⚠️ Translation Notice: This content has been automatically translated. The original English text is the official version. Translation may contain errors.
⚠️ Este contenido ha sido traducido automáticamente. El texto original en inglés es la versión oficial. La traducción puede contener errores.
Findings 40 findings
16-1
Page 1
The councilmember had a conflict of interest with the townhouse project and interfered with the project’s approval process.
16-2
Page 1
The councilmember’s use of her city staff on the townhouse project was a misuse of city resources for her personal benefit.
16-3
Page 1
The councilmember privately contacted senior city staff, attempting to improperly influence decisions, which subverted the public process.
16-4
Page 1
The planning director’s attempt to pacify the councilmember gave the appearance that she was collaborating with the councilmember to obstruct the property owner.
16-5
Page 1
The planning director’s failure to report to the city administrator’s office or stop the councilmember’s ethical violations undermined city staff and the fair treatment of those doing business with the city.
16-6
Page 1
Financial analysis of numerous contract provisions providing for economic benefits to the city was insufficient. Little or no analysis of the ultimate financial impact to ratepayers was performed.
16-7
Page 1
The city of Oakland’s contracting process failed to achieve a competitive bidding environment.
16-8
Page 1
The city drafted RFP provisions that favored the incumbents and suppressed competition.
16-9
Page 1
The city’s official contracting process was abandoned and replaced by the contractors’ closed-door negotiations.
16-10
Page 1
Public transparency negotiations. was undermined by the contractors’ closed-door
16-11
Page 1
There was little to no public debate before the city council concerning disproportionately high franchise fees.
16-12
Page 1
Collection rates paid by Oakland businesses and multi-family residences were markedly higher than those in surrounding communities.
16-13
Page 1
Franchise fees paid by the city’s garbage collection contractor, passed on to Oakland ratepayers, are disproportionately higher than franchise fees paid to other Bay Area municipalities and special districts.
16-14
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The Eden Township Healthcare District lacks a clear vision of its future as a viable governmental agency.
16-15
Page 1
The execution of the Eden Township Healthcare District’s mission is ineffective because it does not engage in advanced strategic planning practices. The district lacks information concerning the needs of its residents and fails to take steps to assess those needs.
16-16
Page 1
The amount of resources devoted to the Eden Township Healthcare District’s primary mission is only 12% of its total expenses. Although an improvement over the historical 5%, this ratio is an indication that the district’s attention has been diverted away from its primary mission, which is to “improve the health of the people in our community.”
16-17
Page 1
Survey data showing that district residents have little or no knowledge or opinion of ETHD’s existence demonstrates ETHD’s failure to deliver on its stated mission.
16-18
Page 1
Eden Township Healthcare District’s current priorities lack concrete action plans, timelines, funding sources, or a rationale that would inform residents how and when plan priorities will be achieved.
16-19
Page 1
ETHD’s stated priority to provide direct healthcare services to the community is unachievable under its current operating structure. This problem highlights the fact that the district has not aligned its strategic priorities with the reality of its operating structure.
16-20
Page 1
The Eden Township Healthcare District’s passive approach to planning has resulted in a lack of short- and long-term objectives. It reduces the organization to haphazardly funding its priorities on a reactionary or politically driven basis.
16-21
Page 1
There is little or no evidence of collaboration between the Eden Township Healthcare District and the Alameda County Health Care Services Agency. Lack of collaboration is wasteful and detrimental to the community the district serves.
16-22
Page 1
As a result of ALAFCo’s lack of oversight of ETHD’s advanced (strategic) planning practices, residents and other stakeholders of the district are unaware whether ETHD has long-term capacity, or even the intent, to provide well-planned delivery of efficient and sustainable health programs and services.
16-23
Page 1
Some CBOs responding to an RFP have little or no outcome/output data. Others are renewed with no evaluation report and without a re-issued RFP. Decision makers are left without sufficient information to make sound judgments.
16-24
Page 1
There are insufficient requirements in the RFP process to assess a CBO as to its staff training, development, and how people within the CBO are encouraged to innovate to accomplish the mission. This would ensure more confidence that the contracted CBO could efficiently and effectively fulfill its long-term goals and to adequately do the job.
16-25
Page 1
The RFP process often limits the ability for CBOs to have innovative solutions for the provision of services.
16-26
Page 1
The amount of funding and personnel devoted to the results-based accountability effort is insufficient for the scale of the task. The PERU group (Planning, Evaluation and Research Unit) reports on too few CBOs each year among all the CBOs under contract. When fully staffed, the group is only five people (out of the 2400 employees within SSA). A comparable group within HCSA is not yet fully operational. There are too few resources in both departments to effectively evaluate CBO performance.
16-27
Page 1
Too few CBO contracts with Alameda County include results-based accountability requirements to measure effectiveness and to inform decision makers during the renewal process.
16-28
Page 1
Output data (number of people serviced) provided by some CBOs can be unreliable.
16-29
Page 1
Many smaller CBOs lack infrastructure to innovate and adopt new reporting systems that could lead to both incomplete and inaccurate data being provided to the county.
16-30
Page 1
There are an insufficient number of on-site visits to CBOs during the term of the contracts limiting the ability of county officials to identify, evaluate, and address problems early on.
