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HomeMy WebLinkAboutItem 12 - Response to Grand Jury Report - Joint Agency Dispatch Department Name: Police Cost Center: 8001 For Agenda of: December 8, 2020 Placement: Consent Estimated Time: N/A FROM: Jeff Smith, Interim Chief of Police Prepared By: Brian Amoroso, Operations Captain SUBJECT: RESPONSE TO GRAND JURY REPORT – JOINT AGENCY DISPATCH: BETTER TOGETHER? RECOMMENDATION Receive and file the County of San Luis Obispo Grand Jury Agency Response to Report (Attachment A) regarding contracting City Police and Fire dispatching services to the County Sheriff and CalFire. DISCUSSION On November 3rd, 2020, the City of San Luis Obispo received a report from the San Luis Obispo Grand Jury, titled “Joint Agency Dispatch, Better Together?” (Attachment B). The City was asked to provide a response to Recommendation #1. R1. The Cities of Atascadero, Grover Beach, Paso Robles, Pismo Beach and San Luis Obispo, should each request a proposal from the San Luis Obispo County Sheriff and Cal Fire to provide contract dispatch services and present it as an option in future budgets. The City recently completed a joint dispatch consolidation study in May 2020 (Attachment C), which researched the feasibility of a combined multi-agency dispatch approach or contracting the services to the San Luis Obispo Sheriff’s Office and Cal Fire. Based on the information gathered during this process, it was determined that consolidation was not an advantageous option in cost- savings, service levels, or decision-making authority. The Grand Jury response document details these conclusions (Attachment D). Policy Context A response to the Grand Jury report is required by the Law Enforcement Agency Head, the Mayor, and the governing City and County advisory boards per California Penal Code 933 (Attachment E). “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 Item 12 Packet Page 201 the superior court on the findings and recommendations pertaining to matters under the control of the governing body, and every elected county officer or agency head for which the grand jury has responsibility pursuant to Section 914.1 shall comment within 60 days to the presiding judge of the superior court, with an information copy sent to the board of supervisors, on the findings and recommendations pertaining to matters under the control of that county officer or agency head and any agency or agencies which that officer or agency head supervises or controls. In any city and county, the mayor shall also comment on the findings and recommendations. All of these comments and reports shall forthwith be submitted to the presiding judge of the superior court who impaneled the grand jury. A copy of all responses to grand jury reports shall be placed on file with the clerk of the public agency and the office of the county clerk, or the mayor when applicable, and shall remain on file in those offices. One copy shall be placed on file with the applicable grand jury final report by, and in the control of the currently impaneled grand jury, where it shall be maintained for a minimum of five years.” Chief Smith’s written response to the Grand Jury report was sent to Presiding Judge Jacqueline Duffy on November 16, 2020. ENVIRONMENTAL REVIEW The California Environmental Quality Act does not apply to the recommended action in this report, because the action does not constitute a “Project” under CEQA Guidelines Sec. 15378. FISCAL IMPACT Budgeted: N/A Budget Year: Funding Identified: N/A Fiscal Analysis: Funding Sources Current FY Cost Annualized On-going Cost Total Project Cost General Fund N/A State Federal Fees Other: Total There is no impact on the City’s General Fund associated with this action. Any training cost resulting from the recommendation would be absorbed by the Police department’s budget appropriation. Item 12 Packet Page 202 ALTERNATIVES Council may direct staff to change the Grand Jury response and continue discussions to consolidate dispatching services. Attachments: a - Agency Response to Report b - Summary of Joint Dispatch: Better Together? c - Final Executive Summary Report - SLO Dispatch Consolidation d - Grand Jury Response e - Penal Code 933 Item 12 Packet Page 203 Item 12 Packet Page 204 Submitted November 5, 2020 1 JOINT AGENCY DISPATCH: BETTER TOGETHER? SUMMARY Improvements in technology, budget constraints and discussions about a co-located dispatch center have led several agencies to consider combining dispatch operations for public safety agencies in San Luis Obispo County. There are several examples of successful joint dispatch operations in our county. Cal Fire provides dispatch service to all the local agencies in the unincorporated areas of the county and the cities of Arroyo Grande, Grover Beach, Morro Bay and Pismo Beach. The County Sheriff provides 911 service and Law Enforcement Dispatch service to the Cities of Arroyo Grande and Morro Bay through contracts. The contract expense formula for sheriff dispatch service provided significantly lower cost for both cities. Our interviews revealed that contracting agencies are satisfied with the service they receive. They note that separate fire and police dispatch services are superior. Additional dispatch capacity relieves stress in busy periods as well as the ability to stage or send interagency help when necessary. This action provides faster response for major incidents. Several cities were considering a joint dispatch operation as well, with the city of San Luis Obispo providing the service. This effort was abandoned after the initial findings indicated it was fiscally unfeasible. Despite a net savings of over $500,000 in personnel costs it was not advantageous to all four agencies. Primarily, this was a result of the 16%-32% difference in pay scales between the agencies. Paso Robles and Atascadero would incur higher costs while the city of San Luis Obispo and California Polytechnic State University (Cal Poly) would receive considerable savings. The Grand Jury found that Cal Fire and County Sheriff have provided equal or superior dispatch service for less cost to several agencies in our county. The real benefit for taxpayers and residents countywide is the financial and operational efficiencies of a joint agency dispatch service. We recommended the Sheriff provide long term pricing for dispatch service to the remaining cities in the county, one with and one without the new co-dispatch center. Each of the cities should present this as a future budget option. Item 12 Packet Page 205 Submitted November 5, 2020 2 INTRODUCTION/PURPOSE Improvements in technology, budget constraints and discussions about a co-located dispatch center have led several agencies to consider combined dispatch operations for the public safety agencies in San Luis Obispo County. In this report the San Luis Obispo Grand Jury (SLOGJ) reviewed dispatch operations throughout the county for potential financial, operational, and service efficiencies that may be achieved by combining dispatch operations. Although discussion about the co-located dispatch center was part of the original purpose for this report, the relocation and redesign during the investigation made accurate information unavailable at this time. METHOD/PROCEDURE To obtain information for this report the SLOGJ requested and received budgets for dispatch operations, personnel requirements, and call volumes for all seven cities, County