Santa Cruz County Grand Jury Handbook
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Santa Cruz County
Grand Jury Handbook
Revised 2013-2014
Santa Cruz County Grand Jury Handbook
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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
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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
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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
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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
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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 (www.cgja.org), 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
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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.
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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.
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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
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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
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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)
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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)
1
25 Op. Atty Gen. 259
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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
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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
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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 lightsout 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
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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
scgrandjury.org 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
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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 http://www.co.santacruz.ca.us/default.aspx?tabid=895 The email address is grandjury@co.santacruz.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 www.olympusamerica.com/files/oima_cckb/ws-710m_ws700m_ws-600s_instructions_en.pdf.
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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.
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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.
2.
3.
4.
5.
Acts as the official spokesperson of the grand jury
Establishes an official grand jury calendar
Calls meetings and prepares meeting agendas
Presides at meetings and encourages efficient transaction of business
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
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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
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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
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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
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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
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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
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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
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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 noncurricular 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
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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
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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
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3.
4.
5.
6.
7.
Discuss confidentiality and secrecy (fill out Form 700)
Establish rules of procedure (e.g. Robert’s Rules of Order)
Discuss officers and their duties
Discuss committees and their duties
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
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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
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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.
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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
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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
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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
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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
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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
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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
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5.
6.
7.
recourse through other channels
Complaint is currently in litigation
Complaint is not within the jury’s purview
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 (http://www.co.santacruz.ca.us/grandjury).
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
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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.
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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
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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
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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
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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
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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.
2.
3.
4.
5.
6.
7.
8.
9.
Summary – capsule description of the issues, findings and recommendations
Background – history of the issues and justification for the investigation
Scope – defines the focus of the investigation and methodology used
Investigation – describes how the investigation progressed
Findings – numbered list of assertions, conclusions, and judgments based on
facts
Recommendations – numbered list of what grand jury believes should be
done
Commendations – recognition of county or city agencies that are doing a good
job
Responses Required – list of which agencies or entities are required to
respond to specific findings and recommendation, with due dates
Definitions – list of accurate descriptions of terms used in the body of the
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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
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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
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“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
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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:
http://www.co.santa-cruz.ca.us/grandjury. 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.
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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
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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))
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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
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2.
3.
4.
5.
6.
7.
8.
All respondents
District Attorney
County website
CGJA
County Board of Supervisors
Clerk of the Court
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
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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 60day 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.
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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
Santa Cruz County Grand Jury Handbook
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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, www.cgja.org.
Appendix A- Citizen Complaint Form
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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:
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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.
2.
3.
Include dates, agency, names, etc.
Describe the problem in your own words.
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.
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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.
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SIGNATURE:
DATE:
Santa Cruz County Grand Jury Handbook
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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:
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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.
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RESUMEN BREVE DE LA DENUNCIA (CONTINUACION ).
COMO QUIERE UD. RESOLVER ESTA DENUNCIA.
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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:__________________
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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
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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.
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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
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_________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.
Santa Cruz County Grand Jury Handbook
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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:
______________________________________________
__________________________________________________________
___
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Date of Closure:__________________
Appendix D - Complaint Log Form
Complaint Log, Santa Cruz County Grand Jury
COMPLAINT
DATE
NUMBER RECEIVED
SUBJECT MATTER
COMMITTEE
STATUS DATE CLOSED
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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:_________________________________________________________
Santa Cruz County Grand Jury Handbook
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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
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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 decisionmaking 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
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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
Santa Cruz County Grand Jury Handbook
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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
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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
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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
against any officer of a district,
accusation in writing county, city, 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.
Santa Cruz County Grand Jury Handbook
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PC
917
May
inquire into all public committed or triable within the
offenses
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
PC
925
Shall
investigate and
report on
PC
925(a)
May
examine books and to investigate and report upon the
to free access, at all the public prisons and to the
times, to
examination, without charge, of all
records within the county.
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.
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records of any
fiscal matters of any such city or
incorporated city or joint powers agency and make
joint powers agency such recommendations as it may
deem proper and fit.
PC
926(a)
May (with
approval of
the court)
employ one or more for purposes of §925, 925(a), 928,
experts
933.1 and 933.5.
PC
926(b)
May (with
approval of
the court)
employ one or more to assist in the examination of the
expert auditors or
books, records, accounts and
appraisers
documents maintained and
processed by the county assessor.
PC
927
May
and when requested investigate and report upon the
by the Board of
needs for increase or decrease in
Supervisors shall
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
needs of
all county officers in the county,
including the 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 the
county to institute
suit
to recover any money that, in the
judgment of the grand jury, may
from any cause be due the county.
