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A. MIRIAM JAMISON CHILDREN’S CENTER PURPOSE OF INQUIRY The Health, Education and Social Services Committee and the Law and Justice Committee (Committees) inquired into the services provided by the A. Miriam Jamison Children’s Center (Center) pursuant to California Penal Code §925. The Center was last visited by the Kern County Grand Jury in 2002. PROCESS: The Committees met with the Program Director of the Jamison Center and The Jess Diamond Assessment Center on September 28, 2009. A tour was conducted of the Jess Diamond Assessment Center consisting of a reception area, nurse’s office, medical exam rooms and shower/bathing facilities. The tour of the Center included bedrooms, recreation rooms, cafeteria, classrooms and outdoor recreation areas. Follow-up phone calls were made to the Program Director to gather additional information. BACKGROUND: The Center, located at 1010 Shalimar Drive, Bakersfield California, was established in 1982 to provide 24-hour emergency shelter care for children up to age 18. The Center is licensed to operate under Title 22 of the California Code of Regulations. The Vision statement of Jamison Center is "To provide children who need emergency shelter and protection a safe, warm and nurturing environment.” FINDINGS: 1. The facility is comprised of two main buildings plus two portable classrooms and

buildings for storage.

2. The Center works in conjunction with Kern County Superintendent of Schools-Courts Division, the Jess Diamond Assessment Center and Assessment Team, with the addition of community and volunteer support.

3. Children are brought to the Center for various reasons including but not limited to suspected physical or sexual abuse, suspected neglect or exploitation, or incapacity of care giver(s) due to illness, accident or arrest. Children are brought to the Jamison Center by Law Enforcement, Child Protective Services, Social Workers and the Probation Department. Civilians may bring in children and wait for Law Enforcement to respond.

4. The process of intake begins at the Jess Diamond Assessment Center and includes a short orientation video narrated by a ten year old girl, a medical exam, a shower and clean clothes.

5. The Center’s Assessment Team meets monthly and includes Human Services-Child

Protective Services, County Counsel of Kern, Forensic Interviewers, Kern County District Attorney, Kern County Sheriff’s Office, Bakersfield Police Department, Kern County Medical Center, and Kern County Mental Health Department.

6. The Jamison Center received a Group Home License on July 31, 2001. The Center

takes in an average of 2,500 children annually and has a bed capacity of 56. The average length of stay is 10 days with a range of a few hours to as long as several weeks. Children from infancy to five years old stay no longer than six hours.

7. The Jamison Center has a year-round school for Kindergarten through 12th grade

and is operated on the premises by the Kern County Superintendent of Schools-Courts Division. The two portable classrooms are each staffed with a teacher and an aide; there is one substitute teacher available.

8. The children participate in a variety of activities in the community including field

trips to local athletic events, recreational activities, and visits to amusement parks, movies, bowling, restaurants and beach visits. Field trips are paid for by the Trust Fund generated by the County General Fund.

9. Volunteers are currently involved in the Jamison Center on a weekly basis. Various service organizations and local church members volunteer time and talents to help meet the needs of the Center. Volunteers assist the children in play activities, sponsoring special events such as carnivals, barbeques, arts and craft socials, holiday activities and parties.

10. The Jamison Foundation, (Foundation), a 501 (c) (3) was founded in December 1992 and is the primary benefactor of the Center. The Foundation provides for enhancements not covered by the County General Fund and raises funds from business and private donations.

11. The Committee found a variety of child friendly furniture, toys and games indoors,

in addition to a computer lab and TV room. Furniture in the recreation room and multipurpose room was in need of repair.

12. The outdoor play area for the older children was equipped with a basketball court, a

black top play area, benches, water misting system and a large grass area with trees. A play structure in a separate area for the younger children lacked shade. The Director stated the younger children found the play structure too hot to use in the summer months.

13. The Committees found the grass areas around the facility in need of mowing. The Director stated maintenance required coordination with groundskeepers as there has been noise interference with the taping of interviews.

14. Exterior lights, particularly along the east side fence, are in need of repair. 15. The Director stated the chain link fence along Shalimar Drive provided security but

not privacy for the children. The fence in the northwest corner is the area most often used by older children to run away from the facility.

COMMENTS: The Kern County Department of Human Services should be commended for the operation of the Jamison Center. The Committees found the Center to be fundamentally sound in providing a safe environment for at-risk children. The facility is a warm and inviting environment for children. The original artwork painted on the walls is a positive addition to the surroundings and continues to be a positive work in progress. The Center has recreation, craft, and computer rooms that are available to various age groups. There are designated group counselors for the purpose of scheduling activities for the children. The Director stated the need for a “23 Hour Facility”; one that works on finding extended genetically linked families in less than 24 hours, rather than placement at Jamison or foster care. Information on A. Miriam Jamison Center can be found on their website http://www.co.kern.ca.us/dhs/ChildWelfareServices/jamison_center.html RECOMMENDATIONS:

1. The furniture in the recreation rooms is in need of repair. The Jamison Foundation may be a source of funding. Another option may be Kern County Purchasing Department for surplus furniture.

2. The kindergarten through third grade children’s playground, outside the

residential area, should have a protective covering so the equipment can be used year- round. The Jamison Foundation may be a funding source.

