HomeMy WebLinkAbout13 - Response to the Recommendations of the Orange County Grand Jury Report "Protecting Those Who Protect and Serve"Q �EwPpRT
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CITY OF
NEWPORT BEACH
City Council Staff Report
TO:
FROM:
PREPARED BY:
PHONE:
TITLE:
ABSTRACT:
September 8, 2020
Agenda Item No. 13
HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
Jon Lewis, Chief of Police - 949-644-3701, jlewis@nbpd.org
Joe Cartwright, Lieutenant, jcartwright@nbpd.org
949-644-3710
Response to the Recommendations of the Orange County Grand
Jury Report "Protecting Those Who Protect and Serve"
The Orange County Grand Jury released a report entitled "Protecting Those Who Protect
and Serve". The City has an opportunity to respond to the report. The Police Department
requests City Council approval of the attached response and authorize the Mayor to sign
the letter.
RECOMMENDATION:
a) Determine this action is exempt from the California Environmental Quality Act (CEQA)
pursuant to Sections 15060(c)(2) and 15060(c)(3) of the CEQA Guidelines because
this action will not result in a physical change to the environment, directly or indirectly-,
and
b) Approve and send the attached response.
FUNDING REQUIREMENTS:
There is no fiscal impact related to this item.
DISCUSSION:
On June 30, 2020, the Orange County Grand Jury (OCGJ) released a 2019-2020 report
(attached herein) entitled "Protecting Those Who Protect and Serve", an analysis of
whether law enforcement agencies within Orange County, California maintain programs
to ensure the mental wellbeing of their Peace Officers. As part of that analysis, the
Newport Beach Police Department's Peer Support Program was thoroughly examined
against a list of industry best standards. It was determined the NBPD Program agreed —
and was in compliance with — all OCGJ recommendations, with the exception of one item
(Recommendation R4: The 2019-2020 Orange County Grand Jury recommends that all
law enforcement agencies allocate a specific budget line item for their Peer Support
Program).
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Response to the Recommendations of the Orange County Grand Jury Report
"Protecting Those Who Protect and Serve"
September 8, 2020
Page 2
With the approval of the City Manager and City Council, the attached Response to the
Orange County Grand Jury Recommendations for the Newport Beach Police Department
can be forwarded to the OCGJ by the required due date of September 28, 2020. The
recommended budget line item can be further discussed and implemented during the
FY 2021-22 budget process. If approved by the City Manager and City Council, this line
item would be funded on July 1, 2021.
ENVIRONMENTAL REVIEW:
Staff recommends the City Council find this action is not subject to the California
Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) (the activity will not
result in a direct or reasonably foreseeable indirect physical change in the environment)
and 15060(c)(3) (the activity is not a project as defined in Section 15378) of the CEQA
Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no
potential for resulting in physical change to the environment, directly or indirectly.
NOTICING:
The agenda item has been noticed according to the Brown Act (72 hours in advance of
the meeting at which the City Council considers the item).
ATTACHMENTS:
Attachment A —Orange County Grand Jury Report: Protecting Those Who Protect and
Serve
Attachment B — Response to the Orange County Grand Jury Recommendations for the
Newport Beach Police Department
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Protecting Those Who Protect and Serve
GRAND JURY 2019-2020
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TABLE OF CONTENTS
SUMMARY...................................................................................................................................1
REASON FOR THE STUDY......................................................................................................1
METHODOF STUDY................................................................................................................. 2
BACKGROUND AND FACTS................................................................................................... 3
Peer Support Programs -Help is Here..................................................................................... 4
OrangeCounty Peer Support Programs................................................................................. 5
PeerSupport Provided.............................................................................................................. 6
Acceptance of Peer Support Programs................................................................................... 6
Awareness of Peer Support Programs.................................................................................... 7
Selecting Peer Support Team Members.................................................................................. 7
TrainingPeer Support Team Members.................................................................................. 8
Protection of Confidential Communications.......................................................................... 8
PeerSupport Funding............................................................................................................... 9
FINDINGS...................................................................................................................................11
RECOMMENDATIONS............................................................................................................
11
COMMENDATIONS.................................................................................................................
12
Peer Support Programs.........................................................................................................
12
Community Outreach Programs............................................................................................
12
RESPONSES...............................................................................................................................12
ResponsesRequired................................................................................................................
14
Findings.................................................................................................................................
