Board of Supervisors

Transcription

1 Board of Supervisors December 6, 2016 Honorable Board of Supervisors County Administration Building 1221 Oak Street, Suite 536 Oakland, CA SUBJECT: ACCEPT THE PUBLIC SAFETY-COMMUNITY RELATIONS AD HOC COMMITTEE REPORT AND ADOPT A RESOLUTION REQUIRING THE SHERIFF S OFFICE TO REPORT ANNUALLY TO THE BOARD PUBLIC PROTECTION COMMITTEE Fellow Members of the Board: RECOMMENDATIONS A. Accept the Public Safety-Community Relations Ad Hoc Committee Report; and B. Adopt a resolution establishing a requirement for the Sheriff s Office to annually report to the Board Public Protection Committee on action items as recommended by the Ad Hoc Committee to enhance community relations between the Sheriff s Office and the public in Alameda County. DISCUSSION/SUMMARY The Public Safety-Community Relations Ad Hoc Committee conducted four public meetings with the goal of enhancing police and community relations while gaining a deeper understanding of community concerns. After the initial meeting on November 24, 2015, the Committee developed six action items and asked the Alameda County Sheriff s Office to return to the committee with a report. The action items include: 1. Review of the Alameda County Sherriff s Office (ACSO) grievance procedures to determine the number of grievances over the last 20 years and their outcomes. 2. Review of the Adult Inmate Medical Services (AIMS) panel and its functions. 3. A presentation by ACSO on the inmate death process, including who reviews the cases, which departments are notified, the number of deaths at Santa Rita Jail over the last 20 years, and access to the Coroners Reports regarding inmate deaths. 4. A status update on the Corizon contract by ACSO, including provisions for canceling the contract, the County s bid process, and the timeframe for when the Inmate Health Services contract goes out to bid for Report on the concept of a citizens police/sheriff review board, including current models, the number of existing California review boards and their locations, and the authority of the BOS to create a review board.

2 6. Pass a resolution establishing a requirement for the Sheriff s Office to annually report to the Board Public Protection Committee. Presentations on these actions items were provided by ACSO between the periods of November 24, 2015 and May 3, In April 2016, the 100 Black Men of the Bay Area sought the adoption of a draft resolution, which was referred to County staff for review and input. The attached resolution incorporates requirements that the Sheriff s Office report annually to the Board of Supervisors Public Protection Committee regarding: 1) Law enforcement activities during the prior twelve months, including Police Officer Standards Training (POST), citizen s complaints, jail grievances, public outreach and engagement efforts and 2) Activities to educate the public and foster community understanding of law enforcement practices, including social justice issues, with a focus on 21 st century policing practices. The 100 Black Men of the Bay Area is an organization committed to increasing the quality of life in African American communities by improving the educational, economic, and social status of African Americans across the entire nation. FINANCING There is no fiscal impact to this report or resolution. Respectfully submitted, Nate Miley, Supervisor Richard Valle, Supervisor District 4 District 2

3 Memo TO: Board of Supervisors FROM: Supervisor Nate Miley, District 4 Supervisor Richard Valle, District 2 DATE: December 6, 2016 RE: Public Safety-Community Relations Ad Hoc Committee Report Introduction The Public Safety-Community Relations Ad Hoc Committee conducted four public meetings between the period of November 24, 2015 and May 3, 2016 with the goals to enhance community relations between the Sheriff s Office and the community in Alameda County, and to gain a deeper understanding of community concerns. After the initial meeting on November 24, 2015, the Committee came up with six action items to pursue: Review of the Alameda County Sherriff s Office (ACSO) grievance procedures to determine the number of grievances over the last 20 years and their outcomes. Review of the Advancing Integrated Mental Health Solutions (AIMS) panel and its functions. A presentation by ACSO on the inmate death process, including who reviews the cases, which departments are notified, the number of deaths at Santa Rita Jail over the last 20 years, and access to the Coroner s Reports regarding inmate deaths. A status update on the Corizon contract by ACSO, including provisions for canceling the contract, the County s bid process, and the timeframe for when the Inmate Health Services contract goes out to bid for Report on the concept of a citizens police/sheriff review board, including current models, the number of existing California review boards and their locations, and the authority of the Board of Supervisors (BOS) to create a review board. Pass a resolution establishing a requirement for the Sheriff s Office to annually report to the Board Public Protection Committee. Jail Grievance Procedures Assistant Sheriff Keteles reported on the inmate grievance process at the Committee s second meeting. According to Assistant Sheriff Keteles, inmates are advised of the grievance process when they arrive at the jail and instructed to watch an orientation video that explains the process. They are advised to use the grievance process to address and help resolve any concerns with their conditions while in confinement. The Santa Rita Jail Grievance Unit is responsible for all investigation, documentation, tracking and storage of grievances. The Grievance Unit is required to investigate and respond to all grievances within 21 days. An inmate has the right to appeal any grievance response received by the Grievance Unit to the Watch Commander. The Grievance Unit and the individual who