3. Privacy slats are recommended to be added to the current four foot high chain

link fence running along Shalimar Drive. This will provide additional privacy and safety for the children. The Jamison Foundation may be able to provide funds for the slats.

4. Attention is needed to the entire landscaped area around the Jamison Center,

specifically, the grass was in need of mowing the day of the visit.

The Jamison Center should post a copy of this report where it will be available for public review. Note: Present and past Kern County Grand Jury Final Reports and Responses can be accessed on the Kern County Grand Jury website: www.co.kern.ca.us/grandjury Persons wishing to receive an email notification of newly released reports may sign up at www.co.kern.ca.us/grandjury, click on: Sign up for early releases 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

DELANO UNION SCHOOL DISTRICT BOARD OF TRUSTEES

PURPOSE OF INQUIRY:

The Health, Education and Social Services Committee (Committee) of the 2009-2010 Kern County Grand Jury investigated the Delano Union School District (DUSD) Board of Trustees (Board) in response to two citizen complaints, one in 2007 and one in 2009, pursuant to Penal Code §925 and §933.5 relative to the lack of attendance of one Trustee and the resulting perception of a gift of public funds.

PROCESS:

The Committee interviewed the Superintendent of DUSD and four of five members of the Board Trustees (Trustees); researched California Government Code, California Education Codes §35120 and §5090, and complete Bylaws of the Governing Board (Board) for the DUSD; reviewed Board Minutes, Board Financial Summaries of the DUSD, the California Form 700 submitted by each of the Board members, and the 2007-2008 Kern County Grand Jury Final Report THE DELANO UNION SCHOOL DISTRICT; and attended a Board meeting February 9, 2010. Numerous documents were requested and received concerning background information on the DUSD.

BACKGROUND:

The Committee of the 2007-2008 Kern County Grand Jury initially investigated a citizen’s complaint on the actions of the DUSD Board of Trustees. One aspect of the complaint concerned a Trustee of DUSD whose significant health issues have resulted in ongoing absences from Board meetings and the alleged inability to perform functions of an elected Board member. In the 2007-2008 Kern County Grand Jury Final Report Recommendation #6 states: “Trustee compensation policies should be enforced regarding meeting attendance, participation requirements, and fulfilling stated duties.” The DUSD responded, on 18 August 2008, “The Board of Trustees denies the finding. The Governing Board does admit that Board Policy 9250 and Education Code 35120 authorize the compensation of its Governing Board members. Pursuant to these authorities, a Board member’s compensation is based on the attendance at meetings and not whether he is or is not able ‘to perform the functions of his elected position.’ Accordingly, the Governing Board will direct the administration to ensure that the compensation for the Governing Board members be made consistently with Board Policy 9250 and Education Code 35120.”

The Board Bylaws (BB9250) states: “Each member of the Board of Trustees may receive the monthly compensation as provided for in law. Members may be paid for meetings they miss when the Board, by resolution, finds that they were performing designated services for the district at the time of the meeting or that they were absent because of illness, jury duty, or hardship deemed acceptable by the Board.”

California Education Code 35120 9.c states: “A member may be paid for any meeting when absent if the board by resolution duly adopted and included in its minutes finds that at the time of the meeting he or she is performing services outside the meeting for the school district or districts, he or she was ill or on jury duty, or the absence was due to a hardship deemed acceptable by the board.”

The Committee of the 2008-2009 Kern County Grand Jury requested further clarification of several recommendations including #6 in a letter dated 27 August 2008. A second response from the DUSD, dated 29 September 2008, stated: “The recommendation is based on the misassumption raised in the underlying finding that Board members’ compensation is based on the members’ ability to perform his or her elected duties….The Board qualifies its response to be clear that no assumption be made that a policy currently exists to compensate a board member based on his or her ability to perform the duties of a board member. No such policy exists. As previously responded, the current policy provides for compensation based on board attendance at meetings.”

The Committee of the 2008-2009 Kern County Grand Jury received Update on Implementation of the Grand Jury Recommendations from the Board, dated 6 January 2009, citing six “Responsive Actions Taken by the District” in regard to eleven of the original recommendations made by the 2007-2008 Kern County Grand Jury Final Report. “The District notes that the recommendation had been implemented in part. In summary, the Board did and has agreed that trustee compensation policies should be enforced and, to this extent, the recommendation had been implemented.”

A second complaint on the matter of the Trustee’s continued absence was received by the 2009-2010 Committee on 18 August 2009 at which time a new investigation was initiated by the Committee.

FINDINGS:

1. In a response dated 18 August 2008 to the 2007-2008 Kern County Grand Jury Final Report the DUSD states Board compensation is based on meeting attendance.

2. The DUSD Bylaw BB 9250 states, “If a member does not attend all Board meetings during the month, he/she is eligible to receive only a percentage of the monthly compensation equal to the percentage of meetings attended unless otherwise authorized by the Board in accordance with law (Education Code 1090 35120).”

3. The DUSD Bylaw BB 9250 states, “The District shall pay the cost of all premiums required for Board members electing to participate in the district health and welfare benefits program to the same extent that the district pays premiums for district staff in accordance with Government Code 53208.5.”

