The County of Santa Clara

Forwarded as Amended
May 12, 2016 2:00 PM

Consider recommendations relating to the final recommendations of the Blue Ribbon Commission on Improving Custody Operations. (Referral from April 12, 2016, Board of Supervisors' meeting, Item No. 10)


Department:Clerk of the BoardSponsors:


  1. Printout
  2. 1 - Memo from the Blue Ribbon Commission on Improving Custody Operations
  3. 2 - Final Recommendations relating to Inmate Welfare Fund
  4. 3 - Final Recommendations relating to Grievance and Complaint Process
  5. 4 - Final Recommendations relating to Disciplinary System
  6. 5 - Final Recommendations relating to Non-Scope Items
  7. 6 - Final Commissioner non-scope recommendations with Vote Counts
  8. 7 - Final Non-Scope Vote Tally
  9. 8 - Appendix - Combined BRC Recommendations
  10. 9 - Zisser Report and Amendments
  11. 10 - Emblidge Report
  12. Correspondence to the BRC Recommendations
  13. SCCCPOA Response to BRC Recomendations
  14. Public Comment
  15. Public Comment #2
  16. Public comment #3
  17. Public Forum for the Family and Friends of Inmates Report
  18. Appendix A - Public Forum for Family and Friends of Inmates transcript - 2015
  19. Appendix B - Daily Jail Population Statistics - Feb 19 2016
  20. Appendix C - Jail Standards and Inspection Programs - Resource and Implementation Guide - 2007
  21. Appendix D - Sheriffs Guide to Effective Jail Operations - 2007
  22. Appendix E - United Nations Standard Minimum Rules for the Treatment of Prisoners - 2015
  23. Appendix F - Human Rights and Prisons - A Pocketbook of International Human Rights Standards for Prison Officials - 2005
  24. Appendix G - Jail Conditions - Inmate Staff and Family Perspectives - Report to SCC Blue Ribbon Commission - Feb 20 2016
  25. Appendix H - Blue Ribbon Commission Presentation on Complaint and Grievance Process - Feb 20 2016
  26. Letter from Management Audit Manager - May 12, 2016
  27. Letter from Sheriff- May 12, 2016

Multiple Recommendations

Possible action:
a. Preliminary discussion relating to process for consideration of recommendations from the Blue Ribbon Commission on Improving Custody Operations.
b. Establish schedule for consideration of recommendations at future Finance and Government Operations Committee meetings.



There are no fiscal implications associated with receiving the report. Approving recommendations will have fiscal implications, and will be addressed when implementing actions are prepared for Board consideration.


At the April 12, 2016 Board of Supervisors Meeting (Item No. 10), the Board received the attached report with the recommendations of the Blue Ribbon Commission on Improving Custody Operations.

At the request of Supervisor Chavez, the Board directed Administration to move discussion and implementation of the Blue Ribbon Commission’s recommendations to the Finance and Government Operations Committee.

The attached report outlines the 176 recommendations the Blue Ribbon Commission on Improving Custody Operations submitted to the Board. The recommendations are spread across the following categories:

·        Inmate Welfare Fund

·        Inmate Grievance and Complaint Process

·        Correctional Officers’ Discipline System

·        Non-Scope

Given the number and breadth of the recommendations, this item is intended to allow the Committee to establish a process and schedule for consideration of the recommendations.


The recommended action will have no/neutral impact on children and youth.


The recommended action will have no/neutral impact on seniors.


The recommended action will have no/neutral sustainability implications.


On October 6, 2015 (Item No. 10), the Board of Supervisors adopted Resolution No. BOS-2015-138 establishing the Blue Ribbon Commission on Improving Custody Operations for a period of six months.

On November 17, 2015 (Item No. 59), the Board of Supervisors adopted Resolution No. BOS-2015-159, which clarified certain matters relating to the construction of the Commission.

The Commission held its first meeting on Saturday, November 7, 2015, and subsequently met an additional nine times. At the March 19 and March 26, 2016 meetings, the Commission approved the final recommendations included with this report.

Chairperson LaDoris Cordell presented the recommendations to the Board of Supervisors on April 12, 2016.

Additionally, the Human Relations Commission (HRC) held a public forum on November 10, 2015 to solicit testimony from the family and friends of inmates relating to their experiences with the Santa Clara County jail system. The HRC presented a report to the Board of Supervisors on April 26, 2016 (Item No. 20); at the request of Supervisor Chavez, the Board forwarded the report to the Finance and Government Operations Committee for consideration.

Given the potential for overlap with the recommendations of the Blue Ribbon Commission, the HRC report is also attached.


The Committee would not establish a preliminary process for review of the final recommendations of the Blue Ribbon Commission on Improving Custody Operations.


The Clerk of the Board will notify the Commissioners of action taken by the Board of Supervisors.

Meeting History

May 12, 2016 2:00 PM Video Finance and Government Operations Committee Regular Meeting

Four individuals addressed the Committee.

Chairperson Simitian advised that special Committee meetings will be scheduled on date uncertain to coincide with the three special quarterly Board of Supervisors meetings to consider the recommendations.