Sheriff and Cal Fire. We interviewed several public safety chiefs and toured both the County Sheriff and Cal Fire dispatch centers. The 2018-19 fiscal year was our primary time frame for comparison. Due to differences in budget detail and definitions for “call for service,” exact comparisons were not possible. Some cities included administration and tech service costs while others did not. We included 911 calls and total calls for service in our report, but used total calls for service as the best proxy for call volume comparisons. We also studied how dispatch operations work when two or more services might be required (i.e. fire and ambulance for a medical emergency). We were unable to find extensive cost information for the current Co-Dispatch Center plan. BACKGROUND/HISTORY In 2013, the SLOGJ issued a report entitled “Consolidation of Public Safety Dispatch Systems.” It focused on the Arroyo Grande and Grover Beach attempt to consolidate their police departments and, when that failed, on the potential for consolidation of their public safety dispatch operations. They recommended “The City Councils of Arroyo Grande and Grover Beach should consider consolidating the public safety dispatch systems of their respective cities.” Item 12 Packet Page 206 Submitted November 5, 2020 3 In 2014, Arroyo Grande and Morro Bay moved forward on contracting with the County Sheriff for Public Safety Answering Point (PSAP aka 911) and Law Enforcement dispatch. Grover Beach retained its PSAP and dispatch operation, and took over full dispatch of the Five Cities Fire Authority (FCFA) including Arroyo Grande and Oceano. In 2018, the FCFA began contracting for dispatch service with Cal Fire. Recently, there has been discussion of a new co-dispatch center that would house both Cal Fire and the County Sheriff, with the capacity to provide service to all the cities and agencies in SLO County. In addition, there has been discussion and a feasibility study about the pote ntial for a smaller consolidation of just Paso Robles, Atascadero, Cal Poly University and the city of San Luis Obispo. Based on these changes and renewed interest, the SLOGJ is once again, reviewing the potential for consolidation of public safety dispatch throughout the county. NARRATIVE Dispatchers are the starting point for most public safety events and nearly all emergencies. Computer Aided Dispatch (CAD) combines a number of technologies that greatly enhance a dispatcher’s ability to handle higher volumes of calls and provide real-time information about incidents and the assets that are available to respond. Not long ago a dispatcher would require detailed knowledge about the area into which they are dispatching. Today, thanks to Global Positioning System (GPS) technology, a dispatcher is instantly provided with information about the location of the caller and the nearest police or fire personnel available to respond. Through mapping and traffic analysis CAD provides the fastest route for emergency responders. CAD allows one dispatcher to take a 911 call and collect the information concerning the call. In the case of cross service type calls, this information is transferred through the CAD system to the correct agency dispatcher. The transfer is based on geographic data related to the address of the incident. In the case of medical calls, the call is routed to the ambulance dispatcher and to fire dispatch who sends the nearest available fire crew. This ensures the fastest possible response with adequate personnel for the situation. Item 12 Packet Page 207 Submitted November 5, 2020 4 The public has come to expect timely response to emergency calls. The public expects their 911 calls to be answered instantly, handled professionally, and with service personnel arriving with all the key information necessary to assist them. Although dispatchers excel at multi-tasking and prioritizing, a single dispatcher can easily be over-taxed, handling multiple calls while also assisting officers and firefighters in the field. The combination of new technology and varying intensity of demand for service, make public safety dispatch a natural area for combining the dispatch service of multiple law enforcement and fire service agencies. San Luis Obispo County already has several examples of successful integration of dispatch for multiple agencies. Cal Fire provides dispatch service to all the unincorporated areas of the county including areas like Templeton and San Miguel. Through contracts, they provide dispatch services to the cities of Pismo Beach, Arroyo Grande, and Grover Beach. In total, Cal Fire dispatches 34 fire stations and crews in SLO County. SLOGJ toured their dispatch center located at their county headquarters on Highway 1. They normally have two or three dispatchers plus a Battalion Commander (BC) on duty and can add more when conditions demand it. They do not provide PSAP (911) service directly, but did dispatch response to 12,863 calls for service (medical and fire) in 2018. The BC is empowered to send additional personnel when the situation warrants it. Cal Fire is due to start a long-planned remodel of their headquarters in 2020. They did not include a new dispatch center in that plan in expectation that the co-dispatch center would be available. In the interim they will be moving their dispatch operation into a temporary location until either the co-located dispatch center is available or a new Cal Fire dispatch center is planned and funded by the state. The staff indicated that this could be “a long process.” SLO County Sheriff provides PSAP (911) services to all the unincorporated areas of the County and by contract to the cities of Arroyo Grande and Morro Bay. In addition to dispatching sheriff deputies, they dispatch law enforcement officers from those two cities. In 2018 they received 134,000 calls for service in total, and dispatched nearly 24,000 emergency ambulance calls. SLOGJ toured the Sheriff Dispatch center located in the Emergency Operations Center (EOC), and made several follow-up inquiries. They have four dispatchers, a supervisor and a watch Item 12 Packet Page 208 Submitted November 5, 2020 5 commander on duty. Each of the agencies (County Sheriff, Arroyo Grande PD, Morro Bay PD and San Luis Ambulance Service) have a dedicated dispatcher. Any dispatcher can answer a 911 call from any of the PSAP areas they serve. The call is then posted to the correct agency dispatch er, and when necessary, backup or additional dispatch service is provided. The Watch Commander does not provide direction to the officers in Arroyo Grande and Morro Bay, but is available to monitor a developing situation in those communities and reposition resources in case they are requested. In total Sheriff dispatch has 21 full time equivalent (FTE) employees (not counting the Watch Commanders) including the five contracted for Arroyo Grande and Morro Bay. San Luis Ambulance receives emergency dispatch service at no cost from the Sheriff dispatch center. The Sheriff dispatch center uses approximately a third of the EOC building. The remainder of the building is reserved for emergency operations in the event of an accident at the Diablo Canyon Nuclear Power Plant. Staff noted this building was built in 1984 and does not meet a number of current code requirements. Their space allocation is not sufficient to provide dispatch service for all seven cities. In the event the Co-dispatch Center is not