HomeMy WebLinkAboutMINUTES - 06192001 - C.132 C.132
THE BOARD OF SUPERVISORS OF
CONTRA COSTA COUNTY, CALIFORNIA
Adopted this Order on June 19, 2001, by the following vote:
AYES: Supervisors Gioia, Gerber, Glover and Uilkema
NOES: None
ABSENT: Supervisor DeSaulnier
ABSTAIN: None
ACCEPTED the Grand Jury report No. 0107, "Contra Costa County Capital
Facilities, Design and Construction of Capital Facilities", and REFERRED
to the County Administrator.
I hereby certify that this is a true and correct copy of
an action taken and entered on the minutes of the
Board of Supervisors on the date shown.
Attested: June 19,2001
John Sweeten,Clerk of the Board
of Supervisors and County Administrator
By:
bM44& ,G
Deputy Clerk
Grand Jur 725 Court Street
v . Contra P.O. Box 911
Costa Martinez, CA 94553-0091
County
June 13, 2001
Board of Supervisors
651 Pine Street, 1 st Floor
Martinez, CA 94553
Re: Report No. 0107
Dear Board of Supervisors:
Attached is Contra Costa County Grand Jury Report No. 0107 for your information. No
response is required.
CAROL THEWS, Foreman
1999-00 Contra Costa County Grand Jury
CW:
Enclosure
A REPORT BY
THC 2000-01 CONTRA.COSTA COUNTY GRAND JURY
725 Court Street
Martinez, California 94553
ReportNo. 0107 .
CONTRA COSTA COUNTY CAPITAL FACILITIES
DESIGN AND CONSTRUCTION OF CAPITAL FACILITIES
APPROVED BY THE GRAND JURY:
Date: o CJ
CAROL TI iWS
GRAND JURY FOREMAN
ACCEPTED FOR FILING:.
Date:
7, ,70o(
MICHAEL R. COLEMAN
JUDGE OF THE SUPERIOR COURT
y.
CONTRA COSTA COUNTY REPORT NO. 0107
Contra Costa County Capital Facilities
Design and Construction of Capital Facilities
BACKGROUND
Design and construction of small and medium sized capital facilities for the County are managed
either directly by the Architectural Division of the General Services Department or by using
professional contract services where the in-house capabilities of the Division are exceeded.
Large capital projects are directly managed by the County Administrator's Office (CAO). Over
the past 15 years, the CAO has utilized one project management firm almost exclusively.
FINDINGS
1. Responsibility for managing the selection, negotiation and supervision of
architecture, design, construction and project management contracts is divided
between the Architectural Services Division of the General Services Department
and the County Administrator's Office. If a capital.facility is thought to be too
large for the Architectural Services Division to handle, the County Administrator
assigns responsibility for the accomplishment of the architecture, design and
construction to one of his immediate staff.
2. For small and medium sized projects, the Architectural Services Division is
responsible for designing, constructing, remodeling and managing new capital
construction and alteration projects, using contract services where in-house
capabilities are insufficient.
3. For large projects, the County often uses contract services of Project Management
firms. These firms provide a full range of services from development of facility
concept, detailed engineering and architectural design, preparation of construction
contract bid documents and management of construction.
4. The Architectural Services Division, through public advertisement, normally
solicits interest in contracts for architectural and engineering design of facilities.
Selection of a specific firm to execute the contract is normally then made through
a review and interview process by a County committee of knowledgeable persons
and a contract is then negotiated with the selected firm, normally on a firm fixed-
price basis.
5. The County Administrator's Office sometimes conducts a formal solicitation of
interest in Project Management contracts similarly to that done for architectural
contracts. Most of the times, these Project Management contracts are given to the
same firm without seeking interest or competition from other qualified firms.
