Sentinel Staff Report
Posted: 01/22/2009 01:30:08 AM PST
Responses to the Santa Cruz County grand jury report were made public this week, and jury foreman Clyde Vaughn said the government agencies critiqued in the report offered a variety of comment.
The agencies adopted many of the reforms advocated by the grand jury, Vaughn said, while other recommendations were put off because of funding or legal issues, while others were rejected completely.
At the grand jury's urging, the county of Santa Cruz added a whistle blower link to its Web site so employees can more easily report personnel problems.
The Sheriff's Office responded to grand jury concerns about overcrowding at County Jail by saying a committee has been established to reduce overcrowding. However, the Sheriff's Office said it did not have the money to expand and update kitchen facilities, as recommended by the grand jury.
The county Planning Department has implemented a new data system to better track and record code enforcement data, which the grand jury had said contained inaccuracies.
The Watsonville Library committed to trying to expand staffing, but could not implement all of the suggestions of the grand jury, like maintaining better security, because of finances.
The grand jury is an all-volunteer group that investigates a handful of government issues each year and makes recommendations for improvement. The agencies cited in the report must address the recommendations, but are not obliged to implement them.
The complete responses to the latest report, released last summer, will be posted online Monday. They will be available at www.co.santa-cruz.ca.us/grandjury
http://www.mercurynews.com/centralcoast/ci_11523831?nclick_check=1
Thursday, January 22, 2009
Orange County deputy involved in beating death probe leaves agency
ORANGE COUNTY
Deputy involved in beating death probe leaves agency
A fifth Orange County Sheriff's Department employee named in a grand jury investigation into the 2006 beating death of an inmate at the county's largest jail left the department Tuesday, a sheriff's official said.
Deputy Jason Chapluk, who was on duty at the Theo Lacy Jail in Orange when inmate John Derek Chamberlain was beaten to death, was placed on administrative leave April 7, the day the grand jury transcript was released.
Chapluk's last day at the department was Tuesday, said sheriff's spokesman John McDonald. Chapluk had been with the department since February 2005. Because of a state law that restricts the release of peace officer disciplinary records, McDonald declined to say whether Chapluk had resigned or was fired.
The grand jury found that on Oct. 5, 2006, while one of the jail's ranking guards exchanged personal text messages and watched the television show "Cops," Chamberlain, a 41-year-old computer technician from Mission Viejo, was stomped and beaten to death nearby.
Chapluk told the grand jury it was not uncommon to hear stories about guards playing video games during work hours and sleeping during late-night shifts, and that they had a radio code of "10-12" to warn each other when supervisors were coming. Testimony showed Chapluk brought movies to work.
-- Tami Abdollah CONTRA COSTA COUNTY
http://www.latimes.com/news/local/la-me-briefs21-2009jan21,0,671362.story
Deputy involved in beating death probe leaves agency
A fifth Orange County Sheriff's Department employee named in a grand jury investigation into the 2006 beating death of an inmate at the county's largest jail left the department Tuesday, a sheriff's official said.
Deputy Jason Chapluk, who was on duty at the Theo Lacy Jail in Orange when inmate John Derek Chamberlain was beaten to death, was placed on administrative leave April 7, the day the grand jury transcript was released.
Chapluk's last day at the department was Tuesday, said sheriff's spokesman John McDonald. Chapluk had been with the department since February 2005. Because of a state law that restricts the release of peace officer disciplinary records, McDonald declined to say whether Chapluk had resigned or was fired.
The grand jury found that on Oct. 5, 2006, while one of the jail's ranking guards exchanged personal text messages and watched the television show "Cops," Chamberlain, a 41-year-old computer technician from Mission Viejo, was stomped and beaten to death nearby.
Chapluk told the grand jury it was not uncommon to hear stories about guards playing video games during work hours and sleeping during late-night shifts, and that they had a radio code of "10-12" to warn each other when supervisors were coming. Testimony showed Chapluk brought movies to work.
-- Tami Abdollah CONTRA COSTA COUNTY
http://www.latimes.com/news/local/la-me-briefs21-2009jan21,0,671362.story
Tuesday, January 20, 2009
Grand jury: School fire systems vary in safety
Daily Journal Staff Report
Quality of fire systems in local schools vary at each site, however each meet or exceed state standards, according to a county Grand Jury report released yesterday.
The group began looking into the fire systems after an alarm was sounded during lunchtime in 2008. There was little emergency action since there was no connection between the school’s alarm and local agencies. In the 21-page report, the jury details the three kind of alarms on campuses (manual, addressable and automated), determines all schools meet current state requirements and recommends upgrades to the latest system on campuses not already at those levels.
School construction approved prior to January 2008 is under old rules. New schools or modernization projects over $200,000 require the installation of fire systems that link directly to a supervising station; these alarms are called automated. Manual alarms consist of a pull station or smoke detectors which trigger an alarm. Addressable systems trigger a campus-wide trigger when one is activated as well as send a signal to the school office noting the exact location of the problem.
Although systems are within the law, the jury recommended upgrades to ensure public safety.
Recommendations include:
• Belmont-Redwood Shores Elementary and Cabrillo Unified school districts should perform a feasibility study within 90 days to upgrade manual pull station fire systems, according to the report.
• Leaders in the Pacifica, Las Lomitas Elementary, Belmont-Redwood Shores Elementary, Portola Valley Elementary, San Carlos Elementary, San Bruno Elementary, Hillsborough City and San Mateo-Foster City school districts have schools with automated alarms without direct connection to alarm companies or public safety agencies. Policies and procedures should be reviewed at these schools. Additionally, districts should budget for upgrades.
