SBC Grand Jury Report
SBC Grand Jury Report
SBC Grand Jury Report
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FINAL REPORT
2015-2016
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FINAL REPORT
2015-2016
EDITORIAL COMMITTEE
ALEX CONTRERAS, CHAIR
JEAN BIORDI
CLARA BOSWELL
ED JABO
MARVA X.
The Editorial Committee acknowledges and thanks the following individuals for their hard work and invaluable
assistance in the preparation of the Final Report of the 2015-2016 San Bernardino County Grand Jury:
Graphic Arts
Cover Design
Photographs
Printing Services
Typing/Preparation
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Foreperson
Secretary /Foreperson Pro Tem
Assistant Secretary
Sergeant-at-Arms
Assistant Sergeant-at-Arms
MEMBERS
Ernie Armenta
Jean Biordi
Alex Contreras
Jeane Hallin
Bruce Hollenbeck
Edward Jabo
Raul Lopez
Joe Ortiz
Robert Wesley
Dave Williford
Marva X.
Rialto
San Bernardino
Redlands
Cedarpines
Apple Valley
Mentone
Apple Valley
San Bernardino
Fontana
Redlands
Grand Terrace
FORMER MEMBERS
Allen Burt Alta Loma
Rebecca Fults - Yucaipa
Paul Gorsky - Chino Hills
Douglas Kinzle - Redlands
ADMINISTRATION
Presiding Judge
Legal Advisor
Grand Jury Assistant
Back Row (left to right): Paul Gorsky, Ruth Hankins, Robert Deao, Marva X., Ernesto Armenta,
Dave Williford
Middle Row (left to right): James Sandles, Robert Wesley, Clara Boswell, Jeane Hallin,
Jean Biordi, Alexander Contreras
Front Row (left to right): Bruce Hollenbeck, Edward Jabo, Raul Lopez, Sarah Mayne, Joe Ortiz,
Rebecca Fults
Honorable
Raymond L. Haight, III
TABLE OF CONTENTS
2015-2016
SAN BERNARDINO COUNTY GRAND JURY
FINAL REPORT
COMPLAINTS.............................................................................................................1
GRAND JURY REPORTS...........................................................................................2
CAL-Cards..............................................................................................................7
Children and Family Services.................................................................................13
City of Chino Code Compliance Division..............................................................22
City of Rialto Code Enforcement...........................................................................29
San Bernardino County Sheriffs Department
Forensic Lab & Coroners Office.......................................................................34
Transgender Support in Schools.............................................................................41
Valencia Grove Community Project.......................................................................52
RESPONSE ACCOUNTABILITY REPORTS..........................................................56
Public Administrator/Public Guardian....................................................................57
Prehospital Emergency Medical Services...............................................................59
San Bernardino County Sheriffs Department
Compliance for Handling Citizen Complaints....................................................60
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COMPLAINTS
COMPLAINTS
COMPLAINTS
The Grand Jury receives numerous citizen complaints throughout the year. Every complaint is
carefully reviewed by the Grand Jury and a determination is made regarding jurisdiction. If
jurisdiction is confirmed and the complaint warrants investigation, it is assigned to the
appropriate committee. The committee will investigate the complaint with the appropriate
oversight by the Grand Jury. At times, an Ad Hoc committee is formed to investigate specific
complaints. The complaint would then be investigated and the outcome reported to the full
Grand Jury. A written report regarding a specific complaint may or may not be included in this
year-end Grand Jury Final Report.
The process to submit a complaint is to obtain a Confidential Citizen Complaint Form from
either the Grand Jury website (http:cms.sbcounty.gov.grandjury/Home.aspx) or by calling the
Grand Jury Office at (909)387-9120. Once fully completed, the form is returned to the office.
Although the Grand Jury normally does not investigate unsigned complaints, depending on the
issue, it may conduct an investigation from an anonymous source.
The 2015-2016 Grand Jury received 35 new complaints. Of those, 13 complaints were assigned
to committees for review. Of those investigated, three investigations are included in this 20152016 Final Report. Four complaints were not within the jurisdiction of the Grand Jury, three
were anonymous, six were rejected by the Grand Jury for various reasons other than jurisdiction
and one is being referred to the 2016-2017 Grand Jury.
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REPORTS
REPORTS
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The Grand Jury is tasked with conducting operational audits and reviewing various aspects in
offices throughout San Bernardino County, which includes offices of the county, cities, special
districts and school districts. The Grand Jury divided into three separate committees in order to
optimize their time and resources. Those committees were: Cities/Special Districts, County and
Ad Hoc Special Project.
Purchasing
Real Estate
Risk Management
Human Resources-Civil Service
Permit and Resource Management Department
Public Works
Hospital
Human Services
Juvenile Dependency Court-Probation
Mental Health Services
Municipal Fire Departments
Municipal Police Departments
Preschool Services
Public Guardian
Public Health
Public K-12 School and Community College Districts
Senior Services
Special Districts (Community Service Districts and others including Water, Fire
Protection, Parks and Recreation, Street Lighting)
The 2015-2016 Grand Jury visited the following agencies/departments:
Board of Supervisors
Children and Family Services
City of Chino
City of Rialto
City of Redlands
County Counsel
County of San Bernardino Administrative Office
County of San Bernardino Assessor
County of San Bernardino Chief Executive Officer
County of San Bernardino Libraries
County of San Bernardino Facilities Management Department
County of San Bernardino Registrar of Voters
County of San Bernardino Special Districts Department
County Neighborhood Stabilization
County Jails and California State Prisons
Trona Substation
Baker Substation
REQUIRED JURISDICTIONS
The grand jury is required by statute to inquire into the following areas. These required
responsibilities all begin with "the grand jury shall. . ."
1. PC 925: "... investigate and report on the operations, accounts and records of the
officers, departments, or functions of the county including those operations, accounts and
records of any special legislative district or other district in the county created pursuant
to state law for which the officers of the county are serving in their ex officio capacity as
officers of the districts. The investigations may be conducted on some selective basis each
year. "
2. PC 919(b): "... inquire into the condition and management of the public prisons and
jails within the county."
Permitted areas of action all begin with the words "the grand jury may"
1. PC 925(a): "... examine books and records of any incorporated city or joint powers
agency located in the county ... (and may) investigate and report upon the operations,
accounts and records of the officers, departments, functions, and the method or system of
performing the duties of any such city or joint powers agency and make such
recommendations as it may deem proper and fit.
2. PC 933.5: "... examine the books and records of any special purpose assessing or
taxing district located wholly or partly in the county or the local agency formation
commission in the county, and ... may investigate and report upon the method or system
of performing the duties of such district or commission.
CAL-Cards
BACKGROUND
The Department of General Services, Procurement Division (DGS PD) oversees policies and
procedures used by all state and local agencies in their purchasing and contracting activities.
DGS PD serves as business manager for the State of California. It develops innovative
procurement solutions, including statewide contracts and services, needed to serve the State of
California. The DGS PD entered into a Participating Addendum (cooperative agreement) 7-1499-22, with US Bank National Association to purchase card services in support of the State of
California purchase CAL-Card program (Visa Purchase Card, US Bank). The agreement
provides eligible participating state and local agencies with Visa card privileges to purchase
goods and services.
School districts are eligible to participate in the program as a local agency and can use the CALCard. Policies and procedures exist to govern the use of these cards. US Bank issues a card that
bears the name of the employee and their work location. The card functions just like a personal
credit card and can be used to make purchases from all vendors accepting Visa. The cards were
issued to establish a more cost effective and expedient method of making purchases. The CALCard name was derived from an agreement between US Bank, and the State of California
General Services Department.
US Bank establishes the general policies and procedures, and user instructions are provided by
DGS PD. The DGS PD has established program requirements that state and local agencies must
follow. Local agencies establish their own policies and procedures for use of the CAL-Card
program. However, the agencies must assume all responsibility for use of the cards.
There are incentive rebates for using a CAL-Card for large ticket items, prompt payment, and
volume incentives for participating agencies. Recently, a late charge was established by US Bank
for payments received after the due date. The Grand Jury requested and received a report of late
charges.