6. The processes used in the selection of a successful firm for Project Management
contracts differs between the two offices responsible for the activity. The
Architectural Services Division follows a process of obtaining a list of interested
firms, selecting one firm by a committee of key County personnel, negotiating a
contract with that firm and managing the activities and performance of that firm
by qualified architects. However, the County Administrator's Office repeatedly
selects the same firm, negotiates a cost-reimbursable contract with that firm and
manages the firm's performance with its own staff. (Note: a cost-reimbursable
contract is defined as one in which the contractor is paid for services on the basis
of time spent on the project at pre-determined man-hour rates rather than a firm
fixed price.)
7. The County Administrator's Office has repeatedly hired one firm over the past 15
years for management of major projects. Contracts awarded to this firm over the
last eight and one-half years total approximately $8.5 million and include
consulting work on the new Martinez Health Center, the Juvenile Hall Tamalpais
Addition and the New Juvenile Hall. This firm has also been selected to manage
design and construction of the new Permit Center. No documentation exits
explaining the reasons for this repeated selection without a competitive process.
8. Documents from the Architectural Services Division describe the selection
process for individual projects. Other documents show unexplained departures
from the publicized process. In one instance, the initial solicitation of interest
was sent to 35 firms, resulting in 14 responses. The solicitation letter indicated
that a County committee would develop a short list of 6 "best qualified" firms for
further evaluation and discussion. The final list contained 7 firms.
9. The Architectural Services Division Selection Committee's documents for this
project showed that 6 of the 14 responding firms received the highest number of
votes by the committee and were listed as "best qualified." The 7th firm
appearing on this "best qualified" list received only a single vote. This firm
ultimately was awarded one of the contracts.
10. Contracts for architectural and engineering services are negotiated, both firm
fixed price and cost reimbursable. Most, if not all, Project Management contracts
are cost reimbursable. It is not known how the agreed upon fixed price or the
"payment limit" amount for cost reimburseable contracts were determined.
1 l. In one cost reimbursable contract, the contractor provided no substantiating
documentation supporting periodic contract payments. One contract payment
request identified the contractor's personnel along with the number of hours
worked in the intervening period and the corresponding man-hour rate for that
individual. No information was provided on work performed during this
2
intervening period nor any evaluation of actual versus scheduled progress on the
project. Validity of the payment request cannot be judged from this minimal data
submitted.
12. County audits of the contract performance and expenditures for cost reimbursable
contracts, normally a requirement on this type of contract, are not performed on
projects managed by either the County Administrator's Office or the Architectural
Division.
13 A performance Audit, directed by the County Administrator of the General
Services Department was conducted in 1998 by a team chaired by the County
Administrator's Office. The Audit report, dated November 2, 1998, is critical of
the performance and management of the Architectural Services Division
suggesting inadequate organization, poor supervision, lack of accountability and
initiative, poor coordination, and lack of training in project management skills.
Recommendations included hiring a General Services Department Deputy to
manage the Architectural Services Division along with several other units. The
audit stated that this Deputy should possess experience in architectural design and
capital project management.
14. County staff assigned to specific projects by the County Administrator are in
career fields unrelated to architecture, engineering and construction activities, but
yet are responsible for the design and construction management of major new
capital facilities projects.
15. No written County policy guidance, manuals or regulations governing the
procurement of professional engineering and project management contracts exits. .
CONCLUSIONS
1. The process for architecture, engineering, design and construction of County
capital improvements appears to be poorly managed. The Architectural Services
Division, charged with the responsibility for these activities, has not been able to
perform because of a lack of qualified personnel. The result has been to add
specific project management responsibilities to the County Administrator's
Office. This gets the job done but at uncertain costs and questions the County's
reputation for equitable distribution of available project management work.
2. Continuous use of one project management firm for large contracts, combined
with the use of cost reimbursable contracts, inadequate periodic billing
documentation and lack of contract audits creates the potential for irregularities in
contract performance and payments.
3
3. The"payment limit" amount contained in cost reimbursable contracts is
considered to be the cost controlling mechanism by itself, but it certainly does not
lend to productivity or.initiative. This is particularly true when the "payment
limit" amount is normally the same as the firm's proposal.