• Leaders in the Ravenswood City Elementary, Millbrae Elementary, Bayshore Elementary and San Mateo-Foster City school districts, which have schools in the process of upgrading fire systems or are planning upgrades, should ensure compliance with 2007 California Fire Code.
• Leaders in the Cabrillo Unified and La Honda-Pescadero Unified school districts, which have schools under modernization, should ensure compliance with 2007 California Fire Code.
To view the full report visit www.sanmateocourt.org/grandjury/.
http://www.smdailyjournal.com/article_preview.php?id=104148
Quality of fire systems in local schools vary at each site, however each meet or exceed state standards, according to a county Grand Jury report released yesterday.
The group began looking into the fire systems after an alarm was sounded during lunchtime in 2008. There was little emergency action since there was no connection between the school’s alarm and local agencies. In the 21-page report, the jury details the three kind of alarms on campuses (manual, addressable and automated), determines all schools meet current state requirements and recommends upgrades to the latest system on campuses not already at those levels.
School construction approved prior to January 2008 is under old rules. New schools or modernization projects over $200,000 require the installation of fire systems that link directly to a supervising station; these alarms are called automated. Manual alarms consist of a pull station or smoke detectors which trigger an alarm. Addressable systems trigger a campus-wide trigger when one is activated as well as send a signal to the school office noting the exact location of the problem.
Although systems are within the law, the jury recommended upgrades to ensure public safety.
Recommendations include:
• Belmont-Redwood Shores Elementary and Cabrillo Unified school districts should perform a feasibility study within 90 days to upgrade manual pull station fire systems, according to the report.
• Leaders in the Pacifica, Las Lomitas Elementary, Belmont-Redwood Shores Elementary, Portola Valley Elementary, San Carlos Elementary, San Bruno Elementary, Hillsborough City and San Mateo-Foster City school districts have schools with automated alarms without direct connection to alarm companies or public safety agencies. Policies and procedures should be reviewed at these schools. Additionally, districts should budget for upgrades.
• Leaders in the Ravenswood City Elementary, Millbrae Elementary, Bayshore Elementary and San Mateo-Foster City school districts, which have schools in the process of upgrading fire systems or are planning upgrades, should ensure compliance with 2007 California Fire Code.
• Leaders in the Cabrillo Unified and La Honda-Pescadero Unified school districts, which have schools under modernization, should ensure compliance with 2007 California Fire Code.
To view the full report visit www.sanmateocourt.org/grandjury/.
http://www.smdailyjournal.com/article_preview.php?id=104148
Monday, January 19, 2009
Hiring practices, overcrowded jail discussed in latest grand jury report
BY: JON CHOWN
Overcrowding and maintenance issues in the Santa Cruz County Jail, unfair hiring practices by the county, uneven code enforcement, confusing boundaries for fire protection service and improvements needed at the Watsonville Public Library were all topics in the 2007-08 Santa Cruz Civil Grand Jury Report released Friday with responses from the various agencies involved.
The Santa Cruz County Civil Grand Jury serves as a watchdog over local government and has three primary functions: to audit local government agencies and officials; to investigate citizens’ complaints; and to publish its investigative findings and recommendations. The report is published at the end of the jury’s yearlong term.
Most everyone agreed on the jury’s conclusion that overcrowding at the county’s Main Jail is serious, and because several of the county’s jail facilities are aging, they need extensive maintenance.
•••••••••••••••••••••••••••••••
*For the complete story, see today's paper or visit the e-Edition*
(Published in 1/17/09 edition)
http://www.register-pajaronian.com/V2_news_articles.php?heading=0&story_id=6592&page=72
Overcrowding and maintenance issues in the Santa Cruz County Jail, unfair hiring practices by the county, uneven code enforcement, confusing boundaries for fire protection service and improvements needed at the Watsonville Public Library were all topics in the 2007-08 Santa Cruz Civil Grand Jury Report released Friday with responses from the various agencies involved.
The Santa Cruz County Civil Grand Jury serves as a watchdog over local government and has three primary functions: to audit local government agencies and officials; to investigate citizens’ complaints; and to publish its investigative findings and recommendations. The report is published at the end of the jury’s yearlong term.
Most everyone agreed on the jury’s conclusion that overcrowding at the county’s Main Jail is serious, and because several of the county’s jail facilities are aging, they need extensive maintenance.
•••••••••••••••••••••••••••••••
*For the complete story, see today's paper or visit the e-Edition*
(Published in 1/17/09 edition)
http://www.register-pajaronian.com/V2_news_articles.php?heading=0&story_id=6592&page=72
Fresno Co. struggles to diversify grand jury
By John Ellis / The Fresno Bee
Fresno County's grand jury, the constitutionally mandated watchdog of local government, long has been dominated by white residents, older people and those who live in north Fresno -- and judges want to change that.
As Fresno County Superior Court officials gear up to assemble the next panel -- whose term begins July 1 -- they're looking for new ways to recruit minorities, younger people and non-Fresno residents.
"We want the broadest list of interested people," said Judge Robert Oliver. "If they show interest, we talk with them."
In Fresno County and elsewhere, former grand jurors talk to service clubs, ads are placed in newspapers, and judges always are asking for volunteers. This year, Oliver -- who heads the committee that interviews prospective grand jurors -- wants to expand those ads to smaller newspapers across the county.
