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  6). Other city resident complaints concerned the close connections between the city council, police, and tow vendor which was encouraged by the tow vendor’s generous in-kind contributions to city programs and police personnel (hospitality suites and catering trucks).49, 50 41 Isais Alverado, La Opinion, “ Albert’s Towing Case”, La Opinion, 2/13/2015 Rebecca Kimitch, “El Monte tries to stop unscrupulous towing companies”, The San Gabriel Valley Tribune, 2/5/16 43 El Monte’s 2015 tow vendor was purchased by Whittier’s troubled tow vendor #2 in February 2017 44 Rebecca Kimitch, “El Monte tries to stop unscrupulous towing companies”, San Gabriel Valley Tribune, 2/5/16 45 Interview police officer San Gabriel Valley, 1/27/17 46 Interview businessman, 11/4/16 47 Interview police officer San Gabriel, 1/27/17 48 2016-2017 Los Angeles County Civil Grand Jury Report, “Impound Practices in Twelve Select Cities”, 1/1/17 49 Interview Baldwin Park businessman, 10/4/16 42 230 2016-2017 LOS ANGELES COUNTY CIVIL GRAND JURY FINAL REPORT The 2015 Brown Armstrong Accounting audit51 of Baldwin Park offered these two observations:  “A review of contracts showed no formal policy to verify that there is no conflict of interest between council or staff and contractors hired by the city…”  “City officials were not submitting campaign disclosure forms on time:…”52 Lien Vehicle Sales Abuse Lien vehicle sales can be a source of abuse. There was a well-publicized report in early 2016 of a Los Angeles County Sheriff’s (LASD) official purchasing a recovered stolen vehicle at a greatly reduced price from a tow vendor.53 This prompted the Sheriff to ban vehicle sales to Sheriff’s personnel from LASD contracted vendors. The CGJ also was told by an owner of a tow company of a city councilman shopping for a lien sale vehicle from this same tow vendor who was in the bidding process with the councilman’s city.54 E. CONFLICT OF INTEREST, CODE OF ETHICS ORDINANCES AND FINANCIAL DISCLOSURE The CGJ and HMR auditors found that most of the cities surveyed do not maintain specific policies addressing potential conflict of interest with tow vendors. Since State financial disclosure laws apply to specific designated officials, another way for cities to mitigate conflicts of interest is to adopt and enforce local policies that prohibit all city employees from using their position of influence for personal gain. Of the surveyed cities, only 2 cities, Glendale and West Covina, maintain policies regulating or prohibiting towing vendors from selling auctioned lien vehicles to city officials or city agencies. Only 5 of the 12 cities maintain policies regulating or prohibiting the city from contracting with vendors that are owned by city employees: Baldwin Park, Beverly Hills, Glendale, Glendora, and Whittier. Finally, only 1 city, Glendora, has a policy regulating or prohibiting the city from contracting with vendors who employ relatives of city officials.55 50 Interview police officer San Gabriel Valley, 1/27/17 Melissa Masatani, “Baldwin Park to hear report from auditing firm”, San Gabriel Valley Tribune, 2/1/2015 52 Ibid. Cindy Chang, “Top LA County Sheriff’s Official Bought Stolen Audi” LA Times 10/8/15 54 Interview Tow Company Owner, 12/6/16 55 HMR audit, pg. 27 51 2016-2017 LOS ANGELES COUNTY CIVIL GRAND JURY FINAL REPORT 231 HMR Exhibit 4.1: Select Conflict of Interest Policies in the Twelve Surveyed Cities Policies in Place for: City from Contracting Prohibiting City Contracts with Businesses Auctioning Vehicles with Businesses Employing City to City Officials/ Owned by City Official City Agencies Employees Relatives  Baldwin Park  Beverly Hills El Monte  Glendale   Glendora  Huntington Park Inglewood Irwindale Montebello San Fernando West Covina  Whittier  TOTAL 2 5 1 Source: City
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  (=> apartments) to R1 (=> single family residences). Mission Impossible: Meeting California’s Housing Challenge, Southern California Association of Governments (SCAG), October 2016-Foreword-Illustration2. Housing in the Los Angeles Sustainability Plan. Bloomberg Associates, August 13, 2014, p.7-8. Mission Impossible: Meeting California’s Housing Challenge, SCAG, October 2016-Foreword-Illustration2. 11 https://www.lahsa.org/homeless-count/reports 2 2016-2017 LOS ANGELES COUNTY CIVIL GRAND JURY FINAL REPORT Current Provisions for Housing in Los Angeles County The Southern California Housing Marketplace The most significant factor for the lack of sufficient housing is the lack of private investment in affordable housing.12 The majority of County housing has been provided by private, for-profit investments. The housing shortage causes the market price of housing to rise. As the market price rises, it sends a signal to investors/developers that there is an attractive profit to be made in producing more housing.13 To some extent this has happened. However, most of the new housing has targeted the highest price part of the housing market where profits are more assured.14 The market mechanism has failed to produce affordable housing in the quantity required. If the lower priced end of the housing market cannot generate competing profits in comparison to the higher priced end, the market system should not be expected to correct the affordable housing shortage. The above analysis is supported by recently published investor oriented market research.15 The expectation is that rents and, therefore, rental property valuations which are based on rental cash flows, will continue to rise in the near future. As an example, the year-to-year prices for homes has risen year-to-year by 7.9% as of February 2017.16 The current housing shortage has caused the following: high housing prices and high rents. This “pumps” more wealth from rent payers, typically the less wealthy, to investors, typically the more wealthy, in a reverse trickle-down effect. An increased housing supply would mitigate this effect. Renters would have more expendable money which they are likely to spend on other, non-housing necessities.17 And, in that spending, renters are likely to increase non-housing business revenues. Public Housing Programs Given the County’s affordable housing shortage and the inability of the private housing marketplace to correct the situation, the CGJ examined public programs intended to increase the affordable housing supply. There are an assortment of such programs. For example, the City of Los Angeles has passed Measure HHH which will sell $1.2B in bonds to finance housing for homeless prople.18 This is estimated to produce 10,000 units over a 5-year period. So called 12 www.scanph.org/node/3863 13 www.noradarealestate.com/blog/how-real-estate-markets-work/ 14 losangeles.cbslocal.com/.../socal-may-buck-trend-of-more-affordable-luxury-apartme... 15 ibid 16 http://www.latimes.com/business/la-fi-home-prices-20170321-story.html 17 Note: Lower income families, by necessity, will spend income freed from rent on other necessities. The money freed and spent will generate increased economic activity. 18 www.laweekly.com/.../la-passes-ballot-measures-to-build-transit-and-fight-homelessne... 