Orange County Grand Jury • 2016-2017

Another Hostile Work Environment? Orange County District Attorney Bureau of Investigation

Published: June 27, 2017 19 pages
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Findings and Recommendations 8 findings

F1
Multiple consensual relationships involving some members of Bureau management have contributed to a perception of favoritism and cronyism among some in the Bureau. This perception stems from the promotion of some who have been engaged in intimate relationships with their supervisors, whether or not those promotions were deserved, and a belief by some that participation in activities that occur outside the workplace impact promotion decisions. This has created the perception of a hostile work environment for some.
Related Recommendations (1)
R1
The OCDA should implement comprehensive management training of all management in the Bureau.
F2
Current county sexual harassment training for Bureau employees does not appear adequate. Many Bureau employees appear to be unaware of the policy. Some OCDA management seemed unaware of the implications of a hostile work environment and what constitutes sexual harassment.
Related Recommendations (1)
R2
The OCDA should ensure all employees receive comprehensive sexual harassment training annually and periodically follow up to ensure policies are being followed.
F3
The current county sexual harassment policy does not prohibit supervisor-subordinate intimate relationships.
Related Recommendations (1)
R3
Bureau management should recognize the Bureau’s role in the mission of the OCDA, prioritize assignments accordingly, and develop an assignment process that better uses the experience and skills of investigators.
F4
The absence of a transparent assignment process that uses investigators’ skill sets has contributed to the perception of favoritism among some investigators.
Related Recommendations (1)
R4
The county should consider implementing a policy that prohibits intimate supervisor- subordinate relationships and prohibits all individuals holding a senior leadership position in any county agency from engaging in any intimate relationships with anyone in the agency they supervise. R5. The county should review the current sexual harassment training provided to all county employees and include metrics for impact and effectiveness. R6. The Board of Supervisors should hire an outside, independent investigator to investigate why the OCDA and county Human Resources Services departments are not being used in reporting by individuals in the Bureau. REQUIRED RESPONSES The California Penal Code §933 requires the governing body of any public agency which the Grand Jury has reviewed, and about which it has issued a final report, to comment to the Presiding Judge of the Superior Court on the findings and recommendations pertaining to matters under the control of the governing body. Such comment shall be made no later than 90 days after the Grand Jury publishes its report (filed with the Clerk of the Court). Additionally, in the case of a report containing findings and recommendations pertaining to a department or agency headed by an elected County official (e.g. District Attorney, Sheriff, etc.), such elected County official shall comment on the findings and recommendations pertaining to the matters under that elected official’s control to the Presiding Judge with an information copy sent to the Board of Supervisors. Furthermore, California Penal Code Section §933.05 (a), (b), (c), details, as follows, the manner in which such comment(s) are to be made: (a) 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) As to each Grand Jury recommendation, the responding person or entity shall report one of the following actions: (1) The recommendation has been implemented, with a summary regarding the implemented action. (2) The recommendation has not yet been implemented, but will be implemented in the future, with a time frame for implementation. (3) The recommendation requires further analysis, with an explanation and the scope and parameters of an analysis or study, and a time frame for the matter to be prepared for discussion by the officer or head of the agency or department being investigated or reviewed, including the governing body of the public agency when applicable. This time frame shall not exceed six months from the date of publication of the Grand Jury report. (4) The recommendation will not be implemented because it is not warranted or is not reasonable, with an explanation therefore. (c) If a finding or recommendation of the Grand Jury addresses budgetary or personnel matters of a county agency or department headed by an elected officer, both the agency or department head and the Board of Supervisors shall respond if requested by the Grand Jury, but the response of the Board of Supervisors shall address only those budgetary /or personnel matters over which it has some decision making authority. The response of the elected agency or department head shall address all aspects of the findings or recommendations affecting his or her agency or department. Comments to the Presiding Judge of the Superior Court in compliance with Penal Code section §933.05 are required from: Responses Required: Orange County District Attorney F. 1-8, R.1-3 Orange County Board of Supervisors F. 2-3, R.4-6
F5
Supervisor and commander positions lack an adequate management training requirement. This has led to either a failure to uniformly enforce OCDA and county policies surrounding work place behavior or at least a perceived failure to do so.
Related Recommendations (1)
R5
The county should review the current sexual harassment training provided to all county employees and include metrics for impact and effectiveness.
F6
Some employees report they do not feel comfortable going to OCDA or county Human Resources Services staff to report incidents of harassment for fear they will not be afforded confidentiality, the complaint will be dismissed, or they will face retaliation.
Related Recommendations (1)
R6
The Board of Supervisors should hire an outside, independent investigator to investigate why the OCDA and county Human Resources Services departments are not being used in reporting by individuals in the Bureau.
F7
Under the current leadership, the Bureau is run much more like a police department than a support unit for a law firm and this has led several employees to invoke the law enforcement code of silence about alleged inappropriate behavior in the Bureau.
No recommendations for this finding
F8
There is a perception among some Bureau employees that some members of OCDA management have not consistently enforced the Orange County zero-tolerance policy towards sexual harassment. Penal Code §933 and §933.05 require governing bodies and elected officials to which a report is directed to respond to findings and recommendations. Responses are requested, from departments of local agencies and their non-elected department heads. RECOMMENDATIONS In accordance with California Penal Code Sections §933 and §933.05, the 2016-2017 Grand Jury requires (or, as noted, requests) responses from each agency affected by the recommendations presented in this section. The responses are to be submitted to the Presiding Judge of the Superior Court. Based on its investigation of “Another Hostile Work Environment? Orange County District Attorney Bureau of Investigation in Orange County, the 2016-2017 Orange County Grand Jury makes the following six recommendations:
No recommendations for this finding

Conclusions 1

Agency Responses 1

Government agencies' official responses to this report's findings and recommendations. Click on a response to see the structured breakdown.

No Responses Found 2

Government entities assigned to respond to this report. No response documents have been linked in our database.

Orange County Board of Supervisors Elected County Office
Orange County District Attorney Elected County Office