CALAVERAS COUNTY GRAND JURY

May 17, 2001

The Honorable John E. Martin

Calaveras County Superior Court

891 Mountain Ranch Road

San Andreas, CA 95249- 9709

Dear Judge Martin:

On behalf of the 2000- 2001 Grand Jury, the final report is submitted herewith.

All Grand Jury members were made aware of each inquiry, complaint, and investigation received or

undertaken during their term of office. All issues were assigned to committees established within

the Grand Jury. Committee reports regarding progress and findings were periodically discussed by

the full Grand Jury throughout the term. The Grand Jury, voting as a body, has voted on each

section of this report with at least 12 members in the affirmative on each issue.

All members of the 2000- 2001 Grand Jury are to be commended for their efforts. Their names are

set forth at the beginning of the report. Every one of these individuals has approached the task of

serving as a Grand Juror in a conscientious and responsible way. The members not only attended

the full meetings, but also participated in committee meetings and investigations. For most, this

work has been done at some sacrifice of time, personal funds and adjustment of personal lives.

The Grand Jurors have met all of their obligations and have responded to all issues in a fair and

unbiased way. It has been a great pleasure and honor to work with these dedicated people.

During the 2000- 2001 term, the Grand Jury was involved in issues pertaining to political

controversy and a number of citizen complaints of the type to warrant Grand Jury investigation.

Every complaint received was presented to the full Grand Jury. In some cases an overlap of county

agencies or matters of jurisdiction prompted the Jury to refer the issue to the proper agency or

decline action on the grounds that it lacks authority to investigate the matter.

The system of checks and balances provided by the Grand Jury is a valuable tool in monitoring

county government and to be responsive to citizens who feel aggrieved by the government system.

Finally, on a personal note, I wish to thank the staff of the Superior Court for their assistance

throughout this term and a special thanks to County Counsel  s office.

Sincerely,

Stephen R. Mayo

Foreman

2000/ 2001 Grand Jury

Final Report

The 2000/ 2001 Calaveras County Grand Jury approved this Final Report on May 17, 2001

S/________________________________

Stephen Ralph Mayo, Foreperson

I accept for filing this Grand Jury Final Report for the year 2000/ 2001, and certify that it

complies with Title V of the California Penal Code on June 21, 2001.

S/________________________________

John E. Martin

Presiding Judge of the Superior Court

Any persons interested in receiving a copy of this 2000/ 2001 Grand Jury Final Report may do so

by contacting the Calaveras County Superior Court or by accessing the County website . . .

www. co. calaveras. ca. us.

MEMBERS OF THE 2000/ 2001 GRAND JURY

Stephen Ralph Mayo- Foreperson

Thomas A. Fletcher- Foreperson Pro Tem

Marcia Smith- Boll

Dennis W. Coates

Laura Hewitt

Patrick H. Kenmir

Dieter F. Kilian

Pearl Marrone

Millie Mascot

Martin Pollyea

Consuelo L. Quinones

Gilbert D. Ramos

Dennis A. Reeves

Robert D. Ross

Clifford A. Rourke

Thomas E. Sumwalt

Gary N. Tofanelli

Pedro Torres, Jr.

Roberta C. Woods

CALAVERAS COUNTY GRAND JURY

The Fifth Amendment of the United States Constitution and the California Constitution call for a

Grand Jury. The Grand Jury is an investigative body created for the protection of society and

enforcement of its laws. Grand Jurors are officers of the Superior Court, but function as an

independent body. A Grand Jury works to ensure that the best interests of all citizens of the

county are being served by their government bodies. Grand Jurors are selected at random from

DMV records and voter registrations as well as interested individuals who apply or who are

nominated by the Superior Court. Jurors are impaneled for one year beginning July 1 and may

choose to stay on one more year with the approval of the Superior Court Judge. One unique

provision of the Grand Jury is its power, through the Superior Court, to aid in the prosecution of

an agency or individual they have determined to be guilty of an offense against the people.

The major function of the Calaveras County Grand Jury is to examine county and city

government and special districts to ensure their duties are being lawfully carried out. The Grand

Jury reviews and evaluates procedures, methods, and systems utilized by these agencies to

determine if more efficient and economical programs may be used for the betterment of the

county  s citizens. It is authorized, but not limited, to inquire into charges of willful misconduct

or negligence by public officials or the employees of public agencies. Neither official request

nor public outcry should force the jury to undertake an inquiry which it deems unnecessary,

frivolous or undesirable.

The Grand Jury is required to investigate the conditions of jails and detention centers, and to

investigate complaints made by or on behalf of prisoners. It is also authorized to inspect and

audit the books, records and financial expenditures of all agencies and departments under its

jurisdiction, including special districts and non- profit agencies, to ensure funds are properly

accounted for and legally spent.

The Grand Jury generally limits its investigations to the operations of governmental agencies,

charges of wrongdoing within public agencies, and the performance of unlawful acts by public

officials. The Grand Jury cannot investigate disputes between private parties or matters in

litigation.

FINAL REPORT

The Final Report of the Grand Jury includes the findings and recommendations of each

committee and is released to the Superior Court Judge by June 30 of each year. It is also made

available to the new Grand Jury, the media, the public and government officials.

HOW TO CONTACT THE GRAND JURY

Those who wish to contact the Grand Jury may do so in writing to:

Foreperson

Calaveras County Grand Jury

P. O. Box 1414

San Andreas, CA 95249

Complaint forms may be requested by calling ( 209) 754- 5860.

CALIFORNIA

California is one of the states to initiate prosecution by either indictment or complaint. The first

California Penal Code contained statutes providing for a Grand Jury. Early grand juries

investigated local prisons, conducted audits of county books and pursued matters of community

concern. The role of the Grand Jury in California is unique in that by statutes passed in 1880,

the duties include investigation of county government.

As earlier stated, the authority for the Grand Jury system in the United States lies in the Fifth

Amendment of the U. S. Constitution. Provision for the Grand Jury in California is contained in

Article 1, Section 3 of the California Constitution. California is served by a Grand Jury system

which provides ( with certain exceptions where separate civil and criminal grand juries are

authorized) one Grand Jury for each county. Its functions are ( 1) Civil: to review the conduct of

local government and ( 2) Criminal: to inquire into public offenses committed or triable within

the county. Only seven states provide for investigation of county government by a Grand Jury

beyond alleged misconduct of public officials.

TABLE OF CONTENTS

Page

Letter of Transmittal

Table of Contents

2000/ 2001 Grand Jury Final Report

Members of the Grand Jury

Calaveras County Grand Jury

FINAL REPORTS

Audit and Finance . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1

Education and Library . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3

Fire and Utilities . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4

Government and Administration . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16

Human Services . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21

Law and Justice . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28

Planning and Environment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 35

1

AUDIT AND FINANCE COMMITTEE

The Audit and Finance Committee is responsible for investigating complaints and reviewing the

performance of the offices of the Auditor/ Controller, Assessor, Treasurer/ Tax Collector, and the

Technology Services Department.

Complaints Received and Independent Reviews Conducted

A COMPLAINT WAS received from the Copperopolis Fire Protection District ( CFPD) which

contained six items of discontent. CFPD purported that tax revenue was not properly disbursed,

neither in amount nor timeliness. The first two items charged that the Auditor/ Controller  s

Office failed to respond to the District  s questions regarding the disbursement of revenues. The

other items appeared to be statements and accusations of frustration.

Investigation

The committee examined documents and interviewed staff of the Auditor/ Controller  s Office and

CFPD.

Findings: The complaint from CFPD seemed to be due to a lack of understanding of certain

accounting methods used by the Auditor/ Controller  s Office, especially some misconceptions

regarding property tax revenue fluctuation. The added burden to the district for accounting and

potential for poor budgeting could be reduced if the fire district would participate in the Teeter

Plan, as do almost all of the other districts. The Auditor/ Controller has made herself available to

CFPD both in person and in letters of explanation in an effort to resolve the District  s concerns.

On September 1, 1998, the Auditor/ Controller  s Office went on- line with a computer system

called IFAS ( Bi- Tech) for financial reporting and therefore instant interdepartmental

communication. In addition, a payroll module known as Megabyte became operational within

the year. As the Auditor/ Controller  s Office evolved out of the old mainframe computer system,

many unforeseen obstacles complicated this difficult conversion process.

Conclusions: No instances of willful malfeasance or misfeasance by the Auditor/ Controller  s

Office occurred with regard to this complaint.

Recommendations: The Copperopolis Fire Protection District could be better served by the

Auditor/ Controller  s Office if they adopted the Teeter Plan. The Teeter Plan, adopted by

Calaveras County in 1996, is an alternative method of tax apportionment that simplifies the

process and increases flexibility of available cash usage. CFPD is one of the few entities in the

county which has not accepted the Teeter Plan. This creates an increased workload for the

Auditor/ Controller, as a different procedure must be set up for the handling of assessment

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revenues for those agencies not using it. The Grand Jury recommends that CFPD adopt the

Teeter Plan as soon as possible.