4 filed the grievance receive a final disposition packet from the Watch Commander. Final disposition packets are stored at the facility for five years. From January 2011 until the time of the Sheriff s report, there were 10,203 grievances filed between the two jail facilities Santa Rita Jail and Glenn Dyer Jail. The majority of dispositions are assigned to four categories: denied, resolved, referred, and affirmed. There were 6,369 grievances denied; 2,104 grievances resolved; 885 grievances referred to previous grievances; and 459 grievances affirmed. Affirmed grievances indicate that the person who filed the grievance was accurate and corrective action was documented in the Grievance Unit. Status and Certain Provisions of the Corizon Contract General Services Agency (GSA) reported on the status of the Corizon contract. The Corizon contract with Alameda County expired on June 30, As a result, GSA in collaboration with the ACSO will conduct a competitive Request for Proposals (RFP) bid process for healthcare services at the County jails. GSA will bring the proposed selected bidder contract to the BOS for approval prior to the end of the Corizon contract, which adheres to the County s normal procurement process. The Sheriff s role in the RFP process is to review and evaluate the RFP. County Counsel reported that if the County decides to cancel the Corizon contract, it must provide at least 120 days notice of termination. In addition, the County is responsible for paying the remaining contract amount upon termination. Either party can give 120 days written notice of termination on a contract. Inmate Death/Coroner Review The Sheriff s Office reported on the procedures for the investigation of in-custody deaths at the County jail. Under Title 15 (Crime Prevention and Corrections) of the California Code of Regulations, Subchapter 4 (Minimum Standards for Local Detention Facilities) states that when a scene is secured, the Watch Commander visits the scene and makes immediate reports of the death. The Watch Commander then reports that information to the Sheriff and sends an additional report to the Patrol Watch Commander, Coroner s Bureau and third party medical consultant. The Patrol Investigations Unit may or may not respond to the scene. The scene would be processed and evaluated by the investigators in conjunction with the Coroner. Coroner Investigators respond to all in custody deaths and conduct investigations into the manner and cause of death of inmates. There is an annual review of all in custody deaths. Alameda County Sheriff s Office Outreach Efforts to Community The Deputy Sheriff s Activities League (DSAL) is a nonprofit organization in the Crime Prevention Unit of the Sheriff s Office designed to reduce recidivism in the County s unincorporated communities through outreach and community programs. Over the last 12 years, they have hosted many events and healthy activities, such as their soccer and boxing programs, and served approximately 5,000 people. DSAL also established an economic enterprise called Dig Deep Farms where they hire people coming out of Santa Rita jail and participants of REACH Ashland Youth Center as staff.

5 Citizens Oversight and Review of Alameda County Sheriff s Office County Counsel presented an oral report on existing Citizen s Oversight and Review Committees in California. The purpose of the committees is to review the policies and procedures of law enforcement. The California Government Code authorizes the BOS to appoint citizen committees to study problems of general or special interest to the Board and make reports and recommendations to the Board, including creating law enforcement review committees, as long as the findings and recommendations are advisory in nature and non-binding. The BOS has limited authority on these committees. County Counsel s research showed that out of 58 counties in California, seven counties adopted citizens review committees of varying models. COUNTY COMMITTEE FEATURES San Diego San Diego County s committee is comprised of eleven community members and four county employees. The committee accepts citizen complaints, investigates selective matters, and makes advisory recommendations. Orange Orange County has an Office of Independent Review comprised of an Executive Director and professional staff of independent workers responsible for monitoring the protocols of the Sheriff s Office and investigating critical incidents. They report directly to the Board of Supervisors, who may share that information with the Sheriff s Office. Sacramento Sacramento County has a Community Outreach Advisory Board that works collaboratively with the community to resolve conflict. They provide annual reviews to the Sheriff and Board of Supervisors concerning complaints and testimony from the community. King King County has an Office of Law Enforcement Oversight that reviews any misconduct within the Sheriff s Office to ensure integrity, transparency, and accountability of law enforcement practices. Humboldt Humboldt County has a Citizen Law Enforcement Liaison Committee designed to educate the public on the Sheriff s Office policies and procedures, suggest improvements and work with the public and law enforcement to solve problems. Los Angeles Los Angeles County has an oversight commission in process that is similar to San Diego County. Sonoma Sonoma County has an oversight commission that is similar to Orange County. Los Angeles, Sonoma and San Diego counties review committees were created as a result of high profile cases and investigations. Supervisor Miley commented that, as a result of incidents that occurred in the jail under the Corizon contract, the Board of Supervisors created the Ad Hoc Committee to respond to the concerns of the public and that, in lieu of an oversight committee, should create a resolution around transparency and trust that provides citizens with an annual report of Sheriff s Office activities.

