Oakland 911 Still Lacking a Timely Response

Conclusions 13

• CL1
  to act as the public watchdog by investigating and reporting on the affairs of local government;
• CL2
  to make an annual examination of the operations, accounts and records of officers, departments or functions of the county, including any special districts;
• CL3
  to inquire into the condition and management of jails and prisons within the county;
• CL4
  to weigh allegations of misconduct against public officials and determine whether to present formal accusations requesting their removal from office; and
• CL5
  to weigh criminal charges and determine if indictments should be returned. Additionally, the Grand Jury has the authority to investigate the following:
• CL6
  all aspects of county and city government, including over 100 special districts; and
• CL7
  the books, records and financial expenditures of any government agency including cities, schools, boards, and commissions. Many people have trouble distinguishing between the Grand Jury and a trial jury. Trial juries are impaneled for the length of a single case. In California, most civil grand juries consist of 19 citizen volunteers who serve for one year and consider a number of issues. Most people are familiar with criminal grand juries, which only hear individual cases and whose mandate is to determine whether there is enough evidence to proceed with a trial. This report was prepared by a civil Grand Jury whose role is to investigate all aspects of local government and municipalities to ensure government is being run efficiently, and that government monies are being handled appropriately. While these jurors are nominated by a Superior Court judge based on a review of applications, it is not necessary to know a judge in order to apply. From a pool of 25–30 accepted applications, 19 members are randomly selected to serve. 111 2022–2023 Alameda County Grand Jury Final Report _______________________________________________________________________________________ History of Grand Juries One of the earliest concepts of a Grand Jury dates back to ancient Greece where the Athenians used an accusatory body. Others claim the Saxons initiated the Grand Jury system. By the year 1290, the accusing jury was given authority to inquire into the maintenance of bridges and highways, the defects of jails, and whether the sheriff had kept in jail anyone who should have been brought before the justices. The Massachusetts Bay Colony impaneled the first American Grand Jury in 1635 to consider cases of murder, robbery, and wife beating. Colonial grand juries expressed their independence from the crown by refusing in 1765 to indict leaders of the Stamp Act or bring libel charges against the editors of the Boston Gazette. The union with other colonies to oppose British taxes was supported by a Philadelphia Grand Jury in 1770. By the end of the colonial period, the Grand Jury had become an indispensable adjunct of government. Grand Jury Duties The Alameda County Grand Jury is a constituent part of the Superior Court, created for the protection of society and the enforcement of law. It is not a separate political body or an individual entity of government, but is a part of the judicial system and, as such, each grand juror is an officer of the court. Much of the Grand Jury's effectiveness is derived from the fact that the viewpoint of its members is fresh and unencumbered by prior conceptions about government. With respect to the subjects it is authorized to investigate, the Grand Jury is free to follow its own inclinations in investigating local government affairs. The Grand Jury may act only as a whole body. An individual grand juror has no more authority than any private citizen. Duties of the Grand Jury can generally be set forth, in part, as follows:
• CL8
  The 2022–2023 Grand Jury has found the same personnel issues first reported by the 2019– 2020 Grand Jury. Hiring has been slightly streamlined, but there are still far too many vacancies. Human Resources Management should work with the union representation to assess other means to increase staffing, such as competitive salaries and benefits, or the use of non-sworn instead of sworn officers for the supervisors and managers. The staffing level does not meet the recommendations of the 2017 City of Oakland Audit nor the independent audit in 2019 by Federal Engineering, Inc. The recommendations made by the 2019–2020 Grand Jury in still stand: Hire more managers, operators, and dispatchers; hire them more quickly; distribute the work shifts to match the workload, and minimize the mandatory overtime that is causing stress, absenteeism and attrition. Until this is done, there simply aren't enough bodies employed at the ECC to answer phone calls in a timely manner. The other major concern is the stalled technology upgrade. The situation appears to be getting more dire, as key people leave, the remaining team members are unable to implement the 32 2022–2023 Alameda County Grand Jury Final Report _______________________________________________________________________________________ work, the patrol officers are resisting, and the 20-year-old system is waiting to fail catastrophically.
