The Orange County Grand Jury issued it's annual State of the Jails Report in June and, while giving the Sheriff's Department high marks for their operations, made several recommendations and asked for responses from the Sheriff and the Board of Supervisors.

The report said in part: "The overriding conclusion reached by the Grand Jury is that the Orange County jail system is well run and in good overall condition. The delivery of service continues to improve under new leadership and the morale of the jail staff is improving."

The Grand Jury found that the facilities are aging quickly, staff overtime remains a concern and the challenges for command and line staff are many. Still the Grand Jury said it applauds the work of the OCSD men and women and the HCA staff in operating a jail system that has no shortage of tests and challenges."

Sheriff Sandra Hutchens filed the Department's reponse on August 17 and the Board of Supervisors approved their response at today's Board Meeting.

To view the full grand jury report click here.

To view the Sheriff's response click here.

To view the response approved by the Board of Supervisors click here.

The Los Angeles Times is reporting this afternoon that the U.S. Department of Justice has launched a probe into the Orange County jail system. 

This probe was launched in December 2008. We have and will continue to cooperate with their investigation.

August 13, 2009 

U.S. Justice Department probes Orange County jails

The U.S. Department of Justice has launched an extensive investigation into Orange County’s jail system, which for more than a decade has been mired in allegations that sheriff's deputies mistreated inmates and used excessive force to keep control inside the county’s five jails, the Sheriff’s Department has confirmed to The Times.

The Justice Department is examining various cases to determine whether there is a pattern of Orange County violating the civil rights of inmates. Among the more recent cases, an inmate was stomped to death by fellow prisoners after a deputy erroneously told them he was child molester. A county grand jury later criticized the Sheriff's Department for trying to impede the investigation and concluded that there was evidence of rampant abuse at the Theo Lacy Jail in Orange.

The Orange County district attorney earlier this year criticized deputies for a "code of silence" that hampered prosecutors' ability to investigate possible criminal activities by jailers. In addition, the Sheriff's Department has come under fire for using Taser stun guns on handcuffed or restrained inmates. Two inmates died after being stunned, and new Sheriff Sandra Hutchens ended the practice earlier this year.

The investigation, which falls under the federal Civil Rights of Institutionalized Persons Act, has been underway for several months and may take more than a year to complete. If a pattern of misconduct is found, the Justice Department could seek a settlement or a court-ordered federal consent decree similar to the one brought against the Los Angeles Police Department after the Rampart corruption scandal. It took nearly a decade for the LAPD to have federal oversight lifted.

Orange County officials were not told why the investigation was initiated, and Justice Department officials would only confirm its existence. But the federal act outlines certain conditions that start such a process, among them whether the attorney general has reasonable cause to believe that people are being subject to “egregious or flagrant conditions which deprive” them of legal rights or causes them to “suffer grievous harm.”

—Tami Abdollah, reporting from Orange County 

The Justice Department's Bureau of Justice Statistics released figures this week on jail deaths in the country's largest local jails from 2000 to 2006. An analysis of the figures show that Orange County had the lowest rate of deaths per population of any of the nation's 30 largest institutions. The ranking and population of the jails is based on 2006 figures.

Assistant Sheriff Mike James said that federal statistics released earlier show that assaults, both inmate on inmate assaults and inmate on staff assaults, are also lower in the Orange County Jail than in other large facilities in the country.

Here are some of the statistics Chief James referred to:

The Orange County Jail System:Notable Statistics and Information  

 The Orange County Sheriff’s Department operates one of the 10 largest jails in the country (currently 8th, 12-6-06).

 Of the ten largest jail systems in America, the Orange County Jail (OCJ) System had the lowest suicide rate (1) for the reporting period (2000-2002)[1].

 The Suicide rate in the OCJ System was remarkably below the national average of 48 per 100,000 inmates/average daily population at a rate of 7 per 100,000 inmates/average daily population1.

 The OCJ System’s overall mortality rate (death by any cause) rated second lowest among the 50 largest jails in the nation; OCJ’s rate was 42 deaths per 100,000 inmates/average daily population.  By contrast, Baltimore, Maryland had a rate of 381 deaths per 100,000 inmates/average daily population – which included 9 suicides for a rate of 88 suicides per 100,000 inmates/average daily population1. 

 The OCJ System experienced an average of 1.1 inmate(s) on staff assaults per 100 inmates; the national average was 2.7 per 100 inmates2.