The Committee clarified that the recommendations of the Blue Ribbon Commission on Improving Custody Operations will be reviewed by the Committee prior to consideration by the Board of Supervisors; indicated that the Board of Supervisors will consider whether to direct the Committee to review the recommendations from other sources; directed Administration to provide additional information in June 2016 relating to the historical management and organizational structure of the Santa Clara County jail system; directed Administration to provide examples of oversight models in other county jails, state prisons, and police departments; and, directed Administration to provide an update to the Board of Supervisors in June 2016 relating to the Committee process and categorizations for reviewing the recommendations, including a request to the Board of Supervisors to affirm the Committee process, and to clarify whether to prioritize Committee review of recommendations relating to oversight and leadership at the jail.

Chairperson Simitian recessed the meeting at 3:17 p.m.

MOVER:Cindy Chavez, Vice Chairperson
SECONDER:S. Joseph Simitian, Chairperson
AYES:S. Joseph Simitian, Cindy Chavez


May 12, 2016 2:00 PMFinance and Government Operations CommitteeRegular Meeting


2:13 PMYou're here for one of those items, we'll be getting there at some point soon we hope. Alright, that takes us to item number 4, first item on the agenda, consider recommendations relating to the final rk md dashing of the mrao u ribbon commission on improving custody operations and I just want to highlight for both our board committee here as well as the staff as well as members of the public that we have this item on the agenda not to try and work our way through 176 items today, but to discuss process issues about how we're going to accomplish that and I think most of you are here today know that at our April 12th meeting when the board received these items, the direction of the board was that the items would be referred to our fgoc financing of an operations committee in order to follow up on the various recommendations. Let me acknowledge the clerk of the board, are you going to present these, ms. Doherty, what's yur wish?
2:14 PMYou said everything I was ever I was going to say about why this is here and what we're going to get out of today?
How did I do?
I appreciate that positive feedback. That does raise a process issue that I want to surface right away which is supervisor chavez, in looking back at the minutes, the minutes specifically referenced the referral of these 176 items from the blue ribbon commission to this committee. What they don't appear to reference is any understanding or expectation about other recommendations from other sources, that being said, in the haas month since the decision was made to refer these items to this committee, it came immediately apparent to me, everybody thinks all the recommendations from all the sources are going to show up here. Now, I see everybody nodding and smiling or in some cases not smiling, but let me ask first supervisor chavez and then county executive smith if that's sort of your understanding of where we're headed and i'm pretty sure I saw the sheriff here f you want to take a place down here, please do, if you want to come down in a minute or two, slide your way down, but I wanted to make sure you're pulled into this conversation at the outset as well, thank you, supervisor?
2:16 PMI agree, I think we have to -- I think what the board was asking us to do was come up with a process that would be orderly for all of the different recommendations and a number of them have come to the board already. I think sheriff smith brought her report to us maybe two and a half months ago and then the human relations commission and then the blue ribbon commission or in some order, so I think that makes sense.
And we have portions of the chabot report coming to us in very discrete pieces as I understand it, we have the national institute of corrections recommendations that I think have recently arrived so they're going to be a lot of recommendations from a lot of sources, some obviously will overlap. Let me go to our county executive and then to our county counsel.
Yes, Mr. President, my understanding of the request from the board to administration was for us to give a very high level summary during the budget basically focusing on what's already been going on with regards to the reports, and that all other issues would come to this committee and then be forwarded to the board, and I know the sheriff will come up and she's been doing an excellent job of developing 450 plus different action plans related to a number of proposals, so I suspect and expect that the board and the committee would have the sheriff's office taking the lead and making sure the board and the committee understanding the plan to remediate the plans are occurring, they've been working extremely hard on this issue, very diligent, very comprehensive and I think that would be the best approach.
2:18 PMAlright. we have had some direction from the board to the county executive's office I think for sort of a weekly off-agenda update, is that ringing any bells, I think that was at the request of saoup sore cortese.
Yes, I think that's correct. One of the things that I think that as jeff said we committed to was to try to create a single document/matrix that would be the vehicle through which the board would know everything that's on the table and then obviously the board then asked the finance committee to review, so we think that's a good vehicle so that everyone understands what it is that is being considered and then we will use that document to then provide these updates -- I don't rememberbacker remember if it was weekly, it might have been weekly, but perhaps whatever the right amount of time was, we will then use that to provide -- because I think there was an interest on getting that a website or something where people could easily access it.
2:19 PMWell, i'm looking at the minutes that are pulled and let me be clear, this is not to say gotcha to anybody, it's to sort out who's on first and who's on second and how we're going to proceed. The direction at the time was to direct the administration to provide a tentative timeline relating to finance and government operations committee discussion and implementation of the blue ribbon commission's recommendations and to provide weekly off-agenda updates to the board, and if in the four weeks since, the thinking has changed a little bit, what -- and if also if we're talking about bringing essentially all of the recommendations through fgoc which I think we are, then I think -- no, I think we are, I think we're talking about --
2:20 PMYeah, we're going to have a discussion about it.
Then I think we need to clarify that at the full board level, and the other piece is going to the county executive, while we obviously want to have the sheriff's involvement, engagement in the process, I don't think the expectation is the westbound of this committee will be guided by a matrix developed by and organized by the sheriff's department, I think we're going to be working through both the administration and through our management audit team led by Mr. Mylocke at harvey rose.
2:21 PMAs it pleases the committee.
Yeah, and I have some thoughts about that that's different from yours. Er