The past two years of applications show the challenge ahead: 86% of those who filled out grand jury questionnaires were 55 or older, and 76% were white.
Each year, the grand jury has 19 volunteer members. This year, eight members are from Fresno's Old Fig Garden neighborhood or wealthier ZIP codes north of Shaw Avenue. Only one is from outside the Fresno-Clovis metropolitan area or its outskirts.
The current panel has one person who is Asian, three who are black and three who are Hispanic. It has 12 members who are white.
The grand jury is a civil jury that, under the state Constitution, investigates issues and makes recommendations on how government can better serve the people. That is why Selma resident and former grand juror Robert Gutierrez says diversity is so important.
"If the grand jury is the citizens' watchdog, we would like to be the watchdog for all the citizens," he said.
The county's civil Grand Jury does not hear criminal cases. Unlike some larger counties in the state, Fresno County does not have a permanent criminal grand jury.
Finding the time may be the biggest challenge of a civil grand juror. Service is voluntary, and state law is very broad about who can serve.
The basic qualifications include "sufficient knowledge of the English language" and being "in possession of natural faculties, ordinary intelligence, sound judgment [and] fair character."
Still, Fresno County received just 77 applications for the 2007-08 term and 76 for the 2008-09 term.
The challenges Fresno County faces are similar to those in county courts all across the state -- even in tony Marin County.
Catherine McKown, a Marin County resident who is vice president of the California Grand Jurors' Association, said the group's local affiliate there has formed an outreach committee to attract a more diverse pool of candidates.
"We've struggled with it, too," said Terry McNally, executive officer of the Kern County Superior Court. "There's a wide variety of things we are trying."
One innovative strategy in Kern is a video that was produced by former grand jurors that is shown to civil and criminal court jurors while they are waiting to be assigned to courtrooms.
Marin County produces a 30-minute television show that airs on the public-access cable network.
One challenge is the time commitment, which is the primary reason the demographic all across the state skews to retirees. If it attracts younger people, it is often spouses who don't have to work -- which often come from wealthier families, said John Kirihara, presiding judge in Merced County Superior Court.
McKown said the time commitment starts off at around five hours a week, but can grow to between 20 and 30 hours a week.
"We're making inroads, but you gotta keep plugging," said McNally, the Kern County Superior Court's executive officer. "We go back year in and year out and ask people to apply."
Part of the challenge is the state's penal code, which outlines all aspects of grand juries in each of the state's counties.
No matter how many people apply, the state's penal code sees to it that some luck will be involved, because it requires that no fewer than 25 and no more than 30 names go into a random drawing for 19 spots.
It means that judges must winnow the number of applicants down. And it also can play into the final racial, gender, age and hometown breakdown.
Still, the odds get better with more and varied applicants, advocates and court officials, said Sherry Spears, the juror services manager for the Fresno County Superior Court.
"I think the secret is all in getting the word out," she said.
The reporter can be reached at jellis@fresnobee.com or (559) 441-6320.
http://www.fresnobee.com/local/story/1137213.html
Fresno County's grand jury, the constitutionally mandated watchdog of local government, long has been dominated by white residents, older people and those who live in north Fresno -- and judges want to change that.
As Fresno County Superior Court officials gear up to assemble the next panel -- whose term begins July 1 -- they're looking for new ways to recruit minorities, younger people and non-Fresno residents.
"We want the broadest list of interested people," said Judge Robert Oliver. "If they show interest, we talk with them."
In Fresno County and elsewhere, former grand jurors talk to service clubs, ads are placed in newspapers, and judges always are asking for volunteers. This year, Oliver -- who heads the committee that interviews prospective grand jurors -- wants to expand those ads to smaller newspapers across the county.
The past two years of applications show the challenge ahead: 86% of those who filled out grand jury questionnaires were 55 or older, and 76% were white.
Each year, the grand jury has 19 volunteer members. This year, eight members are from Fresno's Old Fig Garden neighborhood or wealthier ZIP codes north of Shaw Avenue. Only one is from outside the Fresno-Clovis metropolitan area or its outskirts.
The current panel has one person who is Asian, three who are black and three who are Hispanic. It has 12 members who are white.
The grand jury is a civil jury that, under the state Constitution, investigates issues and makes recommendations on how government can better serve the people. That is why Selma resident and former grand juror Robert Gutierrez says diversity is so important.
"If the grand jury is the citizens' watchdog, we would like to be the watchdog for all the citizens," he said.
The county's civil Grand Jury does not hear criminal cases. Unlike some larger counties in the state, Fresno County does not have a permanent criminal grand jury.
Finding the time may be the biggest challenge of a civil grand juror. Service is voluntary, and state law is very broad about who can serve.
The basic qualifications include "sufficient knowledge of the English language" and being "in possession of natural faculties, ordinary intelligence, sound judgment [and] fair character."
Still, Fresno County received just 77 applications for the 2007-08 term and 76 for the 2008-09 term.
The challenges Fresno County faces are similar to those in county courts all across the state -- even in tony Marin County.
Catherine McKown, a Marin County resident who is vice president of the California Grand Jurors' Association, said the group's local affiliate there has formed an outreach committee to attract a more diverse pool of candidates.
"We've struggled with it, too," said Terry McNally, executive officer of the Kern County Superior Court. "There's a wide variety of things we are trying."
One innovative strategy in Kern is a video that was produced by former grand jurors that is shown to civil and criminal court jurors while they are waiting to be assigned to courtrooms.
