HomeMy WebLinkAboutMINUTES - 06271995 - C83 C.83
BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA
Adopted this Order on June 27, 1995 by the following vote:
AYES: Supervisors, Rogers, Smith, -DeSaulnier, Torlakson, Bishop
NOES: None
ABSENT: None
ABSTAIN: None
SUBJECT: Grand Jury Report 95-08 Affirmative Action and
Grand Jury Report 95-10 Is the County Getting
It's Money's Worth?.
IT IS BY THE BOARD ORDERED that the Grand Jury Report 95-08 "Affirmative .
Action" and Grand Jury Report 95-10 "Is The County Getting It's Money's
Worth?" is REFERRED .to the County Administrator and the Internal Operations
Committee.
I hereby certify that this is a true and correct copy of
an action taken and entered on the minutes of the
Board of supervisors on the date shown
ATTESTED:
PHIL B+CHELOR,clerk of the Board
of supervisors and county Administrator
BY ` .Deputy
cc: CAO
Internal Operations Committee
Grand Jury
Affirmative Action
Contra Costa County
Pittsburg Preschool Coordinating Council, Incorporated
"is the County Getting its Money's Worth?"
CONCLUSIONS:
The 1994-95 Contra Costa County Grand Jury concludes that:
1. Not all of the duties of the Pittsburg Preschool Coordinating Council ("PPCC") Board of
Directors as defined in California Nonprofit Corporation Law (Section 5210) are being
carried out by the Board of Directors.
2. The PPCC Board of Directors is not providing adequate program oversight.
3. Although the County provides contractual and facilities support, there is no mechanism
for tracking contract performance. Such a tracking system is essential to determine
PPCC performance in fulfilling contractual obligations to the County.
4. The Board of Directors allows the Executive Director to make policy, program and
financial decisions, concerning County contracts, for the agency without Board
participation.
RECOMMENDATIONS:
The 1994-95 Contra Costa County Grand Jury makes the following recommendations:
1. Within 90 days, the Pittsburg Preschool Coordinating Council, Inc. ("PPCC") Board of
Directors comply with California Nonprofit Corporation Law (Section 5210)
requirements and exercise appropriate direction respecting County contracts.
2. Within 60 days, the Contra Costa County Board of Supervisors appoint an
independent review board to audit and review the financial expenditures and activities
of the PPCC with regards to the funding and contracts provided to the PPCC by the
County.
3. Within 90 days after establishment of the independent review board, the Contra Costa
County Board of Supervisors establish and implement procedures for future oversight
of PPCC contracts administered by the County.
COMMENTS:
The Pittsburg Preschool Coordinating Council ("PPCC") provides desperately needed services
in low income areas. It is the opinion of the Grand Jury that PPCC is dominated by the
Executive Director. The PPCC Board of Directors has not exercised the control they are
legally required to perform over County contracts.
Page 2
Contra Costa County
Pittsburg Preschool Coordinating Council, Incorporated
"is the County Getting its Money's Worth?"
FINDINGS:
The 1994-95 Contra Costa County Grand Jury finds that:
1. The Pittsburg Preschool Coordinating Council ("PPCC") is a non-profit community
based, tax-exempt agency primarily serving the low income community in Pittsburg.
2. Founded in january 1972 with two programs, it has grown to be a multi purpose
agency spending over one and one-half million dollars annually.
3. While starting as a child care program in Pittsburg, it is now operating 36 programs for
persons of all ages throughout Contra Costa County
4. PPCC funding sources include: The State Department of Education - Office of Child
Development; Contra Costa County contracts with the Health Services Department -
Social Service Department, Community Services Department and Housing Authority:
as well as Foundations, Corporations and individual contributors.
5. The Pittsburg Preschool Coordinating Council, Incorporated ("PPCC") is a nonprofit
organization governed by California Nonprofit Corporation Law.
The California Nonprofit Corporation Law (Section 5210) requires that "The activities
and affairs of a corporation shall be conducted and all corporate powers shall be
exercised by or under the direction of the board." The Board may delegate the
management of activities to any person or persons, "provided that the activities and
affairs of the corporation shall be managed and all corporate powers shall be
exercised under the ultimate direction of the board." (emphasis added).
