Loading...
HomeMy WebLinkAboutStaff Report 09/12/2011 5.DA gim� Item #5 . D �ALU� z.s5$ DATE: TO FROM: September 12, ,2011 Honorable Mayor and Members of the City Council John C. Brown, City Manager SUBJECT: Resolution Approving Response Letter to Sonoma County Grand Jury's Final Report for FY 20.1.0/11. RECOMMENDATION It' is recommended that the City Council adopt the attached Resolution Approving Response Lette`vto Sonoma County Grand Jury's Final Report for FY 2010/11. BACKGROUND Under Califorriia law, .the civil_ Grand Jury is an.independent institution that oversees all aspects of the legislative and administrai'ive departments that make up county, city and special district governments, and has:fhe power to investigate them to ensure they are serving the public and individual -citizens: At -the end of,each fiscal year, the Grand Juryissues its final report to the community. DISCUSSION The Grand Jury:issued its final yeport for -Fiscal Year. 2010/11 on June 30, 2011, and three of their investigati'ons°require responses from the City of Petaluma: ® Petaluma Potholes 4. Doing Nothing. About Education Is No longer- an Option — The .Tourney Begins, With, one Step ® WhatWe Dpfi't„Know C.ould'Hurt Us — The Need for a Whistleblower`Prograrn in' Sonoma. County Petaluma's draft response letter is attached for Council's approval. The.resporise letter must be submitted to the..Grand Jury no later than 90 days, or September 28, 2011', after the Grand Jury submits its final 'report to any public agency. ATTACHMENTS 1. Resolution 2. Draft letter 3. Grand Jury Reports Agenda Review: City Attorney Finance Director City Manager ATTACHMENT I Resolution Approving Response Letter to Sonoma 'County Grand Jury's Final Report for FY 2010/11 WHEREAS, under Califomia law, the civil Grand Jury is an independent institution that oversees all'aspects of the legislative ,aind administrative departments that make up county, city and special district governments, and' has the power to investigate them to ensure they are serving the public and individual .citizens; and WHEREAS, the Grand'Jury,.conducts investigations, culminating. in a final report to the community at the end"of each.fiscal year; and .WHEREAS, the 2010-2011 Sonoma County Grand Jury issued its final report on June 30, 20.1.1; and WHEREAS, three of`their investigations. require responses from the City of Petaluma: o Petaluma Potholes o Doing Nothing About;Education ,Is :No longeran Option —The Journey Begins With �One,Step o What We Don't Know Could Hurt CJs — The Need for a Whistleblower Program in, So--noma County NOW, THEREFORE, BE IT RESOLVED that the City Council approves the response letter to'the Grand Jury and. authorizes the Mayor and City Manager to sign said -letter on .behalf of the City. RE ATTACHMENT 2 DRAFT September'_12', 2011 The, HonorableGary Nadler,;Presiding Judge Foreperson Superior Court, State of California Sonoma County Civil Grand Jury_ County of Sonoma Hall of Justice P.O. Box 5109 600 Administrative Drive Santa.Rosa, CA 95402 Santa Rosa, CA, 95403 RE: Grand JuryFinal Report`— Responses and Recommendations Dear Judge Nadler: The City of Petaluma:is pleased to provide responses to findings sand recommendations for the 2.0,10-2011 Grand Jury Final Report, formatted in.accordance withP.enal Code'Section 933. Responses are provided on the Grand Jury Report Form, copies, of which pare .attached. Thank you for the, opportunity to respond to the Grand Jury's report. If you have additional questions, please.let us know. Sincerely, D a_,yid. Glass. John C. Brown Mayor, City Manager cc: Sonoma County'Boardbf.Superv•isors Sonoma County Clerk Petaluma City;,Clerk Petaluma City Council Sonoma County-bties 3 Response to Grand Jury Report form Report Title: Petaluma Potholes Report Date: September 12, 2011 Response by: David Glass Title: Mavor John C. Brown Title: City Manager RECOMMENDATIONS and RI The. new departmental reorganization should result in improved cooperation between those employees respons'ib'le forrepair of infrastructure buried in the streets and those responsible for the surface condition of the streets. Petaluma's Response:.. 'Recommendation R1 has been implemented. One of the anticipated benefits of the Public. Works/Water Resources consolidation is improved communication grid coordination within all program. areas, including operations aiid-maintenance. The consolidation should result in clearer reporting structures, increased commu cation Amongst personnel and the, sharing of resources to more effectively accomplish operations and maintenance,act xities. R2 Cross training of Public Works,and Utilities Department employees should be a. major goal within the new combined.administrative structure. The result should improve both service and efficiency, Petaluiria''s Response: Recommendation R2 has been'implemented. Cross -training of employees'is another, anticipated benefit of the Public Works/Water Resources consolidation. It should be understood that the technical nature of some positions, including associated certifications or licensure, may limit the cost effectiveness and/or°,p,racticality of wide -spread cross training. Cross training, however, 'is a,goal, where it c,ari be -accomplished and Lias begun. The City Council' recently equalized the, pay. structure `b.etween Parks Maintenance and Street Maintenance Workers: Immediately, this allowed the transfer of three Parks Workers into vacant Street positions; to reduce' costs to the, General Fund without corresponding loss of employees, and to provide much- needed staffing to the Streets Maintenance; function. It is a longer'term goal to align the pay structures and realign duties to allow for movement across these functions and°in Water and Wastewater maintenance as opportunity and need arise. As indicated, the City is in *,early stages of 'reorganization, and is currently recruiting a.new director to lead the combined Public Works and Utilities Department. A priority for the new director will be' to identify efficiencies within the new department that include further consolidation of functions, and.more efficient and flexible use of existing staff. 4 R3 Budget priorities,,should be set that provide the necessary funding to maintain the current minimal level of"maintenance, and to prevent fur.•,ther degradation of infrastructure. Petaluma's, Response: Recommendation R3 has.not yet been implemented but will be implemented in the future. Based on the 2009 City of Petaluma Pavement'Condition Report, it is estimated that the City needs to spend approximately $6,000,000, per year, in order to maintain the current pavement condition. Given the economic challenges facing the Nation, the State, the County and particularly this City, it is highly unlikely this recommendation can be met in the near term. However, the City recognizes the need to prioritize pavement maintenance and management, and applies available resources toward a sound and focused pavement maintenance program. Please see Attachment 1 for the pavement projects completed or anticipated 2009-2012. R4 Future funding sources need to be found to acquire restoration, replacement and/or upgrading revenue. Petaluma's Response: Recommendation R4 has not yet been implemented, but will be -implemented, in the future. City staff aggressively seeks any grants that provide improvement to City facilities and particularly funding that is pavement related. Over the course of the last couple years the City has generated $5:6 million `in grant funding specifically for pavement related projects, and has relied.primarily on the Surface Transportation Program and Congestion. Management & Air Quality Program (STP/CMAQ.). Please see Attachment 1 for the typical funding sources for paving projects, noting that ARRA (America Recovery and Reinvestment Act "Stimulus") should be considered a one-time funding source. As noted in the illustration below, funds have been used for major rehabilitation or reconstruction. projects on.arterials and major collectors. In FY 2010-2011, $375,000 was set aside to be use&to pay for the local match portion which is required for most federal and state grants. The funding that wasmot used for grant match was reprogrammed to fund a slurryseal:project. $500'1000 is budgeted for match in 20.11-12. Again, it i"s anticipated that any portion of this funding -that is not needed for match Will be used for an overlay project_in2012. This increased level of funding is expected to be'supported by`iiicreases in the franchise fees charged to waste haulers. A portion of the franchise -fee: is intended to compensate the public for the deterioration to city streets caused by these haulers. The City is continually analyzing'this fee to assure its sufficiency relative to the impact of such haulers on City streets. In addition to pursuing outside funding the City could reexamine the prospect of a voter approved tax or assessment that could be used to provide a dedicated and stable source of funding for much needed roadway improvements. While such an effort was defeated by a2 to 1 margin in 2003, a successful'campaign could go a long way toward funding necessary maintenance and repairs. In addition to enhancing communication, creating amore efficient organizational structure and identifying funding sources of sufficient capacity to support'the maintenance needs required of an aging infrastructure; it is, important to understand other, less manageable factors contribute to the degradation of paved roadways in Petaluma. As is often the case with older communities, the roadway structural section was not designed for current vehicular loads. In such cases, roadway failures are due to inadequate, pavement thickness and/or base layers, and would optimally require full reconstruction10 bring such a street back to a condition•that would provide decades of useful life and minimize for several years, any need'to perform substantive maintenance on it: Street reconstructions typically entail removal of the entire asphalt section and often portions of the engineered base material. As well much of Petaluma is built on adobe soil, which expands in the winter, contracts in the.suminer, and provides a.less stable foundation for road base than other soil types. The typical solution to building better roads on adobe soils is deeper excavation, and deeper road base, both of which increase the cost of a reconstruction proj ect. Taking -these two. factors into; account, the cost of reconstructing' a street may be, as costly or moreso than installing;a street where none has been before. Reconstruction is also more disruptive to homes and businesses located in -such, areas. Accordingly, to stretch limited funding as, far