GRAND JURY REPORT
DEKALB COUNTY GRAND JURY PRESENTMENTS
MARCH - APRIL TERM, 2008
TO THE HONORABLE JUDGES: ROBERT J. CASTELLANI
MICHAEL E. HANCOCK
CLARENCE F. SEELIGER
GAIL C. FLAKE
GREGORY A. ADAMS
CYNTHIA J. BECKER
DANIEL M. COURSEY, JR.
LINDA W. HUNTER
MARK ANTHONY SCOTT
ANNE WORKMAN
of the Superior Court of DeKalb County, Georgia, Stone Mountain Judicial Circuit.
This Grand Jury, sworn in by the honorable Cynthia J. Becker in the DeKalb Superior Court on March 3, 2008 respectfully submits the following presentments
INDICTMENTS
This Grand Jury was presented with (502) cases during the March - April 2008 term. Of these cases (500) True Bills and (2) No Bills were returned. An additional (314) cases proceeded by Accusation.
REQUEST FOR PUBLICATION
Pursuant to O.C.G.A. § 15-12-80, we the presently constituted Grand Jury recommend to the Honorable Judge Cynthia J. Becker that these general presentments be published in whole in the County Legal Organ. In addition, we request that these general presentments be made available for publication in any other media forum (including local newspapers, at their own expense) which may request such presentments so that the citizens of DeKalb County may be better informed and have access to this pertinent information.
INSPECTIONS AND INVESTIGATIONS
Pursuant to O.C.G.A. § 15-12-71 (b) this Grand Jury conducted official visits to the following DeKalb County facilities: the Jail, the Medical Examiners office, the 911 Call Center, and the Animal Control facility. In addition, this Grand Jury conducted its own inquiry into working conditions and the high turnover rate in the DeKalb County Police Department. We also subpoenaed an official of the DeKalb County Water System to appear before us and answer questions regarding this department’s procedures for alerting, notifying and informing affected county residents when occasional county water line contamination occurs. Finally, during the term of the March-April Grand Jury, the results of a forensic audit by KPMG documenting widespread violations of DeKalb County’s purchasing rules were released and made public. Detailed reports of the aforementioned inspections and investigations are presented later in these General Presentments. Our resulting recommendations, however, are presented now as follows.
RECOMMENDATIONS TO ELECTED AND APPOINTED DEKALB COUNTY OFFICIALS AND OTHER OFFICERS
Like previous Grand Juries, we carefully inquired into the operations of several County departments during our term. While many employed in our county government appear to be hard working, dedicated employees and/or public servants, there is room for improvement in the operations, the fiscal responsibility, and the level of service provided to the citizens of DeKalb County. However, unlike previous Grand Juries, we do not deem it wise to make numerous recommendations, many of which may either be ignored and/or discarded by County Officials and/or by future Grand Juries for lack of time, resources, and/or other reasons. Consequently, we have identified eight areas for which we have made specific recommendations and sincerely urge that direct and timely action be taken by officials to address each item.
- DeKalb County Police Department & Sheriff’s Office Compensation/Working Conditions: We strongly recommend the adoption of a reasonable increase in compensation for the veteran officers of both the DeKalb Police and the Sheriff’s Office. Such pay scale increases should be based on a combination of merit, performance, competence, and experience. The two departments should maintain a synchronized pay scale. Our observations from touring the Jail and from hearing testimony from officers on approximately 450 cases is that these men and women, who bravely serve the citizens of DeKalb County, are put in harm’s way virtually each and every day they go to work.
Due to the nature of their jobs and the knowledge that each day, their loved ones may not see them again after they leave for work, we find certain working conditions they endure to be unacceptable. Vacations should not be canceled by the Police or Fire Departments due to lack of officers. Unsolicited overtime should not be a regular occurrence for these individuals. It is far too easy for other counties, with lower crime rates and lesser jails, to lure away DeKalb County’s veteran Law Enforcement officers, particularly in light of the first-rate training the county’s Officers receive.
In this vein, better management, stewardship and judicious use of taxpayer funds by County elected and appointed officials (as described in Recommendation “A” below), should allow a reasonable compensation increase without first rushing to the all-to-frequent politician’s “remedy” of raising taxes on the citizens of DeKalb County.
A further way to way to finance the aforementioned compensation increase would be through funds received by utilizing vacant bed/cell space in the DeKalb County Jail by housing the inmates of other counties at a substantial daily per-diem “premium” for each non-resident inmate. Such an arrangement could more fully utilize the Jail’s capacity, provide more employment at the Jail, and contribute towards additional Police and Sheriff’s Office headcount needs in the future.
- DeKalb County Police Department & Sheriff’s Office Equipment: We strongly recommend that all trained and certified Police and Sheriff’s officers be equipped with Taser devices. In addition, at a minimum, all law enforcement vehicles used in any traffic stop should be equipped with dashboard cameras to provide video evidence for both the protection of the officers and of the suspects/defendants.
This Grand Jury heard a number of cases alleging that a suspect either struck an officer or refused to follow lawful commands. A special Grand Jury meeting during our term recently completed an 11-month investigation regarding the 2006 shootings by county police. In January of 2008, two DeKalb County police officers were shot and killed by suspects. Such additional equipment would serve the officers in their duties, suspects, and the citizens of DeKalb County in ways we deem ultimately to be for the benefit and protection of all involved.