 The OCJ System experienced an average of 5.5 inmate(s) on inmate(s) assaults per 100 inmates; the national average is 10 per 100 inmates2.     

       The OCJ System operates with an incredibly low inmate to sworn staff ratio when compared to other jail systems throughout the nation.  According to calculations, the national average for inmate to total sworn staff ratio is 4.3:1; Orange County’s is 9.4:1 inmates to total sworn staff.  Even more remarkable is the inmate to on-duty staff ratio comparison.  The national average is approximately 14:1; Orange County’s is 34:1 inmates to on-duty sworn staff3.      

The first activity summary of the Orange County Office of Independent Review will be presented to the Board of Supervisors on Tuesday.  OIR Executive Director Stephen Connolly was appointed in September 2008. 

The OIR will also present a report on their review of complaints about security measures at the January 13, 2009 Board of Supervisors meeting. To see that report click: O00309-000839E.pdf (655.86 kb)

His activity report said that since he took the job he has established a protocol for reviewing the Orange County Sheriff's Department's disciplinary procedures.

"My role is to promote the proper level of investigation and responses to all cases by consulting with the Department from an informed and independent outside perspective," he said in his written report to the Board.

He has already reviewed close to 300 cases, ranging from "low-level discourtesy complaints to criminal misconduct resulting in discharge. They include allegations of excessive force, false reporting, obstruction of justice, domestic violence, racial profiling, improper detention, insubordination, failure to supervise, and various forms of harassment or mistreatment of inmates."

Director Connolly said, "While I have been impressed with the quality of most investigations-particularly the more serious ones-I have also had occasion to question the adequacy of the Department's investigative work in individual matters, and have been able to request further information-gathering and analysis.  My opportunity to discuss potential outcomes and to make recommendations has also resulted in adjustments to the Department's initial findings and determinations. I have also worked with the Department to suggest interventions outside the discipline process (counseling, training, briefing bulletins) as warranted by the circumstances of the case, and in an effort to promote a more holistic response by the Department."

To view the full report click: O00309-000839E.pdf (655.86 kb)

Steve Connolly, Executive Director of the Orange County Office of Independent Review talked to Mari Frank at KUCI about his role in overseeing the way in which the Sheriff's Department handles complaints against the Department and its members.  

 

The graduates are Lieutenant Adam Powell, Sergeant Daniel Elsner and Sergeant Gary Strachan.   

From the Police Officer Standards and Training Website:

Sherman Block Supervisory Leadership Institute  

The Sherman Block Supervisory Leadership Institute (SBSLI) is a program designed to stimulate personal growth, leadership, and ethical decision-making in California law enforcement front-line supervisors. Designed and implemented in 1988 through the efforts of California law enforcement professionals and top educators and trainers, the SBSLI is an intense program based on experiential learning techniques. Students are challenged to learn new ways to resolve issues through group and individual work.

The curriculum takes students through an analysis of management (planning, organizing, directing, etc.) and leadership (inspiring, challenging, developing, etc.) and how each discipline compliments the other. The course progresses from self-evaluation, to interpersonal evaluation, to organizational relationships.

During the program, a typical successful student develops the ability to:

Correlate the relationship between personal and organizational principles and values

Exercise greater leadership in personal and professional activities

Increase personal influence with individuals and groups to accomplish organizational goals

Analyze issues from multiple perspectives

Develop increased self-confidence and confidence in the ability of others

Provide support and development for peers and subordinates

Recognize and address areas for personal improvement

Effectively integrate management skills and leadership qualities

A typical successful student is willing to learn, open to new ideas, and able to engage in deep self-examination of values and beliefs. The program is not a "how-to" course and should not be viewed as a fix for problem individuals. The curriculum provides a forum for personal growth and development of qualities necessary for effective public safety leadership.

Sheriff Sandra Hutchens and Assistant Sheriff Mike James briefed the Board of Supervisors on April 7 about the state of the Department Jails.

To view the video see below:

The Orange County Register reported that the Department Police Community Reconciliation program has drawn high praise.

Tuesday, February 3, 2009

Sheriff department complaint program draws praise

BY NORBERTO SANTANA JR.
The Orange County Register

A new county mediation program that seeks to help sheriff's deputies and residents resolve differences drew praise on Tuesday, with Assistant Sheriff Jack Anderson saying the effort helps both sides better understand each other.

