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Extracted from Consolidated Report

This investigation was originally published as part of a larger consolidated report containing multiple investigations. View the consolidated PDF for the complete document.

Orange County Grand Jury • 2015-2016

Office of Independent Review: What’s Next? recommendation #2 in the Ippec report suggested adding an outside,

Published: June 28, 2016 72 pages Consolidated Report
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Findings and Recommendations 11 findings

F1
By changing the employment relationship for the revised OIR’s Executive Director and professional staff from independent contractor to County employee, the Board of Supervisors appears to have made the 2015 version of the Office of Independent Review less independent of the Board and more vulnerable to the Board exerting politically- motivated influence on the five covered agencies and/or their leadership through the OIR.
Related Recommendations (2)
R1
The Board of Supervisors should: (1) request the Special Counsel to provide a comparative analysis between using employees or independent contractors to staff the OIR, with particular emphasis on the potential vulnerability of the OIR to politically-motivated influence, and to provide recommendations, should the County use employed staff, for limiting the vulnerability of the OIR to such influence and (2) based on such analysis, consider either amending the 2015 OIR ordinance to ensure the Executive Director and all professional staff are independent contractors or, implement recommendations of the Special Counsel with respect to limiting the vulnerability of the OIR to political influence, all to be completed by December 31, 2016. (F1)
R3
The Board of Supervisors should direct the new OIR Executive Director to consider other models for independent oversight of law enforcement, in addition to the three presented to them by Special Counsel, and make recommendations to the Board as to any elements from such models that could augment the model chosen by the Board and that would be useful and necessary to implement an efficient and effective OIR, all to be completed of the Executive Director being hired. Among other concerns, the OIR Executive Director should consider whether and how the OIR, as currently designed, can meet the Board’s desire for the OIR to engage in independent investigations and recommend specific elements that could be integrated into the model chosen by the Board, including explicit authority, budget, and staffing provisions, to support the Board’s desire for independent OIR investigations. (F1, F2, F3, F4, F5, F6, F7)
F2
Some members of the Board of Supervisors were dissatisfied with the OIR’s performance from 2008-2015. Some of the dissatisfaction appeared to be the result of a mismatch between Supervisors’ expectations and the OIR mandate as described in the 2008 OIR ordinance and the OIR Executive Director’s contract.
Related Recommendations (1)
R3
The Board of Supervisors should direct the new OIR Executive Director to consider other models for independent oversight of law enforcement, in addition to the three presented to them by Special Counsel, and make recommendations to the Board as to any elements from such models that could augment the model chosen by the Board and that would be useful and necessary to implement an efficient and effective OIR, all to be completed of the Executive Director being hired. Among other concerns, the OIR Executive Director should consider whether and how the OIR, as currently designed, can meet the Board’s desire for the OIR to engage in independent investigations and recommend specific elements that could be integrated into the model chosen by the Board, including explicit authority, budget, and staffing provisions, to support the Board’s desire for independent OIR investigations. (F1, F2, F3, F4, F5, F6, F7)
F3
Although the 2015 OIR ordinance calls for the OIR to “conduct substantive systemic audits and reviews,” there is no explicit provision of authority or resources for the OIR to conduct them independently, a recurring supervisorial expectation. Without the authority or resources to conduct its own independent audit investigations, the 2015 version of the OIR would have to act only as reviewer of audits and reviews performed by Performance Audit, and/or Internal Audit, and/or the agencies themselves.
Related Recommendations (1)
R3
The Board of Supervisors should direct the new OIR Executive Director to consider other models for independent oversight of law enforcement, in addition to the three presented to them by Special Counsel, and make recommendations to the Board as to any elements from such models that could augment the model chosen by the Board and that would be useful and necessary to implement an efficient and effective OIR, all to be completed of the Executive Director being hired. Among other concerns, the OIR Executive Director should consider whether and how the OIR, as currently designed, can meet the Board’s desire for the OIR to engage in independent investigations and recommend specific elements that could be integrated into the model chosen by the Board, including explicit authority, budget, and staffing provisions, to support the Board’s desire for independent OIR investigations. (F1, F2, F3, F4, F5, F6, F7)