4. The recommendations of the Performance Audit of the General Services
Department sought to strengthen the management and performance capability of
the Architectural Services.Division to enable it to do the job it is assigned. Very
few of the recommendations therein relating to the Architectural Services
Division appear to have been implemented. Instead, the County,continues to
allow responsibilities for project management to be split, resulting in the
divergent and distorted processes it now experiences.
5. The current system of project management procurement for large projects allows
for selection of the firm, contract negotiations, contract performance management
and authorization of payments to be performed without adequate checks and
balances.
6. The reason for relieving the Architectural Services Division of the responsibility
for numerous major capital improvement projects was the Division's limited
capabilities. It is noted that this limited capability was replaced with staff from
the County Administrator's Office. One or.more qualified persons could have
been added to the Architectural Services Division office instead to perform this
function.
RECOMMENDATIONS
The 2000-2001 Contra Costa Grand Jury recommends that the Contra Costa County
Administrator:
1. Develop standardized and uniform County regulations prescribing required
processes for procuring engineering and design services by contract, to include: .
a. selection of firms, type of contract to use and negotiation of
contract scope and price, specifically identifying the requirements
justifying repeated use of one firm.
b. written documentation requirements to include explanation for any
divergence from the regulation requirements.
2. Develop County regulations prescribing required processes and standards for cost
reimbursable contracts, to include:
a. detailed project schedule by major component of work.
4
b. amount of supporting information to be provided with periodic
payment requests.
C. requirements for periodic County audits.
3. Re-evaluate the November 2, 1998 Performance Audit of the General Services
Department with a view toward strengthening the Architectural Services Division
so it can perform the County's total design and construction management function
by December 2002.
J
5
Grand Jury Contra C. OX 725 Court Street
�+ P.O.Box 911
Cotta Martinez, CA 94553-0091
County
5� L
June 7, 2001 RECEIVED
.y
Srq C'f)UN'�
JUN 0:7. 2001
John Sweeten
CLERKBOARD
OF SUPER
County Administrator CONTRA C STACO.ISORS
651 Pine Street, 11 th Floor
Martinez, CA 94553
Dear Mr. Sweeten:
Attached is a copy of Grand Jury Report No. 0107, "Contra Costa County Capital Facilities,
Design and Construction of Capital Facilities" prepared by the 2000-2001 Contra Costa Grand
Jury.
In accordance with California Penal Code Section 933.05, this report is being provided to you at
least two working days before it is released publicly.
Section 933.5(a) of the California Government Code requires that (the responding person or
entity shall report one of the following actions) in respect to each finding:
(1) "The respondent agrees with the finding."
(2) "The respondent disagrees with the finding."
(3) "The respondent partially disagrees with the finding."
In the cases of both (2) and (3) above, the respondent shall specify the portion of the finding that
is disputed, and shall include an explanation of the reasons therefor.
In addition; Section 933.05(b) requires that the respondent reply to each recommendation by
stating one of the following actions:
1. The recommendation has been implemented, with a summary describing the
implemented action.
2. The recommendation has not yet been implemented, but will be implemented in the
future, with a time frame for implementation.
3. The recommendation requires further analysis. This response should explain the scope
and parameters of the analysis or study, and a time frame for the matter to be prepared for
discussion. This time frame shall not exceed six months from the date of the publication
of the Grand Jury Report.
John Sweeten
June 7, 2001
Page 2
4. The recommendation will not be implemented because it is not warranted or is not
reasonable, with an explanation thereof.
Please be reminded that Section 933.05 specifies that no officer, agency, department or
governing body of a public agency shall disclose any contents of the report prior to its public
release. Please insure that your response to the above noted Grand Jury report includes the
mandated items. We will expect your response, using the form described by the quoted
Government Code, no later than September 5, 2001.
