Monday, October 22, 2012

Former Yolo County probation chief accused of 'ethical conflict of interest'

By DON FRANCES/dfrances@dailydemocrat.com
Posted: 10/19/2012 12:34:20 AM PDT

A grand jury report released Thursday has county leaders calling for an audit of the Yolo County Probation Department's payroll and contracting procedures.

The report, titled "A Troubling Contract, Questionable Ethics," details an unusual relationship between former county Probation Chief Marjorie Rist and the CEO of a company Rist hired to train her officers.

That company, Utah-based Assessments.com, teaches probation officers techniques for assessing the risk of repeat offenders, among other services. It is headed up by Sean Hosman, a consultant described as an "innovator" in the field of risk assessment -- but who turned out to be a repeat offender himself when it comes to drug and alcohol abuse.

Records show that Rist proposed the county enter into a $350,000 contract with Assessments.com on May 11, 2010. On that day, the county Board of Supervisors approved the contract to "enable the probation department to implement and enhance the use of evidence-based, validated risk/needs assessment instruments for its client population."

The contract was not controversial at the time it was awarded. Assessments.com, which had contracts with more than half of the counties in California, was one of the only firms providing those services, according to a county news release.

But the Yolo County Grand Jury report states that Rist's relationship with Hosman "made it difficult for the manager to be impartial in the administration of the (Assessments.com) contract and created, at a minimum, an ethical conflict of interest."

That was deemed particularly true since Rist "was the sole receiver of invoices and had sole approval of payment," the report states.

In the summer of 2011, Rist and Hosman were "in near daily contact," the report states, with Rist "trying to get (Hosman) into a rehabilitation facility." The consultant has been arrested multiple times for cocaine possession, driving under the influence and other offenses, according to the grand jury and police reports.

A few weeks earlier, in April 2011, the two were driving in Sacramento when Hosman was pulled over and arrested for driving under the influence, according to the report.

Rist, "who was also under the influence of alcohol and unable to drive, was directed by law enforcement to sleep in the car," the report states.

The next day she picked up Hosman from jail and drove him to the airport, the report says.

Meanwhile, Hosman's performance before Yolo County Probation Department officers was questionable.

He "often arrived late, lacked focus, and appeared jittery and edgy," according to the report.

On one occasion, Hosman "arrived very late to one session and was bruised, beat up, and smelled of alcohol." On another, he "became verbally abusive to Yolo staff," the report states.

At no time did Rist disclose anything about Hosman's drug and alcohol use to Yolo County officials, the report states.

Attempts to contact both Rist and Hosman were not successful.

It was around the time that investigations began into Hosman and his relationship with Rist that the probation chief stepped down.

In late June of this year she announced her resignation "to pursue consulting opportunities as a subject matter expert in the criminal justice arena and to continue with her education," a county news release states. Her resignation became effective July 27, ending a three-year tenure as probation chief.

Marlon Yarber, who Rist hired to be assistant probation chief, was named interim chief until a permanent replacement could be found.

Yarber said he welcomes audits to guarantee that proper practices are followed when it comes to payroll and procurement.

Rist "was brilliant in many ways. Very much high-energy, really focused on trying to move the department forward," he said. "In hindsight, the challenge then is ensuring you're dotting your i's and crossing your t's and bringing everybody along on a pace they can handle as well."

Yarber also said the methods taught by Assessments.com were useful.

"His training essentially entailed the use of the automated tools that we used to risk-assess all of our clients," he said.

This included assessing antisocial behaviors and other factors in order to draw good conclusions about offenders in custody.

An entry on LinkedIn says that Assessments.com, based in Utah, has between 11 and 50 employees and "is one of the nation's leading providers of software and other services to help state and county probation agencies more effectively and efficiently manage their day-to-day activities."

Yarber said he didn't know why Hosman personally conducted training sessions in Yolo County, as opposed to one of his employees, but that "I know he did much of the training himself."

He said the last of the probation department's contracts with Assessments.com is winding down at the end of this year. By then the Board of Supervisors is expected to hire a permanent probation chief.

http://www.dailydemocrat.com/news/ci_21808422/former-yolo-county-probation-chief-accused-ethical-conflict

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