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SUPERIOR COURT OF CALIFORNIA
COUNTY OF BUTTE
One Court Street
Oroville, CA 95965- 3303
( 530) 538- 7611
June 28, 2002
2001- 2002
BUTTE COUNTY GRAND JURY
FINAL REPORT
The Grand Jury Final Report has been filed on this date pursuant to Penal Code
Section 933. A copy of the report is enclosed. Your attention is invited to the
following code section regarding the time requirements for comment to the report.
PENAL CODE SECTION 933
§ 933. Report of findings and recommendations; Comment by governing body of
agency and by mayor.
( a) Each grand jury shall submit to the presiding judge of the superior court a final report
of its findings and recommendations that pertain to county government matters during the
fiscal or calendar year. Final reports on any appropriate subject may be submitted to the
presiding judge of the superior court at any time during the term of service of a grand
jury. A final report may be submitted for comment to responsible officers, agencies, or
departments, including the county board of supervisors, when applicable, upon finding of
the presiding judge that the report is in compliance with this title. For 45 days after the
end of the term, the foreperson and his or her designees shall, upon reasonable notice, be
available to clarify the recommendations of the report.
( b) One copy of each final report, together with responses thereto, found to be in
compliance with this title shall be placed on file with the county clerk and remain on file
in the office of the county clerk. The county clerk shall immediately forward a true copy
of the report and the responses to the State Archivist who shall retain that report and all
responses in perpetuity.
( c) No later than 90 days after the grand jury submits a final report on the operations of
any public agency subject to its reviewing authority, the governing body of the public
agency shall comment to the presiding judge of the superior court on the findings and
recommendations pertaining to matters under the control of the governing body, and
every elected county officer or agency head for which the grand jury has responsibility
pursuant to Section 914.1 shall comment within 60 days to the presiding judge of the
superior court, with an information copy sent to the board of supervisors, on the findings
and recommendations pertaining to matters under the control of that county officer or
agency head and any agency or agencies which that officer or agency head supervises or
controls. In any city and county, the mayor shall also comment on the findings and
recommendations. All of these comments and reports shall forthwith be submitted to the
presiding judge of the superior court who impaneled the grand jury. A copy of all
responses to grand jury reports shall be placed on file with the clerk of the pub lic agency
and the office of the county clerk, or the mayor when applicable, and shall remain on file
in those offices. One copy shall be placed on file with the applicable grand jury final
report by, and in the control of the currently impaneled grand jury, where it shall be
maintained for a minimum of five years.
( d) As used in this section " agency" includes a department.
PENAL CODE SECTION 933.05
§ 933.05. Responses to grand jury reports
( a) For purposes of subdivision ( b) of Section 933, as to each grand jury finding, the
responding person or entity shall indicate one of the following:
( 1) The respondent agrees with the finding.
( 2) The respondent disagrees wholly or partially with the finding, in which case
the response shall specify the portion of the finding that is disputed and shall
include an explanation of the reasons therefor.
( b) For purposes of subdivision ( b) of Section 933, as to each grand jury
recommendation, the responding person or entity shall report one of the following
actions:
( 1) The recommendation has been implemented, with a summary regarding the
implemented action.
( 2) The recommendation has not yet been implemented, but will be implemented
in the future, with a timeframe for implementation.
( 3) The recommendation requires further analysis, with an explanation and the
scope and parameters of an analysis or study, and a timeframe for the matter
to be prepared for discussion by the officer or head of the agency or
department being investigated or reviewed, including the governing body of
the public agency when applicable. This timeframe shall not exceed six
months from the date of publication of the grand jury report.
( 4) The recommendation will not be implemented because it is not warranted or
is not reasonable, with an explanation therefor.
( c) However, if a finding or recommendation of the grand jury addresses budgetary or
personnel matters of a county agency or department headed by an elected officer, both
the agency or department head and the board of supervisors shall respond if requested by
the grand jury, but the response of the board of supervisors shall address only those
budgetary or personnel matters over which it has some decision making authority. The
response of the elected agency or department head shall address all aspects of the
findings or recommendations affecting his or her agency or department.
( d) A grand jury may request a subject person or entity to come before the grand jury for
the purpose of reading and discussing the findings of the grand jury report that relates to
that person or entity in order to verify the accuracy of the findings prior to their release.
( e) During an investigation, the grand jury shall meet with the subject of that investigation
regarding the investigation, unless the court, either on its own determination or upon
request of the foreperson of the grand jury, determines that such a meeting would be
detrimental.
( f) A grand jury shall provide to the affected agency a copy of the portion of the grand
jury report relating to that person or entity two working days prior to its public release
and after the approval of the presiding judge. No officer, agency, department, or
governing body of a public agency shall disclose any contents of the report prior to the
public release of the final report.
2001- 2002 Butte County Grand Jury Final Report
TABLE OF CONTENTS
Foreperson's Letter to the Presiding Judge ........................................................................... i
Grand Jury Members............................................................................................................ ii
Final Resolution.................................................................................................................. iii
Grand Jury Statement.......................................................................................................... iv
Acknowledgements.............................................................................................................. v
A Brief History and Overview of the Grand Jury............................................................... vi
Final Reports
Audit/ Finance & Administration
Butte County Auditor- Controller .................................................................................... 1
Butte County Auditor- Controller– Travel Reimbursement Policy .................................. 3
Accounting Procedures for Grants .................................................................................. 6
Investigators For Public Defenders ................................................................................. 9
City Government
Town of Paradise
Downtown Revitalization Master Plan.................................................................... 13
Projected Retir ement Related Attrition of Town Administrators............................ 20
Emergency Notification System.............................................................................. 23
County Offices
Butte County Board of Supervisors............................................................................... 26
Butte County Information Systems and Communications Services.............................. 33
County Veterans Service Office .................................................................................... 36
Districts & Commissions
Rock Creek/ Keefer Slough Flood Control Project ........................................................ 39
Butte County Fire Department– Upper Ridge Fire Protection....................................... 46
Butte County Local Agency Formation Commission................................................... 48
Emergency Services & Law Enforcement
Butte County Jail and Sheriff's Evidence Facility......................................................... 51
Butte County Jail– Mentally Ill Inmates ........................................................................ 54
Butte County Juvenile Hall ........................................................................................... 56
General Services Department
Butte County Emergency Services Office............................................................... 58
2001- 2002 Butte County Grand Jury Final Report
TABLE OF CONTENTS
( Continued)
Health, Education & Social Services
Butte County Office of Education
North County Community School and
South County Community School........................................................................... 61
Butte- Glenn Community College District
Sexual Harassment Prevention................................................................................ 65
Proposed Chico Center ............................................................................................ 72
Foster Family Agencies– Foster Care ........................................................................... 79
Butte County Department of Behavioral Health
Patients Rights......................................................................................................... 88
Public Works
Department of Development Services– Building Division
County Code Enforcement ...................................................................................... 93
Unclassified Zoning of Cherokee ............................................................................ 96
Department of Development Services
Termination of a County Employee ........................................................................ 97
Department of Public Works
Fleet Maintenance ................................................................................................... 98
Appendices
Appendix I
Summary of Requested Respondents to the
2001- 2002 Grand Jury Final Report ............................................................................ 101
Appendix II
Orientation and Training ............................................................................................. 105
Appendix III
Offices, Departments, Boards, Commissions and Officials
Visited, Observed, Reviewed, Investigated,
Interviewed or Consulted by the Grand Jury............................................................... 107
Appendix IV
Communicating With the Grand Jury.......................................................................... 111
Appendix V
Comments to Responses of the
2000- 2001 Grand Jury Final Report ............................................................................ 112
2001- 2002 Butte County Grand Jury Final Report
TABLE OF CONTENTS
( Continued)
Responses to the 2000- 2001 Butte County
Grand Jury Final Report
Index .......................................................................................................................... 115
RESPONSES TO THE 2000- 2001 GRAND JURY FINAL REPORT MAY BE
FOUND ON THE WEB http:// clerk- recorder. buttecounty. net AND IN BOUND
COPIES OF THE 2001- 2002 BUTTE COUNTY GRAND JURY FINAL REPORT
ON PERMANENT FILE IN THE BUTTE COUNTY LIBRARIES
i
BUTTE COUNTY GRAND JURY
P. O. Box 110
Oroville, CA 95965
June 28, 2002
The Honorable Thomas W. Kelly
Presiding Judge
Superior Court, County of Butte
One Court Street
Oroville, CA 95965
Dear Judge Kelly:
On behalf of the 2001- 2002 Butte County Grand Jury it is my privilege to present our
Final Report to you and to the people of Butte County. This report reflects the work of a
dedicated group of citizens.
This year’s Grand Jury was comprised of 19 talented and hard working individuals from
all walks of life. They spent many hours in research, interviews, visitations and
investigations. After gathering all the information necessary they worked together to
write, rewrite, update and edit the 26 individual reports that comprise the Final Report. I
congratulate them for what they have achieved and want to express my deepest
appreciation for the time and extra effort they put forth to make this year a very
productive and rewarding time.
The citizens of Butte County experienced some unique political maneuvers and problems
this past year. As a result, the print media often speculated as to what the Grand Jury was
investigating and, at times, even suggested what the Grand Jury should be investigating.
At times the Grand Jury felt they were being used by certain factions to promote their
own political agenda. This became quite a concern for the jurors as the confidentiality of
our work was at stake. The Grand Jury maintained integrity in their activities, overcame
the temptation to respond to the media and stood tall in their commitment to avoid public
comment and allow the written Final Report to speak for itself.
It has been my honor serving as Foreperson of the 2001- 2002 Butte County Grand Jury
and to represent our community in this capacity.
Sincerely,
JoAnn Reiswig Loeffler
Foreperson
2001- 2002 Butte County Grand Jury
ii
2001- 2002
GRAND JURY MEMBERS
JoAnn Reiswig Loeffler, Foreperson Chico
Cynthia Hightower, Foreperson Pro Tem Chico
Dorothy Anrig, Recording Secretary Chico
Bette Garver, Corresponding Secretary Oroville
Raymond Rice, Sergeant- at- Arms Paradise
Kathryn Adams Gridley
Naomi Bidleman Oroville
Mary Buckingham/ Pinkerton Oroville
Stephanie Eveatt Oroville
Richard German Durham
Joanne Gerson Chico
Dallas Gilbertson Chico
Chrisanne Gniechwitz Oroville
Howard Grimes Oroville
Terry Hanna Berry Creek
Darlene Hollmann Chico
Patricia Jones Chico
Barbara Mahler Chico
David Wilkinson Chico
" The people's government made for the people, made by the people, and
answerable to the people." Daniel Webster
iii
2001 - 2002
BUTTE COUNTY GRAND JURY
FINAL REPORT
FINAL RESOLUTION
WHEREAS, the Butte County Grand Jury has concluded the business of its term and has
reached certain conclusions, and
WHEREAS, the 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 recommenda-tions
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 2001- 2002 Butte County Grand
Jury in Oroville on the 12th day of June 2002.
" We think in America that it is necessary to introduce the people into every department of
government as far as they are capable of exercising it, and that this is the only way to
insure a long- continued and honest administration of its powers."
Thomas Jefferson to Abbe Arnoux, 1789
2001- 2002 Butte County Grand Jury Final Report
iv
GRAND JURY STATEMENT
The 2001- 2002 Butte County Grand Jury, impaneled on July 6, 2001, 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 2001- 2002 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 inspect 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.
" Let us have faith that right makes might, and in that faith, let us, to the end, dare to do
our duty as we understand it." Lincoln's Cooper Institute Address, February 27, 1860
2001- 2002 Butte County Grand Jury Final Report
v
ACKNOWLEDGMENTS
The 2001- 2002 Butte County Grand Jury sincerely appreciates, acknowledges and thanks
the following people and organizations for their support, guidance, and professional
assistance and orientatio n, and for helping to make this Final Report possible:
· Thomas W. Kelly, Judge of the Superior Court of California, Butte County, who
presided over this Grand Jury;
· County Counsel Bruce Alpert and Assistant County Counsel David McClain;
· District Attorney Michael Ramsey;
· The staff of the Superior Court of California, County of Butte, including Sharol
Strickland, Court Executive Officer, and Orrin Banta, Administrative Services
Assistant;
· Butte County Superior Court Bailiffs;
· Butte County Board of Supervisors Curt Josiassen, Jane Dolan, Mary Anne Houx,
Robert Beeler, and Kim Yamaguchi;
· The twenty- one Butte County Department Heads, the Superintendent of Schools and
their staffs;
· Officers who guided members of the Grand Jury through the Butte County Jail and
Juvenile Hall;
· 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.
Clerk- Recorder/ Registrar Candace Grubbs and the superb staff of the County Recorder's
office make Grand Jury Final Reports available on their web site:
http:// clerk- recorder. buttecounty. net
2001- 2002 Butte County Grand Jury Final Report
vi
A BRIEF HISTORY AND OVERVIEW OF THE GRAND JURY
( with appreciation to various other grand juries for much of the following
information)
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 Norma n 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
2001- 2002 Butte County Grand Jury Final Report
vii
and investigate the activities of county government, and in 1983 the State added munici-palities
and districts to the purview of grand juries. Certain larger jurisdictions - such
as the Cities/ 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 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 the ir 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 min-utes
of its meetings may not be inspected by anyone, nor can its records be subpoenaed.
2001- 2002 Butte County Grand Jury Final Report
vii
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 con-fidential.
The jury does publish a report of its significant findings and recommendations.
2001- 2002 Butte County Grand Jury Final Report
ix
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 re-sponses
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.
2001- 2002 Butte County Grand Jury
BUTTE COUNTY AUDITOR- CONTROLLER
1
Reason For Visit/ Investigation
The 2001- 2002 Grand Jury conducted the mandated review of the Independent Auditor’s
Report for the year ended June 30, 2001, and the Butte County Final Budget for the fiscal
year 2001- 2002.
Background
The audit was conducted for Butte County by Bartig, Basler & Ray, CPAs, Inc. of
Roseville, California. The report includes a general- purpose financial statement of
County assets, liabilities, equity, changes in fund balances, revenues, other credits and
expenditures. In addition, a Single Audit Report was prepared on expenditures of Federal
awards.
Each year reference copies of the Butte County Final Budget are made available as public
record documents at the Butte County libraries. The Butte County Audit Report may be
reviewed at the Auditor- Controller’s office in Oroville.
Investigation
Butte County usually enters into a three- year contract for outside auditing services. The
County prefe rs to contract with a CPA firm that can send a relatively large team to
conduct the audit over several weeks. This is the second year of Bartig, Basler & Ray,
CPAs, Inc.’ s three- year contract.
According to the contract the final report is due by December 31st. This year the draft
received was dated January 18, 2002. The final report was not received until mid-
February 2002. By contrast, the same audit firm submitted the report for the year ended
June 30, 2000, in early December 2000.
The Single Audit Report for the year ended June 30, 2000, determined that the
requirement for an annual face- to- face reassessment of all recipients’ eligibility for
CalWORKS and Food Stamps was not being met. The report’s recommendation was that
eligibility must be updated at least once every year. At the time the audit for the year
ended June 30, 2001, the corrective action agreed upon by the Department of
Employment and Social Services had not been implemented. In early March 2002 the
Auditor- Controller requested that the Employment and Social Services Director respond
in writing regarding the status of the Corrective Action Plan. The Director responded on
April 30, 2002. The recommendations are being implemented.
Many California counties have an audit committee cons isting of 3 to 5 members that
includes the Auditor- Controller, the Chief Administrative Officer representing the Board
2001- 2002 Butte County Grand Jury
BUTTE COUNTY AUDITOR- CONTROLLER
2
of Supervisors and 1 to 3 others as deemed appropriate. The purpose of an audit
committee includes being the liaison between the County and the independent audit firm,
making any necessary follow- ups, and being instrumental in selecting and changing the
independent audit firm.
Butte County does not have an audit committee. The Auditor- Controller functions as the
“ Audit Committee". Discussions with the Chief Administrative Officer and his staff
indicated that they had little involvement with the audit process. They referred any
questions concerning the audit process to the Auditor- Controller.
Findings
1. The general- purpose audit and the single audit for the year ended June 30, 2001,
conducted by Bartig, Basler & Ray, CPAs, Inc. was not completed timely.
2. Recommendations made in the audit for the year ended June 30, 2000, were not
implemented by the time of the audit for the year ended June 30, 2001.
3. Face- to- face reassessments of individuals in the CalWORKS and Food Stamp
programs are not being made annually.
4. The Employment and Social Services Director has not completed implementing
the corrective action that will bring Butte County into full compliance.
5. Butte County does not have an audit committee. A standard practice is not to
have one individual with sole responsibility for the audit process.
Recommendations
1. The Auditor- Controller insist on follow through of all audit finding responses to
bring Butte County into full compliance.
2. The Board of Supervisors establish an Audit Committee to include the County
Auditor- Controller, the Chief Administrative Officer and 3 other individuals.
Responses Required ( Penal Code § 933 & 933.05)
Butte County Board of Supervisors
Butte County Chief Administrative Officer
Butte County Auditor- Controller
Butte County Department of Employment and Social Services Director
2001- 2002 Butte County Grand Jury
BUTTE COUNTY AUDITOR- CONTROLLER
TRAVEL REIMBURSEMENT POLICY
3
Reason for Visit/ Investigation
The Grand Jury chose to check the quality of Butte County internal controls. We decided
to investigate how travel reimbursements are processed, approved and paid.
Background
Butte County reimburses employees and department heads for travel expenses incurred
while on authorized County business. The policies, rules and procedures are set out in
written personnel rules and Memoranda of Understanding ( MOUs) with the unions.
Investigation
Members of the Grand Jury interviewed the Auditor- Controller regarding the
reimbursement procedures. He informed the Grand Jury that Butte County has a standard
travel voucher format. Mileage expenses are reimbursed at a standard mileage rate.
Employees are reimbursed for the actual costs of meals and lodging. The claims must be
backed up with receipts. An employee is not reimbursed for the purchase of any
alcoholic beverages. All expenses must be reasonable. It was pointed out that a lobster
dinner would not be considered reasonable. The only exception to the “ actual expenses”
rule is that some MOUs require per diem in some situations.
Employees submit a request for travel reimbursement through their department. They
sign a statement ". . . under penalty of perjury that the services . . . have been performed
. . . and that this claim is true and correct as stated”. Before it is submitted to the Auditor-
Controller, the department head or his authorized agent signs a statement certifying that
“. . . to the best of my knowledge, the services . . . have been performed . . . and there is a
Budget Appropriation”. The Auditor- Controller’s staff checks the claim in minute detail
for appropriate receipts and verifies the math.
The Grand Jury discovered that department heads, appointed and elected, approve their
own travel vouchers. Although their reimbursement requests must meet the same minute
scrutiny as other employees, in case of a problem the Auditor- Controller will personally
discuss it with the department head. The Grand Jury asked to see a sample of department
head travel vouchers. The Grand Jury reviewed the reimbursement and the backup
documentation of 4 department heads, 2 elected and 2 appointed, for the period July 2001
through December 2001. It was interesting to note that one of the appointed department
heads wrote his signature differently when he signed as the claimant and when he
approved the voucher. One of the elected department heads often had a member of his
staff sign as the “ authorized agent”.
2001- 2002 Butte County Grand Jury
BUTTE COUNTY AUDITOR- CONTROLLER
TRAVEL REIMBURSEMENT POLICY
4
For the period reviewed some appointed department heads received a $ 520 per month
auto allowance for mileage within Butte County. The total monthly payments are
included as compensation on their W- 2. It is the employee’s responsibility to keep the
required records for claiming the expenses as an itemized deduction when filing State and
Federal tax returns. An appointed department head received the monthly allowance only
if it was part of his negotiated contract. As of January 2002, the Board of Supervisors
approved the monthly auto allowance for all department heads, both appointed and
elected, except for those department heads who are provided emergency vehicles.
On the selected travel reimbursements the Grand Jury determined that for the most part
the claims were complete and thorough. The Grand Jury noted that one appointed
department head did not always have the required receipts for meals claimed and was
allowed a reasonable estimate. This same department head was one who received the
monthly auto allowance. When traveling out of the County he computed his mileage
from his office to the conference. The department head erroneously claimed, and was
paid, mileage within Butte County.
An elected department head used the travel voucher system for reimbursement when
small equipment was purchased for the office, thus circumventing the County purchasing
procedures. It was unclear whether this was an emergency, and the sample was too small
to determine if this was done with any regularity. The purchase was charged to the
correct budget code. In the future, reimbursing individuals for non- travel exp enses will
not be a problem as Butte County has become a participant in Cal Card, a credit card
program. Upon request, a department head can receive a credit card to use for County
purchases. Controls can be put in place for each card to set a dollar limitation and
parameters for restricted purchases. The cards can also be used for authorized travel.
Findings
1. Butte County has a set of general travel reimbursement polices and procedures,
which is augmented by Memorandum of Understanding with unions.
2. Travel reimbursement requests are reviewed and approved by the employee’s
department head before being submitted to the County Auditor- Controller.
3. The County Auditor- Controller’s staff thoroughly checks the submitted travel
requests for the required receip ts and to verify the math. The process is labor
intensive for all concerned.
4. Department heads approve their own travel reimbursement requests. They attest
to the accuracy of the claim and that there is a Budget Appropriation.
2001- 2002 Butte County Grand Jury
BUTTE COUNTY AUDITOR- CONTROLLER
TRAVEL REIMBURSEMENT POLICY
5
5. Butte County is now partic ipating in the Cal Card program. It may choose to
issue credit cards to employees who frequently travel on County business.
Recommendations
1. Butte County explore the use of a per diem rate for meals by all employees. This
would reduce employee time in preparing travel vouchers and the time for
reviewing travel vouchers by the County Auditor- Controller’s staff.
Responses Required ( Penal Code § 933 & 933.05)
Butte County Chief Administrative Officer
Butte County Auditor- Controller
2001- 2002 Butte County Grand Jury
ACCOUNTING PROCEDURES FOR GRANTS
6
Reason For Visit/ Investigation
While interviewing various Butte County department and division heads, the Grand Jury
heard concerns about what happens to Grant money after it was received by the County.
The department heads felt that whether or not they received the benefits was arbitrary.
Background
Butte County derives significant funds from State, Federal and private Grants.
Department heads and division heads are encouraged to actively pursue funding from
available Grants. When a department submits its annual budget, it not only includes the
expected expenditures, it includes an estimate of funds it expects to receive from other
sources, resulting in “ Net Cost to the County”. Other sources can include fees, charges,
reimbursements and funds from Grants.