16-31
Page 1
There is political pressure from the Alameda County Board of Supervisors to retain some under-performing CBOs. This undermines confidence in the contracting process.
16-32
Page 1
The Measure A Oversight Committee is reactive, not proactive. It is limited by legislation that restricts it from making
16-33
Page 1
The Grand Jury finds that both the Health Care Services Agency and the Measure A Oversight Committee are underfunded for administrative staff needed to oversee the effective use of public funds distributed to the widespread range of community based organizations.
16-34
Page 1
The Measure A ordinance so limits the Measure A Oversight Committee that its current role is insufficient to assure taxpayers that the funds are providing the services that are needed.
16-35
Page 1
While charter schools use public funding, they are insulated from adequate public oversight.
16-36
Page 1
The current authorization and evaluation systems of charter schools are insufficient to ensure that each provides equitable opportunities for all students. Findings 16-37: There is no plan in place in the Oakland Unified School District to manage the proliferation of charter schools.
16-38
Page 1
There is a desire on the part of the Oakland Unified School District administration to enact a plan to ensure that every student in OUSD, regardless of the school they attend, is given an equal opportunity to be successful, but there are significant obstacles to achieving this goal.
16-39
Page 1
City management’s failure to effectively communicate process and organizational changes from the period of 2012 through August 2015 caused turmoil in the Oakland Revenue Division and adversely impacted employee morale.
16-40
Page 1
Management turnover and undocumented policies for fee and penalty waivers left the Oakland Revenue Division without clear direction.
16-41
Page 1
The lack of a current tax collection software license put the city at risk.
Recommendations 38
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16-1Page 1The city of Oakland Public Ethics Commission must conduct its own investigation of facts surrounding the townhouse project and take appropriate enforcement actions.
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16-2Page 1The city of Oakland Public Ethics Commission must reinforce its ethics training for elected officials and city employees regarding conflicts of interest, misuse of city resources or position, and professional conduct, including reporting council interference.
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16-3Page 1The Oakland City Council must follow its Code of Ethics, including its mandate to “be willing to censure any member who willfully violates the rules of conduct contained in the Code of Ethics.”
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16-4Page 1Given the complexity and enormous financial impact of the existing franchise contracts, the city of Oakland should start planning and preparing to solicit competitive bids for contracts to be in place sufficiently in advance of the expiration of the existing agreements.
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16-5Page 1The city of Oakland should ensure, when available, that the RFP processes be flexible enough to allow potential vendors to propose alternative, innovative responses.
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16-6Page 1The city of Oakland must ensure that subsequent agreements are solicited and awarded with complete transparency to the ratepayers, the parties whom ultimately bear the cost of the services. Rates charged should be reasonably related to the cost of the services provided.
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16-7Page 1To ensure transparency, the city of Oakland must publicly report on and have public discussion regarding franchise fees (and how those fees are to be used) in any city contract.
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16-8Page 1The Oakland City Council must ensure adequate resources to validate the completeness and accuracy of contract proposals. This may require the support of an independent financial analysis.
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16-9Page 1The city of Oakland should immediately begin to consider a long term strategy to correction of the short-comings of the current contract, including: a) Specific timelines and milestones required to assure a truly competitive process is developed; b) Evaluation of innovations such as a city-owned transfer station; c) Regular financial review and assessment focused on the actual cost of services provided and ratepayer impact; and d) Involvement of impacted communities and public transparency.
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16-10Page 1The Eden Township Healthcare District must conduct community assessments giving all district residents and other stakeholders the opportunity to provide input for strategic planning purposes.
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16-11Page 1The Eden Township Healthcare District must create and articulate a clear vision for the district that serves as a basis for advanced strategic planning practices that meet the expectations of residents and other stakeholders.
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16-12Page 1The Eden Township Healthcare District must take steps to correlate its grant programs to meet specific identified needs of the diverse demographic of its residents.
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16-13Page 1The Eden Township Healthcare District must collaborate with the Alameda County Health Care Services Agency and show evidence that they have identified short- and long-term priorities that address the district’s core mission and functions.
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16-14Page 1The Eden Township Healthcare District must take additional steps to publicly provide health information, educational resources, news and community events to all district residents.
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16-15Page 1In conjunction with Eden Township Healthcare District’s next board election, the district must provide the electorate with a choice to vote on whether the district should continue to exist.
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16-16Page 1The Alameda Local Agency Formation Commission must ensure that the Eden Township Healthcare District’s strategic planning aligns with ETHD’s current operational structure.
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16-17Page 1The Alameda Local Agency Formation Commission must provide greater scrutiny and oversight of the Eden Township Healthcare District to ensure that current and future Municipal Service Reviews are effectively constructed to meet the district’s adherence to advanced (strategic) planning practices and on-going reporting to residents and other stakeholders of successful mission outcomes.
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16-18Page 1The Alameda Local Agency Formation Commission must employ its initiatory powers (planning and regulatory) to decide the public value of the Eden Township Healthcare District in light of the overall needs of the district and act accordingly by either recommending dissolution or consolidation.
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16-19Page 1Alameda County must ensure that all CBO contracts have outcome and output measures.
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16-20Page 1Alameda County must ensure that no CBO contract be re-issued or extended without either a full report on its performance or results-based accountability analysis available to the decision makers.