• CL9
  The dire need for more mental health services for incarcerated people has been known for years. The State system was found to be underserving mentally ill prisoners in 2011. Babu v. Ahern brought more focus to the growing mental health issues that persons in custody were experiencing at Santa Rita Jail in 2018. The resulting Consent Decree encompasses many needed changes and, equally importantly, spurred the County into action on the construction of a mental health facility at SRJ. It is to the detriment of incarcerated persons, 50 2022–2023 Alameda County Grand Jury Final Report _______________________________________________________________________________________ and to County itself, that the $54M funding received in 2015 did not prompt immediate action. The impacts caused by the delayed construction of the Mental Health Program Service Unit have had serious consequences for inmates struggling with mental health issues in Santa Rita Jail as evidenced in the suit Babu v Ahern and the resulting Consent Decree mandating radical changes in mental health care treatment at SRJ. Since January 2023, SRJ reported five suicides. With a best-case scenario targeted completion date of 2028, any further preventable delays would be disastrous. The questions posed by the Joint Legislative Budget Committee (JLBC) mirror those the Grand Jury has grappled with through this investigation, particularly those about the care, stabilization and housing of persons with severe to serious mental illness who will not be accommodated in the MHPSU. Perhaps the JLBC could be prevailed upon for funds to build the initial structure with two housing units remodeled for severe patients and a medical building constructed attaching the two units; as well as the revised MBH to serve as a treatment center for less severe patients, education and counseling facilities, and office space for clinical staff? Regardless, the JLBC questions need to be addressed as soon as possible to avoid a delay in excess of three months. The County “matching funds” increase of $19M for the scope change to the Mental Health Program Service Unit remains a concern. As the construction moves further and further down the road, considerations about inflation, increased costs for labor, building materials as the construction may bring the County’s ability to cover continued increases in costs to halt the project altogether. The GSA continues to coordinate with the Alameda County Sheriff’s Office, Behavioral Health Care Services and BSCC to ensure the needs of these very different stakeholders are met in the context of how the new MHPSU will serve each agency. The Grand Jury is cautiously optimistic that there has been some improvement in communication and collaboration between all parties involved in the MHPSU project. The GSA and the Alameda County Sheriff’s Office are under new leadership and the focus of both departments point toward an atmosphere of cooperation. In order to ensure effective oversight, the Board of Supervisors should receive quarterly reports from the GSA on the status of the MHPSU project with evidence of progress made. The benefit of quarterly reports allows the Board of Supervisors to review, prevent delays, avoid problems and potentially reduce lawsuits, like Babu vs. Ahern. Adherence to the project schedule and budget mean more time and money to complete and support other County projects. 51 2022–2023 Alameda County Grand Jury Final Report _______________________________________________________________________________________ A constant theme from witnesses speaks to staff shortages in all County departments concerned in the MHPSU project. It is important that the Board of Supervisors give direction to Human Resource Services to develop a new hiring model to correct this problem affecting GSA, the County Administrators' office, Alameda County Sheriff’s Office, Behavioral Health Care Services and the County as a whole. At the very least, conducting the promised audit of GSA could point to areas that need immediate attention, along with a progressive plan to staff the department fully. Without adequate staffing, management will not be able to organize and direct workflow and procedures to assist all employees in meeting their goals with alacrity. The Mental Health Program Service Unit project is different from other county building projects because it is partially funded through a Lease Revenue Bond Agreement. The review and approval process from multiple State Agencies is onerous and lacks concentrated coordination. This has contributed to the delays in ways that the County, sadly, has no control over. However, strict attention to project coordination and avoiding costly delays is even more critical. As questions swirl regarding how well the redesigned Mental Health Program Service Unit will serve the mentally ill population at Santa Rita Jail, the focus needs to shift to those individuals in desperate need of care. Ideally, an interim model would be set up to deliver more targeted mental health care to persons in custody now rather than later.