To aid you in responding to this report, we have attached a.copy of "Guidelines for Responding
to a Grand Jury Report." Failure to conform to these requirements could result in your having to
resubmit your response. You are also advised that your response becomes a public record upon
receipt by the Presiding Judge of the Superior Court.
Sincerely,
CAROL THEWS, Foreman
2000-2001 Contra Costa County Civil Grand Jury
CW:
Enclosures
A REPORT BY
THE 2000-01 CONTRA COSTA COUNTY GRAND JURY
725 Court Street
Martinez, California 94553
Report No. 0107
CONTRA COSTA COUNTY CAPITAL FACILITIES
DESIGN AND CONSTRUCTION OF CAPITAL FACILITIES
APPROVED BY THE GRAND JURY:
CJ `i
Date: �2
CAROL TFWWS
GRAND JURY FOREMAN
ACCEPTED FOR FILING:
Date: 7` zoo
MICHAEL R. COLEMAN
JUDGE OF THE SUPERIOR COURT
SECTION 933.(C) & 933.05 STANDARD CALIFORNIA CODE
Section 933. Comments and Reports on Grand Ju rti (4)The recommendation will not be implemented
Recommendations because:it is not warranted or is not reasonable,with an
explanation therefor.
(c)No later than 90 days after the grand jury
submits a final report on the operations of any public (c)However,if a finding or recommendation of
agency subject to its reviewing authority,the governing the grand jury addresses budgetary or personnel matters of
body of the public agency shall comment to the presiding. a counh-agency or department headed by an elected
judge of the superior court on the findings and officer,.both the agency or department head and the board .
recommendations pertaining to matters under the control of of supervisors shall respond if requested by the grand jury,
the governing body,and every elected county officer or but the response of the board of supervisors shall address
agency head for which the grand jury has responsibility only those budgetary or personnel matters over which it has
pursuant to Section 914.1 shall comment within 60 days to some decision making authority. The response of the
the presiding judge of the superior court,with an elected agency or department head shall address all aspects
information copy sent to the board of supervisors,on the of the findings or recommendations affecting his or her
findings and recommendations pertaining to matters under agency or department.
the control of that county officer or agency head and any
agency or agencies which that officer or agency had (d)A grand jury may request a subject person or
i supervises or controls. In any city and county,the mayor entity to come before the grand jury for the purpose of
shall also comment ort the findings and recommendations. reading end discussing the findings of the grand jury report
All of these comments and reports shall forthwith be that relates to that person or entity in order to verify the
submitted to the presiding judge of the superior court who accuracy of the findings prior to their release.
impaneled the grand jury. A copy of all responses to grand
jury reports shall be placed on file with the clerk of the (e)During an investigation,the grand jury shall
public agency and the office of thc.county clerk,or the meet with the subject of that investigation regarding the
mayor when applicable,and shall remain on file in those investigation,unless the court,either ort its own
offices. One copy shall be placed on file with the determination or upon request of the foreperson of the
I applicable grand jury final report by,and in the control of grand jur✓,determines that such a meeting would be
the currently impaneled grand jury,where it shall be detrimental.
maintained for a minimum of five years.Leg.H.1961 ch.
1284, 1963 ch.674. 1974 clts.393,1396, 1977 chs. 107, (f)A grand jury shall provide to the affected
187, 1980 ch.543,1.981.ch.203,1982 ch. 1408,1985 ch. agency a ropy of the portion of the grand jury report
221, 1987 ch.690; 1988 ch. 1297,-1997 eh.443;-1988 ch. relating to that person or entity two working days prior to
230. its ublic;.-elease and after the approval of the presidia
P PI g
judge. No officer,agency,department,or governing body
Section 933.05(Parlrun Respohse to Graild'Jttry of a public;agency shall disclose any contents of the report
Recommendations-Content Requirements... prior to th-,public release of the final report.
