HomeMy WebLinkAboutMINUTES - 08131991 - IO.1 VO: ~ t BOARD OF SUPERVISORS �"s'
Contra
Internal Operations Committee s
FROM:' n,r lie Costa
County
DATE:
August 12, 1991
SUBJECT. Proposed Response to the 1990-91 Grand Jury Final Report
SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION
RECOMMENDATIONS
1. Adopt this report of our Committee as the Board of Supervisors' response to
the 1990-91 Grand Jury Final Report.
2. Remove this item as a referral to our Committee.
BACKGROUND
On June 28, 1991 the 1990-91 Grand Jury submitted its final report. Individual
reports, released earlier, had been routinely referred to the Internal Operations
Committee. On August 12, 1991 our Committee met to discuss the recommendations
and review proposed responses. At the conclusion of these discussions we prepared
the attached response utilizing a format suggested by the Grand Jury which
requested that responses clearly specify:
A. Whether the recommendation is accepted for prompt or delayed implementation
or with modifications, or not accepted.
B. If accepted for implementation, when the recommendation will be implemented
and by whom.
C. If not accepted or accepted for delayed implementation and/or with
modifications, the reasons therefor.
Responses to Grand Jury recommendations will follow this format as closely as
possible.
CONTINUED ON ATTACHMENT: X YES SIGNATURE:
RECOMMENDATION OF COUA T R RECOMMENDATION OF BOARD COMMITTEE
APPROVE O
SIGNATURES: oder Supervisor S. W. McPeak
ACTION OF BOARD O 3 f APPROVED AS RECOMMENDED _A OTHER )e
Supervisor Schroder moved to adopt the Committee report as the Board of Supervisors' response
to the 1990-91 Grand Jury Final Report. Supervisor McPeak advised that she would not second
the motion, nor would she sign the Committee Report in that it not contain some additional
specific information that she understood would be included. She suggested that the Labor
Management Committee be invited to provide input. The motion to adopt the report was seconded
by Supervisor Torlakson. Jim Hicks of AFSCME commended the Personnel Department for their
handling of the health plan. Supervisor McPeak voted against the motion. Supervisor Fanden
was absent.
Supervisor McPeak then moved that the Labor Management Committee be invited to submit to the
Board any additional information that they want the Board, as a matter of record, to receive.
The vote was unanimous.
VOTE OF SUPERVISORS
I HEREBY CERTIFY THAT THIS IS A TRUE
UNANIMOUS(ABSENT AND CORRECT COPY OF AN ACTION TAKEN
AYES: -rT,.'7 -t j NOES' AND ENTERED ON THE MINUTES OF THE BOARD
ABSENT: ABSTAIN: OF SUPERVISORS ON THE DATE SHOWN.
cc: The Honorable Edward Merril., ATTESTED 3
Superior Court Judge PHIL BATCHELO ,CLERK OF THE BOARD OF
Grand Jury Foreman SUPERVISORS AND COUNTY ADMINISTRATOR
County Administrator --
Affected Departments via CAO
BY DEPUTY
M382 (10/88)
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AUDIT OF THE CONTRA COSTA COUNTY FINANCIAL.STATBMEM FOR THR FISCAL YEAR ENDING
JUNE 30, 1990 - REPORT 9113 - PAGE 12
Recommendation No. 1
The County Administrator continue to place heavy emphasis on monitoring external
funding conditions, including the state of the economy and State and Federal
budget processes.
Response
A. This recommendation is accepted for prompt implementation.
B. The County Administrator will continue to monitor funding conditions,
including desired or proposed legislative action, as well as drawing on the
resources of the Auditor, Assessor, Treasurer-Tax Collector and outside
consultants. This year Supervisor McPeak represented the County Supervisors
Association of California at the invitation of the Governor and legislative
leadership in policy-making meetings regarding restructuring and financing
programs administered by counties.
Recommendation No. 2
The County Board of Supervisors adopt "worst case" budgets going into a fiscal
year and modify them once State and Federal funding is known.
Response
A. This recommendation is accepted with modifications.
B. The Board understands the concept but feels such a practice would cause undue
concern, disruption and stress among not only County departments, but
citizens who depend on our programs and services. Historically, the State
budget is adopted in July. The Board, this year, adopted a "phased" budget,
with program and service reduction dependent upon the severity of funding
allocations.
Recommendation No. 3
The County Board of Supervisors educate County employees and residents about the
nature of their budgetary difficulties and provide publicized updates on financial
developments that impact the County's budget and the ability to provide services
expected from the County. Such explanations should be provided at least
semi-annually and should be designed to increase the public's knowledge and
awareness of the costs of public services and how they are funded.
Response
A. This recommendation has been implemented.
B. The Board will continue to expand and enhance its opportunities to inform
employees and the public on the financial condition of the County and the
budget's impact on programs and services. The current practice of quarterly
reports on the budget, attendance at community meetings and town hall
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meetings, speeches before service organizations, Finance Committee meetings
"letters to the editor," and press conferences and releases concerning
budgets and financing will be continued. Members of the Board and County
staff will continue to make themselves available for presentations to the
citizens and encourage public discussion on this important issue.
Recommendation No. 4
The Risk Management Department continually evaluate the accuracy and reliability
of its probable future liability forecasting or projection methods and provide the
County Administrator, the Auditor-Controller and the Board of Supervisors
assessments of the reliability of cash flow projections which may be used or
provided.
A. This recommendation is accepted for prompt implementation.
B. Risk Management will continue to conduct annual actuarial studies of the
self-funded programs to determine the present and future liabilities of those
programs. Based on the actuarial projections and Risk Management's ongoing
evaluation of liability, recommendations for funding the programs are made
prior to each fiscal year. Those recommended funding levels are provided to
the County Administrator, the Auditor-Controller, and finally to the Board of
Supervisors.
Recommendation No. 5
The County Auditor-Controller consult and collaborate with the County
Administrator to determine the accounting and financial management needs of Contra
Costa County for at least the next ten years and design a financial management
system and structure for the County Government which will best fulfill those
needs.
Response
A. ' This recommendation is accepted for prompt implementation.
B. Shortly after assuming office in January 1991 the Auditor-Controller met with
the County Administrator and presented a personnel reorganization plan for
the department. This plan addressed the immediate needs of the department
resulting from a number of key retirements; in addition, it realigned duties
and responsibilities to acknowledge the changing financial environment of the
County in the 1990's. The plan was approved and is fully implemented.
Recommendation No. 6
The County Auditor-Controller broaden the scope of internal audits to include
in-depth financial and management audits of County departments and offices and
Administrator to form multi-functional audit teams to conduct these audits.
Response
A. This recommendation is accepted with modifications.
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Various California State statutes require or authorize the Auditor-Controller
to perform audits of the accounts and records of specific County departments,
offices and activities. To carry out these mandates, the audits performed by
the Auditor-Controller's staff have traditionally been financial audits.
There may be some merit to the second part of this recommendation: The
concept of borrowing functional specialists from other departments could be
difficult to implement due to workload requirements in the specialists' own
departments. The alternative, employing full-time auditors with various
backgrounds and expertise, is not feasible at this time due to funding
limitations. However, the Board intends to request the County Administrator
to work jointly with the Auditor on projects determined to be beneficial.
This has been successful in the past with the Auditor's staff providing the
financial study and the Administrator's staff providing the management review
portion of the audit.
Recommendation No. 7
The County Auditor-Controller coordinate with the County Administrator to
determine:
- The optimum cycle for completing thorough financial-management audits of all
County departments and agencies.
- The scope of audits to be conducted each year.
- The scheduling of organizations to be audited.
Determination of the scope of audits should be preceded by an evaluation of the
overall internal control/management control environment and structure that
currently exists in the Contra Costa County government organization.
Response
A. This recommendation is accepted with modifications.
B. The Auditor-Controller welcomes input from the County Administrator regarding
the scope and nature of the internal auditing program. In fact, they have
always considered, and generally have responded to, requests from the CAO and
various County departments for audits of particular areas or programs.
However, two points must be clearly understood. First, the ultimate
responsibility for the auditing program, including its scope and direction,
must remain with the Auditor-Controller. Second, it is essential that the
independence of the auditing function. be maintained.
Recommendation No. 8
The County Board of Supervisors establish a procedure that assures that the head
of the internal audit unit has direct access to the Supervisors whenever he or she
deems it necessary. This is in lieu of the formal reporting structure the Auditor
recommends.
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CONTRA CAST& COUNTY'S EHMDYE6 NOICAL BENEFIT PLANS - REPORT 9107 - PAGE 36
Introduction
The issues and circumstances surrounding the development, implementation and
management of the 1st Choice Health Plan represent many of the difficult facets of
health care management.
To ensure the 1st Choice Medical Plan is viable, the County has implemented the
following measures:
1. An Oversight Committee of County managers was formed in October, 1989 to
examine the management of the plan, and it requested an independent audit.
2. An outside audit of the plan was conducted in 1990 by the benefit
consulting firm of TPF&C.
3. The District Attorney was asked by the County Administrator to investigate
any audit results or other matters which, in the District Attorney's opinion,
might be appropriate.
4. Labor has been actively involved on several labor/management committees which
reviewed the audit findings and participated in making recommendations and
implementing actions which included:
a. Selecting the Martin Segal Company effective May 1, 1991 as the
consultant on a two-year contract at $35,000 for the first year and
$28,000 for the second year.
b. Reviewing the need for stop-loss insurance and purchasing stop-loss at
a $250,000 attachment point effective April 1, 1991 at an annual
estimated cost of $65,000.
C. Recommending transfer of the prescription/drug program from the Claims
Administrator to Pharmaceutical Care Network (PCN).
d. Serving on a joint labor/management committee that is developing a
labor-management trust to manage the 1st Choice Health Plan.
e. Approving a Request for Proposal sent out on July 30, 1991 for Claims
Administrator.
5. At the direction of the County Administrator, Consulting services provided by
Optima Financial were terminated January 1, 1991 by the Personnel Director.
6. The Board amended the agreement with Stateco and the claims administration
fee of 7 1/2% of paid claims was reduced to 6% of paid claims effective
January 1, 1991, and further reduced and changed to $13.77 per enrollee
effective July 1, 1991.
7. The County Administrator recommended and the Board directed that
responsibility for management of the 1st Choice Health Plan be transferred
from the Personnel Department to the Risk Management Division in the County
Administrator's Office effective January 15, 1991.