as',. possible, and to limit disruption to neighbors, effort is made to treat the deteriorating "roadways with some, lessen rehabilitation, which does not provide the same pavement life. Pavement maintenance.'activities (rather than Capital Improvement Projects) can typically be separated :into two categories,: ; preventative maintenance; and corrective maintenance. Preventative maintenance; _such as crack sealing.aind seal coats; are used on a regular basis,to maintain°pavemehfin a_good condition, and to seal the surface to prevent water intrusion. Such maintenance; serves to extend the life of the surface at a relatively low cost,,' Corrective: maintenance is used to remedy a pavement distress and includes patching; localized repairs, and thin. overlays. Such„an approach provides timely mitigation of problems, and can, but doesn't always increase the useful life of the surface. Pavement maintenance is a critical part of an overall pavement'.managerneint strategy:. I_' 1 - ,, the'O. y would be able to fund an ongoing program that combines regular: preveritative maintenance with pavement rehabilitation and reconstruction to continually improve the City's pavement condition to a level that' minimizes maintenance costs in the future..As 'indicafed in the foregoing response, the City's -resources ;are inadequate for this approach, thus the Public Works department attempts to conduct a.maintenance program thatseeks to expend limited resources on a combination of good streets, to keep .them 'in bet'ter repair,, and on worse streets that have:not yet ,failed and which can be addressed by something less than a reconstruction. Unfortunately, due to the conditions of: our streets, ,patching, and repairs are frequently reactive activities, :rather than proactive ones,,, and ,are often based on citizen complaintsi rather than on, an established maintenance schedule. 'These activities usually occur on streets that are already in poor condition and b provide only short term improvement. While temporary. repairs may satisfy an immediate need, which is 'irnportant to the satisfaction of our residents, they do little to improve the overall condition or life expectancy of such, streets. -Expending what is already inadequate funding on temporary repairs is necessary -to avoid complete failure of some portions of :our road system, but reduces resources and impairs our ability to complete full rehabilitation of street sections. Regardless of the cause, the problem today is inadequate funding to maintain the current pavement. condition, much less make significant improvements. What is being done is an effort to better inform the community and decision makers' of proper pavement management strategies, and adjustments that serve to better organize the maintenance program to make the most efficient and cost- effective use of all available resources. ROADWORK PROJECTS;COMPLETED OR PLANNED IN THEIAST TWO YEARS Project Washington and Sizth;Street Rehabilitation Crinella Drive Reconstruction Mcdowell Boulevard' North Rehabilitation Ely Road and Sunnyslope Avenue Ij Reconstruction Slurry Seal -;27 Streets Petaluma Boulevard South Road Diet - Surface Treatment Sonoma;Mountain Parkway TOTALS Date: Date: ATTACHMENT 1 Signed: 'David Glass, Mayor Signed: John C. Brown, City'Manager Total Project $ 1,943,175 $,1,178,202 $ 814,000 $ 665,188 $ 360,000 $ 906,239 $ 1,198,330 $ 7;065,114 Grant/Bond FY Funded Grant/Bond Grant/Bond Constructed (Y/N) Type Amount City Match $ 957,000 $ 986,175 09-10 Y CMAQ 09-10 & 10-11 Y Prop 1'B $ 1,132,202 $ 46,000 $ 728,000', $ 86,000 09-10 Y ARRA $ 614,000. $ 51,188 09-30 Y ARRA 10-11 Y Prop 1B , $ 292;046 $ . 67,954 TLC/Prop $ 877,400 $ 28,839 11-12 Y :11-12, Y CMAQ $ 1,036;000 $ 162;310 $ 5,636,648 $1,428,466, Signed: 'David Glass, Mayor Signed: John C. Brown, City'Manager Total Project $ 1,943,175 $,1,178,202 $ 814,000 $ 665,188 $ 360,000 $ 906,239 $ 1,198,330 $ 7;065,114 Response to Grand Jury Report Form Report Title: Doin,g' Nothing About Education Is No Longer an :Option Report Date: Response by: FINDINGS September 12, 2011 David Glass Title: Mayor and John C. Brown Title:- City Mariager F-8 Certain elected bodies (city and town council, County Board of Supervisors, governing body of a special district or. 'localagency formation commission with jurisdiction over all, or a portion of a school district) may request the County Committee on School District Organization .(CCSDO) to do a study on unification/consolidation (E. C. #35721 (c))'. Peialuma's Response: We agree with the finding numbered F-8. In January 2011 the retired Sonoma County Superintendent.of Schools appeared before the Petaluma City`Council and during the public'comment:portion of the agenda advocated his, position that school districts'withih Petaluma give full consideration to school district consolidation. While no formal action was .taken; individual Councilmember's expressed support for and encouraged sucb�an analysis. RECON MENDAT16NS R-2 Every city or town couneil'in Sonoma County should exercise their prerogative per the E. C. 35720-35724,,to initiate a CCSDO study or educational and. financial benefits that might be achieved for their citizens,throug'h consolidation or unification ofschool districts withintheir city boundaries. Petaluma's Response: Recommendation numbered. R-2 has been implemented. In.April 201.1 the O1d.Adobe.School 'District Governing Board accepted theinvitation from, Petaluma City, Sehools to pursue a study of school. district consolidation. In June Ml! the Sonoma County Office of Education (SCOE) authorized a study 'to analyze the consolidation of the Petaluma City Schools and Old Adobe Union School District.. The study is funded' by SCOE, and is expected to begin during the summer of 2011 and take approximately'8 months to complete. Date: Signed: David Glass, Mayor Date: Signed: John C. Brown, City Manager Report Title: Report°Date: Response by: Response to Grand Jury Report Form _ Whistleblower- Program -What We, D'on't.,Know,Gould Hurt Us - September 12, 2011 David Glass Title: Mayor and John,C. Brown Title: City Manager RECOMMENDATIONS R-1 Every', governmental,unit:' county, city, school board or special district should encourage employees 'and citizens alike to report suspected waste, fraud or abuse issues to a central county reporting location. This,local whistleblower hotline should be administered by the .'Civil' Grand Jury or the Auditor -Controller's offiee, to provide anonymity and assurance that,investigations will be thorough and impartial for any government entity in Sonoma County. "y°wouid'the Grand Jury want the County of Sonoma to provide this seryice and include cities and'other government entities'? We suggest -this for the greater good of the citizens_! Petaluma''s Response: 'Recommendation numbered R71. requires further analysis. The City of Petaluma supports and encourages the reporting of suspected waste; fraud or abuse. We`believe, however, that a central county.reporting location or:county managed hotline would be_ duplicative, of existing avenues for receiving and responding to complaints; and as -such is°would not be cost effective. The City of Pefaluma currently adheres to all state and. federal°whistleblower requirements: A process exists,for the investigation: of complaints: It ,protects the confidentiality ofthe reporting party, provides for„thoroughinvestigation into the;allegations, and for corrective action as warranted. Allegations ,can'he reported by calling 'the California State Attorney General's Whistleblower Hotline. The'Attorney General's Office refers such matters to the appropriate government authority for review and possible investigation, or may. investigate them itself depending on the issue. ,As, well,, contact:.inforniation.ds .readily_ available. to .report a.c_omplaint to the City Council, City Manager, .City Attorney or, affected department director. Citizens may also .attend regularly not City Coun, cl Meetings and provide' public comment: Additionally, a,citizen :currently has the right and ability to>filb:&compl'aint with the Grand Jury if they'hefieve ihat a„governmental agency has not responded adequately to a complaint. The City is .ektremely committed to ,maintaining a work environment where employees are encouraged to raise concerns about .fraudulent or otherwise inappropriate activity, Tle City is equally committed to preventing, any,form-of 'retaliation against reporting,parties, treatsseriously and investigates' promptly and properly all legitimate complaints, and reports results in an appropriate fashion.. R-2 When a'Sonoma County'ventral Whistleblower program. and administrator is established, every governmental unit should provide clear, easily accessible information about the program and'24 hour hotline on their websites, in their,employee training and as a notice on employee bulletin boards. Petaluma's Response: Recommendation numbered R-1. requires further analyais. The City does not believe that a central county reporting location or county managed hotline is the" best or most.cost effective way to receive and respond to complaints. The City currently posts notices.conveying that whistleblowers are protected and such notices include hotline phone numbers, the various protections afforded to reporting parties and related' statutes. R-3 The county.budget for 20.11/2012 and forward, include the°cost of a commercial whistleblower hotline service (est. less than $15, 000/yr) either as part of the operating budget of Civil Grand Jury or the office of the Auditor%Controller. Petaluma's_Response: Recommendation numbered R-1 requires further analysis. The Grand..Jury report estimates a„cost of less than $15,000 per year for a commercial whistleblower hotline service, but the report provides' -no information on the cost of follow up, .investigation; and/or enforcement activities, which depending on the severity of a complaint or, the complexity of an investigation, could,be significant. The City is not in a position to determine the ability of the Grand Jury or Sonoma County Auditor - Contro'ller's office', or any other County agency to support or implement a county -wide whistleblower program, either financially or administratively. These matters are best determined by the affected departments, the County Administrator, and the Board of Supervisors, and ',to their collective judgment we would defer.. R-4 The designated office for Sonoma County should provide anannual report to the public on the whistleblower -program. including such information as the.total,number of whistleblower complaints, received, the number:of complaints that were formally investigated, and the dollar value (if applicable) that was recovered. Petaluina's Response: Recommendation numbered R-1 requires further analysis. If such a program were to be implemented, annual tracking of"its performance to determine ongoing necessesity'would be important. As previously'stated, however, the City does not believe that a central county reporting location- or'county managed hotline is the best or mostcost effective way to receive and respond to complaints. 