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HomeMy WebLinkAboutMINUTES - 06141994 - 1.69 -4 1 .69 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Order on June 14, 1994, by the following vote: AYES: Supervisors Smith, DeSaulnier, Torlakson and Bishop NOES: None ABSENT: Supervisor Powers ABSTAIN: None ------------------------------------------------------------------------------ ------------------------------------------------------------------------------ SUBJECT: Report No. 9408 of the 1993-91994 Contra Costa County Grand Jury IT IS BY THE BOARD ORDERED that Report 9408 of the 1993-1994 Contra Costa County Grand Jury on recommendations of and responses to the 1992-1993 Grand Jury Reports is REFERRED to the County Administrator. I hereby oertlfy that this is a true and correct copy of an action taken and entered on the minutes of the Board of Su on the date mown. ATTESTED: PHIL BAT ELOK Clerk of the Board of Supermls rs and County Administrator By =� Deputy cc: County Administrator County Counsel 1 . 69 A REPORT BY THE 1993-94 CONTRA COSTA COUNTY GRAND JURY 1020 Ward Street Martinez, CA 94553 (510) 646-2345 ECEN 0 R Report No. 9408 RECOMMENDATIONS OF AND RESPONSES TO 1992-93 GRAND JURY REPORTS Approved by the Grand Jury: Date: u t h M. Mullin Grand Jury Foreman A;e: pted fo Filing: D / - Richard E. Amason Judge of the Superior Court SECTION 933(c) OF THE CALIFORNIA PENAL CODE Sec. 933. Findings and recommendations; comment of governing bodies, elective officers, or agency heads. (c) No later than 90 days after the grand jury submits a final report on the operations of any public agency subject to its reviewing authority, the governing body of the public agency shall comment to the presiding judge of the superior court on the findings and recommendations pertaining to matters under the control of the governing body, and every 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 impaneled the grand jury. A copy of all responses to grand jury reports shall be placed on file with the clerk of the public agency and the office of the county clerk, or the mayor when applicable, and shall remain on file in those offices. One copy shall be placed on file with the applicable grand jury final report by, and in the control of the currently impaneled grand jury, where it shall be maintained for a minimum of five years. (Added by Stats. 1961, c. 1284, § 1. Amended by Stats. 1963, c. 674, § 1; Stats. 1974, c. 393, § 6; Stats. 1974, c. 1396, § 3; Stats. 1977, c. 107, § 6; Stats. 1977, c. 187, § 1; Stats. 1980, c. 543, § 1; Stats. 1981, c. 203, § 1; Stats. 1982, c. 1408, § 5; Stats. 1985, c. 221, § 1; Stats. 1987, c. 690, § 1; Stats. 1988, c. 1297, §5) Former § 933, added by Stats. 1982, c. 1408, § 6, amended by Stats. 1985,c. 221, § 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. INTRODUCTION: The Contra Costa County Grand Jury's primary role is to enhance the public's awareness of the activities of its local government and many special districts. To attain that goal, the Grand Jury publishes papers commenting on various aspects of governmental activities and offering r,ecommendations. In accordance with Section 933(c) of the California Penal Code, the governing body of a public agency or its designated administrator must respond to these recommendations to the presiding judge within ninety days. Elected officials must respond to recommendations within sixty days. These responses are a matter of public record. The recommendations and responses to the 1992-93 Grand Jury reports are included in this report. Analysis of Responses to Grand Jury Year Total Accept Accept/ Accept/ Non-response Reject As Modified Partial 1990-91 389 287 67 35 1991-92 75 43 9 2 1 20 1992-93 60 32 14 8 6 EXPLANATION OF CODE WORDS USED Code Word Meaning 1.Accept(A) Recommendation wastwill be implemented. 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 implemented and part was rejected and will not be implemented. 4.No Response(N) No response to the recommendation. 5.Non-response(NR) A response was received but did not adequately address the recommendation. 6.Reject(R) Recommendation will not be implemented. 1 Report Number Title Agency Status 9301 Hazardous Materials Board of Supervisors(BOS) Program Violates Public Trust Recommendation#1: Accept/As Modified Immediately relieve the Health Services Department of responsibility for implementation of Section 25500 of the Health and Safety Code. Response: "As noted in the attached Plan of Correction,the County Administrator has directed that an identified individual be assigned responsibility for accomplishing each of the responses to the eleven identified issues and to do so by specified date.The County Administrator has also directed that detailed sheets be prepared on each issue in order to provide the status, on a bi- weekly basis, of the progress toward accomplishing each of the identified objectives. We assume that underlying the Grand Jury's recommendation was the basic interest in getting the identified problems"fixed". At this time, it appears to the Board of Supervisors that satisfactory progress is being made on each of the identified issues. The bi-weekly meetings are continuing for the indefinite future. Whether it will eventually be necessary to remove the Hazardous Materials Programs from the Health Services Department will depend on the continued progress which is made in the coming months. It is