Alameda County Grand Jury
2008-2009
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Findings & Recommendations
1 findings
F26:
When reviewing the Sheriff’s handling of the complaints, the grand jury learned that the Sheriff thoroughly investigated each complaint, and correctly followed internal policies in handling inmate grievances. The grand jury found no substantial violations or proof to substantiate the complaints filed. The grand jury found that the Sheriff’s Office not only handled the complaints appropriately, but also provided exemplary service to the inmate in investigating the complaints that were filed. The grand jury concludes the Alameda County Sheriff’s Office was diligent in investigating this inmate’s complaints and finds no wrong doing in their policies or handling of grievances. RESPONSES REQUIRED: None. 49 2008-2009 Alameda County Civil Grand Jury Final Report _______________________________________________________ JACK LONDON SQUARE PRODUCE MARKET DISTRICT The grand jury received a complaint from residents of a commercial building converted to residential usage located in the area of the Jack London Square Produce Market. This area is designated as a mixed-use zoning area. Mixed-use development means some combination of residential, commercial, industrial, office, institutional, or other land uses located within the same neighborhood. The complaint alleged the city of Oakland failed to enforce violations of various health codes, parking and traffic ordinances committed by the produce market vendors. The residents also complained about an inability to access their parking garage due to traffic, traffic safety issues, unsightly trash left in the area, trucks parked overnight with diesel motors running, trucks double parked unloading when curbside space was available, and pallets left piled in the street and on the sidewalks. They also pointed out not only the inconvenience caused by these practices, but also the health hazards of diesel fumes and the potential danger of emergency vehicles being denied accesses should the situation arise. The grand jury met with one of the residents and reviewed materials relating to city ordinances and laws. Members of the grand jury conducted numerous site visits to the area in question at various times of the day and night. The grand jury could find no ordinances prohibiting overnight parking of trucks in the Jack London Produce Market area nor did we observe violations of local ordinances. At no time during any site visit was the grand jury able to substantiate any of the allegations brought forth by the complainants. After investigating, the grand jury was not able to verify any of the violations. The Jack London Square District is an area undergoing transformation that includes an influx of more residential living units into a commercial mixed-use area. There are bound to be issues when more residents move into the area. Items 50 2008-2009 Alameda County Civil Grand Jury Final Report _______________________________________________________ such as noise and traffic must be considered prior to moving to a mixed-use neighborhood. The grand jury believes it is the resident’s responsibility to fully understand that a mixed-use area is vastly different than a residential area, and noise and traffic issues will exist. Although the grand jury was unable to substantiate the complaints received, we believe it would be beneficial for the produce market vendors to work cooperatively with their residential neighbors in order to better co-exist in this changing environment. Hopefully, this will promote communication between both entities and lead to better problem- solving in the future. RESPONSES REQUIRED: None. 51 2008-2009 Alameda County Civil Grand Jury Final Report _______________________________________________________ EAST BAY REGIONAL PARK DISTRICT POLICE DEPARTMENT WEBSITE The grand jury investigated the citizen complaint procedure for the East Bay Regional Park District (EBRPD) Police Department. Every law enforcement agency in the state of California is required to have a procedure to investigate complaints made by members of the public against the personnel of the agency (Penal Code section 832.5). A citizen had submitted to the grand jury a complaint against the EBRPD police indicating difficulty in the process of filing a complaint with the department. The grand jury reviewed the EBRPD’s website, www.ebparks.org. None of the website’s links described the procedure for citizens to file complaints against EBRPD Police personnel. There were links to “Contact the Police Department,” “Report an Emergency,” and “Report an Incident.” However, none of these links discussed citizen complaints. Finally, there were no questions pertaining to citizen complaint procedures in the “Frequently Asked Questions” link. The grand jury requested the EBRP Chief of Police provide an explanation of the citizen complaint procedure of how a citizen should file a complaint against police personnel. The chief responded to the request and provided pertinent documents relating to citizen complaint procedures. He confirmed that complaint forms are not available online. He noted the EBRP website invites the public to contact him directly with any concerns. The EBRP Police Department does not have a citizen complaint procedure available on line. The grand jury believes that a citizen with a complaint about police personnel would appreciate being able to make a complaint on line. 52 2008-2009 Alameda County Civil Grand Jury Final Report _______________________________________________________ Complaint information on the web site should be easy to locate. The grand jury recommends the EBRP Police Department update their website to include the citizen complaint procedure. RESPONSES REQUIRED: None. 53 2008-2009 Alameda County Civil Grand Jury Final Report _______________________________________________________ 54 2008-2009 Alameda County Civil Grand Jury Final Report _______________________________________________________ 55 2008-2009 Alameda County Civil Grand Jury Final Report _______________________________________________________ 56 2008-2009 Alameda County Civil Grand Jury Final Report _______________________________________________________ 57