Marin County produces a 30-minute television show that airs on the public-access cable network.
One challenge is the time commitment, which is the primary reason the demographic all across the state skews to retirees. If it attracts younger people, it is often spouses who don't have to work -- which often come from wealthier families, said John Kirihara, presiding judge in Merced County Superior Court.
McKown said the time commitment starts off at around five hours a week, but can grow to between 20 and 30 hours a week.
"We're making inroads, but you gotta keep plugging," said McNally, the Kern County Superior Court's executive officer. "We go back year in and year out and ask people to apply."
Part of the challenge is the state's penal code, which outlines all aspects of grand juries in each of the state's counties.
No matter how many people apply, the state's penal code sees to it that some luck will be involved, because it requires that no fewer than 25 and no more than 30 names go into a random drawing for 19 spots.
It means that judges must winnow the number of applicants down. And it also can play into the final racial, gender, age and hometown breakdown.
Still, the odds get better with more and varied applicants, advocates and court officials, said Sherry Spears, the juror services manager for the Fresno County Superior Court.
"I think the secret is all in getting the word out," she said.
The reporter can be reached at jellis@fresnobee.com or (559) 441-6320.
http://www.fresnobee.com/local/story/1137213.html
Thursday, January 15, 2009
4th deputy leaves amid O.C. jail probe
Sheriff's Special Officer Phillip Le was on duty at Theo Lacy Jail when an inmate was beaten to death in 2006. Le testified that inmates would receive special privileges for keeping others in line.
By Tami Abdollah
January 14, 2009
A fourth Orange County Sheriff's Department employee named in a grand jury investigation into the 2006 beating death of an inmate at the county's largest jail has left the department, a sheriff's official said Tuesday.
Sheriff's Special Officer Phillip Le, who was on duty at the Theo Lacy Jail in Orange when inmate John Derek Chamberlain was beaten to death, was placed on administrative leave April 7, the day the grand jury transcript was released.
Le's last day at the department was Dec. 5, said sheriff's spokesman John McDonald. Le had been with the department since August 2005. McDonald declined to say whether Le had resigned or was fired because of a state law that restricts the release of peace officer disciplinary records.
The grand jury found that on Oct. 5, 2006, while one of the jail's ranking guards, Kevin Taylor, exchanged personal text messages and watched the television show "Cops," Chamberlain, a 41-year-old computer technician from Mission Viejo, was stomped and beaten to death nearby.
Chamberlain was in custody on suspicion of possessing child pornography when he was attacked by a group of inmates. Inmates mistakenly believed that he had been charged with child molestation. Le was alerted to Chamberlain's injuries when an inmate waved outside the glass-walled guard station.
Le refused to testify before the grand jury until he was granted immunity. According to the transcript, Le told the grand jury that deputies would work with inmate "shot-callers" who would help keep other inmates in line with beatings -- called "taxations" -- and would receive special privileges such as sack lunches and new clothes in return. He said it was common for deputies to watch movies, use their personal laptops and read newspapers and books while on duty.
Le also told the grand jury that he did not keep an accurate log on the day Chamberlain was killed and that he had made a "command decision" to record over the first seven to 10 minutes of videotape he used to document the scene after guards discovered Chamberlain had been beaten.
Deputy Sonja Moreno, Sheriff's Investigator Jose Armas and Deputy Monica Bagalayos were the first three to leave the department in the wake of the investigation. Taylor and Jason Chapluk, another deputy assigned to Chamberlain's module, remain on paid administrative leave.
tami.abdollah@latimes.com
http://www.latimes.com/news/printedition/california/la-me-ocdeputy14-2009jan14,0,5049916.story
By Tami Abdollah
January 14, 2009
A fourth Orange County Sheriff's Department employee named in a grand jury investigation into the 2006 beating death of an inmate at the county's largest jail has left the department, a sheriff's official said Tuesday.
Sheriff's Special Officer Phillip Le, who was on duty at the Theo Lacy Jail in Orange when inmate John Derek Chamberlain was beaten to death, was placed on administrative leave April 7, the day the grand jury transcript was released.
Le's last day at the department was Dec. 5, said sheriff's spokesman John McDonald. Le had been with the department since August 2005. McDonald declined to say whether Le had resigned or was fired because of a state law that restricts the release of peace officer disciplinary records.
The grand jury found that on Oct. 5, 2006, while one of the jail's ranking guards, Kevin Taylor, exchanged personal text messages and watched the television show "Cops," Chamberlain, a 41-year-old computer technician from Mission Viejo, was stomped and beaten to death nearby.
Chamberlain was in custody on suspicion of possessing child pornography when he was attacked by a group of inmates. Inmates mistakenly believed that he had been charged with child molestation. Le was alerted to Chamberlain's injuries when an inmate waved outside the glass-walled guard station.
Le refused to testify before the grand jury until he was granted immunity. According to the transcript, Le told the grand jury that deputies would work with inmate "shot-callers" who would help keep other inmates in line with beatings -- called "taxations" -- and would receive special privileges such as sack lunches and new clothes in return. He said it was common for deputies to watch movies, use their personal laptops and read newspapers and books while on duty.
Le also told the grand jury that he did not keep an accurate log on the day Chamberlain was killed and that he had made a "command decision" to record over the first seven to 10 minutes of videotape he used to document the scene after guards discovered Chamberlain had been beaten.
