ISLETON, CA - The Isleton City Council met in closed session Friday night to discuss a string of subpoenas ordering city leaders to testify before the Sacramento County Grand Jury later this month about the city's approval of a large medical marijuana growing operation.
Councilmembers approved plans by a company named Delta Allied Growers to grow marijuana in several greenhouses being built in the city limits. The company has been paying the city $25,000. Earlier this week, every member of the city council was served with a subpoena to testify, as was the city manager, city attorney, and the chief and sole officer of the Isleton Police Department.
Friday's closed session was scheduled to last 15 minutes, but it ran over an hour. After the session city leaders said the same thing they said before it: they gave a permit to allow a legal business to operate, and they don't see what the big deal is.
http://www.news10.net/news/article/133995/29/Isleton-pot-plans-spark-scrutiny
Saturday, April 16, 2011
Thursday, April 14, 2011
Kern County Grand Jury reviews vector control district
Taft, Calif. —
The West Side Mosquito and Vector Control District got a positive review from the Kern County Grand Jury.
In a report issued Monday morning, the grand jury's county service and special districts committee did recommend that the local district consider consolidating with other nearby districts to save money.
The grand jury issued the four-page report following a lengthy interview with District Manager Don Black and it also researched mosquito abatement procedures.
The report said the local district, which has eight permanent employees, is one of three similar districts on the valley floor portion of Kern County and said the district should look at consolidation to save money through economy of scale.
The grand jury also recommended the district use a website to help it provide information.
Here is the entire report from the grand jury:
WEST SIDE MOSQUITO AND VECTOR CONTROL DISTRICT
PURPOSE OF INQUIRY:
The County Services and Special Districts Committee (Committee) of the 2010-2011 Kern County Grand Jury inquired into the services provided by the West Side Mosquito and Vector Control District (District) pursuant to California Penal Code §933.5.
PROCESS:
The Committee had a lengthy interview with the District Manager at the District office located at 7004 Gas Company Rd., Taft, CA prior to a short tour of the grounds. The Committee researched mosquito abatement procedures.
BACKGROUND:
The transmission of disease occurs in many ways. One means is through insects as in bubonic plague by fleas, Lyme disease by ticks and West Nile virus by mosquitoes; the insects carrying the disease are called vectors. Worldwide, mosquito borne diseases (malaria, dengue. etc.) are the leading cause of death and debilitation. Locally, West Nile virus and Equine Encephalitis (sleeping sickness) are now endemic but controlled. Control generally takes two forms; elimination of breeding habitat and eradication of mosquitoes. The two forms may be combined. No method proves to be 100% effective and overuse of some chemicals has detrimental effects on the environment. Mosquito abatement districts have been formed to provide the specialized services needed to protect citizens. Kern County Environmental Health Services also makes valuable contributions of public information and education.
The District was established as West Side Mosquito Abatement District by the Board of Supervisors Resolution of February 9, 1931, pursuant to Health & Safety Code Section 2240, et seq. The District name changed on March 8, 1991, to West Side Mosquito and Vector Control District.
FACTS:
The mosquito season usually runs from April through October depending on weather factors.
The District has eight permanent abatement employees.
Seasonal employees are hired to work the mosquito season.
The seasonal employees are supervised by full-time employees who are certified in mosquito control by the California Department of Public Health.
The District has I-9 cards on file in the office for all employees.
The current General Manager began employment with the District as an entomologist.
The District is a member of the Mosquito and Vector Control Association of California for their information and training.
The District is headquartered in the former offices of Southern California Gas Co. and contains ample room for education services.
Water sources resulting from oilfield operations present unorthodox abatement issues that the District must and does solve.
Ground rig operations are used to control smaller mosquito sources such as storm drain sumps, catch basins and curb water in residential areas, agricultural sumps, dairy wastewater holding lagoons, etc. The District has a variety of unique, specialized vehicles and equipment.
Some spraying requires multiple applications at 10 to 14 day intervals.
Larger sources are treated by air, hiring helicopter service as necessary.
Treatment of privately owned pools within the District’s budget has increased.
The District has a written policy for purchases and for disposal of District property.
The District Board of Directors (Board) is made up of five directors, one each appointed by the Cities of Maricopa and Taft and three by the Kern County Board of Supervisors. The Board meets on the third Thursday of each month at 7 pm at the district office. District Counsel (County Counsel) is present as needed
FINDINGS:
The District is one of three contiguous mosquito abatement districts in the valley floor portion of the county.
The District does not have a website.
COMMENTS:
The principal methods of controlling mosquitoes (Bacillus thuringiensis israelensis (BTI), Altosid, and mosquito fish) harm only the mosquitoes and not beneficial insects. Mosquito fish are often effective in oilfield locations. Oil is used selectively to control mosquito larvae in aquatic breeding sources that have a high organic content where BTI or Altosid would not perform well (e.g. Sewage Treatment Plant effluent) but may harm beneficial insects. Source reduction (of breeding areas) information needs to be easily available to the general public. The facility was clean and orderly. The General Manager was very cordial and cooperative.
RECOMMENDATIONS:
To take advantage of the economies of scale, the District should examine consolidation with contiguous districts.
The District should consider establishing a website as a means of disseminating information.
The District should post a copy of this report where it will be available for public review.
Persons wishing to receive an email notification of newly released reports may sign up at
PRIVATE HREF="http://www.co.kern.ca.us/grandjury" MACROBUTTON HtmlResAnchor www.co.kern.ca.us/grandjury, click on: Sign up for early releases.