- DeKalb County Officers – Officers Serving Outstanding Warrants: We strongly recommend that virtually all of the county’s law enforcement officers, currently assigned as part of the large entourage which rides with and allegedly “protects” the DeKalb County Chief Executive Officer as published in reports, on a daily basis, be immediately reassigned away from the County CEO and instead be added to the ten Sheriff’s officers which presently are trying to carry out the daunting task of serving the county’s 20,000 outstanding arrest warrants. As much as the County CEO may feel he needs the “protection” of these officers, we deem that the citizens of DeKalb County need their “protection” far more.
We urge that such resources be reallocated and that immediate action be taken to reallocate manpower to serve these outstanding warrants. Defendants should be speedily brought in for arraignment, the wheels of justice could proceed, and the streets of our communities would become safer. DeKalb County would be a better place for our families and children to live. More information on this recommendation appears in our report of the County Jail which appears later in these General Presentments.
- DeKalb County Jail – Periodic Screening of “Detention Officers”: We strongly recommend that periodic, unannounced searches be made of Jail “Detention Officers” (as opposed to regular Sheriff’s Office officers) to assure that no further contraband is smuggled into Jail inmates. Such Detention Officers, while reportedly receiving training for the specific tasks they perform, do not have the qualifications and general training of regular Sheriff’s Office officers. It is critical that Detention Officers understand the serious stewardship they have in their daily contact with Jail inmates. They also must know of the severe “black eye” the entire Sheriff’s Office suffers when these individuals break the law and smuggle contraband into the hands of inmates. The genesis of this recommendation is explained in our report of the County Jail which appears later in these General Presentments.
- DeKalb County Medical Examiners Office Needs: We strongly recommend that funds be appropriated for the purchase of a 3-Dimensional X-ray machine which utilizes the latest technology. This machine should be used solely at the DeKalb County Medical Examiner’s Office (DCMEO) by qualified personnel and for the purpose of efficiently and thoroughly conducting autopsies and examinations.
As the premier Medical Examiner’s Office in both the region and the state, and with the addition of this valuable piece of equipment, the machine’s cost could be recouped by charging reasonable amounts to other counties which, we understand, often send their cases to the DCMEO for analysis (similar to the principal of how the state reimburses DeKalb County for State prisoners kept at the DeKalb County Jail). Such requests from neighboring counties would likely increase with the addition of this technologically advanced equipment.
- DeKalb County 911 Call Center Needs: We recommend that the planned improvement speedily proceed wherein lockers/places for employees’ personal belongings are added. Call Center personnel would then have a place to store limited personal effects before, during, and after their shifts. Such an amenity would not be costly but would improve working conditions and morale amongst incoming call operators and dispatchers in this department. Any such improvement would be welcomed by those working there as the Call Center currently experiences a nationally-comparable dilemma of having a 20% turnover rate.
The Administrative Staff of the former Director of the Call Center relocated with that individual to another department in the county. Thus, several Administrative positions, though needed and funded, must be created and approved by DeKalb County officials to enable the current Administration to effectively perform their duties and responsibilities. We urge current county government officials to proceed with the creation of these positions.
- DeKalb County Animal Control Facility Needs: We strongly recommend that future Grand Juries visit this facility annually. We also recommend that adequate staffing for this facility be made a priority by the County CEO and Commissioners, who should work closely with current Animal Control Administrators to address the 27+ specific needs this facility presently has. Starting salaries may be consistent with some other animal control facilities, but the pool of potential job applicants is severely limited as funds are not available to advertise for qualified applicants in local newspapers. Such an additional budget item would not be costly and placing proper job postings would likely benefit DeKalb County by reaching an increased number of qualified applicants desirous to work at the animal facility. To assure that salaries are commensurate, a “Pay and Classification Study” should be undertaken with regard to the facility. Such a Study would be a first step in addressing the appearance that the Animal facility is chronically under funded.
Since all employees are NACA certified, the current manpower shortage could also be alleviated if the County hired individuals on a 6-month trial basis as animal care “assistants.” Should the person successfully pass the probation period, the County could then assist in providing certification as a means to attract new hires. DeKalb County could add a nominal charge as part of the adoption fee to fund this need. County authorities should closely monitor the construction of the new 10,000 square foot building to ensure that adequate food storage, operating facilities, and various ward areas are properly constructed. We would like to recommend that the next Grand Jury subpoena someone in power from the DeKalb County Commissioner’s Office to state when they expect to begin construction on the new building.
Finally, we recommend that DeKalb County change its current policy and allow for the adoption of pit bulls. We are keenly aware of the recent publicity and the misuse of such animals by some malevolent members of the general public including high-profile football players. However, one member of our Grand Jury raises this breed and many others in this county successfully own the dogs as loving house pets. Since it is not unlawful to own a pit bull in our county, the fact that this breed of dog is not allowed to be adopted at our county’s facility by DeKalb residents leads to the unconscionable result that virtually every pit bull that enters DeKalb’s Animal facility is condemned to die. Care could be taken to allow only the gentle pit bulls to be adopted, and even greater care should be exercised in screening applicants to assure that such animals go to caring owners and not to sinister dog fighters. In light of the fact that residents can not adopt pit bulls at this time, we recommend that the shelters not accept any of these animals from owners wishing to forfeit them but instead advise them to be taken to another shelter.
- DeKalb County Grand Jury Parking Spaces: We strongly recommend that county officials set aside 26 Parking Spaces designated for use by members of the DeKalb County Grand Jury. Such spaces should either be in the Parking Deck adjacent to the Courthouse or directly across the street in Calloway Square. With parking deck construction, traffic, and overall congestion, the lack of adequate facilities severely interfered with the ability of several Grand Jury members to properly execute their responsibilities.