10 Appendix' 3 Questions to' Requested Whistleblower Response 1. Do you post copies of the State whistleblower statutes and hotline number in your employee breakroom? Petaluma's Response: Yes, the State whistleblower'information,'including hotline number, is posted on all official City bulletin boards. 2. How, would an emplovee.allegation ofsignificantwrongdoing be directedwithin your organization? Pe'taluma's Response: Per City policy, an employee is required :to promptly notify his or her supervisor, or the .Department Director, or the;Human.Resources Manager. 3. How would a citizen allegation"of significant wrongdobig be directed within your organization? Petaluma's Response: ' A reporting party would be.directed to the appropriate Department Director, or the Human Resources Manager or the City Manager. 4. Do you,beli'eve that present laws,and practices provide an adequate safeguard for`your organization .and for, -those individuals who may wish to report wrongdoing? If yes, please explain. Petaluma's Response: 'Yes, employees have legal protection and may report wrongdoing "Outside the chain of command. S. Do you believe. that a local twenty-four hour hotline, additional assurance of corijidentiality, and summary annual reports to the citizens would be of substantial value When managing, increasingly scarce governmental resources? yes no Petaluma's" Response: °No,,:the State of California "provides a hotline. . Given time and adequate description of a proposed structure and process, would you consiaerformally.wt6piing a resolution to participate in a countywide whistleblower program, administered by, either the grand jury or the county auditor -controller office? Petaluma's: Response: Adopting such a resolution does not appear to be necessary. Date: Signed: David,Glass, Mayor Dater Signed: John C. Brown, City Manager PETALUMA POTHOLES SUMMARY ATTACHMENT 3 The Grand Jury reviewed the Petaluma Public Works Department, as to the providing of timely service for maintenance and repair of city, facilities. Public outcry over,potholes in the streets and non- functioning streetlights led to this investigation. We found that communication between staff in the Public Works Department and their counterparts in the Water Resources and Conservation Department was not adequate to provide timely completion of work and resulted in less than satisfactory final work products. During the course of our investigation, the city initiated a reorganization abolishing the two departments mentioned above, combining them to create a new Public Works and Utilities Department. The city indicated that this reorganization was done to address budgetary shortfall issues. The Grand Jury believes that the communication problems we observed can now be more efficiently addressed with all the city infrastructure maintenance personnel now reporting to the new position of Director of Public Works and Utilities. GLOSSARY Public Works—Facilities and services of infrastructure for the use and benefit of the general public. Infrastructure—Basic facilities, services and installations needed for the functioning of a community or society. Examples applicable .to this report include: water supply (treatment and distribution), wastewater collection (treatment land disposal), storm water collection, electrical service, television service, telephone service, natural gas service and public streets. INTRODUCTION The 2010-2011 Sonoma County Grand Jury decided to investigate the City of Petaluma's Public Works. Department's continued media criticism regarding issues relating to potholes, streetlights and the overall condition of the city streets. The investigation process led. jury members to a review of the city's organizational structure and the revenue sources that support public works functions. INVESTIGATIVE PROCEDURES Specifically, Grand Jurors reviewed city organization charts and city websites as a whole, and specifically, the Departments of Public Works and Water Resources and Conservation. Research included review of_print media for information relative to public works issues in Petaluma and interviews of several city staff members. DISCUSSION l� Petaluma's water treatment and,distribution system, originally privately owned and operated, was taken over by the city over fifty years ago and became the responsibility of the Public Works Department. At that time the Public Works Director was also the City Engineer and reported to the City Manager. In 2000, a re -organization took place resulting in the establishment of a Water Resources and Conservation Department in addition to the Public Works Department. Both departments reported individually to the City Manager. Water Resources and Conservation became responsible for the water,, sewer and drainage functions that were previously the responsibility of Public Works. The City Engineer was, at one time, located in the Community Development Department and then transferred to Public Works. This was the organizational structure in place when the. Grand Jury started its review, and this convoluted structure appears to have contributed to the lack of communication observed by the Grand Jury. In recent years, the city has had to -reduce staffing in many areas due to declining revenues resulting from the overall economic downturn. Maintenance staff reductions have resulted in delays in addressing on-going needs such as pavement repair and replacement of streetlights. During the preparation of the. Grand Jury report the city established a Public Works and Utilities Department replacing the two previously separate departments. While.this change was primarily to address budget issues by eliminating positions, it may also result in improved services by improved communication and more, efficient sharing of resources. FINDINGS F1. Staff reductions, due to budgetary -priorities, have left the city without the proper resources required to adequately maintain and repair all city infrastructure. F2. Limited communication between the two departments with public works' responsibilities creates delay in accomplishing important infrastructure activities. F3. The department responsible for street maintenance (former Public Works Department) did not appear to have the authority to supervise and approve street repair work done by, or under the direction of, the former Water Resources and Conservation Department. RECOMMENDATIONS R1. The new departmental reorganization should result in improved cooperation between those employees responsiblefor repair of infrastructure buried in the streets and those responsible for the surface condition of the streets. R2. Cross, training of Public'Works and Utilities Department employees should be a major goal within the new combined administrative structure. The -result should improve both service and efficiency. R3. Budget priorities should be set that provide the necessary funding to maintain the current minimal level of maintenance, and to prevent further degradation of infrastructure. R4. Future funding, sources need to be found to acquire restoration, replacement and/or upgrading revenue. REQUIRED RESPONSES From the following:individuals: ® Petal Lima, City Manager: R1, R2, R3 and R4 From the following governing bodies: ® Petaluma City Council: R 1, R2, R3 and R4 The governing bodies indicated above should be aware that the comment or response of the governing body must be conducted subject to .the notice, agenda and open meeting requirements of the Brown Act. iii Doing Nothing About Education Is No Longer an Option The .Tourney Begins With One Step SUMMARY The 2010-11 Grand Jury has studied the issues of school district consolidation/unification in Sonoma County. The investigation.was initiated by a citizen's complaint. Sonoma County has over 70,000 students, in 40 school districts; one of highest numbers .of school districts in the State of California. Our schools have problems including declining enrollment, teacher and instructional staff layoffs, school closures and lack of funding. In;this report, we want to make everyone aware that elected officials (i.e., County Board of Supervisors, city/town councils, and school district trustees) have the power to request studies of school district cons olidaiion/unification that could lead to significant positive change. We interviewed principals, district superintendents of both.small and large districts, the past and present County Superintendents of Schools, members of school district boards, members of the County Board of Supervisors and an aide to a local state senator. Most of'those we spoke with agreed that the current school district configuration is not financially sustainable. Reductions in state revenue, declining enrollment and the rise in charter school development have put the operation of our current school districts at risk. School districts are being forced to close campuses; increase class sizes, reduce days of student instruction and lay off teachers and other educational staff in order to cope with declining financial resources. Most of those we interviewed, agreed' that there could be dollars saved by school district consolidation/ unification. They also agreed that consolidation/unification might not be the right fit for everyone. Financial savings may not result`in program expansion or improved educational outcome for students. However, everyone agreed that our focus should be on educating our children. The Grand Jury believes that better education, not cost savings, is the most compelling benefit that school district consolidation/unification may achieve. Improved education can take place through articulation and the implementation of some standardized teaching methods, which will provide a better focus to get students the best education possible. For example, the Twin Rivers School District consolidation has resulted in student achievement, with student test scores in math rising.over 100 pointsJ. They are on track to repeat this feat in their language arts program this year.. This success story could be emulated here in Sonoma County. We also found that the road to consolidation/unification can be dauntingz. There are complex issues that will be raised by the multitude of stakeholders involved in educating our children. There will be initial costs, ,and the time frame to realization