2013-2014 GJ Handbook.docx
Santa Cruz County
Grand Jury Handbook
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Revised 2013-2014
Table of Contents
Introduction
History of the Grand Jury in America
Grand Juries in California
Introduction
Qualifications of Grand Jurors (PC §893)
Selection of Grand Jurors
Carryover Jurors
Impanelment and Charge by Court
Functions of the Grand Jury
Overview
Watchdog Function
General Responsibilities
Facilities
Grand Jury Room
Lights Code
Voice Mail
Using the Copier
Computer and Other Office Equipment
Scanner
Audio Recorders
Grand Jury Room Maintenance
Room Courtesy
Officers
Governing Penal Codes
Foreperson
Duties and Responsibilities
Foreperson Pro Tempore
Duties and Responsibilities
Recording Secretary
Duties and Responsibilities
Corresponding Secretary
Duties and Responsibilities
Parliamentarian
Duties and Responsibilities
Information Secretary
Duties and Responsibilities
Treasurer
Duties and Responsibilities
Librarian
Duties and Responsibilities
Committees
Introduction
Audit and Finance
Cities and County
Criminal Justice
Health and Human Services
Schools and Libraries
Special Districts
Editorial and Continuity
Publicity
Operations
Orientation
Initial Jury Meeting
Meetings
Rules of Procedure
Quorum
Media Releases
Confidentiality
Conflict of Interest
Purchasing Procedures
Per Diem and Mileage Reimbursement
Juror Absences, Resignations, and Replacements
Rules of Conduct and Collegiality
Citizen Complaints
County Audit Committee
Reports
Proposal and Investigation Process
Interview Techniques
Subpoenas
Final Reports
Draft Report Format
Time Considerations
Editing the Final Report
Final Verification Interviews
Libel
Distribution of the Final Report
Cover Letter to Respondents
Responses to the Final Report
Reminder Letters
Publication of the Responses
Continuity
Resources
Superior Court Judge
Superior Court Judge
District Attorney
County Counsel
California State Attorney General
County Administrative Officer
Law Library
California Grand Jurors’ Association
Appendix A- Citizen Complaint Form
Appendix B – Sample Form Letter Responses to Complaints
Appendix C - Complaint Status Form
Appendix D - Complaint Log Form
Appendix E - Grand Jury Admonition Form
Appendix F – Codes and Acts Relating to the Grand Jury
Appendix G – Contacts and Websites
Appendix H – Investigation Proposal Guidelines
Appendix I - Grand Jury Year Timeline
Appendix J – Editorial Timeline
Appendix K - Formatting Final Report
Appendix L - Glossary
Appendix M - Grand Juror Exit Form
Appendix N - Work Plan Table
Appendix O - Media List
Introduction
The Santa Cruz County Grand Jury Handbook is a guide to the procedures and rules to be followed by grand jury members. Previous grand juries developed the handbook relying heavily on the California Grand Jury Association’s Syllabus for Grand Jurors, training seminar materials, and web site (), and personal experience. Each grand jury is free to adopt procedures and modify the handbook, except matters mandated, limited, or prohibited by law.
This handbook and the accompanying appendices detail the obligations and responsibilities of a grand jury. In addition, the handbook describes the legal authority under which the grand jury operates, the laws that govern its activities, and the resources available during a term of office. Rules of procedures, duties of officers, and suggested committees are also included.
The section on Confidentiality requires careful review because topics, issues, and discussion of the grand jury must be kept in strict confidence.
Grand jurors are encouraged to read the handbook as soon after impaneling as possible. Becoming acquainted with obligations and responsibilities will enable grand jurors to perform their duties.The grand jury may seek advice through the Foreperson, the Santa Cruz County Counsel, the Santa Cruz County District Attorney, or the supervising judge of the Santa Cruz County Superior Court.
The grand jury is one of the oldest, most respected, and powerful institutions in the United States. Santa Cruz County has two types of grand juries. The civil grand jury consists of 19 private citizens selected, interviewed, and impaneled by the supervising judge of the Superior Court. This investigative body serves for one year, with the option of serving a second year. In contrast, a criminal grand jury issues indictments, is called on a case-by-case basis by the district attorney, and serves a limited term.
The civil grand jury has three primary functions:
1. Selectively audit local governmental agencies and officials
2. Investigate citizen complaints
3. Publish its investigative findings and recommendations to improve governmental operations
The orientation for civil grand jury members includes information about elected officers, departments, and agencies of county and municipal governments. Before formal inquiries are begun the grand jury may confer with county and city governments, compile relevant information, and tour facilities. The grand jury plans each year’s agenda by considering:
1. Powers of the grand jury as set forth in the California Government and Penal Codes
2. Previous grand jury recommendations and subsequent responses
3. Questions that arise during orientation and training
4. Written complaints from the public
5. Meeting minutes of the Santa Cruz County Board of Supervisors, cities, school districts, and special districts
6. Visits to county, city, and special district facilities
7. Local media articles
The work of the grand jury involves planning, researching, interviewing, compiling, and analyzing information, and report writing. Unlike the criminal grand jury, the civil grand jury must direct itself. Subsequent grand juries should update this handbook on a regular basis as needed.
History of the Grand Jury in America
The first formal grand jury was established in Massachusetts in 1635, and by 1683 grand juries in some form were established in all the colonies. Pennsylvania records include a number of early grand jury indictments: in 1651 for holding a disorderly meeting, in 1683 for witchcraft, and in 1685 and 1703 for various crimes. A Pennsylvania presentment in 1685 called attention to various public evils and suggested specific public improvements.
In New York in 1735, an attempt was made to indict John Peter Zenger on the charge that he had libeled the royal governor. The grand jury refused to indict. Zenger was later charged by information filed by the attorney general, tried, and acquitted by a trial jury. In 1765, a Boston grand jury refused to indict leaders of protests against the Stamp Act.
The U.S. Constitution as originally written in 1787 contained no reference to the grand jury. This was remedied by the addition of the Fifth Amendment that provides: “No person shall be held to answer for a capital or otherwise infamous crime, unless on a presentment or indictment of a grand jury, except in cases arising in the land or naval forces or in the militia, when in actual service in time of war or public danger…”
Through the Fourteenth Amendment, most of the provisions of the Bill of Rights of the U.S. Constitution have been made applicable to the states. However, this is not true of the guarantee of indictment by grand jury. In California for example, the use of indictment authority is optional.
Grand Juries in California
Introduction
Laws regarding the makeup, organization, powers, and duties of a grand jury are found in the California Penal Code (PC). “A grand jury is a body of the required number of persons returned from the citizens of the county before a court of competent jurisdiction and sworn to inquire of public offenses committed or triable within the county.” (PC §888)
The civil grand jury is a panel charged with investigative duties. It is part of and convened by the superior court. It does not have legislative or administrative functions, and it is not a police agency. The civil grand jury is a citizen oversight committee intended to investigate complaints about, and randomly audit, local governmental agencies and officials. It publishes investigative findings and recommendations for improving governmental operations. The grand jury also has the authority to seek the indictments in response to findings of criminal conduct or malfeasance in office.
PC §888.2 states, “As used in this title as applied to a grand jury, required number means:
● Twenty-three in a county having a population exceeding 4,000,000;
● Eleven in a county having a population of 20,000 or less, upon approval of the board of supervisors; and
● Nineteen in all other counties.”
Qualifications of Grand Jurors (PC §893)
A person is competent to act as a grand juror only if all of the following qualifications apply:
1. United States citizen
2. 18 years or older
3. A resident of the state and of the county for one year immediately before selection
4. Has possession of natural faculties, ordinary intelligence, sound judgment, and fair character
5. Has sufficient knowledge of the English language
A person is not qualified to act as a grand juror if any of the following apply:
1. Serving as a trial juror in any court of this state
2. Has been discharged as a grand juror in any court of this state within one year
3. Has been convicted of malfeasance in office or any felony or other high crime
4. Is serving as an elected public officer
Selection of Grand Jurors
Section 17 of the Standards of Judicial Administration prepared by the Judicial Council of California recommends: “The list of qualified candidates prepared by the Jury Commissioner to be considered for nomination to the regular grand jury should include recommendations for grand jurors that encompass a cross section of the county’s population base solicited from a broad representation of community-based organizations, civic leaders and superior court, municipal and justice court judges and commissioners…and from applications of interested citizens solicited through the media or mass mailing.”
Each year, the County of Santa Cruz selects its grand jury through a combination of random selection and personal interviews. This process allows participation by a varied segment of the county population. Those selected commit to a minimum of fifteen hours per week. Grand jury service is voluntary and is for a one-year period, from July 1 to June 30.
The Jury Commissioner sends out more than 11,000 questionnaires requesting information concerning jury eligibility and interest. The letters are sent to county residents randomly selected from voter and Department of Motor Vehicles registries. Those who express interest in serving are invited to an orientation meeting where a discussion is held covering the duties and responsibilities involved in being a grand juror. During the initial orientation meeting, prospective grand jurors are given the opportunity to ask questions of current grand jurors. If those prospective jurors are still interested in serving, about sixty are scheduled for a personal interview with the grand jury’s supervising judge.
After the judge conducts the interviews, he/she selects a pool of 30 candidates. These thirty candidates may consist of all new selections, or some new selections and some carryovers from the outgoing jury. From these thirty, nineteen people minus carryovers are selected at random. The remaining ones from the pool are the alternates. The supervising judge then swears in the new grand jury. After impaneling the grand jury, the judge then appoints one juror to be the foreperson.
Carryover Jurors
Each year there may be members of the current grand jury who wish to serve an additional year. Their names are submitted to the superior court judge for approval. “If the superior court so decides, the supervising judge may name up to ten regular jurors not previously so named, who served on the previous grand jury who so consent, to serve for a second year.” (PC §901(b))
Impanelment and Charge by Court
When the required number of jurors has been selected by the superior court, each member of the grand jury shall take the oath.
“When the grand jury is impaneled and sworn, it shall be charged by the court. In doing so, the court shall give the grand jury such information as it deems proper or as is required by law, as to their duties and as to any charges for public offenses returned to the court or likely to come before the grand jury.” (PC §914)
Functions of the Grand Jury
Overview
“Grand Jurors are officers of the court, and the jury itself is a component of the Superior Court.”[1] As such, “the grand jury can function only as a body under and according to and within its legal authority.”1 Individual jurors do not have legal authority to act outside of the grand jury body. A comprehensive list of grand jury functions may be found in PC §914-939 (summarized in Appendix F). To accomplish its objectives, the grand jury performs a series of formal and informal actions:
1. Chooses officers
2. Forms work groups and committees
3. Reviews and evaluates citizen complaints
4. Selects topics for investigation(s)
5. Plans the scope of investigation(s)
6. Writes proposals for presentation and approval by the full panel
7. Conducts investigation(s)
8. Writes the final report for presentation and approval by the full panel, county counsel, and the supervising judge
9. As agreed to by the full panel, drafts and publishes continuity reports based on the responses to previous investigations
10. May reopen an investigation based on responses to previous investigations
11. May engage in joint investigations with other counties regarding multi-county issues
Watchdog Function
The California State Constitution mandates each county to appoint a civil grand jury to perform an oversight or “watchdog” function. As such, grand juries have prescribed legal responsibilities under the Penal Code.
As part of its powers and duties, the grand jury:
1. Shall investigate and report on the operation of county government to ensure it is being administered efficiently, honestly and in the best interest of citizens (PC §919, 925, 928)
2. Shall issue a report on the needs and operation of county departments (PC §928, 933)
3. Shall audit books, records and accounts of all county offices or may contract for an auditor to conduct such audits (PC §925)
4. May examine the fiscal records of any incorporated city, may investigate and report upon the fiscal matters of any such city, and may make recommendations (PC §925a)
5. May examine the books and records of a special district located wholly or partly in the county and may investigate and report on the method and system of performing the duties of such district (PC §933.5)
6. Shall report and make recommendations on its own audit of county records and accounts; shall report on county officials’ records and accounts as ex officio officers of any district (PC §925)
7. May order the district attorney to sue for money the jury feels is due and owed the county (PC §932)
8. Shall investigate and report on the need for an increase or decrease in salaries of elected county officials when requested by the Board of Supervisors or on its own initiative (PC §927)
9. May study the final reports and recommendations of recent grand juries for improvements in county government
10. May act as an ombudsman, receiving letters from citizens or agencies and making inquiries and/or recommendations as to the matters referred to the grand jury
11. May inquire into the case of every person imprisoned in the county jail on a criminal charge and not indicted (PC §919a)
12. Shall inquire into the condition and management of public prisons within the county (PC §919a b)
13. May investigate and inquire into all sales and transfers of land and into ownership of land that might by law escheat to the State of California (PC §920)
14. Shall be available for forty-five days after the end of the term to clarify the recommendations of the report. This applies to the foreperson and his or her designees (PC §933a)
General Responsibilities
Each grand juror is expected to participate in at least one committee and preferably two (with the exception of the foreperson), participate in investigations, assist in preparing reports, and regularly attend and participate in full panel meetings. In addition, members of the grand jury should:
1. Know and adhere to the rules on conflict of interest and confidentiality
2. Comport themselves with the utmost integrity to maintain and preserve the grand jury’s image of impartiality and fairness. Any appearance of impropriety can undermine the grand jury’s work as easily as actual impropriety
3. Adhere to all rules voted on by the grand jury, including treating other jurors courteously and professionally, confining discussion to the subject at hand, and not taking disagreements personally
4. Be courteous, professional, respectful, and firm to those being interviewed
5. Carefully document and provide citations for all sources of information used during an investigation. This information is essential for writing final reports
6. Consult with the editorial committee members with questions regarding documentation styles and conventions
7. Attend all full panel and committee meetings when possible. Advise the foreperson or chairperson when not able to attend a meeting
8. Fill out and return forms in a timely manner
9. Answer the phone when in the grand jury room. Transmit messages to the appropriate person via telephone, email, or delivery to that juror’s personal inbox
10. Check personal inbox regularly
11. Keep the Grand Jury Room clean and orderly. Jury room cleanup is every juror’s responsibility. There are no janitorial services inside the room. If a wastebasket is full, place it in the hall outside the Jury room to be emptied by the janitor
12. Recycle grand jury materials confidentially. There is a basket by the table near the files. All jurors share the responsibility for recycling papers. Take paper recycling to Room 010 in the basement, wait to be buzzed in, and place the materials in the locked drums. Jurors may also use the paper shredder near the computer if it is working
13. Do not use the grand jury computer for personal reasons. Aside from the possibility of introducing viruses, spyware, or other computer problems, our contract with the county requires us to use computers only for grand jury business
14. Check email messages frequently to keep up to date on jury matters
Facilities
Grand Jury Room
The grand jury room is located on the third floor of the county building, next to the State Legislative Offices, in Room 318-I. The street address is
701 Ocean Street
Santa Cruz, CA 95060
The phone number is 831-454-2099.
Lights Code
The lights in the county building are automatically controlled. Around 6:30 pm, the lights will flash off and on as a warning that they are about to turn off. Unless something is done, the lights will turn off in about ten minutes. To keep the lights on past their automatic turn-off time, use the phone in the grand jury room to:
● Call extension 2196
● Wait for the beep to end
● Enter the lights-on code: 32051# (conference area) or 32031# (computer area and Legislative Conference Room)
● Hang up
Once the lights-on code is sent, the lights will remain on for an hour or until the lights-out code is sent. To turn the lights off (not required):
● Call extension 2196
● Wait for the beep to end
● Enter the lights-off code: 32050# (conference area). Do not enter 32030# (computer area) because it also turns off the lights in the hallway and Legislative Conference Room
● Hang up
Voice Mail
Retrieving voicemail messages and forwarding messages to the appropriate juror(s) is a shared responsibility of all jurors. Waiting messages are indicated by a flashing light on the phone in the grand jury room. To access the voicemail system from the phone in the grand jury room, press the flashing light on the phone, and then at the prompt type the password ‘xxxx’. Detailed instructions are posted on the phone.
Using the Copier
The password for the copy machine will be maintained on the inside of the door to the Grand Jury room. It is currently xxxx.
Step One: Make sure the machine is powered on. During business hours the machine will most likely be in sleep mode. Pressing any button will wake it up. If not, press the power button located on the side of the upper right of the control panel.
Step Two: On the touch screen press User Name List, select GRAND JURY, then press OK. Next enter in the current password and press OK. Now press LOGIN in the bottom right hand corner of the screen.
Step Three: Make your copies. Be sure to select the correct orientation and size of paper on the screen.
Step Four: When finished press the yellow Reset button to clear the memory. Then press the Access button (has a lock and key logo on the button) located in the left side of the top row of the keypad. Then press Log Off to complete your session and ensure that we do not get billed for copies from other agencies. The machine will put itself to sleep after a predetermined idle period. If making copies after regular business hours please power down the machine by pressing the power button located on the side of the upper right of the control panel.
Computer and Other Office Equipment
The grand jury uses a private online Google Docs domain to communicate and to share and edit documents. Grand Jurors are provided with an account in the form ‘xxxx@scgrandjury.xxx’ to allow access. Please note that if you have one or more other (non-jury-related) Google accounts, it is important to sign in to the version in order to have full access to files and messages.