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8. Reserves at the end of July, 1991 were at $2,146,741. This is 116% of funds
needed to cover incurred but not reported claims. These funds can also cover
claim fluctuations and contingencies for losses.
Finding Nos. 1-4
Summary of medical benefit policy in effect at time of Blue Cross cancellation.
Response
A. Concur with findings.
Finding No. 5
The County did not have in place any contingency plan for replacing Blue Cross.
Response
A. While it is difficult to plan for all contingencies, the County had
anticipated a need to locate a replacement for its medical indemnity plan.
As early as 1985, meetings were held with Ted Wilkes of MONY (Mutual of New
York), Chuck Madsen of AETNA and Doc Holladay of Prudential to discuss
alternative indemnified health plans.
Finding No. 6
Personnel Department had responsibility for medical insurance programs.
Response
A. Responsibility for the Medical Insurance Programs was transferred on January
15, 1991 to the Risk Management Division in the County Administrator's
Office.
Finding No.7
Incomplete records.
Response
A. All available records were submitted to the Grand Jury.
Finding Nos. 8-14
Selection of consultant; Efforts to purchase insured plan; Decision to establish
self-insured plan; RFP's sent to seven firms; Self-insured plan based on Santa
Clara County plan, Stateco paid 9% of claims paid with 1 1/2% transferred to
consultant by Stateco; Stop-loss insurance.
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Response
A. Concur with findings.
Finding No. 15
Level of plan benefits.
Response
A. The Grand Jury Report incorrectly stated the Santa Clara plan pays 80% of PPO
charges. The 1st Choice Plan and Santa Clara County Plans each pay 100% to
PPO providers and 80% to non-PPO providers. One difference between these two
plans is a deductible of $100 annually on the PPO side in the Santa Clara
County Plan which was not agreed upon.
Finding No. 16
Number of plan enrollees/participants and claims payments.
Response
A. The Grand Jury Report mixes numbers of enrollees and participants. The
number of plan enrollees as of January 1 of each year was:
Year: 1/1/88 1/1/89 1/1/90 1/1/91
Enrollees: 703 1,658 1,958 2,773
Finding No. 17
Decisions which cost $1.25 million more than necessary.
a. Decision to pay consultant 1.5% of claims paid.
Response
Compensation of $44,611 paid to Optima Financial for the first year of the
Plan (1988) and second year (1989) of $71,149 was fair given the size,
circumstances and requirements of a new plan.
b. The decision to pay the administrator a net fee of 7.5% of claims paid.
Response
The fee of 7.5% of claims paid for a new plan with only 600 members was not
improper, given the start-up costs to service a new plan and the costs
associated with the limited enrollment and demographics of the group. Growth
was steady but gradual over the first two years until March 1990 when over
700 Heals members enrolled.
The fee of 7 1/2% of paid claims was renegotiated and reduced to 6% of
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the County should be provided with viable health insurance in their
retirement years.
Conclusion No. 6
Failure to audit the administrator and adjust fees.
Response
An audit was conducted in the third year of the program, and fees were reduced
January 1, 1991 and again July 1, 1991.
Conclusion No. 7
Increases in salaries and benefit subsidies not negotiated as a single issue.
Response
A. Salaries and benefits are typically negotiated as a package in general
negotiations. Because the cancellation by Blue Cross took place at a time
all employee organizations were under contract, the 1st Choice plan was
negotiated as a separate issue.
Recommendation No. 1
The County Administrator conduct a rigorous evaluation of the competency of the
Personnel Department's management and the soundness of its operating practices.
Response
A. This recommendation is accepted for prompt implementation.
B. The County Administrator will be conducting an evaluation of the Personnel
Department during FY 1991-92 as well as all other County departments.
Recommendation No. 2
The Board of Supervisors clarify the distinction between a consultant--an expert
retained to recommend a course of action--and a specialist who is contracted with
to provide operational services, and to establish a firm policy regarding the
selection and compensation of consultants.
Response
A. This recommendation is accepted.
B. It is difficult to clarify the distinction between a consultant and
specialist because the roles of each tend to overlap and merge on a
functional basis and because they work in a free market. .
The County Ordinance Code adopted by the Board of Supervisors contains a
i purchasing ordinance under Title 11 which establishes guidelines and limits
on the hiring of consultants. In addition the Board adopted in 1988 a
Minority and Women's Business Enterprise Policy that sets goals for personal
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service contractors and consultants. The policy further requires a "good
faith effort" by a prospective contractor or consultant to achieve these
goals prior to being awarded a bid.
The policy of the Board of Supervisors requires that consultant contracts
over $25,000 be approved by the Board of Supervisors and contracts under
$25,000 be prudently negotiated by individual departments. We are directing
the County Administrator to follow-up with all departments to ensure
compliance with the policy on selection and compensation of consultants.
Recommendation No. 3
The Board of Supervisors review the County's compensation practices and establish
policies that ensure that benefit cost adjustments are negotiated as part of total
compensation adjustments and not considered a separate issue.
Response
A. This recommendation is accepted for prompt implementation.
B. This recommendation reflects existing County policy and was deviated from in
this case due to the Blue Cross cancellation in the middle of existing MOU's.
Recommendation No. 4
The Board of Supervisors, in no event, enter into any agreement obligating the
County to pay on a continuing basis any fixed percentage of benefit costs.
Response
A. Recommendation is accepted with modifications.
B. We agree that general policy should include such a provision; subject to
adjustment if determined by the Board of Supervisors that it would clearly be
to the advantage of the County to do otherwise.
Recommendation No. 5
The Board of Supervisors adopt a policy that will lead to greater uniformity and
equity in County subsidization of employee medical insurance premiums.
Response
A. Recommendation is accepted with modifications.
B. We are directing the County Administrator to include as a goal in labor
negotiations the equalization of County payments for medical benefits and to
explore cost containment measures while providing a viable medical indemnity
plan for County employees and retirees.
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PAID TRAVEL TO AND FROM WORK FOR SELECTED PERSONNEL - REPORT .9105 - PAGE 44
Recommendation No. 1
The Board of Supervisors rescind its order to pay a mileage allowance to selected
individuals for commuting to and from work.
Response
A. This recommendation is accepted for prompt implementation.
B. The Board agreed to rescind this order. Formal action will be taken August
12, 1991.
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AF FIRNAT1yE ACTION IN THE 001WY SHERIFF'S DEPARTMENT - REPORT 9111 - PAGE 51
Recommendation No. 1
The Contra Costa County Sheriff establish and implement a program which will
result in the Department fulfilling its affirmative action obligations for hiring
and promoting minorities within the priod of five years.
Response
A. This report is accepted for prompt implementation.
B. The Sheriff feels the best plan for promoting additional female and minority
officers is to continue his record of hiring at the Deputy Sheriff entry
level. Of 160 officers hired since January, 1988, slightly over 1/3 are
female or minority. Since Sheriff Rainey took office in 1978, sworn strength
in the department had increased 69%, the number of female officers has
increased by 226%, and minority officers by over 300%. These more recently
hired women and minority officers will eentually successfully compete for
promotional opportunities. The last Sergeant's exam from which promotions
were made resulted in the promotion of four minority and three female
officers.
The second element of the Sheriff's plan includes encouraging minorities who
are qualified to compete for promotional opportunities. There is some
evidence that in the past female and/or minorities did not apply for .
promotion in proportionate numbers. To address this issue the Sheriff has
met with groups representing minority officers and urged these organizations
to "recruit" their members to apply for promotion.
Finally, the Sheriff will be establishing a Recruitment and Retention
Advisory Committee which will report directly to the Sheriff. One of the
primary assignments of this committee will be to consider practical means for
furthering Affirmative Action/Equal Employment Opportunity within the
department.
Recommendation No. 2
The Sheriff's Department use validated tests for promotions.
Response
A. This recommendation is accepted with modifications.
B. The Sheriff's Department uses a combination of a written test and oral
interview for Sergeant examinations. Both tests are developed and monitored
through the Personnel Department with input from the Sheriff's Department.
The written test is comprised of a majority of items from the abridged
department manual. This test has been used, with minor modifications and
updates, for the past five years. Unlike some promotional tests published in
this field, it provides candidates with a clear opportunity to study for the
test as far in advance as the candidate desires. The "ability to study"
component of this test can work to the advantage of any persons or groups of
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persons who are motivated to .do well. In addition, the consistency of using
a similar testing device year after year allows candidates an opportunity to
"get used to" the process.
Each year a small team of command personnel reviews and updates the
examination. These persons are at the rank of Lieutenant and include a
female or minority members. The group's instructions are to recommend items
which a good supervisor should be able to answer and which could distinguish
superior from non-superior supervisors. Questions of a "trivial" or
difficult to answer nature are eliminated. Results are considered from
previous exams to identify items which are too difficult or confusing. These
recommendations are forwarded to the Personnel Department which has overall
responsibility for the test.
The Sheriff requested and received permission to reduce the weight of the
written test from 50% to 30%. This decision was based on the widely accepted
premise that, in general, minorities do less well on written examinations
than on oral interviews.
Pass point setting for the written examination is done by the Personnel
Department with no input from the Sheriff's Department. The pass point
setting determines how many candidates will be invited to the oral interview.
Affirmative action issues are considered by the Personnel Department during
the setting of the pass point.
With regard to the oral interview, the Sheriff's Department is generally
asked to identify raters for the oral board. The Department has been
sensitive to the need for diversity in panel members and always selects
minority and female raters. In fact, the July, 1991 Sergeant oral exams had
black, hispanic and female representation.
Uniform Guidelines for Employee Selections provide three types of validation:
content, criterion and construct. Content validation is used for all
departmental testing including the Sheriff's Department.
Recommendation No. 3
The Sheriff's Department develop a policy of rotating assignments to allow
deputies the opportunity to gain a diversified work experience that may
facilitation their advancement.
Response
A. This recommendation has been implemented.
B. The first five years of a Deputy Sheriff's career are relatively structured
by labor contract and past practice. A new Deputy will spend about 36 months
in Detention "sandwiched" around an 18-24 month Patrol assignment. An option
is for the Deputy Sheriff to work the entire 36 months in Detention and then
transfer to Patrol.
The early rotation to Patrol option (after 18 months in Detention) is an
innovation recently approved by the Sheriff to allow new hires to experience
both Patrol and Detention within their first three years of employment.
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After one year in Patrol (which can occur between 2-1/2 and 4 years on the
job depending on the option selected by the employee) officers are eligible
for specialty assignments. This minimum amount of Patrol experience to
qualify for specialized assignments is both an operational necessity and the
result of a labor agreement with the Deputy Sheriff's Association.