2016-2017 LOS ANGELES COUNTY CIVIL GRAND JURY FINAL REPORT 3 “wraparound services”19 are to paid for by an increase in sales tax in Los Angeles County from passage of Measure H in March 2017.20 The County of Los Angeles has affordable housing programs, administered by the Community Development Commission/Housing Authority. Generally, the programs offer a public subsidy for housing construction which is leveraged by a developer to produce units. The selection of developers is by a competitive bidding process which is always oversubscribed.21 In return for the subsidy, the developer is required to maintain “affordable” rents on the resulting units for up to 55 years (55 years is the current requirement; earlier programs were commonly set at 30 years). The County near-term subsidy programs are basically planned to continue at about the same level as the recent past.22 While these programs are to be applauded, they have been insufficient to correct the affordable housing shortage. Loss of Affordable Housing Stock Almost every large municipality in the United States faces the situation of a persistent affordable housing shortage; there is a simultaneous loss of existing affordable housing.23 Units that were rent restricted or that had rented at affordable rates, are converted to market rate properties or redeveloped out of existence. This applies to the County of Los Angeles. The chief defense against market rate conversions is the contractual commitment, currently for 55 years, to restrict rents on subsidized affordable housing. After this period, conversions to current market rate rents may occur. Beside the increased income from raised rents there is typically a large increase in market value for converted properties. These are powerful motivations to private owners to convert.24 For redevelopments there are legal constraints that mitigate the impact to displaced residents.25 Generally, they may require that displaced people be compensated for vacating their residences. Unrepresented Housing Compression The statistics used to evaluate housing stock sufficiency leave out a common occurrence in Los Angeles County housing. People who cannot afford “normal” housing situations compress into units not designed for that purpose.26 Because this is often forbidden by regulations, official records are not kept. Therefore, the statistics under represent the actual housing need. Note: “Wraparound Services” are the set of medical and social services prescribed for treating a previously homeless person. This definition was supplied by an official of the County’s Department of Health Services during a presentation to the CGJ. 20 votersedge.org/ca/en/ballot/election/area/48/measures/measure/2959?election... Interview with Community Housing Development Commission 22 Interview with Community Housing Development Commission 23 www.latimes.com/local/california/la-me-apartments-demolished-20160402-story.html 24 Note: Some subsidized housing is owned by “mission-driven organizations” who tend to maintain low rents as a part of their “mission”. 25 https://www.hud.gov/offices/cpd/affordablehousing/library/tenadisp.pdf 26 https://planning.lacity.org/HousingInitiatives/HousingElement/Text/Ch1.pdf 4 2016-2017 LOS ANGELES COUNTY CIVIL GRAND JURY FINAL REPORT The Housing Shortage Crisis The CGJ has evidence that supports the conclusion that the affordable housing shortfall is a crisis for the County. Many authorities have pointed out that the affordable housing shortfall compromises economic performance in the County.27 A large portion of the citizens of the County are experiencing negative effects from the housing affordability crisis.28 The Homeless Housing Shortfall The homeless are at the extreme edge of the unaffordable housing spectrum with no housing at all. The universal appearance of the homeless throughout the County has motivated recent actions to deal with the issues that create homelessness and to adopt more robust corrective policies.29 The County has adopted a policy, yet to be fully implemented, of “housing first.”30 This seeks to combine permanent housing with comprehensive “wraparound services” that address the personal issues that have kept the homeless on the street. There may be a need for a parallel approach to “housing first”31 that is complementary, easier to implement, and which deals effectively with a less afflicted cohort of the homeless. Our proposal is described in the Increased Housing Supply Approaches section as “Shelter First/Housing Next.” The Logical Housing Prescription The treatment of the Los Angeles County affordable housing crisis has a simple prescription: create a sufficient supply of appropriately-priced housing. Further, in expanding housing supply, the initial focus would be on the most affordable part of the shortage, giving first aid to the most affected of County residents. Filling this simple prescription will require multiple, coordinated steps: 1. Providing funding 2. Finding sites 3. Performing planning 4. Designing affordable housing 5. Issuing permits 6. Coordinating with the community 7. Achieving construction 27 www.lao.ca.gov/reports/2015/finance/housing-costs/housing-costs.aspx! 28 Public Policy Institute of California-“Confronting Los Angeles County’s Rent and Poverty Crisis: A Call for Reinvestment in Affordable Homes”. 29 www.latimes.com/local/.../la-ol-tent-city-homelessness-crisis-updates-htmlstory.html 30 www.latimes.com/nation/la-oe-0603-lowery-homeless-utah-la-20150603-story.html 31 Note: The notion of “Housing First” as described by a County Health Official means providing housing as the first step in treating homeless people with various illnesses. The housing provided needs to be supported by subsequent health services which could not be delivered to a patient without the provision of housing. 2016-2017 LOS ANGELES COUNTY CIVIL GRAND JURY FINAL REPORT 5 8. Awarding occupancy The first and most challenging action is funding. Increasing housing supply to the need, even exploiting lower cost approaches, will be expensive. Only by accepting the afordable housing situation as a crisis can the funding be considered. Increased Housing Supply Approaches Here the CGJ addresses some specific features that would optimize the expansion of affordable housing. “Shelter First/Housing Next” Concept for the Homeless32 This idea is to provide immediate, temporary shelter for any person in need of it in the County of Los Angeles. Shelter means a place of safety and comfort that provides nutrition, secure individual storage, resting places, and access to a clean bathroom. This is similar to the role filled by the “missions” of Skid Row. But this is not to be considered a charity; it is an obligation of society to supply shelter to any person in need as required. The supply of such shelter should be sufficient to accommodate the total demand. Some residents may supply maintenance functions for a facility. This can provide a way to “pay for” their stay and help make the facility self-sustaining. Some residents might become facility “associates.” Some associates might become employees providing a step into the less supportive world. A corps of such “shelter graduates” may develop useful insights on homelessness and sympathy for the homeless that they may come to serve. Location, Location, Location Functionally, the best location for new affordable housing should be near efficient transit, close to points of employment, where available land is at “reasonable” cost, and where the existing surrounding community can be convinced to accept its presence. Near Transit Paralleling the need for more housing is the need for new levels of sustainability in housing. A key to providing sustainability through housing is decreasing dependence on personal automobiles.33 Placing the housing near a public transit terminal that is well-connected to a dense public transit system seems the best approach to not requiring personal cars. This is a well- recognized goal for sustainable housing.34 While some developments are meeting this criteria, they are not generally affordable. The CGJ believes that this concept is at least partially original to this report and, thus, represents our opinions. 33 https://en.wikipedia.org/wiki/Car-free_movement 34 Entrepreneurs have suggested that on demand dispatched autonomous electric cars could provide a similar benefit; whether this is reasonable for residents of affordable housing in the near term is questionable. 