November 23, 2013 9:00 AM
STOCKTON – The City Council is expected to publicly admonish Mayor Anthony Silva for prematurely releasing the name of a city manager candidate.
The council also wants to send an account of his actions to the county’s civil grand jury, saying his derailed the hiring process and embarrassed Stockton, a city report said Friday.
On direction from the council in closed session Tuesday, City Attorney John Luebberke drew up the two-pronged punishment, accusing him of a Brown Act violation. The City Council will vote on the action Dec. 3.
The unusual measure stems from Silva's behavior Nov. 5 when the mayor released to the media the name of Coachella City Manager David Garcia before confidential contract negotiations had concluded. The leak created confusion and Garcia backed out, Luebberke’s report says.
Earlier this week, Silva publicly threatened to take legal action against Luebberke if he tried to keep him from exercising his right as mayor to lead the city manager search.
http://www.recordnet.com/apps/pbcs.dll/article?AID=/20131123/A_NEWS/131129960
Monday, November 25, 2013
Friday, November 22, 2013
Former Marin grand jurors continue to watchdog local affairs
A new organization of gumshoes has convened to keep an eye on affairs of state in Marin County.
Thirteen members of last year's civil grand jury have formed what they're calling the Implementation Review Group, a panel of ex-jurors that wants to make sure public agencies and others are accountable for taking grand jury recommendations seriously.
Rich Treadgold of San Rafael, foreman of last year's jury, said the new group intends to "strengthen the system" by monitoring responses to grand jury recommendations, then advising the current grand jury on those failing to follow through. This will allow current jurors to focus their full attention on new investigations, he noted.
"We're not a shadow grand jury," he said. "We're just a group of citizens who happen to be ex-grand jurors and know the system."
The ex-jurors noted "there was a natural tendency" among some agencies that were the subject of jury inquiries "not to follow up" on recommendations even though a statement of compliance, explanation of non compliance or further analysis is required by law.
"We want to make sure all the responses to jury reports meet the statutory requirements," he said.
Paul Premo of Mill Valley, another member of the group, said that in addition to advising the current grand jury on the adequacy of responses, the review group may issue report cards.
"We're thinking of giving grades as to the sufficiency of the responses," Premo said.
Several members, for example, are working on a report detailing how agencies have responded to last year's jury call for reform of retiree health benefit programs.
Although members said there is nothing secret or clandestine about the review group, it's twice monthly meetings are not open to the public, although they may be at some point. "We're creating this entity as we go," Treadgold said. "We're just starting."
The panel has adopted a formal charter that, among other things, calls for publicizing "the positive impact" of grand jury reports on the community.
Ex-juror Peter Kiers of Greenbrae told the review group in a report last week that the impact of last year's jury proposal for reform of what critics call the supervisors' "slush fund" has been positive.
While more work is needed to get the controversial community grant program in shape, "I was favorably impressed with their collective efforts thus far to improve the program," he said. "I'm encouraged by the steps taken thus far."
At the same time, Kiers advised, the supervisors need to make sure that only "genuine one-time projects" with clear-cut objectives get grants, "fewer but more substantial awards" are offered, public agencies are regarded as ineligible and more transparency is employed.
Contact Nels Johnson via email at njohnson@marinij.com. Follow him at twitter.com/nelsjohnsonnews
Monday, November 18, 2013
(Napa County) Grand jury makes submitting a complaint easier
November 14, 2013 10:04 am • Register staff
The Napa County grand jury, which serves as a watchdog of local government, has created a new complaint form for anyone requesting a grand jury investigation.
The new form, which is available in English and Spanish, is designed to help residents understand the grand jury complaint process and provide guidance for filling it out.
To obtain a form, visit napacourt.com/general-info/grand-jury. Complaints can be mailed in or emailed to grandjury@napa.courts.ca.gov.
All complaints will remain confidential as required by law, the grand jury said in a news release.
The grand jury investigates and reports on the operations of local government, including special districts.
http://napavalleyregister.com/news/local/grand-jury-makes-submitting-a-complaint-easier/article_ee7f5f0e-4d56-11e3-a724-001a4bcf887a.html
The Napa County grand jury, which serves as a watchdog of local government, has created a new complaint form for anyone requesting a grand jury investigation.