important to note that the Hazardous Materials Programs need to be coordinated closely with Public Health and the general Environmental Health Programs." Recommendation#2: Accept/As Modified Immediately reassign the Hazardous Materials Division, on an Interim basis, to the office of the County Administrator pending a complete assessment of corrective actions necessary to bring the County into compliance with AB 2185. Response: "The County Administrator and Health Services Director will be responsible for continuing to assess the corrective actions which are necessary to bring the County into compliance with AB 2185. It appears that the important objective here is to give the identified problems a high priority for resolution,to develop a realistic action plan, and then to closely monitor progress toward achieving the identified objectives. We do not believe that an immediate organizational reassignment to the County Administrator's Office is necessary in order to achieve these objectives. The increased involvement of the County Administrator through bi-weekly meetings with Health Services staff and the on-going involvement of the County Administrator, who chairs the Hazardous Materials Council, are believed to be sufficient to insure rapid progress in resolving the identified problems. The County Administrator will continue to evaluate the need for any other organizational changes. The Board of Supervisors believes the progress which is being made, as is evidenced by the Plan of Correction, accomplishes the Grand Jury's underlying goal." Recommendation#3: Accept Immediately authorize new position, Director of Hazardous Materials, to be funded from AB 2185 revenues and direct the County Administrator to fill the position within sixty days of the authorization. Responsibilities of the Director of Hazardous Materials should include developing and instituting standard operating procedures supervise staff to insure the Hazardous Materials operations comply with all county and state mandates. Response: Accept 2 Recommendation#4: Accept/As Modified Concurrently, appoint a Hazardous Materials Task Force comprised of community, business, local government, and fire district representatives. The Task Force will evaluate organizational models including, but not limited to, decentralization, integration within local fire districts of inspection and emergency responses services as well as privatization of these services. a. Within 120 days of appointment,the Task Force present its recommendations for a proposed Area Plan and Inspection Plan to the Board of Supervisors. Funding required to support the Task Force to be paid from AB 2185 revenues. b. Within 30 days of receiving the recommendations of the Hazardous Materials Task Force, The Board of Supervisors approve the updated Area Plan and Inspection Plan and submit them to the State of California for certification. Response: "The Hazardous Materials Commission will be responsible for evaluating alternative organizational structures for the Hazardous Materials Division and for providing their recommendations to the Internal Operations Committee...' The Hazardous Materials Commission is also asked to consider the wisdom of making changes to the membership of the Commission in order to provide additional seats for individuals representing those communities which are most likely to be impacted by hazardous materials and hazardous waste releases and to report their conclusions and recommendations to the Internal Operations Committee. The Health Services Director will be responsible for insuring that the Area Plan and Inspection Plan are presented to the Hazardous Materials Commission for the Commission's review in a timely manner...." Recommendation#5: Accept Immediately establish a method for continuous monitoring of the performance of the Hazardous Materials Division to assure citizens of compliance with all county and state Hazardous Materials mandates. Response* Accept Report Number Title Agency Status 9302 Consultant costs- CCWD Contra Costa Water District CCWD Recommendation#1: Reject Within thirty days, adopt a policy prohibiting the hiring of retired members of the Board of Directors as paid consultants. Response: "The Board of Directors does not agree with this recommendation. It is the Board's position that there may be occasions where it is necessary, as a result of the unique experience, background, and other qualifications of an individual,that retention would be to the benefit of the CCWD for limited term. The Board has, however, directed staff to prepare an amendment to the Code of Regulations providing for specific criteria which would be considered with respect to the use of a former employee as a consultant. It is expected that the Board of Directors will consider an amendment to the Code of Regulations within the next 30 days. The policy will contain criteria to be used in 3 deciding on their qualifications for retention, requirements for a specific scope of work in the contracts, and a limit for the contract." Recommendation#2: Accept Within thirty days, amend its policy to include a specific justifiable time limit in the use of former employees as consultants. RespQ ses: Accept Recommendation#3: Accept Within thirty days, develop implement a policy to insure that all consultant contracts be specific in scope of service. Response: Accept Recommendation#4: Accept , Direct the Internal Auditor