Note: Present and past Kern County Grand Jury Final Reports and Responses can be accessed through the Kern County Library system and the Kern County Grand Jury website: HYPERLINK "http://www.co.kern.ca.us/grandjury" www.co.kern.ca.us/grandjury.
RESPONSE REQUIRED WITHIN 90 DAYS TO:
PRESIDING JUDGE
KERN COUNTY SUPERIOR COURT
1415 TRUXTUN AVENUE, 2ND FLOOR
BAKERSFIELD, CA 93301
cc: FOREMAN
KERN COUNTY GRAND JURY
1415 TRUXTUN AVENUE, SUITE 600
BAKERSFIELD, CA 93301
http://www.taftmidwaydriller.com/topstories/x782060180/Kern-County-Grand-Jury-reviews-vector-control-district
The West Side Mosquito and Vector Control District got a positive review from the Kern County Grand Jury.
In a report issued Monday morning, the grand jury's county service and special districts committee did recommend that the local district consider consolidating with other nearby districts to save money.
The grand jury issued the four-page report following a lengthy interview with District Manager Don Black and it also researched mosquito abatement procedures.
The report said the local district, which has eight permanent employees, is one of three similar districts on the valley floor portion of Kern County and said the district should look at consolidation to save money through economy of scale.
The grand jury also recommended the district use a website to help it provide information.
Here is the entire report from the grand jury:
WEST SIDE MOSQUITO AND VECTOR CONTROL DISTRICT
PURPOSE OF INQUIRY:
The County Services and Special Districts Committee (Committee) of the 2010-2011 Kern County Grand Jury inquired into the services provided by the West Side Mosquito and Vector Control District (District) pursuant to California Penal Code §933.5.
PROCESS:
The Committee had a lengthy interview with the District Manager at the District office located at 7004 Gas Company Rd., Taft, CA prior to a short tour of the grounds. The Committee researched mosquito abatement procedures.
BACKGROUND:
The transmission of disease occurs in many ways. One means is through insects as in bubonic plague by fleas, Lyme disease by ticks and West Nile virus by mosquitoes; the insects carrying the disease are called vectors. Worldwide, mosquito borne diseases (malaria, dengue. etc.) are the leading cause of death and debilitation. Locally, West Nile virus and Equine Encephalitis (sleeping sickness) are now endemic but controlled. Control generally takes two forms; elimination of breeding habitat and eradication of mosquitoes. The two forms may be combined. No method proves to be 100% effective and overuse of some chemicals has detrimental effects on the environment. Mosquito abatement districts have been formed to provide the specialized services needed to protect citizens. Kern County Environmental Health Services also makes valuable contributions of public information and education.
The District was established as West Side Mosquito Abatement District by the Board of Supervisors Resolution of February 9, 1931, pursuant to Health & Safety Code Section 2240, et seq. The District name changed on March 8, 1991, to West Side Mosquito and Vector Control District.
FACTS:
The mosquito season usually runs from April through October depending on weather factors.
The District has eight permanent abatement employees.
Seasonal employees are hired to work the mosquito season.
The seasonal employees are supervised by full-time employees who are certified in mosquito control by the California Department of Public Health.
The District has I-9 cards on file in the office for all employees.
The current General Manager began employment with the District as an entomologist.
The District is a member of the Mosquito and Vector Control Association of California for their information and training.
The District is headquartered in the former offices of Southern California Gas Co. and contains ample room for education services.
Water sources resulting from oilfield operations present unorthodox abatement issues that the District must and does solve.
Ground rig operations are used to control smaller mosquito sources such as storm drain sumps, catch basins and curb water in residential areas, agricultural sumps, dairy wastewater holding lagoons, etc. The District has a variety of unique, specialized vehicles and equipment.
Some spraying requires multiple applications at 10 to 14 day intervals.
Larger sources are treated by air, hiring helicopter service as necessary.
Treatment of privately owned pools within the District’s budget has increased.
The District has a written policy for purchases and for disposal of District property.
The District Board of Directors (Board) is made up of five directors, one each appointed by the Cities of Maricopa and Taft and three by the Kern County Board of Supervisors. The Board meets on the third Thursday of each month at 7 pm at the district office. District Counsel (County Counsel) is present as needed
FINDINGS:
The District is one of three contiguous mosquito abatement districts in the valley floor portion of the county.
The District does not have a website.
COMMENTS:
The principal methods of controlling mosquitoes (Bacillus thuringiensis israelensis (BTI), Altosid, and mosquito fish) harm only the mosquitoes and not beneficial insects. Mosquito fish are often effective in oilfield locations. Oil is used selectively to control mosquito larvae in aquatic breeding sources that have a high organic content where BTI or Altosid would not perform well (e.g. Sewage Treatment Plant effluent) but may harm beneficial insects. Source reduction (of breeding areas) information needs to be easily available to the general public. The facility was clean and orderly. The General Manager was very cordial and cooperative.
RECOMMENDATIONS:
To take advantage of the economies of scale, the District should examine consolidation with contiguous districts.
The District should consider establishing a website as a means of disseminating information.
The District should post a copy of this report where it will be available for public review.
Persons wishing to receive an email notification of newly released reports may sign up at
PRIVATE HREF="http://www.co.kern.ca.us/grandjury" MACROBUTTON HtmlResAnchor www.co.kern.ca.us/grandjury, click on: Sign up for early releases.
Note: Present and past Kern County Grand Jury Final Reports and Responses can be accessed through the Kern County Library system and the Kern County Grand Jury website: HYPERLINK "http://www.co.kern.ca.us/grandjury" www.co.kern.ca.us/grandjury.
