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8/2/2019 Transcript 9 21

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Closed Session September 21, 2011

CONFIDENTIAL 1

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11 CONFIDENTIAL

12 TRANSCRIPTION OF CLOSED SESSION MEETING

13 SEPTEMBER 21, 2011

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25 TRANSCRIBED BY: MARTHA L. VENTIMIGLIA, CSR NO. 8992


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CONFIDENTIAL 2

1 P A R T I C I P A N T S

2 SUPERVISOR GLORIA MOLINA

3 SUPERVISOR MARK RIDLEY-THOMAS

4 SUPERVISOR ZEV YAROSLAVSKY

5 SUPERVISOR DON KNABE

6 MICHAEL D. ANTONOVICH, MAYOR PRESIDING

7 GOVERNOR JERRY BROWN

8 DIANE DOOLEY, STATE HEALTH AND HUMAN SERVICES SECRETARY

9 BILL FUJIOKA, CHIEF EXECUTIVE OFFICER

10 MATT CATE, STATE SECRETARY - DEPARTMENT OFCORRECTIONS/REHABILIATION

11ANA MATOSANTOS, STATE DIRECTOR, DEPARTMENT OF FINANCE

12ANDREA ORDIN, COUNTY COUNSEL

13SACHI HAMAI, EXECUTIVE OFFICER OF THE BOARD OF

14 SUPERVISORS

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CONFIDENTIAL 3

1 CLOSED SESSION

2 WEDNESDAY, SEPTEMBER 21, 2011

3 2:05 P.M.

4 * * *

5 (Beginning of recording.)

6 GOVERNOR BROWN: -- funding. Could you elaborate

7 that a little bit?

8 MALE SPEAKER: Sure.

9 We don't have the funding to cover all the

10 mental health and the drugs subsistence programs. And

11 also on the funding, to make matters worse, you are

12 proposing funding only 1600 jail beds which means that

13 1 out of 5 inmates sentenced to jail will get a jail

14 bed who belong in prison in the first place. That's

15 one of the problems.

16 And your funding is $2275 less than adequate

17 for the population in the treatment area who often have

18 serious mental health and drug abuse problems.

19 GOVERNOR BROWN: Well, do you have a paper on

20 these, (inaudible), our direct affiliate? Can you in

21 any way respond to that?

22 MALE SPEAKER: The amount of money that is being

23 included in realignment is about 80 percent of the

24 State costs. And the State costs generally are higher

25 than the local costs for this population. Going


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CONFIDENTIAL 4

1 forward it will be about 70 percent.

2 The funding that's going with them includes

3 funding for substance abuse and includes funding for

4 mental health, includes funding for whatever you decide

5 in terms of how you want to allocate the funds for the

6 different particular purposes. But the allocations do

7 include funds for services, for programs, and for

8 health, and for mental health.

9 GOVERNOR BROWN: Let me just stop you right there.

10 We -- it's our impression that the State makes

11 a hell of a lot more money than the local, so I think

12 that's verifiable, but we can have that looked at after

13 the phone call.

14 MALE SPEAKER: We can have --

15 GOVERNOR BROWN: We're giving you this year 80

16 percent of our -- well, we can (inaudible) inflated

17 costs because with less sufficiently, with 18 consent

18 decrees.

19 So I know you have -- you're reading from

20 something, so we ought to get a copy of that --

21 MALE SPEAKER: And be --

22 (Speaking simultaneously.)

23 GOVERNOR BROWN: -- our staff work through it, and

24 maybe take up this point in another couple of days

25 after I have had a chance to review it.


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CONFIDENTIAL 5

1 MALE SPEAKER: Right.

2 GOVERNOR BROWN: But we will definitely get into

3 the weight here to make sure that we do everything we

4 possibly can.

5 SUPERVISOR ANTONOVICH: We can send that to you;

6 and Bill can further elaborate on that now, if you

7 wish.

8 GOVERNOR BROWN: But remember, the US Supreme

9 Court which is the final authority here has ordered

10 30,000 reductions including this which, by the way,

11 that's a lot more than 30,000 prisoners. So that's got

12 to come.

13 Instead of letting them out willy nilly, we

14 need this realignment, will be much safer and be --

15 leave less to be blocked up at the city level,

16 seriously violent people.

17 SUPERVISOR ANTONOVICH: Yeah, but then how are you

18 willing to contract with the locals?