The CAL-Card use, along with their policies and procedures, were selected as a subject of
investigation by the Grand Jury. The focus was on how policies and procedures are being
followed, with attention to card holders awareness of items that can and cannot be charged, such
as personal purchases, and what happens when the policy is not followed.
METHODOLOGY
The two Unified School Districts (USD) selected within San Bernardino County were Redlands
and Rialto. The Grand Jury scheduled interviews with personnel responsible for managing the
CAL-Card program.
FACTS
Some of the general information from the Redlands and Rialto School Districts policies indicate
they hold a procurement card agreement with US Bank for employees who purchase goods on
behalf of their district.
Use of the CAL-Card system expedites certain purchases when time is of the essence, when the
item is not in the school warehouse, or when purchase orders are not accepted. Monthly, US
Bank provides activity statements and balances for expense reimbursement.
School districts adhere to CAL-Card policies and procedures established by DGS PD. The
districts provided the Grand Jury with examples of the statements, receipts, and other documents
presented by cardholders for payment. The districts authority to obtain goods is outlined in
Education Code 38111 and Government Code 54201.
Travel and conference expenses require approval. Once the submitted charges are approved by
the Districts Fiscal Services, they are forwarded to the Countys Auditor/Controller office for
final review and issuing of a warrant that allows the district to make final payment to US Bank.
When presenting travel and conference receipts for payment, the cardholder must present the
pre-approved authorization along with the receipts and statements.
US Bank and DGS PD developed a list of Restrictive Merchants Category Codes (items that
cannot be charged on the cards). Districts are allowed to include additional prohibited items to
their own list. If school districts process an expense which is prohibited the County will not issue
a warrant for the purchase and the cardholder is responsible for the payment.
The User Guide was developed by US Bank and clearly explains in detail how the CAL-Card
can and cannot be used. US Bank provides monthly statements of CAL-Card use. CAL-Card
users are responsible for reconciling their CAL-Card purchases in a timely manner each
month. The card holder is required to include itemized receipts and a completed district expense
form. CAL-Card supervisors must review the expense form and bank statement, then sign and
forward it to Fiscal Services for processing.
Fiscal Crisis and Management Assistance Team (FCMAT) is available to provide fiscal services
and other management services to the School Districts having difficulty in meeting their CALCard obligations. Their mission is to help local educational agencies fulfill their financial and
management responsibilities through training and other related business services.
The Department of Purchasing issues the CAL-Card to authorized employees and also has the
authority to recall the card. A detailed and comprehensive Rialto CAL-Card Users Guide is
issued to each person assigned to the CAL-Card program. The Guide outlines the policies and
procedures for the use of a CAL-Card. It also contains the responsibilities of each CAL-Card
user and those in charge of the administrative process of the program.
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Fiscal Service employees are trained in the proper use and documentation of CAL-Card
expenses. Any expense not conforming to the Guide Policies and Procedures is brought to the
attention of an executive staff member. Once submitted charges are approved by Districts Fiscal
Service they are forwarded to the Countys Auditor/Controller Office for final review and
issuing of a warrant allowing the District to make final payment to US Bank.
The Grand Jury also reviewed various copies of CAL-Card expense reports. If a cardholder
submitted their CAL-Card expense reports consistently late or with errors they are reported to the
issuing authority who has the responsibility to take away their CAL-Card privileges. The signing
dates on all the expense reports received by the Grand Jury were beyond the allowed eight day
submission requirement.
The Grand Jury interviewed personnel having extensive experience, education and background
in fiscal and purchasing matters.
The procedures for issuing the CAL-Card to employees are administered by the Purchasing
Department. Card holders are restricted to administrators, office managers, department heads,
principals and teachers. Training of the cardholders and the credit limits are established by the
Purchasing Department. A bi-annual audit is conducted to ensure that the card holders are
complying with the policies and procedures of the CAL-Card program.
Bank statements are issued by US Bank. Each card holder has eight days to attach receipts and
present the statement for payment. The Purchasing Department monitors the time when
statements are received and may revoke credit card authority for users being consistently late in
presenting receipts for payments.
Procedures are in place to cancel the CAL-Card for employees leaving the district. CAL-Cards
must be applied for and are issued based on the employees credit rating. Misuse of the card may
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result in its cancellation. If the cardholder should transfer to another district, an approved official
must collect the card and return it to the Purchasing Department. Should there be a need to
replace a card, the cardholder must initiate a request. A lost card must also be reported to US
Bank Customer Service. The Purchasing Department must be notified immediately, and the card
account number will be cancelled.
There are some exceptions to purchases, but only through previous approval. Disputed
purchases/charges with a merchant are resolved between the card holder and the merchant. The
cardholder will provide a detailed description of the dispute to a US Bank representative.
FINDINGS
1.
There are adequate checks and balances for the use of CAL-Cards in both school
districts.
2.
School districts determine which staff members will be given authorization to use CALCards.
3.
Policies and procedures require the CAL-Card to bear the name of the user and their
work address.
4.
CAL-Cards are issued by US Bank and regulated by the purchasing department at each
school district pursuant to both the US Bank and the district CAL-Card user guide.
5.
Fiscal Crisis & Management Assistant Team may be used to assist school district
purchasing departments in directing the use of each CAL-Card.
6.
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7.
Travel and conference expenses require a Conference Request Form which must be preapproved.
8.
9.
When the cardholder leaves a school but remains in the district, the CAL-Card may be
kept by the user. When the user leaves the district the CAL-Card must be returned and
cancelled.
10.
There are no line item reports for late charges or incentive rebates.
RECOMMENDATIONS
16-01 Make late charges a line item report so they can be identified monthly and year-to-date.
16-02 Make incentive rebates a line item report indicating how and where they are applied
monthly and year-to-date.
Responding Agency
Recommendations
10/01/2016
10/01/2016
Due Date
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BACKGROUND
San Bernardino County Children and Family Services (CFS) has as its mission statement:
Children and Family Services (CFS) protects endangered children, preserves, and strengthens
their families, and develops alternative family settings. Services mandated by law and
regulations will be provided in the least intrusive manner with a family centered focus. This
mission is accomplished in collaboration with the family, a wide variety of public and private
agencies and members of the community.
The Goal of CFS is: ...to keep the child at home when it is safe. If it is determined that the child
is at risk, the goal is then to develop an alternative plan as quickly as possible. CFS provides
intervention and support services to families and children when allegations of child abuse,
neglect, and exploitation are substantiated in San Bernardino County.
Provider services available to children who are at risk, or have been abused or neglected, are
called Child Abuse Prevention and Treatment Services (CAPTS), a network of contracted
agencies that provide child abuse prevention, intervention and treatment services to families
involved with CFS. If abuse of a minor child(ren) is suspected, the child(ren) may be removed
from the custody of the parent(s) or guardian(s) and placed within the foster care system.
The California Department of Social Services established CFS to provide leadership and
oversight of county and community agencies in the implementation of child welfare service
programs through regulations, training, technical assistance, incentives and program evaluations.
On January 1, 2001 the California Legislature passed Assembly Bill (AB) 636, the Child Welfare
System Improvement and Accountability Act. It was designed to improve the outcomes for
children in the child welfare system while holding county and state government agencies
accountable.
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METHODOLOGY
FACTS
During interviews with CFS management and visits to field offices the subject of recording
interviews with clients was discussed. The question was raised by the Grand Jury whether the
recording of client interviews would tend to eliminate conflicts of testimony in subsequent
proceedings. While this idea was acknowledged, CFS management was uniformly opposed to the
idea of tape recording client interviews. Their reasons stated for this opposition were
confidentiality and possible intimidation of the client. No recording devices were observed in
any of the interview rooms in the CFS field offices.
During CFS field office visits the Grand Jury observed that available food items in the offices for
children being transferred consisted of snacks with questionable nutritional value. It was reported
that social workers are permitted to buy food for the children from outside sources and request
reimbursement.
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Interviews with CFS management revealed that social workers who had observed a parent under
the influence did not necessarily notify law enforcement or remove the child from the home.
In visits to field offices and interviews with management it was verified to the Grand Jury that
CFS focuses on family unification. CFS social workers have been given training on identifying
parents who are under the influence but the social workers are not furnished instant test kits that
would assist in determining the extent a parent or guardian is under the influence.
