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Responding to Civil Grand Jury Reports

Responding to Civil Grand Jury Reports633 Folsom St., San Francisco, CA 94107

TO: All Respondents to Civil Grand Jury Reports
FROM: Ron Miguel, Foreperson, 1996-1997 San Francisco Civil Grand Jury
RE: Implementation of SB1457 (effective 1/1/ 97) -- Responding to Civil Grand Jury Reports

Section 933.05 was added to the Penal Code and assists grand juries in their charge to investigate and report as defined in previous legislation. This does not affect PC 914.1 which establishes a 60 day time limit in which public agencies are to respond and a 90 day time limit for elected officials.

SB 1457 establishes a report/response format as follows:


A. A grand jury may request a subject person or entity to appear before it for the purpose of reading and discussing the findings of the grand jury that relate to that person or entity in order to verify the accuracy of the finding. It also requires that grand juries, following approval by the Superior Court presiding judge and at least two working days prior to the public release of the report, shall furnish each respondent a copy of the report which pertains to the respondent. No respondent shall disclose any contents of the report prior to the public release of the final report.

B. As to each grand jury finding, the responding public officer or agency shall indicate one of the following:

1. The Respondent agrees with the finding or

2. The respondent disagrees wholly or in part with the finding. If this response is chosen, the respondent shall specify that portion of the finding which is disputed and includes an explanation of the reasons for the disagreement.

C. As to each grand jury recommendation, the responding public officer or agency shall indicate one of the following:

1. The recommendation has been implemented. A summary of significant detail shall be included.

2. The recommendation has not been implemented, but it is the intention of the respondent to implement it. A time-frame for implementation shall be included.

3. The recommendation required further analysis. A detailed explanation shall be included stating the scope of the study with a declaration of the date by which the matter will be prepared for discussion and disposition by the respondent. The date shall not exceed six (6) months from the date of publication of the report.

4. The recommendation will not be implemented because it is not warranted or is not reasonable. An explanation shall be included.

D. If a finding or recommendation addresses budgetary or personnel matters of a department headed by an elected official, both the department head and the Board of Supervisors shall respond. The Board of Supervisors response shall be limited to those budgetary or personnel matters over which it possesses decision-making authority.

Sincerely,

Ron Miguel, Foreperson

 

Last updated: 9/15/2009 12:47:34 PM