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16-21Page 1Site visits by county evaluators must be required during the selection process of any CBO applying for a contract of over $1 million. If the infrastructure does not yet exist, the site visit must occur within the first six months of the contract.
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16-22Page 1The Alameda County Board of Supervisors must assign a full-time professional with sufficient supporting staff and budget to lead the countywide efforts on results-based accountability.
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16-23Page 1As a test case, SSA and HCSA should provide a master contract to a wellestablished CBO that would then subcontract to a cluster of smaller CBOs that deliver comparable services. The CBOs with the master contracts would be responsible for the data collection and analysis of all subcontractors under its purview.
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16-24Page 1Alameda County, or those organizations with master contracts, must provide CBOs with sufficient administrative support/training for collecting, reporting, and analyzing performance data, and for employee development within those organizations.
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16-25Page 1As a pilot project, and whenever allowable by funding sources, an RFP should define the problem and allow a CBO the latitude to propose using best practices and innovative approaches for the provision of services.
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16-26Page 1The Alameda County Board of Supervisors must expand the role of the Measure A Oversight Committee to include its input into the decision-making of funding allocations. While the Measure A ordinance specifies the role of the Oversight Committee, the Board of Supervisors could expand that role, or appoint a separate committee with the same membership to undertake the task.
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16-27Page 1The Alameda County Board of Supervisors must provide the Health Care Services Agency with sufficient funding that will allow for additional staff to oversee the collection and analysis of both outcome and output data on those receiving Measure A funds.
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16-28Page 1The Oakland Unified School District must increase the staffing of the Office of Charter Schools to allow more thorough oversight of charter schools.
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16-29Page 1The Oakland Unified School District, Office of Charter Schools, must increase its number of on-site visits to charter schools.
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16-30Page 1The Oakland Board of Education, the Office of Charter Schools, and OUSD’s superintendent must attend charter board meetings to ensure compliance with state law and procedures, and to better assess the management and priorities of each school.
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16-31Page 1The Oakland Unified School District must not authorize or renew a charter school unless that charter agrees to join the superintendent’s proposed Oakland Equity Pledge, and to adhere to the same accountability system for measuring achievement.
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16-32Page 1There must be a facilities review to ensure that all Oakland Unified School District charter school venues are safe and comply with appropriate safety and building codes.
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16-33Page 1The Oakland Unified School District, in collaboration with its charter schools, must prepare a comprehensive strategic plan to ensure that the future growth of charter schools in the city will continue to improve student outcomes. The plan should address OUSD’s expected outcomes, efficient use of available resources and maximize the uses of tax dollars for the benefit of all students.
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16-34Page 1The Oakland Unified School District should seek independent legal counsel as well as advice from the state to ascertain how to exercise more rigor in the charter school renewal and approval process.
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16-35Page 1The Oakland Unified School District should focus its lobbying efforts to seek state revision of charter school legislation to improve the authorization process.
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16-36Page 1The current city of Oakland finance director and Revenue Division manager must update division goals and objectives, which must be communicated to employees.
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16-37Page 1A new waiver policy for tax or penalty waivers must be implemented by the city of Oakland. The new policy should clarify to whom the waiver request must be submitted and who has waiver authority in the absence of a finance director.
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16-38Page 1The city of Oakland’s tax collection software issue must be addressed by either re-authorizing the license for the current software or implementing software from a new vendor.
Conclusions 33
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CL1 Page 28Political interference from elected officials can erode public confidence and trust in government, thus damaging its effectiveness. Although the city of Oakland has regulations in place to prevent interference from a city councilmember, these regulations did not deter city officials from interfering with the approval process for the townhouse project. The councilmember used her position and office to advocate for private gain, and not for the common good of the city. The planning director, in effect, became a collaborator with the councilmember by advocating for design changes favorable to the councilmember while giving the impression that the revised design needed the councilmember’s concurrence. Recent legislative changes to strengthen the Public Ethics Commission were intended to combat such political interference. Now that the PEC is better staffed, concrete steps can be taken to provide training and enforce these rules. The PEC, which was created to ensure "fairness, openness, honesty and integrity" in city government, needs to take action to enforce these rules. The city council must also take action to ensure this conduct is acknowledged and addressed. City employees, especially senior staff, need to report improper conduct. Without proper checks and balances, residents and those investing in the community will lose faith in the integrity of the political process. Backroom dealing cannot be the standard by which the city of Oakland is governed. 28
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CL2 Page 39Evidence presented to the Grand Jury indicates that significant resources were allocated to design and achieve a competitive bidding environment for the city’s RFP without achieving its goals. The city of Oakland paid over $1 million for consulting services for guidance in the RFP and contract award process. Several years of work by city staff were also dedicated to the creation of a competitive bidding process. Given the inordinate time and resources expended during the course of the RFP process, and the substantial monetary value of the anticipated franchise contracts, the city expected multiple bidders and competitive contract proposals. However, the process was ultimately ineffective and failed to achieve this result. The process was originally designed to be independent of political influence with every effort to ensure transparency. For example, the Zero Waste website published every major document, staff report, and notices of meetings relating to the process. It was a genuine effort to educate the community with continuous updates on the process. In the end, this process was abandoned. The final decisions about how the contracts would ultimately be awarded, the rates, and the last minute payouts between contractors were a mystery to the 39
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CL3 Page 40public and to the city. New rate tables and the contractors’ settlement were distributed to staff and to the council. And, without meaningful analysis, the contracts were approved by the Oakland City Council a short time later.
