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336 Pacific Avenue • Shafter, California 93263
September 16, 2025
Hon. John W. Lua
Presiding Judge
Superior Court of California
County of Kern
1415 Truxtun Avenue, Suite 212
Bakersfield, CA 93301
Foreperson
Kern County Grand Jury
1415 Truxtun Avenue, Suite 600
Bakersfield, CA 93301
SUBJECT: RESPONSE TO 2024-2025 GRAND JURY REPORT ON THE CITY OF
SHAFTER
Dear Judge Lua:
On June 17, 2025, the City of Shafter (“City”) received a report from the 2024-2025 Kern County Grand Jury (“Grand Jury Report”) regarding the operations of the City of Shafter. Pursuant to California Penal Code Section 933, “[N]o 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…” (See Penal Code, Section 933(c)).
The attached response is drafted in compliance with Penal Code sections 933 and 933.05 on behalf of the Shafter City Council, pursuant to their unanimous adoption of Resolution No. 3043 (attached) adopted at the September 16, 2025 City Council meeting.
On behalf of the City Council, I want to express our sincere appreciation for the diligent review conducted by the Grand Jury and will remain available to discuss any follow-up matters.
Sincerely,
CITY OF SHAFTER
Lance Lippinoctt, City Manager
Attachment: Resolution No. 3043
CC: Mayor & City Council
City Auditor
17236.00000\43919325.1
RESOLUTION NO. 3043
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SHAFTER APPROVING A RESPONSE TO THE 2024-2025 KERN COUNTY GRAND JURY
REPORT ON THE OPERATION AND MANAGEMENT OF THE CITY OF SHAFTER
AND DIRECTING A RESPONSE TO THE PRESIDING JUDGE AND GRAND JURY
FOREPERSON
WHEREAS, on June 17, 2025, the City Council of the City of Shafter (“City Council”) received the 2024-2025 Grand Jury Report (“Report”) on the operations and management of the City of Shafter; and
WHEREAS, the Report investigated the operations and management of the City of Shafter and made certain findings and recommendations related to the establishment of Council norms and protocols, accountability measures for Council members and the identification of City facilities; and
WHEREAS, the City Council reviewed the findings and recommendations contained in the Report and approved a response in accordance with California Penal Code, Section 933(c); and WHEREAS, the response has been prepared in accordance with the guidelines established in the Report and California Penal Code, Section 933.5; and WHEREAS, the City Council is appreciative of the efforts of the Kern County Grand Jury and resolves to comply with the recommendation contained in the Report.
NOW, THEREFORE, IT IS HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAFTER AS FOLLOWS:
SECTION 1. The City Council of the City of Shafter hereby approves the response to the Kern County Grand Jury on the operation of the City of Shafter as shown in the attached Exhibit “A” to this Resolution.
SECTION 2. The City Council of the City of Shafter hereby authorizes the Mayor to sign this Resolution and provide a copy to the presiding judge of the Kern County Superior Court and the foreperson of the Kern County Grand Jury pursuant to California Penal Code, Section 933(c).
In addition, the City Council hereby authorizes the City Manager to prepare a letter of transmittal to be signed by the Mayor transmitting the Resolution and its attachment.
SECTION 3. Effective Date. This Resolution shall become effective immediately following its adoption.
PASSED, APPROVED AND ADOPTED ON THIS 16
th DAY OF SEPTEMBER,
2025.
____________________________
Chad Givens, Mayor
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Shafter City Council Resolution No. 3043
September 16, 2025
2 ATTEST
______________________________
Yazmina Pallares, City Clerk
APPROVED AS TO FORM:
______________________________
Marco A. Martinez, City Attorney
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Shafter City Council Resolution No. 3043
September 16, 2025
3 EXHIBIT “A”
CITY OF SHAFTER
RESPONSES TO 2024-2025 KERN COUNTY GRAND JURY REPORT ON THE
OPERATIONS & MANAGEMENT OF THE CITY OF SHAFTER
RESPONSE TO FINDINGS (ITALICIZED)
F1 Although Council Members are familiar with the City Charter, there have been violations of City Charter §4.07 B (Appendix A) which have caused concern among City employees.
