Alameda Grand Jury Cites O’Malley Administration for Misuse of County Information Technology

The Alameda County Civil Grand Jury investigation revealed a pattern of violations of County policies regarding election-related activities during former District Attorney Nancy O’Malley’s 2018 re-election campaign. The list of violations includes requests from Alameda County District Attorney’s Office staff for donations to support O’Malley’s campaign, attendance at campaign events, distribution of campaign flyers, and participation in photographs that staff believed were taken for use to support O’Malley’s candidacy.

The current District Attorney, Pamela Price, and the entire DA’s office were recused from the investigation. After interviews with more than 30 witnesses and a review of hundreds of pages of documents, the Grand Jury concluded that about 25 DA staffers used county-owned computers and the county-owned-and-operated email system to solicit funds for then District Attorney O’Malley. 

The Grand Jury learned these emails were, sometimes, in coordination with police officer unions, in other cities and counties, to request attendance at campaign events and to discuss campaign strategy during the 2018 campaign for District Attorney.

Witness testimony revealed that policies regarding election-related behavior and County policies, including the Appropriate Computer Use Policy, and the Appropriate Use of Telecommunication and Information Technology Systems Policy, were either not well known or were ignored by DA staff in order to support O’Malley’s campaign. The Grand Jury also found that the prior administration led by Ms. O’Malley, despite knowing that employees acted in violation of County policies, did not hold anyone accountable for the misconduct. The new administration has 60 days to respond to the Grand Jury’s report.

“The Grand Jury uncovered behavior that is unacceptable and especially inexcusable for lawyers,” said District Attorney Pamela Price. “Our new administration will not make those same mistakes or violate the laws and policies ignored by the previous administration. We will not sacrifice our integrity or the public trust for political gain. In the Alameda County District Attorney’s Office of today, you can no longer prosecute the law and violate the law at the same time. While I was not part of the Grand Jury’s investigation, I agree with the Grand Jury - the residents of Alameda County deserve better.”

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