY
WHAT IS A GRAND JURY?
THE NAME OF " GRAND JURY" DERIVES FROM THE FACT THAT THE BODY USUALLY HAS A GREATER
NUMBER OF JURORS THAN A TRIAL ( PETIT) JURY. THE CONCEPT OF THE GRAND JURY TRACES
ITS ROOTS TO CLASSICAL GREECE. ANCIENT ATHENIANS EMPLOYED AN " ACCUSATORY BODY"
MUCH AS THE SAXONS OF EARLY BRITON DID. IN FACT, FROM 978 UNTIL 1016 ONE OF THE
SAXON DOOMS ( LAWS) REQUIRED AN ACCUSATORY BODY OF 12 FOR EVERY 100 MEN. THE
ACCUSING BODY WAS EXHORTED " NOT TO ACCUSE AN INNOCENT MAN OR SPARE A GUILTY ONE."
THE MODERN EUROPEAN JURY SYSTEM BEGAN TO EVOLVE DURING THE ELEVENTH AND
TWELFTH CENTURIES. AS EARLY AS 1066, DURING THE NORMAN CONQUEST OF ENGLAND,
COURTS SUMMONED BODIES OF SWORN CITIZENS TO INVESTIGATE CRIMES THAT HAD COME TO
THEIR ATTENTION. INITIALLY, THESE EARLY JURIES BOTH ACCUSED AND TRIED SUSPECTS, AND
SINCE THE MEMBERS OF THE ACCUSING BODIES WERE SELECTED FROM SMALL JURISDICTIONS,
THEY NATURALLY PRESENTED ACCUSATIONS BASED ON THEIR PERSONAL KNOWLEDGE.
DURING THE REIGN OF HENRY II ( 1154- 1189), JURIES WERE DIVIDED INTO TWO TYPES - CIVIL
AND CRIMINAL - WITH THE DEVELOPMENT OF EACH INFLUENCING THE OTHER. THE OATH TAKEN
BY THESE JURORS PROVIDED THAT THEY WOULD FAITHFULLY CARRY OUT THEIR DUTIES, THAT
THEY WOULD AGGRIEVE NO ONE THROUGH ENMITY NOR GIVE DEFERENCE TO ANYONE THROUGH
LOVE, AND THAT THEY WOULD CONCEAL THOSE THINGS THAT THEY HAD HEARD. BY THE YEAR
1290, CIVIL JURIES WERE GIVEN AUTHORITY TO INQUIRE ABOUT THE CONDITIONS OF BRIDGES
AND HIGHWAYS AND REVIEW THE PRACTICES AND CONDITIONS IN THE JAILS.
THE MASSACHUSETTS BAY COLONY IMPANELED THE FIRST AMERICAN GRAND JURY IN 1635 TO
CONSIDER CASES OF MURDER, ROBBERY AND WIFE BEATING. BY THE END OF THE COLONIAL
PERIOD THE INSTITUTION OF THE GRAND JURY WAS FIRMLY FIXED IN AMERICA'S NEW AND EVER-EVOLVING
SYSTEM OF GOVERNMENT. ALTHOUGH THE CONSTITUTION DOES NOT SPECIFICALLY
MENTION GRAND JURIES, THE FIFTH AMENDMENT PROVIDES THE GUARANTEE THAT " NO PERSON
SHALL BE HELD TO ANSWER TO A CAPITAL, OR OTHERWISE INFAMOUS CRIME, UNLESS ON THE
PRESENTMENT OF INDICTMENT OF A GRAND JURY….” GRAND JURIES WERE USED IN OUR
EARLY HISTORY TO PROTEST GOVERNMENTAL ABUSES, TO PROPOSE NEW LAWS AND VERY
OFTEN TO DETERMINE WHO SHOULD FACE TRIAL. TODAY, FORTY- TWO STATES HAVE SOME
FORM OF GRAND JURY, AND CALIFORNIA IS ONE OF THE STATES THAT STILL ALLOW
PROSECUTION TO BE INITIATED BY EITHER CRIMINAL GRAND JURY INDICTMENT OR BY JUDICIAL
PRELIMINARY HEARING.
GRAND JURY SYSTEM TODAY
THE CALIFORNIA STATE CONSTITUTION CALLS SPECIFICALLY FOR THE USE OF GRAND JURIES IN
THE GOVERNANCE OF THE STATE, AND IN 1849 THE CALIFORNIA LEGISLATURE AUTHORIZED
GRAND JURIES IN EACH COUNTY. THE LEGISLATURE PASSED LAWS IN 1880 THAT REQUIRED
GRAND JURIES TO REVIEW AND INVESTIGATE THE ACTIVITIES OF COUNTY GOVERNMENT, AND IN
1983 THE STATE ADDED MUNICIPALITIES AND DISTRICTS TO THE PURVIEW OF GRAND JURIES.
CERTAIN LARGER JURISDICTIONS - SUCH AS THE CITIES AND COUNTIES OF SAN FRANCISCO AND
LOS ANGELES - IMPANEL SEPARATE CRIMINAL ( INDICTMENT) AND CIVIL ( WATCHDOG) GRAND
JURIES EACH YEAR. SOME COUNTIES IMPANEL A SEPARATE CRIMINAL GRAND JURY ONLY WHEN
NEEDED. THE BUTTE COUNTY GRAND JURY SERVES IN BOTH CAPACITIES. AS CONSTITUTED
TODAY, THE GRAND JURY IS A PART OF THE JUDICIAL BRANCH OF GOVERNMENT AND IS AN ARM
OF THE COURT. THE GRAND JURY DOES NOT HAVE THE FUNCTIONS OF EITHER THE LEGISLATIVE
OR ADMINISTRATIVE BRANCHES AND IT IS NOT A POLICE AGENCY OR POLITICAL GROUP. IT IS AN
INVESTIGATIVE BODY HAVING AS ITS OBJECTIVE THE DETECTION AND CORRECTION OF FLAWS IN
GOVERNMENT.
THE PRIMARY CIVIL FUNCTION OF THE GRAND JURY, AND THE MOST IMPORTANT REASON FOR
ITS EXISTENCE, IS THE EXAMINATION OF ALL ASPECTS OF COUNTY AND CITY GOVERNMENT,
INCLUDING SPECIAL DISTRICTS AND JOINT POWERS AGENCIES, SEEING THAT THE PUBLIC'S
MONIES ARE HANDLED JUDICIOUSLY AND THAT ALL ACCOUNTS ARE PROPERLY AUDITED - IN
GENERAL, ASSURING HONEST, EFFICIENT GOVERNMENT IN THE BEST INTEREST OF THE PEOPLE.
THE GRAND JURY HAS THREE WAYS TO EXERCISE ITS POWERS:
􀂃 BY REPORTS AND RECOMMENDATIONS REGARDING COUNTY GOVERNMENT, CITIES,
SPECIAL
􀂃 DISTRICTS AND JOINT POWERS AGENCIES.
􀂃 BY INDICTMENT, BRINGING CHARGES AGAINST AN INDIVIDUAL FOR CRIMINAL OFFENSE.
􀂃 BY CIVIL ACCUSATION OF AN OFFICIAL OR EMPLOYEE WHERE THE RESULT, ON
CONVICTION, WOULD BE REMOVAL FROM OFFICE.
A LARGE PORTION OF THE PUBLIC WRONGLY BELIEVES THAT AN INDIVIDUAL, PARTICULARLY A
PUBLIC OFFICIAL, APPEARING BEFORE THE GRAND JURY SUGGESTS GUILT OF MALFEASANCE,
MISFEASANCE, OR NONFEASANCE. IT IS THE CONSTITUTIONAL RESPONSIBILITY OF THE GRAND
JURY TO REVIEW THE CONDUCT OF GOVERNMENT EACH YEAR. THIS ENTAILS HAVING PUBLIC
OFFICIALS APPEAR BEFORE THE JURY FOR THE PURPOSE OF PROVIDING INFORMATION RELATIVE
TO THEIR DEPARTMENTS OR OFFICES. WHILE IT IS A PART OF THE JUDICIAL SYSTEM, A GRAND
JURY IS AN ENTIRELY INDEPENDENT BODY. THE PRESIDING JUDGE OF THE SUPERIOR COURT,
THE DISTRICT ATTORNEY, THE COUNTY COUNSEL, AND THE STATE ATTORNEY GENERAL ACT
AS ITS ADVISORS, BUT CANNOT PREVENT THE ACTIONS OF THE JURY EXCEPT ON ISSUES OF
LEGALITY. THE GRAND JURY IS NOT ACCOUNTABLE TO ELECTED OFFICIALS OR GOVERNMENTAL
EMPLOYEES.
DUE TO THE CONFIDENTIAL NATURE OF A GRAND JURY'S WORK, MOST, IF NOT ALL, MUST BE
CONDUCTED IN CLOSED SESSION. MEMBERS OF A GRAND JURY ARE SWORN TO SECRECY, THUS
ASSURING ALL THAT APPEAR BEFORE IT THAT THEIR TESTIMONY WILL BE HANDLED IN STRICT
CONFIDENCE. NO ONE MAY BE PRESENT DURING THE SESSIONS OF A GRAND JURY EXCEPT
THOSE SPECIFIED BY LAW, AND THE MINUTES OF ITS MEETINGS MAY NOT BE INSPECTED BY
ANYONE, NOR CAN ITS RECORDS BE SUBPOENAED.
THE GRAND JURY SERVES AS AN OMBUDSMAN FOR CITIZENS OF THE COUNTY. THE GRAND
JURY MAY RECEIVE AND INVESTIGATE COMPLAINTS BY INDIVIDUALS REGARDING THE ACTIONS
AND PERFORMANCES OF COUNTY OR OTHER PUBLIC OFFICIALS. ADDITIONALLY, THE
CALIFORNIA PENAL CODE SPECIFIES THAT THE GRAND JURY SHALL INQUIRE INTO THE
CONDITIONS AND MANAGEMENT OF THE PUBLIC PRISONS, JAILS, AND JUVENILE DETENTION
FACILITIES WITHIN THE COUNTY.
THE MEMBERS OF THE GRAND JURY ARE COLLECTIVELY GRANTED SPECIAL POWERS AND
PRIVILEGES TO AID THEM IN CARRYING OUT THEIR DUTIES. THE GRAND JURY IN ITS OFFICIAL
CAPACITY IS PERMITTED, WITH LIMITED EXCEPTIONS, ACCESS TO AND THE RIGHT TO INSPECT
GOVERNMENT FACILITIES, AND TO REVIEW OFFICIAL BOOKS AND RECORDS TO WHICH OTHER
CITIZENS ARE DENIED ACCESS. THE GRAND JURY MAY ISSUE SUBPOENAS AS NECESSARY. THE
GRAND JURY FINDINGS AND RECOMMENDATIONS ARE TO BE UNBIASED AND IMPARTIAL.
HOW IS THE JURY SELECTED?
EACH FISCAL YEAR THE BUTTE COUNTY SUPERIOR COURT SUMMONS A LARGE NUMBER OF
QUALIFIED CITIZENS WHO HAVE RESIDED IN THE COUNTY FOR OVER A YEAR AND ARE AT LEAST
18 YEARS OF AGE. THE COURT MAKES IT CLEAR THAT SERVICE ON THE GRAND JURY IS
VOLUNTARY. POTENTIAL JURORS SHOULD BE REASONABLY INTELLIGENT, OF GOOD CHARACTER,
AND MUST POSSESS A WORKING COMMAND OF THE ENGLISH LANGUAGE. FROM THE POOL OF
WILLING CANDIDATES, THE COURT MAKES A GOOD FAITH EFFORT TO SELECT QUALIFIED MEN
AND WOMEN WHO ARE DIVERSE IN AGE AND SOCIOECONOMIC, ETHNIC AND EDUCATIONAL
BACKGROUNDS, AND WHO REPRESENT THE VARIED GEOGRAPHIC AREAS OF THE COUNTY.
SUPERIOR COURT JUDGES AND STAFF INTERVIEW THE BODY OF QUALIFIED AND WILLING
CANDIDATES AND CHOOSE 30 POTENTIAL JURORS. NINETEEN MEMBERS MAKE UP A FULL JURY.
AT THE DISCRETION OF THE PRESIDING JUDGE, AS MANY AS 10 MEMBERS FROM THE PREVIOUS
YEAR'S JURY MAY " HOLDOVER" OR SERVE A SECOND TERM. IN ORDER TO CONSTITUTE THE FULL
PANEL OF 19, NAMES ARE DRAWN AT RANDOM, AND NEW JURORS ARE ADDED TO THE EXISTING
HOLDOVERS. JURORS SERVE FOR A TERM OF TWELVE MONTHS BEGINNING IN JULY. OVER THE
COURSE OF THE YEAR AND AS NECESSARY, ALTERNATES ARE CALLED IN SEQUENTIAL ORDER
FROM THE POOL OF REMAINING POTENTIAL JURORS.
HOW DOES IT WORK?
THE PRESIDING JUDGE APPOINTS A FOREPERSON TO PRESIDE AT MEETINGS. THE GRAND JURY
ORGANIZES ITSELF INTO OFFICERS AND COMMITTEES AND DETERMINES WHICH OF THE VARIOUS
DEPARTMENTS AND FUNCTIONS OF COUNTY, CITY AND JOINT POWERS GOVERNMENT IT WILL
REVIEW. IT ALSO REVIEWS COMPLIANCE WITH THE RECOMMENDATIONS OF PREVIOUS BUTTE
COUNTY GRAND JURIES.
