San Joaquin County Grand Jury • 2020-2021

San Joaquin County Final Report

Published: August 17, 2020 210 pages Consolidated Report

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Findings 10 findings

1 None of the four Designated Lead Departments has provided a plain language website that describes their efforts in addressing and limiting the impact of homelessness, leaving many San Joaquin residents with the false impression that the County and is doing little or nothing to address homelessness.

1 One staff person is not sufficient to ensure all needs within the county are met.

1 Although many residents are interested in how homelessness is being managed, only the City of Lodi has published accomplishments in plain language on its website. This lack of readily available information makes it difficult for residents to understand what is being done to address homelessness.

San Joaquin County Public Works Department, Sheriff’s Office, Community Development Department, District Attorney’s Office, and all city departments within the county are not working collaboratively to address the illegal dumping problems.

San Joaquin County and the City of Stockton are not working together to share in the cost of illegal dumping cleanup.

Free drop-off services are underutilized because the public is unaware of most of the programs offered.

San Joaquin County and the City of Stockton do not have a robust referral system for sharing reports of illegal dumping irrespective of jurisdiction. 65

Effective cleanup incentives such as disposal vouchers, fee waivers, and recycling coupons have proven effective in reducing the likelihood of illegal dumping.

The Department has an intensive, time-consuming mission. The turmoil, as described in this report, placed additional stress on an already hard-working staff.

F10

The turmoil in the Department led to a significant and preventable expenditure of taxpayer dollars.

Recommendations 10

R1

1 By March 1, 2021, the San Joaquin Board of Supervisors develop and publish an easy-to- find, plain language website that includes a description of efforts made to address and limit the impacts of homelessness in San Joaquin County.
R2