The Grand Jury investigation found areas of concern about the relationship between CFS and law
enforcement agencies. Interviews with law enforcement officers disclosed areas that potentially
hindered investigations. Law enforcement officers disclosed, and CFS management confirmed,
that CFS reports requested by law enforcement are first sent to County Counsel for review prior
to being released. Law enforcement officers stated that CFS social workers are reluctant to
remove abused and neglected children from their homes. In addition, CFS social workers
frequently do not return phone calls from law enforcement. Officers further stated that CFS does
not always inform investigating officers of the location of a child which causes delays in
investigations.
In an effort to minimize the trauma children faced going through many interviews with multiple
agencies involved in the investigations, the Child Protective Network Policy Council of San
Bernardino County explored the possibility of creating a quality comprehensive program to
provide forensic interviews and evidentiary medical exams in a child-friendly location for
sexually abused children. The Childrens Assessment Center (CAC) was established in 1992.
This center met the goals of a child-friendly location to evaluate and examine sexually abused
children. In 1994 the CAC opened in partnership between the County of San Bernardino and
Loma Linda University Childrens Hospital. In 1998 the services were extended to include
services for child victims of physical abuse.
CFS does not always advise law enforcement of a scheduled interview at CAC. If law
enforcement officers are not present, CAC cannot conduct the interviews. It was reported that
CFS social workers sometimes close cases that are criminal in nature without contacting law
enforcement investigators. Officers informed the Grand Jury that receiving redacted reports from
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CFS hinders their investigations. It was reported that CFS teletype or e-mail does not always
accurately and consistently describe the severity of the situation. CFS social workers do not
always coordinate with investigators and would contact persons of interest before officers could
initiate their on-site investigations. This reduces the effectiveness of a valuable law enforcement
tool; pretext calls. A pretext call is widely used in cases of sexual abuse of minor children. In a
pretext call, the law enforcement officer phones the person(s) of interest and invites him/her to
comment on the allegations. Often the person of interest will furnish useful information to law
enforcement officers. If the person of interest is first contacted by CFS concerning the
allegations, the individual(s) will generally not be cooperative with law enforcement officers
during a pretext call. Law enforcement officers are not normally included in Juvenile
Dependency Court proceedings involving cases they have investigated.
On June 2, 2015, the 2014-2015 Grand Jury requested files germane to an inquiry. It was
necessary to obtain Court approval for the release of these documents. In November and
December of 2015 the Court approved the release of the files to the Grand Jury. The case
documents were delivered to the Grand Jury on January 25, 2016, a period of seven months and
23 days from the date the request was submitted.
In interviews with County Counsel employees it was stated that CFS is focused on family
unification, while County Counsel would prefer the safety of the child to supersede family
unification. Additionally it was reported by law enforcement officers that CFS is interested in
keeping families together while law enforcement seeks to arrest perpetrators of child abuse.
During interviews with CFS management it was cited that CFS employee turnover in 2013-2014
was 15.5% and in 2014-2015 it was 23.8%. This turnover resulted in approximately 50% of the
staff having less than two years child welfare experience. In an interview with a law
enforcement officer it was their opinion that CFS social workers are overwhelmed by heavy
caseloads.
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The Child Welfare League of America recommends caseworkers handle no more than 12 cases
involving investigation, 17 cases of family preservation and 12-15 foster care cases.
In a written report given by CFS management it was noted that the San Bernardino County
Board of Supervisors, in September 2014, created the position of Senior Social Service
Practitioners (Sr. SSP) to provide coaching, mentoring and training for newer social workers.
It was planned to hire 65 of the Sr. SSP. At the time of the October 20, 2015 interview with CFS
senior managers only two of the 65 authorized Sr. SSP had been hired. Later, in April 2016, it
was reported by CFS management that CFS had promoted 28 employees to Sr. SSP, and that
there were 42 vacancies, with approximately 24 potential candidates for interviews.
In interviews with law enforcement and County Counsel it was stated that more training of social
workers is needed, particularly in accurate documentation writing. A large number of new social
workers require extensive training.
Risk assessment training is provided to CFS social workers by the County Counsel office. This
training was started in September 2014 and was implemented because problems in CFS that
resulted in the death of children. Risk Assessment Training consists of a six point plan which is
outlined in the Fundamental of Best Practices:
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A new program, Structured Decision Making (SDM), is being implemented in the spring of
2016. No other details on SDM were provided. It was disclosed in an interview with a County
Counsel employee that no further action has ever been initiated by the trainers of CFS employees
in order to assess the implementation and effectiveness of the training.
Management stated that CFS employees are evaluated for job performance annually.
In visits to CFS field offices it was learned that reports requested by law enforcement are
routinely sent to County Counsel for review and redaction before being released. Law
enforcement, during interviews, disclosed that redacted reports received from CFS obstruct
criminal investigations. Management disclosed that all case reviews are conducted internally.
FINDINGS
1.
2.
Law enforcement disclosed that working relations with CFS could be improved.
3.
4.
Specific case files that were requested by the Grand Jury took over seven months to be
received.
5.
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6.
CFS workers in the field are not furnished instant drug testing kits that would assist them
in determining if a parent is under the influence. CFS best practices in regard to
parents observed to be under the influence does not necessarily result in children being
removed from the home, or law enforcement being notified.
7.
Social workers in the field have heavy caseloads and tremendous turnover.
8.
Efforts to increase the ranks of Senior Social Services Practitioners have not been on
track with the goal of hiring new Senior Social Services Practitioners as of April 2016.
9.
Field offices maintain food supplies consisting of non-nutritional snacks for children
awaiting transfer.
10.
Continuous field training and documentation writing is essential for social workers.
11.
No follow up system is in place by the trainers to assess the effectiveness of the training
of social workers.
12.
13.
14.
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RECOMMENDATIONS
16-03 CFS begin a policy of audio and/or video tape recording interviews with adult clients.
16-04 Improve relations with law enforcement by expeditiously furnishing complete and
un-redacted reports.
16-05 Require assigned law enforcement case officers to Child Dependency Court proceedings.
16-06 When requested, take steps to insure documents requested by a Grand Jury are furnished
in the time specified.
16-07 When there is the slightest suspicion a child victim is in danger, family unification should
not be a factor in any decision in the protection of the child(ren). These children should
be referred to Child Assessment Center (CAC).
16-08 Furnish and train social workers on the use of instant drug kits to aid in determining if a
parent is under the influence. When the parent is under the influence, and/or there is any
danger to the child, immediately remove the child from the home.
16-09 Form a task force to determine the reasons for high social worker turnover. Review the
entire personnel hiring process, including compensation, job requirements and working
conditions to insure that CFS field offices are adequately staffed and caseloads are in line
with the Child Welfare League of America recommendations. Work with higher
education, public and private, to establish cooperative internships between CFS and the
local Colleges/Universities.
16-10 Hire the remaining vacancies authorized by the Board of Supervisors for the Sr. SSP
positions.
16-11 Stock nutritional food supplies in CFS field offices for children in transition.
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16-12 Increase training of field workers with emphasis on accurate documentation writing.
16-13 Initiate a system of reviewing the effectiveness of training of CFS social workers.
16-15 Review redaction policy on CFS reports given to law enforcement and authorized
agencies.
16-16 A local independent Oversight Review Board (non CFS personnel) be established to
monitor CFS operations.
Responding Agency
San Bernardino County Department
Of Children and Family Services
Recommendations _
16-03 through 16-16
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Due Date
10/01/2016
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BACKGROUND
The Grand Jury investigated the safety of City of Chino Code Compliance Division officers.
The inquiries of this investigation related to past and present job experience of field officers and
their managerial staff. The scope of this investigation was to inquire about safety training and
work procedures in place. Further investigation dealt with the availability of sufficient safety
equipment and communication devices.
Recent attacks by violent people or animals on code enforcement officers have been reported in
newspaper articles, radio, television, magazines, code enforcement trade publications, internet,
and the U.S. Department of Justice Civil Rights Division. Some of these reports consisted of the
following:
Long Beach, CA - code officer injured by gunshot
San Bernardino, CA - code officer injured by attack of multiple dogs
City of Commerce, CA - fatal gunshot to code officer
San Francisco, CA - had three code officer inspectors murdered in one incident
Bakersfield, CA - code officer beaten unconscious and her family later murdered by the
code violation suspect
Colorado - fatal gunshot to code officer
Memphis, TN - officer murdered in the performance of his duty
Minnesota - code officer murdered
Georgia - code officer murdered
All injuries listed above were sustained while the involved code officers were on duty.
