The Fresno County*

Note: Missing finding numbers detected: F104, F105, F106, F107, F108, F109, F110, F111, F112, F113, F114, F115, F116, F117, F118, F119, F120, F121, F122, F123, F124, F125, F126, F127, F128, F129, F130, F131, F132, F133, F134, F135, F136, F137, F138, F139, F140, F141, F142, F143, F144, F145, F146, F147, F148, F149, F150, F151, F152, F153, F154, F155, F156, F157, F158, F159, F160, F161, F162, F163, F164, F165, F166, F167, F168, F169, F170, F171, F172, F173, F174, F175, F176, F177, F178, F179, F180, F181, F182, F183, F184, F185, F186, F187, F188, F189, F190, F191, F192, F193, F194, F195, F196, F197, F198, F199, F200, F207, F208, F209, F210, F211, F212, F213, F214, F215, F216, F217, F218, F219, F220, F221, F222, F223, F224, F225, F226, F227, F228, F229, F230, F231, F232, F233, F234, F235, F236, F237, F238, F239, F240, F241, F242, F243, F244, F245, F246, F247, F248, F249, F250, F251, F252, F253, F254, F255, F256, F257, F258, F259, F260, F261, F262, F263, F264, F265, F266, F267, F268, F269, F270, F271, F272, F273, F274, F275, F276, F277, F278, F279, F280, F281, F282, F283, F284, F285, F286, F287, F288, F289, F290, F291, F292, F293, F294, F295, F296, F297, F298, F299, F300, F308, F309, F310, F311, F312, F313, F314, F315, F316, F317, F318, F319, F320, F321, F322, F323, F324, F325, F326, F327, F328, F329, F330, F331, F332, F333, F334, F335, F336, F337, F338, F339, F340, F341, F342, F343, F344, F345, F346, F347, F348, F349, F350, F351, F352, F353, F354, F355, F356, F357, F358, F359, F360, F361, F362, F363, F364, F365, F366, F367, F368, F369, F370, F371, F372, F373, F374, F375, F376, F377, F378, F379, F380, F381, F382, F383, F384, F385, F386, F387, F388, F389, F390, F391, F392, F393, F394, F395, F396, F397, F398, F399, F400, F411, F412, F413, F414, F415, F416, F417, F418, F419, F420, F421, F422, F423, F424, F425, F426, F427, F428, F429, F430, F431, F432, F433, F434, F435, F436, F437, F438, F439, F440, F441, F442, F443, F444, F445, F446, F447, F448, F449, F450, F451, F452, F453, F454, F455, F456, F457, F458, F459, F460, F461, F462, F463, F464, F465, F466, F467, F468, F469, F470, F471, F472, F473, F474, F475, F476, F477, F478, F479, F480, F481, F482, F483, F484, F485, F486, F487, F488, F489, F490, F491, F492, F493, F494, F495, F496, F497, F498, F499, F500, F508, F509, F510, F511, F512, F513, F514, F515, F516, F517, F518, F519, F520, F521, F522, F523, F524, F525, F526, F527, F528, F529, F530, F531, F532, F533, F534, F535, F536, F537, F538, F539, F540, F541, F542, F543, F544, F545, F546, F547, F548, F549, F550, F551, F552, F553, F554, F555, F556, F557, F558, F559, F560, F561, F562, F563, F564, F565, F566, F567, F568, F569, F570, F571, F572, F573, F574, F575, F576, F577, F578, F579, F580, F581, F582, F583, F584, F585, F586, F587, F588, F589, F590, F591, F592, F593, F594, F595, F596, F597, F598, F599, F600, F608, F609, F610, F611, F612, F613, F614, F615, F616, F617, F618, F619, F620, F621, F622, F623, F624, F625, F626, F627, F628, F629, F630, F631, F632, F633, F634, F635, F636, F637, F638, F639, F640, F641, F642, F643, F644, F645, F646, F647, F648, F649, F650, F651, F652, F653, F654, F655, F656, F657, F658, F659, F660, F661, F662, F663, F664, F665, F666, F667, F668, F669, F670, F671, F672, F673, F674, F675, F676, F677, F678, F679, F680, F681, F682, F683, F684, F685, F686, F687, F688, F689, F690, F691, F692, F693, F694, F695, F696, F697, F698, F699, F700, F701

Conclusions 12

• CL1
  The City of Fresno adopted the "Review and Appellate Model," which prohibits the OIR from independent investigations of the Fresno Police Department.