to immediately include in his examination all consulting expenses. Response: Accept Recommendation#5: Reject Immediately comply with its own Code of Ethics. Response: "The Board of Directors disagrees with the premise of this recommendation. It is the opinion of the Board of Directors that they are in compliance with the CCWD Code of Ethics and no action is required." Recommendation#6: Reject Immediately exercise its option to terminate the contracts of the two consultants. Res oto nse: "The 1992-93 contracts for Messrs. Devito and Randall expired June 30, 1993. The 1993-94 contracts will be considered by the Board of Directors in the immediate future. The Board's decision with respect to either will be consistent with the policy direction set forth in Recommendations No. 1 and 2 herein...." Report Number Title Agency Status 9303 Summary Report Of Responses to the 1992-93 Grand Jury Reports No recommendations were made. Report Number Title Agency Status 9304 The Need for Managerial BOS Audits in Contra Costa County Recommendation#1: Non-response Within six months, establish a Management Audit Program that insures that monies expended will result in a net saving to the county. 4 13� onse: "This response is accepted. The Board of Supervisors is in favor of management audits if by management audits the Grand Jury has in mind the fixing of the purpose of a department or program, agreeing on a set of objectives and measurable outcomes and then periodically reviewing the progress of the department or program in achieving each of the agreed-upon objectives. On April 22,1993, the Board of Supervisors adopted the ...guidelines for a Performance-Based Budget,which includes the identification of the 3-5 most important measurable service outcomes and performance standards for each department. In addition,Performance Objectives should be adopted for each department, these Performance Objectives include the identified service outcomes and performance standards, but also include other management objectives, such as affirmative action and the delivery of courteous service to the public. The formulation of such a Performance-Based Budget and the periodic review of the extent of , the extent to which the Performance Objectives are being achieved in each department is the essence of the type of management audit which we believe the Grand Jury has in mind...." Recommendation#2: Accept The recommendations of the Management Audit Program should be made to the highest possible level of responsibility. Response: Accept Report Number Title Agency Status 9305 Process Used to Inform BOS Voters of Proposed Benefit Assessments R-commendation#1: Accept The Board of Supervisors immediately adopt a policy that requires the presentation of complete information concerning protests of assessments that can be imposed without a vote of the people. This proposed policy should include mailings, press releases and any other avenue used by the Board of Supervisors in providing information to the voters. EL=onse: Accept Report Number Title Agency Status 9306 Status of the County BOS Fleet Management Recommendation #1: Accept Direct Fleet Management to complete a study to measure the saving that would be realized by its owning all county vehicles and leasing them to the various general-funded departments. The study should incorporate departments being charged on a depreciation schedule that would allow savings over the life of individual vehicles for replacement costs. The study should be completed before January 1994. 5 Response: Accept Recommendation#2: Accept/As modified "Require that Fleet Management costs be compared, on an ongoing basis, to private garages, and when similar services can be provided by private vendors at less cost,work be let out by contract based on the lowest responsible bid." Response: "Currently, some of the fleet Management work is contracted out. Engine and transmission overhauls, large welding jobs, body work, and radiator recores are contracted out. Cost comparisons will continue to be made. Any further contracting out of work is a"meet and confer" process with the employee organization. Furthermore, Government Code 31000, regarding contracting out of maintenance, must be considered.... Sheriff patrol vehicles and public works equipment receive top priority from Fleet Management. We cannot be assured of meeting the same priority, particularly on an emergency basis, if the services for these vehicles are contracted out." Recommendation#3: Accept Explore more efficient assignment of tasks such as having mechanics assigned to service similar make vehicles on a routine basis rather than rotating assignments based on arrival of vehicles. Response: Accept Recommendation#4: Accept Enjoin Fleet Management to expedite installation of the new computer program for record maintenance. Response* Accept Recommendation#5: Accept/As Modified Acknowledged experts should be engaged to consult with Architectural Services in the design of the new garage to insure inclusion of all recent advances made in garage architecture. Plans for the new garage should incorporate planning for the growth of the County's fleet needs for the next 20 years. Response: "The Architectural Services Division has been working on a pre-design for a new Fleet Service Center in the event that the Shell Avenue Corporation Yard is sold. A new facility will be based on available funding. A new Shop will