Alameda County’s Mental Health System
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Note: Missing finding numbers detected: F14
Findings 66 findings
Recommendations 65
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R1Page 28Alameda County Behavioral Health should develop a community-wide needs/gaps assessment, beyond the scope of what the Mental Health Services Act requires, to guide funding and ensure equity in service delivery. This can help Alameda County Behavioral Health develop a strategic plan to ensure that Alameda County’s current approach to mental health services and funding is fully in sync with “Care First, Jail Last” and Alameda County’s current needs.
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R2Page 28Alameda County Behavioral Health should invest in and improve its data development, organization, sharing, and distribution capabilities. Accurate and complete data-driven analysis and evaluation should direct Alameda County mental health service and funding choices.
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R3Page 28Alameda County Behavioral Health should lift contract caps for providers who are over- serving their contracts, or at least provide clear protocols for how and when to lift those caps during contract negotiations with service providers.
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R4Page 28Alameda County Behavioral Health must develop technology that allows uniform interoperability between multiple provider agencies for sharing of medical records.
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R5Page 28Alameda County Behavioral Health should add outreach in multiple ways, languages, and venues, including directing materials to law enforcement, health care, social services, and to the general public to instruct them appropriately about ACCESS as both a resource line and a referral line.
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R6Page 28The ACCESS number should be more widely distributed by Alameda County Behavioral Health to the professional and consumer communities. If the ACCESS line is an information and referral line, there should be corresponding easily accessible resource information about mental health programs on ACBH’s website and outside of the website, available to the public.
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R7Page 28Alameda County Behavioral Health should provide a mental health support/crisis line that is staffed 24-7 as a referral alternative to jail or psychiatric holds. 28
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R8Page 29Alameda County Behavioral Health must develop enough program slots to meet current needs.
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R9Page 29Alameda County Behavioral Health must improve/expand upon its coordination between service providers and ACCESS staff regarding available slots for service by developing appropriate technology to assess available program slots in real time.
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R10Page 29Alameda County Behavioral Health must provide more transparency in its reporting on Behavioral Health Court and make results of Behavioral Health Court available, including graduation rates, recidivism, and reasons for lack of completion.
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R11Page 29Alameda County Behavioral Health, in collaboration with the courts, should increase the capacity of Behavioral Health Court, based on findings above, to support the “Care First, Jails Last” Board of Supervisors resolution.
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R12Page 29Alameda County Behavioral Health, in collaboration with the courts, needs to provide data that ensures that Behavioral Health Court is racially and geographically equitable.
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R13Page 29The Alameda County Board of Supervisors should better utilize the expertise and skills of the Mental Health Advisory Board. Regular, scheduled Advisory Board presentations to the Board of Supervisors would be useful.
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R15Page 45The city of Oakland should transfer the Form 700 Filing Officer responsibility to the Public Ethics Commission.
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R16Page 45The city of Oakland should hire an experienced grant writer with knowledge of state and local funding streams to secure funding for Form 700 services.
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R17Page 45On its shared electronic Human Resources platform, the city of Oakland should add a field to the employee information section that indicates whether the employee is a required Form 700 filer and require that the field be updated upon hiring, promotion, demotion, or separation.
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R18Page 45The City of Oakland should ensure that the Filing Officer is able to access a current list of Form 700 designated employees through the shared electronic Human Resources platform.
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R19Page 45The City of Oakland should add the notification of Form 700 status on the new employee checklist. 45
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R20Page 71The Alameda County Board of Supervisors must transfer responsibility for conservatorship defense from the Alameda County Public Defender’s Office to a separate agency.
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R21Page 71The Alameda County Board of Supervisors must establish a written contract with its conservatorship defense provider(s) outlining the standards to be met in order to receive county funding, as set forth in Recommendation 22.
