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HomeMy WebLinkAboutMINUTES - 03231993 - 1.66 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Order on March 23,. 1993 , by the following vote: AYES: Supervisors Powers, Bishop, McPeak, Torlakson NOES: None ABSENT: Supervisors Smith ABSTAIN: None ------------------------------------------------------------------ ------------------------------------------------------------------ SUBJECT: Summary Report of Responses to the 1991-92 Grand Jury Reports The Board received report No. 9303 dated March 3 , 1993 , from the 1992-1993 Contra Costa County Grand Jury Foreman entitled Summary Report of Responses to the 1991-92 Grand Jury Reports. IT IS BY THE BOARD ORDERED that the aforementioned report is REFERRED to the Internal Operations Committee and the County Administrator. I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of th9 Boar!of Supervis rs on the date shown. ATTESTED. r 7' . PHIL BATCHELOR.Clerk of the Board of Superyisors and County Administrator cc: County Administrator Grand Jury Foreman Bq � / ,Deputy Internal Operations Committee �. 60 A REPORT BY THE 1992-93 CONTRA COSTA COUNTY GRAND JURY 1020 Ward Street Martinez, CA 94553 (510) 646-2345 R ECEIVED R 12 1993 RD OFSUPERVISORc CONTRA COSTA Co. Report No. 9303 Summary Report of Responses to the 1991-92 Grand Jury Reports Approved by the Grand Jury: Date: 1poe .9.�r Annemarie Goldstein Grand Jury Foreman Accepted for Filing: Date: Richard S. Flier Judge of the Superior Court SECTION 933 (c) OF THE CALIFORNIA PENAL, CODE Sec. 933. Findings and recommendations; com— ment of governing bodies, elective officers, or age=_= heads '(c) Nolater than 90 days after the pand jury submits a final report on the operations of any public a4;ency subject to its reviewing authority, the governing body of the public agency shall comment to the presiding judge of the superior court on the findings and recommendations pertaining to matters under the control of the governing body, and every elective county officer or as'ncy head for which the grand jury has responsibility pursuant to Section 914.1 shall comment within 60 days to the presiding judge of the superior court,with an information copy sent to the board of supervisors,on the findings and recommendations pertaining to matters under the control of that county officer or agency head and any agency or agencies which that officer or agency head supervises or controls. In any city and county, the mayor shall also comment on the findings and recommendations. All such comments and reports shall forthwith be submitted to the presiding judge of the superior court who impan- eled the grand jury. A copy of all responses to grand jury reports shall be placed on file with the cleric of the public agency and the ofnce of the county cleric, or the mayor when applicable, and shall remain on file in those offices. One copy shall be placed on file with the applicable grand jury final report by, and in the control of the currently impaneled grand jury, where it shall be maintained for a minimum of five years. (Addend by Stam 1961, c 1284, § 1. Amended by Stats 1963, c 674, § 1. Sra=1974, c 393, § 6.- Stars1974, c 1396, § 3, Stats 197 7, c 107, § 6; Stars 1977, c 187, § 1. Stats 1980, c 543, § 1; Stam 1981, c 203, § 1. Stars 1982 c 1408, § S; Stats 1985, c 221, § 1; Stam 1987, c 690, § 1; Stats 1988, c 1297, § 5.) Former § 933, added by Scats.198'_? c 1:03. § 6, amended by Stam 1985.c."1.§ 2,operative Jan. 1. 1989.was repealed by Stats.1987, c. 690, § 2. Former § 933, added by Stats.1959, C. 501. § 2. was repealed by Stats.1959. c. 1812. § 3. Recommendations of and Responses to Grand Jury Reports The principal role of County Grand Juries is to increase public awareness of activities of local government and its many special districts. When a Grand Jury publishes a report, the governing body of a public agency or its designated administrator, in accordance with Section 933(C) of the California Penal Code, must respond within ninety days to the presiding judge to the recommendations of the report. Elected officials are required to respond within sixty days. These responses are a matter of public record The recommendations of and responses to the 1991-92 Grand Jury reports are included in this report as well as a summary total of the 1990-91 Jury reports. The 1992-93 Grand Jury strongly recommends that the recommendations and responses of the previous jury be included in its annual report so that the public will be aware of recent opinions and actions of their local government. Analysis of Responses to Grand Jury Recommendations Year Total Accepted Accepted as Modified Accepted/Partial Non-response Rejected 1990-91 389 287 67 Not Available Not Available 35 1991-92 75 43 9 2 1 20 EXPLANATION OF CODE WORDS USED Code Word Meaning 1.Accept(A) Recommendation was/will be carried out. 2.Accept/As Modified (AM) Essence of recommendation was agreed to,but was/will be implemented in a different manner. 