F4
The OIR could easily cost upwards of $3 million/year due to expansion to five agencies plus jail monitors.
Related Recommendations (5)
R2
The Board of Supervisors should direct the new OIR Executive Director to provide the Board, within three months of the Executive Director being hired, with a plan, budget, and measureable performance outcomes for launching and operating the new OIR. The measurable performance outcomes should be traceable to the responsibilities defined in the 2015 OIR ordinance. (F4, F5, F6, F7, F9, F10, F11)
R3
The Board of Supervisors should direct the new OIR Executive Director to consider other models for independent oversight of law enforcement, in addition to the three presented to them by Special Counsel, and make recommendations to the Board as to any elements from such models that could augment the model chosen by the Board and that would be useful and necessary to implement an efficient and effective OIR, all to be completed of the Executive Director being hired. Among other concerns, the OIR Executive Director should consider whether and how the OIR, as currently designed, can meet the Board’s desire for the OIR to engage in independent investigations and recommend specific elements that could be integrated into the model chosen by the Board, including explicit authority, budget, and staffing provisions, to support the Board’s desire for independent OIR investigations. (F1, F2, F3, F4, F5, F6, F7)
R4
The Board of Supervisors should implement the 2015 ordinance in phases, one agency at a time, with incremental process improvements after each phase. (F4, F5, F6)
R5
As a pilot project, the Board of Supervisors should direct the new OIR Executive Director to staff, within one year of the hiring of the Executive Director, at least one well-defined, short-term, closed-end review or audit with a skilled independent contractor acting as a short-term consultant or “special counsel.” The Board should direct the OIR Executive Director to provide a written report to the Board, three months after the review or audit is completed, comparing the cost and effectiveness of using a short-term special counsel with deep subject matter expertise, versus the cost and effectiveness of using and maintaining permanent staff. (F4, F5, F6)
R6
The Board of Supervisors should direct the OIR Executive Director to work with each of the five agencies to negotiate specific, and possibly narrow, initial scopes for OIR involvement with each agency, all to be completed within three months of the Executive Director being hired. (F4, F5, F6, F7, F8, F9, F10, F11)
F5
It will be a challenge to find and retain a permanent staff with the qualifications and sufficient subject matter expertise to identify best practices and to review the broad range of services provided by the five agencies identified in the 2015 ordinance.
Related Recommendations (5)
R2
The Board of Supervisors should direct the new OIR Executive Director to provide the Board, within three months of the Executive Director being hired, with a plan, budget, and measureable performance outcomes for launching and operating the new OIR. The measurable performance outcomes should be traceable to the responsibilities defined in the 2015 OIR ordinance. (F4, F5, F6, F7, F9, F10, F11)
R3
The Board of Supervisors should direct the new OIR Executive Director to consider other models for independent oversight of law enforcement, in addition to the three presented to them by Special Counsel, and make recommendations to the Board as to any elements from such models that could augment the model chosen by the Board and that would be useful and necessary to implement an efficient and effective OIR, all to be completed of the Executive Director being hired. Among other concerns, the OIR Executive Director should consider whether and how the OIR, as currently designed, can meet the Board’s desire for the OIR to engage in independent investigations and recommend specific elements that could be integrated into the model chosen by the Board, including explicit authority, budget, and staffing provisions, to support the Board’s desire for independent OIR investigations. (F1, F2, F3, F4, F5, F6, F7)
R4
The Board of Supervisors should implement the 2015 ordinance in phases, one agency at a time, with incremental process improvements after each phase. (F4, F5, F6)
R5
As a pilot project, the Board of Supervisors should direct the new OIR Executive Director to staff, within one year of the hiring of the Executive Director, at least one well-defined, short-term, closed-end review or audit with a skilled independent contractor acting as a short-term consultant or “special counsel.” The Board should direct the OIR Executive Director to provide a written report to the Board, three months after the review or audit is completed, comparing the cost and effectiveness of using a short-term special counsel with deep subject matter expertise, versus the cost and effectiveness of using and maintaining permanent staff. (F4, F5, F6)
R6
