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REVIEW AND APPROVE RESPONSE TO 2023-24 SAN JOAQUIN CIVIL GRAND JURY REPORT - CITY OF STOCKTON CRISIS IN GOVERNMENT CASE #0123
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RECOMMENDATION
It is recommended that the City Council adopt a resolution to:
1. Adopt Chapter 3.15 of the Council Policy Manual regarding Brown Act Investigations.
It is further recommended that the City Council adopt a motion to:
1. Direct staff regarding the desired response for Recommendation 3.1 concerning the Ethics Hotline process.
2. Approve the City's third, follow-up response to the 2023-24 San Joaquin Civil Grand Jury Case Number 0123, Crisis in Government.
3. Authorize the City Attorney 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 a new investigation and published a report entitled "Crisis in Government," case number 0123 (Attachment A).
This presented item is the City's third, follow-up response to the report and must be provided to the Civil Grand Jury by October 1, 2025.
The City Council is asked to review the response and approve forwarding it to the Civil Grand Jury (Attachment B). As part of this review, the City Council is asked to adopt a new Council Policy, Chapter 3.15, regarding the submission of findings if the City Council conducts an investigation into alleged Brown Act violations (Attachment C).
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.
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.
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.
A response to outstanding items is due to the Civil Grand Jury by October 1, 2025.
Present Situation
On August 25, 2025, the Legislation/Environmental Committee met and reviewed the outstanding recommendations made by the Civil Grand Jury, recommendations 1.2, 2.3 and 3.1, and proposed responses. These items and the Committee recommendations have been outlined below for the Councill's review and consideration.
R 1.2: By October 1, 2025, the Stockton City Council should establish a policy for addressing threatening communications directed at City officials and employees. The policy should include forwarding threats to the District Attorney's office.
Staff proposes the following response:
CITY RESPONSE:
The City Acknowledges the Grand Jury's recommendation R1.2. City of Stockton Administrative Directive HR-64 - Workplace Violence Crisis Management Policy, addresses the procedure for handling threats received by City Official and employees. The city further developed written Workplace Violence Prevention Plans in accordance with guidance received from Cal/OSHA.
For the City Council's review, staff has attached Administrative Directive HR-64 - Workplace Violence Crisis Management Policy (Attachment D).
On August 25, 2025, the Legislation/Environmental Committee directed staff to forward the response to R1.2 to City Council for approval. No changes to the response have been made.
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."
Staff proposes the following response:
CITY RESPONSE:
Via Resolution 2025-09-xx-xxxx the City Council has adopted Council Policy Manual Chapter 3.15, Brown Act Investigations. The policy provides: "If by majority vote the City Council orders an investigation into alleged Brown Act violation(s), all findings from the investigation regarding the alleged Brown Act violation(s) shall be submitted to the Civil Grand Jury within seven (7) days of receipt by the City Council."
As part of its review, the City Council is asked to adopt the referenced Council Policy Manual Chapter 3.15, regarding the submission of Brown Act investigation findings (Attachment C). 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.
On August 25, 2025, the Legislation/Environmental Committee directed staff to forward the proposed Council Policy to R2.3 to City Council for approval. No changes to the proposed policy have been made.
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."
On August 25, 2025, the Legislation/Environmental Committee heard staff's recommendation that a Request for Proposal (RFP) be issued to seek qualified applicants to conduct the recommended investigation of the City's Ethics Hotline process. Due to concerns regarding the additional City expenditures for the RFP, the subsequent contract, and any resulting investigations, the Committee recommended an alternate response to state that an internal review will be conducted and the function will remain in-house.
In light of the Committee's feedback, staff drafted the following response:
CITY RESPONSE:
The City Acknowledges the Grand Jury's recommendation R3.1 and the importance of ensuring employees have confidence in the City's Ethics Hotline process. The Ethics Hotline is currently maintained by the Stockton City Attorney's Office. The City of Stockton will work internally to review the current process to ensure that the Stockton City Attorney's Office can adequately maintain the system and preserve confidence in the system. Provided the City is assured of this, the functions and review of the Ethics Hotline will be retained internal to the City.
If the City Council would like to pursue the original staff recommendation to issue an RFP, the response would read as follows:
CITY RESPONSE:
The City Acknowledges the Grand Jury's recommendation R3.1 and the importance of ensuring employees have confidence in the City's Ethics Hotline process. The City Council provided direction to staff during its September 23, 2025, meeting to issue an RFP for the retention of an independent third party to investigate the City's Ethics Hotline process.
Staff asks for direction on which response to Recommendation 3.1 to include in the third response to the Civil Grand Jury. Once clarified and if approved, the City Attorney will submit the responses reflected in Attachment B to the Grand Jury on behalf of the City and Council.
FINANCIAL SUMMARY
There is no immediate financial impact by recommending this action.
Attachment A - 2024-25 Grand Jury Final Report, Case No. 0123
Attachment B - Third follow-up response to Case No. 0123, Crisis in Government
Attachment C - Proposed Council Policy Chapter 3.15
Attachment D - Admin Dir HR-64