San Joaquin County 2023-2024 Grand Jury Final Report

San Joaquin County (SJC) Parks and Recreation: Budget Challenges and Matters of Trust Case #0118

Micke Grove Zoo: Honoring the Past, Securing the Future Case #0218 Complete copies of the original reports, all follow up reports, and agency responses can be found on the San Joaquin County Website @ www.sjcourts.org/divisions/civil-grand-jury 44 The 2018-2019 Civil Grand Jury found the Zoo’s decline was mainly due to inadequate staffing, funding, and lacking a clear direction for improving the zoo. The reports included the following

Develop a Policy and Procedures Manual for all Micke Grove Zoo operations

Develop detailed and comprehensive budgets

Develop a Preventative Maintenance Schedule and Repairs Record

Developing a professionally designed Master Plan for the MGZ

The SJC General Services is to present to the Joaquin Board of Supervisors (BOS) an analysis and viable options for the future direction of the MGZ including a vision for the next 5, 10, and 20 years

Secure Zoo Accreditation

Renegotiate Operating Agreement with Micke Grove Zoological Society

Identify, pursue, and secure additional sustainable funding sources The 2018-2019 Civil Grand Jury thought that these recommendations would not only immediately improve MGZ but establish a vision and blueprint for the Zoo in years to come. In response to the 2018-2019 San Joaquin County Civil Grand Jury Report, the County Parks Division developed a 5-year Strategic Plan (Plan) for the Micke Grove Zoo. The Plan was presented to the County BOS on February 23, 2021. The Plan identified seven objectives along with strategies and tasks with a schedule for the completion of the tasks. The seven objectives were: Infrastructure, Exhibits, Guest Experience, Nonprofit Partner, Revenue, Accreditation, and a Volunteer Program. Subsequent Grand Juries decided no further action was necessary knowing that the recommended actions would take 5 years to complete. The 2023-2024 San Joaquin County Civil Grand Jury received a citizen complaint regarding MGZ. After reviewing the 2018-2019 reports, the conclusion was that those reports were quite comprehensive and complete. Therefore, a new investigation was not necessary; however, a “second look” was initiated to gauge the County’s commitment to completing the Strategic Plan tasks and their efforts of improving/restoring MGZ. 45 Brief History of Micke Grove Zoo The five-acre Micke Grove Zoo was a gift from William G. Micke to the County of San Joaquin as a memorial to his wife. Mr. Micke also created a trust fund with his intent to utilize trust income to sustain both Micke Grove Park and the Micke Grove Zoo. The zoo opened in 1957 with original exhibits including an extensive collection of animals. Due to overall deterioration and the continued housing of animals in undersize cages, improvements were made to the MGZ in the 1980’s which resulted in the zoo receiving accreditation from the Association of Zoos and Aquariums from 1990- 2006. The animal collection evolved to the housing of much smaller animals to meet the accreditation requirements. The MGZ lost its accreditation due to economic recessions, management, and staffing issues, as well as a deteriorating infrastructure and lack of exhibit upgrades. In addition, substantial withdrawals from the Micke Grove Trust (Trust) by past San Joaquin Board of Supervisors also hampered required improvements to the Zoo. Method of Investigation Materials Reviewed

2018-2019 Civil Grand Jury Reports

2023-2024 San Joaquin Couty Budget for Parks and Recreation

2022-2023 San Joaquin Couty Budget for Parks and Recreation

2021-2026 Micke Grove Zoo Five-Year Strategic Plan

2008 Micke Grove Master Plan

2023-2024 San Joaquin County Capital Improvement Projects Budget

San Joaquin Zoological Society Position Paper (October 19, 2023)

David Tausig & Associates San Joaquin Parks and Recreation Benchmarking and Assessment Report (June 4, 2018)

Wells Fargo Account Statements for William G. Micke Trust (April 1, 2023-June 30, 2023 and October 1, 2023-December 31, 2023) 46 Presentations

San Joaquin Parks and Recreation Division Micke Grove Zoo Presentation (October 27, 2023)

San Joaquin Zoological Society Executive Director Presentation (October 25, 2023)

