HomeMy WebLinkAboutMINUTES - 06081993 - IO.8 TO: BOARD OF SUPERVISORS 1.0.-8
Contra
FROM: INTERNAL OPERATIONS COMMITTEE ;; f Costa
AJ;S
County
May 24, 1993 -_
DATE: rI U.
SUBJECT: RESPONSE TO GRAND JURY REPORT ENTITLED: SUMMARY REPORT OF
RESPONSES TO THE . 1991-92 GRAND JURY REPORTS
SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION
RECOMMENDATIONS:
1 . ACCEPT this report from the Internal Operations Committee and
CONCUR that no response to the subject Grand Jury Report is
required.
2 . Remove this item as a referral to our Committee.
BACKGROUND:
The subject report from the 1992-93 Grand Jury was referred to our
Committee. The Report contains all of the recommendations which
were made by the 1991-92 Grand Jury and summarizes the response
made by each agency to which a report was directed. The 1992-93
Grand Jury included no additional recommendations for action by any
agency. When our Committee reviewed this report with the 1992-93
Grand Jury on May 24, 1993, the Grand Jury agreed that it had not
been their intent that any response be made to this report. The
Grand Jury simply wanted to insure that all of the responses made
last year to various Grand Jury reports were a matter of public
record. - No further action by the Board of Supervisors is required.
CONTINUED ON ATTACHMENT: YES SIGNATURE:
RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOAWcESMITH
APPROVE OT
SIG,NATURE(S): _
SUNNE WRIGHT McPEAK
ACTION OF BOARD ON dui 9 1419 APPROVED AS RECOMMENDED OTHER
VOTE OF SUPERVISORS
I HEREBY CERTIFY THAT THIS IS A TRUE
UNANIMOUS(ABSENT ) AND CORRECT COPY OF AN ACTION TAKEN
AYES: NOES: AND ENTERED ON THE MINUTES OF THE BOARD
ABSENT: ABSTAIN: OF SUPERVISORS ON THE DATE SHOWN. C/
ATTESTED <
Contact: PHIL BATCHOOR.CLERK OF THE BOARD OF
CC: County Administrator SUPERVISORS AND COUNTY ADMINISTRATOR
County Counsel
Foreman, 1992-93 Grand Jury
BY DEPUTY
A REPORT BY
THE 1992-93 CONTRA COSTA COUNTY GRAND JURY
1020 Ward Street
Martinez, CA 94553
(510) 646-2345 RECEIVED
MAR 1 2 1993
CLERK BOARD OF SUFE .: ;)RE. ;
CONTR,� co.- t
Report No. 9303
Summary Report of Responses
to the 1991-92 Grand Jury Reports
Approved by the Grand Jury:
Date:,3/Y1Qv .9.�r
Annemarie Goldstein
Grand Jury Foreman
Accepted for Filing:
Date:
Richard S. Flier
Judge of the Superior Court
i
SECTION 933 (c) OF THE CALIFORNIA PENAL CODE
Sec. 933. Findings and recommendations; com—
ment of governing bodies, elective officers,
or agency heads
(c) No Inter than 90 days after the end jury submits
a final report on the operations of any public agency
subject to its reviewing authority, the governing body of
the public agency shall comment to the presiding judge of
the supezor court on the findings and recommendations
pertaining to matters under the control of the governing
body, and evcv elective county officer or agency head for
which the grand jury has responsibility pursuant to
Section 914.1 shall comment within 60 days to the
presiding judge of the superior court,with an information
copy sent to the board of supervisors,on the findings and
recommendations pertaining to matters under the control
of that county officer or agency head and any agency or
agencies which that officer or agency head supervises or
.controls. In any city and county, the mayor shall also
comment on the findings and recommendations. All
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 office 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, when it shall be
maintained for a rntnirnum of five years. (Added by
Stan 1961, c 1284, § 1. Amended by Stats 1963, c 674,
§ 1; Sran.1974, c.393, § 6. Stats1974, c 1396, § 3,
Srau 1977, c 107, § 6: Stars 1977,,:c 187 § 1: Scats. _
1980, c 543, § 1. Stasi 1981, c 203, § 1; Stars-198Z c
1408, § 5,- Stam1985, c 221, § 1; Srau 1987, c 690,
§ 1; Stats 1988, c 1197 § 5.)
Former § 933. added by Smm l98=, a 1:03. § 6, arnended by
Stats1985.c''.1.§ 2.operative Jan. 1. 1989,was repealed by Stam.1987,
c. 690. § 2.
Fonar. § 933. added by Stats 1959, e 501. § 2, was repealed by
Stau.1959. c. isl2. § 3.
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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(0) 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 ojpubUc 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
I.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 Agency 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 Manager consider appropriate disciplinary action
concerning the District employees involved, with appropriate action to recover funds paid. for the
su rycv.
1
Recommendation 113 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 continents concerning internal control. No organizational changes are planned."
Recommendation 1/2 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, the 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 market 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 disclosuresof transaction activity.
Recommendation N4 Accept(A)
Within 10 days, establish that security insurance provided by brokerage firms is sufficient to cover
investments held in each account.
Recommendation/i5 Reject (R)
Obtain within 10 days an adequate individual surety bond for the employee perfor-ming the treasury
function.
Response (R) "Staff will review the prevailing practices and recommend any appropriate actions
to the Council."
Recommendation#G 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 S250,000 each to the Town Manager and City Attorney.
Interest payments are based on the rate received by the Town in its LAIF• 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 S250,000 to be repaid in
ten years at the rate of 525,000 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 S50,000.
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 S50,000 `forgiveness' represents the difference in interest terms
between the Bank/Town loan and the Town/Alliance loan and is the Town's contribution 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 to society. There being a clear public purpose to the loan, the interest forgiveness
clause(in reality an interest deduction) docs not constitute a gift of public funds."
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Report Number Title A?-eney Status
9203 County Sick Leave Program Bd. of Supervisors
Recommendation 91 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 Vaqperos 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.
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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 42 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."
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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 accepts 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 Number 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."
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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.
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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."
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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 ser%ices described in the Ranch Orientation Packet.
Response(AM)
"Services provided to residents are designed to equip them with skills and knowledge necessary to
be 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."
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