TABLE OF CONTENTS

TABLE OF CONTENTS GENERAL INFORMATION Photograph of Grand Jury The Grand Jury Oath Foremans Letter to Judge Grand Jury Officers Organizational Chart Superior Court Year in Review ADMINISTRATION AND AUDIT COMMITTEE Photograph of Committee Mission Statement Kern County Return to Work Program Parks and Recreation Department CITIES AND SERVICES COMMITTEE Photograph of Committee Mission Statement City of Arvin City of Bakersfield City of California City City of Delano City of Maricopa City of McFarland City of Ridgecrest City of Shafter City of Taft City of Tehachapi City of Wasco 1

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TABLE OF CONTENTS
CONTINUITY AND TRACKING COMMITTEE Photograph of Committee Mission Statement Continuity and Tracking Review EDIT AND FINAL REPORT Photograph of Committee Mission Statement Final Report Members Members of the Grand Jury Signatures HEALTH, EDUCATION AND SOCIAL SERVICES Photograph of Committee Mission Statement A. Miriam Jamison Childrens Center Kern County Emergency Medical Services Response Response Kern County Law Library Kern County School Districts and School Report Kern County School Districts Trustees Compensation Southern Kern Unified School District Response Teen Courts Use of Steroids in the Schools Response LAW AND JUSTICE Photograph of Committee Mission Statement Bear Valley Springs Police Department Response Camp Erwin Owen Kern County Sheriffs Department Coroner Division Response Kern County Sheriff Kern Valley Substation

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TABLE OF CONTENTS
LAW AND JUSTICE Kern County Sheriffs Property Room Response Response Mesa Verde Community Correctional Facility North Kern State Prison Taft Correctional Institution PUBLIC RELATIONS AND RECRUITING Photograph of Committee Mission Statement Special Awards List Special Certificates List SPECIAL DISTRICTS Photograph of Committee Mission Statement Arsenic in Drinking Water Kern River Valley Cemetery Special District Lamont Public Utility District Response Mountain Meadow Community Service District North Edwards Water District Special Districts Survey West Side Recreation and Parks District AD HOC Photograph of Committee Mission Statement Kern County Children and Families Commission COUNTY DIRECTORY List of County Departments List of Superior Courts AH-1 CD-1 CD-3

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KERN COUNTY GRAND JURY 2001 - 2002

GRAND JURORS OATH

THE FOLLOWING OATH IS ADMINISTERED TO GRAND JURORS

I DO SOLEMNLY SWEAR (AFFIRM) THAT I WILL SUPPORT THE CONSTITUTION OF THE UNITED STATES AND OF THE STATE OF CALIFORNIA, AND ALL LAWS MADE PURSUANT TO AND IN COMFORMITY THEREWITH, WILL DILIGENTLY INQUIRE INTO, AND TRUE PRESENTMENT MAKE, OF ALL PUBLIC OFFENSES AGAINST THE PEOPLE OF THIS STATE, COMMITTED OR TRIABLE WITHIN THIS COUNTY, OF WHICH THE GRAND JURY SHALL HAVE OR CAN OBTAIN LEGAL EVIDENCE. FURTHER, I WILL NOT DISCLOSE ANY EVIDENCE BROUGHT BEFORE THE GRAND JURY, NOR ANYTHING WHICH I OR ANY OTHER GRAND JUROR MAY SAY, NOR THE MANNER IN WHICH I OR ANY OTHER GRAND JUROR MAY HAVE VOTED ON ANY MATTER BEFORE THE GRAND JURY. I WILL KEEP THE CHARGE THAT WILL BE GIVEN TO ME BY THE COURT.
(SECTION 911, PENAL CODE, AMENDED JUNE 2, 1983)

GRAND JURY OFFICERS

Richard L. Rutherford FOREMAN

Evelyn A. Baxter FOREWOMAN PRO TEM

Elaine S. Hiatt SECRETARY

Glen A. Jackson SGT.-AT-ARMS

Raymond A. Rowland PARLIAMENTARIAN

Anthony W. Noce ASST. SGT.-AT-ARMS

2001-2002 GRAND JURY O RGANIZATIONAL C HART

FOREMAN
Richard L. Rutherford FO

Foreman

FOREWOMAN PRO TEM

Evelyn A. Baxter

SERGEANT-AT-ARMS
Glen A. Jackson

ASSISTANT SERGEANT-AT-ARMS
Anthony W. Noce

RECORDING SECRETARY
Elaine S. Hiatt

PARLIAMENTARIAN
Raymond A. Rowland

ADMINISTRATION & AUDIT COMMITTEE

Thomas H. Hardy - Chairman

LAW & JUSTICE COMMITTEE

Frank K. Johnson - Chairman

CITIES & SERVICES COMMITTEE

Edwardo O. Ahumada - Chairman

HEALTH, EDUCATION & SOCIAL SERVICES

Anthony W. Noce - Chairman

CONTINUITY & TRACKING COMMITTEE

Raymond A. Rowland - Chairman

EDIT/FINAL REPORT COMMITTEE

Elaine S. Hiatt - Chairwoman

PUBLIC RELATIONS & RECRUITING COMMITTEE

Barbara M. Sabovich - Chairwoman

SPECIAL DISTRICTS COMMITTEE

Charles C. Wright - Chairman

AD HOC COMMITTEE
Evelyn A. Baxter - Chairwoman
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SUPERIOR COURT OF CALIFORNIA County of Kern

ARTHUR E. WALLACE Presiding Judge Superior Court of California County of Kern

TERRY McNALLY Court Executive Officer

KAY BEAVERS Judicial Secretary to Presiding Judge

DEANNA P. MAXWELL Sr. Secretary / Grand Jury

The 2001-2002 Grand Jury Year In Review

It takes a while for a new Grand Jury to become a cohesive unit and this Grand Jury was no exception. The Grand Jury is made up of nineteen people who, for the most part, are strangers to one another, primarily senior citizens who live in different parts of the county, and have worked in many diverse fields. This years appointees brought many talents to the Grand Jury from the fields of education, finance, business, human services, public relations, law enforcement, and private enterprise. The 2001-2002 Grand Jury would like to thank and commend the Superior Court for the addition of a full time secretary. This has helped immeasurably in carrying out the work of this year and has allowed the Jurors to devote much more of their time to the tasks of investigating and report writing. By September, 2001, the Grand Jury was immersed in committee work and like all Americans was stunned by the tragedy of September 11th. However, just as it strengthened the resolve of our fellow Americans, so were we. As citizens of our County and our Country we were determined to do our part in making a difference, if at all possible, in bringing to light some of the problems facing our particular part of the world. During our year of service we realized how dependent our system of government is on not only our elected and appointed officials, but also those who volunteer. There are those who sit on boards of tax supported special districts, school boards, commissions, and other agencies. In some cases these dedicated people receive little or no pay and very little recognition, but without them our government could not function. As Grand Jury members we are charged with making sure that all of these officials are carrying out the duties of their offices and that the citizens can be assured that their tax dollars are being properly spent. Unfortunately, many of these people are not made aware of their duties, obligations, and responsibilities. It would seem that in too many cases the lack of proper training and education on policy and procedures has led to disaster. We have seen the results of bad city government, poor decisions by school boards, lack of oversight regarding special districts, and a general disregard for the well being of the entity which they serve. Failures that the Grand Jury has observed are: Failure to follow adopted policy and keep proper records as needed Failure to understand and observe the provisions of the Brown Act Too much delegation of authority over the expenditure of public funds with insufficient controls by the board Failure to allow proper public participation at board meetings Failure of board members to avail themselves of proper training in their duties and responsibilities Failure of boards to insist on proper training of all board members Failure to conduct meetings in proper form following Roberts Rules of Order Failure to use the services of attorneys at meetings

This is not to say that we are indicting all districts, all school boards, all commissions, and all agencies. Quite the contrary! We were gratified to find that the large majority of our elected and non-elected officials are hard working and truly dedicated to doing their very best. Through many hours of meetings, discussions, debates, inquiries, investigations, indictments, and hearings, we came together and achieved as a group what none of us could do as an individual. Each of the following Final Reports is the result of the work of this Grand Jury and it is our wish that you read them carefully. We tried to always keep in mind that our duty was to put the best interests of the County of Kern and all of its citizens first. Thank you for the opportunity to do so. ELAINE S. HIATT, Editor 2001-2002 Grand Jury Members of the 2001-2002 Grand Jury FINAL REPORTS ISSUED___34______ CITIZENS COMPLAINTS ANSWERED____88______

ADMINISTRATION AND AUDIT COMMITTEE

THOMAS H. HARDY Chairman EVELYN A. BAXTER ELAINE S. HIATT

MISSION STATEMENT ADMINISTRATION & AUDIT COMMITTEE

The Administration and Audit Committee is responsible for reviewing and overseeing County Departments in their management, performance, and execution of fiscal responsibilities to the County of Kern taxpayer. The Committee investigates complaints from citizens who allege managerial or fiscal irresponsibility. Also, an extensive amount of time was spent assisting other Grand Jury Committees with managerial and fiscal matters. The following pages reflect many hours of interviews, reading, discussion, researching, and writings to compile as accurate a view as possible of the county functions that the Committee addressed. The reports cannot capture all of the peripheral sources and effort that individuals made to help the Committee understand and appreciate the whole picture of local government and where each department contributes to the success of the county as a whole. While other county operations could have also been high-lighted in these reports, time did not permit the kind of in-depth review and analysis that seems necessary in order to present a balanced view of their contributions. The Committees mission has been to improve working conditions, financial accountability, and better management for the benefit and gain of the county, its employees, and the taxpayers.

KERN COUNTY RETURN TO WORK PROGRAM

PURPOSE OF INQUIRY: The Administration & Audit Committee of the 2001-2002 Kern County Grand Jury initiated an investigation based on a citizen complaint. That investigation was pursuant to Penal Code Sections 925 and 933 and was conducted through interviews with various staff from County Counsel, Personnel Department, Kern County Employees Retirement Association (KCERA), Parks and Recreation Department, and Roads Department. The committee conducted a review of the Kern County Administrative Procedures Manual, Disability Retirement Law of 1937, along with other applicable laws and regulations. BACKGROUND: In November, 1995, the Kern County Administrative Procedures Manual was modified to establish a Return to Work Policy tied to Workers Compensation. It established specific responsibility and reporting requirements relating to Temporary Limited Duty Program and Modified Work Program/Alternate Work Program where an employee who sustained a work related injury is placed back into the work flow in a timely manner. The policy provides employees who have suffered occupational injuries, which temporarily limit their ability to perform normal job duties, with temporary limited duty assignments within the department or another department. The Policy also provides reasonable accommodation to employees who are permanently incapacitated for the performance of their job duties (whether or not the disability is job related), with modified or available alternate work which is within their medical restrictions and for which they are qualified. If not qualified, vocational training is also available. Prior to 1995, the only Return to Work Policy addressed was in the County Employees Retirement Law of 1937, which addressed the compensation for employees who are established as being a Qualified Injured Worker (QIW) determined by the KCERA Board. The QIW can receive full disability retirement and augmentation of any salary differences when the worker accepts another position with the county at lower pay. Currently there are eleven individuals who are receiving augmented salaries. An employee may decline an offer of alternate/modified work assignment and take full disability. However, California law has a provision that the county would not provide vocational rehabilitation. FINDINGS: The cost for worker disability payments was $12,068,000 for calendar year 2001. This cost continues to climb, however, the percent of increase has decreased in recent years.

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The Return to Work Program is very fragmented. The County of Kern Return to Work Policy excludes employees with non-work related injuries from participation in a temporary limited duty program. Personnel Action Committee (PAC) lacks sufficient authority to administer a Return to Work Program. Departments perceive that the process to replace injured workers is cumbersome and time consuming. Employees perceive favoritism plays a role in where alternate work is offered by the department. Employee is not sufficiently involved in the process. Personnel Action Committee, chaired by Risk Management, requires medical evidence that a county employees injury is permanent and stationary to be considered QIW and eligible for assistance. However, the QIW, in order to receive any augmented salary differences, must first make application and be granted Disability Retirement by the KCERA Board. The Board also requires independent medical evidence that the injury is permanent and stationary. Alternate Work Eligibility List (Civil Service Rule 504), is not clear and has not been universally accepted. As an example there is no priority placement of QIW over other candidates for a county position addressed. COMMENTS: All individuals interviewed agree that county employees are great assets to the county and should be protected. They are 100% behind the Return to Work program philosophy, however, some find it very cumbersome to meet their respective mission requirements. The 2001-2002 Kern County Grand Jury feel that updating the existing policy to clarify the Countys position by giving more authority and responsibility to the PAC would enhance the efficiency of the County of Kern manpower resources.

RECOMMENDATIONS: Include employees with non-work related injuries in the temporary limited duty program. Adopt the Integrated Disability and Absence Management Pilot Program by incorporating it within the Return to Work Policy.

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A Return to Work Coordinator should be established in writing by the department heads. Authorization will be on file in Risk Management and displayed within the respective departments. The designated individual would work closely with the employee and Risk Management until resolution is obtained. This written authorization will increase opportunities for injured employee input/involvement/agreement with proposed options for continued employment within the county. Include a member on the PAC committee who can act for the KCERA Board, which would bring continuity to the process, saving county time and funds. Authorize PAC to determine and administer a placement plan for permanently injured employees applicable to both modified and alternate work and provide for a training period (if necessary) to allow receiving department to determine employees competence in the new position. This will provide an opportunity for an employee to improve original placement during the year. In conjunction with coordinating Civil Service Rules, clarify the use and purpose of Alternate Work Eligibility lists for permanently disabled employees qualified to perform other jobs for the County and establish priority of those lists. RESPONSE REQUIRED: WITHIN 90 DAYS TO PRESIDING JUDGE KERN COUNTY SUPERIOR COURT 1415 TRUXTUN AVENUE BAKERSFIELD, CA 93301

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PARKS AND RECREATION DEPARTMENT

PURPOSE OF INQUIRY: The Administration & Audit Committee of the 2001-2002 Kern County Grand Jury initiated an investigation of Kern County Public Buildings, which are within the Parks and Recreation Department. These buildings include Veterans, Senior Centers, Community Buildings, and Recreation Buildings. The Committee received written complaints; an investigation was initiated pursuant to Penal Code Sections 925 and 933. BACKGROUND: Effective July 1, 1952, the Kern County Recreation and Cultural Commission was consolidated with the Kern County Parks Department; this established the Kern County Parks and Recreation Department. At that time, there were 24 local parks, 2 golf courses, and 6 general parks maintained by a staff of 64 permanent employees. Currently, the Department administers 40 neighborhood parks, 8 regional parks, and performs landscape maintenance at 76 county buildings. Additionally, it administers the use of 26 public buildings and 3 county golf courses. The Kern County Public Buildings were transferred to the Parks and Recreation Department from General Services in 1993. The General Services Department at the time of the transfer had a staff of 32 permanent and extra-help building services workers, and 3 supervision building services workers. Parks and Recreation Department operated the same facilities with a staffing of 19 permanent and extra help building service workers and did not have a supervision building services worker until 3 years later. FINDINGS: There is no county policy regarding nepotism. However, in the Public Buildings Section there is a supervisor who has direct supervision over family members. Full time employees have worked scheduled qualifying hours for shift differential pay but were not compensated. The department stated this would be corrected in the future by having extra help work these hours, thereby avoiding shift differential pay. Employee time cards were changed without being initialed by authorizing supervisors approval. All employee performance evaluations were not discussed in person when an employee is located off site. Travel cost and supervisors time have been a deterrent to all performance evaluations being conducted in person.

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COMMENTS: The findings indicate that the culture of the Public Buildings Section is affecting line staff employees. The Grand Jury is of the opinion that county employees are a great asset to the county. They should be properly recognized. Since the committees review the following procedures have been initiated: All time card changes are to be initialed by approving authority. All employee performance evaluations are to be in person. RECOMMENDATIONS: Public Buildings Section should avoid the appearance of a conflict of interest by not having supervisory responsibilities over family members. Civil Service Code, Chapter 2.02, Conflict of Interest, states in part that an officer or employee has a financial interest in a decision if it is reasonably foreseeable that the decision will have a material financial effect, distinguishable from its effect on the public generally, on the officer or employee or a member of his immediate family. Full time employees who are scheduled to work shift differential hours should be compensated for that time. Schedules should not be prepared where shift differential pay is avoided at the expense of the public. RESPONSE REQUIRED: WITHIN 90 DAYS PRESIDING JUDGE KERN COUNTY SUPERIOR COURT 1415 TRUXTUN AVENUE BAKERSFIELD, CA 93301

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CITIES AND SERVICES COMMITTEE

EDWARDO O. AHUMADA Chairman PATRICIA L. DUFFEL GLEN A. JACKSON

MISSION STATEMENT CITIES AND SERVICES COMMITTEE

The Cities and Services Committee has the responsibility to oversee the incorporated cities within Kern County as required by Penal Code 925.a. The Committee may examine the books and records of any incorporated city located in the county. The Committee may investigate and report on the operations, departments, accounts, and records of the officers, departments, functions, and the method or system of performing the duties of any incorporated city. If need be, the Committee will make constructive recommendations regarding each visit and work with the cities on how to better reach these objectives. The eleven incorporated cities visited this year were: Arvin Bakersfield California City Delano Maricopa McFarland Ridgecrest Shafter Taft Tehachapi Wasco

The Committees goal was accomplished and reports are submitted for all of these cities.

CITY OF ARVIN
PURPOSE OF INQUIRY: The annual visitation of the Cities and Services Committee of the 2001-2002 Kern County Grand Jury pursuant to Penal Code section 925.a was made in the fall of 2001. HISTORY: The city was established in 1910 and incorporated in 1960. Diverse products are grown in the Arvin area such as, potatoes, deciduous fruit, cotton, alfalfa, sugar beets, and more. Arvin is still one of the most cultivated crop areas in Kern County. Arvins population is approximately 11,847 with 96% of the people being of Hispanic origin. FINDINGS: Arvin has had political unrest and controversy for a number of years. Unfortunately, this is still the case and it is escalating. Despite that, Arvin is still a very viable city. The city has senior housing, a good transportation system with two new vehicles being delivered soon, and affordable housing continues to be built. Arvin is actively recruiting business development. A new Adobe Plaza Complex has just been completed and will attract new business to the area. Arvin has low revenue and more tax dollars are very much needed. Until that time they continue to be stymied for more revenue dollars. A number of buildings along Main Street are empty and this reflects in the fiscal budget as a reduction in sales tax. Redevelopment of this area needs to be undertaken. The Police Department has recently hired a new Police Chief who is actively pursuing better relationships between law enforcement and the youth of the city. Because of his efforts, the youth of the city are now able to trust and communicate more with the police presence in town. The County of Kern furnishes fire protection. An old migrant labor camp is no longer being used and will possibly be converted and used as a drug rehabilitation center or other needed use. Arvin appears to be a typical sleepy little agricultural town, but this town has many unspoken challenges and undercurrents. Work on the inner circle of council and managerial problems needs to be actively pursued in order for the city to come together as a united unit. Micro managing of the city staff by the Mayor and two councilpersons needs to be curtailed. Threats have been made against employees of the city and people working for the city as contractors as well as ordinary citizens.

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The schools appear to be improving and they even received a reward from the state for one of the elementary schools for improving SAT scores. There is a very good program at the high school that teaches trade skills. This is much needed for many of these high school students to advance in the present world system. The wastewater treatment plant has been improved and can handle twice as much waste as before. Since the original visit of the Committee, controversy abounds in the community. Accusations between staff and elected officials have intensified. The City Manager has resigned and the City Attorney left. The current Chief of Police has decided not to seek a renewal of his contract citing duress (he has since been put on administrative leave and an interim Police Chief is already in place) and possibly the city clerk will be removed. The City Manager handled money matters for the city, a job that should be handled by a Finance Director. The Mayor and the City Council have appointed one individual from Southern California to serve as City Manager/City Attorney. One councilperson has been indicted for alleged embezzlement for misappropriating tobacco money used for funding a preschool. Allegations that the Mayor started using an unauthorized cell phone have been made. Since these allegations have been made public, the Mayor insists he pays all personal calls with a personal check. The Mayor now charges the Police Chief with destroying documents pertaining to cell phone use. The Police Chief states that this was standard procedure when he was hired because many of these phone numbers need to be kept confidential. These actions and many more have prompted some citizens to initiate a recall against the Mayor. A special election will soon be held in this matter. Obviously, we have not heard the end of this controversy and it behooves us as citizens of this county to pay close attention to the outcome. RECOMMENDATIONS: The Cities and Services Committee strongly recommends that the council and managerial problems be resolved very soon for the overall good of the city and its occupants. More commercial enterprise is needed for the city to increase Arvins tax base and sales tax. A city united is more apt to attract tax dollars to enhance that economy. Overall, continual training regarding the Brown Act for City Management, City Council, and City employees, needs to be set in place. Arvin is a city manager form of government; therefore, the City Manager needs to be allowed to work more closely with city department heads and their employees without outside interference and fear of reprisal. There has been a large amount of negative publicity regarding staff and elected officials. This needs to be remedied. The city needs to hire a Finance Director to properly oversee all financial matters of the city. A new Police Chief needs to be hired as soon as possible in order to administer law enforcement in the community. The two above positions are very essential in order for there to be order in Arvin!

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The people of Arvin need to keep the continued growth of their community in mind and continue to use their expertise to put Arvin on the map. Some good things are in place already, but much more can be accomplished with continued dedicated community input.

RESPONSE REQUIRED: RESPOND WITHIN 90 DAYS TO PRESIDING JUDGE KERN COUNTY SUPERIOR COURT 1415 TRUXTUN AVENUE BAKERSFIELD, CALIFORNIA 93301

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CITY OF BAKERSFIELD
PURPOSE OF INQUIRY: Annual visitation of the Cities and Services Committee of the 2001-2002 Kern County Grand Jury pursuant to Penal Code Section 925.a. HISTORY: The first settler to build in what was then known as Kern Island, was Christian Bohna, in 1860. He sold his property to Colonel Baker in 1863 and the place became known as Bakers Field, subsequently, Bakersfield. The city was first incorporated in 1874; in 1876 the people voted to un-incorporate; the city was re-incorporated in 1898 and has stayed as such. Bakersfield is a Charter City. A Charter City has powers that County and General Law Cities do not. With an overall population of 240,000 plus, Bakersfield is the largest city in Kern County encompassing 212 square miles. FINDINGS: Bakersfield has survived through fire, earthquake, and flood. It continues to thrive and grow even as this report is read. According to the City Managers office the economy in the city is strong. Bakersfields growth pattern is at a steady 8.7 to 9.5% rate. Attributing to this growth is residential and commercial development and good tax revenues. Last years road report has been a big issue as many of the roads built in the 80s and 90s according to specifications at that time, are now very inadequate for todays volume of traffic. Bakersfield, like other communities, has streets that are in need of repair or complete reconstruction. This year by altering the proposed Freeway to a Parkway, the city will realize substantial savings. The majority of these savings will go to improve or recondition streets which need immediate attention. The Parkway will also alleviate the stress now put on streets due to the volume of vehicles using the old streets. The City Council constantly has to address this issue. Redevelopment in the southeast is making a decided turn for the better. A new train depot, a new supermarket project (in progress), and new low-income housing are contributing to this upswing. The city is continually pursuing grant monies to help in these endeavors. One good example is the median work on Stockdale Highway. This is mostly grant money at work. The City Center project is still on hold. It will not be as first presented, but the city is pursuing options more viable for the good of the citizens. The Downtown Business Association is quite active. The new look of Chester Avenue will continue to encompass more streets. This will include more beautification with lighting and landscaping. The Up on the Roof-Down on the Street party held once a year

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and the summer street fairs lure many people to downtown. The more this occurs the more it will continue to grow and be used. The plan at this time is to continue the present type of median landscaping and lighting northward to the Kern County Museum and past. This median landscaping will also include the cross streets in the downtown area. The question of a new ballpark is still in the air. The present ballpark is really not a viable option for growth as it was built backwards. In order to make this present ball park a draw to major/minor league play it would have to be rebuilt entirely. As it stands now the batters box faces the setting sun and makes it very hard to play good ball. The parking area is also inadequate for future growth in that particular area. Continuing in the redevelopment mode are plans for two new parks on Stockdale Highway. A 30-acre park and a 40-acre soccer park are planned. Three rechargeable lakes will be involved in this plan as will an eight-mile expansion of the bike path and new horse trails. The Nature Preserve across from Cal State Bakersfield will be left as is. Bakersfield has two or three small senior centers, most privately run. There has been an upsurge of affordable senior housing in the downtown area. This is very needed. Downtown has a lot to offer seniors. A small supermarket would be a boon to downtown residents. The Downtown Elementary School is good for those working people in the downtown area. Their children are near to them in case of emergencies and the school is centrally located for easy access. The Committee inquired about office space at the present City Hall. The manager stated that due to growth the present facility is not adequate to handle todays staff. What this has caused is decentralization of some city services, making it very inconvenient for the citizens to conduct city business. The cost to relocate and centralize services will be in the millions. This could be for new buildings or acquisition of another building big enough to accommodate all services under one roof. COMMENTS: This Committee feels the city should actively continue seeking funding for road rehabilitation and reconstruction. Bakersfield is a great city for family life. It is close enough to Los Angeles and San Francisco to even be known as a bedroom community. However, those living here like to think of it as home! A place to live, love, laugh, cry, and stay. Bakersfield will soon have it all. New growth is good for the economy. A good economy is good for growth. Continue in this positive direction, Bakersfield. Keep this citys future in the forefront. NO RESPONSE REQUIRED

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CALIFORNIA CITY
PURPOSE OF INQUIRY: Annual visitation by the Cities and Services Committee of the 2001-2002 Kern County Grand Jury, pursuant to Penal Code Section 925.a. INTRODUCTION: Founded in May 1958, and incorporated in December of 1965, California City has approximately 204 square miles of space. This leaves plenty of room for growth and development. Out of that 204 square miles, 300 miles of roads are paved with about 100 miles in asphalt, the other 200 miles of reclaimed asphalt. Every house in the community has a paved road to the home. The population is approximately 12,000 and there are approximately 3,500 homes at this time in California City. FINDINGS: The Cities and Services Committee met with twelve different people representing the City. From the City Manager, a council member, Fire Chief, Police Lieutenant, City Clerk, Senior Center representative, Senior Housing representative, Airport Manager, Parks and Recreation representative, Public Works person, Civil Engineer, Personnel Person, Finance Director, and we were overwhelmed with data and input. California City is a City Manager council of government, a general law city as it were. The City revenues come from an additional special tax of $75.00 per parcel voted on by the people. This supplements the general fund. They also have tax revenues, which each city depends on. A private prison, housing 2,500 undocumented detainees with a base of 550 employees also adds to this revenue. California City has three main areas of economic growth at this time; the prison, a development called the Villages, and a 40-acre industrial park being built in the vicinity of the airport. The city has its own Fire Department with 11 full time fireman, 25 auxiliary firemen, 5 paramedics (cross-trained), and a firedog. There is also a Police Department with 14 sworn officers, 7 non-sworn, 3 reserve, 5 explorers, and two trained police dogs. A brand new Medivac helicopter is waiting on skids at the airport for the permit to allow it to fly. The process is almost complete. This will help the citizens feel safer about emergency treatment. The paramedics are already trained and ready to fly. The city has an elementary school and a middle school. The high school students are being bussed to Mojave. In the March 2002, election there is a bond measure to fund a

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high school in the community. Graffiti is addressed very aggressively and eradicated as soon as it is seen. The Parks and Recreation Department are always busy offering many diverse activities such as: drug prevention and cooking classes, soccer, little league, gymnastics, art classes, Karate, playgrounds, roller hockey, a skate park, swimming, and a summer camp. They are also pursuing grant monies to continue the preservation of Borax Bill Park. Senior citizens are very fortunate to have a beautiful new senior housing development called Desert Jade. Seniors constitute 12% of the overall population and are receiving excellent care. There are three Dial-a-Ride vans available on call and each Thursday those interested are bussed to Mojave to grocery shop. There is an eighteen-hole golf course available to all residents run by a retired PGA pro. There is also a par three course. The city has eight water operators and five wells. All of the wells are in compliance as far as arsenic level in water is concerned. Waste management of solids is handled by an outside source. The city has met and will exceed the waste reduction mandated by AB939. The shortfalls of California City are the lack of a supermarket in town, adequate health care in the city, and the lack of a high school in the city. As these areas of shortfall are all being aggressively addressed at this time, the Cities and Services Committee applauds California City on their continued long-range and shortrange plans. Keep up the good work! NO RESPONSE REQUIRED

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DELANO
PURPOSE OF INQUIRY: Annual visitation of the Cities and Services Committee of the 2001-2002 Kern County Grand Jury pursuant to Penal Code Section 925.a. HISTORY: Established in 1870 as a Southern Pacific railhead, developed as a farming town and incorporated in 1915, Delano is a fast growing agricultural market center for Northern Kern and Southern Tulare County farming interests. With easy access to market, Delano benefits from its location in the center of a two-county agricultural area. Delano is the second largest incorporated community in the county and is in the process of annexing adjacent land to accommodate growth. The population is approximately 40,000. FINDINGS: Members of the Committee visited the city on September 25, 2001. The Committee met with the City Manager, Finance Director, Director of Community Services, Senior Planner, and City Engineer. The staff is very knowledgeable in their field of expertise. Delano has two project areas aimed at improving retail commercial development. One is the downtown improvement project, which includes infrastructure improvements. The other is development of the former Block H project area, which is now known as the Vineyard Galleria Project. It is designed to be a large retail commercial complex adjacent to Highway 99 freeway. Both are aimed at attracting retail customers and to keep expendable dollars in the community. The city has Wastewater Treatment Plant expansion, street, water, and sewer line improvement projects that will serve the growth. The residential areas are being developed with approximately 250 homes being built annually. Delano offers services to citizens through the senior centers and recreation activities for the youth of the community. The Dial-A-Ride and Transit Systems offer inexpensive transportation to the population. Staff did state that there is the need to replace exiting employees, and to add additional staff, to provide for the demands of the growth.