San Joaquin County Administrator (February 14, 2024) Interviews Conducted

Current San Joaquin County Parks Director (January 10, 2024)

Member of the San Joaquin County Board of Supervisors Sites Visited and Toured

Micke Grove Zoo (November 27, 2023)

Commit the required budget dollars to expedite the completion of the MGZ Strategic Plan

Provide adequate staffing to operate the Zoo

Stop the Micke Trust withdrawals above the annual Trust income

Outsource the ongoing day-to-day management and operation of the Zoo If the San Joaquin County Board of Supervisors cannot demonstrate their commitment to the revitalization of the Micke Grove Zoo, then closure should be considered. Disclaimers Civil Grand Jury reports are based on documentary evidence and the testimony of sworn or admonished witnesses, not on conjecture or opinion. However, the Civil Grand Jury is precluded by law from disclosing such evidence except upon the specific approval of the Presiding Judge of the Superior Court, or another judge appointed by the Presiding Judge (Penal Code Section 911. 924.1 (a)and 929). Similarly, the Civil Grand Jury is precluded by law from disclosing the identity of witnesses except upon an order of the court for narrowly defined purposes (Penal Code Sections 924.2 and 929). This report was issued by the Civil Grand Jury except for one member of the jury. This juror was recused and excluded from all parts of this investigation including interviews, presentations, tour, deliberations, and the development and acceptance of the report. 48 Response Requirements California Penal Code Sections 933 and 933.05 require that specific responses to the conclusions contained in this report be submitted to the Presiding Judge of the San Joaquin County Superior Court within 90 days of receipt of the report. The San Joaquin County Board of Supervisors shall respond to the conclusions of this report within 60 days of receipt. Mail or hand deliver a hard copy of the response to: Honorable Gus C. Barrera II, Presiding Judge San Joaquin County Superior Court 180 E Weber Ave, Suite 1306J Stockton, California 95202 Also, please email a copy of the response to Irving Jimenez, Staff Secretary to the Civil Grand Jury, at [email protected] 49 2023 - 2024 San Joaquin County Civil Grand Jury Second Look: 2018-2019 San Joaquin County Civil Grand Jury Report Cold Cases in San Joaquin County: On the Back Burner Case # 0318 Summary Every year, the San Joaquin County Civil Grand Jury, Law and Justice Committee is charged with reporting the status of and/or investigating matters pertaining to law enforcement, including police, juvenile justice, public protection, probation issues, and inspecting detention facilities within the county. This year’s Civil Grand Jury determined the status of cold cases was also warranted. The 2018-2019 San Joaquin County had produced a report San Joaquin County Civil Grand Jury Report: Cold Cases in San Joaquin County: On the Back Burner Case # 0318. The Law and Justice Committee determined this report gave a thorough and accurate assessment of the status of cold case investigations in San Joaquin County. However, the Civil Grand Jury decided to take a “Second Look” at the current status of cold cases. The report made ten recommendations that all the law enforcement agencies agreed to implement or least partially implement. Complete copies of the original report, all follow up reports, and the agencies responses can be found on the San Joaquin County Civil Grand Jury website at https://www.sjcourts.org/divisions/civil-grand-jury . 50

2019-2020 San Joaquin County Civil Grand Jury Report Illegal Dumping: Talking Trash, Case #0519

2020-2021 San Joaquin County Civil Grand Jury Follow-up Report to the 2019-2020 Illegal Dumping: Talking Trash, Case #0519

2021-2022 San Joaquin County Civil Grand Jury Follow-up Report to the 2019-2020 Illegal Dumping: Talking Trash, Case #0519

City of Stockton Public Works

San Joaquin County Public Works Interviews Conducted

San Joaquin County Assistant Director of Public Works

City of Stockton Code Enforcement

San Joaquin County Sheriff Sites Visited Multiple “Hot Spots” in San Joaquin County were visited: Kyle Rd. in Thornton, West Jahant Rd. in Acampo, Thornton Rd. from Thornton to 8 Mile Road, and Pearson Road in Lodi. 63