The Police Community Reconciliation Program was set up in May 2008 with nearly a $100,000 budget with the goal of offering an outlet for residents who want to air complaints that don't rise to the level of a formal investigation.

In its first six months evaluation, the voluntary program has received 43 complaints, mainly involving the perception of rudeness or profiling. It has successfully handled nine cases with another two dozen in the process.

To see the whole story click here.

The Office of Independent Review is completing its fourth month of providing full-time, independent civilian oversight of the Sheriff’s Department. 

OIR is led by Stephen J. Connolly, an attorney with several years experience as a consultant and monitor for law enforcement.  

“I am grateful for the reception I’ve gotten at all levels of the Department,” he said recently.  “I’m impressed with how helpful people have been about sharing information and answering questions.  And there’s been a very cooperative spirit as far as considering my input and trying new approaches.”

Connolly’s primary role is to monitor all complaint cases and critical incidents from beginning to end.  He works closely with Internal Affairs personnel and Department executives in tracking investigations and offering recommendations about outcomes. 

In the coming months, Connolly is expected to provide public reports about his initial observations and activities. 

“The goal is to make the Department more transparent and understandable to the public,” he explained.  “The Department isn’t perfect. But when it deals with its problems appropriately and effectively, then I think people are more accepting.”

OIR also recently expanded with the hiring of John W. Harris as an “Investigations Analyst.” 

Harris is a longtime resident of Orange County and a 36-year veteran of the Los Angeles County Sheriff’s Department; he was a sergeant at the time of his retirement in March of 2008.

Harris will contribute to the monitoring process from his perspective as a veteran officer and experienced investigator.  He spent six years in the Internal Affairs Bureau, and was assigned to LASD’s Force/Shooting Roll-Out team.  He had lead investigative responsibilities for the internal review of dozens of shootings, significant force cases, and misconduct allegations.  Along with a familiarity with the OIR model, Harris also has considerable knowledge about force policies, training, and the Peace Officer Bill of Rights. 

Prior to serving with Los Angeles County Sheriff’s Department, Harris spent two tours in Vietnam with the United States Army. His was initially assigned to the Military Police before being reassigned the Army Criminal Investigation Division (C.I.D.).  

Harris holds numerous certificates from the California Commission on Peace Officers Standards & Training (P.O.S.T.) and obtained an Associate of Arts Degree from Rio Hondo College in Administration of Justice. 

“I am pleased that John was willing and available to join OIR,” said Connolly.  “I really respect his insights and his expertise, but he also understands the importance of listening and getting the whole story.  I think he will develop constructive relationships inside the Department and with the public as well.”

The Los Angeles Times reported today the number of complaints filed by the publice against Orange County Sheriff's Deputies less than five-percent the number of complaints when compared to Los Angeles Sheriff's Deputies. Size of the Departments and demographics may be part of the reason, Los Angeles has five times as many Deputies as Orange County and patrols much higher crime areas.

On the recommendation of Stephen J. Connolly, executive director of the Orange County Office of Independent Review, Sheriff Sandra Hutchens ordered complaint forms to be made available online. They can be found at the lower left side of the Department's Website hompage, titled Personnel Complaint Form, listed under Quick Links.

To read the full Los Angeles Times Story click here.   

        Stephen J. Connolly  

                                         Executive Director                                                                    

OFFICE OF INDEPENDENT REVIEW:  An Introduction  

  I.          Creation of OIR 

The Office of Independent Review (“OIR”) was established by a County Ordinance that the Board of Supervisors passed in February of 2008.  The creation of OIR ended a process that had begun several months earlier, when the Board began to explore the possibility of bringing formal civilian oversight to the Sheriff’s Department. A working group with representatives from several County entities had recommended the adoption of the OIR model, which has been operating in Los Angeles County since 2001.  As articulated in the Ordinance, the mission of OIR is to “monitor, assist, oversee and advise” the Orange County Sheriff -Coroner Department (“OCSD”) in its handling of critical incidents and allegations of employee misconduct. 

Once the Office had been formally created, the County engaged in a selection process for an “Executive Director” to lead OIR.  That process culminated with the approval of an “Agreement for Special Legal Services” between the County and Stephen J. Connolly, executed on August 5, 2008 with a commencement date of September 1, 2008.