RESPONSE REQUIRED WITHIN 90 DAYS TO:
PRESIDING JUDGE
KERN COUNTY SUPERIOR COURT
1415 TRUXTUN AVENUE, 2ND FLOOR
BAKERSFIELD, CA 93301
cc: FOREMAN
KERN COUNTY GRAND JURY
1415 TRUXTUN AVENUE, SUITE 600
BAKERSFIELD, CA 93301
http://www.taftmidwaydriller.com/topstories/x782060180/Kern-County-Grand-Jury-reviews-vector-control-district
San Diego County Grand jury raises questions about library school
By Maureen Magee
Monday, April 11, 2011 at 6:36 p.m.
SAN DIEGO — Plans to put a school in the new downtown library has raised questions about student safety and basic operations by the San Diego County Grand Jury, which called on Superintendent Bill Kowba to address problems identified in a report released Monday.
In its “rush to break ground” on the new central library project, civic leaders failed to anticipate “unintended consequences” of putting a school on two floors of the new central library, according to the report.
Among the concerns outlined in the report: how transients and child predators visiting the library would be kept away from students; how the campus would be protected from vandals; a lack of parking spaces (only six are designated for the school and 30 more are available for a monthly fee of $170); and questions over where students will eat lunch.
“I feel like the district should have done more research,” said grand jury Foreman Richard Carlson. “It seems like the district handed over $20 million for this thing to help the library...”
Last April, the San Diego Unified School District approved a 40-year, $20 million lease to take over the sixth and seventh floors of the library that is set to open in July 2013. That investment revived the languishing library project that was desperate for funding. The district has since committed another $10 million to design and outfit the campus that will be run by an undesignated independent charter high school.
San Diego Unified is reviewing the report and will issue a response within 90 days, as required by law.
“We will take a serious and detailed look at the recommendations,” said district spokesman Bernie Rhinerson. “We just got it. It’s too soon provide a response.”
The grand jury has urged Kowba to name the school’s charter operator before any more plans are approved for the project. Once a charter is awarded, the grand jury has recommended that the school leaders write a plan for assuring the safety of up to 400 students. The report also recommends that the district try to determine who would attend the new charter school — existing teenagers living downtown or students who are projected to be living in the city’s urban core by the time the campus opens.
maureen.magee@uniontrib.com (619) 293-1369
Online: To view the report, go to
www.sdcounty.ca.gov/grandjury
http://www.signonsandiego.com/news/2011/apr/11/grand-jury-raises-questions-about-library-school/
Monday, April 11, 2011 at 6:36 p.m.
SAN DIEGO — Plans to put a school in the new downtown library has raised questions about student safety and basic operations by the San Diego County Grand Jury, which called on Superintendent Bill Kowba to address problems identified in a report released Monday.
In its “rush to break ground” on the new central library project, civic leaders failed to anticipate “unintended consequences” of putting a school on two floors of the new central library, according to the report.
Among the concerns outlined in the report: how transients and child predators visiting the library would be kept away from students; how the campus would be protected from vandals; a lack of parking spaces (only six are designated for the school and 30 more are available for a monthly fee of $170); and questions over where students will eat lunch.
“I feel like the district should have done more research,” said grand jury Foreman Richard Carlson. “It seems like the district handed over $20 million for this thing to help the library...”
Last April, the San Diego Unified School District approved a 40-year, $20 million lease to take over the sixth and seventh floors of the library that is set to open in July 2013. That investment revived the languishing library project that was desperate for funding. The district has since committed another $10 million to design and outfit the campus that will be run by an undesignated independent charter high school.
San Diego Unified is reviewing the report and will issue a response within 90 days, as required by law.
“We will take a serious and detailed look at the recommendations,” said district spokesman Bernie Rhinerson. “We just got it. It’s too soon provide a response.”
The grand jury has urged Kowba to name the school’s charter operator before any more plans are approved for the project. Once a charter is awarded, the grand jury has recommended that the school leaders write a plan for assuring the safety of up to 400 students. The report also recommends that the district try to determine who would attend the new charter school — existing teenagers living downtown or students who are projected to be living in the city’s urban core by the time the campus opens.
maureen.magee@uniontrib.com (619) 293-1369
Online: To view the report, go to
www.sdcounty.ca.gov/grandjury
http://www.signonsandiego.com/news/2011/apr/11/grand-jury-raises-questions-about-library-school/
Wednesday, April 13, 2011
Smith finally coughs up cash to Mendocino county
By Linda Williams/TWN Staff Writer
Posted: 04/13/2011 11:42:47 AM PDT
District Attorney David Eyster delivered a check Monday to the county from Kendall Smith, chairwoman of the Mendocino County board of supervisors, to repay excessive travel expenses she claimed in 2005, ending a nearly six-year struggle by the Mendocino County grand jury to force Smith to return the overpayment.
Even though Smith gave Eyster a check made out to the county for $3,087 the amount County Auditor-Controller Meredith Ford agreed Smith was overpaid Smith continues to deny any wrongdoing.
Eyster fulfilled his campaign pledge to look into the matter, resolving a festering issue that had stymied his predecessor Meredith Lintott.
Early in her term Lintott refused to pursue the overpayment because she failed to find sufficient evidence to file criminal charges. She then dropped the matter despite Section 932 of the California Code, which requires a district attorney to recover funds owed a county when directed to do so by the county grand jury. Lintott instead told the grand jury it could sue for the return of the funds in small claims court.