INQUIRIES ON THE PART OF THE JURY, LETTERS AND COMPLAINTS FROM CITIZENS, AND
DICTATES OF THE STATE PENAL CODE COLLECTIVELY DETERMINE THE JURY'S WORK. THE
GRAND JURY AIMS TO IDENTIFY POLICIES IN GOVERNMENT THAT MAY NEED IMPROVEMENT. ALL
ACTIONS OF THE JURY - INCLUDING ANY COMMUNICATION FROM THE PUBLIC AND ALL
DELIBERATIONS AND VOTES ARE COMPLETELY CONFIDENTIAL. THE JURY DOES PUBLISH A
REPORT OF ITS SIGNIFICANT FINDINGS AND RECOMMENDATIONS.
THE JURY'S FINAL REPORT, HOWEVER, TYPICALLY REFLECTS ONLY A SMALL PART OF THE JURY'S
ACTUAL ENDEAVORS OVER THE COURSE OF ITS TERM. STATE LAW REQUIRES SPECIFIC AND
DETAILED RESPONSES FROM DEPARTMENTS UPON WHICH THE JURY RENDERS FINDINGS AND
RECOMMENDATIONS IN ITS REPORTS. ELECTED OFFICIALS HAVE 60 DAYS TO RESPOND; PUBLIC
AGENCIES HAVE 90 DAYS. THE WORK OF A GRAND JURY IS DEMANDING. MOST MEMBERS CAN
EXPECT TO INVEST APPROXIMATELY 500 HOURS OF TIME OVER THE COURSE OF THEIR TERM,
BUT THE WORK CAN BE BOTH GRATIFYING AND PERSONALLY REWARDING. SERVICE ON A JURY
LEADS ONE TO A MUCH IMPROVED UNDERSTANDING OF THE ORGANIZATION AND BUSINESS OF
LOCAL GOVERNMENT, AND TO THE PERSONAL SATISFACTION OF HAVING CONTRIBUTED TO ITS
IMPROVEMENT. THE GRAND JURY EXPERIENCE PROVIDES A UNIQUE AND VALUABLE
OPPORTUNITY FOR COMMUNITY SERVICE.
TABLE OF CONTENTS
BUTTE COUNTY WIDE REPORTS
ANIMAL CONTROL IN BUTTE COUNTY A- 2
BUTTE COUNTY FAIR A- 15
OLD HUMBOLDT ROAD WAGON TRAIL A- 18
BUTTE COUNTY SCHOOLS
GRIDLEY UNIFIED SCHOOL DISTRICT
SALARIES AND PENSIONS B- 2
CHICO UNIFIED SCHOOL DISTRICT
HEALTH CARE IN ELEMENTARY SCHOOLS B- 7
DISPOSITION OF SURPLUS EQUIPMENT B- 15
ASSOCIATED STUDENT BODY FUNDS B- 19
LAW ENFORCEMENT IN BUTTE COUNTY
LAW ENFORCEMENT IN BUTTE COUNTY C- 2
TASERS AND TASER USE IN BUTTE COUNTY C- 8
CHICO POLICE DEPARTMENT C- 11
BUTTE COUNTY EMERGENCY OPERATIONS EXERCISE C- 19
OFFICER INVOLVED SHOOTINGS/ CRITICAL INCIDENTS PROTOCOL C- 22
CITIES, TOWNS, AND SPECIAL DISTRICTS
TOWN OF PARADISE
TOWN OF PARADISE D- 2
TOWN OF PARADISE DEVELOPMENT FEES D- 11
CITY OF OROVILLE
PERSONNEL ISSUES / HIRING PRACTICES D- 13
OROVILLE FIRE DEPARTMENT D- 22
PUBLIC WORKS, PARKS AND TREES DEPARTMENT D- 33
BOLT’S ANTIQUE TOOL MUSEUM D- 36
EL MEDIO FIRE DEPARTMENT
EL MEDIO FIRE PROTECTION DISTRICT D- 38
FEATHER RIVER RECREATION AND PARKS DISTRICT
FEATHER RIVER RECREATION AND PARKS DISTRICT D- 44
THE BUTTE COUNTY AUDITOR- CONTROLLER
PART I-- THE OFFICE AND STAFF E- 2
ADDENDUM: BUTTE COUNTY HUMAN RESOURCES E- 17
PART II-- AUDITING THE AUDITOR AND HIS AUDITORS E- 24
THE BUTTE COUNTY GRAND JURY
ISSUES IMPACTING GRAND JURY EFFICIENCY F- 2
BUTTE COUNTY WIDE REPORTS
NEW SPCA FACILITY NEARING COMPLETION, OROVILLE, CA.
OLD HUMBOLDT WAGON TRAIL— MAY, 2006
ANIMAL CONTROL IN BUTTE COUNTY A- 2
BUTTE COUNTY FAIR A- 15
OLD HUMBOLDT ROAD WAGON TRAIL A- 18
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BUTTE COUNTY WIDE REPORTS : 2005/ 06 BUTTE COUNTY GRAND JURY FINAL REPORT
Butte County Animal Sheltering And Control Agencies
Reason for Visit and Review
The Grand Jury decided to review and visit a sampling of animal control agencies and
shelters primarily because they had not been visited by the Grand Jury in several years.
Our interest is in how the county and cities participate with various animal shelter control
operations and how service is provided. The population of Butte County continues to
increase, as does the animal and pet population.
Background
We have found that the greatest concern within Butte County Animal Control Agencies is
the need to improve the spaying and neutering of pets. The feral cat population also
continues to be a problem. Numerous litters of puppies and kittens are dropped off
annually at all the shelters, but in particular from the south area of Butte County. The
population at the shelters is primarily composed of, abandoned pets, surrendered pets,
loose animals, confiscated pets, injured and lost pets. Space at all the shelters is
stretched thin to accommodate the animal population.
Review
Our review included the following agencies that provide animal control and sheltering.
County of Butte City of Chico City of Paradise
Animal Control Chico Police Department Paradise Police Depart.
Northwest S. P. C. A Butte Humane Society Paradise Animal Shelter
( Society for the Prevention
of Cruelty to Animals)
County of Butte
Animal Control is a division of Environmental Health, which is part of a larger division
within the Butte County Public Health. Pets taken in by Animal Control are housed at the
Northwest S. P. C. A. in Oroville. There are three primary functions of animal control that
are governed by this county department.
1. Detection and inoculation for rabies
2. Response to animal issues, ranging from dead animals on roadways or
property, to dog bites, livestock attack, and free roaming animals.
3. The sheltering of animals for a minimum of five days as mandated by law.
These animals will not be available for adoption until the five- day hold period
expires.
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BUTTE COUNTY WIDE REPORTS : 2005/ 06 BUTTE COUNTY GRAND JURY FINAL REPORT
Staffing: Butte County
The Deputy Director of Environmental Health
One supervisor of Animal Control
Five animal control officers
Vehicles are also provided for the animal control officers, to respond to calls in the
unincorporated area of Butte County. Funding for the staff and vehicles is provided
through the County’s General Fund, and by a $ 5.00 per parcel fee paid by county
residents. Services charged to the county by Northwest S. P. C. A are $ 82.14 per animal
for the five- day hold period.
The Deputy Director of Environmental Health has a great concern for the welfare of
animals and for the safety of the Butte County residents. He expressed a desire for
low- cost spay and neuter clinics, as well as the need for additional shelter space. This
need will be met with the completion of the new Northwest S. P. C. A.
Grand Jury members interviewed two animal control officers. They both stated the
biggest problems they face in the county are the limited number of animals that are
spayed and neutered, vaccinations for rabies, and licensing of animals. The animal
control officers are kept busy with various job duties that include, but are not limited to,
responding to citizen calls, loose animals including livestock, wild animals, rabid
animals, dead and injured animals, abuse and neglect cases and court cases regarding
abuse and neglect. Most of their calls however, are regarding dog bites, barking, or
dogs running loose.
Animal Control officers have concerns about personal safety, their only defense is
pepper spray and in most cases, they respond to calls alone. Responding to calls
alone, cell phone signals are often weak or non- existent in the remote areas of the
county. Some situations require two people to handle, including handling large dead
animals, injured animals, rabid animals, or trying to control loose livestock.
Northwest S. P. C. A.
Butte County contracts with SPCA to provide sheltering services. The current shelter
facility is old and run down. A new facility is under construction and should be opened
by summer of 2006. This new facility is located close to the current animal shelter. The
new facility will offer so much more for animals and staffing needs. The kennels offer
two completely separate areas for the dogs. One kennel area is for dogs offered for
adoption; the other is for dogs that are there for the five- day hold or being evaluated for
adoption purposes. The cats have their own areas as well and there is also a puppy/
kitten viewing area that allows for interaction between pets and possible adopters.
There is an animal receiving room, health exam room, ample parking that will also
accommodate disabled persons, excellent waste disposal system for kennel care, and
new restrooms for men and women that offers lockers for their personal needs. We
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BUTTE COUNTY WIDE REPORTS : 2005/ 06 BUTTE COUNTY GRAND JURY FINAL REPORT
were also shown a common meeting room that will allow for training, lunch/ break room,
and act as a base for animal control officers to share or gather information.
Our visit began with the Executive Director of Northwest S. P. C. A. The Executive
Director seemed very energetic and enthusiastic about her job. Her knowledge in
animal care and management comes from many years of working in animal care and
learning on the job. She recognized the shortcomings and condition of this facility and
spearheaded the financing and support for the new facility. Her management deserves
recognition. Despite the age and poor condition of this current building, the comfort and
well being of the animals is top priority.
Our tour began in the front office, which was very confined and cramped for workspace.
We then toured the kennels, which although small, were very clean. The dogs were
also very well groomed and clean. The staff makes sure all dogs are bathed and
groomed regularly.
On this visit, most of the dogs had their own kennel with only a few sharing runs. There
are times when more have to be crowded into these small kennels. We continued
through to the cat room. All cats and kittens are housed in one room in cages. Due to
poor ventilation and the inability to separate all the cats, many suffer from respiratory
problems. These cats and kittens are given a lot of attention by staff and volunteers.
There are some outside runs that are used to exercise animals and also for the
occasional livestock that need sheltering.
This facility inserts microchips into all animals that are adopted. They also offer this
service to the public for a small fee. However, there appears to be a variety of non-compatible
microchips, which can cause problems identifying pets. Different shelters
cannot read different types of microchips.
All animals are spayed and/ or neutered whenever possible. If at the time of adoption,
the pet is not spayed or neutered, a deposit is required. When proof is shown of
spaying and neutering, then the deposit is refunded to the new owner. If not, the
money is placed into a special fund for spaying and neutering.
Please see Exhibit A for a fee schedule for this shelter.
The concern of the executive director and the staff at Northwest SPCA is having the
ability to offer free or low- cost clinics. The executive director hopes to see this special
fund grow to allow for low- cost spay and neuter clinics. Butte County residents have an
obligation to assist in controlling the pet population and avoiding unnecessary
euthanasia of animals.
Staffing and Hours: Northwest S. P. C. A.
• Board of Executive directors
• Executive director
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BUTTE COUNTY WIDE REPORTS : 2005/ 06 BUTTE COUNTY GRAND JURY FINAL REPORT
• Staff includes:
􀂃 11 full time employees; 5 are animal control officers
􀂃 1 part time employee
􀂃 3 - 5 weekly volunteers offering 3- 5 hours per week each
􀂃 SWAP ( Sheriff’s Work Alternative Program)
Hours of Operation:
Mon.- Fri. 8: 00 a. m. to 5: 00 p. m.
Sat. 12.00 noon to 3: 00 p. m.
Closed on Sunday
City of Chico
Our next visit was to the Chico Police Department ( CPD). The CPD is responsible for
animal control within city limits. The City of Chico contracts with Butte Humane Society
for the sheltering of animals for the mandated five- day hold.
One of the CPD’s Captains is the liaison between the CPD and Butte Humane Society.
The Captain is concerned about the welfare of all animals that end up at the shelter. He
would like to see clear guidelines established and followed by both animal control
officers and shelter employees. This would insure proper tracking, handling, and
placement of the animals that are held for the five days.
The Captain provided us with the following background history with respect to the
shelter. The Shelter belonged to the City of Chico in the early 90' s. Later during the
90' s, the City gave the shelter to Butte Humane Society. Then, due to financial
difficulties, the City gave a lump sum to Butte Humane Society to buy the shelter back.
At that time, the city was paying a fee per animal to Butte Humane Society.
Currently, Butte Humane Society uses the facility, owned by the City, rent free. They
have a contract with the City of Chico for sheltering the animals brought in for the five-day
hold. The city pays for the animal control officers and the supervisor, as well as the
vehicles used for animal control. This is in addition to the monthly contract fee.
Staffing: City of Chico
• Chico P. D. Captain
• 1 Animal Control supervisor
• 2 Animal Control officers
The police department provides the vehicles for animal control within the city limits.
These animal control officers respond to a variety of calls within the city limits. These
employees are not sworn officers and do not carry firearms.
We interviewed the Animal Control Supervisor. The Supervisor has been with animal
control for 25 years. She would like to see all employees working with the same
guidelines and tracking system. The animal control officers maintain a record of
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animals they pick up and leave at the shelter. At that point, tracking the animal is not
always consistent.
City Manager
We met with the new City Manager. He had been with the City for 15 months at the
time of our interview and was still getting familiar with the operation of Chico City
government. He had already become familiar with the contract between the City and
Butte Humane Society and had looked into other shelter facilities to see how other
operations are managed and what their costs are.
