Orange County General Funds

Response: Agree Score: +1

Agrees with the finding OCSD incorporated specific and detailed polices relating to informant use. OCSD issued a department-wide policy in September 2014 addressing confidential informant use. In December 2014, the department issued policy specific to custody related informants. Both policies include language defining different types of informants and sources of information. These definitions are specific and reflect current statutory and case law. F.2 There is no structured jailhouse informant program operating in the Orange County Jails. The existence of informants in the Orange County jai...

Response: Agree Score: +1

Agrees with the finding As noted in the report there was no formal, structure or authorized jailhouse informant program. However, individual information sources were contacted and interviewed in the custody environment. Current policy and protocols have been established to ensure proper informant use within the jail system. F.3 Violations in discovery and/or Brady disclosure in the Dekraai case are limited to the actions of a few members of the OCDA and a few OCSD personnel. This does not represent a conspiracy between the OCSD and OCDA. Response: Agrees with the finding The OCSD recognizes ...

Response: Agree Score: +1

Agrees with the finding The OCSD recognizes their responsibility as it relates to discovery obligations and subpoena response. While investigations into potential Brady violations are in progress at various levels, there was never an arrangement with any prosecutorial agency to violate any constitutional law. OCSD has incorporated new protocols, tracking systems and policy that specifically address discovery and subpoena responses. F.10 Mistakes were made by personnel in the OCSD and the OCDA. In response to internal investigations, the OCSD has taken disciplinary action to the extent it is ...

Response: Agree Score: +1

Agrees with the finding Deputies now have more extensive training on proper count procedures. Sergeants and Lieutenants consistently monitor and observe the counts and random checks of the count are conducted daily. The required plumbing tunnel checks are being strictly adhered to each shift and deputies are checking for any sign of illicit activity. Deputies are conducting and documenting comprehensive roof searches/inspections each shift. Random inspections by jail management/supervisor ensure CMJ staff strictly adhere to the policy and procedure for removal of contraband. Deputies conduct r...

Response: Agree Score: +1

Agrees with the finding The Orange County Sheriff's Department places a strong emphasis on supervision and the significance of instructing, guiding, monitoring and observing employees while they are performing their assignments. Sergeants and Lieutenants are tasked with providing oversight and ensuring that deputies are strictly adhering to the policies and procedures manual. F.4 Confusion within the policy and procedures manual The OCSD policy and procedures manual regarding inmate counts was confusing. Proper count procedure was defined in an inconsistent manner in the manual. The improper...

Response: Agree Score: +1

Confusion within the policy and procedures manual The OCSD policy and procedures manual regarding inmate counts was confusing. Proper count procedure was defined in an inconsistent manner in the manual. The improper count procedure contributed to the escape and the approximately 15 hour delay in discovering the missing inmates. The escapee's awareness of insufficient accounting for inmates' whereabouts may have played a part in the inmate's planning the escape. It should be noted that the OCSD is in the process of revising appropriate sections of the policy and procedures manual to eliminate a...

Response: Agree Score: +1

Agrees with the finding New tool inventory and visitor search protocols were established after the escape. A metal detector has been installed, regular searches of non-employees and visitors have been initiated and a canine team is now in use. A deputy position has been established for tool control utilizing deputies on light duty status. Disposal of contraband is now being documented in logs and reports. F.6 Training All deputies receive additional training upon assignment to the CMJ. Because of inconsistencies within the policy and procedures manual regarding inmate counts and a long stand...

Response: Unknown

below, to measure the effectiveness of its educational efforts. Finding F8 "Interoffice communication within the OCDA is often lacking and contributes to the absence of a unifying vision or sense of leadership. This allows for individual prosecutors to drift and create individualized record-keeping systems that could pose a liability for the County. It is an untenable position to argue that poor communication within the OCDA is the culprit to explain away constitutional discovery and Brady obligations."

Response: Unknown Score: 0

, the OCDA is firmly committed to a hostile-free work environment. The OCDA will ensure that all employees, including members of the Bureau, receive adequate training to ensure the work environment is free of harassment and discrimination. There will be a special emphasis upon the OCDA managers and supervisors to be excellent role models and to support the OCDA and County's commitment to these principles. This will include taking prompt and appropriate action to avoid and minimize any reported occurrences of discrimination. Finding F3 "The current county sexual harassment policy does not prohi...

Response: Agree Score: +1

The OCDA has taken steps and will continue to ensure that the process is fair and objective. It is understood that the Bureau's primary role is to support the prosecution of OCDA cases. There are also important collateral areas that require the Bureau to be the originating and main investigative force. ATTACHMENT A 器 - 88 M. MEMO OFFICE OF THE DISTRICT ATTORNEY TONY RACKAUCKAS DISTRICT ATTORNEY March 31, 2015 TO: All District Attorney Employees FROM: Tony Rackauckas, District Attorney SUBJECT: Commitment to Equal Employment Opportunity - 2015 In compliance with County of Orange Board of Supe...

Response: Unknown Score: 0

, all Bureau Supervisors and Commanders have always been required to attend extensive and comprehensive leadership training. Recommendation R2 "The OCDA should ensure all employees receive comprehensive sexual harassment training annually and periodically follow up to ensure policies are being followed."