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R22Page 71The Alameda County Board of Supervisors must include the following provisions in the written contract(s) named in Recommendation 21: a. actions required to establish zealous advocacy, including 71 i. arranging an evaluation of proposed conservatees by a licensed medical professional and/or a social worker, ii. working with regional centers to review individualized program plans (IPPs) for (proposed) conservatees who are regional center clients, to determine whether a less-restrictive alternative is available, and iii. implementing a procedure to follow up with court investigators to ensure thorough and timely investigations, b. the length of time an attorney or support staff must perform affirmative outreach after letters of conservatorship are issued, c. requirements that the conservatorship defense provider i. establish written attorney training procedures, ii. establish annual attorney performance evaluation procedures, iii. review each case after the conservatorship ends and conduct an “exit interview” or survey with interested parties, and iv. maintain a database of case outcomes.
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R23Page 72The Alameda County Board of Supervisors must select a neutral third party to conduct an annual audit of a random sample of conservatorship defense cases to assess attorney performance and determine compliance with probate rules.
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R24Page 72Unless and until there has been a determination as to a new funding model, the Alameda County Board of Supervisors must approve funding for one experienced full-time attorney to be assigned exclusively to the Alameda County Public Defender’s probate conservatorship unit. If the Alameda County Board of Supervisors finds it unmanageable to follow
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R25Page 72The Alameda County Board of Supervisors must direct the Alameda County Public Defender to subscribe to an attorney training service upon hire and for continuing education in the area of probate conservatorship.
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R26Page 72The Alameda County Board of Supervisors must direct the Alameda County Public Defender to establish annual performance evaluation procedures for conservatorship attorneys. 72
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R27Page 73The Alameda County Board of Supervisors must direct the Alameda County Public Defender and Legal Assistance for Seniors to arrange for each client to be evaluated by a licensed medical professional and/or a social worker.
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R28Page 106The Alameda County Sheriff’s Office must remediate the following issues and verify full compliance with applicable codes: • Electrical connection to ovens and tablet-charging stations within housing units. • Provide permanent floor marking to demarcate area that must be kept clear around eyewash station in kitchen. 106 • Bring current the testing and maintenance for eyewash station in kitchen and incorporate the necessary periodic reviews into preventive maintenance scheduling system. • Ensure presence and readability of all emergency-stop controls in kitchen. • Attach signage for PPE/hazardous waste disposal to disposal containers.
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R29Page 107The Alameda County Sheriff’s Office must conduct a facility-wide audit for health and safety code issues to be led by a subject matter expert and review results with the jail commander and the Alameda County General Services Agency (GSA) manager on completion.
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R30Page 107The Alameda County Sheriff’s Office must incorporate into the Santa Rita Jail facility operation procedures a requirement for a semiannual facility-wide safety inspection to include the jail commander, the GSA facility manager, and a facility health and safety code expert. Document these results in a written report and add any issues identified to the facility’s maintenance issue tracking system.
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R31Page 107The Alameda County Sheriff’s Office must inform GSA of all Santa Rita Jail inspections by the Board of State and Community Corrections or any other third-party entities.
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R32Page 107The Alameda County General Services Agency must require a GSA facility manager be present during all Board of State and Community Corrections and other Santa Rita Jail facility inspections.
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R33Page 107The Alameda County Sheriff’s Office must ensure that all entrants into the secure portion of the Santa Rita Jail facility are positively identified via government-issued identification in advance of entry.
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R34Page 107The Alameda County Sheriff’s Office must implement access control procedures to reduce the risk of contraband being introduced into Santa Rita Jail by staff and administrative visitors. Controls should, at a minimum, place limits on the nature and number of personal effects that may be brought into the secure perimeter and establish protocols for screening those permitted personal effects for contraband. Detainment Conditions
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R35Page 108The Alameda County Sheriff’s Office must establish policies and procedures to ensure that each Santa Rita Jail detainee is provided an opportunity for access to outdoor space on at least three days per week for at least one hour per opportunity.
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R36Page 108The Alameda County Sheriff’s Office must establish policies and procedures to ensure that each temporary access cell at Santa Rita Jail is removed from service until it is cleaned and sanitized.
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R37Page 108The Alameda County Sheriff’s Office must establish policies and procedures that codify both the minimum acceptable levels of cleanliness at Santa Rita Jail in areas designated as being the cleaning responsibility of detainees and the responsibility of jail staff when those minimum levels are not maintained.