The new form, which is available in English and Spanish, is designed to help residents understand the grand jury complaint process and provide guidance for filling it out.
To obtain a form, visit napacourt.com/general-info/grand-jury. Complaints can be mailed in or emailed to grandjury@napa.courts.ca.gov.
All complaints will remain confidential as required by law, the grand jury said in a news release.
The grand jury investigates and reports on the operations of local government, including special districts.
http://napavalleyregister.com/news/local/grand-jury-makes-submitting-a-complaint-easier/article_ee7f5f0e-4d56-11e3-a724-001a4bcf887a.html
Saturday, November 16, 2013
Fresno County grand jury: Coroner should be a medical doctor, not combined with Sheriff’s Office
By Carmen George
The Fresno Bee; November 15, 2013 Updated 18 hours ago
The Fresno Bee; November 15, 2013 Updated 18 hours ago
Recent talk about eliminating the Fresno County coroner/public administrator position by combining it with the Sheriff's Office got a strong push-back this week from the county grand jury, which says the coroner should be a medical doctor.
Thursday's grand jury report comes a little more than a week after the Board of Supervisors voted to explore combining coroner duties with the sheriff's office. Supervisors also talked about splitting up the duties -- giving coroner responsibilities to the sheriff, and public administrator duties to the district attorney.
The county's coroner/public administrator has made clear his opposition to the proposal.
"There's a huge difference in training between someone who carries a gun and someone who carries a scalpel," said Dr. David Hadden, who's served in the position for more than 30 years. "I don't hear anyone say, 'Dr. Hadden should be the sheriff.' It's ridiculous."
So when advocates say the sheriff should be the coroner, Hadden said, that should seem equally ridiculous.
The future of the position will be decided at the Dec. 3 supervisors meeting, said board chairman Henry Perea, who voted against exploring the merger.
Perea said the board-driven proposal was "spontaneous" and without study, and Hadden and Sheriff Margaret Mims were not even alerted about the subject beforehand.
"If this was a front-burner issue for the county, they should have been told about it a year ago," he said.
Although the grand jury rejected handing the coroner's job to the sheriff's office, the panel did recommend some changes:
Following the end of the term of the coroner elected in 2014, it should no longer be an elected position. A medical examiner should be appointed to serve as coroner, who would report to the supervisors.
Until the medical examiner model is implemented, public administrator duties should remain with the coroner's office.
To run for the position of coroner, a candidate should be a doctor.
Perea is asking county staff to gather data about coroner costs, but said he believes it will cost the county more if the responsibilities are handed off to the sheriff.
"The sheriff is not going to do it for free," Perea said. "We have a hard enough time keeping people in jail; now we are going to make (Mims) be a coroner? It can also create a horrible perception of a conflict of interest that can be bad. I think our community deserves better."
Chief forensic pathologist Dr. Venu Gopal, who's worked for Hadden for more than 20 years, said he agrees with the grand jury findings.
"The majority of the (coroner) cases are medically related, so someone with medical knowledge is better suited than a non-medical person," Gopal said.
From the beginning of the year through Sept. 30, more than 2,600 cases were referred to the county coroner's office. On average, the office does up to 800 autopsies and external evaluations a year, he said.
Most of the country uses a medical evaluator system, Gopal said, along with almost all major cities.
As home to one of California's largest cities, Fresno County should also adopt the same model, he said.
Hadden said public administrator duties -- dealing with estates and property when no one is around to manage them, such as after an elderly person dies -- is also a natural fit for his office, because those affected often have already been in contact with the coroner.
Hadden said it's important a coroner be able to "speak the same language" as doctors doing work within the office, because the coroner makes the ultimate decision about what goes on a death certificate.
He said he heard of a case where a lay coroner said someone was poisoned, although the pathologist, who studied the body, disagreed.
"That put a father with four kids in jeopardy of being charged with homicide, so it has intense personal consequences for the accused, and they deserve absolutely the best this county can give,"
Hadden said. "The reason a lot of smaller counties have sheriff-coroner systems is because they can't afford anything else ... It's an old-fashioned model going back years, way back to the 19th century.
"Just because it's prevalent doesn't mean it's correct. We have moved on."