available, there is a contingency plan that could provide service to all seven cities. Both Cal Fire and SLO County Sheriff use a similar methodology to develop the pricing element for their contract service. The county sheriff dispatch service contract accounts for the direct expense of a dedicated dispatcher for each agency without any additional expense for management, administration or, of special note, building rent or capital outlay. Arroyo Grande requires three FTE’s for a total of $393,658 and Morro Bay two FTE’s for a total of $267,436. The Cal Fire contract adds all direct dispatch costs without any additional expense for management administration or rent. Those costs are divided based on the total calls -for-service from each agency. Morro Bay pays $71,086 and Arroyo Grande pays $77,867. Arroyo Grande and Morro Bay Police chiefs’ report they are satisfied with the service they receive and that it is better than their in-house service, due to having multiple dispatchers available when needed, and having the fire dispatch service provided by a separate agency. Both reported that when backup is required there is better coordination than was possible with multiple law enforcement dispatch operations. Item 12 Packet Page 209 Submitted November 5, 2020 6 In the first six months of operation there were a few issues that were quickly resolved. Any issues today are handled between supervisors with a simple phone call or email. Both agencies note that it would be difficult to bring back in-house dispatch service, costing over a million dollars and requiring a year or more of lead time. Similar approval was voiced by the FCFA Chief. Although expense was essentially the same, the Cal Fire dispatchers are trained and dedicated to fire and medical response. With better technology they deliver superior emergency response. In addition, a Battalion Commander is available 24/7 to determine if additional resources are needed. This ensures adequate response from multiple agencies when required. Cal Fire is under a general contract to provide fire services, including dispatch, to Pismo Beach and San Luis Obispo County. The county then subcontracts out the fire dispatch service provided by Cal Fire to other agencies. In addition, the county contracts Law Enforcement Dispatch services through the County Sheriff’s Department to Arroyo Grande and Morro Bay. There are many factors affecting 911 and public safety calls for service from the various agencies in SLO County. A few of these factors are population, demographics, tourism, job concentration, and homeless populations. In 2018, calls for service from the seven cities in SLO County varied from just over 13,000 for Morro Bay to nearly 60,000 for the city of San Luis Obispo. The unincorporated areas of the county generated nearly 100,000 calls for service. The 911 calls ha d a more dramatic distribution (911 calls are a subset of calls for service). Morro Bay totaled just over 1,000, San Luis Obispo over 19,000, and the unincorporated areas of the county over 43,000. It should be noted that the definition for calls for service may vary from agency to agency, some include calls from traffic stops, others included all the calls created in the CAD system. A key number to note is the total base personnel (dispatchers plus supervision without management or computer tech support), in each of the cities that have in-house dispatch operations. With the exception of the city of SLO, which has 12 FTE’s, the other cities have six to eight FTEs, despite Item 12 Packet Page 210 Submitted November 5, 2020 7 a wide range of call levels. For example, the city of Atascadero, with a call for s ervice volume of just over 27,000, has seven FTE’s and the city of Grover Beach, with a call for service volume just over 16,000, has six FTEs. On the expense side, the cities of Grover Beach, Pismo Beach, Atascadero and Paso Robles pay in the $650,000-$850,000 range for their base dispatch personnel. Using a conservative figure of $100,000 for maintenance and management of their own PSAP and radio systems, the minimum cost for a PSAP dispatch operation would be approximately $750,000 – $950,000. The cities of San Luis Obispo, Atascadero, Paso Robles and Cal Poly University hired City Gate Associates to provide a Fire/Police Merger Analysis. Initial findings indicated that the merger was fiscally unfeasible, Phase I of the study was reported in May of 2020 and the Grand Jury received a copy in June, 2020. The report highlights several key hurdles to the merging (by contract or JPA) of dispatch operations. The first is the 16-31% disparity in salary and benefits between agencies. For example, Atascadero dispatcher's (Support Services Technician) salary and benefits are 27% lower than that of a dispatcher in the City of San Luis Obispo. Second, this analysis allocated cost based on the percentage of “total workload”. As a result, there was a total savings of over $500,000 in personnel costs, however it would not be evenly distributed. The cities of Atascadero and Paso Robles would pay over $320,000 and Cal Poly and the city of SLO would save $830,000. The analysis noted that there were solutions for the reliable radio communication between the various agencies but did not estimate any expense to achieve them. They also noted concerns by the Fire Chiefs about, 911 performance standards, dispatcher training, and dispatch of resources into other jurisdictions. CONCLUSIONS Since the Grand Jury report “Consolidation for Dispatch Operation for Public Safety” in 2012, the cities of Arroyo Grande and Morro Bay have worked through the governance and operational concerns and contracted with the County Sheriff and Cal Fire for dispatch service that is less expensive and is equal or better than their in-house service. Item 12 Packet Page 211 Submitted November 5, 2020 8 It is likely that the similar sized cities of Grover Beach and Pismo Beach could achieve similar results for their PSAP and law enforcement dispatch. For the cities of Atascadero and Paso Robles to achieve similar financial results, the County Sheriff would need to mitigate the difference in pay scales. The city of San Luis Obispo has similar pay scales to the County Sheriff and would likely realize some financial benefit from joint dispatch. Beyond expense, there are significant service level benefits from joint dispatch. Dispatchers trained and dedicated to either fire or police operations provide a safer environment for first responders and improved service to the public. Better coordination during major incidents, where mutual or emergency aid is required, will improve response times and ensure timely additional support. The higher capacity of a larger operation will reduce the impact from turnover, illness or injury. There are challenges as well, but the recent success of agencies who contract for dispatch service indicates they can be met and still deliver more cost effective and operational service. FINDINGS F1. The cities of Atascadero, Grover Beach, Paso Robles, Pismo Beach and San Luis Obispo who operate their own PSAPs, could benefit financially and operationally by contracting their dispatch operation with Cal Fire and the County Sheriff. F2. The County Sheriff and Cal Fire have demonstrated that they can provide cost effective and operational dispatch service that is equal or better to the smaller agencies in San Luis Obispo county through contracting. F3. The