6. All facilities used by the PPCC are owned by the County, on County property and are
leased to PPCC for $1.00 per year.
7. In Fiscal 93-94 the County administered contracts with PPCC totalling $640,000. (45
percent of total PPCC funding).
8. PPCC lacks a reporting mechanism for tracking the spending of County administered
contracts.
9. The PPCC Board of Directors does not review the contents of PPCC contracts with
Contra Costa County.
10. The PPCC Board of Directors appears to rely on the Executive Director for decisions
and directions concerning PPCC contracts with Contra Costa County.
Page 1
SECTION 933 (C) OF THE CALIFORNIA PENAL CODE
§933. Comments and Reports on Grand Jury
Recommendations.
(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 findines 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 impan-
eled grand jury, where it shall be maintained for a
minimum of five years. Leg.H. 1961 ch. 1284, 1963 ch.
674, 1974 chs. 393, 1396, 1977 chs. 107, 187, 1980 ch.
543, 1981 ch. 203, 1982 ch. 1408 §5, 1985 ch. 221 §1,
effective July 12, .1985, 1987 ch. 690 §1, 1988 ch. 1297.
Cross-References
Admissible evidence. Penal Code §939.6.
"Grand jury" defined. Penal Code §888.
Grand jury report to be based only on own investigation. Penal
Code §939.9.
F
A REPORT BY
THE 199495 CONTRA COSTA COUNTY GRAND JURY
1020 Ward Street
Martinez, CA 94553
(510)646-2345
Report No. 9510
Contra Costa County
PITTSBURG PRESCHOOL COORDINATING COUNCIL, INCORPORATED
'IS THE COUNTY GETTING ITS MONEY'S WORTH?"
Approved by the Grand Jury: l w
Date: CO I rJ �T.S j ClJ Irp
- L L 5�F
Clyde Parkhurst
Grand Jury Foreman
Accepted for Filing:
Date: (. I(G� \
-� John nDePoel
Judge the Superior Court
CONTRA COSTA COUNTY
"AFFIRMATIVE ACTION "
COMMENT:
Affirmative action is not the panacea for all of Contra Costa County's equal employment
problems, and the concern for, and perception of, affirmative action differs among citizens. The
policy of affirmative action allows positive steps to achieving equal employment opportunities
for everyone throughout Contra Costa County. This requires cooperation, dedication and
commitment from all government agencies and the citizens who live and work in Contra Costa
County.
Page 4
CONTRA COSTA COUNTY
"AFFIRMATIVE ACTION "
Conclusions continued...
4. Of the special districts reviewed by the Grand Jury, there appeared to be no commitment
but rather a disregard for the principles and policy of affirmative action. There is an
apparent need for more diversity in their labor forces. This could be accomplished by
making modifications in both hiring and promotional practices.
RECOMMENDATIONS:
The 1994-95 Contra Costa County Grand Jury recommends that:
1. The Contra Costa County government continue its efforts to make the labor force
representative of all the citizens in our diverse society.
2. Cities throughout the County continue to redefine and implement their affirmative action
programs.
3. The example of leadership and guidance in the establishment and implementation of
affirmative action programs in the cities of Pittsburg and Richmond should be
commended.
4. The City of Antioch's Police Department be observed as an example of the importance
of agencies and their administrators being committed to the principles of affirmative
action.
5. Within ninety (90) days the Board of Directors of each of Contra Costa County's
autonomous special districts (especially Antioch Unified School District and Delta Diablo
Sanitation District) examine the status of their affirmative action policies and procedures
with district staff. Upon complete examination, the special district's Board of Directors
move forward to create or update and implement an affirmative action program. A Board
of Directors which is committed to the principles of affirmative action will provide firm
guidance to their special district for hiring and promotional practices, resulting in a labor
force more realistically representing the ethnicity within the communities they serve.
Page 3
CONTRA COSTA COUNTY
"AFFIRMATIVE ACTION "
FINDINGS:
The 199495 Contra Costa County Grand Jury.finds that:
1. Contra Costa County has had great success in recruiting and hiring qualified employees.
The County Administrator has taken positive steps by appointing qualified minorities in
management level positions.
