2008-2009 Final Report

Conclusions 12

• CL1 Page 49
  When reviewing the Sheriff’s handling of the complaints, the grand jury learned that the Sheriff thoroughly investigated each complaint, and correctly followed internal policies in handling inmate grievances. The grand jury found no substantial violations or proof to substantiate the complaints filed. The grand jury found that the Sheriff’s Office not only handled the complaints appropriately, but also provided exemplary service to the inmate in investigating the complaints that were filed. The grand jury concludes the Alameda County Sheriff’s Office was diligent in investigating this inmate’s complaints and finds no wrong doing in their policies or handling of grievances. RESPONSES REQUIRED: None. 49 JACK LONDON SQUARE PRODUCE MARKET DISTRICT The grand jury received a complaint from residents of a commercial building converted to residential usage located in the area of the Jack London Square Produce Market. This area is designated as a mixed-use zoning area. Mixed-use development means some combination of residential, commercial, industrial, office, institutional, or other land uses located within the same neighborhood. The complaint alleged the city of Oakland failed to enforce violations of various health codes, parking and traffic ordinances committed by the produce market vendors. The residents also complained about an inability to access their parking garage due to traffic, traffic safety issues, unsightly trash left in the area, trucks parked overnight with diesel motors running, trucks double parked unloading when curbside space was available, and pallets left piled in the street and on the sidewalks. They also pointed out not only the inconvenience caused by these practices, but also the health hazards of diesel fumes and the potential danger of emergency vehicles being denied accesses should the situation arise. The grand jury met with one of the residents and reviewed materials relating to city ordinances and laws. Members of the grand jury conducted numerous site visits to the area in question at various times of the day and night. The grand jury could find no ordinances prohibiting overnight parking of trucks in the Jack London Produce Market area nor did we observe violations of local ordinances. At no time during any site visit was the grand jury able to substantiate any of the allegations brought forth by the complainants. After investigating, the grand jury was not able to verify any of the violations. The Jack London Square District is an area undergoing transformation that includes an influx of more residential living units into a commercial mixed-use area. There are bound to be issues when more residents move into the area. Items 50 such as noise and traffic must be considered prior to moving to a mixed-use neighborhood. The grand jury believes it is the resident’s responsibility to fully understand that a mixed-use area is vastly different than a residential area, and noise and traffic issues will exist. Although the grand jury was unable to substantiate the complaints received, we believe it would be beneficial for the produce market vendors to work cooperatively with their residential neighbors in order to better co-exist in this changing environment. Hopefully, this will promote communication between both entities and lead to better problem- solving in the future. RESPONSES REQUIRED: None. 51 EAST BAY REGIONAL PARK DISTRICT POLICE DEPARTMENT WEBSITE The grand jury investigated the citizen complaint procedure for the East Bay Regional Park District (EBRPD) Police Department. Every law enforcement agency in the state of California is required to have a procedure to investigate complaints made by members of the public against the personnel of the agency (Penal Code section 832.5). A citizen had submitted to the grand jury a complaint against the EBRPD police indicating difficulty in the process of filing a complaint with the department. The grand jury reviewed the EBRPD’s website, www.ebparks.org. None of the website’s links described the procedure for citizens to file complaints against EBRPD Police personnel. There were links to “Contact the Police Department,” “Report an Emergency,” and “Report an Incident.” However, none of these links discussed citizen complaints. Finally, there were no questions pertaining to citizen complaint procedures in the “Frequently Asked Questions” link. The grand jury requested the EBRP Chief of Police provide an explanation of the citizen complaint procedure of how a citizen should file a complaint against police personnel. The chief responded to the request and provided pertinent documents relating to citizen complaint procedures. He confirmed that complaint forms are not available online. He noted the EBRP website invites the public to contact him directly with any concerns. The EBRP Police Department does not have a citizen complaint procedure available on line. The grand jury believes that a citizen with a complaint about police personnel would appreciate being able to make a complaint on line. 52
• CL2 Page 22
