⚠️ Aviso de traducción: Este contenido ha sido traducido automáticamente. El texto original en inglés es la versión oficial. La traducción puede contener errores.
⚠️ Este contenido ha sido traducido automáticamente. El texto original en inglés es la versión oficial. La traducción puede contener errores.
Findings 20 findings
F1
Stockton Police Department does not use hand-held voice recorders. The use of this device and procedure will save time and labor. The San Joaquin Sheriff Department currently uses this procedure.
F2
This Grand Jury found that the Board of Trustees of Delta Community College was ill prepared to handle the Measure L Bond funds. At the time the bond measure was proposed, the Board of Trustees knew that they would not be able to obtain the amount of money necessary to cover all of the proposed needs as listed on the ballot. There appears to have been no clear path to fulfill student needs for the future. Despite Brown Act training, there continues to be numerous allegations of Brown Act violations by the Delta College Board of Trustees. This Grand Jury found evidence of closed-session discussion being shared outside of the Board of Trustee meetings. The public/private partnership between Delta and the developer has delayed
F3
In the announcement for the exempt position of Assistant Clerk of the Board, the definition of what it means to be an "exempt" employee is not spelled out.
F4
The Civil Grand Jury finds no evidence that the current Mayor of Lathrop received excessive campaign contributions.
F5
No one business contributed more than is legally allowed. It has been determined that the mayor is now and has been acting in a reasonable and
F6
ethical manner in matters where the City Council is considering new business in the City of Lathrop.
F7
The City of Tracy offered a 108 acre site to Delta College, including all fees and infrastructure at an estimated cost of $6 to $10 million. The City of Tracy included an offer to cap Delta's cost and to contribute an additional $2 million toward mutually defined joint-use facilities. Delta's staff and consultant PPV, Inc. recommended leaving the Mountain House site for the Tracy location. Staff estimated that by going to Tracy and selling the Mountain House property Delta College could save as much as $50 million. Delta College Board of Trustees on a split vote (4-3) decided to stay with the Mountain House location.
F8
The demographic studies used by the Delta College District for facilities planning are questionable at best. They did not take into consideration the curriculum type that might be needed i.e. brick and mortar vs. internet usage.
F9
Although the original estimate for the building of a center/campus at Mountain House was $55 million, as of January 2008, the estimate has climbed to approximately $94 million and could go much higher costing District taxpayers tens of millions of dollars. These figures do not include funds for Phase II and Phase III. At this time the plans call for portables (trailers) to be used to house students.
F10
Private agendas and public bickering have delayed the progress of the use of bond funds. This has resulted in a reduction of projects that will be completed and has caused the complete cancellation of other projects. Therefore, costs have risen by tens of millions of dollars due to inflation.
F11
Due to a lack of oversight by the Trustees, the Bond Management Company has wasted untold dollars and delayed all projects.
F12
Citizens' Bond Oversight Committee meets quarterly to review past expenditures related to Measure L. Although Proposition 39 outlines responsibilities, committee members were trained to believe they do not have a mandate to question Measure L expenditures other than those deemed illegal. Although Proposition 39 outlines much broader responsibilities, committee members have been trained that their role is to review financial statements to ensure only authorized expenditures are charged to Measure L, to review project budgets and to the annual report. New committee members received no organized training.
F13
Brown Act Violations have occurred at meetings of the Citizens' Bond Oversight Committee. Meeting agendas were not posted at the meeting site 72 hours in advance and were not available to the public at one meeting attended by this Grand Jury's members.
F14
The formation of the new Measure L team and chairperson is a step in the right direction in getting control of bond funds and projects.
F15
SJRTD is not consistent in the use of "retainer agreements" for consultants. The line between salaried employees and those on retainer have been blurred. Some consultants are consistently paid for undocumented services against a retainer and are also paid for partially documented services at an hourly rate. Records reveal that these consultants always receive the maximum allowable payments, whether or not they provide the required "Deliverables" specified in their contract. For some individuals, payments for "retainer" services are akin to payments typically made to a "salaried" employee.
F16
SJRTD has not effectively used their marketing department to generate advertising revenue on their bus fleet. SJRTD has adequate staffing in their marketing department, yet bus advertising seems to be minimal. Advertising can be an excellent source of revenue. Other transit districts produce significant revenues from advertising and additional revenue would reduce SJRTD's dependence on taxpayer funds.
F17
Contracts requested from SJRTD by the Grand Jury were not delivered upon our initial requests, and it became necessary for the Grand Jury to petition the Court to issue a subpoena.
F18
The design of the Downtown Transit Center Construction Project was revised by Change Order after the contract had been awarded to the lowest bidder. The result of the change reduced the cost of the contract price by $2,481,474. The contract should have been returned to all original bidders to allow for continued participation in the formal bidding process, possibly saving the public additional dollars.
F19
The General Manager/CEO did not follow SJRTD established procedures for "change orders" during construction of the Downtown Transit Center. To avoid litigation, it became necessary for SJRTD to enter into a negotiated global settlement agreement with the building contractor.