The OIR model of civilian oversight has several core principles:

• Integration into law enforcement’s own review process:  Rather than creating a parallel or competing mechanism for addressing critical incidents and allegations of misconduct, OIR brings an outside perspective to the OCSD’s existing protocols.  It recognizes that law enforcement is, in many ways, best situated to address these situations, not only because of its resources and expertise, but because it must take managerial responsibility for its findings and decisions.  At the same time, inclusion of an independent, outside perspective is meant to strengthen these processes and enhance public confidence in their legitimacy.

• Full-time commitment of oversight personnel:   This ensures the level of involvement needed to maintain productive relationships, stay apprised of relevant developments (both internal and external to OCSD), make informed assessments regarding individual cases and OCSD practices, and ensure appropriate follow through.

• Access:  The attorney-client relationship between OIR lawyers and both the County and OCSD allows OIR lawyers and personnel to have access to investigation files, records and meetings while maintaining the confidentiality of those materials.  OIR personnel respond in person to critical incidents, consult regularly with OCSD decision-makers, and have the unfettered ability to review OCSD operations.   (The cooperation of OCSD is obviously critical in this regard, and has been forthcoming.)

• Independence:  The Executive Director and other professional staff members of OIR (no more than two (2) staff attorneys and an “investigations analyst”) are independent contractors.  They are not employees of the County or part of the OCSD chain of command.  This helps OIR maintain appropriate “arm’s length” relationships and objectivity in its assessments and recommendations, and increases public confidence accordingly.

• Transparency:   OIR serves as a conduit between the public and OCSD. It seeks to represent the public’s interest and perspectives when monitoring individual cases or promoting reforms, and to provide explanation and insight to the public concerning the Department’s actions.  Reporting about the Department’s handling of critical incidents, allegations of misconduct, and reform initiatives is an important dimension of OIR’s responsibilities. More...

Sheriff Sandra Hutchens announced today that Mr. Lee McCown will serve as a consultant to the Department reviewing critical department policies, developing new policies, if needed, and helping create a system to track employee accountability.  

Mr. McCown brings and extensive background in Risk Management and offers a critical “outside” perspective to our operation. He has already begun reviewing our policy manuals and suggesting ways we can reduce risk and liabilities without diminishing the level of service we provide to the public. He performed a similar assessment at the Los Angeles County Sheriff’s Department, where he was able to reduce lawsuits by 35 percent – which translated to a significant savings to taxpayers.  

Mr. McCown also works with American Homeland Solutions, a law enforcement training institution based in Anaheim.  To see the biography of Mr. McCown posted on the AHS Website click here.

Letter from the Sheriff

The Office of Independent Review: Now Open for Business

Stephen J. Connolly began his new role this week as the Executive Director of the new Office of Independent Review. His work will assist us in becoming the premier law enforcement agency in the nation.

I had contact with Mr. Connolly when I was a chief with the Los Angeles County Sheriff’s Department and Mr. Connolly was a staff lawyer for that Department’s Office of Independent Review. Whether he was monitoring a disciplinary investigation undertaken by my command or reviewing a Department-wide policy change, I was always impressed by Mr. Connolly’s commitment to law enforcement. We did not always agree but when we disagreed we aired our views candidly and each helped the other to do a better job.

Mr. Connolly is moving into the Brad Gates Building and he intends to spend his first weeks on the job familiarizing himself with the Department, our policies and our personnel.  I have granted him unlimited access to the Department facilities. I encourage all of you to welcome Mr. Connolly and help him get to know our Department and the important work we do for the public. First impressions are always important. I ask that you welcome Mr. Connolly into our operation as we work together to make our great Department even better.

SANDRA HUTCHENS

Sheriff-Coroner

Stephen J. Connolly is excited about his new job as Executive Director of the Office of Independent Review and said he plans to become a familiar face as an outsider within the Department. 

He said that his role has been confused in the arenas of politics and the press and that he sees his mandate as one of working to help the Department by ensuring the Department properly polices itself.

“I will not be conducting my own investigations. Our philosophy is that the Department in many ways is best suited to review and address critical allegations of misconduct,” he explained.
“I’ll have access to Department investigators and I will talk to Department decision makers,” he said. “I will have a front row seat, able to access files and determine the thoroughness of an investigation and the reasonableness of the resolution.”

Mr. Connolly, 44, was born and raised in Salem, Massachusetts and graduated from the College of Holy Cross in Worcester, Massachusetts.  After college he did volunteer work with disadvantaged youngsters in the inner city sections of Syracuse and Brooklyn, New York. He married and moved to Long Beach in 1987.