This interview was prompted by the recent proposed request by the Humane Society to
increase the monthly contract amount. This increase of $ 13,000.00 a month prompted
the City of Chico to call for an audit. The City Manager provided us with the last 5 years
of contract costs by the Butte Humane Society to the City of Chico.
Previously the contract amount was as follows:
Cost History for Butte Humane Society, Chico
2001- 2002 contract range was $ 6,400 – $ 6,700 per month
2003 increased to $ 14,000.00, based on $ 80.00 per animal
2004- 2005 increased to $ 21,000.00
2006 $ 21,000.00 with intentions to submit a bid for an increase to
$ 34,000.00 per month.
No records or facts to support the need for increase were available at the time of the
Grand Jury review. Grand Jury members are concerned about the amount of the
proposed increased in the contract Butte Humane Society is requesting from the City.
While exploring and gathering information, it was clear that the City is open for options
if the contract is not renewed. They await the outcome of the audit to verify the need for
an increase of $ 13,000.00 per month.
There is no doubt the current building is in need of upgrading or replacing. Currently,
there are no plans in place for remodeling or replacing the shelter by the City. The City
does not oversee the daily operations of the shelter and so does not dictate where
funds are to be used.
Butte Humane Society
We interviewed the Executive Director at Butte Humane Society on two occasions. The
first interview included the Shelter Board President and the Executive Director. The
second interview was with the Executive Director only. The Executive Director has
been with the shelter for approximately five years. She started with the shelter as a
volunteer, then applied when the position of Executive Director became available. She
has been in that position for about three years.
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Upon approaching the shelter in Chico, it was evident that the Butte Humane Society
has outgrown its facility by the number of outside pens that are visible in front and to the
rear of the main building. Our tour began in the front office, which handles all intakes of
animals and adoptions. The intake of animals includes those brought in by animal
control officers, as well as the public. Our tour included all kennels inside and out,
animal rooms, laundry area, and sick and quarantined area. There are two cat rooms
shared by adoptable cats. There is also an area for sick cats or new ones brought in.
There are approximately 40 kennels located inside and outside the building. The
ventilation system, as well as the drainage system for cleaning the kennels, is in need of
updating or replacement. The interior was damp, dark, and cramped, which creates an
environment that can harbor disease. The exterior pens are larger in size to
accommodate the overflow. There is shelter available in each pen to allow the dogs to
escape the elements.
The Executive Director’s office is also in need of space and ventilation. We did not
notice a staff room, but did note a laundry room where dogs are also bathed. Butte
Humane Society collects all impound fees. There is a deposit fee charged at the time of
adoption on all animals for spaying and neutering. All deposit fees collected at
adoptions that are not refunded are placed in a special fund for spaying and neutering
animals. Not all animals adopted out are spayed or neutered for a variety of reasons. If
an animal is too young or ill, then the surgery must wait. A deposit is taken at the time
of adoption that is to be used toward a spay or neuter surgery. It is left to the discretion
of the adoptee at this point to make sure their pet is neutered. No tracking system is in
place to insure these pets are neutered.
Staffing and Hours: Butte Humane Society
􀂃 Board of Directors
􀂃 Executive Director
􀂃 Shelter staff
􀂃 Staffing includes:
􀂾 13 paid employees ( includes the executive director, shelter manager,
office staff and kennel tech [ 11 of these are full time, 2 are part time])
􀂾 20 to 30 volunteers weekly, giving a total of 60 hours of time
􀂾 Volunteers include, community, SWAP, ROP from local schools and court
cases.
Hours of Operation:
Sunday, Monday & Thursday 12: 00 to 6: 00 p. m.
Friday & Saturday 12: 00 to 7: 00 p. m.
Closed Tues. & Wed.
The Executive Director informed us that the Butte Humane Society had purchased 20
acres north of Chico with the intent of building a new facility. They are currently in the
process of obtaining a permit. At our last meeting, she indicated that they were not sure
if they were going to place a bid for services to the City of Chico for animal control.
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For fee schedule and adoptions, see Exhibit B
Town of Paradise
Paradise Police Department
Paradise Animal Control is part of the Paradise Police Department. We met with the
Lieutenant of the Paradise Police Department. The Police Department works with
Paradise Animal Shelter and often has offered support by responding to calls when
needed. The Town owns and operates the shelter. Recently, Measure N was passed
that placed a $ 12.00 per parcel fee on property owners within the Paradise Town limits.
That provides approximately $ 144,000.00 a year for animal control and the shelter. This
shelter has an enormous amount of support from the business community, citizens, and
a group known as PASH ( Paradise Animal Shelter Helpers).
The police department is very proud of their animal shelter and the community support it
receives. For a period of time, they were understaffed. Responding to calls or keeping
the shelter open to the public was difficult. The problem with feral cats is also a problem
in Paradise. Hopefully, with the additional staffing and continuing support from the
community, the feral cat population will become more contained.
Paradise Animal Shelter
Grand Jury members visited the Paradise shelter next. We met the new supervisor who
was recently promoted after submitting her application for the position. She had been
an animal control officer for the Town of Paradise for 17 years. The shelter is not large,
but extremely clean and comfortable inside. They could use some extra space and
updating for animal and staffing needs. We toured the facility, which included
approximately 25 kennels. They have hopes of expanding the shelter to accommodate
their needs. Three of the 25 kennels are used for cats. There is a separate area for
sick or injured cats. Any dog in quarantine is also in the same kennel area, but at the
end of the building. This is one of the areas that could use improvement for the health
of the animals.
The shelter supervisor stated that they never have to buy dog food. Many large
retailers donate large bags of dog food that has been damaged in transit. Their
philosophy, which also reflects efficiency, is that they will accept most brands of dog
and cat food to insure that food is available at all times. Many times, these animals are
offered extra special treats in addition to regular dog or cat food. The cost of spaying
and neutering here is paid for by the kindness of PASH and the cooperative efforts of
the local veterinarians. Their adoption fees are minimal because of this enormous
support. Measure N allowed the Town of Paradise to increase the animal control
staffing, services, and hours of operation for the public.
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BUTTE COUNTY WIDE REPORTS : 2005/ 06 BUTTE COUNTY GRAND JURY FINAL REPORT
Staffing and Hours: Paradise Animal Shelter
􀂃 No Board of Directors
􀂃 Paradise Police Department Lieutenant
􀂃 1 Supervisor
􀂃 2 Animal control officers ( non sworn officers)
􀂃 Volunteers ( Includes PASH, community, students, businesses)
Hours of Operation:
Monday through Saturday 11: 00 a. m. to 4: 30 p. m.
Closed on Sunday
For fee schedule, adoptions, and hours of operation, see Exhibit C.
Findings
1. The County of Butte and Town of Paradise have a parcel fee on property
owners to assist animal control.
2. All animal control agencies have concerns for low- cost spay and neuter clinics.
3. Animal welfare is top priority by all animal control agency staff.
4. All facilities are in need of updating or replacement for animal needs and
staffing needs ( excluding N. W. S. P. C. A).
5. All animal control agencies have been operating in inadequate facilities.
6. Community support enhances the success of all animal shelters. PASH is an
excellent example of this.
7. Butte County residents need to assume more responsibility for their pets to help
curtail the overpopulation.
8. Hours of operation between shelters lack standardizing for public access.
9. ADA accessibility is limited ( excluding N. W. S. P. C. A).
10. There appears to be a variety of microchips which can cause a problem in
compatibility and identification of pets.
11. There is no single agency that oversees or inspects the shelters.
12. The communication system for Butte County animal control officers needs
improvement.
13. The City of Chico has no dedicated per parcel fee for animal control.
Recommendations
1. Butte County animal control needs to evaluate their current communication
system and resolve their communication needs in remote county areas.
2. All Butte County animal shelters should try to standardize the microchip
process.
3. Local animal control agencies need to establish an oversight committee to aid
in maintaining healthy and disease free facilities.
4. We recommend that City of Chico investigate the possibility of a parcel fee or a
measure as approved by voters to assist in animal control needs.
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BUTTE COUNTY WIDE REPORTS : 2005/ 06 BUTTE COUNTY GRAND JURY FINAL REPORT
5. Have all shelters work together to establish consistent hours and days of
operation.
6. All shelters need to evaluate compliance with ADA standards for accessibility
and parking.
Commendations
Paradise Animal Shelter is extremely successful in meeting the needs of both the
animals and their community. With the continuous efforts from PASH and the local
veterinarians, retailers, and citizens, support in the form of donations help to make this
shelter successful.
At Butte Humane Society, we found that, as with other shelters, the concern for animal
welfare is a very high priority. They have had success in their annual fundraiser for the
shelter. It did not appear that there is any organized volunteer organization that helps
Butte Humane Society to help cut costs.
Northwest S. P. C. A. has been successful in recruiting funds to build the facility that they
so desperately needed. This new facility will meet the needs not only of the animals
sheltered there, but for staff and the community.
Responses Required ( Penal Code 933 & 933.05)
Butte County Animal Control
City of Chico, Animal Control
Town of Paradise Animal Control ( Police Department)
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BUTTE COUNTY WIDE REPORTS : 2005/ 06 BUTTE COUNTY GRAND JURY FINAL REPORT
Exhibit A
Northwest S. P. C. A
Fee schedule
Impound $ 20.00
$ 40.00 ( x2)
$ 60.00 ( x3)
Transport $ 25.00
Boarding $ 7.50 per night
Unaltered penalty ( State) $ 35.00
$ 50.00( x2)
$ 100.00( x3)
Microchip $ 15.00
License $ 15.00 altered
$ 20.00 unaltered
Rabies vaccinations $ 8.00
Quarantine boarding $ 10.00 per night
Owner surrender
Dog less than 6 months of age $ 25.00
Dog more than 6 months of age $ 75.00
Cat under 6 months of age $ 20.00
Cat over 6 months of age $ 40.00
Adoption/ S/ N deposit ( Spay/ neuter)
Dog $ 30.00 + $ 30.00
Cat $ 25.00 + $ 20.00
** All fees pertaining to redemption, quarantine, or surrender of an animal, are payable
by cash ONLY**
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BUTTE COUNTY WIDE REPORTS : 2005/ 06 BUTTE COUNTY GRAND JURY FINAL REPORT
Exhibit B
Butte Humane Society and City of Chico
Fee schedule
Please note there are three different agency/ state fees imposed on this schedule.
City Fees ( per day)
Impounds Dogs/ puppies
Cats/ kittens
Livestock
1st offense $ 25.00
$ 10.00
$ 25.00
2nd. offense $ 35.00
$ 15.00
$ 30.00
3rd. offense $ 45.00
$ 20.00
$ 35.00
Boarding $ 8.00
$ 8.00
$ 8.00
Boarding fee assessment begins on the day of impounding, regardless of time of
impounding.
* Multiple animals from the same household are charged impound and boarding fees for
the 1st offense only.
Disposal
Pick up for disposal by City AC ( animal control) $ 5.00
$ 5.00
Brought in by public 0- 49 lbs. $ 8.00
50- 100 lbs. $ 12.00
Over 100 lbs. $ 25.00
Livestock $ 60.00
Spay/ Neuter Fine
1st offense $ 35.00 $ 35.00 N/ A
2nd offense $ 50.00 $ 50.00 N/ A
3rd offense $ 100.00 $ 100.00 N/ A
* All subsequent offenses carry $ 100.00 fine
* < = less than > = more than *
Adoptions Spay/ Neuter
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BUTTE COUNTY WIDE REPORTS : 2005/ 06 BUTTE COUNTY GRAND JURY FINAL REPORT
* s/ n = spay/ neuter
Dog $ 60.00 + $ 50.00 s/ n deposit
Materials Fee for volunteers $ 15.00
Volunteer Hours
Volunteer hours for dogs Male/ neutered up to 75 lbs 11 hrs.
Male/ neutered over 75 lbs 15 hrs.
Female spayed up to 60 lbs 11 hrs.
Female spayed 61- 75 lbs 14 hrs.
Female spayed over 75 lbs. 25hrs.
Dogs > 1yr but < 3 yr. add 12 hr
Dogs > 5 yr. add 7 hrs.
Volunteer hours required for cats.
Cat $ 45.00 + $ 40.00 s/ n deposit
Hours for kittens 4
Hours for cats 6
Rabbit $ 20.00
Guinea Pig $ 10.00
Hamster/ rats
Mice $ 5.00
Exotics Staff quote
Micro- chipping $ 15.00
Euthanasia
Dogs 30 lbs. $ 20.00
30- 69 lbs. $ 30.00
70- 100 lbs. $ 40.00
over 100 lbs. $ 50.00
Cats/ rabbits $ 20.00
Puppies/ kittens < 3mos. $ 10.00
Birds $ 10.00
Pocket Pets* $ 5.00
Rats/ mice/ hamsters/ etc.
Exotics staff quote.