3.Accept/Partial (AP) Part of the recommendation was accepted and was/will be acted upon and part was rejected and will not be done. 4. No Response(N) No response to recommendation. 5. Reject-(R) Recommendation will not be implemented. Report Number Title Al!ency Status 9201 Contra Costa Water District(CCWD) CCWD Misuse of Public Funds Recommendation#1 Accept The Contra Costa Water District Board of Directors inform the California Fair Political Practices Commission of the survey and its circumstances. Recommendation #2 Accept The Contra Costa Water District General Nlanagcr consider appropriate disciplinary action concerning the District employees involved, with appropriate action to recover funds paid for the su rvev. 1 Recommendation#3 Accept (A) The Contra Costa Water District General Manager institute a system of controls consistent with existing procedures that will prevent employees from originating, authorizing and approving payment for work of any type without written description of work to be done and substantiation of work done by contractors. These controls should be implemented within one!month, and should be verified by the District internal auditor. Report Number Title Agency Status 9202 Investment Practices of the Town of Danville Recommendation#1 Reject (R) Reorganize the Finance Department to achieve a clear separation of investment and accounting functions within 30 days. Response(R) "Duties in the Finance department are clearly identified and segregated within budget resource limitations according to function to prevent any overlap. The department is organized according to generally accepted principles as promulgated by the Federal Municipal Finance Officer's Association and the California Municipal Treasurer's Association. Over the past nine years, three independent audit firms have given the Town unqualified audit reports and have made no negative comments concerning internal control. No organizational changes are planned." Recommendation#2 Accept/Partial (PA) Establish a mechanism within 30 days whereby consultation between responsible ,personnel is required before investment decisions are committed or brokerage accounts are opened or closed. Response(AP) "According to the CMTA, tine Treasurer or official acting in that capacity is responsible for the `review of (a) financial institution's financial condition, (b) safety liquidity, and potential yields of investment instruments, and (c) reputation and financial condition of investment brokers' and approval of all investment transactions. The Financial Services Manager has been performing this function since 1985, has returned an above marker:yield each year and the Town has experienced no losses due to fraud or poor investment decisions. To require consultation with `responsible' personnel could encumber a function that frequently depends on prompt decisions to take advantage of market opportunities. Staff, however, will establish with the Council's Finance Committee procedures for opening and closing brokerage accounts and will consider establishment of a threshold dollar level requiring approval of the Town Manager before investment decisions are made." Recommendation#3 Accept (A) Establish within 30 days a formal reporting of the status of investments on a regular basis for approval of the Town Council. This report should include disclosures,of transaction activity. Recoaunendation#4 Accept (A) Within 10 days, establish that security insurance provided by brokerage firms is sufficient to cover investments held in each account. Recommendation#5 Reject (R) Obtain within 10 days an adequate individual surety bond for the employee performing the treasury function. Response (R) "Staff will review the prevailing practices and recommend any appropriate actions to the Council." Recommendation#6 Reject Establish a self-administered internal audit program to conduct random audits focused upon investment activities within 60 days. Response(R) "The Town lacks the staff to administer such a program. In fact, no municipality in Contra Costa County has an internal audit staff. The Town's independent auditors, however, conduct.a thorough external audit of investment practices twice a year." Recommendation#7 Accept Rewrite the Town's Investment Policy within 90 days to specifically set forth the responsibilities, controls,procedures and reports essential for managing investments. Recommendation#8 Reject Discontinue immediately the practice of lending funds for private purposes. Response(R) "The Town currently loans$250,000 each to the Town Manager and City Attorney. Interest payments are based on the rate received by the Town in its LATE* account. The loans are secured by deeds of trust and must be repaid at the time the individuals leave Town employment. Such loans are common practice in local government. They help to insure that key executives reside in the community in which they work. In addition, they have become part