Lassen County Grand Jury
Lassen County Courthouse
220 South Lassen Street, Suite 6
Susanville, California 96130
June 30, 2006
The Honorable Stephen D. Bradbury
Lassen Superior Court
220 South Lassen Street, Suite 6
Susanville, California 96130
Dear Judge Bradbury,
As required by Section 933 of the California Penal Code, the 2005-2006 Lassen County Grand Jury submits this Final Report. This is the result of countless hours of reading documents, interviewing witnesses and visiting worksites by the members from the beginning of July 2005 until this date. All of us consider it an honor and privilege to have served.
From our first meeting on August 11, 2005, we developed a sense of trust and appreciation for one another which sustained us through the year and inspired us to produce the report. We believe this report to be factual and of interest to the residents of Lassen County, and hope that it will cause improvements in the city and county operations. The commendations and recommendations we gave to the departments and schools are sincere and well intended.
Our experience as Grand Jurors has led most of us to marvel at this unique institution and we appreciate your selection of us to serve. The Grand Jury serves as a lawful independent institution to enlighten the citizens to the good, mediocre and bad things which happen in their government, and should inspire government leaders to improve their operations. The camaraderie and mutual respect which the jurors developed resulted in consensus as this report developed, though one juror refused to sign the report for her own reasons. We hope that its publication will inspire other residents in Lassen County to serve on future Grand Juries.
Suzie Faulkner, the Superior Court Jury Commissioner, and her co-workers were very helpful during the year, and we could not have produced this report without their assistance. However, the Grand Jury requests that Lassen County provide a permanent ADA compliant office and basic equipment, such as a laptop computer, fax/printer/copier, a shredder, etc. for future juries. References are made throughout this report to that effect.
Thank you for your confidence in us.
Respectfully submitted,
Sheldon Merchant, Foreman
2005-2006 Lassen County Grand Jury Return to Menu
MEMBERS OF THE 2005-2006 LASSEN COUNTY GRAND JURY
Shel Merchant, Foreman *
Linda Vincent-Adams, Foreman ProTem *
M.J. Whitley, Secretary
Linda Robinette, Sergeant At Arms
Sharron Watkins, Librarian
George Affonso (resigned during term)
Teri Lynn Bejcek
Max Brewer (resigned during term)
Elgin Cannon
Charlene Cluck
Bob Ellis
Irene Haas
Carole Hack *
Frank Hall
Linda Kennedy-Tice
Wayne Maggard *
Ron Myers
Tom Taylor (resigned during term)
Andrew Wellborn (resigned during term)
*Returning members from 2004-2005
JURY MEMBERS DISCLAIMER AND SIGNATURES
The Grand Jury recognizes that a conflict of interest may arise in the course of its investigations. In such instances, the juror may ask to be recused from all aspects of an investigation. Those members may choose not to investigate, attend interviews and deliberations, or assist in the making and acceptance of a final report.
Therefore, whenever the perception of a conflict of interest exists on the part of a member of the 2005-2006 Lassen County Grand Jury, that member abstains from any investigation involving such a conflict and from voting on the acceptance or rejection of any related subject. By signing this final report, I approve it even though I may have recused myself from, or voted against, certain individual reports which were approved by the required majority.
_______________________________ _________________________________
SHEL MERCHANT, Foreman LINDA VINCENT-ADAMS
_______________________________ _______________________________
TERI LYNN BEJCEK ELGIN CANNON
_______________________________ ________________________________
CHARLENE CLUCK BOB ELLIS
_______________________________ ________________________________
IRENE HAAS CAROLE HACK
_______________________________ _________________________________
FRANK HALL LINDA KENNEDY-TICE
_______________________________ _________________________________
WAYNE MAGGARD RON MYERS
_______________________________ ________________________________
LINDA ROBINETTE SHARRON WATKINS
_______________________________
M. J. WHITLEY
DISTRIBUTION LIST
The Final Report of the 2005-2006 Lassen County Grand Jury will be distributed to the following individuals and organizations:
Lassen County:
Superior Court Judge Stephen D. Bradbury
Superior Court Judge Ridgely Lazard
Board of Supervisors (5)
Chief Administrative Officer
Treasurer/Tax Collector
County Clerk/Recorder
Assessor
County Counsel
District Attorney
Planning Commission
Director of Public Works
Community Development Director
Sheriff
Office of Emergency Services
Director of Department of Health and Human Services
Director of Family and Children Protective Services
Veterans Service Officer
Animal Shelter
Lassen County Chamber of Commerce
Westwood Chamber of Commerce
City of Susanville:
City Council (5)
City Administrative Officer
Finance Officer
City Attorney
Chief of Police
Education:
Lassen County Office of Education
Lassen Community College Board of Trustees (7)
President of Lassen Community College
Lassen Union High School District (5)
Lassen Union High School Superintendent
Corrections facilities:
California Correctional Center
High Desert State Prison
Lassen Adult Detention Facility
Other:
Janesville Town Council, Inc.
State of California Attorney General’s Office
Lassen Municipal Utility District
Lassen County Times newspaper
KSUE radio station
Susanville District Library
2005-2006 Grand Jurors
California Grand Jurors’ Association
The Lassen County Grand Jury received several complaints concerning similar and overlapping issues, for example: issues concerning the rights of grandparents and foster children, visitation of grandparents and adopted children, etc. Therefore, to eliminate the need for several reports concerning similar issues, reference is made to each county or city department that was part of the interview or inquiry.
An explanation of each complaint follows, then a referral to each report which discussed an area concerning the particular subject. Be advised that information received from complainants by the Grand Jury was not specifically discussed with any county or city department head. The Grand Jury felt, however, that all issues in the complaints received were of interest to the community and should be in the Grand Jury Final Report.