4. The DUSD Bylaw E9223 states, “An office becomes vacant on the happening of any of the following events before the expiration of the term: … (b) The adjudication pursuant to a quo warranto proceeding declaring that the incumbent is physically or mentally incapacitated due to illness or accident and that there is

reasonable cause to believe that the incumbent will not be able to perform the duties of his/her office for the remainder of his/her term.” (Quo warranto is a legal proceeding during which an individual's right to hold an office or governmental privilege is challenged).

5. By DUSD Resolution, per Education Code §35129, tax payer funded compensation has continued for a Trustee who has consistently not attended meetings nor functioned as a contributing, active Board member for a period in excess of two years.

6. The Trustees seemed unclear concerning the number of meetings the absent Board member attended in 2008, giving a range of one or two to maybe four or five.

7. The Trustees were all very much aware of The Brown Act and stated there have not been consultations or conversations with the absent Board member concerning Board business.

8. The Committee found the Board of Trustees of DUSD has acted in accordance with California State law, the Education Code and Board Bylaws with respect to the Resolutions and resulting compensation.

9. Resolution 108-10, passed on 28 August 2009 on behalf of the ill Trustee, cites 19 occasions (including multiple meeting occasions on the same day) of missed meetings from February through June of 2009. The Board resolution excused the absences and authorized payment of the monthly stipend to the absent Trustee for those months. The resolution passed by a vote of two to one with two Board members absent. Members of the Board were notified of the Adoption of Resolution by the Superintendent on 28 August 2009.

10. Resolution 114-10, passed on 17 November 2009, is an exact replica of Resolution 108-10 – no additional absences were excused.

11. Resolution 137-10, passed on 13 April 2010 on behalf of the ill Trustee, cites 25 occasions (including multiple meeting occasions on the same day) of missed meetings from July of 2009 through March of 2010. The Board resolution excused the absences and authorized payment of the monthly stipend to the absent Trustee for those months. The resolution passed with two votes for, one against, one abstention and one absent. The Board now indicates that it will continue to pass resolutions to excuse absences and pay the monthly stipend as long as the Trustee is ill.

12. The absent Board member continues to receive a monthly stipend and other benefits without attending meetings or fulfilling any duties of the office. In the current DUSD budget annual Trustee costs exceed $15,000 per Trustee (stipend plus medical insurance premiums and other benefits).

COMMENTS:

The Committee has sympathy and compassion for the Board member whose health has interfered with attendance and ability to perform the functions of an elected school board member; however, the citizens of Delano have the right to expect an elected official to perform the duties of the elected office. California Constitution Article XVI Section 6 (prohibiting gifts of public funds) does not strictly apply in this case; however, there is a definite perception of a gift of public funds to an absent Board member receiving medical benefits and compensation of tax payer money.

The Committee believes that, by passing resolutions to pay the absent Board member a monthly stipend for essentially two years of missed meetings, there is a perception to the public of a gift of public funds and this represents an egregious circumvention of the intent of the law.

RECOMMENDATIONS:

1. The absent Trustee should take upon himself to resign from the Board. Board Bylaw 9222 provides guidelines for resignation. If the Trustee refuses to do so the Board should take action to replace the absent Board member.

2. As per Board Bylaw BB 9400 “Board members should conduct an evaluation as a group and as individuals to evaluate the performance of the Board” in regard to functioning with only four members.

3. Board Bylaw BB Exhibit 9223 should be expanded to include the provisions for removal of Board members (other than by quo warranto) who are unable to fulfill their duties. Refer to Finding #4.

4. To eliminate the perception of a gift of public funds the absent Trustee should voluntarily reimburse the DUSD the amount of the stipends received plus the cost of medical insurance premiums paid by the DUSD for the months in which meetings were not attended.

5. The DUSD should make all agendas and Board minutes available to the public online.

The Delano Union School District should post a copy of this report where it will be available for public review. Note: Present and past Kern County Grand Jury Final Reports and Responses can be accessed through the Kern County Law Library and on the Kern County Grand Jury website: www.co.kern.ca.us/grandjury

Persons wishing to receive an email notification of newly released reports may sign up at www.co.kern.ca.us/grandjury, click on: Sign up for early releases.

RESPONSE REQUIRED WITHIN 60 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

DELANO IMPROVEMENT CORPORATION DELANO UNION SCHOOL DISTRICT

PURPOSE OF INQUIRY: The Health, Education and Social Services Committee (Committee) of the 2009-2010 Kern County Grand Jury pursuant to Penal Code §933.5 and §933.6 investigated the Delano Improvement Corporation (Corporation), a 509(a)(3) supporting organization of the Delano Union School District (DUSD). PROCESS: The Committee interviewed the Superintendent of Delano Union School District (Superintendent), four of five Delano Improvement Board members (Board), researched the Corporation through the Internet and archive documents of the District and the State of California. BACKGROUND: The Corporation filed incorporation papers in 1996 as a 501(c)(3) and refiled in 2006 as a 509(a)(3) to collect, disburse and repay Certificates of Participation (COPs) used to build schools for the DUSD. The Corporation leases back the school buildings to the District until COPs are repaid. The Board of the Corporation is made up of the five DUSD Trustees. The Corporation holds one meeting annually in December. FINDINGS:

1. The Corporation is a 509(a)(3), a supporting organization, whose key feature, according to the Internal Revenue Code, “is a strong relationship with an organization it supports.”