be combined with Building Maintenance, offering economies of scale by having the two General Services divisions co-located to the fueling facility." Recommendation#6: Accept Expedite planning and construction of the garage to increase efficiency and cost-effectiveness of the Fleet Management. Response: Accept Recommendation#7: Accept Establish industry-based standards of productivity for Fleet Management mechanics. Response: Accept Recommendation#8: Accept 6 Explore alternative providers for the routine oil change and service of vehicles by Fleet Management mechanics. Response: Accept Report Number Title Agency Status 9307 Contra Costa County BOS Alternative Defender Office(ADO) Recommendation#1: Accept Continue its support and overseeing of the Alternative Defender Office of the Public Defender. Response: Accept Recommendation#2: Reject Evaluate granting official departmental status to the ADO. Response: "Departmental status is contrary to the concept of an Alternate Defender Office. The ADO must be part of the Public Defender's Office and organized pursuant to guidelines established by relevant case law." Recommendation#3: Accept Require the monitoring of case decisions arising out of ADO-defended cases, either in this county or elsewhere in the state. Response: Accept Report Number Title Agency Status 9309 Management of Pittsburg Pittsburg Police Department City Council Recommendation#1: Accept The City Manager and the Chief of Police aggressively enforce Policy#86.001 to ensure that all employees have a clear understanding of how to report sexual harassment complaints without fear of retaliation; and to protect employees against sexual harassment. Reaponse: Accept Recommendation#2: Accept The City Manager and the Chief of Police immediately apply to the Commission on Police Officers Standards and Training(POST) for an in-depth management study. Response: Accept Recommendation#3: Accept The City Manager direct the Chief of Police to complete the implementation of the Career Development Program. Response: Accept 7 Recommendation#4: Non-response The City Manager immediately develop a formal contract with the Management Consultant that outlines expectations and time frames for specific projects. *Require a monthly progress report on specific projects. Res onset Non-response Recommendation#5: Accept Within 90 Days the City Manager review and evaluate Police Department Policies and Procedures. Res o� Accept Recommendation#6: Non-response , Within 90 days the City Manager put in place a system to enforce compliance with these Policies and Procedures. Response:nse: Non-response Recommendation#7: Accept/As Modified Within 90 days the City Manager re-open and aggressively pursue follow-up on cases involving drug-buy money and narcotics. Response* "The Grand Jury's recommendation on"Drug Buy" cases was to vague to answer specifically. However,we would like to reiterate the City aggressively pursues any evidence of illegal conduct on the part of employees." Recommendation#8: Non-response Within 90 days the City Manager require the Chief of Police to submit written monthly, quarterly and annual reports to the-City Manager. Response* Non-response Recommendation#9: Non-response The Chief of Police require monthly, quarterly and annual written reports from each Division Commander. Respnse: Non-response Recommendation#10: Non-response The Chief of Police immediately create a retrieval system for all memos and documents, including requests, suggestions, concerns and complaints. In addition, a written response,when appropriate, should be directed to the originator. Response: Non-response Recommendation#11: Non-response Within 90 days,the Chief of Police require accountability and follow-up for the handling of search warrants. Response: Non-response 8 Recommendation#12: Accept Within 90 days, the Chief of Police require that a support services supervisor be readily available for support services staff. Response:nse: Accept Recommendation#13: Non-response The Chief of Police hold quarterly meetings with support services staff. Response* Non-response Report Number Title Agency Status 9310 KPMG Peat Marwick County Administrator Audit Report Recommendation: Accept The County Administrator work with the Auditor/Controller to insure the timely completion of the Comprehensive Annual Financial Report. If necessary,the assignment of additional personnel should be considered to assist in accomplishing its timely completion. Response: Accept Report Number Title Agency Status 9311 Use of Inmate Welfare Fund County Sheriff Recommendation#1: Accept Immediately remove three Sheriff Department employees from the Inmate Welfare Fund Committee. Response:nse: Accept Recommendation#2: Accept/As Modified Within the next 90 days recruit and select both a Municipal and a Superior Court Judge to serve on the Inmate Welfare Fund Committee. Responses "Request the Municipal and Superior Courts to participate on the Inmate Welfare Fund Committee and, if willing to do so, to take such steps as are necessary to insure that no conflict of interest would arise from a participating judge hearing any future litigation involving the propriety of any expenditure from the Inmate Welfare Fund." Recommendation#3: Accept/As Modified Through the offices of Friends Outside or a similar organization, begin a recruiting process to find two former inmates to serve on the Inmate Welfare Fund Committee. The