1 By December 30, 2020, the County Board of Supervisors complete an analysis to determine if additional staff is needed for the Program Administrator for Homeless Initiatives. Cities of San Joaquin County The 2019-2020 Grand Jury reviewed the activities of the seven incorporated cities of San Joaquin County with respect to their approach to homelessness. The cities of Stockton and Lodi, unlike the other five cities in the county, are entitlement cities that work closely with the San Joaquin Community Development Department in procuring grants to assist the Homeless. Entitlement cities receive their own funding from HUD annually to combat homelessness or potential homelessness. HUD provides annual grants to entitlement cities on a formula basis, with the intent of developing viable urban communities by providing a) decent housing, b) a suitable living environment, and c) expanding economic opportunities for low- and moderate-income persons. The Cities Tracy, Manteca, Lathrop, Ripon and Escalon are not entitlement cities. These cities, along with the unincorporated portions of San Joaquin County, are collectively considered the San Joaquin Urban County, and receive funds as one entity from the Federal government for housing, economic development, and community development activities. 6.0 Entitlement Cities Stockton The City of Stockton has both the largest population in the County and the largest number of homeless individuals. Stockton’s population was 312,697 as of 7/1/19 (US Census) and is the 13th largest city in the State. According to the SJCoC, there were 921 unsheltered homeless persons counted during the Point in Time Count. Historically, the City of Stockton operated somewhat independently from the County in its approach to homelessness. In 2016, Stockton established the Mayor’s Task Force on Homelessness. In May of 2017, Stockton developed its own set of principles similar to the principles adopted by San Joaquin County. However, in more recent years, the Hygiene Stations installed by City of Stockton during COVID-19 City of Stockton is showing commitment to a collaborative approach by working collectively with the County in pursuing grants and opportunities. For example, in May of 2019, the City of Stockton formally adopted the SJCoC as the primary organization through which the County and cities work to develop solutions to 34 homelessness. Later, in September of 2019, the Stockton City Council approved a contract with Homebase, a nationally recognized expert on homelessness in the amount of $90,365. The purpose of the contract was for Homebase to assist Stockton in applying for State Homeless, Assistance and Prevention program Funds as well as preparation of the 2020 San Joaquin Strategic Plan on behalf of the San Joaquin Continuum of Care. This action represents a new approach of the City and County working together to access HUD and State funds rather than separately. The City, in collaboration with the San Joaquin Continuum of Care and San Joaquin County hosted a neighborhood summit on December 4, 2019, designed to gather community input. In a similar manner, the Stockton Police Department (Stockton PD) coordinates with other departments and agencies to address public health and safety concerns. Stockton PD works with public works and the Sheriff’s office to coordinate encampment cleanups. Stockton PD also provides the California Department of Transportation (CalTrans) with assistance to address safety of roadway issues relating to homelessness. The Stockton PD has a Strategic Community Officers Unit composed of two sergeants and twelve officers who remove unsafe and unhealthy living conditions, and work with homeless individuals daily. In 2019, the Stockton City Council allocated money for a mobile shower and wash station for unsheltered homeless. In April 2020, the City Beds at Stockton Homeless Shelter for Men installed hygiene stations in five locations to help the homeless during the COVID-19 outbreak. Additionally, Stockton used HUD funds, including Community Development Block Grant funds, to provide loans and grants for various public and private entities focused on ensuring decent, affordable housing and suitable living environments. These funds, amounting to approximately $9.8 million during the last three years provided various organizations including: • Stockton Shelter for the Homeless; • St. Mary’s Dining Hall; • Habitat for Humanity; and • Sierra Vista Project (a project which converted 67 barrack style units into 115 new, energy- efficient units, and ultimately, 215 new units). Most recently, the City of Stockton and San Joaquin County contributed funds to assist the Gospel Rescue Mission to establish a COVID-19 positive quarantine home that opened June 3, 2020. Additionally, the City is working with the Stockton Shelter for the Homeless to address solutions for permanent/longer-term arrangements. Although the City of Stockton has conducted work and activities regarding homelessness as described above, this information is not readily available. The City of Stockton website contains information about the Stockton homelessness policy but otherwise does not refer to homelessness. Lodi Lodi’s population was 67,586 as of 7/1/19 (US Census Bureau). According to the SJCoC, there were 139 unsheltered homeless counted during the Point in Time Count held during the last ten days of January 2019. The City of Lodi has long been a local leader in addressing homelessness. In an article titled “How to Deal With Homeless” (3/7/19) the Manteca Bulletin called Lodi a role model for cities across the country and stated that members of Congress and the US Department of Housing and Urban Development are pointing to Lodi as an example of success. Lodi began addressing homelessness in the autumn of 2014 when the Lodi Police Department, Salvation Army, and the Lodi Community Foundation