• CL2
  The mandated 2010 annual OIR report is unconscionably late. Thus, preventing decision makers the OIR's timely and transparent observations about the overall performance of the police department.
• CL3
  The OIR Internet web page is difficult to locate.
• CL4
  Citizen's complaints made through the City Manager/OIR website are forwarded to the Fresno Police Department's Internal Affairs for investigation and not to the OIR.
• CL5
  The grand jury is impressed with the overall management and operation of the FSO vehicle maintenance program and the changes being implemented by County Fleet Services. Recent management/personnel changes are optimizing current operations, utilizing efficient business practices. The grand jury is confident there are additional cost savings to be realized.
• CL6
  The Fresno County District Attorney concluded her office could no longer provide for OIS services under the current protocol. The decision was justified by the DA as the result of many years of declining funding for her department, which caused substantial reduction in personnel. Thus she was redeploying her staff to prosecutorial efforts, which is deemed more important than OIS investigations, given limited fiscal resources. Testimony was given by county, city, and law enforcement officials that the District Attorney's office should resume investigating and reviewing OIS/ICD incidents. The District Attorney offered to restart OIS investigations when the DA's office is adequately funded, allowing for vigorous prosecutions, while giving the technical excellence required of OIS investigations and reports.
• CL7
  The grand jury reviewed the CDC 602 process at PVSP, which is required by California Code of Regulations, Title 15. PVSP is in compliance with the California Code of Regulations, Title 15. Upon completion of non-medical CDC 602 complaints, an inmate may request the grand jury to review their completed complaint. This request must include all relevant documents or the inmate's request will receive no action by the grand jury.
• CL8
  The grand jury is hopeful the CAO and BOS will find additional funds to assist the Fresno County Clerk/Registrar of Voters Office to continue conducting fair and accessible elections in the future. The threat that a lawsuit, voter invalidation and/or a costly re-election should be enough incentive to provide the resources needed to ensure that our elections remain fair, valid and a positive experience. Realistically, however, money will continue to remain tight and earmarked for many other uses. Creative solutions will need to be considered in order for most situations to be resolved. In the future, citizens will also need to take more personal responsibility to ensure they know where to vote and have the needed transportation to get to their polling place. Voters can also choose to vote at the Election's Office in downtown Fresno. Additionally, there is the option to vote by mail. In fact, 58.2% of the total votes counted for the November 2010 general election were mail-in ballots. Voters have no excuse not to vote when many practical options are available. Inconvenience is not disenfranchisement. It is the County's responsibility to conduct the election. Ultimately, it is the voter's right and responsibility to vote. Although mistakes were made, our investigations found them unintentional. However, funding and personnel reductions resulted in confusion and inconvenience. These situations must be addressed for future elections. Although there were challenges and some confusion, polling sites were chosen that met the criteria established in the California Elections Code.
• CL9
  The citizens of Fowler have been ill served by some of their locally elected and appointed officials. This is illustrated by the failure of the City Manager and City Council to exercise oversight. In addition, the management style of the former Chief discouraged communication with his staff. The grand jury investigation found police officers made arrests, filed their reports and submitted them to the Chief for his review and his submission to the DA in a timely manner. Once submitted to the Chief, most cases were kept in his locked office where they remained for many months and years until recently discovered. The majority of these cases exceeded the statute of limitations for filing. Testimony revealed the processing of the criminal cases to be submitted to the DA could have been delegated to a clerical position and did not need to be micromanaged by the Chief. The grand jury also found many of the City's written policies and procedures are vague and ambiguous. Oversight by the Mayor, City Council and City Manager is mandatory to ensure proper and efficient operations. The grand jury found their investigation was compromised when the admonition regarding confidentiality was violated and disregarded by several key witnesses. Our investigation found a total lack of concern by City leaders to ensure the well-being and safety of their community. The City Manager is charged with the ultimate responsibility to ensure he and his department heads are in compliance with job performance, policies and procedures. Our investigation led to the conclusion the City Manager did not take his responsibilities seriously. The citizens of Fowler deserve better representation and service from their elected and appointed officials. The City government must become more professional, accountable and ethical in representing their constituents.