He and his wife worked as teachers in a Catholic School and he obtained a Masters Degree in English Literature from UCI. The couple is raising three children: Two girls are aged 18 and 16 and their boy is 12. While working as a teacher and raising his family, Mr. Connolly spent four years attending night classes at Loyola University School of Law in Los Angeles.  He had harbored an interest in law since elementary school. One of his teachers was adjunct professor Michael Gennaco, a federal civil rights prosecutor who would later be named the first executive director of the Office of Independent Review for the Los Angeles Sheriff’s Department. More...

Letter from the Sheriff

Department Transformation

Many changes and additions to our operation have been announced over the last few weeks. Just this Tuesday, the Board of Supervisors hired Stephen Connolly to serve as the Executive Director of the Office of Independent Review - an independent office that will review our critical incidents and internal investigations and provide reports and recommendations on our operations. We also recently announced our new Command Staff and are now undertaking an evaluation of our organizational structure.

During this transition and assessment, our priority is to identify ways to make our department operate more efficiently, while enhancing the diverse services we provide to the county. Rumors abound as to what changes will be occurring, but I can assure all of you that nothing has been set in stone. I view this organization as a living one – one that will continue to evolve as we move forward. Over the next few weeks I will be meeting with Division Commanders individually, and I will continue to visit many of our facilities to get feedback and ideas on our strengths and challenges.

I sincerely appreciate your patience and continued focus on serving our residents. I will continue to keep you informed as we move forward.

SANDRA HUTCHENS

Sheriff-Coroner

Stephen J. Connolly was selected by the Board of Supervisors to head the Orange County Sheriff's Department Office of Independent Review.

Connolly, 44, is a former school teacher who graduated from Loyola University Law School and joined the California Bar in 2000. He served on the Rampart Independent Review Panel before joining the Los Angeles Sheriff's Department Office of Independent Review.

He said that his role will be to review the Sheriff's Department internal review procedures and make recommendations for improvements, as well as to look at individual cases that are being reviewed. He serves the Board of Supervisors and will make quarterly reports to the Board on his activities. Some of those reports will be in closed session but he said that his goal will be to provide transparency to the Sheriff's Department will providing individual sworn officers with all of the protections provided under California law.

They approved his being hired as an independent contractor for a 3-year term at $210,000 a year. He will oversee an operation with an annual budget of $750,000 and may include two other attorneys and an investigative analyst.  The investigative analyst will likely be a retired law enforcement officer with knowledge of internal investigations and credibility with the Department personnel.  

Sheriff Sandra Hutchens gave these remarks to the Board of Supervisors about the selection of Mr.Connolly.

Good Morning Chairman Moorlach and Honorable Board Members: I am here to let you know that the men and women of the Orange County Sheriff’s Department welcome this new level of oversight and transparency in our operation and the services we provide our residents each and every day.

There is a perception by some in our community that much is broken in the Orange County Sheriff’s Department. I can tell you that this perception cannot be further from the truth. The majority of the men and women on the department are hard working, ethical and professional employees dedicated to serving out our mission with the highest standards. But events of the past have sullied their reputation and cast a shadow on their extraordinary work. 

The Office of Independent Review will assist all of us in once again restoring public trust in our words and deeds, while serving as a catalyst to improve performance so that we can become a better, stronger department – the best law enforcement agency in the nation. 

I met with Mr. Connolly last Friday and I assured him that he would have access to every resource available to assist him as he sets up his office and transitions into his new role as the Executive Director.  We look forward to working with Mr. Connolly and his office as we move the Orange County Sheriff’s Department into a better and brighter future for our employees and the residents we serve. Thank you. 

To view Stephen J. Connolly's bio on the Los Angeles Office of Independent Review Website click here:

The Orange County Office of Independent Review will be patterned after the Los Angeles Sheriff's Department Office of Indpendent Review. To view samples of the Los Angeles office's reports click here.

Sheriff Sandra Hutchens has asked that all Professional Service Responders turn in their badges while she reviews the volunteer program. As a result of her request, Lieutenant Thomas Slayton, who supervises the program, sent the following letter to all PSRs praising their service and explaining why their badges should be turned in:

As you may have already heard, there are some changes being made to the PSR program. Our new Sheriff, Sandra Hutchens, is very aware of the valuable service you provide to the people of Orange County. However, she would not be doing her job if she didn’t evaluate all aspects of this department with a fresh set of eyes. We recently met with the new Sheriff in order to discuss the ongoing issue of badges, and it was determined that, in light of the recent California Attorney General opinion on the subject, it would be prudent to collect all badges issued to PSRs. Although I understand that some of you may find this frustrating, I believe that it was the right thing to do and I’ll explain why. 

