Law and Justice Committee
Part 3

III. SHERIFF'S DEPARTMENT BUDGET

BACKGROUND

The Grand Jury reviewed the Sheriff's Department's approved budget and alleged overages.

METHOD OF REVIEW

Interviews

San Benito County Board of Supervisors
San Benito County Sheriff 's Department
Documents

San Benito County Approved Budget 1999 - 2000

OBSERVATIONS, FINDINGS, AND CONCLUSIONS

In December 1999, shortly after the final budget was released, budget to actual expenditures were reviewed by the Grand Jury. The Sheriff's Department budget, overtime at the Department, and a proposed vehicle lease program scrutinized. The Sheriff has stated that the overtime budgeted for 1999-2000 was less than half of the actual overtime spent for the past few years. The Sheriff explained to the Grand Jury that due to being understaffed, overtime "backfill" occurred regularly. "Backfill" occurs when a deputy is called to work after his or her required hours have been satisfied. If required because of manpower shortages, a deputy who has worked his hours may be called back to work. The deputy may need to fill in for another deputy who is out on sick leave or to perform other than patrol duties. For example, court room security, transporting prisoners, securing a crime scene and performing criminal investigations. It does not appear that "backfill" will go away or be alleviated until the department is appropriately staffed.

The Board of Supervisors and the Sheriff are unable to agree on the appropriate number of sworn officers (Deputy Sheriffs) required to adequately serve and protect San Benito County. The Sheriff does have positions that are approved and not filled. The Grand Jury was informed that it has been difficult to recruit qualified individuals to work in a department that can only pay a beginner's wage. Historically, law enforcement in San Benito County has been unable to pay competitive wages. Even though San Benito County's cost of living is competitive with Monterey, Santa Cruz, and Santa Clara counties, wages paid are not commensurate with San Benito County. SCB continues to be compared with the rural counties of California. Due to the proximity of high paying jobs in Silicon Valley and the influx of individuals who have moved here but work there, the cities within San Benito County can no longer be thought of and operated as "rural."

These facts contribute to the Department's inability to hire and/or keep personnel. This adds to the problem of identifying likely candidates for vacant positions. Because there is insufficient personnel, at times the Sheriff will need to fill-in with overtime. The amount of overtime is difficult to predict and, therefore, difficult to budget. The Board of Supervisors should expect that there will be times when it will be called upon to provide additional funds for the Sheriff's Department overtime.

The Board members have repeatedly stated that the Sheriff did not advise them of the need for an increased budget for 1999-2000. The Grand Jury listened to an audiotape of the Budget Hearing of August 9, 1999. The tape clearly revealed the Sheriff speaking at length about the need to increase staff in order to soften overtime expenditures.

At that hearing, the Sheriff requested permission to utilize Ford Motor Company’s municipal lease program in order to replace worn out and potentially dangerous patrol vehicles. One member of the Board aggressively opposed the municipal lease program because he did not believe the program's one dollar ($1.00) buy out. He stated that no one gave away anything for free or for a dollar. He further suggested that the Sheriff reread the fine print.

The Grand Jury contacted a leasing agent who spoke at length about the Ford Motor Company Municipal Lease Program. The agent stated the program is popular in communities and that almost every municipality in the country is using Ford’s lease program. With it, the municipalities can put more cars into service for less money than when they are purchased from dealers. Ford benefits from the volume sales generated by the program and many municipalities benefit from a decrease in the expense of its patrol cars. The Board of Supervisors, however, appears to be concerned that participation in the Ford leasing plan requires that the county commit to significant yearly expenditures (approximately $54,000 per year for three years for seven new vehicles now) for so long as the lease agreement is in force

The Grand Jury followed the Sheriff’s budget closely during the 1^st and 2^nd quarters and other than overtime and excessive vehicle maintenance costs on worn-out vehicles, the Department’s budget is running along appropriate percentages. In addition, it should be noted that the Workers' Compensation line item was increased by over 330% in 1999-2000. Rather than be amortized over 12 months, the entire premium was charged against the budget at the beginning of the fiscal year which gave the appearance of cost over runs early in the budget cycle.

The 1999-2000 budget proposed by the Sheriff’s Department was $2.3M. The amount approved by the Board of was $1.9M. This is the amount recommended by the Chief Administrative Officer. However, projected spending by the Sheriff's Department for 1999-2000 is $2.3M. In response to inquiries by the Board of Supervisors as to whether the $2.3M budget he presented clearly reflected what he thought the department would need, the Sheriff told the Board of Supervisors that it was. He added that he had prepared the budget for several years when he was Undersheriff and was confident about what the department would need to operate for fiscal 1999-2000.

It is the observation of the Grand Jury that the Sheriff is aware of, and concerned about, the need to maintain a fiscally responsible budget. However, it is his position that his job requires him to look to the future and be proactive in protecting the citizens of San Benito County

The Sheriff told the Grand Jury that he has made attempts to re-align and re-project various line items from the aggregate budget. The Board of Supervisors’ less than cooperative attitude to these changes has been widely publicized.

Members of the Board of Supervisors stated to the Grand Jury that they are concerned about the financial requirements of running the Sheriff's Department. Other issues between the Sheriff and the Board of Supervisors appear to be impacting the stance each is taking.

RECOMMENDATIONS

The Grand Jury recommends that:

AFFECTED AGENCIES

San Benito County Board of Supervisors
San Benito County Sheriff's Department

RESPONSE REQUIRED