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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.
Santa Clara County Grand Jury
• 2000-2001
• Agency Response
Evaluation of Responses to the
⚠️ Translation Notice: This content has been automatically translated. The original English text is the official version. Translation may contain errors.
⚠️ Este contenido ha sido traducido automáticamente. El texto original en inglés es la versión oficial. La traducción puede contener errores.
Note: Missing finding numbers detected: F5, F8, F9, F10
Findings 9 findings
F1
Family and Children’s Services report ( Reference ) There were no comments to two of the findings.
F2
San Jose Redevelopment Agency report ( Reference ) Response comments on finding two was not clear.
F3
Vector Control District report ( Reference ) There were no comments to finding three. Follow up on response to recommendation four to validate that new facilities are completed in 2003.
F4
Men’s Work Furlough Program report ( Reference ) There were no comments to the findings. PASSED and ADOPTED by the Santa Clara County Civil Grand Jury this 25th day of April 2002. __________________________________ Bruce E. Capron Foreperson _____________________________ Norman N. Abrahams, DDS Foreperson Pro Tem __________________________________ Joyce S. Byrne Secretary 9
F6
Each Grand Jury should confirm that agencies requesting time for further analysis before responding to final report
F7
Each Grand Jury should confirm agencies agreeing with previous Final Report recommendations have implemented the recommendations as promised. ATTACHMENT 1 California Penal Code 933.05, in relevant part: 933.05. Responses to findings (a) For the purpose of subdivision (b) of section 933, as to each grand jury finding, the responding person or entity shall indicate one of the following: (1) The respondent agrees with the finding. (2) The respondent disagrees wholly or partially with the finding, in which case the response shall specify the portion of the finding that is disputed and shall include an explanation of the reasons therefore. (b) For the purposes of subdivision (b) of section 933, as to each grand jury
F11
Inquiry into Use-of-Force 2. The Grand Jury reports that included Training Policies--Santa Clara County numbered findings and recommendations Departments and Municipalities received clearer responses. Therefore, The report contained four numbered future Grand Juries are encouraged to findings and no recommendations. The number report findings and report was sent to all the affected recommendations. agencies as a courtesy copy. No responses were requested by the 2000- 3. None of the reports referenced the 2001 Grand Jury. recommendation(s) back to finding(s).
F12
Review of Santa Clara County 4. The Grand Jury report should clearly Audited Financial Reports state when a response is not necessary to No findings or recommendations were save time and effort by both the Grand identified in the report. A conclusion Jury and the affected agency. statement was included in the report. 5. Responses to two reports, San Jose’s
F13
Evaluation of Responses to the Use of the Redevelopment Agency’s 1999-2000 Civil Grand Jury Final 20% Low-Moderate Income Housing Report Fund and Inspection of the Men’s Work 5 Furlough Program, indicated that there was a need to further evaluate or analyze the recommendation. The penal code states that the timeframe to complete the analysis should not exceed six months from the date of the publication of the Grand Jury Final Report.
