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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.

Score: +3 (12/9/9)

El Dorado County Grand Jury • 2002-2003

District Attorney's Offices

4 pages

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⚠️ 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.

Findings 19 findings

F1 Page 150

First front entry step is too high and there’s a separation between it and sidewalk, creating a potential liability.

F2 Page 150

The size of the parking lot is inadequate for the use of the building.

F3 Page 150

The building exterior paint is peeling.

F4 Page 150

Paint on exterior wrought iron fixtures is chipped and rusting.

F5 Page 150

The building HVAC vents/registers are dirty and pose health concerns.

F6 Page 150

The conference room and the map room are cluttered.

F7 Page 150

The conference room ceiling paint is chipping.

F8 Page 150

There is a room full of older computer equipment waiting disposition by Information Services.

F9 Page 150

Hallways are utilized for storing files.

F10 Page 150

Although there are fire drill procedures, no fire drills have been held.

F11 Page 150

The building has no fire sprinkler system. District Attorney Annex – Building 226

F12 Page 150

The exterior walls are cracked.

F13 Page 150

There is evidence of previous water leaks on the ceiling.

F14 Page 150

The building HVAC vents/registers are dirty and pose health concerns.

F15 Page 150

Although there are fire drill procedures, no fire drills have been held. Victim/Witness Program - Building

F16 Page 151

Ceiling tiles are cracked and/or chipped.

F17 Page 151

The building HVAC vents/registers are dirty and pose health concerns.

F18 Page 151

Although there are fire drill procedures, no fire drills have been held.

F19 Page 151

The premises have no fire sprinkler system.

Recommendations 14

R1
Page 151

First front entry step and sidewalk should be corrected to meet current code requirements.
R2
Page 151

The building exterior and wrought iron paint should be properly maintained.
R3
Page 151

The building HVAC vents/registers should be periodically cleaned.
R4
Page 151

The conference room and map room should be clear of clutter.
R5
Page 151

The conference room ceiling paint should be properly maintained.
R6
Page 151

The unutilized older computer equipment should be removed from the building.
R7
Page 151

Fire drills should be held on a periodic basis. District Attorney – Annex – Building 226
R8
Page 151

The building HVAC vents/registers should be periodically cleaned.
R9
Page 151

The exterior walls should be properly maintained.
R10
Page 151

Water leakage source should be investigated and repaired as needed.
R11
Page 151

Fire drills should be held on a periodic basis. Victim/Witness Assistance Program – Building
R12
Page 151

The building HVAC vents/registers should be periodically cleaned.
R13
Page 151

Cracked and chipped ceiling tiles should be replaced.
R14
Page 151

Fire drills should be held on a periodic basis. Responses Required for Findings

Agency Responses 3

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

District Attorney - Building 221

December 05, 2002 • 6 pages • 15 responses • Score: +11 (+11, 3, 0) View Details ▾

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15 responses to findings and recommendations

First front entry step is too high and there’s a separation between it and sidewalk, creating a potential liability.

Response: Agree Score: +1

The respondent agrees with the finding. F2. The size of the parking lot is inadequate for the use of the building.

First front entry step and sidewalk should be corrected to meet current code requirements.

Response: Will Implement

Score: +1

The recommendation has not yet been implemented, but will be implemented in the future. The sidewalk falls under the City of Placerville's jurisdiction. General Services will request that the City of Placerville repair the sidewalk, and meanwhile will place a "caution" sign on steps. General Services will make the request to the City of Placerville by September 1, 2003, but will place the caution sign on the steps immediately. General Services will follow-up with the City of Placerville until the condition has been corrected. R2. The building exterior and wrought iron paint should be properly ...

The size of the parking lot is inadequate for the use of the building.

Response: Agree Score: +1

The respondent agrees with the finding. F3. The building exterior paint is peeling.

The building exterior and wrought iron paint should be properly maintained.

Response: Will Implement

Score: +1

The recommendation has not yet been implemented, but will be implemented in the future. General Services is in the process of awarding a contract for the painting of the entire exterior of this building. An element of this work will include the painting of the wrought iron fixtures. The repainting of the building and wrought iron fixtures is scheduled to be complete by September 2003. R3. The building HVAC vents/registers should be periodically cleaned.

The building exterior paint is peeling.