The procedures for filling specialized assignments are very specific. When
an opening occurs, a department-wide announcement is distributed requesting
all qualified applicants to apply. A selection committee is convened with
designated members and a list of qualified candidates is prepared for the
Sheriff. The sheriff makes all selections. The Sheriff is very aware of the
need for minority and females officers to be given the opportunity to rotate
to a variety of different assignments. As a result, we have been very
affirmative in our selection for specialized assignments. On numerous
occasions, the Sheriff has selected a minority or female officer with less
seniority than other candidates.
Minorities and females are well represented in every facet of the Sheriff's
Department. Minority and female officers work in contract cities, narcotics,
investigation, coroner and court services. It would be difficult to further
speed this process given (a) the need to have some stability of assignment,
(b) the requirement to consider all qualified candidates for each and every
selection, (c) the fact that over 80% of Deputy Sheriff positions are either
in the Patrol or Detention Divisions and (d) the abolishment of more than 20
specialized Deputy Sheriff assignments when the Board of Supervisors directed
the "civilianization" of those assignments.
Recommendation No. 4
The Sheriff develop training procedures which will encourage more minority
deputies to seek promotion.
Response
A. This recommendation has been accepted with modifications.
B. The Sheriff has met with representatives of both hispanic and black officer
associations to urge these associations to encourage their members to apply
for the current test. Study aides were also handed out to all candidates
with regard to basic skills in taking written tests and oral interviews.
More specific information regarding the test or test questions would not be
appropriate for distribution. The Sheriff plans to continue his close work
and association with department minority group representatives.
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WORKERS' COMPENSATION - REPORT 9116 - PAGE 56
Recommendation No. 1
The Board of Supervisors take the necessary steps to reduce workers' compensation
for non-safety employees to 75% of full salary.
Response
A. This recommendation is accepted with modifications.
B. The Board of Supervisors understands and concurs with the intent of the Grand
Jury, but cannot unilaterally make this reduction. A negotiated agreement
between the County and its represented employees would be required to amend
the existing provisions. Current data indicate a $180,000 annual savings
could be realized by reducing this benefit to 66-2/3' of full salary.
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MAINTENANCE BY GENERAL SERVICES - REPORT 9117 - PAGE 60
The 1990-91 Contra Costa County Grand Jury recommends that the General Services
Department:
Recommendation No. 1
Take active steps to address perceptions of overcharging for work done. Examples
of steps that might be taken include:
♦ Explain how costs are distributed so the system is better understood by those
receiving charges.
♦ Re-evaluate the policy of imposing additional charges for correction of it's
(sic) own mistakes.
Response
A. This recommendation has been implemented.
B. The General Services Department is meeting with departments to develop a
better line of communications between the support staff and the user
departments so that they are better informed regarding the County's charging
process.
With regard to charging for mistakes, all labor costs are charged to the
piece of equipment on which work is being done. In the case of returned
service, because the Department is not allowed to charge a profit factor a
returned service requires an additional charge.
This policy has been re-evaluated and it is our position that the number of
returns is not sufficient to make changes in the existing accounting and
repair order process.
Recommendation No. 2
Develop an active program to address the problems and perceptions concerning
vehicle maintenance.
Response
A. This recommendation is accepted with modifications.
B. The replacement of a Fleet Management Division Supervisor who has primary
responsibility for quality control of repairs will actively address the major
portion of problems concerning deficiencies in vehicle maintenance. However,
it should be pointed out that, with the reduction of County funding, the
motor vehicle fleet continues to age at a very rapid rate. With very limited
resources for purchasing new vehicles, it will continue to be difficult to
satisfactorily maintain County vehicles which should have been replaced.
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Recommendation No. 3
Develop an active program to address the concerns of libraries. Contract
maintenance at distant locations should be considered.
Response
A. This recommendation has been implemented.
B. The General Services Department has embarked on an active program to address
the specific concerns related to the library system. In the near future,
management employees will be meeting with Library management staff and Branch
Librarians in order to better address their concerns regarding the services
provided by General Services.
Also in the very near future, all user departments will be receiving a
questionnaire to provide feedback regarding the services provided by the
Department. This is an ongoing process, and has been extremely helpful to
General Services staff in making improvements in the services provided.
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A MANAGEMENT AUDIT OF THE JUVENIIJ3 PROBATION PROGRAM OF THE PROBATION DEPARTH�I'P -
REPORT 9105 - PAGE 63
SUMMARY OF RECOMMENDATIONS:
1. Management send a clear message indicating a strong commitment to improving
staff morale and consider using a facilitator from outside the Probation
Department to assist management and staff in developing an action plan for
improving morale.
2. Management establish procedures for involving probation department staff in
the development of new or changed programs and activities.
3. Management establish procedures for monitoring program activity to ensure
that programs are being conducted as intended or that needed program changes
are identified and addressed.
4. The department monitor the replacement team activities to assure that the'
program is being carried out in a manner that provides for placement of
adjudicated cases at the earliest practicable time.
5. Management evaluate the overall strategic direction for Probation Department
automation, its relation to other County automation projects and identify
opportunities for improving information management and productivity through
automation.
ADDITIONAL RECOMMENDATIONS:
6. The Probation Officer and his senior staff carry out the recommendations in a
serious and timely manner, recognizing the need to convince staff that real
changes are sought.
7. To ensure impartiality, the outside facilitator be appointed by and report to
the Juvenile Court Judge.
8. Implementation of the recommendations be monitored by both the Juvenile Court
Judge and the Juvenile Justice Commission on a regular and on-going basis.
Response
This report has been forwarded to the Presiding Judge of the Juvenile Court, on
behalf of the Superior Court, for appropriate action. . The Board of Supervisors is
not directly involved in the responsive action.
It should be noted, however, that the Board supports the Grand Jury
recommendations. In May, 1990 the Board provided funding to the Court for an
outside study of the Probation Department. Supervisor Robert Schroder and the
County Administrator served on a committee with Judge John Minney to look at the
operations of the department. More than $50,000 was provided for an outside
facilitator to recommend operational efficiencies. The Board approved a reduction
in adult supervision in order to save juvenile programs. A $400,000 fund was
established for juvenile hall and the Board approved the request of the Juvenile
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Court Judge to include consideration of additional facilities in the Juvenile
Facilities Master Plan. The Board also restored four positions in Probation
funded in part from savings realized by eliminating the portal-to-portal mileage
reimbursement program.
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ADULT AND JUVENILE DETENTION REPORT 9112 - PAGE 66
Recommendation No. 1
Determine the source of funding to operate West County Detention Facility at its
established capacity.
Response
A. This recommendation is accepted with modifications.
B. Funds made available pursuant to agreements with the court are being used to
operate the WDCF for FY 1991-92. Funds to continue its operation will be
provided through the County's normal budget process.
Recommendation No. 2
Develop and implement a 5-year action plan to create a facility equivalent to
Boys' Ranch for female juvenile offenders.
Response
A. This recommendation is not accepted.
B. While we concur that it would be desirable to have an unlocked County run
residential program for girls, we feel that there are less costly
alternatives in the private sector. When the Girls' Treatment Center was
operated, there were fewer than four girls per month committed to that
program by the Juvenile Court.
If funds were available, a more useful facility would be a co-ed open
facility for younger adolescents.
The difficult funding restraints facing the County which require the closure
of the Work Furlough Facility also provide a unique opportunity. This
excellent facility may be available to house some of the desperately needed
services which the Board of Supervisors has identified in the past for
children and their families. Therefore, the Board has directed the County
Administrator to explore the feasibility of a project design that takes into
consideration programs that are youth oriented, prevenitive in nature, serve
as alternatives to incarceration, are community based, family centered and
interagency in nature and to report to the Board on the status of this
project no later than November 5, 1991.
Recommendation No. 3
Develop and implement a 10-year action plan to improve our juvenile facilities.
The action plan should identify all sources of funding including federal, state,
local and private sources to meet this goal.
Response
A. This recommendation is accepted for prompt implementation.
-24-
B. The Juvenile Correction Master Plan will be updated to .include new juvenile
facilities, particularly Juvenile Hall. The County is currently seeking
State and other funds to begin the replacement process for the County's
Juvenile Hall. We are working with the legislature to develop a bond issue
for such facilities to be on the 1992 ballot.
-25-
THE OPERATION OF POLICE AGENCIES IN CONTRA COSTA COUNTY - REPORT 9104 - PAGE 72
Recommendation No. 1
All police jurisdictions develop policies that strongly encourage uniformed
officers to wear protective vests.
Response
A. This recommendation has been implemented.
B. The Sheriff's Department currently has in place policy that encourages
employees to wear protective vests.
Recommendation No. 2
Police jurisdictions establish incentives for officers who learn any foreign
language that can aid them in working with the public.
Response
A. This recommendation is accepted with modifications.
B. Bilingual pay for certain County employees who are required to have bilingual
proficiency currently exists. This is a meet and confer issue.
Recommendation No. 3
All jurisdictions take maximum advantage of POST schools.
Response
A. This recommendation has. been implemented.
B. The Board supports the Sheriff's on-going use of POST training. Between July
1, 1990 and March 1, 1991, POST reimbursed $195,000 for training of 337
personnel.
Recommendation No. 4
All jurisdictions encourage and expand the use of volunteer reserve officers.
Response
A. This response has been implemented.
B. . The Sheriff's Department currently utilizes Volunteer and Reserve resources.
In 1990 Reserves donated 38,271 hours of service at a monetary value of
nearly $695,000. In addition, Explorer Post #2406 personnel donated 3,678
hours. .
-26-
Recommendation No. 5
The Board of Supervisors develop an action plan to increase the effectiveness of
the Marine Patrol.
Response
A. This recommendation has been implemented.
B. The County is working with the legislature to establish a permanent and
stable source of funding to enlarge and enhance the effectiveness of the
Marine Patrol. Progress is expected on this effort during the next
legislative session.
-27-
ESCAPES FROM MARSH CREEK DETENTION FACILITY - REPORT 9102 - PAGE 77
The 1990-91 Contra Costa County Grand Jury recommends that the Sheriff continue
to:
Recommendation No. 1
Utilize canine patrols at MCDF.
Response
A. This recommendation is not accepted
B. The Canine Patrol in effect at the MCDF since September, 1990 has been
discontinued due to the opening of the West County Detention Facility. The
Sheriff's Department has implemented the security classification plan which
removes major unsentenced felon inmates from the facility into the
higher-security resources of the MDF and the WCDF. These moves have been
completed on July 12, 1991. The Patrol will not be continued because of
budget considerations.