6 2016-2017 LOS ANGELES COUNTY CIVIL GRAND JURY FINAL REPORT Near Employment Being close to employment avoids long daily commutes. It saves personal time and decreases resource usage for the commute. However, the long term stability of employment at a single location, whether it is nearby or not, is doubtful. A more realistic approach is connection into a dense, efficient transit system. Mixed use developments attempt to provide combined employment and housing. The CGJ is not aware of any success achieved in mixed developments. Another popular alternative vision employs internet connectivity; work is performed in the home on a connected computer. Wider use of the “work-at-home” paradigm can be expected. All affordable housing should have quality internet access. Land Available at a Reasonable Price The following sections discuss specific strategies for dealing with the land cost issues near developed areas. Reasonable cost for available land in the County has traditionally meant remoteness from developed areas. This can destroy the ability to be well-connected. An alternative is building remote communities specifically connected by links to a central, dense transit system. A poor example of this is the Palmdale/Lancaster communities. These communities connect with downtown Los Angeles via CA Highway 14 and Metrolink trains.35 The commute can be over two hours, with much traffic and the creation of abundant GHGs.36 37 Other remote county communities are currently being proposed (e.g. the Tejon Ranch development).38 The commonly missing links in such proposals are efficient transportation to the developed areas of Los Angeles. Near Acceptance Any proposed project, including housing, near the developed parts of Los Angeles County usually arouses opposition from local residents who feel they may be negatively affected. This reaction has been somewhat derisively referred to as “Not in My Backyard” or by the acronym, “NIMBY.” These reactions may be well-founded. Developers’ exploitations of communities are not unknown. Contributions to elected officials create the appearance that development policy is shaped to benefit the contributors.39 Early Purchase and Reservation for Housing This is a possible long term approach to securing housing sites advantageously. When a transportation authority (e.g.METRO) defines a major expansion of its transport network, 35 https://www.nerdwallet.com/blog/.../worst-commutes-los-angeles-insurance-gas-time/ 36 There is a more efficient Metrolink alternative to commute by personal automobile. Transit time is still long, however. There is a more efficient Metrolink alternative to commute by personal automobile; however, transit time is long. 38 tejonranch.com/the-company/the-ranch/real-estate-development/ 39 http://www.citywatchla.com/...la.../12194-koreatown-skyscraper-another-pay-to-play-deal-a... 2016-2017 LOS ANGELES COUNTY CIVIL GRAND JURY FINAL REPORT 7 adjoining properties become more valuable.40 While this can work against siting low cost housing near an existing transit terminal, the preemptive acquisition of nearby property can reserve it for affordable housing at a lower purchase price. If the purchase is made very early with respect to the eventual transport facility development, the land may be temporarily leased for low value usage until the housing is developed.41 There are many ways of leveraging the increasing value of an acquired site to underwrite subsequent low cost housing development. As an example, some part of the site could be sold at increased market prices for development with the funds used to pay for the affordable housing in the remainder of the site. Infill Infill is the creation of increased housing density by building new housing in available spaces in previously developed areas. Targeted spaces for infill include additions on existing single family residence lots. These are referred to as Auxiliary Dwelling Units (ADUs),42 informally known as “granny flats.” There is also the conversion of larger lots to multiple single family residences lots (small lot residences).43 Infill is recognized as a valuable approach to increasing affordable housing in developed, desirable areas. However, estimates show that the quantity of potential new residences is limited.44 Infill alone cannot totally overcome the affordable housing crisis. The State of California has acted in support of ADUs, by passing a recent law making them easier to approve in communities throughout the state.45 The law says that for all cities in the State that have not adopted local ordinances about ADUs, an ADU proposal must be accepted “ministerially” by the local building department. The proposed ADU must meet all applicable building codes and there are some limits as to size. The ADU cannot be a separate residence or be sold separately from the main structures on the hosting lot. The communities of the County can exploit the ADU law in increasing affordable housing. The City of Los Angeles has proposed a “small lot” ordinance.46 If this is adopted it will permit the placement of several single family residences on what had been a single property lot. The ordinance recognizes that some standard requirements for single family residences on normal lots should be eased to enable the compactness of the resulting homes. No significant building code/safety issues may be compromised in the structures. 40 www.reconnectingamerica.org/assets/Uploads/cpatransport2.pdf 41 Note: This is similar to the real estate investment approach called “land banking”. 42 https://accessorydwellings.org/what-adus-are-and-why-people-build-them/ 43 http://la.curbed.com/2016/10/21/13361926/small-lot-subdivision-mid-city-for-sale 44 www.mckinsey.com/.../mckinsey/.../closing%20californias%20housing%20gap/mgi-c... 45 https://leginfo.legislature.ca.gov/faces/billTextClient.xhtml?bill_id... 46 planning.lacity.org/ordinances/docs/smalllot/CodeAmendment/SummarySheet.pdf 8 2016-2017 LOS ANGELES COUNTY CIVIL GRAND JURY FINAL REPORT High Density Housing developed with increased density, more units within a given footprint, decreases the per unit land costs which is key in desirable locations. Higher density also encourages efficiency both at the time of construction and in use.47 Common methods for achieving high density are well understood. Smaller units allow more units in any size structure. Multi-story structures increase density. Building code requirements for excessive parking space per unit work against higher densities.48 Achieving higher density housing requires support by the necessary infrastructure. Water, sewer, electrical power, waste management, and safety systems all have to be sized for higher density. Financial Approaches to Increased Affordable Housing There are a set of approaches to increasing affordable housing that leverage private housing financing with publicly sourced funding. Public subsidies for privately developed projects in exchange for restricted rents are one example.49 There are provisions to avoid taxes by donating to projects dedicated to affordable development.50 Another financial approach is providing publicly insured, lower interest loans and lower down payment requirements to families that cannot afford a “normal” mortgage.51 For renters, Section 8 programs provide recurring rent subsidies to qualified low income families or individuals.52 This subsidy pays the portion of rent that is over 30% of family income. These financially-based approaches have been employed for some time but have not decreased the affordable housing shortage. They could be expanded, given the necessary funding. By participating in the housing marketplace these approaches support, not control, increasing housing costs. A Section 8 rental is still rented at market rates; a lower cost mortgage still pays market rates for the property it is used to buy53. Alternative Lower Cost New Housing Approaches There are many ideas for producing lower cost housing. The CGJ has investigated several of these. The CGJ observed one approach in detail that was being built during our investigation; a container-based, multi-unit facility which is described in Appendix 1. From its investigations, the CGJ has identified four general approaches that appear to have significant advantages for new affordable housing. They are described below: 47 https://www.theguardian.com › Environment › Planning policy 48 https://www.planning.org/pas/reports/report214.htm 49 Interview with Community Housing Development Commission 50 www.treasurer.ca.gov/ctcac/program.pdf 51 https://en.wikipedia.org/wiki/FHA_insured_loan 52 