Response: Agree Score: +1

The respondent agrees with the finding. F4. Paint on exterior wrought iron fixtures is chipped and rusting.

The building HVAC vents/registers should be periodically cleaned.

Response: Will Implement

Score: +1

The recommendation has not yet been implemented, but will be implemented in the future. General Services has scheduled to clean the vents and registers. The work will be completed by October 31, 2003. R4. The conference room and map room should be clear of clutter.

Paint on exterior wrought iron fixtures is chipped and rusting.

Response: Disagree Partially Score: 0

The respondent disagrees partially with the finding. F5. The building HVAC vents/registers are dirty and pose health concerns.

The conference room and map room should be clear of clutter.

Response: Unknown

Score: 0

The recommendation has implemented. The conference room has been cleared of all clutter except for computer stations set up on the conference table. These computer stations are used for training purposes. The map room has also been cleared of clutter with the exception of on-going projects or work in progress. R5. The conference room ceiling paint should be properly maintained. 172

The building HVAC vents/registers are dirty and pose health concerns.

Response: Disagree Partially Score: 0

The respondent disagrees partially with the finding. The respondent agrees that HVAC vents and registers are dirty and in need of cleaning. The respondent is not aware of any health issues relevant to the HVAC vents and registers being dirty. F6. The conference room and the map room are cluttered.

The conference room and the map room are cluttered.

Response: Agree Score: +1

The respondent agrees with the finding F7. The conference room ceiling paint is chipping.

The conference room ceiling paint is chipping.

Response: Agree Score: +1

The respondent agrees with the finding F8. There is a room full of older computer equipment waiting disposition by Information Services.

There is a room full of older computer equipment waiting disposition by Information Services.

Response: Agree Score: +1

The respondent agrees with the finding F9. Hallways are utilized for storing files. 170

Hallways are utilized for storing files.

Response: Agree Score: +1

The respondent agrees with the finding F10. Although there are fire drill procedures, no fire drills have been held.

F10

Although there are fire drill procedures, no fire drills have been held.

Response: Agree Score: +1

The respondent agrees with the finding F11. The building has no fire sprinkler system.

F11

The building has no fire sprinkler system. District Attorney Annex – Building 226

Response: Disagree Partially Score: 0

The respondent disagrees partially with the finding. The response is qualified as follows: Due to the age of the building, fire code does not require a sprinkler system until a major remodel is done. District Attorney Annex - Building 226 F12. The exterior walls are cracked.

District Attorney Response(PDF, 6MB)

August 22, 2003 • 45 pages • 19 responses • Score: -7 (+1, 6, -8) View Details ▾

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19 responses to findings and recommendations

The prisoners’ entrance door is rusting.

Response: Disagree Partially Score: 0

F1. The District Attorney involved himself in "Friend's" Court proceedings with the Complainant. The respondent disagrees partially with the finding. The name of my "Friend" is Jeanette McDonald and the "Complainant's" name is David Gallo. There is a very long history of court proceedings between Ms. McDonald and Mr. Gallo regarding child custody and child support issues. Mr. Gallo has filed false police reports on several occasions and he has also filed numerous frivolous and harassing motions with the court which required Ms. McDonald to appear in court ove

The prisoners’ entrance door should be repaired and painted.

Response: Will Not Implement

Score: -1

R1: The District Attorney should establish proper written procedures for all cases involving potential conflict of interest. The recommendation will not be implemented because it is not warranted. As discussed above, the California Attorney General's Office publishes a manual for the handling of cases involving a potential conflict of interest. In conjunction with the current written procedures the District Attorney's has, these types of cases are dealt with according to the proper legal and ethical guidelines.

The prisoners’ entrance wooden door frame is deteriorating.

Response: Disagree Partially Score: 0

F2. The District Attorney's Office continues to handle "Friend's" son's criminal cases resulting in the appearance of impropriety to the public. The respondent disagrees partially with the finding. While it is true that Ms. McDonald's son's cases continue to be prosecuted by this office, I have no direct or indirect input, contact, or knowledge of the cases. Other prosecutors in our office have been instructed to keep me completely isolated from these cases and to prosecute these cases using the same standards and guidelines as any other cases we handle. This method of handling cases which...

The prisoners’ entrance door frame should be repaired.