We understand that a typical Grand Jury may meet only on Mondays and Thursdays. However, during our term, a Special Grand Jury met on Tuesdays and Wednesdays. Thus, such parking spaces could be labeled as such “Grand Juror Parking Only – Mon-Thurs, Juror #XX.” Unlike the vast majority of Trial Jury members serving for other DeKalb courts, regular Grand Jurors serve for 8 to 9 weeks. Special Grand Jurors, such as the one recently released, may serve for close to one year. This recommendation will enable members of all Grand Juries to more effectively and efficiently fulfill the duties and responsibilities pertaining to their service.
9. "BOIL-WATER" ALERTS RECOMMENDATIONS
We, the Grand Jury, wish to make the following recommendations in alleviating the problem of informing the public whenever there is possible water contamination. Firstly, officials could post an advisory on the local government access cable channel. It could be broadcast at various times throughout the day and/or a crawl could be run at the bottom of the screen during the entire alert time period. Secondly, an "Alerts" section could be posted on the DeKalb County Government web site. Then when advisories are issued, people could quickly check for them without a lot of hunting on the site.
These are methods that could be used for much more than just water contamination. They could be used for other alerts or emergencies. Examples: 1) Several years ago there was a serious fire at a chemical plant located close to the DeKalb/Rockdale County line. People could be advised to avoid the area, close windows, avoid going outside, etc. 2) Warnings could be issued for serious traffic accidents such as a tractor-trailer crash where the truck was carrying hazardous materials. 3) Another possibility would be situations where a dangerous criminal was on the loose such as the instance several years ago when a day trader murdered a number of people in Buckhead, and a manhunt had to be conducted, or the situation in Fulton County when a judge as well as three others were murdered, and the perpetrator was not captured until the next day.
These are only a few examples of how the system could be used.
In order to inform people of these systems, a press conference could be held initially. Then they could be advertised on TV and radio and in local newspapers by way of public service announcements. People could form the habit of routinely checking these sources quickly and with minimal effort.
However, since each county only has a government access channel for that county and since people often travel from county to county whether it is for work, entertainment, shopping, visiting friends, etc., informing people would still be a problem. So we believe the best use of such a system would be to incorporate it into a metro-wide alert system. With the move to digital TV broadcasts coming next year and the ensuing addition of bandwidth to the broadcasting spectrum, a separate metro-government access channel could be set up to issue advisories for all metro counties. Also, a metro-wide web site could be created to warn of various emergencies and alerts (as people would not want to check every local county's web site). Local governments could also work in conjunction with Homeland Security to inform the public of any terrorist-related problems.
While these suggested steps would not completely solve the problem of alerting the public to various dangers, we believe they would help the situation in an expeditious manner and at minimal cost.
RECOMMENDATIONS TO FUTURE GRAND JURIES
- Investigation of DeKalb County “no bid” and “piecemeal” Purchasing Practices: We strongly recommend that the May-June (or subsequent) Grand Jury, pursuant to O.C.G.A. § 15-12-71 (b)(2) and (b)(4), conduct an investigation of both the “piecemeal” and “no bid” purchasing practices of DeKalb County Executive Assistant Richard Stogner and those individuals under his direction. We recommend that the Accounting Firm of KPMG be retained to assist the Grand Jury in this investigation. KPMG is the public accounting firm who, at the request of the DeKalb County Commissioners, originally discovered these practices. We publicly commend those DeKalb County Commissioners who approved this audit for their stewardship and attention to the proper use of taxpayer funds.
The aforementioned audit by KPMG documented widespread violations of DeKalb County’s purchasing rules. Companies that were paid millions of dollars either lacked contracts or received more than their contracts stipulated. DeKalb County executive assistant Richard Stogner approved purchase orders and contracts without bids.
As an example, per published reports, EMA Inc., a computer services company, was given 11 orders of $49,000 apiece on one day. That amount was just below the $50,000 threshold for a competitive selection process. In total, almost $3.7 million was paid to this entity. Another company, ISPA Inc., received six purchase orders for over $268,000, all on one day. No contract existed. These orders were approved by county Executive Assistant Richard Stogner.
We are not convinced by the “no ill intent” findings of the recently-completed “investigation” by a “consulting firm” headed by former Gwinnett County Commission Chairman Wayne Hill. We commend the current DeKalb County CEO for at least attempting to have someone outside his Department look at the problem, but disagree that an investigation by “consultants,” led by a fellow County Commission colleague, provides adequate independence. Instead, as recommended above, we urge that the same Accounting Firm who uncovered the original irregularities—KPMG, be retained. As trained, Certified Public Accountants, and with the background and discoveries of their first audit, KPMG should specifically be asked to look for potential wrongdoing, something they were not hired to do during their initial Forensic audit.
It should be noted that in accordance with a holding of the Georgia Supreme Court, we are not charging a public officer with misconduct in office. Rather, this general presentment recommends that a future Grand Jury, pursuant to the authority granted it under the above statutes, conduct an investigation. If that grand jury finds any misconduct, they can either return an indictment or a special presentment charging a county official.
We deem the management, stewardship and judicious use of taxpayer funds by DeKalb County’s elected and appointed officials as amongst the highest entrustment of responsibilities such officials have. With so many needs in the County for both resources and personnel which such funds provide, and having heard cases during our Grand Jury tenure involving the misuse of finances, we consider the proper handling of taxpayer funds by those to whom they are entrusted to be of supreme importance.