2007 was a banner year for the PSR program. Collectively, you donated over 16,000 hours to the Orange County Sheriff’s Department, and to the people of Orange County. Some examples of your service include: 

·         Daily traveler assistance at John Wayne Airport. In this assignment, you have helped countless harried travelers navigate the terminal, and served as the Sheriff’s Department’s “eyes and ears” for dangerous and illegal activity.

·         Robotic construction and programming for the Hazardous Devices Squad (Bomb Squad).

·         Flying air missions for the department, using your own aircraft to do so.

·         Acting as a mobile “Citizen Patrol” for some of our contract cities. In this role, you have helped to suppress property crimes and juvenile activity. You have done this safely and appropriately by serving as “eyes and ears” for the department, never making contact but reporting what you see.

·         Volunteering as an Emergency Communications Dispatcher

·         Search and Rescue – in this role, you work side-by-side with sworn reserves. Among other things, you respond to search for missing hikers, children, the elderly, and weapons used in the commission of a crime. Often in the middle of the night while the rest of us are sleeping.

·         Performing photography and other high-tech computer services as needed. Most recently, some of you provided free assistance on the Community Services Division’s new blog as well as a complete renovation of the Orange County Training Manager’s Association's website, including all programming and hosting. 

These are just a small sample of the most recent work for which you are responsible. This program is healthy, vital, and above reproach. Unfortunately, it had a very controversial beginning and has been shrouded in suspicion ever since. Many articles have been written on the program, unfortunately, very few of them have emphasized the good work that is being done every day. To the media (and the public), this program is still viewed in a negative light for one reason, and one reason only: the badges. 

All of you are fully aware that it is against department policy to carry your credentials when not serving as a PSR. Further, you also know that displaying your badge in an effort to gain favor or preferential treatment would only infuriate a peace officer, resulting in additional complications. Unfortunately, realities such as these are completely lost on those who are on the outside, looking in. Regardless of why the badges were originally issued, they are ultimately unnecessary and serve only to drag this fine program down in the eyes of the very people who are benefiting from its services. Therefore, I ask you all not to see this as an indictment of the program, but instead as an opportunity for its redemption. 

Your good work has gone unnoticed all too long and it’s time to divert the attention of the media and the public from that “shiny object” to your valuable service.

When the driver of an Hummer parked illegally in a handicap parking spot threatened Alice Chandler last week, she called 911. Three Deputies responded to the scene. They gave the man a ticket and suggested Chandler call them next time before she confronts a parking violator.

The feisty lady, five days shy of her 80th birthday, informed the deputies that she had once been a Special Deputy for the Orange County Sheriff's Department and she still had her badge and gun.

"The one deputy gave me look," she said later. "It got me wondering whether I should turn it in."

She went home and wrote a letter to Sheriff Sandra Hutchens. She congratulated Sheriff Hutchens as the first female Sheriff in Orange County. Former Special Deputy Chandler wondered whether she may have been the first female Deputy Sheriff in the Department.

"I am not sure if there was ever another woman deputy at that time, at least I never met or heard of one," she said in her letter.

Department records reviewed so far were unable to determine whether or not she was the Department's first female Deputy.

Although Department records indicate she was Special Deputy, she was given a Deputy Sheriff's badge.

"I was told by Sheriff Musick that I had the full responsiblility of a deputy sheriff and could be called at anytime should they need me and I felt so proud to have my badge and the responsibiity," she said in the letter.

She came to the Division Commanders meeting on Thursday, her 80th birthday, and formally turned her badge, identification card and gun, a .32 caliber long revolver, to Sheriff Hutchens and Captain Davis Nighswonger. She was given a birthday cake and a rendition of "Happy Birthday to You" by all who were present.

To read a Los Angeles Times account of the story click here.   

From the Register's Peggy Lowe:

I cornered Anderson after the meeting this morning and asked him why he wanted to hire Gennaco. He said that along with other changes he’s making, he wants Gennaco to do a review of policies and procedures and make a report back to the Board of Supervisors.

“If you don’t have that, the residents and even the board are going to wonder if we’re being as transparent as we can,” Anderson said.