PC
933
Shall
submit a final report to the supervising judge of the
of its findings and
Superior Court.
recommendations
that pertain to
county government
PC
933.5
May
at any time examine any special purpose assessing or
the books and
taxing district located wholly or
records of
partly in the county and…may
investigate and report upon the
method or system of performing its
duties.
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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
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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
http://www.loc.gov
Library of Congress Legislative
Information
http://thomas.loc.gov
National Archives: Federal Public http://www.access.gpo.gov/#info
Law Search
National Archives: Federal
Regulations Search
http://www.gpoaccess.gov/cfr/index.html
Government Printing Office:
Multi Database Search
http://www.gpoaccess.gov/multidb.html
State of California
http://www.ca.gov
California Grand Jurors’
Association
http://www.cgja.org
California Law Search Engine
http://www.leginfo.ca.gov/calaw.html
California Constitution
http://www.leginfo.ca.gov/const-toc.html
California Penal Code
http://www.leginfo.ca.gov/cgibin/calawquery?codesection=pen&codebody=&hits=
20
California Attorney General
http://caag.state.ca.us
California Attorney General
Opinions
http://caag.state.ca.us/opinions/search.htm
Santa Cruz County Grand Jury Handbook
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The Brown Act
http://www.thefirstamendment.org/brownact.html
League of California Cities
http://www.cacities.org
California State Association of
Counties
http://www.csac.counties.org
California Special Districts
Association
http://www.csda.net
County of Santa Cruz
http://www.co.santa-cruz.ca.us
Santa Cruz County Codes
http://ordlink.com/codes/santacruzco
Santa Cruz County Law Library
http://www.lawlibrary.org/home.html
Santa Cruz County Office of
Education
http://www.santacruz.k12.ca.us/
United Way: Community
Assessment Report for Santa
Cruz County
http://www.appliedsurveyresearch.org/cap_report.ht
m
Santa Cruz County Homeless
2000 Census and Needs
Assessment
http://www.appliedsurveyresearch.org/homelesssc.2010htm
2011 Homeless Census & Survey http://www.appliedsurveyresearch.org/storage/datab
Comprehensive Report
ase/homelessness/santacruz/2011SantaCruzHomel
essReport.pdf
2013 Homeless Census & Survey http://www.appliedsurveyresearch.org/storage/datab
Graphic
ase/homelessness/santacruz/Infographic_SubPopul
ationSummary_SantaCruz.pdf
City of Capitola
http://www.ci.capitola.ca.us
City of Santa Cruz
http://www.ci.santa-cruz.ca.us
City of Scotts Valley
http://www.scottsvalley.org
City of Watsonville
http://www.ci.watsonville.ca.us
Google Scholar
http://scholar.google.com
Santa Cruz County Grand Jury Handbook
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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
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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
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●
April
●
May
●
●
●
●
●
●
June
●
●
●
●
Review drafts in detail with editorial
Present completed reports to full pane
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
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
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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
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● 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]
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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.
http://www.nytimes.com/2010/02/28/us/politics/28health.html
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:
http://www.chicagomanualofstyle.org/tools_citationguide.html. We are using the “authordate” 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. http://www.mcdonalds.com/corp/about/factsheets.html
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.”
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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
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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.
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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
Santa Cruz County Grand Jury Handbook
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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.
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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
(OR)
Release of a person on his or her promise to appear in a court; an
alternative to posting bail, by court 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
A hearing at which a judge determines whether the evidence of an
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Hearing
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
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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.
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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:__________
Santa Cruz County Grand Jury Handbook
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Appendix N - Work Plan Table
Fact
Triangulation
List each fact,
including
background
facts
At least two
sources, pref.
3
Impact
on
county
Finding
Recommendation
Department
Conclusion
from facts
or Commendation
List
respondents
Santa Cruz County Grand Jury Handbook
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Appendix O - Media List
Mountain Network News
Serving Loma Prieta, Lexington, Lakeside, Redwood Estates, Glenwood,
and other communities in the Santa Cruz Mountains.
www.mnn.net
Articles - We invite individuals and organizations to submit letters and
articles. Email news@mnn.net, 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
www.kpig.com
Santa Cruz Sentinel
Santa Cruz County's daily news source.