- Investigatory Powers of the Grand Jury: We recommend that the May-June and other future Grand Juries, pursuant to the investigatory powers granted them under O.C.G.A. § 15-12-71 (b)(2) and (b)(4), carefully, yet expeditiously, identify any other areas of County Government for which they deem the necessity of conducting an inquiry. As an example, the recent situation in Lithonia between the mayor and the police, if allowed by statute, would be a particularly relevant investigation if one or more members of a future Grand Jury reside in that city.
Furthermore, any investigation which a future Grand Jury may wish to conduct should be done formally, taking care to follow the procedures outlined in the above code sections with regard to eight or more Grand Jurors deeming the investigation necessary. Future Grand Juries should start the process early in their term to give the District Attorney’s office adequate time to assist the Grand Jury’s investigation in filing the proper legal Notices.
Finally, despite presentments and recommendations from previous Grand Juries, we caution that the DeKalb County Grand Jury does not have the statutory authority to Inspect or Investigate the Division of Family and Children Services (DFCS). This Agency is part of the Georgia Department of Human Resources and therefore falls under the jurisdiction of the State rather than the County.
DISTRICT ATTORNEY’S OFFICE
Pursuant to O.C.G.A. § 15-18-6 (2), this Grand Jury was advised by the District Attorney and her Assistants in relation to matters of law. These individuals also examined the witnesses that appeared before us. We commend the preparation and competence displayed by the District Attorney and her Assistants. We applaud the effort made by the DeKalb County District Attorney’s office to clear out the backlog of cases, particularly those relating to Family Violence, and commend their diligent work in bringing these cases before us in a timely manner. We also appreciate the Grand Jury Secretary and Bailiffs who aided and assisted us in the fulfillment of our responsibilities. Finally, a special commendation to this office appears in the “Inspection of the DeKalb County Animal Control Facility” report found later in these General Presentments.
As a Grand Jury, we typically heard from one witness for the state for each case. We listened attentively and closely to the testimony of the witness and also asked questions if we deemed them necessary. It was our perception that the vast majority of the witnesses we heard testify did so with candor, and with forthrightness. In many instances, the witness offered facts or other details which were not necessarily favorable to the state’s case. This made a subtle yet important impression on us in that we reached the conclusion that in offering such testimony, especially in what is clearly a “one-sided” presentation, that witness’s credibility was actually enhanced in the eyes of the members of our Grand Jury. We cannot speak as to whether the effect would be similar for future Grand Juries, but we did want to note this fact for the benefit of the District Attorney’s office in their future case presentations. We commend such testimony and the frankness and directness generally displayed by the State’s witnesses.
In retrospect, we deem the presentations made and the orientation time spent with us during the first few days of our term as absolutely essential. We urge the continuance of such direction, particularly the education of the Grand Jury as to their specific function and role versus that of a Trial Jury. Taking time initially to explain the elements of the crimes being charged was also vital. Finally, opening-day presentations by several Units from the DKPD were invaluable in educating Grand Jurors to terminology and lingo and in providing us with a background and point of reference for many of the cases we did in fact hear.
We recommend four items to the District Attorney’s Office which we feel would better assist future Grand Juries in more effectively performing their duties. We also feel these items would bring greater consistency in certain cases in the County.
- We urge the District Attorneys office to more consistently and uniformly apply the provisions of O.C.G.A. § 16-5-70 (d) (1) & (2) with regard to charging defendants with “Cruelty to Children” in the third degree. In certain cases with seemingly identical fact patterns, sometimes the crime was charged and other times it was not. When we questioned the witnesses regarding the facts, they often told us that they had arrested the defendant under the charge. When we questioned the Assistant District Attorney, they typically told us that it was the “call of the ADA handling the case.” These seeming inconsistencies led us to believe that often, whether defendants would be charged with this felony for committing virtually the same acts of Cruelty to Children would entirely depend on which ADA’s lap the case happened to “land in.” We feel uncomfortable that some defendants would consequentially be “luckier” or “unluckier” than others.
- We look forward to and strongly encourage the implementation of the new software which we understand will allow all Indictments to be typed in a similar format listing the applicable section from the Official Code of Georgia Annotated (O.C.G.A.) for each count of the indictment. Not only would this eliminate some of the confusion and uncertainty we saw with some indictments, but it would allow the Grand Jury to review the relevant code section and, if necessary, question the witness if uncertainty existed with relation to probable cause for any element of the crime being charged in the indictment.
- We hope that the above software will also aide in those few instances during our term where the wrong Grand Jury pool was attached to the indictments we received.
- We encourage the Assistant District Attorneys presenting the case to hand the indictment directly to the Secretary of the Grand Jury immediately after the indictment is read and the witness has been sworn in. Most did, but a few Assistant District Attorneys insisted on keeping the indictment during the entire testimony of the witness and even during the questions of the Grand Jury. This did not allow us to properly perform our duties in reviewing the relevant statute (if necessary), in promptly accounting for those Grand Jurors who may not have been present for the case, and in examining the indictment for any date, name, or other errors/omissions in a timely manner. ADA’s who want to ensure their witnesses have “covered all the counts” should come prepared with their own copy of the charges.