The next several grand juries refused to let the matter drop, filing different requests for intervention with the California Attorney General. The CAG refused to intervene.
Eventually as the campaign for district attorney heated up, Lintott issued a letter telling Ford to withhold the $3,087 from Smith's paycheck. Ford did not think she had the authority to withhold funds from a paycheck without a court order. Ford then requested a legal opinion from County Counsel Jeanine Nadel on whether Lintott's request was valid. Nadel had to recuse herself from the issue, referring it to the Sonoma County counsel for a ruling.
The ruling came back confirming Ford needed some kind of court order to withhold funds.
Lintott then claimed either the grand jury or the county could sue for reimbursement, but would likely lose. She took no further action.
This prompted Anderson Valley Advertiser owner Bruce Anderson to sue Ford and Smith in small claims court for the overpayment on behalf of county taxpayers. In January the small claims court tossed out the case, ruling it had no jurisdiction in the matter.
In January Eyster's office launched an investigation into the issue resulting in this week's final payment.
http://www.willitsnews.com/ci_17835952
Posted: 04/13/2011 11:42:47 AM PDT
District Attorney David Eyster delivered a check Monday to the county from Kendall Smith, chairwoman of the Mendocino County board of supervisors, to repay excessive travel expenses she claimed in 2005, ending a nearly six-year struggle by the Mendocino County grand jury to force Smith to return the overpayment.
Even though Smith gave Eyster a check made out to the county for $3,087 the amount County Auditor-Controller Meredith Ford agreed Smith was overpaid Smith continues to deny any wrongdoing.
Eyster fulfilled his campaign pledge to look into the matter, resolving a festering issue that had stymied his predecessor Meredith Lintott.
Early in her term Lintott refused to pursue the overpayment because she failed to find sufficient evidence to file criminal charges. She then dropped the matter despite Section 932 of the California Code, which requires a district attorney to recover funds owed a county when directed to do so by the county grand jury. Lintott instead told the grand jury it could sue for the return of the funds in small claims court.
The next several grand juries refused to let the matter drop, filing different requests for intervention with the California Attorney General. The CAG refused to intervene.
Eventually as the campaign for district attorney heated up, Lintott issued a letter telling Ford to withhold the $3,087 from Smith's paycheck. Ford did not think she had the authority to withhold funds from a paycheck without a court order. Ford then requested a legal opinion from County Counsel Jeanine Nadel on whether Lintott's request was valid. Nadel had to recuse herself from the issue, referring it to the Sonoma County counsel for a ruling.
The ruling came back confirming Ford needed some kind of court order to withhold funds.
Lintott then claimed either the grand jury or the county could sue for reimbursement, but would likely lose. She took no further action.
This prompted Anderson Valley Advertiser owner Bruce Anderson to sue Ford and Smith in small claims court for the overpayment on behalf of county taxpayers. In January the small claims court tossed out the case, ruling it had no jurisdiction in the matter.
In January Eyster's office launched an investigation into the issue resulting in this week's final payment.
http://www.willitsnews.com/ci_17835952
Tulare County Supervisors set to respond to grand jury findings
April 12, 2011 10:26 AM
THE RECORDER
As a requirement to the release of an interim report titled “Excessive Mail Cost” by the Tulare County grand jury, the Board of Supervisors today will decide whether to approve and possibly amend, a response to the findings.
The 2010/11 report findings pertain to a single page document that was not time sensitive or private and was delivered to multiple addresses using Federal Express at a cost of $6.88 each when it could have been sent first-class mail for 44 cents or certified mail for an additional $2.80, a staff report in Tuesday’s agenda states.
The grand jury was unable to find any documented policy within the county agencies that defines the most cost-effective method to send mail and recommends that each agency investigates its mail charges on a regular basis to ensure they are meeting their best-practice goals.
Also on the agenda and up for the Board’s consideration:
The submittal of an online grant application for $500,000 by the Tulare County Sheriff’s Department for implementation of an evidence-based project to help stem gang violence in the South County;
Approval of sending a letter of request to the California Citizens Redistricting Commission asking that Tulare County be kept as an undivided district to the fullest extent possible in the state assembly, state senate and federal congressional districts.
The Board is set to meet at 9 a.m. today.
To view the full agenda, visit http://bosagendas.co.tulare.ca.us/
To listen in on today’s meeting, visit http://tulare.granicus.com/viewpublisher.php?view_id=2.
http://www.recorderonline.com/news/titled-48448-release-report.html
THE RECORDER
As a requirement to the release of an interim report titled “Excessive Mail Cost” by the Tulare County grand jury, the Board of Supervisors today will decide whether to approve and possibly amend, a response to the findings.
The 2010/11 report findings pertain to a single page document that was not time sensitive or private and was delivered to multiple addresses using Federal Express at a cost of $6.88 each when it could have been sent first-class mail for 44 cents or certified mail for an additional $2.80, a staff report in Tuesday’s agenda states.
The grand jury was unable to find any documented policy within the county agencies that defines the most cost-effective method to send mail and recommends that each agency investigates its mail charges on a regular basis to ensure they are meeting their best-practice goals.
Also on the agenda and up for the Board’s consideration:
The submittal of an online grant application for $500,000 by the Tulare County Sheriff’s Department for implementation of an evidence-based project to help stem gang violence in the South County;
Approval of sending a letter of request to the California Citizens Redistricting Commission asking that Tulare County be kept as an undivided district to the fullest extent possible in the state assembly, state senate and federal congressional districts.
The Board is set to meet at 9 a.m. today.