2. The State of California Department of Corporations website shows initial revenue was

reported to be $933,682 with current assets of $573,914.

3. Page eight of the 2009-2010 Second Interim Budget Assumptions for DUSD Debt Services report states, “The District currently has 13 years remaining on COPS and 2.5 years remaining on Capital Leases which will impact the District expenditures by approximately $928,836 less the $550,952 transfer in to mitigate the impact on the general fund in 2010-11.”

4. In accordance with Article VI of the Articles of Incorporation the Board does not receive

compensation or benefits from the Corporation.

5. The Board and the Superintendent were interviewed concerning the operation of the Corporation:

• One Board member was unaware of the function and purpose of the Corporation and did not recall attending any meetings.

• One Board member knew the Corporation was created for COPs but not how the funds were used.

• One Board member believed the Corporation was for COP oversight and had no further knowledge.

• One Board member was comparatively well informed on the purpose of the COPs, the building projects and the financial status of the Corporation.

• The Superintendent was not familiar with the Corporation.

COMMENTS: Certificates of Participation allow a governmental agency to issue a bond like instrument without having to seek voter approval. Certificates of Participation are financed out of ordinary income mainly composed of State Average Daily Attendance (ADA) payments rather than from a property tax assessment. RECOMMENDATIONS:

1. All Board members should become familiar with the history, purpose and current financial status of the Corporation.

2. All Board members should become educated on COPs.

3. All Board members should keep current on the Corporation’s debts, repayments and

related issues.

4. While not directly responsible for the Corporation or a member of the Board, the Superintendent should also become educated on the current details of the Corporation.

Note: Present and past Kern County Grand Jury Final Reports and Responses can be accessed through the Kern County Law Library and on the Kern County Grand Jury website: www.co.kern.ca.us/grandjury Persons wishing to receive an email notification of newly released reports may sign up at www.co.kern.ca.us/grandjury, click on: Sign up for early releases. RESPONSE REQUIRED WITHIN 60 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

EAST KERN HEALTH CARE DISTRICT

PURPOSE OF INQUIRY:

The Health, Education and Social Services Committee (Committee) of the 2009-2010 Kern County Grand Jury inquired into the operation and management of the East Kern Health Care District (District) pursuant to Penal Code §933.5.

PROCESS:

The Committee visited the District offices in California City on April 19, 2010, and met with the District Administrator (Administrator) and three of the five members of the East Kern Health Board (Board). The Committee inquired into the District’s operations, long and short term plans and ongoing financial and logistical obstacles.

BACKGROUND:

California City is located in the high desert northeast of Mojave; the population is approximately 15,000 full-time residents and encompasses an area of 204 square miles. The District serves an area in excess of 600 square miles in Kern County with a small portion overlapping into San Bernardino County.

The District was first formed in 1978 and operated a Health Care Clinic. A reduction in revenues as a result of Proposition 13 and large numbers of uninsured/underinsured patients forced closure of the clinic in 1980. At the time a District owned building was subsidized rent free to a local physician to establish a private practice. The building is currently rented as a licensed rural clinic continuing to provide services to the community.

The District is in the process of purchasing a ten acre site adjacent to the existing property from the California City Redevelopment Agency and has future plans to build a long-term care facility and a 24/7 walk-in clinic.

FINDINGS:

1. The Administrator works part time and is paid $1,500 per month. The elected Board members each receive a monthly stipend of $100 for duties which include attending one Board meeting per month.

2. The District’s main source of income is from local property taxes. A grant writer on the staff of California City is able to provide grant writing services to the District. The District is audited biannually and is presently debt free.

3. There are currently three resident doctors in town working at the clinic in addition to a physical therapy center. The District has a radiology facility.

4. The District currently owns and leases three buildings of occupied medical offices. The District borrowed to construct and/or convert the buildings but is now completely debt free.

5. The District is able to provide many health-related services to the community including full and part time clinics in several communities, the Meals on Wheels for seniors and an annual health fair.

6. An Annual Cancer Walk is held to raise funds for a senior center, mammograms, nursing school scholarships, mobile services and special requests.

7. California City has a fire department with paramedics on staff and additional paramedics available from the local Hall Ambulance facility.

8. Holiday weekends bring a population increase between 10,000 and 20,000 people into the area primarily for off-road vehicle riding activities. Additional police and medical services are required and paid for in part by an annual California City special fee charged each participating vehicle.

COMMENTS:

The District is to be commended for being able to provide many health-related services to the community with limited funds while remaining debt free. The operation is well run by organized, dedicated individuals. The District has a rational near and long term planning process in place.

RECOMMENDATIONS:

The East Kern Health Care District should post a copy of this report where it will be available for public review.

Note: Present and past Kern County Grand Jury Final Reports and Responses can be accessed through the Kern County Law Library and on the Kern County Grand Jury website: www.co.kern.ca.us/grandjury

Persons wishing to receive an email notification of newly released reports may sign up at www.co.kern.ca.us/grandjury, click on: Sign up for early releases.