began initial discussions around the negative impact on public health and safety that was associated with the regular occurrence of noon-time meals being offered to homeless individuals in Lawrence Park. These representatives reached out to various religious organizations and formed the Committee on Homelessness in 2014. The Lodi City Council authorized the group to continue their informal investigation and to report back to the Council. This report, titled the Homeless Solutions Report, was adopted by the City Council in September 2015. The Homeless Solutions Report was based on four public meetings regarding homelessness including one specifically held to hear from homeless individuals, as well as research and field trips to other cities to see how they managed their homelessness problem. The Homeless Solutions Report resulted in several long-term and short-term strategies that continue to guide Lodi at present. The 2015-2016 Grand Jury acknowledged in their report the work done by Lodi and included the Homeless Solutions Report as an appendix. In subsequent years, an extensive number of actions have been completed by the City of Lodi. A subset of these actions is included below: • Funded various non-profit groups including the Salvation Army Emergency Shelter, Hope Harbor Family Homeless Shelter, and Lodi House acquisition and improvements; • Added one full-time Transient Liaison Officer and one part-time Transient Liaison Officer; • Created Transient Outreach teams to focus on quality of life issues; • Involved City Attorney’s Office, who dedicates 50 to 60 hours per month to homeless citations and prosecutions; • Assisted the Committee on Homelessness in funding two work training programs to get homeless youth trained for a trade; and • Helped lead the effort to improve the accuracy of the Point in Time Count in 2019, allowing the City of Lodi to better understand the demand for homeless services and to apply for funding. These are only some of the actions the City of Lodi has undertaken. A more complete list of actions is available on the City of Lodi website under “What Has Lodi Done.” 36 Demonstrating collaboration with San Joaquin County, the City of Lodi formally adopted the SJCoC as the primary organization through which the County and cities work to develop solutions to homelessness. Lodi also agreed to help fund the San Joaquin County Program Administrator for Homeless Initiatives. The City of Lodi is represented on the SJCoC by a member from the community-based organization Committee on Homelessness. Most recently, the City of Lodi successfully applied for Homeless Emergency Assistance Program funds to fund six small homes designed to provide transitional/permanent housing. This project is a collaborative project between the City of Lodi and the Housing Authority of San Joaquin County. Six pre-manufactured, unattached homes will be built with standard amenities such as refrigerator, stove, oven, kitchen sink, and bathroom with shower. Residents will be individuals and families who are homeless or at risk of being homeless. 7.0 Non-Entitlement Cities Tracy, Manteca, Lathrop, Ripon, and Escalon are all non-entitlement cities. All five have a homelessness policy, but they vary in degree. None of the five cities offered to contribute toward funding of the Program Administrator for Homeless Initiatives, nor have they adopted San Joaquin Continuum of Care as the primary organization through which San Joaquin County and the various cities work together to develop solutions to homelessness. Tracy’s population was 94,740 as of 7/1/19 (US Census Bureau). According to the SJCoC, there were 155 unsheltered homeless counted during the January 2019 Point in Time Count. Tracy has a Homelessness Task Force made up of religious and nonprofit agencies. In April 2020, the City Council approved a Homeless Strategic Plan as a step toward creating a homeless shelter that will give people a place to go other than city streets and parks. Manteca’s population was 83,028 as of 7/1/19 (US Census Bureau). According to the SJCoC there were 218 unsheltered homeless counted during the 2019 Point in Time Count. In December 2019, the City of Manteca built a temporary warming center for the homeless individuals in the city, consisting of tents and showers. Manteca has a Homeless Task Force and has made efforts to educate businesses on current Manteca municipal codes related to homelessness. The City provides information as to what efforts are being made to combat homelessness with a brochure to advise citizens on what to do if they encounter homeless individuals. Manteca Police Department has two police officer positions interacting directly with the homeless daily, and has a representative serving on the San Joaquin Continuum of Care Board of Directors. Lathrop, Ripon, and Escalon According to the US Census Bureau, on July 1, 2019, Lathrop’s population was 24,483, Ripon’s population was 16,386, and Escalon’s population was 7,574. According to the SJCoC, there were 14 unsheltered homeless individuals in Lathrop, seven unsheltered homeless individuals in Ripon, and four unsheltered homeless individuals in Escalon during the January 2019 Point in Time Count. 37
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1 By December 30, 2020, the Cities of Stockton, Tracy, Manteca, Lathrop, Ripon, and Escalon post plain language information on their website that outlines the actions each city has taken to address homelessness.
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By November 30, 2020, create an illegal dumping task force (Task Force) that includes representatives from San Joaquin County Public Works Department, Sheriff’s Office, District Attorney’s Office, Community Development, and all cities within the County to participate in the Task Force. This Task Force meet regularly throughout the year.
R5