Yeah, I think our goal and we've been collaborating with roger is to create sort of a document that provides the recommendations which is what I believe to be -- what has been included in all of these reports simply in a format where all of those recommendations can be viewed, the source of the recommendation and then whether or not the item is included in the budget or has been funded. It's not an attempt to provide any editorial aspect but to present the recommendations in a single format with some initial information and I think we believe would be helpful, not again subjective but objective information.
2:22 PMMr. Mylocke, any thoughts on all this?
Supervisors, the process in the preliminary process that gary is describing is one that we went through with the county exec's office, county counsel and the sheriff to try to develop as much as possible common information that would facilitate the review of this committee and also serve this committee's purpose for reviewing, analyzing and reporting out on each of the recommendations from the various reports and we've been able to do that work witching the sheriff's department as well of course and they've done the bulk of the work not only from their perspective but also a more in-depth analysis pursuant to their own need to take corrective action and so on regarding these proposals. To some extent, there's a little bit of a different purpose for the matrix that this committee would use versus the matrix that the sheriff would need for their ongoing internal administration and operations of the department including accounting for item that is are not part of any of these recommendations of the reports so to that extent, there's a little bit of a reconciliation that needs to occur, but I think the matrix that we submitted to you today for your review and approval along with the categories that will help to facilitate your review by lumping like recommendations into approximately 12 major categories, all of that will really help to get the process established and then going forward, you'll be able to review these recommendations systematically and efficiently.
2:24 PMAlright. and are you talking about the document na is dated May 12, 2016 subject to February 12, 2016fgoc meeting item number 4, consider recommendations?
Two pages with a legal page attached that says draft, yes?
That is correct.
Great, thank you. supervisor chavez, you had a --
Yes, I just wanted to share a thought. Maybe I could follow up with the point that Mr. Mylocke made and that is that I think there were a couple of different opinions voiced by the board that I wanted to highlight and some of that I went back and looked at the transcript because I realize that we're all looking at this issue from different perspectives. The first is I think the board wanted us to come up with a process by which we would be able to track both the recommendations wherebisinger they land and had whether or not they're being addressed. I think the second thing that the board really wanted I think from us was to understand whether those issues don't necessarily need to be decided by us but what's the very best way or recommended by our committee but what's the best way to address them and I just want to give an example of what I think that -- what that meant when I heard it from our colleagues to me. One on the process question. I think there does need to be one public document that's easy for people in the community to access that does just cover where we are with all of this and I concur, it's not with an editorial comment, it is just what it is, I think that's important. Two, of the almost 500 recommendations, a number of them are entirely or somewhat duplicative of other recommendations by other bodies, so one is I really don't think the list is 500. Three, that some of these issues have already been addressed, so when the blue ribbon commission began meeting and I think this has been true of all of our mitt taoes including reentry, an idea comes up, the staff addresses it, so it if that matrix were to include what's at least from a first slice been responded to, I think that list becomes even smaller. I think there are some issues that the whole board will want to weigh in on and I thought the point that you raised at the first meeting when the blue ribbon commission, it might have been the blue ribbon commission when you raised this issue was to have a special meetings of the board to deliberate those big issues ask I thought that was smart because we're going the need a lot of buy-in on those and I think that is a handful of issues. I think oversight is one of those that we May want to recommend a process for evaluating that, but the discussion of the content of that I think would have to go to the full board. So, what I think I hear and what I want to recommend and, sheriff, I am interested in if what i'm saying is accurate from your per specie -- perspective and from the staff's perspective, that there is some discrete bodies of work that really belong under the auspices of the county executive and our staff and that is health related. I could go through the list, health is probably the biggest and most important. They're very discrete areas of work that really belong to the sheriff and even within the county's departments, everybody should have their own matrix that they're working off of to make sure they get their stuff done in a timely fashion, as all of you are working on those, what ends up in here is not your working matrix, matrices, but that what we're getting is what's outstanding, a, and b, what is fundamentally important for the board to weigh in on, either because it is a significant policy issue or because it has implications relative to meet and confer, or it has financial implications. So, what I was hoping is by using -- that what we would be doing today would be to evaluate the recommendation that came forward from roger and harvey rose determining whether or not we think that is a good method overall for all of us to say, yes, this is a way we can work together to look then to give direction after we talk to the board about this, to give direction to roger and working with the staff and to ask sheriff smith to determine those significant groupings, help organize what they think should go in which of these categories that we at fgoc would have a chance to review those and recommend to the board that we think this activity needs to come to a special meeting of the board, some of these are more routine. That was my --
2:29 PMAnd i'm sorry, those groupings would be recommended by whom again?
If you see on roger's memorandum, on page -- i'm sorry, on page 2 and 3 , you'll see that there are some external oversight facilities, they're relatively broad categories but the good news about that is I think it allows us to take all of these recommendations which so many of them touch each other and then I think we can go through them as groups and then prioritize them.
2:30 PMLet me offer some thoughts about this as well. On the one hand, and on the other hand, on the one hand, the sheriff's department obviously needs to be engaged and is integral to making our way through the recommendations from the blue ribbon commission as well as the recommendations from other sources. That being said, I just don't think it's appropriate to put the sheriff's department in the position of providing oversight or management of our board and county's response to our board and county's blue ribbon commission recommendations.
2:31 PMWhat are you referring to? I mean, what -- did I say something or is there something in writing that gives you that impression, from roger i'm asking?