14
Recommendations..................................................................................................................
14
GLOSSARY.................................................................................................................................15
FIGURES
Figure 1. Law Enforcement Agencies in Orange County Investigated ......................................... 3
Figure 2. Top Causes of Stress...................................................................................................... 4
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SUMMARY
The citizens of Orange County are protected by over 4,500 sworn law enforcement personnel
from the Orange County Sheriff's Department (OCSD) and law enforcement agencies from the
twenty-one cities that have their own police departments. Although every job has varying
degrees of stress, law enforcement is one of the most stressful occupations in the country.
During its investigation, the Grand Jury learned that public perception of law enforcement
personnel is the leading cause of stress. In the aftermath of George Floyd's untimely death,
public perception of law enforcement has markedly worsened and with it, the climate under
which law enforcement personnel must protect and serve the citizens of Orange County.
Recognizing the impacts of stress on one's physical and mental health, both federal and state
legislation was enacted in 2019 to address law enforcement mental health. In acknowledgement
of the importance of peer support programs for Peace Officers, last year the California legislature
unanimously passed (79-0) Assembly Bill -1117: Peace officers: peer support.' It was codified in
California Government Code §§ 8669.1-8669.7, Law Enforcement Peer Support and Crisis
Referral Services Program and became effective on January 1, 2020. Peer support services are
available to listen, support, refer, and assist employees and family during difficult times in their
personal and professional lives.
As there are many peer support groups for various occupations, the 2019-2020 Orange County
Grand Jury sought to investigate the availability of those programs in the law enforcement
agencies that serve the citizens of Orange County. Today, all but four law enforcement agencies
in Orange County have established peer support programs with written policies.
The Orange County Grand Jury interviewed representatives of the OCSD and all city police
agencies in Orange County. Although it was difficult to quantify the effectiveness of Peer
Support Programs due to confidentiality concerns, the Grand Jury learned that law enforcement
representatives are generally supportive of the program.
This report will focus on the importance of providing formal Peer Support Programs in all law
enforcement agencies in Orange County to help manage stress inherent in law enforcement.
REASON FOR THE STUDY
It is common knowledge that law enforcement personnel (defined in statute and hereafter as
Peace Officers)Z have a stressful job. They are subjected to tragic situations and occurrences not
normally experienced by the general public. These stress -inducing experiences can affect a
1 https://le ing fo.legislature.ca.gov/faces/billStatusClient.xhtml?bill_id=201920200AB1117
2 Cal. Penal Code § 830.1(a)
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Peace Officer's performance on the job, as well as relationships off the job. For Peace Officers
to be effective, focused and fully engaged, they must be provided with safety nets to support
their own mental health and wellbeing. One consideration is a program to assist Peace Officers
in coping with the stress of their profession. This study was undertaken to determine whether
law enforcement agencies within Orange County, California, maintain programs to ensure the
mental wellbeing of its Peace Officers. In addition, the Grand Jury undertook to review the
variety of programs that are currently in place throughout the many agencies, and to recommend
implementation of peer support and wellbeing programs to those agencies currently without
them.
METHOD OF STUDY
In conducting its investigation, the 2019-2020 Orange County Grand Jury interviewed 41 Peace
Officers, including representatives from each law enforcement agency, and selected
representatives from each agency's Peace Officers association. The Grand Jury's investigations
was limited to the law enforcement agencies identified in Figure I and did not include others
such as the harbor patrols, universities, and other police agencies with specific assignments.
Additionally, an extensive online review and document research in the area of stress of Peace
Officers was conducted. The effectiveness of peer support programs to support these Peace
Officers was also evaluated.
The Grand Jury also interviewed a leading expert on Peer Support Programs, who provided
invaluable information for its investigation.
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Anaheim
La Palma
t
ORANGE COUNWDEPARTMENT
Also Viejo
Brea
Laguna Beach
Darn Point
Buena Park
Los Alamitos
Laguna Hills
Costa Mesa
Newport Beach
Laguna Niguel
Cypre_ss
Orange
Laguna Woods
Fountain Valley
Placentia
Lake Forest
Fullerton
Santa Ana
Mission view
Garden Grove
Seal Beach
Rancho Santa Margarita
Huntington Beach
Tustin
Sari Clemente
Irvine
Westminster
San Juan Ca p Istrano
La Habra
Stanton
Villa Paris
Yorba Linda
Uni ncorporated Areas. Q&2 de g2j& d,
Ranch, Las Flores, Rossmoor, Wagon Wheel
Canyon, Trabuoo Canyon, Rancho Mission
Viejo
Figure 1. Law Enforcement Agencies in Orange County Investigated
BACKGROUND AND FACTS
There are approximately 4,500 men and women in Orange County who have taken an oath to
protect and service the citizens of their respective municipalities, contracted cities, and
unincorporated areas. There are 21 city -operated law enforcement agencies and one regional, the
Orange County Sheriff's Department, which contracts with 13 cities and several unincorporated
areas to provide law enforcement services.