To view the full agenda, visit http://bosagendas.co.tulare.ca.us/
To listen in on today’s meeting, visit http://tulare.granicus.com/viewpublisher.php?view_id=2.
http://www.recorderonline.com/news/titled-48448-release-report.html
Monday, April 11, 2011
Mendocino County: Supervisor Smith pays disputed travel costs
By TIFFANY REVELLE The Daily Journal
Updated: 04/11/2011 06:19:11 PM PDT
Fourth District Supervisor Kendall Smith wrote a check to the county for the $3,087 she was overpaid for travel costs, county officials confirmed Monday.
Three previous grand juries found that Smith claimed reimbursement for business trips between her Fort Bragg home and the county seat in Ukiah from January 2005 to November 2006, when she was renting or staying with friends in Ukiah and not actually traveling.
Mendocino County District Attorney C. David Eyster delivered the check, written by Smith for the exact amount a prior grand jury deemed she was overpaid, to the county Auditor-Controller's Office Friday.
"I'm very glad to have this long, drawn-out affair over with, and I'm sure the taxpayers are, too," Eyster said Monday.
His office launched an investigation of the overpayments two weeks after he took office in January, and closed the case when Eyster received Smith's check with a letter saying the check wasn't an admission of guilt.
"It's no coincidence that the amount on the check is the same as the amount that the grand jury and the Auditor's Office said she needed to pay back," Eyster said.
The amount goes into a "prior year revenue" account that becomes part of the county's general fund, according to Assistant Auditor-Controller Lloyd Weer.
The fund is a "catch-all" where county revenue can go after that fiscal year is closed, he said.
Smith denied she was overpaid for the business travel in her responses to two prior grand jury reports, calling the county's since-changed travel reimbursement policy confusing, and claiming she believed she could claim travel costs based on a "per-diem" calculation.
Smith declined to directly answer questions about whether the amount she paid was for the travel reimbursement, or about why she paid the amount back.
Instead, she said in a written statement to the Daily Journal, "As a matter of principle I was interested in seeing this issue reviewed in court. Earlier this year it was. I gave a comprehensive statement to the court. The judge found no wrongdoing on my part and ruled in my favor. That's what I was looking for. The BOS (Board of Supervisors) travel policy in question was changed more than three years ago, my statement to the court still stands, the issue of the money has been addressed so everyone should be able to move forward now."
Bruce Anderson, publisher of the Anderson Valley Advertiser, filed a taxpayer lawsuit against Smith in small claims court in December to recoup the money for the county's taxpayers.
Mendocino County Superior Court Judge John Behnke heard the case in January, and said he would either issue an opinion that the court doesn't have jurisdiction to order Smith, as an elected official, to repay the amount, or deny Anderson's claim.
"If there is some misuse of public funds, the DA ... is supposed to investigate and exercise their discretion," Behnke said during the Jan. 5 court hearing.
Anderson's claim came after former Mendocino County District Attorney Meredith Lintott refused to prosecute Smith, saying there was no evidence that Smith meant to defraud the county.
The grand jury questioned the travel reimbursements last year, and Lintott ordered Auditor-Controller Meredith Ford to dock Smith's pay for the $3,087, noting that Ford herself calculated Smith owed that amount.
Ford said she calculated the amount at the grand jury's request, and asked for a legal opinion from County Counsel Jeanine Nadel before she would dock Smith's pay. Nadel forwarded the matter to the Sonoma County Counsel's Office, citing a conflict of interest, and that office opined that the payment couldn't be deducted from Smith's payroll checks without a court order.
"This is wonderful news," Anderson said Monday, adding that the $3,087 Smith paid back was likely "only about a third" of what she owes the county for travel reimbursements she claimed but didn't travel.
"If it were you or me, and there was a civil judgment against us, we would be ordered to pay back the amount with interest," he said.
Tiffany Revelle can be reached at udjtr@pacific.net, or at 468-3523
http://www.ukiahdailyjournal.com/ci_17821374
Updated: 04/11/2011 06:19:11 PM PDT
Fourth District Supervisor Kendall Smith wrote a check to the county for the $3,087 she was overpaid for travel costs, county officials confirmed Monday.
Three previous grand juries found that Smith claimed reimbursement for business trips between her Fort Bragg home and the county seat in Ukiah from January 2005 to November 2006, when she was renting or staying with friends in Ukiah and not actually traveling.
Mendocino County District Attorney C. David Eyster delivered the check, written by Smith for the exact amount a prior grand jury deemed she was overpaid, to the county Auditor-Controller's Office Friday.
"I'm very glad to have this long, drawn-out affair over with, and I'm sure the taxpayers are, too," Eyster said Monday.
His office launched an investigation of the overpayments two weeks after he took office in January, and closed the case when Eyster received Smith's check with a letter saying the check wasn't an admission of guilt.
"It's no coincidence that the amount on the check is the same as the amount that the grand jury and the Auditor's Office said she needed to pay back," Eyster said.
The amount goes into a "prior year revenue" account that becomes part of the county's general fund, according to Assistant Auditor-Controller Lloyd Weer.
The fund is a "catch-all" where county revenue can go after that fiscal year is closed, he said.
Smith denied she was overpaid for the business travel in her responses to two prior grand jury reports, calling the county's since-changed travel reimbursement policy confusing, and claiming she believed she could claim travel costs based on a "per-diem" calculation.
Smith declined to directly answer questions about whether the amount she paid was for the travel reimbursement, or about why she paid the amount back.