Investigation
The Grand Jury began by interviewing department and division heads. Those
interviewed informed us that they were actively applying for Grant funds that would
benefit their departments and the County. They all had projects or equipment needs that
could use additional funds. The departments felt they were diligent in doing the follow-up
work required of the Grantee. However, when the funds came in, some departments
felt they did not receive the expected benefits.
Grants are submitted for approval to the Board of Supervisors ( Board). The Grand Jury
interviewed staff members of the Chief Administrative Office ( CAO). We were
informed that:
· Grant requests go through the CAO before going to the Board.
· The Grant may or may not have explicit language designating how the funds
should be spent.
· The CAO requires that a Grant include at least an additional 5% for cost of
administrating the Grant.
· The CAO does not aid departments in obtaining Grants or tell them which Grants
to apply for.
Department heads, and in some cases division heads, find available Grants and apply for
them. All departments are encouraged to apply for Grants to offset their budgets.
The County Auditor stated that his office disburses funds as instructed by the Board. The
Board may instruct that the funds go directly to a department fund pursuant to the Grant
language. At other times the funds are put into a “ Suspense Fund” until the Board makes
2001- 2002 Butte County Grand Jury
ACCOUNTING PROCEDURES FOR GRANTS
7
a designation. Without an explicit designation the funds go into the General Fund. It is
the responsibility of the department head to make a request to the Board in order to spend
funds. Like all other requests for Board action, the request goes through the agenda
process in the CAO.
For example, Butte County received funds from the Governor’s Office for Law
Enforcement Technology. The funds were placed in the Auditor’s Suspense Fund.
When the Sheriff’s office proposed to purchase an Emergency Notification System they
sent the proposal to the Board for approval. The Board approval instructed that funds be
transferred to the Sheriff’s budget.
The Grand Jury found that department heads interviewed had some confusion about
whether funds are a Grant or a reimbursement. The County can receive funds under
several different sets of facts. Examples are:
· A Grant is obtained for a particular purpose. The money is received before the
funds are expended.
· The Grant bases its payment on a reimbursement of the actual expenses made. A
percentage may be added for administration costs.
· The Grant may be designed to match expenses. For example, for every two
dollars budgeted and/ or expended the County is reimbursed one dollar.
· It is also a common practice for the State or Federal government to set up a “ block
Grant” or a “ Grant pool”. Every county or city government that meets the
requirements of the Grant can apply for the funds. The funds are disbursed
annually on a pro rata basis to the applicants. In this situation, the County does
not know in advance how much it will receive.
When funds are expended before the Grant is received the County Auditor, unless
otherwise instructed by the Board, applies the funds to the account where the expenditure
was made.
Findings
1. Only the Board of Supervisors can approve a Grant proposal and approve the
expenditure of funds.
2. If the Grant does not explicitly state how the funds are to be spent and the Board
of Supervisors does not give a specific authorization, the funds go into an
Auditor’s Suspense Fund or the General Fund.
3. It is the responsibility of each department head to receive authorization from the
Board of Supervisors to spend Grant funds.
2001- 2002 Butte County Grand Jury
ACCOUNTING PROCEDURES FOR GRANTS
8
4. Some department and division heads interviewed by the Grand Jury did not
appear to clearly understand the process. There was frustration in applying for the
money and apparently never seeing it.
5. The active search and application for Grants and reimbursements has benefited
Butte County.
Recommendations
1. The department and division heads continue to be encouraged to apply for Grants
and reimbursements of all kinds.
2. The Chief Administrative Officer and the County Auditor include in their initial
orientation of department heads, and in continuing training, the procedures and
process for obtaining the necessary Board of Supervisors’ approval of Grants and
the subsequent expenditure of the funds.
3. The County recognize or acknowledge department heads who bring to the County
significant outside Grant funds.
Responses Required ( Penal Code § 933 & 933.05)
Butte County Board of Supervisors
Butte County Chief Administrative Officer
2001- 2002 Butte County Grand Jury
INVESTIGATORS FOR PUBLIC DEFENDERS
9
Reason For Visit/ Investigation
The Grand Jury received a citizen complaint about contract investigators assigned to the
Public Defenders that questioned:
a. The misuse of the contingency fund. No oversight or accounting is provided.
b. Investigators are not being reimbursed for mileage and other necessary expenses.
c. No investigators have been hired for conflict of interest, death penalty and third
strike cases.
d. How contracts are given to individual investigators.
The citizen suggested that the County cont ract with one investigative firm, not with the
Public Defender’s Consortium.
Background
Butte County is required by law to provide legal services for indigent defendants. Since
1998 Butte County has contracted with a group of independent attorneys in private
practice, known as the Butte County Indigent Services Consortium ( Public Defenders
Consortium), to provide these services. Each contract attorney is required to maintain an
office, a staff, pay all expenses and have a current insurance policy for malpractice. One
of the Public Defenders is contracted as the Executive Director of the Butte County
Indigent Services Consortium. Two other Public Defenders are on the Executive Board.
Butte County Indigent Services Consortium contracts with licensed investigators to
provide investigative services for the Public Defenders. Investigators are funded
separately.
Investigation
The Grand Jury interviewed the County Auditor and the Executive Director of the
Consortium for the 2000- 2001 fiscal year. The contracts of Public Defenders and an
investigator were reviewed.
The contract with each Public Defender has the following provisions relating to
investigative services:
a. If investigation services are required the Executive Director will assign an
investigator.
b. The Executive Committee ( 3 public defender attorneys, including the Executive
Director) will set the guidelines.
2001- 2002 Butte County Grand Jury
INVESTIGATORS FOR PUBLIC DEFENDERS
10
c. Extraordinary expenses for capital and other cases are approved by a 3- member
committee, comprised of an individual from the County Administrative Office,
the County Counsel’s Office and the Butte County Bar Association.
The contract with the Executive Director of the Butte County Indigent Services
Consortium requires the following:
a. The Director is responsible for the management and supervision of the
investigative contracts, including the coordination and assignments of
investigators.
b. He will establish a separate bank account.
c. A monthly advance of $ 22,720 will be made to the Executive Director upon
submission of a claim. The claims may be larger, but cannot exceed $ 287,700
annually. ( These numbers are for the 2000- 2001 fiscal year.)
d. Bank statements and documentation in support of all investigator payments must
be retained and are subject to review by the County.
e. Copy of monthly bank statements shall be forwarded each month to the County
Auditor’s Office.
f. Advances not expended for investigative services shall remain the property of the
Consortium.
g. The Executive Director, in consultation with the Executive Committee and Butte
County, will develop mutually satisfactory reporting requirements for
investigative service providers.
The budget in the annual contracts includes fees for 10 investigators, plus a $ 15,000
contingency fee for other expenses such as extraordinary travel. At present there are 10
investigators. Eight are assigned to the Oroville Superior Court Public Defenders. The
Chico branch misdemeanor Public Defenders and the Juvenile Court Public Defenders
share 2 other investigators. Each investigator’s contract includes the following
provisions:
a. The investigator is responsible for all expenses related to the investigation and
must obtain Errors and Omissions insurance.
b. The investigator is responsible for the cost of travel within 75 miles from Butte
County Superior Court.
c. For extraordinary travel, which is defined as travel beyond 75 miles from Butte
County Superior Court, and for overnight meals and lodging, the investigator
must get advanced written authorization from the Director by submitting a written
budget. The investigator must submit receipts before he can be reimbursed.
d. The investigator may represent additional clients as long as the work does not
conflict with his contract with the Consortium.
In discussions with the County Auditor and the Executive Director it was determined that
the Executive Director submit claims monthly for an amount equal to the monthly
2001- 2002 Butte County Grand Jury
INVESTIGATORS FOR PUBLIC DEFENDERS
11
payments to the investigators, plus any other reimbursements including extraordinary
travel. The backup receipts accompany the request for the other charges. The Executive
Director also submits the monthly bank statements, which are reviewed by the County
Auditor. Although the agreement gives the impression that the Consortium’s bank
account is accumulating funds, this in fact does not happen. The County only pays the
fund for actual authorized expenses.
The Grand Jury asked why the Consortium hired several independent investigators rather
than one large firm. The response was that hiring one firm would lead to conflict of
interest issues. In cases where there are multi- defendants represented by separate public
defenders, it is important that an investigator not investigate for both sides of an issue.
Findings
1. Oversight of the contingency fund and procedures to be followed are stated in
contracts with the Public Defenders. Before contracts are accepted they must be
approved by County Counsel, the County Administrator and the County Auditor.
The County Auditor oversees the disbursement of funds to the Consortium bank
account and reviews bank statements.
2. Investigators are independent contractors who are responsible for their own
expenses in providing services. Extraordinary travel is provided for in their
contracts.
3. Reimbursement for extraordinary travel must be approved prior to the travel. The
amount reimbursed must be reasonable and supported by receipts.
4. To avoid conflict of interest issues each Superior Court Public Defender is
assigned a separate investigator. The only exception is that the Juvenile Court
Public Defenders use the Chico branch court investigators when an investigation
is necessary.
5. Hiring one firm would not be practical. Assuming a firm is found that could
provide 10 investigators, there is still the problem of providing the confidentiality
needed to avoid any conflict of interest or any appearance of conflict of interest.
Recommendations
None
Responses Required ( Penal Code § 933 & 933.05)
None required.
2001- 2002 Butte County Grand Jury
12
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2001- 2002 Butte County Grand Jury
TOWN OF PARADISE
DOWNTOWN REVITALIZATION MASTER PLAN
13
Reason for Visit/ Investigation
Each year the Grand Jury selects one of Butte County’s incorporated municipalities for
review ( Biggs, Chico, Gridley, Oroville, Paradise). Members of the Grand Jury visited
the Town of Paradise and took an in- depth look at its plans for growth and development.
Background
At the time of the California Gold Rush there was a saloon on a ridge east of Chico called
“ Pair- O- Dice”. After the Gold Rush people remained to farm and establish apple
orchards in the ridge area that later became known as Paradise. Since then people have
continued to move to the Paradise area to vacation, raise families and retire. Several
unincorporated communities were developed such as Stirling City, Magalia and Paradise.
However, it was not until 1979 that the community on the lower ridge was incorporated
as the Town of Paradise.
The Town of Paradise that incorporated in 1979 was already a thriving community with a
distinct character. From the beginning residents were determined not to be simply a
Chico “ with elevation”. They started by naming the new incorporated community the
Town of Paradise rather than the City of Paradise.
The area grew without any particular plan in mind in the years before incorporation.
Businesses that developed along the main roads became the business district by default.
Although the Town has a few supermarkets and a K- Mart, a significant portion of its
shopping dollars goes down to Chico. It was not until incorporation that the community
was able to develop a master plan.
The Town of Paradise has adopted the City Manager form of government. In California
the term “ city” and “ town” are interchangeable. The people of Paradise have chosen to
call themselves a “ Town”. The citizens elect directly a five- member Town Council. The
Town Council selects one of its members to be the Mayor. The day- to- day operations are
overseen by a Town Manager hired by the Town Council. The Town Treasurer, Town
Clerk, Town Attorney and the members of commissions are also selected by and answer
to the Town Council. The Police Department, Fire Department, Finance Department,
Public Works Department and the Community Development Department are responsible
to the Town Manager. The Town of Paradise currently has 7 commissions. The Town
prides itself on having commissions that reflect the diversity of the community. A
commission may include members who are high school students.
2001- 2002 Butte County Grand Jury
TOWN OF PARADISE
DOWNTOWN REVITALIZATION MASTER PLAN
14
Investigation
In October 2001 members of the Grand Jury met with the Town Manager for a discussion
about the Town of Paradise operations, its goals and its concerns. The Town Manager
invited the Community Development/ Planning Director to the meeting. To continue the
discussion of the Town’s development the Grand Jury again met in late December 2001
with the Town Manager, Community Development/ Planning Director and the Public
Works Director. The Town of Paradise has developed a Downtown Revitalization
Master Plan.
For most of its history the Town of Paradise was an unincorporated community without a
general plan. What is now referred to as the “ downtown business district” grew more or
less at random along the Skyway, Clark Road and various connecting streets. Paradise,
like all California cities and towns, is dependent upon sales tax revenues. A major
problem for Paradise is that many of its residents work and shop in Chico. This results in
64% of the Town’s potential sales tax revenues being lost to surrounding communities.
Due to land- use problems and other factors Paradise cannot be fully competitive. Rather
than concentrating exclusively on keeping the revenue in Paradise, the Town is looking
for ways that spending can be brought into Paradise. The Town is developing antique
stores, local specialty restaurants and other business that would draw tourists and others
to Paradise to enjoy a unique “ day in the pines”.
In September 2000 the Paradise Town Council adopted the Town of Paradise
Revitalization Master Plan. The Town of Paradise has identified the revitalization of its
downtown as its primary goal for the community. The downtown has been suffering for
many years from a deteriorating economy and its general physical appearance. In the
introduction to the Master Plan, marginal retail businesses, vacant buildings,
underutilized commercial and residential properties, inadequate infrastructure and
physical blight were considered unacceptable.
Other goals the Plan would like to accomplish:
· Establish a new Paradise Town Center at the current location of the Police
Department that will house the civic buildings within one area.
· Encourage the merchants in the downtown to re- establish an active downtown
merchants association.
· Develop parking, improve traffic control and circulation, and establish a
downtown public transportation hub to support businesses.
· Develop a retail and professional services recruitment program for the downtown.
The area designated for the proposed downtown revitalization is north along the Skyway
from Pearson Road to Elliott Road and east to the Memorial Trail ( See Exhibit A).
2001- 2002 Butte County Grand Jury
TOWN OF PARADISE
DOWNTOWN REVITALIZATION MASTER PLAN
15
To revitalize the Town’s historic character, the Town has obtained access to grant funds
that will encourage property owners to improve the downtown property. A downtown
plan is being developed where the facade of each building is to reflect the Town’s
historic past. Business owners may apply for grant funds to upgrade the facade of their
building to conform to the Town plan. The program will be voluntary, but performance
standards and maintenance commitments would be required from all participating
property owners.
The Memorial Trail is an abandoned railroad track bed that runs along the eastern edge of
the Revitalization District. The Town of Paradise is purchasing the right- of- way and is
developing a scenic bike path and walking trail. It has completed the purchase except for
less than a quarter of a mile near Pearson Road. The part of the trail north and south of
Elliott Road has been paved and benches installed. The Town is protecting the integrity
of the project through careful zoning of business property adjacent to the Trail.
Across the street from the current Town Police Station is the original railroad station.
Historically, before the railroad would build in an area it would send an agent to buy
land. The agents often would make the original purchase in their own name. Title did
not always get transferred to the railroad. In Paradise this has resulted in the unusual
situation where the railroad owns the buildings and the individual heirs of the railroad
agent own the land. The Town of Paradise would like to add this property to its
downtown revitalization. According to the Master Plan, Paradise could make the
property into a central community park and possibly use the building for the Gold Nugget
Museum’s establishment of a “ Living History Center”.
Due to the Town’s terrain Paradise did not consider a conventional sewer system
practicable. It is not on a municipal sewer system, but uses septic systems. The Town of
Paradise is the largest septic system community west of the Mississippi. Although the
use of septic systems has been satisfactory for residences and sma ll businesses, it has
presented a problem for heavy use businesses such as restaurants. Some restaurants must
pump their system daily. The Town is presently in the final stages of engineering and
planning installation of a clustered septic system. For example, a large septic system is
built that has 4 to 6 businesses feeding into the system. The result is a mini- sewer
system. While the Town will own and maintain the common facility, the participating
property owners will purchase the amount of capacity they currently need and will
require for the future.
Now that the Town of Paradise has completed the Downtown Revitalization Master Plan
the community is ready for the next step. It is expected that implementation of the Plan
will cost approximately $ 10 Million. In February 2002 the Paradise Town Council
approved the establishment of a Redevelopment Agency for Paradise ( Agency). The
Agency project area will be larger than the area designated for the Downtown
Revitalization.
2001- 2002 Butte County Grand Jury
TOWN OF PARADISE
DOWNTOWN REVITALIZATION MASTER PLAN
16
The formation of a redevelopment agency does not increase property tax rates. The
agency receives funds known as “ tax increment”. As property is sold and as new
construction occurs in the redevelopment project area the assessed value of the property
goes up. This causes tax revenue to increase. These funds are used to pay the agency’s
expenses for improvement of the project area. The expected revenues can be used to
leverage the sale of tax increment bonds to finance the necessary improvements and
projects. The incurred debt is the obligation of the agency, not the town/ city. The next
step is to complete feasibility studies, the required environmental impact reports and a
redevelopment agency master plan.
Findings
1. The Town of Paradise adopted an effective Downtown Revitalization Master Plan
in September 2000.
2. Part of the Plan has been implemented and good progress is being made toward
implementing the entire Plan ( See Exhibit B).
3. To offset unrealized sales tax revenue the Town is encouraging the establishment
of sales tax producing businesses such as specialty shops and restaurants.
4. The Plan’s goals are to improve the aesthetics of the downtown along with the
traffic control, parking, lighting, etc.
5. The Town of Paradise is making use of its historic environment by the
development of the Memorial Trail and the proposed development of the train
station.
6. The Town of Paradise through its Town Manager is proactively pursuing grant
funding.
7. The Town Council is in the process of establishing a Paradise Redevelopment
Agency to provide the necessary funding for the revitalization projects.
Recommendations
1. The Town of Paradise actively continue with its plans to make the Town a
desirable and unique community for residents and visitors. Rather than compete
with Chico or other cities, it continue to develop reasons to come to Paradise as a
destination place and spend sales tax dollars.
2001- 2002 Butte County Grand Jury
TOWN OF PARADISE
DOWNTOWN REVITALIZATION MASTER PLAN
17
2. The Town of Paradise continue to be proactive in exploring all possible funding
sources to finance its redevelopment plans.
Responses Required ( Penal Code § 933 & 933.05)
Town of Paradise Town Council
Town of Paradise Town Manager
PLEASE SEE EXHIBITS ON PAGES 18 & 19
2001- 2002 Butte County Grand Jury
TOWN OF PARADISE
PROJECTED RETIREMENT RELATED ATTRITION
OF TOWN ADMINISTRATORS
20
Reason for Visit/ Investigation
Each year the Grand Jury selects one of Butte County’s incorporated municipalities for
review ( Biggs, Gridley, Oroville, Chico, Paradise). During a visit to the Town of
Paradise it was brought to the attention of the Grand Jury that retirement related attrition
of administrative personnel is a near term problem.
Background
Paradise has been an active community in Butte County since the early history of the
County. It was not incorporated until 1979. At that time a choice was made to
incorporate as the Town of Paradise rather than as a city. Paradise adopted a Town
Manager system of government. The Town has 5 elected town council members, and
from their number the council elects a Mayor. The day- to- day operations of the Town
are handled by a Town Manager who is recruited and appointed by the Town Council.
The Town Manager oversees the following departments: Police, Fire, Finance, Public
Works and Community Development. The Town Manager also works closely with
several citizen commissions appointed by the Town Council.
Investigation
Members of the Grand Jury visited the Paradise Town Manager and the Community
Development/ Planning Director in October 2001. A discussion of upcoming challenges
to Paradise included a concern that Paradise will lose a large percentage of its
administrative personnel in the next several years due to normal retirement age related
attrition. At the present time, personnel who retire cannot return to the Town's
employment under normal circumstances. The concern is not only losing personnel but
also the loss of valuable administrative expertise and experience. This problem is not
unique to Paradise and will impact virtually all municipal governments in Butte County.
Paradise employees are members of the California Public Employees Retirement System
( CalPERS) operated by the State. Under the current rules the retirement system allows
only very limited situations where simultaneous receipt of a CalPERS pension while
working is allowed, as noted in PERS- Pub- 33. An employee who works for any
employer under the Ca1PERS system after retirement may experience a substantial
adverse impact on retirement benefits.
By contrast California State University ( CSU) faculty employees, who are also members
of CalPERS, have other options regarding working after retirement. Through what is
known as the Faculty Early Retirement Program ( FERP), CSU faculty may retire with
2001- 2002 Butte County Grand Jury
TOWN OF PARADISE
PROJECTED RETIREMENT RELATED ATTRITION
OF TOWN ADMINISTRATORS
21
full retirement benefits and work for the university system on a part- time basis after
retirement for a limited period. With this strategy the university may retain post-retirement
expertise and knowledge of CSU faculty, and administrators with faculty
retreat rights, without adverse impact on the retiree.
Findings
1. The Town of Paradise is facing an age related retirement attrition situation
whereby a large percentage of its administrators are approaching normal
retirement age, and their talents, expertise and experience will be lost.
2. Other municipal governments in Butte County are under CalPERS and may be
facing the same retirement related attrition challenge.
3. The CSU has a system presently in place, known as FERP, that partially alleviates
the retirement related attrition problem of lost expertise, talent and experience.
Recommendations
1. The Paradise Town Council and its administration secure the cooperation of other
Butte County municipalities to lobby, either directly or through appropriate
municipal professional associations, for CalPERS and the State to change their
rules concerning retirement to encourage post- retirement part- time employment of
current municipal administrators.
Responses Required ( Penal Code § 933 & 933.05)
Paradise Town Council
Paradise Town Manager
2001- 2002 Butte County Grand Jury
22
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2001- 2002 Butte County Grand Jury
TOWN OF PARADISE
EMERGENCY NOTIFICATION SYSTEM
23
Reason For Visit/ Investigation
During a Grand Jury visit to the Town of Paradise, an emergency notification system,
generically known as “ Reverse 911”, was briefly discussed. This is a system where
police and/ or fire departments notify residents by telephone in the event of an emergency.
The Grand Jury was so impressed that it felt a visit to review the Paradise system would
be beneficial. Members of the Grand Jury also met with several Butte County officials
and discussed their plans to install a similar system County wide.
Background
In the summer of 2000 when it appeared the Concow fire was going to sweep over the
ridge into Paradise, it took over 7 hours to notify 1,200 Paradise residents to prepare to
evacuate. By contrast, during the Poe fire in the summer of 2001, it took an hour and a
half to notify the same people. In 2000 the Police Chief had to use all available off- duty
police and fire personnel in addition to personnel donated by the City of Chico and
investigators from the District Attorney’s office. In 2001 the personnel requirement was
a person from the Police Chief’s office and a Fire Marshal. What made this possible was
that after the Concow fire the Town of Paradise purchased and installed a Reverse 911
system.
A Reverse 911 warning system utilizes a computer based telephone system with multiple
telephone lines. The software, backed by a strong database, allows the operator to choose
a specific area where to notify residents by telephone. A message is then recorded and
the system automatically calls the telephones in the chosen area. Automatic callback
continues for the telephones that do not answer. The system was installed by the Town
of Paradise in early 2001 and was first used in the notification of Paradise residents
during the Poe Fire.