In the discharge of their duties, these Peace Officers routinely place their lives and wellbeing in
harm's way every time they go to work. When responding to a call, a Peace Officer seldom
knows what to expect. Many decisions a Peace Officer makes must be made quickly, decisively,
and instinctively based on their training. A Peace Officer may be responding to a call of
domestic violence, or a deceased person. Even worse, they may be responding to a call of a
crime committed against a child. There are Peace Officers in other equally stressful areas.
During multiple interviews, the Grand Jury learned that Peace Officers in Orange County
experience stress from many sources, including some not directly involved with law enforcement
activities. The most frequently cited cause of stress was a negative public perception of the
profession (See Figure 2). Peace Officers are acutely aware of negative perceptions from the
community, their neighbors, and the general public so much so that sometimes they feel
compelled not to disclose they work in law enforcement. Although the death of George Floyd
occurred long after the Grand Jury's interviews were complete, the mantras of "Defend the
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Police" and "I can't breathe" must resonate loudly in the ears of every Officer as he or she
ventures out in the community every day to protect and serve. This issue will likely have a
negative impact on future public perception of the police in general.
TOP CAUSES OF STRESS
(DC Sheriff's & City Polire Departments)
PUBLIC PERCEPTION i
i
LENGTH OF SHIFT
I
WORK LIFE BALANCE
I I
UNKNOWN RISKS
I I
INTERNAL POLITICS
I I
INCIDENTS INVOLVING CHILDREN
I
MANAGEMENT ISSUES
I
CHANGES IN LAVA
I
CR ITICAL I NCI DE NTS
i
It
0 2 4 6 8 10 12
Figure 2. Top Causes of Stress
Peer Support Programs -Help is Here
In law enforcement agencies, support for personnel was recognized and provided through
policies describing the procedures in a "Trauma Support Policy." Some of these included
aspects of what is now called peer support services. A California statute recognizes that "peer
support services assist those affected by a critical incident in coping with critical incident stress
and mitigating reactions to critical incident stress."3 The California Peer Support Association
defines peer support as follows:
Peer support is a process where a person discusses a personal issue with a non-
professional, usually a friend or a co-worker. A person will select a peer
support person primarily based upon trust. Most only share problems with
someone considered credible, able to listen without judgments and capable of
maintaining confidentiality. Peer support members have the responsibility to
understand their role and its limitations. They are trained to employ active
3 Cal. Government Code § 8669.3(g)
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listening skills, to avoid "solving" or taking on the person's problems, and when
appropriate, to refer the individual to professional resources.4
Orange County Peer Support Programs
Orange County law enforcement agencies offer various programs to support Peace Officers that
span the continuum of support, ranging from informal conversations with colleagues to formal
written policies.
• Orange County Association of Peer Supporters (OCAPS) provide support, training,
advisement, response and resources in the aftermath of a critical incident or traumatic
loss implicating law enforcement professional and families members in Orange County
and surrounding areas. Peer Support Team members of participating departments have
access to OCAPS resources.
• After an Officer Involved Shooting, Peace Officers must comply with their law
enforcement agency's policy. Most Officer Involved Shooting policies require three
days paid -time off, psychological counseling and clearance before returning to active
duty.
• After a Critical Incident (e.g. involving of a child), the agency chief may order a Peace
Officer to take time off with pay and may order the Peace Officer to go through
psychological counseling.
• Although an agency chief cannot order a Peace Officer to participate in a Peer Support
Program, Peace Officers are encouraged to avail themselves of peer support services.
• When the Peer Support Team member considers it appropriate, Peace Officers may be
referred to counseling by certified professionals through an Employee Assistance
Program (EAP), which are available to all personnel without a referral.