will take patience. Consolidation may not be for everyone. There are many inequities in funding'between the various, districts in Sonoma. County 3. The County Superintendent of Schools is not authorized by state. statute to step in or request studies in any of the school districts he or she supervises, nor can he or she initiate a study to reorganize such districts. However, these requests can, come from local school boards; city .governments or the County Board of Supervisors. If the same tenacity; commitment, enthusiasm and dedication of our educators can be 1 Twin Rivers Report 2010 report to the Community 2 The County Comnfittee Plans and Recommendations Flowchart E 3 Please refer to the glossary of definitions of Revenue Limit District and Basic Aid 16 duplicated in the, community -at -large, then the task of school district.consolidation/unification can happen. The idea will 'require a.great deal of political "will from all of"the stakeholders involved in education. The concept is educationally sound and has economic. merit. If your district is suffering economically, and/or seeing educational achievements falling, you should consider the, positive effects of consolidation/unification. This Grand Jury is aware of the recent developments in Petaluma, and we commend the three school districts involved and the Petaluma City Council for taking, the bold first steps on the road to consolidation/unification. We hope that their efforts are considered by the remaining Sonoma County School Districts. The Grand Jury commends all the educators we interviewed for their tenacity, commitment, enthusiasm and dedication to educating our children, in spite of the above-mentioned adversities. GLOSSARY ADA: Average Daily Attendance Articulation: (more specifically, curriculum articulation) The . process of coordinating curriculum content between primary and :secondary schools. Basic Aid District (or Excess Revenue Districts): Districts that have the advantage of being primarily funded by local property taxes (i.e., receive minimal .funding from state). They also have the ability to keep all their local property taxes thus giving them revenue in excess of that in Revenue Limit Districts: Sonoma County's 2010 — 2011 Basic Aid Districts are: Alexander Valley Union, Forestville Union, Fort Ross, Horicon, Kenwood, Montgomery, Geyserville Unified, Healdsburg Unified, Monte Rio and Sonoma Valley. CCSDO: County Commission on School District Organization CBOE: County Board of Education Charter Schools: Primary or secondary schools that are established and operated under a charter for a fixed period of time and that receive public money (also, like ,other schools, may also receive private donations), but are not subject to some of the rules, regulations, and statutes that apply to other public schools in exchange for some type of accountability for producing certain results, which are set forth in each school's charter. Student attendance in charter schools is based on parental choice. Consolidation: An "action to reorganize districts," which could consist of either: (a) An action to form a -new school district, which is accomplished through any combination of the following: (1) Dissolving two or more existing school districts of the same kind and forming one or more new school districts of that same kind from the entire territory of the original districts. (2) Forming one or more new school districts of the same kind from all or parts of one or more existing school districts of that same kind. -, N (3) Unifying school districts, including the consolidation, of all or part, of one or more high s1chootdistricts: with all or part -of one or more component schoot'di'stricts into one or more new, unified ischool districts. (4) Deunifying a school district, including the conversion of all or part of a unified school district into one or more new high school districts, each with two or more new component districts. (b) An action to transfer territory, including the transfer of all or part of an existing school district to another existing school district. (EC 35511) Dependent Charter, Schools:, Referred to as schools that are" established, or remain as, a legal arm of the school district or the county office of education that granted their charter. E.C.: State Education Code Independent Charter Schools: Referred to as schools that function as independent legal entities and are usually governed by or as public benefit ("not-for-profit") corporations. Acceptance of students isiat the discretion of the school's, administration. JPA: Joint Powers Agreement an agreement between two or more public agencies to provide services. Revenue Limit District: The amount of general purpose funding (state and local) a school district receives per student using ADA. SCOE: Sonoma County Office of Education Unified School Districts: School districts that include both elementary and secondary (middle and high schools) educational levels. BACKGROUND Sonoma County is divided into 40 school districts, which include 31 elementary districts, 3 high school districts, and 6 unified districts that operate both elementary and secondary schools for students residing within their boundaries. This pattern is a,carryover from a time when thecounty was largely a collection of agricultural communities separated by miles of open space and each community e§tablilshed.a local school district. In the early 1900s, when the population of the county was expanding and many small communities were established, the cou . rity'had in. excess of 100 school districts, largely compromised of "one -room schoolhouses." The majority of those 100 districts were consolidated into the present 40 districts by the development. of modem- transportation, larger and more permanent buildings and the. need to reduce duplication of efforts and associated costs. Currently, Sonoma County has 112 school districts, each consisting of only one school, and, several of these have only a single. classroom. APPROACH As members of the Grand Jury, we have ' access to community leaders, institutions and expert professionals who. have studied the multitude of competitive priorities and restrictions that shape public 0 education in Sonoma, County. Unfortunately, many of these priorities.and restrictions have more to do with politics and employment security than they do with how well students learn and whether the system has sufficient flexibility to meet the needs of a very diverse student population. We have examined education in the county because it is one of the most important issues that we face as a community. Each school day shapes the future of over 70,000 children. Their lives will either have a positive or a negative impact on Sonoma County, California and the world, well into the next century. The Jury made the most of our brief opportunity by using our access to interview local education leaders: school board members, superintendents, principals, officials from the Sonoma County Office of Education, members of the Sonoma County Board of Supervisors, a state senator's staff member and we traveled to hear presentations from the leadership of a newly consolidated school district near Sacramento. We found that everyone agreed. on one thing, which is that we�'must do better! We cannot continue with business=as-usual in public education. Numerous national and state studies have shown our students don't have the basic language and math skills that will allow them to compete with the world for the jobs of today and tomorrow. We observed a lack of agreement among the professionals regarding priorities to make educational improvements. There is no single thing we need to do. Instead, there is a need to rally all stakeholders (every citizen, parent, political leader, teacher, administrator) to find ways of getting a far better student educational outcome without massive additional expenditures. The Jury sees fertile ground for 'improvement in inter -school communication of student records, optimization of curriculum and teaching methods (articulation), inter -district sharing of best practices and resources, some district consolidation, more choice for parents and students and renewal of public interest and focus as though our very future depends on it - - because it -does. Therefore, we offer our ideas in the hope that they will help propel improvement in K-1'2 education in Sonoma County. We also discovered that several County Boards of Education in the state are consolidating from old rural seven member trusteeships to five member trusteeships. This conforms to the constituency lines of the local Board of Supervisors. This action has generated a cost savings to the taxpayers in election expenses, health and welfare, benefits and travel and conference costs to the County Offices of Education. The CCSDO should study this option with its regular census review. DISCUSSION The Grand Jury visited the recently unified Twin Rivers School District in the Sacramento area and interviewed the superintendent of schools and various administrative staff. This newly unified district, now in its third year, was the result of.five years of concerted effort, involving dedicated leadership, parental involvement and political support. Twin Rivers managed to unify four school districts with diverse socio-economic mixes into one unified school district. The unified district is not yet able to quantify the financial benefits. Financial issues include the melding of four union contracts into one and the creation of an equitable distribution of bond liabilities. Educationally, Twin Rivers, in its most recent 2010 report, achieved the highest increase in their Academic Performance Index (API) this past school year on a school -by=school basis. The Grand Jury does not suggest that consolidation/unification of school districts is a panacea that will cure all educational and financial problems. But it may, in appropriate situations, make expenditures 1� more productive and improve: student achievement. We do suggest ,that those districts, which are experiencing one or both of these problems, ask SCOE to ,do a, study of -potential consolidations/ unifications leading to a public hearing, if it is deemed advisable. School principals interviewed were very clear about their problems. The most salient being: 1. Ever -decreasing budgets, 2. Lack of articulation in moving from grade school to middle school and/or grade school to middle school to high school, 3. Negative impact:of charter schools on public schools, and/or 4. Declining enrollment In interviews with school trustees we, found either total opposition to considering consolidation/ unification or only a vague mterest'in pursuing unification. However, there