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 Response Report to the 2004-2005 Santa Cruz County 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 finding and 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
sixty (60) days from the publication of this report. Responses from the
governing body of any public entity are required no later than ninety (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.
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.
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