By December 31, 2020, the newly formed Task Force develop a plan to share costs for illegal dumping pickup throughout the County and the City of Stockton.
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By January 31, 2021, the Task Force develop and implement a county-wide educational program including billboards, buses, and bus stop shelters advertising to include information about free drop-off services.
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By January 31, 2021, the Task Force create a referral system to notify the appropriate jurisdictions of illegal dumping. This referral system include a complaint-recording data log with follow-up measures.
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By January 31, 2021, the Task Force develop a written plan to establish an equitable way to fund and issue vouchers, fee waivers, and recycling coupons.
R9

Implemented taken No further action
R10

Implemented taken No further action Escalon R1 Implemented taken No further action

Conclusions 54

CL1

San Joaquin County Continuum of Care, undated,) Shelter that Succeeds. (www.sanjoaquincoc.org
CL2

San Joaquin County Grand Jury Final Report. 2016. Homelessness in San Joaquin County: Time for Collaboration, Commitment and Communication. June 1. (https://bit.ly/38EL8QL) 40
CL3

The Record. 2020, Gospel center Rescue Mission Providing Shelter for Homeless Men Who Test Positive for COVID-19. June 3. https://bit.ly/3hlhAuA
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The Record. , 2020. More Homeless in San Joaquin Getting COVID-19 Testing. May 24. https://bit.ly/2CRpcWI
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Superior Court of California, County of San Joaquin, Homeless Court pamphlet (https://www.sjcourts.org/wp-content/uploads/HOMELESS-COURT-HANDOUT.pdf)
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U.S. Department of Housing and Urban Development (www.hud.gov) 41 Appendix A: City of Stockton Guiding Principles Homelessness San Joaquin County Board of Supervisors established a county-wide Homelessness Task Force. The Task Force includes members from state and local government, homeless service providers, and various service organizations. Five Strategic Priories for Homelessness were developed and adopted by the San Joaquin County Board of Supervisors, and the Board asked cities within the County to adopt a similar set of strategies. On May 9, 2017, the Stockton City Council adopted the following Guiding Principles and action items that will provide the framework for making decisions related to homelessness: Guiding Principle 1 Foster collaboration between private and public agencies to ensure that collection of data regarding the number and demographic makeup of the homeless population is accurate and shared among agencies engaged in homelessness prevention activities. • Provide appropriate access to agencies working with the homeless population. • Employ Department of Housing and Urban Development (HUD) best practices for accurate collection of homeless census and demographic information for input to the Homeless Management Information System (HMIS). • All emergency homeless shelters, regardless of funding source, should actively participate in the HMIS and Coordinated Entry (CE) process operated by the San Joaquin County Continuum of Care. • Point-in-Time (PIT) and HMIS data should be used to inform all County strategies and actions to address homelessness. • The San Joaquin County Continuum of Care governance structure will be refined to promote greater collaboration and representation by agencies and organizations in the region that serve the homeless population and follow both best practices and HUD guidelines. • The San Joaquin County Board of Supervisors will play an active role in the convening and functioning of the Continuum of Care by assigning a Supervisor each year. Guiding Principle 2 Work collaboratively to reduce or eliminate upfront barriers to housing. • Focus on assisting individuals and families to access and sustain permanent housing as quickly as possible. • Promote links between law enforcement and service/housing/behavioral health providers. • Seek out all available funds to enhance the “Housing First” model access to permanent housing. • All transitional housing programs are reconfigured, when possible, to rapid rehousing or permanent supportive housing. 42 • All permanent housing projects for the homeless, regardless of funding source, shall actively participate in in the HMIS and CE processes. • San Joaquin County, cities, agencies and the private sector should consider jointly funding and conducting a study on the feasibility of establishing an agency-specific or countywide Affordable Housing Trust Fund to provide financing in our region. Guiding Principle 3 Adopt unified discharge policies to prevent individuals from being discharged into homelessness • All institutions, including those of the criminal justice and foster care systems, health care, and mental health care facilities, non-profit/profit operated facilities, should adopt and implement comprehensive discharge policies that provide information on services available to avoid discharge into homelessness. • All law enforcement agencies should participate in the development of and shall adopt, a uniform Restorative Policing model to establish permanent, cooperative links with homeless service and housing providers, mental health, substance abuse, and other community experts to best address the needs of homeless individuals encountered during their enforcement of law. Guiding Principle 4 Adopt a “No Wrong Door” approach, wherein the homeless or individuals facing homelessness can receive information regarding available services regardless of which agency they contact. • Provide staff with tools and resources necessary to connect individuals with appropriate services and housing assistance. • Utilize 2-1-1 system to identify and connect individuals with appropriate service. Guiding Principle 5 Foster public/private partnerships for the development of new strategies and the enhancement of existing programs to prevent homelessness before it occurs. • Increase affordable housing in the region. • Bring more jobs to the region through ongoing economic development efforts. • Seek funding opportunities and relationships for all aspects of the City’s homeless population 43 Appendix B: San Joaquin County Policy Quality of Life – Addressing and Limiting the Impact of Homelessness in San Joaquin County As part of the 2019-2020 Final Budget adoption, the San Joaquin County Board of Supervisors established homelessness as an operational priority for all County Departments. Homelessness affects everyone, regardless of socio-economics. San Joaquin County is committed to developing and implementing solutions to this pervasive problem. Success depends upon the involvement of the entire community, a community that values responsibility and accountability. To address and limit the impacts of homelessness in San Joaquin County, the Board of Supervisors hereby identifies the following activities to become departmental priorities within existing resources: • Consistent with Constitutional limitations, exercise authority and discretion in the application of all laws enacted to protect the health, safety and welfare of all County Residents • Focus on the impacts of homelessness (e.g. services provided by the County Encampment Response Team pursuant to the County Encampment Management and Resolution Policy and Operating Procedure addressing public health and safety, crime, and blight) • Educate and communicate with residents, businesses and the homeless • Focus on outreach, intervention and prevention due to the impacts of homelessness • Collaborate with stakeholders including County departments, cities, communities, judges, courts, and non-county organizations • Focus on addressing behavioral health and substance abuse problems facing many in the homeless population • Establish crisis-response protocols for appropriate County personnel to effectively address behavioral health issues at the initial point of contact • Establish departmental metrics to measure the volume of activity and associated outcomes • Collect and share comprehensive data regarding the financial impact of homelessness on each county department, develop strategies to more effectively and efficiently address the impact of homelessness on the County. Next Steps Lead Departments The following departments shall be designated to lead this effort – Health care Services, Community Development, Sheriff’s Office, and District Attorney’s Office. Functional work units involved in this effort shall include Community Car Program, Neighborhood Deputy District Attorney Program, and Code Enforcement. 44 Measurements/Outcomes Involved departments shall establish metrics to measure services and outcomes. Metrics will include- the number of homeless residents engaged by County staff, and the number of homeless residents directed to and/or successfully connected with social services, including but not limited to, physical and mental health care, shelter, and available government benefits. Community Outreach and Collaboration • Community outreach shall occur to foster input and dialog with the public regarding homelessness and it impacts. • Assess the appropriate action for limiting the use of public property by way of reasonable time, place and manner restrictions. • Departments will develop educational materials to assist residents, businesses and the homeless. • The County will incorporate homelessness topics within existing advisory boards and appropriate forums where applicable (i.e. Farm Bureau, Planning Commission, etc.). Efforts will focus on developing strategies to address homelessness and improve the quality of life for the residents of San Joaquin County. 45 2019 - 2020 San Joaquin County Grand Jury Illegal Dumping: Talking Trash (Case No. 0519) Illegal Dumping: Talking Trash Case #0519 47 Summary Responsible citizens use trash cans for their daily trash and take larger items to recycle facilities or landfills. However, there are a large number of people in society who do not do the responsible thing. Unsightly trash on roadways, waterways, alleys, vacant lots, rural lands, and unincorporated areas results in decreased property values and can be harmful to the environment. After receiving complaints about illegal dumping throughout the county, the 2019-2020 San Joaquin County Grand Jury opened an investigation to gain insight into why this problem is so rampant. In the course of the investigation, various personnel from many different departmental offices throughout the county were interviewed. Each person interviewed acknowledged the illegal dumping problem is becoming progressively worse. Each department has specific guidelines and restrictions on where and what they are allowed to do regarding illegal trash removal. Unfortunately, departmental regulations inhibit interdepartmental coordination as evidenced by employees ignoring trash rather than picking it up while on another assignment. Collaboration and coordination amongst the departments leads to a cleaner environment. Conversely, San Joaquin County is lacking an interdepartmental approach.
CL7