Complaints received by the Grand Jury include:
1. Lassen Municipal Utility District. See report.
2. Delivery of Irrigation Water in Baxter Creek Drainage. See report.
3. Complaint concerning mental health issues of a spouse. Refer to reports regarding the Lassen County Health and Social Services and the Office of Chief of Police.
4. Complaint concerning grandparents wishing visitation with grandchildren who were adopted by others. Refer to the report regarding Lassen County Health and Social Services.
5. Complaint concerning grandparents wishing to visit grandchildren in foster care. Refer to the report regarding Lassen County Health and Social Services.
6. Complaint from out of county prison inmate. This was not within the Grand Jury’s purview and a letter was sent to the inmate so advising.
7. Complaint from an inmate with general complaints about several institutions. This was not within the Grand Jury’s purview and a letter was sent to the inmate so advising.
8. Complaint concerning the Honey Lake Motocross Park noise monitoring. Refer to Noise Monitoring at Honey Lake Park report and report regarding Office of the Lassen County Chief Administrative Officer.
9. City of Susanville. See report.
10. Several complaints pertaining to Lassen Community College District. See report. Return to Menu
LASSEN COUNTY OFFICE OF EMERGENCY SERVICES
Reason for Inquiry: (1) Public interest. (2) Annual interview with public officials.
Background: The Lassen County Office of Emergency Services (OES) provides service in any extraordinary emergency situation associated with natural disasters, technological, man-made and war emergency operations in the Lassen Operational Area.
Inquiry Procedures: The Grand Jury interviewed Lassen County Assistant Sheriff and Emergency Services Officer, Chester G. “Chip” Jackson.
Findings: The OES is the Lassen County agency to disseminate information
and logistical functions for any emergency or disaster affecting Lassen County. The agency is responsible for policies and procedures required to protect the health and safety of the populace, public and private property, and the environment from the effects of natural and human caused technological emergencies and/or disasters.
The office is an intermediate level of county government within the “Standardized Emergency Management System” and is charged with responsibility for training and preparing related agencies for such events. The office is responsible for both field response and Emergency Center activities, including the disaster recovery process. The office reviews certain hazardous materials plans from the community. It must ensure compliance with statutory requirements.
Due to lack of funding and a tight budget, Deputy Jackson is the only paid staff member. He manages all aspects of OES. Supplemental assistance is provided by volunteer staff during emergencies. Although there are many grant funded Emergency Training Seminars available for the various agency volunteers, the number of volunteers is small. The State of California mandates that volunteer staff meet the same training requirements as paid staff members. Most volunteers are employed elsewhere, and therefore, it is not always possible for them to request and receive several days away from their paid employment positions to train for volunteer positions.
The new Homeland Security laws have created additional responsibilities for OES since 2001. Although the federal government is providing funds for equipment, it does not provide funds for staff and administration.
The State has provided an Emergency Operations Plan (EOP) which contains details about standard emergency procedures in place for each emergency agency which it updates regularly. Lassen County has not yet printed and distributed the EOP to the various local emergency agencies due to funding difficulties.
The OES has acquired additional equipment through the State funded equipment supply lists, which is currently stored in various buildings and offices. OES is currently seeking storage for this equipment because the State does not provide funding for equipment shelter.
The ambulance system for Lassen County has had many difficulties. Currently, Sierra Emergency Medical Services Alliance (SEMSA) is operating in Lassen County. The OES works closely with the ground and air ambulance employees. Deputy Jackson indicated that the possible completion of the Dyer Mountain Project will have major impacts on all Lassen County services, and may also be required by Lassen County to have is own emergency services.
Commendations:
(1) The Grand Jury commends Deputy Jackson for the task of sole management of the emergency operations for Lassen County. Regardless of severe budget constraints, continued efforts are made to improve communications among the various emergency agencies to increase the inventory of emergency equipment and supplies.
(2) Deputy Jackson is commended for obtaining available grant funding for necessary training required for volunteer and paid staff members of the various emergency agencies. The Grand Jury also commends each emergency agency volunteer for the countless hours of dedicated volunteer services to the community.
Recommendations:
(1) Lassen County should fund adequate staffing for OES.
(2) Lassen County should assure that adequate staffing and support for emergency services are provided prior to implementation of the next phase of project approval of the Dyer Mountain Project so that existing services are not adversely impacted.
(3) Lassen County should explore alternative methods in order to make the EOP available to involved agencies as soon as possible.
(4) Lassen County should provide adequate shelter for emergency services equipment.
Response Required: Yes. Lassen County Board of Supervisors. Return to Menu
LASSEN COUNTY AMBULANCE EXCLUSIVE OPERATING AREA
Reason for Investigation: (1) Public interest. (2) Annual interview with public officials. (3) Lassen County bidding procedures.
Investigative Procedures: Lassen County department heads, having possible knowledge of the bidding procedures, were interviewed. Relevant documents were reviewed.
Findings: On or about June 23, 2004, Lassen Ambulance stated in a letter to the Lassen County Board of Supervisors that it would no longer accept the designation as the 911 emergency provider. On July 13, 2004, the Lassen County Board of Supervisors initiated a Request for Proposals (RFP) for an Ambulance Exclusive Operating Area. On or about December 7, 2004, Lassen Ambulance relinquished its Certificate of Operation to the California Highway Patrol. At a December, 2004 Emergency Medical Care Committee (EMCC) meeting, South Lassen Ambulance indicated it had only one crew to cover the area from Susanville to Herlong. The Office of Emergency Services (OES) reviewed a Declaration of Local State of Emergency and EMCC asked that a Declaration of Emergency be declared. At that time emergency ambulance service was contracted with Reno Emergency Medical Services Association (REMSA) until a permanent provider was found.