The Board of Supervisors should direct the OIR Executive Director to work with each of the five agencies to negotiate specific, and possibly narrow, initial scopes for OIR involvement with each agency, all to be completed within three months of the Executive Director being hired. (F4, F5, F6, F7, F8, F9, F10, F11)
F6
The increase in OIR purview from the 2008 ordinance to the 2015 amended ordinance, from just the OCSD to the OCSD plus four other agencies, is so large in the breadth of services offered by the five agencies, the number of County employees covered, and the number of OIR staff to be hired, that a phased implementation will be required.
Related Recommendations (5)
R2
The Board of Supervisors should direct the new OIR Executive Director to provide the Board, within three months of the Executive Director being hired, with a plan, budget, and measureable performance outcomes for launching and operating the new OIR. The measurable performance outcomes should be traceable to the responsibilities defined in the 2015 OIR ordinance. (F4, F5, F6, F7, F9, F10, F11)
R3
The Board of Supervisors should direct the new OIR Executive Director to consider other models for independent oversight of law enforcement, in addition to the three presented to them by Special Counsel, and make recommendations to the Board as to any elements from such models that could augment the model chosen by the Board and that would be useful and necessary to implement an efficient and effective OIR, all to be completed of the Executive Director being hired. Among other concerns, the OIR Executive Director should consider whether and how the OIR, as currently designed, can meet the Board’s desire for the OIR to engage in independent investigations and recommend specific elements that could be integrated into the model chosen by the Board, including explicit authority, budget, and staffing provisions, to support the Board’s desire for independent OIR investigations. (F1, F2, F3, F4, F5, F6, F7)
R4
The Board of Supervisors should implement the 2015 ordinance in phases, one agency at a time, with incremental process improvements after each phase. (F4, F5, F6)
R5
As a pilot project, the Board of Supervisors should direct the new OIR Executive Director to staff, within one year of the hiring of the Executive Director, at least one well-defined, short-term, closed-end review or audit with a skilled independent contractor acting as a short-term consultant or “special counsel.” The Board should direct the OIR Executive Director to provide a written report to the Board, three months after the review or audit is completed, comparing the cost and effectiveness of using a short-term special counsel with deep subject matter expertise, versus the cost and effectiveness of using and maintaining permanent staff. (F4, F5, F6)
R6
The Board of Supervisors should direct the OIR Executive Director to work with each of the five agencies to negotiate specific, and possibly narrow, initial scopes for OIR involvement with each agency, all to be completed within three months of the Executive Director being hired. (F4, F5, F6, F7, F8, F9, F10, F11)
F7
The strenuous opposition of the OCDA to its inclusion in the OIR’s purview could pose a serious threat to the ability of the OIR to provide an effective review of the OCDA as required by the 2015 ordinance.
Related Recommendations (3)
R2
The Board of Supervisors should direct the new OIR Executive Director to provide the Board, within three months of the Executive Director being hired, with a plan, budget, and measureable performance outcomes for launching and operating the new OIR. The measurable performance outcomes should be traceable to the responsibilities defined in the 2015 OIR ordinance. (F4, F5, F6, F7, F9, F10, F11)
R3
The Board of Supervisors should direct the new OIR Executive Director to consider other models for independent oversight of law enforcement, in addition to the three presented to them by Special Counsel, and make recommendations to the Board as to any elements from such models that could augment the model chosen by the Board and that would be useful and necessary to implement an efficient and effective OIR, all to be completed of the Executive Director being hired. Among other concerns, the OIR Executive Director should consider whether and how the OIR, as currently designed, can meet the Board’s desire for the OIR to engage in independent investigations and recommend specific elements that could be integrated into the model chosen by the Board, including explicit authority, budget, and staffing provisions, to support the Board’s desire for independent OIR investigations. (F1, F2, F3, F4, F5, F6, F7)
R6
The Board of Supervisors should direct the OIR Executive Director to work with each of the five agencies to negotiate specific, and possibly narrow, initial scopes for OIR involvement with each agency, all to be completed within three months of the Executive Director being hired. (F4, F5, F6, F7, F8, F9, F10, F11)
F8
The willingness of the OCSD to work cooperatively with the OIR was crucial to allowing the original 2008 OIR to be effective as an independent reviewer of OSCD’s internal investigations.
Related Recommendations (2)
R6