Response: Unknown

Score: 0

r 2 some reason, you can arrange for that. We're only talking ٠. .. 3 about eight sessions here. 4 I understand that, but my fear is, Your MR. GALLO: 5 Honor, we'll get it set up, I'll be making positive 6 movements in the right direction, submit the letter from 7 the psychologist to Ms. McDonald and like with Tim Rood 8 she'll refuse to deliver her child to the session like she's 9 supposed to. 10 THE COURT: Then what would happen is you and 11 Ms. McDonald would and the therapist would arrange a mutually 12 convenient time. Okay? 13 And I'm going to direct you, Ms. McDonald, not to be 14 unr...

The downspouts at rear of the building are not connected to the drainage field pipes. 148

Response: Disagree Score: -1

F3. The District Attorney did not follow his office procedures relating to the logging in and custody of "Friend's" weapon. Respondent disagrees wholly with the finding. The firearm belonging to Ms. McDonald which I took possession of and logged into a safe in the District Attorney's Office, was done in accordance with the law and office procedures. The log clearly shows when it was received and when it was returned. Further, paperwork filed with the court is consistent with these facts. Attached as Exhibit D is a copy of a court document showing Ms. McDonald turned her firearm over to me purs...

The downspouts at rear of the building should be reconnected to the drainage field pipes.

Response: Will Implement

Score: +1

R3. The personal safe and evidence locker should be audited annually. The recommendation has not yet been implemented, but will be implemented in the future. We will establish a written procedure for the auditing of the evidence room of the District Attorney's Office as well as the safe in my office. This audit will be conducted at the beginning of each fiscal year.

The rain gutters are full of leaves and pine needles.

Response: Disagree Partially Score: 0

F4. The District Attorney has $1,254.00 in his personal office safe for eight years and cannot explain this. The respondent disagrees partially with the finding. I have $1,254.00 in the safe in my personal office but I know precisely where it came from and why it is there. This again is another example of how the Grand Jury only asked limited questions and therefore only received limited responsive information. The Grand Jury then proceeded to make assumptions based upon incomplete information and the result is a completely inaccurate finding. To further explain how this happened, which sh...

The rain gutters should be cleaned.

Response: Unknown

Score: 0

r 4 5 __.neputy 6 7 8 SUPERIOR COURT OF CALIFORNIA COUNTY OF EL DORADO 9 10 In re Case No PD-4934 11 DAVID M W GALLO, DECLARATION & NOTICE OF COMPLIANCE - RELINQUISHMENT OF 12 Petitioner, FIREARMS 13 and 14 JEANETTE MCDONALD, 15 Respondent 16 17 <math>{\rm I}</math>, Jeanette McDonald, respondent in the above titled action, declare that <math>{\rm I}</math> have 18 surrendered all firearms in or subject to my immediate possession or control, pursuant 19 to the Order to Show Cause and Temporary Restraining Order filed July 8, 1999 by 20 Petitioner David Gallo, and person...

The HVAC vents/registers are dirty.

Response: Disagree Score: -1

F5. The District Attorney does not maintain a complete and proper evidence log of the contents of his personal office safe. The respondent disagrees wholly with the finding. During my testimony before the Grand Jury, I discussed the safe in my office and a general description of its contents. I mentioned that there were files in my safe which were not listed on the property log. These were personnel files with confidential information that I stored in the safe in a separate compartment. They do not constitute stored evidence or property and therefore are not listed on the report. This shou...

The HVAC vents/registers should be periodically cleaned.

Response: Requires Analysis

Score: 0

R5. To avoid the appearance of conflict of interest, the District Attorney should set up a written protocol regarding cases whenever the accused is related to or has a relationship with an employee in the District Attorney's Office, including the District Attorney. The recommendation requires further analysis. I am very concerned about the appearance of a conflict of interest in the work we perform. While the law does not recognize an appearance of a conflict of interest as a legal basis for recusal of a prosecutor's office, the El Dorado County District Attorney's Office has always attempted ...

The courtroom ceiling tiles are water stained.

Response: Unknown Score: 0

F6. The District Attorney hired "Friend" to work in his office on several occasions, most recently Decembe

The courtroom and office area walls have cracks.