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CL4 Page 53Strategic plans describe what an organization intends to be in the future (the vision), and how it intends to achieve that vision (the plan). Strategic planning is essential. It is what elected officials and managers of governmental agencies are expected to do for the efficiency, effectiveness, and economical delivery of public services. And it is equally essential to ensure transparency and accountability. In the case of the Eden Township Healthcare District, it neither has a vision nor a mission plan consisting of stated goals, objectives, and strategies that describe how the district expects to navigate its future existence and be relevant for the citizens it serves. In the absence of meaningful strategic planning practices, ETHD’s elected officials govern the organization’s mission from a reactive perspective. The Grand Jury believes district residents and other stakeholders appear to be unaware of the implications of this situation. ETHD spends 88% of its resources managing its real estate holdings and only 12% on mission-related activities. With this balance of resource allocation, the district struggles to deliver (directly or indirectly) adequate healthcare services for all residents. There is minimal evidence of active, informed citizen participation in district affairs. Agency officials do not solicit district-wide feedback or input from other healthcare organizations to evaluate and plan for greater mission effectiveness. Equally troublesome, there is no meaningful strategic planning in place to correct these matters. The district’s original purpose is no longer relevant since ETHD no longer owns and operates a district hospital or other direct care assets to deliver acute healthcare solutions. Unless ETHD has a clear vision and a defined strategic plan to be relevant, it should be dissolved. The citizen’s complaint, which initiated the Grand Jury’s investigation, is warranted. It reflects accurate perceptions concerning the mission-realities of the Eden Township Healthcare District.
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CL5 Page 59The Alameda Local Agency Formation Commission has provided inadequate oversight of the Eden Township Healthcare District resulting in maintaining the status quo of a public agency whose purpose and mission are no longer relevant or effective.
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CL6 Page 69Given the hundreds of CBOs contracted with Alameda County, it takes considerable county staff time to monitor the entire enterprise. The Grand Jury is convinced that if there were more innovative management strategies, and better performance data, Alameda County would see substantial improvement in services provided by individual programs and CBOs. The Grand Jury concludes that a far more concerted effort to improve the metrics, collection, and analysis of performance data is necessary to allow CBOs to focus on outcomes and thereby best serve their clients. The improvement of outcome data and analysis will strengthen the RFP and renewal process. While this is beginning to occur, there are far too few resources to have sufficient impact or to provide county leaders and the board of supervisors with meaningful data to make difficult contract closure and to make CBO replacement decisions. There are not enough champions in either HCSA or SSA leading the effort for data-driven performance evaluation. Without a strong commitment from both the Alameda County Board of Supervisors and county agencies to results-based accountability, little will change.
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CL7 Page 76The Grand Jury concludes that the role of the Measure A Oversight Committee should be expanded to include input into the selection and retention of CBOs. Such an expanded role would benefit taxpayers, and care recipients, by providing more transparency in how funds are allocated and spent.
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CL8 Page 83As a result of the inquiry into city email retention practices, the Grand Jury found that some cities stand out as positive examples of government transparency and fulfill the letter and the spirit of both the Public Records Act and the retention statute. The Grand Jury advises the following as best practices for all cities in Alameda County to ensure transparency in public records: Conduct business only on city issued email accounts; Eliminate the use of email relays to private email accounts; Preserve all emails for a minimum of two years; and Make public records easily accessible. 83
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CL9 Page 84FINDINGS & RECOMMENDATIONS None RESPONSES REQUIRED None 84
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CL10 Page 85THE OAKLAND UNIFIED SCHOOL DISTRICT AND CHARTER SCHOOLS EXECUTIVE SUMMARY Oakland has far more charter schools than any other city in Alameda County. These schools enroll 24.4% of the public school children in the city while the national average is 6%. Given this unusually large number, and because charter schools receive public funds, the Grand Jury examined the local approval and oversight process governing charter schools. The Grand Jury also examined the renewal procedures to determine if they are sufficient to protect taxpayers and to ensure that all students are receiving equitable and sufficient educational resources. Charter schools were originally intended as educational laboratories wherein new methods and approaches could be developed and tested. While some charter schools do offer unique programs that differ from traditional district schools in their communities, the increasing number of charters in the city of Oakland is primarily a response to what many see as the diminished quality of traditional public schools. The Grand Jury’s investigation disclosed that although the office of charter schools in the city of Oakland is doing an adequate job in complying with the current standards required by the State Board of Education, the number and type of charter schools in the city have out-paced both the current legislation and the administrative process to oversee their activities.
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CL11 Page 91The number and type of charter schools in the Oakland Unified School District have out-paced current legislation, and as a result, the administrative process in place to oversee their activities is insufficient. Charter schools in Oakland have a distinct competitive advantage over OUSD traditional schools. Their independence from OUSD labor agreements allows them to select teachers according to best practices, and have longer and more school days. They can also focus their budgets on teaching rather than on facilities. 91
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CL12 Page 92The Grand Jury believes that charter schools within the Oakland Unified School District require more rigorous oversight and a more collaborative relationship with district schools in order to better serve the interests of all of Oakland’s students.