Cremations
Private 0- 24 lbs. $ 95.00 Group 0- 24 lbs. $ 70.00
25- 49lbs. $ 105.00 25- 49lbs. $ 80.00
50- 75lbs. $ 120.00 50- 75lbs. $ 90.00
75- 99lbs. $ 140.00 75- 99lbs. $ 100.00
0- 120lbs. $ 170.00 100- 120lbs. $ 110.00
over 120lbs. $ 220.00 over 120 lbs. $ 130.00
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BUTTE COUNTY WIDE REPORTS : 2005/ 06 BUTTE COUNTY GRAND JURY FINAL REPORT
Exhibit C
Paradise Animal Control
Fee Schedule
Adoption fees
Dogs $ 22.00
Cats $ 16.00
Small animals ( rabbits, chickens, etc.) $ 3.00
Small livestock ( sheep, goats, pigs, etc.) $ 14.00
Large livestock ( cattle, horses, etc.) Sealed bids
Surrender fees
Dogs $ 15.00
puppies/ kittens $ 3.00 ( under 3 mos)
Cats $ 2.00
kittens under 8 wks $ 1.00
Impound ($ 8.00 per day board)
Altered dogs & cats
1st offense $ 25.00
2nd offense $ 35.00
3rd offense $ 65.00
Unaltered dogs & cats
1st offense $ 36.00
2nd offense $ 50.00
3rd offense $ 100.00
Quarantine ($ 11.00 per day)
Euthanasia
Dogs < 50 lbs $ 31.00
over 50 lbs $ 60.00
over 80 lbs $ 75.00
Cats $ 2.00
Puppies < 3mos. $ 3.00
Kittens < 8 weeks $ 1.00
Disposal
Dogs < 50lbs. $ 16.00
Dogs > 50lbs. $ 31.00
Cats $ 3.00
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BUTTE COUNTY WIDE REPORTS : 2005/ 06 BUTTE COUNTY GRAND JURY FINAL REPORT
BUTTE COUNTY FAIR
Reason for Visit/ Investigation
The Grand Jury is charged with investigating the operations of various Butte County
government offices and districts. The last time the Butte County Fair went through this
process was with the 1999- 2000 Grand Jury.
Background
The Butte County Fair was established in Gridley, California on March 22, 1946 by a
resolution adopted by the Butte County Board of Supervisors. In 1948, the Fair moved
to its present location on East Hazel Street located one block east of Highway 99. The
grounds consist of 38 acres of lawn, trees, exhibit halls, livestock barns, and a rodeo
arena. It is the hub of community activities with events occurring practically every
weekend. The Butte County Fair is a non- profit organization and is funded partially
through taxes levied on licensing of Pari- mutuel horse racing. The Pari- mutuel funds
continue to shrink due to competition with casinos and the Fair is faced with continually
finding ways to offset the shortfall. The budget for the year was set at $ 650,000 with
$ 150,000 coming from Pari- mutuel funds and the balance coming from state approved
grants, private donations, revenue from interim events, and Fair income. The California
State Department of Food and Agriculture Division of Fairs and Expositions and the
Butte County Board of Supervisors approve the yearly budget. Currently Butte County
Fair is one of 78 in the state.
Investigation
The Butte County Fair was reviewed in three areas:
• Administration
• Maintenance
• The Fair and related activities
The Grand Jury interviewed two members of the Board of Directors, the Chief Executive
Officer ( CEO), two maintenance personnel, and the office manager after the Fair in
August. The fairgrounds were also toured on the second day of the Fair with the CEO.
All members of the Fair’s staff were open and cooperative.
The Butte County Fair Association, consisting of an eight member Board of Directors
and the Chief Executive Officer, administers the Fair. The Board of Directors is
appointed by the Butte County Board of Supervisors to serve four- year terms; a
minimum of four directors are from District 4, and no more than one director from each
of the remaining Supervisorial districts.
The Butte County Fair Association operates the Fair according to the regulations of the
California Department of Food and Agriculture. The Association operates by the
guidelines of the Procedure Manual agreed upon by the Fair Board and the current
CEO. The manual spells out the responsibilities of the CEO and the Board of Directors.
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The manual was complete, but some of the areas of responsibility seemed to overlap
and it lacked the Fair’s mission statement. The Fair does have a mission statement, but
it is separate and needs to be included in the procedure manual. The Fair maintains a
year round staff of 4.5 individuals: the CEO, Office Manager, 2 maintenance men and a
part time bookkeeper. The number increases to approximately 120 to 150 individuals
during the Fair. Many of the part- time employees return yearly to work. The
administration staff of the Butte County Fair work diligently to maintain a team approach
to all tasks undertaken. Since the Butte County Fair has very limited discretionary
funding, improvements are prioritized according to health and safety issues. This puts
an upgraded office computer network low on the list, although it is justified from a
business perspective. Currently the Butte County Fair is rated as an A- grade Fair, which
corresponds with “ Excellent.” The grade is based on timeliness of state required
reports, compliance to health and safety factors, financial stability and audit results. To
help assure a continued high rating the budget is submitted to the state in November.
This grade level is one of the factors that determine the amount of funding from the
state. The budget is also submitted to the county for approval. In 1997 the Fair revenue
reserves were approximately $ 4,000 and now the reserves total $ 89,000, according to
the CEO. The current CEO has been at the Fair for 8 years. The CEO works year
round to prepare for the Fair that takes place in August. Planning in many cases has
been done two to three years in advance to anticipate the change in interests of the
attendees. The CEO spends a majority of her time in seeking grants and other funding
for maintenance and improvements.
The facilities at the Butte County Fair are aging. Most of the buildings are original
structures. Many of the buildings have been revamped structurally to provide the safest
facilities possible and also the most durable. Each year the facilities undergo a fire
inspection prior to the Fair. Beginning in 2000 a schedule was set up to replace all
roofs with metal. In 2004 the grandstands were upgraded and in 2005 they were
modified again to assure they were ADA compliant. The grandstand restrooms were
also upgraded to ADA standards in October 2004. Starting 1999 new electrical lines
and electrical panel upgrades were put in to replace old lines and to relocate others.
Additional work was completed on this project in early summer 2005. The CEO and the
Board of Directors give a lot of credit to the Butte County community for their continued
support of the fairgrounds. Many of the nonprofit groups have worked with Fair staff in
providing donations in the form of materials used to rebuild and relocate some of the
show rings in the livestock area. Some groups have come in to help paint some of the
buildings. Other groups have made monetary donations. The Fair Board, CEO, and
Maintenance Supervisor agree that trees are a safety issue that needs to be addressed
in the very near future. The trees are 60- year- old Modesto Ash. Normally, these trees
live about 30 years. Staff is currently researching information to develop a plan for
scheduled replacement of trees. Additional equipment such as a backhoe and a stick
boom could be utilized to maintain the current and future plantings. They have received
one grant to trim the trees but that was several years ago and they are in need again.
The Butte County fairgrounds are utilized on two levels: A) Interim Events - These occur
during the year other than in August and B) The Butte County Fair - A five day event
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held in August. The Interim Events include parties, dinners, weddings, swap meets,
consumer and craft shows, concerts and much more. Interim Events create a year
round fiscal impact on the community. According to California’s Fairs: Striking Gold at
the Butte County Fair1, year round activities at the fairgrounds, “ bring approximately
91,569 individuals spending an estimated $ 452,120 in the county.” The Butte County
Fair is a special venue, designed for an audience of various ages and various interests.
The Fair basically consists of the carnival and concessions, commercial exhibits, judged
exhibits ( agricultural, floricultural, and horticultural) and entertainment. The carnival has
a great impact on Fair attendance. Because families need to feel the carnival is a safe
environment for youth, the CEO looks for a company that will give a good family carnival
show for the money and usually awards a 5- year contract. There have been significant
and dynamic changes in recent years to the production of Fairs, but entertainment has
been impacted, mostly due to the local casinos bringing in big name entertainers on a
regular basis. The Butte County Fair cannot compete, so Grandstand entertainment is
now contracted from a circuit of less well- known performers.
Commendations
• The team effort of all individuals to present to the public a quality experience is
outstanding.
• The effort of the CEO to find alternative funding in the form of grants
represents a stellar commitment to her position and the citizens of Butte
County.
• The efforts of the Maintenance personnel to repair and maintain an aging
facility
Findings
1. Working with an extremely slim budget the Butte County Fair staff work as a
team at all levels to provide the citizens of Butte County with a very well run,
safe, efficient and enjoyable event. Every effort has been made to provide the
citizens of Butte County the best the budget will allow.
Recommendations
1. The Fair Administration should follow through with current plans to set up a tree
maintenance schedule.
2. Continue to evaluate upgrading and networking office computers to enhance
efficiency.
3. The Fair Association and CEO should review & update the Policy Manual and
include the Fair’s Mission Statement.
4. Continue to provide a safe environment for the public events is phenomenal.
Responses Required ( Penal Code Sect 933 & 933.5)
Butte County Fair Association
Butte County Fair CEO
1 Individual Fair Economic Impact Report Striking Gold at the Butte County Fair, ( cdfa. ca. gov/ fe/ SWEReport)
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BUTTE COUNTY WIDE REPORTS : 2005/ 06 BUTTE COUNTY GRAND JURY FINAL REPORT
OLD HUMBOLDT ROAD WAGON TRAIL
Reason for Investigation
The Grand Jury responded to concerns relating to potential damage to the Old
Humboldt Wagon Trail ( east of Bruce Road, South of Highway 32 and parallel to
Humboldt Road), as a result of planned development in the area of Chico.
Background
The wagon trail was constructed between the years of 1863- 1865 by the Humboldt
Wagon Road Company, which was established by John Bidwell and a group of
investors. The Humboldt Wagon Trail was built to link Chico and the Honey Lake area
and improve access between the North Valley/ Chico area and mining districts in Idaho
and Nevada. Additionally, the route opened access to stands of virgin timber, which
were important to the lumber industry of Butte County. The wagon trail thrived until the
completion of the Central Pacific’s Trans- Sierra railroad in 1869. Eventually, railroad
development and the creation of a large V- flume to transport timber down Big Chico
Creek Canyon eliminated the need for the wagon trail.
Small sections of the Humboldt Wagon Trail remain today in the form of wagon wheel
ruts, grade banks and staging stations east of Chico, up and through Forest Ranch and
beyond. Deep wagon wheel ruts ground into the lava rock are a visible link to Butte
County’s past. You can view this piece of Chico history by driving up the Old Humboldt
Road just east of Bruce Road, in the area near the old Humboldt Dump and proposed
Oak Valley Subdivision. The ruts and the rock wall are adjacent to Humboldt Road on
the south side. As development progresses, the concern about preserving the
Humboldt Wagon Trail in this area becomes more acute. Grand Jury members
researched the trail’s history, current ownership of the land, and what effects the
proposed Oak Valley subdivision and other future developments would have on the
wagon trail.
We met with the Chico City Planning Director and the Senior Planner. They provided us
with information on the Oak Valley subdivision that included the tentative subdivision
map, the planned development permit, and its conceptual master plan. In addition, the
Environmental Impact Report ( EIR) was included. The mitigation monitoring of this
project will allow for a less than significant impact level of use around the Old Humboldt
Road, thus preserving the wagon ruts. Currently, the proposed Oak Valley subdivision
will not affect the wagon ruts, nor cause the ruts to be paved over. Instead, the
proposed plan will offer a pleasant bike and walking path along the road. An additional
concern is the property south of the wagon ruts and rock wall. Someone else other than
the developer of Oak Valley subdivision owns this property.
The Senior Planner stated that proposed changes to the area south of the roadway are
outside the project’s boundaries and would require the acquisition of right of way from
the property owner to the south of the roadway. Preliminary development plans have
been submitted to the City relating to that property south of Humboldt Road. These
plans show an open space corridor that include the Humboldt Trail ruts and rock wall.
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BUTTE COUNTY WIDE REPORTS : 2005/ 06 BUTTE COUNTY GRAND JURY FINAL REPORT
There will be at least one new crossing of the trail with the extension of Yosemite Drive
to serve the proposed subdivision. At least one more road entry to the lands south of
Humboldt Road may be required for adequate traffic circulation. The timing of the
development and development of entry roads is unknown at this time. The Chico City
Council can at any time adopt or approve these plans or future plans with or without
consideration for historical preservation.
As for the property south of the ruts, the owner has been advised of the historical
significance of the old Humboldt wagon road. By applying for historical preservation,
the owner would benefit in tax breaks and also, preserve a part of Chico history. This
information was provided to the landowner by the Grand Jury, and given to the
engineering company for that land use. There are also local archeologists who would
assist the landowner in completing the forms in applying for official historic designation
at little or no cost. Our hope is to insure that every effort is made by city government to
include the residents of Butte County in efforts to preserve the history that helped build
this county.
Findings
1. An Environmental Impact Report addressed concerns about protecting the
remains of the Humboldt Wagon Trail from development by the Oak Valley
subdivision and has been somewhat addressed in the subdivision’s
environmental impact report. This report recognized the wagon trail and rock
wall just south of it as a “ legitimate historic resource.” Development in the area
has been designed to limit its impact.
2. Grand Jury members met with the City of Chico Planning Director and a Senior
Planner. They advised the panel that the subdivision plans call for the existing
Humboldt Road to be widened and includes bicycle lanes on both sides of
Humboldt Road.
3. The owner of the land south of Humboldt Road has been provided with
information and application forms for historical preservation tax breaks.
4. There are no current approved plans in effect to protect areas of historical
significance by the City of Chico.
Recommendations
1. The City of Chico should include the Humboldt wagon trail and adjacent rock
wall as an historic landmark in the Open Space and Environmental Conservation
Element of the General Plan.
2. In the event that a development plan for the area is submitted, all environmental
documents should take into consideration the historic significance of the wagon
trail and minimize the impact to the historic area.
3. Mitigation should be required to preserve the wagon trail and rock wall as a
permanent open space easement, prohibiting additional crossings or removal of
these features unless necessary for public safety.