The Board of Supervisors should direct the OIR Executive Director to work with each of the five agencies to negotiate specific, and possibly narrow, initial scopes for OIR involvement with each agency, all to be completed within three months of the Executive Director being hired. (F4, F5, F6, F7, F8, F9, F10, F11)
R7
For three years starting with the hiring of the new OIR Executive Director, the OCSD should provide the revised OIR with open access to the Sheriff’s internal processes for defining, and insuring adherence to, its policies and procedures on the legal use of jailhouse informants, so that the OIR could help recommend reforms consistent with evolving best practices. This requires a continuation of the existing attorney-client relationship between the OIR and the OCSD. (F8, F9, F11)
F9
With the OIR’s newly-expanded role to review the policies and practices of the OCSD and recommend reforms consistent with evolving best practices, the OCSD has an opportunity to take advantage of the new OIR to assist the OCSD in recovering from the current jailhouse informant controversy. This would require the continued voluntary cooperation of the OCSD with the new OIR.
Related Recommendations (3)
R2
The Board of Supervisors should direct the new OIR Executive Director to provide the Board, within three months of the Executive Director being hired, with a plan, budget, and measureable performance outcomes for launching and operating the new OIR. The measurable performance outcomes should be traceable to the responsibilities defined in the 2015 OIR ordinance. (F4, F5, F6, F7, F9, F10, F11)
R6
The Board of Supervisors should direct the OIR Executive Director to work with each of the five agencies to negotiate specific, and possibly narrow, initial scopes for OIR involvement with each agency, all to be completed within three months of the Executive Director being hired. (F4, F5, F6, F7, F8, F9, F10, F11)
R7
For three years starting with the hiring of the new OIR Executive Director, the OCSD should provide the revised OIR with open access to the Sheriff’s internal processes for defining, and insuring adherence to, its policies and procedures on the legal use of jailhouse informants, so that the OIR could help recommend reforms consistent with evolving best practices. This requires a continuation of the existing attorney-client relationship between the OIR and the OCSD. (F8, F9, F11)
F10
With the OIR’s newly-expanded role to review the policies and practices of the OCDA and recommend reforms consistent with evolving best practices, the OCDA has an opportunity to take advantage of the new OIR to assist the OCDA in recovering from the current jailhouse informant controversy, and in particular, implementing IPPEC recommendation #2. This would require the voluntary cooperation of the OCDA with the new OIR.
Related Recommendations (2)
R2
The Board of Supervisors should direct the new OIR Executive Director to provide the Board, within three months of the Executive Director being hired, with a plan, budget, and measureable performance outcomes for launching and operating the new OIR. The measurable performance outcomes should be traceable to the responsibilities defined in the 2015 OIR ordinance. (F4, F5, F6, F7, F9, F10, F11)
R6
The Board of Supervisors should direct the OIR Executive Director to work with each of the five agencies to negotiate specific, and possibly narrow, initial scopes for OIR involvement with each agency, all to be completed within three months of the Executive Director being hired. (F4, F5, F6, F7, F8, F9, F10, F11)
F11
The assurance of confidentiality, through attorney-client privilege between the five relevant County agencies and the OIR, is essential to the effective implementation of the 2015 OIR ordinance. Still, even attorney-client privilege may be insufficient for allowing access to some confidential documents, like juvenile records and personnel files that are very tightly controlled by the courts.
Related Recommendations (3)
R2
The Board of Supervisors should direct the new OIR Executive Director to provide the Board, within three months of the Executive Director being hired, with a plan, budget, and measureable performance outcomes for launching and operating the new OIR. The measurable performance outcomes should be traceable to the responsibilities defined in the 2015 OIR ordinance. (F4, F5, F6, F7, F9, F10, F11)
R6
The Board of Supervisors should direct the OIR Executive Director to work with each of the five agencies to negotiate specific, and possibly narrow, initial scopes for OIR involvement with each agency, all to be completed within three months of the Executive Director being hired. (F4, F5, F6, F7, F8, F9, F10, F11)
R7
For three years starting with the hiring of the new OIR Executive Director, the OCSD should provide the revised OIR with open access to the Sheriff’s internal processes for defining, and insuring adherence to, its policies and procedures on the legal use of jailhouse informants, so that the OIR could help recommend reforms consistent with evolving best practices. This requires a continuation of the existing attorney-client relationship between the OIR and the OCSD. (F8, F9, F11)

Additional Recommendations 1

These recommendations are not explicitly linked to specific findings.