of a competitive compensation package for attracting and retaining key executives. In Danville, the practice began when the first Town Manager was retained in 1983 and was continued when the incumbent was hired in April 1988. It was extended to the City Attorney in September 1988. Nearly one-half of the cities in Contra Costa County have some sort of housing assistance for their City Managers. If this assistance takes the form of housing allowances, higher salaries or other fringe benefits, the cost to the Town is increased. The housing assistance provision is part of each executive's employment agreement. The City Attorney has stated that the housing assistance loans per se are not discriminatory. Since this offer affects the author of this report directly, no recommendation is made." *Local Agency Investment Fund Recommendation#9 Reject Discontinue the practice of waiving interest on a loan. Response(R) "In January 1990, the Town entered into a bank loan and a companion loan arrangement with the Child Care Alliance whereby the Alliance received $250,000 to be repaid in ten years at the rate of $25,000 per year. At the end of the loan term, the Alliance is obligated to repay all interest paid by the Town on its loan with the Bank of San Ramon in excess of 550,000. The bank loan was the source of the money for the Town's loan to the Alliance,and is secured by the Child Care Fund. In.essence, the $50,000 `forgiveness' represents the difference in interest terns between the Bank/Town loan and the Town/Alliance loan and is the Town's contrit�ution to the project. With the proceeds of the loan, the Alliance has installed two day care centers,one at Green Valley School and one at Montair. The Alliance loan directly addresses the public purpose of providing quality child care facilities at school sites, allowing two-earner families to continue working to support their families, deals with the issue of latch key children, and provides a host of other benefits 6) society. There being a clear public purpose to the loan, the interest forgiveness clause(in reality in interest deduction) does not constitute a gift of public funds." 3 Report Number Title Agency Status 9203 County Sick Leave Program Bd. of Supervisors Recommendation#1 Accept Establish a new written sick leave policy within this fiscal year Recommendation#2 Accept Provide managers, on a regular basis, documentation of the sick leave usage of each person under their supervision. Recommendation#3 Accept Require managers to emphasize their interest and concern about sick leave during regularly scheduled meetings with their staff. Recommendation#4 Accept Compel that an evaluation of sick leave usage be a factor in the employees' performance review. Report Number Title Agency Status 9204 Voting Process County Clerk/Recorder Recommendation#1 Accept Continue efforts which have resulted in a smoothly functioning voting process and continue innovative efforts for further mechanization of the process. Report Number Title Agency Status 9205 Apparent Misuse of Bond Funds CCWD Recommendation#1 Accept The District General Manager and the Board of Directors adopt and implement ,policies and procedures applying bond spending restrictions within two months. Recommendation#2 Reject The District General Manager immediately have an independent auditor review all spending against bond issues to identify all improper procedures within two months. Response(R) "Employees involved in the use of bond funds have received training regarding the appropriate expenditures of bond proceeds. Los Vaqueros Project staff review invoices for appropriateness prior to authorizing payment. As an additional control, the Project accountant in the Finance Department reviews all approved Los Vaqueros invoices for any apparent irregularities." Recommendation#3 Accept The District General Manager transfer all improperly spent bond proceeds to the proper accounts within two months. 4 Report Number Title Agency Status 9206 Replacement Merrithew Hospital Bd.of Supervisors Recommendation#1 Accept The Health Services Administration, the County Administrator and the Board of Supervisors continue to operate in the manner so ably demonstrated by their diligence and professional competence toward the goal of providing health care to those who most need these services. Report Number Title Agency Status 9207 Apparent Conflict of Interest,CCWD CCWD Recommendation#1 Accept The Contra Costa Water District Board of Directors inform the California Fair Political Practices Commission of this report and those matters which are the subject of the findings of the Grand Jury. Recommendation#2 Accept The Contra Costa Water District Board of Directors immediately adopt procedures to assure compliance with Section 87103 of the California Government Code. Report Number Title Agency Status 9208 Juvenile Hall Facilities Board of Supervisors Recommendation#1 Accept/Modified Within one month appoint one person with