RESPONSE REQUIRED ( Penal code section 933 & 933.5)
Chico City Council
City of Chico Planning Director
BUTTE COUNTY SCHOOLS: 2005/ 06 BUTTE COUNTY GRAND JURY FINAL REPORT
2005/ 06 BUTTE COUNTY GRAND JURY FINAL REPORT
BUTTE COUNTY SCHOOLS
GRIDLEY HIGH SCHOOL
COMPUTERS AT SHASTA ELEMENTARY SCHOOL READY FOR DONATION
GRIDLEY UNIFIED SCHOOL DISTRICT
SALARIES AND PENSIONS B- 2
CHICO UNIFIED SCHOOL DISTRICT
HEALTH CARE IN ELEMENTARY SCHOOLS B- 7
DISPOSITION OF SURPLUS EQUIPMENT B- 15
ASSOCIATED STUDENT BODY FUNDS B- 19
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GRIDLEY UNIFIED SCHOOL DISTRICT SALARIES AND PENSIONS
Reason for Visit / Investigation
A teacher who had been retired for five years from the Gridley Unified School District
( GUSD) wrote to the Grand Jury. He reported that his pension was being cut by about
15 percent following an audit of the GUSD by the California State Teachers Retirement
System ( STRS). He reported further that other retired teachers were also impacted. He
asked the Grand Jury to investigate the propriety of such a large penalty being
assessed against aged and long retired teachers.
Background
Cal STRS provides pensions to public school teachers throughout California. Teachers
contribute a percentage of their monthly salary, which is matched by their school district.
STRS invests the monies and pays pensions to teachers, based upon their years of
work and their final salary. In order to prevent fraudulent claims, and maintain the
integrity of their fund, STRS conducts audits of school districts at irregular intervals. It
checks that the salaries reported by the districts for the teachers are valid, and that the
payments are appropriate. Cal STRS audited GUSD on May 16, 2005, after many
years of inattention.
Three very senior teachers retired from GUSD in July 2001. At that time the Gridley
teachers had gone a number of years without a general increase, and the three
teachers were at the maximum salary step level – Step 30. In the spring of 2001, the
Gridley Teachers’ Association ( GTA) ratified a new tentative agreement that would
provide a Step 35 for senior teachers; the GUSD’s Board did not ratify the agreement
until June 28, 2001. This was a retroactive agreement covering the 2000- 01 school
year. This contract was sent to the California Teachers Association’s attorney, but he
did not respond; the GTA’s former representative told the Grand Jury that the attorney
only responds when an item is not acceptable. The three teachers were given
retirement benefits appropriate for Step 35.
A new contract between GUSD and GTA for the 2001- 02 year did not include a Step 35,
as there were no teachers qualified for that step. The salary for Step 30 in this new
contract was the same as that available in the Step 35 for the previous year. This
contract was signed about July 1, 2001.
The Cal STRS audit indicated that the salary increases for the three teachers on Step
35 constituted “ spiking” because the step was not available to teachers in succeeding
years. Consequently, STRS reduced the teachers’ pensions to the level they would
have been prior to Step 35. In addition, it subtracted another 5 percent to recover the
amount paid between 2001 and the audit.
Chico Unified School District was audited at approximately the same time as Gridley.
One of their recently retired teachers was allowed to go back to work for a year so that
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his pension would not be decreased. Individual school districts, such as Gridley and
Chico, do not have the training and expertise to recognize the impacts on STRS
retirement plans when changes are made to collective bargaining agreements.
Investigation
The Grand Jury’s investigations began with a review of the correspondence between
STRS and the teachers, and research in California’s Education Code. This code
specifies the action STRS may take if inappropriate claims or payments are made. The
investigation then included interviews of:
• Two of the three retired teachers,
• The current superintendent of GUSD,
• The teachers’ representative on the 2000- 01 negotiating team,
• The consultant for the California Teachers Association ( CTA), and
• Three Administrators in the Butte County Office of Education ( BCOE).
The Grand Jury also reviewed:
• Action minutes for the meetings of the GUSD in the spring of 2001,
• The agreement between GUSD and the GTA,
• The budgets for the GUSD during the period 1996- 2003, and
• The STRS audit reports for the Gridley and for the Chico school districts.
GUSD was unable to find the signed copies of the contracts it made with GTA, nor
could it locate the taped minutes for the public Board meetings held in 2001.
The Education Code provides two methods for STRS to recover overpayments it may
have made. Sections 24616 and 24617 cover the method chosen by the STRS auditor
for recovering funds from the teachers. Section 23008( c), however, provides that the
“ employing agency who submitted the report shall reimburse the retirement fund in full
for the amount of the erroneous disbursement.” A telephone conversation with a STRS
representative verified the latter method is not preferred by STRS.
The three senior teachers have appealed the STRS finding and have been joined by
GUSD. No hearing has been set yet by the State’s Attorney General but STRS
continues withholding pension money from the teachers. Initially the teachers asked
GTA for legal support in their appeal. The GTA’s lawyer said he couldn’t help them
because they were no longer members of the union. Our interview with CTA’s
consultant revealed a misunderstanding of the situation; CTA is now actively seeking
legal remedies for the teachers. The outcome of these approaches is uncertain.
BCOE helps small, impoverished districts with their bookkeeping. In so doing it works
closely with the State and has a good understanding of Cal STRS and its programs.
Because of BCOE’s expertise, none of these small districts has failed a STRS audit.
The investigation found that no general increase had been granted to Gridley teachers
for a number of years prior to 2001. The District had been given a state grant for
extensive maintenance on the aged high school building; this included repairs on the
roof, heating and air conditioning, plumbing, etc. The architect / contractor, however,
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went bankrupt without finishing the work. The District was budgeting as much as it
could, and borrowing from the County, to finish the work. As work progressed, new
problems such as mold and dry rot were discovered and change orders were issued;
these caused additional cost overruns. Repayment of the excess maintenance costs by
the state did not occur for several more years. GTA, representing the teachers, was
willing to cooperate with the District because of the building maintenance needs, and
did not vigorously press for salary increases. According to a former GTA
representative, the District asked the GTA to keep the CTA consultant away during
negotiations because it was afraid the CTA might “ blow the whistle” on its financial
condition. This gave the District a negotiating advantage because the teacher
negotiators did not have a clear picture of the District’s financial condition, nor of the
effect changes in working conditions would have on a teacher’s retirement. The retired
teachers who were interviewed stated the District wanted the highest paid teachers to
retire and set out to reach that goal with incentives to retire. According to a former GTA
representative, the Board directed that no minutes be taken in the meetings when the
CTA representative was not present. People who know about the ‘ no minute meetings’
are gone from Gridley, except for a member of the Board, and that person refused to
provide information to the Grand Jury. The Board member eventually testified before
the Grand Jury under subpoena, and confirmed the signing of the tentative collective
bargaining agreement establishing Step 35 for the teachers in question. A letter from
the GUSD Superintendent stated that the tentative agreement was not saved.
The GTA felt that the teachers were giving up needed raises because they wanted to
help the District. The teachers were, indeed, underpaid compared with many other
districts in Northern California. They were, however, continuing to get the contracted
increases for years of experience and additional college course work. GTA believed
that the State had given the District money in 1999 to be used for teacher salaries ( it
estimated that the teachers would each get an increase of about 10 percent). The GTA
believed that this money was diverted for the high school remodel, but BCOE confirmed
that there had been no such diversion. In fact, the State passed a measure in 1999 to
help districts increase the salary of fully credentialed teachers to a minimum of $ 32,000
per year. It was a one- time offering and districts could participate or not. If they chose
not to participate, they could not change their mind and join in a later year. The money
to help a subscribing district to pay the cost would be ongoing. This was changed in
2000 by the State; it gave districts full reimbursement for bringing all fully credentialed
teachers up to a $ 34,000 minimum salary. In subsequent years the State paid the
same amount directly to the school district’s general fund. The GUSD subscribed to
both programs. The table below, taken from the annual audits of GUSD, shows that the
credentialed teachers, as a group, continued to get increases and that the State
program for beginning teachers had an impact.
The following table sets out the total GUSD teacher salaries, and percentage of yearly
salary increases for 1995 – 2003.
Year Total Salaries % Change
Million $ Yr to Yr
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‘ 95-‘ 96 $ 4.067
‘ 96-‘ 97 $ 4.653 11.4
‘ 97-‘ 98 $ 4.951 6.4
‘ 98-‘ 99 $ 5.169 4.4
‘ 99-‘ 00 $ 5.734 10.9
‘ 00-‘ 01 $ 6.227 8.6
‘ 01-‘ 02 $ 6.742 8.2
‘ 02-‘ 03 $ 6.979 3.5
Salary information from BCOE, however, shows that at least seven fully credentialed
teachers in Gridley did not receive the $ 32,000 minimum salary specified by the State
for 1999- 2000. They were each shorted $ 975 by the district.
Teachers are expert at working with children, but not always with budget analysis and
management confrontation. STRS is a convoluted and confusing retirement system,
difficult for most untrained people to comprehend. It is difficult to keep up with the
changes made to the plan by the legislature or its governing Board. Before retirement,
teachers can just hope they will get the retirement they are planning on. STRS provides
planning sessions but the people who prepare the reports and submit them to STRS are
clerical staff. These employees come and go and therefore cannot provide continuity
and communication of information to new staff. A better system for training clerical staff
should be found.
Commendations
The Gridley School District has replaced a series of interim superintendents with a new
administrator. This change has resulted in the financial stability now enjoyed by GUSD,
and by the apparent good relations it has with staff. Communication is the key to
openness between the Board, the Superintendent, GTA, CTA and the public. The
superintendent and his entire office staff are new to GUSD and the superintendent
indicated to the Grand Jury that he would never have allowed a meeting to occur
without the CTA or meeting minutes.
The Butte County Office of Education is commended for its expertise in teacher salary
and retirement issues. It uses this expertise to help districts to the extent it is asked,
and to the extent its budget and staffing allow.
Findings
1. The teachers who retired at Step 35 are not responsible for their predicament.
GUSD negatively impacted the pensions of the teachers that retired at Step 35
by removing the step from the 2001- 02 agreements.
2. The salaries of at least seven fully credentialed Gridley teachers were underpaid
about $ 975 in the 1999- 2000 year. The District had pledged a minimum of
$ 32,000 salary for each of them when it accepted the State’s beginning teacher
program.
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3. Local teacher associations and district bookkeepers are not well informed on all
of the implications of new reform programs enacted by the legislature. Individual
school districts, such as Gridley and Chico, do not have the training and
expertise to recognize the impacts on STRS retirement plans when they make
changes. This weakness has led to heavy financial penalties against long- retired
teachers, some of whom are elderly.
4. Important documents, such as the tentative collective bargaining agreement from
five years ago and Board minutes, have been reported lost by the GUSD.
Recommendations
1. GUSD should honor all commitments to the teachers who retired at Step 35,
including the costs of the repayment schedules that have been imposed on the
retired teachers.
2. GUSD should make a prompt payment of the salary underpayment found for at
least seven teachers in 1999- 2000.
3. All of the school districts in the County should work with BCOE to improve the
training of staff in the ins- and- outs of STRS regulations. School district
management should encourage the presence of a CTA consultant at the
negotiations by local teacher associations, as it is an important ingredient for
informed teacher participation. In the longer term, BCOE should provide a
uniform interface for all of the districts with Cal STRS. This would be done in a
manner similar to that now offered very small districts. Such an interface might
prevent unfortunate financial problems for retired teachers in the future, and
reduce the cost of duplication in bookkeeping for the districts.
4. The GUSD should ensure that important documents, such as labor agreements,
signed contracts, and taped Board minutes are protected against loss. Key
records should be retained permanently.
Response Required ( Penal Code 933 & 933.05)
Gridley Unified School District
Butte County Office of Education
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CHICO UNIFIED SCHOOL DISTRICT
HEALTH CARE IN ELEMENTARY SCHOOLS
Reason for Visit/ Investigation
The 2005- 2006 Grand Jury reviewed many areas and functions of Chico Unified School
District ( CUSD). Keeping children healthy is a significant factor in a child’s ability to
learn. The Grand Jury reviewed how school health offices contribute to keeping
students healthy and attending school.
Background
The mother of a child enrolled at Emma Wilson School appeared before the CUSD
Board of Trustees with a concern that food values were not listed on weekly menus. As
a result she was unable to advise her diabetic son on what food choices he could safely
make at school. Juvenile obesity and diabetes is a growing pediatric concern. As of
December 2005, there were forty- nine ( 49) students known to have diabetes in CUSD.
This prompted the Grand Jury to look at the way schools provide care to all students
including those with special needs.
In 2003- 2004, the Grand Jury wrote a brief report on Loma Vista School. It did not
communicate the degree of care required, nor financial resources needed or used to
provide and support the students.
Investigation
Grand Jury members selected six of the fifteen elementary schools to make
unannounced visits. The schools were selected to cover a cross section of all the
elementary students in Chico. The intent was to see how and what kind of health care
is provided to students. The Grand Jury researched the California Health and Safety2
and Education Codes3 that outline what health services are required and who is to
provide them. The Grand Jury interviewed:
• Two administrators: Director – Pupil Personnel Services and Director – Classified
Human Resources
• Two managers: Manager – Maintenance and Operations and the Safety and
Loss Control Coordinator
• Three principals: Emma Wilson, Hooker Oak and Loma Vista Schools
• Three Registered Nurses: Emma Wilson Elementary School ( 1) and Loma Vista
School ( 2)
• Six Health Assistants: One from each school – Emma Wilson, Citrus, Chapman,
Hooker Oak, Marigold and a former Marigold Health Assistant who currently
substitutes at Shasta Elementary School
2 Health and Safety Codes 120325- 120380
3 Education Codes 49400- 49415
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The services reviewed were staffing, communicable diseases, immunizations,
prescription drugs, urgent and emergency issues, specialized health care and maximum
weight standard for books. The Grand Jury also looked at temperature parameters for
the schools4.
