3�pW N OF
DATE:
TO:
FROM
COUNCIL AGENDA REPORT
AUGUST 20, 2013
MAYOR AND TOWN COUNCIL
GREG LARSON, TOWN MANAGER
MEETING DATE: 09/03/2013
ITEM NO
R
SUBJECT: APPROVE THE RESPONSE TO THE SANTA CLARA COUNTY GRAND JURY
REPORTS REGARDING LAW ENFORCEMENT PUBLIC COMPLAINT
PROCEDURES AND PUBLIC SAFETY DISABILITY RETIREMENT RATES
RECOMMENDATION:
Staff recommends that the Town Council approve the response to the Santa Clara County Grand Jury
report regarding Law Enforcement Public Complaint Procedures. The report addressing The State of
Public Safety Disability Retirement Rates in the County makes no findings or recommendations
regarding the Town; therefore, no Town response is required.
BACKGROUND:
On June 24, 2013 and June 27, 2013 the Santa Clara County Civil Grand Jury issued separate reports
regarding Law Enforcement Public Complaint Procedures and Public Safety Disability Retirement Rates
in the County, respectively. The report addressing public complaint procedures directs the Town to
respond to specific findings and recommendations. The report addressing public safety disability
retirement rates makes no findings or recommendations regarding the Town; _therefore, no Town
response is required.
DISCUSSION:
The Santa Clara County Civil Grand Jury issued two separate reports regarding 1) law enforcement
public complaint procedures and 2) the state of public safety disability retirement rates in the county.
Both reports focus on best practices to improve service delivery and reduce operational costs.
PREPARED BY: SCOTT R. SSEEAMAN, CHIEF OF POLICE
Reviewed by: � Assistant Town Manager Town Attorney Finance
N:\Police \Council Reports\2013 \Town Council Report for Public Safety
PAGE 2
MAYOR AND TOWN COUNCIL
SUBJECT: APPROVE THE RESPONSE TO THE SANTA CLARA COUNTY GRAND JURY
REPORTS REGARDING LAW ENFORCEMENT PUBLIC COMPLAINT
PROCEDURES AND PUBLIC SAFETY DISABILITY RETIREMENT RATES
AUGUST 20, 2013
The Town of Los Gatos is included in each report as the Police Department is part of the public safety
disability retirement system and is required by law to establish a procedure to investigate complaints
from members of the public against its personnel. As there are no findings against the Town in the
disability report, the Town is only required to respond by letter to the Grand Jury to specifically
identified findings and recommendations in the complaint process report.
This report discusses each of the findings and recommendations as they relate to the Town and states the
Town's intended response to the Grand Jury. Following state law, the Grand Jury utilizes a structured
format for response. In its response, the Town is required to either agree or disagree with the applicable
finding. If the Town agrees with a finding, the Town must respond with one of four possible actions. If
the Town disagrees with a finding, the response must include reasons for disagreement.
Grand Jury Report: Law Enforcement_ Public Complaint Procedures
The complaint procedure report outlines and evaluates the basic issues associated with the procedures
and methods utilized by local law enforcement agencies receiving complaints from members of the
public. Two findings and recommendations were made in the report relative to the Town. The Town is
required to respond to both.
Finding 7
The Los Gatos Police Department does not make all of their complaint materials available on -line and
also freely available in hard copy form in their lobby.
Recommendation 7
The Los Gatos Police Department should make their complaint materials available on -line and also
freely available in hard copy form in their lobby.
Response: Agree. The recommendation has been implemented.
The Town of Los Gatos has created a Citizen Complaint /Commendation Procedure brochure and
updated its Citizen Complaint form. Citizen Complaint /Commendation Procedure brochures and
updated Citizen Complaint forms are available on -line through the Town's website. Brochures and
citizen complaint forms are also now publicly available, in the lobbies of the Headquarters and Police
Operations Buildings.
Finding 8
The Los Gatos Police Department complaint materials are only available in English.
PAGE 3
MAYOR AND TOWN COUNCIL
SUBJECT: APPROVE THE RESPONSE TO THE SANTA CLARA COUNTY GRAND JURY
REPORTS REGARDING LAW ENFORCEMENT PUBLIC COMPLAINT
PROCEDURES AND PUBLIC SAFETY DISABILITY RETIREMENT RATES
AUGUST 20, 2013
Recommendation 8
The Los Gatos Police Department should make multilingual compliant materials available on -line and
also freely available in hard copy form in their lobby.