Response Requested: CFPD

3

EDUCATION AND LIBRARY COMMITTEE

The Education and Library Committee is responsible for review of school districts, libraries,

museums and archives, and investigating complaints pertaining to those institutions.

Complaints Received and Independent Reviews Conducted

REVIEW OF CALAVERAS High School: A committee review and tour was held at Calaveras

High School. A comprehensive and thorough tour and review was given by the school principal.

Findings: The operation of the high school was efficient, orderly and very well managed.

Student activity and movement was very organized and a dress code was in effect. There are no

cell phones or pagers allowed and it is a closed campus. There is one fire drill per semester. The

school is currently receiving outside grant funds and actively seeking new funds to help improve

the school  s operation and educational tools. It was noted that the general condition of the

grounds and buildings was in good repair with a few exceptions:

The roof of the arts/ ceramic building is in need of replacement and/ or repair.

Some of the wooden seating benches were very rough and splintering.

There is no direct handicapped access to the athletic playing field except through a

locked gate at the far end of the field by the student parking lot. There was handicapped

access for seating in the upper level of the seating area on one side of the field only.

Some walkways had broken or missing bricks.

Recommendations: Improve handicap access to athletic field and general review of handicap

policies on the grounds.

Response Requested: Superintendent of Calaveras Unified School District

4

FIRE AND UTILITIES COMMITTEE

The Fire and Utilities Committee investigates and/ or surveys Calaveras County Fire and Utility

Districts with emphasis on responding to complaints submitted by county citizens.

Complaints Received and Independent Reviews Conducted

Fire Districts

ONE WRITTEN COMPLAINT concerning fire districts was received. While the citizen

obviously had real concerns for fire preparedness within his area due to reorganization of that

particular fire district, the complaint was written in such general terms that specific problems

could not be separated from the general opinions offered by the complainant. However, the

countywide fire district survey performed during this term should be complete enough to allay

the main concerns of this citizen. This survey is reported herein.

ANOTHER COMPLAINT CAME from the Board of Directors of one of the newly formed fire

districts. ( See Foothill Fire Protection District below). The district misunderstood that escrow

monies were to be directed to them to provide a new water tender. The district presently has an

unserviceable and unsafe water tender.

REVIEW OF COUNTY Fire Districts pursuant to Penal Code  925: Over the past two or three

years, fire districts within the county were reorganized with areas of responsibility more clearly

defined. All of the previously unprotected areas now fall within one or more of the newly

formed districts. This reorganization established ten fire protection districts within the

unincorporated portion of the county, and one within the City of Angels Camp which is the only

incorporated city within Calaveras County.

All eleven chiefs were interviewed and nine of the eleven stations were visited. Only

Mokelumne Hill and Altaville- Melones were not, although the chiefs of those districts were

interviewed at other locations. The Grand Jury members prepared a general list of questions.

Of particular concern were the various district  s Insurance Services Office ( ISO) ratings. These

ranged from 4 ( Arnold area) to 9 in the more rural areas, with a countywide average of

approximately 5 to 7. Lower numbers reflect better fire protection than higher numbers.

Individual citizens  insurance rates are impacted by these numbers, with lower numbers

supporting better rates. Most of the districts are actively working to lower their own particular

ratings although lower ratings are very difficult to obtain.

Also of concern to the Grand Jury were the automatic ( initial response by predetermination) and

mutual aid agreements ( by request) that each district had with other districts. Some districts rely

heavily on support of adjacent or nearby districts, even outside the county, while others exercise

less reliance.

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Each fire chief, along with the Chief of the California Department of Forestry ( CDF), and others,

is invited to participate in an organization called the Calaveras County Fire Chiefs Association.

This organization meets once per month and provides a forum for the interchange of ideas and

suggestions among the participants. Speakers from outside the county are presented and

demonstrations of new equipment and techniques are made. Not all Calaveras County chiefs

attend on a regular basis although the value of this interchange seems very important in order to

remain current with the latest equipment and fire- fighting methodology.

Each chief was asked about planning for future growth or consolidation as would be reflected in

five or ten year plans. Very little strategic planning was uncovered for countywide operations

although some thought had been developed for those expected to have significant population

increases in the near future. A grasp of the importance of future long- range planning was

exhibited by the Ebbetts Pass, Copperopolis, and West Point Fire Districts. The first two

districts reflected relatively large population increases, while the third showed planning for good

control of rural fire protection.

Following are brief comments on each Fire Protection District with Grand Jury assessments:

Ebbetts Pass Fire Protection District: This district covers the Highway 4 corridor between the

Utica Power Station and the Alpine County line, generally the more eastern part of the county.

In land area, its coverage is perhaps the largest in the county.

The facilities and equipment appeared to be maintained in excellent condition and although their

budget is the highest in the county, they demonstrate that they know how to use that money

effectively. They have full- time paramedic services which are available in the Arnold area.

Their training program is excellent and ongoing. They have 30- 35 firefighters of which 12 are

full- time paid, the rest being volunteers. Their latest ISO rating in the Arnold area is 4, the

lowest ( best) in Calaveras County.

Members of the Ebbetts Pass Firefighters Association and the Ebbetts Pass Firefighters Auxiliary

developed and published three booklets related to fire protection, including  Home Safety and

Prevention Guide  ,  Defensible Space Handbook  , and  Jasper  s Fire Safety Coloring Book  . All

are excellent and should be made available to residents countywide. The third booklet,

especially, should be given to every child in the first or second grade throughout the county.

Angels Camp Volunteer Fire Department: This department is responsible for the smallest land

area within the county although it has a significant number of old buildings with which to

contend. It therefore has different fire protection requirements than most of the other districts in

the county. Only the Fire Marshall is a paid full- time employee and the Chief is paid part- time.

There are 18 volunteers.

The facilities and equipment appeared to be maintained in very good condition. The

headquarters station was originally built by the firefighter volunteers, so they have a tradition of

good maintenance to support. The Chief has been with the department for forty years and his

6

experience is very important to making the operation run smoothly. The latest ISO rating for the

department and its operations is 5.

West Point Fire Protection District: This district increased fourfold in area with the

reorganization of fire districts within the county. It is the northernmost district adjacent to the

Central and Ebbetts Pass Districts and it lies in mountainous, heavily forested terrain. It has two

stations, 34 fire fighters, and medical rescue volunteers. None are paid.

Facilities and equipment appeared to be in very good condition. Operations seem to be well

thought out as the district has emergency water tanks strategically located throughout its area of

responsibility. This allows tenders to refill without having to go back to the station. Their

training program meets twice per month, once for medical training and once for firefighting and

the program is state- approved. The District  s ISO rating is a 7 within a five- mile radius of either

station and a 9 beyond that radius where there are no hydrants.

Mokelumne Hill Fire Protection District: This district is on the northern edge of the county and

is adjacent to the Central, San Andreas, and Foothill Districts. The district has 12 fire fighters of

which 6 are certified medical first responders. The district has one firehouse and another is

being built. The latter is scheduled to be completed by the end of the year. The chief has 14

years experience as a firefighter in Mokelumne Hill and six years in San Andreas in an

overlapping period. The Chief is not active in the Calaveras County Fire Chief  s Association.

This district is one of the two which were not visited due to scheduling problems and therefore

no comment can be made relative to the condition of facilities or equipment. The district has an

ISO rating of 6 in hydranted areas and a 9 in other areas.

Central Calaveras Fire and Rescue Protection District: This district is central to the county and

includes Mountain Ranch, Glencoe, Railroad Flat, and now Sheep Ranch after the

reorganization. This area of responsibility is generally rural in nature with some mountainous

areas especially between Mountain Ranch and Sheep Ranch. The district has three full- time paid

personnel and 18 volunteers. The chief was a firefighter for 30 years in Fremont and has been

Chief of Central District for six and one- half years.

The main station on Jesus Maria Road is relatively new and was in excellent condition as was

the equipment stationed there. Because of the rural nature of the area, the district  s ISO rating is

an 8 with little hope of improvement unless an expensive underground water system is installed.

This is unlikely to happen.

The Grand Jury would like to thank the Central District Chief for his extensive, helpful

comments relative to the questionnaire to be used in future Grand Jury surveys. His suggestions

expanded its content to be more applicable to rural areas.

7

San Andreas Fire Protection District: This district has the county seat within its area of

responsibility and it borders on the Mokelumne Hill, Central, Altaville- Melones and Foothill

Districts. It has 23 firefighter personnel; only the chief firefighter is paid.

The district has an extensive training program with sessions four nights per week. At times, the

training is done at various schools and at the local hospital. The district has purchased an

adjacent building which will provide space for three fire vehicles. They are currently housed in

a local barn.

Facilities and equipment appeared to be in excellent condition. The district has an ISO rating of

5, but feels it is being held back because of the height of some buildings to which it must supply

fire protection services.