Chico Unified School District employs:
• five ( 5) full time and two ( 2) part time Registered Nurses ( RNs)
• four ( 4) Licensed Vocational Nurses ( LVNs)
• twenty- four ( 24) Health Assistants ( HAs).
Staffing for the health office includes an RN and an HA. The RN is scheduled one day a
week at the assigned school and is available by cell phone when off campus during
school hours. The school- nurse- to- student ratio is 1: 3000.5 The HA is present a
minimum of four ( 4) hours a day. Although the hours may vary from elementary school
to elementary school, the HA is not available the entire time children are on campus.
To work in the school system, an RN must have a Bachelor’s Degree in Nursing, a
current and valid California Nursing License and be certificated as a school nurse by the
California Department of Education. Education documentation is in the nurse’s
personnel file at the District Office.
HAs have been employed by the CUSD since the early 1990s to assist the RNs in
providing health care. The first known job description for a “ health aide” in CUSD is
dated October 1993. In September 1997, the most recent update of the job description,
the job title changed to “ health assistant”. The HA, according to the job description,
must have a high school or equivalent education and current basic CPR and First Aid
certification. That certification is maintained in the district office. In addition, the
assistant is required to have training in emergency medical services or a related field.
Other requirements include the ability to operate modern office equipment, including a
computer, type 30 words per minute, and have a valid driver’s license. It is preferred
that the assistant have one year’s experience in providing first aid and care of children.
The HA should be able to recognize a communicable illness and consult the RN.
Requirements are minimal for the HAs considering the responsibility they have. HA
education documentation is in the district office.
When a student is suspected to have a communicable illness, the student is isolated
from other students and the parent is notified to come pick the student up from school.
The parent is instructed to get care for the child from their doctor, and obtain a
permission slip stating when the student can return to classes. When a student has
been exposed to a communicable illness, a form containing instructions is sent home
with the student.
4 An Assistant Administrator stated that the schools have temperatures set at 68 F heating and 78 F
cooling. Verified by Manager – Maintenance and Operations.
5The National Association of School Nurses recommends a school- nurse- to- student ratio of 1: 750.
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The HA is responsible for maintaining individual student records that contain a medical
history, individual medical problems and immunization records. They also make sure
that all kindergarten and transfer students meet necessary immunization requirements.
Medications are stored in locked cabinets and refrigerators. In one office, student
medications were stored in an accordion folder inside a locked cabinet. Parental
permission requests are in files on counters/ desks, while all other medical records are in
locked file cabinets.
School Administration Student Information ( SASI) is a district- wide computer program to
gather student information. Training in the program was offered initially when the
program was installed. However, we heard from several HAs there has been no formal
training since. Some HAs use the computer more than others. All of them enter
immunization information into the computer, but some have difficulty with computers
and are not adept at printing out reports. The computer program is capable of allowing
entry of student visits and their health issues in a daily log but because some assistants
prefer, a hand written daily log continues to be used. These logs are taken to the
District Office monthly and copied. This is extra work that is repetitive and inefficient as
there is a computer program available that is designed to collect and transfer data
district- wide.
Each health office we visited has basic equipment such as a cot and blankets for ill
students to use during visits, a thermometer and disposable cups for fluids. There is a
bathroom either in the office, adjacent or near it. We saw a computer in each health
office. There is a refrigerator for medications, cold packs, juice and water for visiting
students. Two school refrigerators contained only those items. In the other
refrigerators there were various food items belonging to “ teachers and staff”. None of
the refrigerators were locked.
Regulations about co- mingling food and drugs in the same refrigerator were not readily
available from District personnel. On January 14, 2005 an “ Information Memorandum”
from Sue Stickel, Deputy Superintendent Curriculum and Instruction Branch, to the
State Board of Education was issued. 6 A consultant with California OSHA stated that
some regulations carry significant weight. 7 The regulations were written in vague
language, but the consultant stated, “ the interpretation would be food cannot be stored
in the same refrigerator with medications. The need to err is on the side of safety at all
times.”
Although CUSD has a formal Bloodbourne Pathogen Exposure Control Plan8 ( revised in
August 2005) to prevent injury and spread of disease, it does not talk about the actual
6 “ subject: Program Advisory on Medication Administration pursuant to California Code of Regulations
( CCRO Title 5, Article 4.1: Administration of Medication during the regular school day. This is a program
advisory issued pursuant to Education Code Section 33308.5, which provides non- binding
recommendations on administering medication to students ……” . “ Refrigerators that are used for
medication storage be kept locked, and their use be reserved exclusively for medication storage”.
7 Regulation 3203, # 7, Title 8, Section 6760 and Regulation 3368.
8 Provided by Manager – Maintenance and Operations
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disposal of sharps containers or biohazardous waste. Sharps containers and
biohazardous waste containers were present in the health offices visited. Informally,
sharps containers are sealed by the health assistant and delivered by the Safety and
Loss Control Coordinator to a Butte County Health Clinic for disposal. According to
HAs, biohazardous waste collection is done daily at each site by the custodian. Mission
Laundry provides school linens and they are also licensed to transport bio- hazardous
linens. In the event of unusual circumstances, the fire department and/ or emergency
medical technicians ( EMTs) are called and they take responsibility for hazardous waste
cleanup.
Urgent and emergency care needs are not routine at schools, but are always a
possibility and staff must be prepared to meet those needs. Examples of such needs
are severe allergy to a food ( e. g. peanut butter) or a bee sting. Epi- pens contain
potential life saving medication for children with severe allergies that could lead to life
threatening ( anaphylactic) shock. An epi- pen is a pre- loaded syringe with needle
attached, containing one pre- measured dose of epinephrine. This emergency
medication is kept in all schools west of the railroad tracks, where 9- 1- 1 calls may result
in a delayed response due to railroad traffic. The other local schools keep an epi- pen
only when a physician orders it for a specific student. Rural schools, such as Cohasset
and Forest Ranch, routinely keep epi- pens in their health offices. In the Special Needs
program the education aide assigned to a student with allergies carries an epi- pen and
benadryl in a small fanny pack. There is also an epi- pen locked in the Special Needs
classroom and one in the Special Needs health office for quick access when needed.
Any time an epi- pen is used 9- 1- 1 is called.
CUSD hired both a Director of Nutritional Services and a Nutrition Specialist in 2005.
The Nutrition Specialist provided a Carbohydrate Chart to every school to assist the
diabetic students with diet choices. If the school has a diabetic child, a Carbohydrate
Chart is displayed in the health office and a copy is forwarded to the parents. Schools
without diabetic students have the charts filed in the health office. Diabetic students
are usually medically independent and come to the health office to give their own
medication. The RN or LVN gives medications to students with diabetes who can’t give
their own, making a special trip to the school to provide that service if necessary.
Specialized health care is a component of federally mandated Special Education and
often an integral part of a student’s Individualized Education Plan ( IEP). “ Special Ed”
as it is widely known, is designed to give children from birth through age twenty- one
years with special needs an equal opportunity to learn. It takes many resources to fulfill
the requirements of this federally mandated program including physical care, education,
health care and financial resources. As a federally mandated program, the state and
local governments must pick up whatever the Federal Government does not pay. If
schools require a resource for special needs students, CUSD must find a way to
provide that resource even when it takes away from mainstream students/ programs.
During this investigation, we heard many times that Special Ed Programs were growing
every year due to many factors such as advanced health care provided at birth which
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‘ saves’ babies that would not have survived years ago. The program’s yearly growth
heavily impacts school districts.
Special Education is offered to individuals with a variety of disabilities that range from
congenital anomalies to speech impairments and brain injuries. Every student in the
special needs program has an IEP specifying the type and amount of extra help they
will get. CUSD has 1300 students in special education, which represents about 10% of
the CUSD population. A team of parents, teachers, counselors, therapists and nurses
meet periodically to update the plan. The special needs health program is in a state of
transition. It was formerly run by the county and now by CUSD. Teachers and
education aides who were responsible for much of the care in the classrooms under the
county system are now encouraged by the RNs to take the children to the health office
for medical care.
All of the schools provide health care for special needs students. Loma Vista School is
a specialized environment where the majority of the enrollees have special needs. Any
child is eligible to be enrolled in school, even though some are developmentally only
five ( 5) months of age. Medical treatments required by some of the special needs
students are catheterization, lavage, gastrostomy tube feeding, diabetic care, and
seizure treatment. One full- time RN is at Loma Vista while another RN has an office
there but also services the special needs students in the other schools.
Throughout the district there are three classrooms for emotionally disturbed students.
This service is part of the Special Needs program. The classrooms are at Rosedale
Elementary, Chico Junior High and Pleasant Valley High School. There is a fourth
classroom at Loma Vista that is operated by the Butte County Office of Education.
Hearing- impaired students are special needs students and are transported, with
younger ones going to Oroville and older ones going to either Pleasant Valley High
School or Chico Junior High School. Visually impaired ( normally low vision) students
are in a county program for special needs students and the students are mainstreamed
into the regular classrooms. If they are legally blind, they have their own education
aide. They are given assistance with materials and mobility.
For years, parents, teachers and pediatricians have been concerned about the weight
of textbooks and the long- term effect on children having to carry heavy books. All types
of backpacks and rolling packs have been designed to carry books and other
paraphernalia children insist upon carrying. When we saw that Education Code 494159
addressed weight of textbooks carried to and from school and was implemented July 1,
2004 we thought the solution had been provided. However, we were concerned that
the health office staff, principals and administrators were not aware of the maximum
weight standard for books. After research the Administrative Office responded. 10 We
9 Information found at www. cde. ca. gov/ ci/ cr/ cf/ txtbkwght. asp Assembly Bill 2532 required the State
Board of Education ( SBE) to adopt weight standards for elementary and secondary school textbooks by
July 1, 2004. SBE complied with Ed Code 49415. Last modified 9/ 14/ 2005.
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also talked with a representative from California Department of Education and he sent a
summary. 11 That summary stated the weight standard is for individual books and not
the total weight of required textbooks. However, we heard from several administrators
and principals that plans are being implemented to make two sets of books available,
one for each student to take home, and a set for each classroom. Some schools
already have instituted this and are now discussing books on computer disks. They
have great hopes that this will prevent the children from carrying heavy books and
possibly injuring themselves.
The main office staff and teachers receive some basic health training from the
Registered Nurse. The office staff takes care of student health needs when the RN or
health assistant is not available.
The Grand Jury members noted, when making visits to the school sites, that many
personnel and students were wearing coats inside the schools. In talking with an
Assistant Administrator, we were told the schools thermostats are set for 68 degree
heating and 78 degree cooling. The Manager – Maintenance and Operations, verified
the settings. According to the Director of Pupil Personnel Services, the temperature
setting information has not been given to parents so they can make sure their child is
dressed appropriately. On three ( 3) separate visits to the district offices the Grand Jury
found the temperature to range in the 70s. A weather graph12 was obtained for March
2006 and those outside high temperatures of the day are recorded on the days of the
visits.
Temperatures: 13
• 3/ 21/ 06 - outside high temperature 46 F
Administrative Assistant’s office at 2: 50 p. m. - 73.9 F
Assistant Administrator’s office at 3: 20 p. m. - 72.6 F
• 3/ 22/ 06 – outside high temperature 44 F
Administrative Assistant’s office at 3: 00 p. m. - 72.5 F
In a conference room at 3: 10 p. m - 74.2 F
• 3/ 27/ 06 – outside high temperature 52 F
Superintendent’s office at 9: 30 a. m. - 70.1 F
Health care in the schools visited is safe and appropriate and processes are in place for
urgent and emergency situations. The offices have basic equipment including sharps
10 “ district personnel are following the textbook adoption cycle promulgated by the
California Department of education and will consider the requirements outlined in
Education Code 49415 as new textbooks are recommended to the CUSD Board of
Education for adoption. This is the first year that the district will purchase new
textbooks since the requirements of Education Code 49415 have been in place.”
11 “ Textbook Weight in California, Summary of the State Board of Education action.”
12 KCACHICO2 Weather Graph for March 2006
13 Taken with Infrared Thermometer model # 480742, Class II Laser Product with FDA radiation
performance standard 21. Brand ALL TRADE.
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and bio- hazardous waste containers available for student care and data recording.
Special accommodation is provided for nurses to travel to various schools to give shots
to students when needed.
Special needs health care was not reviewed in depth, nor compared with the regular
health care for this report. Providing health care to some special needs students is
necessary but labor intensive and time consuming. It takes an enormous amount of
patience, physical care, education, health care and financial resources to fulfill the
federal mandate for special needs students. It is a federally mandated program and the
state and local governments must pick up whatever the Federal Government does not
pay. If Loma Vista requires a resource, CUSD must find a way to provide that
resource.
Special needs students range from three ( 3) through twenty- one ( 21) years of age, with
a variety of capabilities and body functions ranging from a five- month old to age
appropriate within the public school system. The Grand Jury saw older children with
the physical and mental capabilities of infants, including the need for all facets of infant
care.
Commendation
CUSD deserves credit for their response to the Emma Wilson parent who appeared
before the Board of Trustees with a concern that food values were not listed on weekly
menus. Carbohydrate Charts were provided to school health offices to facilitate diet
choices and are displayed or filed in the health office.