was not much knowledge of the process needed to achieve that objective. In interviews with representatives of the County Board of Supervisors, we experienced an immediate push back. One stated that while the board members were very interested in education, they did not feel that schools were within their purview. We believe that those elected bodies either do not know, or choose .to ignore, that they ;can "require SCOE to do a study on consolidation/unification. It is obviously an act with some political risk. There are bona fide examples of efforts to consolidate school districts in California. In 2010, the City of Santa Paula asked that the Ventura County School District Organization Committee conduct a study of the merger of Santa Paula School Districts. The issue may go to a public hearing as early as June 2012. In addition, our own local community of Petaluma has several districts currently in discussions regarding consolidation, as evidenced in current Press Democrat articles. It can be done! The final arbiter of education in ,Sonoma County, as in all other counties, is the State of California. The state establishes funding, promulgates, the education code, sets, the annual number of required school days (currently at 175, down from 180 the previous year) and determines education standards. In this capacity, one would think that the state would show considerable, interest in education problems at the local level and want to help with finding solutions. In several attempts to meet and discuss these matters with one of our local state senators, there was little cooperation. We did meet an assistant of our state senator who came from Sacramento. He met with us for two hours, returned to Sacramento, and was never to be heard from again. What have we learned from all this? Change is possible; however, not without information to drive the complex process. Information is available; one only needs to ask SCOE. SCOE knows more about education in Sonoma County than any other group, but cannot initiate the studies to help a school district in trouble unless they are requested to do so; counter intuitive as that may seem. We recognize that while not all school districts may appear to benefit from consolidation/unification, all those that are now in immediate need of academic and financial improvements should begin to explore the possibility. The system needs to become more effective and efficient. Parents, and every other citizen, need to be involved,.but leadership should come from elected officials. These elected officials need to get involved by starting a flow of information that would ultimately drive public opinion to find and 6 implement beneficial ne..wMructures for our schools. This report is asking those elected bodies to tell all of us what they, intend to do in the future. FINDINGS F 1. There are 40 school districts in Sonoma County, one of thehighest numbers of districts in any California county. F2. With over 70,000 students in 40 school districts, Sonoma County has more school districts per pupil than any other similar county. F3. School, districts are closing schools. Student population and budgets/revenues have been declining, and are expected to continue to decline in Sonoma County. F4. Charter Schools are in in number and student enrollment in Sonoma County. F5. State funding has decreased in California. F6. The graduation rate is in decline, and the dropout rate has increased in Sonoma County High Schools. F7. Parents are able to take over failing schools (Charter Schools) and/or move their children out of failing schools (Open Enrollment Act, E.C. 48350) F8. Certain elected bodies (city and town councils, County Board of Supervisors, governing body of a special district or local agency, formation commission With jurisdiction over all, or a portion of, a school district) may request the County Committee on School District Organization (CCSDO) to do a study on unification/consolidation (E.C. #35721 (c)). 1 F9. The County Superintendent of Schools does not have the authority to initiate a study on consolidation/unification even if a school district is, or is in danger, of economically failing F10. The last study of school district consolidation/unification.in Sonoma County was initiated in 2004. F 11. Articulated curriculum supports consistency in learning experiences from feeder schools to high schools. F12. School Boards of districts in receivership lose financial control (assumed by a trustee appointed by the state) but.continue`to control those academic decisions that have no.financial implications and remain in an advisory capacity. F13. As noted in F8 above, CCSDO oversees and approves school district requests for territorial transfer, school board issues, and studies for consolidation. They approve all school district consolidations before sending them to the state for approval prior to final public approval by election. F14. The County Board of Education is an elected body of seven trustees at present. The CCSDO has-.. the authority to reduce membership to five trustees to realize a cost savings to the citizens of Sonoma` County. F 15. There has only been one contested election for the County 'Board of Education in the last 10 years. F 16. Student record transfers from ,one school district to another are problematic. In some instances it can take up to a year to get records transferred within Sonoma County. F17. Parents can get statistical data for a teacher's grade level performance from SCOE; however, districts do not disseminate this information routinely. F18. A breakdown of the number of schools in the school districts of Sonoma County is as follows: 12 districts 1 school 6 districts 2 schools 4 districts 3 schools 5 districts 4 schools 3 districts 5 schools 2 districts 6 schools 8 districts have between 8 and 19 schools Additional information can be found in the attached Appendix. F19. Some Sonoma County school districts are failing financially (Schedule of 2010 - 2011 Financial Reporting in the attached Appendix). RECOMMENDATIONS R1. Every school district in Sonoma County that is not currently a K-12 or basic aid district should request a CCSDO study to determine if educational and/or financial benefits could be achieved through either consolidation or unification. R2. Every city or town council in Sonoma County should exercise their prerogative per the E.C. 35720-35724 to initiate a CCSDO study of educational and financial, benefits that might be achieved for their citizens through consolidation or unification of school districts within their city boundaries. R3. As per the E.C. 35720-35724, the. Sonoma County Board of Supervisors should request that the CCS.DO 'initiate a fact finding study for the purpose of determining the educational and financial benefits, 'if any, of reconfiguring or consolidating school districts within their overlapping jurisdictions within Sonoma County into K12, or other configurations, of unified school districts, that would benefit all stakeholders. R4. The Sonoma County Superintendent of Schools should sponsor twice -annual regional meetings of all school district superintendents to: (a) discuss and implement "best practices"; (b) explore and implement school district cost-sharing programs that would reduce school district duplication; �I (c) initiate horizontal'and vertical articulation of classroom curriculum, in order to meet educational needs, which benefit the students going forward feeding into the high school district; (d) provide for prompt transfer of pupil records among all schools that any student may chose to attend in Sonoma County, especially those students who are entering a secondary school districts. R5. All CCSDO studies should include the statutory elements required by the state educational code and: (a) an evaluation of an articulated K-12 curriculum, (b) the economic benefits of Special Education, transportation, administrative services, (c) board members' health and welfare benefits, and (d) stipend savings through elimination of duplicate services. R6. The CCSDO, in an effortto better manage costs, should istudy the, potential savings available by reconfiguring the CBOE trusteeships (currently 7 members) to align with the County Board -of Supervisors (currently 5). A new, smaller CBOE would then also reflect current census distribution within the county. R7. The County Board of Education and the County Superintendent. of Schools should support and work with state legislators to establish a provision in the educational code that would empower the County Superintendent to make his/her own request for district consolidation or unification studies if a school district has filed qualified or negative financial certification for two or more years. R8. The Sonoma County Board of Education should conduct a study of SCOE to determine the possible costs and savings of fewer school districts to manage,Sonoma County Schools, and where those costs/savings, if any, could be applied to better the education of students. R9. All 40 Districts in Sonoma County shall respond to the following questions, which will be published by the Grand Jury: a. After hearing public comments and by a majority vote of the Board of Directors we _invite or decline to cooperate with a SCOE funded study to discover whether there could be benefits to both educational and financial costs in district consolidation. b. Current 2010/2011 enrollment is Enrollment for 2009/2010 was c. We are currently a K-12 unified school district? yes, or no. If not our current structure is: d. We are or not currently classified as a Basic Aid District. As a Basic id District we derive the following financial benefit: e. We currently have enrolled students living outside district boundaries. Five years ago there were students living outside district boundaries. d�� f. We currently have, students living inside district_. boundaries who have chosen to attend schools in other districts. How many such students were there in the 2005/2006 school year ? g. There are currently dependent and independent charter schools operating within our district. Five years ago there were dependent and independent charter schools in our district. h. We currently have developed effective protocols with all. surrounding districts to insure complete and timely access to student records transferring in or out of our district _yes no. i. We currently have or have not implemented coordinated plans to insure articulation and basic curriculum compatibility with those districts most likely to receive our students and from whom we are.likely to receive students. j. We currently have or do not have Joint Power Agreements (JPAS), or similar significant shared cost' saving _plarns