Key provisions of Penal Code
§ 933.05 require that responding officials or governmental entities must
specifically comment upon each finding and each recommendation of the Grand
Jury Report, rather than preparing a generalized response. Each published
finding must be acknowledged by the respondents as correct or incorrect.
Explanations for disagreements must be provided. Please use the format below to
prepare your response. The full text of Penal Code § 933.05 is provided below.
1. Provide the title and page
number from the original report.
2. Provide the date of the
response.
3. Quote the text of the
original finding.
4. Respond to the finding
indicating if the entity:
If the entity partially
agrees or disagrees with the finding, specify the area of disagreement in the
finding and include an explanation.
5. Quote the text of the
original recommendation.
6. Respond to the
recommendation indicating if the recommendation:
7. Respond to each report in a
separate document or separate pages of one document to allow the easy
distribution of the responses to the various committees.
8. For an example, see the
Board of Supervisors responses to the 2003 - 2004 Grand Jury Final Report: http://www.co.santa-cruz.ca.us/grandjury.
9. An electronic version of the
report in Microsoft Word format is available for the respondents to use to
create their response report. To request an electronic copy of the report, send
e-mail to: grandjury@co.santa-cruz.ca.us.
10. If you have questions about
the response report, please contact the Grand Jury by calling (831) 454-2099 or
by e-mail – grandjury@co.santa-cruz.ca.us.
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. Responses from elected officials or
administrators are required no later than 60 days from the publication of this
report. Responses from the governing body of any public entity are required no
later than 90 days from the publication of this report.
Please send one hard copy of
the report to the Presiding Judge at:
The Honorable Judge Jeff Almquist
Presiding
Judge
Please send an electronic
version of the report in Microsoft Word format to the Grand Jury. Send the
electronic version of the report via e-mail to: grandjury@co.santa-cruz.ca.us.
Sending the electronic version of the report to the Grand Jury expedites the
process of producing the response report.
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.
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.
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