November 21, 2000

Honorable Terrance Van Oss
Presiding Judge of the Unified Courts
County of San Joaquin
Courthouse
Stockton, California 95202

RE: GRAND JURY CASE #0500 - DEPUTY SHERIFFS' OVERTIME

Dear Judge Van Oss:

Pursuant to Section 933.05 of the California Penal Code, the following is in response to the Civil Grand Jury report, case #0500, Deputy Sheriffs' Overtime, dated November 2, 2000.

RECOMMENDATION #1: Duty Sergeants should be trained so all work schedules are completely filled in.

GRAND JURY FINDINGS AND CONCLUSION #1: Training has been provided to all Sergeants to insure complete duty rosters and work schedules are uniform and accurate. Training is an ongoing procedure with the department.

RESPONSE: The recommendation was fully implemented in March 1999. Training has been provided to all Sergeants to insure complete duty rosters and work schedules are uniform and accurate. The Sheriff's Department agrees with this recommendation and finding, as it has been an ongoing practice and procedure that will continue. The Sheriff's Department overtime policy and procedure has continually been evaluated and updated. The most recent update, August 1, 2000, was implemented prior to the current Grand Jury investigation.

RECOMMENDATION #2: Complete work schedules should be faxed from each facility to a central location in the Sheriff's Department for review by the Lieutenant on duty.

GRAND JURY FINDINGS AND CONCLUSION #2: The Captain in charge of Custody reviews all daily rosters to insure policy enforcement and compliance.

RESPONSE: The Sheriff's Department agrees with this recommendation and has implemented it with the following clarification: The Captain of Custody Division has directed the Lieutenants assigned to Custody Division to review all daily rosters and work schedules. Lieutenants must also formally approve each and every overtime request.

RECOMMENDATION #3: Work schedules should be computerized and made available to all supervisory and other appropriate Sheriff's Department personnel at workstations connected by a local area network (LAN) or on personal computers by modem.

GRAND JURY FINDINGS AND CONCLUSION #3: Due to lack of funding, this recommendation has yet to be implemented. The Sheriff reported funds have now been allocated, and this recommendation should be completed by spring 2001.

RESPONSE: The Sheriff's Department agrees with the finding of #3. The Custody Division work schedule is currently available on a monthly basis via the Sheriff's Department computer network to the majority of the divisions and supervisors within the Sheriff's Department. The final piece of network connection will be to all the supervisors within Custody Division. Funds have been allocated and the contract to complete the fiber optic wiring and LAN has been approved. The fiber optic wiring is now being installed. This greatly needed project will be completed and operational in early spring 2001.

Respectfully submitted,
BAXTER DUNN
Sheriff-Coroner