Instead, she said in a written statement to the Daily Journal, "As a matter of principle I was interested in seeing this issue reviewed in court. Earlier this year it was. I gave a comprehensive statement to the court. The judge found no wrongdoing on my part and ruled in my favor. That's what I was looking for. The BOS (Board of Supervisors) travel policy in question was changed more than three years ago, my statement to the court still stands, the issue of the money has been addressed so everyone should be able to move forward now."
Bruce Anderson, publisher of the Anderson Valley Advertiser, filed a taxpayer lawsuit against Smith in small claims court in December to recoup the money for the county's taxpayers.
Mendocino County Superior Court Judge John Behnke heard the case in January, and said he would either issue an opinion that the court doesn't have jurisdiction to order Smith, as an elected official, to repay the amount, or deny Anderson's claim.
"If there is some misuse of public funds, the DA ... is supposed to investigate and exercise their discretion," Behnke said during the Jan. 5 court hearing.
Anderson's claim came after former Mendocino County District Attorney Meredith Lintott refused to prosecute Smith, saying there was no evidence that Smith meant to defraud the county.
The grand jury questioned the travel reimbursements last year, and Lintott ordered Auditor-Controller Meredith Ford to dock Smith's pay for the $3,087, noting that Ford herself calculated Smith owed that amount.
Ford said she calculated the amount at the grand jury's request, and asked for a legal opinion from County Counsel Jeanine Nadel before she would dock Smith's pay. Nadel forwarded the matter to the Sonoma County Counsel's Office, citing a conflict of interest, and that office opined that the payment couldn't be deducted from Smith's payroll checks without a court order.
"This is wonderful news," Anderson said Monday, adding that the $3,087 Smith paid back was likely "only about a third" of what she owes the county for travel reimbursements she claimed but didn't travel.
"If it were you or me, and there was a civil judgment against us, we would be ordered to pay back the amount with interest," he said.
Tiffany Revelle can be reached at udjtr@pacific.net, or at 468-3523
http://www.ukiahdailyjournal.com/ci_17821374
Solano County grand jury looking for volunteers
Times-Herald staff report/
Posted: 04/11/2011 01:01:15 AM PDT
The Solano County grand jury is seeking volunteers to serve on the 2011-2012 civil grand jury.
Residents who have lived in the county for one year, are U.S. citizens and are at least 18 may apply.
The civil grand jury is an arm of the Superior Court. Jurors conduct investigations and may examine all aspects of county and city government as well as special and school districts.
As part of its function, the grand jury also looks into citizen complaints alleging suspicion of governmental misconduct or inefficiencies.
Grand jury service requires a minimum of 10 to 25 hours per week.
Those interested can contact Florinda Itchon at (707) 435-2575, or visit www.solanocourts.com to obtain an application online.
Deadline to apply is May 2.
http://www.timesheraldonline.com/news/ci_17817784
Posted: 04/11/2011 01:01:15 AM PDT
The Solano County grand jury is seeking volunteers to serve on the 2011-2012 civil grand jury.
Residents who have lived in the county for one year, are U.S. citizens and are at least 18 may apply.
The civil grand jury is an arm of the Superior Court. Jurors conduct investigations and may examine all aspects of county and city government as well as special and school districts.
As part of its function, the grand jury also looks into citizen complaints alleging suspicion of governmental misconduct or inefficiencies.
Grand jury service requires a minimum of 10 to 25 hours per week.
Those interested can contact Florinda Itchon at (707) 435-2575, or visit www.solanocourts.com to obtain an application online.
Deadline to apply is May 2.
http://www.timesheraldonline.com/news/ci_17817784
San Mateo Civil grand jury gives crime lab high marks
April 08, 2011, 05:15 AM By Michelle Durand Daily Journal Staff Report
The county’s crime lab gets high marks from the civil grand jury which lauds its recent accreditation but recommends developing a way for law enforcement and prosecutors to better track evidence.
The San Mateo County Forensic Laboratory doesn’t provide regular training to local law enforcement agencies on new forensic techniques or have a secure online way for authorities to get and give up-to-date information on the state of cases under investigation, the grand jury concluded in a report released yesterday.
The jury recommends the lab develop both.
At the time of the report’s completion, communication between the lab, law enforcement and the District Attorney’s Office on evidence analyses and turnaround times was done primarily through direct phone calls with Director Alex Karagianes. On occasion, the lack of “robust and updated communication” between the lab and prosecutors has “led to confusion” about processing, trial schedules and analyses delivery dates, the report states.
Between 2007 and 2010, the lab processed an annual average of 12,100 items which are tracked using an internal, lab-access-only information system. The limited access leaves law enforcement agencies and the District Attorney’s Office left to make inquiries by phone during regular business hours.
“It’s always been envisioned to have real-time communication, a way to let clients have access,” Karagianes said.
The software company that sold the lab its system is in the process of developing such a model and said it is expected “soon” although there is not a specific timeline, Karagianes said.
An unknown is if the update will be part of the lab’s current maintenance contract or require purchase. Sheriff Greg Munks is hopeful it will be free because the county serves as a beta site for the company but said he is prepared to pay for the update if necessary.
Currently, the situation is “kind of old school with phone calls and emails,” he said.
However, he and District Attorney Steve Wagstaffe said the communication is much improved.
In the past — the “paper world,” as Wagstaffe deemed it — reports would get lost or misplaced and signals got crossed.
“They’ve done an excellent job of correcting that,” he said.
One outstanding feature still needed is being alerted when new reports are generated, he said.