F20
Thirteen hotel rooms in the cities of Stockton and Lodi were rented to use as meeting rooms at an expense of over $5,000. in 2007. The Downtown Transit Center has several large and well-appointed conference rooms capable of accommodating meeting room requirements.
Recommendations 15
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R1The Sheriff's Office actively pursued ways of preventing contraband from being supplied to the inmates by method of throwing it over the fence into the recreation yards. Install cameras that monitor the fence line as soon as possible as a quick fix to a more complex problem.
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R2The Sheriff's Office to look into the possibility of performing video arraignments between the jail, District Attorney's office and the court rooms. This could greatly reduce the cost of transporting inmates to and from the jail to the courthouse for these short proceedings. RESPONSE REQUIRED Pursuant to Section 933.05 of the Penal Code: The San Joaquin County Sheriff shall report to the Presiding Judge of the San Joaquin County Superior Court, in writing and of publication of this report, with a response as follows: As to each finding in the report a response indicating one of the following: The respondent agrees with the finding a. The respondent disagrees with the finding, with an explanation of the reasons therefore. b. As to each recommendation, a response indicating one of the following: The recommendation has been implemented, with a summary of the action taken. a. The recommendation has not yet been implemented, but will be with a time frame for b. implementation. The recommendation requires further analysis, with an explanation of the scope of c. analysis and a time frame not to exceed six months. d. The recommendation will not be implemented, with an explanation therefore. Grand Jury County of San Joaquin Courthouse 222 East Weber Avenue-Room 303 Stockton, California 95202 (209)468-3855 STOCKTON POLICE DEPARTMENT 2007-2008 GRAND JURY OBSERVATIONS The 2007-2008 Grand Jury toured the Stockton Police Department on September 26, 2007. While the main Police Station building is old, it appears to be well maintained and clean. Filling vacant police officer positions is an ongoing issue. The same problems of hiring new officers are faced by other state law enforcement agencies. The Department is trying hard to fill the ranks and is actively pursuing candidates to attend their academy. Keeping salaries and benefits competitive with surrounding communities will greatly aid in the retention of officers. The Grand Jury was very impressed with the efficiency and the functioning of the Evidence Room. The amount of evidence that is stored and cataloged is stunning and the process that is used to do it is very efficient. The crime lab, including the ballistic room, is state-of the- art and was very impressive to the Grand Jury. During ride-alongs, Grand Jury members observed the patrol cars mobile data computer monitors seem to vibrate a lot. While the officers never complained about them interfering with their duties, it was mentioned that "You get used to it".
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R3The Board of Trustees use the most current student usage numbers to determine curriculum needs for students, i.e. brick and mortar vs. internet usage. The Board of Trustees refocus on the needs of the students and not personal
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R4agendas and work together as a cohesive unit.
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R5Delta College trustees and administration support and work with their new, recently formed committee, Measure L Team, to oversee the various bond programs. The Delta College Board of Trustees to comply with the Brown Act. Further
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R6training on the Brown Act to be given to ensure understanding and compliance.
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R7The Bond Oversight Committee meet once per month in an effort to pre-approve all expenses charged to Measure L funds.
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R8This Grand Jury recommends that the Citizens' Bond Oversight Committee question all changes in projects selected for funding, project plans, or delays in construction. This is a precautionary measure to ensure that Measure L funds are not being wasted.
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R9The Citizens' Bond Oversight Committee to ensure that all aspects of the Brown Act are adhered to in order to give the public a clear picture of the committees' workings. The Grand Jury believes that the Brown Act ensures a transparent democracy. The violation of the Brown Act cannot be tolerated. RESPONSE REQUIRED Pursuant to Section 933.05 of the Penal Code: The San Joaquin Delta Community College Board of Trustees report to the Presiding Judge of the San Joaquin County Superior Court, in writing and of publication of this report, with a response as follows: As to each finding in the report a response indicating one of the following: The respondent agrees with the finding. a. The respondent disagrees with the finding, with an explanation of the reasons b. therefore. As to each recommendation, a response indicating one of the following: The recommendation has been implemented, with a summary of the action taken. a. The recommendation bas not yet been implemented, but will be with a time frame b. for implementation. The recommendation requires further analysis, with an explanation of the scope of c. analysis and a time frame not to exceed six months. d. The recommendation will not be implemented, with an explanation therefore. Grand Jury County of San Joaquin Courthouse 222 East Weber Avenue-Room 303 Stockton, Celifornia 95202 (209)468-3855 FINAL REPORT - CASE NO. 02-07 SAN JOAQUIN COUNTY - EXEMPT POSITION HIRING SUMMARY The 2007-2008 Civil Grand Jury received complaints in July and August of 2007. These complaints alleged improprieties in the process for hiring of an Assistant Clerk of the Board of Supervisors, a newly created position. After an extensive review of the hiring documentation and interviewing the screening and selecting officials, the Civil Grand Jury finds no evidence of pre-selection of the selected candidate. In addition, the allegations of incorrect process also appear to be false. The Civil Grand Jury did, however, make some recommendations for the improvement of the county's exempt hiring process. REASON FOR INVESTIGATION The 2007-2008 Civil Grand Jury received citizen complaints in July and August of 2007. These complaints alleged improprieties in the process for hiring of a newly created exempt position, Assistant Clerk of the Board of Supervisors. Some specific allegations were that proper procedures were not followed and that the selectee was not qualified to fill the position, did not fill out an application, did not meet the application deadline, was not interviewed by the same interviewing panel, and was not among the top fourteen applicants...
