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2023-2024 CIVIL GRAND JURY RECOMMENDATIONS R2.3 AND R3.1
recommended action
RECOMMENDATION
It is recommended that the Legislation and Environmental Committee receive information regarding recommendations R2.3 and R3.1 of the 2023-2024 Civil Grand Jury report, entitled “Crisis in Government,” case number 0123, provide staff direction, and consider forwarding a recommendation to the City Council to resolve these outstanding recommendations.
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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 a new investigation and published a report entitled “Crisis in Government,” case number 0123 (Attachment A).
This report is regarding the Grand Jury recommendations numbered R2.3, relating to the release of the results of Brown Act investigations, and R3.1, relating to an investigation of the City’s Ethics Hotline.
DISCUSSION
Background
California Penal Code section 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 […].”
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 worked through the Council Legislative Committee to develop and make recommendations to the full Council responsive to the recommendations issued in this report.
On August 20, 2024, by motion 2024-08-20-1210, the City Council approved the City’s initial 90-day response to the full 2023-24 report. That response included responses to other, older Grand Jury reports as well as the 2023/24 report regarding case number 0123, Crisis in Government,” with information available at that time. The response confirmed the timelines for the City to provide additional information, as necessary, and as required by the Grand Jury (Attachment B).
On October 1, 2024, by motion 2024-10-01-1205, the City Council approved the City’s second follow-up response to the 2023-24 San Joaquin Civil Grand Jury’s Second Look at the 2018-19 Report, Case No. 0318, Cold Cases in San Joaquin County: On the Back Burner. While that report did not include a substantive response to Case No. 0123, within that response, the City agreed to provide the Grand Jury with a second follow-up response to Case No. 0123, Crisis in Government, in April 2025 (Attachment C).
Due to staffing changes, the follow-up response was not submitted in April 2025. On May 13, 2025, staff presented the proposed response to the City Council for consideration. By Motion 2025-05-13-1202 the item was moved to the June City Council meeting. On June 3, 2025, via Motion 2025-06-03-1212, the City Council authorized the submission of the second follow-up response (Attachment D).
The City’s next anticipated update to the Grand Jury is set for September 2025.
Present Situation
The outstanding recommendations to be addressed in the September 2025 response include, in part*, Recommendation 2.3 and 3.1. These items have been outlined below for the Committee’s review and consideration.
R2.3: “By October 1, 2025, the Stockton City Council shall enact a policy requiring all findings from investigations into alleged Brown Act violations to be submitted to the Civil Grand Jury within seven days of receipt by the Council.”
Included as Attachment E is a proposed Council Policy for the Committee’s consideration. The proposed policy provides the recommended seven (7) day submission if the City Council conducts an investigation into alleged Brown Act violations. The policy expressly states that the City retains the right to determine if it will conduct such an investigation. It further clarifies that, regardless of the existence of any City-conducted investigation, referrals to the Civil Grand Jury can be made in accordance with its standard procedures, which remains true whether or not the City Council adopts the proposed policy.
R3.1 “By October 1, 2025, the Stockton City Council shall hire an independent third party to investigate the City’s Ethics Hotline process to regain employee and public trust in the system.”
Staff recommends that a Request for Proposal (RFP) be issued to seek qualified applicants to conduct the recommended investigation of the City’s Ethics Hotline process. Additionally, Staff seeks direction from the Committee on what parameters or alternatives it like would recommend to the City Council, if any.
FINANCIAL SUMMARY
There are no anticipated financial impacts from potential policy change recommended for R2.3. The cost of the contract and any resulting investigation recommended for R3.1 will be determined following the issuance of a solicitation, if so directed.
Attachment A - 2024-25 Grand Jury Final Report, Case No. 0123
Attachment B - August 2024 Letter
Attachment C - October 2024 Report
Attachment D - June 2025 Letter
Attachment E - Proposed Council Policy Chapter 3.15