• Some law enforcement agencies have faith -based programs that involve chaplains to
support personnel in managing psychological and emotional reactions to traumatic
events and stress. Chaplains are often used to support peer support teams in critical
incident debriefings.
• Most law enforcement agencies report that informal peer support is always available to
Peace Officers, at their discretion and sense of need, to discuss troublesome events with
colleagues who know how these situations unfold and how to resolve them for the best;
this could be over a cup of coffee.
a https://www.califomiapeersupport.or age -303232
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Peer Support Provided
It is important to emphasize the Peer Support Program also provides crisis stress debriefings to
everyone involved in a critical incident. For example: in the case of an Officer Involved
Shooting, not only is the Peace Officer provided immediate support, support is also extended to
those involved with the 911 call. This includes the dispatcher taking the initial call and the crime
scene investigators witnessing the aftermath of the incident. The goal of debriefing after the
incident is to put everything into perspective by providing the big picture of the incident.
Debriefing can be a cathartic relief of anxiety for those who participate.
Peer support team members have also been known to help other agencies within and outside of
Orange County. The Grand Jury learned that in the case of the 2015 attack in San Bernardino
and the 2017 North Park Elementary School shooting, the Peer Support Team provide mutual aid
to their colleagues in the San Bernardino Sheriff's
Department.
Some agencies have written policies in place for many
years that address a peer support program that may need
to be revised to provide participants with the protections
of the new law. The bill AB 1117, defines a "peer
support team" as a law enforcement agency response
team composed of peer support team members. The bill
defines a "peer support team member" as a law
enforcement agency employee who has completed a peer
support training course or courses pursuant to Section
8669.6. Agency selection criteria of peer support team
members shall be incorporated into agency policies.
The Grand Jury learned that 18 Orange County law
enforcement agencies operate with written policies. The
remaining four have "ad hoc" peer support programs that
are not documented in a written policy.
Acceptance of Peer Support Programs
Law enforcement agency chiefs, or their representatives, were all very supportive of having a
Peer Support Program (PSP). 5 Several said that many long-time Peace Officers would probably
not use the Peer Support Program, as they were "old school," or were too "macho," subscribing
to the "suck -it -up" mentality of career veterans on the force. In contrast, younger Peace Officers
were more open to the program and embraced peer support efforts.
5 http://jackdigliani.com/uploads/3/4/5/l/34518973/peer support team survey report.pdf
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The major reason for the popularity of the program is the inclusion of one's peers. Peace
Officers feel that a fellow Peace Officer better understands them, whereas an outsider might be
less understanding of the duties and stresses specific to their profession.
The Grand Jury learned police associations in Orange County were very supportive of the Peer
Support Program, and encourage their members to utilize peer support when needed.
Peer Support Program is successful because it occupies a supporting niche that cannot be readily
duplicated by either health plan counseling or an Employee Assistance Program. The power of
the peer is the factor that is a constant in the support by peer support team members.
Some agencies, belong to the Orange County Association of Peer Supporters. This organization
provides regional support, training, promotion, response and resources in the aftermath of a
critical incident or traumatic loss impacting law enforcement personnel and family members in
Orange County and surrounding areas.
Awareness of Peer Support Programs
A variety of techniques are used by city -operated law enforcement agencies and the Orange
County Sheriff's Department to communicate the availability and to encourage the use of these
support systems. Following are some examples:
• Information included in home mailings, including paychecks
• Brochures and posters prominently displayed in the briefing and break rooms
• Information posted on the internal websites (intranet)
• Information included in the training curriculum for new Peace Officers
Selecting Peer Support Team Members
Those who assist Peace Officers in coping with stressful incidents become part of the "Peer
Support Team" and are commonly referred to as "Peer Support Team members" or "Peer
Supporters." They are current sworn and non -sworn personnel who have been selected based on
several criteria including but not limited to:
• Ability to maintain confidentiality
• Good communication and listening skills
• Genuinely care for the well-being of their peers
• Successful completion of required training
The new peer support statute states that agency selection of peer support members shall be
incorporated into agency policy.6
6 Cal. Gov. Code, Section 8669.30)
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During its investigation, the Grand Jury became aware of the compassionate nature of Peer
Support Team members, and that they are in jeopardy themselves for burn out through the
additional stress of coping with another person's problems. Team members may have a
tendency to internalize the crisis they are assisting their peers to resolve. In order for team
members to be effective Peer Supporters, some law enforcement agencies offered yearly
counseling sessions to assist in de -stressing team members.