RESPONSE: The City is without sufficient information to determine whether specific violations of Section 4.07(B) of the City Charter have occurred and the Report provides no specific examples upon which the City can agree or disagree (with the finding). Nevertheless, the City Council, at the request of Councilmember Pete Espinoza, recently ordered a review and discussion of Council governance norms and protocols. These public discussions were held at the May 6, 2025 regular City Council meeting and the June 12, 2025 special City Council meeting. The City Council Governance Protocols and Enforcement Measures were adopted by the City Council at their meeting held on July 16, 2025. As part of these discussions, all councilmembers have been reminded and counseled concerning their obligations as councilmembers, as these are described in the Charter and have adopted certain norms and expectations .
F2. Council Members state there are "Council Norms," but Council Members could not give an accurate definition of these "Norms" causing lack of accountability.
RESPONSE: The City agrees with this finding. The City Council recently ordered a review and discussion of Council governance norms and protocols. These public discussions were held at the May 6, 2025 regular City Council meeting and the June 12, 2025 special City Council meeting.
Draft City Council Governance Protocols and Enforcement Measures have been developed and are scheduled for consideration and adoption on July 16, 2025.
F3. The Shafter Animal Control Unit is clean and well-maintained. This unit continues to be a valuable resource for the community.
RESPONSE: The City agrees with this finding.
F4. During a visit to the Shafter Police Department, the Grand Jury observed staff members and officers to be professional and fully engaged. This reflects their commitment to the community.
RESPONSE: The City agrees with this finding.
F5. The jail located at the Department was clean and unoccupied. It passes compliance
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Shafter City Council Resolution No. 3043
September 16, 2025
4 and inspection every year. This demonstrates the high level of accountability and performance within the department.
RESPONSE: The City agrees with this finding.
F6. Through grant funding, the Shafter Police Department was able to build a gym inside the main headquarters. This gives staff members and officers the opportunity to work out and relieve stress.
RESPONSE: The City agrees with this finding.
F7. Due to lack of visible signage, some members of the community may find it difficult to locate the Police Department building
RESPONSE: The City agrees with this finding.
RESPONSE TO RECOMMENDATIONS (ITALICIZED)
R1. The Shafter City Council review the City Charter and establish accountability measures for adherence by October 1, 2025. (Finding #1) Agreed. The City Council recently ordered a review and discussion of Council governance norms and protocols. These public discussions were held at the May 6, 2025 regular City Council meeting and the June 12, 2025 special City Council meeting. Draft City Council Governance Protocols and Enforcement Measures have been developed and are scheduled for consideration and adoption on July 16, 2025.
R2. The Shafter City Council provide a definition of "Council Norms" and publish them on the City 's website by October 1, 2025. (Finding #2) Agreed. The City Council recently ordered a review and discussion of Council governance norms and protocols. These public discussions were held at the May 6, 2025 regular City Council meeting and the June 12, 2025 special City Council meeting. Draft City Council Governance Protocols and Enforcement Measures have been developed and are scheduled for consideration and adoption on July 16, 2025. Once adopted, they will be published on the City website.
R3. By November 1, 2025, the Shafter City Council allocate funds for signage at the Shafter Police Department that will give the building a higher street visibility. (Finding #7)
Agreed. Immediately following the issuance of the Grand Jury’s initial report, City Staff ordered new signage for the Police Station comprised of a monument style sign to provide clear identification.
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Shafter City Council Resolution No. 3043
September 16, 2025
5 Applicable Provisions
Penal Code 933 (c)
(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.
Penal Code 933.5
(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 therefor.
(b) For purposes of subdivision (b) of Section 933, as to each grand jury recommendation, the responding person or entity shall report one of the following actions:
(1) The recommendation has been implemented, with a summary regarding the implemented action.
(2) The recommendation has not yet been implemented, but will be implemented in the future, with a timeframe for implementation.
(3) The recommendation requires further analysis, with an explanation and the scope and parameters of an analysis or study, and a timeframe for the matter to be prepared for discussion by the officer or head of the agency or department being investigated or reviewed, including the governing body of the public agency when applicable. This timeframe shall not exceed six months from the date of publication of the grand jury report. (4) The recommendation will not be implemented because it is not warranted or is not reasonable, with an explanation therefor.
(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
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Shafter City Council Resolution No. 3043
September 16, 2025
6 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.