I'm referring in part to conversations i've had with the sheriff and in part to comments you have made and very much in part to the comments that were made by our county executive a few minutes ago, so mostly though i'm just saying what I think which is that on the one hand, I want to make sure the sheriff's department stays engaged and involved and is heard from at every point in the process, on the other hand, this is called the finance and government oversight committee for a reason which is we're supposed to be providing the oversight and I expect us to do that work here and to accept that responsibility, and I think ultimately, the community's confidence in the follow-up to the 176 recommendations will be enhanced by our underscoring that and relying primarily either the rose team or our own county staff to sort of help us as a committee and as a full board manage the matrix, and I don't know if we're kindling at this from a different point of view, but this committee and our board needs to be -- this committee needs to be the clearinghouse for all those recommendations.
2:32 PMWell, first of all, I think we need to verify from the board that they're comfortable with us playing that role and I don't disagree with it but I think we should get feedback from them, and second of all --
Let me interrupt for a second, supervisor, i'm reading from the minutes, your --
Ited like you to not to interrupt me, please, if I could finish my thought.
I'm going to ask you to pause for a minute while I read the minutes. Er
2:33 PMSo, what you're saying you would like to interrupt me before I finish what my thought is, the only reason i'm making the point that i'm making is I really do think it's important that all of the parties, the sheriff, our staff and roger and mental health and everybody else have a place to put their information. I wasn't suggesting that we in any way advocate any responsibility for finance or for meet and confer, for any of the things that fall within our per view, absolutely not, but I think that the process that roger's put forward and the fak that the stf has met and an opportunity for us to put all of our thought ins one public place that the community could have access to is I think a very good idea. I think that if on the point that you just raised, you know, in terms of us being a clearinghouse, I don't -- I think what that meant was prioritizing and giving feedback but I do want to go back to the board and have a discussion with them in part because I did also in addition to reading the minutes read the motion, also read everybody's comments and I want to make sure we include the entire board in decisions that are of importance to them. I'm done.
2:34 PMThe minutes say, at the request of supervisor chavez, the board requested administration to move discussion and implementation of the blue ribbon commission's recommendations to the finance and government operations committee and reaffirm the interim process of directing pertinent correspondence to jail diversion and behavioral health reentry health network, so move discussion and implementation of the blue ribbon commission's recommendation tos the finance and government operations committee is the operative phrase here in terms of the work of this committee, it's why I was trying to get some clarity about whether other recommendations would be coming to this committee as well because not that i'm trying to expand the work of this committee, i'm trying to make sure we take direction from the full board and from this motion, so again, i'm not -- all i'm saying in my prior remarks is, that becomes the responsibility of this committee and that means that this committee needs to be driving that process, not the sheriff's department or any other outside entity department or agency outside the purview of this committee and our board. Does that square with your thinking and understanding?
2:35 PMI'm not sure I understand the distinction that you're making.
The distinction is one of whose responsibility is it to see that three months, six months and a year from now when someone walks us to the microphone and says what happen today the 176 recommendations, this committee is in a position to answer that question and we would have done that based on our own agenda rather than on an agenda brought to us by an interested party like the sheriff's department.
2:36 PMI don't think anybody suggested otherwise, and I didn't hear Dr. Smith's comments to be the same as you did. Having said that, I don't think it's -- I don't know, I don't think it's productive for me to keep repeating myself so I won't. I think that what's important about what you're saying is there's a place for everybody at the table, then we're going to work through all of these recommendations, the ones that we have purview over, some we don't, some are the purview of the sheriff, so I think that the driver to your point is absolutely the board. I think our committee is assisting the board in doing so.
So, going forward, the question is, how are we as a committee going to do our job in termser of the part that we're responsible for and I think the answer, Mr. Mylocke, is that you're going to take those 176 recommendations that have already been part of that exercise, working collaboratively with our county executive and his administrative team and with the sheriff's department and with anybody else who's an interested stakeholder in terms of making sure you have accurately represented what the recommendation is so it as been previously mentionesed to the greatest degree possible, you have there of simply repeated not editorialized what the recommendations are and try to bundle those in some coherent way so we could deal with a particular body of issues that were coherently connected, yes?
2:37 PMThat's correct, supervisor.
Then going back, what is your thinking about the fact that we're going to have -- we already have recommendations as we referenced earlier from other places and we are going to get reck m dashing from other places going forward, is it -- do you have an understanding or expectation or recommendation about whether or not those also get funneled through here in the same way or whether they go somewhere else?
2:38 PMYes, I do, supervisor. the draft document that we provided was designed to not only accommodate the blue ribbon task force recommendations but to accommodate as many outside agency and consultant reports and recommendations as May be introduced to the committee over time and to provide a central place where 100% of all the recommendations are accounted for and that would enable the committee to respond to a question as you suggested that we May get in six months. What happened to recommendation number 24 from the blue ribbon task force, the document that I laid out if you look in the last two column, it's designed to have committee reference as to when the committee discussed it and what the committee action was, so that was the intent to provide a comprehensive fully transparent for the public and anyone else to follow the progress of this committee.
2:39 PMNow, let me ask, supervisor chavez, is that consistent with your notion about how we ought to proceed because as I said earlier, I think we need to go back to the board and get some clarification on that.
Yes, I mean, I think the importance of what both you and roger just raised is in the attachments that we have for thz meeting. We have a nrum of recommendations from a number of entities and that's -- really it's closer to 500 and really it might be half of that with the number that are probably duplicated or just touch on each other and some which are not -- some are very broad that May not fit into any single category, so yes, I think it would be helpful if we had one working document. I think the public would appreciate it, I think all of us would.