The grand jury room has a PC, which is leased from the county. On the computer’s desktop are folders of information from previous grand juries pre-dating the Google Docs era. Each committee has its own folder inside this main folder. For example, in the grand jury folder, the correspondence folder contains all the standard form letters used by the grand jury.
The computer is connected to the Santa Cruz County Intranet and also the Internet. The County has an Intranet system which can be accessed from the computer in the Grand Jury room by double clicking on the Firefox icon labeled "County Intranet." The Intranet provides phone numbers and useful forms. The passwords to access the desktop and Internet are changed several times a year. If any assistance is needed for the physical computer, software on that computer, Intranet, and County wifi, notify the ISD helpdesk, available at 454-2901.
On the Santa Cruz County web site you can find the grand jury under “Departments.” The grand jury web page contains background on the grand jury, a printable complaint form in both Spanish and English, and previous final reports and responses to the final reports. The webpage address is The email address is grandjury@co.santa-cruz.ca.us.
The grand jury room also has a laser printer, a Brother ADS-2000 scanner, a shredder, and a donated laptop computer that is for grand jury room use only.
Scanner
There is a scanner available for grand jury use in the lobby of the County Administrator’s Office. Do not use the CAO scanner for confidential materials because the CAO copier and scanner have internal memory. If the Grand Jury office scanner is not available, a juror may use a personal scanner and then erase confidential data from the device.
To scan a general document using the CAO’s eCopy Station:
1. Place the document(s) to be scanned in the copier input tray
2. If you need to change the paper orientation or change from black and white to color scanning, click “Scanner Settings” on the eCopy screen
3. Click SCAN AND MAIL (then be patient)
4. The screen will display the pages as they scan and the number of pages total. Confirm that all pages have been scanned properly. You can scroll up and down to verify each scanned page
5. Click NEXT (then be patient again)
6. The screen will ask for your network username and password (this is your GDJ001 account). Enter these, then click NEXT
7. It will then prompt you to enter the recipient’s name(s), then click SEND
8. Click DONE
9. Your document has been sent to the recipient(s), and you are logged out of eCopy
Audio Recorders
Jurors are encouraged to use an audio recorder during their information-gathering interviews, unless the presence of a recorder might make the interviewee less willing to be candid. Using audio recorders where possible helps to ensure the accuracy of facts presented in the final report. Olympus audio recorders are available in the Grand Jury room for this purpose. Instructions on how to use the recorders can be found on the Olympus website at files/oima_cckb/ws-710m_ws-700m_ws-600s_instructions_en.pdf.
If using the Olympus recorder, make sure that the red light is on during recording. As soon as possible after the interview, upload the file from the recorder to the committee’s work area on Google Docs. Verify that the uploaded recording works, then reformat the Olympus recorder to preserve confidentiality and make the device available for the next user.
Personal audio recorders (for example, a smartphone app) may also be used, but keep in mind our duty to maintain strict confidentiality. Sound files should be uploaded to the committee’s Google Docs area, verified to be sure they are correctly loaded, and then deleted from the original device. Each committee is responsible for managing its own audio recordings.
Grand Jury Room Maintenance
There is no regular janitorial service in the grand jury room. Keeping the area neat, clean, and safe is a shared responsibility of all jurors.
The grand jury participates in the county’s recycling program. Each juror is responsible for putting cans, bottles, and newspapers in the appropriate bins in the hall outside the room.
Individual jurors may not bring or install personal household appliances or furniture in the jury room without prior approval of the jury.
Each committee chair is responsible for ensuring that committee materials are filed in the appropriate cabinet. For personal safety, avoid placing items on top of the storage cabinets. Excess equipment should be brought to the attention of the Librarian for prompt disposal in accordance with county regulations.
Room Courtesy
When a committee is conducting a meeting or interview in the room, it has priority and control over the room’s use. Other jurors should refrain from activities or phone conversations that might be disruptive. For a particularly sensitive interview, committees may wish to post the red “Do Not Enter” sign on the door.
Officers
Governing Penal Codes
The two cited codes below describe the structure of the grand jury:
“Each grand jury shall choose its officers, except the foreman, and shall determine its rules of proceeding. Adoption of its rules of procedure and all public actions of the grand jury, whether concerning criminal or civil matters unless otherwise prescribed in law, including adoption of final reports, shall be only with the concurrence of that number of grand jurors necessary to find an indictment pursuant to Section 940. Rules of procedure shall include guidelines for that grand jury to ensure that all findings included in the final reports are supported by documented evidence, including reports of contract auditors or consultants, official records, or interviews attended by no fewer than two grand jurors and that all problems identified in a final report are accompanied by suggested means for their resolution, including financial, when applicable.” (PC §916)
“An indictment cannot be found without concurrence of at least 14 grand jurors in a county in which the required number of members of the grand jury prescribed by Section 888.2 is 23, at least eight grand jurors in a county in which the required number of members is 11, and at least 12 grand jurors in all other counties. When so found it shall be endorsed, “A true bill,” and the endorsement shall be signed by the foreperson of the grand jury.” (PC §940)
Foreperson
“From the persons summoned to serve as grand jurors and appearing, the court shall appoint a foreman. The court shall also appoint a foreman when the person already appointed is excused or discharged before the grand jury is dismissed.” (PC §912)
Duties and Responsibilities
1. Acts as the official spokesperson of the grand jury
2. Establishes an official grand jury calendar
3. Calls meetings and prepares meeting agendas
4. Presides at meetings and encourages efficient transaction of business
5. Reviews emails received at the grand jury’s general inbox and routes these appropriately
6. Supports and acts as ex officio member of all committees and may choose to serve actively on any committee with no more authority than any other committee member, but may not assume the role of committee chairperson
7. Provides committee coordination by consulting with chairpersons and requesting progress reports
8. Reassigns committee chairpersons with approval of the committee members
9. Votes on all issues as an individual grand jury member
10. Collects keys and materials from resigning grand jurors
11. Remains available for 45 days following term to clarify the final report recommendations
12. Ensures Conflict of Interest and W-9 forms are completed by all jurors
13. Distributes keys and parking permits to jurors
14. Arranges press conferences and serves as the primary spokesperson at press conferences for the final report and responses to the previous year’s grand jury report
15. Performs the following duties on behalf of the grand jury with prior approval of a minimum of 12 grand jury members:
○ Signs all official reports of the grand jury, including the final report, during the term of service
○ Signs all communications of the grand jury, including news releases
○ Signs all indictments and accusations and presents them to the court
○ Consults with the supervising judge and the deputy county counsel, as directed by the jury, and reports back to the full grand jury
○ Invites the judge to appear before the full panel as requested by the grand jury
○ Administers oaths to witnesses before the full grand jury
The foreperson, and preferably also the pro tem, should meet with the Deputy County Counsel, the judge, the District Attorney, and the CAO representative early in the year.
Foreperson Pro Tempore
The Grand Jury Foreperson Pro Tempore assists and advises the foreperson as needed. In the absence of the foreperson, the foreperson pro tempore assumes all the functions of the foreperson, including the authority to administer oaths and sign indictments (PC §916.1). In the case of prolonged or permanent disability of the foreperson, the foreperson pro tempore acts as foreperson until the court has named a substitute.
Duties and Responsibilities
● Acts as the foreperson when the foreperson must be absent
● Assists and counsels the foreperson on procedure, issues concerning jurors, committee responsibilities, and the morale, efficiency, and well-being of the grand jury
● Organizes the incoming jury orientation with or without an official Orientation Committee. This consists of reserving the Grand Jury Room or the Conference Room for a post swearing-in meeting, purchasing snacks for the meeting within the jury’s budget (after consulting with the CAO, usually about $100), and working with the incoming foreperson to prepare the orientation agenda and materials
Recording Secretary
Duties and Responsibilities
The Grand Jury Recording Secretary notifies grand jurors of upcoming full panel meetings and records the grand jury meeting minutes, including the following:
1. The meeting time convened
2. Roll call documenting the first names of attending and absent jurors
3. Names of persons other than jurors attending the meeting
4. Hour and minute a juror leaves the meeting and the hour and minute the juror returns to the meeting
5. That a quorum of at least twelve jurors is present at all times during deliberations or voting. He/she advises the foreperson when conditions regarding quorum are not being met
6. That witnesses are sworn, advised of their rights, and admonished not to discuss grand jury proceedings
7. Any motions or actions of the grand jury without identifying votes cast by individual jurors. Motions are recorded as either “passed” or “not passed,” ensuring the confidentiality of individual votes
8. Any reports submitted by committees or actions taken by the grand jury
The recording secretary also maintains grand jury meeting attendance records separately from the regular minutes. He/she shares the minutes (via Google Documents) with the full panel after each meeting. Lastly, the secretary files attendance rosters, accusation hearings, and other official records as the foreperson requests.
Corresponding Secretary
The Grand Jury Corresponding Secretary assists the foreperson in preparing any grand jury correspondence, including responding to citizen complaints and maintaining the complaint files. The corresponding secretary works closely with the information secretary.
Duties and Responsibilities
1. Prepares grand jury correspondence for the foreperson’s signature. Only the foreperson is authorized to sign all grand jury correspondence. Individual jurors are not authorized to correspond or email regarding grand jury matters or actions
2. Acknowledges receipt of letters received by the grand jury, including requests for information and complaints. Includes a brochure with each letter.
3. Checks GJ room phone for messages and forwards them accordingly .
4. Prepares copies of complaints received for the foreperson and appropriate committee chairpersons
5. Files the original complaint form with any supplemental materials in the complaint binder kept in the grand jury room
6. Reports on the status of complaints to the grand jury
7. Logs the complaint
8. Receives and distributes grand jury mail
9. Forwards items of interest to the appropriate committee chairperson
10. Keeps a supply of complaint forms for the public, in both English and Spanish, in the box outside the jury room
Parliamentarian
Duties and Responsibilities
● Consults with the foreperson on procedural matters during meetings in an advisory capacity under the parliamentary law adopted by the grand jury
● Confirms the foreperson’s authority to rule on questions of order or procedure
● Utilizes Robert’s Rules of Order as a guideline for acceptable procedures for meetings
● Acknowledges that specific grand jury guidelines may differ from the Robert’s Rules of Order, and that the grand jury rules apply. For example, Robert’s Rules state that once a quorum is reached, a simple majority of those present can pass a motion. However, grand jury rules state that 12 votes are necessary whether there are twelve or nineteen members present
Information Secretary
The Grand Jury Information Secretary oversees computer and Internet operations for the grand jury.
Duties and Responsibilities
1. Supports the use of Google Documents to organize all grand jury information and communication
2. Maintain a list of all members, their addresses, email addresses, and telephone numbers. Updates Homepage as necessary
3. Maintain a list of all committee assignments, committee chairpersons, and committee meeting schedules
4. Works with the county’s information services liaison
5. Facilitates the grand jury’s Final Report, Responses, and Continuity posts on the Santa Cruz County’s web page
6. Maintains the grand jury computer system
7. Assists jurors as needed with using the website and Google Documents
8. Organizes and maintains the Grand Jury website
9. Works closely with the corresponding secretary to email communications
10. Conducts information technology training sessions
11. Changes grand jury’s computer password when required
12. Maintains electronic equipment in the Grand Jury Room.
Treasurer
The Grand Jury Treasurer should have knowledge of accounting systems and be able to learn how the Santa Cruz County system works. The treasurer handles all financial transactions of the grand jury. Some familiarity with Microsoft Excel is required.
Duties and Responsibilities
1. Analyzes expenses charged to the grand jury for accuracy
2. Reviews prior year expenses to forecast current year budget
3. Receive email from CAO with Excel spreadsheets showing expenses by month and type
4. Provides mileage and meeting expense reimbursement forms to jurors. Note: the CGJA training seminar registration fee should be billed to the CAO, who will pay the CGJA directly. Each juror should submit reimbursement requests for their mileage and per diem (lunch and lodging if needed)
5. Collects reimbursement forms at the end of each quarter and assists the jurors with form completion as necessary
6. Submits reimbursement forms to the foreperson for signature, and retains copies
7. Processes and forwards bills relating to the grand jury to the County Administrator’s Office (CAO) for payment
8. Reviews grand jury communications regarding budgeting and finance
9. Provides the full panel with a quarterly report on expenditures and allocations
10. Reviews the annual budget submitted by the CAO
11. Achieves familiarity with the accounting system utilized by Santa Cruz County
Librarian
Duties and Responsibilities
1. Ensures that hard copy files are current and organized
2. Maintains and improves the reference library for the grand jury with essential resource materials and research information
3. Keeps complaint and correspondence files for three to four years
4. Files final reports and responses for indefinite storage
5. Stores committee research files for the current and previous years
6. Works closely with the information secretary to ensure proper Google Docs structure and organization of grand jury online documentation
7. Orders supplies as needed and as the budget supports
8. Notifies grand jury of county agency meetings when announcements of impending meetings are received, and files the agendas
Committees
Introduction
The full panel of the grand jury is the decision-making body. Work is completed by standing committees and by ad hoc committees formed in response to special needs. Generally, the committees are investigatory. Editorial/Continuity, Orientation, and Publicity committees do not conduct investigations. Each grand jury sets its own procedures and committee structure within the confines of the penal code. It is the decision of each new panel to retain, modify, or reorganize the committee structure. The Santa Cruz Grand Jury usually has six to nine committees.
Committees may propose an investigation on any subject within the scope of the committee’s focus. Grand jury investigations must be initiated or terminated by vote of the full panel. To deliberate and vote on committee business, a quorum is required. A committee quorum is half the members of the committee plus one. For example, a committee consisting of five members requires the presence of three members to achieve a quorum. Each committee elects a chairperson and may or may not elect a secretary. The chairperson is responsible for chairing the meetings, preparing meeting agendas, and reporting committee activities to the full panel. The secretary prepares, distributes, and maintains meeting minutes as necessary. Investigative committees also elect a lead writer for their reports. This person is the coordinator for the committee’s writing activities and their liaison to the editorial committee.
Once committee assignments are made, the committee will meet to determine meeting times and elect officers. Committees should carefully evaluate what they would like to accomplish during the year in order to focus the scope of their general inquiry. Researching the work of previous grand juries can provide some guidelines and save time and duplication of effort. Any committee may request that previous grand jurors discuss their work on prior reports, particularly pertaining to ongoing concerns.
Throughout the year, there will be citizen complaints against various government departments. These complaints will be assigned to the appropriate committee, may be discussed in open panel, and may be urgent enough to take precedence over other studies.
Committee meetings are conducted in the same manner as meetings of the whole jury, except the chairperson presides and the foreperson, when present, is merely an ex officio member of the committee.
All committee investigations must be approved by a quorum of the entire grand jury (at least 12 jurors). Each committee drafts one or more reports for inclusion in the final report. Each committee report is submitted to the editorial committee for editing and then to the grand jury for final approval by a quorum vote.
All meeting observations, investigations, inspections, and fact-finding forays shall be made in groups of two or more for the jurors’ own protection, as well as to assure accuracy and fairness in reports (PC §916). A juror should never conduct interviews, even by telephone or email, alone. Committees should maintain files on each project, complaint, or other matter assigned to it.
Audit and Finance
The Grand Jury Audit and Finance Committee investigates and reports on the accounts and records of county offices, departments, and functions. These include the cities and special districts within the county. The audit and finance committee is also available to share its expertise with other committees in their investigations as needed. In addition, to fulfill the grand jury and/or county requirement to perform an independent audit of county finances (Penal Code §925 and Government Code §25250), two members of this committee serve as members of the County of Santa Cruz Audit Committee. As with other committees, the Audit and Finance Committee may not be formed in any given year.
Cities and County
The Grand Jury Cities and County Committee oversees and investigates the operations of city and county governments. This committee makes public recommendations to encourage the cities and the county to perform their functions more efficiently.
This committee’s jurisdiction includes the four incorporated cities (Capitola, Santa Cruz, Scotts Valley, and Watsonville), as well as the unincorporated county. Jurisdiction for investigations also extends to any private or non-profit enterprise that receives funds from any of the above.
Criminal Justice
The Grand Jury Criminal Justice Committee is charged with annually reviewing all the detention facilities in Santa Cruz County (PC §919). These facilities include the Main Jail located on Water Street, the Women’s Facility on Blaine Street, Juvenile Hall on Graham Hill Road, the Rountree Facility in Watsonville, the Court Holding facilities in Santa Cruz and Watsonville, and the California Department of Corrections and Rehabilitation Conservation Camp 45 in Ben Lomond. Additionally, the committee may want to review the police departments in Santa Cruz, Watsonville, Scotts Valley or Capitola, the Sheriff’s Department, or other areas involving local law enforcement. Furthermore, this committee reviews complaints that are brought to the grand jury’s attention involving the criminal justice system, Sheriff’s Office, or the jail facilities. Finally, this committee in particular is encouraged to participate in the ride-along program offered by the local law enforcement agencies.