Investigation
In November 2001 members of the Grand Jury visited the Town of Paradise Police
Station where the Reverse 911 system is located to receive a thorough briefing and
demonstration of its system. Reverse 911 is a generic term with each manufacturer
assigning its own brand name. Paradise has purchased a system known as “ City Watch”.
The Town of Paradise Police Department and Fire Department have worked together to
implement, operate, maintain and enhance the system. Law enforcement is an important
component because it has access to the unlisted private telephone number database.
Prior to the new system only 300 to 500 emergency calls per hour could be made to
inform residents of a problem. In addition to the need for a large staff to make the
2001- 2002 Butte County Grand Jury
TOWN OF PARADISE
EMERGENCY NOTIFICATION SYSTEM
24
telephone calls, a number of patrol cars were required to go house to house, and
neighborhood to neighborhood. The Reverse 911 system using one operator can make up
to 1,200 calls per hour. This frees numerous personnel to handle the emergency and save
valuable time.
The system will automatically call back if the telephone is busy or not answered. The
system can also determine if a person or an answering machine answered the telephone.
The Reverse 911 system operator immediately gets a printout that lists the results from
each call and the subsequent callback. The information is organized by address.
Emergency personnel need only be sent to the non- response addresses. After the
emergency is over the system will again make calls giving the all clear.
The message being sent out can be dictated to cover any subject deemed appropriate.
The system is also used for emergency information such as a lost child or adult, road
closure, barricaded suspect( s), or the danger of an explosion. The system can be
programmed to call one house, one block, one specific neighborhood or the whole town.
The Town of Paradise is enhancing the database to incorporate special needs capability.
Residents of Paradise are returning questionnaires stating if in an emergency they would
require assistance because of being bedridden, in a wheel chair, blind, elderly, etc. In
case of an evacuation or other emergency the system can automatically notify patrol cars
and emergency personnel which specific residents need extra help.
The Town of Paradise has invested approximately $ 42,000 of a $ 60,000 Police Technical
Grant in the system, which includes training and the first year maintenance. There is a
$ 2,500 to $ 3,500 yearly maintenance cost, which presently includes 16 dedicated
telephone lines, a monthly updating of the database for the Town of Paradise and a yearly
updating for Butte County.
Butte County established a committee, which includes the Emergency Services Officer,
the Undersheriff and the Chico Fire Chief, to pursue the possibilities of a Reverse 911
system. On February 26, 2002, the Butte County Board of Supervisors approved the
expenditure of funds from a State Law Enforcement Technical Grant for a “ County
Watch” system. County Watch is the same system as the City Watch system used by the
Town of Paradise. Due to California mutual aid law, every telephone number and
address within the borders of Butte County will be in the database, which will be updated
monthly. It will be installed at the Butte County Sheriff Station. The Grand Jury has
been informed that the County Watch system will be up and running during the summer
of 2002.
The total cost of the Count y Watch system is expected to be $ 32,925 for the first year
including hardware, software, training, telephone lines and installation. An additional
$ 17,933 was approved for a fixed asset purchase of a computer server. There will be a
2001- 2002 Butte County Grand Jury
TOWN OF PARADISE
EMERGENCY NOTIFICATION SYSTEM
25
$ 7,500 yearly maintenance cost for telephone lines, hardware upgrades and monthly
updating of the database for Butte County.
Representatives of the Town of Paradise stated that they do not plan to merge its system
with the Butte County system. The Town of Paradise Police Department and Fire
Department are continuing to enhance the system to meet the needs of the Ridge.
Paradise considers having another system in Butte County not redundant, but a backup.
Commendation
The Grand Jury commends the Paradise Police Department, Paradise Fire Department
and Paradise Town Manager for being the first to explore and then take the initiative of
implementing and successfully operating a Reverse 911 system known as City Watch.
The Town of Paradise continues to investigate and implement ways to enhance the
system for the Town.
Findings
1. The Town of Paradise obtained funding and installed a Reverse 911 system and
successfully used the system during the Poe fire and other situations.
2. The Town of Paradise is continuing to expand and enhance its system.
3. Butte County will have a system in place during the summer of 2002 that will
cover all of Butte County, border to border.
Recommendations
None
Responses Required ( Penal Code § 933 & 933.05)
None required.
2001- 2002 Butte County Grand Jury
BUTTE COUNTY BOARD OF SUPERVISORS
26
Reason for Visit/ Investigation
Performance of the Board of Supervisors ( Board) as a unit of Butte County government
had not been reviewed by the Grand Jury for several years.
Background
Counties are required by state law to adjust their supervisorial districts ( districts)
following a national census when imbalances in district populations exceed an acceptable
tolerance.
Counties are expected to maintain their general plans in current condition. California
State Government Code Section 65103 provides that a county’s “ planning agency” is
responsible for amending and implementing the general plan. However, it is ultimately
the duty of the Board to set the policy and make decisions regarding the general plan.
Butte County has not issued a statement of the manner in which the Board is expected to
conduct the County’s affairs.
Investigation
Members of the Grand Jury interviewed various County staff, reviewed the minutes of
Board meetings and examined correspondence and documents pertaining to this inquiry.
Redistricting:
On April 24, 2001, the Board established a Redistricting Subcommittee. Its members
were 2 Supervisors, County Clerk- Recorder, County Counsel and staff from the
Development Services Department.
Alternative plans, each designed to meet the legal requirement fo r redistricting, were
prepared. Plans 1 through 4 prepared by the subcommittee were made available to the
public several times, until the period for public comment ended at the Board meeting of
July 10, 2001. At that meeting, some changes were made in plan 4, resulting in plan 4A.
These changes affected district boundaries in certain canyon areas.
Along with the original plans, this plan was reviewed during the July 24, 2001, Board
meeting. Plans 4 and 4A both received favorable public comment at that time. At that
same meeting, one of the Supervisors who was a subcommittee member presented “ plan
5” and requested an immediate vote on it. At that moment, no vote had been taken on
any plan in the 1 through 4A group. The subcommittee had not seen plan 5, and neither
2001- 2002 Butte County Grand Jury
BUTTE COUNTY BOARD OF SUPERVISORS
27
the County Clerk- Recorder nor County Counsel had been given opportunity to review
plan 5 in the context of their organizational responsibilities. County Counsel pointed out
that voting on plan 5 on July 24, 2001, would violate the Brown Act since it was not
agendized properly. It would also violate a portion of the Elections Code, which requires
at least one public hearing before voting on any redistricting plan. The matter was placed
on the August 28, 2001, agenda.
On August 28, 2001, the Board adopted plan 5 by a 3- 2 vote.
On September 26, 2001, a “ Referendum Petition to Protest the Adoption of ‘ Plan 5’ ”
was filed with the Clerk of the Board. The filing of this petition, as provided in Elections
Code Section 9144, suspended implementation of plan 5.
On November 5, 2001, the County Clerk- Recorder determined the referendum petition
qualified for inclusion on the ballot.
The Board considered possible steps to specify language to be used on the ballot question
relating to the referendum and to force use of plan 5 in an election scheduled for March 5,
2002.
On November 12 and 13, 2001, County Counsel presented legal opinions to the Board:
· The first opinion related to the subjects just mentioned.
· The second pointed out that the district lines set in 1991 were not
unconstitutional.
· The Board had no authority to declare those lines unconstitutional.
· The Board did not have power or authority to order the County Clerk- Recorder to
use plan 5 lines for the March 2002 election.
· The ballot language proposed for the referendum did not meet statutory
requirements.
On November 13, 2001, County Counsel also stated to the Board that if it took actions
directly contrary to the same advice County Counsel had provided to the Board of
Supervisors and the County Clerk- Recorder, that it would create a conflict of interest and
that County Counsel could not represent either the Board of Supervisors against the
County Clerk- Recorder or the County Clerk- Recorder against the Board of Supervisors.
On November 15, 2001, the Board voted 3- 2 to hire an outside attorney to represent it in
the redistricting dispute with the County Clerk- Recorder. The action of the Board in
voting 3- 2 to hire an outside attorney created a conflict of interest* for County Counsel.
* For a discussion of conflict of interest, see Formal Opinion No. 2001- 156 issued by the State Bar of
California
2001- 2002 Butte County Grand Jury
BUTTE COUNTY BOARD OF SUPERVISORS
28
Thereafter, County Counsel could not provide legal representation to the Board of
Supervisors or to the County Clerk- Recorder in the ongoing dispute.
On November 26, 2001, the Board voted 3- 2 to adopt a resolution authorizing the filing
of litigation against the County Clerk- Recorder.
On December 6, 2001, a Butte County Superior Court Judge issued a ruling that
essentially agreed with the opinion of the County Counsel and the County Clerk-
Recorder. The Court ruled:
· Plan 5 was suspended by operation of law.
· The 1991 redistricting lines were not unconstitutional.
· The 1991 lines would be used for the March 2002 election.
General Plan:
In August 2000 the State Attorney General wrote to the Board about the current status of
the County’s General Plan. The Attorney General noted that recency of the revision does
not, in itself, establish whether a plan may be legally inadequate. However, the Attorney
General stated that “ If a general plan does not reflect substantial compliance with the
requirements of state law, the city or county may be held to have failed in the
‘ performance of an act which the law specifically enjoins,’ . . . Failure to review and to
update the plan as warranted by local circumstances could, however, subject your
jurisdiction, as well as parties who are pursuing development approvals, to expensive and
time consuming challenges.”
The letter of August 2000 was not the first time the state expressed concern about the
County’s General Plan. For example, in February 2000 the Governor’s Office of
Planning and Research wrote to the Board on the same subject. In its response to each
letter, the Board referred to the County’s fiscal situation in describing the level of review
and revision.
A lawsuit recently filed against the County is related to la nd use. It alleges deficiencies
in the County’s General Plan that may have impact on future development in the County.
The Board has announced on many occasions the importance of development and
economic growth, yet the very document that controls this has been neglected.
In the context of this review of the Board’s handling of County affairs, the General Plan’s
status is significant in itself. It is also significant as an indicator of the Board’s
perception of priorities in its expenditure of funds. On the one hand, the Board relied on
scarcity of funds to justify inaction with respect to the General Plan. On the other, a
majority of the Board has unproductively expended in excess of $ 175,000 on
2001- 2002 Butte County Grand Jury
BUTTE COUNTY BOARD OF SUPERVISORS
29
redistricting. When other costs that arose only because of the Board’s stance on
redistricting are added, the outlay exceeds $ 228,000.
Expenditures on Litigation and Accounting for Them:
The amount of money spent on attempting to revise supervisorial districts is a major
concern. The total expenditure exceeds $ 228,000. More than $ 106,000 was spent on the
litigation itself and to pay yet another attorney hired to review bills submitted by outside
legal services. The Grand Jury has not been able to uncover a legal requirement for
review by an attorney of the bill solely because it was submitted by an attorney.
Another concern is the County’s accounts to which litigation costs were charged.
The County’s accounting system has a “ professional and special services account” in
each department’s budget. Outside legal services, for example, are charged to this fund
in County Counsel’s budget. Usually, such charges are “ allocated” to the department
where they arose. However, there is no provision for allocation to the Board of costs,
such as the redistricting litigation, which it originates. Because these costs followed the
Board’s rejection of the County Counsel’s advice, rather than because that office was
unable to respond, leaving them in County Counsel’s budget hides their true nature.
County Counsel gave the Board legal opinions on redistricting and related matters. If the
Board had heeded those opinions, it would not have undertaken legal action against the
County Clerk- Recorder. Eventually the outcome of the lawsuit demonstrated that County
Counsel’s opinions reflected a correct interpretation of law. If County Counsel were
unable to respond to a need for information within the assigned area of responsibility,
outside sources might be used to make up the deficiency and the cost charged to County
Counsel. However, in this instance County Counsel fully responded to the Board’s need
for information. To charge these costs to other than the Board effectively separates them
from their origin. Whether by design or not, the true nature of the costs is concealed.
Other Expenditures Related to Redistricting:
About $ 69,000 of the total expenditure reflects payroll and other costs associated with
developing plans by the subcommittee appointed for that purpose. If this futile project
had not been undertaken, those resources would have been available for other County
needs.
The pro- rata share of the costs of the March 5, 2002, election for the Measure B
referendum is $ 53,850. ( Measure B was related to redistricting.)
2001- 2002 Butte County Grand Jury
BUTTE COUNTY BOARD OF SUPERVISORS
30
Code of Ethics:
The County’s “ Mission Statement” is an expression of how “ . . . elected and appointed
officials and employees . . .” are to conduct the County’s affairs. In other words, it is a
general statement applicable to the County’s workforce as a whole.
No statement exists as to what constitutes acceptable conduct by the Board of
Supervisors. However, in its lead role, the Board sets the standard for the rest of County
government.
The Grand Jury communicated with several counties for information about supervisorial
codes of ethics. A distillation of the responses is included here as a suggested outline of a
basic code of ethics.
Code of Ethics
A. We will hold to and demonstrate the highest standards of personal integrity,
truthfulness and honesty in all public activities.
B. We will uphold these principles, being ever conscious that public office is a
public trust.
C. In the performance of our governmental duties, we will be sensitive to
circumstances that could be misconstrued as a special favor, something to be
gained personally, acceptance of a favor, or as an influence in the outcome of our
performance.
D. We will be aware that private promises of any kind may conflict with public duty
and responsibility.
E. We will always perform our governmental duties conscientiously.
F. We will always act responsibly with confidential information received in the
performance of our governmental duties.
G. Outside activities will be compatible with objective performance of governmental
duties.
H. We will faithfully comply with all laws and regulations applicable to the County,
and apply them impartially to everyone.
I. We will not vote on personally related issues.
Findings
1. Several redistricting plans were prepared by a subcommittee established for that
purpose.
2. None of the plans prepared through subcommittee were adopted. Instead, a plan 5
prepared by a supervisor who was a member of the subcommittee, but without
2001- 2002 Butte County Grand Jury
BUTTE COUNTY BOARD OF SUPERVISORS
31
that group’s participation, was presented to the Board of Supervisors and adopted
on a 3- 2 vote.
3. A successful referendum prevented use of plan 5 redistricting lines in the election
of March 5, 2002.
4. The Board of Supervisors voted 3- 2 to bring legal action against the County
Clerk- Recorder, with the intention of forcing use of plan 5 boundaries in the
March 2002 election.
5. A Butte County Superior Court Judge ruled in favor of the County Clerk-
Recorder, agreeing with opinions given both the Board of Supervisors and the
County Clerk- Recorder by County Counsel.
6. On 2 recent occasions the State of California has contacted Butte County about its
General Plan. The Board of Supervisors responded, using a scarcity of funds to
justify the level of review and revision.
7. Litigation against the County has been initiated about land use and alleged
deficiencies in the General Plan.
8. The Board of Supervisors caused over $ 175,000 to be spent unproductively on
redistricting. In addition, $ 53,850 of the cost of administering the March 5, 2002,
election was related directly to the Measure B referendum.
9. The present system of accounting does not charge extraordinary legal fees directly
to the Board of Supervisors.
10. The Board of Supervisors does not have a formal Code of Ethics.
Recommendations
1. A cost be charged to an account that actually reflects the reason the cost was
incurred.
2. An account be established to link directly to the Board of Supervisors any cost it
generates, provided:
a. It proceeds against the opinion or advice of any unit of the county government
when:
1) the unit has spoken to the Board of Supervisors on a matter within its area
of responsibility, and
2001- 2002 Butte County Grand Jury
BUTTE COUNTY BOARD OF SUPERVISORS
32
2) the opinion or advice of the unit is subsequently shown to have been such
that, had it been followed, the costs would not have been incurred, or
b. The Board of Supervisors does not seek an opinion or advice from the
appropriate unit and subsequently takes an action, which results fail to justify
the expenditure.
This account’s title and description should make clear the nature of the charges
made to it.
3. The Board of Supervisors adopt, publicize, and apply a code of ethics covering its
own decisions and actions, apart from any statement of general aims or policy.
Responses Required ( Penal Code § 933 & 933.05)
Butte County Board of Supervisors
Butte County Chief Administrative Officer
Butte County Auditor- Controller
Butte County Counsel
2001- 2002 Butte County Grand Jury
BUTTE COUNTY INFORMATION SYSTEMS
AND COMMUNICATIONS SERVICES
33
Reason for Visit/ Investigation
The Butte County Information Systems and Communications Services is relatively new
in the County. It is important that the citizens of the County be informed of the services
performed by this department.
Background
The Information Systems Director was appointed 4 years ago to update the County’s
antiquated communications services. He started with a very limited budget and 3
employees. Presently there are 10 positions in Information Systems and 8 in
Communications Services.
Investigation
The Grand Jury looked into several areas of the Information Systems and
Communications Services. They are responsible for the computer equipment that allows
all the County departments to communicate with each other through a fiber optic network
and interact on secure systems that are up 99.9% of the time. All communication systems
have multiple backups ( batteries, generators, etc.), and are almost “ virus” proof. When a
virus does manage to invade the system, the department has the means to track it to its
source.
The Director and his team have insured that the County has both network security and
Internet security. They provide training and follow- up support for County departments
and provide centralized e- mail and Internet access. They also manage pager systems and
the Centrex phone system for the County and outside agencies.
The Information Systems Director hired a coordinator with many years experience with
Pacific Bell to head the Communications Services. The first project was to review and
improve the Emergency 911 ( E911) system, which at that time had as many as 300
misdirected calls per year; now they have fewer than 5. Butte County has the lowest
incidence of misdirected E911 calls in the State.
The Communications Services Manager attends all meetings of the National Emergency
Number Association ( NENA) to acquire information on E911 and Reverse 911. Reverse
911 is a system by which citizens can be notified of emergencies in their area. NENA is
made up of several communications elements including Pacific Bell, MCI and several
other wireless as well as line companies. NENA has meetings quarterly as well as an
annual meeting to insure its members have all the latest data available.
2001- 2002 Butte County Grand Jury
BUTTE COUNTY INFORMATION SYSTEMS
AND COMMUNICATIONS SERVICES
34
Butte County has 7 Public Safety Answering Points ( PSAP), consisting of the following:
Butte County Sheriff’s office, Oroville, Chico and Paradise Police Departments,
California Division of Forestry, Butte College and California State University, Chico.
Most counties have only 2 or 3. The Communications Services Manager provides PSAP
members with information from the NENA meetings.
There are 149,000 phone numbers with unique addresses in Butte County updated on a
daily basis. Approximately 48 hours are required to revise information in the database
for E911. A consultant who is paid by the State handles this part of the system. The
Communications Services Manager is the coordinator for the entire County’s E911
system.
The department is now involved with upgrading radio communications within the
County. When the system was first looked into, it was discovered that some radio
communication systems had not been upgraded in 30 years. In many cases, parts are not
available for repairs. When installed, much of the equipment was already nearly
obsolete. An outside engineering firm has been hired to help with the inspection of
towers. The cost of upgrading the radio communications will be approximately $ 4.12
Million and will take from 2 to 3 years to complete.
Communications Services has enlisted the aid of radio user groups to accompany them to
the Board of Supervisors to request funds to improve the system. They first approached
the Board 2 years ago. No changes were approved by the Board. Some of the PSAP
members will be using money from their own budgets to help implement the necessary
improvements.
Another project is the centralization of the dispatch system for radio communications to
be located at the Sheriff’s facility.
Commendation
The talent and dedication of the people in the Information Systems and Communications
Services is outstanding. They have created a system to serve the County with very
limited funds and continue to improve the system for the benefit of Butte County
residents.
Findings
1. Radio communications is seriously out of date and will be costly to repair.
2001- 2002 Butte County Grand Jury
BUTTE COUNTY INFORMATION SYSTEMS
AND COMMUNICATIONS SERVICES
35
Recommendations
1. The Board of Supervisors consider funding sources, including a bond issue to
finance the new radio communications system.
Responses Required ( Penal Code § 933 & 933.05)
Butte County Board of Supervisors
2001- 2002 Butte County Grand Jury
COUNTY VETERANS SERVICE OFFICE
36
Reason for Visit/ Investigation
The services provided by the County Veterans Service Office for our county veterans
needed to be reviewed and reported for the benefit of all our residents. Previous Grand
Juries have focused primarily on the Veteran Memorial Halls.
Background
The County Veterans Service Office was established by Butte County in 1946 for the
purpose of informing veterans of services and benefits available. The office, located in
Chico, assists veterans in filing claims and follows through to make sure the veterans
receive their benefits.
Investigation
This office operates with a budget of $ 167,000, 31% of which is provided by the state,
paid in 2 installments yearly. This money is paid into the general fund and then to the
County Veterans office. The remaining 69% is funded by the County.
The Veterans Service Officer conducts an extensive outreach program. He attends as
many veterans’ gatherings as possible to personally meet veterans and provide
information as to their rights to benefits and services.
A half million veterans live in Northern California, 20,000 of whom are in Butte County.
The benefits paid to these veterans bring $ 18 Million into the County, with an additional
$ 1 Million in claims for new benefits each year.
One of the many benefits available to disabled veterans is a college fee waiver for
dependents. Butte County averages 300 students per year taking advantage of this
benefit.
Veterans have access to rehabilitation facilities for drug and alcohol related problems.
The program is fully funded by the Federal government. If veterans have need of this
type of facility, the County Veterans Service Office refers them to the Veterans
Counseling Center, located in Chico. They are then referred to the type of facility
needed. The rehabilitation centers are located in San Francisco and Palo Alto.
Transitional housing is available for homeless veterans, funded by State and Federal
grants. The only requirement, aside from being a veteran, is to be in a qualifying job
search or school.
2001- 2002 Butte County Grand Jury
COUNTY VETERANS SERVICE OFFICE
37
The Office handles requests for military records and decorations, discharge upgrades and
correction of military records as needed.
Among other services provided by this Office are filing claims for:
· Compensation for service related injuries or diseases
· Dependency Indemnity Compensation for survivors based upon service-connected
death
· Pension for war- era veterans and death pension for dependents of war- era
veterans who died of non- service- connected disability
· Dependent allowances
· Vocational rehabilitation
· Home loans
· Education benefits
· Life insurance
· Burial benefits
At this time, all claims for Northern California are sent to Oakland for processing and
sometimes take up to 2 years to complete after reaching that office.
Commendation
This office is very well run. Only 3 of the staff are employees paid by the County. In
addition, there are 5 college students who are also veterans. They are in a work- study
program and are paid by the Federal Veterans Administration.
Findings
1. The outreach program conducted by the Veterans Service Officer takes him
throughout the County. A laptop computer would allow him to enter information
acquired directly into the system. The software needed would be reimbursed by
the State.
