Report 2020-102 Recommendation 15 Responses

Report 2020-102: Public Safety Realignment: Weak State and County Oversight Does Not Ensure That Funds Are Spent Effectively (Release Date: March 2021)

Recommendation #15 To: Alameda County

To ensure that the county reports accurate and consistent information to the Corrections Board, beginning with its next annual report, Alameda should consistently report all law enforcement and non-law enforcement expenditures funded through the accounts that constitute public safety realignment.

1-Year Agency Response

Alameda County respectfully disagrees with the assertion that "Alameda's Partnership Committee's interpretation of the scope of public safety realignment is overly narrow...". Absent legislative clarification, the County does not believe the Partnership Committee is required to review and make recommendations for all realignment accounts including those that fund non-law enforcement departments such as child welfare and behavioral health care services.

California State Auditor's Assessment of 1-Year Status: Will Not Implement

Although Alameda's response does not specifically address our recommendation, we disagree with its insinuation that its Partnership Committee is not required to report to the Corrections Board all law enforcement and non-law enforcement expenditures funded through the accounts that constitute public safety realignment. As we state in the report on page 33, the California Constitution defines realignment legislation as legislation enacted on or before September 30, 2012, related to implementing the state budget plan and assigning responsibilities for public safety services, including various social services through 10 different public safety accounts. Nothing we reviewed in state law or legislative history suggests that the public safety realignment plans prepared by Partnership Committees were limited to activities funded through the Community Corrections account. Given the plain meaning of the relevant statutes, we stand by our conclusion that Alameda's interpretation of public safety realignment funding is overly narrow and that its Partnership Committee should report expenditures from all public safety realignment accounts.

6-Month Agency Response

Alameda County respectfully disagrees with the assertion that " Alameda's Partnership Committee's interpretation of the scope of public safety realignment is overly narrow...". Absent legislative clarification, the County does not believe the Partnership Committee is required to review and make recommendations for all realignment accounts including those that fund non-law enforcement departments such as child welfare and behavioral health care services.

California State Auditor's Assessment of 6-Month Status: Will Not Implement

Although Alameda's response does not specifically address our recommendation, we disagree with its insinuation that its Partnership Committee is not required to report to the Corrections Board all law enforcement and non-law enforcement expenditures funded through the accounts that constitute public safety realignment. As we state in the report on page 33, the California Constitution defines realignment legislation as legislation enacted on or before September 30, 2012, related to implementing the state budget plan and assigning responsibilities for public safety services, including various social services through 10 different public safety accounts. Nothing we reviewed in state law or legislative history suggests that the public safety realignment plans prepared by Partnership Committees were limited to activities funded through the Community Corrections account. Given the plain meaning of the relevant statutes, we stand by our conclusion that Alameda's interpretation of public safety realignment funding is overly narrow and that its Partnership Committee should report expenditures from all public safety realignment accounts.

60-Day Agency Response

Alameda County respectfully disagrees with the assertion that "Alameda's Partnership Committee's interpretation of the scope of public safety realignment is overly narrow...". Absent legislative clarification, the County does not believe the Partnership Committee is required to review and make recommendations for all realignment accounts including those that fund non-law enforcement departments such as child welfare and behavioral health care services.

California State Auditor's Assessment of 60-Day Status: Will Not Implement

Although Alameda's response does not specifically address our recommendation, we disagree with its insinuation that its Partnership Committee is not required to report to the Corrections Board all law enforcement and non-law enforcement expenditures funded through the accounts that constitute public safety realignment. As we state in the report on page 33, the California Constitution defines realignment legislation as legislation enacted on or before September 30, 2012, related to implementing the state budget plan and assigning responsibilities for public safety services, including various social services through 10 different public safety accounts. Nothing we reviewed in state law or legislative history suggests that the public safety realignment plans prepared by Partnership Committees were limited to activities funded through the Community Corrections account. Given the plain meaning of the relevant statutes, we stand by our conclusion that Alameda's interpretation of public safety realignment funding is overly narrow and that its Partnership Committee should report expenditures from all public safety realignment accounts.

All Recommendations in 2020-102

Agency responses received are posted verbatim.