19 GOVERNOR BROWN: Well, we will contract with the

20 locals when needed. If you need space, you can

21 contract with us because there will be -- some of the

22 people will be your responsibility. You'll want to

23 add --


25 MS. DOOLEY: -- incumbent. Hello Supervisor.


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CONFIDENTIAL 6


2 MALE SPEAKER: Hey Diane.

3 MS. DOOLEY: Hi.

4 You can contract with us for fire camps.

5 People are working on that issue.

6 The receiver, you know, we have given you a

7 rate for a general population person of $77 a day; but

8 that's, you know, subject to continuing discussion.

9 And the receiver has said that people with mental

10 health issues and health issues, he's reluctant to have

11 counties contract back with the State.

12 So that is something that corrections is

13 continuing to talk to the State about.

14 GOVERNOR BROWN: So what does that mean?

15 That mean that mental health issue for someone

16 in the County (inaudible)?

17 MS. DOOLEY: That would have -- would have to deal

18 with them at the local level versus contracting back

19 and having that person come back to the State.

20 GOVERNOR BROWN: So what if they need to come back

21 to the State? How does that work?

22 MS. DOOLEY: Well, they -- I think the receiver

23 is, they don't need back to the State. They are the

24 jurisdiction of the County and the County has to

25 provide the necessary services.


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1 MALE SPEAKER: That's -- and there lies the

2 problem.

3 SUPERVISOR ANTONOVICH: And we are liable if we

4 don't, so we have a liability issue that we would have

5 to assume.

6 GOVERNOR BROWN: Well, who are these people that

7 the County will be --


9 SUPERVISOR MOLINA: Governor. Governor, this is

10 Gloria.

11 Let me just say that yesterday, one of the

12 issues that came up in our board that is still not

13 clear, now let's understand, one of the things that we

14 are concerned at the local level is that we're going to

15 have to hire all of these people who are getting ready

16 to go in the next couple of weeks.

17 The problem is we have no assurances for

18 continued funding. But not to elaborate on that issue

19 because I know it is something you are trying to work

20 on, but the issue of mental health is this.

21 What people are telling you and what they're

22 telling us is not working on the day to day. Right now

23 we are getting folders of people that we're going to be

24 receiving. They have a little checkmark that says they

25 have mental health issues. But we don't have access to


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1 the data, to the information. Not that we need to know

2 everything, but we need to know what level of mental

3 health disorder does this person have. What level of

4 preparation do we need to have for this prisoner that

5 is coming in.

6 And right now the folders that are coming in

7 are not providing all of that information. And as I

8 said yesterday, I don't think that we have a duty in a

9 partnership, that if the partner is not providing us

10 all of the information, I don't know that we can be

11 helpful with that prisoner who needs mental health.

12 So your folks have to be much more forthcoming

13 in some of the people that they are giving us. Right

14 now, they're just folders with names and checkmarks.

15 And what we are trying to say in order to

16 prepare for the mental health programs here, we need to

17 know the level of the mental disorder. Is it that they

18 need a bed? Is it that they need medication? What is

19 it? And we are not getting it from the department.

20 SUPERVISOR YAROSLAVSKY: One other thing on that

21 point, Governor -- Zev here -- the realignment statute

22 I believe expressly states that the most acute level of

23 mental disorder parolees are not to be transferred to

24 us.

25 And what we can't determine from all of the


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1 folders that we are getting any of the acute cases are

2 slipping through the cracks; and we need to know that,

3 too.

4 MS. DOOLEY: Well, I think -- this is Diane again.

5 I think that there is -- the Department of

6 Corrections has a work group that is working with

7 County mental health on this -- it is my understanding

8 that the receiver has responsibility for the -- the

9 health and mental health information. They are working

10 on getting a (inaudible) format in place that County

11 could have access to that.

12 I think everybody agrees that it is really

13 important that County mental health, County law

14 enforcement (inaudible) have the information about the

15 people who are coming.

16 SUPERVISOR MOLINA: So I (inaudible) have it, and

17 it must happen before we receive these prisoners.

18 SUPERVISOR KNABE: (Inaudible) Don Knabe. I mean,

19 at the end of the day, we need that information. We

20 can't have these out complete formulas.

21 GOVERNOR BROWN: Getting at -- how do we resolve

22 these things, you know?