Health and Human Services
The Grand Jury Health and Human Services Committee (HHS) investigates programs and services operated directly by, or under contract with, the County of Santa Cruz Human Services Department (HSD). HSD deals with public assistance to adults and children, child protective services, conservatorship, and various programs that provide training and job placement assistance designed to assist citizens into productive lifestyles and away from public assistance. HHS may also investigate issues relating to the Santa Cruz County Health Services Agency (HSA), which covers public health, environmental health, mental health, and substance abuse, as well as clinic services.
Schools and Libraries
The Grand Jury Schools and Libraries Committee may review and investigate non-curricular issues in school districts, public schools, charter schools, the county office of education, and community colleges in Santa Cruz County. While the Grand Jury can’t discuss the merits of curriculum, it can investigate how curriculum is implemented. The committee may also review and investigate either of the two public library systems (Santa Cruz and Watsonville) within the county.
Special Districts
The Grand Jury Special Districts Committee is charged with reviewing the operations and governance of the three types of special districts within the county. There are more than 90 special districts that provide a variety of services such as fire, water, or recreation. The three types are:
1. Autonomous special district, governed by a five member board of directors which is elected every four years within the district. The district is supported by revenue from property taxes, sales (e.g. water), or assessments.
2. Independent special district (e.g. transit), governed by a board of directors within a county or city and overseen by the County Board of Supervisors or a city council.
3. Dependent special districts (e.g. road maintenance), operating under the immediate control of the Board of Supervisors or a city council.
Depending on the type of district being reviewed, the respondents will vary from a board of directors, the County Board of Supervisors, a city council, or in some cases, the Local Agency Formation Commission (LAFCO).
Editorial and Continuity
The Grand Jury Editorial Committee is charged with report publication. To that end, the committee:
1. Prepares a timetable for preparation and approval of final reports and monitors progress so that the final report is issued on time
2. Recommends the format of individual reports and the overall final report to the grand jury for vote
3. Monitors responses to the prior final report to verify compliance with California Penal Code §933.05 and prepares a continuity report if appropriate
4. Collects, maintains, edits, integrates and compiles hardcopy and digital versions of responses to the previous year’s final reports and publishes those in a “final report with responses” format
5. Edits draft reports submitted by committees for uniformity of style, organization, comprehension, completeness, and accuracy of content
6. Ensures that reports adopted by the grand jury are reviewed by the county counsel (or district attorney in case of conflict), and the supervising judge prior to signature by the foreperson
7. Verifies that both the final report and the prior year’s final report with responses have been distributed electronically to the public, the media, and to affected government departments and agencies
8. Reviews and coordinates corrections and additions to the Santa Cruz County Grand Jury website
9. Prepares documents using Microsoft Office and Google Docs
In addition to editorial responsibilities, the editorial committee usually functions as the Grand Jury Continuity Committee. Continuity Committee duties include:
● Monitoring, collecting, and publishing responses to the previous grand jury report
● Analyzing responses to the previous report and if necessary issuing a continuity report that highlights non-compliant or insufficient responses to the previous grand jury report
Publicity
The Grand Jury Publicity Committee can simply consist of members of the editorial committee. If it is a separate committee, it is called into action by the editorial committee when developing plans to publicize media and press releases related to the grand jury report. Under the direction of the editorial committee, members of this committee may be involved in the following:
1. Arranging speaking engagements for the foreperson, or other jurors as appropriate, at local civic organizations and media outlets
2. Contacting local media outlets to determine if they want a copy of the final report, and if so sent to whose attention
3. Writing editorials for submission to local newspapers and contacting editorial boards to publicize jury contributions
4. Setting up local television and radio talk show appearances to discuss the report when it is published
5. Producing individual press releases for media highlighting issues in the report that would most interest their target audiences (see press release boilerplate here)
Operations
When the previous year’s jury has been discharged, the current jury is impaneled. A foreperson is appointed by the supervising judge, and the jury receives its charge from the court. Initially, the newly impaneled grand jury will meet often to become acquainted and to discuss and adopt procedures and rules. Alternate jurors are called in the same sequence as drawn by the court as needed, upon resignation or dismissal of a seated juror.
Orientation
On the day the new jury is impaneled, the previous year’s jury will host a social event for the new jury and alternates to help in the transition from old to new. The Orientation Committee (or an ad hoc committee, usually chaired by the foreperson pro tem) from the previous year holds an orientation for the new jury at the social event.
At the old grand jury’s discretion, officials may be invited to address the new jury, including:
1. Chairperson of the Board of Supervisors
2. District Attorney
3. Deputy County Counsel
4. County Administrative Officer
5. County Clerk
6. Auditor-Controller
7. Sheriff-Coroner
Each year the California Grand Jurors’ Association presents statewide grand jury training seminars. The seminars provide excellent orientation and training, and are valuable opportunities to meet and learn from jurors from other counties. The cost of training and travel is usually included in the grand jury budget each year. It is strongly recommended that newly appointed jurors attend the training. Alternates may also attend but Santa Cruz County does not reimburse them.
There is also free online ethics training provided by the California Fair Political Practices Commission, which is recommended but not required.
Initial Jury Meeting
The new foreperson and any holdover jurors should orient new jurors at the first meeting. If there are no holdovers, the outgoing foreperson should help with the orientation. At this meeting, jurors should:
1. Introduce themselves and give a short biographical sketch
2. Discuss the Political Reform Act of 1974 and conflict of interest
3. Discuss confidentiality and secrecy (fill out Form 700)
4. Establish rules of procedure (e.g. Robert’s Rules of Order)
5. Discuss officers and their duties
6. Discuss committees and their duties
7. Discuss the timeline for reports and responses
The foreperson should:
1. Issue keys to jurors for access to the county office building and the grand jury room
2. Determine full panel meeting days and times
3. Issue official grand jury business cards
4. Discuss parking and issue parking permits
5. Discuss per diem, mileage, and expense reimbursement (form here)
6. Familiarize new jurors with their new work environment
7. Distribute the grand jury handbook, or point to its online location
8. Distribute the prior grand jury final report, or point to its online location
9. Gather information for a directory with contact information for all members
10. Hand out jurors’ packets of forms and checklist
11. Begin the process of establishing ground rules
In Santa Cruz County, members of the grand jury elect all officers except the foreperson. Officers should be in place by the end of July. Next, the panel should establish committees and schedule their meeting times. Each committee should elect its own chair by the end of July. The committee meeting schedules should be put on the Google Calendar as soon as possible.
Meetings
Jurors should convene promptly at the hour and place designated.
Agenda Format:
1. Call to Order
2. Roll Call—Recording Secretary
3. Approval of Agenda
4. Approval of Minutes
5. Guest Speaker (if any)
6. Foreperson’s Time
7. Officers’ Reports
8. Committee Reports
9. Unfinished Business
10. New Business
11. Jurors’ Time
12. Set next meeting
13. Adjourn
Rules of Procedure
Each grand jury decides for itself what procedures to follow during full panel meetings for the timely and equitable disposition of business at hand (PC §916). While a certain amount of structure is necessary, no rules should be adopted that restrain full and free discussion. The following rules have been used successfully by other grand juries:
1. The foreperson preserves order, speaks on points of order in response to members, and decides questions of order
2. Every motion and second are recorded in the minutes. The motion’s adoption or rejection also is included in the minutes
3. When a motion is under debate, no other motion or proposal is received except a motion to adjourn, to lay on the table, to postpone to a certain time, to refer to a committee, to amend, or to postpone indefinitely
4. If at any meeting a member doubts the decision of a vote, he or she may call for a roll call
5. The rules may be suspended at any meeting by a vote of two-thirds of the members present
6. If questions arise that are not covered, Robert’s Rules of Order should prevail
Quorum
A grand jury may function legally only when officially in session with a quorum present. The number of jurors necessary for a quorum for the transaction of business is twelve in Santa Cruz County, as detailed in PC §940. All matters of business must receive twelve votes for approval.
Being “present” may take several forms. While jurors are encouraged to attend meetings in person, there may be instances where the necessity for a quorum can only be obtained through electronic means. This option should only be used in instances where extenuating circumstances necessitate alternative means to reach a quorum.
In such instances, a quorum may be met if some jurors attend via speakerphone or Skype. The key criteria for electronic attendance is that all of the jurors can hear one another throughout the meeting, and that the remote juror(s) can actively participate in discussions and votes.
As with the full panel, a committee may legally function only when officially in session with a quorum present. The number of jurors necessary for a quorum for the transaction of business is half the number of members on the committee plus one. For example, if there are five members on a committee, three must be present for a quorum. If there are six, four must be present. Absent members can seriously impact a committee’s ability to accomplish work.
Media Releases
Usually the foreperson or a designated spokesperson speaks for the grand jury. All questions from the media should be referred to this person. The entire grand jury should consider approving all media releases before they are released with the appropriate legal advisor to protect against potential libel suits.
The grand jury must be on guard against negative publicity. Many matters requiring grand jury action may be successfully completed only if absolute secrecy is maintained throughout the inquiry. It should be considered a breach of oath for a grand juror to discuss publicly any case after an indictment has been returned, or prior to or during the trial of any person indicted. The district attorney handles all media releases in reference to criminal cases or indictments. Jurors also may not discuss civil investigations until the results have been published.
Media copy should be clear, concise, and prepared as follows:
1. Use the journalist’s checklist: who, why, what, when, how, where. Answer all these questions in the first paragraph
2. Provide a typewritten, double-spaced copy on one side only on white 8 l/2 x 11 paper, or email the document with double spacing
3. Identify a contact person in upper right hand corner of first page with name, address, phone number, and email address (this would typically be the foreperson)
4. Use short sentences, simple words, and brief paragraphs
5. Identify persons mentioned in the media release by first and last names (check spelling)
6. Avoid grammatical and spelling errors and abbreviations
7. Be irrefutably factual and keep statistics to a minimum
8. Add the boilerplate at the end
Confidentiality
All grand jury proceedings are secret. The rule of secrecy is designed to guard the public interest and to protect the innocent. Members of the grand jury are sworn to secrecy, thus assuring all who appear before them of confidentiality. The minutes and records of grand jury meetings cannot be subpoenaed or inspected by anyone.
The juror’s oath of secrecy is binding both while serving as a grand juror and after service. Matters before the grand jury should never be discussed, even with close relatives or associates.
The law provides that every juror must keep secret all evidence gathered by the grand jury, anything said by a juror, or the manner in which any juror may have voted on a matter (PC §924.1). By law, it is a misdemeanor to violate the secrecy of the grand jury room or to disclose the finding of an indictment until the defendant has been arrested (PC §924). Successful performance of duties depends upon the secrecy of proceedings. A grand juror must not reveal any information concerning testimony of witnesses or comments made by other jurors. Leaks concerning grand jury proceedings impair, or even destroy, the effectiveness of the entire grand jury, and might be evidence in a libel suit against the juror and possibly against the entire jury.
While conducting interviews or making field trips, jurors must not discuss or reveal any information regarding grand jury business, plans, or investigations. Only the entire grand jury may release information with a quorum vote, through its designated spokesperson.
Conflict of Interest
Conflict of interest laws are based on the idea that government officials owe paramount loyalty to the public interest and that personal or financial considerations cannot enter the decision-making process.
An actual or apparent conflict may undermine jury credibility, even if no conflict of interest actually exists. A juror should not vote on, or attempt to influence, matters in which the juror has a personal or economic interest. Any such interest of a juror, including the foreperson, should be taken into consideration before the case is studied. Common law conflicts of interest include instances in which a juror has a personal involvement or is not a disinterested third party. Economic interest involves financial interests of jurors. There is a "Public Generally" test: You can investigate something with which you are involved if you have the same interest as the general public.
Each juror is required to fill out a Statement of Economic Interest (Form 700) twice, shortly after being sworn in and when the term of office is over. This is required by the Political Reform Act of 1974 (Government Code §87200) and enforced by the Fair Political Practices Commission of the State of California. Form 700 comes with detailed instructions for completing it.
Santa Cruz County has classified grand jurors as "Category 1" per Resolution No. 191-89. This Category 1 designation subjects grand jurors to a high level of financial disclosure. In general, grand jurors are required to disclose ownership stakes in companies doing business within Santa Cruz County (or with any governmental agency in Santa Cruz County) where that ownership stake (ownership stake is aggregated for immediate family members) is at least $2,000. Interests include spousal interests since CA is a community property state. Grand jurors must also disclose reportable income from business entities that have done business with any governmental agency within the county in the previous two years. Reportable means legally required. Furthermore, grand jurors must disclose interests in real property and certain management positions. A grand juror's residence information is not subject to disclosure, nor is SEC-registered diversified mutual fund holdings or bank accounts. In addition, grand jurors can exclude any property outside SCC and a vacation home if it isn’t rented. However, rental homes in this County must be reported. Do not confuse disclosure with disqualification. Disclosure is required whether or not there is a conflict. Disqualification is required when there is an actual conflict of interest.
Before each investigation, every juror should consider these basic financial questions:
● Do I or any member of my immediate family have a financial interest that directly or indirectly concerns any matter taken under advisement by the grand jury? When considering whether you own stock from a company that SCC may be involved with, you could Google SCC Board of Sup Minutes to see if the company name shows up.
● Is the financial interest material as specified in the codes?
● Will I or any member of my immediate family profit or lose financially by a grand jury action or inaction differently than would a member of the general public? You do not need to report your spouse’s income if it is legally separate from yours.
This is not a comprehensive statement on disclosure. Consult the FPPC and the current grand jury legal counsel for more detail.
For additional information consult Conflict Of Interest, written by the California Attorney General’s Office. This book may be found in the County Law Library.
Purchasing Procedures
The Grand Jury Information Secretary oversees purchases of any new technological equipment. The County Information Services Department (ISD) purchases equipment. New equipment can take up to a month or more to arrive. Costs are not directly charged to the grand jury, but are included in the monthly charge from ISD.
The Grand Jury Librarian is responsible for ordering supplies. The supply cabinet in the Grand Jury room as well as the desk drawers should be checked before ordering anything. Most office supplies are available from the County’s vendor. The catalog can usually be accessed online or a printed copy may be available through the County Administrative Office (CAO). Supplies are purchased via written supply request order forms and submitted to the CAO. The CAO receptionist can help order and hold them for pick up. Printer and fax paper are stored in the County warehouse and are ordered through the CAO receptionist. Orders should arrive within three days. For small items, contact the CAO liaison and he/she may be able to order it for the grand jury and ask for reimbursement him/herself.
For items not available from the contracted supplier, consult the CAO first to see if there is an established source. If not:
Reimbursements for items under $50 require the following (see above):
● a blue demand form signed by the foreperson and the person being reimbursed
● the index number for the grand jury (xxxx)
● the original receipt
Submit this form to the Grand Jury Treasurer, who keeps track of spending and submits forms to the CAO for reimbursement.
Reimbursements for items between $50 and $1,499 requires approval by the grand jury and a letter from the foreperson to the Public Information Officer in the CAO requesting the purchase. The letter will include:
● The model or part number
● The estimated price
● The best source (if known)
● The following words: “This purchase has been approved by the grand jury”
The CAO will purchase the item and notify the grand jury when it has arrived. If the item has a computer interface, the CAO will also need approval from the Information Services Department.
For purchases of $1,500 or more, the CAO will submit requests to the Board of Supervisors for approval. For items with a computer interface, the CAO must have approval from the Information Services Department. Purchases of this magnitude should be included in the grand jury annual budget.
Per Diem and Mileage Reimbursement
Santa Cruz County Code (§2.20.010-030) states that fees shall be paid for each day’s attendance at a meeting of the whole grand jury at which a quorum is present, and for each day’s attendance at a grand jury committee meeting, including committee investigations and tours of county facilities. No more than two day’s per diem shall be paid to a juror for all services rendered in any calendar week. The county will also reimburse jurors for mileage between their homes and grand jury meetings or interviews or their work and the meeting, whichever is shorter, if the juror sometimes comes from work. The mileage reimbursement is not limited.
Reimbursement rates and per diem compensation may vary from year to year. The Grand Jury Treasurer reviews jurors’ mileage and per diem reimbursement request forms for accuracy. The foreperson signs them and the Treasurer submits them to the CAO. Mileage should be documented by attaching MapQuest or GoogleMaps directions. Reimbursement checks should arrive by mail two to three weeks after submission.
The Treasurer reviews the California Grand Jurors’ Association (CGJA) grand jury training expense forms for accuracy and gives them to the foreperson for signature and submission. The form must have the following attached:
● Original receipts for any hotel and meal costs. Expenses will not be reimbursed for any meals that are included in the conference fee
● Documentation (via Google Maps, Mapquest, or similar service) of the mileage travelled to the training session
Jurors should keep copies of submitted forms and receipts. The County will send a 1099 tax form at the end of each year in which a juror has spent more than $600.
Juror Absences, Resignations, and Replacements
All impaneled jurors have agreed to devote approximately 15-20 hours per week for grand jury duties. During the grand jury selection process, emphasis was placed on the amount of time jurors would be expected to devote to the position. Grand jury meetings, committee meetings, interviews, research and writing all take time.
Each juror’s attendance must be regular and punctual. A juror who will be absent must notify the foreperson or appropriate committee chair as soon as possible. Excusing absences is ultimately at the discretion of the committee chair or foreperson. The absence of a committee chair is excused by the foreperson. If the foreperson must be absent, he or she must make arrangements with the foreperson pro tempore and appropriate committee chairs.