NO RESPONSE REQUIRED

KERN COUNTY LIBRARY SYSTEM PURPOSE OF INQUIRY: The Health, Education and Social Services Committee (Committee) of the 2009-2010 Kern County Grand Jury pursuant to Penal Code §925 inquired into the services provided by the Kern County Library System (Library System). PROCESS: The Committee researched the Library System through a number of sources including: the Library System website, multiple Internet searches, Board of Supervisor minutes, Library Procedures manuals, County of Kern 2009-2010 Recommended Budget: Budget Unit 6210, a preliminary visit with the Director of the Libraries, the Deputy Director of the Libraries, the Business Manager and the Deputy County Administrative Officer. Additionally, the Committee toured the Beale Library facilities and conducted an interview with the Director of the Libraries. BACKGROUND: The Kern County Library System, with headquarters at the Beale Library, 701 Truxtun Avenue, Bakersfield, CA 93301, is a county-wide library system and provides all public library services in Kern County. The Library was organized as the Kern County Free Library on July 11, 1911. The original Beale Memorial Library was dedicated on June 2, 1900, a gift to the city of Bakersfield from Mrs. Mary E. Beale and son Truxtun in memory of their husband and father, General Edward Fitzgerald Beale. The first building was destroyed in the 1952 earthquake. The second Beale Library was completed in 1957 and the present library was built in 1988. The Mission Statement of the Kern County Library System is “To make the world of knowledge and ideas accessible to the public in an efficient and effective manner that provides for educational, informational, cultural and recreational needs.” The Current Director has served in the position since 1987. The website for the Kern County Library System is: http://www.kerncountylibrary.org/ FINDINGS:

1. The twenty-five libraries of the Kern County Library System serve a population of over 800,000 in an area of 8,073 square miles. The Library System has two Bookmobiles and serves 11 locations. The Library System is a member of the

San Joaquin Library System which is comprised of 138 libraries in various other counties.

2. Registered book borrowers number over 320,000 and represent 39% of the

population according to 2007 Library System statistics. During this same period there has been an increase of 11% in Library card registrations and 10% in checkouts over the previous year.

3. The Beale Memorial Library, the central research library for Kern County, is a

127,000 square foot facility built around a 4,000 square foot atrium and has 200 vehicle spaces in the parking lot. Many of the furnishings, art and specialized collections in the facility were provided through private gifts and donations to the Kern County Library Foundation. The building is owned by the County of Kern.

4. The Kern County Board of Supervisors (Board) serves as the Library Board. 5. The Library System has been funded by the County General Fund budget since

1992.

6. The Friends of the Kern County Library, Inc. (Friends) is a non-profit volunteer organization formed in 1952. Friends provides funds for countywide summer reading programs for children and for other enrichment programs not covered in the county budget, funds for presentations by authors and other guest speakers sponsored by the Library, volunteers for Library programs and services, and conducts used book and magazine sales to raise funds for other activities. Six of the 25 branches do not currently have Friends groups and are served by the county-wide Friends of the Kern County Library.

7. Federal, state, local and other grants, state appropriations, donations and non-

General Fund revenue, totaling more than $35 million have been received by the Library System since 1987. Budget reductions have decreased the ability of the Library System to request a number of state and matching grants.

8. Library staff is encouraged to write grant proposals in addition to their regular

duties. Staff members with expertise or subject specialty in the grant’s area of focus are assigned to write a grant proposal including a needs assessment, development of a plan of service, preparation of application, implementation and submission of reports. The funded grants are divided into three areas; building development, services and collections (books).

9. The Kern County Library Foundation is a source of funding for art, plants and

security enhancements. The Foundation was started in 1986 with an endowment and raises additional funds through corporate sponsorships and donations. The Foundation acts as a fiscal agent for some grants.

10. In 2000, the Gates Foundation donated $750,000 for 90 public use computers and the infrastructure for support. An augmentation of approximately $190,000 was received in 2005 to replace 80 of the original computers. Currently the Library System has 237 computers for public use.

11. Library Youth Services are grant funded primarily through the Library Services

and Technology Act (LSTA). Each year the Youth Services Coordinator visits every public school Kindergarten class in Kern County and some private school Kindergartens. Additional grades may be visited to share information on the summer reading program as time allows. During Fiscal year 2008-2009 there were 847 programs for school aged children with 28,775 in attendance.

12. Mandated budget constraints have led to reduced hours of operation to all library

branches from 46,072 in 2008-2009 to 27,092 hours projected for 2009-2010, a reduction of 41%.

13. The collection (book) budget has been decreased by 83%, reducing the collection

purchasing from an average of 100,000 books to approximately 5,000 books. The 2009-2010 Budget Summary states the Library System is significantly behind in buying levels compared to similar sized libraries in California.

14. Staff reductions in 2008 from 164 to 123 employees have resulted in a decline of

programs offered including the annual summer reading program for all ages, early literacy for families and outreach to the underserved population. An 8% increase in program attendance was noted in the last fiscal year.

15. The 21% reduction in the Library budget (Budget Unit 6210) coupled with a

projected increase in population will reduce the fiscal year per capita materials expenditures of $0.76 for fiscal year 2008-2009 to a projected level of $0.13 for fiscal year 2009-2010.