  The grand jury recommends that the city of Oakland adopt more stringent accounting requirements for travel expenses. Our examination revealed that when city employees spend their own money and file a claim for reimbursement, Oakland’s financial controls perform well. However, when city issued credit cards are used, controls are essentially non-existent, allowing city employees to upgrade their airline seating; upgrade their rental car; and to pay for meals charged to room service or in a restaurant and also claim the per diem food allowance. An example of better financial controls includes having a traveling employee’s department pay for as much of the cost as possible in advance, including seminar fees, hotel, airfare, and rental car. Costs incurred by the employee during travel 22
• CL3 Page 23
  or attending the seminar should be paid for by the employee, and if in compliance with existing city policy, reimbursed by the city on the employee’s return. In addition, existing policies should be strictly followed and require city employees to obtain the discounted government rate/lowest cost for airfare, car rental and hotel. The employee, not the city, should pay for costs in excess of those rates. For example, if the mayor travels out of state to attend the U.S. Conference of Mayors and chooses to stay in a suite at a five star hotel, the mayor should pay for the portion of the room charge in excess of the standard government rate offered by the hotel for a single room, or the group rate for a similar room obtained by the conference at the hotel, whichever is less. The grand jury was encouraged to learn that in 2008 the city had greatly restricted the number of credit cards issued to employees. However, the grand jury recommends eliminating issuing credit cards to city employees altogether. In the event the city deems it necessary to issue credit cards for certain essential uses, the grand jury recommends those cards be restricted only to the essential use. The credibility of city government becomes questionable when expenses are not carefully scrutinized. The grand jury recommends the city of Oakland be diligent in formalizing a new travel policy and that all city employees reduce travel costs in today’s economy. The grand jury believes the city of Oakland must practice good government at all times, not just during bad economic times. 23
• CL4 Page 32
  The grand jury believes individually controlled Pay-Go accounts represent bad public policy. These types of accounts perpetuate parochialism and are subject to abuse. In the face of widespread financial problems and massive budget deficits, the grand jury believes the city council and mayor should eliminate individual Pay-Go accounts. Doing so would be a small step in assuring Oakland residents that the city council is interested in operating a responsible, efficient government that takes extreme care of the tax dollars it is entrusted with spending. The grand jury recognizes the benefits of having an account in the capital projects budget that accomplishes the same purpose as the current system. The grand jury encourages the maintenance of such an account so long as it is not controlled by individual city council members and instead functions as one citywide account. 32
• CL5 Page 38
  Truancy is a systemic problem that affects multiple disciplines – health, economic, social services, judicial, as well as educational systems. Each group within a community needs to work cooperatively with one another. The grand jury believes other school districts in the county should be examined by future grand juries to determine the ways in which they deal with truancy issues. Those investigations should examine whether schools that have high academic performance and low truancy and drop out rates have anti-truancy programs in place that could be utilized by school districts throughout the county. Both OUSD and HUSD have multi-level programs in place that work within their local communities. The grand jury found these programs beneficial and encourages the continued cooperative efforts with all agencies involved. With greater emphasis placed on combating truancy, we will be able to take steps to solve some of the problems of today’s youth by simply making certain they attend class and graduate from high school. In 2007, OUSD reported a drop out rate of 36%. The grand jury believes chronic truancy not only contributes to high drop 38
• CL6 Page 39
  out rates, but other academic problems as well. We encourage future grand juries to continue in the monitoring of outreach programs within the communities to combat truancy in today’s schools. RESPONSES REQUIRED: None. 39
• CL7 Page 40