https://portal.hud.gov/hudportal/HUD/.../housing_choice_voucher_program_section_8 53 https://catalog.data.gov/.../fair-market-rents-for-the-section-8-housing-assistance-pay... 2016-2017 LOS ANGELES COUNTY CIVIL GRAND JURY FINAL REPORT 9 House Parks The “house park” concept is similar to a mobile home park with a higher quality design aesthetic. It is composed of a number of small sites that provide standardized utility hook ups, an address, and access. Each site could be populated with any of several types of the housing alternatives – container-based, tiny, yurt, manufactured, mobile, even co-housing, etc. The individual sites would be complemented by a large amount of shared open space allowing the overall feel of the park to be open, not crowded. A “house park” would probably need to be sited in an undeveloped area. Density could be reasonably high. Standardized hook ups are the critical enablers for a house park. Sites in a house park could either be owned or rented, depending on agreements. Manufactured Housing (mobile homes) The modern mobile home is an outstanding example of providing a habitable structure at a low cost.54 There is a functional marketplace assuring competition in pricing and identifiable equity. The structures are certified by FHA as appropriate for loan guarantees, providing assurance of a suitable level of quality and avoiding local inspections.55 Mobile homes are factory manufactured in quantity achieving manufactured housing benefits. Because mobile homes exist in relatively large quantities, specific financing is available for them. Relatively low cost, low down, and low monthly payments for purchase are possible. Rapid delivery and low set up labor costs are also properties of mobile homes.56 A drawback for our purposes of mobiles homes are that they do not support the highest possible densities because they are not designed to be stacked. The County is large and there remain substantial open areas which are appropriate for mobile home sites. Unfortunately, these sites are away from already developed areas. Efficient transit links need to be considered as a part of the design of a new mobile home community. High Density, Multi-Family, Manufactured Housing This concept combines the high density of a multi-unit structure with the advantages of factory manufacturing. This is a good choice for siting in a developed, desirable area where per unit land cost needs to be reduced. The on-site assembly labor can be minimized at the design stage. It would be advantageous if the same design could be replicated at several sites, achieving a quantity based cost reduction at the factory. The Star Apartments complex in Los Angeles is a partial example of this.57 Affordable Housing Community Design Competition A device frequently used to elicit a variety of innovative design approaches is a competition for designs that meet certain design targets. This approach may be applied to the County’s affordable housing crisis. In this case the design target might be a complete, affordable 54 https://thehomeoutletaz.com/ 55 https://www.fha.com/fha_article?id=209 56 http://www.nolo.com/legal-encyclopedia/buying-mobile-home-instead-regular-home-pros-cons.html 57 skidrow.org/buildings/star-apartments/ 10 2016-2017 LOS ANGELES COUNTY CIVIL GRAND JURY FINAL REPORT community. A competition may provide a high benefit-to-cost ratio since outcomes are conceptual representations, not actual builds. A competition would signal the County’s advocacy for innovations targeting affordable housing. In the best cases, competitors may find their concepts realized in actual builds. Interests Opposed to Aggressive Affordable Housing Expansion What about “Not in My Backyard” situations? A significant part of the affordable housing shortage now being faced originated in “Not in My Backyard” (NIMBY) reactions. Original planning and zoning typically provided for significantly higher density development than has been achieved. Examining how this downzoning has occurred, community members raised objections to proposed planning/zoning. They specifically objected to dense, multifamily housing, These objections succeeded in reducing zoning density.58 This process has occurred in almost every community of the County.59 Housing advocates have suggested that an advertising/education campaign that identifies the housing shortage as “everybody’s problem” could be created.60 In order to rebalance the public’s concepts on housing approaches and obligations, an educational program seems appropriate. Recently, a California State law was proposed which required municipalities that fall behind housing allocations lift restrictions that are slowing housing production.61 This is an aggressive approach to affordable housing development. Another movement that has recently favored affordable housing development in the County is the decisive actions to deal with the homeless population, particularly families with children, and veterans. This public attitude may be extendable to further support for affordable housing. Current Housing Investments If a rapid affordable housing expansion occurs, housing prices could be stabilized. This could mean that prices stop rising or slightly decline. This reduces expected returns on private housing investments. Opposition can be expected from those who have made investments based on the assumption of continued price growth. Beside developers and landlords, every homeowner is affected. This is a powerful interest group who may oppose rapid affordable housing development. Anecdotally, some suggest asking if the children of current homeowners could afford to live in Los Angeles County. Invariably, the answer is “No!” This may be a basis of enlarging the scope of concerns for homeowners to encompass the greater County community.62 58 blogs.anderson.ucla.edu/.../the-real-deal-from-downzoning-to-community-plans-stalle... 59 www.laweekly.com/news/2016-the-year-of-the-nimby-7742914 60 http://www.flhousing.org/wp-content/uploads/2012/07/NIMBYism-Overcoming-Community-Opposition-to- Affordable-Housing.pdf 61 www.latimes.com/.../la-pol-ca-essential-politics-updates-california-cities-will-have-to-... SCAG Housing Summit Keynote Address 2016-2017 LOS ANGELES COUNTY CIVIL GRAND JURY FINAL REPORT 11 Misuse of California Environmental Quality Act (CEQA) It is appropriate to consider the environmental impacts of any development in the State. CEQA has been frequently misappropriated to either delay or stop developments for “Not in My Backyard” objectives.63 This misuse has been recognized by the Governor of California who has proposed a requirement to complete all CEQA actions of report issuance.64 It is unknown whether this approach is effective. Conversions to Short Term Rentals A new force in the real estate marketplace is the internet-enabled access to rentals of private housing for short terms by AIRBnB™, et al.65 Short-term rentals range from a single room to an entire house. In some cases the additional income may allow AIRBnB™ hosts to remain in housing that they could not otherwise afford.66 In other cases, the short term rental model can encourage real estate speculative activity. The short-term rental model could divert large numbers of housing stock to rental usage if it provides higher profit. Available housing would be reduced, further raising housing prices.67 To avoid hotel-like usage of housing, local ordinances have been written to restrict or forbid use of housing for short term usage. AIRBnB™ has aggressively attacked some of these ordinances in court.68 Relevant cases are in process. III METHODOLOGY Seminar: Attendance at one-day seminar, “The Cost of Not Housing”, sponsored by Southern California Association of Governments (SCAG), October 2016. Tours/Visits: American Family Housing, Midway City, CA Community Development Commission /Housing Authority Growth Point Structure, Los Angeles, CA Media: Numerous websites (see footnotes) Other pamphlets and newspaper articles (see footnotes) 63 www.planningreport.com/.../new-ceqa-study-reveals-widespread-abuse-legal-process-... 