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METHODOLOGY
The Grand Jury scheduled individual interviews with field officers and management staff of
Chino Code Compliance. Questions were asked about data documentation, timelines to
investigate complaint violations, the use of penalties, and budget recommendations to the City of
Chino. Additional questions were asked about the number of years of experience they had in this
division or similar departments. Inquiries about related or non-related prior work experience
were also made.
FACTS
Some in the Code Compliance Division (CCD) reported they had experience in building
inspection field work. They applied that work history to the CCD when they joined the division.
Various employees stated this building inspection work background was an asset in the transition
to code work. There were several that took college courses before joining the CCD. Most related
that during their initial code compliance training minimal classes were given in self-defense
techniques and first aid. First aid certification is not a requirement of the job, however, basic
first-aid training is available on a semi-annual basis.
Chinos Job Description of a Code Compliance Inspector is as follows: works under general
supervision, directs and coordinates activities related to the receipt and investigation of
complaints regarding zoning and sign ordinance violations and public nuisances, initiates
enforcement action; and performs related work as assigned. Additionally, Code Compliance
inspectors are responsible for conducting investigations and taking enforcement actions against
violators of various City codes and ordinances.
The requirements of the job are to possess a P.C. 832 Arrest, Search, and Seizure Certificate
before being appointed to the job, and possess a CACEO [California Code Enforcement Officer]
and/or Building Inspector Certificate. Inspectors and Code Officers must have a satisfactory
driving record, pass a background investigation, a physical examination, a drug screening, and
pass an administrative review.
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In the investigation process, questions were asked about the reporting, investigation,
documentation and the follow up procedures when a complaint is received by the division. All
data and documentation is stored in the division data system. This data includes the prior
inspection and complaint history regarding a house or property that is available for review by
field officers prior to a new contact by officers. It also prepares the officer for any contingencies
in the investigation or enforcement of the latest complaint. Data includes the parcel address, the
name of the owner or entity, and any notes regarding any past history of problems at the location.
When a complaint is received, it is logged and a case is opened. The assignment of a case will
depend on whether or not it is an immediate safety or health hazard. An on-site visit may be
required to determine the priority of the case. Once a notice to comply is issued to the tenant or
owner, a time frame for compliance may range from 24 hours to two weeks. The investigating
officer has the discretion to determine the compliance time, depending on the circumstances.
Monitoring the history of repeat complaints and violations is done regularly so that a
determination can be made about the safety or health aspect of the call for service to that
location. This monitoring is done by checking the database that lists all past problems at a
particular address. The information remains in the system forever, even with upgrades and
updates of software. The Chino Police Department can also offer information from their database
about past criminal activity related to an address or location. If a code officer inquires about the
safety aspect of that visit, the Police Department will provide additional information.
When asked about problems relating to properties belonging to absentee landlords, management
and field officers agreed most absentee landlords do the bare minimum to stay in compliance
when given a notice to fix a problem. It was also expressed these landlords would not live under
the same conditions they expect their tenants to live.
The Grand Jury inquired about the control of uninhabitable houses or buildings. The Building
Department determines the seriousness of the situation. CCD will yellow tag the uninhabitable
building and give a time frame for the correction of the problems. Non-compliance to fix
2015-2016 San Bernardino County Grand Jury City of Chino Code Compliance Division
25
problems may lead to placing penalties on the property, with revenues from liens and eventual
receivership going to the General Fund. Officer involved time, staff time, operating expenses are
not directly compensated to CCD by any revenues from these penalties, liens and any
receiverships of property.
Field officers indicated neighborhoods with gangs, vacant boarded up houses or buildings,
squatters, unrestrained dogs and the growing number of homeless encampments present a
potential danger. These problems have become more prevalent in recent years.
One CCD officer stated that another officer had been confronted by someone with a gun.
Another stated that a threatening letter had been sent to CCD.
The majority of the officers stated that dogs were a problem but offered no information about
having been attacked. Verbal abuse by some people contacted was normal in various cases. In
these particular instances, the de-escalation training officers received included procedures to
avoid a confrontation.
Field officers stated they use a friendly approach in the initial contact with the subject of the
complaint. A complete awareness of their surroundings is necessary at all times for safety.
Explanations were given regarding safety, self-defense and communication equipment CCD
makes available. Pepper spray, a smartphone, a camera and a police linked radio are issued to all
officers. Officers have the ability to call either a fellow officer or the police for backup,
depending on the severity of the problem. Management stated iPads will be issued to all officers
for better communication and information accessibility in the next fiscal year.
The City of Chinos CCD uniform is very similar to the citys police department uniform.
Complementing this uniform is a gold metal badge, a name badge, the CCD emblem and an
American flag patch. A soft identification card is attached by either a lanyard or a belt.
Personalized CCD business cards are also available. Uniforms are available with or without a tie.
2015-2016 San Bernardino County Grand Jury City of Chino Code Compliance Division
26
CCD officers stated that expandable batons and animal bite sticks were not issued by the
division. Some were unsure if hazardous materials suits or raid vest were available to all.
CONCLUSION
There was no hesitation in providing information as it related to their job. Without exception all
expressed the friendly approach was better than using what some described as the
confrontational approach when contacting the public. Cooperation and compliance was more
assured by a friendly attitude. It was noted that some residents or owners needed what was
described as information education. Once informed of the ramifications of the violations, most
agreed to comply quickly. The ongoing officer training by the city is beneficial to the
performance of their duties. In this ongoing training information regarding new laws,
ordinances, revised field/office procedures and recent events are made available. Both the
division and the citizens need to work together to achieve fair and logical solutions to
complaints. As a group, they expressed their satisfaction in the performance of their duties. All
expressed that CCD has a good collaborative relationship with all other city departments.
FINDINGS
1.
The City of Chino provides code officers the training necessary to be appointed to the
CCD.
2.
Certification in P.C. 832 for arrest and seizure is required by all field officers.
3.
4.
Information stored in the citys database for the CCD is helpful in determining if a
cautious approach should be taken during the initiation of an inspection.
5.
2015-2016 San Bernardino County Grand Jury City of Chino Code Compliance Division
27
6.
While some first aid is given during the course of training, First Aid Certification is not a
requirement for the job.
7.
All interviewed expressed that they used their past educational and/or past private
industry experience to assimilate to the work in CCD.
8.
Expandable batons or bite sticks to fend off surprise attacks from violent animals or
people are not provided by the division.
9.
Under or over the shirt kevlar vests are not provided to field officers.
10.
Field officers approach the potential code violators in a friendly and cautious manner.
RECOMMENDATIONS
16-17 Provide additional safety measures for personal self-defense. An expandable baton or a
bite stick can protect an officer from being trapped and attacked by an animal or violent
person.
16-18 Issue an identifiable raid vest for code officers. The vest should have the code division
name identification on the back. This would be in the event of any necessary interactive
investigations or actions with other agencies.
16-19 Provide full body hazardous materials suits and training to protect officers involved in
contamination situation investigations.
16-20 Integrate first aid training as part of their annual training program.
2015-2016 San Bernardino County Grand Jury City of Chino Code Compliance Division
28
16-21 All necessary communication devices issued to code compliance officers and the
information documented in them should be accessible by the CCD management staff and
the City of Chino officials if necessary.
Responding Agency
City of Chino
Recommendations _
16-17 through 16-21
Due Date
10/01/2016
2015-2016 San Bernardino County Grand Jury City of Chino Code Compliance Division
29
BACKGROUND
At the beginning of the 2015-2016 Grand Jury calendar year, the City of Rialto Code
Enforcement officers safety was chosen as the topic of investigation. The Rialto Code
Enforcement Department was previously managed by the Rialto Police Department (RPD). Code
Enforcement became part of the Rialto Development Services Division (RDSD) several years
ago.
When changes were made, code officers transferred from RPD reported that officer safety under
RDSD was affected. Field officers reported working conditions, equipment, uniforms and the
department attitude toward performance of duties were different. Officers confirmed that they all
had similar training. Some had limited self-defense training, some did not. All were certified in
P.C. 832 training, which is a requirement for field officers to issue citations for code violations.