While the incidence of escapes from MCDF was reduced dramatically with the
implementation of the Canine Patrol, it is difficult to attribute credit only
to the Patrol since other mitigation measures, notably security
classification, were enacted at the same time.
Recommendation No. 2
Use "rap sheets" for classification of all prisoners.
Response
A. This recommendation has been implemented.
B. The Department will continue, on a permanent basis, to utilize the available
criminal history in making its classification and assignment decisions.
Recommendation No. 3
Provide 24-hour medical coverage and send low risk prisoners with medical problems
to MCDF.
Response
A. This recommendation is not accepted.
B. The Sheriff's Department strongly agrees and supports this recommendation.
They believe that it is an essential function that must be present to both
assist in classification decisions and to insure prompt medical care in case
of emergency. However, due to the budget situation of the County, such
medical care and screening has been terminated with the opening of the WCDF.
The Department will continue to press this believing that it is a vital
component to properly manage the inmate classification system.
-28-
ESCAPES FROM HARMIEZ DETENTION FACILITY - REPORT 9103 - PAGE 81
The 1990-91 Contra Costa County Grand Jury recommends that the Sheriff:
Recommendation No. 1
Complete the measures described in Finding 8 at the earliest possible date without
time-consuming maneuvering of how to finance.
Response
A. This recommendation is accepted with modifications.
B. The Sheriff's Department strongly agrees with this recommendation, and has,
in fact, requested such equipment in budgets submitted in prior years. The
request for funds for these measures has been forwarded to the County
Administrator. With proposed reductions in the Sheriff's budget for fiscal
year 1991-1992, this expenditure will compete with other priorities for
funding.
The Board has requested that the Sheriff provide the Grand Jury with a list
of the measures being taken to increase security at the MDF when the budget
situation is known.
Recommendation No. 2
Continue to study how to further improve security.
Response
A. This recommendation has been implemented.
B. The Sheriff's Department has studied and instituted the following security.
measures:
1. Weekly training is being conducted with custody staff which stresses
security issues.
2. Courtyards are closed and off limits at 5:00 p.m.
3. Dead bolt locks have been installed on courtyard doors to prevent lock
tampering and access to the courtyards.
4. Several items have been removed from the modules which could be used to
aid an escape, primarily metal objects associated with housekeeping and
janitorial supplies.
-29-
TSE FINANCIAL AFFAIRS OF THE RICHMOND UNIFIED SCHOOL DISTRICT - REPORT 9109 -
PAGE 86
The Richmond Unified School District has an elected Board of Education, therefore
this report is not under the purview of the Board of Supervisors.
=30=
REDEVEMPHENT AGENCIES - REPORT 9110 - PAGE 94
Recommendation No. 1
Institute and maintain a citizen advisory group for advice and oversight.
Response
A. This recommendation has been implemented.
B. California Redevelopment Law mandates one of two forms of formal community
participation in the redevelopment processes. First, if implementation of a
redevelopment plan is likely to displace a "substantial number of low and
moderate income families" the Agency is required to form a Project Area
Committee (PAC). If a legislative body determines that a formal PAC is not
required, the Agency is still required to consult with residents in community
organizations. The Board has requested the Redevelopment Agency Director to
forward a list of the Project Area Committee members to the Grand Jury.
Redevelopment is a major catalyst for change, therefore, public interest is
high. While this attention is often on issues unrelated to redevelopment,
nevertheless, the redevelopment process becomes a forum for discussion.
Annual reporting requirements, hearing requirements, as well as other
community outreach by agencies, provide the community with the opportunity to
inform themselves on Redevelopment Agency matters and to express their views
before the agencies. In addition, Redevelopment Agencies are subject to the
Public Records Act requirements and the Ralph M. Brown Act, each of which are
designed to provide interested parties with access to information about
public agency activities. Furthermore, some Redevelopment Agencies are
required to hold a bi-annual hearing reviewing the redevelopment plan and the
Agency's progress in implementing its redevelopment plan.
This report will be referred to the Internal Operations Committee for further
review.
Recommendation No. 2
Reduce project debt in a way that returns the property taxes to the original
agencies. Debt should not be compounded or extended solely to perpetuate the
existence of the agency.
Response
A. This recommendation is .not accepted.
B. Taxing agencies benefit from redevelopment by virtue of increased property
tax revenues at the completion of the redevelopment plan. California
Redevelopment Law provides for a fiscal review process prior to redevelopment
plan adoptions, mergers or specified amendments. A Fiscal Review Committee,
composed of a representative of each taxing entity that levies a tax and
provides a service within a redevelopment project area, is formed when a
taxing entity believes that the project will cause:
-31-
. ,
(a) an increase in the quality or quantity of the services it has to provide
to the project area; or
(b) a loss of tax revenues produced by the change of ownerships or new
construction which could reasonably be deemed to occur even if the
redevelopment project were not established. The Fiscal Review Committee
reviews the claim and evidence submitted and submit a written report to
the Agency presenting its conclusions. The report may recommend actions
to alleviate the financial burden or detriment. If there is conclusive
evidence to support the claim, tax increment can be passed to the taxing
entity or some other adjustment can be made by the governing body to
alleviate the financial impact. The governing body of the community
cannot adopt a redevelopment plan without including in its ordinance a
finding that "the effect of tax increment financing will not cause
significant financial burden or detriment of any taxing agency deriving
revenues from a project area."
Recommendation No. 3
Issue a yearly report reflecting the status of the agency and all its projects in
terms a layman can understand.
Response
A. This recommendation is implemented.
B. An annual report is provided each September as part of the budget process.
In addition, a biennial report and hearing on the Agency's activities and
accomplishments is provided pursuant to California Redevelopment Law.
Recommendation No. 4
Disclose to the public the terms and conditions of any proposed subsidies to
private enterprises prior to concluding any contractual agreement.
Response
A. This recommendation has been implemented.
-32-
COMMSATION OF SCHOOL BOARD 1ffiMM IN CONTRA COSTA COUNTY SCHOOL DISTRICTS -
REPORT 9108 - PAGE 101
School districts have elected Boards of Education therefore this report is not
under the purview of the Board of Supervisors.
-33-
PROGRAMS AVAILABLE AT JUVENILE DETENTION FACILITIES - REPORT 9115 - PAGE 106
The 1990-91 Contra Costa County Grand Jury recommends that the Probation
Department:
Recommendation No. 1
Continue and expand the Chaplain Program.
Response
A. This recommendation is accepted with modifications.
B. The Chaplaincy Program is an essential element in the Juvenile Facility
Program Services. The Probation Department intends to continue it and
heartily supports it under Chaplain Spooner's guidance and leadership. The
ability to expand the program fiscally is curtailed by budgetary constraints.
Due to excessive over population, the budget for Juvenile Hall is overspent
and no additional funds are anticipated in FY 1991-1992 for this purpose.
Recommendation No. 2
Launch an aggressive program to develop new sources of volunteers. All
communities should be made aware of the need for and the importance of volunteers
in the implementation of juvenile programs.
Response
A. This recommendation is accepted with modifications.
B. The Probation Department does not have a volunteer coordinator position and
funding for such staff has not been provided to expand our efforts to do
outreach to the community. The department will, however, continue to pursue
use of volunteers to the extent of their resource capability.
Recommendation No. 3
Maintain an on-going program of evaluation of programs with respect to the
changing needs of the juveniles.
Response
A. This recommendation has been implemented.
B. The Probation Department constantly pursues such evaluation.
Recommendation No. 4
Continue to work with the County Office of Education to increase the variety of
trade school classes offered at the Ranch.
Response
A. This recommendation has been implemented.
-34-
B. This is consistent with the agenda and goals of the Probation Department.
Recommendation No. 5
Seek additional grants and funding from private and public agencies to support and
increase programs and services.
Response
A. This recommendation has been implemented.
B. The Probation Department has, in the past, been extremely effective in
securing grants for various services and program enrichment. Their
frustration is that services and programs which prove effective come to an
end when grant funding expires and County funds are not available to continue
worthy programs. Nevertheless, they intend to continue to search and seek
alternative sources of funds on an ongoing basis.
The 1990-91 Contra Costa County Grand Jury recommends that the Health Services
Department:
Recommendation No. 6
Seek ways to maintain and increase the level of the programs and counseling hours
at the Ranch.
Response
A. This recommendation has been implemented.
B. In March, , 1990, the County Probation Officer requested that the Health
Services Department utilize the Youth Interagency Assessment and Consultation
Team (Y.I.A.C.T.) to evaluate existing Mental Health services to the
Probation Department and make recommendations for service needs. Among the
recommendations was the creation of a Mental Health service component for
Byron Boys' Ranch to provide services within the institution and as part of
the after-care component. (No Mental Health services had been available
previously. )
In the meantime, Mental Health and Probation staff continued to meet in an
interdepartmental forum and recommended a 12-hour/week Pilot Program for the
delivery of Mental Health services to the Ranch from September 10, 1990 to
January 4, 1991. The Pilot Program, negotiated through a formal Interagency
Agreement between Probation and Mental Health, included Mental Health input
into the newly evolving Byron Program requested by the Juvenile court and
focused on both case and program consultation.
At the conclusion of the Pilot Program, the Mental Health/Probation group
agreed to the reallocation of 24 hours of Y.I.A.C.T. staff time, committed to
the Boys' and Girls' Centers prior to their closure, for the continuation of
the Byron Boys' Ranch program. Consultation service at both the case and
program level continues to be provided and interagency meetings in West
Contra Costa County are held in the hopes of creating a 12-hour/week
-�:35-
after-care component for this project. Mental Health and Probation continue
to meet periodically to monitor and evaluate these new programs.
The 1990-91 Contra Costa County Grand Jury recommends that the Board of
Supervisors:
Recommendation No. 7
Ensure that Byron Boys' ranch is kept open in order to meet the needs of juvenile
offenders in Contra Costa County.
Response
A. This recommendation has been implemented.
B. The Board intends to keep the Ranch operating.
-36-
YOUTH DIVERSION PROGRAMS IN CONTRA COSTA COUNTY - REPORT 9106 - PAGE 112
Recommendation No. 1
Jurisdictions that already have some form of youth diversion in place explore ways
in which the program might be expanded or enriched.
Response
A. This recommendation is accepted with modifications.
B. Both the Sheriff's Department and Probation Department support and encourage
juvenile diversion programs. In addition to operating the Youth Diversion
Program, staff of the Sheriff's Department serve on various youth serving
committees and work with the agencies on diversion projects.