Murphys Fire Protection District: This district lies between Ebbetts Pass Fire District and

Altaville- Melones on the eastern side of the county. It has two stations with 28 total personnel

of which one is paid full- time and one part- time. The Chief has 28 years of firefighting

experience including five years in Barstow. He is state certified and holds a degree in Fire

Technology. He is very active in the Calaveras County Fire Chiefs Association of which he is

past president.

Station facilities and equipment appeared to be in very good condition. On the day of the

interview, the district took possession of a new Class A pumper. The district has an ISO rating

of 6 and is presently asking for a new evaluation. A new structure to house a water tender and

pumper will help improve that rating. The district does not have a strategic plan nor has it

developed a mission statement.

Jenny Lind Fire Protection District: This district lies in the southwestern part of the county

adjacent to the Foothill and Copperopolis Districts. Its responsibilities were expanded in the

reorganization to include the area surrounding Milton and the larger area between the

Copperopolis and Foothill Districts. It has two stations with 19 volunteer firefighters. The

stations are not manned full- time. The Chief has 30 years of experience including four years as

Chief of the Murphys District. He is an active member of the Calaveras County Fire Chiefs

Association and he finds great value in that organization. The chief stated that there is no formal

strategic plan in place for the district.

The station facilities, though very small, and the rolling equipment, appeared to be in very good

condition. The district has an ISO rating of 6 in hydrant- covered areas while more rural parts of

the district are generally rated a 9. The recent addition of a water tender allows those within five

miles of the tender storage location to be classified as an 8. Water is taken from any of eight

storage tanks ranging from 2000 gallons to one million gallons. A five- acre parcel has been

purchased on which a new headquarters station will be built. Completion should be within the

next year.

8

Copperopolis Fire Protection District: This district lies in the south corner of the county adjacent

to the Jenny Lind, San Andreas, and Altaville- Melones Districts. It is the second largest district

in land area in the county. The district has an ISO rating of 6 in hydrant- covered areas, an 8 in

areas within eight miles of its water tender storage facility, and 9 for areas beyond that eight-mile

limit.

The district currently has 30 firefighting personnel of which five are full- time paid, including the

Chief and four Engineers. The Chief has held that position since 1974 so his experience is

invaluable in providing guidance, encouragement, and management to the rest of the district  s

personnel.

This district physically built two pumpers from one and some additional parts, and they built a

4,000 gallon tanker from an older truck and a pump. They also perform all phases of

maintenance, including engine and pump rebuild. Presently, they are adding a maintenance and

training building behind the front building that houses three or four pieces of rolling equipment.

The members of this district should be proud of their outstanding equipment and facilities.

Foothill Fire Protection District: This district, with 17 volunteers, is in the northwest corner of

the county and is adjacent to the Mokelumne Hill, San Andreas, and Jenny Lind Districts. It

now includes the Valley Springs, Wallace, and Burson surrounding areas after the district

reorganization. Its ISO rating is 9 in all areas.

The complaint made to the Grand Jury by some members of the Board of Directors and the

Chief, allege that fees collected in accordance with Ordinance 2226, dated January 6, 1992, have

not been properly directed to Foothill fire operations. The original source of Ordinance 2226

was the California Department of Forestry ( CDF) although CDF apparently never exercised the

process, and in January, 1993, the County Board of Supervisors adopted Resolution # 93- 11

which gave responsibility to the building department for inspection and fee collection. The

primary purpose of this exercise was to assure that water was available throughout the county for

fire emergencies. The fees were collected but apparently no inspections were ever made

regarding onsite water provisions. Similarly, no records seem to exist to support or disclaim

these allegations.

When the Grand Jury visited the Foothill headquarters, the following conditions were observed:

clothing and small equipment were laying about on the floor in a haphazard manner; the floors

were dirty; books, magazines, and other paperwork were laying about in stacks, due in part to

insufficient space. The outside of the building was in need of paint. Some of the rolling

equipment, however, did appear to be in good serviceable condition, having been purchased

from the fire department in Sparks, Nevada.

Altaville- Melones Fire Prevention District: This district is located adjacent to the Murphys,

Copperopolis, and San Andreas Districts and it completely surrounds the Angels Camp District.

The Chief of the District is also a sergeant in the Angels Camp Police Department and at the

present time there does not seem to be any conflict of jobs. This was the second district in which

the Grand Jury was unable to examine either facilities or equipment due to scheduling conflicts

9

with the district personnel.

The district has 17 volunteer firefighters. Its ISO rating is 8 for areas with fire hydrants and 9 for

those areas without. There are no plans for a possible consolidation with any other district

although this was mentioned several times to Grand Jury members by other fire related

personnel. The district has one station which is not manned until personnel are summoned by

pager.

Findings: Basically, the overall condition of the county- wide fire protection system appears to

be good. The reorganization which took place over the past two or three years has had a good

influence on the overall firefighting organization, facilities, equipment and personnel.

A few flaws appeared, with the worst being the problems encountered by the Foothill District

and their perception of how to work in a system that requires they do their own planning,

implementation, and organization. The Chief and Board of Directors of the Foothill District

appear to be capable, understanding people and in the near future should achieve success. They

will need to be patient and prepare their facilities and operations in a manner that gives a good,

clear image to the people of their district.

Conclusions: County Ordinance 2226 was, and is, needed and it appears to provide sufficient

funds for the purpose intended. These funds, however, must be directed to the various fire

districts for ongoing upgrade of facilities and equipment rather than to be used to accelerate the

payback of the original obligation.

Distribution of water tenders was made in agreement with the County Fire Warden ( the position

no longer exists), the County Fire Chiefs Association, and the Director of the Office of

Emergency Services ( OES), with considerations given to need, ability to house and maintain,

and to provide rapid response during emergencies. Also taken into consideration were those

districts which accepted responsibility previously assigned to County Fire. The Foothill Fire

District did not exist at that time and the Burson District, which later became part of Foothill,

was not given a tender primarily because of an evaluation by the then County Fire Warden who

determined that the water supply truck available to them was serviceable and that their need was

not as great.

Recommendations: Following are recommendations developed based upon the Grand Jury

survey of all fire protection districts within Calaveras County:

1. That County Ordinance 2226 be reviewed and updated in coordination with the Calaveras

County Fire Chiefs Association and the OES Director.

Response Requested: Board of Supervisors.

2. That the updated ordinance provide for inspections of all existing, as well as new, onsite

water facilities.

Responses Requested: Board of Supervisors and Building Department.

10

3. That water supply facility locations and details be established and made available to all

county fire agencies.

Response Requested: Building Department.

4. That the method of lease- purchase be reviewed by the County Board of Supervisors with

primary weight placed on the original purpose of improving emergency water supply

within the county, not necessarily early pay- off of debt.

Response Requested: Board of Supervisors.

5. That the needs of the Foothill Fire District be reevaluated by the Calaveras Fire Chiefs

Association, the OES Director, and the County Administrator as it relates to a new water

tender with respect to the rest of the county.

Responses Requested: Board of Supervisors and CFCA.

6. That accurate maps of districts and areas of protection be developed and made available

to all concerned organizations and citizens as requested.

Response Requested: Board of Supervisors.

7. That the existing internet map be updated.

Response Requested: Board of Supervisors.

8. That an internet address be established and published for each fire district.

Responses Requested: All fire districts.

9. That all Chiefs attend Calaveras County Fire Chiefs Association meetings on a regular

basis or send an alternate.

Responses Requested: All fire districts.

10. That every fire district develop a strategic operations plan and have it on file for

presentation to interested organizations, and that these plans be reviewed and updated

regularly.

Responses Requested: All fire districts.

11. That fire prevention booklets based on the Ebbetts Pass Fire District ( EPFD) booklets be

developed and made available to all citizens within Calaveras County.

Responses Requested: Board of Supervisors, all fire districts and all school districts.

12. That the EPFD coloring book ( Jasper  s) be made available to all first or second graders

within the county.

Responses Requested: Board of Supervisors, all fire districts and all school districts.

13. That the Local Agency Formation Committee ( LAFCO) consider consolidation of the

Angels Camp and Altaville- Melones Fire Districts.

11

Responses Requested: City of Angels Camp, LAFCO, Altaville- Melones Fire Distrct.

14. That the San Andreas Fire District consider the procurement of a ladder truck for the San

Andreas Fire District because of the height of some of the buildings for which they have

to provide firefighting services.

Response Requested: San Andreas Fire District.

Utility Districts

There was one complaint carried over from the previous jury. This complaint held that through

loans to the Utica Power Authority ( UPA) and placing CCWD Directors on the UPA Board of

Directors, that CCWD could take over UPA and fold it into the CCWD realm if UPA should

default, thus depriving shareholders of their financial position.

Throughout the early months of the present Grand Jury  s term, it became apparent that there

existed potential management and operating problems within the Calaveras County Water

District. Discussions with county employees and their leadership, with local newspaper editors

and managers, with members of the Grand Jury itself, and with the general population, led to the

initial suggestion that the Grand Jury ought to take a close look at the workings of CCWD  s

personnel and procedures. These discussions, taken as a whole, constituted enough of a question

to warrant an investigation as though formal written complaints had been received.

