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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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