  HEALTH AND SOCIAL INEQUITY IN ALAMEDA COUNTY INTRODUCTION The Health Committee of the grand jury is charged with monitoring and investigating public health issues of Alameda County citizens. This year’s grand jury received no specific health related complaints. The grand jury monitored the financial situation of the Alameda County Medical Center and reviewed periodic financial updates. Considering the poor financial health of the state, we suggest future grand juries continue monitoring the Medical Center. This year’s Health Committee focused its attention on air quality issues around schools involving bus and truck engine idling. During the course of our investigation, we learned of a report entitled, “The Alameda County Life & Death From Unnatural Causes – Health and Social Inequity in Alameda County.” The result of our investigation into these issues follows. INVESTIGATION The 2008-2009 grand jury began investigating truck and bus engine idling due to concerns about air quality around schools. California Administrative Code, Title 13, Section 2480 requires, in part, the following: The Airborne Toxic Control Measure (ATCM) requires a driver of a school bus or vehicle, transit bus, or other commercial vehicle to manually turn off the bus or vehicle upon arriving at a school and to restart no more than 30 seconds before departing. A driver of a transit bus or other commercial vehicle is prohibited from idling more than five minutes at each stop within 100 feet of a school. Idling for necessary health, safety, or operational concerns is exempt from these restrictions. The grand jury’s investigation also included idling concerns involving the Port of Oakland. 40
• CL8 Page 41
  The grand jury requested information from the Alameda-Contra Costa Transit District (AC Transit), the Port of Oakland, and from the Oakland Unified School District (OUSD) regarding enforcement of the existing no-idling laws. Responses were received from all three entities. Oakland Unified School District OUSD reported that the school district has no monitoring program in place to ensure compliance with state regulations regarding idling either for its own vehicles or those operated by others. The district noted it has only five diesel trucks that idle and some of those are refrigerated trucks that cannot stop idling or it will cause a loss of the refrigerated products the truck is carrying. Port of Oakland The Port of Oakland pointed out there are no schools in the area of the Port and that the idling statute does not apply to the Port. However, the Port of Oakland included in their response additional information regarding their efforts in improving air quality around the Port, including their participation in community air quality programs such as the West Oakland Environmental Indicators Project, the West Oakland Toxics Reduction Program, and Ditching Dirty Diesels. Most recently, in 2008 the Port of Oakland adopted a Maritime Air Quality Policy Statement, “which sets a goal of an 85% reduction from 2005 to 2020 in neighboring community cancer health risks related to exposure to diesel particulate matter emissions from the Port’s maritime operations.” Furthermore, the Port of Oakland plans to implement feasible emissions reduction measures in advance of regulatory deadlines to reduce the duration of people’s exposure to emissions. The Port of Oakland has taken a proactive stand in addressing air quality issues. 41
• CL9 Page 42
  AC Transit The grand jury learned that AC Transit has written policies in place regarding bus idling, and enforces those policies with “Transportation Supervisors.” These supervisors are responsible for updating policies and for ensuring compliance with the no-idling laws. The grand jury reviewed AC Transit’s no-idling policy, based on the Airborne Toxic Control Measure (ATCM), which requires a bus engine to be turned off upon arrival at a school and to restart the bus no more than 30 seconds before departure. Policy prohibits transit bus drivers from idling bus engines more than five minutes at any time. However, the grand jury learned that AC Transit enforces a stricter regulation prohibiting the idling of any engine at any location for more than three minutes. For the first violation, according to ATCM regulations, drivers are subject to a minimum civil penalty of $100 and criminal penalties to the maximum extent provided by law. For subsequent violations the fines increase. The grand jury learned that since 2006, AC Transit has disciplined approximately thirty (30) operators for violations of the district’s policy against idling at schools. Reprimands varied from verbal and written counseling to suspension letters. The grand jury was pleased to find AC Transit taking enforcement action and complying with the no-idling laws. HEALTH INEQUITY REPORT During the course of this investigation, the grand jury learned of the “Alameda County Life & Death From Unnatural Causes – Health and Social Inequity in Alameda County” report1 (Inequity Report). This federally funded report was written by the Alameda County Public Health Department and was a collaborative effort with other local agencies, including the East Bay Housing 1 This report is available on-line at: www.acphd.org/AXBYCZ/Admin/DataReports/00_2008_full_report.pdf 42
• CL10 Page 43
