California law (PC §933.05) requires that those responding
to the Grand Jury Report must prepare responses for individual findings and
recommendations within the Grand Jury Report rather than a generalized response
to the entire report. Explanations for disagreements must be provided. (PC §
933.05 is included in its entirety at the end of this section.)
Please follow the format below when preparing your response.
Response
Format
1.
Find the response grid
that appears near the end of each Grand Jury report, look for the row with the
name of the entity you represent, and then only respond to those Findings
and/or Recommendations listed on that row.
2.
Provide the title and
page number from the Grand Jury report.
3.
Provide the date of
your response.
4.
For Findings
a.
Provide a copy the
original Finding.
b.
Respond with one of
the following:
i.
AGREE.
ii.
PARTIALLY AGREE
(specify and explain disagreement).
iii.
PARTIALLY DISAGREE
(specify and explain disagreement).
iv.
DISAGREE (specify and
explain disagreement).
5.
For Recommendations
a.
Provide a copy the
original recommendation.
b.
Respond with one of
the following:
i.
Has been implemented.
ii.
Has not yet been implemented, but will be implemented in
the future (specify expected
implementation date).
iii.
Requires further analysis (specify the type of analysis required and the expected completion
date, not to exceed six months)
iv.
Will not be implemented
(either because it is not warranted or is unreasonable; please include an
explanation).
6.
If responding to more
than one report, respond to each in a separate document or on separate pages of
one document.
7.
For an example, see
Response Report to the 2006-2007 Santa Cruz County Grand Jury Final Report: http://www.co.santa-cruz.ca.us/grandjury.
If you have questions about
the response report, please contact the Grand Jury by calling (831) 454-2099 or
by email: grandjury@co.santa-cruz.ca.us.
Where to Respond
1. Send a hard copy of your
response to:
The Honorable Judge Paul Marigonda
2. Send an electronic version of your response
via email to the Grand Jury: grandjury@co.santa-cruz.ca.us.
Please send all responses as either Microsoft Word or Adobe PDF files.
Due
Dates
Elected officials or administrators are required to respond within sixty days of the Grand Jury Report’s publication; responses by the governing body of any public entity are required within ninety days.
Penal
Code § 933.05
1) For purposes of subdivision (b) of § 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 therefor.
2) For purposes of subdivision (b) of § 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, with an explanation and the scope and
parameters of an analysis or study, and 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; or
d)
The
recommendation will not be implemented because it is not warranted or is not
reasonable, with an explanation therefor.
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, but the response of
the Board of Supervisors shall address only those budgetary or personnel
matters over which it has some decision-making authority. The response of the
elected department head shall address all aspects of the findings or
recommendations affecting his or her department.
4) A Grand Jury may request a
subject person or entity to come before the Grand Jury for the purpose of
reading and discussing the findings of the Grand Jury report that relates to
that person or entity in order to verify the accuracy of the findings prior to
their release.
5) During an investigation, the
Grand Jury shall meet with the subject of that investigation regarding the
investigation, unless the court, either on its own determination or upon
request of the foreperson of the Grand Jury, determines that such a meeting
would be detrimental.
6) A Grand Jury shall provide to the affected
agency a copy of the portion of the Grand Jury report relating to that person
or entity two working days prior to its public release and after the approval
of the presiding 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.