6 A Resolution Establishing a Requirement for the Sheriff s Office to Annually Report to the Board Public Protection Committee In April 2016, the 100 Black Men of the Bay Area sought the adoption of a draft resolution, which was referred to County staff for review and input. The attached resolution incorporates requirements that the Sheriff s Office report annually to the Board of Supervisors Public Protection Committee regarding: 1) Law enforcement activities during the prior twelve months, including Police Officer Standards Training (POST), citizen s complaints, jail grievances, public outreach and engagement efforts and 2) Activities to educate the public and foster community understanding of law enforcement practices, including social justice issues, with a focus on 21 st century policing practices. The 100 Black Men of the Bay Area is an organization committed to increasing the quality of life in African American communities by improving the educational, economic, and social status of African Americans across the entire nation.

7 BOARD OF SUPERVISORS, COUNTY OF ALAMEDA, STATE OF CALIFORNIA RESOLUTION NO. R A RESOLUTION ESTABLISHING A REQUIREMENT FOR THE SHERIFF'S OFFICE TO ANNUALLY REPORT TO THE BOARD PUBLIC PROTECTION COMMITTEE WHEREAS, during the September 15, 2015, regular Board meeting the Board of Supervisors voted to create a public safety community relations ad hoc committee; and WHEREAS, the ad hoc committee was to focus on the relationship between the community and the Alameda County Sheriff's Office; and WHEREAS, on October 13, 2015, Board President Haggerty appointed Supervisor Valle and Supervisor Miley to the ad hoc committee, with Supervisor Miley designated to chair the committee; WHEREAS, the Public Safety Community Relations Ad Hoc Committee conducted four public meetings with the goal of improving understanding between the community and the Sheriff's Office through an open, public and transparent process; and WHEREAS, the Ad Hoc Committee heard reports from the Sheriff's Office and others on topics ranging from jail grievance procedures, inmate medical health services, the inmate death and Coroner review process, to programs operated by the Sheriff's Youth and Family Services Bureau; and WHEREAS, the Ad Hoc Committee recommended to the full Board that the Sheriff make annual reports to the Board Public Protection Committee; and WHEREAS, the Ad Hoc Committee encourages citizens to document perceived law enforcement misconduct in the manner permitted by the Penal Code; NOW, THEREFORE, BE IT RESOLVED by the Board of Supervisors as follows: Section 1. That the Sheriffs Office make an annual presentation to the Board's Public Protection Committee regarding law enforcement activity during the prior 12 month period and including statistics for POST training, citizen complaints, jail grievances, public outreach and engagement efforts, and critical incidents. Section 2. That the Sheriff's Office annual presentation include information to educate the public and foster community understanding of law enforcement practices, including social justice matters, with a focus on efforts made to move forward with Century Policing in which law enforcement personnel act as "guardians" not "warriors." Section 3. That citizens are encouraged to exercise t-heir right to photograph or make audio or video recordings of law enforcement officers while the officers are in a public place and so long as the person making the recording is in a place he or she has the right to be, as allowed by Penal Code sections 69 and 148.

8 PASSED AND ADOPTED by the Board of Supervisors of the County of Alameda, State of California, this..fit.h. day of December 2016, by the following vote: AYES: NOES: Supervisors Carson, Chan, Miley & Valle None EXCUSED: President Haggerty ATTEST: By: _..J...:::::~~~!::o.2:::::::~...t.:{,,,~!>..11-'V') Clerk of Board of Su Approved as to Form: DONNA R. ZIEGLER, COUNTY COUNSEL ~~~~J~ By~~~~~~~~~~~~~~ Andrea L. Weddle Assistant County Counsel