I i ..•.--•-•�-.--(a)•I�ervpurpescs•of subdivisiori�bj%of'Se�jari•
i 933,as to each grand jury finding,the responding person.or
entity shall indicate one ojthe following: c
„.>-._....�.._....(.1).TlterespDndcrtt.agrees..wittt..the:finding..•-;.=
I
(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 arid shall include
w.I an-explanation of tltcxeasons therefor.
I,
j (b)For purposes of subdivision(b)of Section
j 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,
jwith a summary regarding the implemented action.
(2)The recommendation has not;.yet.beeff
implemented,but will be implemented in the future,with a
timeframe for implementation.
I
I . (3)The recommendations 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
I 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.
i
I
CONTRA COSTA COUNTY REPORT NO. 0107
Contra Costa County Capital Facilities
Design and Construction of Capital Facilities
BACKGROUND
Design and construction of small and medium sized capital facilities for the County are managed
either directly by the Architectural Division of the General Services Department or by using
professional contract services where the in-house capabilities of the Division are exceeded.
Large capital projects are directly managed by the County Administrator's Office (CAO). Over
the past 15 years, the CAO has utilized one project management firm almost exclusively.
FINDINGS
1. Responsibility for managing the selection, negotiation and supervision of
architecture, design, construction and project management contracts is divided
between the Architectural Services Division of the General Services Department
and the County Administrator's Office. If a capital facility is thought to be too
large for the Architectural Services Division to handle, the County Administrator
assigns responsibility for the accomplishment of the architecture, design and
construction to one of his immediate staff.
2. For small and medium sized projects, the Architectural Services Division is
responsible for designing, constructing, remodeling and managing new capital
construction and alteration projects, using contract services where in-house
capabilities are insufficient.
3. For large projects, the County often uses contract services of Project Management
firms. These firms provide a full range of services from development of facility
concept, detailed engineering and architectural design, preparation of construction
contract bid documents and-management of construction.
4. The Architectural Services Division, through public advertisement, normally
solicits interest in contracts for architectural and engineering design of facilities.
Selection of a specific firm to execute the contract is normally then made through
a review and interview process by a County committee of knowledgeable persons
and a contract is then negotiated with the selected firm, normally on a firm fixed-
price basis.
5. The County Administrator's Office sometimes conducts a formal solicitation of
interest in Project Management contracts similarly to that done for architectural
contracts. Most of the times, these Project Management contracts are given to the
same firm without seeking interest or competition from other qualified firms.
6. The processes used in the selection of a successful firm for Project Management
contracts differs between the two offices responsible for the activity. The
Architectural Services Division follows a process of obtaining a list of interested
firms, selecting one firm by a committee of key County personnel, negotiating a
contract with that firm and managing the activities and performance of that firm
by qualified architects. However, the County Administrator's Office repeatedly
selects the same firm, negotiates a cost-reimbursable contract with that firm and
manages the firm's performance with its own staff. (Note: a cost-reimbursable
contract is defined as one in which the contractor is paid for services on the basis
of time spent on the project at pre-determined man-hour rates rather than a firm
fixed price.)
7. The County Administrator's Office has repeatedly hired one firm over the past 15
years for management of major projects. Contracts awarded to this firm over the
last eight and one-half years total approximately $8.5 million and include
consulting work on the new Martinez Health Center, the Juvenile Hall Tamalpais
Addition and the New Juvenile Hall. This firm has also been selected to manage
design and construction of the new Permit Center. No documentation exits
explaining the reasons for this repeated selection without a competitive process.
8. Documents from the Architectural Services Division describe the selection
process for individual projects. Other documents show unexplained departures
from the publicized process. In one instance, the initial solicitation of interest
was sent to 35 firms, resulting in 14 responses. The solicitation letter indicated
that a County committee would develop a short list of 6 "best qualified" firms for
further evaluation and discussion. The final list contained 7 firms.