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COMMENTS: Staff and community members are developing a Vision Delano project, which will be helpful in determining the direction the city will take. In the meantime, staff continues to work on existing projects as diligently as possible. Delano is commended for receiving the 1998-1999 Outstanding Financial Reporting Award.

They recently received the 2000-2001 Outstanding Financial Reporting Award. NO RESPONSE REQUIRED

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CITY OF MARICOPA
PURPOSE OF INQUIRY: Annual visitation by the Cities and Services Committee of the 2001-2002 Kern County Grand Jury Pursuant to Penal Code Section 925.a. HISTORY: Maricopa is located in the southwest corner of Kern County and was incorporated July 25, 1911. This Mother City of the prolific Midway-Sunset Oil Fields is the gateway to the Cerro Noreste/Mt. Pinos recreation area. Maricopa is the name applied by a Pima Indian Tribe to a neighboring tribe of Uymas inhabiting the Gila River Valley in southern Arizona. How the name reached California is unknown, but it was given to the oil-booming community when a station on the Sunset Western Railroad was established there in 1903. The real growth in Maricopa began with the Lakeview gusher in 1910. The famed gusher helped make Kern County First in Oil in the state and nation. The population is approximately 1,111. FINDINGS: The Committee met with the Mayor, City Administrator, and the City Treasurer to discuss operations. The current fiscal year budget is just over $500,000. The Committee did not see any sign of city growth other than the new Museum Memorial Park. The city contracts with the Kern County Sheriffs Department for law enforcement with fire protection provided by the Kern County Fire Department. The Administrator informed the committee that he is still seeking a way to finance construction of a sewer line to allow the homeowners to connect to the citys sewer system. The downtown area is in the same condition as previous years. The community continues to keep their identity as an incorporated community in Kern County. The community has purchased a refuse truck on a seven-year lease purchase. There is no grocery store, causing the residents to travel to Taft or Bakersfield for grocery shopping. There is a mini-mart at the intersection of two state highways at citys edge that lead to Santa Maria, where small groceries purchases may be made.

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COMMENTS: The Committee sees a need for some type of development to increase Maricopas tax base. In the meantime the staff continues to operate within their current means. NO RESPONSE REQUIRED

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McFARLAND
PURPOSE OF INQUIRY: Annual visitation by the Cities and Services Committee of the 2001-2002 Kern County Grand Jury pursuant to Penal Code 925.a. HISTORY: Located on Highway 99, McFarland is an agricultural community. Cotton, sugar beets, potatoes, and roses are some of the leading enterprises. An almond hulling facility and a winery serve the areas agriculture and economic interests. Paramount Growers, a packing shed and cold storage facility, relocated to Delano after a fire destroyed their former building. Incorporated July 18, 1957, the town was named for J. B. McFarland, who with W. F. Laird, established the town site in 1908. Population is 10,250. FINDINGS: On September 25, 2001, the Committee met with the City Administrator. The Administrator also serves as the Planning Director, Finance Director, and Public Works Director. The city has developed a 2010 vision statement and general plan. This includes revitalization of the downtown area and annexation of 160 acres. The city is in the process of acquiring the McFarland Mutual Water District. This acquisition will add five more employees to the citys payroll. The city contracts with the Kern County Sheriffs Department for police services, and fire protection is provided by the Kern County Fire Department. The city has recently taken over the McFarland Community Center Building from the County of Kern. Water and soil testing has been completed, and the city is now in a year-long study for air quality. McFarland has three State Correctional Facilities, #1 with 225 beds, Golden State, and Central Valley, each with 550 beds. COMMENTS: Staff and council members work well together for the progress of the community. Staff stays within the spending guidelines set forth in the citys budget.

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RECOMMENDATION: McFarland is working on rehabilitating the downtown area. The city leaders need to complete this as soon as possible to attract businesses to this location to insure additional revenue to the city. NO RESPONSE REQUIRED

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CITY OF RIDGECREST
PURPOSE OF INQUIRY: Annual visitation of the 2001-2002 Kern County Grand Jury pursuant to Penal Code Section 925.a. HISTORY: Ridgecrest, nestled in the Indian Wells Valley known as the Gateway to Death Valley, was incorporated in November, 1963. It is a general law city. Ridgecrest is located approximately one hundred twenty miles from Bakersfield at an elevation of 2300 feet. Ridgecrest expanded rapidly after the establishment of the China Lake Naval Ordinance Testing Center in 1943, now known as the Naval Air Warfare Center, Weapons Division, China Lake. The population of Ridgecrest is over 25,000 people and encompasses the communities of China Lake, Inyokern, Johannesburg, Randsburg, and Trona. The area is noted for its clear blue skies and clean air. The Cities and Services Committee traveled to Ridgecrest on a cold crisp January morning, after passing through an amazing Pogenip Frost (HoarFrost) in Tehachapi and a beautiful drive through Red Rock Canyon. The Committee met with the Chief of Police, the City Manager, the Finance Director, and the head of the Economic Development Department. FINDINGS: Taking a tour of the city before meeting with the above-mentioned leaders, the Committee was quite impressed with the overall cleanliness and positive look and feel of the city. The City Hall complex and buildings are very impressive. The tour took in the city as well as some outlying areas including Cerro Coso Community College. New growth is slowly coming about with more to follow soon. Four hundred new jobs will soon be added to the Naval Weapons Center. There is also a twenty-five million-dollar medical laboratory waiting to be constructed at the Center. This is a very positive development for the city. In fact, they now feel that rather than being the forgotten city, as they were formerly known, Ridgecrest is now known as a Regional Center. This has been brought about in part by an extensive medical community serving as far away as Mammoth. The city touts cancer and diabetes centers, which are widely used. Ridgecrest and surrounding areas are also well known to the film industry, which benefits the citys economy.

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A major road-widening project between Ridgecrest and Mammoth will take place in the next four years. It will provide four lanes for a much-traveled road. The commercial growth in Ridgecrest is helping the community a lot. There is a 63-acre business park and medical service expansion located next to the present K Mart store, an Armament Museum at China Lake, and 26 assisted living units also under construction. Ridgecrest has its own Police Department with 33 sworn officers and 14 civilian jobs. Fire protection services and a Sheriffs substation are provided by the County. An ambulance service is also provided. There is a plan to update the wastewater treatment plant built in 1945 and to expand it in a phase II plan sometime after the update. This will accommodate future growth. Habitat for Humanity is very much alive and well in Ridgecrest. The city acquired eleven HUD homes and donated five to Habitat for refurbishing. Numerous activities are provided for senior citizens and youth. The only golf course is located on The Naval Weapons Center and since September 11, 2001 the security screening of visitors has been extensive. The Naval Weapons Center is probably the biggest developer of weapons used in the war with Afghanistan. Because of this the center is now on a higher priority list with the Pentagon. Henceforth 400 new jobs will soon be available. The city now operates its own Dial-A-Ride System. An annual Balloon Festival/Air Show is held each year and draws hundreds of tourists. COMMENTS: Ridgecrest is a very viable upcoming city. The current leaders, although most new in their positions and to the community, seem to have a finger on the pulse of the community. They bring with them many years of experience in their chosen fields. If there were a drawback it would appear to be a need for more vocational training. When new growth takes place they are hard pressed to find the labor force needed among people in the community. Most of the labor force comes from out of town due to lack of skilled tradespeople among the residents. Ridgecrest is a great place to visit with much recreation available. The ride is well worth the trip and you can also continue on to other recreational areas such as Death Valley, Mount Whitney, or Las Vegas. Ridgecrest has a good number of motels and restaurants available. NO RESPONSE REQUIRED

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CITY OF SHAFTER
PURPOSE OF INQUIRY: The Cities and Services Committee of the 2001-2002 Kern County Grand Jury visited the City of Shafter pursuant to Penal Code Section 925.a. HISTORY: Named for General William (Pecos Bill) Shafter, the city was incorporated in 1938 and became a Charter City in 1995. Shafter is located approximately 18 miles northwest of Bakersfield in Kern County. Shafter traces its roots to the completion of the Santa Fe Railroad in 1898 and evolved as a prosperous farming community that today is home to many local business and farming operations. Shafter is host to numerous community events and festivals and is located within a short drive of various boating, fishing, camping, and golfing facilities. Shafter boasts a strong sense of community spirit and pride that coupled with an exceptional small town quality of life, makes the city one of San Joaquin Valleys best kept secrets. The population is approximately 12,000. FINDINGS: The Committee visited the City of Shafter on October 16, 2001, and met with the City Manager, Finance Officer, Director of Community Development, and the Police Captain. Shafter completed the downtown redevelopment project using Community Development Block Funds. Shafter also has a major manufacturing location, the International Enterprise Zone, that includes a $400 million dollar transportation warehouse and distribution center. The city is embarking on an Intergovernmental Strategic Planning plan which includes the City of Shafter, Shafter Recreation and Parks District, Minter Field Airport District, Richland School District, Kern High School District, and Shafter Youth Council. The object is to increase cooperative planning and service provision among agencies, make better use of resources available to each agency by developing a common vision and cooperative strategic plan, and establish an ongoing mechanism for continuous cooperative planning in order to meet new issues that may arise.

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Shafter has its own police department with 18 sworn officers. Fire protection is provided by contract with the Kern County Fire Department. Shafter avails itself of inmate labor from the Community Correctional Facility for some tasks in the community. Shafter has a successful Dial-A-Ride program. Prices are reasonable and benefit young and old alike. COMMENTS: The Committee noted that the staff and city council all work together in maintaining the vision statement of 1986. Along with the current multi-agency project the community as a whole will benefit from these efforts. The city is progressive in luring new industries to the area. Along these lines Shafter is a very well run community. NO RESPONSE REQUIRED

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CITY OF TAFT
PURPOSE OF INQUIRY: Annual visitation by the Cities and Services Committee of the 2001-2002 Kern County Grand Jury pursuant to Penal Code Section 925.a in the fall of 2001. HISTORY: The city of Taft is located on the western side of Kern County, incorporated in 1910, and named after President William H. Taft. The city has served as home to many dependent upon oil production for their means of support. Taft features an airport that is popular with skydivers and ideal flying conditions make it a popular spot for model airplane enthusiasts. The Buena Vista Lake recreation area and golf course is popular with residents and visitors alike. The population of Taft is approximately 6,400 (incorporated area only). FINDINGS: On August 21, 2001, the committee met with the Interim City Manager, the Finance Director, and the Police Chief, who is also the Administrator for the Correctional Facility. The city is in the process of recruiting a City Manager (the interim has since been chosen to be the City Manager). There is a work force of 105 employees. Of these, 12 are sworn police officers and 6 are fulltime firemen. The city has a mutual response agreement with the Kern County Fire Department, which maintains county services adjacent to the city. The Committee discussed the following activities with the various departments. The city has its own Transit Authority, which operates the Dial-A-Ride System. The vehicles are helpful to the citizens in reaching their destinations. The city just completed refurbishing the old animal shelter kennels and buildings. They constructed 12 new indoor and outdoor kennels and buildings. The downtown improvement project has been completed. This consisted of sidewalk reconstruction and installation of handicap ramps. Kern Council of Government provided the funds for the project. At the time of the committees visit, the city was pursuing an acquisition and rejuvenation of the railroad line that runs between Gosford Junction and Taft. The citys thinking is that if this rail line were brought up to standards, it would help economic development by allowing the line to move freight in and out of the community. This acquisition has become a very controversial subject. It has brought accusations from various corners of city government and the community.*

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The city chooses to spend their capitol outlay money later during a fiscal year. The city has completed the requirements of AB 939 that mandated the reduction of waste being transported to disposal sites by agencies. The Committee toured most areas of town and found them to be abated of weeds and very clean. Also absent was graffiti, which is commonly found in some communities. COMMENTS: The Committee feels that the city is being run professionally by the staff present at the initial meeting. The Interim City Manager stated that the entire staff of city employees has been working together to maintain a good level of service. The matter of the recall of one council member should be resolved by publication time. ** NO RESPONSE REQUIRED *Since visiting Taft, a number of things have occurred regarding the rail spur project. Not all of them are positive. The city has put out a great deal of money to further this project, but at this time, the city appears to have received little in return. Lawsuits on both sides of this issue are pending. There have been charges of violations of the citys policies and procedures manual regarding the procurement of professional services by staff and elected officials. The purchasing system as established by city government code, was violated by staff and elected officials. The original contract for the railroad project was not put out for bid. Therefore, no interviews or reviews of contractors was performed. No monetary limits were established in the subsequent contracts (two more were written) against advice from the Taft City Attorney. All safeguards were removed and a large retainer was to be paid . These actions occurred before the present City Manager was hired and before the present City Council was elected into office. Most everything was set in motion under the former council and manager. One party is suing for alleged excessive billing and the other is suing for nonpayment for services. There have also been allegations of fraud. Possibly, by the time next years Cities and Services Committee visits Taft, a resolution to these problems will have been met. **The recall of one councilman was accomplished with a new councilman sworn in. Then another recall was in progress but was called off, as the party in question will finish his term at the end of this year. There was no need to cause another large expenditure of city money.

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TEHACHAPI

PURPOSE OF INQUIRY: Annual visitation of the Cities and Services Committee of the 2001-2002 Kern County Grand Jury pursuant to Penal Code Section 925.a. HISTORY: Located between Mojave and Bakersfield, the greater Tehachapi area is composed of seven small communities and a number of ranches. With a 4,000 ft. elevation, Tehachapi promotes itself as the Land of The Four Seasons. The original community was founded in 1876 when the Southern Pacific Railroad finally succeeded in running rail over the mountain grades. The railroad still remains a big part of the community even today, because of the famous Tehachapi Loop a continuous curve that brings the track back over itself. This feat of engineering between Keene and Tehachapi attracts railroad buffs to the area from all over the world. Another important chapter in the history of Tehachapi is the establishment of a prison. The first womens prison in the state was built in Cummings Valley in 1932. A 7.7 magnitude earthquake in 1952 temporarily closed the facility and leveled many parts of town. In 1953 the prison reopened as a mens colony. Population is 28,415 (which includes prison population and surrounding communities of Stallion Springs, Bear Valley Springs, Golden Hills, Sand Canyon, Alpine Forest and Keene). FINDINGS: On August 28, 2001, the Committee met with the City Manager, Finance Director, Airport Manager, Planning/Economic Development Director and City Clerk. The Committee discussed city activities with each city staff member present. There are two newly elected councilpersons on board. The city has adopted a five-year budget for the purpose of identifying their needs for this time period. It will also serve as a tool to monitor operating expenses plus capital outlay purchases and capital projects for the next five years. The city is in the midst of a train depot restoration project. They are developing a downtown master plan. This will include rehabilitation projects such as angle parking and facade improvements. There is a housing subdivision planned for the east-end of the incorporated area of the city. These homes are upscale type of housing.

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Their hope is to develop freeway commercial trade with the development of Capitol Hills. The Airport finished the 2000-2001 fiscal year with a surplus of money. The city avails itself of prison inmates for use in cleanup around the city. They have good youth programs such as the Wristwatch program, Starlight Theatre and various safety programs. Currently they have 1870 children involved in organized sports. Their fire department is comprised of volunteers and is assisted by the Kern County Fire Department. One of their long-term goals is to have their own Fire Department manned with full time personnel. The city also contracts with the Kern County Sheriffs Department for police protection. COMMENTS: The staff seems to strive in providing the best city services available to their public. The community appeared to be very clean. Graffiti was not visible as they eradicate this problem as soon as it appears. All of the staff assembled for the day of the Committees visit appears to have a good working relationship with one another. NO RESPONSE REQUIRED

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CITY OF WASCO

PURPOSE OF INQUIRY: The Cities and Services Committee of the 2001-2002 Kern County Grand Jury visited the City of Wasco pursuant to Penal Code Section 925.a. HISTORY: First known as Dewey, then Deweyville, Wasco was established as a loading station on the Santa Fe Railroad in 1897. In 1907, a colony was established by the Fourth Home Extension on nine sections of land purchased from the Kern County Land Company. Wasco was incorporated in 1945. The new settlement was named Wasco by William N. Bonham, a former resident of Wasco County, Oregon that took its name from a tribe of Oregon Indians. Wasco is primarily an agricultural community, boasting crops such as cotton, onions, potatoes, almonds, and is famous for roses. Each September Wasco hosts the Rose Festival with activities such as the Rose Queen Pageant, concerts, arts and crafts shows, rose field tours, and chili cook-off. . Population is approximately 21,150. FINDINGS: The Committee visited the community on October 16, 2001. On the tour the Committee noted the cleanliness of the city. The Committee met with the City Manager, Planning Director, and Finance Director. Wasco is in the midst of a revitalization project in the downtown area. Grant monies are being used to complete the work. The city is encouraging the businesses in the downtown area to buy into the project and make improvements to some of the business facades. At the east end of the downtown area is an Amtrak Railroad Station. The city is seeking funding to construct a new station at the present site. There is plenty of new home construction within the city. Wasco is very active in maintaining the streets and alleys. The youth of the community are anxiously awaiting the completion of the new skateboard park. Wasco has one of the largest state prisons in California, housing approximately 6,000 inmates. The city uses some inmate labor for work in the community. Wasco contracts with the Kern County Sheriffs Department for police protection and fire protection is provided by the Kern County Fire Department. The city is still trying to solve the financial problems plaguing the citys golf course. The city is looking at the property next to the golf course to convert it to an enhanced value parcel and developing it for use.

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COMMENTS: Wasco is a community that is constantly growing and has the utilities to support the growth. The staff is working hard at making the community a good place to live. The city is also a recipient of an award from the California Society of Municipal Finance Officers.

NO RESPONSE REQUIRED

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CONTINUITY & TRACKING COMMITTEE

RAYMOND A. ROWLAND Chairman MILLIE V. CRABTREE

MISSION STATEMENT CONTINUITY & TRACKING COMMITTEE

The main responsibility of the Continuity & Tracking Committee is the attendance at meetings of the Kern County Board of Supervisors and the reporting of findings of the Board. As Grand Jurors are lay people, they are representative of the average persons view of Kern County government. The Grand Jury also tracks responses as to the course of action being taken and whether the recommendations of the Grand Jury are being considered. Response to the Presiding Judge of the Superior Court is required in a certain period of time and the Grand Jury tracks whether this is being honored. The Grand Jury works as a public watchdog. Tracking enables the Grand Jury to see that the government is utilizing public monies in the most effective way.

2001 2002 KERN COUNTY GRAND JURY TRACKING REPORTS

APPROVED BY GJ 10-01-01 10-18-01 10-18-01 10-22-01 10-22-01 11-05-01 11-08-01 11/26/01 12/03/01 12/03/01 12/03/01 12/12/01 12/12/01 12/12/01 01/23/02 01/16/02 01/30/02 02/13/02 02/21/02 03/10/02 03/10/02 03/15/02 03/18/02 03/25/02 SUBJECT OF REPORT Kern River Valley Public Cemetery District Sheriffs Property Room Mountain Meadow Community District City of Tehachapi City of Maricopa North Edwards Water District City of Delano City of McFarland City of Wasco City of Shafter Lamont Public Utility District Use of Steroids Kern High School District Kern County Emergency Medical Services Southern Kern Unified School District Kern County Sheriffs Coroner Division West Side Recreation & Parks District Kern County Law Library City of Ridgecrest Kern County School Districts Trustees Compensation Bear Valley Springs Police Department Kern County Return to Work Program City of California City North Kern State Prison Mesa Verde Community Correctional Facility RESPONSE COMMITTEE Special Districts Law & Justice Special Districts Cities & Services Cities & Services Special Districts Cities & Services Cities & Services Cities & Services Cities & Services Special Districts Health, Education, & Social Services Health, Education, & Social Services Health, Education, & Social Services Law & Justice Special Districts Health, Education & Social Services Cities & Services Health, Education, & Social Services Law & Justice Administration & Audit Cities & Services Law & Justice Law & Justice PUBLISHED BY GJ 10-01-01 10-18-01 10-19-01 10-22-01 10-22-01 06-26-02 11-08-01 11-26-01 12/03/01 12/03/01 06/26/02 12/12/01 12/12/01 12/12/01 01/23/02 06/26/02 06/26/02 06/26/02 06/26/02 06/26/02 06/26/02 06/26/02 06/26/02 06/26/02 RESPONSE DEADLINE No Response Response No Response No Response No Response Response 90 Days No Response No Response No Response No Response Response 90 Days Response Response Response 90 Days Response No Response No Response No Response No Response Response 90 Days Response 90 Days No Response No Response No Response 03/18/02 No No No No RESPONSE RECEIVED No 01-08-02 No No No

No No No No

3/15/02 2/11/02

No No No

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APPROVED BY GJ SUBJECT OF REPORT 03/25/02 Taft Correctional Institution 03/25/02 04/03/02 04/04/02 04/04/02 04/04/02 04/04/02 04/10/02 04/10/02 04/11/02 04/18/02 04/18/02 04/23/02 Camp Erwin Owen City of Bakersfield Teen Courts Kern County School District and Schools Report Parks and Recreation Department Special District Survey Kern County Sheriff Kern Valley Substation Arsenic in Drinking Water A. Miriam Jamison Childrens Center City of Taft Kern County Children and Families Commission City of Arvin

RESPONSE COMMITTEE Law & Justice Law & Justice Cities & Services Health, Education, & Social Services Health, Education, & Social Services Administration & Audit Special Districts Law & Justice Special Districts Health, Education & Social Services Cities & Services Ad Hoc Cities & Services

PUBLISHED RESPONSE BY GJ DEADLINE 06/26/02 No Response Response 06/26/02 90 Days 04/03/02 No Response 04/04/02 04/04/02 06/06/02 04/04/02 04/10/02 04/10/02 04/19/02 06/26/02 05/01/02 06/26/02 No Response No Response Response 90 Days No Response No Response No Response Response 90 Days No Response Response 90 Days Response 90 Days

RESPONSE RECEIVED No

No No No

No No No

No

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2001 2002 KERN COUNTY GRAND JURY FINAL REPORTS TRACKING REPORTS
DATE 10-01-01 10-18-01 10-18-01 10-22-01 10-22-01 11-05-01 11-08-01 11-26-01 12-03-01 12-03-01 12-03-01 12-12-01 12-12-01 12-12-01 01-23-02 01-16-02 01-30-02 02-13-02 02/21/02 03-10-02 03-10-02 03-15-02 03-18-02 03-25-02 03-25-02 03/25/02 EDIT COMMITTEE Kern River Valley Public Cemetery District Sheriffs Property Room Mountain Meadow Community District City of Tehachapi City of Maricopa North Edwards Water District City of Delano City of McFarland City of Wasco City of Shafter Lamont Public Utility District Use of Steroids KHSD KC Emergency Medical Services Southern Kern Unified School District Kern County Sheriffs Coroner Division West Side Recreation & Parks District Kern County Law Library City of Ridgecrest Kern County School Districts Trustees Compensation Bear Valley Springs Police Department Kern County Return to Work Program City of California City North Kern State Prison Mesa Verde Community Correctional Facility Taft Correctional Institution Camp Erwin Owen COUNTY COUNSEL 10-03-01 10-19-01 10-19-01 10-23-01 10-23-01 11-12-01 11-12-01 11-29-01 12-03-01 12-03-01 12-03-01 12-13-01 12-13-01 12-17-01 01-24-02 01-17-02 02-04-02 02-14-02 03/21/02 03-15-02 03-15-02 03-15-02 03-19-02 03-27-02 03-27-02 JUDGE 10-15-01 10-22-01 10-22-01 10-24-01 10-24-01 11-13-01 11-13-01 12-04-01 12-04-01 12-04-01 12-04-01 12-17-01 12-17-01 12-17-01 01-24-02 01-18-02 02-04-02 02-20-02 03/28/02 03-18-02 03-18-02 03-20-02 03-22-02 03-28-02 03-28-02 03/28/02 CLERK OF THE BOARD 10-24-01 10-30-01 06-13-02 06-13-02 06-13-02 06-13-02 06-13-02 06-13-02 06-13-02 06-13-02 06-13-02 12-18-01 12-21-01 12-21-01 06-13-02 06-13-02 06-13-02 06-13-02 06/13/02 03-20-02 06-13-02 06-13-02 06-13-02 06-13-02 06-13-02 06/13/02 RELEASE DATE 10-24-01 12-17-01 06-26-02 06-26-02 06-26-02 06-26-02 06-26-02 06-26-02 06-26-02 06-26-02 06-26-02 12-21-01 12-21-01 12-21-01 06-26-02 06-26-02 06-26-02 06-26-02 06/26/02 03-25-02 06-26-02 06-26-02 06-26-02 06-26-02 06-26-02 06/26/02

CT-3

DATE 04/03/02 04/04/02 04/04/02 04/04/02 04/04/02 04/10/02 04/10/02 04/11/02 04/18/02 04/18/02 04/18/02

EDIT COMMITTEE City of Bakersfield Teen Courts Kern County School District and Schools Report Parks and Recreation Department Special District Survey Kern County Sheriff Kern Valley Substation Arsenic in Drinking Water A. Miriam Jamison Childrens Center City of Taft Kern County Childrens and Families Commission City of Arvin

COUNTY COUNSEL 04/05/02 04/05/02 04/08/02 04/08/02 04/08/02 04/15/02 04/15/02 04/15/02 04/23/02 04/23/02 04/23/02

JUDGE 04/08/02 04/08/02 04/09/02 04/09/02 04/09/02 04/15/02 04/15/02 04/15/02 04/25/02 04/25/02 04/25/02

CLERK OF THE BOARD 06/13/02 06/13/02 06/13/02 06/13/02 06/13/02 06/13/02 06/13/02 04/19/02 06/13/02 04/26/02 06/13/02

RELEASE DATE 06/26/02 06/26/02 06/26/02 06/26/02 06/26/02 06/26/02 06/26/02 04/22/02 06/26/02 05/01/02

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FINAL REPORT COMMITTEE

EDIT COMMITTEE

MISSION STATEMENT EDIT COMMITTEE

The main function of the Edit Committee is the preparation of the Final Report of the 2001-2002 Kern County Grand Jury. This Final Report is a compilation of all the work accomplished by the Grand Jury during the year. This includes editing, rewriting, proofreading, photography, layout, computer input, and selection of content. This year the Edit Committee has elected not only to produce a Final Report book, but also a supplement to be placed in the Bakersfield Californian newspaper. The Edit Committee would like to acknowledge and thank the following people who helped in the preparation of this Final Report: Deanna Maxwell, Grand Jury secretary; Ed Villalobos, reprographics department; Marianne Logan, Greg Nichols and David Vanderpool, Bakersfield Californian.