recruitment and selection of new members should be completed within 120 days. Response: "The Sheriff will add one former inmate as a member of the Inmate Welfare Fund Committee when one can be identified. The director of Friends Outside advised that Friends Outside has been trying for more than 10 years to find a former inmate to serve on their board, without 9 success. The Sheriff will, however, continue to recruit such an individual. The Board suggests that the Sheriff recruit jointly with Friends Outside for former inmates who may wish to either serve on Friends Outside's Board of Directors or serve on the Inmate Welfare Fund Committee. The Sheriff is requested to discuss with the Municipal and Superior Courts ways in which the Bench could encourage former inmates to participate on the Inmate Welfare Fund Committee." Recommendation#4: Accept/As Modified Immediately establish an on-going system of review with the County Counsel's office to assure the Committee that future purchases are the sole benefit, education, and welfare of the inmates of the County facilities. Res nse: The County Counsel's Office is not able to review all Inmate Welfare Fund purchases. The Sheriff will refer any questionable expenditures for Count Counsel review." Recommendation#5: Accept/As Modified Immediately stop the use of Inmate Welfare Funds for facility maintenance. Response: The acknowledges that the Sheriff believed that the expenditures were consistent with the intent of State law. The Board agrees that the proceeds of the Inmate Welfare Fund should be used for the welfare of the inmates. The Board believes that where equipment or supplies are either destroyed by inmates or have worn out because of use by inmates, and funds do not otherwise exist to replace the equipment or supplies, expenditures from the Inmate Welfare Fund for replacements are appropriate. All future uses of the Inmate Welfare Fund will conform to State law in existence at the time of the expenditure." Recommendation#6: Accept Within 60 days design, promote, and institute a formal method for inmate suggestions to be forwarded for consideration by the Inmate Welfare Fund Committee. The system should include a process for decisions made by the Committee to be communicated back to the inmate making the suggestion. Response: Accept Recommendation#7: Accept Through proper over-sight and supervision, be certain the.Committee is following its own policies and procedures governing meetings, posting of minutes, and capital purchases. Response: Accept Report Number Title Agency Status 9312 Contra Costa County's BOS Merit System Recommendation#1: Accept Within 60 days, require the County Administrator: A. Identify for the Board all provisions of the respective Memoranda of Understanding which are now in conflict with the Merit System's Personnel Management Regulations. B. Resolve the identified conflicts by recommending 10 to the Board whether the PMR should prevail or be amended to accommodate the existing provision within the MOU. * Decision criteria should include: (a) complying with merit principles, (b) maintaining management prerogatives, and (c) serving the public interest. Response: Accept Recommendation#2: Accept Resolve that in the future, provisions of the PMR and MOU shall be in agreement. *Direct the County Administrator to incorporate the recommended resolution in all Memoranda of Understanding at the tome of future contract negotiations with the respective unions. esnonse: Accept Recommendation#3: Accept Immediately agree to utilization of PMR 1701 to make any amendments to the PMR, giving notice and voting in public session. Response: Accept Report Number Title Agency Status 9313 City of Concord Board of Directors Redevelopment Agency Concord Redevelopment Agency Recommendation#1: Accept Direct the Agency to compile a report for each completed project which would include, but not limited to the following: a. Projected vs. actual expenditures. b. Projected vs. actual revenues. c. Evaluation as to whether anticipated goals were met. d. The value of the project to the community. e. Evaluation as to whether the project is meeting current debt service. Response: Accept Recommendation#2: Accept These reports should be made available to the Board of Directors,the Agency's Advisory Committee and the public. Response: Accept Recommendation#3: Accept These reports should be accessible on a current basis and compiled in an annual report. Response: Accept 11 Report Number Title Agency Status 9314 Threat to the Grand BOS Jury Process Recommendation#1: Reject Accept the proposed $107,800 1993-93 Grand Budget. Response: "On Friday, July 30, the Board of Supervisors adopted the final 1993-94 County budget which included Phase II budget deficit cuts of$29 million. In June Phase I cuts related to the budget were 20.5 million....Therefore, because of the County's draconian fiscal situation and the need for all agencies to make the most out of scarce fiscal and human resources,the County Administrators Office had to recommend to the Board of Supervisors a Grand Jury budget for FY 1993-94 of$55,429,the same as the approved budget for the previous year. No other funs could be found to allocate for this purpose. We do, however, recognize the important role that the Grand Jury plays in the democratic process and we shall do our best to assist the Grand Jury to accomplish that mission. We are prepared to