9. The Architectural Services Division Selection Committee's documents for this
project showed that 6 of the 14 responding firms received the highest number of
votes by the committee and were listed as"best qualified." The 7th firm
appearing on this"best qualified" list received only a single vote. This firm
ultimately was awarded one of the contracts.
10. Contracts for architectural and engineering services are negotiated, both firm
fixed price and cost reimbursable. Most, if not all, Project Management contracts
are cost reimbursable. It is not known how the agreed upon fixed price or the
"payment limit" amount for cost reimburseable contracts were determined.
11. In one cost reimbursable contract, the contractor provided no substantiating
documentation supporting periodic contract payments. One contract payment
request identified the contractor's personnel along with the number of hours
worked in the intervening period and the corresponding man-hour rate for that
individual. No information was provided on work performed during this
2
intervening period nor any evaluation of actual versus scheduled progress on the
project. Validity of the payment request cannot be judged from this minimal data
submitted.
12. County audits of the contract performance and expenditures for cost reimbursable
contracts, normally a requirement on this type of contract, are not performed on
projects managed by either the County Administrator's Office or the Architectural
Division.
13. A performance Audit, directed by the County Administrator of the General
Services Department was conducted in 1998 by a team chaired by the County
Administrator's Office. The Audit report, dated November 2, 1998, is critical of
the performance and management of the Architectural Services Division
suggesting inadequate organization, poor supervision, lack of accountability and
initiative, poor coordination, and lack of training in project management skills.
Recommendations included hiring a General Services Department Deputy to
manage the Architectural Services Division along with several other units. The
audit stated that this Deputy should possess experience in architectural design and
capital project management.
14. County staff assigned to specific projects by the County Administrator are in
career fields unrelated to architecture, engineering and construction activities, but
yet are responsible for the design and construction management of major new
capital facilities projects.
15. No written County policy guidance, manuals or regulations governing the
procurement of professional engineering and project management contracts exits.
CONCLUSIONS
1. The process for architecture, engineering, design and construction of County
capital improvements appears to be poorly managed. The Architectural Services
Division, charged with the responsibility for these activities, has not been able to
perform because of a lack of qualified personnel. The result has been to add
specific project management responsibilities to the County Administrator's
Office. This gets the job done but at uncertain costs and questions the County's
reputation for equitable distribution of available project management work.
2. Continuous use of one project management firm for large contracts, combined
with the use of cost reimbursable contracts, inadequate periodic billing
documentation and lack of contract audits creates the potential for irregularities in
contract performance and payments.
3
3. The"payment limit" amount contained in cost reimbursable contracts is
considered to be the cost controlling mechanism by itself, but it certainly does not
lend to productivity or initiative. This is particularly true when the"payment
limit" amount is normally the same as the firm's proposal.
4. The recommendations of the Performance Audit of the General Services
Department sought to strengthen the management and performance capability of
the Architectural Services Division to enable it to do the job it is assigned. Very
few of the recommendations therein relating to the Architectural Services
Division appear to have been implemented. Instead, the County continues to
allow responsibilities for project management to be split, resulting in the
divergent and distorted processes it now experiences.
5. The current system of project management procurement for large projects allows
for selection of the firm, contract negotiations, contract performance management
and authorization of payments to be performed without adequate checks and
balances.
6. The reason for relieving the Architectural Services Division of the responsibility
for numerous major capital improvement projects was the Division's limited
capabilities. It is noted that this limited capability was replaced with staff from
the County Administrator's Office. One or more qualified persons could have
been added to the Architectural Services Division office instead to perform this
function.
RECOMMENDATIONS
The 2000-2001 Contra Costa Grand Jury recommends that the Contra Costa County
Administrator:
1. Develop standardized and uniform County regulations prescribing required
processes for procuring engineering and design services by contract, to include: .
a. selection of firms, type of contract to use and negotiation of
contract scope and price, specifically identifying the requirements
justifying repeated use of one firm.
b. written documentation requirements to include explanation for any
divergence from the regulation requirements.