2. An in- office computer program is needed to speed up the claims process. With
the program for their computers, much of the information gathering that slows
down the claims process could be accessed locally, thus speeding up the
processing once the claims are sent to Oakland. The Officer is already in
negotiation for the needed software, which will be paid for by the Federal
Veterans Administration.
2001- 2002 Butte County Grand Jury
COUNTY VETERANS SERVICE OFFICE
38
Recommendations
1. The Veterans Service Officer include in his budget funding for a laptop
computer for the outreach program.
2. The Board of Supervisors allocate funds for said laptop computer.
Responses Required ( Penal Code § 933 & 933.05)
Butte County Board of Supervisors
Veterans Service Officer
2001- 2002 Butte County Grand Jury
ROCK CREEK / KEEFER SLOUGH
FLOOD CONTROL PROJECT
39
Reason for Visit/ Investigation
The 2001- 2002 Grand Jury received a complaint about the proposed flood control project
affecting the Rock Creek and Keefer Slough areas north of Chico. The complainants
were concerned about possible negative effects of flood control measures on their
individual properties.
Background
According to the Butte County Office of Emergency Services, parts of the area have
flooded repeatedly in the past 100 years. Flooding was severe in 1995, 1997 and 1998,
with damages exceeding $ 89 Million. Residents contacted their County Supervisor for
assistance with these problems. The Supervisor has worked on the problem since 1997.
She enlisted help from members of the U. S. Senate and House of Representatives. The
Army Corps of Engineers agreed to do a feasibility study. A working group resulted
which included Butte County, State offices and legislators, and Federal offices and
legislators.
These efforts resulted in the Rock Creek / Keefer Slough Flood Control Project ( See
Exhibit A).
Investigation
The County Supervisor was interviewed by members of the Grand Jury. Lists and
minutes were furnished concerning 26 meetings held from July 1998 to July 2001. Four
of these meetings were for the public at large; others were with special interest groups,
individuals and neighborhood groups. In addition to the minutes, names and addresses
were provided of residents from various impacted neighborhoods to whom notices have
been sent. The Grand Jury also received a breakdown of Federal, State and County
contributions needed, monetary damages from past flooding, and potential cost of the
project to individual homeowners.
The Grand Jury obtained maps of the area showing proposed sites of flood walls, levees,
berms, stream channel improvements, etc. The Supervisor explained the maps in detail,
showing the complexity of the project and the many adaptations that have already been
made to meet individual landowners' needs.
The project manager, in the Butte County Department of Public Works, was interviewed.
He supplied a detailed log of all meetings and activities on the project from May 1999 to
July 2001. He described the first public meeting in June 1999, attended by 500 residents
who were notified by mail and newspapers. Questionnaires were distributed asking for
2001- 2002 Butte County Grand Jury
ROCK CREEK / KEEFER SLOUGH
FLOOD CONTROL PROJECT
40
interest in volunteering and other input. Further meetings were held with residents east
of Highway 99, ranchers west of Highway 99, environmental groups, landowners and
other groups who asked for meetings.
Subsequent meetings were publicized by the Corps of Engineers, the Reclamation Board
of California ( which led a tour of the proposed area) and neighborhood residents
themselves.
The project manager explained the funding: 50% of the cost to be borne by the Corps of
Engineers and 50% by non- federal sources ( Reclamation Board, CalTrans, State
Legislature.) Landowners within the flood control district have incurred no cost but will
pay for maintenance after the project's completion. Their maintenance fees will be based
on the degree of risk of flooding.
One major concern of landowners is possible public use of levees that could diminish
their privacy. The project manager emphasized that the design is evolving and open to
modification. Project time line is not fixed: it may be the year 2004 before the first
shovel of earth is turned. The project is currently on hold because the State Legislature
has not appropriated the needed funds. The next stage will require approvals by various
government entities. No plan will be selected without further citizen input. There is no
firm future time line.
Findings
1. The Grand Jury found evidence that residents of the affected area have been
individually notified of meetings since July 1998 and have been offered many
opportunities for input, both in groups and in individual conferences. It was
found that the complainants' main concerns have been repeatedly dealt with in
meetings from July 1998 to July 2001, and as recently as January 2002, as shown
in minutes of the meetings and newspaper coverage.
2. The flood control project has lagged behind in its projected time line due to
several factors, principally the inaction of the State Legislature in approving funds
needed for the State's share of the cost.
Recommendations
1. Continuation of neighborhood meetings and individual appointments to answer
ongoing concerns of residents of the flood control project area.
2001- 2002 Butte County Grand Jury
ROCK CREEK / KEEFER SLOUGH
FLOOD CONTROL PROJECT
41
2. The Board of Supervisors be kept up to date with current information on the
project, since its approval will be necessary for the completion of the flood
control project.
3. The County continue to lobby governmental agencies for funds to complete the
Rock Creek / Keefer Slough Flood Control Project in order to prevent future
flooding disasters.
Responses Required ( Penal Code § 933 & 933.05)
Butte County Supervisor, District 3
Butte County Board of Supervisors
Butte County Department of Public Works, Project Manager
2001- 2002 Butte County Grand Jury
42
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2001- 2002 Butte County Grand Jury
ROCK CREEK / KEEFER SLOUGH
FLOOD CONTROL PROJECT
43
EXHIBIT A
2001- 2002 Butte County Grand Jury
ROCK CREEK / KEEFER SLOUGH
FLOOD CONTROL PROJECT
44
EXHIBIT B
2001- 2002 Butte County Grand Jury
45
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2001- 2002 Butte County Grand Jury
BUTTE COUNTY FIRE DEPARTMENT
UPPER RIDGE FIRE PROTECTION
46
Reason for Visit/ Investigation
A Magalia resident had filed a complaint with the 2000- 2001 Grand Jury stating that fire
hydrants in his Paradise Pines neighborhood had not been tested or maintained.
The 2001- 2002 Grand Jury received a follow- up complaint from the same individual
stating that he believed the hydrants still had not received maintenance.
Background
The Butte County Fire Chief verified that the testing and maintenance had been
performed in the year 2000- 2001.
When the same citizen filed a second complaint, stating that he hoped the Grand Jury
“ would seek and investigate service records” of work done on hydrants, members of the
Grand Jury met once again with the Fire Chief to review hydrant maintenance in
Magalia.
Investigation
The Fire Chief stated that hydrants are owned and maintained by the Del Oro Water
Company. He explained how hydrants are tested: ordinarily, hydrants are not flushed out
during their regular maintenance, since flushing causes water in neighborhood mains to
be brown.
A letter from the Fire Chief to the Grand Jury verifies that a member of the Butte County
Fire Department and a Del Oro Water Company representative “ tested and flowed the
hydrants in question and found them all to be operating properly.” The same tests were
conducted after the first complaint and again in answer to this second inquiry.
Findings
1. The Butte County Fire Department conducts regular testing on fire hydrants
throughout the County.
Recommendations
None
2001- 2002 Butte County Grand Jury
BUTTE COUNTY FIRE DEPARTMENT
UPPER RIDGE FIRE PROTECTION
47
Responses Required ( Penal Code § 933 & 933.05)
None required.
2001- 2002 Butte County Grand Jury
BUTTE COUNTY LOCAL AGENCY FORMATION COMMISSION
48
Reason for Visit/ Investigation
The Butte County Local Agency Formation Commission ( LAFCO) is a regulatory
agency with county- wide jurisdiction. LAFCO is in the process of implementing new
State imposed guidelines issued September 15, 2000. The Commission on Local
Governance for the 21st Century made broad recommendations revising the Cortese- Knox
Local Government Reorganization Act of 1985. The recommendations took effect July 1,
2001. Because of these new guidelines and because the most recent Grand Jury review of
LAFCO took place in 1998, another review is timely.
Background
LAFCOs were established in 1963 by the State Legislature in all 58 California counties.
Their purposes were to deal with issues of orderly growth in the State: to preserve
agricultural land, to discourage urban sprawl, to oversee fiscal responsibility in Special
Districts and County Service Areas ( CSAs) and to establish Spheres of Influence for each
city and Special District.
The Butte County LAFCO is comprised of 7 members: 2 County Supervisors appointed
by the Board of Supervisors, 2 city/ town council members appointed by mayors, 2 from
Special Districts, and a public member elected by the other 6 members. Commissioners
serve 4- year terms. There are 4 alternates.
LAFCO has a full- time staff of 4: an executive officer, senior planner, administrative
assistant and office assistant. Until July 1, 2001, the agency was part of the Development
Services Department.
The Executive Officer is now responsible to LAFCO, not to the Board of Supervisors.
Investigation
The Executive Officer of LAFCO was interviewed. Follow- up questions were answered
by the Senior Planner, and County Counsel clarified the new relationship of LAFCO to
County government.
LAFCO is conducting reviews of all Special Districts and CSAs to determine their
viability. Five years will be required to complete this process.
Special Districts in the County are mentioned in different County documents as
numbering anywhere from 30 to 150. The Grand Jury questioned this disparity. The
distinction between Special Districts and CSAs was clarified. Butte County currently has
2001- 2002 Butte County Grand Jury
BUTTE COUNTY LOCAL AGENCY FORMATION COMMISSION
49
41 Special Districts and 94 CSAs. The number of CSAs diminishes steadily through
merger, consolidation and dissolution. Less frequently, new ones may be formed.
CSAs may include such services as street lighting, sewer, drainage and storm drain
maintenance. Special Districts may include parks and recreation, reclamation, water,
mosquito abatement and cemetery districts. Typical applicants for LAFCO services
might include an individual home owner requesting annexation to a sewer district due to
a failing septic tank; developers seeking annexation to cities to obtain more favorable
urban services for new housing; cities wishing to annex “ islands” of unincorporated land
located within their borders in order to avoid duplication of services; or Special Districts
or cities wishing to consolidate governmental agencies into one streamlined and
economical entity.
LAFCO, acting on requests, establishes Spheres of Influence for all cities and Special
Districts in the County. A Sphere of Influence is the physical boundary and service area
that a local governmental agency is expected to serve in an efficient manner. LAFCO is
charged with insuring consistency between a city or Special District and its request for
Sphere of Influence designation. A proposed Sphere of Influence must meet
requirements for infrastructure needs ( police, fire, water and sanitation) for the next 20
years. LAFCO recommends that cities and districts make Spheres of Influence more
compact rather than more wide- ranging in order that infrastructure needs be supportable.
The most recently published LAFCO reports on 4 Spheres of Influence ( Chico, Paradise,
Oroville, Gridley) in Butte County are dated 1985. Recently the Chico City Council and
Paradise Town Council have discussed possible expansion of their Spheres of Influence.
The 1985 documents now require revisions in light of the current interest of Chico and
Paradise in expanding their Spheres of Influence.
LAFCO's communication with the public includes a leaflet and a Web site. The present
leaflet is outdated and is under revision to include an explanation of its functions, budget,
membership of the Commission and a map. The Web site contains helpful information
similar to that in the leaflet, but some of it is “ under construction”. The address is
http:// www. butte. lafco. ca. gov. The State of California has a similar Web site at
http:// www. calafco. org.
Since July 1, 2001, LAFCO has been an independent County agency under the State of
California Government Code. It is no longer supported solely by the County but through
a cooperative agreement among its 3 member constituencies represented on the
Commission: 45% from the County, 45% from the 5 cities and 10% from the Special
Districts. This represents an initial step toward separation from the County for all but
specified contracted services, such as auditing, personnel actions, County Counsel, mail
room and insurance.
2001- 2002 Butte County Grand Jury
BUTTE COUNTY LOCAL AGENCY FORMATION COMMISSION
50
Detailed mapping of the County is crucial to LAFCO’s work. LAFCO in the past has
utilized Geographic Information Systems ( GIS) mapping services in the Development
Services Department, and it has often been difficult to meet mapping needs. Since the
initial Grand Jury interview, LAFCO has solved its problem by purchasing its own
computer equipment for mapping, and the system is functioning.
Commendation
The Grand Jury commends LAFCO, its Executive Officer, staff and Commissioners for
their many improvements under newly revised guidelines. LAFCO is efficiently
pursuing its mandates and moving ahead in solving its most pressing problems.
Findings
1. Basic changes in guidelines have caused major changes in how LAFCO fulfills its
responsibilities.
2. LAFCO is no longer part of the Development Services Department. It is now an
independent County agency.
3. Special Districts and CSAs are being reviewed. Five years will be required to
complete the process.
4. As one of its most important charges, LAFCO adopts Spheres of Influence for
local governments.
5. LAFCO is now equipped to meet its own mapping needs.
Recommendations
None
Responses Required ( Penal Code § 933 & 933.05)
None required.
2001- 2002 Butte County Grand Jury
BUTTE COUNTY JAIL AND
SHERIFF’S EVIDENCE FACILITY
51
Reason for Visit/ Investigation
Each Grand Jury is required to visit/ inspect the Butte County Jail at least once during
their term.
Background
The Butte County Jail was originally built in 1964, and the men’s section was rebuilt to
the present- day pod system in 1994. There exists a total of 12 pods, divided into 2
“ sides”, the “ Charlie Side” ( maximum security) and the “ Delta Side” ( medium security).
Each pod is a large area comprised of cells. On the Charlie Side, 1 pod is made up of 16
single cells, and the other 5 pods are made up of 16 two- man cells, totaling 176 beds on
the maximum security side. The Delta Side is comprised of 6 pods configured in a 40-
man dormitory setting, totaling 240 beds on the medium security side. Control towers,
one for Charlie and one for Delta, overlook these pods, which is a very efficient method
to monitor a large number of inmates with a minimum number of staff.
The women’s section has not been rebuilt into a “ pod” system and remains basically
unchanged as to style since the facility was built in 1964. This section is comprised of 4
sections with steel barred cells. “ U Section” is comprised of 3 single cells, each with 1
bed. “ T Section” is broken down into two 12- bed cells and 2 single cells, each with 1
bed. “ W Section” presently includes one 12- bed cell, one 4- bed cell, one 5- bed cell, and
one 2- bed cell, with an additional 2 beds being added. “ R Section” has one 8- bed cell,
one 6- bed cell and 3 single cells, each with 1 bed. The women’s section holds a total of
68 inmates, and averages between 60 and 65 inmates at any given time.
There are also 6 unisex single cells to accommodate inmates requiring medical treatment,
mentally ill inmates and high security inmates.
The Evidence Facility is under the control of the Butte County Sheriff, and was
established and built in July 1967.
Investigation
The 2001- 2002 Grand Jury made 2 announced visits to the jail facility. The first was
October 3, 2001, and the second was February 2, 2002. Members of the Grand Jury
again visited the facility on April 22, 2002, to re- view the female section of the jail. The
same Facility Sergeant, who was extremely professional and helpful, led these tours. All
areas of the jail were open for inspection.
2001- 2002 Butte County Grand Jury
BUTTE COUNTY JAIL AND
SHERIFF’S EVIDENCE FACILITY
52
The kitchen tour proved to be a positive experience for the Grand Jury. The cleanliness,
staff, facility, meal quality and quantity were beyond all expectations.
During the February 2, 2002, visit the Grand Jury also had the opportunity to view the
Sheriff’s Evidence Facility. The entire facility represents a disaster waiting to happen.
The 2 front areas are cluttered with paperwork. The storage area for evidentiary items is
stacked, floor to ceiling and in the aisles, with everything imaginable. The side area,
where officers bring in evidence, has old Rubber- Maid- type tubs and what appear to be
home- made wooden lockers.
During these visits the Grand Jury members took notes, asked questions and viewed all
areas of both facilities. All staff contacted were very professional in both appearance and
attitude.
Findings
1. The 1999- 2000 Butte County Grand Jury recommended that emergency
procedures be posted conspicuously in the control room to make it clear who has
the authority and responsibility to notify control room personnel when they can
safely leave, or must leave, the control room in the event of an emergency.
The Sheriff responded to the 1999- 2000 Grand Jury Report saying, “ Specific
guidelines will be developed, and posted inside and outside of the control room to
ensure an orderly evacuation or entry, as the situation requires.” As of the Grand
Jury’s latest tour in February 2002 these guidelines have not been established or
posted.
2. In comparison to the Men’s Facility, the Women’s Facility is deplorable. Unlike
the men’s large, bright common areas, the women’s area is taken up with cot- type
beds and eating tables. Although the Women’s section meets minimum State
requirements, it is run down and shabby, generating a completely demeaning
atmosphere.
3. The Evidence Room, also mentioned in the 2000- 2001 Grand Jury Final Report,
remains unchanged. This facility should be classified as “ stone age” still in use in
the 21st Century.
Recommendations
1. The Sheriff establish specific emergency procedure guidelines and post them, as
stated in the Response given to the past Grand Jury.
2001- 2002 Butte County Grand Jury
BUTTE COUNTY JAIL AND
SHERIFF’S EVIDENCE FACILITY
53
2. The Board of Supervisors, as a whole, make an unannounced visit to the Butte
County Jail to compare female and male areas and formulate a plan to correct this
inequity.
3. As recommended by the 2000- 2001 Grand Jury, the 2001- 2002 Grand Jury again
suggests the Board of Supervisors visit the evidence facility for a first- hand view
of these crowded and hazardous conditions and find a way to upgrade this facility
in the immediate future.
Responses Required ( Penal Code § 933 & 933.05)
Butte County Board of Supervisors
Butte County Sheriff
2001- 2002 Butte County Grand Jury
BUTTE COUNTY JAIL
MENTALLY ILL INMATES
54
Reason for Visit/ Investigation
The Grand Jury received a citizen complaint of unjust treatment of a possible mentally ill
inmate at the Butte County Jail.
Background
Butte County does not stand alone with the issue of mentally ill inmates in the jail
system. Numerous other counties within California are also facing the same dilemma.
Due to the shortage of “ secured” mental facilities throughout the State, it could, and
usually does, take weeks or months to transfer a mentally ill inmate from the jail system
to a facility that treats the mentally ill.
Investigation
The Butte County Sheriff and many of the jail staff were interviewed by members of the
Grand Jury regarding mentally ill inmates. All responses were professional and sincere.
All stated they do whatever is possible to protect not only the mentally ill inmate, but also
other inmates and all jail staff. But, again, their hands are tied due to the lack of facilities
in which to relocate these disturbed inmates. The Butte County Jail does maintain an on-call
psychiatrist and an on- duty psychiatric nurse who monitor inmates as needed. The
Grand Jury was informed that because the Butte County Jail is not a “ designated
psychiatric facility”, inmates cannot be forced to take medications.
The California Board of Corrections has issued 30 research grants, one of which was
issued to Butte County, to study this issue in depth. The “ Mentally Ill Offender Crime
Reduction Grant” was approved by the Board of Supervisors. The Sheriff’s department
is the lead agency. Other entities involved in the grant include the Superior Court, the
Consortium of Public Defenders, the Probation Department, the Behavioral Health
Department and the District Attorney’s Office.
Findings
1. The Grand Jury found no evidence to substantiate the citizen’s complaint.
2. The 30 grants are presently in the first year of a 3- year study after which the
California Board of Corrections will evaluate the findings/ recommendations prior
to changing the present system.
2001- 2002 Butte County Grand Jury
BUTTE COUNTY JAIL
MENTALLY ILL INMATES
55
Recommendations
None
Responses Required ( Penal Code § 933 & 933.05)
None required.
2001- 2002 Butte County Grand Jury
BUTTE COUNTY JUVENILE HALL
56
Reason for Visit/ Investigation
The Grand Jury is required, by mandate, to visit the Butte County Juvenile Hall, inspect
the facility and report on its condition.
Background
The Juvenile Hall is under the direction of the Butte County Probation Department and
was constructed in 1976 to house 60 juveniles.
The new 60,000 square foot facility is presently under construction and scheduled to be
completed during the fall of 2002. This new facility is being built to handle a capacity of
120 juveniles. Initially it will hold only 80 juveniles due to a shortage of staff. It is
anticipated the new facility will be fully staffed and occupied in 2 years.
Investigation
On October 17, 2001, the Grand Jury toured the existing Juvenile Hall, which included
housing units, the courtroom, kitchen, classrooms and gymnasium.
The kitchen and dining area appeared clean and cheerful. The menu is cost effective and
meets California State nutritional requirements.
The Grand Jury toured the recently remodeled Juvenile Court. The courtroom now is
adequate to accommodate the judge, court staff, prosecuting and defense attorneys, and
minors and their families.
Schooling is provided by the Butte County Office of Education. The school at the
juvenile facility is known as Table Mountain School. There are presently three
classrooms and a gym for physical education. Each juvenile’s school records are
immediately obtained from the last school attended. The Administrator/ Lead Teacher of
the school described the various ways his staff works to keep the juveniles on track in
their schooling.
Commendation
The Butte County Grand Jury wishes to commend those who donated their time,
materials, and expertise to the remodeling of the courtroom. This was accomplished at
no cost to the County. Their dedication and service to the community are a wonderful
donation to this facility and to Butte County.
2001- 2002 Butte County Grand Jury
BUTTE COUNTY JUVENILE HALL
57
Findings
1. The Administrator/ Lead Teacher at the Juvenile Hall school who gave the Grand
Jury a short orientation on how the school operates was very inappropriately
dressed. “ Casual” is acceptable in certain circumstances, but old tennis shoes,
wrinkled shirt and short pants do not appear appropria te. The law enforcement
personnel at the facility were dressed in uniforms, which sets the tone of the
facility for professional civilian attire.
Recommendations
1. Butte County Probation Department establish guidelines for more appropriate
attire for the Juvenile Hall civilian employees.
Responses Required ( Penal Code § 933 & 933.05)
Butte County Chief Probation Officer
Superintendent, Butte County Office of Education
2001- 2002 Butte County Grand Jury
GENERAL SERVICES DEPARTMENT
BUTTE COUNTY EMERGENCY SERVICES OFFICE
58
Reason for Visit/ Investigation
Part of the function of the Grand Jury is to visit/ investigate as many County offices as
possible during the Grand Jury’s term. This office was selected in part due to the
September 11, 2001, attack on America, and also because this office had not been visited
since 1993.
Background
The Emergency Services Office is a division of General Services and is responsible for
preparing and carrying out plans to protect persons and property within the County in the
event of an emergency. This office also provides coordination of emergency services
within the County.
The Emergency Services Office was established in 1952 by the Thomas B. Stafford Act
and was not staffed with its own officer, whose sole duty was emergency services, until
1994.
The Emergency Services Office establishes and maintains emergency management
functions for both the incorporated and unincorporated areas of Butte County.