A provision of the newly effective peer support statute, may assist with recruiting Peer Support
Team members. A provision in the law exempts peer support team members and their agencies
from any liability for damages related to performing peer support services except in cases of
gross negligence or intentional misconduct.' These protections mean a Peer Supporter cannot be
held liable if an officer responds to peer support with self -harm, property damage or other acts
causing damage or injury.8
To avail themselves of the benefit of the newly effective peer support statute, law enforcement
agencies must consult with an employee representative organization to develop and implement a
program created under this the statute.9
Training Peer Support Team Members
Becoming a Peer Support Team member is voluntary and attracts those personalities of those
who want to help others. Communication skills, especially listening and knowing when to
engage, are essential traits in a good Peer Supporter. Building trust quickly, strong observation
skills, sharing common experiences, and emphasizing the person's positive activities such as
cooking.
In order to become a member of a Peer Support Team, formal training is required. Training
generally consists of classes totalling 70-80 hours over a two-week period. The importance of
confidentiality is emphasized, as this is essential to the success of the program. New members
may be trained by fellow Peer Support Team members, but most go to seminars led by
counselling professionals. There are many educational seminars available throughout California
covering a wide variety of topics pertaining to peer support.
Protection of Confidential Communications
Peace Officers may be hesitant to use Peer Support Programs because they do not trust that what
they say to a peer will be kept confidential. Confidentiality for these communications is essential
7 Cal. Government Code § 8669.5
a State Coalition of Probation Organizations, New California Law Supports Local Agency Peer Support Programs,
www.scopo.org, accessed 6/14/2020
9 Cal. Government Code § 8669.2(c)
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to allow Peace Officers in crisis, whether from critical incidents or other trauma, to talk freely to
Peer Supporters without fear of embarrassment, disclosure or reprisal.lo
A Peer Support Program in which the team members have been trained in compliance with the
newly effective peer support addresses that problem by making communications between a
Peace Officer and Peer Support Team member confidential. A Peace Officer now has the right
to refuse to disclose those communications, and to prevent a peer counselor from disclosing he,
except in criminal proceedings, cases where the disclosure is necessary to prevent death or
substantial bodily harm, for purposes of referring the Peace Office to crisis services, and in other
limited circumstances. The confidentially provisions also apply to disclosure of confidential
communications to crisis hotline or crisis referral services in civil, administrative an arbitration
proceedings." These "authorized" Peer Support Programs address concerns that may make
Peace Officers reluctant to speak with others about their experiences.
To qualify for confidentiality protection, a Peer Support Team member must complete a training
course approved by the law enforcement agency including, but not limited to, the topics12 below:
• Pre -crisis education
• Critical incident stress defusing.
• Critical incident stress debriefing
• On -scene support services.
• One-on-one support services.
• Consultation.
• Referral services
• Confidentiality
• Impact of toxic stress on health and well-being
• Grief support
• Substance abuse awareness and approaches
• Active listening skills
• Stress management
• Psychological first aid.
Conversations with Peer Support Team members who have not completed a peer support training
course pursuant to the newly effective statute are not considered "confidential communications"
and may be disclosed during a civil, administrative or arbitration proceeding.
Peer Support Funding
During its investigation, the Grand Jury learned that only four law enforcement agencies allocate
a specific budget line item for Peer Support Program. A majority of all law enforcement
1° Cal. Government Code § 8669.2(c).
11 Cal. Government Code § 8669.4.
12 Cal. Government Code § 8669.6.
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agencies rely on their general operating budget to absorb the cost of peer support. The Grand
Jury learned that due to the lack of funding, some departments will send one team member to
formal training in order to conduct in-house training for other members. This practice of "Train
the Trainer" is how many team members receive training.
In light of the current rancor to "Defend the Police," Peer Support Programs are likely to take a
back seat to other funding priorities. By cruel coincidence, this is occurring at a time when the
need for peer support has never been greater.
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FINDINGS
In accordance with California Penal Code Sections §933 and §933.05, the 2019-2020 Grand Jury
requires responses from each agency affected by the findings presented in this section. The
responses are to be submitted to the Presiding Judge of the Superior Court.