Deputy Sonja Moreno, Sheriff's Investigator Jose Armas and Deputy Monica Bagalayos were the first three to leave the department in the wake of the investigation. Taylor and Jason Chapluk, another deputy assigned to Chamberlain's module, remain on paid administrative leave.
tami.abdollah@latimes.com
http://www.latimes.com/news/printedition/california/la-me-ocdeputy14-2009jan14,0,5049916.story
Tuesday, January 13, 2009
Grand jury praises, criticizes
County ambulance pact, Measure H oversight are faulted
BY JACK FOLEY • The Salinas Californian • January 13, 2009
From Hartnell College to county-funded ambulance service, the 2008 Monterey County Civil Grand Jury's final report is a mix of kudos, criticism and counsel.
The report was issued Monday by Grand Jury Foreman Bruce J. Obbink. Here are some of the grand jury's findings relative to local public institutions:
--The oversight committee for Measure H, the Hartnell College bond issue passed in 2002, has not functioned in the best interest of the voters.
--The Monterey County Board of Supervisors inappropriately interfered in the management of its (ambulance) contractor, WestMed.
--The Monterey County Youth Center is not certain if its treatment program has been effective and needs to develop an evaluative criteria and tracking system.
--The jury issued a commendation for the Pacific Grove Middle School "Dot" program and encourages other county school districts to look into adopting it.
--Recommends that Monterey County take an aggressive approach to acquire funds from the Local Youthful Offender Rehabilitative Facility Construction Funding Program to replace juvenile hall.
--Commends the Carmel and Monterey emergency management leaders for activating their Emergency Operations Centers during the Jan. 4, 2008, storm and its aftermath.
http://www.thecalifornian.com/article/20090113/NEWS01/90113019
BY JACK FOLEY • The Salinas Californian • January 13, 2009
From Hartnell College to county-funded ambulance service, the 2008 Monterey County Civil Grand Jury's final report is a mix of kudos, criticism and counsel.
The report was issued Monday by Grand Jury Foreman Bruce J. Obbink. Here are some of the grand jury's findings relative to local public institutions:
--The oversight committee for Measure H, the Hartnell College bond issue passed in 2002, has not functioned in the best interest of the voters.
--The Monterey County Board of Supervisors inappropriately interfered in the management of its (ambulance) contractor, WestMed.
--The Monterey County Youth Center is not certain if its treatment program has been effective and needs to develop an evaluative criteria and tracking system.
--The jury issued a commendation for the Pacific Grove Middle School "Dot" program and encourages other county school districts to look into adopting it.
--Recommends that Monterey County take an aggressive approach to acquire funds from the Local Youthful Offender Rehabilitative Facility Construction Funding Program to replace juvenile hall.
--Commends the Carmel and Monterey emergency management leaders for activating their Emergency Operations Centers during the Jan. 4, 2008, storm and its aftermath.
http://www.thecalifornian.com/article/20090113/NEWS01/90113019
Thursday, January 8, 2009
Grand jury report rips Contra Costa's handling of labor negotiations
By Matthias Gafni
Contra Costa Times
Updated: 01/07/2009 11:21:35 PM PST
Contra Costa negotiators are so ill-equipped to negotiate with unions that an economic catastrophe could occur, the county's grand jury warned as it released its first report of the new term Wednesday.
"At a time when its unions have signaled that they intend to pursue economic business as usual, including higher wages and benefits, the county lacks a coherent negotiating strategy and trained, experienced negotiators for limiting fiscally unsustainable proposals," the six-page report said.
Fifteen union agreements expired in September, covering about 7,200 of the county's 13,000 employees. Salaries and benefits account for 56 percent of this year's general fund budget. The county and labor representatives have been meeting regularly to negotiate.
The county administrator, who has led labor negotiations since coming to Contra Costa in September, criticized the report, saying the negotiating team has already accomplished most of the eight recommendations. He also announced that the county expects to switch to a two-year budget next fiscal cycle; received a long-awaited total compensation study draft; and hired a new human resource director.
The grand jury has criticized the county's financial practices in previous reports. This report cited a lack of a clear-cut strategy and negotiation training, supervisor intervention and vacant negotiating positions as factors that could lead to financial ruin.
One senior negotiator told the grand jury the county position is "to react once we receive proposals from the unions."
County administrator David Twa called that portrayal inaccurate.
"We have a very clear and defined strategy and part of the issue was the grand jury was looking for that to be shared with them and we can't do that in good-faith bargaining," Twa said.
The report, "Economic Catastrophe Looms: Contra Costa County Continues to be Ill-Prepared for Labor Negotiations," says the county needs more consistency in its negotiating team. Twa, the interim human resources director and a hired labor negotiator have led union discussions, with assistance from the finance director, treasurer and auditor's office.
Twa has hired Human Resources Director Ted Swiek, currently heading El Dorado County's human resources department, to start Feb. 2. The county has kept the labor relations manager position unfilled to allow Swiek to name his own replacement, Twa said.
The grand jury recommends the county adopt a two-year budget, but Twa said he was already heading in that direction.
"When I was hired, one of the things they made very clear was they wanted to move toward a two-year budget and that's been my history wherever I worked," Twa said. "I hope to have it implemented by the next budget cycle."
The two-year plan, Twa says, gives the county a "longer planning horizon."
A rough draft of the much anticipated total compensation study, which compares salary and benefits of Contra Costa workers with other Bay Area employees, will be shared in closed session with supervisors in the next week or two, Twa said.
"It's one tool in our labor negotiations. It certainly won't be the be-all, end-all in the process," the county chief said.