Investigation
Members of the Grand Jury met with the Emergency Services Officer on November 26,
2001. Due to lack of office space, the meeting was held in the Personnel Training Room
in the Butte County Administration Building. Numerous subjects were discussed, such as
staffing, budgets, preparedness for biological/ chemical incidents and other possible
emergencies. Jurisdictional issues and the Reverse 911 Notification System ( also known
as “ County Watch”) were also discussed.
The office is staffed with 1 Emergency Services Officer, whose background includes
experience as a HazMat Specialist, nurse, manager of Chico Ambulance Service and
computer programmer, and has various other training related to his field. The office is
also staffed with 1 part- time ( 75%) clerical position. As stated in the State and Federal
Emergency Management Agency ( FEMA) guidelines, this office should be staffed with 5
emergency services personnel and 3 clerical assistants. There is no second in command
within this office who is trained to step in and handle emergencies. There is no staff to
assist in the field should multiple emergencies occur.
The Emergency Services Officer works with FEMA, the State of California and many
department heads within Butte County. Service organizations such as Red Cross and
2001- 2002 Butte County Grand Jury
GENERAL SERVICES DEPARTMENT
BUTTE COUNTY EMERGENCY SERVICES OFFICE
59
Amateur Radio Operators are a valuable resource and provide important assistance in
time of need.
Butte County has a Level I lab. Level I is the required level for detecting
biological/ chemical agents. Butte County has 2 Type I Emergency Vehicl
Click tabs to swap between content that is broken into logical sections.
| Rating | |
| Title | Butte County Grand Jury... final report |
| Subject | Grand jury--California--Butte County.; Butte County (Calif.)--Politics and government. |
| Description | Description based on: 2003/2004.; Harvested from the web on 1/30/07 |
| Creator | California. Grand Jury (Butte County) |
| Publisher | Butte County Grand Jury] |
| Type | Text |
| Language | eng |
| Relation | http://worldcat.org/oclc/24258777/viewonline |
| Format-Extent | digital, PDF files. |
| Relation-Requires | System requirements: Adobe Acrobat Reader.; Mode of access: Internet. |
| Transcript | SUPERIOR COURT OF CALIFORNIA COUNTY OF BUTTE One Court Street Oroville, CA 95965- 3303 ( 530) 538- 7611 June 28, 2002 2001- 2002 BUTTE COUNTY GRAND JURY FINAL REPORT The Grand Jury Final Report has been filed on this date pursuant to Penal Code Section 933. A copy of the report is enclosed. Your attention is invited to the following code section regarding the time requirements for comment to the report. PENAL CODE SECTION 933 § 933. Report of findings and recommendations; Comment by governing body of agency and by mayor. ( a) Each grand jury shall submit to the presiding judge of the superior court a final report of its findings and recommendations that pertain to county government matters during the fiscal or calendar year. Final reports on any appropriate subject may be submitted to the presiding judge of the superior court at any time during the term of service of a grand jury. A final report may be submitted for comment to responsible officers, agencies, or departments, including the county board of supervisors, when applicable, upon finding of the presiding judge that the report is in compliance with this title. For 45 days after the end of the term, the foreperson and his or her designees shall, upon reasonable notice, be available to clarify the recommendations of the report. ( b) One copy of each final report, together with responses thereto, found to be in compliance with this title shall be placed on file with the county clerk and remain on file in the office of the county clerk. The county clerk shall immediately forward a true copy of the report and the responses to the State Archivist who shall retain that report and all responses in perpetuity. ( c) No later than 90 days after the grand jury submits a final report on the operations of any public agency subject to its reviewing authority, the governing body of the public agency shall comment to the presiding judge of the superior court on the findings and recommendations pertaining to matters under the control of the governing body, and every elected county officer or agency head for which the grand jury has responsibility pursuant to Section 914.1 shall comment within 60 days to the presiding judge of the superior court, with an information copy sent to the board of supervisors, on the findings and recommendations pertaining to matters under the control of that county officer or agency head and any agency or agencies which that officer or agency head supervises or controls. In any city and county, the mayor shall also comment on the findings and recommendations. All of these comments and reports shall forthwith be submitted to the presiding judge of the superior court who impaneled the grand jury. A copy of all responses to grand jury reports shall be placed on file with the clerk of the pub lic agency and the office of the county clerk, or the mayor when applicable, and shall remain on file in those offices. One copy shall be placed on file with the applicable grand jury final report by, and in the control of the currently impaneled grand jury, where it shall be maintained for a minimum of five years. ( d) As used in this section " agency" includes a department. PENAL CODE SECTION 933.05 § 933.05. Responses to grand jury reports ( a) For purposes of subdivision ( b) of Section 933, as to each grand jury finding, the responding person or entity shall indicate one of the following: ( 1) The respondent agrees with the finding. ( 2) The respondent disagrees wholly or partially with the finding, in which case the response shall specify the portion of the finding that is disputed and shall include an explanation of the reasons therefor. ( b) For purposes of subdivision ( b) of Section 933, as to each grand jury recommendation, the responding person or entity shall report one of the following actions: ( 1) The recommendation has been implemented, with a summary regarding the implemented action. ( 2) The recommendation has not yet been implemented, but will be implemented in the future, with a timeframe for implementation. ( 3) The recommendation requires further analysis, with an explanation and the scope and parameters of an analysis or study, and a timeframe for the matter to be prepared for discussion by the officer or head of the agency or department being investigated or reviewed, including the governing body of the public agency when applicable. This timeframe shall not exceed six months from the date of publication of the grand jury report. ( 4) The recommendation will not be implemented because it is not warranted or is not reasonable, with an explanation therefor. ( c) However, if a finding or recommendation of the grand jury addresses budgetary or personnel matters of a county agency or department headed by an elected officer, both the agency or department head and the board of supervisors shall respond if requested by the grand jury, but the response of the board of supervisors shall address only those budgetary or personnel matters over which it has some decision making authority. The response of the elected agency or department head shall address all aspects of the findings or recommendations affecting his or her agency or department. ( d) A grand jury may request a subject person or entity to come before the grand jury for the purpose of reading and discussing the findings of the grand jury report that relates to that person or entity in order to verify the accuracy of the findings prior to their release. ( e) During an investigation, the grand jury shall meet with the subject of that investigation regarding the investigation, unless the court, either on its own determination or upon request of the foreperson of the grand jury, determines that such a meeting would be detrimental. ( f) A grand jury shall provide to the affected agency a copy of the portion of the grand jury report relating to that person or entity two working days prior to its public release and after the approval of the presiding judge. No officer, agency, department, or governing body of a public agency shall disclose any contents of the report prior to the public release of the final report. 2001- 2002 Butte County Grand Jury Final Report TABLE OF CONTENTS Foreperson's Letter to the Presiding Judge ........................................................................... i Grand Jury Members............................................................................................................ ii Final Resolution.................................................................................................................. iii Grand Jury Statement.......................................................................................................... iv Acknowledgements.............................................................................................................. v A Brief History and Overview of the Grand Jury............................................................... vi Final Reports Audit/ Finance & Administration Butte County Auditor- Controller .................................................................................... 1 Butte County Auditor- Controller– Travel Reimbursement Policy .................................. 3 Accounting Procedures for Grants .................................................................................. 6 Investigators For Public Defenders ................................................................................. 9 City Government Town of Paradise Downtown Revitalization Master Plan.................................................................... 13 Projected Retir ement Related Attrition of Town Administrators............................ 20 Emergency Notification System.............................................................................. 23 County Offices Butte County Board of Supervisors............................................................................... 26 Butte County Information Systems and Communications Services.............................. 33 County Veterans Service Office .................................................................................... 36 Districts & Commissions Rock Creek/ Keefer Slough Flood Control Project ........................................................ 39 Butte County Fire Department– Upper Ridge Fire Protection....................................... 46 Butte County Local Agency Formation Commission................................................... 48 Emergency Services & Law Enforcement Butte County Jail and Sheriff's Evidence Facility......................................................... 51 Butte County Jail– Mentally Ill Inmates ........................................................................ 54 Butte County Juvenile Hall ........................................................................................... 56 General Services Department Butte County Emergency Services Office............................................................... 58 2001- 2002 Butte County Grand Jury Final Report TABLE OF CONTENTS ( Continued) Health, Education & Social Services Butte County Office of Education North County Community School and South County Community School........................................................................... 61 Butte- Glenn Community College District Sexual Harassment Prevention................................................................................ 65 Proposed Chico Center ............................................................................................ 72 Foster Family Agencies– Foster Care ........................................................................... 79 Butte County Department of Behavioral Health Patients Rights......................................................................................................... 88 Public Works Department of Development Services– Building Division County Code Enforcement ...................................................................................... 93 Unclassified Zoning of Cherokee ............................................................................ 96 Department of Development Services Termination of a County Employee ........................................................................ 97 Department of Public Works Fleet Maintenance ................................................................................................... 98 Appendices Appendix I Summary of Requested Respondents to the 2001- 2002 Grand Jury Final Report ............................................................................ 101 Appendix II Orientation and Training ............................................................................................. 105 Appendix III Offices, Departments, Boards, Commissions and Officials Visited, Observed, Reviewed, Investigated, Interviewed or Consulted by the Grand Jury............................................................... 107 Appendix IV Communicating With the Grand Jury.......................................................................... 111 Appendix V Comments to Responses of the 2000- 2001 Grand Jury Final Report ............................................................................ 112 2001- 2002 Butte County Grand Jury Final Report TABLE OF CONTENTS ( Continued) Responses to the 2000- 2001 Butte County Grand Jury Final Report Index .......................................................................................................................... 115 RESPONSES TO THE 2000- 2001 GRAND JURY FINAL REPORT MAY BE FOUND ON THE WEB http:// clerk- recorder. buttecounty. net AND IN BOUND COPIES OF THE 2001- 2002 BUTTE COUNTY GRAND JURY FINAL REPORT ON PERMANENT FILE IN THE BUTTE COUNTY LIBRARIES i BUTTE COUNTY GRAND JURY P. O. Box 110 Oroville, CA 95965 June 28, 2002 The Honorable Thomas W. Kelly Presiding Judge Superior Court, County of Butte One Court Street Oroville, CA 95965 Dear Judge Kelly: On behalf of the 2001- 2002 Butte County Grand Jury it is my privilege to present our Final Report to you and to the people of Butte County. This report reflects the work of a dedicated group of citizens. This year’s Grand Jury was comprised of 19 talented and hard working individuals from all walks of life. They spent many hours in research, interviews, visitations and investigations. After gathering all the information necessary they worked together to write, rewrite, update and edit the 26 individual reports that comprise the Final Report. I congratulate them for what they have achieved and want to express my deepest appreciation for the time and extra effort they put forth to make this year a very productive and rewarding time. The citizens of Butte County experienced some unique political maneuvers and problems this past year. As a result, the print media often speculated as to what the Grand Jury was investigating and, at times, even suggested what the Grand Jury should be investigating. At times the Grand Jury felt they were being used by certain factions to promote their own political agenda. This became quite a concern for the jurors as the confidentiality of our work was at stake. The Grand Jury maintained integrity in their activities, overcame the temptation to respond to the media and stood tall in their commitment to avoid public comment and allow the written Final Report to speak for itself. It has been my honor serving as Foreperson of the 2001- 2002 Butte County Grand Jury and to represent our community in this capacity. Sincerely, JoAnn Reiswig Loeffler Foreperson 2001- 2002 Butte County Grand Jury ii 2001- 2002 GRAND JURY MEMBERS JoAnn Reiswig Loeffler, Foreperson Chico Cynthia Hightower, Foreperson Pro Tem Chico Dorothy Anrig, Recording Secretary Chico Bette Garver, Corresponding Secretary Oroville Raymond Rice, Sergeant- at- Arms Paradise Kathryn Adams Gridley Naomi Bidleman Oroville Mary Buckingham/ Pinkerton Oroville Stephanie Eveatt Oroville Richard German Durham Joanne Gerson Chico Dallas Gilbertson Chico Chrisanne Gniechwitz Oroville Howard Grimes Oroville Terry Hanna Berry Creek Darlene Hollmann Chico Patricia Jones Chico Barbara Mahler Chico David Wilkinson Chico " The people's government made for the people, made by the people, and answerable to the people." Daniel Webster iii 2001 - 2002 BUTTE COUNTY GRAND JURY FINAL REPORT FINAL RESOLUTION WHEREAS, the Butte County Grand Jury has concluded the business of its term and has reached certain conclusions, and WHEREAS, the 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 recommenda-tions 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 2001- 2002 Butte County Grand Jury in Oroville on the 12th day of June 2002. " We think in America that it is necessary to introduce the people into every department of government as far as they are capable of exercising it, and that this is the only way to insure a long- continued and honest administration of its powers." Thomas Jefferson to Abbe Arnoux, 1789 2001- 2002 Butte County Grand Jury Final Report iv GRAND JURY STATEMENT The 2001- 2002 Butte County Grand Jury, impaneled on July 6, 2001, 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 2001- 2002 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 inspect 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. " Let us have faith that right makes might, and in that faith, let us, to the end, dare to do our duty as we understand it." Lincoln's Cooper Institute Address, February 27, 1860 2001- 2002 Butte County Grand Jury Final Report v ACKNOWLEDGMENTS The 2001- 2002 Butte County Grand Jury sincerely appreciates, acknowledges and thanks the following people and organizations for their support, guidance, and professional assistance and orientatio n, and for helping to make this Final Report possible: · Thomas W. Kelly, Judge of the Superior Court of California, Butte County, who presided over this Grand Jury; · County Counsel Bruce Alpert and Assistant County Counsel David McClain; · District Attorney Michael Ramsey; · The staff of the Superior Court of California, County of Butte, including Sharol Strickland, Court Executive Officer, and Orrin Banta, Administrative Services Assistant; · Butte County Superior Court Bailiffs; · Butte County Board of Supervisors Curt Josiassen, Jane Dolan, Mary Anne Houx, Robert Beeler, and Kim Yamaguchi; · The twenty- one Butte County Department Heads, the Superintendent of Schools and their staffs; · Officers who guided members of the Grand Jury through the Butte County Jail and Juvenile Hall; · 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. Clerk- Recorder/ Registrar Candace Grubbs and the superb staff of the County Recorder's office make Grand Jury Final Reports available on their web site: http:// clerk- recorder. buttecounty. net 2001- 2002 Butte County Grand Jury Final Report vi A BRIEF HISTORY AND OVERVIEW OF THE GRAND JURY ( with appreciation to various other grand juries for much of the following information) 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 Norma n 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 2001- 2002 Butte County Grand Jury Final Report vii and investigate the activities of county government, and in 1983 the State added munici-palities and districts to the purview of grand juries. Certain larger jurisdictions - such as the Cities/ 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 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 the ir 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 min-utes of its meetings may not be inspected by anyone, nor can its records be subpoenaed. 2001- 2002 Butte County Grand Jury Final Report vii 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 con-fidential. The jury does publish a report of its significant findings and recommendations. 2001- 2002 Butte County Grand Jury Final Report ix 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 re-sponses 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. 2001- 2002 Butte County Grand Jury BUTTE COUNTY AUDITOR- CONTROLLER 1 Reason For Visit/ Investigation The 2001- 2002 Grand Jury conducted the mandated review of the Independent Auditor’s Report for the year ended June 30, 2001, and the Butte County Final Budget for the fiscal year 2001- 2002. Background The audit was conducted for Butte County by Bartig, Basler & Ray, CPAs, Inc. of Roseville, California. The report includes a general- purpose financial statement of County assets, liabilities, equity, changes in fund balances, revenues, other credits and expenditures. In addition, a Single Audit Report was prepared on expenditures of Federal awards. Each year reference copies of the Butte County Final Budget are made available as public record documents at the Butte County libraries. The Butte County Audit Report may be reviewed at the Auditor- Controller’s office in Oroville. Investigation Butte County usually enters into a three- year contract for outside auditing services. The County prefe rs to contract with a CPA firm that can send a relatively large team to conduct the audit over several weeks. This is the second year of Bartig, Basler & Ray, CPAs, Inc.’ s three- year contract. According to the contract the final report is due by December 31st. This year the draft received was dated January 18, 2002. The final report was not received until mid- February 2002. By contrast, the same audit firm submitted the report for the year ended June 30, 2000, in early December 2000. The Single Audit Report for the year ended June 30, 2000, determined that the requirement for an annual face- to- face reassessment of all recipients’ eligibility for CalWORKS and Food Stamps was not being met. The report’s recommendation was that eligibility must be updated at least once every year. At the time the audit for the year ended June 30, 2001, the corrective action agreed upon by the Department of Employment and Social Services had not been implemented. In early March 2002 the Auditor- Controller requested that the Employment and Social Services Director respond in writing regarding the status of the Corrective Action Plan. The Director responded on April 30, 2002. The recommendations are being implemented. Many California counties have an audit committee cons isting of 3 to 5 members that includes the Auditor- Controller, the Chief Administrative Officer representing the Board 2001- 2002 Butte County Grand Jury BUTTE COUNTY AUDITOR- CONTROLLER 2 of Supervisors and 1 to 3 others as deemed appropriate. The purpose of an audit committee includes being the liaison between the County and the independent audit firm, making any necessary follow- ups, and being instrumental in selecting and changing the independent audit firm. Butte County does not have an audit committee. The Auditor- Controller functions as the “ Audit Committee". Discussions with the Chief Administrative Officer and his staff indicated that they had little involvement with the audit process. They referred any questions concerning the audit process to the Auditor- Controller. Findings 1. The general- purpose audit and the single audit for the year ended June 30, 2001, conducted by Bartig, Basler & Ray, CPAs, Inc. was not completed timely. 2. Recommendations made in the audit for the year ended June 30, 2000, were not implemented by the time of the audit for the year ended June 30, 2001. 3. Face- to- face reassessments of individuals in the CalWORKS and Food Stamp programs are not being made annually. 4. The Employment and Social Services Director has not completed implementing the corrective action that will bring Butte County into full compliance. 5. Butte County does not have an audit committee. A standard practice is not to have one individual with sole responsibility for the audit process. Recommendations 1. The Auditor- Controller insist on follow through of all audit finding responses to bring Butte County into full compliance. 2. The Board of Supervisors establish an Audit Committee to include the County Auditor- Controller, the Chief Administrative Officer and 3 other individuals. Responses Required ( Penal Code § 933 & 933.05) Butte County Board of Supervisors Butte County Chief Administrative Officer Butte County Auditor- Controller Butte County Department of Employment and Social Services Director 2001- 2002 Butte County Grand Jury BUTTE COUNTY AUDITOR- CONTROLLER TRAVEL REIMBURSEMENT POLICY 3 Reason for Visit/ Investigation The Grand Jury chose to check the quality of Butte County internal controls. We decided to investigate how travel reimbursements are processed, approved and paid. Background Butte County reimburses employees and department heads for travel expenses incurred while on authorized County business. The policies, rules and procedures are set out in written personnel rules and Memoranda of Understanding ( MOUs) with the unions. Investigation Members of the Grand Jury interviewed the Auditor- Controller regarding the reimbursement procedures. He informed the Grand Jury that Butte County has a standard travel voucher format. Mileage expenses are reimbursed at a standard mileage rate. Employees are reimbursed for the actual costs of meals and lodging. The claims must be backed up with receipts. An employee is not reimbursed for the purchase of any alcoholic beverages. All expenses must be reasonable. It was pointed out that a lobster dinner would not be considered reasonable. The only exception to the “ actual expenses” rule is that some MOUs require per diem in some situations. Employees submit a request for travel reimbursement through their department. They sign a statement ". . . under penalty of perjury that the services . . . have been performed . . . and that this claim is true and correct as stated”. Before it is submitted to the Auditor- Controller, the department head or his authorized agent signs a statement certifying that “. . . to the best of my knowledge, the services . . . have been performed . . . and there is a Budget Appropriation”. The Auditor- Controller’s staff checks the claim in minute detail for appropriate receipts and verifies the math. The Grand Jury discovered that department heads, appointed and elected, approve their own travel vouchers. Although their reimbursement requests must meet the same minute scrutiny as other employees, in case of a problem the Auditor- Controller will personally discuss it with the department head. The Grand Jury asked to see a sample of department head travel vouchers. The Grand Jury reviewed the reimbursement and the backup documentation of 4 department heads, 2 elected and 2 appointed, for the period July 2001 through December 2001. It was interesting to note that one of the appointed department heads wrote his signature differently when he signed as the claimant and when he approved the voucher. One of the elected department heads often had a member of his staff sign as the “ authorized agent”. 2001- 2002 Butte County Grand Jury BUTTE COUNTY AUDITOR- CONTROLLER TRAVEL REIMBURSEMENT POLICY 4 For the period reviewed some appointed department heads received a $ 520 per month auto allowance for mileage within Butte County. The total monthly payments are included as compensation on their W- 2. It is the employee’s responsibility to keep the required records for claiming the expenses as an itemized deduction when filing State and Federal tax returns. An appointed department head received the monthly allowance only if it was part of his negotiated contract. As of January 2002, the Board of Supervisors approved the monthly auto allowance for all department heads, both appointed and elected, except for those department heads who are provided emergency vehicles. On the selected travel reimbursements the Grand Jury determined that for the most part the claims were complete and thorough. The Grand Jury noted that one appointed department head did not always have the required receipts for meals claimed and was allowed a reasonable estimate. This same department head was one who received the monthly auto allowance. When traveling out of the County he computed his mileage from his office to the conference. The department head erroneously claimed, and was paid, mileage within Butte County. An elected department head used the travel voucher system for reimbursement when small equipment was purchased for the office, thus circumventing the County purchasing procedures. It was unclear whether this was an emergency, and the sample was too small to determine if this was done with any regularity. The purchase was charged to the correct budget code. In the future, reimbursing individuals for non- travel exp enses will not be a problem as Butte County has become a participant in Cal Card, a credit card program. Upon request, a department head can receive a credit card to use for County purchases. Controls can be put in place for each card to set a dollar limitation and parameters for restricted purchases. The cards can also be used for authorized travel. Findings 1. Butte County has a set of general travel reimbursement polices and procedures, which is augmented by Memorandum of Understanding with unions. 