City of Lodi Website “What Lodi Has Done.” https://bit.ly/2ZLlOWg
CL8

City of Stockton. 2017. Guiding Principles Adopted May 9, 2017 Addressing Homelessness. May 9(www.stocktongov.com)
CL9

Homeless Law Enforcement Assisted Diversion (LEAD) External Evaluation. 2020. Report to the California State Legislature, January 1.
CL10

Manteca City Council meeting, 2018, August 21 (https://manteca- ca.granicus.com/player/clip/491?view_id=2)
CL11

Sacramento 2018-2019 Grand Jury Final Report. 2019, Addressing Homelessness in Sacramento County; An Extraordinary Community Challenge. June 28.
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San Joaquin County Board of Supervisors. 2016., Special Meeting on Homelessness, November 16,
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San Joaquin County Board of Supervisors. 2019. Policy Statement, Quality of Life – Addressing and Limiting the Impact of Homelessness in San Joaquin County, July 16 (www.sjgov.org)
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San Joaquin County Board of Supervisors. 2019. Board Meeting, Proposed Budget 2020- 2021 presentation. June 9.
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San Joaquin County Continuum of Care. 2019., Report on the Point in Time Count of the Sheltered and Unsheltered Homeless. April 22. ( https://bit.ly/2ZJ7eyt )
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The recommendation has been implemented, with a summary regarding the implemented action.
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The recommendation has not yet been implemented, but will be implemented in the future, with a timeframe for implementation.
CL18

The recommendation requires further analysis, with an explanation and the scope and parameters of an analysis or study, and a timeframe for the matter to be prepared for discussion by the officer or head of the agency or department being investigated or reviewed, including the governing body of the public agency when applicable. This timeframe shall not exceed six months from the date of publication of the grand jury report. 95
CL19