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CL13 Page 99Under prior management of the Revenue Division, clear communication was the exception rather than the norm, and numerous changes were implemented without sufficient explanation. To enhance morale, the finance director and revenue manager should collaborate in drafting division goals and objectives. These goals and objectives should be regularly discussed with employees to strengthen overall work culture. 99
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CL14 Page 100The Revenue Division's current rules regulating the granting of penalty waivers are ambiguous and need to be revised. The lack of a clear written penalty waiver policy raises concerns regarding the integrity of the Revenue Division's written financial policies. The Grand Jury is concerned that the proposed waiver policy fails to clearly describe: 1) the steps that must be taken by the taxpayer to request a waiver, including to whom the waiver request must be submitted; 2) whether the revenue manager can act unilaterally in waiving penalties; and 3) who can waive penalties in the absence of a finance director. Once a clear policy is developed and approved, it should be instituted as soon as possible. The Grand Jury is concerned with the expiration of a key collection software license. In order to protect against harmful system outages, the Revenue Division should ensure that the licensing issue is fully addressed. In late 2015, a new manager was appointed to the Revenue Division. This manager has started to implement changes that are intended to improve the department’s business practices.
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CL15 Page 106The Grand Jury noted no security issues during the inspection, and staff appeared to be engaged, promoting a positive atmosphere. It appears that disciplinary procedures are maintained at all times. The Grand Jury learned that the number of youths being housed was low because of a concerted effort to place as many youths as possible under GPS (ankle bracelet) or house arrest in lieu of detention at the JJC. At the time of the Grand Jury’s inspection, 166 juveniles under the supervision of the Probation Department were monitored using these methods. As a result, two 60-bed units were closed, reducing staff overtime, which has been an issue in recent years at the JJC. There appears to be a conscious effort to “de-institutionalize” the environment while maintaining strict order at the JJC. The youth wear uniforms, khakis, green tees and gray sweatshirts. The staff does not carry weapons or wear police uniforms. The staff greets each other formally by their surnames. The atmosphere appeared relaxed and staff morale appeared to be high. It was apparent that the staff is sensitive to the fact that they are dealing with youths. In conclusion, the Grand Jury found the Alameda County Juvenile Justice Center to be efficient and well maintained. There appears to be strong and positive leadership at the JJC, exemplified by the superintendent and staff who were engaged, knowledgeable and responsive during our inspection. FINDINGS & RECOMMENDATIONS None RESPONSES REQUIRED None 106
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CL16 Page 107HAYWARD POLICE DEPARTMENT JAIL INSPECTION INTRODUCTION On October 13, 2015, the Grand Jury inspected the Hayward Police Department Jail, located at 300 West Winton Avenue in Hayward, California. The jail administrator accompanied the Grand Jury during the inspection. The jail was built in 1978, with upgrades to the building last occurring in 1982. The Hayward Jail is a Type 1 facility, a local detention facility used for the detention of not more than 96 hours after booking, excluding holidays. The jail also serves the California State University East Bay police department. INSPECTION The Hayward Jail is staffed by correctional officers. They receive correctional training and certification. They are not sworn officers and do not carry firearms, although some jail staff do carry Tasers. Police officers secure their weapons in lockers with keys at various entry points prior to entering the jail facility. The Hayward Jail is an older building that shows some signs of wear, but otherwise the Grand Jury found the jail to be in good condition and well maintained. Arrestees are booked, released or held for a pre-arraignment hearing at this facility. Telephone translation services are available when there are no officers to translate for non-English speaking detainees. The average stay for an arrestee at this facility is typically less than 24 hours. Upon entry to the jail, the detainee’s personal belongings are inventoried, and the detainee is given a copy of that inventory. The jail has temporary holding cells, as well as cells that accommodate 30 beds. There is a total maximum holding capacity of 85 detainees. A toilet, wash basin and fountain are available in the booking area and most of the jail cells. A shower is also available in the booking area. The jail has separate cells for female detainees, individuals with special needs, violent arrestees, and those who need sobering. All cells are equipped with emergency buttons for detainees to call for staff. The cells and surrounding areas are cleaned daily by a custodian. Upon entry, all arrestees are asked about their medical condition, including whether they have TB or other communicable diseases. Responses to medical questions, visual observation, prisoner classification and other information are entered into a database. Detainees are given a toothbrush, soap and shampoo upon request. Linens are also provided, and the Grand Jury noted that mattresses appear to be in good shape. 107
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CL17 Page 108Those who arrive with prescription medication have their medication verified and delivered as directed (detainees keep asthma inhalers with them at all times). Jail staff may contact a detainee’s family to verify any request for medication. The family would then be requested to bring the medication to the jail. If injured, or when requiring further medical assistance, a detainee may be transported to St. Rose Hospital in Hayward, to John George Psychiatric Facility, or to Santa Rita Jail for evaluation and treatment. The Grand Jury was told that all correctional officers are current in first aid and CPR training, and that every employee is provided with a CPR mask. Jurors observed that only one CPR mask was mounted in a prominent location within the facility. The Grand Jury noted that the location of first aid kits was not clearly marked, although they were well stocked. A private vendor disposes of jail hazardous waste. Disposable clothing is provided to detainees who need a change of clothes, and disposable gloves are provided to staff. Staff conducts a safety check of cells every 30 minutes. Visitation of detainees is through a video camera. Attorneys may visit detainees in a special private cell. At the time of the inspection, security cameras and audio equipment were found to be in good working condition. Telephones are located in most cells and in adjoining hallways. Detainees are provided a minimum of three free phone calls. The number of collect calls is not limited. Although there is no formal written complaint procedure, detainees can make verbal complaints to correctional officers. Complaints may be investigated by the Hayward Police Department’s Internal Affairs division. A vendor provides food for detainees. Meals are delivered weekly and heated by jail staff in microwave ovens or stoves. The food area is very clean. Snacks are provided to detainees when booked late at night, and additional snacks may be purchased from vending machines with staff assistance. In the event of an emergency evacuation, the detainees are handcuffed, escorted outside of the jail, and held along a fence line outside of the building in a secure yard. If needed, the jail calls for assistance from the Hayward Police Department or the sheriff’s office at the Hayward Court, located next door to the jail.
