City Council Special Meeting Agenda - September 14, 2021
Memo to: Manteca City Council
From: L. David Nefouse, City Attorney; Michael Harden, Interim City Manager
Prepared by: L. David Nefouse, City Attorney
Date: September 9, 2021
Subject: Response to the Grand Jury Report
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Approve a Response Letter to the San Joaquin County Civil Grand Jury’s Report “City of Manteca: A City Government in Turmoil,” Case No. 0320, and Authorize the Mayor or Vice Mayor to Execute the Response Letter on Behalf of the City Council
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Background:
The San Joaquin County Civil Grand Jury issued a report on its investigation of the City of Manteca prompted by multiple complaints it received regarding allegations of mismanagement on the part of Manteca City Government (the “Report”) (Attachment 1).
The Report contains findings and recommendations on three (3) topics: Inconsistent Employment Practices; Ineffectual City Management; and Faulty Financial Operations.
State law requires the City to respond to the Grand Jury’s findings and recommendations within 90 days of receipt of the request. Typically, staff drafts responses to grand jury reports and presents them to Council for approval prior to submitting them to the Presiding Judge of San Joaquin County Superior Court. Staff requests that the City Council review the draft response letter and finalize it. This item further requests that Council authorize the Mayor or Vice Mayor to sign the final response letter.
The San Joaquin County Grand Jury’s Report on its investigation of the City of Manteca was released on July 15, 2021. The Grand Jury’s investigation entailed conducting more than 20 interviews with city management and staff, past and present, and members of the city council, relating to allegations that took place in the years 2019 and 2020. Additionally, the Grand Jury reviewed relevant documents, media accounts, and relevant internet websites.
Section 933 of the Penal Code requires the governing body of the public agency that is the subject of a Grand Jury report to provide comments on the findings and recommendations regarding matters under its control within 90 days of the report being released. Subsection (c) of Section 933 further provides that “[i]n any city and county, the mayor shall also comment on the findings and recommendations.”
Per Section 933.05 of the Penal Code the responses to the findings and recommendations in a grand jury report must meet the following requirements: “(a) For purposes of subdivision (b) of Section 933, as to each grand jury finding, the responding person or entity shall indicate one of the following: (1) The respondent agrees with the finding. (2) The respondent disagrees wholly or partially with the finding, in which case the response shall specify the portion of the finding that is disputed and shall include an explanation of the reasons therefore.
(b) For purposes of subdivision (b) of Section 933, as to each grand jury recommendation, the responding person or entity shall report one of the following actions: (1) The recommendation has been implemented, with a summary regarding the implemented action. (2) The recommendation has not yet been implemented, but will be implemented in the future, with a timeframe for implementation. (3) The recommendation requires further analysis, with an explanation and the scope and parameters of an analysis or study, and a timeframe for the matter to be prepared for discussion by the officer or head of the agency or department being investigated or reviewed, including the governing body of the public agency when applicable. This timeframe shall not exceed six months from the date of publication of the grand jury report. (4) The recommendation will not be implemented because it is not warranted or is not reasonable, with an explanation therefore.”
The Report’s subject matter and content is highly critical because it speaks to how the City government was run during the bulk of 2019 and 2020, and the Grand Jury’s perception of these matters and their impact on the public, the City as an organization, and its employees. Staff looks to Council to approve the draft response letter attached to this Staff Report (Attachment 2). While some may agree or disagree with the Grand Jury’s findings and recommendations, the City understands that these conclusions were informed by the evidence the Grand Jury reviewed in the course of its investigation, including confidential testimony. Staff requests that Council review the draft response letter and authorize the Mayor or Vice Mayor to sign the letter so that the final response accurately reflects Council’s collective response.
Fiscal Impact:
No immediate fiscal impacts, however, the implementation of certain policies may cause budget adjustments depending on the proposed policy change by either the Grand Jury or the City.
Documents Attached:
1. Attachment 1 - Grand Jury Report
2. Attachment 2 - Grand Jury Draft Response Letter