2. Travel reimbursement requests are reviewed and approved by the employee’s department head before being submitted to the County Auditor- Controller. 3. The County Auditor- Controller’s staff thoroughly checks the submitted travel requests for the required receip ts and to verify the math. The process is labor intensive for all concerned. 4. Department heads approve their own travel reimbursement requests. They attest to the accuracy of the claim and that there is a Budget Appropriation. 2001- 2002 Butte County Grand Jury BUTTE COUNTY AUDITOR- CONTROLLER TRAVEL REIMBURSEMENT POLICY 5 5. Butte County is now partic ipating in the Cal Card program. It may choose to issue credit cards to employees who frequently travel on County business. Recommendations 1. Butte County explore the use of a per diem rate for meals by all employees. This would reduce employee time in preparing travel vouchers and the time for reviewing travel vouchers by the County Auditor- Controller’s staff. Responses Required ( Penal Code § 933 & 933.05) Butte County Chief Administrative Officer Butte County Auditor- Controller 2001- 2002 Butte County Grand Jury ACCOUNTING PROCEDURES FOR GRANTS 6 Reason For Visit/ Investigation While interviewing various Butte County department and division heads, the Grand Jury heard concerns about what happens to Grant money after it was received by the County. The department heads felt that whether or not they received the benefits was arbitrary. Background Butte County derives significant funds from State, Federal and private Grants. Department heads and division heads are encouraged to actively pursue funding from available Grants. When a department submits its annual budget, it not only includes the expected expenditures, it includes an estimate of funds it expects to receive from other sources, resulting in “ Net Cost to the County”. Other sources can include fees, charges, reimbursements and funds from Grants. Investigation The Grand Jury began by interviewing department and division heads. Those interviewed informed us that they were actively applying for Grant funds that would benefit their departments and the County. They all had projects or equipment needs that could use additional funds. The departments felt they were diligent in doing the follow-up work required of the Grantee. However, when the funds came in, some departments felt they did not receive the expected benefits. Grants are submitted for approval to the Board of Supervisors ( Board). The Grand Jury interviewed staff members of the Chief Administrative Office ( CAO). We were informed that: · Grant requests go through the CAO before going to the Board. · The Grant may or may not have explicit language designating how the funds should be spent. · The CAO requires that a Grant include at least an additional 5% for cost of administrating the Grant. · The CAO does not aid departments in obtaining Grants or tell them which Grants to apply for. Department heads, and in some cases division heads, find available Grants and apply for them. All departments are encouraged to apply for Grants to offset their budgets. The County Auditor stated that his office disburses funds as instructed by the Board. The Board may instruct that the funds go directly to a department fund pursuant to the Grant language. At other times the funds are put into a “ Suspense Fund” until the Board makes 2001- 2002 Butte County Grand Jury ACCOUNTING PROCEDURES FOR GRANTS 7 a designation. Without an explicit designation the funds go into the General Fund. It is the responsibility of the department head to make a request to the Board in order to spend funds. Like all other requests for Board action, the request goes through the agenda process in the CAO. For example, Butte County received funds from the Governor’s Office for Law Enforcement Technology. The funds were placed in the Auditor’s Suspense Fund. When the Sheriff’s office proposed to purchase an Emergency Notification System they sent the proposal to the Board for approval. The Board approval instructed that funds be transferred to the Sheriff’s budget. The Grand Jury found that department heads interviewed had some confusion about whether funds are a Grant or a reimbursement. The County can receive funds under several different sets of facts. Examples are: · A Grant is obtained for a particular purpose. The money is received before the funds are expended. · The Grant bases its payment on a reimbursement of the actual expenses made. A percentage may be added for administration costs. · The Grant may be designed to match expenses. For example, for every two dollars budgeted and/ or expended the County is reimbursed one dollar. · It is also a common practice for the State or Federal government to set up a “ block Grant” or a “ Grant pool”. Every county or city government that meets the requirements of the Grant can apply for the funds. The funds are disbursed annually on a pro rata basis to the applicants. In this situation, the County does not know in advance how much it will receive. When funds are expended before the Grant is received the County Auditor, unless otherwise instructed by the Board, applies the funds to the account where the expenditure was made. Findings 1. Only the Board of Supervisors can approve a Grant proposal and approve the expenditure of funds. 2. If the Grant does not explicitly state how the funds are to be spent and the Board of Supervisors does not give a specific authorization, the funds go into an Auditor’s Suspense Fund or the General Fund. 3. It is the responsibility of each department head to receive authorization from the Board of Supervisors to spend Grant funds. 2001- 2002 Butte County Grand Jury ACCOUNTING PROCEDURES FOR GRANTS 8 4. Some department and division heads interviewed by the Grand Jury did not appear to clearly understand the process. There was frustration in applying for the money and apparently never seeing it. 5. The active search and application for Grants and reimbursements has benefited Butte County. Recommendations 1. The department and division heads continue to be encouraged to apply for Grants and reimbursements of all kinds. 2. The Chief Administrative Officer and the County Auditor include in their initial orientation of department heads, and in continuing training, the procedures and process for obtaining the necessary Board of Supervisors’ approval of Grants and the subsequent expenditure of the funds. 3. The County recognize or acknowledge department heads who bring to the County significant outside Grant funds. Responses Required ( Penal Code § 933 & 933.05) Butte County Board of Supervisors Butte County Chief Administrative Officer 2001- 2002 Butte County Grand Jury INVESTIGATORS FOR PUBLIC DEFENDERS 9 Reason For Visit/ Investigation The Grand Jury received a citizen complaint about contract investigators assigned to the Public Defenders that questioned: a. The misuse of the contingency fund. No oversight or accounting is provided. b. Investigators are not being reimbursed for mileage and other necessary expenses. c. No investigators have been hired for conflict of interest, death penalty and third strike cases. d. How contracts are given to individual investigators. The citizen suggested that the County cont ract with one investigative firm, not with the Public Defender’s Consortium. Background Butte County is required by law to provide legal services for indigent defendants. Since 1998 Butte County has contracted with a group of independent attorneys in private practice, known as the Butte County Indigent Services Consortium ( Public Defenders Consortium), to provide these services. Each contract attorney is required to maintain an office, a staff, pay all expenses and have a current insurance policy for malpractice. One of the Public Defenders is contracted as the Executive Director of the Butte County Indigent Services Consortium. Two other Public Defenders are on the Executive Board. Butte County Indigent Services Consortium contracts with licensed investigators to provide investigative services for the Public Defenders. Investigators are funded separately. Investigation The Grand Jury interviewed the County Auditor and the Executive Director of the Consortium for the 2000- 2001 fiscal year. The contracts of Public Defenders and an investigator were reviewed. The contract with each Public Defender has the following provisions relating to investigative services: a. If investigation services are required the Executive Director will assign an investigator. b. The Executive Committee ( 3 public defender attorneys, including the Executive Director) will set the guidelines. 2001- 2002 Butte County Grand Jury INVESTIGATORS FOR PUBLIC DEFENDERS 10 c. Extraordinary expenses for capital and other cases are approved by a 3- member committee, comprised of an individual from the County Administrative Office, the County Counsel’s Office and the Butte County Bar Association. The contract with the Executive Director of the Butte County Indigent Services Consortium requires the following: a. The Director is responsible for the management and supervision of the investigative contracts, including the coordination and assignments of investigators. b. He will establish a separate bank account. c. A monthly advance of $ 22,720 will be made to the Executive Director upon submission of a claim. The claims may be larger, but cannot exceed $ 287,700 annually. ( These numbers are for the 2000- 2001 fiscal year.) d. Bank statements and documentation in support of all investigator payments must be retained and are subject to review by the County. e. Copy of monthly bank statements shall be forwarded each month to the County Auditor’s Office. f. Advances not expended for investigative services shall remain the property of the Consortium. g. The Executive Director, in consultation with the Executive Committee and Butte County, will develop mutually satisfactory reporting requirements for investigative service providers. The budget in the annual contracts includes fees for 10 investigators, plus a $ 15,000 contingency fee for other expenses such as extraordinary travel. At present there are 10 investigators. Eight are assigned to the Oroville Superior Court Public Defenders. The Chico branch misdemeanor Public Defenders and the Juvenile Court Public Defenders share 2 other investigators. Each investigator’s contract includes the following provisions: a. The investigator is responsible for all expenses related to the investigation and must obtain Errors and Omissions insurance. b. The investigator is responsible for the cost of travel within 75 miles from Butte County Superior Court. c. For extraordinary travel, which is defined as travel beyond 75 miles from Butte County Superior Court, and for overnight meals and lodging, the investigator must get advanced written authorization from the Director by submitting a written budget. The investigator must submit receipts before he can be reimbursed. d. The investigator may represent additional clients as long as the work does not conflict with his contract with the Consortium. In discussions with the County Auditor and the Executive Director it was determined that the Executive Director submit claims monthly for an amount equal to the monthly 2001- 2002 Butte County Grand Jury INVESTIGATORS FOR PUBLIC DEFENDERS 11 payments to the investigators, plus any other reimbursements including extraordinary travel. The backup receipts accompany the request for the other charges. The Executive Director also submits the monthly bank statements, which are reviewed by the County Auditor. Although the agreement gives the impression that the Consortium’s bank account is accumulating funds, this in fact does not happen. The County only pays the fund for actual authorized expenses. The Grand Jury asked why the Consortium hired several independent investigators rather than one large firm. The response was that hiring one firm would lead to conflict of interest issues. In cases where there are multi- defendants represented by separate public defenders, it is important that an investigator not investigate for both sides of an issue. Findings 1. Oversight of the contingency fund and procedures to be followed are stated in contracts with the Public Defenders. Before contracts are accepted they must be approved by County Counsel, the County Administrator and the County Auditor. The County Auditor oversees the disbursement of funds to the Consortium bank account and reviews bank statements. 2. Investigators are independent contractors who are responsible for their own expenses in providing services. Extraordinary travel is provided for in their contracts. 3. Reimbursement for extraordinary travel must be approved prior to the travel. The amount reimbursed must be reasonable and supported by receipts. 4. To avoid conflict of interest issues each Superior Court Public Defender is assigned a separate investigator. The only exception is that the Juvenile Court Public Defenders use the Chico branch court investigators when an investigation is necessary. 5. Hiring one firm would not be practical. Assuming a firm is found that could provide 10 investigators, there is still the problem of providing the confidentiality needed to avoid any conflict of interest or any appearance of conflict of interest. Recommendations None Responses Required ( Penal Code § 933 & 933.05) None required. 2001- 2002 Butte County Grand Jury 12 THIS PAGE INTENTIONALLY LEFT BLANK 2001- 2002 Butte County Grand Jury TOWN OF PARADISE DOWNTOWN REVITALIZATION MASTER PLAN 13 Reason for Visit/ Investigation Each year the Grand Jury selects one of Butte County’s incorporated municipalities for review ( Biggs, Chico, Gridley, Oroville, Paradise). Members of the Grand Jury visited the Town of Paradise and took an in- depth look at its plans for growth and development. Background At the time of the California Gold Rush there was a saloon on a ridge east of Chico called “ Pair- O- Dice”. After the Gold Rush people remained to farm and establish apple orchards in the ridge area that later became known as Paradise. Since then people have continued to move to the Paradise area to vacation, raise families and retire. Several unincorporated communities were developed such as Stirling City, Magalia and Paradise. However, it was not until 1979 that the community on the lower ridge was incorporated as the Town of Paradise. The Town of Paradise that incorporated in 1979 was already a thriving community with a distinct character. From the beginning residents were determined not to be simply a Chico “ with elevation”. They started by naming the new incorporated community the Town of Paradise rather than the City of Paradise. The area grew without any particular plan in mind in the years before incorporation. Businesses that developed along the main roads became the business district by default. Although the Town has a few supermarkets and a K- Mart, a significant portion of its shopping dollars goes down to Chico. It was not until incorporation that the community was able to develop a master plan. The Town of Paradise has adopted the City Manager form of government. In California the term “ city” and “ town” are interchangeable. The people of Paradise have chosen to call themselves a “ Town”. The citizens elect directly a five- member Town Council. The Town Council selects one of its members to be the Mayor. The day- to- day operations are overseen by a Town Manager hired by the Town Council. The Town Treasurer, Town Clerk, Town Attorney and the members of commissions are also selected by and answer to the Town Council. The Police Department, Fire Department, Finance Department, Public Works Department and the Community Development Department are responsible to the Town Manager. The Town of Paradise currently has 7 commissions. The Town prides itself on having commissions that reflect the diversity of the community. A commission may include members who are high school students. 2001- 2002 Butte County Grand Jury TOWN OF PARADISE DOWNTOWN REVITALIZATION MASTER PLAN 14 Investigation In October 2001 members of the Grand Jury met with the Town Manager for a discussion about the Town of Paradise operations, its goals and its concerns. The Town Manager invited the Community Development/ Planning Director to the meeting. To continue the discussion of the Town’s development the Grand Jury again met in late December 2001 with the Town Manager, Community Development/ Planning Director and the Public Works Director. The Town of Paradise has developed a Downtown Revitalization Master Plan. For most of its history the Town of Paradise was an unincorporated community without a general plan. What is now referred to as the “ downtown business district” grew more or less at random along the Skyway, Clark Road and various connecting streets. Paradise, like all California cities and towns, is dependent upon sales tax revenues. A major problem for Paradise is that many of its residents work and shop in Chico. This results in 64% of the Town’s potential sales tax revenues being lost to surrounding communities. Due to land- use problems and other factors Paradise cannot be fully competitive. Rather than concentrating exclusively on keeping the revenue in Paradise, the Town is looking for ways that spending can be brought into Paradise. The Town is developing antique stores, local specialty restaurants and other business that would draw tourists and others to Paradise to enjoy a unique “ day in the pines”. In September 2000 the Paradise Town Council adopted the Town of Paradise Revitalization Master Plan. The Town of Paradise has identified the revitalization of its downtown as its primary goal for the community. The downtown has been suffering for many years from a deteriorating economy and its general physical appearance. In the introduction to the Master Plan, marginal retail businesses, vacant buildings, underutilized commercial and residential properties, inadequate infrastructure and physical blight were considered unacceptable. Other goals the Plan would like to accomplish: · Establish a new Paradise Town Center at the current location of the Police Department that will house the civic buildings within one area. · Encourage the merchants in the downtown to re- establish an active downtown merchants association. · Develop parking, improve traffic control and circulation, and establish a downtown public transportation hub to support businesses. · Develop a retail and professional services recruitment program for the downtown. The area designated for the proposed downtown revitalization is north along the Skyway from Pearson Road to Elliott Road and east to the Memorial Trail ( See Exhibit A). 2001- 2002 Butte County Grand Jury TOWN OF PARADISE DOWNTOWN REVITALIZATION MASTER PLAN 15 To revitalize the Town’s historic character, the Town has obtained access to grant funds that will encourage property owners to improve the downtown property. A downtown plan is being developed where the facade of each building is to reflect the Town’s historic past. Business owners may apply for grant funds to upgrade the facade of their building to conform to the Town plan. The program will be voluntary, but performance standards and maintenance commitments would be required from all participating property owners. The Memorial Trail is an abandoned railroad track bed that runs along the eastern edge of the Revitalization District. The Town of Paradise is purchasing the right- of- way and is developing a scenic bike path and walking trail. It has completed the purchase except for less than a quarter of a mile near Pearson Road. The part of the trail north and south of Elliott Road has been paved and benches installed. The Town is protecting the integrity of the project through careful zoning of business property adjacent to the Trail. Across the street from the current Town Police Station is the original railroad station. Historically, before the railroad would build in an area it would send an agent to buy land. The agents often would make the original purchase in their own name. Title did not always get transferred to the railroad. In Paradise this has resulted in the unusual situation where the railroad owns the buildings and the individual heirs of the railroad agent own the land. The Town of Paradise would like to add this property to its downtown revitalization. According to the Master Plan, Paradise could make the property into a central community park and possibly use the building for the Gold Nugget Museum’s establishment of a “ Living History Center”. Due to the Town’s terrain Paradise did not consider a conventional sewer system practicable. It is not on a municipal sewer system, but uses septic systems. The Town of Paradise is the largest septic system community west of the Mississippi. Although the use of septic systems has been satisfactory for residences and sma ll businesses, it has presented a problem for heavy use businesses such as restaurants. Some restaurants must pump their system daily. The Town is presently in the final stages of engineering and planning installation of a clustered septic system. For example, a large septic system is built that has 4 to 6 businesses feeding into the system. The result is a mini- sewer system. While the Town will own and maintain the common facility, the participating property owners will purchase the amount of capacity they currently need and will require for the future. Now that the Town of Paradise has completed the Downtown Revitalization Master Plan the community is ready for the next step. It is expected that implementation of the Plan will cost approximately $ 10 Million. In February 2002 the Paradise Town Council approved the establishment of a Redevelopment Agency for Paradise ( Agency). The Agency project area will be larger than the area designated for the Downtown Revitalization. 2001- 2002 Butte County Grand Jury TOWN OF PARADISE DOWNTOWN REVITALIZATION MASTER PLAN 16 The formation of a redevelopment agency does not increase property tax rates. The agency receives funds known as “ tax increment”. As property is sold and as new construction occurs in the redevelopment project area the assessed value of the property goes up. This causes tax revenue to increase. These funds are used to pay the agency’s expenses for improvement of the project area. The expected revenues can be used to leverage the sale of tax increment bonds to finance the necessary improvements and projects. The incurred debt is the obligation of the agency, not the town/ city. The next step is to complete feasibility studies, the required environmental impact reports and a redevelopment agency master plan. Findings 1. The Town of Paradise adopted an effective Downtown Revitalization Master Plan in September 2000. 2. Part of the Plan has been implemented and good progress is being made toward implementing the entire Plan ( See Exhibit B). 3. To offset unrealized sales tax revenue the Town is encouraging the establishment of sales tax producing businesses such as specialty shops and restaurants. 4. The Plan’s goals are to improve the aesthetics of the downtown along with the traffic control, parking, lighting, etc. 5. The Town of Paradise is making use of its historic environment by the development of the Memorial Trail and the proposed development of the train station. 6. The Town of Paradise through its Town Manager is proactively pursuing grant funding. 7. The Town Council is in the process of establishing a Paradise Redevelopment Agency to provide the necessary funding for the revitalization projects. Recommendations 1. The Town of Paradise actively continue with its plans to make the Town a desirable and unique community for residents and visitors. Rather than compete with Chico or other cities, it continue to develop reasons to come to Paradise as a destination place and spend sales tax dollars. 2001- 2002 Butte County Grand Jury TOWN OF PARADISE DOWNTOWN REVITALIZATION MASTER PLAN 17 2. The Town of Paradise continue to be proactive in exploring all possible funding sources to finance its redevelopment plans. Responses Required ( Penal Code § 933 & 933.05) Town of Paradise Town Council Town of Paradise Town Manager PLEASE SEE EXHIBITS ON PAGES 18 & 19 2001- 2002 Butte County Grand Jury TOWN OF PARADISE PROJECTED RETIREMENT RELATED ATTRITION OF TOWN ADMINISTRATORS 20 Reason for Visit/ Investigation Each year the Grand Jury selects one of Butte County’s incorporated municipalities for review ( Biggs, Gridley, Oroville, Chico, Paradise). During a visit to the Town of Paradise it was brought to the attention of the Grand Jury that retirement related attrition of administrative personnel is a near term problem. Background Paradise has been an active community in Butte County since the early history of the County. It was not incorporated until 1979. At that time a choice was made to incorporate as the Town of Paradise rather than as a city. Paradise adopted a Town Manager system of government. The Town has 5 elected town council members, and from their number the council elects a Mayor. The day- to- day operations of the Town are handled by a Town Manager who is recruited and appointed by the Town Council. The Town Manager oversees the following departments: Police, Fire, Finance, Public Works and Community Development. The Town Manager also works closely with several citizen commissions appointed by the Town Council. Investigation Members of the Grand Jury visited the Paradise Town Manager and the Community Development/ Planning Director in October 2001. A discussion of upcoming challenges to Paradise included a concern that Paradise will lose a large percentage of its administrative personnel in the next several years due to normal retirement age related attrition. At the present time, personnel who retire cannot return to the Town's employment under normal circumstances. The concern is not only losing personnel but also the loss of valuable administrative expertise and experience. This problem is not unique to Paradise and will impact virtually all municipal governments in Butte County. Paradise employees are members of the California Public Employees Retirement System ( CalPERS) operated by the State. Under the current rules the retirement system allows only very limited situations where simultaneous receipt of a CalPERS pension while working is allowed, as noted in PERS- Pub- 33. An employee who works for any employer under the Ca1PERS system after retirement may experience a substantial adverse impact on retirement benefits. By contrast California State University ( CSU) faculty employees, who are also members of CalPERS, have other options regarding working after retirement. Through what is known as the Faculty Early Retirement Program ( FERP), CSU faculty may retire with 2001- 2002 Butte County Grand Jury TOWN OF PARADISE PROJECTED RETIREMENT RELATED ATTRITION OF TOWN ADMINISTRATORS 21 full retirement benefits and work for the university system on a part- time basis after retirement for a limited period. With this strategy the university may retain post-retirement expertise and knowledge of CSU faculty, and administrators with faculty retreat rights, without adverse impact on the retiree. Findings 1. The Town of Paradise is facing an age related retirement attrition situation whereby a large percentage of its administrators are approaching normal retirement age, and their talents, expertise and experience will be lost. 2. Other municipal governments in Butte County are under CalPERS and may be facing the same retirement related attrition challenge. 