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R38Page 108The Alameda County Sheriff’s Office must augment existing quality reviews to incorporate assessment of the timeliness of health care delivery at Santa Rita Jail.
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R39Page 108The Alameda County Sheriff’s Office must institute monthly senior-level meetings of Santa Rita leadership, the on-site medical director, and Wellpath’s service delivery leadership to review quality assessment reporting and any emerging operational issues related to health care delivery at Santa Rita Jail.
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R40Page 108During the next amendment to the Wellpath contract, the Alameda County Sheriff’s Office must negotiate for the addition of jail-specific provisions requiring that the Sheriff’s Office be allowed to explicitly consent to personnel changes in key roles proposed by Wellpath. COVID-19 Management
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R41Page 108The Alameda County sheriff’s Office must implement a visitor screening procedure for Santa Rita Jail that is consistent with current Alameda County Public Health Department and the Centers for Disease Control (CDC) guidance for congregate settings. 108
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R42Page 109The Alameda County Sheriff’s Office must adopt a requirement that all Santa Rita employees be fully up to date with state and CDC-recommended COVID-19 vaccinations within congregate settings.
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R43Page 109The Alameda County Sheriff’s Office must implement a procedure for discipline, up to and including removal, for employees who do not fully comply with Alameda County’s COVID-19 protocols for county employees.
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R44Page 109The Alameda County Sheriff’s Office must provide and maintain accurate weekly reporting of staff COVID-19 vaccination statistics on the Sheriff’s Office website.
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R45Page 109The Alameda County Sheriff’s Office must direct all Santa Rita staff (both Sheriff’s Office employees and contractors) to fully comply with Alameda County’s indoor masking recommendations.
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R46Page 109The Alameda County Sheriff’s Office must develop a program that supplements COVID-19 education with targeted and compelling incentives for Santa Rita Jail detainees to become vaccinated. Grievance Process
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R47Page 109The Alameda County Sheriff’s Office must inform Santa Rita Jail detainees, in writing, that electronic grievances may be submitted by using a placeholder tracking number.
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R48Page 109The Alameda County Sheriff’s Office must update the electronic grievance submission system at Santa Rita Jail to make clear to all users that there is no requirement for deputy involvement in a grievance submission.
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R49Page 109The Alameda County Sheriff’s Office must modify procedures for the review, referral, and management of medical-related grievances at Santa Rita Jail to achieve a target of 100% engagement with medical grievance submitters within 72 hours, and resolution of 95% of medical-related grievance within seven days of submission. 109
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R50Page 110The Alameda County Sheriff’s Office must implement policy and procedure changes necessary to ensure that the Santa Rita Jail Grievance Unit actively tracks the status of grievances referred to all external departments and contracted service providers, and that these changes include a mechanism for follow-up and escalation should a grievance not be resolved within a predefined period of time. Recommendations 51: The Alameda County Sheriff’s Office must complete an analytical review of grievances received over the preceding 12 months that name individual Santa Rita Jail deputies.
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R52Page 110The Alameda County Sheriff’s Office must adopt procedures that result in the delivery of a holistic analysis of grievance submission data on a quarterly schedule to the Santa Rita Jail commander.
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R53Page 110The Alameda County Sheriff’s Office must adopt a mechanism for Santa Rita Jail detainees to alert jail administration to building safety and maintenance issues in a manner that is distinct from the filing of personal grievances.
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R54Page 110The Alameda County Sheriff’s Office must adopt policies to acknowledge that the observation or knowledge of abuse or mistreatment of other detainees at Santa Rita Jail represents a potential grievance-qualifying harm requiring investigation.
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R55Page 110The Alameda County Sheriff’s Office must modify Grievance Unit policies at Santa Rita Jail to acknowledge the value of seeking clarifications and direct testimony from submitters as an integral step in the investigative process. 110
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R56Page 132BART’s Board of Directors must adopt written policies that acknowledge California Government Code 1236 and require compliance with standards prescribed by the Institute of Internal Auditors or the Government Auditing Standards issued by the Comptroller General of the United States (known as the “Yellow Book.”).