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CL18 Page 108The Grand Jury found the Hayward Police Department Jail to be efficiently run and in good condition. A review of the first aid kit signage should be completed to ensure ready access if needed, and a written complaint procedure for detainees should be considered. 108
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CL19 Page 84FINDINGS & RECOMMENDATIONS None RESPONSES REQUIRED None 109
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CL20 Page 110[This page intentionally left blank] 110
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CL21 Page 111FREMONT POLICE DEPARTMENT DETENTION FACILITY INSPECTION INTRODUCTION On October 20, 2015, the Grand Jury inspected the Fremont Police Detention Facility located at 1990 Stevenson Boulevard in Fremont, California. A police lieutenant serving as the detention facility manager, and two detention staff members escorted the Grand Jury throughout the facility. The detention facility serves the city of Fremont and occasionally houses prisoners for the following organizations: BART Police Department, CHP (California Highway Patrol), the California Department of Corrections (State Parole), East Bay Regional Park District, Newark Police Department, Union City Police Department, and the U.S. Immigration and Customs Enforcement (ICE). This facility opened in 2002. INSPECTION The facility has a total of 96 holding cells. A toilet, washbasin and drinking fountain are available in each cell. Showers are available in each common area. The facility has five common areas called pods that connect to jail cells. Separate pods are provided for females and males. Persons with special needs may be placed in separate areas (cells or pods) for their protection. Violent detainees and gang members are housed in separate maximum-security areas. The pods include TVs, tables with built-in seating and telephones. Playing cards, reading materials, and board games are also available for detainees to use. Visits are conducted in booths equipped with telephone handsets and a glass partition that separates the detainee from his/her visitor(s). Detainees are allowed three free phone calls with a five-minute limit for each call. The number of paid calls (money card or collect calls) is unlimited. The Fremont jail is clean. Detainees are provided with soap and toothpaste after booking and receive clean towels daily. Detainees with soiled clothing are given a change of clothes. Verified prescriptions for detainees are stored in a secured control room. Staff is trained in CPR and first aid procedures. The location of first aid kits is prominently displayed within the facility. Upon booking, all detainees are screened and observed for mental and physical health issues. Detainees in need of detoxification, or who are determined to have significant medical needs, are sent to Santa Rita Jail, John George Psychiatric Pavilion, or Washington Hospital. 111
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CL22 Page 112A phone number for interpreter services is listed in the processing area in the event an interpreter is needed to communicate for a detainee. In addition, procedures and safety rules are conspicuously displayed in the processing area for detainees to read. There are approximately 20 security cameras at this facility that are monitored continuously. Each cell has an emergency button. Officers conduct a safety check on cells twice each hour. Detainees who are a threat to their own safety are not housed at this facility, but are taken directly to John George Psychiatric Pavilion, Washington Hospital, or Santa Rita Jail. Prior to entering the secure jail area, police officers lock their weapons in a sally port (a secure transition area). Jail staff do not carry firearms but have access to pepper spray. The Fremont Police Department is adjacent to this facility and may be called upon if a serious or dangerous situation arises with detainees. At booking, detainees' personal items are inventoried, logged in the presence of the detainee, heat sealed, and then locked in a property room. Belongings not held for evidentiary purposes are returned to the detainee when the detainee is released from the facility. A food service company delivers meals for detainees, served three times daily. No special meals are provided for any allergies, but detainees can select what food is acceptable to them. There are several convection ovens, a refrigerator and storage area. The kitchen facility is very clean. Upon a detainee’s late arrival, sandwiches are available. Additional food is available upon request. The Grand Jury noted that a July 8, 2015 county food inspection report made minor recommendations regarding food preparation. The Grand Jury confirmed that the jail was in compliance with these recommendations. The Grand Jury found that emergency procedures are in place at this facility. For example, in the event of a large earthquake, misdemeanor offenders would be released, but felony offenders would be taken to the sally port. The Fremont Jail has a unique program called “Pay to Stay,” which enables those eligible to elect to pay to serve their time at the Fremont Jail rather than a larger, potentially more dangerous jail. The time served at Fremont is in a smaller and quieter pod (cell) at a cost of $155 per day to the detainee, for up to four consecutive days at a time. This smaller pod has a capacity for up to four prisoners and contains a microwave oven, magazines, TV, and a shower. On the day of the Grand Jury's inspection, a detainee from another state was occupying this pod. 112