portion of the EOC building now allocated to County Sheriff Dispatch operations is insufficient to provide dispatch service to all seven cities. F4. A state-of-the-art dispatch center could be a benefit to the County Sheriff’s aging building inventory, but the real benefit for taxpayers and residents countywide is the financial and operational efficiencies of a joint agency dispatch service. Item 12 Packet Page 212 Submitted November 5, 2020 9 RECOMMENDATIONS R1. The Cities of Atascadero, Grover Beach, Paso Robles, Pismo Beach and San Luis Obispo, should each request a proposal from the San Luis Obispo County Sheriff and Cal Fire to provide contract dispatch services and present it as an option in future budgets. R2. The San Luis Obispo County Sheriff and Cal Fire should modify their contingency plans for dispatch to all seven cities into a viable alternative to the proposed co-dispatch center. R3. The San Luis Obispo County Board of Supervisors should require the San Luis Obispo County Sheriff to provide a clear, long-term pricing for dispatch service with and without the proposed co-dispatch center. R4. The San Luis Obispo County Board of Supervisors should include the reallocation of space in the EOC building for expanded dispatch operations in their current negotiations with PG&E regarding the closing of Diablo Canyon Nuclear Power Plant in 2025. REQUIRED RESPONSES The following people are required to respond to the findings and recommendations within the timeframe shown and in accordance with the California Penal Code Section 933.05: The City of Atascadero shall respond to R1 The City of Grover Beach shall respond to R1 The City of Pismo Beach shall respond to R1 The City of Paso Robles shall respond to R1 The City of San Luis Obispo shall respond to R1 San Luis Obispo County Sheriff shall respond to R2 and R3 San Luis Obispo County Board of Supervisors shall respond to R3 and R4 Item 12 Packet Page 213 Submitted November 5, 2020 10 The responses shall be submitted to the Presiding Judge of the San Luis Obispo County Superior 322 Court by January 5, 2021. Please provide a paper copy and an electronic version of all responses to 323 the Grand Jury. AGENCY RESPONSE REQUIREMENTS The Penal Code Section 933.05 that specifies the format and methodology for agency responses is listed below. All agency respondents are required to respond to all findings and recommendations in the following manner: • If the respondent disagrees wholly or partially with an item, the respondent must elaborate on the portion of the item that they disagree with, and provide an explanation. • If a respondent notes that an item will be implemented in the future, the response must include a timeframe for implementation. • If a respondent notes that an item requires further analysis, the agency must include in the response an explanation of and the scope of what will be studied and the timeframe needed for the study. The timeframe for follow-up from the agency cannot exceed six months. • If the item will not be implemented or is not reasonable, the respondent is required to provide a detailed explanation. 933.05. Findings and Recommendations (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 Item 12 Packet Page 214 Submitted November 5, 2020 11 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. Presiding Judge Grand Jury Presiding Judge Jacquelyn H. Duffy Superior Court of California 1035 Palm Street Room 355 San Luis Obispo, CA 93408 San Luis Obispo County Grand Jury P.O. Box 4910 San Luis Obispo, CA 93403 APPENDICES, ATTACHMENTS, BIBLIOGRAPHY, GLOSSARY AND SUGGESTED READING City of San Luis Obispo Merger Analysis May 14, 2020. Item 12 Packet Page 215 Executive Summary Report Page 1 CITY OF SAN LUIS OBISPO FIRE/POLICE DISPATCH MERGER ANALYSIS EXECUTIVE SUMMARY REPORT May 14, 2020 1. INTRODUCTION AND BACKGROUND The City of San Luis Obispo (San Luis Obispo), in partnership with the City of Atascadero (Atascadero), City of Paso Robles (Paso Robles), and California Polytechnic State University (Cal Poly), retained Citygate Associates, LLC (Citygate) in early 2019 to evaluate the opportunities and constraints in merging some or all of the partner jurisdictions’ fire and police dispatch services into a single, shared dispatch facility at the San Luis Obispo Police Department Communications Center. Over the ensuing months, Citygate gathered and reviewed data from the four dispatch centers and conducted interviews with each dispatch centers’ staff. Citygate also analyzed current and projected near-term future workload for each jurisdiction, as well as conducted a comparative compensation analysis. An on-site briefing of the initial findings for key partner executives was provided on November 15, 2019, followed by additional compensation and workload analyses as requested. After providing updated compensation and workload analyses results on January 9, 2020, Citygate was informed of the study partners’ decision to conclude the study at Phase I given the initial findings of a merger being fiscally unfeasible in the near term. This executive summary report summarizes Citygate’s work and analyses conducted. 2. FINDINGS SUMMARY Citygate’s Phase I merged dispatch center analysis yields the following findings: Finding #1: In a merger, agency-specific non-dispatch-related duties would need to be reallocated to other personnel in Atascadero, Cal Poly, and Paso Robles. Finding #2: Multiple solutions are available to provide reliable radio communications between Atascadero and Paso Robles and the proposed merged dispatch center in San Luis Obispo. Item 12 Packet Page 216 Executive Summary Report Page 2 Finding #3: The partner agencies’ Fire Chiefs have concerns regarding coordination of multiple fire agency dispatching to be considered in any proposed consolidation model. Finding #4: Cal Poly provides unique, non-dispatch-related services to the campus to be considered in any proposed consolidation model. Finding #5: By hour of day, telephone call workload is consistent across the four study partner agencies. Finding #6: Staffing needed for a merged dispatch center is 10 fewer personnel than currently utilized in the four study partners’ communications centers. Finding #7: Leave-behind, non-dispatch-related duties would require an estimated additional 1.0 to 2.0 full-time equivalent personnel each for Atascadero, Cal Poly, and Paso Robles, effectively using many of the saved positions and reducing merger cost savings. Finding #8: The San Luis Obispo Police Department Communications Center would adequately accommodate the additional staffing needed for a merged dispatch center, with some modest interior remodeling to meet additional space utilization needs for all the needed support/supervision spaces. Finding #9: Total current average communications center compensation in Atascadero, Cal Poly, and Paso Robles ranges from 16 percent to 32 percent less than current average San Luis Obispo compensation by comparable position. Finding #10: Projected merged dispatch center personnel costs compared to current personnel costs by agency range from $558,000 less for San Luis Obispo to $273,000 more for Paso Robles. Finding #11: Total merged dispatch center costs range from $496,000 less than current personnel costs for San Luis Obispo to $336,000 more than current personnel costs for Paso Robles, with a net aggregate savings over current personnel costs of $263,500. 