A grand jury report found the Santa Clara County Public Administrator Guardian Conservator Office needs to improve communication. File photo.
Those
assigned by the court to manage the affairs of some of Santa Clara County’s
most vulnerable are overworked, suffering from low morale and could benefit
from better workplace communication, according to a grand jury report.
The
findings are part of the Santa Clara County Civil Grand Jury’s review of
conservatorships, or guardians appointed by the Superior Court to manage the
financial affairs and day-to-day life of adults who have mental limitations and
are unable to care for themselves.
The
civil grand jury investigated the Public Administrator Guardian Conservator
Office, or PAGC, the agency responsible for the county’s conservatorships. It
found the office is doing “admirable work,” but urged more communication
between conservators and administrators.
The
grand jury interviewed 29 managers and county staff earlier this year and made
three site visits to the conservator’s office. It found the department
experienced a high turnover rate and low morale, and that employees have been
overworked due to understaffing.
According
to the report issued in September, there are six administrator positions in the
conservator office’s estate administration group, but two positions have been
vacant for more than six months. That has forced administrators to take up to
75 cases, rather than a typical load of around 50.
“The
deputies, administrators, and their assistants have a difficult job — they must
earn the trust of prospective conservatees who are often confused and
frightened due to mental illness or dementia,” read the report. “They work long
hours under difficult conditions with insufficient encouragement, but they
persevere and provide an important service to some of the most vulnerable
adults of Santa Clara County.”
The
Public Administrator Guardian Conservator Office was responsible for managing
more than 1,400 cases in November 2019 with the majority of clients aged 60 and
over, according to the report. It has 76 people on staff, according to its own
2020 internal report.
Staff
are county workers with backgrounds in social services or social work or
certified workers with similar credentials who are given the authority to make
legal and financial decisions for the adult, known as the conservatee.
“It
can be very emotional at times,” said Scarlet Hughes, executive director of the
California State Association of Public Administrators, Public Guardians, Public
Conservators. “You have to do things that you know are in your client’s best
interest like take their car away because it’s too dangerous for them to drive
anymore. But you also recognize when you’re having to do that, how devastating
it is for that client to lose that independence. But you have to do it to
protect them.”
In
response to the findings, the jury issued a corresponding amount of
recommendations. Among them included monthly staff meetings, more performance
reviews and developing a wellness and retention plan for staff by 2021 to boost
morale, hiring at least two more case managers and improving the staff’s case
management software to better organize financial data and appointment slots for
conservatees.
It
also recommended using a financial advisor to help handle conservatees’
investments — a recommendation the PAGC “partially agreed” with due to concerns
over undue risk, according to a memo.
According
to Patty Irwin, manager of communications for the county’s Social Services
Agency, the conservator’s office already is looking at steps it can take to
improve rapport among staff and boost spirits in the workplace.
“A
lot of things that we’ve been doing have gone toward improving employee
engagement and satisfaction,” Irwin said. “Based on our own climate and culture
survey, this has been improving.”
Still,
concerns have been raised by employees. One employee filed a letter to the
Board of Supervisors before its Nov. 17 meeting where the board received the
grand jury’s findings.
The
employee, Michael O’Connor, alleged inconsistencies with six of the report’s
findings, including at least one that “does not match the law.” O’Connor also
alleges rifts between groups in the PAGC are too deep to be solved by better
communication.
“All
efforts by staff to assist have been stopped and stymied by managers who lack understanding
of the position, and public guardians (sic) who are hands-off and not involved
with our work,” read O’Connor’s statement. “The findings and responses are
inadequate and are only the beginning of the issues. If you don’t resolve them,
the remainder will be addressed through litigation.”
The
civil grand jury, a group of Santa Clara County residents chosen from a pool of
applicants by the Superior Court and previous grand jury members, is
responsible for examining the administration of county services, hearing
complaints from county officials and serving as a financial watchdog for public
funds, among other duties. It generally releases reports on its findings
several times a year. Due to a confidentiality agreement, the civil grand jury
could not comment on the report.
“These
recommendations will help make PAGC not only work more effectively but also
help lift the morale of staff,” stated the grand jury report. “Staff and
management are doing excellent work, and it is crucial to foster a healthy and
positive work environment.”
San
Jose Spotlight
by Lloyd Alaban
December 2, 2020
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