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R57Page 132BART’s Board of Directors must adopt an Office of the Inspector General charter that expands on the spare language of PUC 28840 – 28845 such that the independence of the Inspector General is clearly acknowledged, and the roles and relationships are clearly defined between the Inspector General and senior BART staff such as general manager, general counsel, treasurer/controller, and internal auditor.
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R58Page 132BART’s Board of Directors must give the Office of the Inspector General unencumbered and confidential access to all of BART’s resources, information, and employees, while respecting the “Weingarten” right of employees to representation during an investigatory interview if requested by the employee.
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R59Page 132BART’s Board of Directors must provide the Office of the Inspector General independent access to counsel, administrative staff, and records storage systems.
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R60Page 132BART’s Board of Directors must increase funding for the Office of the Inspector General to the level of peer transit agencies such as LA Metro and WMATA, expressed as a percentage of overall operating budget.
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R61Page 132BART’s Board of Directors must update BART’s Code of Conduct, last revised in 2013, to make reporting of potential conflicts of interest more internally consistent and aligned with federal and state regulations. 132
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R62Page 145The Oakland Fire Department shall report the status of state-mandated fire inspections to the Oakland City Council’s Public Safety Committee quarterly for review and evaluation.
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R63Page 145Oakland’s mayor must meet monthly with the Oakland Fire Department chief focusing on progress toward the goal of 100% compliance with state-mandated fire inspections.
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R64Page 145The city of Oakland must develop a dependable, cross-agency, up-to-date inventory of buildings needing state-mandated fire inspections.
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R65Page 145The Oakland Fire Department, in partnership with the Accela Task Force, must evaluate the Oakland Fire Department team and the work plan for the Oakland Fire Department’s Accela implementation, including the possible addition of administrative permission for the Oakland Fire Department to allow the Oakland Fire Department Accela liaison to make direct changes to the Accela interface.
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R66Page 145The Oakland Fire Department executive staff must meet regularly with the Oakland Fire Department Accela liaison to evaluate the status of Accela implementation within the department, including the status of Accela’s performance in aiding inspections.
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R67Page 145The Oakland Fire Chief must evaluate personnel assignments to ensure the appropriate liaison with systems and operational knowledge is in place for the critical implementation of Accela.
Conclusions 18
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CL1 Page 103facility infrastructure,
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CL2 Page 77detainment conditions,
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CL3 Page 103COVID-19 management, and
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CL4 Page 103the grievance process. The Grand Jury concludes that many of these findings present continuing risks to the health and safety of the staff and detainees who occupy the facility as well as a financial risk to Alameda County, which is ultimately responsible for the damages that may arise from conditions at the jail. The Grand Jury gratefully acknowledges the support and assistance of the many Santa Rita staff members who accompanied jurors on their inspections, located documents and data, and explained processes and procedures. While not all personnel interactions were positive, the few instances in which staff engaged in a manner that the Grand Jury experienced as adversarial or unprofessional were addressed during the investigation and did not impair the completeness or accuracy of this report. 103
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CL5 Page 123an interview room, which contains a table and chairs,
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CL6 Page 123a room equipped with a breath-analyzer machine used by officers when conducting breathalyzer tests on arrestees (Union City and Newark police officers utilize this room at their own agencies’ cost), and
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CL7 Page 123temporary holding rooms that are available for detainees. Each detainee is offered a clean change of clothes upon entry to the facility, and staff launders detainee’s clothing upon request. Detainees do not often take advantage of this offer, or of the shower facility. In addition to the detoxification and safety cells, the facility has four holding cells. These cells are located away from the A detainee intake area in a separate space behind an individual closed requiring immediate door. Each holding cell has a toilet, washbasin, drinking medical care is fountain, television, and an emergency call button. Enclosed transported by showers are available in an area outside the holding cells. Due ambulance to to construction at a nearby building, water was shut off at the Washington Hospital in time of the Grand Jury’s inspection. Therefore, the Grand Fremont or John Jury was unable to determine if all plumbing was functional. George Psychiatric Visitation booths are available and are equipped with a Pavilion in San Leandro. handset and a glass partition to separate the detainees from visitors. Phones are placed in accessible areas, including holding cells. Up to 15 minutes of local calls are free for detainees. The receiving person is responsible for the cost of longer local or any long- distance calls. 123 A service company delivers prepared meals for detainees that are stored on-site and served upon a detainee’s request. A small commercial kitchen contains a range, ovens, and a refrigerator for food preparation and storage. The Grand Jury noted cereal on a shelf in the kitchen past its expiration date, and staff stated that it would be disposed of. The kitchen area was clean and neat. Only indoor recreation is available for the detainees, and the area was clean and well maintained. Books are available for reading. A complaint process is in place, starting with a complaint form. The complaint form is delivered to the detention facility manager, who determines whether an investigation is needed. Any investigations are conducted by the Internal Affairs Division of the Fremont Police Department. No complaints from detainees were received in 2021.