3. APPROACH AND METHODOLOGY Citygate proposed a two-phased approach to this study, with Phase I evaluating the following high- level, potential-deal-breaker issues affecting the proposed dispatch center consolidation: ◆ Service issues specific to Cal Poly ◆ Technical communications issues ◆ Fire agency issues Item 12 Packet Page 217 Executive Summary Report Page 3 ◆ Current and projected near-term future dispatch center workload ◆ Projected merged dispatch center workload ◆ Merged dispatch center staffing needs ◆ Merged dispatch center space needs ◆ Macro-level comparative compensation analysis ◆ Projected merged dispatch center costs and comparison to current costs If the issues identified in Phase I were deemed resolvable by the study partners, Phase II would provide technical implementation support to include: ◆ Exact personnel costs and impact bargaining ◆ CalPERS issues ◆ Employee health care impacts ◆ Technology conversion issues and costs ◆ Governance alternative to implement ◆ Final cost-share formula ◆ Final startup personnel costs ◆ Development of a comprehensive implementation plan 4. CURRENT DISPATCH CENTERS’ STAFFING AND COLLATERAL RESPONSIBILITIES The four dispatch communications centers currently have an aggregate total of 37 personnel with a minimum staffing level of one Dispatcher at Cal Poly, Atascadero, and Paso Robles and two Dispatchers in San Luis Obispo, as summarized in Table 1. Item 12 Packet Page 218 Executive Summary Report Page 4 Table 1—Current Dispatch Center Staffing Summary Agency Manager Supervisor / Lead Dispatcher Dispatcher (Full-Time) Dispatcher (Part-Time) Total Minimum Shift Staffing Atascadero 0 1 6 0 7 1 Cal Poly 0 0 5 2 7 1 Paso Robles1 0 1 8 0 9 1 San Luis Obispo2 1 2 11 0 14 2 Total 1 4 30 2 37 5 1 Supervisor not located in communications center 2 Dedicated full-time Communications Center Manager What follows is the current staffing and summary of Dispatcher responsibilities for each communications center. 4.1 Atascadero In addition to answering 9-1-1 and business line telephone calls, the Atascadero Police Department Communications Center, as the primary public safety answering point (PSAP) for the City, provides 24-hour dispatch and radio communications support for the City Police and Fire Departments with a staff of seven personnel, including one lead Dispatcher and six full-time Dispatchers. Daily staffing includes two Dispatchers from 10:00 am to 10:00 pm and one Dispatcher from 10:00 pm to 10:00 am. The communications center is managed by a Police Lieutenant as a collateral assigned responsibility. Atascadero Dispatchers have numerous non- dispatch-related responsibilities, including but not limited to: ◆ Reports ◆ Evidence booking ◆ Front lobby counter reception ◆ Fingerprinting appointments ◆ Alarm code violations ◆ Vehicle releases ◆ Records management system (RMS) data entry ◆ Business license updates Item 12 Packet Page 219 Executive Summary Report Page 5 4.2 Cal Poly The Cal Poly Police Department Dispatch Center is the PSAP for the university campus and provides 24-hour dispatch and radio communications support for campus police officers. Fire services are contractually provided by the San Luis Obispo County Fire Department, which is administered and dispatched by the CAL FIRE San Luis Obispo Unit. The communications center has five full-time and two part-time/on-call Dispatchers under the supervision of a dispatch/records Supervisor, with one Dispatcher on duty at all times, except from 2:00 pm to 10:00 pm on Friday and Saturday when two Dispatchers are on duty. Campus Dispatchers have numerous collateral responsibilities unique to the campus environment and small department size. 4.3 Paso Robles Like Atascadero, the Paso Robles Police Department Communications Center is the primary PSAP for the City. In addition to answering 9-1-1 and business line telephone calls, the communications center provides 24-hour dispatch and radio communications support for the City Police and Fire Departments with a staff of nine personnel, including one Supervisor and eight full-time Dispatchers.1 Daily staffing includes two Dispatchers from 9:30 pm to 2:30 pm, and one Dispatcher from 2:30 pm to 9:30 pm Paso Robles Dispatchers also have numerous collateral non- dispatch-related duties and responsibilities similar to Atascadero and San Luis Obispo. 4.4 San Luis Obispo Like the other three communications centers, the San Luis Obispo Police Department Communications Center is the primary PSAP for the City and provides 24-hour dispatch and radio communications support for the City Police and Fire Departments with a staff of 14 personnel, including one dedicated Manager, two Supervisors, and 11 full-time Dispatchers. Minimum staffing includes two Dispatchers; however, Supervisors can also perform as Dispatchers as needed when on duty. San Luis Obispo Dispatchers also have collateral non-dispatch-related duties but fewer than the other three centers due to the higher telephone and radio workload. Finding #1: In a merger, agency-specific non-dispatch-related duties would need to be reallocated to other personnel in Atascadero, Cal Poly, and Paso Robles. 1 The Administrative Assistant to the Chief of Police serves as the communications center Supervisor and is also responsible for supervising the Records Unit; the Administrative Assistant is not physically located in the communications center. Item 12 Packet Page 220 Executive Summary Report Page 6 5. TECHNICAL RADIO COMMUNICATIONS ISSUES One of the early issues addressed in this study involved radio communications between the proposed merged dispatch center and Atascadero and Paso Robles. Each partner jurisdiction is currently licensed by the Federal Communications Commission (FCC) to utilize specific radio frequency(s) for communications between its communications center and field resources. Due to the limited radio frequency spectrum available for public safety use, the FCC must allocate available frequencies to agencies throughout the country to avoid interference. The FCC accomplishes this in general by limiting radio transmission power and separating frequency users by distance and natural topographic barriers. In this case, the 1,500-foot Cuesta Ridge in the Los Padres National Forest prevents use of current radio frequencies between San Luis Obispo and Atascadero/Paso Robles. Alternative solutions identified include: 1. Radio repeater transmitter on Cuesta Ridge ➢ FCC license required, if available ➢ New repeater infrastructure required, with related initial and recurring costs 2. New radio frequency(s) licensed for the broader proposed operational area ➢ FCC license required ➢ Frequency availability a potential issue ➢ Radio repeater transmitter on Cuesta Ridge still required 3. Alternative connectivity of existing radio frequencies ➢ Use of existing Atascadero and Paso Robles radio frequencies connected to San Luis Obispo Communications Center by one of the following: o Microwave relay o Fiber-optic cable • Capacity available in existing Nacimiento Pipeline Project; cable managed by San Luis Obispo County Public Works (San Luis Obispo and Paso Robles are current project partners) • AT&T commercial fiber-optic cable • Redundant cable connectivity available • Connectivity solution from communications centers to existing cable locations required • Cost not evaluated at this phase Item 12 Packet Page 221 Executive Summary Report Page 7 Given the alternatives identified, Citygate concludes that multiple solutions are available to provide reliable radio communications between the proposed merged dispatch center in San Luis Obispo and Atascadero and Paso Robles. Finding #2: Multiple solutions are available to provide reliable radio communications between Atascadero and Paso Robles and the proposed merged dispatch center in San Luis Obispo. 