The Probation Department has sponsored annual diversion workshops in the
past, but this became more than they could afford in terms of staff time.
One outcome of these efforts has been the development of regionalized
assessment teams and the ongoing Coordinating/Networking Juvenile Justice
Committees. We like to believe that the department has stimulated and
encouraged local entities to strengthen or develop diversion programs and
services.
Reference is made to the 1983 and 1990 Juvenile Corrections Master Plans,
both of which have extensive materials on diversion efforts and needs.
At a time when Probation's resources are pressed beyond their capability, the
use of diversion as a means of dealing with minor offenders and to prevent
serious delinquency continues. to be encouraged.
As traditional funding sources continue to be reduced, -new areas of funding,
such as through private resources and grants, continue to be pursued.
The Board has requested the County Probation Officer to provide a list and
description of existing diversion programs to the Grand Jury.
Recommendation No. 2
Jurisdictions that have no formal program for youth diversion, develop a program
tailored to meet the specific needs of the community.
Response
See response to Recommendation No. 1.
Recommendation No. 3
In developing and implementing diversion programs, all jurisdictions make maximum
use of volunteers including service and other organizations, public and private
agencies and appropriate groups.
-37-
Response
See response to Recommendation No. 1.
Recommendation No. 4
To support diversion programs, all jurisdictions utilize and develop new funding
sources, including grants.
Response
See response to Recommendation No. 1.
Recommendation No. 5
All jurisdictions develop channels of communications with other jurisdictions in
the county and encourage youth diversion personnel to share ideas, information and
educational materials on juvenile issues.
Response
See response to Recommendation No. 1.
-38-
Office of Contra Costa Couni;
COUNTY AUDITOR-CONTROLLER RECEIVED
Contra Costa County
Martinez, California J U L EL-) 1991
July 15, 1991
Office of
County Administrator
TO: Scott Tandy, Chief Assistant Administrator
FROM: Kenneth J. Corcoran, Auditor-Controller
SUBJECT: Grand Jury Response
As requested in your June 24, 1991 memo, please find attached the
responses of the Auditor-Controller to the Grand Jury findings and recommendations
(Report No. 9113) that apply to this office.
KJC/pm
RESPONSE TO GRAND JURY REPORT
Report Title: Audit of the Contra Costa County Financial Statements for the
Fiscal Year Ending June 30, 1991 Report 9113
Individual/Unit Responding: Kenneth J. Corcoran, Auditor-Controller
Date: July 11, 1991
Response to Recommendation Number: 5
1. This report is accepted for prompt implementation
2. Shortly after assuming office in January 1991 I met with Phil Batchelor,
County Administrator, and presented to him a personnel reorganization
plan for the department. This plan addressed the immediate needs of
the department resulting from a number of key retirements; in addition,
it realigned duties and responsibilities to acknowledge the changing
financial environment of the County in the 1990's. Mr. Batchelor
concurred with my organizational plan and, by the end of July 1991, it
will be fully implemented.
Response to Recommendation Number: 6
1. This report is not accepted
2. Various California State Codes require or authorize the Auditor-Controller
to perform audits of the accounts and records of specific county
departments, offices and activities. To carry out these mandates, the
audits performed by the Auditor-Controller's staff have traditionally been
financial audits.
The Grand Jury recommends that the scope of our audits be expanded to
include "management" audits (i.e., audits that evaluate the economy,
efficiency and effectiveness of particular operations). Further, it was
recommended that functional specialists from other departments be brought
in to participate in the audits.
I believe there may be some merit to this recommendation. However, the
successful implementations of this type of program would require the full
support of the Board of Supervisors, the CAO and the departments being
audited. The concept of borrowing functional specialists from other
departments would be very difficult to implement due to scheduling
problems and the workload requirements in the specialists' own
departments. The alternative, employing full-time auditors with various
backgrounds and expertise, is' not feasible at this time due to funding
limitations in the Auditor-Controller's Department.
In conclusion, I do not believe a management audit function can be
successfully implemented at this time, primarily due to funding
constraints.
Response to Recommendation Number: 7
1. This report is accepted with modifications
2. We would welcome input from the,County Administrator regarding the
scope and nature of the internal auditing program. In fact, we have
always considered, and generally have responded to, requests from the
CAO and various County departments for audits of particular areas or
programs. However, two points must be clearly understood. First the
ultimate responsibility for the auditing program, including its scope and
direction, must remain with the Auditor-Controller. And, second, it is
essential that the independence of the auditing function be maintained.
Response to Recommendation Number: 9
1. This report is accepted for prompt implementation
2. The problem has been eliminated. Retirement's fiscal year ends on
December 31st; in the past, we made adjustments to reflect a fiscal year
ending June 30th in order to conform with the other entities reported in
our CAFR. We will no longer make these adjustment and will utilize
December 31st year ending data in the CAFR, as recommended by the
Grand Jury Auditors.
Response to Recommendation Number: 10
1. This report is accepted for prompt implementation.
2. We have purchased a software package from the Government Finance
Officer's Association which will provide an audit trail between the general
ledger and the general purpose financial statements. This audit trail
facility will be used for the FY90/91 closing.
Response to Recommendation Number: 11
1. This report is accepted for delayed implementation.
3. We have requested a cost estimate from Data Processing for making the
necessary changes to the Finance System to implement this
recommendation. If the programming costs are prohibitive, we will
develop alternative methods for dealing with the problem.
Response to Recommendation Number: 12
1. This report is accepted for prompt implementation.
2. We have established standardized guidelines and forms for reporting
accrued revenues. These are being sent to all pertinent departments for
implementation during the fiscal year 1990/91 closing process.
Response to Recommendations Number: 14
1. This report is accepted for delayed implementation.
3. A procedure has been established to identify and cancel stale dated (over
6 month old) outstanding checks. The procedure includes a review by
Risk Management prior to the cancellation. Because of ongoing budget
deficiencies and manpower shortages, this procedure has not been fully
implemented. When staffing is adequate to fully implement our procedures
delays in processing cancellations will be eliminated.
Response to Recommendation Number: 15
1. This report is accepted for prompt implementation.
2. The required Cash -Flow statements will be prepared by General
Accounting for inclusion in the fiscal year 1990/91 CAFR.
SHERIFF—COROleTER'S DEPART inia osta County
Contra Costa County RECEIVED
Administration Division J U L u 1991
646-2402
Office of
Date: July 24, 1991 County Administrator
To: Phil Batchelor, County Administrator
Attention: Scott Tandy, Chief Assistant A nistrator
From: Richard K. Rainey, Sheriff-Coroner
Subject: Response to Grand Jury Reports
You will find attached comments on the findings and recommendations of the following
Grand Jury Reports pertaining to the Sheriff's Department:
♦ Report #9104, Operation of Police Agencies in Contra Costa County
♦ Report #9106, Youth Diversion Program
♦ Report #9111, Affirmative Action in the Sheriff's Department
♦ Reports #9102 and #9103, Escapes from Marsh Creek Detention
Facility and Escapes from Martinez Detention Facility
RKR:mjf
RESPONSE TO GRAND JURY REPORT
Report Title Operation of Police Agencies in CCC Report Number 9104
Individual/Unit Responding Warren E. Rupf/Sheriff's Department
Date 6121191
Response to Recomendation Number 1
1 . This report is accepted for prompt implementation
accepted for delayed implementation
accepted with modifications
ti
not accepted
XX not applicable
2. If accepted for implementation, please indicate when the
recommendation will be implemented and by whom.
3 . If the recommendation was* not accepted or accepted for delayed
implementation and/or with modifications, please explain.
4 . Additional comments: The Sheriff's Department currently has in
place policy that encourages employees to wear protective vests. A
copy of this policy is attached.
NOTE: IF A RESPONSE TO MORE THAN ONE RECOMMENDATION IS
REQUIRED, ENTER THE NEXT RECOMMENDATION NUMBER AND REPEAT
FORMAT.
CONTRA COSTA COUNTY SHERIFF-CORONER Number 7-5
DEPARTMENT MANUAL Replaces 7-5 of 7/31/90
1, POLICIES AND PROCEDURES Date January 31, 1991
Approved
SUBJECT PERSONAL PROTECTION EQUIPMENT
POLICY In order to maintain a professional uniform image and insure
Deputies carry good quality personal protection equipment,
specific equipment standards are established.
GENERAL
INFORMATION LEATHER GEAR
All leather equipment shall be of good quality black leather with
a basketweave design. All exposed metalwork shall be brass.
A. Gun Belt: 24 inches wide, with brass buckle
B. Holster:
1. Uniformed Deputies - Only the following duty holsters
are authorized for use by uniformed Deputies:
a. Bianchi : Model 3000 (Autodraw)
b. Bianchi : Model 27K (Highway Patrolman)
C. Bianchi : Model 350 Hurricane
d. Hoyt (front-break)
e. Safariland (SS3) Model 070 200 (Top Gun)
f. Tex Shoemaker Model 75 (quick-front)
This holster is authorized for use in con-
junction with large target grips only.
2. Other break-front or front-opening type holsters not
listed may be approved for uniformed duty. Any such
holster must meet Departmental standards and be approved
by the Professional Standards and Resources Bureau prior
to use.
3. All duty holsters shall be maintained in proper repair
and as equipped by manufacturer. Safety straps shall be
used.
4. Non-uniformed Deputies
a. Holsters shall be shaped to fit the weapon.
I • • t
GENERAL
INFORMATION 5. Appendix 9 of this manual explains the criteria used in
establishing the standards for duty holsters.
C. Handcuff Case: Covered type, molded to fit the handcuffs
D. Ammunition Case: Covered type, hinged or California Highway
Patrol type or speed loader case with speed loaders
E. Baton Ring: With snap and brass or black ring
F. Mace Holder: With or without cover and snap
G. Key Strap: With or without skirt
H. Belt Keepers: Two snap style
DEPARTMENT ISSUED SAFETY EQUIPMENT
A. Handcuffs: Smith and Wesson or Peerless
1. Other types are issued for some transportation details.
2. A key for the handcuffs carried will be maintained by
the deputy at all times while on duty.
B. Baton: L.A.P.D. type, 26" wood, with black finish or PR-24
type 24" foam filled aluminum with side handle.
1. Each requires a P.O.S.T. certified class before it may
be carried.
C. Flashlight: Three "D" cell high impact plastic
D. Mace: As issued
OPTIONAL EQUIPMENT
Only the following Optional equipment may be purchased by the
employee for use on duty.