Consultants were contracted to provide the minimum qualifications required for ambulance service, exclusive operating area, and an RFP. The consultants selected an Ambulance Proposal Review Committee (APRC). The APRC evaluated each ambulance service in each of four areas: credential review, operational review, fiscal review and enhancements. The office of the Lassen County Administrative Officer (CAO) was unable to locate and provide to the Grand Jury documentation requested showing criteria used by APRC for evaluating each of the four areas.
On April 11, 2005, former CAO William Bixby sent a memo to the Lassen County Board of Supervisors requesting they direct him to negotiate a contract with Sierra Emergency Medical Services Alliance (SEMSA) as recommended by the APRC.
On April 19, 2005, the Board of Supervisors voted unanimously in favor of directing the CAO negotiate a contract with SEMSA for provision of ambulance services for the county. One option was selected as the preferred option for negotiations. On August 9, 2005, the Board of Supervisors approved a contract with SEMSA as exclusive operator in the newly established exclusive operating area.
The EMCC did not meet from December, 2004 until January 31, 2006. The decision to award the ambulance contract to SEMSA appears to have been based solely on the recommendation of APRC.
Commendation: The EMCC and the Board of Supervisors are commended for taking prompt action to ensure there was adequate ambulance coverage in Lassen County.
Recommendations:
(1) The EMCC should meet at least every quarter to review compliance with the ambulance contract with SEMSA.
(2) The EMCC should meet more often as needed to review all documentation regarding contract awards and ensure county bidding procedures are followed.
Response Required: Yes. Board of Supervisors
EMCC. Return to Menu
LASSEN COUNTY HEALTH AND SOCIAL SERVICES
Reason for Inquiry: (1) Public interest. (2) Follow up from the previous 2004-2005 Grand Jury Report. (3) Annual interview with public officials. (4) Two complaints were received by the Grand Jury.
Background: Health and Social Services (H&SS) has ten departments which serve Lassen County. These include: Alcohol and Other Drug Departments, Mental Health, Community Social Services, Family and Children Protective Services Public Health, Public Guardianship/Conservatorship, Fiscal Services, Veterans Services, Quality Improvement and Patient Rights Advocate. At the present time there are 150 employees and 10 social workers.
Inquiry Procedures: The Grand Jury conducted an interview with Kevin Mannel, Deputy County Administrative Officer and Health and Social Services Director, and Danielle McGuire, Director of Family and Children Protective Services Department (FCPS). Cathy Hilts, Administrative Secretary, provided a visual presentation. The Grand Jury was also provided binders and reports containing graphics and statistics explaining services available to Lassen County residents.
Findings: A chart showing the current departments of H&SS is attached which outlines the structure of the department. H&SS works towards “finding the common threads that run throughout the departments so the systems can serve and function”. It continues to upgrade software for better tracking and monitoring systems. The annual operating budget for 2005-2006 is $24.5 million. Mr. Mannel voiced concern about the massive changes in the public health areas and nursing shortages. Nursing shortages are as high as 800,000 nationally and 120,000 in California.
The Mental Health Department serves approximately 700 patients and is continuing to look for partners such as Lassen Aurora Network, Inc. (LAN) to provide “prompt acceptable services”. LAN is a network of individuals who volunteer time to promote emotional and psychological wellness and independence for individuals. It works with existing programs and serves as part of a mutual referral system.
Services of FCPS include emergency response, voluntary family maintenance, court-ordered family maintenance, family reunification, permanency planning and Independent Living Services. As of the beginning of 2006, FCPS has reduced its case load per worker to approximately 15 to 20 clients per worker. In 2004-2005, the client/worker ratio was approximately 36 to 1.
FCPS makes it a priority for family reunification or replacement of children with qualified family members whenever possible. Please refer to the Concurrent Planning information attached. When the Concurrent Planning has run its course and adoption is
best for the child, the child’s case is turned over to the California State Adoption Service.
The Grand Jury was informed that local law enforcement has policies in place to aid officers in their evaluation of possible mental health patients under California Welfare and Institutions Code Section 5150. Please see addendums attached. Police Officers receive 24 hours of training in mental health issues while in the Academy.
When situations occur, such as patient detox and elderly dementia , which may become public and personal safety issues (not necessarily criminal), a peace officer will detain a person under Section 5150 only if he or she believes there is an immediate threat to the safety of the person detained or the safety of others. Section 5150 specifies conditions for the detention of individuals for evaluation and treatment, and requires peace officers to transport detainees to a neuropsychiatry facility. Lassen County does not have such a facility and detainees must be transported to the Sacramento area for a 72 hour evaluation and observation required by the Code. Unless the individual is behaving in such a manner that there is imminent danger of injury to the subject or others, the person cannot be detained without the concurrence of psychiatric staff at the scene.
The Grand Jury found that H&SS continues to go through many changes. However, the lack of stability that previous Grand Juries have reported on has greatly improved. Staff turnover continues to be a problem, however, due to budget concerns and difficulties attracting qualified employees to Lassen County.
The issues described in the complaints the Grand Jury received have been remedied from a departmental perspective. It appears to the Grand Jury that the rules and procedures were followed properly according to the programs in place. One of the two complaints received described an event which happened fourteen years ago and the other requested a remedy which was prohibited by law. The Grand Jury recognizes that this does not bring relief to those families who miss their loved ones.
Commendation: The Grand Jury commends the staff of H&SS for making difficult changes and working hard to develop ways to “improve communication and seamless service delivery to customers”.