The recommendation will not be implemented because it is not warranted or is not reasonable, with an explanation therefor. This section of the 2019-2020 Grand Jury’s Final Report contains the responses to the 2018-2019 report, as well as the follow-up to several reports from earlier Grand Juries. The findings and
CL20

If the agency’s responses were complete and comprehensible;
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If the agency would implement the recommendations within the stated deadlines; and
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If confirmation, including written documentation, interviews or site inspections, was necessary.
CL23

If the agencies’ responses were complete and comprehensible;
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If the agencies would implement the recommendations within the stated deadlines; and
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If confirmation was necessary. Confirmation could include written documentation, interviews or site inspections. Summary of Responses and Grand Jury Conclusions Respondent Rec # Response Grand Jury Conclusion Comments Conclusion SJ County Board No further action R3 Partially implemented of Supervisors taken No further action R4 Partially implemented taken 156 Respondent Rec # Response Grand Jury Conclusion Comments Conclusion No further action Stockton R1 Implemented taken No further action R2 Implemented taken No further action R5 Partially implemented taken No further action R8 Implemented taken No further action R10 Implemented taken No further action Escalon R1 Implemented taken No further action R2 Implemented taken No further action R8 Implemented taken No further action R10 Implemented taken No further action Lodi R1 Implemented taken No further action R2 Implemented taken No further action R8 Implemented taken No further action R10 Implemented taken No further action Manteca R1 Partially implemented taken No further action R2 Implemented taken No further action R8 Implemented taken No further action R10 Implemented taken No further action Ripon R1 Implemented taken 157 Respondent Rec # Response Grand Jury Conclusion Comments Conclusion No further action R2 Implemented taken No further action R8 Implemented taken No further action R10 Implemented taken No further action Tracy R1 Implemented taken No further action R2 Implemented taken No further action R8 Implemented taken No further action R10 Implemented taken No further action SJ County Sheriff R1 Implemented taken No further action R2 Implemented taken No further action R3 Implemented taken No further action R8 Implemented taken No further action R10 Implemented taken SJ County No further action R1 Implemented District Attorney taken No further action R2 Implemented taken No further action R4 Implemented taken No further action R6 Implemented taken No further action R7 Implemented taken No further action R8 Implemented taken 158 Respondent Rec # Response Grand Jury Conclusion Comments Conclusion No further action R9 Implemented taken No further action R10 Implemented taken
CL26

The French Camp McKinley Board of Directors initiate and implement the process for consolidating with another fire district;
CL27

The San Joaquin County Board of Supervisors conduct an independent review to ascertain whether French Camp McKinley Fire District is the most viable option for providing fire protection services for this important jurisdiction;
CL28

Update and follow the District’s Policy Manual in order to ensure grievances and employee complaints are appropriately resolved and firefighter’s rights are protected; and
CL29

The French Camp McKinley Board of Directors adopt and follow the San Joaquin County Best Practices for Accounting and Reporting for Locally-Governed Special Districts to ensure sound fiscal management. Although some recommendations have been resolved, others are incomplete. The following have been resolved:
CL30

The District and County declined to consolidate with another fire district; and
CL31

An internal review of FCMFD fire protection services was performed by the County Administrator’s Office. The following are incomplete:
CL32