6. FIRE AGENCY ISSUES Citygate’s interviews of the three partner agencies’ Fire Chiefs yielded the following comments and concerns relative to a single merged fire/police dispatch center in San Luis Obispo: ◆ 9-1-1 call processing/dispatch performance that meets National Fire Pro tection Association best-practice guidelines ➢ 1:30 minutes or less at 90 percent or better reliability ◆ Dispatch of closest available resource regardless of jurisdiction utilizing automatic vehicle location technology ◆ CAD-to-CAD interface with CAL FIRE San Luis Obispo Unit Emergency Command Center ◆ Integration of Emergency Medical Dispatching into the merged dispatch center ◆ Surge capacity to support major/extended emergency incidents ◆ Unanswered radio communications ◆ Accuracy of CAD time stamps for performance monitoring ◆ Having a voice in Dispatcher training and dispatch center operational issues Finding #3: The partner agencies’ Fire Chiefs have concerns regarding coordination of multiple fire agency dispatching to be considered in any proposed consolidation model. 7. ISSUES SPECIFIC TO CAL POLY As a unique university campus jurisdiction, Cal Poly provides the following services that it desires to maintain in the proposed merged dispatch center model: ◆ Campus-wide, blue-light emergency telephone answering Item 12 Packet Page 222 Executive Summary Report Page 8 ◆ Lockouts ◆ Staff/student escort service ◆ Campus alarm system monitoring ◆ Live Scan fingerprinting Finding #4: Cal Poly provides unique, non-dispatch-related services to the campus to be considered in any proposed consolidation model. 8. WORKLOAD ANALYSIS 8.1 Current Workload Citygate utilized the following available metrics to evaluate current communications center workload: ◆ 9-1-1 call volume as reported by the State of California Emergency Call Tracking System (ECaTS) ◆ Administrative/other telephone call volume as reported by each agency ◆ Fire and police emergency incident volume as reported by each agency Using this criteria, Table 2 summarizes 2019 workload in each of the four existing communications centers. Table 2—2019 Workload Summary Agency 2019 Total Workload Percentage of Total Population Telephone Calls Incidents 9-1-1 Other Total Police1 Fire Total Atascadero 30,330 8,925 49,095 58,020 25,454 3,323 28,777 86,797 20.38% Cal Poly 24,955 2,345 24,738 27,083 19,779 n/a2 19,779 46,862 11.00% Paso Robles 32,212 14,669 80,398 95,067 43,279 4,051 47,330 142,397 33.43% San Luis Obispo 47,446 24,410 87,323 111,733 31,411 6,722 38,133 149,866 35.19% Total 134,943 50,349 241,554 291,903 119,923 14,096 134,019 425,922 100.00% 1 Includes officer-initiated activity 2 Included in Police incident total Item 12 Packet Page 223 Executive Summary Report Page 9 8.2 Projected Near-Term Future Workload Citygate utilized projected population / service area growth data as available from each study partner jurisdiction to estimate near-term future service demand and related communications center workload, as summarized in Table 3.2 Table 3—Projected Near-Term Future Workload Summary Agency Population Telephone Calls Incidents Total Workload Projected Percentage Growth 9-1-1 Other Total Police Fire Total Atascadero 31,000 11,000 53,000 64,000 27,500 3,500 31,000 95,000 9.45% Cal Poly 26,000 3,500 27,000 30,500 21,000 n/a1 21,000 51,500 9.90% Paso Robles 32,500 17,000 83,000 100,000 45,000 4,200 49,200 149,200 4.78% San Luis Obispo 47,500 27,000 90,000 117,000 35,000 6,900 41,900 158,900 6.03% Total 137,000 58,500 253,000 311,500 128,500 14,600 143,100 454,600 5.26% 1 Included in Police incident total 9. MERGED DISPATCH CENTER STAFFING NEEDS ANALYSIS 9.1 Telephone Call Workload by Hour of Day Citygate utilized 2019 ECaTS data through September 30 to analyze telephone call workload by hour of day as shown in Figure 1 through Figure 4. Telephone workload includes incoming 9-1-1 calls as well as incoming and outgoing non-9-1-1 telephone calls. 2 Through December 2022 Item 12 Packet Page 224 Executive Summary Report Page 10 Figure 1—Telephone Workload by Hour of Day – Atascadero Figure 2—Telephone Workload by Hour of Day – Cal Poly 0 200 400 600 800 1,000 1,200 1,400 1,600 1,800 0 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 Calls per Hour PSAP Average Item 12 Packet Page 225 Executive Summary Report Page 11 Figure 3—Telephone Workload by Hour of Day – Paso Robles Item 12 Packet Page 226 Executive Summary Report Page 12 Figure 4—Telephone Workload by Hour of Day – San Luis Obispo Finding #5: By hour of day, telephone call workload is consistent across the four study partner agencies. 9.2 Staffing Needs Analysis Citygate utilized the projected workload data from Table 3 and telephone workload data from Figure 1 through Figure 4 to project merged dispatch center staffing needed as compared to current aggregate study partner communications centers staffing, as shown in Table 4.3 3 Assumes 12-hour staggered work shifts Item 12 Packet Page 227 Executive Summary Report Page 13 Table 4—Projected Staffing Needs Comparison Summary Communications Center Manager Supervisor Dispatcher Total Minimum Shift Staffing Merged Dispatch Center 1 5 21 27 5 Current Aggregate 1 4 321 37 5 Merged Dispatch Center Difference 0 +1 -11 -10 0 1 Includes two part-time/on-call Dispatchers at Cal Poly This analysis also identified non-dispatch-related duties that would need to be reallocated to other personnel in Atascadero, Cal Poly, and Paso Robles. Finding #6: Staffing needed for a merged dispatch center is 10 fewer personnel than currently utilized in the four study partners’ communications centers. Finding #7: Leave-behind, non-dispatch-related duties would require an estimated additional 1.0 to 2.0 full-time equivalent personnel each for Atascadero, Cal Poly, and Paso Robles, effectively using many of the saved positions and reducing merger cost savings. 10. MERGED DISPATCH CENTER SPACE NEEDS ANALYSIS Based on the merged dispatch center staffing identified in Table 4, Citygate evaluated the space and layout of the San Luis Obispo Police Department Communications Center for its ability to adequately accommodate the space and utilization needs of the proposed merged dispatch center staff. This evaluation concluded that the San Luis Obispo Communications Center could adequately accommodate the proposed additional staffing, with modification to provide an additional Supervisors office space, a gender-neutral restroom, and additional staff locker space, as summarized in Table 5. Item 12 Packet Page 228 Executive Summary Report Page 14 Table 5—Merged Dispatch Center Space Needs Assessment Functional Need Number Needed Current Number or Available Space Dispatch Console 6 6 Manager Office 1 1 Supervisor Office 3 2 Restroom – Male 1 1 Restroom – Female 1 1 Restroom – Gender Neutral 1 0 Employee Breakroom 1 1 Employee Locker Space 27 15 Mail / File / Storage 1 1 IT Equipment Room 1 1 Finding #8: The San Luis Obispo Police Department Communications Center would adequately accommodate the additional staffing needed for a merged dispatch center, with some modest interior remodeling to meet additional space utilization needs for all the needed support/supervision spaces. 