115.15 Limits to cross-gender viewing and searches

115.16 Inmates with disabilities and inmates who are limited English proficient

115.17 Hiring and promotion decisions

115.22 Policies to ensure referrals of allegations for investigations

115.32 Volunteer and contractor training

115.33 Inmate education

115.34 Specialized training

115.41 Screening for risk of victimization and abusiveness

115.42 Use of screening information

115.43 Protective Custody

115.54 Third-party reporting

115.61 Staff and agency reporting duties

115.71 Criminal and administrative agency investigations

115.86 Sexual abuse incident reviews Not being met does not mean not doing, but not fully being implemented as required by the Code of Federal Regulations.

Law Enforcement Citations (closed at intake)

We are always open to new programs within the community. We are developing relationships with new organizations to provide quality services and programs to the youth we serve. Currently, we rely on our partner agencies and our community-based organizations to provide opportunities for our youth to participate in programs to improve themselves, their surroundings and inflict positive change within them. Youth must be willing to accept the opportunity for change offered to them, and legislatively, cannot be forced to accept assistance with certain programs. 172 The 2023-2024 Civil Grand Jury determined to take no further action on R1.3. 2022-2023 Grand Jury Recommendation R1.4: By December 31, 2023, the San Joaquin County Board of Supervisors, through collaboration with the Human Services Agency and San Joaquin County Probation Department, develop, adopt, and implement a type of alternative placement for the most difficult‐to‐place youth. Agency Responses: The Board of Supervisors agrees and the recommendation will be implemented. As the child welfare system was significantly changed by the State of California, with very little notice to prepare and no additional system created, the ability of a County to meet the needs of youth was diminished. Placement types are limited to those licensed by the California Department of Social Services Community Care Licensing Division and any alternative placement would be required to fit within the licensing criteria set forth by the State. As such, the ability of any County to create new types of alternative placements is limited to those that fit within the licensing criteria. The available alternative placement referenced above is the Mary Graham Children’s Shelter (MGCS). The Human Services Agency (HSA) has engaged with the California Department of Social Services through the Plan of Correction process to review and enhance the Plan of Operation for MGCS. This targeted engagement began in November 2022, was finalized in December 2022, and will continue through November 2024. HSA has developed new placement options and will continue to do so within the licensing framework designated by the California Department of Social Services Community Care Licensing Division. HSA is working in collaboration with Aspiranet, Stanislaus County Community Services Agency, and Merced County Human Services Agency to develop new placement options for youth with complex care needs. Additionally, on April 21, 2023, HSA initiated programs with two local community-based organizations, Victor Community Support Services and Alternative Family Services, to identify short-term placements in resource homes that are certified at the Intensive Services Foster Care level. 173 Agency Responses: The Probation Department agrees and the recommendation will be implemented. The recommendation will be implemented but not by December 31, 2023. The State of California's Continuum of Care (CCR) and Assembly Bill 403 focused on policy changes to improve the outcomes of youth in foster care. One of those changes restricted placement in congregate care settings. In San Joaquin County, group homes were required to meet new licensing standards and convert to a short-term residential therapeutic program (STRTP). If they were unable to meet the licensing requirements, group homes were ultimately forced to close, drastically decreasing the number of placement options available for our youth. The San Joaquin County Probation Department has worked collaboratively with the Human Services Agency to assist and support group home providers in our County and neighboring counties transition to an STRTP. Collaboratively, we put on a CCR training to educate all providers and wrote letters showing our support of their transition to an STRTP to include with their application to the Department of Social Services Community Care Licensing Division. Despite all our efforts, the CCR policy changes reduced the number of placement options for our youth. In December 2020, the State eliminated out-of-state placement of youth, again, restricting the ability to meet youth placement needs. The 2023-2024 Civil Grand Jury determined to take no further action on R1.4 2.0 Training and Staffing Issues 2022-2023 Grand Jury Recommendation R2.1: By December 31, 2023, Human Services Agency implement an ongoing recruitment plan utilizing the services of a third‐party recruiter. Agency Responses: Board of Supervisors disagrees and will not implemented. The County Board of Supervisors has approved an additional 28 full-time positions for Mary Graham Children’s Shelter since July 2022; this is an increase of 58% for full-time positions. These additional positions have been and will continue to be recruited for. Mary Graham Children’s Shelter has 42 allocated full-time Shelter Counselor positions and 35 incumbents. The shelter has made seven conditional offers to fill the remaining vacancies, and those applicants are undergoing background checks. The enhanced full-time staffing levels, coupled with part-time staffing, has provided for supervision of youth at a ratio of two youth 174 per one direct