64 www.latimes.com/opinion...la‐ed‐brown‐afforadable‐housing‐20160527‐snap‐story.h... 65 https://www.airbnb.com › United States › California › Los Angeles 66 www.latimes.com/local/lanow/la-me-ln-airbnb-rentals-20160623-snap-story.html 67 realestate.usnews.com/real.../whats-causing-the-housing-shortage-in-your-hometown/ 68 www.latimes.com/.../la-fi-airbnb-lawsuit-santa-monica-20160903-snap-story.html 12 2016-2017 LOS ANGELES COUNTY CIVIL GRAND JURY FINAL REPORT IV FINDINGS 1. The affordable housing shortage is a crisis that affects all residents in the County of Los Angeles The majority of County residents are negatively affected by the current gross housing shortage. These range from the 47,000 homeless people to wage earners who must spend an unaffordable 60+% of their incomes on housing to the 1.6M people currently without suitable housing to professionals who compromise their spending priorities to work in the County of Los Angeles. 2. Existing approaches are expanding housing stock but have proven inadequate. The following approaches to creating new housing have been tried but are not adequate for correcting the County housing shortage: Private housing developments, subsidized housing developments, public housing stock, subsidized rent, and affordable unit set asides. 3. Negative repercussions from the affordable housing crisis on the County’s economy are already present and are likely to increase without corrective action.69 Talented workers, particularly the young, cannot afford to work in the County of Los Angeles. Businesses must consider worker’s wages burdened by high rents before choosing the County as a location. Some people with jobs must commute unreasonable distances to afford a residence. High housing costs created by the housing shortage are preventing the optimum economic development for the County. 4. The “housing first” paradigm may be extended and improved by adding a “shelter first/housing next” component. A commitment to humane, safe, and temporary shelter for all those who would otherwise be “homeless” can be an effective and economical precursor to the County’s praiseworthy “housing first” commitment. 5. Interests opposed to a housing supply expansion are powerful and are culturally and financially motivated.70 To correct the housing shortage, NIMBY-ism, unrestricted short term housing, real estate investors, established homeowners, etc., all must be addressed. 69 http://www.latimes.com/business/la-fi-california-growth-nation-20160927-snap-story.html 70 http://uccs.ucdavis.edu/uccs-crre-housing-policy-brief-white-paper 2016-2017 LOS ANGELES COUNTY CIVIL GRAND JURY FINAL REPORT 13 6. There are a number of alternative approaches for new housing that promise high quality at lower cost. While the CGJ has examined some of these here, there are probably many more that deserve evaluation in curing the housing shortage. An “everything is on the table” attitude would allow the best approaches to be rationally selected for replication. 7. The California Environmental Quality Act (CEQA) has been misused as a tool for NIMBY purposes. CEQA is good and necessary but can probably be improved to provide its intended purpose without some of the unintended uses it has spawned. 8. Short-term rentals are increasing the housing shortage. Without restrictions, the AIRBnB™ business model is one more way to reduce housing stock. With appropriate restrictions, it can help stressed homeowners stay in place. It would be even better if the same units were used as permanent housing infill. V RECOMMENDATIONS The 2016-2017 Los Angeles County Civil Grand Jury recommends the following: 1. The County of Los Angeles Board of Supervisors should formally declare the Los Angeles County housing shortage a crisis. 2. The City of Los Angeles Mayor and City Council, should formally declare that the Los Angeles City housing shortage is a crisis. 3. The County of Los Angeles Board of Supervisors should form a County-wide Affordable Housing Crisis Joint Powers Authority (AHCJPA) as follows: a. The AHCJPA is charged to increase the affordable housing stock in the County as rapidly as possible. b. The AHCJPA will define methods and plans to achieve 3.a. c. The AHCJPA has the authority within the participating jurisdictions to implement the measures necessary to achieve 3.a. d. The current Community Development Commission/Housing Authority is folded into the AHCJPA to provide initial staffing and apply their experience. The AHCJPA may consider launching an affordable communities design competition, encouraging the exploration of a wide variety of lower cost building approaches and arrangements including House Parks and multi-family manufactured housing. e. AHCJPA may restrict, by law, conversion of housing to short term rentals. 4. The County of Los Angeles Board of Supervisors should adopt a “shelter first/housing next” extension to “housing first” paradigm to speed eliminating street homelessness. 14 2016-2017 LOS ANGELES COUNTY CIVIL GRAND JURY FINAL REPORT 5. The City of Los Angeles Mayor and City Council should adopt a “shelter first/housing next” extension to the “housing first” paradigm to speed eliminating street homelessness. 6. The County of Los Angeles Board of Supervisors should develop a plan to educate/incentivize against “NIMBY – ism.” 7. The County of Los Angeles Board of Supervisors should consider early purchase of land around proposed transport facilities, as defined by METRO, to reserve it for affordable housing. 8. The County of Los Angeles Board of Supervisors should lobby the California State Governor and Legislature to prevent the misuse of CEQA to delay and kill projects beyond its legitimate purpose. 9. The County of Los Angeles Board of Supervisors should restrict, by law, conversion of housing to short term rentals. 10. The City of Los Angeles should restrict, by law, conversion of housing to short term rentals. VI REQUIRED RESPONSES California Penal Code Sections 933(c) and 933.05 require a written response to all recommendations contained in this report. Responses shall be made no later than ninety (90) days after the Civil Grand Jury publishes its report and files it with the Clerk of the Court. Responses shall be made in accord with Penal Code Sections 933.05 (a) and (b). All responses to the recommendations of the 2016-2017 Civil Grand Jury must be submitted on or before September 30, 2017, to: Presiding Judge Los Angeles County Superior Court Clara Shortridge Foltz Criminal Justice Center 210 West Temple Street Eleventh Floor-Room 11-506 Los Angeles, CA 90012 Responses to the recommendations above are requested from the following: Responding Agency Recommendations The County of Los Angeles Board of Supervisors 1.1, 1.3, 1.4, 1.6, 1.7, 1.8, 1.9 City of Los Angeles Mayor 1.2, 1.5, 1.10 Los Angeles City Council 1.2, 1.5, 1.10 2016-2017 LOS ANGELES COUNTY CIVIL GRAND JURY FINAL REPORT 15 VII ACRONYMS AHCJPA Affordable Housing Crisis Joint Powers Authority AIRBnB™ AIRBnB™, Inc. the company BOS County of Los Angeles Board of Supervisors CEQA California Environmental Quality Act GHGs Greenhouse Gases NIMBY “Not in My BackYard” SCAG Southern California Association of Governments TEU Twenty-Foot Equivalent Unit VIII COMMITTEE MEMBERS Douglas Benedict Chair Alice Beener Gerard Duiker Faramarz Taheri 16 2016-2017 LOS ANGELES COUNTY CIVIL GRAND JURY FINAL REPORT APPENDIX 1: SHIPPING CONTAINERS REBORN This technique for housing construction employs the use of standardized shipping containers. Invented by Malcom McLean in 1956, these are designed to withstand the harsh rigors of shipping.71 They are inherently strong and built to last. There is an excess of empty containers in Los Angeles ports. In February, 2017 there were 143.6 thousand more Twenty-Foot Equivalent Units72 imported into the Port of Los Angeles than were shipped out.73 The excess can be reused for housing construction! A patent was issued in 1987 to Phillip C. Clark for conversion of containers into habitable buildings.74 They can be adapted and assembled into quality housing structures. Potter’s Lane (see picture below), funded by American Family Housing,75 is comprised of sixteen 480 square foot units located in northern Orange County. The two story structure is built by assembling groups of modified shipping containers. The containers are modified at the Los Angeles factory of Growth Point Solutions.76 They are shipped from the factory to the build site on trucks and placed on prepared foundations by cranes. The sections are then “fastened” together, either by welding or with bolts. Specific exterior design features are added on-site to complete the build. . 