The health staff is commended for the warm and child friendly atmosphere in the health
offices visited. Although the health office areas vary in size and suitability from school
to school, the warmth and child friendly atmosphere helps the children feel at ease
when they visit. A lot of time and personal effort have gone into the décor at the six
sites visited. Children appear to have their health needs safely and adequately met by
caring staff at the schools.
Findings
1. The school- nurse- to- student ratio is 1: 3000 whereas the National Association of
School Nurses recommends a ratio of 1: 750.
• The Health Aide is not available the entire time elementary school children
are on campus.
• Requirements for HAs are minimal for the responsibilities they have.
• Office staff and teachers receive minimal training to assist students when
the RN and HA are not available.
2. There is a Bloodbourne Pathogen Exposure Control Plan, but there are no
written procedures for sharps and biohazardous waste disposal.
3. Not all HAs are proficient in using SASI.
4. There was food co- mingled with medications in refrigerators in some offices.
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5. Special needs health care for students is complex, complicated and federally
mandated.
6. School thermostats are set for 68 F heating while district offices were several
degrees warmer.
Recommendations
1. Evaluate health care needs in the schools and available staffing yearly.
Increase or decrease staffing as evaluation indicates. Offer Health Aides
education opportunities.
2. Develop a formal written procedure for disposal of sharps containers and
biohazardous waste and include the document in the Bloodbourne Pathogen
Exposure Control Plan. File the plan at the district office.
3. Provide periodic re- training for HAs on the computer program, SASI.
4. Lock refrigerators used for student medications; segregate student drugs from
employee foods and drinks; store students’ medications in a well- labeled, easily
recognizable container in a locked cabinet.
5. Conduct in- service training for administrators, teachers and support personnel
district- wide, about the impact of integrating special needs students into regular
classrooms.
6. Best efforts should be made for all CUSD facilities to meet applicable heating
and cooling standards district wide.
7. Make heating and cooling standards known to parents so they can take pro-active
measures to dress their children accordingly.
Response Required ( Penal Code 933 & 933.05)
Chico Unified School District Board of Trustees
Superintendent of CUSD
Director Pupil Personnel Services
Director Classified Human Resources
Manager – Maintenance and Operations
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BUTTE COUNTY SCHOOLS : 2005/ 06 BUTTE COUNTY GRAND JURY FINAL REPORT
CHICO UNIFIED SCHOOL DISTRICT
DISPOSITION OF SURPLUS EQUIPMENT
Reason for Visit/ Investigation
Grand Jury members first heard about disposal of school owned surplus equipment at a
Chico Unified School District ( CUSD) Board of Trustees meeting on October 5, 2005.
The agenda listed surplus items and the attached documentation revealed a number of
items. The Grand Jury wanted to know the procedure that is used when equipment
becomes surplus.
Background
On October 6, 2005 the Grand Jury called the Director – Fiscal Services and asked to
see the equipment that had been approved to become surplus. We were told that the
equipment had already been removed from sites to the Maintenance and Operations
Yard or to Computers for Classrooms. The removal was done before the Board of
Trustees declared the equipment surplus. The Grand Jury requested information from
the Director of Fiscal Services on how equipment is classified as surplus, what happens
to it afterwards, and asked to be involved in reviewing the equipment before it was
voted on and approved by the Board as surplus equipment. On February 15, 2006, the
Grand Jury found another request for surplus equipment on the agenda for the Board
meeting and was surprised they had not been notified.
Computers for Classrooms, a local non- profit computer reclamation business, receives
donations of computers from large and small businesses and individuals. The
volunteers in the organization refurbish the computers, and every piece of equipment is
recycled in some way. CUSD has a consultant contract with the Director of Computers
for Classrooms and CUSD has first choice of the latest model computers for the
classrooms and teachers at no cost.
Investigation
The Grand Jury investigation began by determining the people responsible for surplus
equipment and making appointments to interview them. We interviewed:
• Director – Fiscal Services
• Director of Information Technology
• Manager – Maintenance and Operations
• Two Board of Trustee Members
• Contract Consultant at Computers for Classrooms
• Volunteer Coordinator at Computers for Classrooms
According to the Director – Fiscal Services, surplus equipment comes from all CUSD
sites. Each school makes a determination of what is surplus from their site. The
procedure starts with the completion of a four- part form that is an Inventory and
Equipment Data Sheet ( BS 19). That form is sent to the Business Office where it is
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approved, signed and given a District number ( D number). Once the form is approved it
is separated and two copies go back to the site with appropriate color coded stickers.
The items cannot be removed from the sites until the sites have the form and a sticker
for each computer. All surplus equipment is handled the same to this point.
For all equipment, except computers, the Business Office generates a manifest and
sends it to Maintenance and Operations. At that time, Maintenance and Operations
schedules the specific date for equipment pick up. Dates for pick up of surplus
equipment are usually scheduled quarterly. According to the Maintenance and
Operations Manager all equipment that is listed on a driver’s manifest must be included
on the load or verified with site personnel as to why it is not included in the pick up.
The equipment is picked up from school sites and either transferred to another site or
brought to the corporation yard and then the manager takes pictures of the items. Ed.
Code 17546 regulates the disposal of the equipment. The manager determines through
the auctioneer what is saleable. The auctioneer takes those items, and once auctioned,
sends CUSD a check. The Grand Jury was told that occasionally an off site yard sale is
held. The remaining items are donated to a charitable organization or disposed of at
the landfill.
Computer equipment is disposed of in a different manner. When the BS 19- Request for
Approval for Disposal of Surplus Equipment is returned to the school site, along with
blue stickers to be attached to each computer. Once computers are determined surplus
and have the paper work, they can be delivered to Computers for Classrooms by site
personnel, Maintenance and Operations or occasionally picked up by Computers for
Classrooms. Computers without accompanying blue stickers will not be accepted by
Computers for Classrooms. However, Computers for Classrooms does not physically
count the computers because they are donations and there are large quantities coming
from many organizations. They do, however, count the monitors because they contain
cathode ray tubes that must be recorded and tracked according to California SB 20 and
SB 50 and Federal Code 40CFR265.70 through 265.7714. Computers for Classrooms
determine which computer equipment can be repaired and made available for use, and
which must be disposed of by some method of recycling.
During the investigation, we were contacted by a parent from Shasta School and told
there were two pallets of computers sitting out in the rain. There were pictures taken on
March 12, 2006 of the computers by a Grand Jury member. Grand Jury members
watched in a random manner for a three- week period and when it appeared that the
computers were not removed, they contacted a Board member of CUSD. They met
with the member of the Board at the school on April 4, 2006. The Grand Jury was
concerned about the wet computers and potential destruction of reusable equipment,
but more importantly about sensitive student and personnel information theft. The
14 Electronic waste recycling Act of 2003 ( SB 20) signed into law September 24, 2003; amended by SB
50 on September 29, 2004;
Federal Code may be accessed at www. envsci. rutgers. edu/` Strin. hazwaste/ 40CFR265- pfs. pdf
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BUTTE COUNTY SCHOOLS : 2005/ 06 BUTTE COUNTY GRAND JURY FINAL REPORT
member of the Board informed us that this was the second time that he had seen
computers sitting out in the weather and easily accessible for theft, and said he thought
the issue had been addressed on the first occasion by the former superintendent in a
memo to all school sites.
When the Grand Jury initially conducted a cursory physical inspection of these
computers, there were no appropriate color- coded ( blue) stickers attached to indicate
they were surplus. Upon examining the pictures, it was apparent that the computers in
the pictures were different than the computers observed by the Grand Jury and the
Board member. The pictures showed some computers clearly marked with blue
stickers but not on pallets. From the pictures, it was confirmed that at least two
separate stacks of computers had sat in the rain during the three- week period. Even
though the surplus computers have no value to CUSD, they can often be refurbished for
local classroom use or shipped to Canada and/ or third world countries by Computers for
Classrooms.
Under the current operating procedure, if twenty computers leave a site and only fifteen
arrive at Computers for Classrooms there is no way to know where the other five
computers are and what kind of student or personnel information is on them. The
Grand Jury was unable to find a policy or procedure for specifically handling computer
equipment including protecting potentially sensitive information on students and staff
that might be on the computers. There is no manifest generated for the computers and
no tracking from CUSD to Computers for Classrooms.
The Grand Jury understands that the sensitive information is erased using federally
approved methods at Computers for Classrooms. According to the Consultant
Agreement between Computers for Classrooms and CUSD there is no confidentiality
clause regarding the security of sensitive information. The Board member shared that
during the 2004/ 05 school year, a similar stack of surplused computers was found at
another school. At that time a hard drive was removed and found to contain student
information. The “ out of sight out of mind” attitude of school site personnel leaves
students and staff open to invasion of privacy. When surplus computers are left in
vulnerable storage areas the chain of custody is broken.
The Director of Fiscal Services told the Grand Jury that equipment of less than a $ 500
value is not tracked; that equipment is removed from sites before the Board of Trustees
declares it surplus for safety reasons and to avoid theft. Holding surplus equipment in a
locked, open topped, outside storage area would indicate that theft is not a real
concern. However, it is reasonable to assume that if someone were caught removing a
piece of the surplus equipment, the proper authorities would be notified.
Commendations
We commend Computers for Classrooms for partnering with CUSD to bring free, late
model refurbished computers to classrooms, students, teachers and other personnel. It
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is acknowledged that donations and the tireless efforts of the consultant and volunteers
are behind the success of this program. The benefits are vast and far- reaching.
Findings
1. There is no prescribed chain of custody from site of use to disposal site for
computer CPU/ memory storage devices.
2. An incomplete disposition process for surplus equipment is in place:
• A manifest for computers is developed only when Maintenance and
Operations personnel delivers them
• Surplus equipment is not treated or valued equally
• Surplus equipment does not remain on the books until the Board approves
the surplus equipment list
• The number of surplus computers is determined but not tracked.
3. Surplus equipment is disposed of on a scheduled basis with or without Board
approval.
4. Computers determined to be surplus by individual schools are not stored in a
safe environment.
Recommendations
1. Develop a chain of custody procedure for all data found on hard drives or other
types of digital storage devices to prevent unauthorized access to student,
teacher, or employee private information.
2. Review and revise the surplus equipment policy and procedure to include:
• Computer equipment
• Have all surplus equipment handled by the same process
• Surplus equipment should remain on the books until the Board approves
the surplus equipment list
• Hold equipment at Maintenance and Operations until Board approval for
disposal is received.
3. Approval of the Board for equipment determined surplus should be required
before the equipment leaves the Maintenance and Operations storage by any
disposal method.
4. Surplus equipment pick- ups should be arranged so equipment is not left outside
at individual sites.
Response required ( Penal Code 933 & 933.05)
Chico Unified School District Board Of Trustees
Superintendent, Chico Unified School District
Director of Fiscal Services, Chico Unified School District
Manager– Maintenance and Operations, Chico Unified School District
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CHICO UNIFIED SCHOOL DISTRICT
ASSOCIATED STUDENT BODY FUNDS
Reason for Visit/ Investigation
Members of the 2005/ 06 Butte County Grand Jury began attending Chico Unified
School District ( CUSD) Board of Trustee meetings in August 2005. The purpose was to
monitor Associated Student Body ( ASB) financial activities identified as problem areas
by the Grand Jury Final Report of 2004- 2005. An agenda item for the program Ancient
Artifacts caught the attention of the Grand Jury. It was to be offered at one school for all
7th grade classes and paid for with ASB funds. The Grand Jury questioned if this was
legal according to the California State Education Code.
On other agendas were three requests to conduct magazine drives with the proceeds
split between ASB and the Parent Teacher Student Organizations ( Parent Teacher
Student Organization or PTSO, Parent Teacher Student Association or PTSA, and
Parent Teacher Association or PTA). The percentage for the split of proceeds at the
schools were dramatically different and the Grand Jury members wanted to know why
the disparity.
Background
In the 2004– 2005 Butte County Grand Jury Final Report, two reports – “ Students Get
What They Pay For” and “ Marsh Junior High School Follows the Money” detailed
investigations of ASB funds within CUSD. After attending the Board of Trustee
meetings, the Grand Jury’s interest focused on the program, Ancient Artifacts and the
magazine drives which are the major fund- raisers at all three Jr. High Schools. The
Grand Jury wanted to know:
• What was the Ancient Artifacts program?
• How was the program presented to the ASB students?
• Was the program curricular or extra- curricular?
• Why did the percentage of splits from the proceeds of the magazine drive differ
for each school?
• Did CUSD make improvements in the ASB process?
Investigation
Grand Jury members interviewed:
• Superintendent of CUSD
• Two ( 2) Board Of Trustee members
• Assistant Superintendent – Educational Services
• Director Fiscal Services
• ASB Directors at three ( 3) junior high schools
• ASB Account Tech at a high school
• PTSO Co- Presidents ( 2)
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• Independent auditor hired by CUSD in 2004- 2005
When the Grand Jury interviewed people, approximately 50%, including one Board
member, felt that the 2004- 2005 Grand Jury report was a good thing because it
“ opened a can of worms that needed to be opened”. The others felt that the report
did a great disservice to the children and teachers. Many student activities that had
become common practice were curtailed for fear of not meeting the legal and fiscal
constraints. Frequently heard from staff was “ we had wonderful programs and the
children can no longer have them because the schools are afraid they are going to
do something wrong”. The Assistant Superintendent of Educational Services and
Director of Fiscal Services both felt the report made CUSD pay attention to things
that should have been done without the report. There has also been a lot of staff
education that otherwise would not have occurred; a heightened awareness by
administration and site principals and a restructuring of documents that go to
parents. There is also better communication between the ASB Account Tech and
Fiscal Services.