appropriate authority to lead and coordinate all efforts to replace or renovate Juvenile Hall. Alternate sources of funding should be evaluated. These could include: Bonds, County redevelopment funds, financing and lease-back by the Public Facilities Corporation,private corporations that could provide financing on a lease/purchase arrangement. Response(AM) "On April 7 the Board of Supervisors referred to its Internal Operations Committee the establishment of a Juvenile Hall replacement planning program. The Board also asked its Finance Committee to review issues related to financing the planning process or the construction funding alternatives. The County Administrator will lead and coordinate all efforts to replace or renovate Juvenile Hall following the Board's review of its committee recommendations and subsequent direction." Recommendation#2 Accept/Modified Within two months authorize an analysis of remodeling versus replacement to determine the best course of action. This analysis is to be completed within six months. Response(AM) "Matters concerning replacement or renovation of Juvenile Hall have been referred to the Board's Internal Operations and Finance Committee." 5 I Report Number Title Agency Status 9210 Summary Report of Responses to 1990-91 Grand Jury Reports Recommendation#1 Accept/Modified Establish a computerized database to provide for and facilitate tracking of recommendations, responsible agencies and officials, transmittal dates, responses, dates due and receipt and type of response. Response(AM) "The 1992-93 Grand Jury accents the Grand Jury's recommendation. We are in the process of looking into options for forming and maintaining a database at the County's data processing center. If financing is available,a working database could be in place within the year." Report Number Title Agency Status 9211 Travel Expenses—CCWD CCWD Recommendation#1 Accept The Contra Costa Water District Internal Auditor again review travel expenses by July 1992 to determine current performance. Recommendation#2 Reject Review by the Contra Costa Water District Internal Auditor be broadened to examine the justification for trips and include verification and reporting of associated costs such as Directors' fees and registration fees. Response(R) "...The Internal Auditor's report released in July 1991 addresses CCWD travel expenses. The report primarily identifies indiscretions of the former General Manager, not the Board of Directors. Directors' fees are considered a payroll expense rather than a travel expense and are therefore not reported as a cost of travel. Registration at conventions is included in the employee's travel authorization request which is approved by the employee's supervisor prior to the travel..." Report plumber Title Agency Status 9212 CCWD Board of Directors Interfere with District Operation CCWD Recommendation#1 Accept/Modified The Board of Directors clearly define the difference between making policy and operating the District. Response(AM) "The Board of Directors appoints the General Manager,District Secretary, and Internal Auditor of the District (Section 2.04.020 (D), District Code of Regulations). The administrative responsibility for each individual is specifically set forth in class specifications. The General Manager's responsibility is to `plan, direct and review the activities of the District'. The General Manager is responsible for the administration of the District consistent with Board policy. A copy of the class specification for General Manager is enclosed." 6 Recommendation#2 Accept/Modified The Board of Directors immediately adhere to the policy they have established and allow the staff to operate District business without Board interference. Response(AM) "It is the intention of the Board of Directors to continue to let the interim General Manager,and the new General Manager,when appointed, be responsible for the administration of District activities, consistent with his/her responsibilities as set forth in the class specification." Report Number Title Agency Status 9214 Juvenile Hall Population County Probation Officer Recommendation#1 Accept/Modified Determine the causes of failure of the"early release"procedure to control the population and make the procedure workable. Response(AM) "...In order to `make the procedure work' an alternative residential program for minors lacking parental supervision, but who are otherwise `releasable' could reduce the population by 24 youth. Also needed are home supervision/home arrest staff and additional custody intake staff to effectuate release and alternatives to detention. It is unlikely that funds will be available for additional Probation Department resources this fiscal year..." Recommendation#2 Accept Develop and improve procedures to expedite placement or transfer of detainees. Recommendation#3 Accept Assess the economic aspects of using additional permanent staff as opposed to routinely using temporary or part-time employees(often