San Joaquin County Grand Jury

2004-2005

5 reports

Findings & Recommendations 7 findings
F1: Procedures are now in place to maintain restraint belts.
F2: Alternative belt styles and belt materials are being evaluated.
F3: Alternative positions are being used in the five-point restraint bed. Inmates are placed on their backs unless a medical condition exists. A foam wedge is used to elevate the inmate's head. The inmate's hands are secured at the sides of the bed rather than at the upper corners of the bed.
F4: Sergeants in command must approve all plans of action.
F5: All incidents requiring action by the C.E.R.T. team are being video taped.
F6: Additional questions have been added to the pre-book screening process to address possible infection of communicable diseases and drug use.
F7: An arrestee's medical history cannot be included in the pre-book process without violating Federal medical privacy rules.
Findings & Recommendations 5 findings
F1: Builders today may be paying excessive fees for combination permits and plan checking because of a misinterpretation made in 2001. This misinterpretation has generated more than $40,000,000 during the past five fiscal years.
F2: The $40,000,000 surplus that has been transferred to the General Fund and has not been reinvested in the Community Development Department or the Building Division to support its needs.
F3: Stockton City Council did approve the permit fee increase in 2001 (resolution 01- 0279). The Grand Jury finds that the fee increase was owed to a misinterpretation of the fee schedule document. This misinterpretation was used as the study (analysis) required for the city council to approve the fee increase.
F4: The City of Stockton, with justification from the former Interim City Attorney and the City Auditor, may be charging more than the cost to provide service for combination and plan checking fees. This has allowed the City of Stockton to use the Building Division as a source of revenue and may violate California Health and Safety Code '17951 and California Government Code '66014.
F5: The Grand Jury finds that the actual cost to provide service for the Building Division has not been determined. The actual cost to provide service must include the Building Division’s budget in addition to other support costs provided by other city departments.
Findings & Recommendations 3 findings
F1: With regard to issue C, the Grand Jury recommends that: a. The work experience and educational requirements for the position of Assistant to the City Manager be amended to be comparable to that of the Economic Development Director and the Parks and Recreation Director because the salary and responsibilities are already equivalent. b. The City of Stockton require future applicants to meet all job qualifications before appointing them to a position with the City of Stockton. RESPONSE REQUIRED: Pursuant to Section 933.05 of the Penal Code: The City of Stockton shall report to the Presiding Judge of the San Joaquin Superior Court, in writing and within 90 days of publication of this report, with a response as follows: As to each finding in the report a response indicating one of the following: a. The respondent agrees with the finding. b. The respondent disagrees with the finding, with an explanation of the reasons therefore. As to each recommendation, a response indicating one of the following: a. The recommendation has been implemented, with a summary of the action taken. b. The recommendation has not yet been implemented, but will be with a time frame for implementation. c. The recommendation requires further analysis, with an explanation of the scope of the analysis and a time frame not to exceed (6) six months. d. The recommendation will not be implemented, with an explanation therefore.
Related Recommendations (1)
R1: With regard to issue C, the Grand Jury recommends that: a. The work experience and educational requirements for the position of Assistant to the City Manager be amended to be comparable to that of the Economic Development Director and the Parks and Recreation Director because the salary and responsibilities are already equivalent. b. The City of Stockton require future applicants to meet all job qualifications before appointing them to a position with the City of Stockton. RESPONSE REQUIRED: Pursuant to Section 933.05 of the Penal Code: The City of Stockton shall report to the Presiding Judge of the San Joaquin Superior Court, in writing and within 90 days of publication of this report, with a response as follows: As to each finding in the report a response indicating one of the following: a. The respondent agrees with the finding. b. The respondent disagrees with the finding, with an explanation of the reasons therefore. As to each recommendation, a response indicating one of the following: a. The recommendation has been implemented, with a summary of the action taken. b. The recommendation has not yet been implemented, but will be with a time frame for implementation. c. The recommendation requires further analysis, with an explanation of the scope of the analysis and a time frame not to exceed (6) six months. d. The recommendation will not be implemented, with an explanation therefore.
F2: With regards to issue “B”, the employee in question did not provide documentation of his spouse’s eligibility, and in January of 2004 he agreed to pay back $5,960.51 of invalid claims with repayment deferred until May 20, 2005.
F3: With regard to issue “C”, a) Although a bachelor’s degree is not specified by regulation as a prerequisite for the position of Assistant to the City Manager, the employee whom the city manager promoted to this position had not qualified for two previous positions held in the Stockton city government because each had required a four year college degree. b) The survey for the Assistant to the City Manager position did not include an analysis of the salary range for similar positions within the city.
Findings & Recommendations 6 findings
F1: The District Attorney is not using all of the office spaces on the newly constructed fifth floor simply because the offices are unfurnished.
F2: The office space on the second floor is in poor condition and the configuration is unsuitable for today’s office environment. The carpet is dingy, and the furniture is outdated and unsuitable for computer workstations.
F3: The District Attorney is currently operating in limited space. Even closets have been converted into small offices.
F4: Construction of the fifth floor is not truly complete until it has been furnished.
F5: The furniture and computers stored in the warehouse at the Stockton Airport are of little value to the county.
F6: The Board of Supervisors has authorized the request for furniture on May 3, 2005.
Findings & Recommendations 6 findings
F1: The Assistant City Manager has wielded her authority over the Human Resources Manager in a way that undermined decisions made in her division.
F2: The former Human Resources Analyst, whose work in Human Resources was deemed deficient by the Human Resources Manager, resigned knowing that a position would be made available to her in the Community Development Department. Based on documentation and testimony, it appears that this was accomplished with the knowledge and cooperation of the Assistant City Manager.
F3: The City Attorney’s Office and the City Manager’s Office were non-responsive to numerous requests for specific information. Although we made specific requests, they sent reams of unnecessary material.
F4: The Grand Jury finds that the Assistant City Manager displayed what appears to be a marked pattern of favoritism & cronyism, a) by changing the Oral Board Examination questions and tailoring them to favor the candidate with whom she had a previous work relationship, and b) she appears to have engineered the transfer of the analyst to the Community Development Department.
F5: There were no improper or unfair employment practices exercised against minorities as alleged in the original complaints.
F6: The Assistant City Manager used poor judgment in sitting on the Qualifications Appraisal Board of her former subordinate from another city, and participating in the debriefing process.