Jurors may be excused for pressing business or family matters. Vacations with prior authorization are allowed. Illness, injury, family death or illness, or natural calamities are other examples of excusable absence.
Missing three meetings within a quarter (a combination of committee and full panel meetings) without prior notification makes a juror subject to dismissal from the grand jury. The following procedure outlines the dismissal process:
● The foreperson is notified of the accumulation of unexcused absences and discusses the problem with the juror
● If the problem cannot be resolved informally, the full panel evaluates the circumstances of the absences. If the problem is resolved, the juror continues with his or her duties
● If the grand jury determines that the juror should not continue with his or her service, the jury must vote on a motion to ask the juror to resign. For the motion to pass, the consent of 12 jurors is required. The juror then fills out the Exit Form (Appendix M) and returns all jury items such as keys, business cards, etc.
● If the juror does not resign voluntarily, the grand jury asks the supervising judge to remove the juror
Since even excused absences can hinder the progress of the grand jury, jurors who have five excused absences within a quarter will be contacted by the foreperson. The foreperson and the juror, in consultation with the appropriate committee chair, will discuss the juror’s performance and commitment to the jury before deciding on a course of action. A juror who must be absent, but is contributing otherwise, will be encouraged to stay on the jury. Contributions can include a specialized knowledge or expertise required for a specific investigation, taking on committee assignments and completing them within the specified time frame, or writing and reviewing committee reports and correspondence. A juror whose frequent absences are detracting from the jury’s work will be asked to resign.
A grand juror who must resign from the grand jury should do so in writing. The juror is obligated to return his/her key, grand jury ID card or business cards, parking pass, and all committee records and reports pertinent to the grand jury. This includes any personal notes on confidential matters, as well as notations regarding interviews or hearings and all meeting minutes. Leaving jurors are expected to purge their personal computers of all grand jury information. Failure to take the necessary steps to close grand jury membership is a misdemeanor under the law (PC §924.1 and 924.2). See the Grand Juror Exit Form in Appendix M.
A grand juror who resigns, dies, or is removed is replaced with the next alternate juror to maintain a quorum. State or county law, however, does not mandate this. Replacement jurors cannot vote on any issue about which they have no firsthand knowledge.
If the foreperson leaves the jury for any reason, the supervising judge will appoint a new foreperson as quickly as possible.
Rules of Conduct and Collegiality
All jurors should strive to maintain a professional and ethical demeanor in jury activities. Problems between jurors should be handled informally through a discussion between the foreperson and the involved juror(s). If necessary, the foreperson may consult the supervising judge, and then ask a juror to resign.
Jurors are expected to act in a collegial manner. Collegiality consists of a shared set of values that regards all members as essential to the success of the grand jury. It incorporates mutual respect for both similarities and differences in background, expertise, judgment, and assigned responsibilities.
Only one juror at a time should speak at plenary meetings and in committees. While a speaker has the floor, jurors should not engage in side discussions. Grand jury meetings must allow sufficient time for all members to express their opinions. No member may speak on the same topic a second time until all jurors have had the chance to speak. All members may request votes on any topic being discussed.
In deliberations, all jurors have equal rights and responsibilities. No juror may discourage other jurors from thoroughly considering the evidence before casting a vote.
A juror may express opinions and views calmly, emphatically, and reasonably, but no juror should be dictatorial. Each juror should carefully consider the views and opinions of fellow jurors. Jurors should keep an open mind and not insist on being right. The goal of discussions is to arrive at consensus.
Although routine meetings may be conducted with a certain degree of informality, those at which witnesses appear should be conducted with as much dignity as would be expected in a court of law. Trial juries are required to maintain proper dress and demeanor, and a grand jury should be even more careful in this regard.
Audible expression on the part of any juror denoting either approval or disapproval of any witness or testimony violates proper decorum. Gestures of the head, hands, or body indicating approval or disapproval are also inappropriate.
Other rules governing conduct shall be established in the form of ground rules determined and voted on by the grand jury at the beginning of the term of service. These can consist of the rules in this section, so that approving the Handbook will serve the same purpose.
Jurors should arrive at meetings on time. Any juror who will be absent or late for a meeting should inform the foreperson or committee chair. Cell phones and other devices that make noise should be silenced during meetings and interviews.
Citizen Complaints
A grand jury typically receives communications from citizens, civic groups, and government employees relating to grievances. Although the penal code does not assign the grand jury the role of ombudsman, the jury may, and frequently does, look into complaints as part of its duties. Some complaints will concern matters over which the grand jury has no jurisdiction. All complaints are handled in strict confidence to protect the complainant’s identity.
Under no circumstances should a complaint be taken over the telephone. Be firm that the complaint
● Must be in writing on the grand jury’s form
● Should be signed and dated
● Will remain confidential and secure
Upon receipt of the signed complaint and any supporting material, the complaint is reviewed by the full panel and, if appropriate, assigned to a committee for consideration. The assigned committee completes its evaluation of the complaint and reports its findings and recommendations to the entire grand jury. The determination to conduct a formal investigation of the complaint is then rejected or accepted by quorum vote of the jury.
Anonymous complaints may be considered by jury consent, but are often disregarded, since there are no means to obtain further evidence or follow-up interviews. If it is of a serious, criminal nature, consult the supervising judge or the district attorney for advice.
The grand jury is not required by law to accept or act on every complaint or request. When a committee receives an item for study, it must first decide whether or not to conduct an investigation. Rejection of a complaint may be for the following reasons:
1. Complaint has no merit
2. Complaint appears to be politically motivated
3. Complaint involves issues in a current election campaign
4. Complaint involves a complainant who should seek legal advice or recourse through other channels
5. Complaint is currently in litigation
6. Complaint is not within the jury’s purview
7. Complaint requires more resources than the grand jury has at its disposal
The assigned committee completes its investigation and reports its findings and recommendations to the entire grand jury. The complaint is then accepted or rejected for investigation or placed on a bucket list by vote of the jury. Link to bucket list
The grand jury has several ways to resolve a citizen’s complaint once accepted:
● The case may be closed due to insufficient evidence to substantiate the claim
● A final report may be written and filed with the court and subjected to official public response
● The complaint and the material acquired through grand jury investigation may be turned over to other agencies such as the district attorney for action, including possible criminal indictment
Complaints, whether or not acted upon, frequently aid the jury in identifying areas of government with which citizens have concerns and problems. A system that includes a working file should be established to track each complaint. The file should contain the following:
1. Original letter of complaint and any additional information the complainant included
2. Copies of all letters sent to the complainant, including acknowledgment of receipt of the complaint
3. Committee action notes and follow-up, and
4. Final letter of response to the complainant
A copy of the complaint form is included in Appendix A, in both English and Spanish. Additional copies in both English and Spanish are in the Editorial and Continuity Committee file drawer. The complaint form is also on the grand jury’s computer in the “Forms” folder and on the grand jury web site ().
Complaint forms are available to the public in the box outside the Grand Jury Room. This box must be refilled routinely.
Complaints are usually delivered through the mail slot. The corresponding secretary enters the information from the complaint into the complaint log and places the complaint form in the foreperson’s mailbox. The corresponding secretary generates and mails the complainant an acknowledgement letter signed by the foreperson.
If the complaint form is incomplete, the corresponding secretary drafts a letter to the complainant indicating the additional information required. If a complaint is not submitted on a grand jury complaint form, the corresponding secretary drafts a letter to the complainant indicating that the complaint must be submitted on an official form to be accepted. The foreperson reviews the letter, and if acceptable, prints, signs, and mails it to the complainant along with a copy of the complaint form and the grand jury pamphlet. A copy of this letter is put in the front pocket of the “Complaint” binder.
If the complaint form is complete, the foreperson stamps the complaint form “Received” and fills in the section of the complaint form indicating the case number, date, name, and the committee assigned to investigate the complaint. The foreperson forwards the original complaint to the assigned committee for further investigation. He/she also makes a copy of the complaint form and all attachments and puts them in the corresponding secretary’s mailbox.
The corresponding secretary prints out a status sheet (Appendix C) from the database and an updated log sheet (Appendix D). The complaint status form, along with the copy of the complaint form and any attachments, is placed in the “Complaints” binder The corresponding secretary files a copy of the acknowledgement letter with the complaint materials.
Initially, the complaint status will be “Open.” The assigned committee discusses the complaint and determines if further investigation is warranted. If a committee decides not to pursue a complaint, the complaint is presented to the full panel for a vote.The corresponding secretary generates the appropriate letter depending upon the reason for not pursuing the inquiry. The corresponding secretary drafts any required correspondence. The foreperson will review the letter, and if acceptable, signs and mails it to the complainant. A copy of each letter should be placed in the “Complaints” binder.
County Audit Committee
The grand jury, as required by law, is responsible for performing an independent audit of county offices and investigating spending by city and county governments. The investigations may be conducted on a selective basis each year but shall not duplicate examination or financial statements that have been performed by or for the County Board of Supervisors. In earlier years, the grand jury budget included funds to employ an outside independent auditor to fulfill these duties. Subsequently, while retaining oversight of this task, the grand jury transferred to the County of Santa Cruz the responsibility for contracting with an external independent auditor for these services, along with the budget item to cover this expense. To fulfill both the county and grand jury responsibilities to conduct audits of county records, a County Audit Committee was formed. This committee is comprised of the Santa Cruz County Administrative Officer or representative, the County Auditor-Controller, the County Treasurer/Tax Collector/Recorder/Clerk, and two members of the Santa Cruz County Grand Jury. In addition, two citizen members of the Treasurer Oversight Committee have been added to the County Audit Committee membership, as well as the Audit Manager. Other members of the same departments have also attended in the past.
Reports
Proposal and Investigation Process
The investigation process begins with a committee proposal submitted to the entire grand jury for approval prior to initiating the study. Proposals should consist of the following information:
1. Background: Information about the topic of the proposed investigation and why it’s worth investigating
2. Subject of investigation: Areas to investigate including more specific information about what the committee wants to study
3. Scope of the project: Basic parameters or focus of the proposed investigation
4. Timeline: The estimated time the committee will need to conduct the study and write the report
5. Benefits: How the proposed investigation will benefit the county
6. Investigation outline: Who/what agencies the committee plans to interview
7. Conflicts of interest: Whether any jurors could appear biased to the general public in this investigation
Past juries have determined that it is helpful to give jurors at least a week to study a proposal before it is presented for discussion and approval by the full panel. The committee should email copies of the proposal to all jurors and request that the foreperson add it to the full panel agenda.
The proposal serves as a guideline and sets the parameters for writing the final report. While it is assumed that details of the investigation will change as a topic is investigated, the grand jury should be kept informed of the progress of investigations. Those proposals that vary significantly from the scope of the original should be brought to the full panel for review and approval.
In conducting an inquiry or investigation, a committee should:
1. Clarify whether the matter is in the grand jury’s jurisdiction. If in doubt, seek advice of the supervising judge, district attorney, or county counsel
2. Identify the legal responsibilities of the subject official, department, or group, as appropriate. Examine state statutes and local ordinances prescribing the authority, responsibilities, and constraints relating to the entity involved
3. Determine the current activities, policies and procedures of the subject official, agency, or entity
4. Visit departments, agencies and other related groups with at least two members of the committee. Additional visits may be scheduled or unannounced as deemed appropriate
5. Interview key personnel and, when appropriate, other knowledgeable people
6. Review records and reports as necessary. Ask for policies and procedures manuals
7. Determine functional strengths and weaknesses of the department, agency, or group
8. Gather ample information including facts, sources, and documents
9. Develop a set of facts that are irrefutable. Date facts involving numbers or monetary amounts that are subject to change
10. Base findings and recommendations on items above
11. Remain objective and refrain from making assumptions or jumping to conclusions
12. Support all recommendations with supported findings and facts that inform them
13. Verify facts gathered in the course of an investigation by more than one source prior to finalizing and publishing the report
14. Continue to ask the question, “Why?”
15. Sustain indefinite confidentiality of all public records of the investigation
Interview Techniques
The grand jury uses interviews to gather information. Jurors should be careful not to abuse the power of the grand jury and should exhibit the utmost respect and consideration for the interviewee. Interviews should be conducted with no fewer than two jurors present (PC §916), and should take place in the Grand Jury Room or other private location.
If a matter of great importance is being investigated, the committee may invite the entire jury to interviews and briefing visits. A committee should meet at least once with any department head involved in its investigations. To protect witness confidentiality, arrangements should not be made through the department heads for interviews with their personnel or visits to the various offices. Committees should see that all sides are heard on any issue before a recommendation is made. All interviewees must sign an Admonition Form that discusses confidentiality issues and protocol.
Prior to the interview, committee members should establish concise and direct questions to ask the witness. The committee should avoid multiple-choice questions. Interviewers should not interrupt the person being interviewed. Designate one juror to ask questions, while other committee members take notes.
Jurors should be mindful when questioning not to suggest answers, inject opinions, or obligate the grand jury to any course of action. The interviewer does the following:
1. Makes introductions and shows grand jury identification
2. Asks the interviewee for a business card
3. Asks the interviewee if he or she has been interviewed by a grand jury in the past; if not, briefly explains the purpose of the grand jury
4. Notifies the witness if the session is being recorded, and state the names of all present and the date and time of the session after the recorder has been turned on
5. Provides the interviewee with the Admonition Form (Appendix E) for signature, and ideally makes a copy for the interviewee to keep
6. Introduces the subject and general area of questions, if appropriate
7. Verifies the name, address, and phone number of the interviewee
8. Allows for additional or follow up questions from other jurors after the prepared questions have been answered
9. Remains gracious at all times
Subpoenas
If the grand jury wants a person to testify at a hearing or some other proceeding, a subpoena may be issued requiring that individual’s presence. All methods for gathering the requested information should be documented to support the need for the subpoena. If the grand jury wishes to obtain records through a subpoena, either requiring the individual to bring records or just to obtain records without requiring an individual’s presence, a subpoena duces tecum must be used. In that situation, an affidavit must be attached to the subpoena specifying the documents requested for review. Government Code §7476(b) sets forth the procedures to be followed to obtain protected financial records through a subpoena. Depending on whether the matter is criminal or civil, either the district attorney or the county counsel should be contacted.
Two types of records may be subpoenaed:
● Business records of “every kind of business, government activity, profession, occupation, calling or operation of institution, whether carried on for profit or not” (Evidence Code §1270)
● Personal records, including documents such as medical records, school records, and title reports. A complete listing of consumer records is found in Code of Procedure §1985.3.
If the grand jury wants to subpoena a person, records, or both, the county counsel should be contacted for assistance. The county counsel will prepare the necessary documents for the judge to issue the subpoena.
Final Reports
“No later than the end of the fiscal year or calendar year of a county, each grand jury impaneled during that fiscal or calendar year shall submit to the supervising judge of the superior court a final report of its findings and recommendations that pertain to county government matters . . .” (PC §933(a))
Grand juries may issue reports at various times throughout their term of service. Such reports, when they are submitted to the supervising judge for review, approval, and subsequent public release, must be designated as “final reports.”
Final reports issued during the early or middle months of a jury’s term of service can be particularly valuable for several reasons. A report issued four months or more before the expiration of a jury’s term means that subject agency will have to respond to the same jury that issued the report. Such reports issued at various times throughout the year can serve to encourage public interest in the grand jury process and the report. These are never called “interim” reports.
At the end of the year, all the reports are collated and published in a single volume. This report represents a culmination of the efforts of the grand jury throughout the entire year. The greatest attention and care should be devoted to its preparation. The grand jury should focus its investigations and subsequent reports on an agency’s activities, policies, and procedures, not individuals.
The law requires that the grand jury shall make no report, declaration, or recommendation on any matter except on the basis of its own investigation (PC §939.9). Therefore, the findings and recommendations expressed by the grand jury in its report must be based on substantiated, factual, and legal data compiled during the course of its investigations.
Under common law, the grand jury may not criticize government officials except when such criticism is accompanied by recommendations for improvement. As recommendations for improvement are required, the grand jury’s function is primarily constructive. Its report should contain recommendations to resolve or improve problems or deficiencies that the jury may encounter in the course of its investigations. This concept is particularly important in relation to the following section of the penal code: “If any grand jury shall, in the report above mentioned, comment upon any person or official who has not been indicted by such grand jury such comments shall not be deemed to be privileged [emphasis added].” (PC §930) This means that members of the grand jury are not immune from suits for libel in connection with any statements made in their report. The jury should ensure that all statements contained in the report are substantiated by demonstrable facts, accompanied by appropriate recommendations, and are consistent with the jury’s statutory authority.
Draft Report Format
The report process begins when individual committees start investigations and interviews. As the committee proceeds with investigations and develops findings, these, along with the associated recommendations, will comprise the draft final report. Filling out a Work Plan Table can be very helpful in summarizing progress and identifying areas that need more work.