As in previous grand jury reports, it accuses supervisors of meddling in negotiations.
"Individual supervisors have had conversations about what is being negotiated," Twa said, but insisted no discussions have undermined negotiations.
Twa updates supervisors weekly on labor negotiations in closed session.
"This is a difficult, painful year for all of us," Twa said. "Negotiations have been slow primarily because of that. Every time we think we get some place, we realize we don't know the state's budget plans yet."
http://www.contracostatimes.com/localnews/ci_11401397?nclick_check=1
Contra Costa Times
Updated: 01/07/2009 11:21:35 PM PST
Contra Costa negotiators are so ill-equipped to negotiate with unions that an economic catastrophe could occur, the county's grand jury warned as it released its first report of the new term Wednesday.
"At a time when its unions have signaled that they intend to pursue economic business as usual, including higher wages and benefits, the county lacks a coherent negotiating strategy and trained, experienced negotiators for limiting fiscally unsustainable proposals," the six-page report said.
Fifteen union agreements expired in September, covering about 7,200 of the county's 13,000 employees. Salaries and benefits account for 56 percent of this year's general fund budget. The county and labor representatives have been meeting regularly to negotiate.
The county administrator, who has led labor negotiations since coming to Contra Costa in September, criticized the report, saying the negotiating team has already accomplished most of the eight recommendations. He also announced that the county expects to switch to a two-year budget next fiscal cycle; received a long-awaited total compensation study draft; and hired a new human resource director.
The grand jury has criticized the county's financial practices in previous reports. This report cited a lack of a clear-cut strategy and negotiation training, supervisor intervention and vacant negotiating positions as factors that could lead to financial ruin.
One senior negotiator told the grand jury the county position is "to react once we receive proposals from the unions."
County administrator David Twa called that portrayal inaccurate.
"We have a very clear and defined strategy and part of the issue was the grand jury was looking for that to be shared with them and we can't do that in good-faith bargaining," Twa said.
The report, "Economic Catastrophe Looms: Contra Costa County Continues to be Ill-Prepared for Labor Negotiations," says the county needs more consistency in its negotiating team. Twa, the interim human resources director and a hired labor negotiator have led union discussions, with assistance from the finance director, treasurer and auditor's office.
Twa has hired Human Resources Director Ted Swiek, currently heading El Dorado County's human resources department, to start Feb. 2. The county has kept the labor relations manager position unfilled to allow Swiek to name his own replacement, Twa said.
The grand jury recommends the county adopt a two-year budget, but Twa said he was already heading in that direction.
"When I was hired, one of the things they made very clear was they wanted to move toward a two-year budget and that's been my history wherever I worked," Twa said. "I hope to have it implemented by the next budget cycle."
The two-year plan, Twa says, gives the county a "longer planning horizon."
A rough draft of the much anticipated total compensation study, which compares salary and benefits of Contra Costa workers with other Bay Area employees, will be shared in closed session with supervisors in the next week or two, Twa said.
"It's one tool in our labor negotiations. It certainly won't be the be-all, end-all in the process," the county chief said.
As in previous grand jury reports, it accuses supervisors of meddling in negotiations.
"Individual supervisors have had conversations about what is being negotiated," Twa said, but insisted no discussions have undermined negotiations.
Twa updates supervisors weekly on labor negotiations in closed session.
"This is a difficult, painful year for all of us," Twa said. "Negotiations have been slow primarily because of that. Every time we think we get some place, we realize we don't know the state's budget plans yet."
http://www.contracostatimes.com/localnews/ci_11401397?nclick_check=1
Saturday, January 3, 2009
Grand jury testimony pulls back curtain on Tracy embezzlement case
By Mike Martinez
Staff Writer
Posted: 01/02/2009 07:24:08 PM PST
Updated: 01/02/2009 09:49:38 PM PST
TRACY — A Tracy man spent stolen money on stays at five-star hotels in San Francisco, Hawaii, Arizona and South Carolina, while dining at the best restaurants with a paid escort earning $300-an-hour, according to grand jury testimony.
Louis Anthony Contreras, 45, was indicted by a San Joaquin County grand jury on Dec. 11 and was accused of grand theft and falsifying corporate books after embezzling $645,000 from Tracy Material Recovery over the past 12 years. Authorities originally said Contreras estimated he may have taken more than $1.8 million, but after a month of forensic computer research, the amount missing was revised downward.
Contreras worked the scales at the Tracy Material Recovery Facility and Transfer Station on MacArthur Drive, where he would accept cash payments at the scale and provide customers with receipts. He would reportedly then destroy the company's copy of the receipt and pocket the cash. With the receipts voided or destroyed, his till would balance at the end of the day, according to testimony.
The alleged scam was uncovered by Mike Repetto, the chief executive officer of Tracy Material Recovery Inc., and Contreras' brother-in-law, on Oct. 17. Repetto installed surveillance cameras in the scale house where he captured video of Contreras ripping up receipts, grabbing cash and stuffing it into a backpack, according to documents made public last month.
"It's been rough at home for me, my family, and I just feel a lot of anger," Repetto told the grand jury. "He was very trusted. And I know it's a long time to go on with things. ... And it's just a bad, I mean, I'm really — it hurts. It really hurts. And it bugs me to no end that this went on and to have a really trusted person and family member do this to me, so that's all I pretty much have to say on it."
In testimony from the closed hearing released last month, two letters written by Contreras were presented to the grand jury — one an apology to his brother-in-law, and the other a confession letter. Both were read aloud into the record, according to court transcripts.