11. COMPARATIVE COMPENSATION ANALYSIS Table 6, also included in Appendix A in a larger size, summarizes total compensation by agency and position, including the percentage difference from current San Luis Obispo total compensation. Item 12 Packet Page 229 Executive Summary Report Page 15 Table 6—Total Compensation Analysis Summary Finding #9: Total current average communications center compensation in Atascadero, Cal Poly, and Paso Robles ranges from 16 percent to 32 percent less than current average San Luis Obispo compensation by comparable position. 12. MERGED DISPATCH CENTER COST ANALYSIS Table 7 summarizes projected merged dispatch center personnel costs based on San Luis Obispo total compensation by position from Table 6 and merged dispatch center staffing needs from Table 4. Table 7—Projected Merged Dispatch Center Personnel Costs Position Classification Total Annual Compensation Number Needed Total Annual Cost Communications Center Manager1 $187,741 1 $187,741 Communications Supervisor2 $141,470 5 $707,350 Communications Technician2 $118,761 21 $2,493,981 Total 27 $3,389,072 1 Assumes top-step San Luis Obispo total compensation without Unfunded Actuarial Liability (UAL) 2 Assumes average San Luis Obispo total compensation without UAL Item 12 Packet Page 230 Executive Summary Report Page 16 Table 8 summarizes current communications center personnel costs by agency. Table 8—Current Personnel Costs by Agency Agency / Position Total Annual Compensation Number of Personnel Total Annual Cost San Luis Obispo $1,751,222 Communications Center Manager $161,911 1 $161,911 Communications Supervisor1 $141,470 2 $282,940 Communications Technician1 $118,761 11 $1,306,371 Atascadero2 $643,852 Support Services Lead Technician $96,694 1 $96,694 Support Services Technician $91,193 6 $547,158 Cal Poly2 $648,120 Communications and Records Coordinator $129,124 1 $129,124 Dispatcher II $111,647 2 $223,294 Dispatcher I $98,567 2 $197,134 Dispatcher I (part-time)3 $49,284 2 $98,568 Paso Robles2 $859,420 Dispatch Supervisor $118,564 1 $118,564 Dispatcher $92,607 8 $740,856 Aggregate Total Cost $3,902,614 1 Average of actual cost for position classification 2 Assumes average total annual compensation 3 Assumes 0.5 FTE Item 12 Packet Page 231 Executive Summary Report Page 17 Table 9 summarizes current versus projected merged dispatch center personnel costs by agency. Table 9—Current Versus Merged Dispatch Center Personnel Costs by Agency Agency Current Personnel Costs Cost Share Percentage1 Projected Merged Dispatch Center Personnel Costs Difference San Luis Obispo $1,751,222 35.19% $1,192,614 ($558,608) Atascadero $643,852 20.38% $690,693 $46,841 Cal Poly $648,120 11.00% $372,798 ($275,322) Paso Robles $859,420 33.43% $1,132,967 $273,547 Total $3,902,614 100.00% $3,389,072 ($513,542) 1 Based on 2019 total workload percentage Finding #10: Projected merged dispatch center personnel costs compared to current personnel costs by agency range from $558,000 less for San Luis Obispo to $273,000 more for Paso Robles. Table 10 summarizes total estimated merged dispatch center costs by agency based on total 2019 workload percentage. Table 10—Estimated Total Merged Dispatch Center Costs by Agency Agency 2019 Total Workload Percentage of Total Prorated Merged Dispatch Center Costs1 Current Personnel Costs Estimated Change from Current Costs Percentage Change from Current Cost Personnel O & M2 Total San Luis Obispo 149,866 35.19% $1,192,614 $62,500 $1,255,114 $1,751,222 ($496,108) -28.33% Atascadero 86,797 20.38% $690,693 $62,500 $753,193 $643,852 $109,341 16.98% Cal Poly 46,862 11.00% $372,798 $62,500 $435,298 $648,120 ($212,822) -32.84% Paso Robles 142,397 33.43% $1,132,967 $62,500 $1,195,467 $859,420 $336,047 39.10% Total 425,922 100.00% $3,389,072 $250,000 $3,639,072 $3,902,614 ($263,542) -6.75% 1 Based on 2019 workload percentage 2 Estimated As Table 10 shows, total merged dispatch center costs over current personnel costs by agency range from $496,000 less for San Luis Obispo to $336,000 more for Paso Robles, with a net aggregate savings over current personnel costs of $263,500. Item 12 Packet Page 232 Executive Summary Report Page 18 Finding #11: Total merged dispatch center costs range from $496,000 less than current personnel costs for San Luis Obispo to $336,000 more than current personnel costs for Paso Robles, with a net aggregate savings over current personnel costs of $263,500. Item 12 Packet Page 233 Appendix A Page 19 APPENDIX A Table 6—Total Compensation Analysis Summary Agency / Position Annual Salary Annual Benefits (Without UAL) Total Annual Compensation (Without UAL) Percent Difference from SLO (Without UAL) Low High Average Low High Average Low High Average Low High Average San Luis Obispo Dispatcher $64,104 $97,988 $81,046 $14,207 $28,109 $21,158 $94,868 $142,653 $118,761 n/a n/a n/a Supervisor $79,924 $112,093 $96,009 $18,255 $33,222 $25,738 $117,902 $165,038 $141,470 n/a n/a n/a Manager $92,591 $128,500 $110,546 $20,916 $36,668 $28,792 $136,081 $187,741 $161,911 n/a n/a n/a Atascadero Support Services Technician $53,925 $78,546 $66,236 $15,299 $34,616 $24,957 $69,225 $113,161 $91,193 -27.03% -20.67% -23.21% Support Services Lead Technician $57,855 $84,168 $71,011 $15,824 $35,540 $25,682 $73,679 $119,708 $96,694 -37.51% -27.47% -31.65% Cal Poly Dispatcher I $54,410 $61,574 $57,992 $35,693 $45,457 $40,575 $90,103 $107,031 $98,567 -5.02% -24.97% -17.00% Dispatcher II $66,096 $69,701 $67,898 $39,437 $48,059 $43,748 $105,533 $117,760 $111,647 -10.49% -28.65% -21.08% Communications/Records Coordinator $80,114 $82,157 $81,136 $43,929 $52,048 $47,988 $124,043 $134,205 $129,124 -8.85% -28.52% -20.25% Paso Robles Dispatcher $57,040 $76,662 $66,851 $17,338 $34,174 $25,756 $74,378 $110,835 $92,607 -21.60% -22.30% -22.02% Dispatch Supervisor $74,364 $99,295 $86,830 $21,964 $41,504 $31,734 $96,328 $140,799 $118,564 -18.30% -14.69% -16.19% Item 12 Packet Page 234 City of San Luis Obispo, Police Department, 1042 Walnut Street, San Luis Obispo, CA, 93401-2729, 805.781.7317, slocity.org November 16, 2020 Presiding Judge Jacquelyn H. Duffy Superior Court of California 1035 Palm Street. Room 355 San Luis Obispo, CA 93408-1000 RE: 2020 San Luis Obispo County Grand Jury Reports Dear Judge Duffy, We are in receipt of the 2020 San Luis Obispo County Grand Jury reported titled “Joint Agency Dispatch – Better Together?”” and have prepared the following response to the recommendation. Response to Recommendation R1: The Cities of Atascadero, Grover Beach, Paso Robles, Pismo Beach and San Luis Obispo, should each request a proposal from the San Luis Obispo County Sheriff and Cal Fire to provide contract dispatch services and present it as an option in future budgets. Opposition to Recommendation R1: The City of San Luis Obispo recently conducted an extensive analysis of our Communications operations, and the cost/benefit of a regionalized approach. Citygate Associates was selected to conduct the study between the cities of San Luis Obispo, Paso Robles, Atascadero and Cal Poly University, and the study was completed in May 2020. As noted in the Grand Jury Report, a consolidated dispatch center was not fiscally advantageous to other cities in the study. As part of that project, City staff also approached the San Luis Obispo County Sheriff and Cal