This certification is a requirement for the ability to write citations. Training is also provided in
de-escalation tactics in the event of confrontational or hostile situations. When asked about how
they dealt with these adversarial situations, all the field officers stated they have been trained and
instructed to de-escalate if possible. If not possible, either walk away, leave or call for backup.
Another code officer, a Development Services Division employee, or the police can be called for
backup.
METHODOLOGY
Questions regarding the changes in field operations were a part of this Grand Jury investigation.
Questions related to past and present job experience of field officers and managerial staff were
also asked. Additionally, questions were asked about training, education, communication
equipment, safety, defense procedures, computer procedures, documentation, reporting and
response to complaints. A site tour of the Rialto Code Enforcement offices was made by the
Grand Jury.
2015-2016 San Bernardino County Grand Jury City of Rialto Code Enforcement
30
FACTS
Police type uniforms worn in the past provided a big difference in style and appearance to those
worn now. RDSD provides a casual style uniform that consists of a polo shirt with a city code
logo patch and dark gray/black slacks or cargo pants.
According to those interviewed, this different style of uniform is more comfortable to wear and
less intimidating in appearance. Once code was transferred from RPD to RDSD, the casual
uniform has been the type worn.
A gold metal badge, a soft identification badge, which may be attached to a lanyard or belt and
RDSD business cards are provided for identification. Field officers are issued gloves, booties,
decontamination spray, goggles, breathing masks, a cell phone, camera, police-linked radio and
pepper spray. It was established only one field officer is issued a smartphone, all others have a
standard cell phone issued.
In the event of contamination, a shower is available at one of the facility buildings for use by any
of the employees if necessary. When asked about hazardous material suits, some interviewed
were unsure if these were available to everyone in the department.
Code officers work alone in the field and most have extensive experience in field operations.
Officers that worked in the RPD division of code in the past stated there was more concern for
safety in the equipment provided. While under RPD they were provided bite sticks for diverting
animal attacks, under the shirt kevlar vests, raid vests and an expandable baton. Once code was
assigned to RDSD, expandable batons, vests, bite sticks and the formal police type uniforms
were no longer issued. Officers stated first aid training is not required by the department.
Field officers have designated geographical areas assigned to them. Officers stated they prefer to
use social skills and diplomacy to communicate the reason for the visit to the property or
residence. This method is used to gain trust, cooperation and compliance of the people they
2015-2016 San Bernardino County Grand Jury City of Rialto Code Enforcement
31
contact. Each contact is a separate situation in which choices must be made in resolving the
problem.
Residents and business or property owners who do not comply with correction violation time
frames may be given an extension. Depending on the circumstances the code officer has the
discretion to provide more time. Administrative Civil Penalties (ACP) are levied once it is
established there is no resolution or compliance to citations. Properties can be liened by the city
after an ACP is imposed and the time allowed to correct violations has expired. Funds received
from liens are deposited into the citys general fund.
Uninhabitable buildings will be yellow tagged. Once the time limit given to owners to correct the
violation has expired, a red tag replaces the yellow tag. These buildings will be boarded up in
cases of noncompliance to code citations. This also pertains to health or safety issues.
Vacant houses or buildings are extremely dangerous sites when investigating potential
infractions or violations. During the investigation of vacant building sites, a second code officer
or a police officer is requested to assure code officer safety. Homeless people, vagrants, vandals,
squatters, drug addicts and gangs are most likely to present a danger and reportedly heighten
stress levels. These factors have prompted management to advise officers to leave the field
before dark.
During the tour of RDSD, Grand Jury members observed potential safety factors. These factors
dealt with the vulnerability of the building and employees within it. There are large windows on
the first floor across the front of the building. There is no protection to the facility from an open
adjacent parking lot. During evening hours, when interior lighting is on, employees are highly
visible from outside.
2015-2016 San Bernardino County Grand Jury City of Rialto Code Enforcement
32
FINDINGS
1.
2.
All interviewed have used their educational background and past experience for their job
in code enforcement.
3.
Training and certification are necessary to provide the required services to the city and its
residents.
4.
The existence of large windows facing the parking lot is a safety risk to personnel.
5.
6.
7.
8.
RECOMMENDATIONS
16-24 Supply full body hazmat type suits in addition to goggles, shoe covers to use during
dangerous, unsafe, drug related, or health hazard investigations and inspections.
16-25 Erect concrete posts or vehicle barriers between the parking lot and the RDSD building to
provide protection.
2015-2016 San Bernardino County Grand Jury City of Rialto Code Enforcement
33
16-26 Install bullet proof, one-way vision glass at the Code Enforcement Offices.
16-27 Provide Smartphones or iPads linked to the Code Enforcement computer system.
16-28 Issue bright color raid vests to easier identify Code officers during a police, fire, DEA, or
Homeland Security interaction scene.
Responding Agency
City of Rialto
Recommendations _
16-22 through 16-28
2015-2016 San Bernardino County Grand Jury City of Rialto Code Enforcement
Due Date
10/01/2016
34
BACKGROUND
Coroner
The 2015-2016 Grand Jury made a determination to investigate the Sheriffs Department
Coroners office to ascertain how they operated in meeting the needs of the citizens of the county
they serve and determine if the Grand Jury needed to offer any recommendations to the
Coroners Office based on the Grand Jurys findings.
METHODOLOGY
The Grand Jury utilized the following methodologies in their investigations of the Forensic
Laboratory and Coroners Office: interviews, facility tour observations, and perusal of
department documents.
2015-2016 San Bernardino County Grand Jury San Bernardino County Sheriffs
Forensic Lab and Coroners Office
35
FACTS
The FCL has no control over the number of rape kit requests that come in from all the agencies
in the County, in addition to all the requests that are submitted by all the independent agencies in
the Inland Empire. As of September 21, 2015, staff stated their backlog is not a cut and dry
issue.
The Grand Jury was informed that the oldest rape kit is approximately five years old, and is
currently being evaluated along with 25 other rape kits for processing. These particular rape kits
may have had circumstances surrounding them that has made it necessary to give other kits more
immediate priority for examination.
Further research found the Combined DNA Index System (CODIS) contains DNA profiles of
individuals convicted of certain crimes. The DNA profile of every adult convicted of a felony is
added to the database. Each state sets its own laws governing who is entered into the database.1
The statute of limitations (SOL) on rape kits is ten years; however, there are two exceptions:
1. The rape kit is placed into the CODIS within the first two years of the offense date.
2. When a John Doe warrant is issued on the rape kit due to findings of an unknown suspects
DNA.
These two events are the only way that the SOL can be extended on rape kits.
http://www.wow.com/wiki/CODIS
2015-2016 San Bernardino County Grand Jury San Bernardino County Sheriffs
Forensic Lab and Coroners Office
36
The Grand Jury was informed that a rape kit can be kept for years with no degradation of the
content. In order to prosecute a sexual assault case that contains DNA evidence, the case must be
tried within ten years of the offense to prevent losing the case on a SOL violation.
DNA cases are logged into a computer program called Property Evidence Tracking System
(PETS). All independent agencies and San Bernardino County agencies are allowed to submit
their rape kits to the FCL. However, some agencies in the County use their own protocols for
handling rape kits and are not bound statutorily to submit their kits to the FCL
If DNA is collected and there are no crimes associated with the DNA, then the County is
prohibited from submitting those rape kits into PETS. Any unauthorized PETS submission
jeopardizes the users access of the PETS system.
Rape kits are prioritized according to the Countys case management protocols. These protocols
place sexual kits that involve child molestations and stranger rapes as top priorities. The goal is
to identify these types of assailants as soon as possible, and upload their data into the national
data bank. When it has been determined the rape kits are not to be used for prosecution, they are
kept in storage. The rape kits are prioritized according to the crime, the possibility of a case, and
the SOL that may be in effect. Juvenile victims and stranger rapes are sent to the top of the list
followed by homicides and burglaries.
The FCL is waiting for County approval for a special form that has been created to assist
cooperating agencies in submitting, prioritizing, and finding paperwork in case the information
in the rape kits is not needed for years. This will eliminate the need for analyst to go through
boxes of files and evidence, instead of thumbing through a binder to find the log that has the
needed information.