• CL10
  Alameda County has no ethics policy or code of conduct that applies to all county officials, employees, vendors and volunteers. The County also lacks a whistleblower program for use by employees and the general public. Despite repeated findings from prior Grand Juries on ethical violations, and a specific recommendation to establish an ethics policy and reporting mechanism in 2015, the Board of Supervisors has not acted for nearly a decade. Alameda County’s lack of an Ethics Policy and Code of Conduct specific to the County indicates that ethical government is not a priority. The BoS claim that “adequate safeguards are in place” to address the ethical needs of the County is a bare minimum effort and proves insufficient to provide ethical guidance and standards for all Alameda County employees. The established laws and codes regarding conflict of interest, public disclosure of personal assets and provisions that exist to protect employees for disclosing information provide important components, but by themselves do not comprise a full ethics policy or code of conduct. As one witness put it, “A better practice would be to sunlight opportunity for grievances before they go too far.” The potential for ethical misconduct in a county as large as Alameda County is great and ethical dilemmas can arise in every department at all levels of employment. Explicit guidance from the BoS in the form of an ethics policy and code of conduct, combined with education for all Alameda County employees, direction from supervisors to report abuses, and the tools to report violations encourage all employees of the County to hold themselves and the County accountable to the highest standards of government. The current policy of limiting ethical training to top officials and supervisors is inadequate. An ethics policy cannot fully function without the capability of reporting and tracking complaints with a whistleblower program. When reports are handled in consistent and relevant ways, employees perceive their input makes a difference and are more likely to report abuses in the 69 2022–2023 Alameda County Grand Jury Final Report _______________________________________________________________________________________ future. A public report of complaints and their resolutions promotes transparency and accountability and provides important information to the citizens of Alameda County. The Board of Supervisors has the authority to establish a Countywide Ethics Policy and Code of Conduct; the implementation of which need not be a reinvention of the wheel. Resources abound on the web with direction on determining core values and ethical principles, how to establish both ethical policy and codes of conduct and setting up a recording and tracking process. One need only look to neighboring counties for examples of all. The development and adoption by the Board of Supervisors of a Countywide ethics policy, including a code of conduct, and a comprehensive whistleblower program will follow the best practices encouraged by national studies and embraced by other Bay Area cities and counties. If the Board of Supervisors is, in fact, “committed to avoiding conflicts of interest and maintaining high ethical standards,” it is long overdue.
• CL11
  Residents of Alameda County expect that elected and appointed employees of the County will do their work with integrity. To most, this means that employees respect and follow the laws, policies and guidelines of the State of California, County of Alameda, and the offices and agencies in which they serve. If the behavior of County employees does not meet this standard, then the confidence of residents in the integrity of County employees and the work they do, and the operations of local government may be compromised. Based on the evidence, the Grand Jury found that many staff in the District Attorney’s Office failed to follow County policies regarding employee behavior during the 2018 political campaigns for Alameda County District Attorney. Despite knowing that District Attorney’s Office employees acted in violation of County policies, there were no immediate consequences for their behavior. This unfortunate situation was driven by staff fears of change in the Office in a rigorously fought election. The Grand Jury reviewed an additional cache of emails for the campaign period leading up to the 2022 General Election for District Attorney. The Grand Jury found that for that time period, District Attorney’s Office employees sent only a handful of campaign-related emails using the Alameda County email system. The Grand Jury recommends that changes are needed to help assure the community that District Attorney’s Office staff are working on behalf of Alameda County residents ethically and honestly. All County employees need rigorous education, annually and during election seasons, about policies related to State and County rules regarding their behavior during political campaigns. Residents of the County, as well as County employees, also need a clear mechanism to report incidents of violations of these policies. And they need to know that complaints will be investigated, that consequences of policy infringement will be administered promptly and fairly, and that a complainant will know that their complaint has been addressed. 78 2022–2023 Alameda County Grand Jury Final Report _______________________________________________________________________________________
• CL12
  Investigating allegations of child abuse and neglect is difficult, fast-paced, and stressful work that often requires a response within hours of receiving a referral. The Grand Jury commends the child welfare staff who are committed to protecting children and working to create safe family situations for children. The consequences of the COVID-19 pandemic are prominent in the Children and Family Services Department and especially manifest in the significant shortage of child welfare workers in the Emergency Response unit. This staffing shortage continues to have a profound impact on the Department’s ability to fulfil its mission to promote the well-being of families. The high vacancy rate of CWW positions leads to additional stress and higher caseloads on the remaining CWWs, which in turn results in more CWWs leaving the job, resulting in higher caseloads, and so on. 95 2022–2023 Alameda County Grand Jury Final Report _______________________________________________________________________________________ This negative feedback spiral, exacerbated by a substantial increase in total number of investigations in 2022, is the primary reason that not all investigations have been initiated within State-prescribed time limits. Because priority is given to initiating 24-hour investigations for children reported to be in imminent danger or at immediate risk, the increasing number of investigations that are not being initiated within the prescribed time are the lowest priority 10- day investigations for children at lower risk. But delaying investigations into children at the lowest risk is still not acceptable. Something must be done to break this downward spiral of staff shortages and untimely investigations. The Department is keenly aware that solving the staffing shortage is key to “righting the ship,” and has taken steps to address it; but the problem persists. While some contributing factors, like total number of reports referred for investigation and the decreasing applicant pool of MSW graduates, are beyond the control of CFS, the Department needs to think outside the box for solutions to issues it can control. Most importantly would be improving working conditions for CWWs in the ER unit: lower caseloads; better supervisor support and mentoring; a longer probation period for new CWWs to learn the job. Increasing financial compensation, while not the most important factor, might also make a difference.