Reports are the end product of investigations. They are consensus documents. The committee should define all terms, since the reader of the report did not assist in the investigation and may not understand certain terms. There should be no personal identifiers in the text. An identifier is an element of information contained in the final report allowing the reader to easily determine a person’s identity. Grand juries across the state write reports based on the legal requirements of Penal Code §933. Although the code requires all reports to contain findings and recommendations, it is open to interpretation regarding their definition. Interpretation of the requirements differs from county to county. The Santa Cruz County Grand Jury’s interpretation of facts, findings, and recommendations follow:
● Fact: A singular aspect in the investigation that can be proven to exist without relying upon hearsay, rumor, innuendo, or opinion. It has the quality of being real or actual. It is determined by evidence discovered during the investigation and verified by several sources (triangulation). Facts are located in the investigation (narrative) section of the report.
● Finding: An assertion, conclusion, or judgment based on one or more facts. A finding summarizes a fact, or collection of facts, into a concise and crisp form that clearly will lead to one or more recommendations.
● Recommendation: A suggested course of action for a particular governmental office or body. It should be specific, not general. It is not directed at any individual. Where appropriate, it should include examples from other counties or private business, and suggestions on how to ensure funding.
The statement and citation of facts and data alone do not constitute an investigative argument or narrative. Facts and data should substantiate the assertions and findings made in the investigative narrative. In this way, committees should strive to compose reports that construct a logical narrative path leading the reader to specific recommendations and observations which flow naturally from the facts of the investigation.
A simplified report template is available in Google Doc format for ease of collaboration. This version does not have line numbers or header/footers. Simple formatting and ease of collaboration will help the committee during the report writing. For convenience, a copy of this template has been placed in each committee’s “Reports” folder. The following report format has been used by previous grand juries and may be used or adapted:
1. Summary – capsule description of the issues, findings and recommendations
2. Background – history of the issues and justification for the investigation
3. Scope – defines the focus of the investigation and methodology used
4. Investigation – describes how the investigation progressed
5. Findings – numbered list of assertions, conclusions, and judgments based on facts
6. Recommendations – numbered list of what grand jury believes should be done
7. Commendations – recognition of county or city agencies that are doing a good job
8. Responses Required – list of which agencies or entities are required to respond to specific findings and recommendation, with due dates
9. Definitions – list of accurate descriptions of terms used in the body of the report
10. Sources – list of web sites, reports, memos, and other records accessed during the investigation
Audience
The audience for your report is the agency or official’s office to which the findings and recommendations apply. However, the report becomes a public document on its release, so jargon and obscure acronyms should be minimized and explained. Write and edit the report to be understandable to the lay public, who lacks the insights your investigations have revealed. Make the report readable. Tell a factually accurate story and keep it as simple as possible.
Title
The main title should be short, snappy, explanatory, and centered on the page. It should get people interested to read the report. Avoid idioms, slang, and anything “cutesy.” Add a subtitle below the main title to clarify the main title.
Summary
The summary is a capsular description of the issues, findings and recommendations in the report. Think press release or newspaper inserts. The summary is first in the report but is usually written last.
Definitions
Definitions must be accurate and reflect the official meaning of the term. If the report requires many technical terms or acronyms, define them in the definitions section. If you use only a few terms, define them in the body of the report. Laws, programs, or services repeatedly used in the report can be defined in the definition section. For instance, if you want to use “AED” instead of always spelling out “automatic external defibrillator,” follow the first usage of the term with the abbreviation in parentheses and use it throughout the remainder of the report. Long definitions can be set forth in an appendix to the report.
Background Section
The background clearly states the issues and provides justification for the investigation. The background explains the data, circumstances and events that led to the study. It answers the unspoken question, “Why was the investigation done?” The background section also summarizes historically important developments or issues related to the topic. Do not include information that a complaint may have been the one of the reasons to start an investigation.
Scope
Scope defines the focus of the report. The scope of the report should ideally be the same as the scope expressed in the proposal approved by the full panel. The scope should contain the methodology used to derive facts, how and when the study was done, the source of facts obtained, agencies interviewed, site tours made, and a description of research activities. Neither individual names nor titles should be listed if they identify the source of information and thereby jeopardize whistleblowers.
Investigation
This section outlines the details by which the investigation progressed. In particular, it contains facts found during the investigation. The level of detail has to be such that individuals cannot be identified by the narrative. Completeness may have to be sacrificed in this section to ensure that the confidentiality of sources is preserved. The objective is to ensure that enough details are given so that the following findings and recommendations can be taken seriously.
Findings
Findings are the basis for the recommendations made in the report and are mandated by statute. A finding is an assertion, conclusion, or judgment based on one or more facts. Penal Code §916 states that it must be “supported by documentary evidence.” It confirms or denies issues described in the report. Findings identify what needs to be fixed, improved, or corrected. A report may also identify what is right or being done well.
This section consists of a numbered list where each finding is numbered sequentially as F1, F2, etc. This section is written first. Findings should be written during the investigation and continuously updated as new facts and insights develop. The investigation is complete when a valid set of findings and resulting recommendations have been compiled. Only at that point should the other sections be written.
The quality of the findings is the most important factor for a good report. They are critical to ensure the associated recommendations will be relevant and not easily dismissed. Guidelines for findings include the following:
● Keep all findings about one subject area in sequence to help the reader follow along logically
● Do not make recommendations in this section
● Ensure the findings concern issues under control of the agency or agencies the jury has investigated
● Be concise. Overwhelming the reader with a long list of findings will dilute the overall message
● Make sure that the facts in your Investigation section support your findings
Recommendations
Each recommendation is based on at least one finding. Each listed recommendation states what the grand jury believes should be done, by whom, or by what agency, to mitigate or fix problems identified in the Findings sections. Generalizations such as “Do a better job” or “Don’t have a personal agenda” are not appropriate.
This section is a numbered list where each recommendation is numbered sequentially as R1, R2, etc. This section is written along with the findings. As with findings, this section should be written during the investigation and continuously updated as new facts and insights develop. The investigation is complete when a valid set of findings and resulting recommendations have been compiled. Only at that point should the other sections be written.
Recommendations should be written utilizing the following guidelines:
1. Be specific (who is to do what, how, and by when). Avoid vague or generic comments
2. Be logical and state achievable aims
3. Include examples from other counties or private businesses whenever possible
4. Include suggestions for how funding may be achieved where applicable
5. Observe all laws
6. Be concise. A long list of recommendations will dilute the overall message
Including a list of “conclusions” has no basis in the penal code and only creates extra work. Any material in a conclusion section will be covered already in the findings and recommendations sections as defined above.
Commendations
Commendations occur when the jury wants to give an agency a “pat on the back.” Commendations are the opinions of the grand jury.
Responses
Decide which agencies should be asked to respond to each finding and recommendation, and include that information in the Responses Required attachment. A table indicating which entities are required to respond follows each report. This table also includes the corresponding recommendation numbers requiring a response and the number of days each entity has to respond. Elected officials must respond within 60 days of the report publication date. All other respondents are to respond within 90 days of the report publication date. Be sure only to include agencies that have jurisdiction over the recommendation or finding in question. Double check the official title of the person or agency, using the Prior Year Reports document or the agency’s website.
The following should be included in the response section for each Finding and Recommendation:
1. Title of the original report
2. Text of the original finding
3. Response to the finding indicating whether the entity AGREES, PARTIALLY DISAGREES, or DISAGREES
4. If the entity partially disagrees or disagrees with the finding, include their explanation
5. Text of the original recommendation
6. Response to the recommendation indicating if the entity has implemented the recommendation. Options are:
○ Has already implemented the recommendation
○ Has not yet implemented it, but will do so in the future, with a time frame for implementation
○ Requires further analysis with an explanation, scope, parameters, and the time frame for completion which should not exceed six months
○ Will not implement the recommendation because it is not warranted or is not reasonable, with an explanation
Respondents should send responses to:
Santa Cruz County Grand Jury
Santa Cruz Superior Court
701 Ocean Street, Room 318 - I
Santa Cruz, CA 95060
Respondents may also send e-mail responses to grandjury@co.santa-cruz.ca.us. For an example, see the responses to a previous year’s grand jury final report: . A copy of the response should be sent to the supervising judge (PC §933).
Sources
Sources in the report should include a list of the web sites, reports, memos, and other records the jury used during the investigation. All sources are to be verified by the committee writing the report, and by the editorial committee. Also include in the drafts the name, titles, and offices of people interviewed. They will be deleted from the report before publication. Do not mention whether a report was the result of a complaint or not.
Time Considerations
The report will probably take longer than you think. The process of drafting and editing can take two months or more. Sometimes report directions change considerably with the infusion of more information and facts. Work backwards from a release deadline to establish when reports are due to be reviewed by the committee and the full panel. These reviews take time and may require revisions. More time may be needed if a report is lengthy or complex. Allow time for county counsel and the supervising judge to conduct a review of the reports. Time for printing and distribution also needs to be taken into consideration by the entire grand jury.
Editing the Final Report
Publishing the final report should be discussed at a full panel meeting early in the year. The grand jury should decide on a publication date. The Editorial Committee should develop deadlines for each committee’s submission of reports. These deadlines should be influenced by the time needed for:
1. Committee review and approval
2. Editorial review and approval
3. Full panel review and approval
4. Submission and review by county counsel and judge
5. Printing schedule
6. Press release for the media (boilerplate here)
Some of the reports may be finished and approved prior to the deadline. Those completed and approved early in the fiscal or calendar year may be published at that time. These reports must be a part of the published final report, with their official responses included if submitted in time.
The editorial committee, in reviewing final committee reports, will edit for the following:
● Logic: Do statements make sense, and is there a coherent relationship to other statements within the report’s narrative?
● Accuracy: Is there any questionable data?
● Order: Do statements flow?
● Copy editing: Is continuity logical? Are grammar, sentence structure, spelling, and punctuation correct? Is the format consistent?
The Editorial Committee may suggest organizational changes in the material. After the editorial review is complete, the report may be returned to the committee for changes and resubmission to the editorial committee. When the editorial committee or the originating committee recommends no changes, the originating committee will submit the edited report to the full jury for review and approval. The jury may suggest further changes. The jury must have a quorum to approve final reports. When the jury has approved the committee reports, they are forwarded to County Counsel and the supervising judge for review. The reports will be written in Google Docs, but once they are finished the editorial committee will convert them to Word using the format in Appendix K.
Suggested contents of the year-end Final Report:
1. Introduction
2. Letter by the supervising judge (optional)
3. Letter by the foreperson
4. Table of contents
5. List of jurors
6. Picture of jurors
7. Body of report
Final Verification Interviews
Penal Code §933.05(d) states, “A grand jury may request a subject person or entity to come before the grand jury for the purpose of reading and discussing the findings of the grand jury report that relates to that person or entity in order to verify the accuracy of the findings prior to their release.” This type of interview is not mandatory. The Penal Code says “may”; therefore, it is up to the jurors to decide. Certainly it is important to have accurate findings based on information you have verified as factual. If you feel there is any doubt, or that the information may have changed during the course of the investigation, it would be wise to verify the accuracy of the findings.
The main purpose of this type of interview is to prevent inaccuracies so the report cannot be discounted after it is officially released. It is particularly useful if a single person figures prominently in the investigation. It can be especially important if the findings are negative or critical. In these cases, doing the interview can protect the jury from being attacked later if the findings are not accurate.
In addition, doing the interview can build credibility and trust with your interviewee. It will help prevent omissions that could lead to the rejection of the recommendations in the published report.
These interviews should be held early enough to resubmit the report to the full jury for re-approval if errors are discovered or other changes are indicated. As with all grand jury interviews, it is required that at least two jurors be present to conduct a verification interview.
Suggested guidelines for conducting a final verification interview:
1. Schedule a meeting with the administrator for the public agency after a draft version of the report has cleared the editorial committee
2. Do not give a copy of the report to (or leave a copy with) the person. The report is confidential until such time as it is properly approved and officially released. Do not disclose the recommendations nor discuss their contents
3. Read the first finding to the interviewee. Carefully review all facts and statistical figures. Ask the individual to comment on the accuracy of the finding. If the interviewee disagrees with the finding, ask him/her why he/she thinks the finding is inaccurate. Ask the interviewee to provide any supporting documentation showing that the finding is inaccurate
4. Repeat the above process for each of the findings in the draft report
5. Do not discuss any sources or recommendations in the report. Any part of the report other than the findings is confidential until the report is officially released after review by the supervising judge
6. Inform the interviewee of the need to maintain confidentiality until the report is officially released. Inform him or her that a courtesy copy of the portion of the grand jury report relating to that person or entity will be provided to the person or entity two working days prior to its public release (see Penal Code §933.05(f))
7. Discuss with other jurors, after the interviewee has left the grand jury room, whether or not the findings as stated are accurate. Determine what, if any, additional documentation is needed to prove accuracy. Do any of the findings need to be reconsidered or rewritten? Remember, you are looking solely for factual accuracy. Do not confuse this with whether or not the interviewee approves of the findings (opinion)
8. Determine whether the committee should rewrite a finding and if the report should be resubmitted to the editorial committee
9. Present the report to the full grand jury for a vote to approve the report. Send the approved report to the grand jury’s supervising judge and county counsel for their legal review
Libel
The law requires that: “A grand jury shall make no report, declaration or recommendation on any matter except on the basis of its own investigation of the matter by such grand jury . . .”(PC §939.9)
While the grand jury and, by extension, the county cannot be sued for libel (written defamation of character) when it brings an accusation or indictment, it can be sued for libel when a report is involved. This means that members of the grand jury are not immune from suits for libel in connection with any statements made in their report. All statements contained in the report must be substantiated, accompanied by appropriate recommendations, and consistent with the jury’s statutory authority. As long as the jurors are acting under the scope of their official duties, they are protected by the county’s umbrella insurance policy.
Distribution of the Final Report
Early in the grand jury term, the Editorial and Continuity Committee should present the jurors with options available for printing and distributing the final report. Usually departments and agencies are sent only the portion of the report relating specifically to their agencies, with a link to the full report on the public Grand Jury website. Sending an electronic version of the report is a viable option for distributing the document. The following is a distribution list (items in purple are required by law):
Hard copy
1. Supervising judge
2. Grand Jury room (2 copies, one marked “Do not remove from Grand Jury Room”)
3. County law library
4. If the budget allows, copies for each juror
Electronic copy
1. Incoming grand jurors
2. All respondents
3. District Attorney
4. County website
5. CGJA
6. County Board of Supervisors
7. Clerk of the Court
8. County Clerk
Cover Letter to Respondents
A copy of the final report will be sent to all agencies involved in the report. For those requiring responses, a cover letter including response instructions shall be enclosed. These packets should be either emailed, mailed with proof of delivery, or hand carried to the respondent. If the document is hand carried, a proof of delivery should be obtained. The Editorial and Continuity Committee should retain each proof of delivery. This will avoid the problem of respondents claiming they did not receive a copy of the final report.
The cover letter should include the following:
1. Verbatim quote of Penal Code §933.05 outlining the requirements for responses
2. The exact deadline for each response (e.g. if posted on July 1 then September 1st for 60-day responses, October 1st for 90-day responses)
3. Notification that the Editorial and Continuity Committee will review the response. Further contact with the respondent may be necessary for resolution of outstanding issues. The response may be published separately or as an addendum to the Grand Jury Final Report in June
4. Notification that an electronic copy is required.
5. Instructions for Response Format. Each year will have a unique set of respondents, several of whom may be writing a response to a grand jury report for the first time. Format instructions advise respondents what the grand jury expects of them. A common format makes it easier for jurors to review the responses
6. An example of a correctly formatted response may also be included as an aid to respondents
Responses to the Final Report
In 1996, the California Legislature passed SB 1457, which created PC §933.05, effective January 1, 1997. As stated in PC §933(c), the governing body of any public agency or department covered in the report shall respond within 90 days. Elected county officers or agency heads covered in the report shall respond within 60 days of the release of the final report.
Key provisions of PC §933.05 require that responding officials or agencies must specifically comment upon the findings and recommendations of the grand jury report that are directed to them, rather than preparing a generalized response. The subject agency must indicate whether it agrees or disagrees with the appropriate finding or recommendation. Explanations for disagreements must be provided. The complete text of PC §933.05 is in Appendix F.
The Santa Cruz County Grand Jury and other grand juries in California publish responses to their final reports. This brings closure to the findings and recommendations of the grand jury by making government agency responses known to the public. It also facilitates more thoughtful and complete responses when respondents know their responses will be publicly available.
Ideally, the publication with the responses to the previous year’s final report should be a separate report published in December/January. The response report should also be posted on the grand jury website. County staff from the Information Services Department will assist with this.
An advantage of reviewing the responses early is that the new grand jury can determine what investigations from the prior year should be carried forward. This allows the grand jury to follow up on recommendations that are more complicated or may take longer to implement.
Reminder Letters
Inevitably, some respondents will not reply by the deadline. Assuming a June 30 publication date of the final report, reminder letters should be sent August 15 to all 60-day respondents and September 15 to all 90-day respondents. A follow-up phone call may be required. It may be helpful to state that responses received after October 31 may not be included in the publication of responses and will be identified as missing or delinquent in the publication.
Some responses may require clarification or additional information. The Editorial and Continuity Committee Chair should expedite communication with respondents so any clarification can be included in the response publication.