These perceived problems generally manifested into the following areas:

THAT CCWD HAD loaned money to other water districts and forgiven such loans at the

expense of people who had entrusted CCWD with proper use of monies obtained through

payment of water bills and fees.

THAT CCWD PLANNED to raise water rates to pay for certain operating activities within its

area of jurisdiction even though the present rates were already higher than either of the two

adjacent similar counties, and that it had used the money for purposes such as loans to other

water districts.

THAT CCWD HAS used entrusted citizen money to pay off claimants in lawsuits, and for legal

fees, in situations that probably could have been avoided.

THAT COVERAGE OF responsibility for providing water throughout the County was not in

keeping with the provisions of incorporation as established by agreements between Calaveras

County and the State of California in 1945- 1946.

THAT CCWD WAS heading into negotiations with a developer at considerably lower fees than

were afforded other developers of similar projects.

THAT ONE OR more members of the CCWD Board of Directors was abusing the per diem and

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mileage privileges uniquely afforded to the board.

With the seriousness of these allegations, individually and collectively, the Grand Jury undertook

an examination of elements of CCWD and its management.

Investigation

The Calaveras County Water District was formed in 1945- 1946 by certification of the State of

California after an overwhelming majority vote of the citizens of the county. Actually two votes

were taken at the same time, one for incorporated parts of the county ( only Angels Camp) and

another for all the unincorporated areas. Thus, as of November 5, 1946, CCWD became an

independent utility district and its Board of Directors was elected on that date with voting

districts synonymous with supervisorial districts. CCWD would operate with funds levied

directly from water users and also from property tax revenues collected by the county.

The following specific findings were derived from four direct meetings with extensive

questioning of the CCWD General Manager, one meeting with the Budget and Finance Manager,

several meetings with County Counsel who performed legal searches of California law

applicable to the questionable areas, two meetings with the District Attorney who performed

similar operations, and Grand Jury attendance at CCWD Board of Directors meetings.

Findings: Management of CCWD appears to be relatively efficient and capable in regard to

day- to- day operations, utilization of personnel and physical assets, and overall strategic planning

although it needs certain levels of improvement in the areas of long- range finance planning and

public relations.

Relative to the perceived problems as outlined above:

That CCWD had forgiven loans to other water districts. This impression is the result of the

County auditors using the term  defeasance  in their annual report which means to forgive a

loan, or to cancel it. In effect, those defeased loans were replaced by other loans more

advantageous to the owner of the loan. This is what happens when one refinances one  s home,

for example, to gain a better interest rate. The original loan was defeased.

That CCWD planned to raise water rates to pay for certain operating expenses. This situation is

true although the rate increase plan was submitted three years ago to be applied to operations as

then understood. The present power crisis in the state hit CCWD the same as it has everyone

else and that portion earmarked to pay for power inflated out of proportion to the rest of the

increase.

This money will be used for water and sewage operations.

That CCWD used entrusted money to pay off claimants. The situation wherein the claimant

sued the water district for damages due to changing hookup fees was unfortunate for everyone

concerned although apparently one or more other county government organizations were

13

involved in causing the significant fee changes. A settlement of $ 1.2 million which includes

legal fees, was negotiated out of court. The money came from general CCWD funds. This case

was an example of poor financial management and lack of sufficient written guidelines which

could be understood and utilized by all concerned. Two other similar payments were uncovered

during this investigation involving $ 20,000 and $ 50,000 losses.

That coverage of responsibility for providing water and sewage service was not in keeping with

original incorporation. The original agreement of Calaveras County with the State of California

specified that CCWD  s area of responsibility would extend to the exact limits of the county, less

the area of Angels Camp, which was a separate entity because of its incorporation status. To this

day, there exists as many as ten or twelve small water districts within the county which means

that CCWD has given up responsibility for those areas.

That CCWD was heading into negotiations with a developer for lower hookup fees. Discussions

with pertinent people within the county indicate that this is not an unusual situation in spite of

the fact that such transactions appear to have potentially deleterious impact on county and water

district budgets. If it had been decided by the water board that such a reduction was manageable

and was to the benefit of the citizens of Calaveras County, then CCWD was well within their

legal parameters to negotiate such a contract. The only requirement is that they apply those

same reductions to all similar projects in the future.

That one or more Directors are abusing per diem and mileage privileges. Expense sheets for

approximately the past two years were pulled from CCWD files for all Directors who served

during that time. It was found that questionable per diem and mileage charges were listed by

some Directors and paid for by CCWD. In accordance with advice given by the Grand Jury

legal advisor, the Grand Jury had several options. These included ( 1) legal action; ( 2) forced

payback of the monies involved; and ( 3) fix the system so that such questionable charges do not

occur in the future. Actions 1 and 2 might involve significant legal charges and therefore are

less appealing. Action 3 is the course recommended by the Grand Jury. This was discussed in

detail with the CCWD General Manager and he assured the Grand Jury that he would make

proper changes to the CCWD Policy Manual that would preclude similar charges in the future.

Regarding the written complaint pertaining to CCWD loaning money to the Utica Power

Authority, it is true that such a loan was made to help keep UPA afloat and that in exchange for

such a loan, CCWD was able to place two of its Directors on the UPA governing board. This

does not seem out of the ordinary because if UPA were to default, it could cause considerable

impact on power customers within the area. The point of the complainant is almost moot in that

UPA is now selling power outside the system due to the state power situation, and is making

considerable profit that was not expected several years ago.

Findings: The atmosphere surrounding CCWD is one of extreme distrust. CCWD appears

mostly at fault for creating this condition. Interviewees who spoke with the Grand Jury were so

disillusioned that they wanted the Grand Jury to go to the State Attorney General  s office for an

investigation of CCWD operations. They  saw  $ 12 million of water users  money given away

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to other water districts. Right or wrong, this is how they perceived the situation. Also, they

 saw  the results of a lawsuit in which their money was paid to satisfy a claim for a situation that

might not have been required. Right or wrong, this was their perception. Likewise, they see $ 4

million plus being offered to a developer and at the same time they see rising water rates. That is

also their perception, especially when they are confronted with skyrocketing costs of electricity,

gasoline and home heating. There was little in the Grand Jury investigation that showed where

management at CCWD understood these public concerns.

The public, however, is also partly to blame. Had they been truly concerned about giving away

$ 12 million, they would have come upon the term  defeasance  and a few simple questions to

appropriate people would have explained to them that no money was ever given away but that

older loans were replaced with newer loans, for whatever reasons. Similarly, they would have

come upon like solutions to the other so- called  give- aways  that the local newspapers and

public opinion were so quick to pick apart.

Perception of CCWD operations by the public will be very difficult to change. This perception,

in large part, is the result of news media reports, including editorials and letters to the editor.

Public criticism will not stop until the public becomes apprised of the bases for performing some

of the more costly transactions, in open meetings and in newspapers and flyers.

Recommendations:

Clarify to the public whether CCWD Directors who sit on the UPA Board are paid by both

agencies.

Response Requested: CCWD

Investigate whether a new power plant would be cost effective to produce power within

Calaveras County.

Responses Requested: CCWD and the Board of Supervisors

Upgrade/ revise the CCWD Board Policy Manual to preclude questions/ claims on per diem and

mileage as well as the need for necessary trips out of county.

Response Requested: CCWD

Devise realistic methods to improve general public perception of the operations and activities of

upper management of CCWD.

Response Requested: CCWD Board of Directors.

Devise an alternate review/ approval method of CCWD Board of Directors  expense sheets from

the present General Manager approval.

Response Requested: CCWD.

Clarify/ justify to the general public all significant financial transactions undertaken by the

CCWD Board of Directors.

Response Requested: CCWD.

15

Develop a program to provide a better understanding by the public of CCWD operations.

Response Requested: CCWD Board of Directors.

Clarify/ justify to the general public current and future water rates where such rates are higher

than adjacent counties.

Response Requested: CCWD.

16

GOVERNMENT AND ADMINISTRATION COMMITTEE

The Government and Administration Committee investigates complaints regarding the County

Administrative Office, the County Clerk, the Board of Supervisors, the City of Angels Camp,

and performs investigations, or reviews, assigned by the Grand Jury foreperson.

Complaints Received and Independent Reviews Conducted

There were six complaints assigned to the Government and Administration Committee and three

reviews were conducted.

A COMPLAINT WAS received purporting that the Board of Supervisors ( BOS), and the

Calaveras County Water District ( CCWD) failed to properly notify the public regarding clear cut

operations by the Sierra Pacific Industries ( SPI). Also, it was alleged that an improper

relationship existed between SPI and the District Three supervisor, and that CCWD received

benefits from SPI that affected their lack of reporting.

Investigation

Interviews were conducted with the supervisor of the county  s supervisorial District Three, the

General Manager of CCWD, and the editor of the local news media. The printed notice that was

posted by the BOS was reviewed, and the location for posting notices was looked at.