After the 2004- 05 Grand Jury report was released, the CUSD Board of Trustees
directed staff to draw up guidelines for ASB before the 2006- 2007 school year. The
ASB Practice ( Draft 9/ 20/ 05) and Fundraising Practice ( Draft 9/ 20/ 05) were included
in the Responses to the 2004- 2005 Grand Jury Final Report. A Board member said
that the changes make it difficult for CUSD and students now, but it will work out for
the better. It is believed by the Board member that other school districts are
watching to see what comes of the actions taken on the report and a Board of
Trustees member hopes CUSD will become a model for other school districts.
On November 28, 2005 the Grand Jury interviewed the new superintendent. With
regard to the handling of ASB funds, he stated he was used to having a receipt for
any money received. He said what was needed, and one of the biggest challenges
for all ASB organizations, was to have the right number of eyes in money
transactions. This is not an unusual observation. The independent auditor hired by
CUSD to audit ASB funds found that at one school during the 2004- 05 school year
the bookkeeping was not clear or handled safely. He further stated that a
standardized policy and procedure on the handling of money within ASB
organizations is needed.
The Grand Jury found that in all schools visited the principals and student activity
directors had attended seminars conducted by Fiscal Crisis Management Assistance
Team ( FCMAT) and all the schools have FCMAT guidelines. The Activity Directors
told us the accounting systems for ASB had been updated and were similar.
However, the Director of Fiscal Services stated that all ASB groups are on the same
accounting system and are closer to having a common chart of accounts. They are
using EPES software, a program designed for activity accounting. But the Grand
Jury found that tracking money from fund- raisers and the monies collected for ASB
activities are still handled in an inconsistent manner. The Grand Jury observed that
one Jr. High school was now using standard accounting practices of double counting
and having deposits made by a second party.
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Prior to the 2004- 05 Grand Jury Report, ASB funds were being spent on salaries for
Account Techs and substitute teachers. As a result of the 2004- 05 Grand Jury
report, and FCMAT trainings, the salary payments were refunded to ASB accounts.
However in an interview on April 10, 2006, the Assistant Superintendent of
Education Services and Director of Fiscal Services both said that substitute teacher
salaries could be paid from ASB funds when the primary teacher was at an ASB
function. An e- mail received on April 25, 2006 from the Director of Fiscal Services to
the Grand Jury says, “ our attorney indicated the issue of paying for substitutes of
ASB Advisors out of ASB funds is problematic and therefore I will contact the
secondary schools accordingly.”
The ASB can vote to split the proceeds of their fundraisers in any percentage they
want which surprised a Board member, as it did the Grand Jury. A Board member
and the Assistant Superintendent of Educational Services both said that when
consent forms for ASB fundraisers go before the Board it is for the most part
routinely approved as long as it is signed off by all the appropriate parties and has a
clear explanation about the request. One Board member specifically looks for a
student signature. The Superintendent and Board president determine which items
are placed on the agenda.
A PTSO fund- raiser at Marsh Jr. High School supports a computer/ photography
class where students take pictures, print them, offer them for sale and collect the
checks and turn them in to PTSO. The classroom teacher then is able to submit bills
for supplies to PTSO for reimbursement. At the time of the interview, PTSO had
$ 10,000 of computer/ photography class money in their bank account, controlled by
parents. According to the PTSO co- presidents “ all the money is used to pay for the
computer lab supplies and repairs for picture taking purposes in the future”. It is a
great technology- learning program, according to PTSO/ parents, and they wonder
why other schools don’t take advantage of the experience. However, the Grand Jury
is concerned about PTSO acting as the computer/ photography lab bank. Even
though parent- teacher organizations and associations are organized and chartered
to work for the benefit of youth, it begs the question as to who is ultimately
responsible if money is improperly managed? According to Education Code 48937,
CUSD is responsible for the supervision for all funds raised.
It is the opinion of the Assistant Superintendent of Educational Services and the
Director of Fiscal Services that FCMAT gave them contradictory information about
ASB, so an attorney from Southern California was hired for a second opinion.
Whenever they posed a question, the attorney would take a long time to provide an
answer and then provide it in the form of a brief. This time- consuming process was
too cumbersome, so they sought and hired an attorney from Sacramento who is well
versed on the subject. They feel there is definitely a conflict in laws and the way
schools handle ASB funds. They both stated that there is never a week that goes by
without some question coming up that they must refer to the attorney for an answer.
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The Director of Fiscal Services feels it is not possible for any one person at CUSD to
know all the answers about ASB.
In interviews with ASB activity directors they stated that they are adjusting to the
new FCMAT guidelines. The Bidwell Junior High School principal and ASB activity
director were not nearly as traumatized by the guidelines as other schools, because
they began making changes as a result of attending a FCMAT training session in
2000. They also developed an ASB request form with acceptable uses clearly
spelled out as a guide for those considering a request of the ASB organization.
The activity directors, at all the schools visited, wished they had good directives to
follow about ASB funds. They feel that they must ask the principal who must ask
someone else for every little question they have. At least one activity director
developed ASB voting and tracking records because there were none at that school.
Some activity directors feel that the grand jury report caused changes but they have
been “ too little, too late”. One activity director stated that things were best when they
were straightforward; that some decisions make people devious or subversive and
that is what the report did; “ almost immediately some people were looking for
loopholes and how to beat the decisions by cleaning up the language to make it
seem legal.”
A student activity director told the Grand Jury that the Ancient Artifacts consultant
agreement was for a presentation for each 7th grade class, and it coincided with the
study of the Roman Empire as an extracurricular activity. It was presented to the
ASB student government and they approved it to be paid out of ASB funds. This
was the first year for the presentation. The program is presented by the consultant
who wears a facsimile of old Roman Clothing and discusses artifacts that he brings
to class and their purpose and use in society. The students learned a great deal and
it will most likely be considered for funding in the next school year.
In an April 10, 2006 interview with the Director of Fiscal Services the Grand Jury
asked what he thought was the single most important thing that could happen in
regard to ASB. He said, “ I would like for the state to come out with a single set of
guidelines for every school in the state and clearly delineate what they can and can’t
do.” In summary, the Grand Jury feels that the majority of the teachers and staff
working with ASB at the Jr. High and High Schools are dedicated and have the best
interest of youth at heart. There is a great amount of energy and time put into
student activity projects.
In summary, the Grand Jury found:
• In all schools visited, the principals and activity directors attended FCMAT
seminars on ASB management.
• All the schools have the FCMAT guidelines.
• All ASB organizations are on the same accounting system.
• ASB can vote to split the proceeds of their fundraisers in any percentage they
want.
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• The Director of Fiscal Services and Assistant Superintendent of Educational
Services feel that FCMAT gave them contradictory information about ASB
and hired an attorney with ASB experience.
• Ancient Artifacts program was to enrich the curricular study of the Roman
Empire.
• CUSD has made improvements in the ASB process and is currently operating
on temporary guidelines.
Commendation
The Grand Jury commends the Bidwell Junior High School Principal and ASB Activity
Director for immediately beginning to change processes after attending their first
FCMAT training session in 2000 where they discovered that they were not in
compliance with guidelines.
Findings
1. Tracking money from fundraisers and other money collected for ASB activities is
still handled in an inconsistent manner.
2. There are insufficient processes developed for consistent ASB money handling
at CUSD schools.
3. The independent auditor hired by CUSD found ASB money is not handled safely.
4. A PTSO was acting as a bank for the computer/ photography class.
5. Some schools have made clear efforts to establish workable and legal processes
without clear direction from administration.
6. CUSD contends that the FCMAT and State of California guidelines for handling
ASB funds lack clarity and consistency.
Recommendations
1. CUSD Administration should develop and implement a standardized paper trail
for tracking ASB funds, for example triplicate forms.
2. CUSD Administration should continue to refine the overall ASB process and
develop guidelines for the ASB Activity Directors, principals and the Parent
Teacher Organizations or Associations at each school site.
3. CUSD should take all steps necessary to ensure compliance with Education
Code 48937, which requires that CUSD be responsible for all funds raised.
4. In the absence of consistent State policy, CUSD should implement accounting
standards and controls for ASB money handling practices.
Response required ( Penal Code 933 & 933.05)
CUSD Board Of Trustees
Superintendent of CUSD
Assistant Superintendent – Educational Services
Director Fiscal Services
BUTTE COUNTY LAW ENFORCEMENT : 2005/ 06 BUTTE COUNTY GRAND JURY FINAL REPORT
2005/ 06 BUTTE COUNTY GRAND JURY FINAL REPORT
LAW ENFORCEMENT IN BUTTE COUNTY
CHICO POLICE DEPARTMENT HEADQUARTERS
PARADISE POLICE DEPARTMENT HEADQUARTERS
LAW ENFORCEMENT IN BUTTE COUNTY C- 2
TASERS AND TASER USE IN BUTTE COUNTY C- 8
CHICO POLICE DEPARTMENT C- 11
BUTTE COUNTY EMERGENCY OPERATIONS EXERCISE C- 19
OFFICER INVOLVED SHOOTINGS/ CRITICAL INCIDENTS PROTOCOL C- 22
BUTTE COUNTY LAW ENFORCEMENT : 2005/ 06 BUTTE COUNTY GRAND JURY FINAL REPORT
BUTTE COUNTY JUVENILE COURT
“ This Is Juvenile Hall”
a poem by a Table Mountain School student
Long sleepless nights,
Waking to a flash of bright light.
Half asleep in the three minute shower,
The lotion here smells like ugly flowers.
Get dressed and make your bed,
In the next hour you will be fed.
Brush your teeth and go to school,
Don’t be foolish and break the rules.
You study hard to get good grades,
While all your outside memories fade.
This is your new home,
You feel so alone.
This is your new life,
Here you don’t eat with a fork or knife.
This is juvenile hall.
Dava
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BUTTE COUNTY LAW ENFORCEMENT : 2005/ 06 BUTTE COUNTY GRAND JURY FINAL REPORT
LAW ENFORCEMENT IN BUTTE COUNTY
Reason for Visit/ Review
The Grand Jury set out to conduct a review of Law Enforcement in Butte County. Our
goal was to be able to report to the community that the 2005/ 2006 Grand Jury had
made a careful examination of as many areas of Law Enforcement as could be
reasonably accomplished.
Background
The Grand Jury is charged to review detention facilities in the County each year. The
Grand Jury visited the County Jail multiple times and Juvenile Hall twice. We also
visited every Butte County facility where a subject can be held in confinement. It should
be noted that the Grand Jury was welcomed on each visit. To the best of our
knowledge we were never denied access or information.
We made one or more unannounced visits to:
• Oroville Police Department
• Paradise Police Department
• Butte County Jail
• Butte County Juvenile Hall
• Chico Police Department
• Gridley- Biggs Police Department
• Butte County Court holding cells
• Butte County Mental Health Facility
• California State University Chico Police Department
• Butte County Sheriff’s Substation Chico
We made one or more arranged visits to:
• Chico Police Department
• Butte County Jail
• Butte County Juvenile Hall
• Butte County Sheriff’s Department
• Department of Justice Crime Laboratory in Butte County
• District Attorney’s Investigators, Oroville
Investigation/ Review
California State Department of Justice
During the Grand Jury’s review of the Butte County Shooting Protocol Team, the Grand
Jury toured the Department of Justice Bureau of Forensics Services ( DOJ). This facility
handled, examined, and processed evidence in the four officer- involved shootings in the
city of Chico as well as other incidents in Butte County and surrounding counties. The
Criminalist Supervisor explained the function of the DOJ and the role that it plays as a
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BUTTE COUNTY LAW ENFORCEMENT : 2005/ 06 BUTTE COUNTY GRAND JURY FINAL REPORT
participant in the Butte County Shooting Protocol Team. The DOJ also provides drug
identification test kits and training for local law enforcement agencies on how to use
them in the field.
Juvenile Hall
Grand Jury members toured the Juvenile Hall both announced and unannounced. We
found it to be a modern, clean, and well managed institution. For many of the Grand
Jurors this was their first exposure to the Juvenile Justice system. The staff was clearly
invested in providing education and behavior modification for all young offenders.
The facility, first opened in November 2003, has six wings, described as pods, each
capable of housing up to 20 juveniles. Throughout 2005, three pods were occupied with
an average occupancy of 53.67.
Grand Jury members learned that while the recidivism rate ranges from 25 to 30
percent, roughly 85 percent of first time probation intake juveniles would not be seen
again. The average stay is 14 days for males and 11 days for females. A weekend
work program is available for juveniles with minor violations.
Video conferencing equipment is available at Juvenile Hall for use when a preliminary
hearing with an off- site Superior Court Judge is appropriate.
All juveniles receive health screening during the initial booking process. By policy,
California Code of Regulations Title 17, they are screened for communicable diseases
during the initial booking process, a health appraisal or during sick call. This includes
Chlamydia and Gonorrhea. During 2005, there were 26 confirmed cases of
communicable diseases requiring treatment/ case management and reporting.
Four certificated teachers provide year around education in the Juvenile Hall Table
Mountain School. Each teacher has one aide and there is one Resource Specialist for
special placements and Individualized Education Plans ( IEP). According to one of the
teachers interviewed, Table Mountain School provides 310 minutes of instruction per
day, exceeding the state minimum requirement of 240 minutes per day.
On display in one of the classrooms was an art exhibit demonstrating the remarkable
talent of several of the students. Also of note was a 96- page book authored by the
students of Table Mountain School titled “ Unlocked Thoughts”, “ An Anthology of Poetry
and Art.” This book, made possi