Recommendation: The H&SS Department should continue to recruit staff on a continuing basis and establish an open and ongoing recruitment list.
Response Required: None Return to Menu
OFFICE OF LASSEN COUNTY TREASURER/TAX COLLECTOR
Reason for Inquiry: (1) Public interest. (2) Annual interview with public officials.
Inquiry Procedure: The Grand Jury interviewed Richard Egan, Treasurer/Tax Collector.
Background: The Treasurer/Tax Collector is an elected officer responsible for all accounting for Lassen County, including tax collection and all investment activities. There are three divisions in the office with seven allocated positions.
Findings: Mr. Egan discussed several issues with the Grand Jury including the three divisions of his office (tax collection having the most manpower). Mr. Egan also provided a copy of the June 21, 2005 Lassen County Investment Policy which is attached.
(1) The tax collection division collects various fees and court fines. The types of taxes include secured, supplemental, transient occupancy, as well as Special District assessments. Interim taxes are derived from the assessment by the County Assessor’s Office. Unsecured taxes are levied on personal property such as boats, mobile RVs, jet skies, equipment and government permits for grazing. Unsecured taxes also include transient hotel and motel taxes. The county collection program has approximately a 97.6% success rate for delinquent collection rate which is very high. Mr. Egan implemented a comprehensive collection program, which includes internet sales for delinquent property.
The county gets 19% of net secured and unsecured taxes collected and the State of California gets 81%. Property tax collections have been higher since 2003 because property values have increased by 10% to 20%. Because Proposition 13 is still in effect, property values are limited to a 2% increase per year.
(2) Mr. Egan is the investment officer for county funds, and the county portfolio is managed pursuant to the “Prudent Investor Standard” as defined in the California Government Code Section 1700.2 and Section 53600.2. An attorney review and a treasury oversight committee, appointed by the Board of supervisors, oversee the investment policy guidelines. One-half of Lassen County’s investment portfolio is Federal Agency Coupon securities, which are invested for as long as give years.
(3) The office also collects non-tax related county and court ordered fees as well as fees from smaller districts with in the county. Taxpayers are able to challenge assessments and penalties by contacting the Treasurer/Tax Collector’s office. Tax information can be obtained and taxes can be paid through the County website.
The Dyer Mountain Development Project was discussed at length. The area proposed for the development project was owned by Roseburg Industries (Roseburg).
The area was in a Timber Protection Zone (TPZ). A TPZ is similar to the Williamson Act, which allows property to be assessed as agricultural land, and the State of California reimburses Lassen County for uncollected tax revenue. In order for Dyer Mountain Associates to develop the property, the zoning had to be changed to a developmental zone and the value reassessed. When Roseburg applied to get the TPZ classification removed, the Board of Supervisors agreed. Roseburg owed deferred interest and penalties of approximately $150,000. The Board of supervisors negotiated a 10% penalty for interest only and Roseburg paid $165,000 to relinquish the TPZ classification.
Reassessment of the property will increase the tax base by approximately
$22 million if the development occurs as planned. Mr. Egan indicated that a special district may be needed for items such as development services, employment, city issues, bonds and taxes.
Commendation: Mr. Egan has implemented many effective procedures, such as on-line payment of taxes, which enable a higher collection rate and streamlines office operations.
Recommendation: It is recommended that Lassen County assure that adequate staffing and support for emergency services is provided prior to implementation of the next phase of project approval of the Dyer Mountain Project so that existing services are not adversely affected.
Response Required: None. Return to Menu
OFFICE OF THE LASSEN COUNTY CHIEF ADMINISTRATIVE OFFICER
Reason for Inquiry: (1) Public interest. (2) Annual interview with public officials. (3) Issues concerning developer fees and reimbursement to the County.
(4) Refer to the Ambulance Exclusive Operating Area report. (5) Refer to the Honey Lake Motocross Park report.
Background: John Ketleson is the Chief Administrative Officer (CAO). He acts as agent for the Lassen County Board of Supervisors and is responsible for various county departments.
Inquiry Procedure: The Grand Jury interviewed John Ketleson. He has been in the CAO position since July 1, 2005, and was Lassen County Counsel for three years prior to becoming CAO.
Findings: Various subjects discussed included: (1) matters contained in complaints received by the Grand Jury, (2) issues concerning bidding procedures and reimbursement of developer fees and, (3) Dyer Mountain Development Project.
When questioned by the Grand Jury as to what appears to be non-uniform assessment of developer fees, Mr. Ketleson responded that the Board of Supervisors is reluctant to impose and collect developer fees. The Board would rather rely on increased property taxes collected from home and business developments.
Dyer Mountain Associates (DMA) is a Limited Liability Corporation. In the past, issues have arisen concerning entitlements, permits and applications in anticipation of construction. The current Environmental Impact Report (EIR) prepared by Lassen County covers only broad aspects of the project, not particular details of the development. Issues not fully disclosed or fully analyzed in the Draft EIR include, (1) highway traffic, (2) wildlife and domestic animal studies and, (3) site-specific environmental impacts for fish and wildlife habitat. An amended EIR would be required to address these issues prior to each phase of development.
DMA deposited $400,000 for costs Lassen County incurred for studies performed by county consultants and staff, which has been depleted. There is presently no bonding or other mechanism in place to insure recovery of county funds should the development fail. DMA had proposed financing by Lassen County, perhaps by a Mello Roos District. Mr. Ketleson has recommended the county not take such action.