2:40 PMGreat. county exec?
Yes, sir. the one thing I just want to point out is that on two occasions, the board in public session asked how are we going to deal with all of these recommendations and separate from the specific motion, I think the administration committed to bring to the board in budget workshops, a listing and it's become known as a matrix of all the recommendations, so what happened was we were working on that and the sheriff had already developed this list so instead of reinventing the wheel, we were going to take advantage of that work ask then when this was dell fwait today the finance committee and roger was involved, that's when we got together and said let's create one document, again, the goal of which is to be a single, objective document, not one that tries to have any editorializing but something that the board can work with and the committee can work with, so I think we're all on the same page in terms of trying to find a way to deal with this massive number of recommendations recognizing that some are duplicative, that's why we have these categories and I do think we thought through this process and hopefully it's one that you feel that would be helpful to you in accomplishing your rather large task.
2:41 PMLet me ask either you Mr. Graves or our ceo, who's going to be staffing this effort in the county executive's office going forward because this is going to be an ongoing enterprise?
We are going to have martha lupenski staffing it in general who's standing over there in the corner, well, that's not the corner. And also with some help from a consultant and from our new deputy county executive, gary herceg, I wanted to engbacker emphasize, we're not going to be implementing the plans obviously, if the board asks us to do something specific, we willfinger but we want to make sure that the health, custody health, custody and the sheriff's office all have what they need in order to get the remediation done and also that we coordinate the efforts so that we make sure that nobody gets lost in the process, but that's what we have planned.
2:42 PMGot it. my take away from all of that, Mr. Mylocke is you're going to be the technical support, the central technical support for the clearinghouse function that this committee is going to perform, does that sound right to you?
2:43 PMThat's correct, supervisor, I view us as being the repository and also an information source to the extent that as items are reviewed, a question comes up and you need additional information before you can complete your review and analysis, there are some thing that is May get referred to our office to get that information for you.
Thank you. and supervisor chavez, that's consistent with your understanding as well?
Okay, and is it -- well, in terms of the timing and process and our clearinghouse role, I think we believe that board president cortese has already scheduled I want to say three of these quarterly meetings that supervisor chavez referenced earlier which I had suggested when we had this conversation a month ago, if we could and i'm not saying we can given the challenge of managing schedules, if we could, I think it would be helpful for our committee to process some of the recommendations or deal with some of the clusters of recommendations prior to those quarterly meetings of the board of supervisors and then essentially have we hope helped refine a little bit of the conversation so that when we share our understanding of where things stand with the full board, there's a little less to chew on, and again, understanding this committee has no authority to actually implement anything, only the full board can do that, i'm thinking if we have the issue of mental health executive session, understanding that cuts across other departments and agencies, have the conversation here about what the status is of those various recommendations and then deliberate, bring to the full board and have time for the full board to take up those issues.
2:45 PMThis was the only caution I would make about that is that I think the very first thing that needs to happen is, one, we need to get everybody to do this data dump, but second is this grouping issue that is in Mr. Mylocke's recommendation I think is really critical. I think one of the things the board -- if I were on the board and I was wanting someone else to do the -- kind of the for lack of the better word, the mine naoush ya, it would be to prioritize broadly what goes into those meetings and second, there's some probably additional work and research that would need to be done and i'm dpoing the use one of the most observe ones and that's around oversight. Sheriff smith gave us a report that -- a lens on oversight, we have one from erin visca, in this particular area, there are no best practices around oversight, most jails don't have oversight, they're done with police departments so one thing we May want to do is take a look at the matrix, prioritize that -- it makes sense for the board to take specific action, make sure the board has research and can look at options and that's just one that's kind of stuck with me because to your point, when one of the issues you raised relative to the blue ribbon commission, that was really one of the biggest more consistent issues that was part of that discussion, so in my mind, the next step would be to come back with what can be grouped and then making recommendations to us about how to proceed on them, especially given once you take a look at thel, we're going to see a whole bunch of them that might be done and that way we know what the it is we're speaking of.
2:47 PMTo that point, I wanted to reference the fact that there were two items that the blue ribbon commission asked us to prioritize above all others in terms of their recommendation one was the issue of oversight and the other was about leadership at the jail and I think we need to honor that request by taking those two up immediately and figuring out -- and, again, to supervisor chavez's point, not that we're going to solve those or resolve those or come to a conclusion about them in this committee, but we need to have a process in place to address those two issues, and again, those two in my judgment have to be sort of top of the list to address because that was the request from our blue ribbon commission because they saw those as overarching issues, so Mr. Mylocke, county exec or Mr. Graves as our chief operating officer, your thoughts about how we put in place a process that supervisor chavez mentioned with respect to the first of the two items that allow us us to assess what the possibilities are. On the second issue, this is an issue that's got 30 years worth of history, some constitutional statutory judicial charter mou complexity to it, but again I think that conversation needs to take place in some form.
2:48 PMSupervisor, regarding getting to that step in the process, I think the first activity that needs to occur is to have staff go ahead and make those groupings and present them to you so you can see which recommendations from which reports fall into these categories such as oversight and I have to tell you from reading these recommendations, what you're going to be getting is not always fully clear and transparent as to what was intended, so it's going to take some discussion for you to determine what was really intended for some of these recommendations but nevertheless, putting them into common groups is going to help facilitate that process and that understanding. Once that's done, then I think the committee would be in a better position to decide which ones of the recommendations can be implemented quickly and which ones would require additional work, etc. , before you can come to a conclusion as to what you would want to forward on to the board.