I also asked Anderson if he wants Gennaco to look at anything specifically, since Anderson has been briefed by both the grand jury and DA Tony Rack on what the panel’s investigation found. Anderson said he can’t coment on specifics, as he’s bound by the grand jury’s secrecy rules, and that he hasn’t seen the entire 8,000-page report.

“I kind of had the high flyover, where you see the peaks and the snow caps,” he said of what he was told of the probe. “But I certainly don’t know what’s in the valleys and the foothills.”

On acting on some of what he knows, Anderson admitted, “It’s a weird dance I have to dance right now.”

But clearly, he’s dancing up a storm, firing two top aides, restructing his command staff, announcing changes in jail procedures, and hiring a favorite of Supe John Moorlach to do an independent review.

Anderson said he hopes Gennaco can start next week and anticipates that his report might take a few months to complete.

Here's a post from yesterday by our resident blogger, John, on the Office of Independent Review:

An Office of Independent Review similar to the one being set up for the Orange County Sheriff’s Department has been in operation since 2001 in Los Angeles under the direction of former federal civil rights prosecutor Michael Gennaco.

In that time the office has reviewed about 1,500 cases involving the Los Angeles County Sheriff’s Department and, virtually every case that has been investigated by the LASD’s Internal Affairs Bureau. Gennaco’s team has now entered its third three-year contract cycle providing oversight for LASD cases.

...More here

An Office of Independent Review similar to the one being set up for the Orange County Sheriff’s Department has been in operation since 2001 in Los Angeles under the direction of former federal civil rights prosecutor Michael Gennaco.

In that time the office has reviewed about 1,500 cases involving the Los Angeles County Sheriff’s Department and, virtually every case that has been investigated by the LASD’s Internal Affairs Bureau. Gennaco’s team has now entered its third three-year contract cycle providing oversight for LASD cases.

“As we have stated repeatedly, our role is not to ensure that management will “win” or that the system will “get” deputies in cases involving alleged misconduct. Instead, we promote the fairness and thoroughness and consistency of the process — principles that most deputies would seemingly find acceptable and desirable,” the OIR annual statement reads.

One of the findings that OIR has made in the years they have reviewed deputy conduct in Los Angeles is that discipline can be different for deputies working in different areas of the city. Area Commanders can impose up to 20 days suspension for deputies under their command and OIR has strived to see that similar offenses receive similar discipline, said Gennaco.

In Orange County, the suspension of a deputy must be approved by the Assistant Sheriff commanding the deputy’s unit. An Area Commander in the LASD is two levels below an Assistant Sheriff.

The OIR also reviews a case to determine whether it has been fully investigated.

“Our review has led  to the discovery of exculpatory evidence or extenuating circumstances that have exonerated the deputy or resulted in a lesser level of discipline,” Gennaco said. “Our goal is to see that the decision makers are acting on the best information available.  We want the department to get it right.” More...

Peggy Lowe writes:

"Moorlach’s initial plan was a civilian review panel, but has since been changed to model a Los Angeles County agency called the Office of Independent Review.  It will be comprised of civil rights attorneys who monitor and advise the sheriff’s Internal Affairs Unit."

Acting Sheriff Jack Anderson addressed the Board of Supervisors on this issue February 5. Here's the video:

New opportunities and challenges demand that we constantly reevaluate our operation. Whether we implement new programs and services, collaborate with fellow law enforcement agencies, or work with outside organizations to utilize the best technology and resources, our focus must always be on our mission and whether the changes we implement will help us in exceeding expectations in our service to the community.

Throughout the history of the Orange County Sheriff’s Department we have been steadfast in our mission: To provide professional, responsive and caring law enforcement services to the residents, businesses and visitors of Orange County. Our unwavering focus on this mission has created one of the safest places to live, work and play, and those we serve continue to be satisfied and confident in our work.

Of course, we don’t rest on our laurels. Our ability to be responsive, creative and innovative to the changing needs of the community is essential. We continue to make tremendous strides, joining LiNX, a regional information sharing system; supporting the Office of Independent Review, growing our Cross-Designation program and addressing the operational strain of our growing jails.

Many challenges and opportunities are ahead, but the community we serve can rest assured that the men and women of the Orange County Sheriff’s Department remain committed to our role and flexible in our approach.

Thank you for all you do for the residents, businesses and visitors we serve each and every day.