INSPECTION OF THE DEKALB COUNTY JAIL
Our inspection of the DeKalb County Jail pursuant to O.C.G.A. § 15-12-71 (b) (1) took place on March 20, 2008. We were escorted by Lieutenant S.M. Clark and other officers of the Sheriff’s Office. We inspected the condition and operations of the jail. In addition, Sheriff Thomas E. Brown spoke to us, handed out Jail operational and audit documents, answered a large number of questions, and invited us to see any part of the jail which our time would allow us to. We questioned him closely and found his responses to be direct and with candor. Sheriff Brown did not dodge any questions concerning the bad publicity the Jail had received in years past due to the actions of a few. Lieutenant Clark was also direct and forthcoming in our inspection and answered all questions to our satisfaction.
We commend the work of the Office of Internal Affairs personnel who investigated, discovered and brought legal action against an isolated few Detention officers with regard to smuggling contraband to inmates. We recommend that periodic, unannounced searches be made of Jail “Detention Officers” (as opposed to regular Sheriff Officers) to assure that no such incidents occur in the future. Such Detention Officers, while reportedly receiving training for the specific tasks they perform, do not have the qualifications and general training of Sheriff Officers. It is critical that Detention Officers understand the serious stewardship they have in their daily contact with Jail inmates. They also must know the severe “black eye” the entire Sheriff’s Office suffers when these individuals break the law and smuggle contraband into the hands of inmates.
Based on our observations, most of the employees at the Jail fulfill their duties in a professional, proficient and dedicated manner. Many are put in harm’s way daily when dealing with certain inmates and we commend them for the work they do. We urge Sheriff Brown to continue his constant evaluation of performance and procedures at the jail to not only assure the continued high level of care the inmates enjoy, but to see that the Sheriff’s Office employees are protected and safe in the daily performance of their duties.
Pursuant to O.C.G.A. § 15-12-78 we inspected the sanitary condition of the jail including the heating and ventilation as outlined in the above code section. We also inquired and found that DeKalb County Jail inmates enjoy three full meals a day (two of which are hot), seven days a week. We noted the Jail’s exercise facilities, the Jail’s infirmary, the Jail’s medical staff and treatment facilities, the Jail’s book and law library, the Jail’s drug rehabilitation programs and the Jail’s GED classrooms/facilities. We also noted televisions in the cell blocks. We found such conditions to be excellent and, in fact, better than some residents of the county may enjoy who are not incarcerated. Some Grand Jurors expressed relief that the televisions were not of the wide-screen, digital variety.
We commend the “Work Release” program offered to certain inmates allowing them to pay back child support. We urge the continuation of such programs to inmates deemed as viable candidates by the Sheriff who have earned the privilege through good behavior and following the rules. Such programs allow the “rehabilitation” process to have its intended effect and aid in the ultimate integration/transition back into society by inmates after they have paid their debt to society. In addition, this program could be expanded to provide opportunities allowing certain inmates to make monetary restitution for stolen/damaged property belonging to the victims of their crimes.
With over 20,000 outstanding warrants to be served and only ten Sheriff’s officers assigned to fulfill this Herculean task, we strongly urge the reallocation and/or appropriation of additional Sheriff’s deputies to fulfill this task. As a start we recommend that several of the Sheriff Office officers, currently assigned as part of the large entourage which rides with and allegedly “protects” the DeKalb County Chief Executive Officer on a daily basis, be immediately reassigned away from the County CEO and instead join the aforementioned ten officers in fulfilling the important task of serving the staggering number of outstanding warrants.
Finally, like past Grand Juries, we deem it inappropriate, unacceptable, and a misuse of DeKalb County Taxpayer funds to house State inmates at the County Jail without receiving, at a minimum, the full daily cost from the state of housing such inmates. A previous report noted that the DeKalb county jail loses over $1 million per year in this “arrangement.” Such funds could and should be put to use for the recommendations we have made regarding DeKalb County Police and Sheriff’s Office Compensation and/or Equipment as we have outlined in the “Recommendations To Elected And Appointed County Officials” section of these General Presentments.
INQUIRY REGARDING WORKING CONDITIONS AND THE HIGH TURNOVER RATE IN THE DEKALB COUNTY POLICE DEPARTMENT
We had several interactions with officers regarding the high turnover rate in the DeKalb County Police Department (DKPD) pursuant to O.C.G.A. § 15-12-71 (b). This inquiry took place over several weeks during our Grand Jury term. We interviewed a number of DeKalb County police officers with work experience ranging from three to over 20 years. We conducted the interviews on a one-on-one basis under the promise of anonymity and without Police supervisors, county politicians, or other potential interference. What we heard were, we believe to be, candid and forthright statements regarding past, present, and hoped-for working conditions within the DKPD and great insight into the generally low morale and high turnover rate occurring therein.
We discovered the following: Many problems generally start at the top of an organization. Most officers are frustrated by the seemingly endless political clashes, both between the DKPD and our CEO/Commissioners as well as some political infighting within the DKPD itself. DeKalb County has had four police chiefs in the last five years. Such upheaval has not been conducive to departmental operational plans, continuity, and other stabilizing influences which are important for the proper functioning of a Police Department. While several officers do not agree with all of Chief Terrell Bolton’s ideas, he is perceived by many of the rank and file as at least bringing a Plan to the department and trying to implement it. Several officers felt that Chief Bolton needs support from County Elected officials and urge that politics be set aside for the good of the county.