An updated District Policy Manual covering (among other things) equipment oversight, employee testing, promotions, addressing grievances, and the annual review of the fire chief; and
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The establishment of best practices for accounting, including audits on three missing years’ finances. Method of Follow-Up Investigation The current Grand Jury reviewed the original 2018-2019 report #0518, French Camp McKinley Fire District: A District in Disarray and reviewed the mandatory responses to the findings and
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Inquire into the condition and management of public prisons within the County;
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Investigate and report on the operations, accounts and records of city and County offices, departments and their functions;
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Inquire into the allegations of willful or corrupt misconduct of public officials;
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Investigate into the activities of all school and special assessment districts within the County;
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Submit a final report of its findings and recommendations to the Presiding Judge of the Superior Court. How the Grand Jury is Organized The Presiding Judge of the Superior Court empanels 19 Grand Jurors to serve for one year, fulfilling the duties as outlined under state law. The Judge appoints a foreperson who presides over the Grand Jury. The Grand Jury elects other officers and organizes itself. The jurors meet in a weekly general session. Smaller investigative committees meet throughout the week. In addition, Jurors meet with County and city officials, visit County detention facilities, and conduct independent reviews on matters of interest or concern. Each of the working committees report to the full Grand Jury. Conclusions are reached after study and thorough discussion of the issues and they may appear as part of the Grand Jury’s final report. Desirable Attributes of a Grand Juror Grand Jury service is a volunteer position with modest monthly compensation for meetings and mileage. Members receive a wealth of experience and provide a vital service to their community. Desirable attributes include:
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Knowledge of and interest in local government and community affairs 203
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Skill in working productively with others in a group setting where respect and patience are essential
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Skill and experience in fact-finding, investigative techniques, and report writing Benefits of Being a Grand Juror The benefits of being a grand juror are many, including:
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The satisfaction and pride of doing an important job.
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The experience of being a member of a respected panel.
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Being part of a body of people with the unique authority to see local government workings not available to most County citizens.
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Being given an opportunity to make a difference in your community. Qualifications To be considered for nomination to be a grand juror, you must meet the following legal requirements:
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Be at least 18 years old;
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Be a resident of San Joaquin County for at least one year immediately prior to the beginning of your service;
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Possess intelligence, sound judgment and good character;
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Have sufficient knowledge of English language to communicate orally and in writing; You cannot be considered:
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If you are serving as a trial juror in any court in California;
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If you have been convicted of malfeasance in office or any other high crime;
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If you are serving as an elected public officer. Citizen Complaints A cornerstone of the Grand Jury process is to receive and review citizen complaints which concerned persons submit as a mechanism to expose issues within governmental agencies. Because the Grand Jury is vested with certain powers to gather information, the members are able thoroughly review and investigate issues. Through review of documents and interview of witnesses, the Grand Jury process holds a strong light up to agencies to determine whether there appear to be any inefficiencies, mismanagement, or even corruption. The Grand Jury relies to a great extent on those persons who have the courage and the determination to suggest issues which may need to be investigated. The citizen complaint is a valuable tool. The Grand Jury receives complaints regarding all levels of local government, including special districts. Complaints may include, but are not limited to, allegations of misconduct by public officials or employees and inefficiencies in local government. Any citizen may submit a 204 complaint by completing a Complaint Form. However, not all complaints are investigated. With so many issues brought before it, the Grand Jury must make difficult decisions about what investigations to undertake during their term. If the issue identified in a complaint falls within the Grand Jury’s jurisdiction, it is first assigned to a preliminary committee to determine whether the complaint has merit. After an initial review, the committee presents its findings to the entire Grand Jury with recommendations for action. The Grand Jury then votes on the matter and thoroughly investigates those that are approved. After the investigation is complete, a final report is generated which reveals the findings and any recommendations the Grand Jury has in the matter. Complaints are treated as confidential. This allows a complainant to come forward without intimidation. A complaint should be submitted to the Grand Jury only after all attempts to correct an issue have been explored. The San Joaquin County Civil Grand Jury complaint form can be found at: https://www.sjcourts.org/wp-content/uploads/GrandJuryComplaintForm2.pdf Send your completed form to: San Joaquin County Superior Court Attn: Trisa Martinez, Judicial Secretary 180 E. Weber Avenue, Suite 1114 Stockton, CA 95202 Forms also can be obtained by visiting or writing to the address above. The Grand Jury does not accept complaints via e-mail. To Learn More For more information about the San Joaquin County Civil Grand Jury visit: https://www.sjcourts.org/divisions/civil-grand-jury/#/ SAN JOAQUIN COUNTY CIVIL GRAND JURY 180 E. Weber Ave., Suite 1114 Stockton, CA 95202 205 207 208