2. The cities.of Richmond and Pittsburg have comprehensive affirmative action programs
that have been successfully implemented.
3. The City of Antioch's Police Department is committed to hiring and promoting qualified
minorities
4. Of the special districts reviewed by the Grand Jury,.those which had written affirmative
action policies for their hiring and promotional guidelines, needed to have such policies
updated and then implemented. Two (2) special districts (Antioch Unified School District
and Delta Diablo Sanitation District) mistakenly thought they should be exempt from any
affirmative action policy or procedure. They are not.
CONCLUSIONS:
The 199495 Contra Costa County Grand Jury concludes that:
1. Overall, the County of Contra Costa has made enormous strides in promoting and
implementing successfully their affirmative action plan.
2. City Managers, in the cities reviewed by the Grand Jury, have expressed their continued
support for the principles of affirmative action. This is reinforced through their actual
promotional and hiring policies.
3. The Police Departments within the cities of Contra Costa County which were reviewed,
continue to promote and implement affirmative action policies. This is apparent in their
labor forces, as they are representative of the diverse ethnicity in the communities they
protect and serve.
Page 2
CONTRA COSTA COUNTY
"AFFIRMATIVE ACTION "
SUMMARY:
The 1994-1995 Contra Costa County Grand Jury received a number of inquiries from citizens
in the County regarding the status of Equal Employment Opportunity and Affirmative Action
Programs. Affirmative Action policy states that these programs are to be designed and
implemented by the County, the cities and the special districts within the County. In order to
determine if these programs existed and if they were effective, the Grand Jury requested and
reviewed affirmative action programs and their associated statistical evaluations from County
government; twelve (12) cities within the County and the Police Departments within these cities.
Also selected for review were several of the larger autonomous special districts.
INTRODUCTION:
Equal Employment Opportunity and Affirmative Action programs are required by the Federal
Government under Title VII of the Civil Rights Act of 1964. This act was amended by the Equal
Employment Opportunity Act of 1972, and applies to all County and City governments. Contra
Costa County has many autonomous special districts that are governed by either an elected or
appointed Board of Directors. They are public entities funded by public moneys and they
provide a specific service to communities within their districts. These special districts are
required to adhere to the Equal Employment Opportunity and Affirmative Action Programs
mandated by the Federal Government, as well as all other Federal laws to which the County and
.City government are subject, Le.: ,
-a. The Equal Pay Act of 1963.
b. The Age Discrimination Employment Act of 1967.
C. Title IX, Education Amendment Act of 1972.
d. The Rehabilitation Act of 1973.
e. Sections 2012 and 2014 of the Vietnam Era Veterans Readjustment Act of 1974.
The courts have also ruled that employment discrimination is prohibited by the:
a. Civil Rights Acts of 1866 and 1870.
b. Equal Protection Clause of the 14th Amendment to the Constitution of the United
States of America.
Page 1
SECTION 933 (C) OF THE CALIFORNIA PENAL CODE
§933. Comments and Reports on Grand Jury.
Recommendations.
(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 impan-
eled grand jury, where it shall be maintained for a
minimum of five years. Leg.H. 1961 ch. 1284, 1963 ch.
674, 1974 chs. 393, 1396, 1977 chs. 107, 187, 1980 ch.
543, 1981 ch. 203, 1982 ch. 1408 §5, 1985 ch. 221 §1,
effective July 12, 1985, 1987 ch. 690 §1, 1988 ch. 1297.
Cross-References
Admissible evidence. Penal Code §939.6.
"Grand jury" defined. Penal Code §888.
Grand jury report to be based only on own investigation. Penal
Code §939.9.
T
A REPORT BY
THE 199495 CONTRA COSTA COUNTY GRAND JURY
1020 Ward Street
Martinez, CA 94553
(510)646-2345 RECEIVED
Report No. 9 5 0 8 [:JUN1:161995
Contra Costa County CLERK BOARD OF SUPERVISORS
CONTRA COSTA CO.
°AFFIRMATIVE ACTION"
Approved7by;te G nd Jury:
"liDate: C� % 1
Parkhurst
Gran Jury Foreman
Accepted for Filing:
Date:
John . VanDePoel
Judg of the Superior Court