Grand Jury Report: Yolo County DESS

On June 30, the 2009-10 Yolo County Grand Jury released its Final Report. The "Report for the Citizens of Yolo County, California," included the results of an investigation of the Yolo County Department of Employment and Social Services.

Here are excerpts from that report (pages 16 - 19) that can be accessed at WoodlandRecordTV.com:

Summary: The Grand Jury investigated the Department of Employment and Social Services in response to a complaint alleging mismanagement, favoritism, and fraud. The Grand Jury received witness testimony and reviewed documentation. The Grand Jury found questionable practices with regard to timekeeping, pay for non-work related activities, lay-off and promotion, employee evaluations, and pursuing client fraud.

Specific allegations included: (1) misrepresenting vacation and sick leave charges on time sheets, (2) using employee time for non-work related activities, and (3) reporting time spent checking e-mails by cellular phone or remote computers as time worked, despite the suspension of the telecommuting policy. The complaint also alleged that the county fails to pursue fraudulent claims by clients when the amount is less than $5,000.


What the jury determined:

• Misuse of Time Keeping – In reviewing calendars and e-mails, the Grand Jury found that DESS management kept incomplete records regarding employee absences. During its investigation, the Grand Jury was informed that the county is installing a new electronic time keeping system that will be in place by the end of 2010.
• Non-Work Related Activities – All interviewees noted that their paid time was used for non-work activities (e.g., long lunch hours and time off for shopping). This time was allowed as a morale booster. Eight interviewees claimed that it was the ELT and supervisors who regularly took two-hour lunches or three to four-hour shopping trips during work hours. Other employees were not allowed to do this.
• Telecommuting and Out-of-Office Work – The Grand Jury found evidence that some managers inappropriately claimed to be telecommuting in violation of the department’s written policy.
• Favoritism – The Grand Jury received testimony that older, more experienced employees have been selected for layoff rather than less experienced employees. Reportedly there is a lack of cooperation among co-workers, clients, and cooperating agency workers. Testimony regarding other forms of favoritism included unequal distribution of extra workload or clients, without explanation.
• Performance Evaluations – Some employees have not had annual performance evaluations for several years. Staff members, who were interviewed, saw the lack of performance evaluations as a way to reduce their ability to gauge if their work performance meets the job requirements and as a way to reduce their ability to protest what appear to be arbitrary and capacious decisions regarding layoffs, employee transfers, demotions, or promotions.
• Fraud Less than $5,000 – DESS has a Memorandum of Understanding with the District Attorney’s office regarding, among other things, fraud investigations. The current MOU does not mention a dollar amount threshold for fraud investigations. There appears to be an unwritten agreement of not pursuing cases of potential fraud of less than $5,000.

Pursuant to California Penal Code Sections 933(c) and 933.05, the Yolo County Grand Jury requests a response as follows:

• From the following governing bodies: Yolo County Administrative Officer (Findings F-1, F-4 through F-8; Recommendation 10-09, Recommendations 10-12 through 10-15); Yolo County Department of Human Resources (Findings F-1, F-4 through F-8; Recommendations 10-12 through 10-15); Yolo County Auditor (Findings F-2 and F-5; Recommendation 10-12)
• From the following individual: Director, Department of Employment and Social Services (Findings F-6 through F-10; Recommendations 10-11, 10-12, 10-14 and 10-15)

The 2009/2010 Yolo County Grand Jury was: Barbara A. Sommer, Foreperson, Davis; Maple Avery, West Sacramento; Omar (Sonny) L. Dodds, Woodland; Marie Kearney, Dunnigan; Earl M. Kynard, Woodland; Erich W. Linse, Jr., Dunnigan; Mike Maucieri, West Sacramento; Stanley Moorhead, Woodland; Linda Nelson, Davis; Shirley Stefano, Woodland; Kathleen Jean Stock, Woodland; Laura Melissa Turben, Woodland; Barbara Turpin, West Sacramento; Nancy Ullrey, Woodland; Enid Williams, Woodland; and Enas H. Wilson, Woodland.

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