23 MS. DOOLEY: We have to -- we have to resolve them

24 with the corrections program people and the County

25 program people, talking about what's the best way to


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1 get the information.

2 SUPERVISOR ANTONOVICH: But you also have to give

3 us that information from your end.

4 MS. DOOLEY: There is a chance. We're working on

5 those.

6 MALE SPEAKER: Yeah, Governor --


8 MALE SPEAKER: But we're going to start accepting

9 in two weeks.

10 SUPERVISOR ANTONOVICH: But that'll come in 11

11 days or 10 days and that's the problem.

12 MR. FUJIOKA: You know, Governor -- Bill

13 Fujioka -- other than nonrevocable parole program, we

14 have access -- we're allowed to review the actual

15 medical records files for these individuals with mental

16 health issues.

17 And I know that Diane's right. There is that

18 committee working. Our concern is that October 1st is

19 within, what, 10 days, 11 days? And with that, we are

20 real, real concerned. So if we could expedite that

21 process of finding a solution, that would be great.

22 Otherwise, accepting these -- these individuals at this

23 time is something we can't do.

24 MR. CATE: (Inaudible) Matt Cate, Secretary of

25 Corrections.


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1 And we did meet with the mental health

2 director a week ago. We have another meeting the day

3 after tomorrow on this very topic. We are going to

4 provide the information that was just described like we

5 did for nonrevocable parole.

6 We also have unit electronic health records

7 that ideally we would be able to provide full access to

8 all the electronic health records. We have to get the

9 approval from the receiver to do that.

10 Keep in mind that it's not -- this is not a

11 black-and-white easy issue. There are HIPAA privacy

12 rules, federal rules, and we have to make sure we don't

13 violate.

14 So there are some complexities here, but it

15 is -- it is our intent to provide all information that

16 we can possibly legally provide.

17 One thing that we can guarantee is that for

18 every one of these offenders, when they leave a prison,

19 I'm going to have a full-time employee who does nothing

20 but field calls and provide clinician-to-clinician

21 information on these people's mental health needs.

22 I can't provide it to just anybody.

23 Clinicians have to be involved in this transfer of

24 information.

25 SUPERVISOR ANTONOVICH: That's after the fact.


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1 That's after the fact. We need the information prior

2 to that.

3 MR. CATE: So you can -- you can -- we're going to

4 give you packages 120 days in advance once we get

5 started.

6 SUPERVISOR ANTONOVICH: They're not coming

7 October 1st? They are not coming October 1st?

8 MR. CATE: They are coming October 1st.

9 SUPERVISOR ANTONOVICH: So how do we get 120 days

10 when we are talking about 10 days?

11 MR. CATE: So we didn't -- we didn't even have

12 information from the counties on who to send these to

13 until September 1st. I'm talking about eventual

14 rollout to allow the longer period. We only have a

15 month to start with.

16 SUPERVISOR ANTONOVICH: They why don't you delay

17 that month until you have that information for the 58

18 counties before we receive these inmates?

19 MR. CATE: I'm sorry. I didn't hear you.

20 SUPERVISOR ANTONOVICH: Then why don't you delay

21 releasing those individuals til the counties have that

22 information before receiving those inmates?

23 MR. CATE: All you need to do -- all we need to do

24 for --

25 (Inaudible.)


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1 MR. CATE: -- of this person (inaudible) services.

2 SUPERVISOR KNABE: So we have 1200 phone calls on

3 October 1st?

4 SUPERVISOR MOLINA: Yeah. But that doesn't make

5 sense. Okay. So we have to get a mental health

6 clinician who has this form that has a little checkbox

7 that says this has a mental health disorder. We have

8 to get a mental health clinician to call a clinician in

9 the department and then you are going to tell us the

10 level of the severity? Is that what you are saying?

11 MR. CATE: What would ideally -- where we're going

12 to get to is we'll have --

13 SUPERVISOR MOLINA: Now, tell me what you're doing

14 on October 1st because we already have, I am told,

15 70-some people that have some kind of mental health

16 disorder that we don't know what it is.

17 MR. CATE: All you have to do is every one of

18 these people have a clinician in the County. Is

19 that --

20 SUPERVISOR MOLINA: No, they do not. Not yet.

21 MR. CATE: I'm sorry. They are going to have a

22 clinician in the County, and they have a clinician

23 right now in the institution.