KERN COUNTY GRAND JURY 2001-2002 FINAL REPORT

PUBLISHER 2001-2002 KERN COUNTY GRAND JURY

EDITOR Elaine S. Hiatt EXECUTIVE EDITOR Richard L. Rutheurford SECRETARY Deanna P. Maxwell EDIT COMMITTEE Elaine S. Hiatt Chairman

MEMBERS Evelyn A. Baxter Binnie S. Callender Patricia L. Duffel Sharon I. Garland Thomas H. Hardy Patrice S. Kline

HEALTH, EDUCATION AND SOCIAL SERVICES COMMITTEE

ANTHONY W. NOCE Chairman BINNIE S. CALLENDER RAYMOND R. MORTIMER BARBARA M. SABOVICH

MISSION STATEMENT HEALTH, EDUCATION AND SOCIAL SERVICES COMMITTEE

The Health, Education & Social Services (HESS) Committee, pursuant to California Penal Code 914, is charged with the specific responsibility to investigate and report on all aspects of county government under their jurisdiction, including responding to citizens complaints. It is the mission of the HESS Committee to conduct those investigative inquiries as appropriate to safeguard the public interest. Due to this broad scope of responsibility and the number of opportunities for review, this committee chose those topics it considered to be the greatest general concern for review. The committee also investigated citizen complaints, examined budgets, researched city, county, state and federal topics, conducted interviews, met with both management and staff, toured facilities and attended public presentations. It was the committees concern not only to make the citizens of Kern County aware of their findings, but also to make long-range positive and economical recommendation, whenever possible, that would benefit the community as a whole. Agencies, departments, and subjects selected for investigation and reports as part of the 2001-2002 Kern County Grand Jury HESS Committees final report were:
Southern Kern Unified School District Kern County Emergency Medical Services Kern High School District Kern County School Districts/Schools Jamison Childrens Center Kern County Law Library Teen Courts In Kern County Kern County School Districts Board of Trustees

In addition, the agencies reviewed and/or inspected were:

Department of Human Services Arvin Union School District Panama-Buena Vista Union School District Taft City School District Di Giorgio School Fairfax School District Earl Warren Junior High School Tevis Junior High School Virginia Ave. School Edison Middle School Youth 2001 Summit Di Giorgio School District Edison School District Taft Union High School District Arvin High School Foothill High School Fairfax School Haven Drive Middle School Orangewood School

We were cordially received and would like to thank everyone for their cooperation throughout the year.

A. MIRIAM JAMISON CHILDRENS CENTER

PURPOSE: The purpose of this report is pursuant to California Penal Code 925, to follow up on previous Grand Jury recommendations (there have been six previous Grand Jury Reports on Jamison Center), to respond to a citizens complaint regarding possible child abuse by Jamison Center staff, to review budgets and to research topics relative to the investigation. It is also to describe the results of the investigative inquiry regarding the services provided by the Kern County Department of Human Services, relative to the Jamison Center. The findings and recommendations reported are based on Jamison facility visits and interviews with the following individuals and departments: Kern County Department Human Services Director, Jamison Center Former Director, Jamison Center Assistant Director, Jamison Center Doctor of Record, Jess Diamond Assessment Center Director, Kern County Department Mental Health (KCMH) Unit Supervisor, KCMH Patients Rights Advocate, KCMH Licensing Analyst, California Department Social Services Principal, Jamison Center School Complainant Director, Community Connection Child Care Kern County Department Public Health Services California Department Public Health Services Kern County Law Librarian California Field Representative, Department Social Services Kern County Deputy Sheriff Assigned to Missing Persons Department Cafeteria Director and Assistant Registered Nurse Assigned to Jamison Center

BACKGROUND: The A. Miriam Jamison Childrens Center was established in 1981 as a solution to a growing number of child abuse cases. The Center is Kern Countys only emergency shelter for abused, neglected, and exploited children. It is a 24 hour, short term emergency shelter facility, now licensed (since July 31, 2001) to operate under Title 22 of

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the California regulations as a Group Home by the State of Californias Department of Social Services. Its license is granted solely upon: Emergency Shelter for Children, 56 clients ages 6-17, 4 clients under age 6. Male and female clients, ambulatory only basis. Jamison Center is intended to be an emergency shelter for children aged 0 to 17. Although most children spend just a few days in Jamison Center before being placed in foster homes or returned to their own homes, others are there for extended stays. The average length of stay is nine days. Children are placed there through no fault of their own; instead, most of the children are victims of family emergencies and/or various types of child abuse. FINDINGS: Since receiving licensing in July 2001, the facility receives visits unannounced by the Community Care Licensing Branch of California Department of Social Services and receives a report of deficiencies and non-compliance issues. Citations for deficiencies are issued with a plan of correction established, and waiver requests are accepted. These waivers are subject to review and modification or termination by the licensing agency at any time. There were three waivers granted in October 2001: (1) forms which transfer custody of clients to Kern County Department of Human must be on file and clients shall be accepted on an emergency basis (2) no more that two clients are to sleep in one bedroom in some wings (3) the facility is not to exceed licensed capacity Failure to comply with these conditions may result in termination of the waiver. Any changes in existing conditions must be reported to the licensing agency immediately. The A. Miriam Jamison Childrens Center Foundation is a foundation of Kern County citizens who have contributed significantly by providing assistance monetarily and by volunteering many hours to add to the well being and pleasure of the children who are brought to the center. The facility is licensed to house 56 children. However, it is not unusual for the facility to house 90 children. Because the law prohibits any type of restraint, (Welfare and Institutions Code 206) it is commonplace for the children to run away. Jamison Center reported that the yearly average of 498 run-aways is projected to reach 800 this year. This happens on a regular basis and the children may attempt to return to their homes or walk the streets until they voluntarily return. It is a requirement of Jamison Center staff to notify the Sheriffs Department and file a missing persons report when children leave the premises without permission. As a result, there is a high potential for disaster and problems. On some occasions, children call the Sheriffs Department for a return ride to the Center, resulting in a large number of calls for assistance to that Department.

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Children requiring longer stays and high-risk children are sent out of the area since Kern County does not have its own facility to care for these children. Because the facility is very old and over-crowded, there are many occasions when third beds are installed in very small bedrooms designed to hold just two beds. This makes for wall-to-wall beds in rooms which are austere and cell like. California State law requires that all school age children be provided the means to continue their studies and certified teachers are on site for that purpose. This school is under the jurisdiction of the Kern County Superintendent of Schools. Children entering Jamison are tested and instructed according to their diagnosed reading level. Since their stay is often short, many do not have the opportunity to make any significant progress in learning. The center provides on site laundry and kitchen facilities. The Grand Jury was dismayed to discover that California State law has exempted these types of facilities from the Health and Safety Code, (Article 20, Section 114470 of the Retail Food Facilities Law) which regulates food handlers activities, on the basis of adverse effect. However, subsequent to this Committees review and to the credit of the California Department of Health Services and the Kern County Department of Human Services, the Jamison Center staff has now undergone and successfully passed physical examinations and testing for tuberculosis and hepatitis. The legislature expects the State Department of Social Services to consult with the State Department of Health Services and the State Department of Education to develop appropriate, separate, statutory food preparation provisions for these facilities. These recommendations were to be submitted to the legislature by the State Department of Social Services no later than January 1, 1991. To the knowledge of this Committee, this has not been accomplished. The Medical Director for Jamison Center spends little time at the Centers Jess Diamond Center, since he is employed by Kern Medical Center and also has a private practice. As a result, only 200 physical examinations of Jamison Center children who are admitted are performed each year. This is in sharp contrast to the 1300 physical examinations accomplished each year in the recent past. This results in many of the children admitted to Jamison not receiving a complete physical examination, including appropriate tests and immunizations in a timely fashion. It is not unusual for these routine examinations to reveal previous and undiagnosed serious physical problems, as well as evidence of past and/or current physical and sexual abuse. There appears to be inadequate and untrained mental health staff or social worker staff to properly monitor and supervise the care and well being of the children in Jamison who are subsequently placed in foster care.

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The facility is grim, depressing, institution like, crowded, sterile, and not at all child friendly. The walls are white without benefit of color or childrens artwork. The Department of Human Services and the Department of Mental Health do not communicate adequately relative to optimal approaches to troubled and/or problem children and deficiencies as noted by State regulatory agencies. The designated recreation room appears to be devoid of substantial stimulating, educational, or creative activity opportunities for the childrens enrichment. Funding for the operation of Jamison Center does not appear to be a high priority for the Department of Human Services. Rather, small amounts are deducted from the other regular programs budgets on an informal and unscheduled basis. The committee found no evidence of abuse to the children by Jamison Center staff.

RECOMMENDATIONS: The Department of Human Services should seek a solution that will protect the runaways safety and well-being. These children are the direct responsibility of the Department of Human Services while under the care of the Jamison Center.. Funds should be found to build a new Childrens Shelter complex that would include an increase in the capacity level of the facility in compliance with the Kern County Fire Department regulations and to facilitate a more protective environment. The Department of Human Services should plan for and acquire funding for its own high-risk childrens center. The Department of Human Services should make a request of the State of California Department of Social Services to follow up on the mandate to develop special provisions relative to the Health and Safety Code, (Article 20, Section 11470 of the Retail Food Facilities Law) which exempts Jamison Center from that regulation. Department of Human Services should make a concerted effort to cooperate with such government agencies as the Community Connection for Child Care, Kern County Superintendent of Schools, the Department of Mental Health Services, and other service clubs and organizations such as Bakersfield Museum of Art, A. Miriam Jamison Foundation, Kiwanis, Lions, Elks, which are noteworthy for their interest and concerns for the welfare, education, and enrichment of the childrens lives. These agencies could assist in developing a strategic plan to correct an environment which is woefully non- conducive to the psychological well being of the children.

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The Department of Human Services should include the Mental Health Department as a partner in correcting deficiencies found during State evaluation visits that pertain to emotional or psychological problems of the children. The Department of Human Services should consider repainting and refurbishing the facility to make the quarters for children more inviting and less depressing. The Department of Human Services should find and provide services, which increase the present level of monitoring the quality and continuity of care for children who are subsequently placed in foster care. The Department of Human Services should make application to the Kern County Children and Families Commission for funds to improve the lives of the children who through no fault of their own become the family of the Jamison Center and who have historically been overlooked by other programs for children. The Department of Human Services should provide for an increased level of time the physician spends on site to more efficiently monitor childrens health and safety needs. Jamison Centers volunteers and others who are not employed by the Department of Human Services should also submit to and pass tests for tuberculosis and hepatitis.

RESPONSE REQUIRED WITHIN 90 DAYS PRESIDING JUDGE KERN COUNTY SUPERIOR COURT 1415 TRUXTUN AVENUE BAKERSFIELD, CALIFORNIA 93301

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KERN COUNTY EMERGENCY MEDICAL SERVICES

PURPOSE OF INQUIRY: To describe the 2001-2002 Kern County Grand Jury Health, Education, and Social Services Committees results of an investigative inquiry of the Kern County Emergency Medical Services Department (EMS) pursuant to Penal Code Section 925. INTRODUCTION: The Emergency Medical Services Department is the lead agency for the emergency medical services system in Kern County and is responsible for coordinating all system participants in the County. Participants include the public, emergency service providers, and hospitals throughout the County. The Department provides various training programs for emergency medical services such as certification and recertification for local EMS personnel. FINDINGS: The EMS Department, previously under the auspice of the Kern County Fire Department and the Kern Medical Center, is presently under the direct supervision of the Kern County Board of Supervisors. Paramedic training is done at the EMS facility by the EMS staff. The rate of failure to pass certification for those trained outside the County is between 20-30%, while those trained within the County is 1-2%. The Interim Director does not meet the standard set by Kern County for the position of Director of EMS. The Interim Director lacks adequate formal education by not possessing a Bachelors Degree in Management or Health related field. The Interim Director of EMS is an Adjunct Professor of Bakersfield College instructing Emergency Medical Technician students. There have been occasions when the Interim Director utilized the EMS Facility for training students. Certification tests are maintained at this site. Interim Director monitors and certifies this program as well. EMS Interim Director has not presented a California Form 700 Disclosure Statement revealing that he is a general partner with BP Technologies who perform training for oil company personnel.

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RECOMMENDATIONS: A Director should be hired for the Kern County Emergency Medical Services Department who meets the job classification required by the County. The EMS Department should be reviewed regarding the staffing pattern and equipment usage to ensure an efficient operation. The EMS Department, acting as an independent department under the Board of Supervisors, should be placed under the Fire Department or the Department of Public Health as are the majority of Californias other EMS Departments. Initiate an investigation into the conflict of interest involving the current Interim Director and his involvement as an Adjunct Professor for Bakersfield College, monitoring the training program, and certifying the students.

RESPONSE REQUIRED: WITHIN 90 DAYS TO PRESIDING JUDGE KERN COUNTY SUPERIOR COURT 1415 TRUXTUN AVENUE BAKERSFIELD, CA 93301

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BOARD OF SUPERVISORS
SUPERVISORS
Jon McQuiston District 1 Steve A. Perez District 2 Barbara Patrick ...............District 3 District 4 Kenneth W. Peterson District 5 Pete H. Parra ...................

DENISE PENNELL CLERK OF BOARD OF SUPERVISORS

Kern County Administrative Center 1115 Truxtun Avenue, 5th Floor Bakersfield, California 93331 Telephone 661-868-3 585 TTY Relay 800-735-2929

................ ................. ......

February 5,2002

Arthur Wallace, Presiding Judge Kern County Superior Court 1415 Truxtun Avenue Bakersfield, CA 93301 Dear Judge Wallace: Transmitted herewith is the Board of Supervisors response to the findings and recommendations within the 2001-2002 Grand Jurys Final Report on the Countys Emergency Medical Services Department.

The Board of Supervisors thanks the Grand Jury for its review and report on this County department.
Sincerely,

Steve A. Perez, Chai Kern County Board of Supervisors

SP:ACK:POLGJEMSA.doc

Attachment

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Kern County Board of Supervisors . Response to Grand Jury Final Report KERN COUNTY EMERGENCY MEDICAL SERVICES DEPARTMENT Response to Findings: The Board of Supervisors notes that the findings are subbstantially correct, except that the Emergency Medical Services Department (EMS) has never been under the auspice of the Fire Department (Finding No. 1).

EMT Certification
The EMS Departments Medical Director, Dr. Robert Barnes, is responsible for certifying individuals as EMTs-emergency medical technicians, a certification that is recognized statewide. Those with access to training in Kern County for this certification may take classes at any community college-Taft College, Bakersfield College, Cerro Coso College, and from private schools, such as San Joaquin Valley College. The EMT program curriculum at these institutions is designed and taught in accordance with the standards established by the State; Dr. Barnes certifies the coursework as to meeting the State's standards. Individuals satisfactorily completing this coursework receive a Certificate of Completion by the educational institution. To apply for EMT certification, the individual brings the Certificate of Completion to the EMS Department and completes an application. The application is reviewed, and if the applicant meets the established criteria, Dr. Barnes issues an EMT certification. It is noted that no further testing is required; the Certificate of Completion from a local program is determined to be prima facia evidence that the individual possesses the necessary knowledge and skills. A certification will not be issued if the applicant does not meet other criteria, for example, if the applicant has a felony conviction record. The number of students not completing an EMT course or failing to satisfactorily complete a course is unknown. Kern Countys ability to process EMT applications more quickly and less expensively than other, areas of the State leads individuals to apply for certification here. For example, in Los Angeles County, it takes between 60 and 90 days to process an application. In Kern County it usually ation. takes less than 7 days. Because the EMS Medical Director has not certified EMT courses outside of the County, applicants participating in these programs are required to take an examination so that the applicants knowledge and skills can be verified. The exams are offered twice a month at the EMS. Department's facility and each exam session will have between 10 to 40 applicants attending.

Olive Drive Training Center

Bakersfield College offers a Fire Technology program, for which an EMT class is required coursework. The classes for this program are taught almost exclusively at the Olive Drive Training Center, a joint City of Bakersfield/County of Kern facility. When this facility is at capacity, other County facilities are put into use. Many County facilities are used for training purposes, including the building housing the EMS Department, where paramedic training is conducted. As public buildings, it is appropriate that County facilities be available for these purposes.

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Kern County Board of Supervisors Response to Grand Jury Final Report Emergency Medical Services Department Page 2
Outside Employment

The Grand Jury correctly notes that the Interim EMS Director is employed as an adjunct instructor for Bakersfield College and teaches EMT classes. While many County employees are employed as instructors by local colleges, the concern expressed by the Grand Jury was the possibility that a conflict of interest existed between the Interim Directors work responsibilities and the teaching responsibilities. This matter has been reviewed by County Counsel, which has opined that no conflict is present. According to the records available from the Auditor-Controller-County Clerk, Russell Blind, Interim EMS Director, is listed as a general partner in the business concern of B/P-Tec. When this business was established in 1997, Mr. Blind consulted with County Counsel as to whether a conflict of interest would be created by his involvement in this business venture. At that time, County Counsel opined that a conflict did exist. Mr. Blind has stated that since his 1997 consultation with County Counsel he has had no involvement with B/P-Tec, that he has no investment in the company, and has not received any revenue or payment from the company. Mr. Blind noted that the proper paperwork officially converting B/P-Tec from a general partnership business to a sole proprietorship was not completed as it should have been in 1997. When this was brought to his attention via the Grand Jurys report, Mr. Blind took steps to remedy this technical issue. Response to Recommendations:
Recommendation #1: The County is preparing to open a recruitment to fill the EMS Director position with a permanent appointment. This employment opportunity will be widely marketed and it is expected that this recruitment will result in a large pool of candidates. Recommendation #2: As the Grand Jury is aware, the County constantly strives to improve the quality of service provided to its customers. The County engages in frequent reviews of departments organizational structures and functions to assess the most effective way a department can provide services. It is fully expected that the permanent appointee to the director position will thoroughly evaluate the departments operations and organizational structures, and will make recommendations for changes accor Recommendation #3: When the EMS Department was established as an independent, stand-alone departmenta significant amount of study and an in-depth review of the options available to the Board was conducted. This study provided the basis for the decision to establish the EMS function as a separate department. Addressed in the study was full consideration of the conflicts of interest that may arise with other County departments that respond to medical emergencies, such as the Fire Department, and the need for the EMS function to operate objectively and independently in dealing with private medical emergency responders. Recommendation #4: As noted above, Mr. Blinds employment with Bakersfield College has been reviewed- by County Counsel and no conflict with Mr. Blind's work responsibilities was identified.

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KERN COUNTY LAW LIBRARY

PURPOSE: Pursuant to California Penal Code 925 the Health, Education, and Social Services Committee of the Grand Jury is making this report to follow up on previous grand jury recommendations. The Grand Jury is also reviewing the current status of the Kern County Law Library. It is the function of the Law Library to provide current legal materials which promote knowledge of law to Kern County citizenry. This collection is maintained in good order and is accessible to all users. Public service is provided to assist in the utilization of library materials. BACKGROUND: The Kern County Law Library, located at 1415 Truxtun Avenue, Rm. 301 is an independent public corporation organized under the California Business and Professions Code, Section 6300 et seq. The Board of Trustees membership consists of five Superior Court Judges, two attorneys, one of whom is selected by the Kern County Bar Association. The Law Librarian serves as secretary to the board. Library staff members serve at the will of the Board of Trustees. Previous recommendations made in the 1994-95 and the 1995-96 Grand Jury final reports that additional methods of funding, security improvements, additional staff, and CD/Rom and Fax systems were needed. All of these recommendations have been accomplished. The law library provides the following services: the use of a photocopier, typewriter, computers (with internet access), self-help inter-library loan access, microfiche tapes, Virtual Law Library. In addition, within the past four years the library has selffunded and completed a major remodeling project. This has resulted in a facility of which Kern County residents can be proud and is continuing to move forward as a leader in the State of Californias Law Library community. RECOMMENDATION: The County Board of Supervisors, Board of Law Library Trustees of Kern County, Law Librarian and staff can be applauded for a job well done. NO RESPONSE REQUIRED:

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KERN COUNTY SCHOOL DISTRICTS AND SCHOOLS REPORT

PURPOSE: One of the responsibilities of the Health, Education and Social Services Committee (HESS) is to review budgets, programs, and activities of Kern County Schools on a regular basis. The HESS committee of the 2001-2002 Grand Jurys priority was to visit school districts and schools that had not been visited in recent years and to seek successful programs that could be suggested to other school districts for possible implementation. FINDINGS: The following programs are offered at several of the school districts visited:

The Accelerated Reading Program which introduces young students to the world of books and computers. Student, parent, and community on-site recycling programs, which teach responsibility for the environment as well as support for school activities. The community supported Manufacturing Academy, which brings business and students together in a positive learning experience. The Exploring Technology Program, where students have a hands-on experience with high-tech projects such as building rockets. The Video Experiences Program, where skills in production can be beneficial to both the students and schools in the communication fields. The involvement of student activity in the physical beautification and care of the school grounds, including the planting of trees and installing exterior fixtures on-site such as benches, etc. The Oil-Technology Academy, which introduces students to careers in the petroleum and technology industries vital to our community. Special Education Programs, that ensure equal opportunity for every child in a safe and nurturing environment. Programs similar to the Parent Resource Center, where parents learn to become more involved with their childrens educational needs.

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Day Care Programs, that allow children to be in a safe and healthful environment while their parents are being productive and responsible citizens in their community. Programs such as the SB65 (School-Based Public Motivation Program), enabling students who might otherwise be expelled, to return to their regular classrooms. Programs such as the BTSA (Beginning Teacher Support & Assessment Program) which assists new teachers.

RECOMMENDATIONS: Make technology a priority, enabling children to compete in todays job market. Increase the availability of Manual Arts classes at the high school level. Improve planning for population growth in the schools to eliminate the necessity for re-zoning in building additional schools. Smaller schools districts could benefit by meeting and sharing information with other small school districts.

NO RESPONSE REQUIRED

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KERN COUNTY SCHOOL DISTRICTS TRUSTEES COMPENSATION

PURPOSE: This report is submitted pursuant to California Penal Code 925, to follow up on a Bakersfield Californian article of March 25, 2001 entitled Taxpayers foot bill for trustee perks, and to respond to a citizen complaint alleging possible abuse of taxpayer funds. The 2001-2002 Kern County Grand Jury submitted copies of a survey to 47 Kern County School Districts. The survey requested information relative to the number of students per district, number of trustees serving, benefits provided to trustees, yearly cost to the district per trustee, benefits to trustee family members, and duration of benefits provided. BACKGROUND: It is the function of school trustees to set district policy and oversee the educational system in accordance with Federal and State Policy. Primary responsibilities of school trustees are to set direction for the district, provide a structure by establishing policy, ensure accountability, and provide community leadership on behalf of the district and public education. The practice of offering school board trustees health benefits and stipends is a relatively recent phenomenon. Other than allowances for expenses related to attending conferences and training sessions, trustees in the past considered their membership on school boards a public service. Gradually, trustees began to receive various types of benefits. The California School Boards Association, which represents nearly 1000 school boards statewide, reports that board member compensation is determined at the discretion of the individual school district. However, California State Government Code, Sections 53201 and 53205, limits these amounts and restricts conditions under which school boards may provide benefits to retired board trustees. More specifically, subdivision (a) of government code, section 53201 authorizes the district to provide health and welfare benefits to its officers, employees, and retired employees who elect to accept the benefits. Section (c) states that districts providing benefits to former members may not continue to provide these benefits to any person first elected to a term of office that began after January 1, 1995. Education code 35120 (5) states that school districts with average daily attendance for the previous year of 10,000 or less, but more than 1,000, may provide stipends to trustees who attend all meetings, a sum not to exceed $240.00 in any month. By contrast, Section (6) of the same code provides that in any school district with average daily attendance of less than 150 for the previous year, trustees may be paid a stipend not to exceed $60.00 a month.*

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FINDINGS:

Recent practices of Kern County School Boards include the provision of extensive

insurance benefits such as: health, dental, vision, psychological, cancer, life, and prescription drugs to school board trustees. In addition, some districts have added a monthly or per meeting stipend. In almost all cases, health benefits are extended to trustees family members. The duration of these benefits ranged from trustees terms in office to lifetime benefits. Costs for insurance benefits on a yearly basis, range from $67 to $64,165 per district. In seven school districts, no benefits and no stipends were offered. In four school districts, school boards received only a monthly stipend ranging from $3,600 to $24,000 each year, with no insurance benefits. In four school districts, school board members receive both a monthly stipend and insurance benefits. California State law allows trustees to vote their own benefits as long as they fall within the parameters of the law. The provision of stipends and expensive benefits to school trustees seems to have become the rule rather than the exception. There appears to be little relationship between the size of the school district and the amount of benefits trustees receive. If school board members followed the example of the seven Kern County School Districts who performed their duties without benefits, a savings of $1,420,511 would be realized. Trustees serving the districts of Belridge, Blake, Caliente Union, General Shafter, Kernville Union, Linns Valley-Poso Flat, and Rio Bravo-Greeley are to be commended for serving with no stipends and no health and welfare insurance.

RECOMMENDATIONS:

districts to consider oversight of the amounts of money being spent on school trustees benefits in proportion to amounts spent per student. Voters need to be more involved in the election of school district trustees. They also need to be more aware of the qualifications and character of the candidates. It is important for the voters to know candidates views on important issues and motivations for seeking office. Trustees should give serious consideration to declining acceptance of compensation and consider their role to be public service as their predecessors did. *Some trustees may decline benefits.

