County of Los Angeles Civil Grand Jury 222South HillStreet•Sixth Floor•Suite670•LosAngeles,California 90012

Recommendations 7

• R1

  Page 276
  3 relates to Department personnel acting in a non- partisan manner while on duty. Department personnel are aware that they must act in a non-partisan manner to build trust with all members of the community. •
• R2

  Page 281
  There is legally sufficient, admissible evidence ofa corpus delicti:
• R3

  Page 281
  There is legally sufficient, admissible evidence ofthe accused's identity as the perpetrator ofthe crime charged; and
• R4

  Page 281
  The prosecutor has considered the probability of conviction by an objective fact finder and has determined that the admissible evidence is of such convincing force that it would warrant conviction of the crime charged by a reasonable and objective fact finder after hearing all the evidence available to the prosecutor at the time ofcharging and after considering the most plausible, reasonably foreseeable defense inherent in the prosecution evidence." If no charges are filed, the District Attorney's Office will issue a closing report summarizing the results ofthe investigation and analyzing the evidence. This report will address the question of whether or not there is proof beyond a reasonable doubt that an officer, deputy, or any other person committed a crime. It is not the purpose of the District Attorney's investigation or report to determine if any officer or deputy violated police policy or procedure, or committed any act which would be subject to civil sanctions. The Justice System Integrity Division will review all matters in a timely manner and, except in unusual circumstances or where additional investigation is required, issue a closing report containing its findings and conclusions of the receipt of the completed investigative package. This report shall be sent to the involved police agencies. 12014Los AngelesCounty DistrictAttorney's Office The District Attorney's Office will notify the appropriate Chief of Police or Sheriff's representative prior to releasing to a third party any document related to an officer- involved shooting or in-custody death, and prior to conducting a news conference or issuing a press release concerning an officer-involved shooting or in-custody death. Updated January 2014 €>2014 Los Angeles County District Attorney's Office STORM WATER CAPTURE AND WASTEWATER REUSE 2022 - 2023 LOS ANGELES COUNTY CIVIL GRAND JURY kURK PESntEUA. Dti««lar July20,2023; COUNTY OF LOS ANGELES DEPARTMENT OF PUBLIC WORKS 'To BtirMt Uve9 n»fOf^ Efltetme and Catmg Setvico' «o sou Tti huekoni avenue AiJiAACSftA.CAUFOII)>llA »IS0>-I)1I TcEtltiiw (U6|4M $I(» fenp:.',<d9w.leeottmr.(av TO: Pesia A. Davenport Chief Executive Offioer Attention Cheri Thomas FROM: Mark PestrellaC P Director of Pubtlc Works AooxHSii Au. coaRGkmNncwce rot r.O BOA HiO ALHAMBDA. CAUrOSNtA 0 ISM- MUk INREPIV PlGASC RIfGRTor« SWP-0 REPONSES TO THE 2022-23 LOS ANGELES COUNTY CIVIL GRAND JURY FINAL REPORT We received your memo dated July 3, 2023. requesting responses to the 2022-23 Los Angeles County CivilGrand Jury report titled Storm Water Capture and Wastewater Reuse. Attached are the recommendations and corresponding responses from Public Works for Recommendation Numbers 1.1 thru 1.4 and 1.6 thru 1.10. Ifyou have any questions, please contact me or your staff may contact Assistant Director Anthony Nyivihat (626) 458-4014 or anvivih@PW.lacountv.QOV. JA ZOJS-a taeo th* grttid liiy Inal rvpi mpoxsei (07 20 3023) Attach. 149
• R5

  Page 278
  a summary ofwitness statements and the status ofthe investigation;
• R6

  Page 278
  a "walk through" at the scene, including witness descriptions ofthe events and the evidence recovered;
• R7