24 SUPERVISOR MOLINA: But that is the problem is we

25 only have is a document that the checkmark has been


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1 mare.

2 Are you saying now that we need to get a

3 mental health clinician to call your clinician before

4 we will know the severity of the mental disorder?

5 MR. CATE: The severity of the mental disorder is

6 on the form. It will highlight --

7 SUPERVISOR MOLINA: But it's not.

8 MR. CATE: -- person needs to know. It will say

9 on there, for example, whether they -- what level of

10 care they received. Your clinicians will understand

11 that and know to call our clinicians to have that

12 conversation.

13 SUPERVISOR ANTONOVICH: But some of your forms

14 aren't checked off on that box.

15 SUPERVISOR MOLINA: No. It's -- that's all they

16 are is just a checked box, but it doesn't say the level

17 of need.

18 SUPERVISOR KNABE: Or it doesn't say what drugs

19 they are taking or what their treatment's been or how

20 long they have been in treatment, any of these details

21 that you do in an assessment process for mental health

22 issues.

23 MS. MATOSANTOS: The plan -- this is Ana -- but

24 just to confirm, the plan will be that they will have

25 the same level of information for these people as they


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1 do for people who are going to nonrevocable parole and

2 the question that the work group is working on is what

3 additional information can be provided beyond that so

4 that there is actually more of the electronic health

5 records that are being transferred; right?

6 MR. CATE: That is exactly right.

7 MR. FUJIOKA: That's on a go-forward basis; right?

8 That's a future plan because that is not occurring

9 right now.

10 GOVERNOR BROWN: (Inaudible).

11 FEMALE SPEAKER: They're trying to get it done.


13 MS. MATOSANTOS: I think --

14 MALE SPEAKER: -- Not preferred.

15 MS. MATOSANTOS: I think that is what corrections

16 is working towards for purposes of October 1st. And

17 then going forward, the goal is to have more than the

18 lead time than there has been for this first transfer.

19 Matt, is that correct?

20 MR. CATE: Yeah, (inaudible) that is exactly

21 right. In fact, ours -- the head of mental health for

22 corrections spoke to the mental health -- the director

23 in LA or the regional mental health person in Los

24 Angeles yesterday and made sure that they were going to

25 attend the meeting, come by Thursday at 1:00 o'clock to


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1 try to make sure that there is no misunderstandings

2 about how the process will work from -- on October 1.

3 We just -- we have got to -- it's just got to be a

4 joint process.

5 GOVERNOR BROWN: Are you there, Pat? Hello.

6 MALE SPEAKER: Yeah. Yeah. I'm here.

7 (Inaudible).

8 MALE SPEAKER: So on October 1st, there will be

9 the information going to LA County and it is akin to

10 what to -- what has been provided for nonrevocable

11 parole. And then going forward, that information will

12 be provided ahead of time, and then we are working on

13 what else we can provide; right?

14 MR. CATE: That's exactly right.

15 GOVERNOR BROWN: Well, there seems to be distrust

16 and perhaps gaps in the information.

17 SUPERVISOR MOLINA: Governor, that is totally

18 correct.

19 I think that they need to check to see the

20 folders that they are sending us. Because, again, if

21 there is a clinician we can call, then good, give us

22 the number because we will start making those phone

23 calls because we have some gaps in place now.

24 GOVERNOR BROWN: Okay. Look, I'll tell you what I

25 will do. Will it help if -- if our corrections people


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1 in mental health work with their counterparts in

2 LA County and I could come down because I know time is

3 of the essence, come down this coming Monday and set up

4 an appointment over the next few days and let's go

5 spend a couple hours and I'll bring, you know, the

6 appropriate staff and let's just try to iron out, you

7 the, the critical details as best we can because with

8 all five people and all the people at this end, I think

9 we'll (inaudible) to your concern.

10 I think now if we can have some staff work and

11 then I can meet with however many can meet or whether

12 you have a scheduled meeting --

13 SUPERVISOR MOLINA: Yes, we can do that. I think

14 hands-on, looking at these folders collectively would

15 go a long way.

16 GOVERNOR BROWN: Okay. And can we do that? Is

17 that the noticed meeting?

18 SUPERVISOR MOLINA: Sure. I can be there. What

19 time and where?

20 GOVERNOR BROWN: Well, it will be Monday, you

21 know, mid-morning maybe.