Thursday's grand jury report comes a little more than a week after the Board of Supervisors voted to explore combining coroner duties with the sheriff's office. Supervisors also talked about splitting up the duties -- giving coroner responsibilities to the sheriff, and public administrator duties to the district attorney.
The county's coroner/public administrator has made clear his opposition to the proposal.
"There's a huge difference in training between someone who carries a gun and someone who carries a scalpel," said Dr. David Hadden, who's served in the position for more than 30 years. "I don't hear anyone say, 'Dr. Hadden should be the sheriff.' It's ridiculous."
So when advocates say the sheriff should be the coroner, Hadden said, that should seem equally ridiculous.
The future of the position will be decided at the Dec. 3 supervisors meeting, said board chairman Henry Perea, who voted against exploring the merger.
Perea said the board-driven proposal was "spontaneous" and without study, and Hadden and Sheriff Margaret Mims were not even alerted about the subject beforehand.
"If this was a front-burner issue for the county, they should have been told about it a year ago," he said.
Although the grand jury rejected handing the coroner's job to the sheriff's office, the panel did recommend some changes:
Following the end of the term of the coroner elected in 2014, it should no longer be an elected position. A medical examiner should be appointed to serve as coroner, who would report to the supervisors.
Until the medical examiner model is implemented, public administrator duties should remain with the coroner's office.
To run for the position of coroner, a candidate should be a doctor.
Perea is asking county staff to gather data about coroner costs, but said he believes it will cost the county more if the responsibilities are handed off to the sheriff.
"The sheriff is not going to do it for free," Perea said. "We have a hard enough time keeping people in jail; now we are going to make (Mims) be a coroner? It can also create a horrible perception of a conflict of interest that can be bad. I think our community deserves better."
Chief forensic pathologist Dr. Venu Gopal, who's worked for Hadden for more than 20 years, said he agrees with the grand jury findings.
"The majority of the (coroner) cases are medically related, so someone with medical knowledge is better suited than a non-medical person," Gopal said.
From the beginning of the year through Sept. 30, more than 2,600 cases were referred to the county coroner's office. On average, the office does up to 800 autopsies and external evaluations a year, he said.
Most of the country uses a medical evaluator system, Gopal said, along with almost all major cities.
As home to one of California's largest cities, Fresno County should also adopt the same model, he said.
Hadden said public administrator duties -- dealing with estates and property when no one is around to manage them, such as after an elderly person dies -- is also a natural fit for his office, because those affected often have already been in contact with the coroner.
Hadden said it's important a coroner be able to "speak the same language" as doctors doing work within the office, because the coroner makes the ultimate decision about what goes on a death certificate.
He said he heard of a case where a lay coroner said someone was poisoned, although the pathologist, who studied the body, disagreed.
"That put a father with four kids in jeopardy of being charged with homicide, so it has intense personal consequences for the accused, and they deserve absolutely the best this county can give,"
Hadden said. "The reason a lot of smaller counties have sheriff-coroner systems is because they can't afford anything else ... It's an old-fashioned model going back years, way back to the 19th century.
"Just because it's prevalent doesn't mean it's correct. We have moved on."
Thursday, November 14, 2013
Parts of (San Bernardino) Grand Jury report could play into in $4M Fire Department cuts
By Ryan Hagen, The Sun
POSTED: 11/12/13, 6:01 PM PST | UPDATED: 1 DAY AGO
SAN BERNARDINO >> Fire Chief George Avery said Tuesday he doesn’t yet have any details of a plan due Nov. 25 that must cut $4 million a year from the Fire Department’s budget, but he is “considering elements” from a report the city manager gave him that calls for completely reconsidering how fire and emergency service is delivered.
The 2010-11 Santa Clara County Grand Jury looked at the nine fire agencies in that northern California county and found that only 4 percent of the calls for service were to fires, with 70 percent being for medical service and the rest situations including rescues and hazardous materials.
“Fire departments should rethink their response protocols — which are based on an historically fire-oriented model that does not match today’s overwhelmingly medical-based demand for emergency services,” the report says. “Given that approximately 70% of calls to fire departments are reporting medical emergencies rather than fire, and that only one of every three crew members (33%) is trained to respond to medical situations and conditions, there appears to be a mismatch between service needed and service provided.”