The Kern County Superintendent of Schools should encourage individual school

NO RESPONSE REQUIRED

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 The wide variation in trustee compensation and benefits is illustrated in the following
table:
SCHOOL DISTRICTS Arvin Union Bakersfield City Beardsley Belridge Blake Buttonwillow Union Caliente Union Delano Union Delano Joint Union High Di Giorgio Edison El Tejon Unified Elk Hills Fairfax Fruitvale General Shafter Greenfield Union Kern High Kernville Union Lakeside Union Elementary Lamont Linns Valley-Poso Flat Lost Hills Union Maple Maricopa McFarland Unified McKittrick Midway Mojave Unified Muroc Joint Unified Norris Panama-Buena Vista Pond Union Richland Rio Bravo-Greeley Rosedale Union Sierra Sands Unified Semitropic South Fork Union Southern Kern Unified Standard Taft City Taft Union High Tehachapi Unified Vineland Wasco Union Wasco Union High Kern County Board of Education TOTALS * ADA= Average Daily Attendance ADA * 2,538 25,607 1,515 35 13 360 121 6,585 3220 216 772 1390 73 1310 2,743 208 6,232 32,036 949 1,105 2,680 60 492 254 360 2584 52 100 2,405 2,299 1,580 13,231 165 2,393 731 3,797 5,500 275 354 3,004 2,600 1,977 830 4,675 820 2,573 1,200 3,030 #TRUSTEES 5 5 4 2 3 5 5 5 3 of 5 2 4 5 5 5 5 2 5 4 of 5 5 5 5 5 5 3 5 5 3 3 5 5 5 5 5 4 5 4 7 3 4 5 4 5 5 7 5 5 5 7 YEARLY STIPEND TOTAL** None None None None None None None $14,400.00 None None None $14,400.00 $3,600.00 None None None None None None None None None $6,000 None None None None None $14,400.00 $12,000.00 None $24,000.00 None None None None $20,160.00 None None None None None None None None None None $6,720.00 YEARLY BENEFIT TOTAL** $40,898.00 $43,413.00 $35,376.00 None None $27,575.00 None $42,090.00 $26,172.00 $13,808.00 $67.00 None None $42,876.00 $38,375.00 None $36,386.00 $29,432.00 None $44,081.00 $41,658.00 None $38,040.00 $25,745.00 $44,960.00 $41,370.00 $28,041.00 $32,452.00 None None $38,830.00 $43,750.00 $43,518.00 $35,692.00 None $39,256.00 $64,165.00 $26,208.00 $34,756.00 $58,300.00 $33,204.00 $47,275.00 $52,620.00 $47,103.00 $39,845.00 $42,070.00 $42,830.00 $58,274.00

147,049 215 $115,688.00 $1,420,511.00 ** Yearly totals include all costs for all trustees and families

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SPECIAL EDUCATION PROGRAM SOUTHERN KERN UNIFIED SCHOOL DISTRICT

PURPOSE OF INQUIRY: To report the results of an investigative inquiry of the Special Education Program of the Southern Kern Unified School District pursuant to Penal Code Section 925. Numerous parents complaints were received regarding the manner in which the school district identifies and provides appropriate educational intervention for special education students. INTRODUCTION: The intent of the state legislature provided through Educational Code (EC) Section Number 56300, Chapter 4, Article I, districts shall systematically seek out all individuals with exceptional needs in school through age 21 who reside in the district through a continuous child find system. It must then provide for assessment of that individuals needs, followed by a plan to meet those needs. Provision is further made by which parents must receive written notification of all parental rights in this section: EC, Part 30, Special Education Programs, Chapter I of General Provisions Article I, beginning in EC 56000, states in part: The legislature finds and declares that all individuals with exceptional needs have a right to participate in free, appropriate, public education to meet their unique needs. Questions Developed: Does the Southern Kern Unified School Districts Plan for Special Education effectively, properly, and legally identify students with exceptional needs? Does the Special Education Plan provided by the District offer adequate intervention assistance as provided for in the Education Code? Is the high number of special education students (298) transferring to other districts a reflection of parents lack of confidence in their childrens progress? Has the Special Education Local Plan Area (SELPA) Director provided adequate opportunities to the Director of Special Education at Southern Kern Unified School District for adequate training in special education? Have all non-compliance issues found by the State Department of Education during their review of the program been resolved?

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PROCEDURE: Inquiry procedures included an on site visit with members of the administration, interviews with parents, County Superintendent of Schools, Director of Special Education, Assistant Superintendent of Kern County Schools, Administrator of Kern County Superintendents Special Education Division, Assistant Superintendent of Kern County Schools, SELPA representative, Southern Kern Unified School District Administration, and a review of the schools special education budget. FINDINGS: District is operating its own Special Education Program with no direction by the County Superintendent of Schools Special Education Director. It was reported that 20-25% of IEPs (Individual Education Program) were not being implemented as agreed upon by parents, teachers, and Administrators. During inquiry at school site it was found that the District had difficulty finding qualified special education teachers. While mediation process was underway parents felt isolated and did not understand the process in which they were involved. Parents became alienated from the schools process of fulfilling the special needs of their childrens education. Parents have removed their children from the District and elected to follow a home teaching program to provide for their childs identified special needs. Parents have been denied their established rights to their childrens IEP records. There are students currently receiving only intermittent assistance due to the lack of a specialized classroom as required by the statute referenced in this report. Parents have appealed to: The Office of Civil Rights The California State Department of Educations Special Education Department Kern County Superintendent of Schools Southern Kern Unified Schools Board of Trustees, Superintendent, Principal, and its Director of Special Education. Complaints Management and Mediation Unit, Special Education Funding for the Special Education Program was considered adequate for this State and Federally funded program and has recently been awarded additional funds.

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RECOMMENDATIONS: The Board of Trustees should initiate a review of the process used in the mediation and Individualized Education Program plan meetings, to assure a non-adversarial atmosphere with good communication and translation (when needed) for all parties, parents, psychologist, teachers, and administration as required by: Public Law 94142; Ed. Code Articles; Title V, Division I-Articles 1-8 1 & 2 (56000 and 56020 inclusive) California Code of Regulations. The Board of Trustees should initiate action to schedule and hold an Individualized Educational Program meeting for all cases identified as in need, with an annual date for review (or more if parent requests) being set at the first IEP meeting. The Superintendent of the Southern Kern Unified School District should monitor implementation of IEP plans, a responsibility of the Districts Special Education Director, on a monthly basis. The Southern Kern Unified School District contact the Kern County Network for Children for possible training of their advocates to better assist parents in understanding IEPs. Also include literature in every school to inform parents of the Kern County Network for Children and the help it can provide special education student families.

RESPONSE REQUIRED

WITHIN 90 DAYS
PRESIDING JUDGE KERN COUNTY SUPERIOR COURT 1415 TRUXTUN AVENUE BAKERSFIELD, CALIFORNIA 93301

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SOUTHERN KERN UNIFIED SCHOOL DISTRICT

P.O. Drawer CC Rosamond, CA 93560

(661) 256-5000

Fax (661) 256-1247

March 15, 2002

Presiding Judge Kern County Superior Court 1415 Truxtun Avenue Bakersfield, CA 9330 I Dear Sir: Enclosed is the district response to the Grand Jury Preliminary Report regarding the Special Education Program in the Southern Kern Unified School District.
Sincerely,

Rodney ?hn Norman Norman Interim Superintendent

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March 15, 2002 In the summer of 2001, the Grand Jury County of Kern Health, Education, and Social Services Committee undertook an investigation of the Special Education Program in the Southern Kern Unified School District. On December 21, 2001, the Grand Jury submitted a report to the Board of Supervisors and provided the district with a copy. The three-page Grand Jury committee report consisted of an introduction, five questions developed, eight findings, and four recommendations. The District will respond to each section. QUESTIONS DEVELOPED: With the exception of one question, the District agrees the questions developed were formulated toward providing a fair and balanced investigation of the matter. The question the District does not agree was valid was: Is the high number of special education students (298) transferring to other districts a reflection of parents lack of confidence in their childrens program? Prior to releasing the report to the media, the Committee telephone the District offering the District an opportunity to correct any glaring inconsistencies in the preliminary report. The District responded that the 298 figure was inaccurate and had been provided to the Committee in a totally different context. At the time, the District had only 291 special education students so it would have not been possible for 295 special education students to leave. In fact, the number of special education students who transferred out was 4 or less than 2%. The 298 referred to all District students, regular education and special education, transferring to other districts. Rosamond is a predominantly commuter or bedroom community with most jobs located outside the community. For over two decades about 10% of the Districts students have transferred out to be near their parents place of employment. About 85% of these students transfer to schools on Edwards Air Force Base (AFB). Discounting Edwards AFB, the number of students transferring into or out of the district is about the same. The District asked that this inaccuracy be corrected in the preliminary report but the Committee stated the District should address the issue in its response.

FINDINGS AND RECOMMENDATIONS:

Following is a detailed response to the reports findings and recommendations. In accordance with Penal Code 933.05, the District has indicated whether it agrees, partially agrees, or disagrees with each finding and the present status of each recommendation. The District agrees that communication between parents and staff was in need of improvement. Some parents indicated that they found it difficult to work with administrative staff toward resolution of concerns. District agrees that some parents had difficulty working with administrative staff Admittedly, the number of complaints from District parents has increased. Generally however, working relationships and communications between parents and teaching staff were good.

Grand Jury Response

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Information from the California Dept. of Education Complaints Management & Mediation Unit indicates that across the State of California, the number of complaints has increased from 356 in 1995/96 to 1191 in 2000/01. Interestingly, the number of special education students has increased from 571,000 in 1995/96 to 651,000 in 2000/01. That means that the special education population has increased by about 14%, while the number of complaints filed with the State have increased by over 300%. District is aware of the increasing desires of special education students and their parents. District is committed to working with students and parents to provide FAPE (free and public education). In striving to reach that goal, there have been numerous changes within Districts Special Education program since late fall 2001. Some of these changes were not incorporated into the preliminary report, such as Districts appointment of a new coordinator of special education and the establishment of monthly District CAC (community advisory committee) meetings to increase Districts accessibility. To better respond to this Preliminary Report, specific responses to each Finding are listed below:

>

District operating its own SpeciaI Education program with no direction from Kern Co. Supt. of Schools Special Education Director - District partially agrees with the finding o District does have the responsibility to operate its own programs. These programs include, but are not limited to RSP, SDC, SDL (severe disorders of language) and speech. However: District is one of 45 participating districts in the Kern County Consortium SELPA (Special Education Local Plan Area) (See attached information) SELPA provides member districts with services such as program specialists who can assist with curriculum development, resource identification, teacher/staff/parent support and professional development. SELPA also provides assistance in placements for students with severe disabilities or Inter-SELPA placement. District is participating in professional development sponsored by SELPA (example - IEP teacher trainings held within District, IEP administrative staff trainings, sending teachers to SELPA sponsored training) District operating its own Special Education program with no direction from Kern CO.Supt. of Schools Special Education Director (Contd) District works with Kern Co. Supt. of Schools Office (KCSOS) which is the administrative unit for the Kern County Consortium SELPA. Through KCSOS and District partnership, KCSOS provides such DIS (designated instructional services) as Adapted Physical Education, Occupational Therapy and Visual/Orientation & Mobility services for eligible students. District has special education students in KCSOS special education classes that provide services for students with severe/low incidence kinds of disabilities. * KCSOS also provides transportation services for some of Districts students who are attending KCSOS classes.

Grand Jury Response

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>

Report that 20-25% of IEPs were not being implemented as agreed upon by parents, teachers, and administrators - District disagrees partially with finding o It is difficult to verify the 20-25% figure because District was not given the Grand Jurys source of information. As of December 1,2001, the count of students receiving special education services was 29 1. 9 When reporting data to County and State in December 2001, 49 items of non-compliance were found. Non-compliance, on this December report, is defined as annual and/or triennial IEP's not documented as held by their due date. In several cases, more than one timeline non-compliance was reported for a single student (8 students in this category). This means 14.1% were non-compliant as to timeline regulations. These timeline errors are being, corrected. Timeline non-compliance does not necessarily mean students were not receiving the program outlined in the IEP. o If this refers to the complaints filed by parents, complaints may be filed by parents regarding almost any concern. Complaints filed by parents may contain one or more complaints. Frequent reasons for complaints were listed in the introduction of this response document. The number of complaints filed by Districts parents has increased, just as complaints have increased across the state. In 2001, Districts parents filed six complaints. Several families have filed more than one complaint. District has worked through these complaints, making changes where necessary. State indicates there have been no new complaints filed by Districts parents since December 2001. o If this refers to requests for parents requesting due process in the form of mediation, there have been five mediations. Some of these mediations included the same families that filed complaints.

r. Districts difficulty finding qualified special education teachers - District agrees with finding 0 District, similar to most other school districts in California, does have difficulty finding special education teachers. There is a shortage of fullyqualified special education teachers throughout the state. 0 District has advertised at universities/colleges and recruited in and out of state for qualified teachers. 0 District uses available resources to train teachers who are currently on staff. SELPA resources have been used for trainings. District has monthly staff meetings to discuss procedures, new information, etc. 0 District is committed to providing FAPE (free and appropriate education). For example, District has contracted with a non-school agency in order to provide speech therapy services, because qualified speech therapists could not be found.

Grand Jury Response

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P Parents report that they (parents) felt isolated and did not understand mediation process that they (parents) initiated - District partially agrees with finding o Mediation is a process that can be initiated by parents or school districts when parents and the district cannot agree on placement/services, etc. o Parents or the school district can elect to try mediation before proceeding to a Due Process Hearing. If mediation is selected, a mediator is selected through the Special Education Hearing Office (SEHO). Mediation is encouraged by SEHO. Districts are informed that Mediation/Due Process has been initiated by SEHO. Once mediation has been initiated, the mediator contacts parents and District. The mediator facilitates mediation and works with the parents and District to mediate, or solve, the differences between parent and district. To date, all mediations requested through SEHO have been initiated by parents. o In the parents rights, given to parents by District, mediation is summarized. When parents request mediation from SEHO, SEHO explains mediation to parents. o The district is willing to answer parents questions regarding mediation. The Districts appointment of a different special education coordinator is also trying to increase communication with parents. However, the mediator, selected by SEHO, is certainly a major player who can help parents through the process that they, the parents, have initiated. o In an effort to increase communication between parents and District, District has established its own CAC (community advisory committee). The CAC began meeting on a monthly basis in October 2001. At the February meeting, three parents attended. o Other efforts to increase communication between parents and District are in process. For example: m CAC members are going to develop a parent interest survey so that parent information/trainings next school year will address expressed interests of parents Written notices have been sent home to parents regarding CAC meetings
@

>

Parents report that they (parents) felt isolated and did not understand mediation process that they (parent) initiated - District partially agrees with finding (Contd) m Parents of special education students will be asked if they would like to be on an e-mail listing, in order to receive timely information. Several CAC members have already gut their names on the e-mail listing.

Grand Jury Response

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0 Parents have removed their children from the District and elected to follow a home-

teaching program to provide for their childrens special education needs - District partially agrees with finding 0 District is aware of one (1) family who has voluntarily removed their child from District. In this instance District met numerous times with family and the familys advocates regarding services. District had been providing student with services and was willing to continue services. Disagreements arose around issues including, the identification of the students disability. Family refused to have child identified as having a disability. Special education requires students to meet eligibility criteria, including requiring students to have an identified disability. 0 District has looked into Inter-District transfers for the 2001/02 school year. As of this date, 325 Inter-District transfers have been approved for the 2001/02 school year. Out of these Inter-District transfers, four are identified as special education students. Of the four, one was moving with family to Lancaster, so was included as an Inter-District. m The remaining three list reason as parent workplace in other district 0 District does not have a listing of students who 1eft district and did not complete an Inter-District transfer. 0 Compared to December count (291 students in special education), District currently has 314 students enrolled in special education. 0 District does have 8 students attending Kern County Supt. Of Schools (KCSOS) severely handicapped programs. Programs for these students are not available within the District. 0 District does have 7 severely handicapped students attending programs in L o s Angeles County, through Inter-SELPA agreements. These 7 students have been attending these programs for several years. Programs for these students are not available within the District or within a reasonable distance within Kern County. 0 District does have 2 students attending specialized programs (California School for the Deaf-Riverside). Programs for these students are not available within the District or in Kern County, within a reasonable distance from District. finding o Grand Jury declined to inform District of specifics, so this, again, is difficult on the part of the District, to determine if we agree or not. o District is aware of several families who received its special education records after established timelines but has not been contacted by a parent of a special education child who did not receive records.

P Parents denied rights to childrens IEP records - District partially agrees with

Grand Jury Response

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>

Intermittent assistance due to lack of specialized classroom as required by Statute District partially agrees with finding 0 Again, without specifics from the Grand Jury, it is difficult to react to this item. 0 District provides services, as agreed to in students IEPs. In several situations, parents and District disagreed regarding implementation of FAPE. This may have resulted in the allegation of lack of specialized classrooms, and, further, may be one or more of the requests filed for Mediation. 0 Additional services such as Occupational Therapy, Adapted Physical Education are sometimes required by students IEPs. In past situations, some of these services have not been provided in a timely manner. 0 Appropriate services are often considered services, not a place or classroom. Because District is geographically isolated, District has tried to be creative in order to provide appropriate services. Sometimes parents perception is that there is only one way to provide appropriate services for their student. This, again, may result in complaints and/or requests for Mediation. 0 As stated in Removing children from District above, a number of District students are being served in specialized programs outside the District through Inter-Selpa agreements. 0 Inter-Selpa agreements are much more difficult to acquire now. In several instances, District requested an Inter-SELPA agreement for students. The Los Angeles SELPA denied the Inter-SELPA agreements. In these cases, District works with parents, using resources such as KCSOS and Kern Co. SELPA, to provide an appropriate program for a student. 0 Sometimes, parents reject proposed placements. In at least one instance, District requested placement of a student in a class operated by Kern County Supt. of Schools Office. Parents rejected this placement option. 0 In two recent situations, District worked with parents and two students are now enrolIed in the California School for the Deaf, Riverside. 0 In at least one situation, parent and District disagreed regarding appropriate services for the student. A mediated agreement was reached.

Grand Jury Response

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RESPONSE TO RECOMMENDATIONS FROM PRELIMINARY REPORT OF GRAND

JURY:
+:a

REVIEW OF MEDIATION PROCESS AND IEP MEETINGS TO ASSURE A NON-ADVERSIAL ATMOSPHERE WITH GOOD COMMUNICATION AND TRANSITION (WHERE NEEDED) FOR ALL PARTIES o As referenced in above responses, the mediation process is a structured process and, in all cases to date, have been requested by parents. o District has completed trainings on communication with special education staff, administration, and parents. o District is working with SELPA to provide additional training in the area of Transition. o District is in the processing of completing interest surveys for both staff and parents to determine areas of further training. o District is holding monthly speciaI education staff meetings. o District is working with parents, holding monthly CAC meetings. o It is hoped that all parties come to the IEP table in a non-adversarial manner because we are all at the IEP table for the student. SCHEDULE AND HOLD IEPS FOR ALL CASES IDENTIFIED AS IN NEED SETTING ANNUAL DATE FOR REVIEW o District staff are holding IEPs for all those who require an IEP. Timeline errors have occurred in this area. This area is being corrected. o If parents request more than one meeting a year, additional IEPs are being held. MONITORING OF IEPS o IEPs are monitored on a monthly basis. This is done by special education coordinator, teaching staff, and support staff o The Superintendent is kept informed of this process. DISTRTCT SHOULD CONTACT THE KERN COUNTY NETWORK FOR CHILDREN FOR TRAINING OF ADVOCATES TO ASSIST PARENTS TO UNDERSTAND IEPS AND ADD KCNC LITERATURE AT EACH SCHOOL. 0 District participates in a collaborative (Rosamond Collaborative) that is in partnership with the Kern County Network for Children. This partnership helps to provide general services for families within the Rosamond area (i,e., food, clothing, job resources, job training, parenting skills training, and linkage with other family agencies or services). 0 When contacted, KCNC staff indicated that their primary services involving working with collaboratives, training collaborative family advocates (to help parents access services such as those listed above), and offering linkage to other agencies or services. 0 District is working with Kern County SELPA in order to provide training for staff and parents to foster good communication and understanding of IEPs. Trainings for parents and staff have been held in these areas. 0 District has received Child Find and Search and Serve information from Kern County SELPA. These materials are being distributed to school sites.

Grand Jury Response

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In summation, the District had 291 special education students as of December 2001, as aware of Six complaints and five mediation requests submitted. The District agrees that one complaint is one too many. Although the District has partially or wholly disagreed with portions of the report, the District is pleased to respond and is committed to improving special education for its students.

Grand Jury Response

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TEEN COURTS
A PROGRAM THAT WORKS

The Kern County 2001-2002 Grand Jurys Health, Education and Social Services (HESS) Committee, while conducting an inquiry into the use of steroids by students in Kern County, became aware of the East Kern Youth Authoritys Teen Court Program. The committee, in conjunction with the Jurys Law and Justice Committee, felt that this program should be brought to the communitys attention. The following are the committees findings and recommendations. The Mission Statement of the East Kern Youth Authority Teen Court Program reads: The Teen Court Program was established as an alternative to the formal juvenile justice system. The goal of Teen Court is to engage and empower youth in the judicial process by giving teen defendants the opportunity to take responsibility for their actions and learn from their mistakes while avoiding a Juvenile record. Teen Court does not decide guilt or innocence-only the consequences for an admitted offense. The program incorporates cooperation, collaboration, and networking with both public agencies and other private non-profit organizations, with the unanimous goal to provide a consistent system of services, support and accountability for the youth involved. FINDINGS: In 1999-2000 there were 10,087 referrals to probation. There are Teen Courts in East Kern and Bakersfield. There is a Teen Court scheduled for the Lamont/Arvin community in the near future. There are now about 400-500 youth that choose the alternate Teen Court system in Kern County each year. Parent involvement is required for an offender to participate in the Teen Court Program. The youth offender must plead guilty and be a first time offender to be accepted in the program. Approximately 50% of the youth complete the program. Those who do not are returned to the Juvenile Probation Department for formal processing.

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Approximately 90% of those who complete the program do not become second time offenders as juveniles (approximately 180 youth between the two programs every year in Kern County). Allowing just one youth to leave high school for a life of crime and drug abuse costs society approximately $2 million. * The East Kern Youth Authority Teen Court operates on a budget of less than $50,000.00 a year. Both Teen Court Programs in Kern County lack necessary funding that would allow growth and long-term stability.

RECOMMENDATION: The communities of Kern County should continue to support these very successful, effective and long-term cost-saving programs with service and funds. These programs offer the opportunity for youth to avoid a life of crime, and become solid self-supporting citizens. NO RESPONSE REQUIRED * The National Center for Juvenile Justice. Sept. 1999.

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USE OF STEROIDS IN SCHOOLS

PURPOSE OF INQUIRY: The Health, Education, and Social Services Committee of the 2001-2002 Kern County Grand Jury wanted to address concerns of the community and examine the validity of the allegations, assumptions and speculations, expressed in the local and national media, regarding the use of steroids in schools. With this goal the Committee has prepared this report using a specific planned and triangulated approach, in logical sequence, to conduct assessments through interviews that would develop relevant facts and define the problem. Questions Developed: How are steroids obtained and by whom? Are illegal drugs being used in the school population and to what degree? What are the effects of steroids on students health and school performance? What is the evidence of steroid use by students and athletes and is the evidence verifiable? Would coaches support drug testing of athletes? What programs are in place that reduce risk factors fostering the use of anabolic steroids in high school athletes? How much education have coaches received in the detection and use of steroids? Are pressures placed on students by their parents, to gain athletic scholarships, a factor in their use of steroids? How are Title IV (Drug Prevention) funds utilized in individual high schools? What are students learning about the serious threat of steroid use to their physical and emotional health? Are steroids an out-of-control substance?

FINDINGS: Interviewees: Kern High School Superintendent Kern County High School Athletes Kern High School Vice Principal Varsity Coaches NFL Athlete Parents Teachers Superintendent Of Schools Instructional Media Coordinator, Physical and Health Education Kern County Drug Free Youth Summit 2001 Instructors Director, Kern High School Support Services Director, Athletic Department, Kern High School District

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Assistant Principal/Dean Kern County Coroner

Local High School Issues: The pressure to win in athletics was coming from parents and peers, not coaches and administrators. Athletes are not being given consistent and persistent warning about the potential danger of anabolic steroid usage either before, during, or after practice sessions. Parents are not being given warnings about their childs suspected use of illegal steroids. Although parents are concerned about steroid drug use, they are not always receptive regarding their own child. Internet search and magazines are making both injectable as well as pill form available through the mail. Adults did not seem to be aware of the term roid rage that students were referring to when describing their friends behavior. Since there is no test for steroid use athletes need to be proven steroid users to be expelled from playing sports. Additionally, coaches felt schools are not allowed to test for steroids as students have rights. School attorneys have advised there are too many problems with testing minor children. Administrators felt that society is not saying no to steroids at this time. Steroid use in our students is not seen as a priority item on School Board Agendas. Students feel that predisposing risk factors for steroid use among male adolescent athletes were: Use of drugs among friends Fewer reasons not to use Perceived low severity of side effects Low ability to turn down drugs Perceived coach tolerance Win-at-all-costs attitude Availability Perceived vulnerability Impulsive behavior

Some coaches agreed that the use of posters in locker rooms indicating the dangers involved in the use of steroids should have been utilized. Coaches felt a state mandated program educating students on steroid abuse could be implemented in school weight-training programs. Coaches agreed they need additional training on hazards of steroid usage. Coaches and teachers are concerned about the health of their students. Children are in need of role models to emulate. Local DARE Programs are successful at 5-8 grade level. Coaches suggest parents test their own child for suspected drug use as testing procedures are expensive to school districts. Steroid use is not limited to male and female athletes. Coaches recognized steroid usage by athletes in the 90s. Signs of use are water retention, acne, big chin, shaved body hair, aggressive behavior, and adverse sexual effects.

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Coaches reported: If some players do not have the skills to be successful they use steroids to give them an edge. A student athlete felt that out of 55 players on his team at least 11 were users of steroids. Students are using lunch money to purchase steroids to enhance athletic ability. Coaches and athletes felt most steroids were being bought in Mexico and brought back to local schools and sold. Some health classes and coaches were inviting speakers from local gyms to discuss health food additives, herbs, vitamins, and creatine powders. The administrators do not make athletic departments aware of drug prevention films and videos available at Kern County Superintendent of Schools Instructional Media Library.

National Issues: Steroid abuse is prevalent among male athletes as well as females. Los Angeles Times has reported that the U.S. Customs Service has detained Bakersfield high school students at the Mexican border for possession of steroids. National Football League anti-steroid mandated programs for players. School districts do not have the expertise to address steroid abuse. Since creatine and androstenedione are not classified as drugs, there is no guarantee of their purity or regulation by the Food and Drug Administration. The National Football League, The National Collegiate Athletic Association and the International Olympic Committee already ban androstenedione. While testing for anabolic steroids is not perfect, it does remove identified steroid-users from the sport and serves as the most effective deterrent today.

RECOMMENDATIONS: 1. Kern County High School District should implement cooperation between the various Kern County private, county and state sponsored organizations, clinics, workshops, events and services such as: Student Leadership Conference DARE Mayors Youth Advisory Council California Department of Health Education Teen Courts Rotary/Lions Club Office of Criminal Justice and Planning Drug Suppression in Schools Grant Teen Court- Kern County Juvenile Probation Prevention Service Kern County Drug Free Youth Summit Story Theatre 2. Kern High School District should re-write their School Safety Plan, as specified in SB 187 (A Comprehensive School Safety Plan Matrix), to conform to a more current assessment of the recent increase in steroid drug use. This will identify appropriate

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strategies and programs to provide or maintain student safety and an orderly environment conducive to learning at the school. Grants to assist schools in implementing such a plan are made available through the School Safety Partnership, as authorized by Section 32262 of the Education Code. 3. 4. 5. 6. 7. Efforts should be made to apply for more grants, such as Tupe and California State Wellness grants, that provide more monies for drug prevention programs. Direct Federal Title IV (Safe and Drug Free Schools and Communities Funding) to include more information to students on steroid use. Contact Kern County Mental Health and request steroid use be discussed in the Friday Night Live program available in high schools. Consider applying for the School/Community Policing Grant monies which include funds for drug prevention. Consider use of Crossroads and Victim Impact programs now being used effectively by Kern County Coroners Office at Continuation High Schools, Probation Department, and with children at risk. Expand public awareness for students, parents, teachers and coaches of drug use and its effects. Risk Acknowledgement Form signed by parent and student athlete be modified to include steroid use under drug abuse. Develop more comprehensive integrated drug prevention programs containing instruction regarding use of steroids as in State Mandated HIV Education Program.

8. 9.