Response: Disagree Partially Score: 0

F7. The District Attorney's "Friend" working in his office has created a perception of favoritism and an adverse effect on the staff morale. The respondent disagrees partially with the finding. I am not personally aware of what specific complaints if any, the Grand Jury received about adverse effects on morale that Ms. McDonald working on a temporary basis as an extra-help employee may have caused. I am certainly sensitive to staff morale and I realize that the morale of a few employees may have been effected. However, I took every reasonable precaution to ensure that Ms. McDonald was not ...

The cracks in the courtroom and office area walls should be repaired.

Response: Unknown

Score: 0

r 7.0 in this position and our records show that on that date, you had four incumbents: Landroche, Hayes, Tenley, and Long. In Legal Office Assistant, Human Resources show the following incumbents as o

The drinking fountain fascia plate is improperly attached.

Response: Disagree Score: -1

F8. The District Attorney had an ex parte communication with a Court Commissioner in violation of Rule 5-300 of the California Rules of Professional Conduct for attorneys. The respondent disagrees wholly with the finding. During the ongoing child custody matters I alluded to earlier, Ms. McDonald had primary custody of the daughter she shares with Mr. Gallo. This daughter's name is Holly. Mr. Gallo had visitation on a periodic basis with Holly. On July 8, 1999, Mr. Gallo sought and received a restraining order from the El Dorado County Superior Court against Ms. McDonald. Ms. McDonald was ...

The District Attorney misled a Court Commissioner with a false statement of fact in violation of Business & Professions Code, Section 6068 (d).

Response: Disagree Score: -1

F9. The District Attorney misled a Court Commissioner with a false statement of fact in violation of Business & Professions Code, Section 6068 (d). The respondent disagrees wholly with the finding. It is unknown what the Grand Jury is referring to by this finding other than the reference on page 28 of the report wherein the Grand Jury states that I am reported to have told Commissioner Emery that I asked another Judge to vacate the Commissioner's order. This is absolutely untrue. I never asked another Judge to vacate Commission Emery's order nor did I say or imply that I had asked another Judg...

F10

The District Attorney misrepresented facts regarding his communication with the Commissioner to the State Bar of California and to this Grand Jury.

Response: Disagree Score: -1

F10. The District Attorney misrepresented facts regarding his communication with the Commissioner to the State Bar of California and to this Grand Jury. The respondent disagrees wholly with the finding. This is absolutely an untrue statement and relates to

F11

The District Attorney sent a letter to the Grand Jury misquoting Rule 5-300 of the California Rules of Professional Conduct for attorneys.

Response: Disagree Partially Score: 0

F11. The District Attorney sent a letter to the Grand Jury misquoting Rule 5-300 of the California Rules of Professional Conduct for attorneys. The respondent disagrees partially with the finding. Upon the conclusion of my Grand Jury testimony, I was given the standard admonition given to all witnesses about not discussing my testimony with anyone until the investigation was concluded. There was however, some additional information I wanted to provide to the Grand Jury regarding the law on ex parte communications with judicial officers. I felt this was necessary because it became apparent duri...

F12

Sworn testimony by the District Attorney and other witnesses conflicts in important and significant details.

Response: Disagree Score: -1

F12. Sworn testimony by the District Attorney and other witnesses conflicts in important and significant details. The respondent is unable to agree or disagree with this finding because I was not present to hear whether there were discrepancies in the testimony taken. The first observation I would make is that the events which were investigated by this Grand Jury and reported in this report occurred some 4-6 years ago. There are always some discrepancies in the statements of witnesses observing the same recent incident and the discrepancies increase as time passes. This fact is even set forth ...

F13

Portions of the District Attorney’s testimony and documentation were found to be lacking in truth and veracity.

Response: Disagree Score: -1

F13. Portions of the District Attorney's testimony and documentation were found to be lacking in truth and veracity. The respondent disagrees wholly with the finding. I did not testify falsely before the Grand Jury, nor did I provide any false documentation to them. If I had, it would have been a crime and the Grand Jury should have indicted me. The fact that they did not indict me nor even mention in their "Recommendations" anything about misconduct on my part, speaks volumes to the complete lack of any truth to this finding. This Grand Jury is lacking in truth and veracity. Had any other gov...

District Attorney Response(PDF, 770KB)

September 26, 2000 • 6 pages • 1 response • Score: -1 (+0, 0, -1) View Details ▾

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