Previously Released Sections of the Report:
2015-2016 Mariposa County Grand Jury Investigated a Complaint Concerning the John C. Fremont Healthcare District
And
2015-2016 Mariposa County Grand Jury Investigated Problems at the Mariposa County Health Department
July 3, 2016 - The 2015-2016 Mariposa Grand Jury had six members and one alternate resign. The Grand Jury report mentions that several county employees and department heads acted with hostility and resistance to the Grand Jury and thought they did not have to cooperate with the Grand Jury.
The following from the 2015-2016 Mariposa County Grand Jury Report begins with a letter to Judge Fagalde that is submitted by every grand jury in their yearly report. This is followed up by the Grand Jury's perspective on the 2015-2016 year. Lastly is a section on cooperation with the Grand Jury inquiries and requests for information.
May 10, 2016
Honorable Michael A. Fagalde, Assistant Presiding Judge
Mariposa County Superior Court
P.O. Box 28
Mariposa, California 95338
Dear Judge Fagalde:
On behalf of the 2015-2016 Mariposa County Grand Jury, we would like to thank you for the opportunity to serve our community. We believe that it is a duty and privilege to be the voice of the citizens and taxpayers and we are all honored to be selected to be a part of this important effort.
During the course of the year, six members including one alternate resigned. Fortunately, we were able to recruit one past member and several alternates allowing us to complete our term with ten members.
This Grand Jury received nine complaints submitted by the public, two of which we determined to be under our jurisdiction and which we investigated.
As required by law, this Grand Jury inspected the correctional facilities in the County: Adult Detention Facility, Juvenile Detention Facility and Mt. Bullion Conservation Camp #39. We also investigated the Health Department, Development Services, John C. Fremont Healthcare District, Cooperation with Grand Jury Inquiries and Response to Final Reports, Mariposa County Cash Handling Procedures, Behavioral Health, Building Department, Office of Emergency Services and Standard Operating Procedures, which included the two complaints referenced above.
We upgraded our computer system from a PC to a wireless laptop and utilized a four in-one printer to eliminate old inventory and optimize our limited space. We secured the donation of office chairs allowing for the elimination of the uncomfortable lobby chairs that past grand jurors have had to endure.
The Grand Jury held meetings with department heads and members of the Board of Supervisors. We are grateful for their professionalism, insightful information and helpful interaction.
This Grand Jury acknowledges that our job was made much easier these past twelve months by carrying over past grand jurors who had valuable experience to share.
Lastly, the Grand Jury would like to thank you, Judge Fagalde, and your staff for your helpfulness and guidance throughout the 2015-2016 Grand Jury session.
Respectfully submitted,
2015-2016 Mariposa County Grand Jury
THE GRAND JURY’S PERSPECTIVE FOR 2015-2016
Being on a Civil Grand Jury is not only a privilege but also the duty of every citizen who has the opportunity to be selected. The 2015-2016 Grand Jury takes the responsibility very seriously. Since this is a volunteer duty, we understand that it takes away from our jobs, home life and our families but this is the sacrifice we willingly accepted.
We have twelve months to accomplish our task. The Superior Court of California and the County’s presiding judge expects us to do our job in secret as a separate entity. We are the watchdog for the citizens and taxpayers of Mariposa County. We are their eyes, ears and voice. We are bound by California Penal Code §914 to conduct inquiries and investigations in an effort to identify and correct inappropriate and illegal activities.
Every County employee is under the Grand Jury’s investigative schedule. County employees are at the calling will of the Grand Jury to fulfill their duty under Penal Code §914. We had Supervisors, Department Heads and employees cooperate with the Grand Jury with respect and a professional attitude.
Unfortunately, this was not the case with all employees. Some employees felt that they didn’t need to cooperate with the Grand Jury and obtained help from the County Human Resources Department to circumvent or hinder the Grand Jury’s investigative process. We find it disappointing that the Human Resources Department did not advise the employee to fully cooperate with the Grand Jury. Instead, we were advised by the Human Resources Department to change our investigative scheduling process.
When this was not done by the Grand Jury, County Counsel was obtained for the employee. Further, County Counsel chastised the Grand Jury for doing their duty to conduct investigations as charged to us by the Court.
We found this passive-aggressive attitude to be a hindrance for the Grand Jury, hostile and very unproductive for the citizens and taxpayers of the County.