The jury also recommended the lab offer regular or standard training on forensic techniques and crime scene investigation. Karagianes said training is offered but on a more as-needed basis for agencies and individuals rather than on a more formal schedule.
“We tend to rely on our client agencies to tell us when they need it,” Karagianes said.
Another challenge is that each agency has their own needs, he said.
The crime lab serves several jurisdictions in the county and some non-county agencies, provided services including ballistics, toxicology, fingerprint, DNA analyses and crime scene processing.
Last fiscal year, the lab received $4.21 million from the Sheriff’s Office budget and generated another $1.12 million in lab fees.
The lab director is appointed by the sheriff and oversees a staff of 31.5 full-time equivalent positions and qualified interns.
The civil grand jury last looked at the crime lab in 2006 when the recommendations included receiving independent accreditation. The lab met this goal Sept. 11, 2010 from the American Society of Crime Laboratory Directors/Laboratory Accreditation Board. The accreditation is valid until 2015.
Previously, grand jury reports were not as glowing as the assessment issued yesterday.
“This report culminates 12 to 15 years of real hard work to overcome the prior deficiencies,” Munks said.
In October 2000, the jury found the former crime lab was seismically unsafe, did not meet health or safety codes and had inadequate plumbing and potentially unsafe electric wiring. The 75-year-old building was also infested with the Stachey-Botris mold which sickened employees. The new LEED-certified lab broke ground the following year.
Civil grand jury reports carry no legal weight but recipients are required to respond in writing within 90 days.
Michelle Durand can be reached by e-mail: michelle@smdailyjournal.com or by phone: (650) 344-5200 ext. 102.
http://www.smdailyjournal.com/article_preview.php?id=156260&title=Civil%20grand%20jury%20gives%20crime%20lab%20high%20marks
The county’s crime lab gets high marks from the civil grand jury which lauds its recent accreditation but recommends developing a way for law enforcement and prosecutors to better track evidence.
The San Mateo County Forensic Laboratory doesn’t provide regular training to local law enforcement agencies on new forensic techniques or have a secure online way for authorities to get and give up-to-date information on the state of cases under investigation, the grand jury concluded in a report released yesterday.
The jury recommends the lab develop both.
At the time of the report’s completion, communication between the lab, law enforcement and the District Attorney’s Office on evidence analyses and turnaround times was done primarily through direct phone calls with Director Alex Karagianes. On occasion, the lack of “robust and updated communication” between the lab and prosecutors has “led to confusion” about processing, trial schedules and analyses delivery dates, the report states.
Between 2007 and 2010, the lab processed an annual average of 12,100 items which are tracked using an internal, lab-access-only information system. The limited access leaves law enforcement agencies and the District Attorney’s Office left to make inquiries by phone during regular business hours.
“It’s always been envisioned to have real-time communication, a way to let clients have access,” Karagianes said.
The software company that sold the lab its system is in the process of developing such a model and said it is expected “soon” although there is not a specific timeline, Karagianes said.
An unknown is if the update will be part of the lab’s current maintenance contract or require purchase. Sheriff Greg Munks is hopeful it will be free because the county serves as a beta site for the company but said he is prepared to pay for the update if necessary.
Currently, the situation is “kind of old school with phone calls and emails,” he said.
However, he and District Attorney Steve Wagstaffe said the communication is much improved.
In the past — the “paper world,” as Wagstaffe deemed it — reports would get lost or misplaced and signals got crossed.
“They’ve done an excellent job of correcting that,” he said.
One outstanding feature still needed is being alerted when new reports are generated, he said.
The jury also recommended the lab offer regular or standard training on forensic techniques and crime scene investigation. Karagianes said training is offered but on a more as-needed basis for agencies and individuals rather than on a more formal schedule.
“We tend to rely on our client agencies to tell us when they need it,” Karagianes said.
Another challenge is that each agency has their own needs, he said.
The crime lab serves several jurisdictions in the county and some non-county agencies, provided services including ballistics, toxicology, fingerprint, DNA analyses and crime scene processing.
Last fiscal year, the lab received $4.21 million from the Sheriff’s Office budget and generated another $1.12 million in lab fees.
The lab director is appointed by the sheriff and oversees a staff of 31.5 full-time equivalent positions and qualified interns.
The civil grand jury last looked at the crime lab in 2006 when the recommendations included receiving independent accreditation. The lab met this goal Sept. 11, 2010 from the American Society of Crime Laboratory Directors/Laboratory Accreditation Board. The accreditation is valid until 2015.
Previously, grand jury reports were not as glowing as the assessment issued yesterday.
“This report culminates 12 to 15 years of real hard work to overcome the prior deficiencies,” Munks said.
In October 2000, the jury found the former crime lab was seismically unsafe, did not meet health or safety codes and had inadequate plumbing and potentially unsafe electric wiring. The 75-year-old building was also infested with the Stachey-Botris mold which sickened employees. The new LEED-certified lab broke ground the following year.
Civil grand jury reports carry no legal weight but recipients are required to respond in writing within 90 days.
Michelle Durand can be reached by e-mail: michelle@smdailyjournal.com or by phone: (650) 344-5200 ext. 102.
http://www.smdailyjournal.com/article_preview.php?id=156260&title=Civil%20grand%20jury%20gives%20crime%20lab%20high%20marks
Sunday, April 3, 2011
Yolo County releases partial grand jury report
By GEOFF JOHNSON and KATHERINE JARVIS
Created: 04/02/2011 02:34:09 AM PDT
The Yolo County Grand Jury released part of its 2010-11 report on Friday, awarding high marks to the Yolo County Jail and Juvenile Hall and investigating four other county agencies.
n Jail staff followed proper procedures when confronted by inmate suicides in May and December 2010, the jury ruled.