• CL13
  The Grand Jury noted no security issues during the inspection. Staff came across as engaged and promoted a positive atmosphere. It appears that disciplinary procedures are maintained at all times. There seemed to be to be a conscious effort to “de-institutionalize” the JJC environment while maintaining strict order. The staff does not carry weapons or wear police uniforms. The atmosphere felt relaxed and staff morale appeared to be high. It was apparent that the staff is sensitive to the fact that they are dealing with youth in crisis and their emphasis is on treatment and rehabilitation rather than a punitive environment. The Grand Jury’s only concerns were linked to the increase in population of long term, more serious offenders transferred under SB823. That Senate Bill, signed by Governor Gavin Newsom on September 30, 2020, began the closure of the state’s Division of Juvenile Justice (DJJ), realigning those state functions to county governments. It requires any person whose case originated in juvenile court to remain, if detained, in a county juvenile facility until they turn 25 years of age, except as specified. This population has more prison-like behaviors—more contraband—and can be more antisocial and violent. Staff questioned how the transfer of this population would affect the climate of the JJC and the behaviors of youth already in their care. They also brought up the programs for DJJ arrivals (e.g., arson prevention, Cognitive Behavioral Therapy, anger control, Dialectical Behavior Therapy, sex offender therapy, family therapy), currently available in the State facilities, are not currently available in JJC. Staff informed the Grand Jury that they are advertising for Community Based Organization’s (CBOs) to address this need, but no CBOs are bidding on the work yet. 104 2022–2023 Alameda County Grand Jury Final Report _______________________________________________________________________________________ Staff shortages are also a concern due to retirement and injury. We were informed it is a constant struggle to fill positions. Full staffing is set at 180 and the current total is 110. The jury also noticed that parking nearest the facility was metered. We were told that the General Services Agency charges parking fees, which seemed an undue burden to place on visiting family members. In conclusion, the Grand Jury found the Alameda County Juvenile Justice Center to be efficient and well maintained. There appears to be strong and positive leadership at the JJC, exemplified by the superintendent and staff who were engaged, knowledgeable and responsive during our inspection. 105 2022–2023 Alameda County Grand Jury Final Report _______________________________________________________________________________________ ALBANY POLICE DEPARTMENT On October 28, 2022, members of the Civil Grand Jury inspected the Albany Police Department Jail, located at 1000 San Pablo Avenue in Albany, California. This facility is used to temporarily hold both juvenile and adult detainees, separately, before release or transfer to County facilities. An Albany police lieutenant responsible for managing the jail escorted and answered questions for the Grand Jury during the inspection. The facility is located adjacent to the Albany Fire Department on a crowded lot on a busy Albany Street. There were no detainees at the facility at the time of the inspection. The Grand Jury learned that there are no more than five detainees brought into the holding area in a month. Inside the facility, weapons storage lockboxes are located outside the secure holding area. Inside the secured area is a main holding room where detainees are processed. Two cells are located adjacent to the main holding room. One is used for storage, and one is outfitted with a bench. This cell has no toilet or sink. Two additional cells are located around the corner from the main holding area. The cells, while old, were clean and free of debris. Each cell has a functioning toilet and a sink with a water fountain. Each cell is equipped with two metal framed cots, each with a plastic mattress. When occupied, there is a physical check on the detainee every 30 minutes. Intoxicated detainees are checked every 15 minutes. Checks on detainees are recorded on a paper form. There was no public phone available for detainees; if a phone call is required prior to the booking of a detainee, the department cell phone can be used by a detainee. Adult detainees are typically transferred to a booking facility or to John George Hospital within 30 minutes of arrival, though their stay may last longer than that. Juveniles are typically released into the custody of their parent or guardian as soon as the parent or guardian is available. While waiting, juveniles are housed separately from adult detainees. The Grand Jury was told that the cells are never shared by two detainees. Bottled water is available on site. If food is needed for a detainee, it is purchased at a nearby restaurant or grocery store as there is no kitchen on site. There are no educational or recreational programs available at this location. If there is a medical emergency, staff at the Albany jail rely on medics at the Albany Fire Department, located adjacent to the jail, for assistance. A First Aid Kit and an external defibrillator device are available inside the secured main holding area. 