There is an issue concerning noise monitoring costs, pursuant to the Noise Element of the General Plan, associated with the Honey Lake Motocross Park (HLMP), Milford, California. Mr. Ketleson indicated the county should proceed for reimbursement in the Superior Court action which ordered HLMP to pay for the study. Bidding for improvement projects within the county was addressed, including bids for ambulance service and bids for a new well for the Janesville Park. A Request for Bids for the Janesville Park well has been completed. The bidding process for ambulance service was performed by a consulting firm and the CAO did not participate in it.
Recommendations:
(1) The Memorandum of Understanding entered into between DMA and Lassen County provides for the county to be paid funds or a deposit prior to further county studies being done. DMA should deposit additional funds, rather than Lassen County advancing funds for services.
(2) Lassen County should enforce independent noise monitoring of HLMP at the sole expense of the proponents/owners and enforce collection of county funds owed.
(3) Although the county may acquire additional property taxes from new development, it should address the infrastructure costs incurred by the county. Reimbursement should be sought whenever possible.
(4) The procedure for bids and projects and businesses within Lassen County should be monitored more carefully in order to ensure the most qualified participant is selected.
(5) Lassen County should assure that adequate staffing and support for emergency services are provided prior to implementation of the next phase of project approval of the Dyer Mountain Project so existing services are not adversely affected.
Response Required: Yes. CAO
Board of Supervisors. Return to Menu
Reason for Inquiry: Public interest.
Background: The Janesville Town Council, Inc. (Council), a 501(c) (3) non-profit corporation was formed to (1) act as an advisory committee to the Lassen County Supervisors to promote the Janesville Community Action Plan and (2) to initiate and/or support its own community programs, organize activities for youth, and perform related services.
Investigative Procedures: Obtain documents and attend meetings.
Findings: The officers are elected, but according to their by-laws, it is uncertain as to whether they are elected by the general membership. Membership is open to any individual who has attended at least two complete meetings and has requested membership. Residence is not a requirement for membership. Meeting notices are not regularly made available to the public.
The Council obtains grant money and determines how it will be spent. The Council is not publicly elected. The Council is controlled by the Board of Directors (Board), a small group of individuals who are elected by the Board members.
At one meeting, attended by Grand Jury members, the Council president stated that the Council was pleased with the large turnout, however, the Board refused to listen to what the majority of the people in attendance had to say regarding moving the Honey Lake Valley Riders’ (HLVR) arena. Speakers were not treated respectfully during the meeting if what they were saying was not in agreement with the Council. It was clear that nothing that was said at that meeting would have any effect on how the Council voted.
The Janesville Park is owned by Lassen County and is under the control of the Board of Supervisors. Before planned negotiations with HLVR occurred, Supervisor Lloyd Keefer took the plan for park improvements from the Council to the Board of Supervisors.
At a recent meeting, the Council presented the membership with proposed changes to existing by-laws. The proposed new by-law changes included the following statements: (1) “voting on motions and issues is limited to the elected members of the Board of Directors” and (2) “discussion of issues, however, is encouraged and open to all members and guests as recognized by the president”.
Commendations: The Council is to be commended for their efforts towards fire safety in the Janesville area. For example, continuing the fuel break across the Janesville Grade and obtaining a “grass grant” to work on eliminating the “white top” weeds in and around the Janesville area.
Recommendations:
(1) The Council should be open to suggestions by the residents of the Janesville area. Residents who attend the Council meeting should be treated with respect and have their requests honestly considered. Residents who become members should have voting rights. Meetings should be advertised and scheduled during the week at the same place and time to make it easier for interested residents to attend.
(2) The Grand Jury is concerned that the Council purports to speak for the residents of the Janesville area without legal accountability.
(3) The Lassen County Board of Supervisors should clearly define the relationship that exists between the Council and the Board of Supervisors.
Response Required: Yes: Janesville Town Council, Inc.
Lassen County Board of Supervisors Return to Menu
Lassen County Adult Detention Facility
Reason for investigation:
Penal Code Section 919 (B) mandates that the Grand Jury “inquire into the conditions and management of all detention facilities within their county.”
Background:
The Lassen County Adult Detention Facility (ADF) opened in 1991 and is one of the first in the state to combine under one roof, California Department of Corrections and Rehabilitation (CDCR) and county inmates. It has a yearly budget of $6 million and employs about 60, including 35 correctional officers, seven supervisors, one correctional counselor and two managers.
The state side has 164 beds (145 average population). CDCR inmates are classified as level one security and cannot include any violent, sex offenders, or gang members. The state pays $18,000 per year per inmate under a 20-year contract with options for renewal. One full-time correctional counselor is assigned to the facility. The county side of the ADF has 145 beds (80 average population), including 20 beds that can be used for female prisoners. The population includes detainees awaiting trial as well as sentenced inmates. The facility has a mixture of cells and dormitory housing. It also includes temporary holding cells and detox cells, which are also used by other county agencies.
The 2005-2006 Lassen County Grand Jury toured the ADF on September 15, 2005.
Findings:
Overall assessment:
The ADF provides a multitude of services to the local and state criminal justice system. The Grand Jury’s visit followed an inspection by the Corrections Standards Authority, which determined the facility was in compliance with all regulations and standards. Jurors conducted their own review of the physical plan, budget, inmate treatment and staffing, and found the facility to be exceptionally clean and orderly. The staff was alert and positive, and inmates appeared to be properly treated. The mail procedures were explained and appeared to be appropriate. The visitation and exercise areas were observed and appeared to be adequate.
Staffing:
Recruitment and retention of 60 employees is a problem. It was noted that correctional officers at other area institutions (state and federal) are at a higher pay scale than county employees, which creates problems in keeping staff.