2:49 PMMr. Chairman?
So, to follow up on that, I think let me just make one observation about the groupings and about the issue in particular about oversight. There were just among in the blue ribbon commission I think six of all of those recommendations related to oversight, maybe more of them, so even though the blue ribbon commission had erin's report and people said yes, thep the commission -- the committee members, some of them wrote their own version of what that meant, so I think the point that you're raising which is an importantbacker important one is probably the best way to know how to proceed on them would be to see what the it is by topic because you have to search through four reports to get that.
2:50 PMAnd there's going to be a lot of duplication of course because we have multiple reports dealing with the same topic area, so consequently, only this committee can make the determination as to which ones they believe are duplicative and which ones they believe essentially represent the essence of what was intended so that you can forward something on to the full board and say in relationship to oversight, we believe that this particular recommendation would do the following and you can then provide some more in-depth information to the full board based on the time you spend going through them, sorting them out, understanding them, discussing them with staff, requesting additional information as necessary, best practices, that's the only way you're going to deal with them in an efficient manner in consolidating them into similar groups and proceeding from that standpoint.
2:51 PMI want to go to the county exec and then I want to pause for Mr. Korb, so if it's still sometime and relative first to Mr. Smith and then back to Mr. Korb.
2:52 PMYes, supervisor, in terms of the sort of primary issue of leadership and oversight, I feel strongly that the committee and the board needs some historical and best practices information, so I would suggest that the board ask for a report back that we could provide that would go through not only the history in our county of the leadership regarding the jails but also experiences in other counties, pluses and minuses, options, concerns, so that you have everything laid out in front of you and can choose an option that you think is reasonable and rational option. I agree with you that that's a very important first step and I think many of the other recommendations follow that.
2:53 PMThank you. Mr. Korb, thank you for your patience, if you haven't left.
At this point, I don't need to add too much more, I wanted to remind the committee that on April 26th, the board forwarded -- well, made public a summary of a consult tan's report on suicide prevention in the jail and had by consensus directed the recommendations contained in that summary to come to this committee. As you know, there will be additional consultant reports on other issues in the jail. Those reports will be discussed by the board at a future date. I would assume there May be additional information including recommendations that would be made public and we would seek clarity from the board at that time whether those would be toward forwarded to this committee but it's my expectation they would be.
2:54 PMThank you. we have a couple of cards that I want to get to in just a minute. I do think Dr. Smith that the notion of directing staff perhaps by this committee to provide us with the kind of background memo and obviously for the full board to consider on those two issues would be helpful.
I want to say again, I think what's important first of all is to look at what the it is in both of them, and they were in multiple reports, so our multiple recommendations, so I don't disagree that we need to get in that direction, I just think it's important to gather that up so that when we take it to the board for one of those special meetings, and it would be important to know I don't recall the dates of them, I don't know if you do, supervisor simitian, but it's -- but to your point, if those discussions need to go early, it would be important to move the time backward from these meetings to those so that we can put the relevant topics in.
2:55 PMI think the it with respect to oversight and leadership is the it that is contained in the letter from the blue ribbon commission from Judge Cordell on their behalf, item 8 oversight and leadership which is in our packet, page 11 and 12 today, while each of them will improve reck m days, two will have the most impact on inmate and is correctional officers and on which we ask the board of supervisors to take immediate action and then there were two sub heads with two or three paragraphs of explanation, the first sub head is creation of the office of the inspector general of the jails, oig, and then two, immediate change in the leadership of custody operations, and I think those are the two items, Dr. Smith and Dr. Graves I would ask you to report back to our full board through this committee on as the two items that were highlight by the blue ribbon commission that they wanted us to take up immediately, and that have some overarching impact on the entire operation.
2:56 PMYes, I think that's correct. There are two -- again, our intention is to provide you with -- sounding you're okay with these categories, as we had committed to do, that we're going to provide you with the full 500 recommendations broken out into these categories next week. Now, that's what we had committed to provide to the full board during the budget workshops. I think certainly it's appropriate for you to receive this information about the history because I think it's significant as it relate tos the oversight question, I think that that's going to take some time to provide some research in terms of how it's done, what are the best practices, that kind of thing, and certainly I think I would suggest that we collaborate with harvey rose on that kind of research so we can sort of bring back as much information back to the committee.
2:57 PMWe have the memorandum which is a public document from the county counsel's office dated April 21, 2016, organizational structure for management and oversight of the county jails, and I will say I thought it did a very nice job of sort of laying out the very portrait history of the relationships over time, and you know, I should be very clear at this point unless too many people read too much into the request ff this information, i'm respond tog the request that was made of us by the blue ribbon commission. People should not read any rendered conclusion about it, quite the opposite, one of the reasons that I asked for this history as i'll describe it from the county counsel's office is I think people begin to realize pretty quickly just how complicated this relationship is and that we didn't end up with a current relationship by accident, it's a function of many different forces over a great many years, so any conversation about potential changes, large or small, needs to be informed by an understanding of that history and those limitations, but what I hear you saying, Mr. Graves, is it's great we ask for those two items to be teed up for your report and analysis but that we shouldn't count on it next week, is that a fair summary?
2:59 PMYes, definitely.