22 SUPERVISOR MOLINA: Sure.

23 GOVERNOR BROWN: In the afternoon. Let's -- give

24 us the rest of today to work with maybe Fujioka here,

25 and he'll -- he'll facilitate it. We will get staffs


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1 working, and then let's have whatever issues are still

2 outstanding or continue to be of maximum concerns, let

3 us work them over.

4 The board, yourself, or all, however you can

5 do that and myself and whatever staff I need, I'll be

6 there on Monday; and we can spend as many hours in the

7 day that is required because I think that this is very

8 serious. it's public safety, and then we don't want to

9 jeopardize that.

10 SUPERVISOR ANTONOVICH: I would also include

11 director of mental health, Dr. Southard, and our

12 sheriff.

13 GOVERNOR BROWN: Okay.

14 MR. FUJIOKA: We'll do that, Supervisor. I'll

15 coordinate that with our --

16 GOVERNOR BROWN: You'll coordinate it?

17 MR. FUJIOKA: -- participants. We're also -- what

18 I can talk to either then or I can talk to Diane or Ana

19 about our financial concerns. They have also been very

20 responsive.

21 GOVERNOR BROWN: Why don't you just lay all that

22 out; and I will meet with each of the supervisors,

23 whatever it takes, on Monday. This will be a

24 realignment day in the LA.

25 SUPERVISOR MOLINA: Sounds good.


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1 (Inaudible).

2 GOVERNOR BROWN: Okay.

3 SUPERVISOR RIDLEY-THOMAS: All right. Hi,

4 Governor. This is Ridley-Thomas. I make one request

5 and one request alone. Please don't --

6 GOVERNOR BROWN: You have been very quiet,

7 Supervisor.

8 SUPERVISOR RIDLEY-THOMAS: Yes, because I was

9 nervous that you would be trying to secure my file and

10 look into it when you got here on Monday.

11 GOVERNOR BROWN: Yeah. I could come into your

12 office and do a civil search.

13 SUPERVISOR RIDLEY-THOMAS: Thank you so much. We

14 appreciate your kindness.

15 GOVERNOR BROWN: I do have some search and seizure

16 powers, you know. I'm the chief magistrate.

17 SUPERVISOR RIDLEY-THOMAS: I know you don't -- I

18 know you weren't going to behave for long, but it is

19 good of us to hear from you.

20 GOVERNOR BROWN: Thank you, and I look forward to

21 seeing you.

22 SUPERVISOR RIDLEY-THOMAS: Okay. Likewise.

23 SUPERVISOR ANTONOVICH: So we will see you at the

24 State Building or the Hall of Administration?

25 GOVERNOR BROWN: I'll be -- I know my first


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1 political appointment was to the Los Angeles County

2 Crime and Delinquency Commission.

3 SUPERVISOR YAROSLAVSKY: You did a hell of a job.

4 GOVERNOR BROWN: I did a hell of a job, and the

5 clan's been going down ever since.

6 SUPERVISOR YAROSLAVSKY: Those old records there.

7 GOVERNOR BROWN: All right. I'll see you guys on

8 Monday. And between now and then, we'll have our

9 staffs engage in some very specific conversations.

10 SUPERVISOR ANTONOVICH: Very good. Thank you very

11 much, Governor.

12 SUPERVISOR YAROSLAVSKY: Thank you. Thank you.

13 Bye-bye.

14 SUPERVISOR RIDLEY-THOMAS: He might follow the

15 law.

16 (End of recording.)

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1 I, MARTHA L. VENTIMIGLIA, Certified Shorthand

2 Reporter No. 8992 qualified in and for the State of

3 California, do hereby certify:

4 That the transcripts of proceedings recorded

5 by the Los Angeles County Board of Supervisors

6 September 21, 2011, were thereafter transcribed into

7 typewriting under my direction and supervision;

8 That the transcript of recorded proceedings as

9 archived in the office of the reporter and which have

10 been provided to the Los Angeles County Board of

11 Supervisors as certified by me.

12 I further certify that I am neither counsel

13 for, nor related to any party to the said action; nor

14 in anywise interested in the outcome thereof.

15 IN WITNESS WHEREOF, I have hereunto set my

16 hand this 5th day of March 2012, for the County records

17 to be used only for authentication purposes of duly

18 certified transcripts as on file of the office of the

19 reporter.

20

21 MARTHA L. VENTIMIGLIA

22 CSR No. 8992

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