  Page 278
  the medical condition ofinjured parties. The investigating officer will ensure that district attorney personnel have access to the scene ofthe investigation. All physical evidence shall remain in the custody ofthe police agency conducting the investigation. If district attorney personnel determine that additional district attorney personnel are needed to assist the investigation, additional district attorney investigators or deputy district attorneys can be called to the scene. INTERVIEWS OF CIVILIAN WITNESSES District Attorney personnel, with the investigating agency, will make every attempt to locate, identify and interview all potential witnesses to an incident. District Attorney personnel will be presentandparticipate withthe investigating agencyin all interviews of civilianwitnesseswheneverpracticable. All witnessesshall be interviewedseparatelyto maintain the integrity oftheir statements. All interviews should be electronically recorded. •2014 Los Angeles County District Attorney's Office INTERVIEWS OF OFFICERS AND DEPUTIES All officer or deputy witnesses to the events of the incident shall be separately interviewed. The interviews should take place as soon as is practical and should be recorded. During the pendency of the investigation and prior to the interview, all witnesses or potential witnesses should be kept apart to maintain the integrity of their individual statements. When appropriate the interviews may take place at the scene to aid the officer in recalling and explaining the exact locations ofthe parties and the events that took place. District Attorney personnel will be available to participate in interviews of law enforcement personnel at the request of the investigating agency. However, if the officer chooses to make a non-compelled statement outside the presence of district attorney personnel, investigators will inform district attorney personnel of the substance of the statement and provide access to any recording ofthe statement. If the officer chooses not to make a volimtary statement and the police agency elects to compel a statement pursuant to the Public Safety Officers Procedural Bill of Rights Act (Government Code sections 3300 et seq.), district attorney personnel will be available to participate in the compelled interview at the request of the investigating agency, if the deputy district attorney assigned to the investigationdetermines, in his or her judgment, that our presence will not compromise any criminal investigation. MEDICAL EVIDENCE When circumstances permit, district attorney personnel should remain at the scene of a fatal shooting or in-custody death until the coroner's investigator arrives and completes his investigation at the scene. When an individual has been wounded by the police, district attorney and law enforcement personnel shall attempt to question the medical doctor who has treated the wounded individual and make efforts to preserve evidence that could be obtained from the doctor, such as the angle of bullet entry, lacerations, contusions, or the presence and effect ofany drugs or alcohol. INVESTIGATIVE REPORTS It is the intent of the District Attorney's Office and participating law enforcement agencies to complete their review of these matters as quickly as possible, consistent with the primary goal ofconductinga thoroughand objectivereview ofthe facts. The investigating agency will submit all relevant reports regarding the incident to the District Attorney's Justice System Integrity Division as soon as possible and absent unusualcircumstances within 60 to 90 days, depending on the policy of the investigating agency. As the investigation proceeds, reportsshouldbe forwarded to the Justice System Integrity Division as they are completed regardless of whether all reports are completed. This procedure will permit the review process to proceed simultaneously with the © 2014 Los Angeles County District Attorney's Office investigation. It will also permit timely requests and implementation of any additional investigation and clarification ofcompleted reports ifrequired. FINAL ACTION At the conclusion of the investigation, the District Attorney's Justice System Integrity Division will review and analyze all the evidence to determine whether the officer acted lawfully. The crime charging standards are the same for civilians and peace officers. The District Attorney's policies regarding crime charging are set forth in the District Attorney's Legal Policies Manual and state in part: "The prosecutor should charge only if the following four basic requirements are satisfied: 1. The prosecutor, based on a complete investigation and a thorough consideration of all pertinent facts readily available, is satisfied that the evidence proves that the accused is guilty ofthe crime to be charged: 2. There is legally sufficient, admissible evidence ofa corpus delicti: 3. There is legally sufficient, admissible evidence ofthe accused's identity as the perpetrator ofthe crime charged; and 4. The prosecutor has considered the probability of conviction by an objective fact finder and has determined that the admissible evidence is of such convincing force that it would warrant conviction of the crime charged by a reasonable and objective fact finder after hearing all the evidence available to the prosecutor at the time ofcharging and after considering the most plausible, reasonably foreseeable defense inherent in the prosecution evidence." If no charges are filed, the District Attorney's Office will issue a closing report summarizing the results ofthe investigation and analyzing the evidence. This report will address the question of whether or not there is proof beyond a reasonable doubt that an officer, deputy, or any other person committed a crime. It is not the purpose of the District Attorney's investigation or report to determine if any officer or deputy violated police policy or procedure, or committed any act which would be subject to civil sanctions. The Justice System Integrity Division will review all matters in a timely manner and, except in unusual circumstances or where additional investigation is required, issue a closing report containing its findings and conclusions of the receipt of the completed investigative package. This report shall be sent to the involved police agencies. 12014Los AngelesCounty DistrictAttorney's Office The District Attorney's Office will notify the appropriate Chief of Police or Sheriff's representative prior to releasing to a third party any document related to an officer- involved shooting or in-custody death, and prior to conducting a news conference or issuing a press release concerning an officer-involved shooting or in-custody death. Updated January 2014 €>2014 Los Angeles County District Attorney's Office STORM WATER CAPTURE AND WASTEWATER REUSE 2022 - 2023 LOS ANGELES COUNTY CIVIL GRAND JURY kURK PESntEUA. Dti««lar July20,2023; COUNTY OF LOS ANGELES DEPARTMENT OF PUBLIC WORKS 'To BtirMt Uve9 n»fOf^ Efltetme and Catmg Setvico' «o sou Tti huekoni avenue AiJiAACSftA.CAUFOII)>llA »IS0>-I)1I TcEtltiiw (U6|4M $I(» fenp:.',<d9w.leeottmr.(av TO: Pesia A. Davenport Chief Executive Offioer Attention Cheri Thomas FROM: Mark PestrellaC P Director of Pubtlc Works AooxHSii Au. coaRGkmNncwce rot r.O BOA HiO ALHAMBDA. CAUrOSNtA 0 ISM- MUk INREPIV PlGASC RIfGRTor« SWP-0 REPONSES TO THE 2022-23 LOS ANGELES COUNTY CIVIL GRAND JURY FINAL REPORT We received your memo dated July 3, 2023. requesting responses to the 2022-23 Los Angeles County CivilGrand Jury report titled Storm Water Capture and Wastewater Reuse. Attached are the recommendations and corresponding responses from Public Works for Recommendation Numbers 1.1 thru 1.4 and 1.6 thru 1.10. Ifyou have any questions, please contact me or your staff may contact Assistant Director Anthony Nyivihat (626) 458-4014 or anvivih@PW.lacountv.QOV. JA ZOJS-a taeo th* grttid liiy Inal rvpi mpoxsei (07 20 3023) Attach. 149