request the County Administrator to review with the Grand Jury at mid-year status of its budget and recommend appropriate adjustments to its budget." Recommendation#2: Accept Reaffirm the policy that Grand Jury.members will receive compensation and will be reimbursed for mileage and meal expenses at the same rate as county employees. Response: Accept Report Number Title Agency Status 9315 Fire Protection BOS Personnel Costs Recommendation#1: Accept/As Modified Not agree to any labor contract that contains a formula which ties employee salaries to an index which is beyond the control of the Board and which does not contain a maximum allowable increase in salary either yearly or during the life of the contract. Response: "The Board of Supervisors should be cautious about entering into any multi-year contracts which include formulas unless the formula includes a "cap" on the amount of the increase which is permitted or a revenue source is identified to cover the potential increase in costs. The Grand Jury recommendation is understood. However, unilateral action by the County cannot be implemented. The Grand Jury recommendations have merit and are being pursued through the formal meet and confer process as part of an overall package regarding compensation and working conditions." Recommendation#2: Accepted/As Modified Eliminate in future contracts clauses that provide premium pay for work that is not, in fact, performed. Response: "It is clearly in the best interest of the taxpayer that on-call or premium pay not be provided for in a contract. If such provisions are included in future.contracts, there should be an overriding public interest which justifies the inclusion of such provisions in the contract. 12 The Grand Jury recommendation is understood. However, unilateral action by the County cannot be implemented. The Grand Jury recommendations have merit and are being pursued through formal meet and conifer process as part of an overall package regarding compensation and working conditions." Recommendation#3: Accepted/As Modified Restore to management the responsibility and the authority to establish prudent staffing requirements. Res op nse: "Management has continuously retained the responsibility and the authority to establish prudent staffing patterns. The establishment of management performance standards and evaluations should focus on establishing what are appropriate staffing patterns. The Grand Jury recommendation is understood. However, unilateral action by the County cannot be implemented. The Grand Jury recommendations have merit and are being pursued through formal meet and confer process as part of an overall package regarding compensation and working conditions." Recommendation#4: Reject Consider the County's present financial crisis an emergency as defined in Government Code 3504.5, and pass a resolution to immediately and unilaterally reduce wages, benefits, and present minimum staffing requirements while continuing to provide an adequate level of fire protection and emergency medical services to the public. Response: 'The Grand Jury recommendation is understood. However, unilateral action by the County cannot be implemented. The Grand Jury recommendations have merit and are being pursued through formal meet and confer process as part of an overall package regarding compensation and wonting conditions. All of the Grand Jury's suggestion have merit. However,the Board of Supervisors is obligated by State law to meet and confer in good faith on these issues. If, after the completion of the meet and confer process, an MOU with an employee organization representing fire service personnel includes any of the provisions identified by the Grand Jury as ones which should be not included in MOU's, a written explanation of the rationale for the inclusion of the item will be released by the Board of Supervisors at the time the MOU is approved by the Board of Supervisors." Report Number Title Agency Status 9316 Detention Facilities County Sheriffs Inspection Department and the General Services' Department Recommendation#1: Accept The Sheriff and Chiefs of Police continue to comply with State standards. Response: Accept Recommendation#2: Agree/As Modified The Director of GSD declare the Ranch an off-site facility, as permitted by Government Code 33000, in order to have repairs performed by independent contractors. 13 . , Responses "Unacceptable time lags for completion of maintenance and repairs are not a result of lack of expertise in the General Services Department but rather from a lack of funding. This lack of funding precludes contracting for services, even if contracting were preferred. Nonetheless, a Gontract has been entered into with a service company to respond to emergency plumbing requests. The Sheriffs Department receives top priority for services, along with Juvenile Hall and the Courts....However, maintenance problems involving capital improvements will not be completely resolved until funding becomes available." RECOMMENDATION: The 1993-94 Contra Costa County Grand Jury recommends to the 1994-95 Grand Jury that the recommendations and responses to the 1993-94 Jury be included in its annual report so that the public will be aware of the recent opinions and actions of their local government. This action will also serve to provide continuity between juries and assure that responses to Grand Jury reports will be publicly available. 14