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CL8 Page 26Through its investigation, the Grand Jury found and verified that Alameda County’s mental health system is very complex and challenging to navigate, particularly for the SMI individuals and their families and friends for whom it should be primarily designed to serve. Based on its findings and through its recommendations, the Grand Jury seeks to help simplify this complex system for those trying to use it, and to help facilitate needed improvements for those attempting to maintain and manage it. The Grand Jury wants to make clear that the problems it identified through its investigation lie largely with the system itself, not the people working within it. Despite questionable allocations of resources and the high personal and financial costs and stresses of working in the San Francisco Bay Area, the Grand Jury found dedicated groups of individuals committed to serving Alameda County’s mental health needs. The following findings and recommendations are focused on helping these noble mental health service providers and the people they serve.
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CL9 Page 44All of the designated filers are persons in positions of power with respect to governmental decisions in Oakland. Supporting the Form 700 process by accurately reporting financial facts regarding designated filers helps protect the public from self-serving financial decisions by public officials, creates trust, and provides a factual basis for recovering misappropriated funds.
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CL10 Page 70Through its investigation of conservatorship, the Grand Jury learned that there are numerous pitfalls in the system. The four findings and eight recommendations on the following pages aim to help conservatorship defense providers address these issues. The Grand Jury recognizes that each case is unique and that attorneys have discretion in pursuing their clients’ goals. The aim of this report is not to require attorneys to conform to a single, rigid standard but rather to clarify both the county’s expectations of conservatorship defense providers and the duties of a zealous advocate. In the 2007 report conveying its recommendations to the Judicial Council, long before the funding intended to implement them was eliminated from the state budget, the Probate Conservatorship Task Force struck a hopeful note: [M]any of the recommendations would require additional funding from outside sources and some recommendations would necessitate a substantial change in the culture and practice of superior courts and their justice partners. The task force did not want these factors to dictate whether a recommendation would be forwarded to the council; rather, the task force saw its charge as being one to make recommendations for the best possible system within which conservatees would have the greatest level of protection, resulting in a system that would warrant a high level of public trust and confidence. 70
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CL11 Page 71The Grand Jury echoes these sentiments, with the hope that its findings and recommendations will lead to meaningful change for conserved adults in Alameda County. They have waited long enough.
