Grand Jury
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San Joaquin County Grand Jury |
California Grand Jury Association |
* * * F O R I M M E D I A T E R E L E A S E * * * San Joaquin County Grand Jury Releases 06/05/09 (Stockton, CA) –The San Joaquin County 2008/2009 Grand Jury released today its final report on the Stockton-San Joaquin County Library and its investigation of, among other allegations, alleged questionable use of public funds, management’s failure to follow civil service hiring rules, improper spending for consultants, contractors and vendors, and the Director’s lack of concern for staff safety. The 2008/2009 Grand Jury found “the former Library Director created a new position with the primary responsibility to raise funds and hired a friend to fill the position at management salary. During her tenure, no evidence was found of new fund development.” Further, “the former Library Director contracted with several consultants and vendors, including a personal life coach, strategic planning company, and an internet marketing vendor at substantial expense with virtually no benefit to the library system.” The Grand Jury also found “the City Manager’s Office failed to oversee the operation of the Library system. Ineffective and irresponsible oversight contributed to questionable library expenditures and low staff morale.” Recommendations include, “the City Manager increase supervision of the Deputy City Manager for Library Services.” In addition, “the San Joaquin County Board of Supervisors and the City of Stockton mutually establish and appoint citizens to a Library Advisory Commission which will make recommendations on matters pertaining to the operation of library services and facilities.” Final Grand Jury Reports are available for viewing online at www.stocktoncourt.org or may be obtained at the Clerk of the Court. # # # * * * F O R I M M E D I A T E R E L E A S E * * * San Joaquin County Grand Jury Releases 06/02/09 (Stockton, CA) –The San Joaquin County 2008/2009 Grand Jury released today its final report on the first ever investigation into Information Technology (IT) Security for the Cities and County of San Joaquin. The Grand Jury had expressed interest in determining if the local municipalities and county offices of San Joaquin County had planned or installed sufficient safeguards to protect their information systems against virus, accidental/deliberate disclosures, and/or equipment failure. The intent of the Grand Jury’s investigation was to demonstrate that San Joaquin County and its seven incorporated cities were exercising due diligence in protecting information resources and making appropriate plans for disaster recovery and business continuity. Components investigated included security policy, physical and environmental security, communications and operations management, access control, disaster planning, business continuity, and validation and testing. The 2008/2009 Grand Jury found “of the seven incorporated cities in the county, only Escalon and Lathrop met or are addressing the expectations for IT security.” Further, “of the 16 separate IT organizations servicing county offices, all but four met the expectations for IT security. Of those four, the Agricultural Commissioner’s Office, Public Defender’s Office and Sheriff-Coroner’s Office were operating with outdated server systems.” Recognizing the budget limitations due to current economic conditions, the Grand Jury’s recommendations included, “the three county departments update its server operating systems and the District Attorney’s Office prepare a comprehensive disaster recovery and business continuity plans.” Further, “the City of Stockton promptly address its chronic understaffing and lack of leadership, the City of Lodi develop plans and preparations for the relocation of its data center to a more secure location and the City of Tracy implement tighter internet access controls on its network.” Copies of the Final Grand Jury Reports are available for viewing online at www.stocktoncourt.org or may be obtained at the Clerk of the Court. # # # * * * F O R I M M E D I A T E R E L E A S E * * * San Joaquin County Grand Jury Releases 05/29/09 (Stockton, CA) –The San Joaquin County 2008/2009 Grand Jury released today its follow-up report on the 2007/2008 Grand Jury investigation and final report (Case #12-06) regarding the Delta College Board of Trustees. The 2008/2009 Grand Jury found the current Board of Trustees has “a renewed sense of ethics and responsibility, both to the community and students, and has done much to restore the Grand Jury’s confidence.” Further, “Unlike the former Board, the current Board has demonstrated the ability to work together. The Board adopted a Code of Ethics and Standards of Good Practice as a means of defining responsibility and conduct of individual Board members.” Recommendations include, “amend the bylaws of the Citizens’ Oversight Committee to require monthly meetings, timely review of Measure “L” expenditures and review of projects before authorization by the Board of Trustees.” Final Grand Jury Reports are available for viewing online at www.stocktoncourt.org or may be obtained at the Clerk of the Court. # # # * * * F O R I M M E D I A T E R E L E A S E * * * San Joaquin County Grand Jury Releases 05/29/09 (Stockton, CA) –The San Joaquin County 2008/2009 Grand Jury released today its follow-up report on the 2007/2008 Grand Jury investigation and final report (Case #08-07) regarding the Stockton Unified School District. The 2008/2009 Grand Jury found hiring a new Superintendent was “the single largest change since