Item 13 - OC Grand Jury's Investigative Report, Findings, and Recommendations Regarding Group Homes and the Orange County Animal Care Shelter

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Mom. Gimme Shelter and a Pound of Advice a copy of the opinion or alternatively for an identification of the legal authority reviewed in studying the issue, and stated the confidentiality of the document would be maintained, whereupon the Board of Supervisors declined to consider or include the request in its meeting agenda. Unfortunately, and not through a lack of trying, the Grand Jury has been unable to review or assess the basis of the opinion. During the Grand Jury's interviews, when various levels of leadership within OCAC asserted that County Counsel made the decision to terminate the TNR program, the Grand Jury always expressed its skepticism and inquired as to how County Counsel, an advisor to the County and OCAC, and only an advisor, could be making policy decisions for OCAC? The Grand Jury inquired and pressed its interviewees, asking if it was, in fact, a decision made at some level within OCAC's leadership, or by OCCR, or by the Board of Supervisors. When pressed, in every case, each interviewee modified their explanation and affirmed the decision had been theirs or that they had taken part in the decision, each taking personal responsibility for the decision. The Grand Jury was determined to obtain documentation of the decision as it continued to press for a copy of the County Counsel's opinion, The Grand Jury then requested all internal OCAC communications documenting the decision and/or order to stop the TNR program. The Grand Jury requested departmental communications instructing staff to stand down from the TNR program, whether from the OCCR to OCAC, OCAC to animal shelter leadership, or animal shelter leadership to shelter staff. Departmental communications about the TNR program are policy and procedure communications. The Grand Jury assumed that departmental communications would point to how and by whom the decision was made. The Grand Jury understands such communications are public records, not privileged communications. Nevertheless, the Grand Jury's request for documentation was denied by OCAC with the reason that such communications were privileged. Coincidental to the Grand Jury's :efforts to obtain a copy of the County Counsel's opinion, -- - - at the end of 2022, the County Counsel's office detached itself altogether from all _._ matters related to the Grand Jury's investigation of OCAC. The County Counsel's office informed the Superior Court and the Grand Jury that its entire office was conflicted with _.. regard.to.the-investigation into OCAC and would recuse itself from assisting the Grand ---- - - Jury in its investigation into all matters related to OCAC. No back-up attorney was provided and all communications ceased. Of note, the Grand Jury's investigation was not an investigation of the County Counsel's office. Rather, the Grand Jury was investigating an Orange County agency, a client of County Counsel, just as every Grand Jury investigation into County agencies represents an investigation into clients of the County Counsel. When the County - Counsel's office recused itself from the Grand Jury's OCAC investigation, it did not --explain or cite -any specific aspect of the OCAC investigation that makes it exceptional -from any other of the ongoing Grand Jury investigations into County departments or agencies. Without the services of the County Counsel's office, the Grand Jury suffered a setback in its investigation of OCAC. The pace of the investigation slowed as time and resources ORANGE COUNTY GRAND JURY 2022 1 2023 PAGE 29 OF 51