Findings: No violation of policy or procedure occurred, however, the size of the notice posted

and the inclusion amidst other notices may have given the impression that no notice was made or

that appropriate procedure was not followed.

Recommendations: The BOS and CCWD should review their respective procedures for posting

of notices when the issues can be expected to have an impact of particular interest to the public.

Responses Requested: CCWD and Board of Supervisors.

A COMPLAINT WAS received purporting that a conflict of interest existed with an Angels

Camp City Council member who was also serving on the State Agriculture Board for Calaveras

County ( Fair Board).

Investigation

Interviews were conducted with the City Clerk for Angels Camp and the County Fairgrounds

Manager. The opinions of the Attorney General of California on the issue were reviewed with

County Counsel.

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Findings: The City Council position was considered to have been vacated when the

appointment was made to the State Agriculture Board. The city council position was filled by a

new person at the next election.

Recommendations: None.

Response Requested: None.

A COMPLAINT WAS received purporting that a violation of  The Brown Act  had occurred

regarding action taken at a closed meeting of the City Council of Angel Camp.

Investigation

The agenda which had been posted, and the minutes of the meeting in question, were reviewed

with County Counsel.

Findings: It was determined that no violation had occurred.

Recommendations: None.

Response Requested: None.

A COMPLAINT WAS received purporting that a violation of the open meeting requirements of

 The Brown Act  had occurred at a closed session of the Council of Governments ( COG).

Investigation

The purported violation of the Brown Act was substantiated. Action taken by the COG during a

closed session was reviewed with the County Counsel.

Findings: A letter was sent to the COG citing the requirement for the action to have been at or

during an open meeting. Corrective action was taken at a subsequent open meeting of the COG.

Recommendations: None.

Response Requested: None.

A COMPLAINT WAS received purporting that a violation of closed meeting requirements of

 The Brown Act  had occurred at a Board of Directors meeting of the Jenny Lind Veterans

Memorial District ( JLVMD).

Investigation

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The minutes and the posted agenda for the meeting in question, as well as California

Government Code   54950 et. seq., were reviewed and discussed with County Counsel.

Findings: A technical violation had occurred regarding the posting of agendized items for

discussion and reporting back at an open meeting. No remedial action appeared to be necessary;

however, a letter regarding the complaint and the findings was sent to the Board of JLVMD.

Recommendations: The Board of Directors of the JLVMD obtain and review a copy of  The

Brown Act  Government Code  54950 et. seq.

Response Requested: JLVMD.

A COMPLAINT WAS received purporting a violation of  The Brown Act  and election

requirements by the City of Angels Camp.

Investigation

An interview was held at the City of Angels Camp with the Mayor, the City Clerk, the City

Administrator, a city council member and members of the Grand Jury. Related sections of

California Government Code  54950, CCRXIII et. seq. ( prop. 218) and CCR Art. XIIIA ( tax

code increases) were reviewed. The issues were discussed with County Counsel.

Findings: No violations were found to have occurred.

Recommendations: None.

Response Requested: None.

A REVIEW OF the Grand Jury  s independent auditors report and contract with the Grand Jury

was made. An interview with the auditors and the method and times of reporting was conducted.

Findings: The independent auditor had not complied with the requirements of the contract, i. e.,

consulting with the Grand Jury if alterations of the requirements was needed, reporting findings

to the Grand Jury, and completing the audit on time.

Recommendations: That the independent auditor comply with the procedures and timeliness of

the contract.

Response Requested: Independent Auditor.

A REVIEW OF the six veterans memorial districts in the county was conducted: Angels Camp,

Ebbetts Pass, Jenny Lind, Mokelumne Hill, San Andreas, and West Point. Five of the six are

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funded by taxes collected and distributed in accordance with the percent of the tax base and

allocated to each district based on assessed valuation and by a formula established at the time of

district formation when they were separated from the single County Veterans Memorial District.

The sixth District, San Andreas, does not receive tax- based funding.

Each of the six Districts was contacted in an effort to accumulate data.

Findings: Each of the Districts provide a facility for meetings of veterans groups, and some

provide additional facilities such as swimming pools and the operation thereof. Public parks or

outdoor recreation facilities and halls are also made available to the public. There has been, and

still remains, some question as to correct expenditure of memorial funds not associated with

actual veterans memorials or facilities for veterans. This remains to be resolved, perhaps with

the assistance of the State Attorney General. Some of the Districts did not file their audit and/ or

budget as required. It should also be noted that some other Special Districts did not file as

required.

Recommendations: That the Auditor/ Controller notify all Special Districts of the

responsibilities regarding filings of audits and budgets ( California Government Code  26909,

Title 3, Division 2, Part 3, Chapter 4, Art. 1). That the Auditor/ Controller take aggressive action

as needed to ensure required audits are conducted and filed as required.

Responses Requested: Auditor/ Controller and each Fire District.

A REVIEW OF the Angels Camp Police Department  s policies and procedures was conducted

and the Chief of the Angels Camp Police Department was interviewed. The police policy and

procedures manual was reviewed. Consultations were conducted with the County District

Attorney.

Findings: The police policy and procedures manual is in need of updating. No information was

determined to have been of a confidential nature. No specific policy designated a method for

maintaining or securing material collected, nor a system for continuity of evidence. No specific

policy addressed a method of maintaining a crime scene, or for the collection of forensic crime

scene materials, or the gathering of potential critical evidence, as in a death or other serious

crime. No policy addressed the procedure of when or if to call for technical assistance. No

written protocol has been completed regarding procedures coordinated with the District

Attorney  s office, as to specific procedures to follow in arrests made and time frames for

completed police reports sufficient to provide required information to file charges or

indictments.

Recommendations: That the City of Angels Camp oversee and ensure an adequate review and

update of the police policy and procedures manual. That a copy be maintained in the city offices

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as well as at the police department and made available for public review.

Response Requested: City of Angels Camp.

21

HUMAN SERVICES COMMITTEE

The Human Services Committee areas of responsibility include agencies which provide a wide

variety of health services through the Calaveras Health Services Agency to all residents of the

county. The agency department programs are organized into three major divisions: ( 1) alcohol

and drugs; ( 2) mental health; and ( 3) public health programs which provide an array of services

on behalf of federal, state, and local government.

Another area of responsibility includes the Calaveras Work Opportunity and Responsibility for

Kids ( WORKS) & Human Services Agency, which administers programs providing cash,

medical and food assistance, assessment and protection for children and adults and employment

programs which provide education, training, and job placement on behalf of federal, state, and

local government. Agency department programs are organized into five major divisions: ( 1)

income maintenance, ( 2) child- adult protective services, ( 3) aging and adult services including

veterans benefit services, ( 4) child welfare services, ( 5) probate conservator- public guardian

services, and ( 6) employment and training programs.

Environmental health programs comprise an additional area of responsibility. These programs

provide all health- related approvals and permits relating to land development ( e. g., well water,

septic and land use), consumer protection, i. e., food/ facility inspections/ permits, public pools,

small water systems, solid waste, food- borne illness investigation, and hazardous materials.

The Human Services Committee  s last area of responsibility is for public cemetery districts and

non- profit agencies. Public cemetery districts are formed pursuant to  889 et. seq. of the Health

and Safety Code. The districts are local agencies independent of the County of Calaveras and

are governed by their own boards of directors appointed by the County Board of Supervisors.

Public cemeteries that do not lie within a cemetery district are governed by the Board of

Supervisors ( Health and Safety  8131).

Complaints Received and Independent Reviews Conducted

A COMPLAINT WAS received alleging discrimination in management practices and policies in

low income senior housing complexes in Calaveras and Tuolumne Counties.

Investigation

An investigation was conducted pursuant to   933.1 and  933.6 of the Penal Code.

Investigative procedures included researching U. S. Dept. of Agriculture Codes governing rural

development and housing programs and telephone interviews with the housing complex property

management firm  s manager, property owners of the complex in question and the complainant.

Low income senior housing complexes are privately owned and subsidized under the category of

22

federally funded public assistance housing under a U. S. Dept. of Agriculture Rural Development

Program. Programs funded or subsidized by the federal government are bound by non-discrimination

provisions in law. The housing complex investigated has due process conditions,

housing policies and procedures specified as part of the lease agreements signed by and given to

all tenants prior to occupancy.

Findings: Compliance with these conditions by the housing complex is monitored on a

regularly recurring basis by the housing complex management firm through a contractual

agreement with the property owners.

Specific complaints concerning the housing complex in Calaveras County could not be

substantiated in fact. Complaints concerning housing agencies in Tuolumne County are not

within the purview of the Calaveras Grand Jury.

TWO COMPLAINTS WERE received from a former employee of two group homes for teenage

boys charging improper facility management practices, improper operations, policies and

resident abuse.