Fire to discuss contracting for Police and Fire dispatching services. The City of San Luis Obispo Fire Department (SLOFD) received a cost estimate from CAL FIRE SLU/SLO County Fire Department in 2018 to provide Fire dispatching services. SLOFD learned at that meeting all of the “mobile data equipment” and supporting hardware would need to be replaced and required to move to the State platform at an unspecified cost and a lack of control by connecting to a Statewide system. Future increases in costs associated with hardware and dispatch services would be at the discretion of the SLU Fire Chief with no board oversight or option for specific services such as quickest route or pulse point. After reviewing the costs cited in the Grand Jury report, several local fire Chiefs under contract with CAL FIRE SLU Emergency Command Center reported that their costs exceeded the reported figures in the Grand Jury report, as other associated costs such as required computer hardware and software upgrades were not included. Five Cities Fire Authority stated their most recent invoice was in excess of $155k. Item 12 Packet Page 235 In discussions with the Sheriff’s Office, there were two major considerations that presented challenges in a consolidated approach. The first was the high volume of calls that are generated in the City of San Luis Obispo. The monetary savings that are achieved by some of the smaller dispatch centers in the County would not scale the same way when applied to the San Luis Obispo call volume and the personnel that the Sheriff would need to hire in order to absorb the call load. In addition, the San Luis Obispo City Emergency Communications Center (ECC) currently has 3-4 personnel on-duty during peak times. This is far in excess to the small centers and is not subject to the same risk of a large event overwhelming the entire communications center. Another major consideration identified was the ongoing costs to support an independent functioning dispatch centers in the County to act as a backup in the case of a catastrophe. Currently the City of San Luis Obispo ECC is the backup for the Sheriff’s Communications Center and MEDCOM, and vice versa. The ECC is also the back-up for CAL FIRE SLU and vice versa fire/rescue emergencies. Should the City of San Luis Obispo want to contract Police and Fire dispatch services to other agencies, the cost of maintaining the current communications center in a state of readiness for the County would need to be funded. Any potential cost savings that could be gained by regionalizing would be offset by the ongoing IT and readiness costs of the ECC. Finally, there are outstanding questions and details about operational decisions when contracting out services. The City of San Luis Obispo provides a very high level of service to the community in Police and Fire dispatching services. There are many non-monetary factors that need to be considered when making decisions that could affect the handling of both emergency and non-emergency calls. For the reasons detailed above, the City of San Luis Obispo will maintain the existing ECC and staffing in order to continue to provide superior Police and Fire dispatching services to our City, and to provide a robust backup Communications Center for the County. Sincerely, Jeff Smith Chief of Police Item 12 Packet Page 236 1 California Penal Code Sections 933 through 933.05 Section 933 – Final Reports (a) Each grand jury shall submit to the presiding judge of the superior court a final report of its findings and recommendations that pertain to county government matters during the fiscal or calendar year. Final reports on any appropriate subject may be submitted to the presiding judge of the superior court at any time during the term of service of a grand jury. A final report may be submitted for comment to responsible officers, agencies, or departments, including the county board of supervisors, when applicable, upon finding of the presiding judge that the report is incompliance with this title. For 45 days after the end of the term, the foreperson and his or her designees shall, upon reasonable notice, be available to clarify the recommendations of the report. (b) One copy of each final report, together with the responses thereto, found to be in compliance with this title shall be placed on file with the clerk of the court and remain on file in the office of the clerk. The clerk shall immediately forward a true copy of the report and the responses to the State Archivist who shall retain that report and all responses in perpetuity. (c) 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 the control of the governing body, and every elected county officer or agency head for which the grand jury has responsibility pursuant to Section 914.1 shall comment within 60 days to the presiding judge of the superior court, with an information copy sent to the board of supervisors, on the findings and recommendations pertaining to matters under the control of that county officer or agency head and any agency or agencies which that officer or agency head supervises or controls. In any city and county, the mayor shall also comment on the findings and recommendations. All of these comments and reports shall forthwith be submitted to the presiding judge of the superior court who impaneled the grand jury. A copy of all responses to grand jury reports shall be placed on file with the clerk of the public agency and the office of the county clerk, or the mayor when applicable, and shall remain on file in those offices. One copy shall be placed on file with the applicable grand jury final report by, and in the control of the currently impaneled grand jury, where it shall be maintained for a minimum of five years. (d) As used in this section "agency" includes a department. 933.05. Findings and Recommendations (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. Item 12 Packet Page 237 2 (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. (c) However, if a finding or recommendation of the grand jury addresses budgetary or personnel matters of a county agency or department headed by an elected officer, both the agency or department head and the board of supervisors shall respond if requested by the grand jury, but the response of the board of supervisors shall address only those budgetary or personnel matters over which it has some decision making authority. The response of the elected agency or department head shall address all aspects of the findings or recommendations affecting his or her agency or department. (d) A grand jury may request a subject person or entity to come before the grand jury for the purpose of reading and discussing the findings of the grand jury report that relates to that person or entity in order to verify the accuracy of the findings prior to their release. (e) During an investigation, the grand jury shall meet with the subject of that investigation regarding the investigation, unless the court, either on its own determination or upon request of the foreperson of the grand jury, determines that such a meeting would be detrimental. (f) 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 two working days prior to its public release and after the approval of the presiding judge. No officer, agency, department, or governing body of a public agency shall disclose any contents of the report prior to the public release of the final report. Item 12 Packet Page 238