(Lake) Grand jury report critical of D.A.'s program, overcrowded jail

By Rich Mellott, Record-Bee -

The Alternative to Community Service Program (ACSP) run by the district attorney's office should be turned over to a citizen's group or other independent panel because it puts the office and the county at risk for "an illusion of impropriety," according to the Lake County Civil Grand Jury's 2012-2013 report.

The ACSP allows misdemeanor offenders who don't live in Lake County to contribute to a nonprofit agency within the county in lieu of hours, with the district attorney's office determining the amount of the contribution as well as the recipient.

While recognizing that the program is "beneficial" to the county and that the district attorney's office "does not process the monies" for the ACSP, the grand jury voiced concern "that the arbitrariness and lack of transparency of not only who receives the monies, but how much each defendant pays, puts the county and DA's office at risk for the illusion of impropriety."

To reduce that risk, the grand jury recommends that a citizen's group be established to provide "checks and balances, including reviewing assessment, collection and distribution" of the contributions, or that "a three-to-five independent member panel be formed to determine eligibility and selection of the intended recipients."

In a 225-page report completed June 30, the grand jury also recommends that the board of supervisors address the overcrowded conditions at the county jail, which "jeopardize medical staff's ability to address mental and medical health issues;" that the county expedite the updating of building codes and increase funding for code enforcement; and that the Lake County Local Agency Formation Commission (LAFCo) prepare a feasibility study on the annexation of the county's independent water districts, which the grand jury concludes are riddled with duplicate administrative costs.

The report also advises the board of supervisors to research the feasibility of acquiring private water systems in the county.

The grand jury, based on its authority to provide "oversight" of the county's special districts, chose to look at the water districts this year "due to the topical nature of their service and the high level of interest generated in the county by local efforts to address concerns related to lake water quality and the growing costs of providing drinking water to county residents."

In its report, the grand jury admits that the study of the network of 20 water districts and 91 systems (some serving as few as five people) provided some major challenges.

"It is nearly impossible to determine how many of the water systems' listed with the state draw from the lake or from private wells," the report said.

"When there are 27 large entities and uncountable smaller users affecting the same natural resource" along with "outside considerations such as the Lake and Yolo County water agreement, federal and state requirements, the Clearlake Hitch and attempts to control the summer algae blooms, there is a great potential for disagreements, personal agendas, indecisiveness and unintended consequences. "

In its report on the county jail, the grand jury recommended that one of the two showers in the county jail's A-Pod "be repaired with priority" and that both showers be cleaned and sanitized on a daily basis.

"Due to the over-capacity (33 inmates) of A-Pod, a single shower does not provide adequate resources to ensure proper hygiene," the report stated, adding that "the shower area had what appeared to be black mold on walls, peeling paint and filthy shower mats."

The grand jury's report also was critical of the inability of LAFCo to gather information needed to complete a series of outstanding reports.

The report recommends that "due to the apparent shortage of reports from LAFCo, the commission reconsiders the budget, wages and/or work load."

The grand jury has no power to enforce its recommendations, but law does require governing bodies, elected officials and agency heads to provide "meaningful responses" to its findings and recommendations.