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CL23 Page 113The Grand Jury found the Fremont Police Detention Facility to be very clean and well managed. It was further observed that the detention facility employees enjoyed their work and had high morale. Management and staff are to be commended for contributing to a positive environment for detainees housed at this facility. FINDINGS & RECOMMENDATIONS None RESPONSES REQUIRED None 113
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CL25 Page 115WILEY W. MANUEL COURTHOUSE JAIL INSPECTION INTRODUCTION On November 13, 2015 the Grand Jury inspected the holding cells and support areas of the Wiley Manuel Courthouse Jail located at 661 Washington Street in Oakland. These jail holding cells provide a secure environment for incarcerated individuals awaiting appearance in court. The jail operation is staffed entirely by sworn Alameda County deputy sheriffs who supervise the detainees and are responsible for their care, custody and control while in the courthouse. On the day of the Grand Jury’s inspection 107 detainees were being held. INSPECTION A lieutenant in charge of court services led the Grand Jury’s inspection, along with two of the deputies on duty. The Grand Jury received an overview of the operation and asked specific questions for our report. Afterward, the jurors reviewed the video surveillance center and watched two deputies monitoring each of the cells where detainees were held. In addition to the continuous observation, physical checks of the cells are performed every hour or more frequently depending on the classification of detainees under their supervision. There are 36 holding cells in the courthouse, each with a maximum capacity of 12 to 16 people, with a total maximum capacity of 494. The number of detainees on any given day is approximately 125. There were 107 detainees held on the day of the Grand Jury’s inspection. The facility was clean. The holding cells are in need of paint, and the Grand Jury was informed that this project is on the schedule for this year. Holding cells are equipped with benches, a basin and toilet. The cells were also clean and in working order. The jurors observed generally six to eight detainees in a cell with a few occupied by only one or two. Cell determinations are made daily and are based on the classification of the detainees scheduled to appear. Detainees are assigned to cells based on various criteria – behavioral issues, gang affiliations, etc. Sheriff’s deputies carry firearms, batons, pepper spray and stun guns. Detainees cannot make phone calls. All cells have two functioning cameras with two-way audio, so that detainees can communicate with the officers in charge of monitoring the cameras. 115
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CL26 Page 116The Grand Jury was told that detainee complaints are rare, but when they occur they are usually related to a facility issue. Wiley Manuel Courthouse is owned by the state of California, therefore complaints about the physical plant are forwarded to the state representative managing the facility. This representative is responsible for remedying the problem. Detainees can meet with their attorneys at the courthouse, and the Grand Jury inspected several representative meeting rooms. These rooms were not ADA compliant, but the Grand Jury was advised that there are ADA compliant cells and meeting rooms in the facility. The deputies accompanying the Grand Jury noted that Wiley W. Manual has a policy to ensure that special needs detainees are able to meet with their attorneys in a safe, private manner. Detainees with special needs receive assistance from deputies navigating small elevators and narrow hallways. Detainees who are believed to be a threat to their own safety may be sent to Wiley W. Manuel. They are housed separately and put on a suicide watch. If they are unable to appear in court due to their state of mind or behavior and need medical attention, they are taken via a secure route to the adjacent North County jail, where they are provided with immediate care or taken to a medical facility. There are no food preparation facilities but bag lunches are distributed to the detainees at the beginning of each day. The court screens, in advance, for whether a non-English speaking detainee needs an interpreter. There are several bilingual deputies on staff. The court has a deputy assigned to maintain safety equipment. The court has an emergency evacuation plan. Juvenile detainees are seldom brought to the courthouse, but when they are, they are segregated from the adult detainees and kept under a continuous watch.