10. Initiate a program that defines guidelines and standards for education about the effects of illegal steroid drug use. 11. High Schools need to commit more funding to health education programs now sponsored by districts to increase awareness of drug usage. 12. School districts need to be encouraged to write, establish, and enhance policies that promote steroid drug prevention programs that are justifiably beneficial in nature to students. RESPONSE REQUIRED WITHIN 90 DAYS PRESIDING JUDGE KERN COUNTY SUPERIOR COURT 1415 TRUXTUN AVENUE BAKERSFIELD, CALIFORNIA 93301

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KERN HIGH SCHOOL DISTRICT

BOARD OF TRUSTEES Bob J. Harnpton, President J. Bryan Batey, Vice President Sam Thomas, Clerk Connei Wattenbarger Larry Starrh WILLIAM D. HATCHER, SUPERINTENDENT
5801 SUNDALE AVENUE BAKERSFIELD CALIFORNIA 93309-2924 (661) 827-3100 FAX: (661) 827-3301

March 15,2002

Richard L. Rutherford, Foreman 2001-2002 Kern County Grand Jury 1415 Truxtun Avenue Bakersfield, CA 93301 Dear Mr. Rutherford: The following is Kern High School Districts response to the Kern County Grand Jurys recommendations of December 18, 2001. In a telephone conversation with Grand Jury members, we understand that the Grand Jury report does not isolate the Kern High School District from other County high schools in regard to these issues; however, this response deals with our efforts to ameliorate Grand Jury concerns.
1.

Recommendation: The Kern County High School District should implement cooperation between the various Kern County private, county and state sponsored organizations, clinics, workshops, events and services, such as: Student Leadership Conference, DARE, mayors Youth Advisory Council, California Department of Health Education, Teen Courts, Rotary/Lions Club, Office of Criminal Justice and Planning - Drug Suppression in Schools Grant, Teen Court - Kern County Juvenile Probation Prevention Service, Kern County Drug Free Youth Summit, and Story Theatre Response: The Kern High School District will continue to enhance its on-going cooperation with various Kern County organizations including those listed below, and will seek others as appropriate:

a. b . c.
d.

e. f.
g.
h.

i.

Student Leadership Conference DARE Program Mayors Youth Advisory Council Teenage City Government Day Drug Free Athletes Seminar Business, Leadership and Ethics Conference in partnership with Rotary Clubs in Bakersfield. Kern County Student Leadership Leadership Bakersfield Hispanic Youth Conference
b ,

AN EQUAL OPPORTUNITY EMPLOYER

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Kern High School District Repsonse to Kern County Grand Jury Report Page 2
j. k.

Ebony Counseling Centers Youth Conference Glinn & Giordano Physical Therapy and Kern County Superintendent of Schools office for Coaches Full Certification Workshops

2.

Recommendation: Kern High School District should re-write their School Safety Plan, as specified in SB 187 (A Comprehensive School Safetv Plan Matrix), to conform to a more current assessment of the recent increase in steroid drug use. This will identify appropriate strategies and programs to provide or maintain student safety and an orderly environment conducive to learning at the school. Grants to assist schools in implementing such a plan are made available through the School Safety Partnership, as authorized by Section 32262 of the Education Code. Response: The Kern High School District revises school safety plans annually as required by law and will continue to comply with requirements of SB187.

3 .

Recommendation: Efforts should be made to apply for more grants, such as Tupe and California State Wellness erants, that provide more monies for drug prevention programs. Response: The Kern High School District will continue its search for appropriate grants. In early February the Kern High School District submitted two applications for the TUPE grant, a grant previously held by Kern High School District.

4.

Recommendation: Direct Federal Title IV (Safe and Drug Free Schools and Communities Funding) to include more information to students on steroid use. Response: Funds from the limited Allocation of Federal Title IV funding employs District Intervention Specialists and also helps fund the Drug Free Athletes Program, which, through a partnership with the Kern County Superintendent of Schools office, deals with educating youth regarding steroid use.

5.

Recommendation: Contact Kern County Mental Health and request steroid use be discussed in the Friday Night Live program available in high schools. Response: The Friday Night Live program is active in seven high schools in the Kern High School District, three of which also have a mentoring program involving elementary schools. This 26-week program is funded through the Kern County Department of Mental Health, which employs six full-time people to work with the Friday Night Live programs. The Superintendent of the Kern High School District will write a letter to the Kern CountyFriday Night Live Partnership encouraging them to discuss steroid use as a part of their program.

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Kern High School District Response to Kern County Grand Jury Report Page 3

6.

Recommendation: Consider applying for the School/Community Policing Grant monies which include funds for drug prevention. Response: The Kern High School District will continue its practice to search for appropriate grants.

7.

Recommendation: Consider use of Crossroads and Victim Impact programs now being used effectively by Kern County Coroners Office at Continuation High Schools, Probation Department, and with children at risk. Expand public awareness for students, parents, teachers and coaches of drug use and its effects. Response: The Kern High School District continues to evaluate, and implement as appropriate, programs to expand public awareness of drug use (including steroids) with certain student populations, staff members, parents and coaches.

8 .

Recommendation: Risk Acknowledgement Form sipned by parent and student athlete be modified to include steroid use under drug abuse. Response: The Kern High School District will modify the Risk Acknowledgment Form to include steroid use under drug abuse.

9.

Recornmendation: Develop more comprehensive integrated drug prevention programs containing instruction regarding use of steroids as in State Mandated HIV Education Program. Response: At the present time, there are no State mandated steroid education programs. The Kern High School District presents a comprehensive drug abuse (including steroids) prevention program in its health program, which all students must pass to graduate.

10.

Recommendation: Initiate a program that defines guidelines and standards for education about the effects of illegal steroid drug use. Response: The guidelines and standards for educating students about the effects of illegal drugs and steroid use are contained in the California State Frameworks for Health Education, the Kern High School District Health Education Course of Study, and the Kern High School District Athletic Control Code.

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Kern High School District Response to Kern County Grand Jury Report Page 4
High Schools need to commit more funding to health education Recommendation: programs now sponsored by districts to increase awareness of drug usage.

11.

Response: The Kern High School District recently doubled its graduation requirement for Health Education. Substantial resources have been spent on teachers, inservice, cumculum development and textbooks/instructional materials. There is an ongoing program to evaluate our Health Education program, through the leadership of the Kern High School District Health Education Facilitator.

12.

Recommendation: School districts need to be encouraged to write, establish, and enhance policies that promote steroid drug prevention programs that are iustifiably beneficial in nature to students. Response: The Kern High School District continues to evaluate and refine its present policies, as well as continuing the search for additional effective prevention programs.

The Kern High School District remains strongly committed to student safety in all forms, including programs educating students about the dangers of substance abuse (including steroids). Consistent with this commitment, the District will continue to search for programs, grants, training opportunities and community alliances that will enhance its drug prevention efforts.

Sincerely,

% & / . /
William D. Hatcher Superintendent
/bs
.....

Cc:

Board of Trustees Superintendency

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LAW AND JUSTICE COMMITTEE

FRANK K. JOHNSON Chairman SHARON I. GARLAND WILLIAM L. HOLBROOK, JR. SUZANNE STEWART

MISSION STATEMENT LAW AND JUSTICE COMMITTEE

The California Penal Code is the basic state statute for the investigation procedures charged to the Law and Justice Committee of the Grand Jury. Penal Code 919(b) states that the Grand Jury shall inquire into the condition and management of the public prisons within the County. The committee visited these facilities to fulfill the obligations under the statute. During the 2001-2002 Grand Jury session, the Law and Justice Committee toured and visited most of the law enforcement and detention facilities in Kern County. The committee also received and responded, by inquiry and investigation, to over thirty-five individual citizens complaints. Throughout all of the visits, the Committee was impressed by the enthusiastic, knowledgeable, hardworking, loyal staff and managers that were met. The Committee was shown the utmost courtesy at all times, and wish to thank all of those who increased its knowledge by making the visits and tours interesting and informative. The Law and Justice Committee toured the following forty law enforcement agencies during the fiscal year 2001-2002:
Sheriffs Headquarters (Norris Road) Sheriffs Communication Center Sheriffs Coroners Facility Sheriffs Property Room Sheriffs Substation Delano Sheriffs Substation Frazier Park Sheriffs Substation Lake Isabella Sheriffs Substation Lamont Sheriffs Substation McFarland Sheriffs Substation Mojave Sheriffs Substation Ridgecrest Sheriffs Substation Rosamond Sheriffs Substation Taft Sheriffs Substation Tehachapi Sheriffs Substation Wasco Arvin Police Department Bakersfield Police Department Bear Valley Springs Police Department California City Police Department Delano Police Department Ridgecrest Police Department Shafter Police Department Taft Police Department Kern County Probation Department Kern County Adult Probation Department Kern County Central Jail District Attorneys Crime Lab Camp Erwin Owen Delano Community Correctional Facility Juvenile Hall Lerdo Max/Med. Detention Facility Lerdo Minimum Detention Facility McFarland Community Correctional Facility Mesa Verde Community Correctional Facility North Kern State Prison Taft Community Correctional Facility Taft Correctional Institute (TCI) California Correctional Institute at Tehachapi Wasco State Prison/Reception Center Shafter Community Correctional Facility

BEAR VALLEY SPRINGS POLICE DEPARTMENT

PURPOSE OF INQUIRY: An investigative inquiry of the Bear Valley Springs Police Department was initiated as a result of a citizen complaint. The complaint dealt with concerns regarding police misconduct, excessive overtime, use of police vehicles for personal business, and use of office and cell phones for personal calls. HISTORY: Bear Valley Springs (BVS) was originally settled by Mary and Fred Fickert in 1869. Their ranch grew from 160 acres to over 25,000 acres in 1912. The ranch continued to be owned and operated by the Fickerts until it was sold almost a hundred years later. In the early 1970s, Dart Resorts began developing the property. The result is Bear Valley Springs, a unique community nestled in the mountains behind Tehachapi. Because it is a gated community, its 6,000 citizens enjoy the safety, low crime rate, and closeness of a small town. The Community Services District (CSD) is the legal political government of Bear Valley. It is comprised of five directors elected by the registered voters of BVS. This Board of Directors, comparable to a city council, is responsible for the police, street, water, sewer, and solid waste services. The Community Services District also owns all recreational facilities, which it leases to the Bear Valley Springs Association (BVSA). The CSD hires a general manager and his staff to oversee the day-to-day operations of the community, comparable to a city manager type of local government. The BVSA is a homeowners association with the powers and responsibilities of operating and maintaining the recreational facilities. It is similar to the operation of a city parks and recreation department. Amenities include a golf course, country club and restaurant, Equestrian Center, horse and hiking trails, swimming pool, and tennis courts. All of these are available to all the property owners of BVS. FINDINGS: The Bear Valley Springs Police Department consists of a chief, six full time police officers, a police technician, four full time and three part time dispatchers, and twenty volunteers. The Department has just recently moved into a new building located by the only gate into the community. This building also houses the post office. The police department takes great pride in their care and concern for the community. They are responsible for over 44 square miles of mountainous terrain. Over 30% of their

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populace are senior citizens. Residents on vacation have the opportunity to file their plans with the department and have their homes checked on while they are away. Citizens stranded in the snow are often taken home. The police department is also actively involved in community activities, i.e., Halloween Trick or Treating, the Apple Box Derby, etc. There is a complaint system in place that allows citizens to voice their problems and have them reviewed by the police department, and also by the Public Safety Committee, which reports to the CSD. This system has never been used. The department is also justifiably proud of their Post Certification. There are seven police vehicles, which the officers are allowed to take home if they live in Bear Valley. Two officers currently reside outside of Bear Valley Springs. The chief has full use of his car, but the other officers are to use theirs only for police business. Three cell phones have been provided for the police department by the community. They are to be used for police business only. As of June 30, 2001, an annual audit reported 119% overage in overtime within the police department. This amounted to over $60,000 in excess of the amount budgeted for police operations. Since September 2001, a significant reduction in overtime hours has occurred. During the last ten years, three separate formal complaints have been received by the Kern County Grand Jury alleging police misconduct. COMMENTS: By nature of the location of Bear Valley Springs, the police officers are required to make trips outside the city limits. Such trips, however, should be documented. Officers should note the time they leave, the reason for leaving, and the various locations to be visited. Intermittent contact should be maintained with the police station. It is to the police departments advantage to keep accurate records of their comings and goings, thereby circumventing any accusations of wrongdoing. Phone records do apparently show that police cell phones have been used to make personal calls. This is in direct violation of the Bear Valley Springs Police Manual. Overtime has been on the rise for the last three years. Not until September 2001, was an effort made to curb that rise and it has been extremely effective. Some overtime is to be expected, a natural occurrence of illness, crime investigations, and unforeseen occurrences. However, that is covered in the operating budget of the police department. The hours accrued appear excessive for a small community with a low crime rate and a good ratio of police officers to community population. Some months, overtime was recorded at close to 200 hours. For example, in January 2001, there were 164 hours of overtime, compared to January 2002, with only 29 hours of overtime. This reduction seems to be a result of the CSD managers new efforts to oversee and double check what the police chief is authorizing as legitimate overtime.

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Allegations have been made to the Grand Jury of improper language used on the police radios by police officers, including sexual references and coarse terms. Reports not filed and indiscriminate gossip about ongoing investigations were also mentioned. Although Bear Valley Springs does have a complaint system in place, the community might be better served if the citizens did not have to go to the police department to complain about the police. The complaint forms should be available only at the CSDs office. The citizens should then deal just with the Public Safety Committee to give them some assurance of impartiality and confidentiality. The elected officials of Bear Valley Springs represent the people of this community. It is their responsibility, even their privilege to protect the public trust. Allowing employees of the city to misuse the taxpayers money to any degree is a violation of that trust. Allegations of such abuse should not be taken lightly. The Board has the right and the authority to demand accountability from the CSD manager, who in turn demands it from the chief of police, who demands it from his staff. These people work for the citizens of Bear Valley Springs, not the other way around. Failure to promptly and thoroughly investigate complaints or concerns of misconduct and failure to keep control over the expenditure of public funds are matters of serious concern. RECOMMENDATIONS: An investigation should be instigated by the Community Services District into the abuse of cell phones and other allegations of misconduct by the Police Department. The CSD should take immediate and appropriate action to determine that these abuses do not happen again. A log should be maintained by the Police Department detailing the reason, location, and duration for any trips outside the of the community limits by official vehicles. A new way to handle complaints against the Police Department should be developed. Overtime should continue to be strictly monitored by the CSD Board and its manager.

RESPONSE REQUIRED: WITHIN 90 DAYS TO PRESIDING JUDGE KERN COUNTY SUPERIOR COURT 1415 TRUXTUN AVENUE BAKERSFIELD, CA 93301

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March 25, 2002 Presiding Judge Kern County Superior Court 1415 Truxtun Avenue Bakersfield, CA 93301
'

Dear Sir: This letter is the Bear Valley Community Service District's response to the Kern County Grand Jury report regarding the "Bear Valley Springs" Police Department. The Bear Valley Police Department is a department of the Bear Valley Community Services District and is an operation that the District Board and the community take a good deal of pride in. I have keyed our responses to the four recommendations forwarded in the report.
1. Grand Jury Recommendation: An investigation should be instigated by the Community Services District into the abuse of cell phones and other allegations of misconduct by the Police Department. The CSD should take immediate and appropriate action to determine that these abuses do not happen again.

Response: The report states that "Phone records do apparently show that police cell phones have been used to make personal calls. This is in direct violation of the Bear Valley Springs Police Manual." We are unaware of any publication entitled "Bear Valley Springs Police Manual". The Bear Valley CSD Police Manual does not address personal use of cell phones at all. There is, in fact, no outright prohibition on any District personnel using cell phones (or other District phones) for occasional personal calls. Any employee will sometimes need to call home to check on family members make them aware of schedule changes. Employees are expected to use discretion in this regard and the District is unaware of any abuses. Cell phone usage and expenditures are items regularly reviewed by staff and the Board of Directors. The other allegations of misconduct the report mentions are "improper language used on the police radios by police officers, including sexual references and coarse terms" and "reports not filed and indiscriminate gossip about ongoing investigations". In addition to the police radio that is monitored at the Police Department, there is also one in the District office which is monitored continuously during business hours. The General Manager has a police radio in his vehicle which he monitors. Two of our Directors own radio scanners which they monitor as a hobby. No one is aware of any instances of improper language or improper transmissions. If you could make us aware of the details of this particular complaint, we would investigate. We are also unaware of any indiscriminate gossip regarding ongoing investigations. We have experienced, however, individuals who find themselves to be the subject of an investigation and then express

28999 SOUTH LOWER VALLEY ROAD (661)821-4428

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TEHACHAPI, CALIFORNIA 93561-6529 (661)821-0180 FAX

the opinion that questioning (or interviewing other parties in the course of the investigation amounts to "indiscriminate gossip". Again, if you could provide us with anything specific, we would be glad to investigate.

2. Grand Jury Recommendation: A log should be maintained by the Police Department detailing the reason, location, and duration for any trips outside of the community limits by official vehicles.
Response: This is currently done. Officers are in continual contact with the dispatcher. The dispatcher is continually aware of the location of all on-duty officers and vehicles. This is the case whether the officer/vehicle is within the District boundaries or outside. There does not appear to be any problem with the existing system or any reason to change it. Any specific instances of improper vehicle usage that you can provide will be investigated.
3. Grand Jury Recommendation: A new way to handle complaints against the Police Department should be developed.

Response: The only flaw with the current system that the report identifies is that the complaint forms are only available at the Police Department. The report states that "the complaint forms should be available only at the CSD's office". We disagree with making them unavailable at the Police Department. We will, however, make them available at both locations. Additionally, we intend to publish in the next edition of our quarterly newsletter an article promoting public awareness of the complaint system and process.

4. Grand Jury Recommendation: Overtime should continue to be strictly monitored by the CSD Board and its manager.
Response: This is being done. It should be pointed out that although overtime has been higher in past years than it is currently, that is not necessarily a sign of mismanagement. Police Work by its nature is difficult to schedule. Some of our police officers have experienced medical problems which necessitated long absences. It was also necessary to place one officer on paid administrative leave for several weeks. With a small force, any number of things can necessitate the use of overtime. It is also worth pointing out that a routine evaluation of our police department was conducted during June of 2000 by the California Commission on Peace Officer Standards and Training (POST). At that time, the District was experiencing one of its highest periods of overtime usage. Nonetheless, the report states in part "Overtime is not excessive and is within normal limits for an agency of this size." As a general comment, it seems inappropriate for the Grand Jury to make specific recommendations to a public agency based on allegations from (according to the report) a single citizen's complaint. The report does not conclude that any of the allegations were substantiated nor that the Bear Valley Police Department (and/or Community Services District) acted in any illegal or unethical manner. The District and the Police Department are always anxious to improve service and are more than willing to consider constructive advice or criticism from any source. It is not necessarily prudent, however, to incorporate major changes based upon

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unsubstantiated complaints from individual citizens. If you have any questions or require any additional information, please feel free to contact our General Manager, Mr. John Yeakley at any time. He can be reached at (661) 821-4428. Sincerely,

William R. Miller President, Board of Directors

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CAMP ERWIN OWEN

PURPOSE OF INQUIRY: Members of the 2001-2002 Kern County Grand Jury made the annual visitation to observe the facility and to review current procedures and practices. The Division Director of Camp Owen was interviewed, a tour provided, and a delicious meal was enjoyed with the boys (Wards). LOCATION: Camp Owen is located a mile north of Kernville, at 14401 Sierra Highway, on fifty-six acres of mountainous terrain overlooking the Kern River, and across from the State Fish Hatchery. FINDINGS: Camp Owen was founded in 1938 with forty Wards. The Camp was named for Superior Court Judge Erwin Owen. The Wards made adobe blocks for the large buildings providing much of the labor. The Camp is a non-secure 125 bed residential institution for the rehabilitation of delinquent male minors between the ages of fourteen and eighteen. It is currently at capacity and is operated by the Kern County Probation Department. There is a full time staff of thirty-eight, with six vacancies, which provides a one to fifteen ratio. Over one hundred volunteers are an important part of the success of Camp Owen. For example, one church group for the last twenty-two years has delivered ten homemade cakes the first Friday of every month to help the boys celebrate their birthdays. The ethnically diverse Ward population has a history of delinquency; over 98% of them struggle with substance abuse. Complete medical and dental care is provided as well as psychiatric services, therapy, and substance abuse counseling. The Camps unique rehabilitation function is manifested through a program of discipline, education, counseling, guidance, work experience, vocational training (including auto, woodshop, and construction), athletics, and handicrafts. Most Wards spend half of their day in school and the other half at work. Often they advance educationally three grade levels in five months. The boys work at maintaining the camp, taking care of the grounds, preparing meals, laundry, animal husbandry, and community projects. Much of the camps food is raised on site by the Wards. This includes their milk, beef, pork, eggs, fruit, and vegetables. A two and a half acre vegetable garden and orchard, 13 cows milked twice daily, the raising and slaughtering of hogs, chickens and beef as needed, even an aviary, furnish special opportunities to learn and enjoy the value of work.

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The average stay for a boy is about five months. Behavior, prior history of criminal activity, commitment offenses, drug/gang history, and other related factors determine the length of stay. Each Ward must earn a total of seven hundred points in order to go home. They can earn up to six points a day by exhibiting good behavior at work. School, and with their interpersonal relationships. The camp counselors evaluate each Wards progress twice a day. Bad behavior can result in loss of points and privileges. The camp program is designed to give each Ward an opportunity for a successful experience in group living in a stable environment. The program contains six components as follows: Work experience: The work of maintaining the camp and other projects is meaningful and very productive. The Wards see the direct results of their labors. School: All Wards are required to attend school unless they have already graduated from high school. The school is operated by the Kern County Superintendent of Schools. Teachers work year round and provide individualized curricula for each Ward. Counseling: Each counselor has four to seven Wards on both an individual and group basis. Wards may advance to less restrictive levels based on conduct and acceptance of responsibilities. Recreation: Recreational opportunities include outdoor sports, games, and hobbies. The emphasis is on teamwork, sportsmanship, and physical conditioning. Medical Services: Complete medical and dental care is available. A registered nurse is on staff. Community Services: Wards work at the State Fish Hatchery and participate in a variety of community projects and are appreciated by the local townspeople for their help. COMMENTS: Camp Owen is in need of a new mess hall. The current one was constructed in the 1940s and built to accommodate only sixty-five Wards. The present population of Wards is 125. Each Grand Jury for the last seven years has recommended the construction of a new mess hall. Staff members are to be commended for their willingness to become licensed to enable the Wards to learn special skills, i.e., meat inspectors. They wear many hats thereby enriching the Wards experience at Camp Owen.

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Counselors are required to have two years of college (preferably an A.A. degree in criminal justice) or since it is a working ranch, four years of work experience in animal husbandry, construction, etc. By nature of the remote location of Camp Owen and the experience required to work there, the entry level pay of $10.00 an hour seems very low. There is only an uncovered outdoor visiting area. During inclement winter conditions or on hot summer days the outdoor environment is not conducive to visiting. RECOMMENDATIONS: Provide a new mess hall large enough to accommodate the existing population. Provide a covered visiting area to be used during bad weather. Increase the support staff to adjust the present ratio of fifteen to one to twelve to one. Bring counselors salaries in line with their work experience and education.

RESPONSE REQUIRED: WITHIN 90 DAYS TO PRESIDING JUDGE KERN COUNTY SUPERIOR COURT 1415 TRUXTUN AVENUE BAKERSFIELD, CA 93301

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KERN COUNTY SHERIFFS DEPARTMENT CORONER DIVISION

PURPOSE OF INQUIRY: The purpose of the Law and Justice Committee of the 2001-2002 Kern County Grand Jurys visit to the Kern County Sheriffs Department/Coroner Division was to observe the facility, interview personnel, and review current activities and procedures. FINDINGS: The Coroner must inquire into and determine the circumstances, manner, and cause of death in jurisdictional cases as enumerated in the California Government and Health and Safety Codes. The Coroners jurisdiction includes all of Kern County, all military installations, prisons, jails, and detention facilities. The Coroners Division is located in a 9,000 square foot building directly behind the Kern Medical Center. A new outpatient pharmacy for Kern Medical Center that is located in the Coroners former laboratory area has severely impacted accessibility. The increase in traffic has made it extremely difficult for hearses to deliver the deceased. The Coroners staff consists of one Division Chief, one Supervising Coroner Investigator, seven Coroner Investigators, four Reserve Investigators, one Senior Secretary, one Medical Secretary, one Autopsy Assistant, and one Receptionist. One Deputy Public Administrator and two Property Control Officers assist the Coroner in his other responsibility as Public Administrator. The Public Administrator administers estates if no executor or administrator is appointed or available. Estate property is safeguarded by the Public Administrator until an executor or administrator is appointed by the Court. All eight of the Coroner Investigators are Peace Officers as described in Section 830.35 of the California Penal Code. They are required to meet the same rigid background investigation, psychological examination, and physical examination as a Deputy Sheriff in order to obtain and retain their position as a Coroner Investigator. They must maintain the same Peace Officer Training and Standards (POST) requirements as all other California Law Enforcement Officers. They are also authorized to carry firearms with required training. Of the 4500 deaths in Kern County, 2100 were investigated by the Coroners Office. An investigation can involve traveling through rough terrain to reach a death scene, often in adverse weather conditions. Not only is the cause of death determined, but also the

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identity of the decedents is established, followed by the extremely stressful task of locating and notifying the next of kin. A Coroners investigation also includes ordering and attending autopsies, preparing investigative reports, answering calls where there is a death by violence or a death for which a licensed physician will not sign the Death Certificate, interviewing witnesses, and checking medical records and other sources to gather information necessary to ascertain cause of death. They also take photographs, prepare fingerprints of the deceased, and arrange for specialists (toxicologists, bacteriologists, etc.) as needed. The Coroner conducts inquests, takes charge of the deceaseds property, appears as a witness in court, and cooperates with all law enforcement agencies in obtaining evidence in cases of violent death. Autopsies can last anywhere from one and half-hours for a natural death to four hours for a homicide. As noted above, specialists are brought in when necessary. Unfortunately, equipment must also be brought in, specifically x-ray machines. The smell from the autopsies can be quite powerful at times creating a difficult work environment. Two of the Kern County Coroner Investigators are part of the Disaster Mortuary Operational Response Team. This group has been gathered and trained by the Federal Government to respond to disasters anywhere in the world. Most recently they were involved in New York City assisting in the aftermath of September 11, 2001. It is also important to note the great service that is provided by the four reserve Coroner Investigators who make it possible to respond anywhere in the over 8,000 square miles of Kern County. The Coroners Office provides several education programs. These classes are for inservice to first responders including law enforcement, fire service, and ambulance personnel. Mandatory Sudden Infant Death Training is taught for the Basic Peace Officer Academy. Career health students at several high schools and medical students at three local colleges also receive instruction. Several drug and alcohol presentations are provided for juveniles in custody, Day Court, Rafer Johnson School, Star Academy, Alcohol Abuse (Believers in Jesus), Celebrate Sober Campaign for high schools, and Victim Impact Panel for individuals arrested for driving under the influence and minors in possession of alcohol or drugs. Presentations are also provided for numerous service and private organizations throughout the County. COMMENTS: The State of California has the highest death rate in the United States. California reported 230,000 deaths last year. The next closest state was Florida with 120,000. California has the best-trained and most experienced coroners, often in demand by other states for their expertise. As the third largest county in California, Kern is fortunate to have eight of those highly qualified coroners. It is amazing that men and women doing such a necessary and vital job, under less than ideal circumstances, facing daily hazards,

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and using the same investigative skills that any law enforcement officer would, have not earned the same recognition and retirement benefits from the Board of Supervisors. The reserve coroner investigators are down to four. With such a vast area to cover, it is certainly to Kern Countys advantage to keep that number up to at least the previous six. Smells are a natural part of a coroners job. It is imperative that everything possible be done to keep these odors at a minimum and away from the office, especially during the warm summer months. The parking and accessibility to the Coroners facility has become increasingly restricted due to the new outpatient pharmacy. The highest priority should be given to the Coroner and his staff for parking and deliveries. The Coroners Division is to be complimented for the efforts they make to educate the community. An impressive amount of time and space has been made available to alert Kern County to the dangers of drug and alcohol abuse. RECOMMENDATIONS: The Board of Supervisors should award safety retirement and benefits to all Coroner Investigators assigned to the Coroner Division of the Kern County Sheriffs Department equivalent to other Kern County law enforcement officers. An x-ray machine should be on site permanently. Two additional Reserve Coroner Investigators should be hired. Parking and accessibility to the Coroners facility should be addressed as soon as possible. Examine the existing air conditioning and exhaust systems to make certain that everything adheres to State and County standards.