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CL12 Page 124The transition of the Fremont Jail from a Type I facility to a temporary holding facility has resulted in unused space, a reduction in the number of detainees, and a change in operational requirements. The Grand Jury learned that assessments are currently underway to determine whether the facility remains viable or if the site could be better utilized. The Grand Jury found the Fremont Jail to be professionally managed and clean. FINDINGS None RECOMMENDATIONS None RESPONSES REQUIRED None 124
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CL13 Page 125BART IS ON THE WRONG TRACK WITH INDEPENDENT OVERSIGHT EXECUTIVE SUMMARY BART, the San Francisco Bay Area’s largest and geographically broadest rapid transit system, is governed by an elected board of directors whose members serve four-year terms and are drawn from nine districts representing portions of the area served. A board-appointed general manager is the chief executive officer. A successful 2018 regional ballot measure in nine Bay Area counties activated Senate Bill 595 which dedicated $1 billion in bridge toll revenue to BART capital projects. It also created an independent Office of the Inspector General (OIG) to provide oversight and accountability of BART’s operations and finances. The first and current Inspector General (IG) was selected by California Governor Gavin Newsom in 2019 from three candidates put forward by BART’s board. This public The Grand Jury found that from the beginning, both BART’s board and agency, management impeded the IG’s efforts to conduct independent oversight. with a $2.4 billion In addition, board members and management supported union efforts annual to limit OIG access to their members, which stymied OIG independence budget, and the confidentiality of investigations. lacks proper At a time when ridership is down due to the lingering effects of the financial structures pandemic, and BART is more dependent than ever on public funding, and independent oversight should be strengthened, not sidelined. This oversight. public agency, with a $2.4 billion annual budget, lacks proper financial structures and oversight. It has a treasurer/controller, an internal auditor, a general counsel, and an external auditor, but none of these are independent of BART’s board or management. When compared with other urban transit agencies, BART’s OIG is significantly underfunded and unable to fulfill its mission of uncovering waste, fraud, and abuse. At its current level of funding, the OIG has a backlog of urgent investigations that it does not have the resources to undertake. As one BART director stated at a recent public hearing, “Without this oversight, we don’t know what we don’t know.” Despite this, some BART directors have publicly refused to support efforts to find funding to adequately support the OIG. A textbook example of the need for independent oversight was revealed in April 2022 when the OIG found an apparent conflict of interest between a senior BART manager and a construction management firm now working on a $40 million BART contract. The BART manager, who helped 125
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CL14 Page 126write the contract, did not disclose that the construction firm employs the manager’s spouse and sibling. On its face, this is an apparent violation of state and federal guidelines that eluded BART’s internal controls for two years. With $1.5 billion in annual capital expenditures, most of it contracted to private companies, how is the public to know how many other such conflicts have gone undiscovered?
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CL15 Page 130Four years after the voters spoke, some members of BART’s board and management continue to resist the independence of the OIG mandated by voters and the legislature. There is still no charter that enshrines this independence or spells out roles and relationships within BART. 130
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CL16 Page 131Recent allegations of a previously unreported conflict-of-interest involving a $40 million construction contract demonstrates that BART management’s own internal controls aren’t performing well and makes the case for an independent OIG to review and report on BART’s financial operations. Now largely funded by the public, BART needs to step up its accountability. The OIG’s existing, arbitrary $1 million per year budget is inadequate. BART must work together with other government entities to fully fund the OIG, at least to the level of $2.7 million per year required to execute the planned audits and investigations for 2022 and 2023.
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CL17 Page 143The Grand Jury concludes that, historically, the OFD and city leaders, by not setting fire prevention as a priority, risked endangering the life and safety of Oakland citizens. The lack of attention to life-saving inspections and barriers to enforcement of fire code regulations falls on the city’s leaders. This signified a lack of due diligence in performing their duties to the residents, workers, and visitors of Oakland. The Grand Jury found that the current fire chief has instituted significant reforms and personnel changes that are moving OFD in a positive direction toward meeting its inspection requirements. The Grand Jury commends the fire chief and urges the department to continue its work to institute change that will increase fire safety in Oakland. Oakland’s leaders and agencies must explicitly state and demonstrate their commitment to focus on fire prevention by developing a plan to complete 100% of the annual required state-mandated fire inspections within the next 24 months. They must ensure that the effect is sustained year 143
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CL18 Page 144after year by annually approving the resources needed for the OFD’s FPB to complete its responsibility for state-mandated inspections.
Commendations 1
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CM1 Page 45The Grand Jury commends the hard work of those individuals within the Oakland City Clerk’s office who are responsible for the Form 700 process. The problems with the Form 700 process are the result of structural limitations, limited staffing, and inadequate interdepartmental communication.
Agency Responses 3
Government agencies' official responses to this report's findings and recommendations. Click on a response to see the structured breakdown.
No Responses Found 1
Government entities assigned to respond to this report. No response documents have been linked in our database.