Response: Agree. The recommendation has been implemented.
The Town of Los Gatos has made its complaint materials multilingual by translating its Citizen
Complaint/Commendation Procedures brochure and Citizen Complaint form to Spanish. The materials
have been reviewed by a professional translator. Citizen Complaint/Commendation Procedure brochures
and Citizen Complaint forms are now available on -line, in Spanish, through the Town's website.
Brochures and citizen complaint forms are also now available in Spanish, at both Police Headquarters
and the Police Operations Building.
CONCLUSION:
Staff recommends that the Town Council approve the response to the Santa Clara County Grand Jury
report regarding Law Enforcement Public Complaint Procedures. Upon Council approval, staff will
prepare a letter to the Grand Jury by the September 25, 2013 due date.
ENVIRONMENTAL ASSESSMENT:
Is not a project defined under CEQA, and no further action is required.
FISCAL IMPACT:
There is no direct fiscal impact associated with implementing the Grand Jury recommendations.
Regarding Law Enforcement Public Complaint Procedures, the total cost associated for
translation/printing of Spanish brochure was $90.00
Attachments:
1. Letter dated June 24, 2013 from Grand Jury regarding its Final Report, Law Enforcement Public
Complaint Procedure.
2. Letter dated June 27, 2013 from Grand Jury regarding its Final Report, The State of Public Safety
Disability Retirement in the County.
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t,
t 1'
Honorable Barbara Spector
Mayor
Town of Los Gatos
Town Hall
110 East Main Street
Los Gatos, CA 95030
June 24, 2013
Dear Mayor Spector and Members of the Town Council:.
JUN 2 5 2013
"AYOA & TOWN COUNCIL
The 2012 -2013 Santa Clara County Civil Grand Jury is transmitting to you its Final Report, Law
Enforcement Public Complaint Procedures.
California Penal Code § 933(c) requires that a governing body of the particular public agency or
department which has been the subject of a Grand Jury final report shall respond within 90 days to the
Presiding Judge of the Superior Court on the findings and recommendations pertaining to matters under
the control of the governing body. California Penal Code § 933.05 contains guidelines for responses to
Grand Jury findings and recommendations and is attached to this letter.
As stated in Penal Code § 933.05(a), attached, you are required to "Agree" or "Disagree" with
each APPLICABLE Finding(s) 7 & 8 . If you disagree, in whole or part, you must include an
explanation of the reasons you disagree. .
As stated in Penal Code § 933.05(b), attached, you are required to respond to each
APPLICABLE Recommendation(s) 7 & 8, with one of four possible actions.
Your comments are due in the office of the Honorable Brian C. Walsh, Presiding Judge,
Santa Clara County Superior Court, 191 North First Street, San Jose, CA 95113, no later than
Wednesday, September 25, 2013.
Copies of all responses shall be placed on file with the Clerk of the Court.
Sincerely,
STEVEN P. McPHERSON
Foreperson
2012 -2013 Civil Grand Jury
SPM:dsa
Enclosures (2)
cc: Mr. Greg Larson, Town Manager, Town of Los Gatos
Chief Scott Seaman, Los Gatos /Monte Sereno Police Deparment
Honorable Curtis Rogers, Mayor. and Members of the City Council, City of Monte Sereno
ATTACHNIENT I
June 27, 2013
Honorable Barbara Spector
Mayor
Town of Los Gatos
Town Hall
110 East Main Street
Los Gatos, CA 95030
Dear Mayor Spector and Members of the Town Council:
RECEIVED
JUN 2 2 2013
MAYOR & TOWN COUNCIL
The 2012.2013 Santa Clara County Civil Grand Jury is pleased to send you its Final
Report, The State of Public Safety Disability Retirement Rates in the County, Filed
with the Santa Clara County Superior Court Clerk on June 27, 2013. This is being sent
to you as a courtesy. No response is required.
The enclosed report is a different
version than the report hand
delivered earlier this week. A
factual error has been corrected.
Gloria Chacon, Court Manager
SPM:dsa
Enclosure
Sincerely,
-77
STEVEN P. McPHERSON
Foreperson
2012 -2013 Civil Grand Jury
cc: Mr. Greg Larson, Town Manager, Town of Los Gatos
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