RESPONSE REQUIRED: WITHIN 90 DAYS TO PRESIDING JUDGE KERN COUNTY SUPERIOR COURT 1415 TRUXTUN AVENUE BAKERSFIELD, CA 93301

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CARL SPARKS Sheriff-Coroner Public Administrator

SHERIFF'S DEPARTMENT
COUNTY OF KERN

Telephone (661) 391-7500

1350 Norris Road Bakersfield, CA 93308-2231

March 18, 2002

Judge Arthur E. Wallace Presiding Judge Superior Court 1415 Truxtun Avenue Bakersfield, CA 93301. Dear Judge Wallace: Subject: Response to the Grand Jury Final Report
CORONER'S DIVISION

Recommendation: The Board of Supervisors should award safety retirement and benefits to all Coroner Investigators assigned to the Coroner Division of the Kern County Sheriff's Department equivalent to other Kern County law enforcement officers. Response: The Sheriffs Department is communicating with the County Administrative Office regarding our desire to provide safety retirement benefits for our full-time, paid Coroner Investigators. The law in this area is complex and there are differences of opinion in interpreting these statutes and their application throughout the state. We hope to resolve this issue satisfactorily in the near future.

Recommendation: An x-ray machine should be on site permanently. Response: The Coroner's Division has been in contact with Kern Medical Center administration. Kern Medical Center has agreed to provide a portable x-ray machine to the Coroner's facility when the next one becomes available. We appreciate Kern Medical Center's support. The current remodel on the Coroner's morgue will have a centrally located storage room with a large door to be converted to a future x-ray room. Training on the x-ray machine would be handled by Kern Medical Center under an existing agreement for x-rays.

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Judge Arthur E. Wallace March 18,2002 Page 2

Recommendation: Two additional Reserve Coroner Investigators should be hired. Response: The Coroner's Division currently has one new Reserve Coroner Investigator in training and another is undergoing a background investigation. If the background investigation is approved and the individual meets the other necessary requirements for the position, he will begin training. Recommepdation: Parking and accessibility to the Coroner's facility should be addressed as soon as possible. Response: The Coroner facility has experienced increased parking problems with the opening of the new Kern Medical Center Outpatient Pharmacy and the new Public Health Department building. The Coroner staff has met with Kern Medical Center Security staff to assist in the monitoring of the parking issues around the Coroner's facility, especially at the morgue entrance. Other options are being discussed with the General Services Department because of the increased amount of traffic around the Coroner's facility. Recommendation: Examine the existing air conditioning and exhaust systems to make certain that everything adheres to State and County standards. Response: The Coroner's facility is currently undergoing a complete remodel of the morgue and body storage area. A new and different ventilation system will be implemented and a special autopsy area will be used for bodies that are decomposed or suspected of containing a communicable or contagious disease.
Sincerely,

Carl Sparks Sheriff-Coroner E342.cs cc: Adel Klein, CAO Grand Jury

PLEASE ADDRESS ALL COMMUNICATIONS TO THE SHERIFF

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KERN COUNTY SHERIFF KERN VALLEY SUBSTATION

PURPOSE OF INQUIRY: The purpose of the Law and Justice Committee of the 2001-2002 Kern County Grand Jurys visit was to observe the facility, interview personnel, and review current activities and procedures. FINDINGS: The Sheriffs Substation at Kern Valley is responsible for over 1,000 square miles. The census reports a population of 20,000 residents, but due to the recreational nature of Lake Isabella, the population can soar between 30,000 to 60,000 on weekends. Kern Valley Substation, which includes the city of Lake Isabella, reports a very low crime rate, mostly characterized by domestic disturbance complaints and crimes against property. There is no identified gang activity. On the weekends, however, the large number of vacationers and the amount of alcohol consumed can create problems. The staff at the substation consists of one sergeant, two senior deputies, and seven deputies. They work very closely with the California Highway Patrol, the California Department of Fish and Game, the Forest Service, the Bureau of Land Management, and the Parks and Recreation Department to protect and serve the visitors and residents of Kern Valley. No other substation has the cooperation they have with so many outside agencies. Lake Isabella has a large retirement population that is very active in the community. Between 35 and 40 volunteers make up one of the finest Citizen Service Units (CSU) in the county. These volunteers run errands, transfer property between substations, and are the eyes and ears of the substation. There are also four volunteer reserve deputies who have all the responsibilities, powers, and training of regular deputies. The CSU is also responsible for the R U Okay? program which is very helpful to the community. Citizens sign up and each day a phone call is made to their home by a computer at the substation to determine that they are all right. If they dont answer, or answer that something is wrong, a deputy is dispatched to their home. Each day, 365 days a year, a CSU volunteer mans the computer while over sixty calls are made. In the six years the program has been in existence, three lives have been saved.

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COMMENTS: The Sheriffs Substation at Kern Valley is a fine example of law enforcement. They have established a great working relationship with the community. The deputies are concerned and proud of the work they do. The reciprocal action they share with other agencies is cooperation at its best. The Substation is to be commended for an excellent job. NO RESPONSE REQUIRED

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KERN COUNTY SHERIFFS PROPERTY ROOM

PURPOSE OF INQUIRY: The purpose of the Law and Justice Committee visit to the Kern County Sheriffs Property Room was to observe the facility, interview personnel, and review current activities and procedures.

LOCATION: The Kern County Sheriffs Property Room is located in central Bakersfield.

FINDINGS: The Kern County Sheriffs Property Room is open Monday through Friday, 8:00 a.m. to 5:00 p.m. A staff of three, a sergeant, and a commander run the Property Room. All evidence in criminal cases is stored at this location and at an annex directly behind the building and across the railroad tracks. Presently, the main building is also being utilized by Reprographics and Elections. Although only the staff is allowed inside the Property Room, Reprographics comes in each day at 7:00 a.m. and has keys to rooms on the main floor and upstairs. Elections also has access to the main floor and basement. At one place in the basement, all that separates Elections from the Property Room is a chicken wire type wall. All three agencies share an elevator and a staircase. When the Property Room is closed, evidence is placed in lockers, that when closed, can only be opened by the staff inside of the Property Room. However, large pieces of evidence are tagged and left outside of the Property Room in an open area that is accessible to many. The staff is responsible for over a quarter million pieces of property. Also, stored in the Property Room is new officer equipment (bulletproof vests, helmets, etc.). One of the duties of the Property Room staff is to log and keep track of who has what.

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Evidence will be stored until released by the courts. Any evidence involved in a homicide is kept forever or for the life of the criminal. The Property Room has purchased a $57,000.00 Management System for their computer, which will allow them to do inventories. They plan to have this up and running by the end of October 2001, and hope to have their first inventory completed by the end of this year. There hasnt been an inventory done for twenty years. Staff members are working on a procedural manual. This department has never had one. The Property Room has contracted with Property Bureau.com recently to auction off disposable evidence. This company picks up, cleans, and even tries to locate the lost owners of items. They then split the proceeds 50/50 and the money is returned to the Sheriffs Department. This system is far more lucrative and easier than when they conducted the auctions themselves. In the past, guns have also been auctioned off to licensed gun dealers. Over $200,000.00 has been made and returned to the Sheriffs Department in the last ten years. This money has been used to arm the Sheriffs Department at a significant savings to the county. Narcotics and guns are stored downstairs in the basement. Narcotics needed as evidence are stored in a room with an exhaust fan. This room also has a fan blowing into it from the main basement during work hours. When the Property Room is closed, a large steel door seals the narcotics room. After the weekend, the room is so pungent with fumes that its not possible to work in it until midmorning. Even with the fan running, the smell is very noticeable and staff only works in there an hour or two at a time. Narcotics that are no longer needed for evidence are stored in a room next door and in the annex. They can be kept there for up to a year waiting for the annual trip to Long Beach where they are burned. There is no ventilation at all in this room. The annex is a sheet metal building about 50 yards behind the main building. Perimeter beams and door contacts guard against entry; heat detectors are used for fire protection. The inside was clean and housed various types of evidence. A large quantity of narcotics was also stored there.

COMMENTS: The Kern County Sheriffs Property Room is struggling to maintain security and has been for a long time. A Grand Jury Final Report published in 1997 mentioned the same problems that this Committee noticed. Namely, the need for space and security.

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While the Committee was downstairs the odor from the Narcotics Room was very apparent. The room that had no ventilation was particularly noxious. According to the California Regulatory Code Section 66261.4, the air in a room where narcotics are housed has to be changed seven to ten times an hour. One fan doesnt even begin to adequately address the issue. Also, its the understanding of the Committee that eye wash stations and a sink should be available to employees who work around hazardous material. Everywhere shelves were full. Evidence was shoved onto any available space. The attempt to keep evidence sorted by crime or type has been pretty much abandoned as space becomes scarce. The number of people who have access to the building where evidence is housed is alarming. Even though they dont have direct access to the Property Room, the traffic seems far from advantageous to maintain a secure evidence trail. An inventory is long overdue and the Committee was glad to discover that it was such a high priority for the staff. A procedural manual is also very much needed. It was discovered that sergeants leave about every two years and with a manual, transition would be much easier. The staff is to be commended for working in adverse surroundings and for doing such a responsible and necessary work.

RECOMMENDATIONS: Remove Elections Department materials from the Property Room building. Store New Officer Equipment in the Sheriffs Department on Norris Road. Bring all evidence from the annex into the main building. Purchase high-density shelving to help alleviate crowded conditions. Ventilate the Narcotics Room so that it will be in compliance with the California Regulatory Code. Provide eyewash stations and sinks so those employees will be safe when dealing with hazardous materials.

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Procure a Proximity Cards Electronics Access System to protect the Narcotics Room and allow all entries to be tracked. Purchase video cameras to secure the outside area as long as it is so accessible to others. Continue to make training in new techniques of evidence protection available to staff.

RESPONSE REQUIRED: WITHIN 90 DAYS TO PRESIDING JUDGE KERN COUNTY SUPERIOR COURT 1415 TRUXTUN AVENUE BAKERSFIELD, CA 93301

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CARL SARKS Sheriff-Coroner Public Administrator

SHERIFFS DEPARTMENT

Telephone (661) 391-7500

COUNTY OF KERN

1350 Norris Road Bakersfield, CA 93308-2231

December 13, 2001

Judge Arthur E. Wallace Presiding Judge Superior Court 1415 Truxtun Avenue Bakersfield, CA 93301 Dear Judge Wallace: Subject: Response to the Grand Jury Final Report PROPERTY ROOM Recommendation: Remove Elections Department materials from the Property Room building; store new officer equipment in the Sheriffs Department on Noms Road; bring all evidence from the annex into the main building; purchase high-density shelving to help alleviate crowded conditions; ventilate the narcotics room so that it will be in compliance with the California Regulatory Code; provide eyewash stations and sinks so those employees will be safe when dealing with hazardous materials; procure a Proximity Cards Electronic Access System to protect the narcotics room and allow all entries to be tracked; purchase video cameras to secure the outside area as long as it is so accessible to others; and continue to make training in new techniques of evidence protection available to staff. Response: The Sheriffs Department has reviewed the Grand Jurys report and essentially agrees with all of their findings, conclusions and recommendations.

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The Grand Jury's recommendations and our responses with supporting discussions are:
e

Remove Elections Department materials from the Property Room building.

The Elections Department and the Sheriff's Department entered into an agreement to trade floor space. Elections will take the Sheriffs entire Property Room Annex south of the railroad tracks in exchange for all of the ground floor and basement space in the 1501 L Street building that they are now occupying. The Elections Department expects to be completely moved out of the Property Room building by mid-December. This will give Elections total control over their own storage area and will give Sheriff total control and access to the ground floor and basement, thus enabling all necessary security procedures identified to be implemented. This is the cornerstone upon which any and all further improvements must rest. It has been a goal of the Sheriff's Department for many years.
0

Store New Officer Equipment in the Sheriff's Department on Norris Road.

We agree that departmental equipment issuance needs to be a separate function and physically separated from the evidence storage functions of the Property Room. With the newly obtained floor space that was formerly occupied by Elections, we have developed a plan to remodel the Property Room building that includes-the construction of an officer equipment storage/issuance area. This area will be physically and functionally separated from the evidence area.
0

Bring all evidence from the annex into the main building.

With the exchange of floor space with Elections that has already occurred, the evidence and property that was stored in the annex has been moved into the Sheriffs Property Room.
Q

Purchase high-density shelving to help alleviate crowded conditions.

Some of the property is very amenable to high-density storage and some is not. We have evaluated our storage needs and are in the process of purchasing shelving that best meets ourneeds.
Q

Ventilate the Narcotics Room so that it will be in compliance with the California Regulatory Code.

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Vendors are being consulted as to the best method to ventilate the Narcotics Room and the cost to install those solutions. This will be given a very high priority and will meet safety regulations.
0

Provide eyewash stations and sinks so those employees will be safe when dealing with hazardous materials.

This is an important consideration and will be a part of our general overall planning for building space utilization and will be designed to meet all OSHA requirements.
e

Procure a Proximity Cards Electronics Access System to protect the Narcotics Room and allow a11 entries to be tracked, and; Purchase video cameras to secure the outside area as long as it is so accessible to others.

One of the key elements of our upgrade of the Property Room is the security hardware and systems. The basic security alarm system that is now in place is quite effective, so far as it goes. However, much more needs to be done, including video monitoring of the outside areas and lobby as well as inside the storage area if an alarm is triggered. High security property such as guns, narcotics and cash will be monitored and recorded all of the time. Additionally, entry to those high security areas will have electronic access that records all entries.
0

Continue to make training in new techniques of evidence protection available to staff.

The department will continue to allocate funding for such training and assure that employees regularly attend such training. The other side of purchasing and installing improved security hardware is developing and implementing new and improved security procedures. Training along with a policy and procedures manual.will be the only way to assure the highest level of security possible and the two functions must be accomplished together.

Other comments
Several observations made by the Grand Jury also deserve some comment. We have currently purchased a new electronic property management system from Quetel and it is in the installation phase as of this writing. We anticipate that it will be fully functional by January of 2002. We had expected it to be operational by the first week of November, but the computer server was damaged in shipment and is being replaced by the carrier. No reliable inventory could have ever been accomplished with the prior two systems. Once

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a11 of the contents of the Property Room have been identified and entered into the Quetel system, it will be possible to perform an annual inventory and, when necessary, provide capability for an audit. The report indicated that when surplus or released property was auctioned the proceeds went to the Sheriffs Department. It should be corrected that all proceeds, except those from firearm auctions, go directly to the County General Fund to add to taxpayer contributions towards the operation of the county government and services. The firearms auction revenues are deposited into a county controlled trust fund and are used to purchase service weapons for armed department personnel, alleviating taxpayers of that burden to a great extent. On December 11, 2001 the Board of Supervisors authorized the addition of two new employees for the Property Room and the authorization to transfer $210,000 within the Sheriff's budget to purchase equipment and remodel/upgrade the Property Room. The new positions are essential to separate the officer equipment function and to handle the Property Room workload that has doubled over the past 20 years without a corresponding increase in staffing during that time. The department and those employees affected find substantial merit in the Grand Jury's report and appreciate the hard work that they performed. We also appreciate their kind words about some of our recent past efforts to improve this operation. We will be striving to assess and implement this valuable information as expediently as is possible. Sincerely,

Carl Sparks Sheriff-Coroner

E205.cs
cc: Adel Klein, CAO Grand Jury

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BOARD OF SUPERVISORS
SUPERVISORS Jon McQuiston ................District 1 Steve A. Perez ................. District 2 Barbara Patrick ............... District 3 Kenneth W. Peterson ......District 4 Pete H. Parra ...................District 5
DENISE PENNELL CLERK OF BOARD OF SUPERVISORS
Kern County Administrative Center 1115 Truxtun Avenue. 5th Floor Bakersfield, California 93301
Telephone 661-868-3585

TTY Relay 800-735-2929

January 8, 2002

Arthur Wallace, Presiding Judge Kern County Superior Court 1415 Truxtun Avenue Bakersfield, CA 93301 Dear Judge Wallace: Transmitted herewith is the Board of Supervisors' response to the findings and recommendations within the 2001-2002 Grand Jury's Final Report on the County's Sheriff's Department Property Room. The Board of Supervisors thanks the Grand Jury for its thorough review and report on this County facility and its operations. Sincerely,

Steve A. Perez, C h a i d Kern County Board of Supervisors

Attachmentt

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Kern County Board of Supervisors Response to Grand Jury Final Report

KERN COUNTYSHERIFF'S DEPARTMENT PROPERTY ROOM

Response to Findings: The Board of Supervisors notes that the findings are substantially correct. Response to Recommendation: The Board of Supervisors concurs with the Sheriffs response to the Grand Jury regarding its recommendations.

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MESA VERDE COMMUNITY CORRECTIONAL FACILITY

PURPOSE OF INQUIRY: The purpose of the visit by the Law and Justice Committee of the 2001-2002 Kern County Grand Jury was to observe the facility, interview personnel, and review current activities and procedures as mandated by Penal Code 919(b). It states therein that the Grand Jury shall inquire into the condition and management of the public prisons within the county. LOCATION: This facility is located at 425 Golden State Avenue in Bakersfield. FINDINGS: Mesa Verde Community Correctional Facility (CCF) is a Level I minimum-security prison. It is privately owned and has been in operation since 1989. There are currently 340 male inmates housed within eight dorms. A prisoner can only be at Mesa Verde for eighteen months, the average stay is six to eight months. Convictions are for nonviolent crimes, usually drug related. Mesa Verde is a program facility, meaning that the inmates there are engaged in productive work or education. Although the inmates are allowed to wander at will during the day, traveling freely from dorm to eating area to the outside exercise yard, they are also involved in either furthering their education or work details. Adult Basic Education classes are offered, as are remedial courses in reading, mathematics, and grammar, along with classes in English as a Second Language, and even basic computer science. They also have the opportunity to earn their General Education Diplomas (GED). Work consists of general maintenance both inside and outside, equipment maintenance, food preparation, and woodworking. Mesa Verde provides many opportunities for the inmates to interact positively with the community. Over 200 buses for Kern High School are washed and waxed for just the cost of supplies. The produce from their garden is donated to local missions. Two crews of seven each, work with the Kern County Waste Management Department recycling tires. At Christmas time, toys are made and donated to the Toys for Tots program. Inmates also participate in Alternative Choices. This is a program where inmates share their wrong choices with children designated at risk. Mesa Verde is impressive not only because of its appearance, but also because of its staff. Seventy-four full time and fifteen part time employees make a real effort to stay personally available to the inmates. Friendly and interested interactions between staff

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and inmates are the norm. Attempts are made by both staff and volunteer groups to help the prisoners stay involved, interested, and busy. Menus are not only nutritious, but the food itself is colorful and varied. Three hot meals are provided daily. COMMENTS: Although turnover in employees is high; over 100% in the last year, Mesa Verde has turned that into a positive. They treat it as an opportunity to give members of the community training and access to the Correctional Officer field of employment. The facility is very clean, its grounds attractive. The staff is interested in helping the inmates succeed. It is a place where prisoners truly have a chance to change their lives through education and training. Inmates are aware that they have earned the opportunity to be at Mesa Verde and that the privilege can be lost. The positive interaction between inmate and community is truly invaluable. It is good to see men who have committed crimes against society return something to that society. The efforts of the staff to that end are commendable and are to be encouraged. NO RESPONSE REQUIRED

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NORTH KERN STATE PRISON

PURPOSE OF INQUIRY: The purpose of the visit by the 2001-2002 Kern County Grand Jury was to observe the facility, interview personnel, and review current activities and procedures as mandated by Penal Code 919(b). It states therein that the Grand Jury shall inquire into the condition and management of the public prisons within the county. LOCATION: The North Kern State Prison is located at 2737 West Cecil Avenue, Delano, California 93216. FINDINGS: North Kern State Prison is one of eleven Reception Centers. It was built in 1991, opened in 1993, and can house over 5,000 inmates. North Kern is the first stop for inmates from eight counties entering the prison system. Their average stay is fifty-seven days. During that time they are tested, treated medically, evaluated, and then assigned to one of the thirty-three prisons in California. Depending on their crime, length of prison term, results of testing and evaluation, they will be assigned to a Level 1 (minimum security), Level 2 and 3 (medium security), or Level 4 (maximum security) facility. North Kern also has about 1000 Level 3 inmates that make up the General Population. They are assigned to the maintenance (e.g., kitchen, housekeeping) of the inside of the prison. Some are given the opportunity to further their education level or to learn new skills, such as landscaping, upholstery, mechanics, and carpentry through vocational training. About 300 inmates are designated Level 1. They are considered the lowest security risk and consequently do all the outside work, planting, and upkeep. They are also contracted out to work with Cal Trans, the Fire Department, and various parks in the community. COMMENTS: The staff at North Kern is justifiably proud of their prison. It is an extremely clean, wellorganized, even attractive place. The employees are very professional. Their knowledge and skill levels are commendable. Also impressive is the staffs involvement with the community at Christmas time. Over 200 stuffed bears are collected and distributed personally to nursing homes, womens shelters, and children in hospitals.

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It was disappointing, however, to find out that the Scared Straight program was no longer in use at this prison. Scared Straight was used to help deter adolescents designated at risk from continuing a pattern of behavior that might result in incarceration. That program or something like it would appear to be a real deterrent to crime and a useful asset to the community, especially with regards to the youth. The Grand Jury was glad to discover that so many programs were in place to give the Level 1 inmates a chance to give something back to the community. Not only does it save the taxpayers money, but it would appear to also build self-esteem, and an increased respect for this country. NO RESPONSE REQUIRED

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TAFT CORRECTIONAL INSTITUTION

PURPOSE OF INQUIRY: The purpose of the visit by the 2001-2002 Kern County Grand Jury was to observe the facility, interview personnel, and review current activities and procedures as mandated by Penal Code 919(b). It states therein that the Grand Jury shall inquire into the condition and management of the public prisons within the county. LOCATION: The Taft Correctional Institution is located 1500 Cadet Road, Taft, California 93268. FINDINGS: Taft Correctional Institution (TCI) is a Federally owned prison that is operated by a privately owned company, Wackenhut Corrections Corporation. It is a low security facility that currently houses 2,331 male inmates, which puts them over their stated capacity of 2048 inmates. They accommodate the extra prisoners by putting a third bed in the normal two-bed cubicles. TCI has three housing units and each unit is comprised of two dorms. In addition to the main prison, there is an unfenced, minimum-security satellite camp that houses 440 inmates. This camp allows the prisoners a lot more freedom and responsibility. Wackenhut has a performance based contract with the Federal Government regarding the Taft facility. Their income is not generated by the number of inmates they house, but rather by the way in which they house them. Consequently, during the five years that TCI has existed, the prison has scored in the top 90th percentile of all accreditations. Almost 400 employees currently work at TCI. Finding work or educational opportunities for each inmate is partially solved by the 300 inmates employed by Federal Prisons Industries, Inc., better known as UNICOR. UNICOR is a wholly owned government corporation that was formed by an act of Congress in 1934. Almost every Federal penitentiary has a UNICOR facility that makes or assembles products that are sold to the Federal government. UNICOR is entirely selfsupporting, using their profits to develop new products and enhance and build new factories. They make products that are comparable in quality to anything produced by the private sector. At TCI inmates refurbish laser printer cartridges and assemble office chairs. The skills the inmates learn are very marketable once they are released. Educational opportunities at TCI are numerous. They range from meeting the needs of men who want to go to college down to men who have yet to learn to read. Vocational programs are also available, e.g., computers and woodworking. Recreational services

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include both a leisure and law library, music rooms, crafts, correspondence courses, outdoor exercise, and organized league tournaments. Complete medical services are also available to the inmates including both doctors and dentists. An extensive commissary provides many items very inexpensively. Personal sundries, clothing, foods and beverages, even ice cream can all be found. All profits from the commissary have been used to enhance the recreational facilities available. Tennis, volleyball, handball, bocce, and basketball courts are there, along with a soccer field and a baseball diamond. Recent complaints this year from the inmates about the quality of food led this Grand Jury to ask to eat lunch the day of the tour. The food was attractive and tasty. The kitchen was clean and the prisoners were actively involved in preparing the next meal. Menus are prepared by a dietician and are varied and nutritious. COMMENTS: Taft Correctional Institution is a very well run prison. The staff is experienced, informed, and dedicated. The buildings are attractive and very clean. The inmates exhibited pride in their work and accomplishments. Walls in the visitors center were covered with beautiful murals. Hand made pottery lined the shelves in the craft room and wooden toys were displayed proudly in the wood shop. There is a wealth of talent and skill among the inmate population. The staff is to be commended for how well they have tapped into, utilized, and promoted these skills. NO RESPONSE REQUIRED

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PUBLIC RELATIONS COMMITTEE

BARBARA M. SABOVICH Chairman MILLIE V. CRABTREE

MISSION STATEMENT PUBLIC RELATIONS COMMITTEE

The role of the Public Relations Committee is to serve as the channel through which the Grand Jury educates the public concerning the duties and obligations for which they are empanelled for one year. The 2001-2002 Kern County Grand Jury made a concerted effort to recruit applicants to apply for the 2002-2003 Grand Jury. The committee, with the cooperation of the Kern County Fire Department, arranged for space within their booth at the Kern County Fair in September 2001 for our recruitment purposes. Our committee operated the booth for three days and received the signatures of 103 citizens. These citizens have received an application for nomination as prospective Grand Jurors for the year 2002-2003 as well as a brochure describing the Grand Jurys selection process, statutory qualifications for service, and obligations as a member. The recruitment process began with the Superior Court releasing a request to the media for candidates to apply for membership in the 2002-2003 Grand Jury. TV and radio sports were made in English and Spanish and provided to the various stations. A television station invited Judge Arthur Wallace to make a recording describing the major qualifications for membership and phone numbers for more information. The Bakersfield Californian offered a public service by publishing a series of ads that would allow interested citizens to be made aware of the recruitment process in applying for membership on the Kern County Grand Jury. On March 19, 2002, the Board of Supervisors signed a Proclamation designating March as Grand Jury Awareness Month All members of the 2001-2002 Grand Jury attended the public meeting to receive the award.

SPECIAL AWARDS LIST

The 2001-2002 Kern County Grand Jury hereby extends special recognition to the following individuals or organizations for their outstanding cooperation and assistance in supporting the Kern County Grand Jury and/or The County of Kern, State of California Bakersfield Californian News Coverage and Editorials County of Kern Patty Barton Teacher Court Community School Bernard C. Barmann, Sr County Counsel County of Kern Kay Beavers Judicial Secretary to Presiding Judge Superior Court of California County of Kern California City Manager and Staff County of Kern Hank Huebner Litigation Coordinator Tehachapi California Correctional Institute Walt Koch Community Service Volunteer County of Kern Jim Malouf County Coroner County of Kern

PR-1

Eric Matlock Chief of Police City of Bakersfield Tomas Patlin Kern County Fire Department County of Kern Denise Pennell Clerk of the Board of Supervisors County of Kern Gayel Pitchford Community Service Volunteer County of Kern James A. Rhoades Auditor-Controller/County Clerk County of Kern Carl Sparks Sheriff County of Kern Stephen M. Tauzer Assistant District Attorney County of Kern Judge Arthur E. Wallace Presiding Judge Superior Court of California County of Kern MiRanda Ward Community Service Volunteer County of Kern Billy White Community Service Volunteer County of Kern

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Jim White Coach McFarland High School Brian Wong Community Service Volunteer County of Kern June 12, 2002

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SPECIAL CERTIFICATES LIST

May 13, 2002 Westside ROP Maricopa High School Retail Merchandising Teacher and Students

The 2001-2002 Kern County Grand Jury hereby extends special recognition to the following individuals for the outstanding assistance to the Kern County Grand Jury via their talented skills in the school sponsored ROP Program. Linda Fauke Teacher Melissa Bura Student Cody Brown Student Jose Carbajal Student Robin Gagnon Student Jesus Garza Student Jerry Gunther Student Lannie Phillips Student Chastity Wilson
Student

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SPECIAL DISTRICTS COMMITTEE

CHARLES C. WRIGHT Chairman PATRICE S. KLINE

MISSION STATEMENT SPECIAL DISTRICTS COMMITTEE

The Special Districts Committees duties consist of inquiring into Special Districts to determine whether problems exist. In addition, the Committee renders assistance by recommending changes which in the Committees opinion, if implemented, will help the Special Districts of Kern County to operate more effectively and efficiently in the future. The Committee also investigates complaints from citizens who allege managerial or fiscal irresponsibility, including Brown Act violations. During the 2001-2002 Grand Jury Session, the Committee made contact with all ninetyfour Special Districts and visited five. In the course of this Committees investigations, the Committee visited and toured the following Special Districts: Kern River Valley Cemetery District Lamont Public Utility District Mountain Meadows Community Service District North Edwards Water District West Side Recreation and Parks District In addition, the Committee compiled a survey to be mailed to each Special District in order to determine exactly how many of these Districts are still in operation and where they are located. This survey will remain in the Grand Jury Library. The Committee wishes to thank those Directors and Staff members in the Special Districts for their efforts, enthusiasm, dedication to their jobs, and service provided to the community.