Both inmates killed themselves through asphyxiation but showed no signs of suicidal tendencies before or during incarceration, according to the report.
Each death triggered a jail-wide lockdown. The location of each death was treated as a crime scene where only clinical responders and Sheriff's management were allowed on-scene. Inmates in the immediate area were tracked, the Sheriff and District Attorney were quickly notified and the County Coroner worked to identify the next of kin as soon as possible, according to the report.
All staff involved recorded their observations and all jail logs were turned in to the California Department of Justice. The department has yet to contact the jail, according to the report.
Officials still struggle with inmate overcrowding and early inmate releases but Yolo County Jail staff is "proactive in determining which inmates are to be released from custody," according to the report.
The report called the building exteriors "clean and well maintained" and commended efforts to reduce electricity costs through solar panels.
n Yolo County Juvenile Hall staff, programs and facilities are "exemplary," according to the report.
Some 97 percent of youths attend classes, including literacy classes and GED testing. One juvenile in the care of the facility was the first in the nation to earn a GED while in detention for immigration issues, according to the report.
Medical care is readily available, with an on-call physician available 24 hours a day. All medical, dental and health evaluations are conducted within 96 hours of incarceration, according to the report.
At the federal level, the facility is also earning a "positive national reputation" because it holds out-of-state juvenile offenders awaiting resolution on immigration issues, according to the report.
n The Woodland Police Department's towing policy is fair and officials have the "best interests of the community and public safety in mind," according to the report. The jury investigated the department after a citizen complaint. Dispatch staff are fair in their choice of towing companies, maintaining a rotating list of companies, according to the report.
n The Yolo County Housing Authority took last year's recommendations and improved resident safety at the Riverbend Senior Manor in West Sacramento, according to the report. Officials now provide training for the facility's emergency pull-cord system, respond to safety complaints with written responses and lock the gates at night.
n Allegations that Yolo County landscaping and maintenance crews were arriving late, clocking out early and lying on their timecards proved false, according to the report.
Employees in the county's Department of General Services are allowed modified schedules, including 10-hour days and four-day weeks. Combined with the fact that these employees often lack computers, meaning they miss email updates on policy, contributed to suspicions between employees, according to the report.
By the end of the investigation employees were all up-to-date on policy and morale had improved, according to the report.
The jury recommended, however, that the county should implement electronic timekeeping to avoid future conflicts and limit the potential for fraud.
The remainder of the reports will be released June 30. The county is currently looking for grand jurors to serve in 2011-12.
http://www.dailydemocrat.com/news/ci_17758286
Created: 04/02/2011 02:34:09 AM PDT
The Yolo County Grand Jury released part of its 2010-11 report on Friday, awarding high marks to the Yolo County Jail and Juvenile Hall and investigating four other county agencies.
n Jail staff followed proper procedures when confronted by inmate suicides in May and December 2010, the jury ruled.
Both inmates killed themselves through asphyxiation but showed no signs of suicidal tendencies before or during incarceration, according to the report.
Each death triggered a jail-wide lockdown. The location of each death was treated as a crime scene where only clinical responders and Sheriff's management were allowed on-scene. Inmates in the immediate area were tracked, the Sheriff and District Attorney were quickly notified and the County Coroner worked to identify the next of kin as soon as possible, according to the report.
All staff involved recorded their observations and all jail logs were turned in to the California Department of Justice. The department has yet to contact the jail, according to the report.
Officials still struggle with inmate overcrowding and early inmate releases but Yolo County Jail staff is "proactive in determining which inmates are to be released from custody," according to the report.
The report called the building exteriors "clean and well maintained" and commended efforts to reduce electricity costs through solar panels.
n Yolo County Juvenile Hall staff, programs and facilities are "exemplary," according to the report.
Some 97 percent of youths attend classes, including literacy classes and GED testing. One juvenile in the care of the facility was the first in the nation to earn a GED while in detention for immigration issues, according to the report.
Medical care is readily available, with an on-call physician available 24 hours a day. All medical, dental and health evaluations are conducted within 96 hours of incarceration, according to the report.
At the federal level, the facility is also earning a "positive national reputation" because it holds out-of-state juvenile offenders awaiting resolution on immigration issues, according to the report.
n The Woodland Police Department's towing policy is fair and officials have the "best interests of the community and public safety in mind," according to the report. The jury investigated the department after a citizen complaint. Dispatch staff are fair in their choice of towing companies, maintaining a rotating list of companies, according to the report.
n The Yolo County Housing Authority took last year's recommendations and improved resident safety at the Riverbend Senior Manor in West Sacramento, according to the report. Officials now provide training for the facility's emergency pull-cord system, respond to safety complaints with written responses and lock the gates at night.
n Allegations that Yolo County landscaping and maintenance crews were arriving late, clocking out early and lying on their timecards proved false, according to the report.
Employees in the county's Department of General Services are allowed modified schedules, including 10-hour days and four-day weeks. Combined with the fact that these employees often lack computers, meaning they miss email updates on policy, contributed to suspicions between employees, according to the report.
By the end of the investigation employees were all up-to-date on policy and morale had improved, according to the report.
The jury recommended, however, that the county should implement electronic timekeeping to avoid future conflicts and limit the potential for fraud.
The remainder of the reports will be released June 30. The county is currently looking for grand jurors to serve in 2011-12.
http://www.dailydemocrat.com/news/ci_17758286
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