• CL10
  The complex issues of mental health in the Jail are a mixture of fact and misperception. The misperception is that mental health diagnosis and treatment is an exact science. It is not an exact science. It is an art and a science. Qualified professionals, with good intentions, may disagree on the diagnosis and treatment. The grand jury received testimony some inmates ask for a specific name brand psychotropic medication, refusing to take the generic version or alternative when provided. Newer generations of medications are frequently more expensive and perceived to be more effective. However, medical literature states older generations of medications may be as effective. Prescribing issues are further compounded by patented medications going off patent and their generic counterpart being produced.
• CL11
  The Fresno Office of Independent Review appears to be a symbolic attempt by City leaders to demonstrate to the public that an unbiased, independent review body monitors police activities. In reality, the OIR has no authority to conduct an independent investigation; it merely reviews completed Police Department internal investigations. As a result of the decision by the DA's office to discontinue their investigation of officer- involved shootings and in-custody deaths, there is no independent oversight. In this era of budget constraints, City leaders must evaluate whether the "symbolic" value of the OIR to the community warrants its continued funding.
• CL12
  I am hopeful that this information is useful to you as well as the citizens of Fresno. Respectfully, Eddi? Eddie J. Aubrey, J.D. MAYOR ASHLEY SWEARENGIN September 15, 2011 The Honorable Gary D. Hoff Presiding Judge Fresno County Superior Court 1100 Van Ness Avenue Fresno, California 93724-0002 Re: Responses to Grand Jury Final Report #7 2010-2011 Dear Judge Hoff: We appreciate the opportunity to respond to the Grand Jury's Final Report #7 regarding the City of Fresno's Office of Independent Review. Following you will find our required response to your report. Please note that we are in receipt of your September 13, 2011 letter to the Mayor indicating that she was required to respond to the Grand Jury within 60 days. We must respectfully disagree with this interpretation of the Penal Code. Our City Attorney advises us that the Mayor's response is due within 90 days as the Mayor is not an "elected county officer" that is subject to the 60 day response. Pursuant to the Grand Jury's request, the Respondents offer the following responses to F701- F705: F701: The City of Fresno adopted the "Review and Appellate Model," which prohibits the OIR from independent investigations of the Fresno Police Department. Response: Respondents agree with this finding. F702: The OIR is not a substitute for District Attorney Investigations of officer involved shootings and in-custody deaths. Respondents agree with this finding. Response: Fresno City Hall • 2600 Fresno Street • Fresno, California 93721-3600 (559) 621-8000 • FAX (559) 621-7990 • www.fresno.gov The Honorable Gary D. Hoff September 15, 2011 Page 2 F703: The mandated 2010 annual OIR report is unconsciouably late. Thus, preventing decision makers the OIR's timely and transparent observations about the overall performance of the police department. Response: Respondents agree that the 2010 annual OIR report is late. Respondents disagree that this has prevented decision makers the OIR's timely and transparent observations about the overall performance of the police department. The OIR reported to the City Manager and met regularly with the City Manager. Thus, the decision maker of the organization was provided regular observations regarding the police department. F704: The OIR Internet web page is difficult to locate. Response: Respondents agree with this finding. F705: Citizen's complaints made through the City Manager/OIR website are forwarded to the Fresno Police Department's Internal Affairs for investigation and not to the OIR. Response: Respondents agree with this finding. Pursuant to the Grand Jury's request, the Respondents offer the following responses to R701- F704: R701: As the DA does not investigate OIS/ICD incidents; it is crucial the OIR be given the authority to conduct its own independent investigation with the power to subpoena Respondents will not implement this recommendation. The establishment Response: of the "Review and Appellate Model" of the Office of Independent Review was carefully reviewed and debated in a public forum. After extensive public input and consideration the Administration submitted