care staff member (2:1 ratio) in accordance with the Plan of Correction dated December 22, 2022, which exceeds the Temporary Shelter Care Facility regulations staffing ratio of 4:1. The 2023-2024 Civil Grand Jury determined to take no further action on R2.1 2022-2023 Grand Jury Recommendation R2.2: By December 31, 2023, Human Services Agency and Mary Graham Children’s Shelter develop and implement a regular training schedule for all levels of employees and administrators and provide accurate documentation that all required training has been completed. Agency Responses: HSA and MGCS agree and recommendation is implemented. Upon review with the California Department of Social Services Community Care Licensing Division, the Human Services Agency Leadership team has ensured that appropriate trainings are completed and refresher trainings are appropriately scheduled to avoid any lapses. Per the Plan of Correction dated December 22, 2022, all Mary Graham Children’s Shelter staff were required to participate in the following trainings: Practical Skills for Supporting Youth with Intellectual/Development Disabilities, Therapeutic Crisis Intervention (TCI), Services Currently Available to Children and Youth, Trauma-Informed Care Training, Regional Center Training, Dual Diagnosis Training, Youth Mental Health First Aid, Hyper- sexualized Behaviors, Emergency Intervention Plan Training, Commercially Sexually Exploited Children (CSEC), Substance Abuse and Adverse Childhood Experiences Assessments. All trainings were completed by staff as of March 2023, with a few make-up sessions that were held in April 2023. All newly hired staff will complete onboarding training during their first 2½ weeks. All training records are tracked and retained, along with copies of sign-in sheets. The 2023-2024 Civil Grand Jury determined to take no further action on R2.2 175 2022-2023 Grand Jury Recommendation R2.3: By December 31, 2023, Human Services Agency requests clear and concise written guidance from the California Care Licensing Department concerning how to deal with disruptive behaviors by youth. Agency Responses: HSA agrees and this has been implemented. The Human Services Agency (HSA) has been engaged with the California Department of Social Services (CDSS) since November 2022. As each situation with youth is unique, HSA has been discussing scenarios with CDSS and the appropriate methods to preserve all the health and safety of all parties. HSA has received significant support from the CDSS and will continue to seek guidance from the Community Care Licensing Division of CDSS. Per the Plan of Correction dated December 22, 2022, Mary Graham Children’s Shelter (MGCS) staff have completed multiple trainings related to youth behaviors. MGCS staff conducts an evaluation on each youth’s behaviors, risk, and strengths every 24 hours until the youth is discharged. This helps to provide appropriate services to the youth. There are more structured indoor and outdoor activities for youth to participate in during their stay at MGCS. In addition, there has been an increased staffing ratio of 2:1, which exceeds the Temporary Shelter Care Facility regulations staffing ratio of 4:1. The 2023-2024 Civil Grand Jury determined to take no further action on R2.3 2022-2023 Grand Jury Recommendation R3.1: By December 31, 2023, San Joaquin County Human Services Agency prepare an addendum to the System of Care MOU that includes the participation of the Sheriff’s Office. Agency Responses: HSA disagrees and this will not be implemented. The San Joaquin County Human Services Agency (HSA) and the Sheriff’s Office will continue to engage and collaborate in service to youth residing at the Mary Graham Children’s Shelter. This engagement includes open communication between the Sheriff and the HSA Director. Also, staff from HSA, Mary Graham Children’s Shelter, and the Sheriff’s Office meet to determine how to serve the youth. HSA will further seek the collaboration of other law enforcement 176 agencies in San Joaquin County who are interested in serving youth under the jurisdiction of the Juvenile Dependency Court. The 2023-2024 Civil Grand Jury determined to take no further action on R3.1 2022-2023 Grand Jury Recommendation R3.2: By December 31, 2023, San Joaquin County Human Services Agency (HSA) establish and utilize a multiagency task force to focus on managing the care for capitol At-Risk Youth in the County. Agency Responses: HSA agrees and this has been implemented. There has been substantial collaboration centered around At-Risk Youth in the County. These partners include the Human Services Agency (HSA), Probation, Behavioral Health Services, Sheriff’s Office, County Administrator’s Office, and the Board of Supervisors. HSA will continue to engage with partners to focus on the care for At-Risk Youth in the County. The Children’s Services Coordinating Commission was established by the San Joaquin County Board of Supervisors in 1986, in compliance with the Welfare and Institutions Code Section 18982 – 18982.4, whose primary purpose is to coordinate community efforts to prevent and respond to child abuse. The Children’s Services Coordinating Commission consists of representatives from multiple agencies and partners in San Joaquin County, including HSA, Probation, Behavioral Health Services, District Attorney’s Office, County Office of Education, Office of the Medical Examiner, Licensing Agency, Medical Services, five supervisory district representatives, Religious Community, Community Volunteers/Consumer, and community based organizations. The 2023-2024 Civil Grand Jury determined to take no further action on R3.2 2022-2023 Grand Jury Recommendation R3.3: By October 1, 2023, the Sheriff’s Office designate a permanent liaison to collaborate with the other agencies charged with the care of At‐ Risk Youth. 177 Agency Responses: The Sheriff’s Office agrees with and has implemented this