3. The CSU has a system presently in place, known as FERP, that partially alleviates the retirement related attrition problem of lost expertise, talent and experience. Recommendations 1. The Paradise Town Council and its administration secure the cooperation of other Butte County municipalities to lobby, either directly or through appropriate municipal professional associations, for CalPERS and the State to change their rules concerning retirement to encourage post- retirement part- time employment of current municipal administrators. Responses Required ( Penal Code § 933 & 933.05) Paradise Town Council Paradise Town Manager 2001- 2002 Butte County Grand Jury 22 THIS PAGE INTENTIONALLY LEFT BLANK 2001- 2002 Butte County Grand Jury TOWN OF PARADISE EMERGENCY NOTIFICATION SYSTEM 23 Reason For Visit/ Investigation During a Grand Jury visit to the Town of Paradise, an emergency notification system, generically known as “ Reverse 911”, was briefly discussed. This is a system where police and/ or fire departments notify residents by telephone in the event of an emergency. The Grand Jury was so impressed that it felt a visit to review the Paradise system would be beneficial. Members of the Grand Jury also met with several Butte County officials and discussed their plans to install a similar system County wide. Background In the summer of 2000 when it appeared the Concow fire was going to sweep over the ridge into Paradise, it took over 7 hours to notify 1,200 Paradise residents to prepare to evacuate. By contrast, during the Poe fire in the summer of 2001, it took an hour and a half to notify the same people. In 2000 the Police Chief had to use all available off- duty police and fire personnel in addition to personnel donated by the City of Chico and investigators from the District Attorney’s office. In 2001 the personnel requirement was a person from the Police Chief’s office and a Fire Marshal. What made this possible was that after the Concow fire the Town of Paradise purchased and installed a Reverse 911 system. A Reverse 911 warning system utilizes a computer based telephone system with multiple telephone lines. The software, backed by a strong database, allows the operator to choose a specific area where to notify residents by telephone. A message is then recorded and the system automatically calls the telephones in the chosen area. Automatic callback continues for the telephones that do not answer. The system was installed by the Town of Paradise in early 2001 and was first used in the notification of Paradise residents during the Poe Fire. Investigation In November 2001 members of the Grand Jury visited the Town of Paradise Police Station where the Reverse 911 system is located to receive a thorough briefing and demonstration of its system. Reverse 911 is a generic term with each manufacturer assigning its own brand name. Paradise has purchased a system known as “ City Watch”. The Town of Paradise Police Department and Fire Department have worked together to implement, operate, maintain and enhance the system. Law enforcement is an important component because it has access to the unlisted private telephone number database. Prior to the new system only 300 to 500 emergency calls per hour could be made to inform residents of a problem. In addition to the need for a large staff to make the 2001- 2002 Butte County Grand Jury TOWN OF PARADISE EMERGENCY NOTIFICATION SYSTEM 24 telephone calls, a number of patrol cars were required to go house to house, and neighborhood to neighborhood. The Reverse 911 system using one operator can make up to 1,200 calls per hour. This frees numerous personnel to handle the emergency and save valuable time. The system will automatically call back if the telephone is busy or not answered. The system can also determine if a person or an answering machine answered the telephone. The Reverse 911 system operator immediately gets a printout that lists the results from each call and the subsequent callback. The information is organized by address. Emergency personnel need only be sent to the non- response addresses. After the emergency is over the system will again make calls giving the all clear. The message being sent out can be dictated to cover any subject deemed appropriate. The system is also used for emergency information such as a lost child or adult, road closure, barricaded suspect( s), or the danger of an explosion. The system can be programmed to call one house, one block, one specific neighborhood or the whole town. The Town of Paradise is enhancing the database to incorporate special needs capability. Residents of Paradise are returning questionnaires stating if in an emergency they would require assistance because of being bedridden, in a wheel chair, blind, elderly, etc. In case of an evacuation or other emergency the system can automatically notify patrol cars and emergency personnel which specific residents need extra help. The Town of Paradise has invested approximately $ 42,000 of a $ 60,000 Police Technical Grant in the system, which includes training and the first year maintenance. There is a $ 2,500 to $ 3,500 yearly maintenance cost, which presently includes 16 dedicated telephone lines, a monthly updating of the database for the Town of Paradise and a yearly updating for Butte County. Butte County established a committee, which includes the Emergency Services Officer, the Undersheriff and the Chico Fire Chief, to pursue the possibilities of a Reverse 911 system. On February 26, 2002, the Butte County Board of Supervisors approved the expenditure of funds from a State Law Enforcement Technical Grant for a “ County Watch” system. County Watch is the same system as the City Watch system used by the Town of Paradise. Due to California mutual aid law, every telephone number and address within the borders of Butte County will be in the database, which will be updated monthly. It will be installed at the Butte County Sheriff Station. The Grand Jury has been informed that the County Watch system will be up and running during the summer of 2002. The total cost of the Count y Watch system is expected to be $ 32,925 for the first year including hardware, software, training, telephone lines and installation. An additional $ 17,933 was approved for a fixed asset purchase of a computer server. There will be a 2001- 2002 Butte County Grand Jury TOWN OF PARADISE EMERGENCY NOTIFICATION SYSTEM 25 $ 7,500 yearly maintenance cost for telephone lines, hardware upgrades and monthly updating of the database for Butte County. Representatives of the Town of Paradise stated that they do not plan to merge its system with the Butte County system. The Town of Paradise Police Department and Fire Department are continuing to enhance the system to meet the needs of the Ridge. Paradise considers having another system in Butte County not redundant, but a backup. Commendation The Grand Jury commends the Paradise Police Department, Paradise Fire Department and Paradise Town Manager for being the first to explore and then take the initiative of implementing and successfully operating a Reverse 911 system known as City Watch. The Town of Paradise continues to investigate and implement ways to enhance the system for the Town. Findings 1. The Town of Paradise obtained funding and installed a Reverse 911 system and successfully used the system during the Poe fire and other situations. 2. The Town of Paradise is continuing to expand and enhance its system. 3. Butte County will have a system in place during the summer of 2002 that will cover all of Butte County, border to border. Recommendations None Responses Required ( Penal Code § 933 & 933.05) None required. 2001- 2002 Butte County Grand Jury BUTTE COUNTY BOARD OF SUPERVISORS 26 Reason for Visit/ Investigation Performance of the Board of Supervisors ( Board) as a unit of Butte County government had not been reviewed by the Grand Jury for several years. Background Counties are required by state law to adjust their supervisorial districts ( districts) following a national census when imbalances in district populations exceed an acceptable tolerance. Counties are expected to maintain their general plans in current condition. California State Government Code Section 65103 provides that a county’s “ planning agency” is responsible for amending and implementing the general plan. However, it is ultimately the duty of the Board to set the policy and make decisions regarding the general plan. Butte County has not issued a statement of the manner in which the Board is expected to conduct the County’s affairs. Investigation Members of the Grand Jury interviewed various County staff, reviewed the minutes of Board meetings and examined correspondence and documents pertaining to this inquiry. Redistricting: On April 24, 2001, the Board established a Redistricting Subcommittee. Its members were 2 Supervisors, County Clerk- Recorder, County Counsel and staff from the Development Services Department. Alternative plans, each designed to meet the legal requirement fo r redistricting, were prepared. Plans 1 through 4 prepared by the subcommittee were made available to the public several times, until the period for public comment ended at the Board meeting of July 10, 2001. At that meeting, some changes were made in plan 4, resulting in plan 4A. These changes affected district boundaries in certain canyon areas. Along with the original plans, this plan was reviewed during the July 24, 2001, Board meeting. Plans 4 and 4A both received favorable public comment at that time. At that same meeting, one of the Supervisors who was a subcommittee member presented “ plan 5” and requested an immediate vote on it. At that moment, no vote had been taken on any plan in the 1 through 4A group. The subcommittee had not seen plan 5, and neither 2001- 2002 Butte County Grand Jury BUTTE COUNTY BOARD OF SUPERVISORS 27 the County Clerk- Recorder nor County Counsel had been given opportunity to review plan 5 in the context of their organizational responsibilities. County Counsel pointed out that voting on plan 5 on July 24, 2001, would violate the Brown Act since it was not agendized properly. It would also violate a portion of the Elections Code, which requires at least one public hearing before voting on any redistricting plan. The matter was placed on the August 28, 2001, agenda. On August 28, 2001, the Board adopted plan 5 by a 3- 2 vote. On September 26, 2001, a “ Referendum Petition to Protest the Adoption of ‘ Plan 5’ ” was filed with the Clerk of the Board. The filing of this petition, as provided in Elections Code Section 9144, suspended implementation of plan 5. On November 5, 2001, the County Clerk- Recorder determined the referendum petition qualified for inclusion on the ballot. The Board considered possible steps to specify language to be used on the ballot question relating to the referendum and to force use of plan 5 in an election scheduled for March 5, 2002. On November 12 and 13, 2001, County Counsel presented legal opinions to the Board: · The first opinion related to the subjects just mentioned. · The second pointed out that the district lines set in 1991 were not unconstitutional. · The Board had no authority to declare those lines unconstitutional. · The Board did not have power or authority to order the County Clerk- Recorder to use plan 5 lines for the March 2002 election. · The ballot language proposed for the referendum did not meet statutory requirements. On November 13, 2001, County Counsel also stated to the Board that if it took actions directly contrary to the same advice County Counsel had provided to the Board of Supervisors and the County Clerk- Recorder, that it would create a conflict of interest and that County Counsel could not represent either the Board of Supervisors against the County Clerk- Recorder or the County Clerk- Recorder against the Board of Supervisors. On November 15, 2001, the Board voted 3- 2 to hire an outside attorney to represent it in the redistricting dispute with the County Clerk- Recorder. The action of the Board in voting 3- 2 to hire an outside attorney created a conflict of interest* for County Counsel. * For a discussion of conflict of interest, see Formal Opinion No. 2001- 156 issued by the State Bar of California 2001- 2002 Butte County Grand Jury BUTTE COUNTY BOARD OF SUPERVISORS 28 Thereafter, County Counsel could not provide legal representation to the Board of Supervisors or to the County Clerk- Recorder in the ongoing dispute. On November 26, 2001, the Board voted 3- 2 to adopt a resolution authorizing the filing of litigation against the County Clerk- Recorder. On December 6, 2001, a Butte County Superior Court Judge issued a ruling that essentially agreed with the opinion of the County Counsel and the County Clerk- Recorder. The Court ruled: · Plan 5 was suspended by operation of law. · The 1991 redistricting lines were not unconstitutional. · The 1991 lines would be used for the March 2002 election. General Plan: In August 2000 the State Attorney General wrote to the Board about the current status of the County’s General Plan. The Attorney General noted that recency of the revision does not, in itself, establish whether a plan may be legally inadequate. However, the Attorney General stated that “ If a general plan does not reflect substantial compliance with the requirements of state law, the city or county may be held to have failed in the ‘ performance of an act which the law specifically enjoins,’ . . . Failure to review and to update the plan as warranted by local circumstances could, however, subject your jurisdiction, as well as parties who are pursuing development approvals, to expensive and time consuming challenges.” The letter of August 2000 was not the first time the state expressed concern about the County’s General Plan. For example, in February 2000 the Governor’s Office of Planning and Research wrote to the Board on the same subject. In its response to each letter, the Board referred to the County’s fiscal situation in describing the level of review and revision. A lawsuit recently filed against the County is related to la nd use. It alleges deficiencies in the County’s General Plan that may have impact on future development in the County. The Board has announced on many occasions the importance of development and economic growth, yet the very document that controls this has been neglected. In the context of this review of the Board’s handling of County affairs, the General Plan’s status is significant in itself. It is also significant as an indicator of the Board’s perception of priorities in its expenditure of funds. On the one hand, the Board relied on scarcity of funds to justify inaction with respect to the General Plan. On the other, a majority of the Board has unproductively expended in excess of $ 175,000 on 2001- 2002 Butte County Grand Jury BUTTE COUNTY BOARD OF SUPERVISORS 29 redistricting. When other costs that arose only because of the Board’s stance on redistricting are added, the outlay exceeds $ 228,000. Expenditures on Litigation and Accounting for Them: The amount of money spent on attempting to revise supervisorial districts is a major concern. The total expenditure exceeds $ 228,000. More than $ 106,000 was spent on the litigation itself and to pay yet another attorney hired to review bills submitted by outside legal services. The Grand Jury has not been able to uncover a legal requirement for review by an attorney of the bill solely because it was submitted by an attorney. Another concern is the County’s accounts to which litigation costs were charged. The County’s accounting system has a “ professional and special services account” in each department’s budget. Outside legal services, for example, are charged to this fund in County Counsel’s budget. Usually, such charges are “ allocated” to the department where they arose. However, there is no provision for allocation to the Board of costs, such as the redistricting litigation, which it originates. Because these costs followed the Board’s rejection of the County Counsel’s advice, rather than because that office was unable to respond, leaving them in County Counsel’s budget hides their true nature. County Counsel gave the Board legal opinions on redistricting and related matters. If the Board had heeded those opinions, it would not have undertaken legal action against the County Clerk- Recorder. Eventually the outcome of the lawsuit demonstrated that County Counsel’s opinions reflected a correct interpretation of law. If County Counsel were unable to respond to a need for information within the assigned area of responsibility, outside sources might be used to make up the deficiency and the cost charged to County Counsel. However, in this instance County Counsel fully responded to the Board’s need for information. To charge these costs to other than the Board effectively separates them from their origin. Whether by design or not, the true nature of the costs is concealed. Other Expenditures Related to Redistricting: About $ 69,000 of the total expenditure reflects payroll and other costs associated with developing plans by the subcommittee appointed for that purpose. If this futile project had not been undertaken, those resources would have been available for other County needs. The pro- rata share of the costs of the March 5, 2002, election for the Measure B referendum is $ 53,850. ( Measure B was related to redistricting.) 2001- 2002 Butte County Grand Jury BUTTE COUNTY BOARD OF SUPERVISORS 30 Code of Ethics: The County’s “ Mission Statement” is an expression of how “ . . . elected and appointed officials and employees . . .” are to conduct the County’s affairs. In other words, it is a general statement applicable to the County’s workforce as a whole. No statement exists as to what constitutes acceptable conduct by the Board of Supervisors. However, in its lead role, the Board sets the standard for the rest of County government. The Grand Jury communicated with several counties for information about supervisorial codes of ethics. A distillation of the responses is included here as a suggested outline of a basic code of ethics. Code of Ethics A. We will hold to and demonstrate the highest standards of personal integrity, truthfulness and honesty in all public activities. B. We will uphold these principles, being ever conscious that public office is a public trust. C. In the performance of our governmental duties, we will be sensitive to circumstances that could be misconstrued as a special favor, something to be gained personally, acceptance of a favor, or as an influence in the outcome of our performance. D. We will be aware that private promises of any kind may conflict with public duty and responsibility. E. We will always perform our governmental duties conscientiously. F. We will always act responsibly with confidential information received in the performance of our governmental duties. G. Outside activities will be compatible with objective performance of governmental duties. H. We will faithfully comply with all laws and regulations applicable to the County, and apply them impartially to everyone. I. We will not vote on personally related issues. Findings 1. Several redistricting plans were prepared by a subcommittee established for that purpose. 2. None of the plans prepared through subcommittee were adopted. Instead, a plan 5 prepared by a supervisor who was a member of the subcommittee, but without 2001- 2002 Butte County Grand Jury BUTTE COUNTY BOARD OF SUPERVISORS 31 that group’s participation, was presented to the Board of Supervisors and adopted on a 3- 2 vote. 3. A successful referendum prevented use of plan 5 redistricting lines in the election of March 5, 2002. 4. The Board of Supervisors voted 3- 2 to bring legal action against the County Clerk- Recorder, with the intention of forcing use of plan 5 boundaries in the March 2002 election. 5. A Butte County Superior Court Judge ruled in favor of the County Clerk- Recorder, agreeing with opinions given both the Board of Supervisors and the County Clerk- Recorder by County Counsel. 6. On 2 recent occasions the State of California has contacted Butte County about its General Plan. The Board of Supervisors responded, using a scarcity of funds to justify the level of review and revision. 7. Litigation against the County has been initiated about land use and alleged deficiencies in the General Plan. 8. The Board of Supervisors caused over $ 175,000 to be spent unproductively on redistricting. In addition, $ 53,850 of the cost of administering the March 5, 2002, election was related directly to the Measure B referendum. 9. The present system of accounting does not charge extraordinary legal fees directly to the Board of Supervisors. 10. The Board of Supervisors does not have a formal Code of Ethics. Recommendations 1. A cost be charged to an account that actually reflects the reason the cost was incurred. 2. An account be established to link directly to the Board of Supervisors any cost it generates, provided: a. It proceeds against the opinion or advice of any unit of the county government when: 1) the unit has spoken to the Board of Supervisors on a matter within its area of responsibility, and 2001- 2002 Butte County Grand Jury BUTTE COUNTY BOARD OF SUPERVISORS 32 2) the opinion or advice of the unit is subsequently shown to have been such that, had it been followed, the costs would not have been incurred, or b. The Board of Supervisors does not seek an opinion or advice from the appropriate unit and subsequently takes an action, which results fail to justify the expenditure. This account’s title and description should make clear the nature of the charges made to it. 3. The Board of Supervisors adopt, publicize, and apply a code of ethics covering its own decisions and actions, apart from any statement of general aims or policy. Responses Required ( Penal Code § 933 & 933.05) Butte County Board of Supervisors Butte County Chief Administrative Officer Butte County Auditor- Controller Butte County Counsel 2001- 2002 Butte County Grand Jury BUTTE COUNTY INFORMATION SYSTEMS AND COMMUNICATIONS SERVICES 33 Reason for Visit/ Investigation The Butte County Information Systems and Communications Services is relatively new in the County. It is important that the citizens of the County be informed of the services performed by this department. Background The Information Systems Director was appointed 4 years ago to update the County’s antiquated communications services. He started with a very limited budget and 3 employees. Presently there are 10 positions in Information Systems and 8 in Communications Services. Investigation The Grand Jury looked into several areas of the Information Systems and Communications Services. They are responsible for the computer equipment that allows all the County departments to communicate with each other through a fiber optic network and interact on secure systems that are up 99.9% of the time. All communication systems have multiple backups ( batteries, generators, etc.), and are almost “ virus” proof. When a virus does manage to invade the system, the department has the means to track it to its source. The Director and his team have insured that the County has both network security and Internet security. They provide training and follow- up support for County departments and provide centralized e- mail and Internet access. They also manage pager systems and the Centrex phone system for the County and outside agencies. The Information Systems Director hired a coordinator with many years experience with Pacific Bell to head the Communications Services. The first project was to review and improve the Emergency 911 ( E911) system, which at that time had as many as 300 misdirected calls per year; now they have fewer than 5. Butte County has the lowest incidence of misdirected E911 calls in the State. The Communications Services Manager attends all meetings of the National Emergency Number Association ( NENA) to acquire information on E911 and Reverse 911. Reverse 911 is a system by which citizens can be notified of emergencies in their area. NENA is made up of several communications elements including Pacific Bell, MCI and several other wireless as well as line companies. NENA has meetings quarterly as well as an annual meeting to insure its members have all the latest data available. 2001- 2002 Butte County Grand Jury BUTTE COUNTY INFORMATION SYSTEMS AND COMMUNICATIONS SERVICES 34 Butte County has 7 Public Safety Answering Points ( PSAP), consisting of the following: Butte County Sheriff’s office, Oroville, Chico and Paradise Police Departments, California Division of Forestry, Butte College and California State University, Chico. Most counties have only 2 or 3. The Communications Services Manager provides PSAP members with information from the NENA meetings. There are 149,000 phone numbers with unique addresses in Butte County updated on a daily basis. Approximately 48 hours are required to revise information in the database for E911. A consultant who is paid by the State handles this part of the system. The Communications Services Manager is the coordinator for the entire County’s E911 system. The department is now involved with upgrading radio communications within the County. When the system was first looked into, it was discovered that some radio communication systems had not been upgraded in 30 years. In many cases, parts are not available for repairs. When installed, much of the equipment was already nearly obsolete. An outside engineering firm has been hired to help with the inspection of towers. The cost of upgrading the radio communications will be approximately $ 4.12 Million and will take from 2 to 3 years to complete. Communications Services has enlisted the aid of radio user groups to accompany them to the Board of Supervisors to request funds to improve the system. They first approached the Board 2 years ago. No changes were approved by the Board. Some of the PSAP members will be using money from their own budgets to help implement the necessary improvements. Another project is the centralization of the dispatch system for radio communications to be located at the Sheriff’s facility. Commendation The talent and dedication of the people in the Information Systems and Communications Services is outstanding. They have created a system to serve the County with very limited funds and continue to improve the system for the benefit of Butte County residents. Findings 1. Radio communications is seriously out of date and will be costly to repair. 2001- 2002 Butte County Grand Jury BUTTE COUNTY INFORMATION SYSTEMS AND COMMUNICATIONS SERVICES 35 Recommendations 1. The Board of Supervisors consider funding sources, including a bond issue to finance the new radio communications system. Responses Required ( Penal Code § 933 & 933.05) Butte County Board of Supervisors 2001- 2002 Butte County Grand Jury COUNTY VETERANS SERVICE OFFICE 36 Reason for Visit/ Investigation The services provided by the County Veterans Service Office for our county veterans needed to be reviewed and reported for the benefit of all our residents. Previous Grand Juries have focused primarily on the Veteran Memorial Halls. Background The County Veterans Service Office was established by Butte County in 1946 for the purpose of informing veterans of services and benefits available. The office, located in Chico, assists veterans in filing claims and follows through to make sure the veterans receive their benefits. Investigation This office operates with a budget of $ 167,000, 31% of which is provided by the state, paid in 2 installments yearly. This money is paid into the general fund and then to the County Veterans office. The remaining 69% is funded by the County. The Veterans Service Officer conducts an extensive outreach program. He attends as many veterans’ gatherings as possible to personally meet veterans and provide information as to their rights to benefits and services. A half million veterans live in Northern California, 20,000 of whom are in Butte County. The benefits paid to these veterans bring $ 18 Million into the County, with an additional $ 1 Million in claims for new benefits each year. One of the many benefits available to disabled veterans is a college fee waiver for dependents. Butte County averages 300 students per year taking advantage of this benefit. Veterans have access to rehabilitation facilities for drug and alcohol related problems. The program is fully funded by the Federal government. If veterans have need of this type of facility, the County Veterans Service Office refers them to the Veterans Counseling Center, located in Chico. They are then referred to the type of facility needed. The rehabilitation centers are located in San Francisco and Palo Alto. Transitional housing is available for homeless veterans, funded by State and Federal grants. The only requirement, aside from being a veteran, is to be in a qualifying job search or school. 