and the City Council approved the formation of the Office of Independent Review in its current form. Respondents believe it is more appropriate for the DA to return to its historical practice of investigating OIS/ICD incidents. R702: Without authorization to independently investigate complaints, cease funding the OIR. Respondents will not implement this recommendation. Respondents Response: believe the Review and Appellate Model is the appropriate model for the City of Fresno. Respondents do not believe the OIR should have the authority to independently investigate complaints. Having said that, The Honorable Gary D. Hoff September 15, 2011 Page 3 funding for the OIR has been suspended for the fiscal year due to budgetary constraints. R703: If OIR remains, revise their website to allow ease of accessibility and streamline the process to obtain and file complaint forms. This recommendation has not yet been implemented but will be Response: implemented in the future. When the City's budget improves and the OIR is funded, the accessibility of the website and complaint process will be revised. R704: Publish all reports in a timely manner. This recommendation has not yet been implemented but will be Response: implemented in the future. When the City's budget improves and the OIR is funded, the City Manager will require the OIR to publish reports in a timely manner. The Fresno City Council concurs with these responses and did so by taking action at its September 15, 2011 meeting and has authorized the Council President to sign this response. We appreciate the Grand Jury's interest in the issue of the Office of Independent Review. If you have any questions, please feel free to contact Mayor Swearengin's office at 621-7900 or City Manager Mark Scott's office at 621-7770. Sincerely, Mark Scott Ashley Swearengin, Mayor Mark Scott, City Manager Lee Brand, Council President Fresno City Council . City of FRES Police Department Mariposa Mall Jerry P. Dyer P.O. Box 1271 Chief of Police Fresno, CA 93715-1271 International Lav Enforcement Accreditation June 28, 2011 Rod H. Coburn, D.D.S. Foreman Fresno County Grand Jury 1100 Van Ness Avenue Fresno, CA 93724-0002 Re: Response to Grand Jury Report Final Report #7 "Is the Office of Independent Review relevant in its current form" Dear Mr. Coburn: We appreciate the opportunity to reply to the Grand Jury's Final Report #7 2010-2011. Pursuant to Penal Code 933.05, I am responding to Findings F701- F705 and Recommendations R701-R704. F701: The City of Fresno adopted the "Review and Appellate Model," which prohibits the OIR from independent investigations of the Fresno Police Department. The "Review and Appellate Model was approved by the Fresno City Council on March 29, 2009, subsequent to a recommendation by Mayor Ashley Swearengin and myself. The concept of an Independent Police Auditor was studied and debated in Fresno for over ten years. The input, intense deliberation and study of other agencies led to the development of the model tailored for Fresno's specific needs and circumstances, ultimately adopted by council. F702: The OIR is not a substitute for District Attorney investigations of officer involved shootings and in-custody deaths. The OIR was never intended to take the place of the District Attorney in regards to the investigation of Officer Involved Shootings. In fact, I have written the District Attorney explaining the importance of their external and objective review and how vital it had been in our ability to maintain community confidence. I also pointed out that the OIR's focus has always been on the administrative aspect of the investigation; not the criminal. When the District Attorney indicated they would not respond at all, I asked that they at least consider responding to fatal Officer Involved Shootings or should there be a potential for public outcry. My request was denied. F703: The mandated 2010 annual OIR report is unconscionably late. Thus, preventing decision makers the OIR's timely and transparent observations about the overall performance of the police department. We concur that the more timely the OIR annual report is, the greater the opportunity to address systemic flaws and to enhance department performance. Professional, Effective, Timely Response to Grand Jury Report June 28, 2011 Page Two F704: The OIR Internet web page is difficult to locate. In reviewing the City of Fresno website, we were able to find the OIR's web page with little difficulty. We agree, however, that the OIR webpage would be more easily located by members of the public, if placed on the front