Develop, adopt, and implement a plan to improve public communications and outreach

Reinstitute periodic outreach events to inform the public about the Groundwater Sustainability Plan (GSP) and the status of its related implementing projects

Identify ways to better find and engage with members of disadvantaged communities (DACs), including non‐English speakers, in the San Joaquin Subbasin

Update the website to provide easier, more comprehensible access to ESJGWA financial information

Update the Flood Control & Water Conservation District’s website to provide convenient access to financial and project information related to the use of Zone 2 funds

Explain the differences between the fiscal year‐end ESJGWA fund balance reports and the annual independent audit balance sheets

Update the website, esjgroundwater.org, to ensure full compliance with the provisions of SB 929, SB 272, and Government Code Section 7405

Update the website and Board Bylaws to reflect the actual dates and times for Board meetings

Update the website to enable easier public access to meeting minutes

Identify the members of the Board on the website, meeting agendas, and official written documents

Consider ways to enable and promote increased public attendance at open meetings

Formalize the status of the TAC as a standing committee and bring it into compliance with the requirements of the Ralph M. Brown Act

Monitor the expiration dates for any relevant governance or contractual documents and 180 GSP implementation deadlines to ensure the Board can act before any lapses occur

Ensure staff support is adequate for efficient, cost‐effective operations Method of Follow-up Investigation Reviewed all responses from:

ESJGWA Board of Directors

County Board of Supervisors

Auditor‐Controller’s Office 181

inquire into the condition and management of public prisons within the County;

investigate and report on the operations, accounts, and records of city and County offices, departments, and their functions;

inquire into the allegations of willful or corrupt misconduct of public officials;

investigate into the activities of all school and special assessment districts within the County; and

submit a final report of its findings and recommendations to the Presiding Judge of the Superior Court. How the Grand Jury is Organized The Presiding Judge of the Superior Court impanels 19 Grand Jurors to serve for one year, fulfilling the duties as outlined under state law. The judge appoints a foreperson who presides over the Grand Jury. The Grand Jury elects other officers and organizes itself. The jurors meet in a weekly general session. Smaller 197 investigative committees meet throughout the week. In addition, jurors meet with County and city officials, visit County detention facilities, and conduct independent reviews on matters of interest or concern. Each of the working committees reports to the full Grand Jury. Conclusions are reached after study and thorough discussion of the issues and they may appear as part of the Grand Jury’s final report. Desirable Attributes of a Grand Juror Grand Jury service is a volunteer position with modest monthly compensation for meetings and mileage. Members receive a wealth of experience and provide a vital service to their community.