A vast majority of officers support Chief Bolton’s plea for equipping them with Taser devices. The death of a Gwinnett County man from Taser devices a few years ago seemed to “scare” DeKalb officials and the devices were immediately removed form the DKPD for fear of lawsuits. Such a “knee-jerk” reaction by DeKalb County officials now appears both short-sighted and relatively foolish given the recently concluded Special Grand jury investigation into the 2006 shootings of suspects by the DKPD and the resulting uproar. Had the officers been equipped with Taser devices during that time and, more importantly, had the officers been empowered with the choice of such effective, yet almost always non-lethal devices, perhaps the 2006 results would have been different. The 2008 slayings of DKPD Officers Bryant and Barker may also have had a different result had these policemen been equipped with Taser devices.
In many ways, Taser devices also seem preferable to police batons/clubs with regard to the immediate and long-term injuries that suspects may incur. As a Grand Jury, our observations from touring the Jail, from private interviews conducted with DKPD officers and from hearing ≈ 450 cases of Grand Jury testimony is that these men and women, who bravely serve the citizens of DeKalb County, are put in harm’s way virtually each and every day they go to work. They should be equipped with the latest and best technology that will protect them, protect suspects, and protect the law-abiding citizens of DeKalb County. Along this vein, several officers noted that, at a minimum, all law enforcement vehicles used in any traffic stop should be equipped with dashboard cameras to provide video evidence for both the protection of the officers and of the suspects/defendants.
Of paramount concern amongst those we interviewed was the extremely high turnover rate within the DKPD. According to one veteran detective, 43 officers have left the DKPD since the beginning of 2008 including 19 in one month. Only a small number of those losses were due to retirement. While pay is always an issue, DKPD starting pay is actually commensurate with other metro Atlanta counties. It is the salaries amongst veterans on the police force and the lack of adequate raises which lead them to become discouraged and to look elsewhere. In some instances, relatively new police officers are making the same or more than veterans who have been on the force many more years. While we do not advocate the “union theory” that seniority should be the only criteria with regard to pay raises, we do think it is important that experience, along with other evaluative measures including merit, performance and competence should also be part of a fair and progressive pay scale.
Our interviews revealed a critical problem with a shortage of manpower. Such a condition consequently leads to many other morale-deflating problems including canceled vacations, forced overtime, and increased stress. Add these factors to DeKalb County’s already-high crime rate and the dire situation quickly becomes calamitous. In addition, officers reported a shortage of squad cars with waits up to two hours for the previous shift to return cars so that the next shift could go on patrol. As in other areas, DeKalb’s training is generally first-rate but its facilities are perceived as lacking. Eventually among veteran officers, and with the extremely high crime rate in DeKalb County, surrounding county police departments often “cannibalize” DeKalb’s highly trained police force with the promise of less stress, less crime, and the same (or better) pay.
The veterans pay and lack of manpower issues result in a “vicious cycle” wherein the lack of manpower leads to an extremely heavy burden on existing officers who suffer canceled vacations, low morale, and then leave the department in search of more favorable working conditions. This creates an even larger manpower shortage, with remaining veterans not being adequately compensated as the department must offer relatively higher salaries to new officers to entice them to join the DKPD and replace those who left.
One other important item we discovered from our interviews dealt was the misplaced emphasis the Department has on writing traffic tickets rather than patrolling for criminal activity. Many rookies in the DKPD are perceived as “gung-ho” in their quest to write citations. There is an active competition amongst these younger officers to rack up ticket-writing “stats” to prove they are “doing their job.” Veteran policemen felt that using more discretion when writing tickets and instead, occasionally issuing warnings would build more goodwill within the communities of DeKalb County and lead to more joint Police/Citizen cooperation efforts in focusing on criminal activity. Veteran officers also suggested that DeKalb County would be much better served by generally having one policeman handle traffic in an area while the remaining officers focus on patrolling neighborhoods and businesses to spot potential crimes. Experienced officers noted that simply having a police presence patrolling an area and keeping a lookout for “bad citizens” (as such officers are trained to do), would likely act as a preventative measure for many crimes in the first place.
We call upon the DeKalb County elected and appointed officials and other officers to address the compensation and equipment problems immediately. Some funding proposals such as those presented by Commissioner Ellis would enable the pay increase to take place without first rushing to the all-to-frequent politician’s “remedy” of raising taxes on the citizens of DeKalb County. We also have offered other remedies as stated previously and have made specific recommendations with regard to the DeKalb County Police Department in the “Recommendations to Elected and Appointed County Officials” section of these General Presentments.
INSPECTION OF THE DEKALB COUNTY MEDICAL EXAMINER’S OFFICE
Our inspection of the DeKalb County Medical Examiners Office pursuant to O.C.G.A. § 15-12-71 (b) (2) took place on April 03, 2008. This office includes eight deputized investigators and has been separate and independent from the police department since 1988. We were escorted by Chief Investigator Pat Bailey and by Investigator Sam Buice of the Medical Examiner’s Office. In addition we spoke with Dr. Gerald T. Gowitt, the Chief Medical Examiner of the facility. We questioned these individuals (and others) at length about procedures, operations, and the responsibilities of those in the employment of the office. We found their responses to be direct and with candor.
Chief Investigator Bailey answered our questions about the criticism and investigation the Office has come under in recent months. We were encouraged that he seemed to welcome the spotlight of close scrutiny the office is receiving and favorably viewed his promise to readily address any problems or findings of wrongdoing that an independent investigation may uncover. We deem such an attitude to be of paramount importance for the office to emerge from the cloud of doubt which some have alleged in the 2006 police shooting investigations and the Medical Examiner’s office role in the investigation of the same. Chief Investigator Bailey expressed his desire that the ME’s office should operate with independence, integrity, and with reliability in order to properly fulfill its duties and serve the vital function which the office performs in the operations of the DeKalb County government.