page of the City of Fresno website; rather than through the City Manager's web page. F705: Citizen's complaints made through the City Manager/OIR website are forwarded to the Fresno Police Department's Internal Affairs for investigations and not to the OIR. It is correct that complaints made to the OIR website are forwarded to Internal Affairs; not the OIR. This information flow was intentional, since citizen complaints must be immediately sent to Internal Affairs for internal logging, investigation and tracking. Members of Internal Affairs are responsible for ensuring follow-up with the complaining party occurs. The OIR, however, maintains the ability to monitor the progress of all complaints, received through his office and otherwise. R701: As the DA does not investigate OIS/ICD incidents; it is crucial the OIR be given the authority to conduct its own independent investigation with the power to subpoena. The "Review and Appellate Model", approved by council, did not provide for independent investigation or power to subpoena. As stated previously, the concept was considered for over a decade. The numerous and varied discussions that took place over this extended period of time led to the OIR model currently in place. We believe this format is best suited for the unique needs of the City of Fresno. That said, the Mayor and City Manager have offered funding to the District Attorney to allow for future responses by her office to officer involved shooting incidents. R702: Without authorization to independently investigate complaints, cease funding the OIR. The recommendation to provide the OIR with the ability to independently investigate or cease to be funded should be considered by the Mayor, City Manager and City Council, with input from the Police Chief. R703: If OIR remains, revise their website to allow ease of accessibility and streamline the process to obtain and file complaint forms. We agree the OIR webpage would be more easily located if placed on the front page of the City of Fresno website. We are available to provide ideas for streamlining the process to obtain and file complaints. R704: Publish all reports in a timely manner. We agree that OIR reports should be published in a timely manner. Again, we thank the members of the Fresno County Grand Jury for examining this very important topic and for providing us the opportunity to respond. Respectfully submitted, JERRY P. Chief of Police County of Fresno Office of the District Attorney Elizabeth A. Egan, District Attorney August 18, 2011 Honorable Gary D. Hoff Presiding Judge Fresno County Superior Court 1100 Van Ness Avenue Fresno, CA 93721 Response to the 2010-2011 Fresno County Grand Jury Final Report #7 Re: City of Fresno - Office of Independent Review Dear Judge Hoff: On June 21, 2011, the Fresno County District Attorney's Office (DA's Office) received Grand Jury Report #7 (Report). The DA's Office does not supervise or control any aspect of the City of Fresno's Office of Independent Review (OIR) and, therefore, is limited in its ability to respond to the Report. On March 30, 2011, the DA's Office responded to the findings and recommendations that were within its supervision and control in the 2010-2011 Grand Jury Report #2 regarding officer-involved-shootings/in custody deaths (OIS/ICD) incidents in the County of Fresno. The DA's Office does appreciate the Grand Jury's interest in the independent review of OIS/ICD incidents. The DA's Office shares that interest and continues to seek the restoration of resources through the Board of Supervisors and County Administrative Office which will enable the DA's Office to once again investigate OIS/ICD incidents countywide.

Comments 9

• CO1
  Change oil, change oil filter, check oil pan plug and replace as needed
• CO2
  Change air filter upon approval (add cost for filter) Rotate tires and advise on replacement
• CO3
  Check tire pressure and add air as needed
• CO4
  Inspect brake rotors/pads and advise on replacement
• CO5
  Lube chassis, doors and hinges, and hood release cable
• CO6
  · Check brake fluid level, coolant level and add as needed, differential fluid level and add as needed, transmission fluid level and add as needed, power steering fluid and add as needed, windshield washer fluid and add as needed, and battery level and add as water as needed · Clean battery cable connections as needed
• CO7
  Inspect windshield and advise Sheriff of condition
• CO8
  Inspect windshield wipers and change if needed (add cost of wipers)
• CO9
  Inspect emergency lights and replace bulbs as needed (Sheriff to provide