Based on its investigation entitled "Protecting Those Who Protect and Serve," the 2019-2020
Orange County Grand Jury has arrived at six principal findings, as follows:
F1. Peer Support Programs are effective in helping Peace Officers develop healthy coping
techniques for themselves and their families.
F2. A written policy documenting each agency's Peer Support Program helps ensure the
program's continuation after changes in staff.
F3. The benefits in the peer support statute, effective January 1, 2020, are important to Peace
Officers and Peer Support Team members.
F4. It is important that Peer Support Team members receive periodic training.
F5. Allocating a specific budget line item for Peer Support Programs help ensure adequate
training and continuation of the programs.
F6. Continuous communication to Peace Officers about the Peer Support Programs is
important to increase awareness and use of the Peer Support Programs.
RECOMMENDATIONS
In accordance with California Penal Code Sections §933 and §933.05, the 2019-2020 Grand Jury
requires responses from each agency affected by the recommendations presented in this section.
The responses are to be submitted to the Presiding Judge of the Superior Court.
Based on its investigation described herein, the 2019-2020 Orange County Grand Jury makes the
following recommendations following four recommendations:
R1. The 2019-2020 Orange County Grand Jury recommends that that the four law
enforcement agencies without a written policy on their Peer Support Program institute a
policy. (171, 172)
R2. The 2019-2020 Orange County Grand Jury recommends that all Peer Support Programs
be in compliance with the peer support statute. (173)
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R3. The 2019-2020 Orange County Grand Jury recommends that Peer Support Team
members receive periodic training and that completion of training is documented. (F4)
R4. The 2019-2020 Orange County Grand Jury recommends that all law enforcement
agencies allocate a specific budget line item for their Peer Support Program. (175)
COMMENDATIONS
The Grand Jury commends the following law enforcement agencies for their robust programs of
peer support and community outreach to counter the public's negative perception of Peace
Officers, as well as its extraordinary efforts to ensure the mental health and wellbeing of its
Peace Officers, as well as the Peer Support Team Members:
Peer Support Programs
• Anaheim Police Department
• Laguna Beach Police Department
• Dr. Heather Williams, formerly with the Orange County Sheriff's Department, for her
invaluable contribution to peer support programs.
Community Outreach Programs
• Several city law enforcement agencies hold "Coffee with a Cop" at different locations
in their city.
• Westminster Police Department holds "Corvettes with a Cop."
• La Palma Police Department has "Checkout with a Cop."
• Garden Grove Police Department holds "Run with a Cop".
• Laguna Beach Police Department has a number of programs, i.e. "Hip Hop with a
Cop" at the high school and visits with the Boys and Girls Club.
RESPONSES
The following excerpts from the California Penal Code provide the requirements for public agencies
to respond to the Findings and Recommendations of this Grand Jury report:
§933
(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
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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.
933.05.
(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 ofpublication 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 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.
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()9 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.
(Amended by Stats. 1997, Ch. 443, Sec. 5. Effective January 1, 1998)
Responses Required
Comments to the Presiding Judge of the Superior Court in compliance with Penal Code §933.05 are
required from:
Findings
Orange County Sheriff -Coroner F1, F3, F4, F5, F6
City councils of the following cities: F2
Brea, Cypress, La Palma, Westminster
City councils of the following cities: F1, F3, F4, F5, F6
Anaheim, Brea, Buena Park, Costa Mesa, Cypress, Fountain
Valley, Fullerton, Garden Grove, Huntington Beach, Irvine, La
Habra, La Palma, Laguna Beach, Los Alamitos, Newport
Beach, Orange, Placentia, Santa Ana, Seal Beach, Tustin,
Westminster
Recommendations
Orange County Sheriff -Coroner R2, R3, R4
City councils of the following cities: R1
Brea, Cypress, La Palma, Westminster
City councils of the following cities: R2, R3, R4
Anaheim, Brea, Buena Park, Costa Mesa, Cypress, Fountain
Valley, Fullerton, Garden Grove, Huntington Beach, Irvine, La
Habra, La Palma, Laguna Beach, Los Alamitos, Newport
Beach, Orange, Placentia, Santa Ana, Seal Beach, Tustin,
Westminster
2019-2020 Orange County Grand Jury Page 14
13-18
Attachment A
Protecting Those Who Protect and Serve
GLOSSARY
A list of definitions for uncommon terms and acronyms is included here.