We have made a recommendation about one specific item with regard to the Medical Examiner’s Office in the “Recommendations To Elected And Appointed County Officials” section of these General Presentments.
INSPECTION OF THE DEKALB COUNTY 911 CALL CENTER OPERATIONS
Our inspection of the DeKalb County 911 Call Center Operations pursuant to O.C.G.A. § 15-12-71 (b) (2) took place on April 17, 2008. This office is under the DeKalb County Police Department (DKPD) chain of command and is located at the Police Headquarters at Northlake. We were escorted though the facility by Major James W. Conroy of the DKPD and current Director of the 911 Call Center Operations. We questioned Major Conroy at length about procedures, operations, and the responsibilities of those in the employment at the center.
The 911 Call Center has been at its present location since July 16, 2007. The old center on Memorial Drive is now being refurbished as a backup facility. During 2007, the Center answered over 1 million calls. During the week of April 6 – 12, the center answered over 25,000 calls. 85% of the calls were answered within ten seconds. We learned about the four priorities, one of which is assigned to each call and the relationship between answered calls and dispatched calls.
We understand the stressful nature of this work and applaud the actions taken by the DKPD in addressing certain employee concerns. The 911 Call Center attrition rate currently stands at 20% per year, a number which in most private industries would be unacceptable. However, we discovered that this rate is, in fact, comparable to other 911 Call Center operations in similar large cities across the country.
We applaud and encourage steps taken by the DKPD to add amenities and intangibles for the Call Center employees which have aided morale and improved working conditions. One example of this was the relatively recent, employee-requested change to four 10-hour shifts each week rather than five 8-hour shifts. In addition, a strong demand exists by Call Center employees for overtime but no shift may last longer 12 hours. The Call Center workstations are state of the art, adjustable to each individual employee, and monitored to provide conducive lighting and a friendly environment.
Previous Grand Juries had expressed concern that calls were missed, dropped, or not answered at all. Since the move from the Memorial Drive facility to the Northlake facility, average answer time for 911 calls has dropped from over 50 seconds to 13 seconds per call. This is an improvement of over 400% and operators, management, and technical support personnel should be commended for this dramatic change. In addition, nine new computer technicians are about to be hired to handle the technical/IT side of this critical facility. We found that all areas of concern raised by previous Grand Juries have been analyzed and addressed by the current Call Center management.
Funded entirely from the $1.50 “911 Emergency Charge on behalf of DeKalb County” which appears on the monthly telephone bill of each county resident, the Call Center currently runs on a budget of approximately $17 million per year in serving the 750,000 residents of DeKalb County. The Administrative Staff of the former Director of the Call Center moved with that individual to another Department in the County. Thus, several Administrative positions, though needed and funded, must be created and approved by DeKalb County officials to enable the current Administration to effectively perform its duties and responsibilities. We urge current County government officials to proceed with the creation of these positions.
Unbeknownst to Major Conroy, we came prepared with several pointed and probing questions. To his credit, we found Major Conroy’s responses to be direct and with candor. Based on our inspection we discovered that certain reports from employees regarding alleged harassing phone calls from members of other County Departments likely are unfounded. Every incoming and outgoing call at the center is recorded and can be monitored. Major Conroy gave us specific examples of employees dismissed for misconduct on telephone calls. Center calls can be reviewed at any time and a simple complaint by an operator receiving such a call would likely lead to the call being reviewed and appropriate actions being taken.
Other reports from employees alleging no “Quiet Place” or an inadequate Break Room also did not appear to have veracity as both areas not only appear to be adequate but, in the case of the Break Room, are actually nicer than similar facilities in private industry. The addition of a computer in the Break Room so that operators can check personal e-mail on their lunch breaks is yet another example of positively addressing workplace conditions to provide a better overall work environment. We have made specific recommendations with regard to the 911 Call Center in the “Recommendations to Elected and Appointed County Officials” section of these General Presentments.
INSPECTION OF THE DEKALB COUNTY ANIMAL CONTROL FACILITY
Our inspection of the DeKalb County Animal Control Facility pursuant to O.C.G.A. § 15-12-71 (b) (2) took place on April 21, 2008. We openly express our appreciation to the District Attorney’s Office who, after receiving our request under the above statute, assisted us in our duties by drafting the “Notice of Civil Inspection and Investigation” in a timely manner and arranging transportation thereby allowing us to properly complete our inspection. We were accompanied on our tour by Assistant District Attorney Jessica Harris who is part of the relatively new Animal Cruelty Unit. DeKalb County’s Unit is the only one in the state that regularly prosecutes animal cruelty cases as crimes rather than simply having offenders pay fines.
Inasmuch as this inspection was not amongst those that had been “regularly scheduled” at the beginning of our term, we specifically commend District Attorney Gwendolyn Keyes Fleming, Chief Assistant District Attorney Don Geary, and Grand Jury Secretary Jamita Vortice-Bowden as well as any others who may have had a role in enabling us to expeditiously conduct our investigation. It is encouraging to us, as citizens of DeKalb County, to know that we not only have a District Attorney’s Office whose members provide competent legal counsel on the criminal indictments the Grand Jury hears each day, but also, and despite an extremely heavy caseload, will readily assist and advise the Grand Jury according to the law in properly conducting Inspections and Investigations in furtherance of our other duties.