The Grand Jury was informed the procedures for handling rape kits are contained in the Case
Acceptance Policy. The process could take up to three months with up to two weeks with each
level of the chain of custody, and the review of each level to ensure correctness. The chain of
2015-2016 San Bernardino County Grand Jury San Bernardino County Sheriffs
Forensic Lab and Coroners Office
37
custody starts with the sexual assault exam, then it is sent to the lab criminologist to review the
kits. After being booked into evidence, the kits are processed for forensic evidence to create a
DNA profile and put into CODIS for a possible criminal match.
Rape kits are handled by a criminologist and then read and reviewed by other analysts to ensure
the findings and conclusions are supported by the data. The final data is submitted to an
administrative reviewer. Potentially six criminologists could be involved in handling a rape kit
during processing. The total processing can take up to three months to get a case through the
system.
There are certain levels of qualifications that are necessary to work on certain rape kits. Most
analysts either have a bachelors or masters degree to work in the lab. Each criminologist
analyst must go through the Countys training and instructions on how the Countys rape kits are
analyzed. This training is important as there are several different rape kits used in labs around
the state.
Criminologists are provided in-house training by the County of San Bernardino. They must have
the educational background and some experience, e.g., internships, and work history in the field
as a minimum qualification for the position. Even with experience from another agency, the
criminologists still need training in DNA analysis according to the standards set forth by San
Bernardino County.
Assembly Bill (AB) 1517, the Sexual Assault Victims Bill of Rights, provides law enforcement
agencies and crime labs a time frame to report and process forensic evidence from sexual assault
cases. The Grand Jury was informed that AB 1517, which took effect on January 1, 2016, has no
mandatory provisions, subsequently the County will not be adhering to AB 1517.
2015-2016 San Bernardino County Grand Jury San Bernardino County Sheriffs
Forensic Lab and Coroners Office
38
Coroner
An executive staff member informed the Grand Jury that the last time new construction of the
Coroners office was undertaken was after it had been recommended by a former Grand
Jury. Staff stated that a previous Grand Jury submitted their recommendation for construction of
the new facility which commenced in 1987 and completed in 1992. The Coroners office is
currently expanding to include additional doctor offices and a training facility.
In 2005 the Coroners Office merged with the Sheriffs Department and is now known as
Sheriff/Coroner. The merger took place as a cost savings measure to reduce redundancy in
overlapping work assignments and staffing.
The Coroners office has 19 investigators positions with two current openings. There are also
eight staff members that perform autopsies. Included in the positions is an estate administrator
who can usually locate the family members of the deceased within 24 hours.
Training for these investigators require on-going certification. There are qualified board certified
forensic pathologists, anthropologists, odontologists, deputy coroners, investigators, autopsy
assistants, sheriffs service specialists, indigent burial specialists, clerical and dedicated
volunteers that assist where needed.
The Coroners staff stated their concern is focused on how an individual died, the cause and
manner of death, and the identification of the decedent, not who committed the crime.
When a body is found, the Coroners staff will notify the family members of the deceased when
possible and will secure the individuals personal belongings. The locations of where dead
bodies are found are flagged on a map in the Coroners Office. This helps to determine if a
pattern exists of where bodies are being found, or to speculate if a serial killer is on the loose
disposing bodies within a geographical area.
2015-2016 San Bernardino County Grand Jury San Bernardino County Sheriffs
Forensic Lab and Coroners Office
39
According to Coroner staff there are approximately 13,000 deaths a year in San Bernardino
County. The Grand Jury observed bodies that were located in large refrigerated rooms. Each
body was draped in a yellow bag on a separate metal slate and tagged. When property is found
on these individuals, the property is placed in a property storage locker; and once items have
been placed in storage, the key to the storage locker is tossed into locker 16 which can only be
retrieved by one staff member who controls the chain of evidence.
FINDINGS
2.
The FCL has no control over the number of requests that comes in from various agencies
within the county and therefore cannot forecast when they will be inundated with
requests from county agencies and independent agencies within their jurisdiction.
3.
No rape kits were found to have exceeded the SOL. The oldest rape kit was five years
old while the SOL is ten years.
4.
Rape kits can exceed the SOL if they meet the following criteria:
a.
The rape kit must be placed into CODIS within the first two years of the date of
the offense.
b.
The issuance of a John Doe warrant due to the fact of an unidentifiable suspect's
DNA.
5.
Rape kits of child molestations and stranger rapes are given top priority.
6.
The County will not be adhering to AB 1517 since the Bill lacked mandatory
enforcement provisions.
2015-2016 San Bernardino County Grand Jury San Bernardino County Sheriffs
Forensic Lab and Coroners Office
40
Coroner
7.
The Sheriff/Coroners office focuses on how an individual died and the cause and manner
of death. They do not focus on who done it.
8.
RECOMMENDATIONS
16-30 The Grand Jury is recommending that the FCL adhere to the spirit contained in AB 1517
even though the bill lacks mandatory provisions.
Coroner
16-31 The Grand Jury is recommending that the Sheriff/Coroners office fill vacant positions
and offer incentives to make it more attractive for potential prospects to work in San
Bernardino as opposed to other counties in the surrounding areas.
Responding Agency
San Bernardino County
Sheriffs Department
Recommendations
16-29 through 16-31
2015-2016 San Bernardino County Grand Jury San Bernardino County Sheriffs
Forensic Lab and Coroners Office
Due Date
10/01/2016
41
BACKGROUND
Due to the increasing number of lawsuits, national in scope, the Grand Jury selected to review
the policies and procedures for the safety of lesbian, gay, bisexual and transgender (LGBT)
students, with an emphasis on transgender students, in San Bernardino County School Districts.
The lawsuits resulted in large money damages being paid to transgender students and their
parents by school districts for not complying with federal or state laws, or state and county
policies and procedures regarding transgender student safety afforded to them. The Grand Jury
wanted to determine how San Bernardino County Schools were complying with the various laws,
policies, procedures and regulations relating to transgender students; in addition, how school
districts were addressing potential construction cost (expenses) to comply with California
Assembly Bill 1266. This Bill gives transgender students the right of access to restrooms and
locker rooms based on the gender they identify with and not their sex at the time of birth.
The School Safety Coalition, a national public/private non-profit partnership, helps schools
become safe places where every child can learn, regardless of gender, gender identity or sexual
orientation. Coalition research shows transgender students often face unsafe school environments
to an even greater extent than their lesbian, gay, and bisexual peers.
42
Transgender awareness has become more prevalent today than ever before with media growth in
films and television. Wikipedia has published a list of films and television programs, whose
primary character(s) or subject matter theme is transgendered.
Court cases have found school districts liable for not protecting transgender students rights
including the use of restrooms and locker rooms, this is a subject of debate. For example, one
side includes transgender students, their parents, local and national transgender organizations and
coalitions, e.g., The School Safety Coalition, and the American Civil Liberty Union (ACLU).
Non transgender students, their parents, and religious groups represent another side believing
that student privacy rights are being violated by having to share restrooms with others who are
physically the opposite sex.
Title IX of the Federal Education Amendments of 1972, (Education Codes 32280 32289): No person in the United States shall, on the basis of sex, be excluded from
participation in, be denied the benefits of, or be subjected to discrimination under
education programs or activities receiving federal financial assistance. Schools may not
Lindenberg, M. (2012). Transgender Students: Seven Recommendations for Academic Advisors. Retrieved from
the NACADA Clearinghouse of Academic Advising Resources Web site:
http://www.nacada.ksu.edu/Resources/Clearinghouse/View-Articles/Advising-issues-for-transgender-students.aspx
43
treat individuals differently on the basis of sex with regard to any aspect of services,
benefits or opportunities it provides or subject students to separate or different rules of
behavior, sanctions, or other treatment.
California Education Code 200: Its the policy of the State of California to afford all
persons in public schools, regardless of their disability, gender, gender identity, gender
expression, nationality, race or ethnicity, religion, sexual orientation, or any other
characteristic that is contained in the definition of hate crimes set forth in Section 422.55
of the Penal Code, equal rights and opportunities in the educational institutions of the
state. Harassment on school grounds directed at an individual on the basis of personal
characteristics or status creates a hostile environment and jeopardizes equal education
opportunity as guaranteed by the California Constitution and the United States
Constitution.