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CL27 Page 116The Grand Jury found that the Wiley W. Manuel Courthouse holding cells are run in an efficient manner. The mix of detainees on a daily basis poses a number of challenges for the deputies, but staff appears to have an efficient system in place. 116
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CL28 Page 84FINDINGS & RECOMMENDATIONS None RESPONSES REQUIRED None 117
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CL30 Page 119URBAN SHIELD 2015 INTRODUCTION Urban Shield is an annual regional disaster preparedness exercise coordinated by the Alameda County Sheriff’s Office. It is comprehensive in the scope of catastrophic scenarios presented to participating law enforcement, firefighter and emergency medical response agencies. It is staged and executed in a competitive format to enhance training experience, and to evaluate performance of participating responder teams under stress induced, real-world scenarios. The Grand Jury was invited by the Alameda County Sheriff’s Office (ACSO) to observe the 2015 Urban Shield exercises. The sheriff, along with ASCO command staff, led the Grand Jury on a tour of the Alameda County Emergency Operations Center. The Grand Jury observed live video feed of Urban Shield exercises, during which command staff highlighted and explained strategic objectives. The tour concluded with ASCO command staff answering the Grand Jury’s questions concerning Urban Shield. REVIEW The tragic events of September 11, 2001 forever altered the landscape in which law enforcement, fire and other medical emergency responders perform their duties. Major catastrophic events require manpower and resources beyond the ability of any single agency or organization. Communication and cooperation are essential when lives and communities are at risk. The Alameda County Sheriff’s Office created Urban Shield in 2007, to train and test first responders and their departments using realistic scenarios, and to prepare them to address these events in the most efficient, cost-effective way possible. Urban Shield has expanded to train first responders and agencies beyond the local area to those from all over the United States and around the world. Urban Shield stages multiple real-world situations simulating catastrophic events. Many of these scenarios run concurrently, 24 hours a day, over the course of the event. Teams move swiftly from one completed scenario to the next. While first responders are in the field, they are in constant contact with their command teams. Because multiple teams from diverse agencies are participating, they must develop common ways to gather key information in real-time, determine what resources are needed and how to deploy those resources to get them to the first responders in a timely manner. This 119
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CL31 Page 120interaction builds strong relationships across multiple municipalities and districts. In 2015, law enforcement, fire and emergency medical teams were deployed to 56 different training exercise sites within the geographical boundaries of Alameda, Marin, San Francisco, San Mateo and Santa Clara counties. In addition, full-scale exercises also engaged Emergency Operations Centers in Monterey, San Benito, Santa Cruz and Sonoma counties. As an example, one scenario involved a coordinated response to a derailed chemical train. First responders needed to discover what chemicals were present, what the hazards were, whether there was a chemical plume and if so, where it was headed and how long it would take to dissipate. They learned to ascertain who was nearby, who needed to be evacuated and who needed to be sheltered in place. Once completed, decontamination of people, search dogs or equipment had to be addressed. Through this exercise, Urban Shield allowed our first responders and their agencies to safely discover, solve and plan for such potential problems in advance, instead of at an actual scene where missteps may come at a high price to the safety and health of those on the scene. The 24-hour nature of Urban Shield allows first responders to train for both day and night conditions, and enables teams to transition command operations. Those in command during the 12-hour day shift develop a list of goals and objectives to hand off to the commanders of the night shift, and they in turn do the same for the next day shift. These communication techniques better prepare responders to prevent situations in which exhausted individuals could make serious mistakes. Costs and Participants Urban Shield receives much of its funding from the Department of Homeland Security. In 2015 the program cost $1.5 million. Over 6,200 participants took part in the training which included volunteers and support personnel. Regional, state and international law enforcement teams competed in the exercises. Fire first responders, HAZMAT, land and water based search and rescue, and urban search and rescue teams also competed. Other participants represented hospitals and emergency medical personnel, local government public works and GSA staff. Reality Based Training for Real-World Situations Urban Shield provides an opportunity for agencies around the Bay Area and beyond to meaningfully interact under realistic conditions. As a result of their 120
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CL32 Page 121participation in Urban Shield, responders have developed a strong support network throughout the area. First responder agencies can now quickly muster and stage needed personnel and assets to respond to situations as they occur. These situations could be an isolated problem such as a plane crash at the San Francisco airport, or several wide-spread problems, such as we faced in the Loma Prieta earthquake and the Oakland Hills fire. Urban Shield has yielded tangible real world benefits as well. In San Francisco, training from Urban Shield to execute a line rescue was applied to the actual rescue of a window washing team trapped on a downtown San Francisco high rise. At the Boston Marathon bombing, first responders had participated in past Urban Shield exercises. As a result, they were on the scene swiftly and were well organized to respond in the most efficient manner. The public was able to see, first-hand, how quickly the injured were given medical aid, and how the bombers were caught at minimal risk to people and property. In Japan, a robot tested at Urban Shield was used at the Fukushima Daiichi nuclear power plant to determine the extent of the damage. Without this robot and training, humans would have been exposed to lethal levels of radiation. Technology Innovation Through Private/Public Partnerships The Grand Jury learned that Urban Shield 2015 continued its private/public partnerships through integrating life safety and technology-based products and services into Urban Shield exercise scenarios. By subjecting new and existing technologies to real world applications, products have been improved to meet the critical needs of first responders. Over 70 corporate vendors participated in Urban Shield 2015. One example of technology that has come into common use as the result of testing at Urban Shield is the body camera. The first generation camera tested proved to be too bulky and cumbersome. After repeated field tests at Urban Shield and other sites, body cameras are now smaller, lighter, easier to use and have more features. Another product actively used at Urban Shield is the “live body” mannequin. This mannequin helps EMT’s and other first responders save lives by realistically modeling major injuries as might be seen in a natural disaster or a terrorist attack. 121
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CL33 Page 122Urban Shield provides critical training, coordination, and agency collaboration to prepare Bay Area first responders and agencies from around the world for catastrophic events. An analysis of the lessons learned during Urban Shield exercises has demonstrated that first responders are better prepared, trained and equipped for actual events under high stress situations. The citizens and communities of Alameda County and beyond are directly benefited and are measurably safer as a result of Urban Shield. Furthermore, the Alameda County Sheriff’s Office is to be commended for the vision, execution and accomplishments of this activity. FINDINGS & RECOMMENDATIONS None RESPONSES REQUIRED None 122
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