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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.

Placer County Grand Jury • 2016-2017

Placer County Grand Jury Lincoln City Government Transparency What Happened to Our Police Chief?

Published: July 01, 2016 7 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.

Note: Missing finding numbers detected: F3, F4, F5

Findings 7 findings

It was clearly stated in the employment agreement that the Chief would not be entitled to severance upon his resignation. However, in the Settlement Agreement the City of Lincoln granted the Chief all the severance benefits listed in the employment agreement.

The City of Lincoln was not transparent in dealing with the Chief’s resignation. Conclusion There are strong opinions on both sides surrounding the City of Lincoln’s decision not to release documents pertaining to the resignation of the Lincoln Police Chief. The Grand Jury has exercised its authority to review documents not accessible to the media or the general public. Based on this review, the Grand Jury accepts that the City of Lincoln properly exercised its discretion to accept the Chief’s resignation. Lincoln News Messenger article dated July 25, 2016. The Grand Jury accepts the City of Lincoln’s decision to refuse to release the list of LPOA grievances and the independent investigation of the Chief. It is unclear why the City of Lincoln has refused to release to the public the Settlement Agreement negotiated between the City and the Chief. The Grand Jury recognizes that there are differing opinions on this and points out that the Superior Court could make a final determination. The Grand Jury notes that a request for a court order has not been filed by any party in this case. Further, the Grand Jury does not take a position on whether or not a request for a court order would be successful in this situation. It is the Grand Jury’s opinion that the City of Lincoln should make every effort to be more transparent with its citizens.

In addition to the emergency shelter, the County has provided needed services through the ASOC, including outpatient/inpatient evaluation of emotional issues, substance abuse and mental health services.

The additional law enforcement resources have addressed the need for improved security in and around the Dewitt Center.

Three of the four roles included in the Continuum of Care provision of the HEARTH Act involve emergency, transitional and permanent housing for the homeless. The study conducted by Dr. Marbut concluded there should be a permanent 24/7 shelter in both north and south Placer County. The County has not resolved whether there should be a 24/7 permanent shelter and, if so, where it should be located.

For the past two years, the County has been telling local residents that the emergency shelter in DeWitt Center is temporary. Despite these assurances, the County has not identified a site for a permanent shelter located elsewhere and continues to permit renewed operation of the temporary shelter at DeWitt Center through renewed Site Access Agreements, short-term funding and zoning efforts.

F10

While significant efforts have been made by all stakeholders, there has been no substantial progress in resolving the issue of the need and location of permanent homeless shelter(s). Conclusion The 2014 report provided by Dr. Robert Marbut concluded that there should be homeless shelters in Placer County operating 24 hours per day, 7 days per week, providing shelter and services for men and women in need. The BOS established a temporary shelter at the DeWitt Center, overcoming zoning issues with a temporary Site Access Agreement. The operation of the shelter could not be continued without a change in zoning. By adding Heavy Commercial zone district to the zones permitted for emergency shelters, the BOS is able to extend review of the Conditional Use Permit for a shelter at the DeWitt Center beyond the March 31, 2017 termination date for the Temporary Conditional Use Permit. On May 10, 2017 the BOS voted to extend the conditional use permit to allow continued operation of the temporary homeless shelter in the DeWitt Center for up to 5 additional years. While the need for emergency shelter for homeless men and women remains relatively undisputed, the physical location of such a facility has been a point of contention. The BOS vote on expanded zone districts for emergency shelters is a first step toward a long-term solution. The emergency shelter at the DeWitt Center has been repeatedly designated as a temporary facility. - Now that Heavy Commercial zone district has been added to those zone districts that are permitted for emergency shelters, the BOS could decide (1) to make the current shelter at the DeWitt Center permanent, (2) decide on another location for a shelter, or (3) decide not to operate a 24/7 facility at all. -

Recommendations 4

R1

The City of Lincoln adhere to all terms of employment agreements they negotiate and not make generous settlements when not required and justified.
R2

The City of Lincoln release a copy of the Settlement Agreement they negotiated with the Police Chief to the public they serve. Request for Responses: Recommendations Response Due Date Requiring Response Mr. Matt Brower R1, R2 August 31, 2017 Lincoln City Manager 600 6th Street Lincoln, CA 95648 Lincoln City Council R1, R2 September 30, 2017 Lincoln City Hall 600 6th Street Lincoln, CA 95648 Copies Sent to: Ms. Carol Feineman Editor, Lincoln News Messenger 553 F Street Lincoln, CA 95648
R3

The County continue its efforts in outreach and assessment while seeking a permanent location for a 24/7 shelter. The County needs to resolve the issue of a need for emergency shelters in both north and south Placer County.
R4

The County make a decision on the number and location of emergency shelters by March 2018.

Conclusions 1

CL1

There are strong opinions on both sides surrounding the City of Lincoln’s decision not to release documents pertaining to the resignation of the Lincoln Police Chief. The Grand Jury has exercised its authority to review documents not accessible to the media or the general public. Based on this review, the Grand Jury accepts that the City of Lincoln properly exercised its discretion to accept the Chief’s resignation. 3 Lincoln News Messenger article dated July 25, 2016. - 5 - The Grand Jury accepts the City of Lincoln’s decision to refuse to release the list of LPOA grievances and the independent investigation of the Chief. It is unclear why the City of Lincoln has refused to release to the public the Settlement Agreement negotiated between the City and the Chief. The Grand Jury recognizes that there are differing opinions on this and points out that the Superior Court could make a final determination. The Grand Jury notes that a request for a court order has not been filed by any party in this case. Further, the Grand Jury does not take a position on whether or not a request for a court order would be successful in this situation. It is the Grand Jury’s opinion that the City of Lincoln should make every effort to be more transparent with its citizens.