AB Assembly Bill
EAP Employee Assistance Program
OCAPS Orange County Association of Peer Supporters
OCSD Orange County Sheriff's Department
PSP Peer Support Program
2019-2020 Orange County Grand Jury Page 15
13-19
Mayor
Will O'Neill
Mayor Pro Tem
Brad Avery
Council Members
Joy Brenner
Diane Brooks Dixon
Marshall "Duffy' Duffield
Jeff Herdman
Kevin Muldoon
Attachment B
CITY OF NEWPORT BEACH
100 Civic Center Drive
Newport Beach, California 92660
949 644-3004 1949 644-3039 FAX
newportbeachca.gov
September 8, 2020
The Honorable Kirk H. Nakamura
Presiding Judge of the Orange County Superior Court
700 Civic Center Drive West
Santa Ana, CA 92701
SUBJECT: CITY OF NEWPORT BEACH RESPONSE TO THE
2019-2020 ORANGE COUNTY GRAND JURY
REPORT ENTITLED, "PROTECTING THOSE WHO
PROTECT AND SERVE."
Dear Judge Nakamura:
The City Council of the City of Newport Beach has authorized me to
submit the City's response to the 2019-2020 Orange County Grand
Jury report regarding the implementation of formal Peer Support
Programs in all law enforcement agencies in Orange County. In
accordance with the California Penal Code, the following response
addresses the Grand Jury Report findings and recommendations
pertaining to the City of Newport Beach.
Response to Finding F1, F3, F4, F5 and F6
Finding F1: Peer Support Programs are effective in helping
Peace Officers develop healthy coping techniques for
themselves and their families.
Response: The City of Newport Beach agrees with this finding as of
the June 30, 2020 Grand Jury Report.
Finding F3: The benefits in the peer support statute, effective
January 1, 2020, are important to Peace Officers and Peer
Support Team members.
Response: The City of Newport Beach agrees with this finding as of
the June 30, 2020 Grand Jury Report.
WW 13-20
Attachment B
Grand Jury Report: Protecting Those Who Protect and Serve
August 24, 2020
Page 2
Finding F4: It is important that Peer Support Team members receive periodic
training.
Response: The City of Newport Beach agrees with this finding as of the June 30,
2020 Grand Jury Report.
Finding F5: Allocating a specific budget line item for Peer Support Programs
help ensure adequate training and continuation of the program.
Response: The City of Newport Beach agrees with this finding as of the June 30,
2020 Grand Jury Report.
Finding F6: Continuous communication to Peace Officers about the Peer
Support Programs is important to increase awareness and use of the Peer
Support Programs.
Response: The City of Newport Beach agrees with this finding as of the June 30,
2020 Grand Jury Report.
Response to Recommendations R2, R3 and R4
Recommendation R2: The 2019-2020 Orange County Grand Jury recommends
that all Peer Support Programs be in compliance with the peer support statute.
Response: The City of Newport Beach has implemented this recommendation. The
Newport Beach Police Department policy manual provides guidelines with regard to
a Peer Support Team Program. The guidelines are in accordance with the recent
peer support statute (AB -1117).
Recommendation R3: The 2019-2020 Orange County Grand Jury recommends
that Peer Support Team members receive periodic training and that
completion of training is documented.
Response: The City of Newport Beach has implemented this recommendation. All
Peer Support Team members are required to attend a California POST certified
Basic Peer Support course which meets the requirements of the peer support
statute. Team members are also provided additional training in Critical Incident
Stress Management, as well as on-going training opportunities at the annual Public
Safety Peer Support Association (PSPSA) conference. All training documentation
and records are maintained in each employee's electronic training file, which is
maintained by the Personnel and Training Section of the Newport Beach Police
Department.
Recommendation R4: The 2019-2020 Orange County Grand Jury recommends
that all law enforcement agencies allocate a specific budget line item for their
Peer Support Program.
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Attachment B
Grand Jury Report: Protecting Those Who Protect and Serve
August 24, 2020
Page 3
Response: This recommendation has not yet been implemented, but will be
implemented in the future. A specific line item in the budget will be requested during
the FY22 budget process. If approved by the City Manager and City Council, this
line item would be funded on July 1, 2021.
The City of Newport Beach appreciates this opportunity to respond to the findings
and recommendations contained in the Orange County Grand Jury's report.
Sincerely,
Will O'Neill
Mayor, City of Newport Beach
cc: City Council
Orange County Grand Jury
13-22