California Assembly Bill (AB) 1266: Amends Section 221.5 of the California Education
Code. AB 1266 is the most controversial of all the laws or regulations because it gives
transgenders the right in California to use restrooms and locker rooms based on the
student's gender identity and not on the sex at the time of birth. AB 1266 is currently
being challenged in the courts.
California Assembly Bill (AB) 827: AB 827 was enacted in October 2015. It codified the
policy of the state that elementary and secondary school classes and courses, including
non-academic and elective classes and courses, be conducted without regard to the sex of
the pupil enrolled in these classes and courses. School districts may not prohibit a pupil
from enrolling in any class or course on the basis of the sex of the pupil except classes
under the California Healthy Youth Act (AB 329).
44
Program (SAP). Grants are made available to third party mental health and counseling
services. These agencies may submit a request or proposal to the Department of
Behavioral Health and, if funded, can provide counseling service to California schools. If
an issue does arise, the staff can contact off-site counseling services to handle any issue
including bullying, perceived race, color, ancestry, national origin, ethnic group
identification, age, religion, marital or parental status, physical or mental disability, sex,
sexual orientation and harassment.
METHODOLOGY
The Grand Jury conducted interviews within the Redlands and the Colton Unified School
Districts, the Department of the County Superintendent of Schools and the San Bernardino
County Department of Behavioral Health. The interviews in school districts included District
Administrative Staff. In addition, the Grand Jury reviewed the various laws, policies and
regulations referred to in the Background section above.
FACTS
The primary focus for the school district is academics, however, student safety and compliance
within the education codes are top priorities. District and site staff stated they are well aware of
issues relating to transgender students. There have not been any transgender issues that have
risen to the district level for assistance or resolution. No transgender issues at school sites were
brought to the attention of the district but were resolved or accommodated at the school site.
45
Due to staff turnover within the district, none of the interviewees had direct knowledge of any
transgender issues, but only what they heard from other people. CJUSD does not have a District
Student Handbook but rather allows each school to develop their own. The district staff
conveyed they are working on a uniform handbook for individual school sites to adopt. The
target date for implementation is the beginning of the 2016-2017 school year.
Those interviewed believe the general student population is accepting of transgender students.
Staff stated todays students are better able and willing to show respect for those who have
different lifestyles and orientations. They also expressed that students today live in a different era
than their parents. Continued education of parents and staff was specifically mentioned as a way
to improve the knowledge and communication regarding transgender issues.
There have not been any studies, focus groups, or planning for the potential financial impact to
districts if they were required to make building modifications if AB 1266 legislation is upheld.
All students and their parents are made aware of how to use the Uniform Complaint Procedure
(UCP) which is posted in every classroom, in all school site handbooks, and in district and
school site websites.
The district has a handbook that is given to all students and parents at the beginning of the year
containing school policies on discrimination, harassment and bullying. The district and school
staff indicate students are accepting of transgender classmates and are willing to show respect for
different lifestyles and orientations.
46
There are no specific facilities (restrooms or locker rooms) set aside for transgender students.
Requests are handled at the school sites on a case-by-case basis. Student, faculty and nurses
office restrooms are available to transgender students if accommodations are required. No
written policies or guidelines are in place for accommodating a request by transgender students.
All requests for transgender accommodations are taken seriously and the student would be
interviewed by a senior administrator who would evaluate whether the student was serious about
being transgender.
The district is well aware of the federal and state laws and policies pertaining to transgender
students and is committed to implementing and enforcing the laws. The district believes
continuing education and training are necessary on all transgender matters.
The districts insurance carrier provides various training throughout the year which includes How
to Make Schools Safe for Gay, Lesbian and Transgender Students. The American Civil Liberties
Union (ACLU) also provides training called Schools in Transition. The county and school
district personnel state that training opportunities are being taken advantage of and staff is
encouraged to attend. If counseling or intervention is needed the district has third party resources
for assistance.
School Board Policy #0410 Nondiscrimination in District and Program Activities was
adopted on February 20, 2002.
SBCSS Handbooks
The SBCSS has not conducted any financial impact analysis on the cost of facilities modification
to accommodate transgender students if AB 1266 is upheld. Funding would be the responsibility
of the individual school districts.
47
On the issue of potential lawsuits over transgender matters, the SBCSS is confident that the Joint
Powers Authority and the Risk Management Department would adequately defend the District.
There are 38 independent charter schools within the entire County. Charter schools must follow
state and federal law but are not subject to direct control or monitoring by SBCSS.
The California Interscholastic Federation (CIF) is the governing body for public high school
sports in the state of California. Guidelines for handling a variety of sports related policies and
procedures are controlled by CIF. All high schools in the district abide by CIF policies. They
have specific policies for handling transgender students in sports. If a sports related transgender
issue were to develop CIF regional representatives would assist coaches and site administrators.
A variety of student counseling services are handled at the school district level. They include
Student Assistance Program (SAP), San Bernardino Department of Behavioral Health and onsite school counselors.
At the school site level a guideline was being developed to handle requests by transgender
students, or their parents, to change the students first name to their gender identity name. On
January 4, 2016, the SBCSS distributed these new guidelines to each of the school districts.
FINDINGS
All findings were essentially the same between the two school districts and SBCSS. All findings
are reported under this heading and not listed individually.
1.
The school representatives interviewed are knowledgeable regarding student safety and
transgender issues within their districts and school sites and are in compliance with laws
and regulations regarding the safety of transgender students.
48
2.
AB 1266 requires transgender students have access to restrooms and locker rooms based
on their gender identity. The schools and district offices visited do not have unisex
restrooms or locker rooms allowing any student, including transgender student, to use
without being labeled.
3.
4.
5.
6.
The elementary schools have training programs teaching students the impact of negative
words, bad conduct and knowing right from wrong. Programs including Just Kidding
and Peacemakers are designed to encourage students to be helpful and respectful to one
another.
7.
Middle schools and high schools have Synergy Day designed to assist students in
recognizing inappropriate behavior. The program de-emphasizes transgender or gender
identity by teaching that students come in all colors, shapes, beliefs and cultures. Not
isolating any individual group teaches no one should be treated differently.
8.
In the event that any student feels threatened, harassed, bullied or intimidated there are
procedures and processes in place where students and their parents can approach any
trained administrative staff member for help.
9.
Students and parents receive a Student Handbook and/or access to the school's website
that includes information on school rules and regulations.
49
10.
Transgender students are not provided separate restrooms. If needed, they would be given
access to the nurses office or faculty restrooms.
11.
No planning or analysis has been done on the cost impact to modify or convert existing
restrooms and locker rooms into unisex facilities if AB 1266 is upheld.
12.
No planning or analysis has been done on the cost impact to modify building plans for
new construction that would require restrooms and locker rooms be unisex facilities if
AB 1266 is upheld.
13.
There is no manual in place for teachers and administrative staff at school sites to address
transgender issues.
14.
School sites and districts do not specifically identify transgender or gender identity as a
protected class in their harassment and discrimination policies. Federal law, state law and
County Department of Education includes the terms transgender or gender identity in
laws and policies.
15.
16.
Staff development training for the protection of all student rights are offered. However, it
was suggested by those interviewed more training would be helpful in supporting
teachers and administrative staff.
17.
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RECOMMENDATIONS
16-32 SBCSS create a task force to develop a unified manual to be used by administration and
staff to protect the rights of students.
16-33 SBCSS create a task force to determine construction required and fiscal impact if county
schools were required to redesign restrooms and locker rooms.
16-34 SBCSS create a task force to develop a unified student/parent handbook to ensure school
site handbooks are consistent on topics important and common to all schools
(discrimination, harassment, dress code etc.), while allowing school sites to customize for
topics unique to individual schools.
16-35 Prior to the beginning of the 2016-2017 school year, convert as many restrooms as
possible to unisex restrooms.
16-36 Include specific language acknowledging transgender or gender identity in all policies,
procedures and documents relating to discrimination, harassment and bullying.
16-37 Staff development training in protecting the rights of all students be offered. Survey
teachers and administrators in elementary, middle and high schools on training needs
which they believe would increase their knowledge and ability to properly handle
transgender situations.