ARSENIC IN DRINKING WATER

PURPOSE: Through the visits to some of the Water Districts, the Special District Committee of the 2001-2002 Kern County Grand Jury has become aware of the very controversial problems surrounding the arsenic in drinking water within Kern County. A question of ongoing scientific debate concerns whether significant adverse health effects occur from ingesting arsenic at very low levels. BACKGROUND: According to the American Water Works Association (AWWA) Public Affaires Advisory, arsenic occurs naturally in the environment, being the twentieth most common element in the earths crust and the twelfth most common element in the human body. Arsenic is added to the environment by weathering of rocks, burning of fossil fuels, smelting of ores, and manufacturing. It is widely distributed in nature and is mainly transported in the environment by air and water. For most people, the most significant route of exposure to arsenic is through food. It is a normal component of the diet. Studies by the Food and Drug Administration (FDA) have found that fish and seafood are higher in arsenic content than any other foods and account for the largest contribution to total arsenic intake in the typical diet of an adult . On the other hand, arsenic in fish is overwhelmingly low toxicity organic arsenic. Drinking water represents by far the greatest hazard, since arsenic in groundwater is predominantly inorganic and of higher toxicity. The AWWA has stated that arsenic occurs naturally in the drinking water of several regions in the County. It also can be introduced into the environment by other means, including mining activities and wood treatment. Arsenic exposure can cause a variety of adverse effects. Evidence states that long-term exposure to high arsenic levels increases the risk of cancer. When exposure is by inhalation, the primary effect is increased risk of lung cancer. Evidence also alleges that the risk of internal cancer (liver, lung, bladder, and kidney) is also increased through ingestion. The current standard for arsenic in our drinking water is 50 parts per billion (ppb). The Environmental Protection Agency (EPA) is proposing a standard no higher than 10 ppb, to improve the safety of drinking water for Kern County residents and protect against the risk of cancer, heart disease, and diabetes.

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About 500 California water systems, most of them small, have arsenic levels higher than the level of 10 ppb standard that must be achieved by 2006. State officials must set their own arsenic standards by 2004 and they are concerned whether 10 ppb is stringent enough. Environmentalists and some members of Congress believe the battle is not over. In regard to the arsenic problems, the Indian Wells Valley Water District reported that l0 ppb is the equivalent of one drop of water in a 10,000 gallon swimming pool. FINDINGS: In researching this subject this Committee found that the Center for Disease Control (CDC) in Atlanta has spent a great deal of time researching this subject. According to the CDC the 10 ppb standard is strictly arbitrary and is not based on any known scientific fact. Most of the research done on the effects of arsenic have occurred in countries such as Taiwan and Bangladesh where the prevalence of malnutrition and Hepatitis B have complicated the effects of arsenic on the human body. In the Taiwan drinking water study it was found that the water also contained humic substances. It has been speculated that these substances may be carcinogenic. The United States and Taiwanese populations differ in genetic characteristics, diet, and exposure to other environmental chemicals. High concentrations of arsenic in a communitys water wells do not necessarily correlate with high levels of arsenic symptoms within the community. The CDC reported that the human body processes and disposes of about 90% of the arsenic ingested with drinking water, the remaining 10% accumulates in certain tissues in the body with about 90% of that collecting in the hair. Therefore, if it is going to cause cancer, it will be in the hair and the only treatment required would be to get a haircut. The CDC also reported that the human body, in response to the constant intake of minute quantities of arsenic, as well as with other poisons, builds up a tolerance so that a huge amount is required in a single dose to cause death. The CDC goes on to state that if the drinking water does, in fact, contain arsenic on a ratio of 50 ppb, a person would have to drink 750 gallons over a period of not more that two hours in order to get a fatal dose". Therefore, if one consume six 8 oz. glasses of water a day you would have ingested what amounts to a fatal dose in 5 years. However, since the body disposes of about 90% of what you have taken in, it would take 55 years to accumulate that much. Further, since 90% of that has gone to the hair and has been disposed of in haircuts, we can up the danger point to about 500 years at 6 glasses of water a day. But even this isnt valid because by that time the body would have built up such a tolerance it would take a really massive dose to even make a person sick.

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COMMENTS: Most inorganic arsenic is dissolved. However, in some water more than half of the total arsenic is in the form of very fine particles that can be removed by filters. Due to the research conducted, the Committee feels that the cost of eliminating arsenic is high compared to the cost of the damage that it might cause. It is reported that it could add up to $320 per year to the water bill of the average family. Counting the number of five-person families in Kern County, this amounts to an expenditure that could be as high as $20 million that would be passed on to the consumer. The Association of California Water Agencies projects an arsenic standard of 10 ppb would cost $600 million annually in operating costs with capital costs of $5 billion. As a result of any process for eliminating the arsenic in drinking water a sludge will occur and at this time there is no known way to eliminate this sludge. There are several small water systems in Kern County that, because of the millions of dollars required to make the conversion, would have to shut down if forced to meet the standard of 10 ppb. Most, if not all of these systems, are using water that has a natural arsenic content of only about 11 to 13 ppb, which means currently they do not now have to treat for arsenic. NO RESPONSE REQUIRED

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FINAL REPORT ON KERN RIVER VALLEY CEMETERY SPECIAL DISTRICT

PURPOSE: Review the Kern River Valley Cemetery District (KRVCD) pursuant to Penal Code Section 925 and 933. The Grand Jury conducted interviews, reviewed the 2000-2001 budget, financial statements and audit as of June 30, 2001, and toured the facilities. HISTORY: Kern River Valley Cemetery District has existed since 1950, serving the residents of the Kern River Valley from Riverkern on the North to Alta Sierra on the Northwest to Piute Mountain on the South and to Canebrake on the East. KRVCD was formed as an independent enterprise district relying on both property tax and service fees for operating expenses. The cemetery consists of 20.90 acres, of which 20.15 acres are on the west of Burlando Road (Highway 155) and .75 acres on the east side of Burlando Road. The east parcel, a cemetery established in 1867, was ceremoniously purchased from Bureau of Land Management,(BLM), using a land patent, on March 30, 1983. Currently KRVCD is negotiating with BLM for an additional 12.45 acres on the west side and adjacent to the Districts property. In addition, a study for leveling two hilltops is in process, which would allow for the development of an additional four or five acres from the 20.15 acres of which only five acres are currently developed. Both projects would increase the ability of the District to service the residents of the Kern River Valley in the foreseeable future. The following is a list of the towns served by the Kern River Valley Cemetery District: Kernville Lake Isabella Mt. Mesa South Lake Onyx Wofford Heights FINDINGS: The Kern County Board of Supervisors appointed the five Trustees to KRVCD Board. A copy of the Brown Act was on hand at the District Office and the Trustees are knowledgeable of their responsibilities under the act. A yearly budget is prepared and approved by the Trustees. Havilah Caliente Squirrel Valley Bodfish Kernvale Keysville Claraville Weldon Alta Sierra Riverkern Bella Vista Canebrake

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The financial statements are maintained on a personal computer. A CPA accounting firm prepares a yearly audit. The District maintains a policy and procedures manual and follows the California Association of Public Cemeteries safety and health procedures. A review of the staffing indicated that nepotism was not a problem.

COMMENTS: The District facility was clean and well maintained with a panoramic view of Lake Isabella and the Sierra Nevada mountain range. RECOMMENDATIONS: The Kern River Valley Cemetery District should continue discussions with BLM for the purchase of land adjacent to their property as well as the study of the leveling of two hilltops. Both projects would create more acres to be used in the future for the service of the residents in the Kern River Valley.

NO RESPONSE REQUIRED

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LAMONT PUBLIC UTILITY DISTRICT

PURPOSE: Review the Lamont Public Utility District (LPUD) pursuant to Penal Code Section 925 and 933. The Special Districts Committee of the 2001-2002 Kern County Grand Jury conducted interviews, reviewed the 2000-2001 budget and financial statements, the audit as of June 30, 1999, and toured the district visiting well sites and the sewer facility. HISTORY: The Lamont Public Utility District was established November 3, 1943. Unfortunately, the written history of the district has disappeared during the years; however, LPUD has proudly and faithfully served the residents over the years with a competent water system. On February 1, 2000, the Board of Directors contracted for five years with a private firm, ECO Resources, Inc., to provide employees with the technology skills to operate and maintain the water, sewage, and lighting systems. The water supply and distribution system consists of nine wells, four storage tanks, and thirty-five miles of distribution lines. The wastewater collection and treatment facility consists of thirty-five miles of sewer lines, headworks, Biolac oxidation lagoons, storage ponds, and land for effluent disposal. The street lighting system has 300 streetlights which require maintenance throughout the year. During 1998 the LPUD borrowed $2.7 million from the United States Department of Agriculture (USDA) Rural Development to refurbish the existing sewer system and new storage ponds, creating an enormous ecological recycling program. Each day 1.5 million gallons of sewage water is dumped into the Biolac oxidation lagoons. After sixty days of aeration, this sewage water is pumped into large settling ponds where a million gallons are used daily by a private firm to process waste food products collected from grocery stores in the surrounding area. The sewage wastewater and sludge is used to wet down the chopped up food and plastic wrap material. Bacteria breaks down the contents and the material is again chopped up through a second machine into a saleable compost material which is sold to farmers, nurseries, and homeowners for enriching the soil for the planting of crops, trees, plants, and flowers. This ecology process reduces the cost to the district for processing the wastewater, reduces the need for landfill, and returns to the soil an enriched enhancer. Sunning themselves around the storage ponds were ducks, seagulls, terns, and egrets proving an ecological success. This is an example of what local government and private enterprise can accomplish by joining together for the betterment of society.

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The LPUD operates nine wells within the water distribution system, located within the district and township. A tenth small domestic well is operated at the wastewater site. Arsenic levels vary from well to well and all of the wells meet the current arsenic requirements of 50 parts per billion (ppb). The new standard of 10 ppb will put four wells over the required level. Two wells are at the north end of the township and two are located at the south end of the district. The LPUD is searching for a solution to meet the new required 10 ppb standard.

FINDINGS: The Lamont Public Utility Districts five-member board is elected on a staggered basis. Monthly meetings of the Board are posted at the districts office. The districts attorney is present at each meeting and a copy of the Brown Act is available for the members of the Board. A yearly budget is prepared and approved by the Board. Important documents, land deeds, and checks are stored in a large fireproof vault. Accounting records and software are stored off site at night. Over $3.2 million has been invested by the LPUD in banks certificates of deposit in several banks. The district plans to utilize these invested funds in future projects such as replacing existing water lines and water storage improvements. Plainview Public Utility District has approached the LUPD with the desire of merging the two districts into one district. Currently the Local Agency Formation Commission is reviewing the documents filed for approval. The monthly financial statements have not been completed and closed since February, 2000. This lack of control has occurred in part due to illnesses, employee resignations, and the fact that the district has had four general managers within the last two years. An audit has not been completed since the 1998-1999 fiscal year. An inventory of all equipment, parts, and office furnishing has not been completed at the district on a yearly basis. Neither a mission statement nor the history of the district has been written down for posterity.

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RECOMMENDATIONS: It is imperative to close each months financial transactions in an efficient and timely manner. Allowing the accounting information to languish leads to errors, omissions, and mistakes. The district should complete the monthly closings by adding additional temporary accounting staff to bring the data up to date. Audits for fiscal years 1999-2000 and 2000-2001 should be completed as soon as possible. A yearly inventory of equipment, parts, and office equipment should be taken. Some attempt should be made to document the rich history of the district and to state the mission of the district. RESPONSE REQUIRED: WITHIN 90 DAYS TO PRESIDING JUDGE SUPERIOR COURT 1415 TRUXTUN AVENUE BAKERSFIELD, CA 93301

SD-9

LAMONT PUBLIC UTILITY DISTRICT

8624 Segrue Road Lamont, California 93241 (805) 845-121 3 FAX (805) 845-4436

Richard L. Rutherford, Foreman 200 1-2002 Kern County Grand Jury 1415 Truxtun Ave. Bakersfield Ca. 93301

March 25,2002

Response to Grand Jury report of December 12,2001

We are happy to see that the Grand Jury found our operations substantially correct and a benefit to the community. The symbiotic relationship, between "Community Recycling and Resource Recovery" and the "Lamont Public Utility District", is environmentally sound and of great benefit to the community. Financial closings and audits We, of course, take the recommendations of the Grand Jury very seriously and have made a major effort to resolve the most glaring area of concern. We were, in fact, in process of working on this area previous to the Grand Jury process. All 1999-2000 and 20002001 financial information has been entered into our new bookkeeping system and delivered to our auditors. The audits are supposed to be completed in approximately 6-8 weeks. Now that all updating has been completed the current monthly closings will be entered on a regular basis, and there will be no further backlogging of financial data entry. Inventory The predominant amount of Lamont PUD property is associated with fixed sites such as the well sites, storage yards, workshops, and wastewater plant. The associated equipment is primarily immobile and replaced only with the express knowledge of the board of directors. Except for a list of district equipment that is on an inventory list and also video taped, most other items are consumables. The specific inventory items are covered contractually in the agreement with the management company, ECO Resources Inc. who must maintain, or replace in kind, all items. Our consumable parts are not resold and individual invoices are not done for repairs and maintenance that consumes these parts. Since the systems are of varied age and condition the benefits of more concise records of consumption, such as predictability of parts use for planning purposes, does not apply. It is generally felt that a specific inventory is not particularly beneficial under these circumstances and would instead be an unnecessary financial burden.

SD-11

History and Mission Statement While the history of the District is interesting in its own way, it is of specific interest to only a few people and may not justify expending district funds to accomplish. It someone were to express and interest in researching and recording that.history, they would most certain1y receive the f u l l cooperation and appreciation of the district and ECO Resources Staff.

I do not know of any specific mission statement for the district, but feel comfortable stating the mission of the Larnont PUD has always been and continues to be: To represent and protect the interests of the people of the community of Larnont within the latitudes allowed by federal, state and local law. The District is dedicated to providing for clean, healthful water and efficient, healthful wastewater services, now and into the future.
Conclusion Thank you again for your interest in Lamont PUD and we hope this response will meet with your understanding and approval. We have great pride in the operation and maintenance of LPUD and great respect for our ongoing responsibility to future generations.

Sincerely,

Gilbert Alaniz, President Lamont PUD Board of Directors

Cc:

Directors, Lamont PUD General Manager, Lamont PUD

SD-I2

MOUNTAIN MEADOWS COMMUNITY SERVICE DISTRICT

PURPOSE: Review the Mountain Meadows Community Service District (MMCSD), pursuant to Penal Code Section 925 and 933. The Special Districts Committee of the Kern County Grand Jury conducted interviews, reviewed the budget, financial statements, and audits as of June 31, 2000 and December 31, 2000, and toured the facilities and the roadways extensively. HISTORY: The Kern County Board of Supervisors established the Mountain Meadows Community Services District by Resolution No. 70-804, on November 6, 1970, under Government Code Sections 61000-61801. The District maintains the twenty-seven miles of roadways, drop inlets (drainage), and posted signs. Mountain Meadows Community Services District, a dependent district located in the Tehachapi Mountains, became inactive in July of 1985. The District was controlled by the Kern County Board of Supervisors with funds administered by the County AuditorController until July 1, 1991, at which time the MMCSD reformed and became responsible for their own functions once again. During the tour, it was noted that unknown individuals were dumping abandoned vehicles, household furniture, and trash on and at the end of the roads. Signs were shot and some stolen, and hillside damage was caused by recreational vehicles. Due to the costs of rectifying the above problems the Board is considering a closed and gated community. Repairs to the roads were in progress with a primary road, used by most of the residents, being repaved with a soil stabilization solution at a considerably reduced cost versus asphalt or chip seal. The soil stabilization solution will be used on the remaining unpaved 15 miles of roads if a grant from the Federal Emergency Management Agency (FEMA), is received. Engineering costs in the amount of $106,000 have already been received from FEMA. The District recently changed the fiscal year-end from June 30 to December 31 calendar year-end. The change allowed the District to match revenues received in December with

SD-13

the cost to repair roads damaged by winter storms, which occur in the first quarter of the year. FINDINGS: The Mountain Meadows Community Service District is governed by a three member Board of Directors that is elected every four years. The elections are staggered so that all Board Members are not up for office at the same time. A copy of the Brown Act is on hand at the Districts Office and all Board Members are knowledgeable of their responsibilities under the act. The Board meets once a month at the District Office. The meetings are posted and announced in the local Tehachapi paper. One of the Board Members is serving pro bono as interim General Manager until funds are available to hire a Manager. A yearly budget is prepared and approved by the Board of Directors. The financial statements are maintained on a personal computer. A CPA accounting firm prepares a yearly audit. All valuable documents are maintained and stored in a fireproof room. MMCSD follows the California Special Districts Association policy and procedures manual. Under nepotism one example was noted, however the Board had implemented a special procedure to prevent any problem from occurring.

CONCLUSION: The District has been in a cycle where the revenues received each year were used for road repairs caused by the winter storms. With the infusion of grant monies from FEMA the cycle could be broken, and the District could use the yearly property tax revenue to beautify the District, enticing further housing development on the remaining 600 plus parcels. NO RESPONSE REQUIRED

SD-14

NORTH EDWARDS WATER DISTRICT

PURPOSE: Review the North Edwards Water District (NEWD) pursuant to Penal Code Section 925 and 933. The Special Districts Committee of the 2001-2002 Kern County Grand Jury conducted interviews, received the 2000-2001 budget, financial statements, and audit as of June 30, 2001, toured the community visiting two well sites. HISTORY: Dedicated individuals and the flipping of a coin to break a tie vote for one board seat formed the Water District in December 1986, after two years of effort. Antelope Valley Water Company, owned by the California Water Service Company, was purchased in May 1987. The take over of the water system was completed by the newly formed water district board with a purchase price of $177,925 at 9% interest over 20 years. Residents of the district work at Edwards Air Force Base, the borax mines, and rocket sites. Currently 223 water meters are hooked up in the District. Water is pumped directly from the North Muroc Water Basin, an ancient water aquifer left after the glaciers receded from the Southern Hemisphere. Arsenic is a major topic of discussion at the District. The Environmental Protection Agency (EPA) has until February 22, 2002, to publish a final rule concerning the science behind the new standard of 10 ppb (parts per billion) and the estimated costs to communities. At this time both water wells meet the current standard of 50 ppb but only by a small margin of 42 ppb and 30 ppb at the secondary and primary wells. Antelope Valley East Kern Water District (AVEK) laid a 10 pipeline through the Mojave Desert during the 1960s. Hooking up to this water would cost over $90,000. Additional costs to lay pipe for running the water into the District plus the purchase of the water would be in addition to the hook up cost. It is estimated that 80% of the Districts water would come from AVEK if the 10 ppb is adopted by the EPA. FINDINGS: The North Edwards Water Districts five-member board is elected on a staggered basis. Monthly meetings of the Board are posted. Each Board Member had a copy of the Brown Act.

SD-15

The President of the Board is serving pro bono as interim General Manager until funds become available for the hiring of a Manager. A yearly budget is prepared and approved by the Board. A Certified Public Accounting (CPA) firm prepares a yearly audit. The financial statements are maintained on a personal computer. The District follows both the Potable Water Code and the Administrative Code policy and procedure manuals, prepared by the outside legal counsel and approved by the Board. The Board meetings are communicated to the attorneys office, in West Lake Village, via Video Cam at a monthly savings of $400 in attorney travel time. The Video Cam and software program was purchased for $69. An inventory of all equipment, parts, and office furnishings has not been completed at the District. The North Edwards Water District is planning on refinancing the purchase loan at 9% interest to a lower interest rate.

RECOMMENDATIONS: The Water District should schedule a physical inventory of all assets owned. With interest rates at a historic low point, the District should complete a refinancing of the current mortgage loan with 9% interest for a lower rate. RESPONSE REQUIRED: WITHIN 90 DAYS TO PRESIDING JUDGE SUPERIOR COURT 1415 TRUXTUN AVENUE BAKERSFIELD, CA 93301

SD-16

SPECIAL DISTRICT SURVEY

PURPOSE: Pursuant to Penal Code 925 and 933 the Special District Committee of the 2001-2002 Kern County Grand Jury reviewed the Special District Listing, verifying the accuracy of the general information and number of districts noted in the Little Hoover Commission Report (LHC) dated May 2000. BACKGROUND: A Special District is a quasi business/government entity, considered the backbone and grassroots of local politics. It is the closest that citizens can be to a governmental organization. The Special District is in their backyard sort of speaking. The voters know who is running the district because it is their neighbor or themselves. The first Special District was formed in Kern County in 1916. On page six of the introduction in the Little Hoover Commission Report the number of Special Districts in Kern County was quoted as one hundred. Kern County was tied for third place with Fresno County in the states fifty-eight counties, two behind San Joaquin County and eleven behind Tulare County. As of 2002 only ninety-four Special Districts remained. Upon the initial start of the Special District Committee, a listing was obtained from the County Administration Office. This listing contained over four hundred districts within the county including fire, schools, and hospitals. A second listing that contained only Special Districts was received from the Local Agency Formation Commission (LAFCO), with ninety-six Special Districts. A survey was prepared and approved by the Grand Jury to be sent out to all ninety-six Special Districts located within the county and contained in the listing. After three months, all but twenty-two Special Districts answered the survey. A telephone search was completed and all but three Special Districts were contacted. Of the three Special Districts not contacted, two were dissolved into two different city governments and the third Special District was in the final process of merging into another district. From the original one hundred districts, two were found to be duplicates and one had closed. This left only ninety-four Special Districts within Kern County.

SD-17

Over 1,600 full time employees and approximately 800 part-time employees work for the Special Districts in Kern County. Although Kern County has one of the highest number of Special Districts in the state, it is by far not one of the wealthiest. The Little Hoover Commission indicated that the wealth of the states Special Districts was over $19 billion. However, the LHC was using the retained earning account, which is a balancing account on the financial statements, used to indicate the accumulated profits and losses from the time of formation to the current year of an entity. Land, buildings, and equipment are all purchased with the profits, while cash and investments represent only a small part of the retained earning. Finally, the cash and investments of Special Districts are from the taxes and fees charged to the citizens and taxpayers in the local community and should be used to bring the best service at a low cost, a service that city, county, and state government is not able or willing to perform. During 1992-93 the State Legislature enacted Education Revenue Augmentation Fund (ERAF), which shifted billions of dollars of local property tax to education, local school districts, and community colleges. This legistation adversely affected not only the city and county governments, but also the Special Districts. The majority of Special Districts rely upon taxes and fees in order to operate and are still trying to recover from this shift of taxes.

FINDINGS: The total number of Special Districts has been reduced from one hundred to ninetyfour due to dissolution, mergers, and closings. Some of the Special Districts had a well-documented history while others didnt even know the year of formation.

RECOMMENDATIONS: Special Districts should contact LAFCO when they have a change of address, telephone number, general manager, etc. If any Special District is not included on the Special Districts Listing LAFCO must be contacted.