Contreras wrote he took an average of $100,000 to $150,000 a year while working the scales at the waste recovery facility. He wrote he would spend the ill-gained cash on "five-star hotels," "girls" and "fancy dinners."
He said the more money that come in, the more he would spend.
"It was out of control," Contreras wrote. "It was getting too easy to take it, and nobody would ask any questions. ... I started to spend more and more because I knew I could get it."
He also apologized to Repetto, a man he called "the most important friend in my life."
"The pain I put you though is the worst pain in the world," Contreras wrote. "I disgraced you and the company, your family, my nieces and my family as well. I will do whatever it takes to pay you and the company back. I don't expect you to forgive me, and I deserve it. All I can say is that I'm very sorry for what I have done to you, Mike."
Contreras is due back in San Joaquin County Superior at 1:30 p.m. on Tuesday in Department 26.
http://www.insidebayarea.com/trivalleyherald/localnews/ci_11358876
Staff Writer
Posted: 01/02/2009 07:24:08 PM PST
Updated: 01/02/2009 09:49:38 PM PST
TRACY — A Tracy man spent stolen money on stays at five-star hotels in San Francisco, Hawaii, Arizona and South Carolina, while dining at the best restaurants with a paid escort earning $300-an-hour, according to grand jury testimony.
Louis Anthony Contreras, 45, was indicted by a San Joaquin County grand jury on Dec. 11 and was accused of grand theft and falsifying corporate books after embezzling $645,000 from Tracy Material Recovery over the past 12 years. Authorities originally said Contreras estimated he may have taken more than $1.8 million, but after a month of forensic computer research, the amount missing was revised downward.
Contreras worked the scales at the Tracy Material Recovery Facility and Transfer Station on MacArthur Drive, where he would accept cash payments at the scale and provide customers with receipts. He would reportedly then destroy the company's copy of the receipt and pocket the cash. With the receipts voided or destroyed, his till would balance at the end of the day, according to testimony.
The alleged scam was uncovered by Mike Repetto, the chief executive officer of Tracy Material Recovery Inc., and Contreras' brother-in-law, on Oct. 17. Repetto installed surveillance cameras in the scale house where he captured video of Contreras ripping up receipts, grabbing cash and stuffing it into a backpack, according to documents made public last month.
"It's been rough at home for me, my family, and I just feel a lot of anger," Repetto told the grand jury. "He was very trusted. And I know it's a long time to go on with things. ... And it's just a bad, I mean, I'm really — it hurts. It really hurts. And it bugs me to no end that this went on and to have a really trusted person and family member do this to me, so that's all I pretty much have to say on it."
In testimony from the closed hearing released last month, two letters written by Contreras were presented to the grand jury — one an apology to his brother-in-law, and the other a confession letter. Both were read aloud into the record, according to court transcripts.
Contreras wrote he took an average of $100,000 to $150,000 a year while working the scales at the waste recovery facility. He wrote he would spend the ill-gained cash on "five-star hotels," "girls" and "fancy dinners."
He said the more money that come in, the more he would spend.
"It was out of control," Contreras wrote. "It was getting too easy to take it, and nobody would ask any questions. ... I started to spend more and more because I knew I could get it."
He also apologized to Repetto, a man he called "the most important friend in my life."
"The pain I put you though is the worst pain in the world," Contreras wrote. "I disgraced you and the company, your family, my nieces and my family as well. I will do whatever it takes to pay you and the company back. I don't expect you to forgive me, and I deserve it. All I can say is that I'm very sorry for what I have done to you, Mike."
Contreras is due back in San Joaquin County Superior at 1:30 p.m. on Tuesday in Department 26.
http://www.insidebayarea.com/trivalleyherald/localnews/ci_11358876
Grand jury sets audit of funding for group
Nonprofit MainStreet gets money from city
By Lola Sherman, staff writer
2:00 a.m. January 3, 2009
OCEANSIDE — Prompted by a resident's complaint, a San Diego County grand jury has requested an official audit of MainStreet Oceanside, which has received $820,000 in city funds since 2000.
In a letter addressed to Mayor Jim Wood and dated Dec. 3, jury foreman Leonard D. Martin said it “has requested and authorized the San Diego County Office of Audits and Advisory Services to conduct an audit of the contracts and agreements between the city of Oceanside and MainStreet Oceanside.”
Martin said the auditor would concentrate on the period starting with the 2005-06 fiscal year. In that period, MainStreet has gotten about $400,000 in city funds.
The private, nonprofit organization oversees or sponsors events such as a weekly morning and evening farmers market, an annual Fourth of July parade and an annual Day of the Dead celebration. It also contracts with the city to manage concessions along the beach.
MainStreet Oceanside was certified in 2000 by California Main Street, part of a national network under the umbrella of the National Trust for Historic Preservation to help revitalize historic downtowns.
The jury foreman's letter said that Kenneth Mory, chief of audits, would be getting in touch with city officials. Mory could not be reached for comment.
City Attorney John Mullen said he has not heard from the auditors.
Kim Kimball, executive director of MainStreet Oceanside, said she also has heard nothing more about the audit.
Local activist Donna McGinty filed a nine-page complaint with the grand jury Sept. 17, initiating the probe.
McGinty's major complaint is that MainStreet has mingled all the funds it receives – from the city and other sources – so that it is impossible to determine exactly how taxpayers' dollars are spent. She also said city officials have done a poor job of demanding better accounting.
