Score: +2 (3/5/1)

Stanislaus County Grand Jury • 2010-2011

Stanislaus County Civil Grand Jury The Stanislaus County Sheriff Case #11-10c

Published: June 23, 2010 5 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 and Recommendations 5 findings

F1

The Stanislaus County Civil Grand Jury finds that the Sheriff did participate in two separate political activities while in uniform. Therefore, the Stanislaus County Civil Grand Jury finds the Stanislaus County Sheriff violated Government Code section 3206.

Related Recommendations (1)

R1

It is the recommendation of the Stanislaus County Civil Grand Jury that the Sheriff and successors, refrain from wearing a uniform while participating in any political activity. Regardless of the intent, or the interpretation of the request to participate in any activity potentially political in nature, the Sheriff and successors should refrain from participating in the event(s) while in uniform, which is a direct violation of Government Code section 3206. 4

F2

Stanislaus County Civil Grand Jury finds no evidence to support the allegation that the Sheriff ignored the Cease and Desist letter because no evidence could be found to confirm he physically received the letter.

No recommendations for this finding

F3

The Stanislaus County Civil Grand Jury finds that the Hatch Act does not apply in this matter. The Stanislaus County Sheriff is a state constitutionally elected official. The position of Sheriff is neither wholly nor partially funded by the federal government.

No recommendations for this finding

F4

The Stanislaus County Civil Grand Jury finds the Stanislaus County Sheriff did not violate California Labor Code section 1101. Our investigation found no evidence to support the allegation that the Sheriff attempted to forbid or prevent any employee from engaging in political activities. Nor did he attempt to control or direct the political activities of any employee of the Stanislaus County Sheriff's Department.

No recommendations for this finding

F5

The Stanislaus County Civil Grand Jury finds the Stanislaus County Sheriff did not violate California Government Code section 3506. Our investigation found no evidence to support the allegation that the Sheriff attempted to interfere with, intimidate, restrain, coerce or discriminate against any Sheriff's Department employee for their exercising of a right to participate in any political activities.

No recommendations for this finding

Agency Responses 2

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

Sheriff

June 10, 2011 • 8 pages • 6 responses • Score: 0 (+0, 5, 0) View Details ▾

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6 responses to findings and recommendations

F1

The Stanislaus County Civil Grand Jury finds that the Sheriff did participate in two separate political activities while in uniform. Therefore, the Stanislaus County Civil Grand Jury finds the Stanislaus County Sheriff violated Government Code section 3206.

Response: Disagree Partially Score: 0

The respondent agrees with the finding. Lieutenant C. Harper and Sergeant M. White currently represent the Sheriff's Department on the selection committee. The men's jail is within compliance of CSA and Stanislaus County Health Services Agency F2. requirements. Response: The respondent agrees with the finding. Due to cutbacks and the federal consent decree, sheriff officials indicated that in the past F3. three (3) years, 424 prisoners were forced to be released early. That averages out to 141.3 inmates released annually back into the neighborhoods of Stanislaus County. Response: The respo...

R1

It is the recommendation of the Stanislaus County Civil Grand Jury that the Sheriff and successors, refrain from wearing a uniform while participating in any political activity. Regardless of the intent, or the interpretation of the request to participate in any activity potentially political in nature, the Sheriff and successors should refrain from participating in the event(s) while in uniform, which is a direct violation of Government Code section 3206. 4

Response: Unknown

Score: 0

The respondent agrees with the recommendation. As noted previously, the Sheriff's Department has two representatives on this committee. Additionally, representatives from both the Chief Executive Officer's office and the Sheriff's Department are working together to update the jail Master Plan, which includes the new courthouse site. R2. No recommendation. R3. Staffing level updates need to be upgraded to ensure public safety. <b>Response:</b> The respondent agrees with the recommendation. This is a budgetary issue the Sheriff's Department will continue to monitor and address as the local econo...

F2

Stanislaus County Civil Grand Jury finds no evidence to support the allegation that the Sheriff ignored the Cease and Desist letter because no evidence could be found to confirm he physically received the letter.

Response: Disagree Partially Score: 0

The respondent agrees with the finding. Due to cutbacks and the federal consent decree, sheriff officials indicated that in the past F3. three (3) years, 424 prisoners were forced to be released early. That averages out to 141.3 inmates released annually back into the neighborhoods of Stanislaus County. Response: The respondent agrees with the finding. Stanislaus 250 East Hackett Rd. • Modesto, CA 95358 (209) 525-7216 • FAX (209) 525-7106 www.StanislausSheriff.com STRIVING TO BE THE BEST Re: Response to Civil Grand Jury Report 11-30-GJ Page 2 of 7 As noted, a large number of inmates have be...

F3

The Stanislaus County Civil Grand Jury finds that the Hatch Act does not apply in this matter. The Stanislaus County Sheriff is a state constitutionally elected official. The position of Sheriff is neither wholly nor partially funded by the federal government.

Response: Disagree Partially Score: 0

The respondent agrees with the finding. Stanislaus 250 East Hackett Rd. • Modesto, CA 95358 (209) 525-7216 • FAX (209) 525-7106 www.StanislausSheriff.com STRIVING TO BE THE BEST Re: Response to Civil Grand Jury Report 11-30-GJ Page 2 of 7 As noted, a large number of inmates have been released into the community before completing their sentences. The Sheritf's Department continues to work diligently to ensure those who are released pose the least amount of risk to the community. The Sheriff's Department is also working to expand opportunities for inmates to participate in beneficial programs. ...