NO RESPONSE REQUIRED

SD-18

Kern County Special Districts

No. of Directors
District
Airport Districts

No. of Employees
Full Part Time

Office Location Within District

City

Formed

Elected

Appointed

Yes
X X X

No

Visit/ Final Report Complaint

1 East Kern Airport 2 Indian Wells Valley Airport 3 Minter Field Airport
Cemetery Districts East Kern Cemetery Kern County Cemetery Kern River Valley Cemetery North Kern Cemetery South Kern Cemetery Tehachapi Public Cemetery West Side Cemetery Community Service Districts Arvin Community Services Bear Valley Community Services Boron Community Services Desert Lake Community Services East Niles Community Services Golden Hills Community Services lnyokern Community Services Mountain Meadows Community Services Rosamond Community Services Stallion Springs Community Services Hospital Districts East Kern Health Care Kern Valley Health Care Muroc Hospital North Kern - South Tulare Hospital Southwest Health Care Tehachapi Valley Health Care West Side Health Care Irrigation Districts

Mojave Inyokern Shafter

1972 1985 1983

5 5 5

32

3
7

18 0

4 5 6 7 8 9 10

Mojave Shafter Wofford Heights Delano Bakersfield Tehachapi Taft

1940 1930 1950 1939 1959 1949 1930

53 5 3 -

2
8 2 7 3

5
5 5

2 5

0 1 1 3 3 2 0

X X X X X X X

11 12 13 14 15 16 17 18 19 20

Arvin Tehachapi Boron Boron Bakersfield Tehachapi lnyokern Tehachapi Rosamond Tehachapi

1956 1970 1953 1957 1954 1966 1985 1970 1966 1970

5 5

5 5 5 5 5 3 5 5

0
15 1 2 1 1 1 7 0 2

50
3 3 15 8 2 1 10 13

X X X X X X X X X X

X X X

21 22 23 24 25 26 27

California City Lake lsabella Boron Delano Frazier Park Tehachapi Taft

1980 1964 1976 1966 1985 1949 1947

5 5 5 5 5 5 5

0
254

0
120

0
128 1

1 82 1 12 0 65 0

X X X X X X X

28 Delano-Earlimart Irrigation 29 Shafter-Wasco Irrigation

Delano Wasco

1938 1937

5 5

11

4 1

X X

SD-19

Kern County Special Districts

No. of Directors No. of Employees

Office Location Within District

Yes

District
Mosquito Abatement Districts Delano Mosquito Abatement Kern Mosquito &Vector Control South Fork Mosquito Abatement West Side Mosquito & Vector Control Public Utility Districts Enos Lane Public Utility Frazier Park Public Utility Lost Hills Utility Lamont Public Utility Mojave Public Utility Southern San Joaquin Municipal Recreation & Parks Districts Bear Mountain Recreation & Park Buttonwillow Recreation & Park McFarland Recreation & Park North Bakersfield Recreation & Park Shafter Recreation & Park Tehachapi Valley Recreation & Park Wasco Recreation & Parks West Side Recreation & Park Resource Conservation Districts Antelope Valley Resource Conservation Eastern Kern County Resource Conservati Kern Valley Resource Conservation Pond-Shafter-Wasco Resource Conservati Tehachapi Resource Conservation Western Kern Resource Conservation Sanitation Districts

City

Formed

Elected

Appointed

Full

Part Time

No

Visit/ Final Report

Complaint

30 31 32 33

Delano Bakersfield Kernville Taft

1944 1916 1978 1931

5 8 5 5

6 20 8

3 28 2 10

X X X X

34 35 36 37 38 39

Bakersfield Frazier Park Lost Hills Lamont Mojave Delano

Not Available 1939 1978 1943 1939 1935

5 5 5 5 5 5

Contracted

1 0

9 15

X X X X X X

40 41 42 43 44 45 46 47

Lamont Buttonwillow McFarland Bakersfield Shafter Tehachapi Wasco Taft

1957 1974 1976 1955 Not Available 1958 1948 1947

5 5 5 5 -

7 5 5 5

4 2 5 82 3 7 3 11

30 4 30 250 6 28 2 100

X X X X X X X X

48 49 50 51 52 53

Lancaster

Ridgecrest Weldon Bakersfield Tehachapi

Cholame

1941 1953
Not Available

1980 1947 1981

5 5 3 5 5 5

5 2 2 0 0

3 2 2 0 0

X X No Office X No Office X

54 Ford City-Taft Heights 55 Kern Sanitation Authority 56 North of the River Sanitary

Bakersfield Bakersfield Bakersfield

1951 1949 1940

5 (2) 5 5

County Employees 0 0 9 0

X X X

SD-20

Kern County Special Districts

District
Water Districts Antelope Valley-East Kern Water Agency Berenda Mesa Water Buttonwillow County Water Cawelo Water Devil's Den Water Greenfield County Water Henry Miller Water Indian Wells Valley Water Keene Water Kern County Water Agency Kern Delta Water Kern-Tulare Water Lebec County Water Lost Hills Water Mettler County Water North Edwards Water North of the River Municipal Water Olcese Water Rag Gulch Water Rand Communities Water Quail Valley Water Tehachapi-Cummings County Water Tejon-Castaic Water West Kern Water Water Storage Districts Arvin-Edison Water Storage Belridge Water Storage Buena Vista Water Storage North Kern Water Storage Rosedale-Rio Bravo Water Storage Semitropic Water Storage Wheeler Ridge-Maricopa Water Storage

City

Formed

No. of Directors Elected Appointed

Office Location No. of Employees Within District Yes No Full Part Time

Visit/ Final Report Complaint

57 58 59 60 61 62 63 64 65 66 67 68 69 70 71 72 73 74 75 76 77 78 79 80

Palmdale Bakersfield Buttonwillow Bakersfield Santa Clarita Bakersfield Bakersfield Ridgecrest Bakersfield Bakersfield Bakersfield Bakersfield Lebec Bakersfield Bakersfield North Edwards Bakersfield Bakersfield Bakersfield Randsburg Bakersfield Tehachapi Lebec Taft

1959 1963 1956 1965 Not Available 1955 1964 1955 1966 1961 1965 1974 1967 1963 1974 1986 1969 1968 1955 1969 1966 1965 1965 1959

7 5 5 5 5 5 5 5 5 7 9 5 5 5 5 5 5 5 5 5 5 5 5

5 -

25 12 0 20 3 0 25 65 25 6 Contracted 15 2 1 6 0 6 4 0 22 0 43

0
1

X
X

0 3 -

0
0 0 0 0

X X
X X No Office X

0
0 1 2 X O&M

X Adm

0
1 0 0 2 1 3

X X
X

X
X

X
X

0
0

X
X

81 82 83 84 85 86 87

Arvin Bakersfield Buttonwillow Bakersfield Bakersfield Wasco Bakersfield

1942 1962 1924 1935 1959 1958 1959

9 5 5 5 5 7 9

52 8 24 25 4 33 39

0 0 3 5 0 3 2

X X X X X X X

SD-21

Kern County Special Districts

Office Location Within District Yes No
No Office Field Office Adm X X X X X
(3)

District
88 89 90 91 92 93 94
Miscellaneous Districts Fairhaven Industrial Fire Protection Kern County Air Pollution Control Kern County Citrus Pest Control Kern River Levee Golden Empire Transit Greater Bakersfield Separation of Grade Lamont Storm Water

City
Bakersfield Bakersfield Bakersfield Bakersfield Bakersfield Bakersfield Lamont

Formed
1984 1968 1960 Not Available 1973 1954 1984

No. of Directors Elected Appointed

No. of Employees Full Part Time

0 9
0

Visit/ Final Report

Complaint

5 5 5 3 5 5 5

0 0 0 96 0 0

City Employees 240 0 0

Total Employees Duplicates 95 Lost Hills Sanitation 96 Buena Vista Resource Conservation Dissolved 97 Arvin Sanitation 98 Wasco Public Utility Merged 99 Plainview Public Utility Closed 100 100 Rio Bravo Resource Conservation (1) Year ended June 30,2000 (2) Board of Supervisors (3) Office in Bakersfield, Field Office in Mojave

1611

848

SD-22

WEST SIDE RECREATION AND PARKS DISTRICT

PURPOSE: Review the West Side Recreation and Park District (WSRPD) pursuant to Penal Code Section 925 and 933. The Special Districts Committee of the 2001-2002 Kern County Grand Jury conducted interviews, reviewed the 2000-2001 budget, financial statements, and the audit as of June 30, 2001, and toured the District extensively. Within the city of Taft, the WSRPD has numerous buildings including the administrative office, a roller rink, racquetball court, weight room, basketball court, billiards room, nursery, eating facilities, and meeting rooms. Outdoors are a swimming pool and changing room, BMX bicycle track, baseball diamonds, and a Frisbee golf course. The tour concluded with a trip to Mt. Abel located south of Taft, approximately thirty-six miles, where the two hundred-acre Camp Condor and the forty-seven acre Mil Potrero Park are located. HISTORY: The District was established by a local election on November 4, 1947, and by a joint resolution of the County Board of Supervisors and the Taft City Council, declaring the District organized and established on November 10, 1947. Presently, the District is operating with a Board of Directors consisting of five members, three appointed by the County Board of Supervisors and two appointed by the Mayor of Taft. WSRPD covers an area of approximately four hundred and seven square miles with over twenty thousands residents. WSRPD believes that recreation is a leisure time activity voluntarily engaged in for its own sake, which contributes to the physical, mental, and moral development of the individual. An effort to provide a well-rounded wholesome program of leisure time activities for the residents is accomplished by development of programs, maintenance of recreation facilities, and cooperative efforts with other agencies. COMMENTS: Three future programs that are developing are a pre-school under Proposition 10, expansion of Camp Condor, and turning the Natatorium into a family oriented mini-water park. A sixty-student pre-school is considered as a function the District could accommodate. Land has been set aside and documents prepared for consideration and submittal to the Kern County Children and Families Commission for the funds to build and operate a pre-school.

SD-23

After a give and take, the District is currently leasing the 200 acre Camp Condor facilities from the County. The understanding was, after five years of operating the camp, ownership could revert back to WSRPD. Currently the District has started their sixth year and consideration by Kern County Supervisors to return the ownership of the property to WSRPD will be requested. Future plans for year around usage, the construction of more cabins, an ice skating rink, and road improvements are pending the granting of the land deed back to WSRPD by the County. During the summer over 535 children from around the County attend Camp Condor. The children fish, swim, and hike Mr. Abel during their one-week stay. Parents can attend a mid-week dinner and campfire with their children. Westside Camp Association leases the camp from WSRPD and completes major improvements each year, i.e., rebuilding a cabin destroyed by a falling pine tree, replacement of the propane pipeline throughout the camp, and the building of a fishing pond. The District made a trip east to Washington D. C. in December 2001, to discuss with Kern Countys Congressman and other government officials funding of $1.5 million for a new mini-water family park, to be built adjacent to the WSRPDs current swimming pool. It appears that the trip was a success and if the funding is approved the construction will commence in the fiscal year 2002. FINDINGS: The Kern County Supervisor of this District has informed the Board Chairman, who has faithfully served the WSRPD for 12 years, with the last 8 years as Chairman, that he will not be recommending him for re-appointment by the Board of Supervisors. Monthly meetings of the Board are posted and reported in the local paper. Each Board member has a copy of the Brown Act and the meetings are attended by the Districts attorney. The yearly budget is prepared by the staff and approved by the Board. A fireproof vault is used to store important documents and checks. Financial statements are maintained on a personal computer. Yearly audits are prepared by a Certified Public Accounting firm. Equipment and parts are inventoried each year. Excess cash is invested with the County Treasury Pool Investments.

SD-24

CONCLUSION: The District is well managed and the appearance is neat and orderly, with the buildings maintained in good working order, painted, and clean. The trees in the parks were trimmed and the grass green and cut. The BMX bicycle track, baseball diamonds, and basketball court were in good shape. Pre-schoolers, school children, and elderly citizens were utilizing and enjoying various programs during the tour. With the oil industry property tax base and the numerous volunteers from the community, the WSRPD is able to have a very progressive approach to leisure time activities. The District has improved the building and facilities throughout the area and has plans to add other new programs to the benefit of the districts citizens of all ages. This Committee has found the WSRPD to be a beautiful and well run District and one that is worthy of recognition.

NO RESPONSE REQUIRED

SD-25

AD HOC COMMITTEE KERN COUNTY CHILDREN AND FAMILIES COMMISSION

EVELYN A. BAXTER Chairman PATRICIA L. DUFFEL THOMAS H. HARDY ELAINE S. HIATT PATRICE S. KLINE CHARLES C. WRIGHT

MISSION STATEMENT

AD HOC COMMITTEE KERN COUNTY CHILDREN AND FAMILIES COMMISSION

An Ad Hoc Committee was appointed by the Foreman of the 2001-2002 Kern County Grand Jury to investigate in depth the Kern County Children and Families Commission. The goal of the Committee was to search for answers to questions that had been raised by members of the public and information that the Grand Jury had obtained during an unrelated investigation. The mission of this committee was to suggest possible solutions to problems that were considered to be significant errors or omissions. The following report is the recommendation of this Ad Hoc Committee.

KERN COUNTY CHILDREN AND FAMILIES COMMISSION

PURPOSE: An Ad Hoc Committee of the 2001-2002 Kern County Grand Jury was formed to do an in depth inquiry into the internal operation of the Kern County Children and Families Commission (KCCFC). BACKGROUND: The voters of the State of California passed Proposition 10 into law during the election of November, 1998. The law provides for a fifty cent per pack excise tax on every package of cigarettes sold. This brought into effect the creation of the California Children and Families Act of 1998. Quoting from the Act, There is hereby created a program in the state for the purposes of promoting, supporting, and improving the early development of children from the prenatal stage to five years of age. These purposes shall be accomplished through the establishment, institution, and coordination of appropriate standards, resources, and integrated and comprehensive programs emphasizing community awareness, education, nurturing, child care, social services, health care, and research. The State Children and Families Commission set up provisions for establishment of County Commissions. Kern County adopted Ordinance #2.100.010 in 1999 creating the Kern County Children and Families Commission. The State Commission mandates County Commissions shall be made up of nine members consisting of: a. A member of the board of supervisors as designated by the board of supervisors b. The public health officer c. The director of the department of human services d. The director of the mental health department e. Five members appointed by the board of supervisors, one (1) nominated by each of the five (5) supervisors Individual counties receive their funding through the trust fund that is administered by the State Commission. The number of births in each individual county calculates the proration of funds. During the first three years of operation KCCFC has received approximately $37,500,000 of which $2,000,000 is earned interest. The first meeting of KCCFC was held May 26, 1999. An Executive Director was hired in October, 1999 and funding began in 2000.

AH-1

This Ad Hoc Committee conducted interviews with state and local elected officials, staff of KCCFC, staff of contractors that were granted funds, agencies that work in the same related area, staff of non-funded contractors, and employees of Kern County. Written documentation provided by the interviewees was researched. Also, newspaper reports, editorials, and reader opinion were reviewed to obtain perspective of local public opinion. FINDINGS: Financial procedures are inadequate to prevent waste, fraud, and abuse of funds. Internal controls are not adequate to prevent waste, fraud, or abuse. The accounting firm of Brown, Armstrong, Randall, Reyes, Paulden, & McCown completed financial audit reports for the fiscal years ending June 30, 2000 and June 30, 2001, and advised we noted certain matters involving the internal control over financial reporting and its operation that we consider to be reportable conditions. Reportable conditions involve matters coming to our attention relating to significant deficiencies in the design or operation of the internal control over financial reporting that, in our judgement, could adversely affect the Kern County Children and Families Commissions ability to record, process, summarize and report financial data consistent with the assertions of management in the general purpose financial statements. No written financial procedural manual was developed for the uniqueness of the KCCFC operation, (i.e. quasi-county department). KCCFC has been without a Chief Financial Officer with the exception of a two month period. A part time accountant has been handling all the financial functions of a Chief Financial Officer which seems inadequate for the amount of monies involved. Financial staffing is not adequate to accomplish the checks and balances required to ensure success of the Proposition 10 mission.

Contractors are treated differently with respect to financial reporting requirement and technical assistance offered by staff. The Committee investigated the process that contractors were required to complete prior to receiving a Proposition 10 grant. Basically, every contractor goes through the same procedures. However, some contractors are provided extraordinary assistance and sometimes support in business dealings that goes beyond prudent operations. Based upon interviews with the KCCFC staff, the Grand Jury learned that the city of Arvin has been designated as a Priority One by the State of California and that most non-profit organizations are attempting to fund childcare in that city. Other childcare facilities in non-farm areas have yet to be approved for a grant from KCCFC. Based upon interviews with contractors, each stated that all third party invoices had to be attached to their quarterly grant reimbursement request, while at least one contractor was required to forward only a schedule listing expenditures for reimbursement.
AH-2

Chairmanship of the Commission (an appointed member of the Board Of Supervisors) and the appointment of the five non-mandatory Commissioners gives the impression of political favoritism. There is no provision within the County Ordinance to limit the term of the Board of Supervisors Member who serves as Chairman of the Commission. The five Commission Members appointed by the Board of Supervisors appear to have been selected by profession rather than geographical area.

Documentation from KCCFC (December 16, 2001) indicates that approximately 66% of all funds are used to backfill existing Kern County Departments and School Districts. The majority of the remaining funds are allocated to non-profit agencies already receiving money from federal and state coffers. It would appear that this is against the original intent of the State Commission for Proposition 10 money. In Section 2 Findings and Declarations under section (m) (1) the Commission states: (m) The California Children and Families First Act of 1998 addresses these issues by facilitating the creation of a seamless system of integrated and comprehensive programs and services, and a funding base for the system with program and financial accountability, they will: (1) Establish community-based programs to provide parental education and family support services relevant to effective childhood development. These services shall include education and skills training in nurturing and in avoidance of tobacco, drugs, and alcohol during pregnancy. Emphasis will be on services not provided by existing programs and on the consolidation of existing programs and new services provided pursuant to this act into an integrated system from the consumers perspective. In giving thousands and thousands of Proposition 10 dollars to county departments, school districts, and non-profit agencies already in place, there is a definite belief and concern that the Kern County Children and Families Commission is going against the State Commission's original intent. At the very least it takes away monies that could be used for new programs to help the 0-5 infant population. Impression is that the KCCFC is being used as a money funnel, not a new entity of its own making. It is not to say that these current agencies fail to provide services and could use the funds. The question must be asked, why not eliminate the middle man (KCCFC) and issue the funds directly from the State Commission? The majority of all Commissioners sit on other boards who receive grants as well as some Commissioner's departments are funded with Proposition 10 monies. The appearance of conflict of interest is overwhelming and actual conflicts make the proper allocation of funds difficult.

AH-3

Research and investigation into the records of KCCFC indicates the majority of all funding is targeted at specific areas of the 0-5 infant population. The California Children and Families Act seeks to help provide, on a communityby-community basis, all children prenatal to five years of age with a comprehensive integrated system of early childhood development services, (Page v, Strategic Plan for Early Childhood Development in Kern County). In identifying the specific needs of each community in Kern County, it appears the KCCFC concentrated on the needs of the Hispanic population, the farm worker, and those with low income; children who are already receiving considerable attention under state and federal program funding.

COMMENTS: It is not the intent of this report to detract from the accomplishments of KCCFC. This Committee understands that Proposition 10 is a new program and has taken this fact into consideration. However, the Committee is pointing out the lack of balance in the current funding patterns. The Grand Jury is also concerned about overlapping funding and the possible waste of funds. RECOMMENDATIONS: KCCFC should enhance internal controls by immediately hiring a qualified Chief Financial Officer and increase the staffing of the Financial Department to develop accounting and auditing procedures to protect Proposition 10 assets against waste, fraud, and abuse of funds. This should include proper record keeping and control, financial reconciliation, continuous physical monitoring, and audits of grantors' sites. KCCFC should continue to retain the Kern County Auditor as their fiscal payment agent. The Auditors Office has specific policies and procedures that will protect KCCFC and their monies. KCCFC should continue to retain the Kern County Counsel's Office as their legal counsel. All contractors should receive the same technical assistance from KCCFC staff and be required to process reimbursement requests under the same procedures. The creation of Proposition 10 was for the benefit of all children in the prenatal stage to five years of age and not just for farm workers and low-income children and families, thus, all proposed projects should be evaluated based upon that mandate. Rotate the Chairmanship of the Commission at least every two years to eliminate the appearance of impropriety when contractors are awarded grants and improvements made within the Chairmans District. Board of Supervisors appointments should be made by geographical area; the representation should be comparable to the makeup of Kern Council of Governments (Kern COG).

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Concentrate on funding and help develop new programs that are more in compliance with the intent of Proposition 10. The Commissioners should abstain from voting on any grants that directly benefit either their own agency or an agency on which they sit on that board of directors. This Committee believes KCCFC needs to develop programs that will benefit all the 0-5 infant population in Kern County; for example, a program that would provide physicals for children entering kindergarten, plus updating immunizations that are needed for school entrance. Proposition 10 also was written to target smoking; KCCFC shows very little effort made toward this goal.

RESPONSE REQUIRED: WITHIN 90 DAYS TO PRESIDING JUDGE KERN COUNTY SUPERIOR COURT 1415 TRUXTUN AVENUE BAKERSFIELD, CA 93301

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COUNTY OF KERN
Incorporated April 2, 1866 County Seat Bakersfield, California

LIST OF COUNTY DEPARTMENTS

Board of Supervisors District 1 District 2 District 3 District 4 District 5 County Departments Administrative Office Agricultural Commissioner Aging and Adult Services KC Air Pollution Control District Airports *Assessor *Auditor-Controller Board of Trade Child Support Services Clerk of the Board Community Development -Fair Housing *Coroner *County Clerk County Counsel -Risk Management *District Attorney -DA Forensic Sciences *Elections Engineering & Survey Services -Building Inspection Emergency Medical Services Employers Training Resource Environmental Health Services -Animal Control Farm and Home Advisor Fire General Services Human Services Information Technology Services Jury Services Kern Medical Center Kern Council of Governments *Jon McQuiston *Steve Perez *Barbara Patrick *Ken Peterson *Pete H. Parra Department Head Scott F. Jones Theodore Davis Ronald M. Errea Thomas Paxson Raymond Bishop Jim Maples James Rhoades Barry Zoeller William Malloy Denise Pennell William J. Mungary Carl Sparks James Rhoades Bernard Barmann Ed Jagels James Rhoades Chuck Lackey David Baumstark John Nilon Steve McCalley Darlene Liesch Steve Gage Scott E. Jones Beverly Knight Scott E. Jones Terry McNally Peter Bryan Ronald E. Brummett Title County Administrative Officer Agricultural Commissioner Director Director Director Assessor Auditor-Controller Manager Interim Director Clerk of the Board Director Coroner County Clerk County Counsel District Attorney County Clerk Director Director Director Director Farm & Home Advisor Fire Chief County Administrative Officer Director County Administrative Officer Jury Commissioner Chief Executive Officer Executive Director Address 1115 Truxtun Ave., 5th Floor, Bksfld 93301 1115 Truxtun Ave., 5th Floor, Bksfld 93301 1115 Truxtun Ave., 5th Floor, Bksfld 93301 1115 Truxtun Ave., 5th Floor, Bksfld 93301 1115 Truxtun Ave., 5th Floor, Bksfld 93301 Address 1115 Truxtun Ave., 5th Floor, Bksfld 93301 1001 S. Mt. Vernon Ave., Bksfld 93307 5357 Truxtun Ave., Bksfld 93309 2700 M St., Ste. 302, Bksfld 93301 1410 Skyway Drive, Bksfld 93308 1115 Truxtun Ave., 2nd Floor, Bksfld 93301 1115 Truxtun Ave., 2nd Floor, Bksfld 93301 2101 Oak St., Bksfld 93301 1300 18th St., Bksfld 93301 1115 Truxtun Ave., 5th Floor, Bksfld 93301 2700 M St., Ste 250, Bksfld 93301 1832 Flower St., Bksfld 93305 1115 Truxtun Ave., 4th Floor, Bksfld 93301 1215 Truxtun Ave., 4th Floor, Bksfld 93301 1115 Truxtun Ave., 1st Floor, Bksfld 93301 2700 M St., Ste. 570, Bkslfd 93301 1400 H St., Bksfld 93301 2001 28th St., Bksfld 93301 2700 M St., Ste. 300, Bksfld 93301 1031 S. Mt. Vernon Ave., Bksfld 93307 5642 Victor St., Bksfld 93308 1115 Truxtun Ave., Bksfld 93301 100 E. California Ave./P. O. Box 511, 93302 1215 Truxtun Ave., Bksfld 933301 1661 L. St., Bksfld 93301 1830 Flower St., Bksfld 93305 1401 19th St., Ste. 200, Bksfld 93301 Telephone 868-3650 868-3660 868-3670 868-3680 868-3690 Telephone 868-3198 868-6300 868-1000 862-5250 393-7990 868-3485 868-3599 861-2367 868-6500 868-3585 862-5050 861-2606 868-3588 868-3800 868-3801 868-2340 868-3590 862-5100 868-5200 336-6900 862-8700 868-4680 868-6200 391-7000 868-3000 631-6000 868-2000 861-3075 326-2000 861-2191 FAX 868-3657 868-3666 868-3677 868-3688 868-3645 FAX 838-3190 868-6301 868-1001 862-5251 861-3322 868-3209 868-3560 861-2017 868-8558 868-3636 862-5052 861-3714 868-3768 868-3809 868-3875 868-2700 868-3768 862-5101 326-0951 336-6858 862-8701 868-4688 868-6208 399-2915 868-3100 633-6631 868-2100 861-2178 326-2100 324-8215

County Departments Library Local Agency Formation Com. Mental Health Parks & Recreation Personnel Planning **Probation Public Defender Public Health Department *Recorder Resource Management Agency Retirement Roads *Sheriff *Treasurer *Tax & License Collector Veterans Service Waste Management

Department Head Diane Duquette William Turpin Diane Koditek Robert Addison Kay Madden Ted James Larry Rhoades Mark A. Arnold B. J. Jinadu James Maples David Price III David Deutsch Craig Pope Carl Sparks Phil Franey Phil Franey Charles Bikakis Daphne Washington

Title Director Executive Officer Director Director Director Director Chief Probation Officer Public Defender Public Health Officer Recorder Director Retirement Administrator Director Sheriff Treasurer Tax Collector Veterans Service Officer Director

Address 701 Truxtun Ave., Bksfld 93301 2700 M St., Ste. 290, Bksfld 93301 1960 Flower St., Bksfld 93305 1110 Golden State Ave., Bksfld 93301 1115 Truxtun Ave., Bksfld 93301 2700 M St., Ste. 100, Bksfld 93301 2005 Ridge Rd., Bksfld 93305 1215 Truxtun Ave., 3rd Floor, Bksfld 93301 1700 Flower St., Bksfld 93305 1655 Chester Ave., Bksfld 93301 2700 M St., Ste. 350, Bksfld 93301 1115 Truxtun Ave., Bksfld 93301 2700 M St., Ste. 400, Bksfld 93301 1350 Norris Rd., Bksfld 93308 1115 Truxtun Ave., Bksfld 93301 1115 Truxtun Ave., Bksfld 93301 1120 Golden State Ave., Bksfld 93301 2700 M St., Ste. 500, Bksfld 93301

Telephone 861-2130 862-8950 861-2253 868-7090 868-2480 862-8600 634-4102 868-4799 868-0554 868-6400 862-8800 868-3790 862-8850 861-7500 868-3490 868-7300 862-8900

FAX 631-9439 862-8951 863-6666 868-7001 868-3928 862-8601 634-4199 868-4785 868-0290 868-6401 862-8801 868-3779 862-8851 391-7515 868-3409 868-7301 862-8901

*Elective Officials. All others appointed by Board of Supervisors except Director of Personnel who is appointed by Civil Service Commission

SUPERIOR COURT OF CALIFORNIA COUNTY OF KERN

Metro Division Name Robert Aspach Michael B. Bush Sidney P. Chapin Lee P. Felice Gary T. Freidman Stephen P. Gildner Colette Humphrey John I. Kelly Charles P. McNutt Richard J. Oberholzer Roger D. Randall Coleen W. Ryan James M. Stuart Jon E. Stuebbe Kenneth C. Twisselman II Arthur Wallace Clarence Westra, Jr. Louis P. Etcheverry Theresa Goldner Louie L. Vega Peter A. Warmerdam Terry McNally John L. Fielder Frank A. Hoover Michael B. Lewis Sharon W. Mettler Charles B. Pfister H. A. Staley Jerold L. Turner Patrick Alderete James L. Compton Ralph L. McKnight, Jr. North Division L. Bryce Chase Gary A. Ingle Robert E. McDaniel South Division Taft Branch Romero J. Moench South Division Craig Phillips Gary R. Witt East Division John Oglesby Catherine D. Purcell John L. Quinlen David L. Eckert Judge Judge Judge Court Commissioner 132 E. Coso St., Ridgecrest 93555 132 E. Coso St., Ridgecrest 93555 132 E. Coso St., Ridgecrest 93555 132 E. Coso St., Ridgecrest 93555 Judge Judge 12022 Main St., Lamont 93268 12022 Main St., Lamont 93268 Judge 311 Lincoln St., Taft 93268 Judge Judge Judge 1122 Jefferson Ave., Delano 93215 1122 Jefferson Ave., Delano 93215 1122 Jefferson Ave., Delano 93215 Title Judge Judge Judge Judge Judge Judge Judge Judge Judge Judge Judge Judge Judge Judge Judge Presiding Judge Judge Court Commissioner Court Commissioner Court Commissioner Referee Court Executive Officer Judge Judge Judge Judge Judge Judge Judge Court Commissioner Court Commissioner Court Commissioner Address 1415 Truxtun Ave., Bksfld 93301 1415 Truxtun Ave., Bksfld 93301 1415 Truxtun Ave., Bksfld 93301 1415 Truxtun Ave., Bksfld 93301 1415 Truxtun Ave., Bksfld 93301 1415 Truxtun Ave., Bksfld 93301 1415 Truxtun Ave., Bksfld 93301 1415 Truxtun Ave., Bksfld 93301 1415 Truxtun Ave., Bksfld 93301 1415 Truxtun Ave., Bksfld 93301 1415 Truxtun Ave., Bksfld 93301 1415 Truxtun Ave., Bksfld 93301 1415 Truxtun Ave., Bksfld 93301 1415 Truxtun Ave., Bksfld 93301 1415 Truxtun Ave., Bksfld 93301 1415 Truxtun Ave., Bksfld 93301 1415 Truxtun Ave., Bksfld 93301 1415 Truxtun Ave., Bksfld 93301 1415 Truxtun Ave., Bksfld 93301 1415 Truxtun Ave., Bksfld 93301 1415 Truxtun Ave., Bksfld 93301 1415 Truxtun Ave., Bksfld 93301 1215 Truxtun Ave., Bksfld 93301 1215 Truxtun Ave., Bksfld 93301 1215 Truxtun Ave., Bksfld 93301 1215 Truxtun Ave., Bksfld 93301 1215 Truxtun Ave., Bksfld 93301 1215 Truxtun Ave., Bksfld 93301 1215 Truxtun Ave., Bksfld 93301 1215 Truxtun Ave., Bksfld 93301 1215 Truxtun Ave., Bksfld 93301 1215 Truxtun Ave., Bksfld 93301

Justice Building