COMMENTS: The Committee determined the Library System is a valuable and necessary resource for the county and serves as an educational enhancement to the community and school systems. The Library System is more than a book depository. Services offered include research assistance, free computer usage, inexpensive video/DVD rentals and copy services. The Committee was impressed with the knowledge and enthusiasm of the Director of Libraries. The Director’s commitment to exploring new and potential innovative options used nationwide is to be commended. Despite the difficulty of employee reductions, budget cuts and an increase in usage, the Committee concluded the Library System is operating efficiently. The employees are to

be applauded for the willingness and ability to assume additional responsibilities as grant writers. The Committee determined the Kern County Library Foundation and The Friends of the Library are valuable assets in raising funds and have contributed greatly to the successful operation of the Library System. RECOMMENDATIONS:

1. The Board of Supervisors should continue to work closely with the Director of Libraries in evaluating funding needs. The Board should look for ways to make necessary adjustments to the Library System’s Budget to help alleviate the lost funds for collections (books), programs and services.

2. The Library System should encourage The Friends of the Library to form a

cohesive group of all Friends groups to meet together to pool resources and information.

3. The Library System should look for new and additional fee services, including

raising fees of services already provided. The Friends of the Library and The Kern County Library Foundation may be able to provide guidance in this area.

4. The Library System should consider working with the Kern County Library

Foundation to provide for areas of need in addition to or in lieu of enhancements, possibly by the Foundation sponsoring programs with funding shortfalls.

The Kern County Library System 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 www.co.kern.ca.us/grandjury, click on: Sign up for early releases. RESPONSE REQUIRED WITHIN 90 DAYS TO: PRESIDING JUDGE KERN COUNTY SUPERIOR COURT 1415 TRUXTUN AVENUE 2

ND FLOOR

BAKERSFIELD, CA 93301 cc: FOREMAN KERN COUNTY GRAND JURY 1415 TRUXTUN AVENUE, SUITE 600 BAKERSFIELD, CA 93301

BAKERSFIELD CITY SCHOOL DISTRICT SCHOOL SITE COUNCILS

PURPOSE OF INQUIRY:

The Health, Education and Social Services Committee (Committee) of the 2009-2010 Kern County Grand Jury visited five School Site Council (SSC) meetings at elementary schools in the Bakersfield City School District (BCSD) pursuant to §933.5 of the California Penal Code.

BACKGROUND:

The Committee was made aware of controversial decisions made by the BCSD SSCs through an article in the local newspaper. School Staff reductions were being assigned to the SSC rather than the school administration and there was a perception Principals were exerting excessive influence on the decisions made by the SSC rather than restricting input to an advisory function, according to the article.

In November 1988, California voters passed Proposition 98, also known as The Classroom Instructional Improvement and Accountability Act. A School Site Council (SSC) is a requirement of the annual School Accountability Report Card (SARC). In the years since the passage of Proposition 98, additional requirements for school accountability reporting and dissemination have been established through legislation.

The SSCs in California were created by memorandum dated November 2006 from the California Department of Education to members of the State Board of Education. The primary role of each SSC is to “guide the student achievement process to ensure that the needs of all students are specifically addressed…”

An SSC is a volunteer group, elected for two year terms, authorized by Education Code §52852 for schools receiving supplemental School Improvement Funding (SIF). Each school site has an SSC for assessing school needs, developing a plan to meet needs and establishing an annual budget. Plans are then recommended to the Local Educational Agency (LEA) for its approval.

The SSCs at elementary schools are composed of a minimum of ten members; the principal, one other school employee (support personnel), and an equal number of teachers and parents. Teachers are elected by their peers and parents are elected by ballots sent home and returned. The Principal is to act in an advisory capacity.

The SSC groups must hold a minimum of eight meetings during the school year. Meetings are open to the public. Visitors may address the meeting with any SSC concerns.

FINDINGS:

1. School Site Council Meeting Agendas were not posted at all schools visited in prominent places where access was easily available. In some cases the agenda could not be found. Not all schools honored the scheduled meeting dates. One school cancelled the SSC meeting without notice in order to conduct State Testing of the students.

2. The Committee was provided requested information on the days of the SSC meetings with the exception of one school administrator who sought District permission before releasing the public information to the Committee.

3. Parent members of the SSC (Parents) were given A Guide and Template for the Single Plan for Student Achievement, A Handbook for School Site Councils (Guide), printed in English and Spanish, at the beginning of the meetings. Guides were retained at the school site afterwards.

4. Parents interviewed stated recommended SSC training sessions were not provided, although a Power Point presentation in English only is offered annually and is also available online.

5. Four of the schools visited have monolingual (Spanish speaking only) parent representatives. Translations were conducted by more than one person at some SSCs and the communication appeared confusing to those listening.

6. Classroom teachers elected to the SSC should compose the majority of persons represented under category (a) Education Code §52852 on the council. The Committee found this was not the case in the SSCs visited.

7. Parent and teacher members of the SSC did not appear to interact or communicate at four of the five schools visited.

8. Every school receiving SIF is required to have “collaboration planning and professional development for all staff” per the SARC. No minutes or records of the meetings are kept. As a result, teachers may not be informed of SSC activities and/or decisions. Classroom teachers representing SSC members stated there were no meetings with other faculty before or after SSC meetings.

