San Diego County Grand Jury
• 2017-2018
Citizens’ Law Enforcement Review Board (clerb)
⚠️ 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 7 findings
F01
It is CLERB’s mission and responsibility to investigate, review and recommend policy changes to the Sheriff’s or Probation departments respectively. Fact: CLERB has a history, dating back to 2010, of summarily dismissing cases. Fact: The Board consists of 11 volunteers from the five Supervisorial Districts. Fact: The CLERB Investigative Unit currently consists of five county employees, an Executive Officer, three Special Investigators, and an administrative assistant. Fact: There is no training manual for the Investigative Unit. Fact: The Rules and Regulations manual is in need of updating. Fact: The Board is responsible for hiring and reviewing the performance of the Executive Officer. Fact: The CLERB Investigative Unit has experienced periodic personnel shortages since November 2016 due to personal leave and staff vacancies. Fact: The Executive Officer is responsible for hiring and reviewing the performance of the investigators and administrative assistant. 6
F02
The position of Executive Officer remained vacant at times, impeding the ability of remaining staff to handle investigative workloads.
F03
Board and Investigative Unit shortages contributed to death cases not being investigated within POBOR time limitations. A responsibility CLERB did not meet resulting in 22 death cases being dismissed. Fact: POBOR has a time limit for completing investigation of cases. Fact: The CLERB Investigative Unit was not aware that the one-year limitation on investigations as specified in POBOR applied to death cases nor did they seek a legal opinion on that issue prior to June 2017. Fact: The CLERB Board supervises the Executive Officer. Fact: The Executive Officer supervises the special investigators and the administrative assistant.
F04
Lack of Board oversight of the Investigative Unit contributed to death cases remaining uninvestigated well beyond POBOR time limitations. Fact: The Executive Officer has compiled applications for Board positions in the past.
F05
There exists a potential for bias toward the selection of Board membership when the Executive officer is involved in the selection process. Fact: CLERB falls under the Public Safety Group of the County of San Diego. Fact: The Public Safety Group includes the Sheriff, Probation Department.
F06
Removing CLERB from the Public Safety Group will provide additional independence from those departments that CLERB reviews. Fact: County Counsel has a duty to advise and defend the County on legal matters.
F07
County Counsel may have a conflict of interest when CLERB investigates issues that may raise liability to the County.
Recommendations 8
-
18-26Page 7Funding another Special Investigator position thus allowing the Executive
-
18-27Page 8Removing the CLERB Executive Officer from any involvement with
-
18-28Page 8Updating regulations for the selection of Board Members in the CLERB
-
18-29Page 8Directing the Executive Officer to develop and monitor a checklist, including
-
18-30Page 8Ensuring that the CLERB Board evaluate the performance of the Executive
-
18-31Page 8Filling open positions in the Investigative Unit as soon as they
-
18-32Page 8Developing a Training Manual for the Investigative Unit.
-
18-33Page 8Moving CLERB from the Public Safety Group to another Group in the