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ACCEPT THE FINAL 2023-24 SAN JOAQUIN COUNTY CIVIL GRAND JURY REPORT AND APPROVE THE CITY OF STOCKTON RESPONSES
recommended action
RECOMMENDATION
It is recommended that the City Council accept the final 2023-24 San Joaquin County Civil Grand Jury Report and approve by motion the City’s responses.
It is also recommended that the City Council authorize the City Manager to submit all approved responses to the San Joaquin County Civil Grand Jury on behalf of the City and Council.
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Summary
Each year it is the duty of the San Joaquin Civil Grand Jury to examine and investigate the activities of local government and agencies within San Joaquin County. The 2023-2024 Civil Grand Jury conducted two new investigations, four second look reviews of prior follow-up reports, and issued four additional follow-up reports. Of these ten items, the City of Stockton is required to respond to four.
The City provides the attached responses for Council review, approval, and submission to the Grand Jury. The City also intends to provide the Grand Jury with an updated report on all outstanding items responsive to the new investigation “City of Stockton: Crisis in Government” in April of 2025, following the Grand Jury’s established March 31, 2025 deadline imposed on the City.
DISCUSSION
Background
California Penal Code 933 requires that “a grand jury shall provide to the affected agency a copy of the portion of the grand jury report relating to that person or entity […]” and “no later than 90 days after the grand jury submits a final report on the operations of any public agency subject to its reviewing authority, the governing body of the public agency shall comment to the presiding judge of the superior court on the findings and recommendations pertaining to matters under control of the governing body […].”
On June 16, 2024 the San Joaquin County Civil Grand Jury issued its revised and final copy of the 2023-2024 Report, provided as Attachment A.
The two new investigations conducted by the 2023-24 Grand Jury are:
• City of Stockton, Crisis in Government - Case No. 0123
• City of Tracy: Public Trust Still Not Restored - Case No. 0323
The 2023-24 Civil Grand Jury also took a “Second Look” at issues addressed in previous reports, where follow-up investigations may or may not have already been conducted, but another review was determined to be warranted based on concerns or the Grand Jury and citizen complaint. The four “Second Look” reports are:
• Mickie Grove Zoo: Honoring the Past, 2018-19 Report, Case No. 0218
• San Joaquin County Parks and Recreation Budget Challenges and Matters of trust, 2018-19 Report, Case No. 0118
• Cold Cases in San Joaquin County: On the Back Burner, 2018-19 Report, Case No. 0318
• Illegal Dumping: Talking Trash, 2019-20 Report, Case No. 0519
The Grand Jury also conducts a review of all responses submitted by agencies during the previous year, making a determination as to whether responses are adequate, implemented, or need additional follow-up. These findings are issued as “Follow-Up Reports” of which the 2023-24 Grand Jury completed four:
• San Joaquin County Custodial Facilities: Failing to Comply with the Prison Rape Elimination Act of 2003, 2022-23 Report, Case No. 0222
• School Safety in San Joaquin County: Developing a Culture of Safety, 2022-23 Report, Case No. 0322
• Good Intentions are Failing San Joquin County’s At-Risk Children, 2022-23 Report, Case No. 0422
• Eastern San Joaquin Groundwater Authority: A Rubik’s Cube of Water Management, 2022-23 Report, Case No. 0622
Of the work completed by the 2023-24 Grand Jury, identified above, the City of Stockton is required to respond to:
• New Investigation: City of Stockton: Crisis in Government, Case No. 0123
• Second Look: Cold Cases in San Joaquin County: On the Back Burner, 2018-19 Report, Case No. 0318
• Second Look: Illegal Dumping: Talking Trash, 2019-20 Report, Case No. 0519
• Follow-Up Report: School Safety in San Joaquin County: Developing a Culture of Safety, 2022-23 Report, Case No. 0322
Present Situation
City of Stockton: Crisis in Government - Case No. 0123
The City received the Grand Jury’s notification of this report on June 10, 2024. The City Manager, City Attorney, Interim City Clerk and staff have been working through the Council Legislative Committee to develop and make recommendations to the full Council that are responsive to the recommendations issued in this report. The City Response to City of Stockton, Crisis in Government (Attachment B) provides an update on Grand Jury recommendations already addressed by the City, along with timelines for items still outstanding. Grand Jury recommendations will continue to come to the full Council for consideration as staff continue to work through each item with the Council and Committee. The City will provide update to the Grand Jury in April of 2025, following the March 31, 2025, deadline for implementation established in the report.
Cold Cases in San Joaquin County: On the Back Burner, Case No. 0318
The City does not have record of receiving notification of this report from the Grand Jury, and only became aware of its obligation to respond on August 5, 2024. The City acknowledges Recommendations R1.0 and R1.2 included in the 2023-24 second look and submits Attachment C, City Response to Cold Cases in San Joaquin County. A follow up report from the Stockton Police Department will be submitted to the Grand Jury in October of 2024, in compliance with the Grand Jury’s target timeline to implement.
Illegal Dumping: Talking Trash, Case No. 0519
The City does not have record of receiving notification of this report from the Grand Jury, and only became aware of its obligation to respond on August 5, 2024. The City acknowledges Recommendations R1.1 and R1.2 included in the 2023-24 second look and submits Attachment D, City Response to Illegal Dumping. A follow up report from the Stockton Police Department will be submitted to the Grand Jury in November of 2024, in compliance with the Grand Jury’s target timeline to implement.
School Safety in San Joaquin County: Developing a Culture of Safety, Case No. 0322
The Stockton Police Department received notice of this report from the Grand Jury on June 25, 2024. The Stockton Police Department previously provided a response to this item (Attachment E), approved by Council motion 2023-12-05-1209 in December 2023. This response was submitted to Grand Jury, who subsequently confirmed receipt of the City Response, however, the 2023-24 Final Report states that the Stockton Police Department failed to respond.
The City will be resubmitting the previously approved response to the 2024-25 Grand Jury for review in response to the 2023-24 School Safety report.
If approved, the City Manager will submit all responses, Attachments B - E, to the Grand Jury on behalf of the City and Council.
FINANCIAL SUMMARY
Accepting the 2023-24 Grand Jury Final Report and approving the City Responses to will not impact the City’s General or Special Funds in any way.
Attachment A - 2023-24 San Joaquin County Grand Jury Final Report
Attachment B - City Response to Stockton: Crisis in Government, Case No. 0123
Attachment C - City Response to Cold Cases in San Joaquin County, Case No. 0318
Attachment D - City Response to Illegal Dumping, Case No. 0519
Attachment E - City Response to School Safety in San Joaquin County, Case No. 0322