Facility:
The ADF is monitored by state and local agencies. Staff verified that the facility had passed all required inspections, including environmental health, fire, medical and mental health, and nutrition. Operations and procedures were reviewed by the State Board of Corrections and audited by the CDCR. A life-scan machine is used for background checks of teachers, day care workers and others needing fingerprinting services.
On the day of the Jury’s visit, female prisoners were housed in a dormitory arrangement with windows covered, which many jurors believed compromised security.
Programs:
Numerous educational programs are provided, including academic and personal adjustment opportunities (such as parenting, anger management, etc). Courses are also offered through the Corrections Learning Network and Lassen Community College. Inmates can also obtain their GED and get pre-parole guidance.
A computer lab is available for letter writing, resumes, legal issues and homework. The library has about 8,000 books and offers a computerized Law Library. All computers have restricted access and are not connected to the Internet.
Commendations:
The ADF should be commended for its dedicated, positive staff that maintains a well-operated and clean facility.
Recommendations:
1) Staffing issues, both recruitment and retention of employees, need to be addressed in terms of adequate pay.
2) The Sheriff’s Department should explore a better way to provide a separate and secure facility for female prisoners.
Response Required: None Return to Menu
California Correctional Center
Reason for Investigation:
Penal Code Section 919 (B) mandates that the Grand Jury “inquire into the conditions and management of all detention facilities within the county.”
One complaint was received from a former inmate.
Background:
Opened in 1963, the California Correctional Center’s (CCC) primary mission is to receive, house and train minimum custody inmates for placement into Northern California conservation camps. It currently maintains 21 camps, which are located throughout Northern California, to work with the California Department of Forestry and Fire Protection in fire-suppression activities. The secondary mission is to provide meaningful work assignments for support of the institution and educational and training opportunities for inmates, including those who do not qualify for the camp program. A multi-level educational program provides students with courses leading to a General Education Degree (GED), vocational training, or a high school diploma. College classes are also offered that can lead to a college degree.
Lassen Unit was opened in 1987 and houses level three (medium custody) inmates in a cell configuration. It has an electric fence for security.
Investigation Procedures:
The 2005-2006 Lassen County Grand Jury toured the California Correctional Center on March 16, 2006.
Findings:
Overall assessment:
The CCC appears to be a well-run institution with new programs and educational opportunities for inmates. Staffing shortages and water discharge were issues that are being addressed. The California Correctional Center opened in 1963 and covers a total of 1,100 acres.
As of fiscal year 2005/2006, the following statistics apply:
Number of custody staff: 783
Number of non-custody staff: 338
Number of medical staff: 63
Total number of staff: 1,184
Annual operating budget: $126 million
Designated Bed Space and Count
Facility Level Design Capacity Count
I 886 1561
II 608 1,440
III 500 1,097
Camps 1,708 2,103
Total 3,682 6,201
Staffing:
A state wide shortage of correctional officers has created a problem for all prisons under the CDCR. Officers have been called upon to do overtime. CCC is about 50 officers short with an additional 20 officers on extended sick leave. The institution should get about 20 new graduates in the near future. In addition, CDC and High Desert State Prison (HDSP) are developing a local Academy to assist the two institutions in getting new officers. The academy, the first of its kind outside of the state training facility in Galt, is scheduled for May at High Desert State Prison. About 100 individuals passed the first testing phase. Cadets will graduate this fall and be assigned to either of the two local prisons. Having the academy in Susanville will prevent students from having to stay away from home or the training. It also gives local residents an opportunity to train and go to work in Susanville.
Facility:
CCC is under an order from the Lahontan Water Control Agency to bring down its water output. The prison goes through about 1.4 million gallons of water a month. Conservation methods, including time-restricted showers, low flow valves and toilets, have been installed. Additional efforts include plans to expand the alfalfa fields as part of a joint venture with a local cattle ranch to use more waste water.
Medical Services:
The prison’s medical unit has clinics in Lassen Unit and in the Main Unit, which are staffed with five doctors, three nursing supervisors and ten nurses. The statewide shortage of nurses has been a problem for the institution, which hires nurses off a registry to fill needed vacancies. For the firs time in a long while, the institution has the ten nursing positions filled. In addition, the institution has 19 medical technical assistants (MTA’s), which combines the position of a licensed vocational nurse with custody classification. Ten of these positions are currently filled. A contract or part-time employee holds the remainder. One nurse practitioner is also on staff. No psychiatrist is currently on staff, but there is a psychologist. Telemedicine is frequently used for specialized treatment.
A dental chief oversees five dentists as well as dental assistants. The staffing requirements are expected to increase with new regulations stemming from a recent court decision. Administration believes the staffing may need to double.
Medical staff appears to give quality care to the inmates. Staff said the inmates are an aging population with the same illnesses and diseases that are found in the rest of society, such as cancer, hypertension and diabetes. Dentists are seeing many cases that are the result of prolonged drug use. Overcrowding creates an additional workload for medical staff.
As of June 30, 2005, inmates or staff cannot possess tobacco products on the institution grounds.
Fire Camps:
Fire prevention/suppression crews are housed in a total of 21 camps throughout Northern California, including the most recent additions in Nevada City and Santa Cruz. The crews work with the California Department of Forestry and Fire Protection and account for a major portion of the state’s firefighting manpower. The Grand Jury toured Antelope Camp where new permanent buildings have replaced the mobile homes, which housed the staff and inmates for over 20 years. The inmates receive physical fitness training and fire suppression training. The new dormitory unit was clean and well organized.
Emergency Service:
CCC maintains fire and medical emergency equipment and staff. All inspections were up-to-date. CCC provides fire and emergency service mutual aid to Lassen County, especially in the area from Ravendale to Leavitt Lake. Mutual aid calls on average two to three times a week and usually involves traffic accidents. CCC has just received its third ambulance.