  Organization, Oakland Unified School District, Just Cause Oakland, Transportation and Land Use Coalition, Alameda Health Consortium, Urban Strategies Council and the Public Health Law and Policy, to name a few. The grand jury found this report highly informative in addressing concerns about health and air quality for the citizens of Alameda County. The grand jury looked into how the information contained in the report was being used by local officials within Alameda County. The grand jury met with the director of the Alameda County Health Care Services Agency and the director and staff members of Alameda County’s Public Health Department. Detailed background information and documentation was also provided to the grand jury. Among the topics outlined, the inequity report identified certain high-risk areas of Oakland that contained significant disparities in longevity. (These statistics did not include death from AIDS or violent crime). The report also contained information on health disparities found in Alameda County by neighborhood, income level and race/ethnicity; illustrated the links between these disparities and existing economic and social inequities; and suggested goals and cross- sectoral policies that can lessen the inequities in Alameda County. The report specifically addressed such issues as housing, transportation, food access and liquor stores, neighborhood conditions, criminal justice, access to health care, air quality, and social relationships and community capacity. The grand jury specifically assessed how this report is being used by Alameda County and the city of Oakland. We found that the county was engaged in multiple efforts involving different county departments as well as community- based organizations and non-profits to address the disparities highlighted in the report. For example, we learned of efforts to create a health initiative, entitled “Health is Not Just Health Care.” With participation of the mayors, city councils, community leaders and the board of education and superintendents, the county is examining opportunities to implement “upstream” strategies in health equality. 43
• CL11 Page 44
  Communities within the county will formulate specific strategies for reducing health disparities. Another effort found that depression was 40% higher in one part of the county. In partnership with schools, Measure A funding was used to start a comprehensive planning process called the Tri-Valley Adolescent Health Initiative. Another county program, “Place Matters,” is a national initiative of the Joint Center for Political and Economic Studies, Health Policy Institute, designed to improve the health of participating communities by addressing social conditions that lead to poor health. The mission and goals of the Alameda County Place Matters team are to promote a more equitable distribution of social goods by influencing policies in affordable housing, economic development, education, land use and transportation. Health officials emphasized that healthcare does not include just medical treatment, but creating healthy environments and being proactive rather that reactive in dealing with healthcare issues. All communities have the responsibility to do more to create healthy environments for residents. This includes providing a better quality of life, safer communities, cleaner streets and air, better education and better access to health care for all, regardless of socioeconomic levels. Many times agencies from different jurisdictions and occasionally even agencies from the same jurisdiction compartmentalize how they respond to these issues. The Inequity Report documents a number of areas in which departments of the county or in cities not traditionally involved in public health could team up with health officials to help eliminate some of the inequities exposed in the report. According to the report, Oakland is the city with the two largest identified areas of inequities within Alameda County. The grand jury learned that the report had been formally delivered to the Oakland City Council’s Joint Education Partnership Committee on March 10, 2009. Individual responses from elected Oakland city officials were mixed. Some elected officials pointed out that 44
• CL12 Page 45
  Alameda County had jurisdiction over public health while others felt the report provided data to make informed decisions. The grand jury also takes issue with the views expressed by the Oakland elected official whose only response to the report was in essence that health care is not a city responsibility. To the contrary, the grand jury believes that public health responsibilities should be shared with cities particularly when cities can take action to create healthy environments for residents, such as limiting the number of liquor stores or enforcing neighborhood blight ordinances. While this grand jury cannot determine how the city of Oakland ultimately will react to the Inequity Report, we expect that as Oakland conducts a full review of the report, every city department will review it closely to determine in what fashion it can take a positive, proactive approach to helping eliminate the identified inequities.

No Responses Found 1

Government entities assigned to respond to this report. No response documents have been linked in our database.