106 2022–2023 Alameda County Grand Jury Final Report _______________________________________________________________________________________ The Grand Jury was told that a grievance may be filed with the on-duty shift supervisor. There were no grievance forms available, and there was no signage, in any language, to alert detainees of that option. The Grand Jury did not see any log of previous grievances. The Grand Jury was told that there are several staff members who speak a language in addition to English and their language ability is used as needed. There is no information posted to inform detainees of their right to communicate in a language that they understand. The Grand Jury suggests that it would be prudent to provide signage that indicates interpreters are available free of charge to detainees whose language is not English. This is a component of the Albany Police Department Limited English Proficiency Services Policy (APD Policy 332.) In all, the Grand Jury found the Albany Jail facility to be clean and well run. 107 2022–2023 Alameda County Grand Jury Final Report _______________________________________________________________________________________ EAST COUNTY HALL OF JUSTICE The Grand Jury inspected the Alameda County Superior Court East County Hall of Justice (ECHO-J) holding facility on October 17, 2022, with a short reinspection on April 11, 2023. This facility is located in Dublin, part of the newly constructed East County Superior Court building that first opened in June of 2017, and is run by the Alameda County Sheriff’s Office. The court and holding facilities are located across the street from Alameda County’s Santa Rita Jail. The jail facility contains 23 holding cells. No juveniles are brought to this facility. The large number of cells allows protective custody detainees to be held separately if needed. Holding cells have working sinks and toilets. The cells do not have beds or blankets but offer raised concrete slab benches for sitting. All cells are ADA-compliant. The holding cells and aisles the Grand Jury observed were very clean; a janitorial service operated by the county does nightly maintenance at the facility. The average detainee is held in these cells for fewer than four hours. Due to the short amount of time most detainees spend at the holding facility, meals are eaten before arrival or after return. As a result, no food preparation facilities exist at the holding facility. Some detainees bring over snacks, and bagged lunches made at Santa Rita Jail may be available based on scheduling. The holding facility does not provide health care beyond basic first aid. First aid and AED equipment are located throughout the facility, clearly marked and readily accessible. Overall, the Grand Jury found the Alameda County East County Hall of Justice Holding Facility to be very clean, well-organized, well-maintained, and in good order for fulfilling the requirements of the county. 108 2022–2023 Alameda County Grand Jury Final Report _______________________________________________________________________________________ HAYWARD POLICE DEPARTMENT DETENTION FACILITY On October 18, 2022 the Grand Jury inspected the Hayward Police Department Detention Facility (HPD), located at 300 West Winton Avenue in Hayward, California. A short re- inspection was made on April 11, 2023 as several jurors on the original inspection had resigned prior to report writing. The Hayward Police Department building, originally built in 1975, is a Board of Corrections certified Type I jail. This facility originally served as a jail, but now serves to hold arrestees for less than 24 hours. HPD processes all arrests for the city of Hayward and other agencies by contract. It operates 24 hours per day, housing up to 30 detainees. Every night, the HPD drives their transport van to Santa Rita Jail with any arrestees that arrived that day. This van was purchased within the last five years and can accommodate a wheelchair. The jail has separate cells to accommodate female detainees, individuals with special needs, violent arrestees, and individuals needing to “sober up”. The holding cells are for single or multiple occupants. There are toilets in the cells, and there is a single shower room down the hall from the booking area. All cells are equipped with emergency buttons for detainees to call for staff. The cells and surrounding areas are cleaned by a custodian daily. Upon entry, all detainees are asked about their medical condition, including whether they have TB or other communicable diseases. Food is pre-packaged and provided as needed and is available on request. There are no common areas for the detainees. 109 2022–2023 Alameda County Grand Jury Final Report _______________________________________________________________________________________ The posted rules are in English and Spanish. Telephone interpretation services are available when there are no officers to interpret for non- English speaking detainees. Visitation of those in custody is conducted via a video link system and is available to adults over the age of 18 and minor children of inmates when accompanied by a parent or qualified adult guardian. Visitation hours are 1:00 pm to 5:00 pm and limited to 20 minutes (subject to availability according to inmate processing). Telephones are located in most cells and in adjoining hallways.