Recommendations 12
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R1Review of the Santa Clara County Agency of the City of San Jose Department of Family and Children’s There were five unnumbered findings Services and two recommendations in this Grand This report contained six unnumbered Jury report. Recommendation 1 was
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R2Review of the Redevelopment
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R3was addressed to the Clara and the City of San Jose. director of social services. The comments returned by the city of The comments returned by the county San Jose were prepared by the city were prepared by the social services attorney and approved by the RDA agency on August 6, 2001, and approved board on October 16, 2001. The by the board of supervisors on October responses were clearly written, 16, 2001. The response did not clearly addressing each of the findings and 2 recommendations as required by the 1; it will not implement recommendation penal code. 2; and it will implement recommendation 3. A timeline for completion of The comments returned by the county recommendation 3 was provided. The were prepared by the county executive county responded to recommendation 4: and approved by the board of “This recommendation is already being supervisors on October 16, 2001. The implemented....” A tentative completion response did not clearly address the date of the summer of 2003 was
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R4Men’s Work Furlough Program report ( Reference ) There were no comments to the findings. PASSED and ADOPTED by the Santa Clara County Civil Grand Jury this 25th day of April 2002. __________________________________ Bruce E. Capron Foreperson _____________________________ Norman N. Abrahams, DDS Foreperson Pro Tem __________________________________ Joyce S. Byrne Secretary 9
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R5by disagreeing. The 16, 2001. The response clearly stated county’s comments on recommendations that the city agreed with the finding. 1 through 4 were lengthy and detailed, explaining the current processes or 8. Inquiry into Alleged Improprieties positions to each recommendation. by the Mayor Including Misuse of City of San Jose Funds 6. Inspection of the Men’s Work The report contained four numbered Furlough Program findings and one recommendation. The The report section titled Findings recommendation was addressed to the appears to contain four subjects that San Jose City Council. could be individual findings: status of prior year’s recommendations; Comments on the report were prepared maintenance inadequacies; a “jimmied” by the San Jose City Attorney on cover; and rules violations. There were October 11, 2001, and approved by the five recommendations contained in the city council on October 16, 2001. The report. Recommendations 1 through 3 city clearly stated that it agreed with all were addressed to the board of finding. supervisors and the county probation department. Recommendations 4 and 5 In responding to the recommendations, were addressed to the board of the city attorney, recommended to the supervisors and the general services city council that it adopt “...the current agency. management practice...as a policy”. The transmittal letter relating to the Grand Comments were prepared by the county Jury report, which was sent from the probation department on August 21, City of San Jose to the presiding judge, 2001, and approved by the board of on October 22, 2001, included a footnote 4 stating, “The City Council also directed This report contained one paragraph that the City Administration implement a under findings, and one unnumbered and nepotism policy in addition to the no- four numbered recommendations. These fraternization policy approved in its recommendations were a result of the discussion of the response to this 2000-2001 Grand Jury’s analysis of the report.” comments submitted to the 1999-2000 Grand Jury Final Report. The 9. Inquiry into Whether the City of recommendations as written combined Mountain View is in Violation of the Grand Jury’s finding and Proposition 218 recommendation. Responses that the Four numbered findings and no 2000-2001 Grand Jury considered recommendations were contained in the incomplete, or not responsive to the report. This report was sent to the City report’s recommendations were of Mountain View as a courtesy copy. identified and additional comments No response was requested by the 2000- solicited from the affected organizations. 2001 Grand Jury. The Santa Clara County Office of Education, Santa Clara County Board of 10. Inquiry into the City of San Jose Supervisors, San Jose City Council and Police Department’s “Use-of-Force” the Los Gatos Town Council were sent Training copies of the report and responded as The report contained five numbered requested.
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R6Inspection of the Men’s Work The report contained four numbered Furlough Program findings and one recommendation. The The report section titled Findings recommendation was addressed to the appears to contain four subjects that San Jose City Council. could be individual findings: status of prior year’s recommendations; Comments on the report were prepared maintenance inadequacies; a “jimmied” by the San Jose City Attorney on cover; and rules violations. There were October 11, 2001, and approved by the five recommendations contained in the city council on October 16, 2001. The report. Recommendations 1 through 3 city clearly stated that it agreed with all were addressed to the board of finding. supervisors and the county probation department. Recommendations 4 and 5 In responding to the recommendations, were addressed to the board of the city attorney, recommended to the supervisors and the general services city council that it adopt “...the current agency. management practice...as a policy”. The transmittal letter relating to the Grand Comments were prepared by the county Jury report, which was sent from the probation department on August 21, City of San Jose to the presiding judge, 2001, and approved by the board of on October 22, 2001, included a footnote 4 stating, “The City Council also directed This report contained one paragraph that the City Administration implement a under findings, and one unnumbered and nepotism policy in addition to the no- four numbered recommendations. These fraternization policy approved in its recommendations were a result of the
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R7Each Grand Jury should confirm agencies agreeing with previous Final Report recommendations have implemented the recommendations as promised. ATTACHMENT 1 California Penal Code 933.05, in relevant part: 933.05. Responses to findings (a) For the purpose of subdivision (b) of section 933, as to each grand jury
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R9Inquiry into Whether the City of recommendations as written combined Mountain View is in Violation of the Grand Jury’s finding and Proposition 218 recommendation. Responses that the Four numbered findings and no 2000-2001 Grand Jury considered recommendations were contained in the incomplete, or not responsive to the report. This report was sent to the City report’s recommendations were of Mountain View as a courtesy copy. identified and additional comments No response was requested by the 2000- solicited from the affected organizations. 2001 Grand Jury. The Santa Clara County Office of Education, Santa Clara County Board of
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R10Inquiry into the City of San Jose Supervisors, San Jose City Council and Police Department’s “Use-of-Force” the Los Gatos Town Council were sent Training copies of the report and responded as The report contained five numbered requested.