Inmate Programs:
Governor Schwarzenegger
Food Services:
Meals are prepared from a standardized menu with specialized diets available for religious reasons. A designated area of the kitchen is being developed for proper preparation of Kosher meals as a department requirement. The food preparation area was clean, organized and appeared sanitary.
Community Efforts:
A Citizen’s Advisory Committee (CAC), a 12 member panel, promotes communications between the two prisons and community. The CAC meets every two months with the wardens and staffs to receive updates on prison operations and to hear community concerns. The CAC has been meeting as required.
Commendations:
1) The efforts by CCC Warden Kathy Prosper, in conjunction with HDSP Warden (a) Tom Felker, to provide a training academy in Susanville is commendable.
2) CCC is commended for supporting the “rehabilitation” in the CDCR through its fire camps, increases in self-help programs, educational opportunities and “Bridging Program”.
3) The aging facility appeared to be clean and well maintained.
Recommendations:
CCC should continue to monitor water usage and explore more ways to handle waste water discharge
Response Required: None Return to Menu
High Desert State Prison
Reason for Investigation:
Penal Code Section 919 (B) mandates that the Grand Jury “inquire into the conditions and management of all detention facilities within the county.”
Two inmates forwarded complaints to the Grand Jury from High Desert State Prison (HDSP).
Background:
HDSP opened in 1995 and is located on 325 acres. The primary mission of HDSP is to provide for the confinement of high security (Level IV) and high – medium security (Level III) inmates. There is a 200 bed minimum security facility (MSF) and a 200 bed reception center (RC) that processes inmates who are remanded into the care of the Department of Corrections and Rehabilitation from Northern California counties.
A large number of the prison population is comprised of younger inmates who are serving long sentences, and many have proven to be management problems. HDSP provides educational programs and work assignment for inmates. There is a Correctional Treatment Center (CTC) to provide for the health care needs, and the prison is designed to house inmates with disabilities.
The 2005-2006 Lassen County Grand Jury toured HDSP on October 20, 2005.
Findings:
Overall assessment:
High Desert State Prison seems to be a well-run institution. It appears secure and well maintained. A pilot program, known as the Behavior Management Unit, has been instituted. Staffing shortages and overcrowding continue to be problems.
As of fiscal year 2005/2006, the following statistics apply:
Number of custody staff: 898
Number of support services staff: 400
Total number of staff: 1298
Annual operating budget: $143,080,104
Designated Bed Space and Count
Facility Level Design Capacity Count
I 200 367
III 300 645
IV 1516 2606
Reception Center 200 648
Ad-Seg 228 342
Total 2,400 4,608
Staffing:
The Jury was told there is a statewide shortage of correctional officers. HDSP received some relief with the arrival of 83 new officers in 2005. The two prisons have developed a local academy to train correctional officers. The Academy, the first of its kind outside of the state training facility in Galt, opened in May 2006. The cadets take classes at HDSP in educational classrooms left empty when the vocational education courses ended. They will graduate in October and most will be assigned to either HDSP or CCC.
Facility:
The reception center (RC) is for inmates from Northern California counties. The inmates going through RC has increased, as had the inmate population throughout the state. The gymnasiums are used as housing units.
Facility Z, a new Administrative Segregation Unit, activated in September 2004, is designed for 100 inmates. Four cells are designed for inmates with disabilities. Since activation, the unit has been at 150 percent capacity. Inmates exercise individually in 20 small yards.
Medical Services:
A 32-bed licensed Correctional Treatment Center (CTC) provides “sub-acute” medical, dental, and mental health services. The CTC has a fully equipped and staffed Emergency Room for treatment and stabilization of patients prior to transfer to local hospitals. The institution provides routine medical services via Health Clinics, located on each of its five units. Staffing includes a physician, dentist and registered nurse (five days per week) and a Medical Technical Assistant {LVN}(seven days per week, 16 hours per day). Inmates are medically screened when received by RC.
The Correctional Clinical Case Management System (CCCMS) provides mental health care. Inmates under care are centralized in designated housing units. HDSP has a problem recruiting medical staff. Currently it has a shortage of doctors and no psychiatrist. Temporary medical staff is obtained from a contract registry when needed to fill vacancies until permanent employees can be hired. California prisons are now under Federal Court ordered receivership and changes are expected.
Programs:
A Behavior Management Unit is a new pilot program at HDSP where inmates are segregated and have to earn their way back into regular activities. The idea is to isolate troublemakers instead of locking down prison units. Inmates with disciplinary action, including gang activity, are placed in the unit. Officials believe the program is effective.
As of June 30, 2005, a change in CDRC policy prohibits the possession of tobacco by staff or inmates.
Education:
The education department provides work training assignments for eligible inmates. The inmates may receive academic or vocational education depending on the inmates’ security status and Test of Adult Basic Education (TABE) scores. Academic education includes classes in literacy training, Adult Basic Education, re-entry, and English as a second language. A Bridging Program (life skills), and a GED Program are also offered. A high school diploma program began in December 2004. Since February 2005, Lassen Community College offered college courses to qualifying inmates who can earn an Associates Degree. 50 inmates are currently enrolled in the program. The correspondence classes are funded through the college’s Extended Opportunity Programs and Services (EOP&S), including tuition and books. The program is in its pilot stages and is limited to inmates housed in Facility B, but may be extended to other units in the future. Twenty-one of the students were on the Dean’s List with a grade point average of 3.5 or better. Inmates are also taking individualized correspondence courses with other colleges. All vocational programs at HDSP were eliminated due to budget cuts and a reorganization of priorities. Some programs are being reinstated.