2. Develop County regulations prescribing required processes and standards for cost
reimbursable contracts, to include:
a. detailed project schedule by major component of work.
4
b. amount of supporting information to be provided with periodic
payment requests.
C. requirements for periodic County audits.
3. Re-evaluate the November 2, 1998 Performance Audit of the General Services
Department with a view toward strengthening the Architectural Services Division
so it can perform the County's total design and construction management function
by December 2002.
5
GUIDELINES FOR RESPONDING TO A GRAND JURY REPORT
Penal Code section 933.05 governs how to respond to a Grand Jury Report. Any response not in
compliance with section 933.05 will be returned by the Grand Jury for revision. To help you
avoid having to revise your response to comply with section 933.05, the Grand Jury provides the
following guidelines.
Grand Jury reports include Findings and the Recommendations. Penal Code section 933.05
requires you to respond to each Finding and each Recommendation.
1. You are required to respond to each FINDING in one of the following three ways:
1) Agree with the finding. No further explanation is required.
2) Wholly disagree with the finding. The reasons for your dispute must be
explained.
3) Partially disagree with the finding. The portion disputed must be specified.
The reasons for your dispute must be explained.
Note the following examples of acceptable responses:
Example 1:
Finding: The [agency] employs 208 workers and has offices in
three areas of Contra Costa County.
Response: Agree.
Example 2:
Finding: The [agency] owns the building and the surrounding
land.
Response: Wholly disagree. The [agency] leases the building
and the surrounding land. [Another entity] owns the
building and surrounding land.
Example 3:
Finding: All employees are required to attend training
seminars every year to keep current on changing
laws.
Response. Partially disagree. All employees but supervisors are
required to attend training seminars every year.
Supervisors are required to attend training seminars
once every two years.
2. You are required to respond to each RECOMMENDATION in one of the
following four ways:
1) The recommendation has been implemented. A summary of the implemented
action must be stated.
2) The recommendation has not yet been implemented, but will be implemented
in the future. A time frame for implementation must be stated.
3) The recommendation requires further analysis. An explanation, the scope,
and the parameters of the future analysis or study must be set forth. The time
frame for preparation of the matter for discussion (including by applicable
governing bodies) must be stated. The time frame may not exceed six months
from the date of the publication of the Grand Jury report.
4. The recommendation will not be implemented because it is not warranted
and/or not reasonable. The reasons for not implementing the recommendation
must be explained.
Note the following examples of acceptable responses:
Example 1:
Recommendation: Yearly training should be made mandatory for
all employees.
Response: The recommendation has been implemented.
Last month, this [agency] adopted and
distributed new written policy requiring yearly
training for all employees.
Example 2:
Recommendation: The [agency] should hire additional bilingual
employees.
Response: The recommendation has not yet been
implemented, but will be implemented. The
[agency] is currently interviewing employment
applicants who are bilingual. We expect to
extend employment offers to two such
.,
a
applicants by the end of the current month.
Assuming the employment offers will be
accepted, this will bring the total of bilingual
employees to seven.
Example 3:
Recommendation: The [agency] should implement security
measures for the protection of staff and clients
during nighttime hours.
Response: The recommendation requires further analysis.
The [agency] has begun a study of the
feasibility of providing nighttime security. The
study is analyzing our security needs, the use
of security guards versus security systems, the
costs involved, and the potential sources of
funding. We will complete the study by the end
of this month and it will be discussed and acted
upon by the end of next month.
Example 4:
Recommendation: The [agency] should acquire the property north
of the current parking lot to provide additional
parking for staff and clients.
Response:. The recommendation will not be implemented
because it is not warranted or reasonable. The
property north of the current parking lot is not
for sale. The property is owned by [another
agency] that plans to begin construction of an
office building on the site in the next two
months. However, we are currently negotiating
our purchase of the property east of the current
parking lot to provide additional parking for
staff and clients.