May 14,
2025 Via Email:
[email protected]
Honorable G
us C. Barrerra II, Presiding Judge
San Joaquin County Superior Court
180 E. Weber Ave, Suite 1306J
Stockton, CA 95202
CITY O
F STOCKTON SECOND FOLLOW -UP RESPONSE TO 2023 -24 SAN
JOAQUIN COUNTY CIVIL GRAND JURY REPORT “CITY OF STOCKTON: CRISIS IN GOVERNMENT” CASE NO. 0123
The Cit
y of Stockton received the above-named Grand Jury report on Monday, June 10, 2024. In accordance with Sections 933 and 933.05 of the California Penal Code, specific responses to all findings and recommendations contained in the report are to be submitted to the Presiding Judge of the San Joaquin County Superior Court within 90 days of receipt of the report.
The Cit
y of Stockton, and the Stockton City Council accepted the 2023- 24 San Joaquin County Civil Grand Jury Report titled “City of Stockton: Crisis in City Government, Case No. 0123” on August 20, 2024, and acknowledged all findings contained within: F1.1 thru F1.6, F2.1 thru F2.6, and F3.1. Initial responses were provided with a commitment to providing follow-up responses on those items still in progress.
The Cit
y and Council of the City of Stockton offer these follow -up responses, broken out by area of investigation as outlined in the report for the remaining Grand Jury recommendations not addressed in the last response.
These res
ponses were presented to the Council for consideration and approval during its public meeting on May 13, 2025, and approved by motion 2025-05-13-xxxx. //
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ATTACHMENT D
1. Thr
eatening Work Environment
Recommendations & Responses:
R1.2 By March 31, 2025, the City Council should adopt rules for handling unlawful threatening Communications received by City officials and employees. Unlawful threats, not covered under the First Amendment, should be referred to the District Attorney’s office.
CITY RESPONSE:
The City’s Charter Officers (Clerk and Attorney) will work together, in coordination with the City Council’s Legislation Committee, to discuss and prepare appropriate and relevant draft policies for review and approval by the full Council no later than August 31, 2025. A progress update will be provided to the Grand Jury and Presiding Judge in September 2025.
R1.6 By March 31, 2025, the City shall enact a policy that all employees of the Mayor’s office are under the same mandated employment rules and laws as the rest of the City staff.
CITY RESPONSE:
The City Council acknowledges the Grand Jury’s recommendation R1.6.
However, the recommendation and report do not contain sufficient information to response other than as follows:
Under City of Stockton Charter section 1102(n) all the Mayor’s appointees “shall serve at the pleasure of the Mayor in the unclassified service; and shall serve under such terms and conditions, salaries and benefits as are similar to other unclassified employees.” All unclassified, at -will employees of the City must adhere to all applicable employment rules and laws.
2. Brown Act
Recommendations & Responses:
R2.1 By March 31, 2025, the City should amend its Closed Session policies and procedures to minimize the risk of revealing confidential information. There should be a requirement that no phone, electronic communication or recording devices be allowed in the room when it is a Closed Session. Additionally, each attendee should sign a pledge of secrecy on entering each meeting as an immediate and continual reminder that the rules of the Brown Act apply.
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ATTACHMENT D
CI
TY RESPONSE:
The City Attorney brought this item to the City Council’s Legislation Committee for an introductory discussion on August 28, 2024, as item 3.8. The Committee members discussed, provided feedback, and directed staff to bring it back to the Committee for further discussion. The item was brought back on October 23, 2024, as item 3.2 and staff were directed to forward a recommendation for Council consideration. The item was presented to the full council on November 19, 2024, and was adopted under Resolution 2024- 11-19-1218 (Attachment R2.2). Additionally, each councilmember (former and current), signed closed session acknowledgement forms. Current council acknowledgments are attached (Attachment R2.1) Former council acknowledgments can be provided if needed.
R2.2 By March 31, 2025, the City should develop a City Ordinance regarding Brown Act violators that includes an impartial process for determining whether the Brown Act confidentiality requirement related to Closed Session has been violated and appropriate sanctions for the violator, including but not limited to, mandatory public censure and removal from committees and commissions.
CITY RESPONSE:
The City Attorney brought this item to the City Council’s Legislation Committee for an introductory discussion on August 28, 2024, as item 3.8. The Committee members discussed, provided feedback, and directed staff to bring it back to the Committee for further discussion. The item was brought back on October 23, 2024, as item 3.2 and staff was directed to forward a recommendation for Council consideration. The item was presented to the full council on November 19, 2024, and was adopted under Resolution 2024- 11-19-1218 (Attachment R2.2).
R2.3 By March 31, 2025, the City should enact a policy that all findings of Brown Act violations investigations must be released to the Civil Grand Jury within seven days of receipt by the Council.
CITY RESPONSE:
The City’s Charter Officers (Clerk and Attorney) will work together, in coordination with appropriate City Council Committees, to discuss appropriate and relevant policies. A progress update will be provided to the Grand Jury and Presiding Judge in September 2025.
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ATTACHMENT D
3. Gr
ievance Process
Recommendations & Responses:
R3.1 By March 31, 2025, the City should hire an independent third party to investigate the City’s Ethics Hotline process to regain employee and public trust in the system.
CITY RESPONSE:
The City Attorney, with assistance from relevant Charter Officers, will present for Council consideration, the engagement of an independent third party to monitor and reply to the City’s ethics hotline. A progress update will be provided to the Grand Jury and Presiding Judge in September 2025.
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