Food Services:
HDSP has one large kitchen, 13 satellite kitchens, 14 dining rooms and an employee snack bar. Over 500 inmates are employed in the kitchens. Food is prepared three days in advance, flash frozen and reheated before serving. A state dietician reviews the menu three months in advance. Medical and special diets are considered as well as religious dietary restrictions. The food preparation area was clean, organized and appeared sanitary.
Community Efforts:
A Citizen’s Advisory Committee (CAC), a 12 member panel, promotes communications between both prisons and community. The CAC meets every two months with the wardens and staff to receive updates on prison operations and to hear community concerns. The CAC has been meeting as required.
Commendations:
1) The efforts by HDSP Warden (A) Tom Felker, in conjunction with CCC Warden Kathy Prosper, to provide a training academy in Susanville is commendable.
2) The implementation of the Behavior Management Unit is commendable because it provides a new method of dealing with trouble inmates.
Recommendations: None Return to Menu
LASSEN UNION HIGH SCHOOL
Reason for Inquiry: Public interest.
Background: Lassen Union High School (LHS) is located on Main Street in Susanville, California and has approximately 1,079 students. The superintendent is Dan Lewis.
Inquiry Procedure: In May, 2006, the Grand Jury was given a tour of LHS by Superintendent Dan Lewis, and Brett Mitchell who was the Supervisor of Construction Projects.
Findings: The tour was the first visit for the Grand Jury since LHS completed modernization in the fall of 2005. The old English building was demolished and replaced by a modern 40,000 square foot building. The other buildings and a small gym were also renovated and modernized, and new computer labs were added.
The new 700 building contains science labs, a large performing arts classroom and an acoustically designed band room, a large library and an art and ceramics workshop. The cafeteria was remodeled and enlarged.
The Lassen High School District attempted twice to get the voters to approve local funding for the modernization. Both ballot measures received a majority vote but not the two-thirds necessary for passage. The Board of Trustees applied to the California Department of Education as a “Financial Hardship District” because the legislature had provided funds at that time. Lassen Union High School District was one of the last districts to benefit from this program. A state grant of $25 million paid for the construction and modernization of LHS.
The Grand Jury observed new geothermal lines were installed inside steps and sidewalks with heating and ice melting capabilities. A new cooling system was installed for greater temperature control. The grant also paid for dual pane windows and wall insulation. This resulted in substantial savings for heating and cooling costs. Additional surveillance cameras were installed throughout the campus.
The new computer labs are fitted with state of the art equipment throughout the high school, including a special computer network room. Each computer is protected with age-appropriate security filters. Specific policies and procedures have also been adopted for on-line classes. The high school has earned good grades from A through B in computer technology from The State Office of Education.
LHS anticipates opening a new career center in the fall of 2006 enabling each ninth grade student to complete a three week program of job/career evaluation and training. Plans for 2006 include continuing Diamond Mountain Charter School as an option for high school students, and plans include expansion and remodeling the gym foyer. New facilities for indoor physical education activities, including a wrestling room, may also be acquired.
Each classroom has a large sign which outlines “Expected Learning Results”. The “Expected Student Learning results” are: LHS students would (1) learn to manage resources, (2) become effective communicators, (3) be responsible citizens, (4) become technologically proficient, (5) acquire proficiencies in reading, writing and math, (6) become critical thinkers, and (7) be able to evaluate and solve problems. With high educational and behavior expectations posted throughout the school, it is easy to understand why this high school recently earned two California Distinguished School Awards: one award was for the academic program and the other was for Lassen Technical Institute (LTI). The LTI provides vocational students with academic and technical classes to enhance their career choices.
Commendations:
(1) The members of the Grand Jury who toured LHS were impressed with the forethought in planning that had been done. The expectation of excellence for both present and future students was obvious.
(2) The mood at LHS was positive and enthusiastic.
Recommendation: None. Return to Menu
OFFICE OF THE CHIEF OF POLICE, CITY OF SUSANVILLE
Reason for Inquiry: (1) Public interest. (2) Annual interview with public officials. (3) Complaint received by the Grand Jury.
Inquiry Procedure: In March, 2006, the Grand Jury interviewed Mr. Chris Gallagher, Chief of Police for the City of Susanville.
Findings: Many issues were discussed including traffic, alcohol use, fines, gangs, burglary and other crimes. There are eighteen sworn peace officers and two non-sworn positions. An office employee records and tracks traffic tickets and handles subpoenas requested for service. The department has two detectives and two patrol officers per shift. The general fund provides 90% of the department’s revenue and the department receives 80% of parking ticket revenue.
According to Chief Gallagher, the department needs a traffic control officer. Traffic accidents are very high for the size of Susanville. Radar signs are in various locations, although many drivers ignore them. There is a possibility an officer may be acquired through a grant. There were 75 alcohol related tickets in a three month period. There were 600 arrests in 2005: 115 being DUI arrests and 168 drunk in public arrests.
Chief Gallagher indicated there are no organized gangs in Susanville, although there are “wanna be” gang activities. He believes the Department has nipped the gang problem in the bud through aggressive action. The public “ride along” program is not in effect at this time. The main priorities of the department include law enforcement, fire and public safety. Chief Gallagher praised his officers because crime statistics have dropped. Recruiting officers, however, continues to be difficult and many leave the department to work elsewhere.
The main department building is continuing to be remodeled. The exterior walls no longer have glass and the lobby pass-through glass is bullet proof. The walls have been made bullet proof through the use of old unusable Kevlar vests. The property room was upgraded and turned into an office. Most of the seized property has been disposed of and, because it is not legal to sell guns that are seized by Police, firearms are destroyed.