Alameda County Grand Jury
2014-2015
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Findings & Recommendations
3 findings
F15-22:
The city of Fremont’s classification of emails as preliminary drafts deprives the public of key opportunities to oversee government operations.
F15-23:
The city of Fremont’s classification of emails as records not kept in the regular course of business, unless specifically saved, deprives the public of important opportunities to monitor government.
F15-24:
Between 2010 and 2013 the Oakland Housing Authority Board of Commissioners’ failure to rein in excessive travel spending by two board members violated the public’s trust in the Oakland Housing Authority’s management of taxpayer funds.
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Findings & Recommendations
7 findings
F15-15:
The Zone 7 Water Agency Board of Directors failed to follow the Brown Act, limiting opportunities for public comment and discussion throughout its decision-making process of the Patterson Ranch property purchase.
F15-16:
The Zone 7 Water Agency Board of Directors failed to follow its organizational core values of openness, transparency, and fiscal responsibility throughout the process of acquiring the Patterson Ranch property.
F15-17:
The Zone 7 Water Agency Board of Directors failed to make a public case supporting and justifying the purchase of the Patterson Ranch property prior to the actual acquisition of the same.
F15-18:
The Zone 7 Water Agency failed to publicly disclose funds to acquire the Patterson Ranch property, except as a broad watershed investment, when its Capital Improvement Program Strategic Priorities were adopted.
F15-19:
The Zone 7 Water Agency failed to adequately disclose detailed budget information regarding the purchase of the Patterson Ranch property prior to adoption of the 2013-2014 annual budget. The purchase included a questionable use of restricted funds.
F15-20:
The Zone 7 Water Agency claimed that the acquisition of the Patterson Ranch property would provide important “watershed” or “watershed protection” or “protection of water rights,” broadening its strategic interests in the region. These interests were not explained to the public until inserted in the documents after the actual acquisition of the property.
F15-21:
The Zone 7 Water Agency Board of Directors did not follow Brown Act protocols by failing to disclose in a timely manner actions taken during closed session that affected a Zone 7 partnership with East Bay Regional Parks District serving mutual interests after the acquisition of the Patterson Ranch property. 82 2014-2015 Alameda County Grand Jury Final Report ___________________________________________________________________
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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: Cassie Barner c/o Lakeside Drive, Suite 1104 Oakland, California 94612 All responses for the 2014-2015 Grand Jury Final Report must be submitted no later than 90 days after the public release of the report. 125 2014-2015 Alameda County Grand Jury Final Report ___________________________________________________________________ [This page intentionally left blank] 126 2014-2015 Alameda County Grand Jury Final Report ___________________________________________________________________ CITIZEN COMPLAINT GUIDELINES The Alameda County Grand Jury welcomes communication from the public as it can provide valuable information regarding matters for investigation. Receipt of all complaints will be acknowledged. The information provided will be carefully reviewed to assist the Grand Jury in deciding what action, if any, to take. If the Grand Jury determines that a matter is within the legally permissible scope of its investigative powers and would warrant further inquiry, additional information may be requested. If the matter is determined not to be within the Grand Jury’s authority to investigate (e.g., a matter involving federal or state agencies or institutions, courts or court decisions, or a private dispute), there will be no further contact by the Grand Jury. By law, the Grand Jury is precluded from communicating the results of its investigation, except in one of its formal public reports. All communications are considered, but may not result in any action or report by the Grand Jury. The jurisdiction of the Alameda County Grand Jury includes the following: Consideration of evidence of misconduct by officials within Alameda County. Investigation and reports on operations, accounts, and records of the officers, departments or functions of the county and cities, including special districts and joint powers agencies. Inquiry into the condition and management of jails within the county. Annual reports and additional information about the Grand Jury can be found at: http://acgov.org/grandjury 127 2014-2015 Alameda County Grand Jury Final Report ___________________________________________________________________ [This page intentionally left blank] 128 2014-2015 Alameda County Grand Jury Final Report ___________________________________________________________________ CITIZEN COMPLAINT Lakeside Drive, Suite 1104 Oakland, California 94612 Voice: 510-272-6259 Fax: 510-465-9647 Date __________________ Complainant’s Name ______________________ Phone __________________ Address ___________________________________________________________ Email address ___________________________________________________________ Your complaint is confidential. Disclosure of your complaint by the Grand Jury is a misdemeanor. A complaint should only be submitted to the Grand Jury after all attempts to correct the situation have been fully explored. This may include, but is not limited to appealing to a supervisor or department head and requesting intervention by the District Attorney or Board of Supervisors. What agency, city, district or county department are you complaining about? _____________________________________________________________ _____________________________________________________________ _____________________________________________________________ Is the complaint regarding a specific official or local government employee of a city, district or county department? Official or Employee Name ________________________________________________ Please explain the nature of your complaint providing as many details as you can, including dates, times, and places where the events you are complaining about took place. Describe specific instances instead of broad statements. Include any available photographs, correspondence or documentation supporting this complaint. Please attach additional sheets of paper if necessary. _____________________________________________________________ _____________________________________________________________ _____________________________________________________________ _____________________________________________________________ _____________________________________________________________ _____________________________________________________________ _____________________________________________________________ _____________________________________________________________ _____________________________________________________________ _____________________________________________________________ 129 2014-2015 Alameda County Grand Jury Final Report ___________________________________________________________________ Please list other persons or agencies you have contacted about this complaint and the result. _____________________________________________________________ _____________________________________________________________ _____________________________________________________________ _____________________________________________________________ What do you believe should be the proper outcome of the Grand Jury involvement in this complaint? _____________________________________________________________ _____________________________________________________________ _____________________________________________________________ _____________________________________________________________ _____________________________________________________________ _____________________________________________________________ Provide names and telephone numbers of others who can substantiate your allegations or provide more information, including citizens and agency employees. _____________________________________________________________ _____________________________________________________________ _____________________________________________________________ _____________________________________________________________ _____________________________________________________________ _____________________________________________________________ _____________________________________________________________ ____________________________________________________________ Attach additional sheets if necessary. All communications to the Grand Jury are confidential. Signature ___________________________________ Please mail your complaint to: Alameda County Grand Jury Attention: Foreperson 1401 Lakeside Drive, Suite 1104 Oakland, California 94612 Or you can fax your complaint to 510-465-9647 130 2014-2015 Alameda County Grand Jury Final Report ___________________________________________________________________ 131 2014-2015 Alameda County Grand Jury Final Report ___________________________________________________________________ \ 132 2014-2015 Alameda County Grand Jury Final Report ___________________________________________________________________ 133 2014-2015 Alameda County Grand Jury Final Report ___________________________________________________________________ 134 2014-2015 Alameda County Grand Jury Final Report ___________________________________________________________________ [This page intentionally left blank 135 2014-2015 Alameda County Grand Jury Final Report ___________________________________________________________________ Rene C. Davidson Courthouse, 1225 Fallon Street, Oakland, California Photograph courtesy of Seth Gaines, Germantown, Maryland [Used with permission.] 136
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Findings & Recommendations
3 findings
F15-1:
There was unethical and persistent interference by a supervisor’s chief of staff, which compromised the county’s integrity and improperly influenced staff decisions regarding land use, resulting in wasted county resources.
F15-2:
Multiple department heads and county staff were unable to perform their duties in a fair and consistent manner due to political interference.
F15-3:
The Alameda County Board of Supervisors directly participates in hiring and reviewing department heads, which creates a culture where political interference is allowed to permeate the day-to-day administration of county business.
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