with neighboring districts. REQUIRED RESPONSES TORECOMMENDATIONS AND FINDINGS From the following school districts: To R1, R9 and to Findings F3, F5, F7, F11, F16, F17, and F19: Alexander Valley Union Bellevue Union Bennett Valley Union Cinnabar Cloverdale Unified Cotati-Rohnert Park Unified Dunham Forestville Union Fort Ross Geyserville Unified Gravenstein Union Guerneville Harmony Union Healdsburg'Unified Horicon Kashia Kenwood Liberty Mark West Union Monte Rio Union Montgomery Elementary Oak Grove Union Old Adobe Union Petaluma City Elementary Petaluma Joint Union High Piner-Olivet Union Rincon Valley Union Roseland Santa Rosa City Elementary Santa Rosa City High Sebastopol Union Sonoma Valley Unified Twin Hills Union Two Rock Union, Waugh West Side Union West Sonoma County High Wilmar Union Windsor Unified Wright k�1 From the City or. Town Councils of Cotati, Cloverdale, Healdsburg, Petaluma; Rohnert Park, Santa Rosa, Sebastopol, Sonoma and 'Windsor to: R2 and F8. From the County Superintendent of Schools to: R4 and R7, F1, F2, F3, F4, F5, F6, F7, F9, F11, F12, F17 and F19. From the Deputy County Superintendent of Schools to: R8 From the Sonoma County Board of Education to: R4, R6, R7, and R8, F14 and F15. From the County Commission of School District Organization to: RI, R2, R3, R5, and R6, F8, F10 and F13. BIBLIOGRAPHY Individuals Interviews Conducted: ® County Superintendent of Schools ® Former Superintendent of Schools ® School District Superintendents ® Presidents of Boards of Trustees ® Member of the School District Board ® Member of the California School Board Association ® Deputy County Superintendent of Schools ® High School Principal ® Middle School Principal ® Sacramento Area Superintendent- of Schools ® Sacramento Area Administrative Staff ® Santa Clara County Grand Jury Member ® Sonoma County Board of Supervisors Members ® Sonoma County Administrative Officers ® Field Representative for State Senator. m Sonoma County Public Information Officer Documents Reviewed: Sonoma County Schools Directory, California State Education Code, Santa Clara County Grand Jury Report (2009=2010 School Consolidation), Twin`Rivers School District Publications, West Sonoma County School Study (Published 2006), Financial Accountability and Oversight Program Provisions (Assembly Bill 2756- July 2004, Sonoma County Office of Education Statistical Reports, California Department of Education Program ("NAEP"), Star School Test Results, Santa Rosa Press Democrat Articles, Ventura County Article, Various Education Websites, California School Financial Report, Lawsuits against the State of California (Adequate Funding, Structure) 0 APPENDICES Map of Sonoma County School District (SCOE Report) The County Committee Plans and Recommendations — Flowchart E (SCOE Report) Financial Status (SCOE reports as -of 3/31/2011) Statistical Schedules of School Districts (SCOE Report) Sonoma County School Board Member Stipends Benefits (SCOE Report) Sonoma. unt'Stho-®Districts There are 40 school districts that provide kindergarten through grade ►z education for Sonoma County: 3J elementary school districts, 3 high school districts, and 6 unified districts. Students in elementary districts "feed". into high school or unified districts as indicated by the color coding on this map. <UoveddeUhiHe� Noricon {= Koshia ' � 54:ffi Y.���;�'4b:f�� �f •�w�4'u�:.. J�f,.a_ iC.y.�'S'W. ram.. P ' ,.�'� ^ " r �"i.`,h* yc ,r '^"'`ems° �. FbresNile Uuk Grove' Harmony Sebastopol+ r Twin v• t f Nib Giavenst t4. .s..A:,: "Unlf'rad..;sy„F Sonoma on Vol 01UnZed i�r 'N1n Students attendingschgol in elementary districts transition to secondary schools in these four districts.h-:- ., Healclsburg Unified'School District . ='° =j Petaluma Joint Union High School District xTw,......,.... �. IN Santa Rosa City High 5ihool District ❑ West Sonoma County Union High School District Unified districts operate, both elementary and secondary schools for the students residing within their boundaries. Cloverdale, Cotati-Rohnert Park, Geyserville, Healdsburg, Sonoma Valley, and Windsor are unified districts. Horicon and Kashia are unique in that these small elementary districts feed into Mendocino County. Lit L) EL- Q z 10 CL LLI Q w W 00 {_} W 4 U r• QM M r Q Q W r i5 W �N�' N C�4�•� a s Q _u cz�U gu, `n =uw X a3 a o slap ou 00, t a, v p N vii Nun:- v N G; .r U o•� E�m a cG �6 a o cs o'vs M:tN,,, C 05 Q tr7 61 t01� W W C O_ T CD tt ¢ rN" ar_ -------i' 0. 'C ti v,r ° it :3LP O. M 0- C-01) ENac4n Eca' °.or0„w T 3 a V °� W U"N 4i1 z O W U p � t a, CURRENT SONOMA COUNTY SCHOOL DISTRICT INFORMATION 05 _• . Alexander Valley Union (Bellevue Union IBennen Valley Union ICinnabar ICloverdale Unified ICotati-Rohnert Park Unified IDunharn Forestville Union IFort Ross IGeyserville Unified IGravenstein Union IGuerneville (Harmony Union IHeal dsburg Unified IHoricon IKashia IKenwood ILiberty Mark West Union Monte Rio Union IMontgomery IOak Grove Union 101 Adobe Union IPetalurna City Elem/Fligh IPiner-Olivet Union IRincon Valley Union IRoseland ISanta Rosa City Elem/High ISebastopol Union ISonoma Valley Unified (Twin Hills Union ITwo Rock Union I Waugh IWest Side.Union IWest'Sonoma County Union High 1 Wilmar Union (Windsor Unified IWright ITOTA.LS 1 128 1 5 1,602,576 4 1,762 5 5 13,716,875 2 957 3 5 6,883,627 1 195 1 5 2,099,604 5 1,525 4 5 11,006,662 11 6,206 18 5 45,898,2991 2 178 1 5 1,420,108 2 434 3 5 3.672,844 1 3 555,3801 1 4 44 255 2 5 2,859,6241 3. 617 2 5 4,118,0761 2 296 2 5 2,560,8841 3 I 774 6 5 2,762,7391 4 2,048 10 5 15,527,725 1 73 1 5 1,426,078 1 11 1 3 269,000 1 148 1 5 2,009,182 3 1,172 16 5 3,532,691 4 1,428 6 5 9,239,365 I 5 1,110,913 1 1 95 1 1 37 1 5 595,225 3 812 4 5 7,152,34,1 4 1,771 9 5 13,020,102 18, 7,875 36 5 63,636,707 5 _ 1,671 8 5 8,809,466 8 3,123 9 5 27,655,530 3 2,168 14 5 15,365,821 32 16877 53 7 130,497,289 5 1,077 4 5 5,607,793 12 4,671 16 5 36,066,3311 4' 991 6 5 4,839,638 1 187 1 5 1,876,37.1 2 1 920 2 5 6,356,801 1 171 l 5 1,193,060 20,452,5061 4 2,344 11 5 1 204 1 5 1,564,624 9 5,720 16 5 40982,035 3 1,487 8 5 11,739,466 172 70,152 285 188 529,683,358 Information compiled February 4, 2011 to Sonoma County Office of Education 2009/10 District Financial Reporting Status ;Sonoma County 2009-10 District Financial Status i I 08-09.2nd interim District Name Budget ! 1st Interim Report � 2nd interimw:Re ' of t• ... _. (� _ . ;=..=,'::.:..'.`. ;;-.:...: expend, Trans out ` Self .Ceriificat►on 1: Fin alsCertifcat>:on_ ;, 4 -Uses 1lPf')sitice Cloverdale I Approved ('tiatiili c, Negative Negative 12,83-5.053 i 2 i Positive Cotati=Rohneri Park I Approved i}.oalliiC(1 Negative Negative. 52,019,420 Forestville Approved Qkuliifiied 4', Positive Geyserville Approved fit?:tlilec.d t,lli2i,Illli't i)t;:;li le(I "•"t'� S Nc_xtiic Healdsburg Approved `�ii:4iifiet! 'hfai.rfi<'ri Ne,irti+e 19,,9f1,.116 6 1 Negative Piner-Olivet Approved Oli.,@ilied Positive 4 7:Positive. Sebastopol Approved d tl,tlilictt ::i1'i;itr; t�ii,alit�tti i.�tf .h;ts West Sonoma County High SD Approved Quahfictt: # uallified Qllahfied 21,381,` 7 ,. ;.. Po'stive w/,serious:;: .° eusitiSe..,.. ,. ►. h' of 9 Santa.Rosa C ty:Sc o:' s - A` ioved pp r ._._... '''' '=Positive-: Positive` .... '. reservations'<". . ..........,.. I0 Positive West County Trans JPA Approved Positive Owditied Qualified 1#J,(1{Jy,�s9ti n vi 6ers14tan Wilkenin.�'�kppDatalLocal\.%licrosoft\Windoa•s:Temporarp Internet Files`•.Content-IE5i7 ,9N8JO-n.F'inancial Status - Question 94 - Grand JurvFinancial Status - OKMiUdIA*c40d4;d3tatW SONOMA COUNTY SCHOOL BOARD MEMBER SITP SDs BENEFITS — I -. Ir• r 4� -5 .t{ t' .f r. t' 1 tl. • ,r e• � 1 Alexander Valley Union Bellevue Union Bennett Valley Union Cinnabar Cloverdale Unified Cotati-Rohnert Park Unified Dunham Forestville Union Fort Ross Geyserville, Unified Gravenstein Union Guerneville Harmony Union Healdsburg Unified Horicon Kashia Kenwood Liberty Mark West Union Monte Rio Union Montgomery Oak Grove Union Old Adobe Union Petaluma City Schools none $50 X x X none may purchase benefits at employee rate at own expense none X may receive a stipend of $229.64 or participate in benefits up to"$591/mo $240 X X X X $1331/ino toward all benefits none $10 (dinner allotment) may purchase benefits at employee rate at own expense none none may purchase benefits at employee rate at own expense $10 - deposited into an account for lunches, retiree gifts, etc. none none none none may purchase benefits at employee -rate at own expense $30 none none none may purchase benefits at employee rate at own expense none may purchase benefits at employee rate at own expense none none may purchase benefits at employee rate at own expense $240 cash stipend & $260 towards benefits or $500 towards health benefits none up to $839/mo X X X SONOMA COUNTY Saiou BOARD MEMBER SITPENDs BENEFITS :a .1- t 1 .`t 1�t. 1 I' ;i Piner-Olivet Union none Rincon Valley Union $250 may purchase benefits at employee rate at own expense Roseland none up to $1659h110 X X X Santa Rosa City $400 X X, X X S565/mo towards all benefits Sebastopol Union $75 SCOE $315 up to $2048/mo X X X Sonoma Valley Unified none Twin Hills Union none Two Rock Union none X $400 contribution to medical benefits Waugh $45 may purchase benefits at employee rate at own expense West Side Union none West Sonoma Union High none X. X X X Wilmar Union none Windsor Unified $216 up to $15191/1110 X X. Wright $125 X X X $1530/mo toward all benefits NB - An "X" in the benefits column indicates the benefit is paid by the district. Government Code sections 53200 through 53210 state that a local agency's contribution toward the cost of benefit premiums for board members whose service begain as of January 1, 1995 or later, are limited to a contribution no greater than the highest contribution made on behalf of any employee group. The "up to" limit on this spreadsheet does not apply to all board members in the various districts. Board members taking office after 1995 may receive less than the "up to" figure. 