A paramedic typically makes significantly less than a firefighter or firefighter/paramedic, while a fire engine costs five times what an ambulance does, causing unnecessary wear and tear on expensive vehicles, according to the report.
The report also suggests consolidating services from neighboring departments and reorganizing staffing so that seasons or times of day that are known to have a lower number of calls have fewer firefighters.
“In their responses to Grand Jury questions regarding firefighter staffing and salary levels, some interviewees described firefighting as ‘the best part-time job in America,’ conceding these well-rewarded firefighters wear ‘golden handcuffs,’” the report says. “Others acknowledged that firefighters are paid for ‘23 hours of sitting around for one hour of work’ because that is how ‘insurance’ works.”
Firefighters unions in Santa Clara County criticized the report, saying firefighters can respond more quickly, and no major suggestions from the report were implemented.
Scott Moss, president of the San Bernardino City Professional Firefighters, did not return a phone call.
City Manager Allen Parker, though, said the city’s financial situation requires serious changes.
“The report talks about how they (Santa Clara agencies) need to come into the 21st century, and they outlined a whole bunch of ideas that could work,” Parker said. “George has been very amenable to this, so I asked him to take a look.”
The reason for the quick turnaround is so a plan can be used in mediation with creditors, which begins Nov. 25, Parker said.
Avery said the plan was still being worked out.
“(My response to the report is) only that I am considering elements of those models as we attempt to design our own,” Avery said.
Avery said Monday that the critique of firefighters’ working overtime when there aren’t emergencies — and the suggestion that this would be mitigated by increased hiring — is often based on the mistaken assumption that firefighters are paid overtime for every hour they work over 40 hours.
In fact, he said, they aren’t paid time-and-a-half unless they work more than 56 hours in a week and are scheduled for 240 hours a month of work.
“Fifty percent of the time they come to work above and beyond their normal work schedule, they’re getting straight time,” Avery said.
Councilman Fred Shorett said he hadn’t seen the grand jury report but was open to any new ideas.
“My position is, $2 million is great, but we need to compare that to the $8 million or $12 million we could get,” Shorett said.
That’s the estimate Shorett said he’s gotten from Cal Fire, which he hasn’t backed up with specifics.
“It could change, that’s true — but prove me wrong,” he said. “The way to prove me wrong is to ask for an estimate.”
For a fourth time, Shorett said, he will ask the council on Monday to request proposals from outside agencies to provide fire services for the city. City firefighters are encouraged to make their own proposal to see if it could be more efficient, he said.
Councilman John Valdivia said the community couldn’t afford any cuts to public safety.
“I think we can’t pit our residents against our public safety division, and Mr. Parker would know that if he had the public workshops he promised,” Valdivia said. “Allen, you need to get your directive here from City Council, not from what the mayor’s telling you or what some shiny pencil finance guy is telling you.”
Asked if he might support a $4 million budget reduction if it doesn’t lower service, as Parker said could be the case, Valdivia said he might support one proposal.
“I would support cutting a fire station in Fred Shorett’s ward,” Valdivia said. “No, seriously — you’re so in favor of cutting services, you be the guinea pig and see how your residents react.”
http://www.sbsun.com/government-and-politics/20131112/parts-of-grand-jury-report-could-play-into-in-4m-fire-department-cuts
POSTED: 11/12/13, 6:01 PM PST | UPDATED: 1 DAY AGO
SAN BERNARDINO >> Fire Chief George Avery said Tuesday he doesn’t yet have any details of a plan due Nov. 25 that must cut $4 million a year from the Fire Department’s budget, but he is “considering elements” from a report the city manager gave him that calls for completely reconsidering how fire and emergency service is delivered.
The 2010-11 Santa Clara County Grand Jury looked at the nine fire agencies in that northern California county and found that only 4 percent of the calls for service were to fires, with 70 percent being for medical service and the rest situations including rescues and hazardous materials.
“Fire departments should rethink their response protocols — which are based on an historically fire-oriented model that does not match today’s overwhelmingly medical-based demand for emergency services,” the report says. “Given that approximately 70% of calls to fire departments are reporting medical emergencies rather than fire, and that only one of every three crew members (33%) is trained to respond to medical situations and conditions, there appears to be a mismatch between service needed and service provided.”