16-38 Develop guidelines for determining if a student meets the definition of transgender in
considering requests for accommodations.
16-39 Colton Joint Unified School District to complete their goal of developing and
implementing a district student handbook by the beginning of the 2016-2017 school year.
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Responding Agency
San Bernardino County
Superintendent of Schools
Recommendations
16-32 through 16-34
Due Date
10/01/2016
10/01/2016
10/01/2016
52
BACKGROUND
In August 2012, the Housing Authority of the County of San Bernardino (HACSB) and Housing
Partners I, Inc. (HPI), a non-profit affiliate entity, broke ground for the project. Redlands
Valencia Grove Community Project, Phase I consisted of 85 units, a recreation center, a pool,
and three playgrounds.
On September 1, 2015, the 2015-2016 Grand Jury attended the San Bernardino County Board of
Supervisors meeting. During the meeting a senior management member of the HACSB
submitted a request to obtain approval for an additional loan of 3.2 million dollars be granted to
Redlands Valencia Grove Community Project.
The original loan from HACSB to Redlands Valencia Grove Community Project in February
2013 was for 2.0 million dollars. With the approval of additional requested loan for 3.2 million
dollars, the cost for the project now totaled 5.2 million dollars.
On September 8, 2015, the Grand Jury elected to investigate the reason for the additional funds.
METHODOLOGY
The Grand Jury interviewed a senior management member of the HACSB. An informal
interview was conducted with a staff member during a tour of the construction site to gather
information necessary to institute preventive measures to minimize large future project overrun
costs.
2015-2016 San Bernardino County Grand Jury Valencia Grove Community Project
53
FACTS
In February 2013, the HACSB loaned Redlands Valencia Grove Community Project 2.0 million
dollars for the first phase of the project, which included the widening of the northeast corner of
Lugonia Avenue and Orange Street.
Redlands Valencia Grove Community Project is an 85 family unit modular designed new
construction multi-family complex. It is replacing a 73 year old low income United States
Department of Housing and Urban Development (HUD) assisted public housing built in 1942
(the first in the county). The project is funded with four percent tax credits, tax exempt loans
(Chase Bank), tax exempt bonds and residual receipts loans from HPI, Inc., HACSB, and a grant
from Federal Home Loan Bank.
The HACSB is one of the nations most progressive and proactive housing authorities and the
largest provider of affordable housing in the County. HACSB owns 2,514 affordable housing
units located throughout the County of San Bernardino. HACSB serves in excess of 30,000
people, most of whom are seniors, disabled individuals, and children. HACSB works in
partnership with the HUD-Veterans Affairs Supportive Housing program to provide funding for
homeless veterans.
HACSB works to provide families with resources, skills and motivation to transition out of
government assisted programs into economic independence by increasing resident services. This
is coupled with new initiatives such as five-year term limits, work requirements, rent reform, and
gradual minimum rent increases for residents.
The new units will target and prioritize current resident households with incomes ranging from
zero to 60 percent of the Annual Median Income. The project includes 13 two-story buildings
complete with garages on the first floor. The completed project will consist of four onebedroom/one-bath units with 812 square feet, 11 two-bedroom/one bath units with 878 square
feet, 16 two-bedrooms/one and one half bath units with 1,089 square feet, 32 three bedroom/two
2015-2016 San Bernardino County Grand Jury Valencia Grove Community Project
54
bath units with 1,163 square feet, and 21 four-bedrooms/two bath units with 1,358 square feet.
A setback occurred when the contractor, who specializes in construction using factory built
modulars, withdrew from the project midway during construction. That contract comprised
approximately 25 percent of the overall construction cost. This brought the project to a standstill
for approximately six months and the delay resulted in the cost overruns exceeding the original
construction loan.
The City of Redlands delayed approval of the gas line connections, because of handicapped
access issues and the holidays that occurred in the month of December 2015. This resulted in
HACSB having to pay approximately $185,000 to investors in fines for failure to meet the
December 31, 2015 deadline.
A senior management member of the HACSB informed the Board of Supervisors that HPI, Inc.,
the nonprofit entity of HACSB for the project, instituted legal litigation against the contractor for
breach of contract. With the approval of additional funds, the deadline was extended for the
residents to begin moving into the new 85 units from December 31, 2015 to January 31, 2016.
FINDINGS
1.
The widening of Lugonia Avenue and Orange Street was required before construction of
the first phase could begin.
2.
The project also received additional funds with a four percent tax credit, tax-exempt
bonds, and loans from the public and private sectors, including banks.
3.
HACSB and HPI Inc. allocated 25 percent of the original overall construction cost to the
modular supply contractor who ultimately failed to perform.
2015-2016 San Bernardino County Grand Jury Valencia Grove Community Project
55
RECOMMENDATIONS
16-40 Research history of firms that submit bids for similar projects.
Responding Agency
Housing Authority
Of San Bernardino County
Recommendations
16-40 through 16-41
2015-2016 San Bernardino County Grand Jury Valencia Grove Community Project
Due Date
10/01/2016
F SAN BERNA
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RESPONSE ACCOUNTABILITY
INTRODUCTION
Each year the Grand Jury is required by California Penal Code 933(c) to submit a Final Report
to the Presiding Judge of the Superior Court with appropriate recommendations and results from
investigations conducted by the Grand Jury.
The Grand Jury chose to include a section of the Final Report this year to investigations which
reviewed prior Grand Jury reports, recommendations and responses. A Response Accountability
Report contains follow-up interviews and information gathered to determine if the agencies
and/or departments are complying with the recommendations and responses given to these prior
reports.
This section of the Final Report contains an update on the Public Administrator/Public Guardian
investigation that was contained in the 2011-2012 Grand Jury Final Report, as well as
Prehospital Emergency Medical Services and San Bernardino County Sheriffs Department
Compliance for Handling Citizen Complaints investigations that were contained in the 20122013 Grand Jury Final Report.
57
Stated: The Public Administrator and Public Guardian implement a barcode system to better
track estate property.
Answer: Yes.
The Property Division updated the Property Evidence Tracking System (PETS) to allow the
Coroners Division/Public Administrators Office to use the barcode system. The system was
updated shortly after the Grand Jury recommendation was made and it was implemented at the
Coroners Division, but not at the Public Administrators Office.
The Public Administrators Office has not implemented the barcode system to track estate
property. Once PETS was implemented at the Property Division, the Public Administrators
Office attempted to implement the system, but felt it could not be utilized to the level necessary
for the Public Administrators Office needs. They continue to explore the market for a software
program that will be able to track the stored property, the release of a portion of the property, or
when property is being appraised.
58
The Coroners Division will continue to work with the Sheriffs Department Property Division
management team and the Public Administrators Office to implement a barcode system by the
end of fiscal year 2016-2017.
59
Stated: Continue to work toward achieving a standard response time measurement through
adoption of the software package.
The County will implement this recommendation, which will create no additional cost to the
County. The County is working with the Consolidated Fire Agencies (ConFire) of the East
Valley Joint Powers Authority Communications Center to implement a pilot project for the City
of Rialto, which is expected to begin in the fall of 2013.
Answer: Yes.
The County reported to the Grand Jury that the goal of achieving standardize response time
measurement has largely been achieved by ConFires adoption of one computer aided dispatch
program that populates response data fields on the Inland Counties Emergency Medical Agency
electronic patient care report system. This results in the ability to independently monitor and
measure response times and other relevant patient information.
60
Stated: The Grand Jury recommends the department institute periodic in-service refresher
training on departmental policies and procedures for handling citizen complaints.
Stated: The Grand Jury recommends the department establish an annual internal audit process of
division/substation handling of citizen complaints including a review of logs, written
documentation and other information documenting procedural and policy compliance.
61
Answer: Yes.
As noted in the response, the Sheriffs Department continues to conduct periodic refresher
training on policies and procedures for handling citizen complaints during department staff
meetings and command staff management seminars.
As noted in the response, the IAD currently conducts an annual audit of all division/substation
citizen complaint logs. IAD also functions as the internal audit process from all citizen complaint
investigations are handled by divisions and stations. All of these investigations are routed
through IAD for review to ensure compliance with existing policies and procedures.