Publication of the Responses
Suggested contents of the publication are:
● Letter from the foreperson (optional)
● Introduction, including an explanation of the document and how the responses were reviewed
● The report and its responses
Previous grand juries have found it helpful to publish the original report, interleaved with the responses, as a way of increasing the usefulness of the document. If the responses are published on the Grand Jury website with the Final Report, they should be next to the Final Report to which they pertain.
Continuity
The California Grand Jury Association (CGJA) recommends that the grand jury consider forming a Continuity Committee separate from the Editorial Committee. The purpose of the committee is to review responses to the reports, typically those of the preceding year’s jury. The review determines the adequacy of the responses. If no Continuity Committee is formed, the Editorial Committee performs this function. This committee can issue a Continuity Report if the responses are inadequate and no new investigation is needed. The report discusses the responses and the grand jury’s concerns with them. If a Continuity Report is issued, the agency(ies) involved should be given a courtesy notice prior to the press release being sent out.
If new evidence on the topic has arisen, the committee may recommend to the full panel that they reconsider the topic as a new investigation. Section 939.9 of the Penal Code prohibits a grand jury from relying on a previous investigation or its recommendations for an investigation. Instead, the present grand jury must conduct its own investigation of that topic. The Continuity Committee may also announce accomplishments related to reports. Announcements can be posted as letters to the editor, submitted to a CGJA local chapter website, or reported to the CGJA’s Grand Jury Achievement Report.
Resources
Grand jurors are not expected to be legal experts. The county provides a variety of legal advisors who are bound by confidentiality restrictions regarding the grand jury.
Superior Court Judge
The grand jury advisor is a judge appointed by the presiding judge of the superior court. The duties of the grand jury advisor are to:
● Interview, impanel, and charge the grand jury with its duties
● Consult with and advise the grand jury upon request of the foreperson
● Review final reports and governmental responses for compliance with the law
● Issue court orders and/or subpoenas on all appropriate matters
District Attorney
The district attorney’s function is to:
● Give information and advice on criminal matters
● Appear before the grand jury at its invitation to give information or interrogate witnesses (PC §935)
● If the grand jury concludes that money is owed the county and has not been collected, it may order the district attorney to institute legal action (PC §932)
County Counsel
The county counsel is a legal advisor to the grand jury, as well as to all county departments, offices, and commissions, some of the school districts in the county, and a number of special districts. Should the grand jury find that a client/privilege conflict exists with county counsel, the grand jury may seek advice from the supervising judge, the California State Attorney General, or private counsel.
California State Attorney General
The attorney general is available for advice and assistance, particularly if there is a conflict of interest with local legal advisors. The grand jury may request assistance from the attorney general’s office in writing through any of its local legal advisors.
County Administrative Officer
The County Administrative Officer (CAO), as an agent of the Board of Supervisors, has general authority and control over all county departments and functions. The CAO may designate a liaison officer to work with the grand jury and furnish it with information, reports, or studies regarding the administrative practices of county offices.
Law Library
The law library, located in the basement of the county building, provides legal information services to Santa Cruz County residents, lawyers, judges, government officials, and the grand jury.
California Grand Jurors’ Association
The California Grand Jurors’ Association (CGJA) is an all-volunteer organization that supports grand juries throughout the state and promotes public awareness of civil grand juries. A group of former jurors, representing many of the 58 counties, founded the organization in 1982.
CGJA services include training jurors, research and analysis, and educational outreach. This nonprofit organization provides training for new grand jurors, public officials, and community members about the role and responsibilities of grand juries. The organization also tracks legislative, judicial, and legal developments pertinent to grand juries. The CGJA surveys grand jury practices and annually posts an online index of topics covered by grand jury final reports.
Membership in the CGJA is open to current and former California grand jurors. Membership applications are available on the CGJA website, .
Appendix A- Citizen Complaint Form
For Grand Jury Use Only
CC:
Date Rcvd:
By:
Committee:
GRAND JURY CITIZEN COMPLAINT FORM
To: Santa Cruz County Grand Jury
701 Ocean Street, Room 318-I
Santa Cruz, CA 95060
(831) 454-2099
grandjury@co.santa-cruz.ca.us
The Grand Jury Citizen Complaint Form should be prepared and filed with the grand jury only after all attempts to resolve the complaint have been exhausted. The grand jury will not investigate complaints pending before a court of law.
COMPLAINANT INFORMATION:
Name:
Mailing Address: City: Zip Code:
Home Phone: Work Phone: Email:
THIS COMPLAINT IS AGAINST:
1. Include the name and address of the individual or organization the complaint is against.
2. If the complaint is against an individual in an organization, include the individual’s title or position in the organization.
3. Provide the street address (not simply a PO Box), city, and zip code.
4. Designate if the telephone number is for an organization or individual.
Name/Title/Agency:
Address: City: Zip Code:
Phone:
BRIEF SUMMARY OF COMPLAINT:
1. Include dates, agency, names, etc.
2. Describe the problem in your own words.
3. Cite specific instances rather than making broad statements.
4. If you need additional space, continue onto the back of this sheet or attach additional sheets.
BRIEF SUMMARY OF COMPLAINT CONTINUED:
BE ON NOTICE: “Every person who makes a report to the grand jury that a felony or misdemeanor has been committed, knowing the report to be false is guilty of a misdemeanor.” (Penal Code Section 148.5(d))
Any information you provide, including your identity, is confidential.
I certify (or declare) under penalty of perjury that the foregoing is true and correct.
SIGNATURE: DATE:
Formulario del Gran Jurado para Denuncias Civiles
For Grand Jury Use Only
CC:
Date Rcvd:
By:
Committee:
To: Santa Cruz County Grand Jury
701 Ocean Street, Room 318-I
Santa Cruz, CA 95060
(831) 454-2099
grandjury@co.santa-cruz.ca.us
Se debe completar este formulario del gran jurado para denuncias como último recurso (si Ud.ha explorado todos los recursos sin poder arreglar alsituatción). El gran jurado no investigará denuncias que ya están pendientes en una corte.
DENUNCIA:
Su Nombre/Appellido:
Domicilio para el Correo Ciudad:__________________ Código Postal:
# Teléfono de Domicilio: # Teléfono de Trabajo:
ESTA DENUNCIA ES EN CONTRADE:
1. Incluya el nombre y el domicilio del individuo u organización que pertenece a su denuncia.
2. Si su denuncia está en contra de un individuo en una organización, incluya el titulo o la posición
del individuo.
3. Incluya la dirección de la organización.
4. Indique si el número del teléfono es de una organización o de un individuo.
Nombre/Título/Agencia:_____________________________________________________
Domicilio_________________Ciudad:_______________Código_____Postal:________
# Teléfono: _______________________________
RESUMEN BREVE DE LA DENUNCIA:
1. Incluya las fechas, nombres de agencias, etc.
2. Detalle los problemas en sus propias palabras.
3. Detalle las acciones específicas de la situación en vez de escribir situaciones generales.
4. Si Ud. necesita más espacio del que hay en este formulario, continue al dorso; adjunte páginas adicionales a este formulario.
RESUMEN BREVE DE LA DENUNCIA (CONTINUACION ).
COMO QUIERE UD. RESOLVER ESTA DENUNCIA.
ESTA BAJO AVISO: “CUALQUIER PERSONA QUE HACE UN INFORME FALSO AL GRAN JURADO, SE HA COMETIDO UN DELITO MAYOR O MENOR, A SABIENDAS QUE TAL INFORME ES FALSO, ES CULPABLE DE UN DELITO MENOR.” (Sección del código penal 148.5(d).)
INFORMACION QUE UD. PROVEE, INCLUYENDO SU IDENTIDAD, ES CONFIDENCIAL.
YO CERTIFICO (O DECLARO) BAJO SOPENA DE PERJURIA QUE LO ANTERIORMENTE DICHO ES CIERTO Y VERAZ.
FIRMA:______________________________________ FECHA:__________________
Appendix B – Sample Form Letter Responses to Complaints
Form Letter 1 – Acknowledgement
Form Letter 2 – Complaint Form Required
Form Letter 4 – Complaint Form Electoral Process/Elected Officials
Form Letter 3 – Complaint Form Matters before the Court
Form Letter 5 – Complaint Form Not within Grand Jury Jurisdiction
Form Letter 6 – Complaint Form Prisoner Grievance Process Required
Form Letter 1 - Acknowledgement
Date
Name
Address
Dear (Name of Santa Cruz County Citizen),
The Santa Cruz County Grand Jury received your complaint form on _______. Thank you for the time and commitment you invested in this issue.
Law and policy prohibit the grand jury from disclosing any aspect of a complaint or subsequent inquiry of the issue. Complaints are logged into our record, read by the full grand jury, and may be assigned to an appropriate committee for further review. Review, responses, and recommendations, if any, may be contained in the Grand Jury Final Report released in June. The grand jury has no power to remedy individual situations; its charge is to improve the transparency and efficiency of local government. Therefore, you will not receive further communication from us regarding the status of your complaint. The grand jury is the only group aware of your complaint and identity. Each grand juror takes an oath of secrecy to protect the confidentiality of your identity and the information you provide.
We thank you again for your contribution.
Sincerely,
Foreperson Name
Corresponding Secretary Name
Santa Cruz County Grand Jury
Form Letter 2 – Complaint Form Required
The Santa Cruz County Grand Jury received your written communication dated _______. Thank you for the time and commitment you invested in this issue and the information you provided.
A written complaint form is required to initiate a Santa Cruz County Grand Jury inquiry. We enclose a copy of the complaint form for your completion and look forward to receiving this shortly.
Law and policy prohibit the grand jury from disclosing any aspect of a complaint or subsequent inquiry of the issue. Complaints are logged into our record, read by the full grand jury, and may be assigned to an appropriate committee for further review. Review, responses, and recommendations, if any, may be contained in the Grand Jury Final Report released in June. The grand jury has no power to remedy individual situations; its charge is to improve the transparency and efficiency of local government. Therefore, you will not receive further communication from us regarding the status of your complaint. The grand jury is the only group aware of your complaint and identity. Each grand juror takes an oath of secrecy to protect the confidentiality of your identity and the information you provide.
We thank you again for your contribution.
Form Letter 3 – Complaint Form Matters before the Court
The Santa Cruz County Grand Jury received your written complaint dated _______. Thank you for your time and commitment invested in this issue.
The grand jury has no jurisdiction over matters before the court. Grievances before the court are limited to those remedies provided by the court system. Therefore, you will not receive further communication from us because your complaint is outside the jurisdiction of the Santa Cruz County Grand Jury.
Law and policy prohibit the grand jury from disclosing any aspect of a complaint or subsequent inquiry of the issue. The grand jury is the only group aware of your complaint and identity. Each grand juror takes an oath of secrecy to protect the confidentiality of your identity and the information you provide.
We thank you again for the information.
Form Letter 4 – Complaint Form Electoral Process/Elected Officials
The Santa Cruz County Grand Jury received your written complaint dated _______. Thank you for the time and commitment you invested in this issue.
You provided information about an elected official in your complaint. The remedy to complaints about elected officials is the electoral process, through which a candidate must answer to the voters. Therefore, the grand jury will not take further action on this complaint.
Law and policy prohibit the grand jury from disclosing any aspect of a complaint or subsequent inquiry of the issue. The grand jury is the only group aware of your complaint and identity. Each grand juror takes an oath of secrecy to protect the confidentiality of your identity and the information you provide.
We thank you again for the information.
Form Letter 5 – Complaint Form Not Within Grand Jury Jurisdiction
The Santa Cruz County Grand Jury received your written complaint dated _______. Thank you for the time and commitment you invested in this issue and the information you provided.
Complaints are logged into our record, read by the full grand jury, and may be assigned to an appropriate committee for further review. The current grand jury heard your complaint and determined that the subject of your complaint was not within our jurisdiction. Therefore, the grand jury took no action on your complaint. You will not receive further communication from us regarding your complaint.
Law and policy prohibit the grand jury from disclosing any aspect of a complaint or subsequent inquiry of the issue. The grand jury is the only group aware of your complaint and identity. Each grand juror takes an oath of secrecy to protect the confidentiality of your identity and the information you provide.
We thank you again for the information.
Form Letter 6 – Complaint Form Prisoner Grievance Process Required
The Santa Cruz County Grand Jury received your written communication dated _________regarding the ___________facility. Thank you for the time and commitment you invested in this issue and the information you provided.
You should first file your complaint using the appropriate prisoner grievance process at the facility of concern. The grand jury cannot consider your complaint regarding this matter until you have completed this process. If you find your complaint has not been satisfactorily resolved through the grievance process, you may resubmit your complaint on the enclosed form. Please include copies of all prisoner grievance submissions and responses with your completed complaint form to provide background information.
Complaints submitted to the grand jury are logged into our record, read by the full grand jury, and may be assigned to an appropriate committee for further review. The grand jury has no power to remedy individual situations; its charge is to improve the transparency and efficiency of local government. Law and policy prohibit the grand jury from disclosing any aspect of a complaint or subsequent inquiry of the issue. The grand jury is the only group aware of your complaint and identity. Each grand juror takes an oath of secrecy to protect the confidentiality of your identity and the information you provide.
We thank you again for the information.
Appendix C - Complaint Status Form
COMPLAINT STATUS
Date Received by the grand jury: _____________
Date to Foreperson: __________________
Complaint Number: __________________
Name / Address of Complainant: _________________________________________________
_________________________________________________
Date of Acknowledgement Letter: __________________
Date and Committee Assigned: ___________________________________
Committee Action: ______________________________________________
_____________________________________________________________
Date of Closure:__________________
Appendix D - Complaint Log Form
Complaint Log, Santa Cruz County Grand Jury
|COMPLAINT |DATE |SUBJECT MATTER |COMMITTEE |STATUS |DATE CLOSED |
|NUMBER |RECEIVED | | | | |
| | | | | | |
| | | | | | |
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Appendix E - Grand Jury Admonition Form
Thank you for attending this interview. We want you to know the following:
1. This is an information gathering session only.
2. You are not under oath, but you should be open, candid, and complete concerning the topic under discussion.
3. The Santa Cruz County Grand Jury may pursue further interviews if it determines that clarification is necessary.
4. If, in response to this interview, you are asked to provide the grand jury with documents or additional information, do not disclose the reason for or the source of the request.
5. California Attorney General Opinion No. 02-1108 states, “You are admonished not to reveal to any person, except as directed by the court which questions were asked or what responses were given or any other matters concerning the nature or subject of the grand jury’s investigation which you learned during your appearance before the grand jury, unless and until such time as a transcript (if any), or a final report, of this grand jury proceeding is made public or until authorized by the grand jury or the court to disclose such matters. A violation of this admonition is punishable as contempt of court.”
6. This admonition does not preclude you from discussing your legal rights with an attorney.
7. Any information gathered by the committee may be reported to the full Santa Cruz County Grand Jury.
The Santa Cruz County Grand Jury stresses confidentiality for several reasons:
1. It is required by law. We take an oath to maintain the confidentiality of our grand jury activities.
2. Grand jury testimony and information cannot be subpoenaed or forced to be disclosed to any other party.
3. Sometimes the grand jury will inquire into a matter but not publish a report. Under these circumstances, confidentiality protects you or your agency.
4. Confidentiality preserves the privacy of witnesses.
Name:________________________________________________ Date:____________________
Signature:_________________________________________________________
Appendix F – Codes and Acts Relating to the Grand Jury
Penal Code §933.05
Ralph M. Brown Act
Public Records Act
Political Reform Act of 1974
Summary of Authorizing Codes
The California Grand Jurors’ Association publication A Compendium of California Grand Jury Law is available in the Grand Jury Room. This publication is a collection of California statutes linked to summaries of California court decisions and Attorney General opinions relating to California Grand Juries and is current as of 2013.
Penal Code §933.05
1. For purposes of subdivision (b) of Section 933, as to each grand jury finding, the responding person or entity shall indicate one of the following:
a. The respondent agrees with the finding.
b. The respondent disagrees wholly or partially with the finding, in which case the response shall specify the portion of the finding that is disputed and shall include an explanation of the reasons therefore.
2. For purposes of subdivision (b) of Section 933, as to each grand jury recommendation, the responding person or entity shall report one of the following actions:
a. The recommendation has been implemented with a summary regarding the implemented action.
b. The recommendation has not yet been implemented but will be implemented in the future, with a time frame for implementation.
c. The recommendation requires further analysis including an explanation and the scope and parameters of an analysis or study. The responding entity or person should add a time frame for the matter to be prepared for discussion by the officer or director of the agency or department being investigated or reviewed, including the governing body of the public agency when applicable. This time frame shall not exceed six months from the date of publication of the grand jury report.
d. The recommendation will not be implemented because it is not warranted or is not reasonable, with an explanation therefore.
3. However, if a finding or recommendation of the grand jury addresses budgetary or personnel matters of a county department headed by an elected officer, both the department head and the Board of Supervisors shall respond if requested by the grand jury. The response of the Board of Supervisors shall address only those budgetary or personnel matters over which the board has some decision-making authority. The response of the elected department head shall address all aspects of the findings or recommendations affecting his or her department.