A. Handcuffs: Extra handcuffs may be carried on the duty belt
in an appropriate case., Smith & Wesson or Peerless.
B. Flashlight:
- Must be a minimum of three, but not more than five "C"
or "D" cells
- May be rechargeable
- May be metal or high impact plastic
Must not have more than 22,000 candle power
7-5:2
GENERAL
INFORMATION The Department has purchased flashlights of higher candle power
for specialized use in detention. These flashlights are not
authorized for use outside their described detention function.
C. Optional Leather Belt Equipment: Shall be of good quality
black leather with basketweave design.
1. Shotgun Shell Holder: Designed to hold three shells,
with or without cover and snap
2. Tape Recorder Case: Designed to fit the type of
recorder carried
3. Knife Case: Designed to fit the type of folding knife
carried
D. Knuckle Sap Gloves: Good quality plain black leather
E. Police Whistle: Good quality Thunderer Model or equivalent,
Pack plastic or brass
F. Safety Vests: Deputies may wear the Department issued safety
vest or a vest of. their preference while on duty.
If a vest is worn regularly, or almost every work day, for
five years, it should be replaced. If a vest is worn only
occasionally, then the vest need not be replaced at five
years, unless the vest shows deterioration.
G. Disposable Plastic Handcuffs: No brand specified
H. Knife: Folding type knife with maximum of a 4-inch blade
I . Tape Recorder: No brand specified
J. Personal Portable Radio: Must meet specifications set by
Communications Division per Section 8-6.2 of this manual
NON-UNIFORM EQUIPMENT
Deputies working in Non-uniform duties that require the carrying
of firearms will ensure their holster, ammunition case and other
equipment is of good quality and adequate for duty needs.
PROCEDURE 1 STANDARDS AND MAINTENANCE
Standards
The equipment described in the above General Information are the
Department Personal Protection Equipment standards. All Deputies
will ensure their equipment conforms to these standards.
7-5:3
PROCEDURE 1 Maintenance
All leather goods shall be kept clean and polished. Most
commercially available leather polish and wax are satisfactory for
cleaning and conditioning leather. High gloss and glass coat-type
preparations are not recommended.
All metalwork will be kept clean and polished.
All equipment will be kept in good condition. Leather goods
bearing excessive wear or repairs are prohibited.
PROCEDURE 2 EMPLOYEE DUTIES
The authorized leather shall be worn with the uniforms specified
in Section 8.2 Uniforms of this manual .
7-5:4
RESPONSE TO GRAND JURY REPORT
Report Title Operation of Police Agencies in CCC Report Number 9104
Individual/Unit Responding Warxpn F_ Ri,pfjRherjffts nenartment
Date 6/21/91
Response to Recomendation Number 2
1 . This report is accepted for prompt implementation
accepted for delayed implementation
accepted with modifications
1
not accepted
XX not applicable
2. If accepted for implementation, please indicate when the
recommendation will be implemented and by whom.
3. If the recommendation was not accepted or accepted for delayed
implementation and/or with modifications, please explain.
4 . Additional comments: Bilingual pay for County employees currently
exists. This is a meet and confer issue with unions that would have a
county=wide impact.
NOTE: IF A RESPONSE TO MORE THAN ONE RECOMMENDATION IS
REQUIRED, ENTER THE NEXT RECOMMENDATION NUMBER AND REPEAT
FORMAT.
RESPONSE TO GRAND JURY REPORT
Report Title Qflerntinn of Police Agencies in CCC Report Number 9104
Individual/Unit Responding Warren E. Rupf/Sheriff's Department
Date Ci21Jg1
Response to Recomendation Number 3
1. This report is accepted for prompt implementation
accepted for delayed implementation
accepted with modifications
not accepted
XX not applicable
2. If accepted for implementation, please indicate when the
recommendation will be implemented and by whom.
3 . If the recommendation was not accepted or accepted for delayed
implementation and/or with modifications, please explain.
4. Additional comments: Sheriff's Department Training Records show
that between July 1, 1990 and March 1, 1991, 147 sworn personnel
attended a total of 5504 hours of training. POST reimbursement
amounted to $69,242. 153 sworn personnel attended 24 hours of
Advanced Officer Training; POST reimbursed $32,541. 30 Recruits
attended the Police Academy; POST reimbursed $90,770.
NOTE: IF A RESPONSE TO MORE THAN ONE RECOMMENDATION IS
REQUIRED, ENTER THE NEXT RECOMMENDATION NUMBER AND REPEAT
FORMAT.
„
7 Dispatch Trainees attended POST Dispatch School, 80 hours each; POST
reimbursed $2,532. Total POST revenue July 1, 1990 to March 1, 1991
was $195.085.
POST Revenue is based on a percent of salary from 25% to 40%,
depending on the course, set tuition and per diem rates for each
course. As a rule of thumb, we spend 25 - 30 percent more than we
are reimbursed for.
RESPONSE TO GRAND JURY REPORT
Report Title Operation of Police Agencies in CCC Report Number 9104
Individual/Unit Responding Warren E. Rupf/Sheriff's Department
Date 0151
Response to Recomendation Number 4
1. This report is accepted for prompt implementation
accepted for delayed implementation
accepted with modifications
x
not accepted
XX not applicable
2. If accepted for implementation, please indicate when the
recommendation will be implemented and by whom.
3. If the recommendation was not accepted or accepted for delayed
implementation and/or with modifications, please explain.
4. Additional comments: The Sheriff's Department currently utilizes
Volunteer and Reserve resources as described in the attachments,
1990/91 Objectives for the Volunteer Services Bureau and the Volunteer
Services Bureau Yearly Statistics for 1989 and 1990.
NOTE: IF A RESPONSE TO MORE THAN ONE RECOMMENDATION IS
REQUIRED, ENTER THE NEXT RECOMMENDATION NUMBER AND REPEAT
FORMAT.
Sheriff-Coroner Richard K.Rainey
Field Operations SHERIFF-CORONER
Warm E Rupt
1980 Muir Road
Assistant Sheriff
Martinez,California 94553-0039 Gerald T.Mitosinka
(415)646- Assistant Sheriff
Rodger L.Davis
To: Captain John Gackowski Date: February 26 , 1991 Ass�lstantSheriff
4/ /
From: Sergeant Rick Morgan Subject 1990/91 Objectives
Bureau of Volunteer Services
OBJECTIVE 3
Increase the number of volunteers
For year 1989 we appointed' a total of 17 reserves. For year 1990 we
appointed a total of 33 reserves for an increase of 56%. This
representes a maximum effort by staff.
OBJECTIVE 4
Increase the number of .Level 1 - reserves by``'5% by continuing to
upgrade, through training,' all `currerit' .volunteers, and by active
recruitment.
No statistics are available to determine spe'difically;thow many
reserves haver upgraded from level 2' .to .level y I�, however abased on our
recruiting 'profile over<the,-last- ear we-recruited-or'upgraded one
level 1 for the year 89. For year _ we recruited or upgraded six
. .
level one reserves.
OBJECTIVE 5
Provide viable training at monthly reserve_._.imeetings to upgrade the
quality of our volunteer unit
This objective has been acon hed:_ Currently we have one specific
reserve assigned .to locate and coordinate training-,for the general
reserve meeting-
OBJECTIVE 6
100% compliance with required training mandates by all volunteers
(CPR, First Aid, Firearms) . _
'Y?"t
Mandated -training FY 90/91 is still in the ongoing phase. Multiple
training classes have been scheduled to allow as many staff as
possible to participate. Only those reserves who successfully
complete all phases will be allowed to remain active in the
organization.
AN EQUAL OPPORTUNITY EMPLOYER
1 ! 1
Sheriff' Coroner Richard K. Rainey
Contra Costa County SHERIFF-CORONER
Warren E.Rupf
P.O.Box 391 - Assistant Sheriff
Martinez,California 94553-0039
(415)646- Gerald T.Mitosinka
Assistant Sheriff
To: J.D. Sizemore, Lieutenant Date: January 29, 1989 Rodger L.Davis
Central Station Commander Assistant Sheriff
From: Sergeant Obie Anderson OA Subject: Yearly Reserve.
Bureau of Volunteer Services Statistics 1989
The following is a breakdown of the hours donated by our Reserve and
Search & Rescue units for the year 1989. Also included are the
statistics for 1985, 1986, 1987 and 1988.
Unit 1985 1986 1987 1988 1989
County Function:
Delta Station 2271.5 2418. 0 3761.5 3342.0 3771.0
Bay Station .1579.5 2747.5 1109.5 803.5 1409.0
Valley Station 2044.0 1455.0 791.0 1219.0 2210.0
Detention 1916.5 1280.0 909.0 1108.0 1592.5
Rural. Crimes 1416.5 955.0 1152.0 831.0 380.0
Amateur Radio n/a n/a 615.0 600.0 609.5
Marine Services 3948.5 2528.5 . 3000.0 3977.0 2849.5
Contract Cities:
San Ramon 4140.5 4053.0 4586.0 3887.0 3144.5
Lafayette 3404.5 2975.5 3339.0 2847.0 3300.0
Danville 1543 .5 1913.5 2044.0 2767.0 2762.5
Orinda n/a 1272.0 1979.5 2490.0 2812.0
Special Services:
Ernest Clausen 260.0
Search and Rescue: 8211.0 8029.0 8855.0 8363.2 8701.0
GRAND TOTALS: 30476.0 29627.0 32141.5 32234.7 33801.5
If the 1989 hours are computed into monetary value at $16.00 per
hour, the total value of the 1989 Year service is $540,824.00.
cc: J.L. Gackowski, Captain
Patrol Division Commander
AN EQUAL OPPORTUNITY EMPLOYER
"
Sheriff-Coroner Richard K. Rainey
Contra Costa County SHERIFF-CORONER
P.O:Box 391 warren E.Rupf
Assistant Sheriff
Martinez.'California 94553-0039
(415)646- Gerald T.Mitosinka
Assistant Sheriff
To: R. Henderson, Lieutenant Date: February 19, 1990 Rodger L.Davis
Central Station Commander Assistant Sheriff
From: R. Morgan, Sergeant Subject: yearly
Bureau of Volunteer Services Statistics 1990
The following is a breakdown of the hours donated by our Reserve and
Search & Rescue units for calender year 1990:
Unit 1 QT 2 QT 3 QT 4 QT Total
County Function:
Bay Station 1241.5 449.5 505.0 646.5 2842.5
Delta Station 335.5 480.5 587.0 1070.5 2473.5
Valley Station 540.0 679 .0 970.0 923.0 3112.0
Detention 503.0 604.0 668.5 332.0 2107.5
Marine ,Services 265.5 552.0 652.5 652.5 2122.5
Rural Crimes 291.0 410.0 403.0 461.5 1565.5
Amateur Radio . N/R NIR N/R 443 .0 443.0
Contract Cities :
Danville 1016.0 746.5 809 .5 530. 5 3102.5
Lafayette 828.0 900.0 1097.0 1204 .0 4029 .0
Orinda 707.5 523.0 426 .0 676.0 2332.5
San Ramon 902.0 864.5 . 831.5 645.0 3243.0
Search & Rescue: 1518.0 2447.5 3267.0 3665.5 10898.0
GRAND TOTALS : 8148.0 8656.5 10217.0 11250.0 38271.5
If these hours are computed into monetary value at $18.15 per hour, .
the total value of our 1990 service is $694,627.72.
cc: J. Gackovski, Captain
Patrol Division Commander
AN EQUAL OPPORTUNITY EMPLOYER _
Sheriff-Coroner Richard K.