We hope that the Supervisors, Department Heads and County Counsel do not have the attitude that because the grand jurors change every year they are not to be taken seriously. We hope that reports from all grand juries are strongly taken under consideration with recommendations followed and responses provided as requested.
MISSION STATEMENT
We willingly accept our responsibility to serve the community and Mariposa County. Our acknowledged role is to oversee the appropriate function of the various facets of our County government. To that end, we dedicate ourselves to preserving its integrity.
FUNCTION AND RESPONSIBILITIES
The Mariposa Grand Jury is a judicial body consisting of eleven citizens. It is impaneled to act as an “arm of the court” as authorized by the Fifth Amendment of the United States Constitution and the Constitution of the State of California to be a voice of the people and conscience of the community. A Civil Grand Jury is impaneled in Mariposa County each year in July.
The major function of the Mariposa County Grand Jury is civil government oversight. It serves as an ombudsperson for the citizens of Mariposa County and may examine all aspects of County government and special districts within the County to ensure that the best interests of Mariposa citizens are being served.
The Grand Jury submits meaningful solutions to a wide range of problems. It is a volunteer, factfinding body with the potential to create positive and constructive changes. The Grand Jury is an investigative body created for the protection of society and the enforcement of the law.
COOPERATION WITH GRAND JURY INQUIRIES AND REQUESTS FOR INFORMATION
INTRODUCTION:
The 2015-2016 Grand Jury elected to form a committee charged with conducting a review of previous Grand Jury reports to ascertain if requests from the Grand Jury had been complied with and to review current inquiries and investigations for cooperation by agencies contacted for information.
APPROACH:
The Grand Jury reviewed responses to final reports from 2006-2007 through 2014-2015 as well as requests for information and interviews during the 2015-2016 session.
DISCUSSION:
The appointment of the Grand Jury is required by State law. The major function of the Grand Jury is civil government oversight and may examine all aspects of county government including governing boards, departments, commissions, special districts, committees, functions, programs, financing and officials. The Grand Jury investigates potential irregularities and submits meaningful solutions with the aim to encourage positive and constructive changes.
The volunteers appointed to the Grand Jury by the Mariposa County Superior Court serve from July 1 through June 30 and take an oath to represent the citizens of Mariposa County.
Penal Code §925 and §933(a) requires the Grand Jury to prepare and submit a final report to the presiding judge of the Superior Court which is released in July.
Subsequent to the release of the final report, Penal Code §933(c) requires the governing body (Board of Supervisors) to respond to the presiding judge regarding the findings and recommendations within ninety (90) days and any county officer or agency head to respond within sixty (60) days. These responses are due after the term of the current Grand Jury has ended.
The Board of Supervisors did not respond to the 2014-2015 Grand Jury report within the ninety day time frame. A letter was sent to the Board of Supervisors dated October 7, 2015 requesting written response to the report. The Board of Supervisors responded to this request with Resolution 2015-521 and cover letter dated November 3, 2015.
The 2015-2016 Grand Jury was met with both resistance and hostility by some County department heads and employees in response to requests for interviews and/or information. It is difficult to coordinate the schedule of the eleven volunteer grand jurists (many of whom have full time jobs) and the multiple interviewees. Some county employees wanted to be scheduled within their normal working hours to ensure they were “paid” for their time. The Grand Jury was forced to use the authority of subpoena.
FINDINGS:
Outright hostility, resistance to appear for interviews, disregarding requests for information and failing to respond or attempting to avoid or delay a response to the Grand Jury undermines the ability of the Grand Jury to carry out their lawful duties and responsibilities as mandated by the State of California.
In general, most county departments and employees cooperated willingly and fully with Grand Jury requests.
RECOMMENDATIONS:
The Grand Jury believes the Board of Supervisors should set an example for County departments and employees to not only respond to requests for information in a timely fashion but encourage cooperation and promote the understanding that the work of the Grand Jury is of benefit to all Mariposa County residents.
County departments, special districts and other entities falling under the jurisdiction of the Grand Jury are encouraged to review the Function and Responsibilities as well as the Mission Statement of the Grand Jury which are included in this final report.
Future grand juries are encouraged to maintain a continuity committee to follow up on the responses to the final report of the previous Grand Jury.
The Board of Supervisors is encouraged to provide direction to all personnel that cooperation with and response to the Grand Jury is not optional.
REQUEST FOR RESPONSE:
Response is requested from the Board of Supervisors.
Source: 2015-2016 Mariposa County Grand Jury