Investigation

An investigation was conducted pursuant to  925 and  933.6 of the Penal Code. Investigative

procedures included researching the California Code of Regulations governing group homes

licensure, telephone interviews with State of California Department of Social Services 

Community Care Licensing Division program analyst for group homes, and Calaveras County

Child Welfare Services Program manager.

Findings: The group homes in question are residential programs for treatment of boys with

severe behavioral problems. Group homes are licensed by the State of California, Department of

Social Services, Community Care Licensing Division. Complaints pertaining to facility

operations, environment, clients and/ or employees are under the jurisdiction of the state licensing

agency.

The group home accepts only placements of probation wards of the court. Placement can be

made only by a court of law in the state. The Calaveras County social service agencies,

including Child Protective Services, are not involved with placement or oversight of clients or

services in this particular facility. Following review of the research findings it was determined

that the topics of the complaint are not within the jurisdiction of the Calaveras County Grand

Jury, but rather with the appropriate state licensing agency. Hence, no further action was taken

in this matter.

Recommendations: None.

Response Requested: None.

A COMPLAINT WAS received from a resident of another county that her father, a resident of

23

Calaveras County, had been abused and his needs neglected by a worker of the Adult Protective

Services Unit of the Calaveras County Social Services Agency. She also charged that the

investigation of his case had been improperly handled, that theft of his finances and property by

his granddaughter and her boyfriend had occurred.

Investigation

An onsite investigation of the Adult Protection Services Unit of the Calaveras County Social

Services Agency was conducted by the Human Services Committee pursuant to   925 and 933.6

of the Penal Code. Agency operating policies and procedures and staffing were reviewed.

Additionally reviewed were applicable Welfare and Institutions Code  15610- 15766 and  5238

as well as Probate Code  2950- 2951.

On advice from counsel, agency staff declined to provide any case- specific information or permit

access to case files based on requirements in law for protecting client confidentiality. Agency

staff did respond to all inquires concerning Adult Protective Service Unit policies, procedures,

legal basis for required program operations and conformity with those requirements.

The County Social Services conducted a multi- level internal investigation into the allegations of

improper employee behavior and improper handling of the investigation. Investigative

methodology included face- to- face interviews with the complainant and accused agency

employees as well as review of case- specific management procedures and the case file. Findings

were reported as having insufficient basis in fact to substantiate the allegations.

The complaints were also investigated by the State of California Department of Social Services

which has county agency monitoring and oversight responsibility. A letter from the state agency

indicated a finding of lack of impropriety on the part of the county agency, the Adult Protective

Services Unit or employees.

Findings: The Grand Jury found no willful misconduct, malfeasance or neglect on the part of

the Adult Protective Services Unit. Related matters in litigation are not within the purview of

the Calaveras County Grand Jury.

Recommendations: None.

Response Requested: None.

REVIEW OF THE Human Resources Council, Inc.: There were no complaints pertaining to the

Human Resources Council ( HRC). Review of the agency was conducted pursuant to  933.6 of

the Penal Code. HRC is a private, non- profit agency providing community based social services

including child care resources, Calaveras Head Start/ State Preschool, Calaveras Women  s Crisis

Center, Child and Parent Services WIC, senior programs, and emergency food and shelter and

legal assistance.

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HRC programs are 87 percent state/ federal grant funded with some funding being passed through

the county to the HRC. State and federal governments audit each HRC program annually,

generating Management Letters with their findings and recommendations. The HRC is governed

by an eleven member board of directors representing local agencies, private business, the

community at large, and HRC clients. The agency  s annual operating budget, as of June 2000,

was $ 5.9 million. The agency has 100- 150 employees throughout its various programs as well as

a corps of volunteers. Statistics regarding the significantly large number of program client

contacts per year are included in the agency  s annual report, a public document.

Interviews with the HRC Executive Director and Board of Directors Chairperson were

conducted on a site visit to the agency. Agency brochures, annual reports, state Management

Letters, agency budget, personnel qualifications, and agency services/ programs were reviewed

and discussed.

The agency is housed in two buildings, each across a busy street from each other. The agency is

looking for a new location that will enable consolidation of administration and service offices in

one location. Currently, there are multiple telephone numbers to access the various agency

programs, a factor that causes confusion to the general public and/ or other agencies trying to

contact the HRC.

Recommendations: The Grand Jury supports consolidation of the HRC  s two offices into a

single location to promote efficiency in administration, ease of access, and a secure system for

confidential storage of agency records and client files into one location.

The Grand Jury recommends that the HRC convert to a single telephone number within twelve

( 12) months or sooner to facilitate ease of access to the agency by the community at large as well

as by other agencies for the conduct of agency business and would facilitate referrals through a

single point of contact.

Response Requested: Human Resources Council, Inc.

REVIEW OF PUBLIC Cemetery Districts: A review of the eight districts in the county was

conducted pursuant to  933.6 of the Penal Code. The review was conducted through a

questionnaire sent to each district. The questionnaire addressed governance and management

practices, budget and annual financial audit practices/ findings and identification of who has

control of expenditures, complaint procedures, cemetery district chain of command and reporting

procedures and documentation.

25

The eight public cemetery districts in the county include: Altaville, Copperopolis, Mokelumne

Hill, Murphies, Railroad Flat, San Andreas, Vallecito, and West Point.

All districts report annual financial and procedural auditing;

Annual budgets range from a low of $ 16,513 to a high of $ 46,620;

All districts report to the County Board of Supervisors, Auditor/ Controller  s office,

County Counsel as appropriate, and two districts identified reporting to the Grand Jury as

well;

All districts report their boards of directors and the county Board of Supervisors as

having control over district expenditures;

All districts have complaint procedures in place and reported few minor incidents of

vandalism during fiscal year 1999- 2000 and to date;

All districts meet at regular monthly or bi- monthly intervals; all maintain written minutes

of their meetings;

All board members are volunteers who are appointed by the County Board of

Supervisors.

Recommendations: None.

Response Requested: None.

REVIEW OF CALAVERAS WORKS and Human Services Agency: At the time of the review

of this agency there were no complaints pending. Review of the Calaveras WORKS and Human

Services Agency was conducted pursuant to  888.925 and  928 of the Penal Code. The agency

is administered by a director appointed by the County Board of Supervisors and employs a

variety of management and trained support staff.

An onsite agency review was conducted with the agency director, deputy director, program

managers and supervisors for Eligibility/ Employment Services, Adult Services, Office Services

and Account Clerk Services reporting to the agency  s fiscal supervisor.

Review methodology consisted of review and discussion of agency:

Mission statement;

26

Organizational structure;

Budget ( overall and by program);

Staffing pattern, minimum required qualifications for management, supervisory, and

support staff;

Staff orientation and training programs;

Overview of Agency programs, services, caseloads, operating policies and procedures,

including civil rights;

Most recent monitoring and compliance reports from all external federal and state

agencies as well as applicable internal monitoring and quality assurance reports; and ,

Interface with other federal/ state/ local agencies and service providers, i. e., Sheriff  s

Department, Human Resources Council, senior center, hospital, skilled nursing facility,

Calaveras Women  s Crisis Center, etcetera.

Apparent across all programs was the continuing increase in caseloads while staffing remains,

for the most part, static. This results in recurring backlogs in processing of applications/ requests

for services and increasing stress levels in staff who are already engaged in high- stress job

activities. In spite of this, federal/ state agency compliance reviews indicate  no major

deficiencies  . To its credit, the agency engages in ongoing training and cross- training of staff to

minimize impact on services to clients and other providers.

Recommendations: As the rate of growth in the county continues to increase ( 25% over the

past ten years) at a rate greater than Amador County for example ( 17%), increased demand for

social and welfare services on the currently stressed infrastructure will continue. These issues

need to be studied and addressed in the county  s future strategic planning.

Response Requested: County Board of Supervisors, CalWorks and Human Services Agency.

REVIEW OF THE Calaveras County Health Services Agency conducted pursuant to  888.925

and  928 of the Penal Code. The agency administers programs providing a complex array of

public health services on behalf of federal, state and local government to all residents of the

county through its three major divisions: ( 1) public health, ( 2) alcohol and drug and ( 3) mental

health. The agency is administered by a director appointed by the County Board of Supervisors

and by a variety of skilled medical professionals and trained support staff. A licensed physician

serves as the County Health Officer, a part- time contract position, to provide expert professional

assistance and medical advice for the implementation of the county  s public health programs as

required by the Health and Safety Code,   450, 470 et. seq. and Title 17 of the California Code

of Regulations.