71 www.containerhomeplans.org/2015/03/a-complete-history-of-the-shipping-container/ 72 Note: TEUs- international standard for measuring container-based shipping volume- (1) TEU is 20’ long by 8’ wide by 8.5’ high for 1,360 cubic feet volume. 73 https://www.portoflosangeles.org/maritime/stats.asp 74 http://boxmanstudios.com/blog/industry-knowledge/a-short-history-of-shipping-container-architecture/ 75 http://afhusa.org/ 76 http://www.growthpointstructures.com/ 2016-2017 LOS ANGELES COUNTY CIVIL GRAND JURY FINAL REPORT 17 Growth Point Solutions has quoted pricing of $185 per square foot for finished sections at their factory.77 Finished sections provide everything required including electrical, plumbing, flooring, paint, internal walls and doors, external doors, windows, etc. Because Potter’s Lane was a “first” of its kind, lower overall costs can be expected if it were replicated. On Wednesday, February 8 2017, America Family Housing (AFH) hosted the Grand Opening of Potter’s Lane. Quoting Donna Gallup, American Family Home President and CEO: “This is a model that can be replicated. It’s an innovative approach to development because the structures are manufactured off-site while site work is being done. Then the units are delivered to the site and are put together to create housing – shortening the time it would normally take to build a project. The units are designed to be very strong, sustainable, and energy efficient.”78 Another AFH official has said: “We will build wherever there is need.”79 Build completion, despite a steep, “first time” learning curve, had been accomplished on an impressively short schedule. Interview at Growth Point Structures 78 Quote and attribution used by permission. Interview at American Family Housing office. 18 2016-2017 LOS ANGELES COUNTY CIVIL GRAND JURY FINAL REPORT HIRING ISSUES IN THE CORONER’S OFFICE Joanne Saliba Chair Regi Block Sharon Muravez HIRING ISSUES IN THE CORONER’S OFFICE Too Many Bodies . . . Not Enough Staff I SUMMARY What do all of these scenes have in common? …On a Los Angeles Freeway in the pouring rain...Inside a burned-out structure...On the side of a mountain in the Angeles National Forest...In a pack-rat cluttered house. They are locations in the County of Los Angeles (the County) where a dead person was found. These are just a few of the places in the County where you will find personnel from the Operations Bureau of the Los Angeles County Department of Medical Examiner-Coroner (DMEC) conducting forensic investigations.1 When the Los Angeles County Civil Grand Jurors (CGJ) took a tour of the DMEC in January 2017, we learned about the wide-ranging, extraordinary, and comprehensive DMEC services. Our interest was especially heightened to discover that much good work is being accomplished within the confines of severe personnel shortages in the DMEC. We were curious to learn what barriers there were to keeping these, what seemed to us, essential and vital personnel positions from being filled. Was it a budgetary issue? Was it an efficiency issue? Was it bureaucratic complexity? Regrettably, especially for the hardworking personnel in the department, negative media coverage is abundant: “Coroner accidentally cremated wrong man as his family planned a funeral and viewing . . . The incident occurred as the coroner’s office is trying to reduce a major backlog in cases caused by staffing shortages. The backlog has sparked complaints from families and law enforcement officials”.2 “(T)he office (DMEC) was poised to lose its accreditation because of a backlog in the toxicology lab, staffing vacancies, and a shortage of budgeted positions.”3 1 County of Los Angeles Department of Medical Examiner-Coroner Website http://mec.lacounty.gov/wps/portal/mec/home/ http://mec.lacounty.gov/wps/portal/mec/home/ 2 Los Angeles Times, Richard Winton, October 28, 2016 http://www.latimes.com/local/lanow/ 3Los Angeles Times, Matt Hamilton, January 20, 2017 http://www.latimes.com/local/lanow/la-me-ln-coroner- appointment-20170120-story.html 2016-2017 LOS ANGELES COUNTY CIVIL GRAND JURY FINAL REPORT 19 Last year’s 2015-2016 Los Angeles County Civil Grand Jury Final Report4 studied many issues related to the DMEC, some of which made headlines: “The Los Angeles County Board of Supervisors has failed to adequately fund and staff the county coroner’s office, despite repeated warnings, and the inaction has led to a “sobering” backlog of bodies waiting for tests.”5 This year’s CGJ investigation focuses solely on personnel shortages: (1) the effect of personnel shortages, (2) the barriers and challenges to relieving the shortages, and (3) any efforts made to ameliorate shortages since last year’s CGJ Final Report. II BACKGROUND The Department of Medical Examiner-Coroner (DMEC) is mandated by law to inquire into and determine the circumstances, manner, and cause of all violent, sudden, or unusual deaths occurring within Los Angeles County, including all homicides, suicides, accidental deaths, and natural deaths where the decedent has not seen a physician prior to death.6 About 78,000 to 80,000 people die in the County each year. The coroner’s office investigates about 22,000 to 25,000 of those deaths.7 “The department conducts more than 8,500 cases (autopsies) a year.”8 The caseload continues to increase in the County due to a growing population in general and the indigent population in particular.9 The DMEC is comprised of five divisions: Administration, Operations, Forensic Laboratory, Modeling, and Continuing Medical Education. Our report focuses on staffing shortages for the largest and most diverse: the Operations Bureau and the Forensic Laboratory. The Operations Bureau is the largest segment of the DMEC, consisting of the Investigations and Decedent Services sections. It is responsible for the 24 hour-a-day, 7 day-a-week operation of the DMEC. The Operations Bureau is also responsible for disaster and community services, fleet management, and other ancillary programs within the DMEC. The Special Operations Response 4 http://grandjury.co.la.ca.us/pdf/LOSANGELESCOUNTY2015-2016CIVILGRANDJURYFINALREPORT.pdf 5 Los Angeles Daily News, Mike Reicher, April 21, 2016, “400 Bodies Await Testing at Backlogged LA County Morgue, Grand Jury Says.” http://www.dailynews.com/general-news/20160421/400-bodies-await-testing-at- backlogged-la-county-morgue-grand-jury-says 6 Department of Medical Examiner-Coroner Website http://mec.lacounty.gov/wps/portal/mec/aboutus/missionstatement 7 Los Angeles Daily News, Sarah Favot, March 11, 2016, “Outgoing LA Coroner Describes Department in Turmoil “It’s Nuts” http://www.dailynews.com/government-and-politics/20160311/outgoing-la-county-coroner-describes- department-in-turmoil-its-nuts 8 Senior Staff Member at the DMEC 9 Ibid. 20 2016-2017 LOS ANGELES COUNTY CIVIL GRAND JURY FINAL REPORT Team (SORT), which provides response in the event of any mass fatality or high explosive incident, is also under the control of the Operations Bureau.10 Deaths investigated by the Investigations Section of the Operations Bureau require dispatching a Coroner Investigator to the scene of the death regardless of the time or location. Coroner Investigators interview witnesses and emergency responders, photograph the scene, follow up on leads, collect evidence, make identifications, notify next of kin, secure valuables, and interface with law enforcement agencies. They prepare reports that are forwarded to the medical division for use in the determination of the cause and mode of death. Coroner Investigators are frequently summoned to court to