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R10Update the parking assignments at least monthly.
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R11Develop a backup system for the computer that tracks the automated garages. Have the IT department develop a disaster recovery procedure in the event of a catastrophic failure.
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R12Insure that all programs are operated on a secure server not accessible by other departments.
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R13Develop a program that allows online applications, payments, and issuance of parking passes to accommodate anticipated future growth. RESPONSE REQUIRED Pursuant to Section 933.05 of the Penal Code: The Stockton City Council shall report to the Presiding Judge of the San Joaquin County Superior Court, in writing and of publication of this report, with a response as follows: As to each finding in the report a response indicating one of the following: a. The respondent agrees with the finding. b. The respondent disagrees with the finding, with an explanation of the reasons therefore. As to each recommendation, a response indicating one of the following: a. The recommendation has been implemented, with a summary of the action taken. b. The recommendation has not yet been implemented, but will be with a time frame for implementation. c. The recommendation requires further analysis, with an explanation of the scope of analysis and a time frame not to exceed six months. d. The recommendation will not be implemented, with an explanation therefore. Grand Jury County of San Joaquin Courthouse 222 East Weber Avenue-Room 303 Stockton, California 95202 (209)468-3855 FINAL REPORT – CASE NO. 05-07 CITY OF RIPON SUMMARY A citizen complaint was received by the 2007-2008 Grand Jury regarding the manner in which the City of Ripon awarded its 4th of July fireworks contract and expensed monies for a second phase of the city skate park. The Grand Jury conducted an investigation and found no wrongdoing. However, recommendations were made to the city to help alleviate further problems. REASON FOR INVESTIGATION The 2007-2008 Civil Grand Jury received a citizen's complaint against the City of Ripon alleging wrongdoing in the awarding of the fireworks contract; also the budgeting of monies for a skate park. The complaint alleges the city did not formally request bids for the fireworks display and instead awarded the contract to a company with ties to city personnel. The complainant also alleges that the city designated monies for a skate park without properly proposing this expense.
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R14Enforce sanctions relating to the misuse and abuse of SJRTD funds. (e.g. gasoline purchases, credit card expenses, hotel accommodations, entertainment and food purchases).
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R15Adhere to written policy and procedures with regard to "change orders" to insure taxpayer funds are not wasted. RESPONSE REQUIRED Pursuant to Section 933.05 of the Penal Code: The San Joaquin County Regional Transit District Board of Directors shall report to the Presiding Judge of the San Joaquin County Superior Court, in writing and of publication of this report, with a response as follows: As to each finding in the report a response indicating one of the following: a. The respondent agrees with the finding. b. The respondent disagrees with the finding, with an explanation of the reasons therefore. As to each recommendation, a response indicating one of the following: a. The recommendation has been implemented, with a summary of the action taken. b. The recommendation has not yet been implemented, but will be with a time frame for implementation. c. The recommendation requires further analysis, with an explanation of the scope of analysis and a time frame not to exceed six months. d. The recommendation will not be implemented, with an explanation therefore. Grand Jury County of San Joaquin Courthouse 222 East Weber Avenue-Room 303 Stockton, California 95202 (209)468-3855 FINAL REPORT - CASE NO. 08-07 STOCKTON UNIFIED SCHOOL DISTRICT SUMMARY With the recent bond election and departure of many of the top management staff at Stockton Unified School District (SUSD), the public's attention will focus on the Board of Trustees. Decisions made by the Board in the next year are likely to influence Stockton Unified School District for generations to come. It is of paramount importance that the Board of Trustees makes the most of the opportunity to rebuild SUSD and restore public confidence. The 2007-2008 Civil Grand Jury finds SUSD's management: Participated in the misuse of public funds and attempted to conceal it from elected • officials and the Grand Jury Has supplanted general funds with restricted (also known as categorical) funds • Hired consultants to perform work that could have and should have been done by SUSD employees. The Grand Jury recommends: A thorough, independent, annual audit to a level of detail that prevents misuse of ٠ funds Restricting management's spending authority to a level that prevents abuse • Establishment of a Foundation to conduct fund raising activity at the district-wide . level Public access to SUSD records and accounting information to ensure transparency and restore trust. REASON FOR INVESTIGATION The 2007-2008 Grand Jury received a written complaint containing specific allegations focused on several activities and events conducted at SUSD that may have been inappropriate or possibly illegal. Details provided by the complainant were substantive and piqued the interest of the Grand Jury. After completing a preliminary investigation, the Grand Jury voted to open a formal investigation of the following:
* This report's PDF did not contain easily extractable text and required Optical Character Recognition (OCR) for analysis. There may be minor errors in the extracted findings and recommendations due to OCR limitations with scanned documents.