2001- 2002 Butte County Grand Jury COUNTY VETERANS SERVICE OFFICE 37 The Office handles requests for military records and decorations, discharge upgrades and correction of military records as needed. Among other services provided by this Office are filing claims for: · Compensation for service related injuries or diseases · Dependency Indemnity Compensation for survivors based upon service-connected death · Pension for war- era veterans and death pension for dependents of war- era veterans who died of non- service- connected disability · Dependent allowances · Vocational rehabilitation · Home loans · Education benefits · Life insurance · Burial benefits At this time, all claims for Northern California are sent to Oakland for processing and sometimes take up to 2 years to complete after reaching that office. Commendation This office is very well run. Only 3 of the staff are employees paid by the County. In addition, there are 5 college students who are also veterans. They are in a work- study program and are paid by the Federal Veterans Administration. Findings 1. The outreach program conducted by the Veterans Service Officer takes him throughout the County. A laptop computer would allow him to enter information acquired directly into the system. The software needed would be reimbursed by the State. 2. An in- office computer program is needed to speed up the claims process. With the program for their computers, much of the information gathering that slows down the claims process could be accessed locally, thus speeding up the processing once the claims are sent to Oakland. The Officer is already in negotiation for the needed software, which will be paid for by the Federal Veterans Administration. 2001- 2002 Butte County Grand Jury COUNTY VETERANS SERVICE OFFICE 38 Recommendations 1. The Veterans Service Officer include in his budget funding for a laptop computer for the outreach program. 2. The Board of Supervisors allocate funds for said laptop computer. Responses Required ( Penal Code § 933 & 933.05) Butte County Board of Supervisors Veterans Service Officer 2001- 2002 Butte County Grand Jury ROCK CREEK / KEEFER SLOUGH FLOOD CONTROL PROJECT 39 Reason for Visit/ Investigation The 2001- 2002 Grand Jury received a complaint about the proposed flood control project affecting the Rock Creek and Keefer Slough areas north of Chico. The complainants were concerned about possible negative effects of flood control measures on their individual properties. Background According to the Butte County Office of Emergency Services, parts of the area have flooded repeatedly in the past 100 years. Flooding was severe in 1995, 1997 and 1998, with damages exceeding $ 89 Million. Residents contacted their County Supervisor for assistance with these problems. The Supervisor has worked on the problem since 1997. She enlisted help from members of the U. S. Senate and House of Representatives. The Army Corps of Engineers agreed to do a feasibility study. A working group resulted which included Butte County, State offices and legislators, and Federal offices and legislators. These efforts resulted in the Rock Creek / Keefer Slough Flood Control Project ( See Exhibit A). Investigation The County Supervisor was interviewed by members of the Grand Jury. Lists and minutes were furnished concerning 26 meetings held from July 1998 to July 2001. Four of these meetings were for the public at large; others were with special interest groups, individuals and neighborhood groups. In addition to the minutes, names and addresses were provided of residents from various impacted neighborhoods to whom notices have been sent. The Grand Jury also received a breakdown of Federal, State and County contributions needed, monetary damages from past flooding, and potential cost of the project to individual homeowners. The Grand Jury obtained maps of the area showing proposed sites of flood walls, levees, berms, stream channel improvements, etc. The Supervisor explained the maps in detail, showing the complexity of the project and the many adaptations that have already been made to meet individual landowners' needs. The project manager, in the Butte County Department of Public Works, was interviewed. He supplied a detailed log of all meetings and activities on the project from May 1999 to July 2001. He described the first public meeting in June 1999, attended by 500 residents who were notified by mail and newspapers. Questionnaires were distributed asking for 2001- 2002 Butte County Grand Jury ROCK CREEK / KEEFER SLOUGH FLOOD CONTROL PROJECT 40 interest in volunteering and other input. Further meetings were held with residents east of Highway 99, ranchers west of Highway 99, environmental groups, landowners and other groups who asked for meetings. Subsequent meetings were publicized by the Corps of Engineers, the Reclamation Board of California ( which led a tour of the proposed area) and neighborhood residents themselves. The project manager explained the funding: 50% of the cost to be borne by the Corps of Engineers and 50% by non- federal sources ( Reclamation Board, CalTrans, State Legislature.) Landowners within the flood control district have incurred no cost but will pay for maintenance after the project's completion. Their maintenance fees will be based on the degree of risk of flooding. One major concern of landowners is possible public use of levees that could diminish their privacy. The project manager emphasized that the design is evolving and open to modification. Project time line is not fixed: it may be the year 2004 before the first shovel of earth is turned. The project is currently on hold because the State Legislature has not appropriated the needed funds. The next stage will require approvals by various government entities. No plan will be selected without further citizen input. There is no firm future time line. Findings 1. The Grand Jury found evidence that residents of the affected area have been individually notified of meetings since July 1998 and have been offered many opportunities for input, both in groups and in individual conferences. It was found that the complainants' main concerns have been repeatedly dealt with in meetings from July 1998 to July 2001, and as recently as January 2002, as shown in minutes of the meetings and newspaper coverage. 2. The flood control project has lagged behind in its projected time line due to several factors, principally the inaction of the State Legislature in approving funds needed for the State's share of the cost. Recommendations 1. Continuation of neighborhood meetings and individual appointments to answer ongoing concerns of residents of the flood control project area. 2001- 2002 Butte County Grand Jury ROCK CREEK / KEEFER SLOUGH FLOOD CONTROL PROJECT 41 2. The Board of Supervisors be kept up to date with current information on the project, since its approval will be necessary for the completion of the flood control project. 3. The County continue to lobby governmental agencies for funds to complete the Rock Creek / Keefer Slough Flood Control Project in order to prevent future flooding disasters. Responses Required ( Penal Code § 933 & 933.05) Butte County Supervisor, District 3 Butte County Board of Supervisors Butte County Department of Public Works, Project Manager 2001- 2002 Butte County Grand Jury 42 THIS PAGE INTENTIONALLY LEFT BLANK . 2001- 2002 Butte County Grand Jury ROCK CREEK / KEEFER SLOUGH FLOOD CONTROL PROJECT 43 EXHIBIT A 2001- 2002 Butte County Grand Jury ROCK CREEK / KEEFER SLOUGH FLOOD CONTROL PROJECT 44 EXHIBIT B 2001- 2002 Butte County Grand Jury 45 THIS PAGE INTENTIONALLY LEFT BLANK 2001- 2002 Butte County Grand Jury BUTTE COUNTY FIRE DEPARTMENT UPPER RIDGE FIRE PROTECTION 46 Reason for Visit/ Investigation A Magalia resident had filed a complaint with the 2000- 2001 Grand Jury stating that fire hydrants in his Paradise Pines neighborhood had not been tested or maintained. The 2001- 2002 Grand Jury received a follow- up complaint from the same individual stating that he believed the hydrants still had not received maintenance. Background The Butte County Fire Chief verified that the testing and maintenance had been performed in the year 2000- 2001. When the same citizen filed a second complaint, stating that he hoped the Grand Jury “ would seek and investigate service records” of work done on hydrants, members of the Grand Jury met once again with the Fire Chief to review hydrant maintenance in Magalia. Investigation The Fire Chief stated that hydrants are owned and maintained by the Del Oro Water Company. He explained how hydrants are tested: ordinarily, hydrants are not flushed out during their regular maintenance, since flushing causes water in neighborhood mains to be brown. A letter from the Fire Chief to the Grand Jury verifies that a member of the Butte County Fire Department and a Del Oro Water Company representative “ tested and flowed the hydrants in question and found them all to be operating properly.” The same tests were conducted after the first complaint and again in answer to this second inquiry. Findings 1. The Butte County Fire Department conducts regular testing on fire hydrants throughout the County. Recommendations None 2001- 2002 Butte County Grand Jury BUTTE COUNTY FIRE DEPARTMENT UPPER RIDGE FIRE PROTECTION 47 Responses Required ( Penal Code § 933 & 933.05) None required. 2001- 2002 Butte County Grand Jury BUTTE COUNTY LOCAL AGENCY FORMATION COMMISSION 48 Reason for Visit/ Investigation The Butte County Local Agency Formation Commission ( LAFCO) is a regulatory agency with county- wide jurisdiction. LAFCO is in the process of implementing new State imposed guidelines issued September 15, 2000. The Commission on Local Governance for the 21st Century made broad recommendations revising the Cortese- Knox Local Government Reorganization Act of 1985. The recommendations took effect July 1, 2001. Because of these new guidelines and because the most recent Grand Jury review of LAFCO took place in 1998, another review is timely. Background LAFCOs were established in 1963 by the State Legislature in all 58 California counties. Their purposes were to deal with issues of orderly growth in the State: to preserve agricultural land, to discourage urban sprawl, to oversee fiscal responsibility in Special Districts and County Service Areas ( CSAs) and to establish Spheres of Influence for each city and Special District. The Butte County LAFCO is comprised of 7 members: 2 County Supervisors appointed by the Board of Supervisors, 2 city/ town council members appointed by mayors, 2 from Special Districts, and a public member elected by the other 6 members. Commissioners serve 4- year terms. There are 4 alternates. LAFCO has a full- time staff of 4: an executive officer, senior planner, administrative assistant and office assistant. Until July 1, 2001, the agency was part of the Development Services Department. The Executive Officer is now responsible to LAFCO, not to the Board of Supervisors. Investigation The Executive Officer of LAFCO was interviewed. Follow- up questions were answered by the Senior Planner, and County Counsel clarified the new relationship of LAFCO to County government. LAFCO is conducting reviews of all Special Districts and CSAs to determine their viability. Five years will be required to complete this process. Special Districts in the County are mentioned in different County documents as numbering anywhere from 30 to 150. The Grand Jury questioned this disparity. The distinction between Special Districts and CSAs was clarified. Butte County currently has 2001- 2002 Butte County Grand Jury BUTTE COUNTY LOCAL AGENCY FORMATION COMMISSION 49 41 Special Districts and 94 CSAs. The number of CSAs diminishes steadily through merger, consolidation and dissolution. Less frequently, new ones may be formed. CSAs may include such services as street lighting, sewer, drainage and storm drain maintenance. Special Districts may include parks and recreation, reclamation, water, mosquito abatement and cemetery districts. Typical applicants for LAFCO services might include an individual home owner requesting annexation to a sewer district due to a failing septic tank; developers seeking annexation to cities to obtain more favorable urban services for new housing; cities wishing to annex “ islands” of unincorporated land located within their borders in order to avoid duplication of services; or Special Districts or cities wishing to consolidate governmental agencies into one streamlined and economical entity. LAFCO, acting on requests, establishes Spheres of Influence for all cities and Special Districts in the County. A Sphere of Influence is the physical boundary and service area that a local governmental agency is expected to serve in an efficient manner. LAFCO is charged with insuring consistency between a city or Special District and its request for Sphere of Influence designation. A proposed Sphere of Influence must meet requirements for infrastructure needs ( police, fire, water and sanitation) for the next 20 years. LAFCO recommends that cities and districts make Spheres of Influence more compact rather than more wide- ranging in order that infrastructure needs be supportable. The most recently published LAFCO reports on 4 Spheres of Influence ( Chico, Paradise, Oroville, Gridley) in Butte County are dated 1985. Recently the Chico City Council and Paradise Town Council have discussed possible expansion of their Spheres of Influence. The 1985 documents now require revisions in light of the current interest of Chico and Paradise in expanding their Spheres of Influence. LAFCO's communication with the public includes a leaflet and a Web site. The present leaflet is outdated and is under revision to include an explanation of its functions, budget, membership of the Commission and a map. The Web site contains helpful information similar to that in the leaflet, but some of it is “ under construction”. The address is http:// www. butte. lafco. ca. gov. The State of California has a similar Web site at http:// www. calafco. org. Since July 1, 2001, LAFCO has been an independent County agency under the State of California Government Code. It is no longer supported solely by the County but through a cooperative agreement among its 3 member constituencies represented on the Commission: 45% from the County, 45% from the 5 cities and 10% from the Special Districts. This represents an initial step toward separation from the County for all but specified contracted services, such as auditing, personnel actions, County Counsel, mail room and insurance. 2001- 2002 Butte County Grand Jury BUTTE COUNTY LOCAL AGENCY FORMATION COMMISSION 50 Detailed mapping of the County is crucial to LAFCO’s work. LAFCO in the past has utilized Geographic Information Systems ( GIS) mapping services in the Development Services Department, and it has often been difficult to meet mapping needs. Since the initial Grand Jury interview, LAFCO has solved its problem by purchasing its own computer equipment for mapping, and the system is functioning. Commendation The Grand Jury commends LAFCO, its Executive Officer, staff and Commissioners for their many improvements under newly revised guidelines. LAFCO is efficiently pursuing its mandates and moving ahead in solving its most pressing problems. Findings 1. Basic changes in guidelines have caused major changes in how LAFCO fulfills its responsibilities. 2. LAFCO is no longer part of the Development Services Department. It is now an independent County agency. 3. Special Districts and CSAs are being reviewed. Five years will be required to complete the process. 4. As one of its most important charges, LAFCO adopts Spheres of Influence for local governments. 5. LAFCO is now equipped to meet its own mapping needs. Recommendations None Responses Required ( Penal Code § 933 & 933.05) None required. 2001- 2002 Butte County Grand Jury BUTTE COUNTY JAIL AND SHERIFF’S EVIDENCE FACILITY 51 Reason for Visit/ Investigation Each Grand Jury is required to visit/ inspect the Butte County Jail at least once during their term. Background The Butte County Jail was originally built in 1964, and the men’s section was rebuilt to the present- day pod system in 1994. There exists a total of 12 pods, divided into 2 “ sides”, the “ Charlie Side” ( maximum security) and the “ Delta Side” ( medium security). Each pod is a large area comprised of cells. On the Charlie Side, 1 pod is made up of 16 single cells, and the other 5 pods are made up of 16 two- man cells, totaling 176 beds on the maximum security side. The Delta Side is comprised of 6 pods configured in a 40- man dormitory setting, totaling 240 beds on the medium security side. Control towers, one for Charlie and one for Delta, overlook these pods, which is a very efficient method to monitor a large number of inmates with a minimum number of staff. The women’s section has not been rebuilt into a “ pod” system and remains basically unchanged as to style since the facility was built in 1964. This section is comprised of 4 sections with steel barred cells. “ U Section” is comprised of 3 single cells, each with 1 bed. “ T Section” is broken down into two 12- bed cells and 2 single cells, each with 1 bed. “ W Section” presently includes one 12- bed cell, one 4- bed cell, one 5- bed cell, and one 2- bed cell, with an additional 2 beds being added. “ R Section” has one 8- bed cell, one 6- bed cell and 3 single cells, each with 1 bed. The women’s section holds a total of 68 inmates, and averages between 60 and 65 inmates at any given time. There are also 6 unisex single cells to accommodate inmates requiring medical treatment, mentally ill inmates and high security inmates. The Evidence Facility is under the control of the Butte County Sheriff, and was established and built in July 1967. Investigation The 2001- 2002 Grand Jury made 2 announced visits to the jail facility. The first was October 3, 2001, and the second was February 2, 2002. Members of the Grand Jury again visited the facility on April 22, 2002, to re- view the female section of the jail. The same Facility Sergeant, who was extremely professional and helpful, led these tours. All areas of the jail were open for inspection. 2001- 2002 Butte County Grand Jury BUTTE COUNTY JAIL AND SHERIFF’S EVIDENCE FACILITY 52 The kitchen tour proved to be a positive experience for the Grand Jury. The cleanliness, staff, facility, meal quality and quantity were beyond all expectations. During the February 2, 2002, visit the Grand Jury also had the opportunity to view the Sheriff’s Evidence Facility. The entire facility represents a disaster waiting to happen. The 2 front areas are cluttered with paperwork. The storage area for evidentiary items is stacked, floor to ceiling and in the aisles, with everything imaginable. The side area, where officers bring in evidence, has old Rubber- Maid- type tubs and what appear to be home- made wooden lockers. During these visits the Grand Jury members took notes, asked questions and viewed all areas of both facilities. All staff contacted were very professional in both appearance and attitude. Findings 1. The 1999- 2000 Butte County Grand Jury recommended that emergency procedures be posted conspicuously in the control room to make it clear who has the authority and responsibility to notify control room personnel when they can safely leave, or must leave, the control room in the event of an emergency. The Sheriff responded to the 1999- 2000 Grand Jury Report saying, “ Specific guidelines will be developed, and posted inside and outside of the control room to ensure an orderly evacuation or entry, as the situation requires.” As of the Grand Jury’s latest tour in February 2002 these guidelines have not been established or posted. 2. In comparison to the Men’s Facility, the Women’s Facility is deplorable. Unlike the men’s large, bright common areas, the women’s area is taken up with cot- type beds and eating tables. Although the Women’s section meets minimum State requirements, it is run down and shabby, generating a completely demeaning atmosphere. 3. The Evidence Room, also mentioned in the 2000- 2001 Grand Jury Final Report, remains unchanged. This facility should be classified as “ stone age” still in use in the 21st Century. Recommendations 1. The Sheriff establish specific emergency procedure guidelines and post them, as stated in the Response given to the past Grand Jury. 2001- 2002 Butte County Grand Jury BUTTE COUNTY JAIL AND SHERIFF’S EVIDENCE FACILITY 53 2. The Board of Supervisors, as a whole, make an unannounced visit to the Butte County Jail to compare female and male areas and formulate a plan to correct this inequity. 3. As recommended by the 2000- 2001 Grand Jury, the 2001- 2002 Grand Jury again suggests the Board of Supervisors visit the evidence facility for a first- hand view of these crowded and hazardous conditions and find a way to upgrade this facility in the immediate future. Responses Required ( Penal Code § 933 & 933.05) Butte County Board of Supervisors Butte County Sheriff 2001- 2002 Butte County Grand Jury BUTTE COUNTY JAIL MENTALLY ILL INMATES 54 Reason for Visit/ Investigation The Grand Jury received a citizen complaint of unjust treatment of a possible mentally ill inmate at the Butte County Jail. Background Butte County does not stand alone with the issue of mentally ill inmates in the jail system. Numerous other counties within California are also facing the same dilemma. Due to the shortage of “ secured” mental facilities throughout the State, it could, and usually does, take weeks or months to transfer a mentally ill inmate from the jail system to a facility that treats the mentally ill. Investigation The Butte County Sheriff and many of the jail staff were interviewed by members of the Grand Jury regarding mentally ill inmates. All responses were professional and sincere. All stated they do whatever is possible to protect not only the mentally ill inmate, but also other inmates and all jail staff. But, again, their hands are tied due to the lack of facilities in which to relocate these disturbed inmates. The Butte County Jail does maintain an on-call psychiatrist and an on- duty psychiatric nurse who monitor inmates as needed. The Grand Jury was informed that because the Butte County Jail is not a “ designated psychiatric facility”, inmates cannot be forced to take medications. The California Board of Corrections has issued 30 research grants, one of which was issued to Butte County, to study this issue in depth. The “ Mentally Ill Offender Crime Reduction Grant” was approved by the Board of Supervisors. The Sheriff’s department is the lead agency. Other entities involved in the grant include the Superior Court, the Consortium of Public Defenders, the Probation Department, the Behavioral Health Department and the District Attorney’s Office. Findings 1. The Grand Jury found no evidence to substantiate the citizen’s complaint. 2. The 30 grants are presently in the first year of a 3- year study after which the California Board of Corrections will evaluate the findings/ recommendations prior to changing the present system. 2001- 2002 Butte County Grand Jury BUTTE COUNTY JAIL MENTALLY ILL INMATES 55 Recommendations None Responses Required ( Penal Code § 933 & 933.05) None required. 2001- 2002 Butte County Grand Jury BUTTE COUNTY JUVENILE HALL 56 Reason for Visit/ Investigation The Grand Jury is required, by mandate, to visit the Butte County Juvenile Hall, inspect the facility and report on its condition. Background The Juvenile Hall is under the direction of the Butte County Probation Department and was constructed in 1976 to house 60 juveniles. The new 60,000 square foot facility is presently under construction and scheduled to be completed during the fall of 2002. This new facility is being built to handle a capacity of 120 juveniles. Initially it will hold only 80 juveniles due to a shortage of staff. It is anticipated the new facility will be fully staffed and occupied in 2 years. Investigation On October 17, 2001, the Grand Jury toured the existing Juvenile Hall, which included housing units, the courtroom, kitchen, classrooms and gymnasium. The kitchen and dining area appeared clean and cheerful. The menu is cost effective and meets California State nutritional requirements. The Grand Jury toured the recently remodeled Juvenile Court. The courtroom now is adequate to accommodate the judge, court staff, prosecuting and defense attorneys, and minors and their families. Schooling is provided by the Butte County Office of Education. The school at the juvenile facility is known as Table Mountain School. There are presently three classrooms and a gym for physical education. Each juvenile’s school records are immediately obtained from the last school attended. The Administrator/ Lead Teacher of the school described the various ways his staff works to keep the juveniles on track in their schooling. Commendation The Butte County Grand Jury wishes to commend those who donated their time, materials, and expertise to the remodeling of the courtroom. This was accomplished at no cost to the County. Their dedication and service to the community are a wonderful donation to this facility and to Butte County. 2001- 2002 Butte County Grand Jury BUTTE COUNTY JUVENILE HALL 57 Findings 1. The Administrator/ Lead Teacher at the Juvenile Hall school who gave the Grand Jury a short orientation on how the school operates was very inappropriately dressed. “ Casual” is acceptable in certain circumstances, but old tennis shoes, wrinkled shirt and short pants do not appear appropria te. The law enforcement personnel at the facility were dressed in uniforms, which sets the tone of the facility for professional civilian attire. Recommendations 1. Butte County Probation Department establish guidelines for more appropriate attire for the Juvenile Hall civilian employees. Responses Required ( Penal Code § 933 & 933.05) Butte County Chief Probation Officer Superintendent, Butte County Office of Education 2001- 2002 Butte County Grand Jury GENERAL SERVICES DEPARTMENT BUTTE COUNTY EMERGENCY SERVICES OFFICE 58 Reason for Visit/ Investigation Part of the function of the Grand Jury is to visit/ investigate as many County offices as possible during the Grand Jury’s term. This office was selected in part due to the September 11, 2001, attack on America, and also because this office had not been visited since 1993. Background The Emergency Services Office is a division of General Services and is responsible for preparing and carrying out plans to protect persons and property within the County in the event of an emergency. This office also provides coordination of emergency services within the County. The Emergency Services Office was established in 1952 by the Thomas B. Stafford Act and was not staffed with its own officer, whose sole duty was emergency services, until 1994. The Emergency Services Office establishes and maintains emergency management functions for both the incorporated and unincorporated areas of Butte County. Investigation Members of the Grand Jury met with the Emergency Services Officer on November 26, 2001. Due to lack of office space, the meeting was held in the Personnel Training Room in the Butte County Administration Building. Numerous subjects were discussed, such as staffing, budgets, preparedness for biological/ chemical incidents and other possible emergencies. Jurisdictional issues and the Reverse 911 Notification System ( also known as “ County Watch”) were also discussed. The office is staffed with 1 Emergency Services Officer, whose background includes experience as a HazMat Specialist, nurse, manager of Chico Ambulance Service and computer programmer, and has various other training related to his field. The office is also staffed with 1 part- time ( 75%) clerical position. As stated in the State and Federal Emergency Management Agency ( FEMA) guidelines, this office should be staffed with 5 emergency services personnel and 3 clerical assistants. There is no second in command within this office who is trained to step in and handle emergencies. There is no staff to assist in the field should multiple emergencies occur. The Emergency Services Officer works with FEMA, the State of California and many department heads within Butte County. Service organizations such as Red Cross and 2001- 2002 Butte County Grand Jury GENERAL SERVICES DEPARTMENT BUTTE COUNTY EMERGENCY SERVICES OFFICE 59 Amateur Radio Operators are a valuable resource and provide important assistance in time of need. Butte County has a Level I lab. Level I is the required level for detecting biological/ chemical agents. Butte County has 2 Type I Emergency Vehicl |
| PDI.Date | 2002 |
| PDI.Date.Issued | 2002 |
| PDI.Title | Final Report. 2001-2002. |
| OCLC number | 24258777 |
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