2/11/11. SUMMARY WHAT WE DON'T KNOW. COULD HURT US The Need: For A Whistleblower Program In Sonoma'County, Whistleblower Tip Nets HRS. $20 Millions - Glaxco Smith Kline Pays $750.,Million2 Tenet Healthcare Pays $62,550,0003 $6.89 Billion Returned to the U.S. Treasury4 It's no secret that .waste, fraud and abuse exist, as evidenced in the recent news exposes listed above. All of the recovered money listed above was the result of whistleblowers coming forward to expose the waste, fraud or abuse in companies and/or government entities. A whistleblower is a person who exposes wrongdoing about an employer, business or government entity to the public, or to those in the organizations who are in a position of authority and who can affect change. "Whistleblowing" is an activity that requires the utmost confidentiality and trust. Absent the confidentiality and trust that the information will be well handled, whistleblowing will not occur and important information needed to effectively confront waste, fraud and abuse will not be available. In these cases, we can expect that what we don't know could hurt us as citizens and taxpayers. Getting whistleblower information is also a matter of convenience and accuracy. That is, the ability to make a report at the right moment and' having the ability to convey verbal or written information accurately and efficiently. The State of California offers a central whistleblower hotline, which requires public employers to publicize hotline contact information and also prohibits workplace retaliation. However, using the state system, the calling party is likely to be redirected to one or more local agencies where the complainants must repeatedly make their case and where confidentiality can be lost. Many public entities in California have created their own whistleblower programs as a way to provide greater availability, responsiveness and anonymity for employees and rCitizens who make complaints within each county. We believe that,the public entities in Sonoma County would be well served by implementing a single, central, local program. This Grand Jury report is concerned with improving -the mechanisms for receiving and dealing, with complaints from employees or citizens about,fraud, waste -or abuse of authority against any regularly constituted district, council, board', commission or agency that provides, services to the citizens of Sonoma County and is funded through locally collected fees, special assessments or taxes. The Grand Jury recommends that all governmental units within Sonoma County cooperatively institute and publicize one inclusive whistleblower program that would provide an anonymous hotline, an annual reporting system and the assurance that consideration of the complaint will result from a single phone www.usatoday.com (04-08-11) '- www.nytimes.com (10-26-10) 3 www-.hirst-chanier.com/lO.html 4 www.phillipsandcohen.com call. Absent such a program, there are many possibilities for either suppressing critical information and/or for career -altering retaliation against a whistleblower. BACKGROUND. California Government Code section 8547 et. seq. and Labor Code section 1102.5 establish whistleblower legislation that,protects employees who complain against their employers. Section 8547 et. seq., known as the California Whistleblower Protection Act, provides that "state employees should be free to report waste, fraud, abuse of authority, violation of law, or threat to public health without fear of retribution." Section 1102.5 provides that "no employer shall retaliate against an employee for disclosing information to a government or law enforcement agency,, where the employee has reasonable cause to believe that the information discloses a violation of state or federal statute, or violation or noncompliance with a state or federal regulation." During its investigation, the Grand Jury called the state hotline number to determine how complaints are received and handled. Employees of organizations other than state. agencies can phone in or email their complaint to the State Attorney General's office, while complaints related to state agencies are directed. to the State Auditor/Controller's whistleblower hotline. In ei;thercase, the receiving office attempts to understand the nature of the' complaint and -then directs, the individual to the appropriate agency at the state or local level. The complaining individual subsequently must contact another office to get the complaint heard. It is likely that this complicated process deters people with valid complaints from following through with contacting more than one agency. Also, individuals who have complaints about a county or city employee may view the state's hotline as too farremoved from the city or county, thereby decreasing the chances that their complaints will be acted upon. Therefore a single, countywide hotline would address this issue. If one of several available commercial hotline services were used, accessibility would be extended to "24/7/365," and information captured would be complete and accurate because the caller would speak with a trained person (not an answering machine.). Multiple (40+) :languages would be accommodated, -anonymity would be assured and costs (est. less than $15,000/yr5) would be far less than attempting to staff one or more similar functions locally. INVESTIGATIVE APPROACH The Grand Jury gathered information on whistleblower legislation in the. State of California. In addition, each of"California's 58 counties was contacted to determine. its whistleblower approach. As detailed below, at least 11 counties,have instituted their own whistleblower programs. Administrators and elected officials.in Sonoma County were interviewed to gather historical perspectives and current thinking regarding a county -based whistleblower program. The Grand Jury researched available commercial ethics hotline companies and their case management programs. DISCUSSION A locally administered, independent and confidential whistleblower program for all of Sonoma County would provide governmental employees, elected board members and citizens the assurance that 5 Based on a written quote from a national company. �3 allegations of fraud, waste or abuse of authority can be anonymously reported and resolved without the threat of retaliation. Two options were considered b_y the Grand Jury. The, first `option is the County Auditor/Controller's office could administer a central whistleblower program and that any governmental units within Sonoma, County could agree to participate/cooperate. The County Auditor/Controller's office currently has an employee complaint evaluation system through its "Inappropriate Actions Committee," which could be expanded into a full-fledged whistleblower program. The complexity would, come in getting voluntary participation from other governmental units operating within county borders. There are numerous examples of similar programs at the county or even city level around the state, but these generally do not reach across governmental boundaries. A SINGLE, CENTRAL reporting location in Sonoma County would greatly enhance the assurance of impartiality, confidentiality and. citizen accountability. The second option is for Sonoma County's Civil Grand Jury to administer the whistleblower program. The Civil Grand Jury is citizen -based, judicially supervised and.empowered with special access and confidentiality. Although these are powerful advantages, the Grand Jury also has significant limitations in terms of investigative resources and the required annual turnover of=membership. Nevertheless, the Grand Jury, as the central collection -point in a countywide, whistleblower program, could provide an umbrella that comfortably covers all governmental units and offers a high level of confidentiality and trust for the employees and citizens. In addition, the Grand Jury could give assurance that complaints are not forgotten by using a summary in regular annual reports to the general public. Regardless of the option ,chosen,, l'egal.guidance would be needed as to, whether issues may have criminal content. Credible reports, or complaints, would be referred to appropriate levels of government, with the understanding that status reports would be required and that a central open file would be maintained, pending final resolution. The role of the central administrator for a whistleblower program would be to provide an additional layer of security and confidentiality and to extend the program's reach to include any governmental unit within the county. The Grand Jury may be better suited for this role because it already has a mandate for governmental oversight, and it has established investigative powers, including the ability to use subpoena to gain access to officials and records. Our investigation revealed .that the following counties have instituted their own local whistleblower programs: Alameda, Los Angeles, Orange, Sacramento, San Bernardino, San Francisco, San Mateo, Santa Clara, Santa Cruz, Solano,.and Stanislaus. A list of the websites for these programs is provided in Appendix 1. The Grand Jury found that many of the counties had hotlines available 24 hours, 7 days a week. Others had lines available only during business hours. Variations were in the administration of the programs and whether or not they were inclusive on a regional basis. The Auditor -Controller's Internal Audit Division was a strong choice to investigate claims, as were the County Administrative Officer and County Counsel. Most California counties do not have whistleblower programs in place. Complaints are received by Human Resources and referred to the corresponding departments. The number of complaints received by these local programs seemed to vary with population. One county had only 20 complaints in a year, while a large population county reported having 600+ pending complaints. If we assume that these numbers are typical, then a Sonoma County program might expect �A to receive about 50+ complaints per year. All of the local programs included provisions for annual reports listing the number of complaints received, how many were investigated and the results of the investigations. Although better than simply relying on the State Whistleblower Hotline, most of these programs target county employees and are limited ,to, complaints about county, government. As a result, citizens, municipalities, school districts and other special districts are still not well served. Therefore, we recommend that a Sonoma County Whistleblower program include all cities, districts and agencies operating within the county. A list of the Sonoma County cities, districts and agencies, not affiliated with county government, is provided in Appendix 2. There are 110! At first, the mechanics and complexity of such a system appear overwhelming in terms of 24-hour access and the need forprofessional staff. However, our investigation has shown that these services are readily available by independent companies at a modest cost. These specialized companies provide a centralized service and, have established track records with a variety of business and government clients. We believe that selecting,; one of these specialized service companies would enable an administrator to effectively implement the investigation, or referral, of all complaints and to track and report the results, using specialized software available through the company program. FINDINGS F1. Sonoma