www.santacruzsentinel.com
Editor- Don Miller, 831-706-3282 dmiller@santacruzsentinel.com
City Editor: Julie Copeland, 831-429-2436
jcopeland@santacruzsentinel.com
Reporters
Agriculture - Donna Jones, 831-7634505 djones@santacruzsentinel.com
Business - Jondi Gumz, 831-706-3253 jgumz@santacruzsentinel.com
Capitola - Jondi Gumz, 831-706-3253 jgumz@santacruzsentinel.com
Crime/courts
Stephen Baxter, 831-429-2449 sbaxter@santacruzsentinel.com
Calvin Men, 831-706-3286 calvinmen@santacruzsentinel.com
Julie Copeland, 831-429-2436 jcopeland@santacruzsentinel.com
Shanna McCord, 831-429-2401 smccord@santacruzsentinel.com
Santa Cruz County Grand Jury Handbook
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Editorial Board Contact - Don Miller, 831-7063282 dmiller@santacruzsentinel.com
Education
Pajaro Valley: Donna Jones, 7634505 djones@santacruzsentinel.com
Santa Cruz City Schools, County Office of Education: J.M. Brown,
429-2410,jbrown@santacruzsentinel.com
Scotts Valley schools, Shanna McCord, 831-4292401 smccord@santacruzsentinel.com
Soquel: Don Fukui, 831-706-3252 dfukui@santacruzsentinel.com
UCSC: J.M. Brown, 831-429-2410, jbrown@santacruzsentinel.com
Environment
Jason Hoppin, 831-706-3267 jhoppin@santacruzsentinel.com
Santa Cruz - J.M. Brown, 429-2410, jbrown@santacruzsentinel.com
Aptos, Davenport, Scotts Valley & Soquel - Shanna McCord,
831-429-2401, smccord@santacruzsentinel.com
San Lorenzo Valley & Live Oak - Kara Guzman, 831-7063279 kguzman@santacruzsentinel.com
Santa Cruz County - Jason Hoppin, 831-7063267 jhoppin@santacruzsentinel.com
Watsonville & Pajaro Valley - Donna Jones, 831-7634505 djones@santacruzsentinel.com
Health Care - Jondi Gumz, 831-7063253 jgumz@santacruzsentinel.com
Housing - Jondi Gumz, 831-706-3253 jgumz@santacruzsentinel.com
Local News Editor- Julie Copeland, 831-4292436 jcopeland@santacruzsentinel.com
Transportation - Jason Hoppin, 7063267 jhoppin@santacruzsentinel.com
Scotts Valley Banner and Valley Press - Ben Lomond
www.pressbanner.com
Santa Cruz County Grand Jury Handbook
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News and letters to the editor:pbeditor@pressbanner.com
Editor - Peter Burke, peter@pressbanner.com
Reporter - Joe Shreve, joe@pressbanner.com
Santa Cruz IndyMedia
Collective of independent media organizations and hundreds of journalists
offering grassroots, non-corporate coverage.
santacruz.indymedia.org
To contact the Santa Cruz Independent Media Center, send an email
to scimc at indymedia.org
KUSP 88.9
Noncommercial, community radio station.
www.kusp.org
General Manager: Terry Green, terryg@kusp. Org
Director of News, Talk and Information Programs: J.D. Hillard,
jd@kusp.org
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@cityonahillpress.com
Good Times
Weekly
News: Elizabeth@gtweekly.com
Santa Cruz Weekly
Weekly
Editor: Steve Palopoli – 831-457-9000
Staff Writers: Jacob Pierce, Richard von Busack, Georgia Perry
Contributing Editor: Christina Waters
Santa Cruz County Grand Jury Handbook
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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 831-4752967
KSBW NBC/ABC
238 John St., Salinas, CA 93901
831-758-8888 - Telephone
Lawton Dodd is the News Director
KION CBS
News Department
newstips@kionrightnow.com
Register-Pajaronian
100 Westridge Dr., Watsonville, CA 95076 • Ph: 831-761-7300 • Fax:
831-722-8386
News Room – Press Releases - newsroom@register-pajaronian.com
Reporters:
Erik Chalhoub, (831) 761-7353, Email: echalhoub@registerpajaronian.com
Roseann Hernandez, (831) 761-7329, Email: rhernandez@registerpajaronian.com
Todd Guild, (831) 761-7328, Email: tguild@register-pajaronian.com
Patch – Scotts Valley
Editor Dave Colby - dave.colby@patch.com
Patch – Capitola - Soquel
Editor Dave Colby - dave.colby@patch.com
Patch – Santa Cruz
Santa Cruz County Grand Jury Handbook
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Editor Brad Kava – brad.kava@patch.com