Well, and let me just make this more complicated and be clear about why I made the request of having the staff actually go through all the recommendations and group these together is that the blue ribbon commission had a number like I said of takes on what oversight should look like and should mean and some of it was just advocacy for oversight of some sort. The sheriff brought forward a report on oversight that was actually a little more far reaching than the blue ribbon commission's oversight, and by that I just mean it was a little more independent I thought and had some -- in fact, even the person would did the report for the blue ribbon commission thought that the recommendation by the sheriff was a little more far reaching than his own. Having said that, I think the sheriff put forward some recommendations, the blue ribbon commission did, among the blue ribbon commission, there's more of them. I don't remember if what the other groups would came forward recommended, I think they might have recommended general oversight. I don't know if any of them recommended them a method or expressed an interest in us looking at a particular model. I know some people wanted us to look at l. A. And there were some other models. So, I recognize and I think it's really important and I think I concur with you that the oversight issue is of the highest imperative. I do think it should go to the full board as quickly as possible, I think relative to the combing through the recommendations though, I just want to make sure we've looked at everybody's material that came forward because people took time and did their own meetings and have recommended that. And that one in particular I think was of great importance. The issue relative to, you know, change in the jails was more complicated by two factors, that while the report that came to the board from the chair highlighted that is something that had been a priority, it was not something in fact that was discussed very much by the blue ribbon commission, so to that end, I also want to say, both the blue ribbon commission and some of the other bodies have made more specific recommendations, I would like to be part of the discussion, some of those relate to other issues that are in the groupings that you've put forward, I think culture was one, staffing and I can't remember, it said something about staffing and recommendations for requirements and that kind of thing, and all really important and in some ways to your point, supervisor simitian, the request on leadership change that you May be looking at May be really narrowly defined as what Judge Cordell put forward, but there were a number of issues that go under that that I think relate to staffing that I think are important. I'm not sure if that's exactly -- it seems like they May have their own categories but I don't know that, I want to make sure we don't miss that. I'm not sure what research, additional research we would want to take a look at except what I just made mention of which there aren't a lot of jails that have oversight, would we want to look at police departments, if you do, which kind of departments would you be looking at, what size, and I want to make sure we're looking at populations that had the same kind of diversity that santa clara has, so those are thoughts i've had based on participating in those various work groups.
3:03 PMSo, what's a reasonable timeline, Mr. Graves, Dr. Smith for a report back on those two items with both background, comparative analysis and options for our board to consider?
Next month.
At your meeting. at your fgoc meeting nesting month.
I mean this in a helpful way, some of these are fairly specialized areas of inquiry, do you feel like you have the right staff in place soon enough to get back to us in that month on the issue of oversight and on the issues of structure i'll call it?
3:04 PMI think we can give you a report that's fairly thorough in a month and then if you have other questions, we can go with that. I'm thinking that much of the history of how the leadership and organization of the department of corrections currently exists, we already have the research done by county counsel with regards to looking at other jails and sheriffs and police situations, that should not take more than a week. In termser -- terms of coming up with suggestions of what a structure might look like, I think we can fairly quickly make some suggestions, realizing that it would be up to the board finally to make a decision and so I think we can do it in a month.
3:05 PMGreat. pleased to hear it. We do have two speakers who have been waiting patiently through this conversation, hillary armstrong from the law information and christine clifford, folks come on up, and I think we have two minutes on the clock. Let me confirm with the clerk, yes, we do. Welcome and pull that microphone down.
Good afternoon, thank you, i'm hillary armstrong with the law foundation of silicon valley, thank you to supervisor chavez and supervisor simitian for taking the time to carefully consider the many important recommendations of the blue ribbon commission and the many other sources of recommendations that have been discussed today on ways to improve conditions in our jails. As you are well aware, these issues are incredibly complex and we appreciate your careful and thoughtful study of these issues. I really appreciate the spirit of transparency and accountability in the effort to grapple with these hundreds of recommendations and to communicate progress on that to the public, and in the spirit of transparency, I would reiterate our previous request and encouragement of the county to release the full recommendations of the other consultant reports, in particular, the civilian reports, as part of this important and critical work. Thank you very much.
3:06 PMThank you very much, ms. clifford? And let me direct the clerk to the in-dox, it looks like we May have another speaker.
Christine clifford, silicon valley debug, thank you for being here today and for all of your work. I'm really excited to hear there's going to be ongoing and open meet chastising the public can attend to see what progress will be made on the goals and objectives that people decide the put forward and to work on. I want to remind everyone that when the blue ribbon commission was shown the list of grievances for the past five years, the top five grievances were consistently medical and mental health, other, which I think refers to conditions of the jail, staff conduct, classification and programs. So, as you move forward and hope to be responsible stewards of our funds, please don't lose sight of these voiced needs, these are people who live and work inside of our facility and is the families that visit them. We are here because michael tyrey was lost and because there was ongoing work on the conditions inside the jails and this all came to a head with michael's death, so i'm very happy to hear that you want to have some ongoing accountability standards that the public can look at to see who's responsible for what and how we're moving forward. I feel personally that none of these goal that is we're looking are easily implemented without adequate staff, so I would like there to be some thought addressed to how do we recruit and maintain the highest level of training and staff that we can for our county so that we can reduce the culture difficulties that we're facing and we can ensure that going forward, we have the type of facilities that we all want to see. Thank you.
3:08 PMForgive me, thank you very much. We do have one more card and that's from roger winslow, Mr. Winslow.