the 2007/2008 report was released.” On the recommendation that SUSD Trustees and management work as a team to accomplish common objectives, this Jury found “this recommendation has been implemented. SUSD has a solid management team in place. The Superintendent has vision and is a strong proponent of improving student outcome.” In investigating allegations relating to the new Superintendent misusing funds by adopting the “Success for All” program prior to State approval, this Grand Jury found “the Superintendent and Trustees took a calculated risk and believes this risk was justified.” Further, “the calculated risk in offering SAT testing and preparation training at no cost to students resulting in 70% senior participation compared to 8% the prior year was also justified.” Recommendations include, “the Board of Education and Superintendent continue to take an occasional calculated risk to improve student performance and outcome.” Final Grand Jury Reports are available for viewing online at www.stocktoncourt.org or may be obtained at the Clerk of the Court. # # # * * * F O R I M M E D I A T E R E L E A S E * * * San Joaquin County Grand Jury Releases 06/20/08 (Stockton, CA) - The San Joaquin County 2007-08 Civil Grand Jury released today its final report on its investigation alleging abuse of position authority and misuse of taxpayer monies by the General Manager/CEO of San Joaquin Regional Transit District (SJRTD). Further allegations include the Governing Board failed in its responsibility to provide proper oversight with regard to the operation of the District. The Grand Jury found the "the General Manager/CEO did not follow SJRTD established procedures for 'change orders' during construction of the Downtown Transit Center. To avoid litigation, it became necessary for SJRTD to enter into a negotiated global settlement agreement with the building contractor." "the American Express (AMEX) credit cards, held exclusively by the General Manger/CEO and her Administrative Assistance were often used in violation of procedures outlined in the SJRTD Procurement Manual. Personal employee gifts and personal meals were frequently purchased." "Purchase cards were used to purchase items for resale to employees at discounted prices in violation of prescribed (P-Card) use." In addition, "The General Manager/CEO has exceeded her authority to award and execute contracts on multiple occasions." And, "Contracts requested from SJRTD by the Grand Jury were not delivered upon our initial requests, and it became necessary for the Grand Jury to petition the Court to issue a subpoena." Recommendations included, "Adhere to written policy and procedures with regard to 'change orders' to insure taxpayer funds are not wasted." "The American Express card purchases be subjected to greater scrutiny in accordance with 'San Joaquin RTD Purchasing Credit Card Procedure'." And, "Management utilize 'Best Practices' in hiring employees that fairly advertise job openings", "conduct formal training for all Board Members to become familiar with all policies and procedures described in the SJRTD manuals". Copies of the Final Grand Jury Reports are available for viewing online at www.stocktoncourt.org or may be obtained at the Clerk of the Court. # # # * * * F O R I M M E D I A T E R E L E A S E * * * San Joaquin County Grand Jury Releases 06/18/08 (Stockton, CA) - The San Joaquin County 2007-08 Civil Grand Jury released today its final report on its investigation alleging excessive use of consultants, inappropriate use of restricted State and Federal funds (supplanting) and inappropriate and unethical use of school district funds. The Grand Jury found the "Stockton Unified School District's Management participated in the misuse of public funds and attempted to conceal it from elected officials and the Grand Jury." "SUSD Management contracted with sports figures to speak at a one-day All Sports Clinic. Five individuals were paid consulting fees of $5,000 plus mileage and another 28 were paid between $1,000 and $2,000." In addition, "There are numerous instances where SUSD has misused restricted funds." "School Safety and Violence Prevention Act (AB1113) funds were used to pay approximately $90,000 in costs associated with the All Sports Clinic." Further, "On more than one occasion, the District-Wide Athletic Director requested payments from SUSD for alcoholic beverages at Alioto's restaurant in San Francisco and attempted to conceal one purchase by claiming it was `food to go'." Recommendations included, "SUSD reduce the dollar cap that can be spent for non-instructional and administrative consultants without Board approval." "SUSD re-examine the policy of allowing the Superintendent to create positions and hire employees without a competitive application process." Further, "SUSD Trustees conduct a thorough, independent audit of restricted (categorical) funds received from State and Federal sources." "periodically review purchases made by management as a whole and by individual management team members to ensure strict written guidelines are enforced." And, "SUSD Trustees ensure SUSD management is held accountable for their actions." Copies of the Final Grand Jury Reports are available for viewing online at www.stocktoncourt.org or may be obtained at the Clerk of the Court. # # # * * * F O R I M M E D I A T E R E L E A S E * * * San Joaquin County Grand Jury Releases 06/18/08 (Stockton, CA) - The San Joaquin County 2007-08 Civil Grand Jury released today its final report on its investigation, started by the 2006-07 Grand Jury, alleging Brown Act violations and misuse of Measure "L" funds. Measure "L" is a $250 million school bond, passed in 2004, which is to be specifically used for projects outlined by the San Joaquin Delta College District Board of Trustees. One such project is the establishing of an expanded San Joaquin Delta College Education Center in the Tracy/Mountain House area to accommodate growth and increasing student enrollment. The Grand Jury found the Delta College Board of Trustees "made decisions which have caused serious problems and wasted millions of dollars of Measure "L" funds." Further, "The Board of Trustees did not heed nor follow their staff recommendations or the recommendations of consultants, hired by this board." Although the original estimate for the building of the center/campus at Mountain House was $55 million, as of January 2008 the estimate has climbed to approximately $94 million and could go much higher costing District taxpayers tens of millions of dollars." And, "Brown Act violations have occurred at meetings of the Citizens' Bond Oversight Committee." Recommendations included, "the Citizens' Bond Oversight Committee question all changes in projects selected for funding, project plans, or delays in construction." And, "the Delta College Board of Trustees to comply with the Brown Act. Further training on the Brown Act to be given to ensure understanding and compliance." Copies of the Final Grand Jury Reports are available for viewing online at www.stocktoncourt.org or may be obtained at the Clerk of the Court. # # # * * * F O R I M M E D I A T E R E L E A S E * * * San Joaquin County Grand Jury Releases 06/04/08 (Stockton, CA) - The San Joaquin County 2007-08 Civil Grand Jury released today its final report on its investigations on alleged government inaction concerning a barking dog. Allegations of government inaction always warrants, at least, a preliminary investigation by the Grand Jury. The investigation determined that, perhaps unknown to the complainant, significant action had in fact been taken by San Joaquin County Animal Control, a division of San Joaquin County Agricultural Commissioner s Office, and the situation was ultimately resolved to the satisfaction of the complainant. The Grand Jury complimented Animal Control for their handling of the issue. In a follow-up to its final report, the Grand Jury found on Case #01-07(C), the Registrar of Voters had implemented recommended training sessions for precinct volunteers and recommendations regarding the Diebold machines had become moot since they had been decertified. In a follow-up to its final report on Case #01-07(D) regarding the Stockton Metropolitan Airport alleging a Public Records Act violation, the Grand Jury found all recommendations had been accepted and implemented by the Interim Airport Director. Copies of the Final Grand Jury Reports are available for viewing online at www.stocktoncourt.org or may be obtained at the Clerk of the Court. # # # * * * F O R I M M E D I A T E R E L E A S E * * * San Joaquin County Grand Jury Releases 06/04/08 (Stockton, CA) - The San Joaquin County 2007-08 Civil Grand Jury released today its follow-up report on Case #01-07A alleging that an adjustment of the fees in 2001 was done because of a mistaken conclusion that the plan check fees had not been included in the calculation. In addition, the department did not conduct an analysis of cost versus revenue to justify the fees as required by law. The complaint further alleged that the excessive fees were claimed to have been collected to repay ten years of deficit operation by the Community Development Department during which time budget funding came form the City s General Fund. The 2006-07 Grand Jury made several recommendations, including City of Stockton needs to fully establish, document, and disclose the cost of operating its department so that any adjustment in permit fees are reasonable and in compliance with the law. Further, the City must inform the public ahead of time and conduct a public meeting which meets the test of full disclosure. In its follow-up investigation, the Grand Jury found Though the costs are reported in the annual budget for the City, it is extremely difficult to determine whether in fact those numbers are reasonable. The City does notice public meetings, but until the Muni Financial study regarding costs versus fees is in place, the public is not getting all the required information. Recommendations included, Since the City cannot depend on Muni Financial, it is incumbent on the City to provide an independent cost analysis study by July 1, 2008. Copies of the Final Grand Jury Reports are available for viewing online at www.stocktoncourt.org or are on file with the Clerk of the Court. # # # * * * F O R I M M E D I A T E R E L E A S E * * * San Joaquin County Grand Jury Releases 06/04/08 (Stockton, CA) -The San Joaquin County 2007-08 Civil Grand Jury released today its follow-up report on Case #01-07B alleging the City of Stockton was illegally using code enforcement citings and liens as a means of coercing citizens into selling their private property to the City. The complaint alleged the City was using its code enforcement as a form of eminent domain. The 2006-07 Grand Jury’s recommendations included, “educating the public on the number of parcels owned by the City and how they are essential to the function of City services. Such notices can be included in the annual property tax notice and posted on the City’s website.” Further, “the City should establish an acquisition policy which utilizes criteria and timelines when considering the purchase of property with tax dollars. The 2007-08 Grand Jury found “property owned by the City is a matter of public record and accessible through the County Assessor’s Office, however, this is a cumbersome and time consuming effort. Although the City asserted there are a number of reasons the information could not be included on the annual tax notice, none were given.” Further, “the City now has a policy for property acquisition. However, the City might want to very closely monitor its needs and wants before committing to purchasing any real property.” Copies of the Final Grand Jury Reports, along with responses thereto are on file with the Clerk of the Court. # # # * * * F O R I M M E D I A T E R E L E A S E * * * San Joaquin County Grand Jury Releases 06/04/08 (Stockton, CA) -The San Joaquin County 2007-08 Civil Grand Jury released today its final report on its investigation on alleged unfair practices by the City of Stockton in assigning parking spaces at parking garages managed by the City. The complaints alleged that although when applying for parking spaces they were told that it was on a first-come, first-served basis, the spaces were not issued in that manner. Furthermore, the complainants alleged that they were never contacted when their names came up on the list and that they were treated rudely by the manager when inquiring about their place on the list. The Grand Jury found the City of Stockton had “no policies and procedures for the City’s Parking District (CPD)…including the process for assigning parking spaces.” Further, “The reconciliation of cash receipts collected by the parking garages and lots is done exclusively by the CPD Supervisor. In her absence, the cash receipts are neither reconciled nor forwarded to the City Treasurer.” Recommendations included, “the development of a system of assigning parking spaces on a firstcome, first-served basis free from political pressure or favoritism influencing the assignments” and “developing a ‘checks and balance’ system for the reconciling of cash receipts collected from the parking garages”. Copies of the Final Grand Jury Reports, along with responses thereto are on file with the Clerk of the Court. # # # * * * F O R I M M E D I A T E R E L E A S E * * * San Joaquin County Grand Jury Releases 04-10-08 (Stockton, CA) -The San Joaquin County 2007-08 Civil Grand Jury released today its final reports on its investigations on alleged misconduct by the Mayor of Lathrop and alleged wrongdoing by the City of Ripon. Case # 03-07 alleged improprieties in the campaign contributions for the current Mayor of Lathrop. The complaint was non-specific in nature and implied that she, as a candidate for Mayor, took contributions from developers who may have been interested in the Lathrop area. After investigating the complaint including reviewing the Mayor’s contribution list, the Grand Jury “found no evidence of excessive campaign contributions” and determined the Mayor “is now and has been acting in a reasonable and ethical manner”. Case # 05-07 alleged wrongdoing by the City of Ripon in its bypassing of the formal bid process by awarding a 4th of July fireworks contract to a company with ties to city personnel. Further, the complaint alleged wrongdoing in the budgeting of monies for a skate park. After investigating the complaint including interviews with City officials and reviewing City Council minutes and City of Ripon Ordinance 544 § 1, 1995, the Grand Jury found “Section 3.20.070 of the Ordinance allows for the bidding process to be bypassed when the City Council determines the purchase of supplies, services or equipment using an alternative method would be in the best interests of the City”. Further, “the monies for the skate park were publicly discussed in the City Council meeting of July 17, 2007 and $400,000.00 was included in the budget”. The Grand Jury did recommend “the City Council needs to make every effort to address fully the questions and concerns of its citizens in the City Council meetings”. A copy of the Final Grand Jury Reports, along with responses thereto are on file with the Clerk of the Court. # # # * * * F O R I M M E D I A T E R E L E A S E * * * San Joaquin County Grand Jury Releases (Stockton, CA) –The San Joaquin County 2007-08 Civil Grand Jury released today its final report on its investigation on the alleged improprieties in the process for hiring of an Assistant Clerk of the Board of Supervisors, a newly-created exempt position. The 2007-08 Civil Grand Jury received citizen complaints in July and August, 2007 alleging that proper procedures were not followed and that the selectee was not qualified to fill the position, did not fill out an application, did not meet the application deadline, was not interviewed by the same interviewing panel, and was not among the top fourteen applicants. Following an extensive review of the hiring documentation and interviewing the screening and selecting officials, the Civil Grand Jury could “find no evidence of pre-selection for the selected candidate”. In addition, “the allegations of incorrect process are not true”. The hiring process used was “more extensive than usual and went well beyond anything required by San Joaquin County for an exempt position”. Further, it appears the complainants had a misunderstanding of “exempt” positions and the hiring process required”. Included in the Civil Grand Jury’s report were the recommendations that “future announcements for exempt positions contain an explanation of what an exempt position means” and, “some type of hiring guideline for exempt positions be written and approved by the County Board of Supervisors”. # # # 2006-2007 Grand Jury Final Report |