9. School newsletters are sent home to parents/guardians monthly.

10. According to SSC minutes, new equipment has been purchased with allocated SSC funds including a copier for the Instructional Materials Center (IMC) for teacher use and classroom computers for student use. The minutes revealed materials purchased with SSC funds may be supplanting the District’s responsibilities and violating Title 1 provisions.

11. Committee members attending the SSCs perceived, in some cases, the Principal was running the meeting rather than serving in the advisory capacity specified by the California Department of Education.

COMMENTS:

The Committee’s investigation revealed SSC remains an advisory group along with other school advisory groups, but has been given decision making authority by the Board of Trustees.

The Committee noted a lack of effective communication between all participants. School parents/guardians are not being informed of SSC decisions affecting the educational lives of the children prior to implementation.

The Committee commends the SSCs at Jefferson Elementary and Pioneer Drive Elementary Schools for following SSC guidelines for conducting a meeting. The Principals acted in an effective advisory capacity.

RECOMMENDATIONS:

1. All schools should have a protected, covered information board located outside the office for posting SSC agendas easily accessible to the public and the agendas should also be posted on each school website.

2. All SSC members should be given a personal take home copy of A Guide and Template for the Single Plan for Student Achievement, A Handbook for School Site Councils.

3. All parent representatives having a primary language other than English should be provided translation of the meetings with individual earphones. The sound system would be an allowable expenditure from the SSC budget.

4. All BCSD schools should follow Education Code §52852 in regard to the correct composition of the SSC.

5. The SSC parents and faculty should be provided a greater opportunity for communication and interaction. Meetings could include a social/coffee time prior to calling the meeting to order.

6. The SSC faculty members should formally communicate with other faculty staff regarding the agenda and the results of the meetings.

7. The Newsletters in Finding #9 should be expanded to contain a designated column for current SSC meetings with agendas, summaries of prior meetings with actions taken and notice of future meeting dates.

8. Required monthly SSC meetings should be scheduled to avoid conflict with mandated testing.

9. School Site Councils need to be aware of expenditures made by the School District to assure SSC spending does not supplant or duplicate District efforts.

10. Principals should not chair the meetings, should make a concerted effort to avoid undue influence and not give the perception of controlling the SSC meetings.

The Bakersfield City School District School Site Councils should post a copy of this report where it will be available for public review.

Note: Present and past Kern County Grand Jury Final Reports and Responses can be accessed through the Kern County Law Library and the Kern County Grand Jury website: www.co.kern.ca.us/grandjury.

Persons wishing to receive an email notification of newly released reports may sign up at www.co.kern.ca.us/grandjury, click on: Sign up for early releases.

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

SIERRA SANDS UNIFIED SCHOOL DISTRICT PURPOSE OF INQUIRY: The Health, Education and Social Services Committee of the 2009-2010 Kern County Grand Jury responded to a citizen complaint dated August 10, 2009 concerning the Sierra Sands Unified School District (SSUSD), as it pertained to the Oversight Committee selection process and California Education Code 15282. The inquiry was made pursuant to California Penal Code §933.5. PROCESS: The 2009-2010 Kern County Grand Jury, Health, Education and Social Services Committee (HESS) researched the California Education Codes and the Grand Jury Library to gather information to better understand the Oversight Committee selection process. The HESS Committee conducted a telephone conference call with the SSUSD Superintendent of Schools, the Assistant to the Superintendent and an Assistant Superintendent of Business Services. FINDINGS: The passage of a bond measure requires that a governing board of a school district follow the selection process as stated in the California Education Code 15282. Therefore, the passage of Bond Measure “A” in the SSUSD in 2006, caused the formation of an oversight committee comprised of the following:

1. One member shall be active in a business organization, representing the business

community located within the district. 2. One member shall be active in a Senior Citizens organization. 3. One member shall be from a bona fide taxpayers’ organization. 4. One member shall be a parent or guardian of a child enrolled in a district school. 5. One member shall be the parent or guardian of a child enrolled and active in a

parent-teacher organization, such as the Parent Teacher Association or school site council.

6. At least two at-large members shall represent the community.

COMMENTS: The HESS Committee determined that the guidelines were followed and provided transparency through the website: www.ssusd.org

RECOMMENDATIONS: The SSUSD should post a copy of this report where it would be available for public review. Note: Present and past Kern County Grand Jury Final Reports and Responses can be accessed through the Kern County Library system and on the Kern County Grand Jury website: www.co.ca.us/grandjury NO RESPONSE REQUIRED

SOUTH WEST HEALTH CARE DISTRICT

PURPOSE OF INQUIRY:

The Health, Education and Social Services Committee (Committee) of the 2009-2010 Kern County Grand Jury inquired into the operation of the South West Health Care District (District) in accordance with California Penal Code §933.5.

PROCESS:

On April 6, 2010, the Committee met with four Board members of the District and one member of the Family Resource Center located in Frazier Park, California. The Committee was given copies of the District’s recent financials followed by an in-depth discussion of the District operations, short- and long-term plans and ongoing financial and logistical obstacles. The Committee was presented an overview of the current structure and operations of the District.