DeKalb County’s Animal Control facility was built in 1989. It consists of approximately 22,000 square feet with 2,500 square feet of temporary facilities (medical, adoption, and storage). The acting Director of the facility is Major Mooneyham with Sergeant T.C. Medlin serving as Deputy Director and Officer W.H Little serving as Field Supervisor. The facility has two full-time veterinarians, eight office staff, thirteen field officers, and eight kennel personnel. Vacancies exist with Temporary Agencies filling six present kennel positions. Staffing needs were evident and employees earn $21,000 per year starting pay. The Shelter would like to have staff on site at all times, but current budget constraints do not allow animal supervision during the night.
The shelter actually accepts animals other than dogs and cats and has a separate barn and enclosure area. If an animal has a rabies tag, it must be traced. Any animal that leaves the shelter through adoption must have a microchip, all of which operate on the same frequency. Adult animals are fed once daily. Infant and sick animals are fed more frequently.
The animals receive a full complement of vaccinations and other medical care. Dogs and cats are treated for conditions and sicknesses specific to their species. New animals may be quarantined if necessary. Adopted animals must be spayed or neutered before leaving the facility and this procedure has been performed on animals as young as seven weeks with favorable results. The veterinarians have a separate trailer wherein surgeries are performed. Equipped with lift and operating tables, anesthesia machines, an apparatus for sterilizing instruments, a recovery area, and a holding room, the facility appears to offer very good care to the animals treated therein. Injured animals found in the field can be taken straight to the shelter for care instead of having to be taken to a local veterinarian for treatment.
An animal must stay seven days before it can be adopted or euthanized. An animal must stay thirty days if it has a microchip. The facility does not euthanize as long as it has space. It can keep about 250 dogs and 50 cats at any one time (not including offspring of animals already there). While most shelters have about an 8% adoption rate, DeKalb County’s Animal facility has an ambitious goal of a 20% adoption rate. A major contributor to the high “kill rate” is that DeKalb County does not allow pit bulls to be adopted from the facility by any DeKalb County resident. Residents of surrounding counties may adopt pit bulls from DeKalb’s facility (although employees are hesitant to allow it because of the suspicion that such animals may be used in dog fighting) but DeKalb residents, although allowed to own the breed, can not adopt it from our facility. Since a large percentage of the dogs have pit bull lineage, virtually every pit bull that enters DeKalb’s Animal facility is ultimately euthanized.
Improvements to the current facility include the following: New drains have been installed. The kennel area has heat and portable air conditioning units. Floor grates in the cages are new and are flipped weekly thus aiding sanitation as these units are much easier to keep clean. Animal Control vans generally have air-conditioning thus addressing previous reports of animals suffocating while being transported in the summer heat. Finally, a new $6 million, 10,000 square foot building is planned for construction at the present site to provide additional facilities.
We understand we are the first Grand Jury to ever visit the DeKalb County Animal Control facility. We most certainly should not be the last. When the new facility is built (and even before then should that project take longer than currently planned), we strongly recommend that future Grand Juries visit this facility annually to ensure that adequate conditions are maintained for the animals in the County’s care. We were impressed by the compassion and concern shown towards the animals by the staff and how they appeared to do everything they could within the county’s policies and guidelines to provide humane care. We were also appreciative of the forthrightness with which the staff answered our numerous questions. We lend much credence to the principle that how we treat such animals is a reflection on our own humanity. DeKalb County can be proud of the good work the current Animal Control facility staff presently performs each day.
CONCLUSION
As members of the March-April Term, 2008 Grand Jury, we have worked to fulfill our civic duty in serving the citizens of DeKalb County. Several Grand Jury members did so at great personal sacrifice and some with physical discomfort. We commend those Grand Jury members who made an effort to be on time, who listened attentively to all witnesses and cases, who participated in the inspections and investigations, and who diligently did their part to make our Legal system work. We strived to be fair and impartial in the execution of our duties as prescribed by law for both the defendants charged and the citizens of DeKalb County. We fervently hope that our County is a better and safer place to live and reside not only because of our efforts, but because of the efforts of those employed in the service of county, those who work and do business here, and especially those who choose to make DeKalb County their home and who work to strengthen and positively contribute to the quality of life within our diverse communities.
Grand Jury members
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GERALD M STODDARD, FOREMAN
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DQUILLA CARR, ASST. FOREMAN
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PAULETTE MELVIN, SECRETARY
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DEBRA K RUSSELL, ASST. SECRETARY
HELEN ALLEN
MELANIE ANDERSON
ROBERT BANKS
JAVIER BOU
JOANNE CALDWELL
CONLEY CHRISTIAN
BOBBY DENNIS
SANDRA HARMON
ANNIE E. HARRIS
STEVEN JACKSON
MARY BETH C KELLOGG
LUCINDA S H MAHAFFEY
TAMILLIA NEAL
JAMES H PORTER IV
DOUGLAS REDNOUR
THALEESIA SIMS
BETH SMITH
LESLIE ST. JOHN
BARBARA W VINEYARD
ANITA WILLIAMSON
MARY WOOD
ROBERT WOODS JR
ORDER
The within and foregoing presentments have been filed in open Court,
IT IS HEREBY ORDERED that said presentments be filed and published, as requested, in the County Legal Organ.
SO ORDERED this 1ST day of MAY, 2008.
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JUDGE, DEKALB SUPERIOR COURT
STONE MOUNTAIN JUDICIAL CIRCUIT
ACKNOWLEDGED;
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GWENDOLYN KEYES FLEMING
DISTRICT ATTORNEY
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