Field Operations SHERIFF-CC
Warren E.Ru
1980 Muir Road Assistant She
Martinez,California 94553-0039
(415)646- Gerald T.Mit(
Assistant Shei
To: Sgt. R. Morgan Date: February 28,1991 Rodger L.Dav
via: Dep. B. Dickey Assistant Sher
From:EXP. CPt. J. Miller(.6 Subject:Year-End Hour Report - 1990
Contra Costa County Sheriff's Department Explorer Post #2406, Jan. 1990 - Dec. 199C
POST BREAKDOWN:
TOTAL MEETING (A) PATROL (B) OFFICE (C) DETAIL (D) OTHER (E)
3678 (+5.7/.) 461 (+102*/.) 664 (-38*4) 1498 (+1M) 893.5 (+991) 151.5 (not i
Total active months: 115
Average per month in 1990: 806,5 hrs (+5.7/.)
INDIVIDUAL BREAKDOWN:
NAME EMP.# TOTAL (A) (B) (C) (D) (E) 'TOTAL,MONTHS/AVERAGE
MILLER, J. Q0001 809.5 63 91 435.5 163 57 12 j 67.5, hrs
FRANKLkND, R. Q0002 55 6 32 16 1 3 j 18.3 hrs
PALMER 9 B. Q0003 13 2 8 3 1 j 13.0 hrs
KELLY, S. Q0005 302.5 45 137 55 50.5 15 9 33.6 hrs
LEWIS, J. Q0007 166.5 30 34.5 21 73 5 7 /' 33.3 hrs
CLANIN, T. Q0009 71.5 22 8.5 23 15 4 j 17.9 hrs
SARDI, L.R. Q0011 1100 52 203.5 611.5 179.5 53.5 12 j 91.7 hrs
CLASEN, J. Q0016 88.5 10 29 15.5 34 3 29.5 hrs
GREESON, B. Q0017 82 18 56 5 16.4 hrs
MILLS, M. Q0018 236.5 39 45 2 129.5 21 11 21.5 hrs
CUNNINGHAM, B.Q0019 54 8 46 2 j 27.0 hrs
WALTER, P. Q0020 4 4 1 j 4.0 hrs
DELATORRE, E. Q0021 14 8 6 4 j 3.5 hrs
JOHNSON, M. Q0022 23 8 15 2 j 11.5 hrs
MADEROS, C. Q0023 31 20 2 9 5 j 6.2 hrs
PARSLEY, B. Q0025 261 18 67.5 136.5 39 5 j 52.2 hrs
SCUDDER, T. Q0026 62.5 18 9 35.5 3 j 20.8 hrs
VAI'LE, L. Q0027 15.5 16 3 3.5 5 J 3.1 hrs
CROSSMAN, H. Q0028 62 16 8 30 8 4 j 15.5 hrs
CLARK, J. Q0029 24.5 12 9.5 3 j 8.2 hrs
JONASSON, M. Q0030 121 12 102 7 3 40.3 hrs
MORGAN, J. Q0031 30 10 13 7 3 f 10.0 hrs
SAUTER, T. Q0032 33 12 5 16 3 j 11.0 hrs
SPENCER, C. Q0033 17.5 12 5.5 3 j 5.8 hrs
AN EQUAL OPPORTUNITY EMPLOYER
RESPONSE TO GRAND JURY REPORT
Report Title Youth Diversion Program Report Number 9106
Individual/Unit Responding Sheriff's Department= Investigation Division
Date 6/20/91
Response to Recomendation Number 1 thru S
1. This report is accepted for prompt implementation
accepted for delayed implementation
X accepted with. modifications
not accepted
2. If accepted for implementation, please indicate when the
recommendation will be implemented and by whom.
3 . If the recommendation was not accepted or accepted for delayed
implementation and/or with modifications, please explain.
This department has a Youth Diversion Program and 49P on many committee's
dealing with youth; such as Shop & Sarb. We also deal with other agencies
as a means of diversion. Fiscal contraints limit our involvement and funding
is sought annually. Other funding source are needed and will be sought.
4. Additional comments:
NOTE: IF A RESPONSE TO MORE THAN ONE RECOMMENDATION IS
REQUIRED, ENTER THE NEXT RECOMMENDATION NUMBER AND REPEAT
FORMAT.
THE FOLLOWING IS IN RESPONSE TO THE GRAND JURY'S 1990-91 REPORT
CONCERNING MINORITY REPRESENTATION IN THE SHERIFF'S DEPARTMENT.
PRIOR TO ADDRESSING SPECIFIC RECOMMENDATIONS, THE FOLLOWING
COMMENTS APPLY TO THE GENERAL PRESENTATION OF THE REPORT.
A. The Department notes with pride the Grand Jury's summary that the
Sheriff's Department has made "substantial progress" in the entry level hiring
of Deputy Sheriffs. In fact, since 1987, at least one in three new officer hires
has been a female or minority. This progress in hiring minority and female
Deputy Sheriffs will continue to reflect itself in promotional gains within the
department. While the size of the department has doubled over the last ten
years, the number of minority officers has quadrupled.
Non sworn hiring has registered even more spectacular gains. Of the last
thirty civilian workers hired into the Sheriff's Department, 18 are minority and
22 are female. The Sheriff's Department leads all departments in the hiring of
Career Development Workers and is the only operating department to
contribute to the funding of the program ($15,000 this Fiscal Year).
B. The lack of minorities at promotional levels in the Sheriff's Department is
somewhat deceiving. In January, 1990, a black Captain retired and in March,
1991, a black Lieutenant retired. Prior to these retirements there was no
adverse impact at these ranks for blacks.
Not addressed in the report are the Deputy Sheriff Criminalists which are
also sworn officers. The rank of Supervising Criminalist is the equivalent of
Lieutenant in the department. Of the two positions, one Supervising
Criminalist is a female. The second position is vacant but the final three
candidates include two minorities and one female, thus assuring that both of
these Lieutenant level positions will be minority and/or female.
C. The Sheriff has proposed and fought for testing and certification reforms
that provide more flexibility and more opportunity to interview female and
minority candidates. Among these reforms are continuous testing, band
certification, job related written examinations, and the "Rule of 10" for
promotional Sergeant exams.
D. With regard to the promotional process, the Grand Jury is reminded that
a promotion to Sergeant occurs after an average of ten years as a Deputy
Sheriff. Promotions to Lieutenant and Captain are in the 12 to 18 year average
category.
The reasons for these high averages are complex. With tight fiscal
restraints there are far fewer opportunities for promotion than there are
qualified candidates. In some years over 100 Deputies apply for promotion with
only 4 - 6 selections. In one year there were layoffs at both the Lieutenant and
Sergeant level.
In.addition, the development and maturation of a future Sergeant takes
time. The training, experience and background necessary to develop a
qualified law enforcement supervisor is a gradual learning and education
process. Since most of our minority employees have been hired within the last
ten years, their level of experience and training is not as competitive in any
type of interview or testing process.
This factor has actually been institutionalized in the awarding of
promotional points for years of service. A candidate needs 8 1/3 years as a
Deputy Sheriff to get the maximum five promotional points. Since the
promotional test scores are so bunched together, promotional points make a
very real difference in the final Sergeant list.
1
RESPONSE TO SPECIFIC GRAND JURY ITEMS
1. SHERIFF TO ESTABLISH PLAN
Unquestionably the best plan for promoting additional female and
minority officers is to continue our record of hiring at the Deputy Sheriff
entry level. Of 160 officers hired since January, 1988, slightly over 1/3
are female or minority. Since Sheriff Rainey took office in 1978, sworn
strength in the department has increased an overall 69%. In this same
time the number of female officers has increased by 226%, and minority
officers by over 300%. Within the constraints of the promotional process
these more recently hired minorities will eventually successfully compete
for promotional opportunities. We have seen this in the most recent
Sergeant's exam, which resulted in the promotion of four minority and
three female officers.
A second element of our plan includes encouraging minorities who
are qualified to compete for promotional opportunities. There is some
evidence that in the past female .and/or minorities did not apply for
promotion in proportionate numbers. To address this issue the Sheriff
has met with groups representing minority officers and urged these
organizations to "recruit" their members to apply for promotion.
Finally, the Sheriff will be establishing a Recruitment and Retention
Advisory Committee which will report directly to the Sheriff. One of the
primary assignments of this committee will be to consider practical means
for furthering Affirmative Action/Equal Employment Opportunity within
the department.
2. VALIDATED TESTS
As most departments, the Contra Costa County Sheriff's Department
uses a combination of a written test and oral interview for our Sergeant
examination. Both tests are developed and monitored through the
Personnel Department with input from the Sheriff's Department. With
regard to the issue of promotability for females and minorities, the
following points can be made:
(a) The current written test is comprised of a majority of items
from the abridged department manual. This test has been
used (with minor modifications and updates) for the past five
years. Unlike some promotional tests published in this field,
it provides candidates with a clear opportunity to study for
the test as far in advance as the candidate desires. The
"ability to study" component of this test can work to the
advantage of any persons or groups of persons who are
motivated to do well. In addition, the consistency of using a
similar testing device year after year allows candidates an
opportunity to "get used to" the process.
(b) Each year, the department puts together a small team of
command personnel to review and update the examination.
