HomeMy WebLinkAboutMINUTES - 07111995 - C98 C.98
BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA
Adopted'this Order on July 11, 1995 by the following vote:
AYES: Supervisors Rogers, Smith, DeSaulnier, Torlakson, Bishop
NOES: None
ABSENT: None
ABSTAIN: None
SUBJECT: Grand Jury Report 95-11, Public Recreation programs - Fingerprinting
"Protect the Children"
IT IS BY THE BOARD ORDERED that Grand Jury Report No. 95-11 be REFERRED
to the County Administrator and the Internal Operations Committee.
1 hereby certify that this is a true and correct copy of
an action taken and entered on the minutes of the
Board of Supervi ore on the date shown.
ATTESTED.
PHIL CH OR,C1 rk of the Board
Of supervisors and County Administrator
cc: County Administrator ,Deputy
Internal Operations Committee
Grand Jury
-- RECEIVED
JUN 2 8 1995
CLERK BOARD OF SUPERVISORS
CONTRA COSTA CO.
A REPORT BY
THE 1994-95 CONTRA COSTA COUNTY GRAND JURY
1020 Ward Street
Martinez, CA 94553
(510)646-2345
Report No. 9511
Contra Costa County
PUBLIC RECREATION PROGRAMS - FINGERPRINTING
°PROTECT THE CHILDREN"
Approved by the Grand Jury: II �}--
Date: co cl(E—I)
Clyde Parkhurst
Grand Jury Foreman
Accepted for Filing:
Date: � � 1c.�5 �
*ud
nDePoel
e Superior Court
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 pertairang 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.
CONTRA COSTA COUNTY
PUBLIC RECREATION PROGRAMS - FINGERPRINTING
"PROTECT THE CHILDREN"
INTRODUCTION:
On September 28, 1992, the Governor signed Assembly Bill No. 2986, Chapter 1097, an act
to add Section 10911.5 to the Education Code, relating to public recreation programs.
It became effective January 1, 1993. It reads in part:
10911.5(a) Commencing with January 1, 1993, every public recreation program
employer shall require each employee having direct contact with minors to
immediately submit, or in the case of a new employee, to submit on or before the first
day of his or her employment, one set of fingerprints to the Department of Justice.
This requirement is a condition of employment.
10911.5(b) For the purpose of this section "public recreation program employee'
means a public recreation program that is exempt from licensure pursuant to
subdivision (g) of Section 1596.792 of the Health and Safety Code.
This bill requires the State Department of Justice furnish a criminal record summary of the
new employee, if found, to the public recreation program employer.
AB 2986 requires the State to reimburse local agencies and school districts for certain costs
mandated by the State.
The Contra Costa County Grand Jury investigated a random sampling totalling approximately
50 percent of Contra Costa city agencies to verify compliance with these regulations.
FINDINGS:
The 1994-95 Contra Costa County Grand Jury finds that:
1. Some cities in Contra Costa County have failed to comply with this law.
2. The following cities were out of compliance:
A) Antioch.
B) Brentwood.
C) Pittsburg.
D) Richmond.
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CONTRA COSTA COUNTY
PUBLIC RECREATION PROGRAMS - FINGERPRINTING
"PROTECT THE CHILDREN"
Findings continued...
3. A seminar addressing AB 2986 was conducted by the California Park and Recreation
Society in the latter part of January 1995.
4. Of the cities the Grand Jury reviewed, the Public recreation program employers were
not aware of the requirements of this law.
5. Of the cities the Grand Jury reviewed, city attorneys or risk managers of the non-
compliant cities had not provided information and/or guidelines to the public
recreation program employees.
CONCLUSIONS:
The 1994-95 Contra Costa County Grand Jury concludes that:
1. It has been two years since this regulation became law and several cities in Contra
Costa County still do not comply.
2. As soon as they became aware of their non-compliant status, the cities of Pittsburg
and Richmond submitted and implemented a well prepared plan of compliance and
implementation.
RECOMMENDATIONS:
The 1994-95 Contra Costa County Grand Jury recommends that:
1. Within 60 days, all cities and public recreation program employers review and modify
their employment policies to comply with the law (AB 2986) that affects working with
minors.
2. Within 60 days, Risk managers and public recreation program employers immediately
re-examine, interpret and clarify city policies and practices to bring them into
compliance with State laws which affect any activities when working with minors,
including AB2986. Advice of City Attorneys may be necessary.
COMMENTS:
Many of the cities contacted claimed ignorance of this law. Ignorance of the law is not a
valid excuse for non-compliance.
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