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The 2019-2020 Grand Jury found that residents of San Joaquin County lack knowledge of and are not utilizing free resources, such as drop-off services. Residents are also unaware of reporting resources such as the “GoRequest” website. The problem is exacerbated because the public must formally open a complaint for removal of debris, and because one department’s jurisdiction cannot address dumping if it is not in their defined area. The lack of coordinated efforts among the agencies dealing with trash removal is a consistent problem that has not been fully addressed. 66 Other factors include a lack of enforcement, scarcity of staffing, a lack of surveillance methods, and not enough funding to combat this silent environmental threat in our county. Lacking preventive measures, lacking knowledge about free resources, and lacking public input and ideas from the people that are most affected by such negligence all combine to create a perfect storm resulting in a Broken Windows effect. The world just celebrated the 50th Earth Day and great attention was given for the need to better our environment. Fixing the Broken Windows and decreasing the amount of illegal dumping is an enormous challenge, but is vital in making the world a cleaner, healthier place to live. Disclaimers Grand Jury reports are based on documentary evidence and the testimony of sworn or admonished witnesses, not on conjecture or opinion. However, the Grand Jury is precluded by law from disclosing such evidence except upon the specific approval of the Presiding Judge of the Superior Court, or another judge appointed by the Presiding Judge (Penal Code Section 911. 924.1 (a) and 929). Similarly, the Grand Jury is precluded by law from disclosing the identity of witnesses except upon an order of the court for narrowly defined purposes (Penal Code Sections 924.2 and 929). Response Requirements California Penal Code Sections 933 and 933.05 require that specific responses to all findings and recommendations contained in this report be submitted to the Presiding Judge of the San Joaquin County Superior Court within 90 days of receipt of the report. San Joaquin County Board of Supervisors shall respond to all Findings and Recommendations. Stockton City Council shall respond to all Findings and Recommendations, where applicable. Mail or hand deliver a hard copy of the response to: Honorable Xapuri B. Villapudua, Presiding Judge San Joaquin County Superior Court 180 E Weber Ave, Suite 1306J Stockton, California 95202 Also, please email a copy of the response to Ms. Trisa Martinez, Staff Secretary to the Grand Jury, at https://www.sjcourts.org 67
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2019 - 2020 San Joaquin County Grand Jury San Joaquin County Office of the Public Defender: Conflict, Mistrust, Lawsuits - A Perfect Storm (Case No. 0819) San Joaquin County Office of the Public Defender: Conflict, Mistrust, Lawsuits A Perfect Storm Case #0819 69 Summary The San Joaquin County 2019-2020 Grand Jury investigated the disproportionally high number of internal complaints filed against the Office of the Public Defender. (See Figure 1.) The effect of Equal Employment Opportunity (EEO) complaints, lawsuits, attorney improprieties, questioning of leadership, and the formation of cliques, cast a cloud of distrust and created a lack of cohesiveness throughout the Public Defender’s Office, even though many allegations were not substantiated. Public Defender's Office Agricultural Commissioner Mental Health Services Community Development Services Child Support Svs Probation District Attorney Public Works FULL COUNTY Assessor Environmental Health Public Health Services Human Services Agency Sheriff San Joaquin General Hospital 0 1 2 3 4 5 Figure 1. Per capita EEO complaints from 2015-20191 (adapted from Joaquin County Human Resources Department data) Over the past five years, the Public Defender’s Office has the highest per capita EEO complaint rate in the County. Additionally, the Office is involved in EEO lawsuits that are the most expensive in recent County history. The complaints required costly external investigations. This distracted the department’s management and staff, and demanded significant attention from Human Resources (HR) and the County Administrator’s Office. In the past four years, the County spent $252,912 on 1 Average is per 100 employees. Only departments with more than 50 employees are shown. In one case, where a single employee filed 10 complaints at the same time against different people, the data have been changed to show a single complaint. Total staff for each department is based on the final budget Full Time Equivalent (FTE) count for each year. 70 outside consultants to investigate EEO complaints regarding the Public Defender’s Office. In May 2020, the Board of Supervisors partially settled a lawsuit in the amount of $2,150,000. Although insurance will pay for more than half of this, a total of approximately $2,400,000 in taxpayer dollars has been accrued2 on these issues and the end is not yet in sight. Two plaintiffs have yet to settle. Even though the Public Defender followed County HR policies, problems continued to escalate. Distrust of Management developed, and was fueled partially by, confidentiality constraints. Cliques and groups arose within the office. While some issues have subsided, factions and distrust remain. The office of the Public Defender affords indigent persons the legal right to competent and effective counsel across a broad range of criminal and civil situations. The Office represents its clients with commitment and with passion. The Grand Jury recommends San Joaquin County hire an independent consultant to conduct a thorough operational review of all aspects of the Public Defender’s Office and to make recommendations for improvement.

No Responses Found 1

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San Joaquin County County