City Council Agenda
|
Memo to: |
Manteca City Council |
|
|
|
|
From: |
Stephen Schluer, Chief of Police |
|
|
|
|
Prepared by: |
Mitch Ellis, Police Captain |
|
|
|
|
Date: |
December 3, 2024 |
|
|
|
|
Subject: |
Response to the Grand Jury Report |
Recommendation:
title
Approve a Response Letter to the San Joaquin County Civil Grand Jury’s Report “2023-2024 San Joaquin County Civil Grand Jury Second Look to the 2018-2019 San Joaquin County Civil Grand Jury Report Case #0318: Cold Cases in San Joaquin County: On the Back Burner,” Case No. 0318, and Authorize the Mayor or Vice Mayor to Execute the Response Letter on Behalf of the City Council
body
Background:
In 2018-2019, the San Joaquin County Civil Grand Jury issued a report of its investigation into cold cases. Recently the San Joaquin County Civil Grand Jury revisited this report. The report contained findings and recommendations on four topics:
1. Each law enforcement agency in San Joaquin County develop a plan to define, prioritize, and digitally track cold case investigations no later than December 31, 2019. Prioritization will emphasize available physical evidence and utilize emerging DNA testing techniques.
2. Each law enforcement agency in San Joaquin County expands their definition of “cold case” to include missing persons with suspicious circumstances, and sexual assault (forcible rape and attempted rape) in addition to homicide no later than December 31, 2019
3. Each law enforcement agency in San Joaquin County signs a Partnership and Cooperation Agreement with the newly formed Cold Case Task Force no later than March 31, 2020
4. Each law enforcement agency in San Joaquin County develops a procedure and practice for maintaining periodic contact with family members of cold case victims no later than March 31, 2020
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 cold case files was released on October 15, 2024.
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. Manteca Police Department policy 600.9 states the following:
600.9 COLD CASES In accordance with section 600.5 of this policy the following definitions shall apply. Cold cases shall refer to all cases where all known leads have been exhausted, the statute of limitations has expired, or the case has been submitted to the District Attorney and declined, and no new information is available to re-submit the case to the District Attorney. Serious cold cases shall mean any missing persons case, where the person is missing under suspicious circumstances, unsolved homicide or sexual assault where all known leads have been exhausted, the statute of limitations has not expired, or the case has been submitted to the District Attorney and declined, and no new information is available to re-submit the case to the District Attorney. In the event of any new information, new technological advancements or when time permits, the Investigations Supervisor should assign investigators to review and investigate any serious cold cases that meet this criteria. Families of serious cold case victims should be kept apprised of any new developments in their case, as practicable and will not jeopardize the case, violate department policy or infringe upon suspect rights.
While this policy does not specifically outline how these cases are tracked, the Manteca Police Department does have a digital file of all homicides that notates what is considered a cold case. To further comply with the Grand Jury’s recommendations, the Manteca Police Department will expand the digital tracking of cold case files to include not only homicide, but also include missing persons with suspicious circumstances and sexual assault (forcible rape and attempted forcible rape). This digital tracking will be operational by January 1, 2025.
2. It is the opinion of the City this policy already complies with the Grand Jury’s recommendation.
3. Currently the Manteca Police Department does not have funding to dedicate personnel to a Cold Case Task Force. The Manteca Police Department would be willing to work closely with the Cold Case Task Force to maintain a good working relationship and to consistently investigate cold cases.
4. It is the opinion of the City this policy already complies with the Grand Jury’s recommendation. It is also the opinion of the City that wishes of the family should be respected and this policy should be adhered to on a case-by-case basis.
Staff looks to Council to approve the draft response letter attached to this Staff Report (Attachment B). 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 - Response Letter