4. A grand jury may request a subject person or entity to come before the grand jury for the purpose of reading and discussing the findings of the grand jury report that relates to that person or entity in order to verify the accuracy of the findings prior to their release.
5. During an investigation, the grand jury shall meet with the subject of that investigation regarding the investigation, unless the court, either on its own determination or upon request of the Foreperson of the grand jury, determines that such a meeting would be detrimental.
6. A grand jury shall provide to the affected agency a copy of the portion of the grand jury report relating to that person or entity two working days prior to its public release and after the approval of the supervising judge. No officer, agency, department, or governing body of a public agency shall disclose any contents of the report prior to the public release of the final report.
Ralph M. Brown Act
The Ralph M. Brown Act governs meetings conducted by local “legislative bodies” such as boards of supervisors, city councils, and school boards. The purpose of the Act is to ensure that the deliberations as well as the actions of all local public bodies are performed at meetings for which the public has been given adequate notice. It is to prevent government business from being conducted in secret.
At the same time, the Act recognizes the need for confidential candor, debate, and information gathering. Thus, while the legislature has established a presumption in favor of public access, the Act also contains specific exceptions from the open meeting requirements when government has demonstrated a need for confidentiality. For example, a public body may meet in closed session to discuss such things as personnel matters, pending litigation, real estate negotiations, labor negotiations, and public security matters.
The statutes define what bodies are covered by the Brown Act, clarify what constitutes a meeting, have detailed provisions regarding notice and agenda requirements, and establish the rights of the public not only to attend the meetings but also to address the governing body.
The Act applies not only to meetings of, for example, the Board of Supervisors, but also to commissions and committees created by the Board of Supervisors, whether permanent or temporary, advisory, or decision-making. However, an advisory committee that is comprised of less than a quorum of the members of the Board is not subject to the Act unless the advisory committee is a standing committee.
A “meeting” includes any congregation of a majority of the members of the legislative body at the same time and place to hear, discuss, or deliberate upon any matter that is under the subject matter jurisdiction of the agency. Lunches or social gatherings would constitute a meeting if issues under the subject matter jurisdiction of the body are discussed or decided. However, attendance by a majority of the legislative body at a purely social or ceremonial occasion is not deemed to be a meeting, so long as the members do not discuss amongst themselves specific business within the jurisdiction of the body.
The Brown Act specifically prohibits any use of direct communication, intermediaries, or technological devices that are employed by a majority of the members of the legislative body to develop a collective concurrence as to an action to be taken. These are frequently referred to as “serial meetings” that are generally a series or chain of communications, each of which involves less than a quorum of a legislative body, but which, taken as a whole, involves a majority of the body’s members.
Under the Act, the public is guaranteed the right to provide testimony at a regular or special meeting on any subject that will be considered by the legislative body either before or during its consideration of the item. Additionally, the public has the right at every meeting to provide testimony on any matter under the body’s jurisdiction, even if it is not on the agenda. However, the body may enact regulations to limit the total amount of time for testimony on particular issues.
The Brown Act provides criminal misdemeanor penalties for certain violations. Civil remedies include an injunction to prevent a violation or a declaratory relief that one has occurred. Interested persons or the District Attorney may bring civil actions. In addition to granting injunctive relief, the court may declare actions taken in violation of the Act to be null and void. Finally, a successful plaintiff may receive attorneys’ fees, but the award is against the agency, not the individual member or members who violated the Act. Conversly, the defendant agency may also receive attorneys’ fees when it prevails in a final action and when the proceeding against it is found to be frivolous and without merit.
Public Records Act
The California Public Records Act states that the legislature, :
“mindful of the rights of individuals to privacy, finds and declares that access to information concerning of people’s business is a fundamental and necessary right of every person in this state.”
Since the California Constitution provides that the right of privacy is an inalienable right enjoyed by all California citizens, the Public Records Act is an attempt to balance two competing considerations: the right of privacy and the right of the people to have access to information.
The general rule is that all public records, which are broadly defined as any written information relating to the public’s business that is prepared, owned, used, or retained by any state or local agency, are open to inspection at all times during the office hours of the agency, subject only to reasonable regulations as to the procedures to be followed in such inspection.
The seven most common exemptions to the requirement for disclosure are:
1. Personnel records and other personal privacy information
2. Preliminary drafts and inter-agency memos
3. Records related to: juvenile court matters; welfare grants; MediCal; mental health and health; child abuse information and reporting.
4. Records pertaining to litigation
5. Records pertaining to law enforcement investigations
6. Records covered by the attorney-client (and other) privileges
7. Information covered by the “balancing test” (i.e. that the facts of the particular case justify withholding the record based on the following test: that the public interest served by not making the record public clearly outweighs the public interest served by the disclosure of the record)
The Public Records Act also provides for judicial remedies. If a person has been denied access to a public record, the person may institute court proceedings to enforce his or her right to inspect the records if it has been wrongfully denied. The court will then examine the disputed record in chambers (in camera) and, after consideration of all evidence and argument, determine whether all or a portion of the record should be disclosed. Costs and attorneys’ fees must be awarded to a plaintiff who prevails; on the other hand, if the judicial action is determined to be frivolous, the court must award the public agency costs and attorneys’ fees.
Political Reform Act of 1974
The Political Reform Act of 1974 is the starting point for a consideration of conflict of interest laws in California. The purpose of the conflict of interest provisions is stated in the Act as follows:
“Public officials, whether elected or appointed, should perform their duties in an impartial manner, free from bias caused from their own financial interests or the financial interests of persons who have supported them.”
The Political Reform Act sets up a mechanism whereby the “assets and income for public officials which may be materially affected by their official actions…[are] disclosed and in appropriate circumstances the officials…[are] disqualified from acting in order that the conflicts of interest may be avoided.”
The Fair Political Practices Commission (FPPC) is the agency primarily charged with the responsibility of advising officials and the public and enforcing the conflict of interest provisions of the Act.
The Political Reform Act has two parts. First, public officials are disqualified from participating in government decisions in which they have a financial interest. Second, public officials whose decisions could affect their economic interests are required to file economic interest statements that are public record. The Act does not prevent public officials from owning or acquiring financial interests that conflict with their official duties nor does the mere possession of such interest require officials to resign from office.
Under the first part of the Act, a public official is disqualified from making, participating in the making, or using his or her official position to influence the making of a decision at any level of the decision-making process if the decision could affect the official’s economic interest. The Act establishes a broad objective disqualification standard intended to cover both actual and apparent conflicts of interest between a public official’s private interest and his or her public duties.
It is not necessary to show actual bias on the part of the official. Conflicts arising out of matters other than a financial interest are outside the purview of the Act. For example, friendship, blood relationship or general sympathy for a particular viewpoint are not included.
To determine whether conflict of interest exists under the Act, five questions must be asked:
1. Is a public official involved?
2. Does the official have a statutorily defined economic interest?
3. Is the official making, participating in the making of, or using his or her official position to influence the making of a governmental decision?
4. Is it reasonably foreseeable that the decision could materially affect the official’s economic interest?
5. Will the effect of the decision on the public official’s economic interest be distinguishable from its effect on the public generally?
If the answer to all five of these questions is “yes,” a conflict of interest exists, and the disqualification requirement is activated. There are specific provisions in the Act, as well as regulations adopted by the Fair Political Practices Commission, opinions by the Commission, Attorney General opinion, and case law that assist in analyzing each situation on a case-by-case basis.
Once a public official determines that he or she has a financial interest in a decision necessitating disqualification, the official must publicly announce the economic interest that is the subject of the potential conflict of interest, and the fact that the official is disqualifying him or herself from any participation in the decision.
The second basic purpose of the Act, i.e. the disclosure provisions, serves to make assets and income of public officials a matter of public record. By making officials and the public aware of what constitutes a conflict of interest, they will be able to identify conflicts of interest situations and, when appropriate, officials may disqualify themselves from participating in discussions and votes.
The economic disclosure provisions apply to state and local officials who may materially affect the private economic interest through the exercise of their public duties. These public officials must disclose their private economic interests on a document entitled “Statement of Economic Interests.” There are three basic types of documents: assuming office, annual, and leaving office. These statements disclose the types of interest in real property, investments, business positions, and sources of income and gifts that the public official potentially could affect in his or her public capacity. Except for the disclosure of gifts, officials need not disclose the specific amount of their economic interest; they are merely required to mark the appropriate value applicable, for example, less than $1,000 to $10,000 or more than $10,000. All Statements of Economic Interest are available for public inspection during regular business hours.
The Political Reform Act also limits the amount of gifts that can be received by specified officials and candidates from a single source and requires gifts and travel expenses to be reported. It prohibits the receipt of honoraria by elected state and local officers and candidates. The Act also contains provisions that limit the receipt of campaign contributions.
The Political Reform Act carries administrative, civil, and criminal penalties for its violation. Administrative penalties are levied by the FPPC after a hearing or stipulation. The local civil prosecutor or any person residing within the official’s jurisdiction may seek civil penalties, including injunctive relief. The Attorney General, the FPPC, and District Attorneys have concurrent jurisdiction over criminal violations. A plaintiff who prevails in an action may be awarded attorneys’ fees; a prevailing defendant, however, may be awarded attorneys’ fees only if the plaintiff’s suit is found to be frivolous, unreasonable, or without foundation.
Summary of Authorizing Codes
|Code |Section |Allowable |Function |Objective |
|GC |3060 |May |(present) an accusation in |against any officer of a district, county, city, |
| | | |writing |including any member of the governing board or personnel|
| | | | |commission of a school district, for willful or corrupt |
| | | | |misconduct in office. |
|PC |892 |May |proceed against |a corporation. |
|PC |917 |May |inquire into all public offenses |committed or triable within the county and present them |
| | | | |to the Court by indictment. |
|PC |918 |May |declare to fellow jurors |that a public offense, triable within the county, has |
| | | | |been committed. |
|PC |919(a) |May |inquire into |the case of every person imprisoned in the jail of the |
| | | | |county on a criminal charge and not indicted. |
|PC |919(b) |Shall |inquire into |the condition and management of the public prisons |
| | | | |within the county. |
|PC |919(c) |Shall |inquire into |the willful or corrupt misconduct in office of public |
| | | | |officers of every description within the county. |
|PC |920 |May |investigate and inquire into |sales and transfers of land and into the ownership of |
| | | | |land which, under the state laws, might or should |
| | | | |escheat to the State of California. |
|PC |921 |Is entitled |to free access, at all times, to |the public prisons and to the examination, without |
| | | | |charge, of all records within the county. |
|PC |925 |Shall |investigate and report on |the operations, accounts and records of the officers, |
| | | | |departments or functions of the county including those |
| | | | |operations, accounts and records of any special |
| | | | |legislative district or other district in the county |
| | | | |created pursuant to state law for which the officers of |
| | | | |the county are serving in their ex officio capacity as |
| | | | |officers of the districts. The investigations may be |
| | | | |conducted on some selective basis each year. |
|PC |925(a) |May |examine books and records of any |to investigate and report upon the fiscal matters of any|
| | | |incorporated city or joint powers|such city or joint powers agency and make such |
| | | |agency |recommendations as it may deem proper and fit. |
|PC |926(a) |May (with approval of |employ one or more experts |for purposes of §925, 925(a), 928, 933.1 and 933.5. |
| | |the court) | | |
|PC |926(b) |May (with approval of |employ one or more expert |to assist in the examination of the books, records, |
| | |the court) |auditors or appraisers |accounts and documents maintained and processed by the |
| | | | |county assessor. |
|PC |927 |May |and when requested by the Board |investigate and report upon the needs for increase or |
| | | |of Supervisors shall |decrease in salaries of the county elected officials. A |
| | | | |copy of such report shall be transmitted to the Board of|
| | | | |Supervisors. |
|PC |928 |May |investigate and report upon the |all county officers in the county, including the |
| | | |needs of |abolition or creation of offices and the equipment for |
| | | | |or the method or system of performing the duties of the |
| | | | |several offices. |
|PC |932 |May |order the district attorney to |to recover any money that, in the judgment of the grand |
| | | |the county to institute suit |jury, may from any cause be due the county. |
|PC |933 |Shall |submit a final report of its |to the supervising judge of the Superior Court. |
| | | |findings and recommendations that| |
| | | |pertain to county government | |
|PC |933.5 |May |at any time examine the books and|any special purpose assessing or taxing district located|
| | | |records of |wholly or partly in the county and…may investigate and |
| | | | |report upon the method or system of performing its |
| | | | |duties. |
|PC |934 |May |at all times, ask the advice of |the court or the judge thereof or the district attorney |
| | | | |or of the county counsel. |
|PC |935 |May |at all times, ask |the district attorney for assistance in interrogating a |
| | | | |witness unless it is the district attorney’s office |
| | | | |being investigated. |
PC = Penal Code; GC = Government Code
Appendix G – Contacts and Websites
Contact information for various offices and agencies is maintained in the spreadsheet “Agency Contacts and Websites” in the editorial committee’s folder.
The document is also linked here.
Useful Web Links
|Library of Congress | |
|Library of Congress Legislative Information | |
|National Archives: Federal Public Law Search | |
|National Archives: Federal Regulations Search | |
|Government Printing Office: | |
|Multi Database Search | |
|State of California | |
|California Grand Jurors’ Association | |
|California Law Search Engine | |
|California Constitution | |
|California Penal Code | |
|California Attorney General | |
|California Attorney General Opinions | |
|The Brown Act | |
|League of California Cities | |
|California State Association of Counties | |
|California Special Districts Association | |
|County of Santa Cruz | |
|Santa Cruz County Codes | |
|Santa Cruz County Law Library | |
|Santa Cruz County Office of Education | |
|United Way: Community Assessment Report for Santa | |
|Cruz County | |
|Santa Cruz County Homeless 2000 Census and Needs | |
|Assessment | |
|2011 Homeless Census & Survey Comprehensive Report |
| |taCruzHomelessReport.pdf |
|2013 Homeless Census & Survey Graphic |
| |phic_SubPopulationSummary_SantaCruz.pdf |
|City of Capitola | |
|City of Santa Cruz | |
|City of Scotts Valley | |
|City of Watsonville | |
|Google Scholar | |
Appendix H – Investigation Proposal Guidelines
Purpose: The investigation process begins with a committee proposal submitted to the entire grand jury for approval. The proposal establishes the parameters and scope for the committee’s investigation. The details of the investigation may change as a topic is researched; therefore, it is the committee’s responsibility to submit proposal amendments to the full panel for approval prior to continuing the investigation. The proposal is to guide the writing of the final report and will be used to verify that the report addresses the scope of the intended investigation. In addition, the grand jury should be kept informed of the progress of the study to ensure that the scope of the investigation is addressed.
Proposal Components: The following components should be addressed in each proposal submitted by a committee to the full panel.
Header: Include draft # and date in the header of the proposal.
Title: Santa Cruz County Grand Jury, Title of Committee, Investigation Proposal Title
Background: Provide a paragraph or two regarding the background information on the topic such as why it is important, when and if it has been investigated before, whether it is a complaint, what preliminary information has been gathered. The background could also include what led the committee to consider this issue.
Subject of the Investigation: Explain the nature of the investigation and what issues are to be addressed. The subject could be framed in a question: “Is there enough . . ?” “Who’s in charge?” “Is money being spent appropriately?”
Scope of the Project: Describe the parameters of the investigation including the depth of the investigation and the questions you expect to have answered. Being specific in the scope will give the full panel an understanding of the merit of the investigation and if the committee will be able to accomplish it in the time allotted.
Timeline: Outline the time the committee needs to conduct a thorough investigation. The investigation must be completed in the current year’s grand jury term.
Benefits: Define who and how the county, agency, or citizens will benefit from the investigation.
Investigation Outline: Indicate the data to be requested and gathered as well and interviews and tours to conduct.
The committee proposal is to be submitted by email to the full panel one week prior to presenting the investigation to the full panel for approval. A one-week time frame will allow the panel members to read and study the proposal prior to action. The committee chair should inform the foreperson to place the proposal on the full panel meeting agenda.