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R11Inquiry into Use-of-Force 2. The Grand Jury reports that included Training Policies--Santa Clara County numbered findings and recommendations Departments and Municipalities received clearer responses. Therefore, The report contained four numbered future Grand Juries are encouraged to
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R12Review of Santa Clara County 4. The Grand Jury report should clearly Audited Financial Reports state when a response is not necessary to No findings or recommendations were save time and effort by both the Grand identified in the report. A conclusion Jury and the affected agency. statement was included in the report. 5. Responses to two reports, San Jose’s
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R13Evaluation of Responses to the Use of the Redevelopment Agency’s 1999-2000 Civil Grand Jury Final 20% Low-Moderate Income Housing Report Fund and Inspection of the Men’s Work 5 Furlough Program, indicated that there was a need to further evaluate or analyze the recommendation. The penal code states that the timeframe to complete the analysis should not exceed six months from the date of the publication of the Grand Jury Final Report.
Conclusions 9
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CL1 Page 8Family and Children’s Services report ( Reference page 2) There were no comments to two of the findings.
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CL2 Page 8San Jose Redevelopment Agency report ( Reference page 3) Response comments on finding two was not clear.
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CL3 Page 8Vector Control District report ( Reference page 4) There were no comments to finding three. Follow up on response to recommendation four to validate that new facilities are completed in 2003.
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CL4 Page 8Men’s Work Furlough Program report ( Reference page 6) There were no comments to the findings. 8 PASSED and ADOPTED by the Santa Clara County Civil Grand Jury this 25th day of April 2002. __________________________________ Bruce E. Capron Foreperson _____________________________ Norman N. Abrahams, DDS Foreperson Pro Tem __________________________________ Joyce S. Byrne Secretary 9
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CL5 Page 6Each Grand Jury should confirm that agencies requesting time for further analysis before responding to final report
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CL6 Page 6Each Grand Jury should confirm agencies agreeing with previous Final Report recommendations have implemented the recommendations as promised. 6 ATTACHMENT 1 California Penal Code 933.05, in relevant part: 933.05. Responses to findings (a) For the purpose of subdivision (b) of section 933, as to each grand jury finding, the responding person or entity shall indicate one of the following: (1) The respondent agrees with the finding. (2) The respondent disagrees wholly or partially with the finding, in which case the response shall specify the portion of the finding that is disputed and shall include an explanation of the reasons therefore. (b) For the purposes of subdivision (b) of section 933, as to each grand jury
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CL7 Page 5Inquiry into Use-of-Force 2. The Grand Jury reports that included Training Policies--Santa Clara County numbered findings and recommendations Departments and Municipalities received clearer responses. Therefore, The report contained four numbered future Grand Juries are encouraged to findings and no recommendations. The number report findings and report was sent to all the affected recommendations. agencies as a courtesy copy. No responses were requested by the 2000- 3. None of the reports referenced the 2001 Grand Jury. recommendation(s) back to finding(s).
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CL8 Page 5Review of Santa Clara County 4. The Grand Jury report should clearly Audited Financial Reports state when a response is not necessary to No findings or recommendations were save time and effort by both the Grand identified in the report. A conclusion Jury and the affected agency. statement was included in the report. 5. Responses to two reports, San Jose’s
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CL9 Page 5Evaluation of Responses to the Use of the Redevelopment Agency’s 1999-2000 Civil Grand Jury Final 20% Low-Moderate Income Housing Report Fund and Inspection of the Men’s Work 5 Furlough Program, indicated that there was a need to further evaluate or analyze the recommendation. The penal code states that the timeframe to complete the analysis should not exceed six months from the date of the publication of the Grand Jury Final Report.