Review methodology consisted of reviewing and discussing the agency  s:

27

Mission statement, goals and objectives;

Budget;

Contracts with providers the agency contracts with for specified services;

Staffing and staff qualifications;

Staff training and provisions for ongoing training and continuing education;

Overview of agency programs, services, caseloads, policies and procedures;

Monitoring and oversight activities, external ( state/ federal and independent agency)

audit, and internal program monitoring activities including County Mental Health

Utilization Review Plan, Mental Health Advisory Board meeting minutes, Calaveras

County Drinking Driver program site review by an external agency, and annual program

fiscal audits of the Public Health Department by an independent agency; and,

Interface and collaborative activities with state, federal and local agencies, i. e., Sheriff  s

Department staff health assessments and county jail health services oversight,

Environmental Health and joint jail inspections; HIV education and confidential testing

to jail inmates, technical support to the Human Resources Council related to specific

public health issues impacting adults, children and families, provision of immunization

clinics at multiple county locations to assure convenient access for citizens in all areas of

the county, and collaboration with Mark Twain St. Joseph  s Hospital in a proposal to aid

in the recruitment of skilled medical professionals to rural areas.

As with many other agencies, the Health Services Agency is plagued by a critical shortage of

skilled medical professionals and support staff in environments where the demand for services

continues to exceed supply of qualified staff to provide the services. This was well documented

in a recent article in the local paper ( Calaveras Enterprise, March 9, 2001,  County Mental

Health Department Stressed Out  ). Accordingly, the County Board of Supervisors has indicated

they would discuss the addition of staff positions recommended by the Mental Health Board as

part of the upcoming budget process.

Recommendations: The Health Services Agency conduct a staffing study of all of its

programs, if it has not recently done so, to document the impact that less than minimum staffing

levels has on its programs as well as on recipients of services in Calaveras County, document

recruitment efforts, and provide recommendations to the Board of Supervisors for additional

staff, targeted recruitment strategies, and/ or restructuring of existing programs as appropriate,

including specific justifications to be addressed in the county  s future strategic planning.

Responses Requested: The Health Services Agency and County Board of Supervisors.

28

LAW AND JUSTICE COMMITTEE

It is the responsibility of the Law and Justice Committee to inquire into any willful or corrupt

misconduct in office of public officers ( Penal Code  919c) and to selectively investigate and

report on the operations, accounts, and records of the officers, departments or functions of the

county ( Penal Code  925). The Law and Justice Committee is also required to inquire into the

conditions of public prisons within the county ( Penal Code  919b). With regard to citizen

complaints, the Grand Jury, and its Law and Justice Committee, has discretion in selecting the

direction of its investigations. Specific areas of concern are the office of County Counsel,

District Attorney, Jury Commissioner, as well as the Probation Department and the Public

Defender  s Office. Further within its jurisdiction are the areas of Animal Control, Juvenile

Affairs, the Coroner, the Sheriff  s Department, as well as the Angels Camp Police Department

and the public administrator. Lastly, the Law and Justice Committee would be the committee to

investigate the Grand Jury if such action is deemed necessary. During this Grand Jury  s tenure,

the Law and Justice Committee reviewed and investigated a number of citizen complaints. Some

complaints were not further investigated because other county departments were pursuing

parallel investigations. The single complaint resolution included in this final report pertains to

allegations directed against the District Attorney.

Complaints Received and Independent Reviews Conducted

HANDLING OF PROSECUTIONS by the District Attorney  s Office: This report is rendered in

reference to the recommendations made by the outgoing 1999/ 2000 Grand Jury that this Grand

Jury is to investigate and report. The then sitting Grand Jury received these concerns too late in

its term to allow proper investigation. The concerns listed were that criminal charges are often

not brought against persons arrested by law enforcement, and the extent to which charges, when

brought, are substantially reduced in plea bargains.

Findings: The primary law enforcement agencies in Calaveras County are the County Sheriff  s

Department, the City of Angels Camp Police Department and the California Highway Patrol.

Depending on the scope of the crime, these agencies can be augmented by, or subordinated to,

state or federal investigative entities. The power of the District Attorney to charge and prosecute

criminal offenses is expressly established for and exclusive to that office. To assist the District

Attorney  s Office in the execution of its mission, its staff includes investigative personnel to be

utilized by the District Attorney as needed. The quality of an investigation, the subsequent

written report, and the timeliness of this procedure will allow the District Attorney  s office to

make a determination as to whether or not to proceed with its mission to prosecute individuals

accused of criminal conduct. Based on interviews with the Sheriff  s Office and District

Attorney, a procedure has been established whereby incomplete, misleading or grammatically

incorrect reports can be returned to the originating agency for correction, additional information,

and/ or clarification. For this purpose, a form has been designed and was agreed upon by the

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District Attorney and the County Sheriff, whereby the District Attorney  s Office can ask the

originating agency for additional input.

Conclusions: In order for the District Attorney to maintain the independence of his office, his

discretionary power to charge and prosecute cannot be usurped.

Recommendations:

All reports submitted to the District Attorney, by all law enforcement agencies active in

Calaveras county, be thoroughly checked by experienced senior supervisors, and if need be,

refresher courses be conducted to enhance the qualify of law enforcement report writing skills.

The District Attorney  s Office is urged to make use of the established and long- existing channels

of communication with the appropriate law enforcement agencies to obtain all needed

information.

Response Requested: None.

ANIMAL CONTROL SHELTER review: The Calaveras County Animal Control Shelter falls

within the jurisdiction of the Agriculture and Environmental Management Agency. The

Agricultural Commissioner oversees the day- by- day activities of the Animal Shelter. The

Shelter has been an ongoing issue with Grand Juries in the past and entries in final reports have

been found as far back as 1986/ 1987. The visit by the present Grand Jury was prompted by last

year  s Grand Jury Final Report showing concern over building conditions, daily cleaning,

inadequate drainage systems and the state of general maintenance. The observations and

recommendations of the 1999/ 2000 Grand Jury did not have an impact on the decisions of the

Board of Supervisors and only minor improvements were considered and authorized. The major

problems of insufficient insulation, a proper drainage system for each cage, and inadequate

lighting were not addressed.

Findings: The Grand Jury made an unannounced visit to the Animal Shelter in September 2000.

The Grand Jury continues to be very concerned about the general conditions of the shelter and

the humane treatment of the animals held there. It appears that the county is wasting money by

making piecemeal improvements to the existing facility. The entire facility is outdated, too

small, and inadequately equipped. The facility consists of a concrete block building which has

long outlived its usefulness. This building has been added onto several times and still is

considered to be inadequate for the needs of efficient shelter operations. A modular building

was installed last year on the site which houses the office staff.

The Grand Jury found cage enclosures that allow cats to climb the cage wire walls and escape

behind the insulation which is subsequently torn down to free the animals and not properly

replaced. The lighting was found to be inadequate and appeared to be poorly installed. Cracks

were found in the concrete flooring, particularly around the cage posts. These cracks will not

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allow proper cleaning and disinfection of the cages with either brush, broom or water hose.

Outbreaks of diseases like Parvo and Corona cannot be prevented if the infectious material is

allowed to remain in those cracks. Some drop- off cages were added last year; however, the

required isolation of surrendered animals is inadequate as there are not enough isolation cages

available. It was also noted that the isolation cages so designated are not properly designed to

prevent contact between newly surrendered and other shelter animals before they are examined

for diseases. Overcrowding is another unresolved issue. In February, 2001, 35 dogs were

euthanized in one day because of overcrowding.

The Grand Jury visited the Tuolumne County Animal Shelter which was built with the help of

the Humane Society. The Tuolumne facility was found to be exemplary. Amador County is in

the process of planning a new facility as is the community of Ceres in Stanislaus County.

Sacramento County is planning to spend $ 1 million on improvements to their present shelter.

Veterinarians from the Angels Camp Veterinary Hospital, who are contracted to assist with

animal examinations on an ongoing basis and have had an opportunity to observe shelter

operations first- hand have, on several occasions gone before the Board of Supervisors and

discussed the inhumane conditions of the animal shelter. All of these efforts have been to no

avail.

Conclusions: The Calaveras County Animal Shelter should be considered a disgrace to the

county. The conditions found reflect years of neglect. It is recognized that monetary

considerations are the major obstacle to desired changes. The present director of the facility is

overtasked, not due to lack of skill, but because he is in charge of many other management

aspects in his position as Agricultural and Environmental Management Agency Commissioner.

The rebuilding of a new facility in its present location is not considered to be a viable option

because of its proximity to existing and planned housing communities. A planning committee

should look into hiring a consulting firm to assure that all aspects of proper healthcare, disease

control, noise pollution, and the prevention of human contact with diseased animals are

considered. Only after such a study has been made, can the money question be raised and

discussed.

The Grand Jury would like to express its gratitude for the generous contribution of information,

time and effort on the part of all individuals and agencies contacted in the pursuit of this review.

In particular, our thanks go to the Angels Camp Veterinary Hospital, Calaveras Veterinary

Hospital, San Andreas, the Calaveras Humane Society, the Tuolumne County Animal Control

Facility, Jamestown, and the Deputy Director of the Environmental Health Department, Amador

County.

Recommendations:

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Calaveras County should aggressively pursue the issue of a new animal control shelter.

A full- time position should be created and staffed with an individual who will coordinate,

oversee and be responsible for the whole project of planning, building and subsequently

overseeing the daily operations of the shelter.