A paramedic typically makes significantly less than a firefighter or firefighter/paramedic, while a fire engine costs five times what an ambulance does, causing unnecessary wear and tear on expensive vehicles, according to the report.
The report also suggests consolidating services from neighboring departments and reorganizing staffing so that seasons or times of day that are known to have a lower number of calls have fewer firefighters.
“In their responses to Grand Jury questions regarding firefighter staffing and salary levels, some interviewees described firefighting as ‘the best part-time job in America,’ conceding these well-rewarded firefighters wear ‘golden handcuffs,’” the report says. “Others acknowledged that firefighters are paid for ‘23 hours of sitting around for one hour of work’ because that is how ‘insurance’ works.”
Firefighters unions in Santa Clara County criticized the report, saying firefighters can respond more quickly, and no major suggestions from the report were implemented.
Scott Moss, president of the San Bernardino City Professional Firefighters, did not return a phone call.
City Manager Allen Parker, though, said the city’s financial situation requires serious changes.
“The report talks about how they (Santa Clara agencies) need to come into the 21st century, and they outlined a whole bunch of ideas that could work,” Parker said. “George has been very amenable to this, so I asked him to take a look.”
The reason for the quick turnaround is so a plan can be used in mediation with creditors, which begins Nov. 25, Parker said.
Avery said the plan was still being worked out.
“(My response to the report is) only that I am considering elements of those models as we attempt to design our own,” Avery said.
Avery said Monday that the critique of firefighters’ working overtime when there aren’t emergencies — and the suggestion that this would be mitigated by increased hiring — is often based on the mistaken assumption that firefighters are paid overtime for every hour they work over 40 hours.
In fact, he said, they aren’t paid time-and-a-half unless they work more than 56 hours in a week and are scheduled for 240 hours a month of work.
“Fifty percent of the time they come to work above and beyond their normal work schedule, they’re getting straight time,” Avery said.
Councilman Fred Shorett said he hadn’t seen the grand jury report but was open to any new ideas.
“My position is, $2 million is great, but we need to compare that to the $8 million or $12 million we could get,” Shorett said.
That’s the estimate Shorett said he’s gotten from Cal Fire, which he hasn’t backed up with specifics.
“It could change, that’s true — but prove me wrong,” he said. “The way to prove me wrong is to ask for an estimate.”
For a fourth time, Shorett said, he will ask the council on Monday to request proposals from outside agencies to provide fire services for the city. City firefighters are encouraged to make their own proposal to see if it could be more efficient, he said.
Councilman John Valdivia said the community couldn’t afford any cuts to public safety.
“I think we can’t pit our residents against our public safety division, and Mr. Parker would know that if he had the public workshops he promised,” Valdivia said. “Allen, you need to get your directive here from City Council, not from what the mayor’s telling you or what some shiny pencil finance guy is telling you.”
Asked if he might support a $4 million budget reduction if it doesn’t lower service, as Parker said could be the case, Valdivia said he might support one proposal.
“I would support cutting a fire station in Fred Shorett’s ward,” Valdivia said. “No, seriously — you’re so in favor of cutting services, you be the guinea pig and see how your residents react.”
http://www.sbsun.com/government-and-politics/20131112/parts-of-grand-jury-report-could-play-into-in-4m-fire-department-cuts
Friday, November 1, 2013
Recent (San Luis Obispo County) grand jury honored for reporting
The California
Grand Jury Association has given its 2013 Robert Geiss Excellence in Reporting
Award to the 2010-11 San Luis Obispo County Grand Jury, for its
report on the South County Sanitation District. The Geiss award recognizes
grand jury reports that have “created positive changes in their communities by
increasing awareness of the California grand jury system.”
The jury was
recognized because of its work reporting on then-South County Sanitation
District Director John Wallace’s alleged conflict of interest and the failure
of the oversight board at the South San Luis Obispo County Sanitation District
to spot the conflict.After the report was made public in 2011, it led to significant changes in the board and Wallace’s eventual resignation.
Six members of the jury were present to receive the award Monday at the association’s annual meeting.
The full grand jury report can be found at http://slocourts.net/grand_jury/reports/2010_2011
Read more here: http://www.sanluisobispo.com/2013/11/01/2760515/recent-grand-jury-honored-for.html#storylink=cpy
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