On Tuesday, I addressed the Board of Supervisors to voice my support for the establishment of the Office of Independent Review. This oversight mechanism has evolved over many months and required the time and attention of several members of our staff as well as staff from the Board. What was once a hastily developed form of “civilian review” that not even other members of the Board of Supervisors could support has now become a workable, responsible model similar to the Office of Independent Review in Los Angeles.

Transparency is essential to our operation, as it provides members of the media, the public, and government officials an unobstructed view “inside” our jails, patrol cars and investigations. The International Association of Chiefs of Police released a publication in September 2006 entitled, Protecting Civil Rights. In the executive summary they write, “Unlike any other profession, the possibility of violating civil rights, or being perceived as violating civil rights, is inherent in many of the duties officers are required to perform on a daily basis.” We encounter such perceptions every day we open up a newspaper or listen to a public official. Transparency offers our community the opportunity to see so that they may truly believe that 99.9 percent of the men and women in law enforcement are professional, ethical individuals who perform a difficult job every day.

On February 26, the Board of Supervisors will once again read the ordinance establishing an Office of Independent Review. After discussion and public comment they will hold a vote to adopt the ordinance and direct county staff to move forward. The Office of Independent Review is a healthy addition to our transparent operation as this will be one additional tool to showcase your tremendous talent and professionalism in the work you do to keep Orange County safe each and every day.

Click below to view Acting Sheriff Jack Anderson's address to the board:

And here's a link to the Acting Sheriff's letter to the Orange County Register on the Office of Independent Review.

From the Sunday, February 3 edition of the Orange County Register:

The public's confidence in their law enforcement services is an absolute necessity. Every day, members of the Orange County Sheriff's Department interact with tens of thousands of our residents and visitors either on the streets, or in our jails. By and large, these interactions are professional, and the communities we serve consistently voice their confidence and appreciation. But more can be done to ensure that the law enforcement community is adjusting to contemporary cultural shifts and the desire of the public to look inside our operations.

For many years the call for openness and transparency in government and its agents has been voiced from kitchen tables and town halls all the way to our nation's capital. This desire has impacted law enforcement in a positive way. The public not only wants to know what we do each day, but they want to see that we're fulfilling our duties in an ethical and responsible manner.

The Board of Supervisors on Tuesday will consider an ordinance establishing an Office of Independent Review for the Sheriff's Department. We believe the ordinance will move forward with the full support of the board, and we look forward to working with the county to provide an additional resource for oversight and openness for the people we serve.

I have been a longtime advocate of transparency. As an example, in 1992, following the Rodney King incident, as a deputy serving in patrol I was charged with conducting research on the feasibility of installing video cameras in sheriff's patrol cars. After I identified several vendors and oversaw a pilot program, the department installed video cameras in every patrol car.

Today, over 15 years later, every patrol car still carries a camera, and every patrol deputy wears a wireless microphone. The Sheriff's Department is currently upgrading the technology into the digital arena.

Since its inception, the presence of these video cameras led to a large drop in the number of internal-affairs investigations related to patrol operations. With every incident being recorded, the county and the department have saved untold tens of millions of dollars in legal claims because these videos have vindicated our deputies many times over. Patrol video systems also significantly cut down on the criminal courts' trial load as the system provides irrefutable evidence, leading to more defendants concluding it is more advantageous to engage in plea bargaining.

Such transparency also gives us the opportunity to continually evaluate our policies and guidelines, improve our training and, when necessary, take appropriate corrective measures.

The patrol video cameras were initially met with much ambivalence. However, these cameras and the incidents they record have served as both a great tool and an extraordinary defense for the department and the county. We are proud of the men and women of the Sheriff's Department and the quality professional work they do, and we have no hesitation of recording their activities.

Such transparency has been one of our greatest resources, and we must be willing to continue to invest in opportunities for openness, regardless of any temporary apprehension such changes may bring about.

This story relates to our ongoing discussion of law enforcement review here in Orange County.

From the Los Angeles Times, "Policy Violations found in Gibson's arrest":

"The actions amounted to minor infractions of department rules, but they made it look like Gibson received preferential treatment, said Michael Gennaco, chief attorney for the sheriff's Office of Independent Review.

"It certainly creates an image of celebrity justice," he said.

In addition to the Gibson and Hilton cases, the panel reviewed the Sheriff's Department's response to the deaths of jail inmates and a contest meant to encourage arrests by deputies."

Read it all right here.