provide testimony on coroner cases. Under the California State Penal Code, all Coroner Investigators are sworn peace officers.11 The Forensic Laboratory conducts a scientific investigation into the cause and manner of any sudden, suspicious, or violent deaths occurring in the County. The Laboratory performs analysis in four distinct forensic disciplines: Drug Chemistry, Analysis of Biological Specimens, Toxicology, and Trace Evidence. The CGJ has found the DMEC, through its dedicated and indefatigable staff, embodies and strives to implement the mission and vision articulated in the 2016-2021 County of Los Angeles Strategic Plan: “Establish superior services through inter-Departmental and cross-sector collaboration that measurably improves the quality of life for the people and communities of Los Angeles County. (It is) a value driven culture, characterized by extraordinary employee commitment to enrich lives through effective and caring service, and empower people through knowledge and information.”13 III METHODOLOGY The CGJ Committee members thank the people who gave their valuable time and expertise to inform this report. The committee members reviewed the County’s Civil Service Codes,14 the outside consultant Strategica, Inc.’s Report to the Board of Supervisors (BOS),15 the 2015-2016 CGJ Interim and Final Reports, news items, and websites. We interviewed senior staff members 10 Senior Staff member at the DMEC 11 Department of Medical Examiner-Coroner Website, http://mec.lacounty.gov/wps/portal/mec/home/ 12 Ibid. County of Los Angeles 2016-2021 Strategic Plan, http://www.lacounty.gov/strategic-plan-and-goals 14 County of Los Angeles Civil Service Commission Website https://www.municode.com/library/ca/los_angeles_county/codes/code_of_ordinances 15 Strategica, Inc. Report to the County of Los Angeles Board of Supervisors 12/01/2016 http://file.lacounty.gov/SDSInter/bos/bc/1007230_ReporttoCEO-FINAL11-17-16.pdf 2016-2017 LOS ANGELES COUNTY CIVIL GRAND JURY FINAL REPORT 21 of the following relevant County departments: The DMEC, the Department of Human Resources (DHR), the Civil Service Commission (CSC), and the Chief Executive Office (CEO). IV FINDINGS Personnel Shortages 1. Unfilled staff positions are fully funded.16 Unlike many County challenges, solving this problem does not rely necessarily on increasing the personnel budget of the DMEC. 2. In February 2017, the DMEC requested 56 new positions from the County. Since that time, the DMEC has been able to hire personnel to fill 26 positions. The recruitment and examination process is currently underway to fill all open positions.17 3. The DMEC is attempting to build a redundancy of employees because they typically operate with a 10% - 12% labor decrease due to personal leaves. With a small department of 220 employees in addition to the diverse, extensive, and expert-specific work, the net effect of a variable (daily) reduced permanent workforce is problematic.18 4. The DMEC has been operating without a permanent Chief Medical Examiner-Coroner for over a year.19 Effect of Personnel Shortages and Barriers/Challenges to Relieving the Shortages 5. Backlog Problems: The CGJ committee found, in discussions with County staff and in reviewing media coverage,20 lack of sufficient personnel in the DMEC creates a backlog of investigations and autopsies. This causes potential heartache for families and frustration for staff. In January 2017, when the CGJ toured the DMEC, there were in excess of 450 bodies awaiting disposition. It is the opinion of the CGJ, backlogs may be perceived by the public as the most egregious result of personnel shortages in the DMEC. 6. Hiring Issues: The County’s hiring rules and procedures are created to implement a fair and transparent process. However, Civil Service Codes21 and complicated County hiring 16 Senior staff member at DMEC 17 Ibid 18 Ibid 19 Ibid 20 Los Angeles Daily News, Mike Reicher, April 21, 2016http://www.dailynews.com/genral-news/20160421/400- bodies-await-testing-at-backlogged-la-county-morgue 21Civil Service Codes https://www.municode.com/library/ca/los_angeles_county/codes/code_of_ordinances?nodeId=TIT5PE_APX1CISE RU 22 2016-2017 LOS ANGELES COUNTY CIVIL GRAND JURY FINAL REPORT processes22 are particularly time-consuming and cumbersome for a small department of 220 people. Additionally, the hiring process can take up to 18 months. This includes formulating requirements, standards, examinations, interviews, background checks, and vetting.23 Included in this process is “Banding” which is the process whereby an applicant’s name is put in a “band” based on test scores. By County rules, the DMEC must interview and hire from the top “band” (or the banded applicants need to voluntarily withdraw) before candidates from the next “band” can be considered.24 It is the opinion of the CGJ, this is a highly restrictive and inefficient process for such specialized jobs within the DMEC. When these restrictions have caused hiring backlogs in specialty jobs in other County departments, “Alternative Banding” procedures have been instituted to fill critical shortages.25 Alternative Banding opens the levels of banding, resulting in a larger pool of candidates available for consideration. 7. Accreditation Issues: “An outside consultant’s report (Strategica, Inc.) completed in November 2016 found that the office was poised to lose its accreditation (with the National Association of Medical Examiners) because of a backlog in the toxicology lab, staffing vacancies, and a shortage of budgeted positions.”26 In part, the National Association of Medical Examiners (NAME) “promotes the highest practice of medical professional and ethical conduct; acts as a clearinghouse of relevant scientific information and administrative procedures and policy matters; and provides leadership and advocacy.”27 It is considered by many people we interviewed to be the standard-bearer of excellence and for the County to lose its accreditation would be regrettable. 8. Data Analysis: The County expressed concern for insufficient data analysis on the part of the DMEC to support the need to fill certain job vacancies.28 Historically, lack of maintaining sufficient data recognized by the County has disadvantaged the DMEC in successfully advancing its justification for more personnel. The outside consultant Strategica, Inc.’s report to the BOS did not agree with the DMEC in its assessment of how many personnel were needed.29 22 County Department of Human Resources http://hr.lacounty.gov/our-organization/ 23 Senior staff member at DMEC 24 Senior staff members at DHR and DMEC 25 Ibid. LA Times Local/LA Now, January 20, 2017, Matt Hamilton, http://www.latimes.com/local/lanow/la-me-ln- coroner-appointment-20170120-story.html 27 National Association of Medical Examiners Website https://netforum.avectra.com/eweb/StartPage.aspx?Site=NAME&WebCode=Home Senior staff member in CEO’s Office 29 Strategica Report to BOS re DMEC, December 1, 2016 “Workload Analysis of the Department of Medical Examiner-Coroner” including DMEC’s response to the recommendations in the report. http://file.lacounty.gov/SDSInter/bos/bc/1007230_ReporttoCEO-FINAL11-17-16.pdf 2016-2017 LOS ANGELES COUNTY CIVIL GRAND JURY FINAL REPORT 23 Efforts Made to Ameliorate Personnel Shortages 9. This year’s CGJ was pleased to learn that since the 2015-2016 CGJ Final Report, the BOS and the CEO have committed ongoing time and resources to help ameliorate the personnel shortages in the DMEC through the formation of a Work Group.30 10. The Work Group is comprised of staff from the DMEC, the CEO’s office, and the Department of Human Resources (DHR). Issues are reviewed in detail and solutions created where possible. Relevant staff members from other departments are brought into the Work Group when needed, i.e., Civil Service Commission and County Counsel. The Work Group has succeeded in creating an effective open dialogue between the three County departments (CEO’s Office, DHR, and the DMEC).31 Most importantly, the Work Group has the authority to solve problems and implement solutions, as issues are researched and understood.32 In discussions with staff of the three County departments, the following issues were presented to the CGJ committee members:  Due to “Surging” (the application of extensive temporary overtime) the DMEC is close to eliminating backlogs and attaining the industry standard of 90% of all investigations completed from time of autopsy.33 However, this approach has resulted in 20,000 hours of overtime in twelve months.34  A new labor resource for DMEC has been instituted using students studying for a Masters of Social Work (MSW) degree. Students from the USC School of Social Work are utilized as interns to assist indigent families in crisis and help identify available social service resources. This time-consuming but vital service releases permanent staff to perform other duties.  