Cooperation with the Humane Society and its local representative as well as the State Humane

Association and the Humane Society of America may aid in obtaining the funds needed to build

a new facility.

All sources of revenues should be considered in obtaining funding for a new shelter.

The Grand Jury strongly recommends the Board of Supervisors to give a new animal facility top

priority in their budget considerations for the next fiscal year and beyond.

Responses Requested: Board of Supervisors, Director of Animal Control

REVIEW OF THE Calaveras County Jail: The Grand Jury is directed by Penal Code  919 to

inquire into the conditions and management of the public prisons within the county. The

Calaveras County Jail is the only jail facility in the county. On October 17th, 2000, ten members

of the Calaveras County Grand Jury conducted an announced visit to the facility. Investigation

procedures consisted of interviews with prison staff, review of documents, and observations by

Grand Jury members. The Sheriff, Undersheriff, Jail Commander, and a sergeant provided the

majority of the information collected.

Findings: The jail was built in 1963. Several additions and remodels have taken place, the

latest in 1999 when four high security cells were added. The capacity of the jail is 65 inmates,

including nine spaces for female prisoners. At the time of our visit the inmate count was 34.

Most of the inmates are in the facility for pre- trial confinement. Length of stay is anywhere from

six hours to over one year, the latter being those persons sentenced to a term at the county jail as

opposed to those sentenced to serve time at a state prison. Full complement of custody staff is

17 and non- custody staff is two who are employed in food service operations. Usually, the

facility is staffed with four custody staff per shift and with two per graveyard shift. Additional

staff is brought in on visiting days and on those weekends when concerts and special events may

cause an influx in bookings. There are no accommodations available to hold or house juvenile

offenders. An arrangement with San Joaquin County allows three juvenile offenders to be held

in that county  s juvenile detention facility.

There is no commissary available to the prisoners. Inmates order in writing and a vendor brings

the items ordered. The items are checked prior to release of the merchandise to the prisoner.

Prisoner  s funds are safeguarded and cannot be spent at their discretion other than through the

vendor system. The library is well stocked and includes an up- to- date law section. Medical care

is provided five times per week by personnel from the California Forensic Medical Group. If

needed, a medical doctor is available. Emergency care can be obtained via Mark Twain St.

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Joseph  s hospital, about one- quarter mile from the jail location. Persons with developmental

disabilities or pre- existing disorders of cognitive impairment as well as any other mental

disorders are difficult to recognize and correctional officers as well as deputy sheriffs have not

received any formal training to recognize signs and symptoms or distinguish any behavioral

manifestation of these mental or medical conditions. Pending legislation and subsequent

implementation of training on these subjects appears to be months away. The county mental

health department coordinates with the sheriff  s office on mental health issues.

Food service operation appears to be exemplary. A spotless kitchen and a well- designed menu

have received many accolades from similar operations in neighboring counties. Inmate workers

are being utilized in the kitchen area and for maintenance and cleaning of police vehicles. All

correctional officers and their supervisors have completed their annually required training. The

custody personnel consists of male and female correctional officers.

Physical layout of the jail is not advantageous for good visual observation of cells, hallways and

the high security area. The only parts of the jail readily visible from the control room are the

booking area, the single detoxification cell, the holding cell and the padded cell for violent

offenders. Video cameras are positioned to feed visual information to the control room. In

camera view are hallways, doors and the rear outdoor area where inmate workers are cleaning

police vehicles. This area is unsecured. The whole jail is considered to be inadequate under

state- of- the- art requirements for this type of correctional facility. Plans for a new jail are

underway. A needs assessment is being conducted by the sheriff and the Vancer Engineering

firm. Cost of the new facility is estimated to be approximately $ 12 to $ 15 million. Seventy to

eighty percent of the needed funding appears to be already secured. The Board of Corrections of

the State of California makes periodic inspections and issues inspection reports. The last

 Calaveras County Jail 1998- 2000 Biennial Inspection Report  is dated June 2, 2000, and lists as

the only noncompliance item the absence of an additional detoxification cell to allow separation

of intoxicated individuals from the general jail population. The inspection report states that it

found the Calaveras County Jail to be very clean and well maintained.

Recommendations:

Plans for a new county jail should be vigorously pursued. Any such plans should include the

necessary accommodations for juvenile offenders.

The open and unsecured area behind the present facility should be fenced in to allow proper

monitoring of inmate worker activities.

At least one additional detoxification cell should be added to the present cells which can be

readily observed from the control room.

Responses Requested: County Sheriff, Jail Commander and Board of Supervisors.

APPEARANCE OF THE District Attorney before the Grand Jury: The Calaveras County

District Attorney was invited to appear before the Grand Jury and to provide general information

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on the accomplishments, shortcomings, and ongoing matters of concern facing the day- to- day

operations of the District Attorney  s Office. Some of the items discussed fall within the

jurisdiction of other committees and will be discussed in their respective segments of this Final

Report.

Findings: A recurring concern is the method, or lack thereof, regarding the timely and complete

exchange of information among the various city, county and state agencies concerned with

actions necessitated by incidents of murder, other violent crimes, alleged suicides and other

felonies which require immediate notification of the District Attorney. While the law

enforcement agencies of the county may not make the initial discovery of such crimes, they,

nevertheless, are the first qualified agency to initiate action and are the best equipped to make

the necessary, required and agreed upon notifications of all county, state, and if need be, federal

agencies. Less than timely notification of the District Attorney  s Office puts an inordinate

amount of pressure on the evidence collection capability of the District Attorney whose agency

is required to make a decision within 48 hours whether or not to charge an alleged perpetrator

with a crime. The lack of locally available medical examiners and forensic experts add to the

pressure exerted on the District Attorney  s office to make decisions which may set an alleged

criminal free or which may place such individual in pre- trial confinement.

Conclusions: While Calaveras County is fortunately not a location where capital crimes are

running rampant, it should, nevertheless, have an arrangement in place whereby all responsible

agencies are immediately notified when such notification would allow for better utilization of

available time within the directed time constraints. Today  s communication methods are

certainly able to provide a tool which would lend itself toward that goal. It is certainly better to

make that extra call, even when not directed or required, than to postpone, delay or omit

notifying concerned agencies thereby impeding orderly process.

Recommendations: That a dedicated cell phone be made available to a designated  on call 

individual in the District Attorney  s Office.

The cell phone number should be disseminated to the sheriff  s office, the Angels Camp Police

Department, the California Highway Patrol and any other city, county or state agency which

conceivably may encounter reportable offenses during the performance of their daily work.

A protocol or operations manual should be made available to the person designated to be  on

call  . Such manual should contain all necessary contact names and numbers to allow the process

of evidence collection to proceed in a timely manner and thus allow the District Attorney to

make a decision whether an alleged perpetrator is allowed to be released or held for pre- trial

confinement.

As a matter of choice and at the discretion of the District Attorney, such instructional manual

could contain other required or desired items of interest to be collected or chores to be performed

by the  on call  designee immediately after he or she receives the initial notification.

Responses Requested: District Attorney, County Sheriff, Angels Camp Chief of Police

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ALLEGATIONS OF MISCONDUCT by the Calaveras County District Attorney: A citizen

complaint dated November 30, 2000, was directed against the Calaveras County District

Attorney. The complaint contained allegations of misconduct, malfeasance and nonfeasance and

the matter was further investigated and the findings were reviewed.

Findings: After additional information was obtained from the complainant, no misconduct,

malfeasance, nonfeasance or negligence on the part of the District Attorney was found.

Accordingly, the Grand Jury is taking no further action in this matter.

Conclusions: The Grand Jury, after diligent consideration of all aspects surrounding this

complaint, concludes that a person  s grievance about irregularities in court proceedings or

erroneous actions by officers of the court is limited to remedial procedures within the court

system. Further, remedy lies in the electoral process through which an elected official  s

judgment of actions will be considered by the voters.

Recommendations: None.

Response Requested: None.

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PLANNING AND ENVIRONMENT

The areas of responsibility of the Planning and Environment Committee include the Planning

Department, Building Department, Agricultural Commissioner, Emergency Services, Public

Works/ Solid Waste, Airport/ Industrial Development, Reclamation Districts, and Local Agency

Formation ( LAFCO).

Complaints Received and Independent Reviews Conducted

CONSTRUCTION IN COUNTY offices: It was purported that a modification in a county

government office was made without a permit or building inspection.

Investigation

Interviews were conducted with department heads of the District Attorney  s Office, the Building

Department, County Administrator, as well as the Deputy District Attorney. An onsite

inspection of the construction was made.

Findings: Although proper procedures weren  t followed at the start of construction, department

heads stepped in to ensure plans, permits and the bidding process were following.

Conclusions: Construction projects should not be overseen or undertaken by individual

departments or their employees.

Recommendations: These endeavors should follow proper procedure, by drawing plans,

bidding, and hiring a qualified person to oversee construction. Building officials should make

every effort to ensure that county departments obtain proper permits before beginning any

reconstruction project.

Responses Requested: Building Department, County Administrator.