involving overtime costs). Report Number Title Agency Status 9215 Juvenile Hall Riot of November 16, 1991 County Probation Officer Recommendation#1 Accept/Modified Require at least one skilled and well trained permanent supervisor be on duty at the Hall at all times. This should be implemented immediately. Response(AM) "Staff assigned to supervise Juvenile Hall are skilled and well trained. This recommendation has been implemented except for temporary relief due to illness." Recommendation#2 Accept Hold quarterly training drills with Hall supervisors and other personnel to make sure procedures to be followed in emergencies such as riots,escapes and loss of keys are thoroughly understood. Recommendation#3 Accept Determine the highest ratio of temporary to permanent staff that can be tolerated to safely operate the Hall,and establish procedures to ensure compliance. 7 Report Number Title Agency Status 9216 Employees' Retirement Association CERA Investment Policies/Obligations Recommendation#1 Accept Continue to closely monitor the performance of the money managers. Recommendation#2 Accept Institute a procedure within 3 months whereby assessments of real estate and foreign currency investments are currently recorded. Recommendation#3 Accept Develop criteria within 3 months for screening the accuracy of the information provided to the actuary. Report Number Title Agency Status 9217 External Audit of Contra Costa County County Auditor/Controller Recommendation#1 Accept Modify and improve procedures to eliminate the need for substantive year-end, pre-audit adjustments. Any and all necessary closing adjustments or consolidations should be performed prior to commencement of the 1991-92 audit. Recommendation#2 Accept Insure timely reconciliation of all bank accounts. Use appropriate source documents to support accounting entries. Report Number Title Agency Status 9218 A Hazardous Admixture of Detainees in Juvenile Hall County Probation Officer Recommendation#1 Accepted/Modified . The 1991-92 Grand Jury recommends that the County Probation Officer prepare a plan to ensure the separation of violence-prone detainees from the rest of the Hall population. Response(AM) "...Violence-prone residents tend to be the older more sophisticated delinquents. The majority of these are housed separately on the Diablo living unit. Occasionally pressures of high population preclude this separation. The facility has three other living units, one for mid-range boys, a coed unit,and a unit for more disturbed youth. There is a need for a high security unit using an available module,but funding is not available at this time. "Every effort is made to properly classify and house residents according to their need and the safety of others,including the residents' propensity toward violence. "Refer the issue of the location of violence-prone detainees to the Internal Operations Committee." 8 Report Number Title Agency Status 9219 Redevelopment Agency Debt Redevelopment Agencies See table below Recommendation#1 For each redevelopment project, each Redevelopment Agency inform taxpayers in its District how much property tax is to be diverted from the cities, the County and Special Districts within the Redevelopment Area,and what measures are being taken to mitigate the loss of revenue. Recommendation#2 Each Redevelopment Agency within Contra Costa County establish a citizens' advisory committee to assist its Board of Directors in analyzing projects and their effect. N.B.Responses are a matter of public record and are available on request. Agency Recommendation #1 Recommendation #2 Antioch Reject Reject Brentwood Accept Accept Clayton Non-response Reject Concord Reject Accept Contra Costa County Accept Accept Danville Accept/Partial Reject EI Cerrito Reject Accept Hercules Reject Accept Pinole Accept Accept Pittsburg Accept Accept Pleasant Hill Reject Accept Richmond Reject Accept San Pablo Reject Reject San Ramon Reject Accept Walnut Creek Reject Accept Report Number Title Agency Status 9220 Conditions of Detention Facilities CCC Sheriff Recommendation#1 Accept The Sheriff continue efforts to reduce overcrowding at Martinez Detention Facility. Recommendation#2 Accept The County Probation Officer compile and evaluate statistics on assaults on staff at the Hall. Recommendation#3 Accept/Modified The County Probation Officer provide the services described in the Ranch Orientation Packet. Response(AM) "Services provided to residents are designed to equip them with skills and knowledge necessary to he a successful member of society. Changes to programs offered result from several factors, such as a program being replaced by a better one,a new program is added, a program is dropped because it is no longer adequate or participation is low, an outside resource no longer provides a program or funding grants expire. The Probation Department continually seeks new resources and programs that maximize graduates' chances for success upon release." 9