A nurse intern program is also being explored by the Work Group which would introduce a new discipline in the DMEC: The nurse intern would work with the investigators’ unit and the doctors’ unit to read through medical records and request reports from hospitals, etc., helping both units. This activity is also time-consuming 30 Senior staff members of DMEC, CEO Office and DHR 31 Ibid. Ibid. National Association of Medical Examiners (NAME) “Inspection & Accreditation Checklist” https://netforum.avectra.com/public/temp/ClientImages/NAME/c43b8bca-ad7b-4a40-990b-7f45283a66ab.pdf 34 Pasadena Star News, April 18, 2017 Susan Abram “LA Coroner cuts body backlog, but request for more funding rejected”, http://www.pasadenastarnews.com/government-and-politics/20170417/la-county-coroner-cuts-body- backlog-but-request-for-more-funding-rejected 24 2016-2017 LOS ANGELES COUNTY CIVIL GRAND JURY FINAL REPORT and requires certain expertise. If implemented, this nurse intern program also promises to relieve permanent staff to perform other duties.  Transitional Subsidized Employees (TSEs) from the County’s Department of Public Social Service (DPSS) are being utilized to assist in clerical work. The TSEs work for ten months and those eligible are encouraged to take the County examination for fulltime permanent employment with the DMEC. There have been some successful transitions into fulltime employment.  Due to the high media profile of the DMEC, the County established a new position of Public Information Officer (PIO) for the DMEC. The PIO will provide vital information to news organizations and the public for the myriad events occurring daily in the nation’s largest coroner’s office. 11. There have been promising developments made in relation to hiring issues. “(The Work Group) has been very helpful in facilitating . . . issues with open positions. . . (the Work Group) helped prioritize and moved the process from 18 months to six to eight months.”35 It is the opinion of the CGJ that shortening the timeframe even more would remove unnecessary delays to more quickly bring staffing to required levels. Also, the DMEC created new test criteria, reviews, job analysis, and re-designed the exam process. The following information was learned from CGJ discussions with senior staff with the DMEC, CEO’s Office, and DHR:  The number of applicants, previously capped at 400, has been increased to 1000, thereby providing a larger pool of candidates.  Applicants are advised in more detail as to what constitutes an extensive background check, thereby giving applicants the opportunity to withdraw their applications before time and effort is put into an applicant who will not pass the background check.  A PowerPoint Presentation was designed by the DMEC and is given to prospective applicants, as well as scheduled possible “ride-alongs” and tours. These efforts are established to dispel the popular and misleading impression made by “CSI TV” (Crime Scene Investigation Television Series) that many applicants have of the work. Additionally, a strength and agility test was added so as to emphasize the physical strength and dexterity needed for lifting and moving bodies. Senior staff member at the DMEC 2016-2017 LOS ANGELES COUNTY CIVIL GRAND JURY FINAL REPORT 25  Applicants can prefill applications enabling them to make submissions as soon as the job opening is posted.  Although the independent consultant’s report suggested combining different job functions to limit the need for more people, the DMEC was successful in explaining in its response to the report to the BOS, “to suggest that a criminalist could be an expert toxicologist on Mondays and Wednesdays, and then an expert microscopist and tool mark analyst on Tuesdays and Thursdays is not practical or realistic.”36  Unfortunately, the DMEC has had a “revolving door” of top people in the last few years.37 However, the DMEC just hired a new Chief of Labs who began work on April 17, 2017,38 and a national search for a permanent Chief Medical Examiner-Coroner is underway.  Each department in the County has a dedicated Human Resources Manager (HRM). Each HRM is classified based on his/her level of experience. The size of the County department determines the classification level of HRM. Currently, the DMEC, being a relatively small department by County standards, is eligible only for the lowest Level I HRM. The complexity and uniqueness of the skill set of the DMEC personnel requires hiring a HRM with more expertise and a higher level rating. 12. The current provisional accreditation for the DMEC has been extended and will be reviewed later this year.39 If positions continue to be filled and the 90% / 90 days standard continues to be met, the staff expressed hope that the DMEC will be re-certified, or at the very least, have its certification extended. 13. With the support of the Work Group, and the assistance of the CEO’s Office, the DMEC is implementing an Electronic Case Filing System (ECFS) to better gather and disseminate data. Phase I of this system is scheduled to be in place and operational by May 2017, at which time Phase II will commence. 14. In the County’s 2017-2018 proposed budget, $57,000 less than the current fiscal year is recommended for the DMEC, which is $5 million less than the DMEC requested. While the new proposed budget is not in the realm of this investigation, the CGJ is concerned that the DMEC receive sufficient funding to resolve longstanding concerns. DMEC Response to Recommendations of the Independent Contractor, Strategica, Inc. December 1, 2016 http://file.lacounty.gov/SDSInter/bos/bc/1007230_ReporttoCEO-FINAL11-17-16.pdf 37 LA Times Section Local/LA Now, January 20, 2017, Matt Hamilton 38 Senior staff member CEO’s Office 39 Senior staff member at DMEC 26 2016-2017 LOS ANGELES COUNTY CIVIL GRAND JURY FINAL REPORT V RECOMMENDATIONS 1. The BOS should commend the partners of the Work Group formed to ameliorate the myriad issues related to the DMEC. The three partners, DMEC, DHR, and the CEO, use open dialogue and effective problem-solving approaches in identifying issues. The Work Group has made significant progress in obtaining resources for the DMEC. 2. The DHR should implement “Alternative Banding” for the DMEC to fill budgeted positions. 3. The CEO should implement “Alternative Banding” for the DMEC to fill budgeted positions. 4. The DHR should decrease the timeframe of the hiring of DMEC personnel, currently at six to eight months. 5. The DHR should assign a Human Resources Manager to the DMEC with a higher classification level. VI REQUIRED RESPONSES California Penal Code Sections 933(c) and 933.05 require a written response to all recommendations contained in this report. Responses shall be made no later than ninety (90) days after the Civil Grand Jury publishes its report and files it with the Clerk of the Court. Responses shall be made in accord with Penal Code Sections 933.05 (a) and (b). All responses to the recommendations of the 2016-2017 Civil Grand Jury must be submitted on or before September 30, 2017, to: Presiding Judge Los Angeles County Superior Court Clara Shortridge Foltz Criminal Justice Center 210 West Temple Street Eleventh Floor-Room 11-506 Los Angeles, CA 90012 2016-2017 LOS ANGELES COUNTY CIVIL GRAND JURY FINAL REPORT 27