F4

The Stanislaus County Civil Grand Jury finds the Stanislaus County Sheriff did not violate California Labor Code section 1101. Our investigation found no evidence to support the allegation that the Sheriff attempted to forbid or prevent any employee from engaging in political activities. Nor did he attempt to control or direct the political activities of any employee of the Stanislaus County Sheriff's Department.

Response: Disagree Partially Score: 0

The respondent agrees with the findings. Medical/mental health and dental service appears to be satisfactory. F6. Response: The respondent agrees with the findings. Significant amounts of standing water are located in the secure portion of the jail's F7. basement. Response: The respondent agrees with the finding. This has been an on-going issue. Last year, the judges' parking lot adjacent to the Courthouse was re-payed, in part to address water issues in the tunnel leading from the jail to the Courthouse, which is directly below the parking lot. Although this project reduced the amount of ...

F5

The Stanislaus County Civil Grand Jury finds the Stanislaus County Sheriff did not violate California Government Code section 3506. Our investigation found no evidence to support the allegation that the Sheriff attempted to interfere with, intimidate, restrain, coerce or discriminate against any Sheriff's Department employee for their exercising of a right to participate in any political activities.

Response: Disagree Partially Score: 0

The respondent agrees with the findings. Medical/mental health and dental service appears to be satisfactory. F6. Response: The respondent agrees with the findings. Significant amounts of standing water are located in the secure portion of the jail's F7. basement. Response: The respondent agrees with the finding. This has been an on-going issue. Last year, the judges' parking lot adjacent to the Courthouse was re-payed, in part to address water issues in the tunnel leading from the jail to the Courthouse, which is directly below the parking lot. Although this project reduced the amount of ...

Sheriff

May 09, 2011 • 2 pages • 4 responses • Score: +2 (+3, 0, -1) View Details ▾

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4 responses to findings and recommendations

F1

The Stanislaus County Civil Grand Jury finds that the Sheriff did participate in two separate political activities while in uniform. Therefore, the Stanislaus County Civil Grand Jury finds the Stanislaus County Sheriff violated Government Code section 3206.

Response: Disagree Score: -1

The Stanislaus County Civil Grand Jury finds the Stanislaus County Sheriff violated Government Code section 3206. <b>Response</b>: The respondent disagrees with the finding. While I appreciate the time and effort of the Civil Grand Jury, I respectfully disagree with their conclusion that discussing public safety issues with those I command or with The Modesto Bee Editorial Board is a political event. Neither of the appearances mentioned were open to the public and both discussions were focused on budget, staffing, resource allocation, area command/decentralization, promotional/assignment decis...

F2

Stanislaus County Civil Grand Jury finds no evidence to support the allegation that the Sheriff ignored the Cease and Desist letter because no evidence could be found to confirm he physically received the letter.

Response: Agree Score: +1

The respondent agrees with the finding. The Stanislaus County Civil Grand Jury finds that the "Hatch Act" does not apply in this F3. matter. <b>Response:</b> The respondent agrees with the finding. Stanislaus 250 East Hackett Rd. • Modesto, CA 95358 (209) 525-7216 • FAX (209) 567-4417 www.StanislausSheriff.com STRIVING TO BE THE BEST The Honorable Ricardo Cordova May 9, 2011 Re: Response to Civil Grand Jury Report 11-10C Page 2 of 2 F4. The Stanislaus County Civil Grand Jury finds the Stanislaus County Sheriff did not violate California Labor Code section 1101. <b>Response</b>: The responde...

F3

The Stanislaus County Civil Grand Jury finds that the Hatch Act does not apply in this matter. The Stanislaus County Sheriff is a state constitutionally elected official. The position of Sheriff is neither wholly nor partially funded by the federal government.

Response: Agree Score: +1

matter. <b>Response:</b> The respondent agrees with the finding. Stanislaus 250 East Hackett Rd. • Modesto, CA 95358 (209) 525-7216 • FAX (209) 567-4417 www.StanislausSheriff.com STRIVING TO BE THE BEST The Honorable Ricardo Cordova May 9, 2011 Re: Response to Civil Grand Jury Report 11-10C Page 2 of 2 F4. The Stanislaus County Civil Grand Jury finds the Stanislaus County Sheriff did not violate California Labor Code section 1101. <b>Response</b>: The respondent agrees with the finding.

F5

The Stanislaus County Civil Grand Jury finds the Stanislaus County Sheriff did not violate California Government Code section 3506. Our investigation found no evidence to support the allegation that the Sheriff attempted to interfere with, intimidate, restrain, coerce or discriminate against any Sheriff's Department employee for their exercising of a right to participate in any political activities.

Response: Agree Score: +1

The Stanislaus County Civil Grand Jury finds the Stanislaus County Sheriff did not violate California Government Code section 3506. <b>Response</b>: The respondent agrees with the finding. Recommendations: R1. It is the recommendation of the Stanislaus County Civil Grand Jury that the Sheriff and successors refrain from wearing a uniform while participating in any political activity. <b>Response:</b> The respondent agrees with the recommendation and intends to implement the recommendation. The Office of the Sheriff is a constitutionally elected office and can only be held by a peace officer as...

No Responses Found 1

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