These persons are at the rank of Lieutenant and the group has
always included a female or minority member. The group's
instructions are to select items which a good supervisor should
be able to answer and which could distinguish superior from
non-superior supervisors. Questions of a "trivial" or difficult
to answer nature are eliminated. Results are considered from
2
previous exams to identify items which are too difficult or
confusing. These .recommendations are forwarded to the
Personnel Department, which has overall responsibility for the
test.
(c) The Sheriff requested and received permission to reduce the
weight of the written test from 50% to 30%. This decision was
based on the widely accepted premise that, in general,
minorities do less well on written examinations than on oral
interviews.
(d) Pass point setting for the written examination is done by the
Personnel Department with no input from the Sheriff's
Department. The pass point setting determines how many
candidates will be invited to the oral interview. It is known,
however, that affirmative action issues are considered by the
Personnel Department during the setting of the pass point.
(e) With regard to the oral interview, the Sheriff's Department is
generally asked to identify raters for the oral board. The
Department has been sensitive to the need for diversity in
panel members and always selects minority and female raters.
In fact, the Sergeant oral exams scheduled for July, 1991 will
have black, hispanic and female representation.
A formal validation of the Sergeant written or oral examination would
not be possible due to the relatively small number of promotions compared
to the numbers statistically required for a validation study.
3. DEVELOP POLICY.OF ROTATING ASSIGNMENTS
The first five years of a Deputy Sheriff's career are relatively
structured by labor contract and past practice. Within that five years,
a new Deputy will spend about 36 months in Detention "sandwiched"
around an 18-24 month Patrol assignment. Another option is for the
Deputy Sheriff to work the entire 36 months in Detention and then
transfer to Patrol.
In this regard the early rotation to Patrol (after 18 months in
Detention) is an innovation recently approved by the Sheriff to allow new
hires to experience both Patrol and Detention within their first three
years of employment. After one year in Patrol (which can occur between
2 1/2 and 4 years on the job depending on the option selected by the
employee), officers are eligible for specialty assignments. This minimum
amount of Patrol experience to qualify for specialized assignments is both
an operational necessity and the result of a labor agreement with the
Deputy Sheriff's Association.
The procedures for filling specialized assignments are very specific.
When an opening occurs, a department-wide announcement is distributed
requesting all qualified applicants to apply. A selection committee is
convened with designated members and a list of qualified candidates is
prepared for the Sheriff. The Sheriff makes all selections. The Sheriff
is very aware of the need for minority and female officers to be given the
opportunity to rotate to a variety of different assignments. As a result,
we have been very affirmative in our selection for specialized
assignments. On numerous occasions, the Sheriff has selected a minority
or female officer with less seniority than other candidates..
3
Minorities and females are well represented in every facet of the
Sheriff's Department. Minority and female officers work in contract
cities, narcotics, investigation, coroner and court services. It would be
difficult to further speed this process given (a) the need to have some
stability of assignment, (b) the requirement to consider all qualified
candidates for each and every selection, (c) the fact that over 80% of
Deputy Sheriff positions are either in the Patrol or Detention Divisions
and (d) the recent abolishment of over 20 specialized Deputy Sheriff
assignments when the Board of Supervisors directed.the civilianization
of those specialty assignments.
4. ORIENT PERSONS FOR PROMOTION
It is agreed that efforts are necessary to encourage all qualified
minority applicants to apply for the promotional process. With regard to
this need the Sheriff has met with representatives of both hispanic and
black officer associations to urge these associations to encourage their
members to apply for the current test. Study aides were also handed out
to all candidates with regard to basic skills in taking written tests and
oral interviews. More specific information regarding the test or test
questions would not be appropriate for distribution. The Sheriff plans
to continue his close work and association with department minority group
representatives.
4
GRAND JURY REPORT - ESCAPES
THE MARSH CREEK DETENTION FACILITY
#1. Utilitze Canine Patrols.
The Canine Patrol has been. in effect at the MCDF since September 1990
and will be discontinued effective Monday, January 15, 1991, due to the
opening of the West County Detention Facility. The Department has
implemented the security classification plan which removes major
unsentenced felon inmates from the facility into the higher security
resources of the MDF and the WCDF. These moves have been completed
effective July 12, 1991. Although the Canine Patrols were effective in
reducing escapes when present at the facility, the projected budget
reductions of the Department does not allow the Department to continue
this program. We have, however, made a request to the Board of
Supervisors to fund a Canine Patrol.
#2. Utilize "RAP" Sheets for Classification of Inmates.
The Department will continue, on a permanent basis, to utilize the
available criminal history in making its classification and assignment
decisions.
#3. Provide 24 Hour Medical Coverage at the MCDF
The Department strongly agrees and supports this recommendation. We
believe that it is an essential function that must be present to both assist
in classification decisions and to insure prompt medical care in case of
emergency. However, due to the budget situation of the County, such
medical care and screening has been terminated with the opening of the
WCDF. Be assured that the Department will continue to press this as we
believe that it is a vital component to properly manage our inmate
classification system.
THE MARTINEZ DETENTION FACILITY
R. Install Perimeter Security Equipment
The Department strongly agrees with this recommendation, and has, in
fact, requested such equipment in budgets submitted in prior years.
The request for funds for these measures has been forwarded to the
County Administrator, and we are awaiting approval for the funds
necessary for implementation. Be assured that the Department will
continue to press for installation of these vital security measures.
#2. The Department Continue to Study Improvements in Facility Security
The Department has studied and instituted the following security
measures:
A. Weekly training is being conducted with custody staff which
stresses security issues.
B. Courtyards are closed and off limits at 5:00 p.m.
C. Dead bolt locks have been installed on courtyard doors to prevent
lock tampering and access to the courtyards.
D. Several items have been removed from the modules which could be
used to aid an escape, primarily metal objects associated with
housekeeping and janitorial supplies.
GENERAL INFORMATION
Under the FINDINGS section of the Grand Jury Report, paragraph #1, references
the number of escapes which occurred from April 1990 to April 1991. On two
occasions multiple escapes occurred at the same time. Recognizing this situation,
it is more accurate to state that seven escape incidents occurred involving fifteen
inmates during the above dates.
Paragraph #3 references only one prior escape at the Martinez Detention Facility
since opening in 1981. During the first nine years of operation, several erroneous
releases occurred which would be considered an escape. In addition, other escapes
have occurred from both D and F modules where the courtyard screen was defeated.
On one occasion, a window in an F module inmate room was defeated, allowing for an
escape.
Contra Costa County Employees Association
_o MAILING ADDRESS — P.O.Box 222 MARTINEZ,CA 94553
r. 2 UNION HALL — 5034 BLUM ROAD,MARTINEZ,CA 94553
PHONE(415) 228-1600
RESPONSE TO THE GRAND JURY REPORT ON THE
COUNTY'S FIRST CHOICE HEALTH PLAN
by Henry L. Clarke
General Manager, Local #1
From April 29, 1987 to December 21, 1987 , the Labor/
Management/Labor Coalition on replacing Blue Cross met twenty-
nine times with Cisterman and his staff in developing the First
Choice Health Plan.
To the best of my memory, Consultant Bert Diamond was
instrumental in bringing in the Safeguard Dental Plan in 1985.
.. Therefore, when Cisterman and the Labor Health Coalition ran out
of options for replacing Blue Cross , it was only natural to
request Diamond's assistance in finding an alternative to Blue
Cross. It was Diamond who got us in touch with Stateco and the
Santa Clara Health Plan - it was Diamond who worked out the
arrangement to use the Foundation's panel of doctors! His
knowledge of what was available in the health plan field was
worth every penny he received in compensation.
The history of compensating consultants in the health plan area
is either a percentage of the premiums or the claims. The same
is true in regard to compensating the administrator of the plans .
THE UNION FOR PUBLIC EMPLOYEES
ORGANIZED 1941
Response to Grand Jury
Page 2
Both Stateco and Diamond were there when we only had 600
enrollees and three-quarters of them, retirees! Frankly, until
Cisterman asked Bert Diamond to assist us, the Labor Coalition
had just about given up hope of developing any replacement for
Blue Cross.
Maybe the administrator should have requested an adjustment for
Diamond and Stateco sooner than he did. However, the Labor
Coalition did not demand that the cost be adjusted any sooner.
We had suggested that the costs should be renegotiated, but we
did not go to the extent of appearing before the Board of
Supervisors and raising cane about the charges.
It is my understanding that the administrative costs charged by
Blue Cross was 11 percent of the premium; that Aetna's proposal
included 10 percent of premiums for administrative costs ,
compared to the 7 .5 percent charged by Stateco. To my knowledge,
Contra Costa County has never historically before considered a
fee arrangement as suggested by the Grand Jury. Compared to what
Blue Cross had charged before and the 10 percent proposed by
Aetna, Sta•teco' s 7 .5 percent represented almost 40 percent in
savings to the County.
,� s
Response to Grand Jury
Page 3
It is baffling to me how misinformed the Grand Jury was. For
instance, its report asserts that the First Choice Plan had "more
generous benefits" than the Santa Clara Plan. This statement is
completely wrong! Both plans pay 100 percent to Preferred
Providers Organization providers and 80 percent to Non-Preferred
Providers Organization providers! Also, the Grand Jury members
don't even know the difference between enrollees in the health
plan and participants in the plan.
The plan has 2,870 enrollees - not 4 ,400 - as the Grand Jury
reports. Probably, the 14, 1400 includes- the enrollees plus spouses
and dependents added together.
Finally, for the Grand Jury to state that the Personnel
Department management and "operating practices" need to be
reviewed is ironic to me. The members of the Grand Jury, or
whoever conducted the investigation of the First Choice Health
Plan and its development, certainly illustrates their
incompetency! They imply that the administrative costs were out
of line! Wrong! They were 3 .5 percent to 14 percent below
previous charges and Request for Proposals. (RFP) . Tney state
that First Choice was "more generous in benefits" than the Santa
Clara plan! Wrong -they are basically the same !
`IJ
Response to Grand Jury
Page 4
They assert that the County should not compensate the
administration and consultant on a percentage of claims. The
County has not paid on a flat-fee basis historically!
The Personnel Department , under the direction of Harry Cisterman,
hung in there , and with the. assistance of Diamond, came up with
the First Choice Plan. The Personnel Department has been
depleted, personnel-wise, to the point that it cannot even
replace the Chief of the Employee Relations division. When the
First Choice Plan was turned over to the Risk Manager in January
of 1991, it was a viable, stable health plan. That took
foresight and leadership, and Cisterman and his staff should be
recognized for the excellent management skills it took to bring
this about.
(HC0643)