Knowledge of and interest in local government and community affairs.

Skill in working productively with others in a group setting where respect and patience are essential.

Skill and experience in fact-finding, investigative techniques and report writing. Benefits of Being a Grand Juror The benefits of being a Grand Juror are many:

You will enjoy the satisfaction and pride of doing an important job.

There is the experience of being a member of a respected panel.

You will become part of a body of people with the unique authority to see local government workings not available to most County citizens.

As a Grand Juror, you have an opportunity to make a difference for your community. 198 Qualifications To be considered for nomination, you must meet the following legal requirements:

Be at least 18 years old.

Be a resident of San Joaquin County for at least one year immediately prior to the beginning of your service.

Possess intelligence, sound judgment, and good character.

Have sufficient knowledge of the English language to communicate orally and in writing. You cannot be considered:

If you are serving as a trial juror in any court in California.

If you have served as a Grand Juror in any California court within the previous year.

If you have been convicted of malfeasance in office or any other high crime.

If you are serving as an elected public officer. Citizen Complaints The Grand Jury receives complaints regarding all levels of local government. They may include, but are not limited to, allegations of misconduct by public officials or employees and inefficiencies in local government. Any citizen may submit a complaint by completing a complaint form. Complaints are treated as confidential. This allows a complainant to come forward without intimidation. Generally, the Grand Jury provides to the complainant written acknowledgement of receipt of a complaint. However, with so many possible investigations, it is necessary for the Grand Jury to make hard decisions about what investigations to undertake during their term. The complaint form should be 199 submitted only after all attempts to correct an issue have been explored. The Civil Grand Jury complaint form can be found at: https://www.sjcourts.org/wp-content/uploads/GrandJuryComplaintForm2.pdf Send your completed form to: San Joaquin County Superior Court Attn: Irving Jimenez, Judicial Secretary 180 E. Weber Avenue, Suite 1114 Stockton, CA 95202 Forms also can be obtained by visiting or writing to the address above. The Grand Jury does not accept complaints via e-mail. To Learn More For more information about the San Joaquin County Civil Grand Jury, visit: http://sjcourts.org/general-info/civil-grand-jury 200

The efficient and ethical governing of the City of Stockton is under attack by both external and internal forces. This must be stopped. Externally, individuals utilizing a SMP have consistently attempted to undermine the local democratic process by misleading the Stockton electorate and attempting to affect election results through unethical influence. Internally, members of the Stockton City Council, who support the efforts of that SMP, are complicit in the deterioration of comradery, trust, respect, and ethical governing in Stockton. The continued violations of the tenets of the Brown Act by council members undermine the provision of good government to the citizens of Stockton. The Civil Grand Jury strongly supports the Freedom of Speech Rights guaranteed by the United States Constitution. However, the abuse of those rights by individuals utilizing this Social Media 24 Platform to spread misinformation and create a threatening work environment for City staff and elected officials is unacceptable and must be stopped.

Collaborative Relations Between Law Enforcement and Citizens A focus common in all the agencies’ presentations was their effort to inform and engage with their communities. All agencies viewed this collaboration as a long-term solution to crime in their areas. Community Mental Health Response Program Police often interact with citizens with mental health issues. They coordinate with the San Joaquin County Behavioral Health Department. Mental health personnel are typically available only during business hours. Homelessness Issues Homelessness is a problem in San Joaquin County. The law enforcement community recognizes the concerns of the community related to the homeless population and is committed to assisting in dealing with the issue while ensuring the community’s rights are upheld. Many agencies now have staff dedicated to working with members of the homeless community with the goal of assisting them to find the resources available. Staffing Demands and Recruitment Strategies Many law enforcement departments are faced with recruiting, hiring, and retention challenges: i.e., fewer people want to become law enforcement officers considering the news and negative public perceptions. Officer pay scales are typically lower in San Joaquin County than those in surrounding counties. Most of the law enforcement agencies expressed concern regarding recruitment. Due to staff shortages, many departments had to come up with creative solutions for making do with less. 73