Good afternoon, my name is roger winslow, vice-president of the deputy sheriff's association, santa clara county, you are correct in your assessment that the fgoc committee should be the oversight on the completion of task assign today the various county agencies including the sheriff's office in term of reform of jails, the public scrutiny given the sheriff's office has been the only catalyst for recent changes, though some reform ares in process or have been completed, reforms still suffer from the foundational problems, no clear policies, insufficient or non-existent staff and training to match practice with policy and [inaudible] to absence of staff involvement, change is easy to call for, implementing change is more difficult, the hardest task is sustaining reform, sustained reforms require a xhaing of leadership and culture, the city of los angeles is a model of learn thing hard way. [inaudible] the final results of the christopher commission show a rob, the final [inaudible] as or thebacker pretender by connie rice quoted it's the culture, stupid, and final results of the blue ribbon commission ask&the human rights commission and civic leaders in santa clara county, reader lead her ship and cull khu, please do not let history repeat itself.
3:10 PMThank you u thank you for your comments, and Mr. Viscer, you can come on up. Welcome.
Thank you r supervisors, glad to be here, thanks for undertaking this really complex process. I just wanted to show up and observe the process and let you know that as always, i'm available as needed. I'm very eager to see the report from the county executive's office about standards and best practices for models for independence civilian oversight, as supervisor chavez said, there's not a lot of jail oversight -- examples of jail oversight out there, there's a lot more examples of police oversight, that's not to say there aren't best practices, there May be best practices, there's not been anyone who has clearly articulated what those best practices are and this would in some ways be a first of its kind study. I just want to remind -- i'm sure it's on everybody's radar, but in my report that I issued in my work for the blue ribbon commission, I cite two examples, they're california examples deliberately, cdcr, the state prisons, the office inspector general and for the l. A. County sheriffs, and I cite links to those -- to the websites for those organize sashes and the portions of the websites which describe their scope and authority and activities, and I do sort of put those out as very strong examples of inspector general's offices, there are others and i'm happy to point folks to other strong examples, both in california and elsewhere, but I just wanted to thank you and let you know i'm still around and happy to be a resource, thank you.
3:12 PMThank you very much. supervisor chavez, Mr. Vicer, before you step away.
I want to say thank you to all of your work and two, as full disclose yaou, I called erin before this meeting to review your report and just praoeshtded even though we were done paying you that you've allowed us to stalk you, so thank you
Do we have any other cards on this item? I don't believe we do, and then the item is back before us, and let me just look on recommended action as a process matter, i'm not sure that there is --
Mr. Chair, I guess one thing we're interested in is if you're okay with the categories, that would be very helpful in termser of us moving forward.
3:13 PMAnd are we talk k about the category that is are nr the document from Mr. Mylocke today?
That's correct.
I guess the question I would ask is , I know we've got a document that arrived I think just today from the sheriff that set out some categories as well.
I think they're roughly the same.
So, I want to look to the sheriff's department or corrections, either one, to say does the categories that we have from Mr. Mylocke work in terms of the categories you've identified, if you've had time to look at them which you May not. You have? Okay. Mr. Mylocke, do you have any views about that? Have you seen the let frer the sheriff?
3:14 PMYes, I have, supervisor and as I indicated before, I met with the staff and we went through them pretty carefully. I believe the 12 categories are very, very close, one of the distinctions that you'll see I provided a little bit longer title to each and one of the additional pieces that I think we need to provide the committee and for the public is we need to provide some more expanded definitions of the kinds of recommendations that are being grouped together and in the short time we have, we didn't have the opportunity to do that but I would be happy to work the sheriff's staff and come up with the definition that is would be good for both the committee and the public.
Definitions of what the headings mean?
Yes, because a single word such as grievance will not fully explain what is envisioned to be included because these recommendations cover everything from policies and procedures to the form that a complaint is submitted on, so I think a little bit of additional explanation would be helpful.
3:15 PMGot it. I think from my standpoint, I want to hear from supervisor chavez here in a second, Mr. Grave, i'm comfortable with the categories but with the caveat that there May be categories to be named later, and also I do think it would be helpful to perhaps put a little meat on the bones in terms of what the categories mean so that people know where's my item, they can tell where it's likely to be.
Supervisor chavez?
I think that's right, yeah.
So, I think in termser of action items today, preliminary discussion relating to the process, I think we've definitely had that and establishing a schedule for the consideration or recommendations of future finance and government operations committee, supervise sorz chavez, I think what I heard is we will move forward to use this committee as a clearinghouse on the 176 item from the blue ribbon commission, we will ask the board for clarity about the fact that the other recommendations from other sources also come through the committee, we'll ask the administration to please get back to us on the two items that I mentioned in terms of history analysis, feasibility and option and is we'll try to schedule some special meetings of this committee for the response to the various recommendations that to the greatest degree possible can tie into the schedule that's been established by our board president for the full board's consideration.
3:16 PMThe only caveat I would make, with we report out to the board in asking them if they're comfortable with us taking in all the other committees, I would also like to update them on the process we are to date and to verify the comfort level with us taking the first two and us processing those in committee, the reason I want to make sure of that, I think those were of importance to the entire board and I think the only thing we're really going to be doing is getting the research and the information queued up for one of our all board meetings, I want to make sure we catch them all up like that, thank you.
3:17 PMThank you. can I ask that that be in the form of a motion?
So moved.
Motion by chavez, second by simitian, without objection, so ordered. Thank you all very much and we have quite a bit to do left, that being said, i'll ask that we take a five minute recess and that will be a real five minutes, not a pretend five minutes, alright, thank you all, we're in recess for five minutes. ( meeting in recess for 5 minutes,
3:22 PMRecording was Paused for 3 minutes and 46 seconds