McGinty also questioned the role played by former MainStreet executive director Kim Heim, a licensed contractor, in some of the organization's activities, such as construction work in conjunction with its beach-vending services.
In her letter, McGinty suggested that Heim could have created a conflict of interest when he used his contractor's license in the course of planning concrete and electrical improvements for vendors in the beach area.
Heim announced in July that he would step down as executive director, but continue on a contract basis as director of special programs for MainStreet Oceanside.
“I have never used my general contractor's license for anything for MainStreet – nor have we needed to,” Heim said yesterday.
Jane McVey, the city's director of economic and community development, said yesterday that the organization can improve its accounting.
“We continue to work with them on their reporting,” McVey said.
She welcomed the audit, as did Wood, who said, “Right, wrong or indifferent, if they do an audit, we will know.”
Year-to-year figures vary, but the average annual city contribution to the organization has been $100,000. The last time the City Council considered the funding, enough questions arose for it to schedule a special workshop on MainStreet for Feb. 4 before granting it funds for fiscal 2009-10.
In a letter to McGinty, jury foreman Martin said the grand jury never discloses publicly that it is studying a matter, nor does it reveal the complainant's name. But McGinty has questioned MainStreet's use of taxpayer money at various public meetings, and provided a copy of the letter she sent to the grand jury
Her complaint covered other Oceanside issues besides MainStreet.
She also questioned the use of city funds by the Oceanside Chamber of Commerce, the California Welcome Center and the California Surf Museum.
McGinty also wrote that the council hasn't done right by a 59-acre, city-owned parcel known as Goat Hill. It contains the Center City Golf Course but was promised as a community park with a swimming pool, amphitheater and other amenities, she said.
Martin's response to McGinty mentioned only the MainStreet audit.
http://www3.signonsandiego.com/stories/2009/jan/03/1mc3jury233050-grand-jury-sets-audit-funding-group/?zIndex=31334
By Lola Sherman, staff writer
2:00 a.m. January 3, 2009
OCEANSIDE — Prompted by a resident's complaint, a San Diego County grand jury has requested an official audit of MainStreet Oceanside, which has received $820,000 in city funds since 2000.
In a letter addressed to Mayor Jim Wood and dated Dec. 3, jury foreman Leonard D. Martin said it “has requested and authorized the San Diego County Office of Audits and Advisory Services to conduct an audit of the contracts and agreements between the city of Oceanside and MainStreet Oceanside.”
Martin said the auditor would concentrate on the period starting with the 2005-06 fiscal year. In that period, MainStreet has gotten about $400,000 in city funds.
The private, nonprofit organization oversees or sponsors events such as a weekly morning and evening farmers market, an annual Fourth of July parade and an annual Day of the Dead celebration. It also contracts with the city to manage concessions along the beach.
MainStreet Oceanside was certified in 2000 by California Main Street, part of a national network under the umbrella of the National Trust for Historic Preservation to help revitalize historic downtowns.
The jury foreman's letter said that Kenneth Mory, chief of audits, would be getting in touch with city officials. Mory could not be reached for comment.
City Attorney John Mullen said he has not heard from the auditors.
Kim Kimball, executive director of MainStreet Oceanside, said she also has heard nothing more about the audit.
Local activist Donna McGinty filed a nine-page complaint with the grand jury Sept. 17, initiating the probe.
McGinty's major complaint is that MainStreet has mingled all the funds it receives – from the city and other sources – so that it is impossible to determine exactly how taxpayers' dollars are spent. She also said city officials have done a poor job of demanding better accounting.
McGinty also questioned the role played by former MainStreet executive director Kim Heim, a licensed contractor, in some of the organization's activities, such as construction work in conjunction with its beach-vending services.
In her letter, McGinty suggested that Heim could have created a conflict of interest when he used his contractor's license in the course of planning concrete and electrical improvements for vendors in the beach area.
Heim announced in July that he would step down as executive director, but continue on a contract basis as director of special programs for MainStreet Oceanside.
“I have never used my general contractor's license for anything for MainStreet – nor have we needed to,” Heim said yesterday.
Jane McVey, the city's director of economic and community development, said yesterday that the organization can improve its accounting.
“We continue to work with them on their reporting,” McVey said.
She welcomed the audit, as did Wood, who said, “Right, wrong or indifferent, if they do an audit, we will know.”
Year-to-year figures vary, but the average annual city contribution to the organization has been $100,000. The last time the City Council considered the funding, enough questions arose for it to schedule a special workshop on MainStreet for Feb. 4 before granting it funds for fiscal 2009-10.
In a letter to McGinty, jury foreman Martin said the grand jury never discloses publicly that it is studying a matter, nor does it reveal the complainant's name. But McGinty has questioned MainStreet's use of taxpayer money at various public meetings, and provided a copy of the letter she sent to the grand jury
Her complaint covered other Oceanside issues besides MainStreet.
She also questioned the use of city funds by the Oceanside Chamber of Commerce, the California Welcome Center and the California Surf Museum.
McGinty also wrote that the council hasn't done right by a 59-acre, city-owned parcel known as Goat Hill. It contains the Center City Golf Course but was promised as a community park with a swimming pool, amphitheater and other amenities, she said.
Martin's response to McGinty mentioned only the MainStreet audit.
http://www3.signonsandiego.com/stories/2009/jan/03/1mc3jury233050-grand-jury-sets-audit-funding-group/?zIndex=31334
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