BACKGROUND:

The current South West Health Care District came into being in 1986. Prior to that the District was a part of the Westside Healthcare District of Taft but due to lack of funds and the resulting inability to build a hospital the District separated to form the present local health care district. The District service area encompasses 214 square miles including the town of Frazier Park and the communities of Lebec, Lake of the Woods, Piñon Pines Estates, Pine Mountain Club and Grapevine. The District has no office, no staff and no telephone. The Board meets monthly at one of the elementary schools. Board members each receive a $50 stipend per month. The size of the organization, being small, allows it to be exempt from the state requirement of having a manager of operations. The main purpose of the District is for health and safety. The District provides no direct services but instead gives financial support to existing programs available within the District.

FINDINGS:

1. Board members stated all members are required to attend, and have attended, ethics training (AB 1234) every two years. All Board members have been instructed on the requirements and limitations imposed by the Brown Act.

2. The primary source of income for the District comes from a small percentage of the local property taxes. The 2009-2010 budget was reduced to adjust for lower projected tax revenue. Other sources of income include grants and donations.

3. The District’s ongoing programs include provisions for:

• A Prescription Program of monetary aid to elderly recipients for the initial filling of expensive prescriptions;

• Transportation assistance to receive medical treatment in Bakersfield and Lancaster for those unable to afford same;

• Financial support for health-related services to Mountain Communities Family Resource Center;

• Assistance to Meals on Wheels; and • Sponsorship of an annual Health Fair. Of note, the local High School Girl Scout

Troop was given $10,000 by the District to plan and conduct the annual health fair so the girls could partially complete the requirements for a Women’s Health Badge. Due to excellent budgeting by the group, $3,200 was returned to the District.

4. As funds are available the District also provides financial support for a smoking cessation program, blood testing for community health and communication within the District (there is no cell phone coverage in many areas).

5. A major goal of the District has been to provide a permanent registered nurse for the schools. Thus far the District has been unsuccessful due to the difficulty in finding qualified people willing to relocate for the salary the District is able to offer. Long term goals include having at least one doctor residing in the community.

6. The current tax base, which shows no indication of increase, restricts the District from establishing a clinic and/or hospital. This is on the wish list but will have to be put on hold a while longer.

COMMENTS:

The Committee commends the Board of the South West Health Care District for knowledge of the workings of the District and for the work done in providing services to the community. The District continues to provide many health related services to the community on a relatively small budget and is dedicated to helping the community get the best use of tax dollars.

RECOMMENDATIONS:

The South West Health Care District should post a copy of this report where it will be available for public review.

Note: Present and past Kern County Grand Jury Final Reports and Responses can be accessed through the Kern County Law Library and on the Kern County Grand Jury website: www.co.kern.ca.us/grandjury

Persons wishing to receive an email notification of newly released reports may sign up at www.co.kern.ca.us/grandjury, click on: Sign up for early releases

NO RESPONSE REQUIRED

WEST SIDE HEALTH CARE DISTRICT

PURPOSE OF INQUIRY:

The Health, Education and Social Services Committee (Committee) of the 2009-2010 Kern County Grand Jury visited the West Side Health Care District (District) and inquired into the history and current operation in accordance with California Penal Code §933.5.

PROCESS:

On April 21, 2010, the Committee met with the Medical Director of West Side Urgent Care thru Emergency Medical Services Group, Clinical Administrator of Hilliard Staffing, Director of Operations of Hilliard Staffing, Administrator of Emergency Medical Services Group and the six elected Board Members (Board) of the West Side Health Care District located in Taft, California. After a tour of the new facility the Board President and several of the urgent care personnel discussed the operation of the District and answered the Committee’s questions.

BACKGROUND:

The District was originally organized under Local Hospital District law as set forth in the California Health and Safety Code. The District owned and operated the West Side District Hospital from 1947 until 1998 when it was sold to a private entity. The hospital was closed August 31, 2003. The District entered into an agreement with a private medical group to manage West Side Urgent Care Center, opened the facility in January 2004 and moved to the present location in March 2010. The District serves the residents of Lost Hills, McKittrick, Taft and Maricopa with a total a population of 18,000.

FINDINGS

1. The Board meets once a month and members receive a monthly stipend of $100.

2. The District’s budget is derived primarily from property tax revenue and unrestricted investment earnings.

3. In addition to District personnel Hilliard Staffing provides 24 employees and Emergency Medical Services Group provides five employees to support the operations of the District.

4. The West Side Urgent Care Center facility is equipped with the most current digital medical equipment for patient diagnoses.

5. The District provides sports physicals for school athletic activities, flu shots for community members and participates in an annual Relay for Life fund raiser.

6. All Board members are currently certified in ethics training and seemed knowledgeable in the duties of members of the District.

7. The District hopes to have a heliport installed in the near future which will greatly improve urgent medical care.

COMMENTS:

The Committee commends the Board and the West Side Urgent Care District employees on the dedication and care shown to clients/patients.

RECOMMENDATIONS:

The West Side Health Care District should post a copy of this report where it will be available for public review.

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: www.co.kern.ca.us/grandjury

Persons wishing to receive an email notification of newly released reports may sign up at www.co.kern.ca.us/grandjury, click on: Sign up for early releases.

NO RESPONSE REQUIRED