Appendix I - Grand Jury Year Timeline
July
● Handle administrative details ( Orientation )
● Read Handbook
● Read last year’s Report
● Form committees and select officers ( Initial Grand Jury )
● Learn to use Google Drive and applications
● Attend CGJA training
August
● Consider topics for investigation ( Reports )
● Review citizen complaints
● Participate in jail inspections
● Meet with various city and county officials
September
● Select topics
● Write proposals ( Proposal and Investigation Process )
● Obtain full panel approval
October - December
● Research topics
● Conduct interviews
● Identify lead writers
● Subpoena documents as necessary
● Fill out work plan templates as you go ( Investigation Proposal Guidelines )
January
● Wrap up investigative tasks
● Review work plan templates with editorial
February
● Create draft report templates from work plan templates ( Formatting Final Report )
● Review drafts with editorial
● Present drafts to full panel
● Start validation process
March
● Create completed draft of reports
● Review drafts in detail with editorial
April
● Present completed reports to full pane
May
● Review completed reports with counsel
● Begin verification interviews with respondents
● If necessary, review revised reports with full panel
● Review completed reports with judge
● If necessary, review revised reports with full panel
● Meet with prospective grand jurors
June
● Submit final reports to editorial for consolidation and publication
● Release reports and hold press conference
● Welcome new grand jury
● Complete exit tasks if not continuing
Appendix J – Editorial Timeline
July - August
● Issue Initial press release Media Release ( Press Release Boilerplate Media List )
● Send reminder letters to prior year’s report respondents
( Prior Year Report Spreadsheet )
● Make changes to handbook as needed (ongoing)
September - October
● Evaluate prior year’s report responses for correct format and completion
● Determine need for continuity reports - Handbook p56
● Post report responses [and continuity reports if needed] on county website
● Issue Responses press release ( Press Release Boilerplate Media List )
November - December
● Distribute work plan template ( Work Plan Table ) to FP
● Review work plan templates with lead writers
● Agree on report schedules with lead writers
January - February
● Present writing workshop tips to FP
● Review first and second drafts with lead writers
March - April
● Return report to committees for substantive changes
● Take group photo
May - June
● Approve final drafts after committees verify findings
● Ensure that review by DA, deputy Co Counsel and Judge are performed (Edit. item 6)
● Consolidate committee reports into full report document
● Insert letter, photo and list of jurors into report
● Add report and respondents to Prior Year Reports spreadsheet ( Prior Year Report )
● Email report with cover letter, response forms, and press release to affected officials and agencies 48 hours prior to public release
● Email copy of press release with press conference notification to media and county officials
● Publish report and issue press release
( Press Release Boilerplate Media List )
Appendix K - Formatting Final Report
This format is to be used when converting the report to Word after it has been written in Google Docs. Do not use it in Google Docs.
The Title [style=Title] Arial 18 pt. bold
The Subtitle [style=Subtitle] Arial 18 pt.
First Level Heading (Arial 12 point bold) [Style=Heading 1]
The body of the text is Arial 12 point normal. [style=Normal]
Second Level Heading (Arial 12 point bold and italicized) [style=Heading 2]
The body of the text is Arial 12 point normal. [style=Normal]
Third Level Heading (Arial 12 point italicized) [style=Heading 3]
The body of the text is Arial 12 point normal [style=Normal]
Emphasis sentences will be bold, italicized, red and left justified. [style=Emphasis]
Emphasis sentences are cleaved from the narrative to stand out.
Insert 1 space after periods and colons.
Left justify block quotes
Block quotes are italicized[style=Quote]
Findings and Recommendations (Arial 12 point bold) [Style=Heading 1]
F1. The body of the text is Arial 12 point normal.
Sources (Arial 12 Point bold)
Citation format (See CMOS online , Author-Date tab, for more examples)
Example:
1. Stolberg, Sheryl Gay, and Robert Pear. 2010. “Wary Centrists Posing Challenge in Health Care Vote.” New York Times, February 27. Accessed February 28, 2010.
Please note that citations should be left justified in their entirety to the margin of the report.
NOTE: The Grand Jury is deviating from the Chicago Manual of Style standard of adding a period at the end of the link, as demonstrated in the examples shown above and below.
For format of the expanded reference in the back of the report, go to the authoritative source, the Chicago Manual of Style. Here is a link to the section that discusses the formats to use for each different category of publication: . We are using the “author-date” convention and not the “notes and bibliography” convention. When using this online tool to format citations, click the Author-Date tab.
Source format of a website
A citation to website content can often be limited to a mention in the text (“As of July 19, 2008, the McDonald’s Corporation listed on its website . . .”). If a more formal citation is desired, it may be styled as in the examples below. Because such content is subject to change, include an access date or, if available, a date that the site was last modified. In the absence of a date of publication, use the access date or last-modified date as the basis of the citation.
3. McDonald’s Corporation. 2008. “McDonald’s Happy Meal Toy Safety Facts.” Accessed July 19.
Citations
“Chicago uses superscript numbers (_) to mark citations in the text... The number is typed after any punctuation mark except the dash, and no space is left between the superscript and the preceding letter or punctuation mark.”
Citation enumerations in body of the report should be bracketed and superscripted like this.[25] One enumeration - one publication; do not keep tallying up new numbers for the same publication. Place numerical citations of sources in brackets and superscript.[11] Display in black when referring to a printed source, display in blue to indicate a link.
Use superscripts as in the following examples:
1. …formal agreements in place with school districts.[12]
No space between period and superscript
2. Economic Impact Aid[82]
No space between preceding text and superscript
3. We were told by some of the districts that better quality dropout data was needed in order to draw valid conclusions.[71] [72] [73]
No space between period and superscript, spaces between multiple superscripts
If the cited publication is a web publication, make the bracketed number a link to that publication (i.e. when you select the number in the report, a link to the publication should pop up).
At the end of the report, list:
● Enumerated citations
● General resources that aren’t specifically cited but ARE GERMANE to the investigation
● Site visits with dates
● Insert comma after each item in a list except the last item
Spacing
● Set line spacing at 1.0.
Definitions
(Blank line before text)
● CEQA: California Environmental Quality Act - A statute that requires state and
Quotes
● Indents for quotes are ½ inch. (both sides)
● Citations are placed outside the quotes.
● Quotes. Trailing punctuation goes inside the quotes.
○ ex: Editorial said “Finish this report or die.”[1]
After a report has been returned by the judge and just before the report content is final, sift through the report and ensure that all references match those listed at the end of the report.
Appendix L - Glossary
|Accusation |A non-criminal process under Government Code 3060 that a Grand Jury can initiate to remove a public officer |
| |from office for malfeasance or nonfeasance. |
|Accuse |To formally charge someone with committing a crime. |
|Ad hoc |For a particular purpose and usually for a limited time, as an ad hoc committee of the Grand Jury. |
|Admonition |Warning given to a witness, juror, or attorney. |
|Brown Act |A state law, named after former Assemblyman Ralph M. Brown, which forbids certain local government elected |
| |bodies from holding secret meetings and regulates the holding of executive sessions. |
|CAO |County Administrative Office. The department that the Board of Supervisors employs to assist in |
| |administering a county. The term is also found in city government. |
|CDCR |California Department of Corrections and Rehabilitation. A state agency that is in charge of the prison |
| |system |
|CGJA |California Grand Jurors’ Association. |
|Charter |A method by which a city or county can acquire more control (sometimes called “home rule”) over its affairs |
| |(see general law). |
|Citation |A judicial summons. |
|Consent Agenda |A list of non-controversial or routine matters a public body can approve in one motion. |
|Contempt of Court |Willful disobedience or disregard of the authority of the court. |
|Counsel |A lawyer or lawyers engaged in a cause in court, an advocate. |
|CSAC |An informal term for California State Association of Counties. |
|Deposition |Sworn testimony taken in writing by a certified court reporter |
|Disposition |The formal decision of a court in a case. |
|District Attorney |The chief law enforcement officer or the top prosecuting official of the county. In California, this is an |
| |elected official. |
|Exculpatory |Evidence that provides someone with an excuse or justifies a claim of innocence. |
|Executive Session |A meeting that complies with applicable statutes but is closed to the public. |
|Final Report |The report a grand jury issues at the end of its term, or during its term, describing its findings and |
| |recommendations. |
|Finding |An assertion, conclusion, or judgment based on one, or more, facts. A finding summarizes a fact, or facts, |
| |into a concise and crisp form that clearly will lead to one or more following recommendations. |
|Full Panel |Refers to the entire grand jury. aka plenary |
|General Law |A city or county governed by the general laws of the state rather than its own charter (see “charter”). |
|Habeas Corpus |A legal document requiring officials to bring a prisoner before the court to decide whether the person is |
| |being lawfully held in custody. |
|Hearing |Court procedure. |
|Impanel |To draw jurors from the citizenry and qualify them for jury service. |
|In Camera |In privacy or secrecy. |
|Incorporated City |A city created under state laws governing incorporation. |
|Indictment |A formal accusation presented by a grand jury initiating a criminal case and usually required for felonies |
| |and other serious crimes. |
|Infraction |A minor violation, less than a misdemeanor, for which a fine or some other penalty than incarceration is |
| |imposed. |
|Investigations, Civil |Techniques such as interviewing, auditing, and observing that the grand jury uses to gather data. |
|Jail |A city or county institution that confines persons found guilty of crimes or in which persons are held for |
| |arraignment or during trial. Not a synonym for prison. |
|Joint Powers Agencies |Legal entities that two or more local governments may create by contract to perform a function common to |
| |both or all parties. |
|Jurisdiction |Subjects or geographic territory over which an offical body has authority. |
|Jurist |Use this term to refer to judges or other legal experts but not jurors. |
|LAFCO |Local Agency Formation Commission. A local body appointed for a variety of purposes including Special |
| |Districts, the review of efforts to incorporate cities, and change boundaries. |
|Liability |The risk borne by a person or body for improperly exercising their powers. |
|Libel |The written form of defamation of character. |
|Malfeasance |An abuse of power or responsibility by a public officer. |
|McClatchy Case |A California superior court case dealing with certain matters crucial to grand jury proceedings, such as |
| |secrecy, “raw evidentiary material,” and the authority of the courts over grand jury final reports. |
|Nonfeasance |The omission of some act that ought to have been performed. |
|Oath |A declaration of truthfulness made before a court. |
|Offense |A legal term for violation of a criminal code. |
|Ordinance |A statute of a city, village, township, county, or special district. |
|Own Recognizance |Release of a person on his or her promise to appear in a court; an alternative to posting bail, by court |
|(OR) |decision. |
|Panel |The entire grand jury. |
|Penal Code |The statutes that specify crimes and penalties. |
|Perjury |Willfully making a false statement under oath. |
|Plaintiff |A person who institutes a civil, rather than a criminal, lawsuit. |
|Petit Jury |A trial jury ordinarily consisting of twelve jurors. |
|Preliminary Hearing |A hearing at which a judge determines whether the evidence of an alleged crime justifies a trial. |
|Presentment |The written statement of an offense by a grand jury, of their own knowledge or observation, when no |
| |indictment has been laid before them. |
|Presiding Judge |The judge elected by colleagues to serve as the administrative head of the superior court for a year. |
|Prison |A state institution incarcerating persons found guilty of felonies. |
|Probable Cause |Standard by which the Grand Jury believes that an accused person committed a crime. |
|Probation |Suspension of incarceration under conditions specified by the court. |
|Prosecute |To present a case before the court to establish guilt. |
|Public Defender |A person the court names to defend someone who cannot afford counsel. |
|Quorum |The number of grand jurors required by law to conduct business. |
|Recommendation |Advice from the grand jury published in a final report. Recommendations are based on findings in the report.|
|Request for Proposal (RFP) |An announcement by an entity that it wishes to obtain designated professional services. |
|Slander |The spoken form of defamation of character. |
|Special Circumstances |Allegations of specifically designated conduct (e.g., killing a peace officer) that will allow imposition of|
| |the death penalty in a sentence. |
|Statute |Law established by a city, county, state, or federal legislative body. |
|Statute of Limitations |Time within which prosecution must begin. |
|Subpoena |An order to appear to give sworn testimony or to surrender records. |
|Summons |An order to appear in court. |
|Sunshine Laws |Statutes that try to ensure that the government operates openly for the citizenry rather than for the |
| |self-interests of elected or appointed officials. |
|Superior Court |The court of origin or trial jurisdiction for felony/misdemeanor cases and juvenile hearings. |
|Testimony |Evidence given by a person who is qualified and sworn as a witness. |
|True Bill |A bill of indictment endorsed by a grand jury as being sufficiently supported by evidence to justify a |
| |hearing of the case. |
|Unincorporated Area |Communities that have not gone through the legal process of becoming municipal corporations. |
|Warrant |A judicial written process requiring that specified action be taken in accordance with the law. |
Appendix M - Grand Juror Exit Form
This form is to be completed by each Santa Cruz County Grand Juror at the conclusion of service due to resignation, termination or expiration of term.
I hereby certify that I have performed the following:
1. Destroyed all personal notes, computer files, and recordings relating to any confidential grand jury study or investigation
2. Returned to the Grand Jury Room any reference materials or unused supplies
3. Returned to the Foreperson all Grand Jury door and file keys
I hereby certify that I shall keep secret whatever any other grand juror or I have said, and in what manner any other grand juror or I have voted on a matter before the Santa Cruz County Grand Jury.
Name:____________________________ Key #:___________
Signature:_________________________ Date:___________
Accepted by Foreperson:___________
Foreperson signature:________________________ Date:__________
Appendix N - Work Plan Table
|Fact |Triangulation |Impact on |Finding |Recommendation |Department |
| | |county | | | |
|List each fact, |At least two sources,| |Conclusion from |or Commendation |List respondents |
|including background |pref. 3 | |facts | | |
|facts | | | | | |
| | | | | | |
| | | | | | |
| | | | | | |
Appendix O - Media List
Mountain Network News
Serving Loma Prieta, Lexington, Lakeside, Redwood Estates, Glenwood, and other communities in the Santa Cruz Mountains.
Articles - We invite individuals and organizations to submit letters and articles. Email news@, fax to 408-353-3198, or mail to MNN, 23625 Sky View Terrace, Los Gatos, CA 95033-9212. For information,
call Neil Wiley (408-353-1901).
KPIG 107.5 - Watsonville
Santa Cruz Sentinel
Santa Cruz County's daily news source.
Editor- Don Miller, 831-706-3282 dmiller@
City Editor: Julie Copeland, 831-429-2436 jcopeland@
Reporters
Agriculture - Donna Jones, 831-763-4505 djones@
Business - Jondi Gumz, 831-706-3253 jgumz@
Capitola - Jondi Gumz, 831-706-3253 jgumz@
Crime/courts
Stephen Baxter, 831-429-2449 sbaxter@
Calvin Men, 831-706-3286 calvinmen@
Julie Copeland, 831-429-2436 jcopeland@
Shanna McCord, 831-429-2401 smccord@
Editorial Board Contact - Don Miller, 831-706-3282 dmiller@
Education
Pajaro Valley: Donna Jones, 763-4505 djones@
Santa Cruz City Schools, County Office of Education: J.M. Brown,
429-2410,jbrown@
Scotts Valley schools, Shanna McCord, 831-429-2401 smccord@
Soquel: Don Fukui, 831-706-3252 dfukui@
UCSC: J.M. Brown, 831-429-2410, jbrown@
Environment
Jason Hoppin, 831-706-3267 jhoppin@
Santa Cruz - J.M. Brown, 429-2410, jbrown@
Aptos, Davenport, Scotts Valley & Soquel - Shanna McCord,
831-429-2401, smccord@
San Lorenzo Valley & Live Oak - Kara Guzman, 831-706-
3279 kguzman@
Santa Cruz County - Jason Hoppin, 831-706-3267 jhoppin@
Watsonville & Pajaro Valley - Donna Jones, 831-763-4505 djones@
Health Care - Jondi Gumz, 831-706-3253 jgumz@
Housing - Jondi Gumz, 831-706-3253 jgumz@
Local News Editor- Julie Copeland, 831-429-2436 jcopeland@
Transportation - Jason Hoppin, 706-3267 jhoppin@
Scotts Valley Banner and Valley Press - Ben Lomond
News and letters to the editor:pbeditor@
Editor - Peter Burke, peter@
Reporter - Joe Shreve, joe@
Santa Cruz IndyMedia
Collective of independent media organizations and hundreds of journalists offering grassroots, non-corporate coverage.
santacruz.
To contact the Santa Cruz Independent Media Center, send an email to scimc at
KUSP 88.9
Noncommercial, community radio station.
General Manager: Terry Green, terryg@kusp. Org
Director of News, Talk and Information Programs: J.D. Hillard, jd@
Morning Edition host: Johnny Simmons, gjs@kusp. org
City on a Hill Press
UCSC organization reporting issues affecting student population and the Santa Cruz Community
UCSC Press Center, 11156 High Street, Santa Cruz – editors@
Good Times
Weekly
News: Elizabeth@
Santa Cruz Weekly
Weekly
Editor: Steve Palopoli – 831-457-9000
Staff Writers: Jacob Pierce, Richard von Busack, Georgia Perry
Contributing Editor: Christina Waters
KSCO AM 1080
broadcast local news and talk to an audience of adult decision-makers throughout the Monterey Bay area
Susan Simon – News Department Contact – 831-475-1080 Fax 831-475-2967
KSBW NBC/ABC
238 John St., Salinas, CA 93901
831-758-8888 - Telephone
Lawton Dodd is the News Director
KION CBS
News Department
newstips@
Register-Pajaronian
100 Westridge Dr., Watsonville, CA 95076 • Ph: 831-761-7300 • Fax: 831-722-8386
News Room – Press Releases - newsroom@register-
Reporters:
Erik Chalhoub, (831) 761-7353, Email: echalhoub@register-
Roseann Hernandez, (831) 761-7329, Email: rhernandez@register-
Todd Guild, (831) 761-7328, Email: tguild@register-
Patch – Scotts Valley
Editor Dave Colby - dave.colby@
Patch – Capitola - Soquel
Editor Dave Colby - dave.colby@
Patch – Santa Cruz
Editor Brad Kava – brad.kava@
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[1] 25 Op. Atty Gen. 259
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