County offices" follow state law by posting the State Attorney General's hotline number on employee bulletin boards. F2. Many of the larger counties and several cities. in California have created their own whistleblower programs. Most are provided only for their own employees. F3. There is no central administrator -in Sonoma County to report evidence of waste, fraud and abuse among, the mulfitude of local governmental organizations and to ensure that a fair and confidential' investigation takes place. F4. The cost to implement a whistleblower program applicable to all governmental units in Sonoma County would be modest and initially focused on publicizing contact information and educating employees and citizens about its availability. RECOMMENDATIONS R1. Every governmental .unit: county, city, school board or special district should encourage employees- and citizens alike to report suspected waste, fraud or abuse issues to a central county reporting location. This local whistleblower hotline should be administered by the Civil Grand Jury or the Auditor -Controller's office -to provide anonymity and assurance that investigations will be thorough and impartial for any government entity in Sonoma County. Why would the Grand Jury want the County of Sonoma to provide this service and include cities and other government entities? We suggest this for the,greater good of the citizens! R2. When a Sonoma County central whistleblower program and administrator is established, every governmental unit should provide clear, easily accessible information about the program and 24- hour hotline on their websites, in their employee training and as a notice -on employee bulletin boards. �5 R3. The county budget for 2011/2012'and forward, include the cost of a commercial whistleblower hotline service (est. less' than $15,000/ yr), either as part of the operating budget of the Civil Grand Jury or the office of the Auditor / Controller. R4. The designated office for Sonoma County should provide an annual report to the public on the whistleblower program including such information as the total number of whistleblower complaints received, the number of complaints that were formally investigated, and the dollar value (if applicable) .that was recovered. REQUIRED RESPONSES TO, RECOMMENDATIONS AND THE. QUESTIONS IN APPENDIX 3 From the following County officials: ® Chief Administrative Officer ® Auditor/Controller From the following governing bodies: ® Board of Supervisors ® City Councils as listed in Appendix 2 REQUESTED RESPONSES TO RECOMMENDATIONS IN APPENDIX 3 From the following governing bodies: School Districts Boards of Directors as listed on Appendix 2 Boards of Directors for special districts and agencies listed in Appendix 2 APPENDIX 1 List of whistleblower websites for California counties: ® http://sfcontroller:or,2/index.aspx?pai4e=31 ® http://www.oc�zov.com/oc2ov/Internal%2OAudit/OC%2OFraud%2OHotline ® http://www.lacountvfraud.org/ ® http://www.finance.saccounty:net/Auditor/AuditFraudHotline.asp ® http://www.sbcounty.�zov/acr/hotline.htm ® htta://www.co.sanmateo.ca.us/portal/site/controller%menuitem.lf860392596ef25b74452b3 Id 17332a0/?v�4nextoid=2b5a0f68ed 180210V�nVCM 1000001 d37230aRCRD&vgmextfmt=Divi sionsLandin- ® http://www.scc.i�ov.org/portal/site/wp/ ® httD://www.co:santa-cruz.ca.us/whistleblower.htm ® htty://www.co.solano.ca.tfs/depts/auditor/whistleblower/default.asp 3b APPENDIX 2. City of Santa Rosa. City of Petaluma City of Rohnert Park City of Cotati City of Healdsburg Town of Windsor City of Sonoma City of Cloverdale City of Sebastopol Independent Special Districts Green Valley Cemetery Shiloh'Cemetery Bennett Valley Fire Rancho Adobe Fire Forestville Fire Glen Ellen Fire Graton Fire Russian River Fire Kenwood Fire Monte Rio Fire Rincon Valley Fire Roseland Fire Schell -Vista Fire Gold Ridge Fire Valley of the Moon Fire Bodega Bay Fire Windsor Fire Geyserville Fire Timber Cove Fire Cloverdale Fire Cloverdale Hospital Marin/Sonoma Mosquito Abatement Camp Meeker Rec & Park D"el Rio Woods Rec & Park Monte Rio Rec & Park Russian River Rec & Park Gold Ridge Soil Conservation Sotoyome Resource Conservation Southern So Co ResourceConservation Occidental Community Services Cazadero Community Services Graton Community Services RCPA Forestville Water Valley of the Moon Water Sonoma Mountain Co Water P.O. Box 678 Graton, CA 95444 7130 Windsor Rd. Windsor, CA 95492 6161 Bennett Valley Rd. Santa Rosa, CA 95404 11000 Main St. P.O. Box 1,029 Penngrove, CA 94951 6554 Mirabel Rd. P.O. Box 427 Forestville, CA 95436 13445 Arnold Dr. Glen Ellen, CA 95442 P.O. Box A Graton, CA 95444 14100 Armstrong Woods Rd. P.O. Box 367 Guerneville, CA 95446 P.O. Box 249 Kenwood, CA 95452 9870 Main St P.O. Box 279, Monte Rio, CA 95462 P.O. Box 530/8200 Old Redwood Hwy. Windsor, CA 95492 830 Burbank Ave. Santa Rosa, CA 95407 22950 Broadway, Sonoma CA 95476 4500 Hessel Rd. Sebastopol, CA 95472 630 Second St. West, Sonoma CA 95476 510 Highway 1, P.O. Box 6 Bodega Bay, CA 94923 8200 Old Redwood Hwy. P.O. Box 530 Windsor, CA 95492 P.O. Box 217, 20975 Geyserville Ave., Geyserville, CA 95441 30800 Seaview Rd. Cazadero, CA 95421 451 S. Cloverdale Blvd, Cloverdale, CA 95425 P.O. Box 434 Cloverdale, CA 95425 595 Heiman Ln. Cotati, CA 94931 5240 Bohemian Hwy. P.O. -Box 461 Camp Meeker, CA 95419 C/O Don King,, 1521 Fou ntaingrove Pkwy Santa Rosa, CA 95403 P.O. Box 877 Monte Rio CA'95462 15010 Armstrong Woods Rd P.O. Box 195 Guerneville, CA 95446 P.O. Box 1064 Occidental, CA 95465 P.O. Box 11526 (95406) 2156West College Ave Santa Rosa, CA 95401 1301 Redwood Way Ste #170 Petaluma, CA 94954 C/O 3799 Bohemian Hwy P.O. Box 244 Occidental, CA 95465 P.O. Box 508 Cazadero, CA 95421 250 Ross Lane Sebastopol, CA P.O. Box 534 Graton, CA 95444 490 Mendocino Ave Ste 206 Santa Rosa, CA 95401 6530 Mirabel Rd. P.O. Box 261 Forestville, CA 95436 P.O. Box 280 EI Verano, CA 95433 5438 Alta Monte Dr Santa Rosa, CA 95404 �1 SMART 750 Lindaro St'. Suite 200 San Rafael, CA 94901 North Marin Water 999 Rush Creek PI P.O. Box 146'Novato, CA 94948 Russiarf River'Ca-Water P.O. Box 954 Forestville, CA 95436 SweetwaterSprings Water 17081 Hwy 116 Suite B P.O. Box 48 Guerneville, CA 95446 Timber Cove Water P.O. Box 118 Jenner, CA 95450 Rains Creek Water P.O. Box 730 Forestville, CA 95436 Windsor Water (Town of Windsor) 9291 Old Redwood Hwy Windsor, CA 95492 Bodega Bay Public Utilities 265 Doran Park Rd. P.O. Box 70 Bodega Bay, CA 94923 SCPSA 965 Sonoma Ave Santa Rosa, CA 95404 Palm Drive Health Care 501 Petaluma Ave. Sebastopol, CA 95472 Bay Area Air Quality - 939 Ellis St. San Francisco, CA 94109 Sonoma Valley Health Care 347 Andrieux St. P.O. Box 600 Sonoma CA 95476 Coast Life Ambulance P.O., Box 1056 38901 Ocean Dr. Gualala, CA 95445 NCRA 419 Talmage Road Suite M Ukiah, CA 95482 LAFCO 575 Administration Dr. Rm 104A Santa Rosa, CA 95403 REDCOM 2796 Ventura Ave Santa Rosa, CA 95403 North Bay Coop Library 55 E. Street Santa Rosa, CA 95404 Law Library 2604 Ventura Ave Santa Rosa, CA 95403 SCERA-Retirement 433 Aviation Blvd. Santa Rosa, CA 95403 SCAVA Service Authority 2550 Ventura Ave Santa Rosa, CA 95403 So Co Open Space Authority 747 Mendocino Ave Suite 100 Santa Rosa, CA 95401 So Co Transportation Authority 490 Mendocino Ave Ste 206 Santa Rosa, CA 95401 SCWMA 2300 County Center Dr. B100 Santa Rosa, CA 95403 School Districts Alexander Valley Union 8511 Highway 128, Healdsburg, CA 95448 Bellevue Union 3150 Education Drive, Santa Rosa, CA 95407 Bennett Valley Union 2250 Mesquite Drive, Santa Rosa, CA 95405 Cinnabar 286 Skillman Lane, Petaluma, CA 94975-0399 Cloverdale Unified 97 School Street, Cloverdale, CA 95425 Cotati-Rohnert Park Unified 5860 Labath Avenue, Rohnert Park, CA 94928 Dunham 4111 Roblar Road,' Petaluma, CA 94952 Forestville Union 6321 Highway 116, Forestville, CA 95436-9699 Fort Ross 30600 Seaview Road, Cazadero, CA 95421 Geyserville Unified 1300 Moody Lane, Geyserville, CA 95441 Gravenstein Union 3840 Twig Avenue, Sebastopol, CA 95472-5750 Guerneville 14630 Armstrong Woods Rd, Guerneville, CA 95446 Harmony Union 1935 Bohemian Highway, Occidental, CA 95465 Healdsburg Unified 1028 Prince Street, Healdsburg, CA 95448 " Horicon 35,555 Annapolis Road, Annapolis, CA 95412-9713 Kashia Skaggs Springs Road, Stewarts Point, CA 95480 Kenwood 230 Randolph Avenue, Kenwood, CA 95452 .Liberty 170 Liberty School Road, Petaluma, CA 94952 Mark West Union 305 Mark West Springs Rd, Santa Rosa, CA 95404-1101 Monte Rio Union 20700 Foothill Drive, Monte Rio, CA 95462 Montgomery Elementary 18620 Fort Ross Road, Cazadero, CA 95421 Oak Grove Union 5299 Hall Road, Santa Rosa, CA 95401 Old Adobe Union 845 Crinella Drive, Petaluma, CA 94954 Petaluma City Elementary 200 Douglas Street, Petaluma, CA 94952 Petaluma Joint Union High 200 Douglas Street, Petaluma, CA 94952 Piner-Olivet Union 3450 Coffey Lane, Santa Rosa, CA 95403-1919 Rincon Valley Union 1000 Yulupa Avenue, Santa Rosa, CA 95405 Roseland 1934 Biwana Drive, Santa Rosa, CA 95401 Santa Rosa City Elementary 211 Ridgway Avenue, Santa Rosa, CA 95401 Santa Rosa City High 211 Ridgway Avenue, Santa Rosa, CA -95401 I Sebastopol Union 7611 Huntley, Sebastopol, CA 95472 Sonoma, Valley Unified 17850 Railroad Avenue, Sonoma, CA 95476 Twin Hills Union 700 Watertrough Road, Sebastopol, CA 95472 Two Rock Union 5001 Spring Hill Road, Petaluma, CA 94952 Waugh 1851 Hartman Lane, Petaluma, CA 94954 West Side Union. 1201 Felta Road, H.ealdsburg, CA 95448 West Sonoma County High 462 Johnson Street, Sebastopol, CA 95472 Wilmar Union 3775 Bodega Avenue, Petaluma, CA 94952 Windsor Unified 9291 Old Redwood, Hwy, Bldg 500, Windsor, CA 95492 Wright 4385 Price Avenue, Santa Rosa, CA 95407 APPENDIX 3 Requested Whistleblower Response 1. Do you post copies of the state whistleblower statutes and hotline number in your employee breakroom? Yes No 2. How would an emolovee allegation of significant wrongdoing be directed within your organization? 3. How would a citizen allegation of significant wrongdoing be directed within your organization? 4. Do you believe that, present laws and practices provide an adequate safeguard for your organization and for those individuals who may wish to report wrongdoing? If yes, please explain. Yes _ No 5. Do you believe that a local twenty-four hour hot line, additional assurance of confidentiality and summary annual reports to the citizens would be of substantial value when managing increasingly scarce governmental resources? Yes No 6. Given time and adequate description of a proposed structure and process, would you consider, formally adopting a,resolution to participate in a countywide whistleblower program administered by either the Grand Jury or the County Auditor -Controller office? Yes No 7. Comments: tA