Alameda County Grand Jury
2013-2014
Additional Recommendations
4
Not linked to specific findings.
R1:
The respondent agrees with the finding.
R2:
The respondent disagrees wholly or partially with the finding, in which case the response shall specify the portion of the finding that is disputed and shall include an explanation of the reasons therefore. The person or entity responding to each grand jury recommendation shall report one of the following actions:
R3:
The recommendation requires further analysis, with an explanation and the scope and parameters of an analysis or study, and a timeframe for the matter to be prepared for discussion by the officer or head of the agency or department being investigated or reviewed, including the governing body of the public agency where applicable. This timeframe shall not exceed six months from the date of publication of the grand jury report.
R4:
The recommendation will not be implemented because it is not warranted or is not reasonable, with an explanation therefore. SEND ALL RESPONSES TO: Presiding Judge Winifred Y. Smith Alameda County Superior Court 1225 Fallon Street, Department One Oakland, California 94612 A copy must also be sent to: Lakeside Drive, Suite 1104 Oakland, California 94612 All responses for the 2013-2014 Grand Jury Final Report must be submitted no later than 90 days after the public release of the report. 133
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Findings & Recommendations
6 findings
F14-16:
Oakland Unified School District’s failure to complete audits in the past has harmed the district financially.
F14-17:
Oakland Unified School District failed to collect, maintain, and submit accurate records for audit purposes.
F14-18:
Oakland Unified School District’s failure to have accurate Average Daily Attendance figures caused the district financial harm.
F14-19:
Vacancies in key financial management/leadership positions has negatively affected Oakland Unified School District’s financial situation.
F14-20:
Too many under-enrolled schools strain resources.
F14-21:
The large number of charter schools come at a high financial cost to the Oakland Unified School District.
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Findings & Recommendations
7 findings
F14-9:
The long tenure of Washington Hospital Healthcare System’s board members has led to a perception of complacency.
F14-10:
Both the Washington Hospital Healthcare System and DEVCO conduct a good portion of their meetings in closed session. Reasons for closed sessions and their results are rarely reported in open session, which discourages public involvement and scrutiny.
F14-11:
The Washington Hospital Healthcare System and its entities’ board packets and non-confidential material are not routinely made available nor are they accessible online, which inhibits public involvement and scrutiny. Minutes of DEVCO and the Foundation are not available online.
F14-12:
In violation of the Brown Act, a public sign-in was required at a September 2013 board meeting, which discourages public participation.
F14-13:
Washington Hospital Healthcare System’s poor adherence to the requirements of the Public Records Act prevents interested citizens from obtaining information about the management and finances of the district.
F14-14:
The Washington Hospital Healthcare System’s financial support of a community non-profit outside its district boundaries that involved the CEO’s spouse led to the perception of conflict of interest.
F14-15:
The Washington Hospital Healthcare System’s practice allowing for the CEO’s reimbursement of personal charitable donations led to the appearance of impropriety. 38 2013-2014 Alameda County Grand Jury Final Report ___________________________________________________________________
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Additional Recommendations
1
Not linked to specific findings.
R25-30:
accepted applications (an even number from each supervisorial district), 19 members are randomly selected to serve. History of Grand Juries One of the earliest concepts of a grand jury dates back to ancient Greece where the Athenians used an accusatory body. Others claim the Saxons initiated the grand jury system. By the year 1290, the accusing jury was given authority to inquire into the maintenance of bridges and highways, the defects of jails, and whether the sheriff had kept in jail anyone who should have been brought before the justices. The Massachusetts Bay Colony impaneled the first American Grand Jury in 1635 to consider cases of murder, robbery and wife beating. Colonial grand juries expressed their independence from the Crown by refusing in 1765 to indict leaders of the Stamp Act or bring libel charges against the editors of the Boston Gazette. The union with other colonies to oppose British taxes was supported by a Philadelphia grand jury in 1770. By the end of the colonial period, the grand jury had become an indispensable adjunct of government. Grand Jury Duties The Alameda County Grand Jury is a constituent part of the Superior Court, created for the protection of society and the enforcement of law. It is not a separate political body or an individual entity of government but is a part of the judicial system and, as such, each grand juror is an officer of the court. Much of the grand jury's effectiveness is derived from the fact that the viewpoint of its members is fresh and unencumbered by prior conceptions about government. With respect to the subjects it is authorized to investigate, the grand jury is free to follow its own inclinations in investigating local government affairs. The grand jury may act only as a whole body. An individual grand juror has no more authority than any private citizen. Duties of the grand jury can generally be set forth, in part, as follows: 1. To inquire into all public offenses committed or triable within the county (Penal Code §917); 2. To inquire into the case of any person imprisoned and not indicted (Penal Code §919(a)); 3. To inquire into the willful or corrupt misconduct in office of public officers of every description within the county (Penal Code §919(c)); 4. To inquire into sales, transfers, and ownership of lands which might or should revert to the state by operation of law (Penal Code §920); 5. To examine, if it chooses, the books and records of a special purpose, assessing or taxing district located wholly or partly in the county and the methods or systems of performing the duties of such district or commission. (Penal Code §933.5); 14