Instructions for Respondents
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.
Response Format
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/grndjury
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 - (831) 454-2099 or by e-mail – grandjury@co.santa-cruz.ca.us.
When to Respond
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 September 2, 2004, which is 60 days from the publication of this
report. Responses from the governing body of any public entity are required no
later than September 30, 2004, which is 90 days from the publication of this
report.
Where to Respond
Please send one hard copy of the report to the
Presiding Judge at:
The Honorable Judge
Samuel S. Stevens
Presiding Judge
Santa Cruz Superior Court
701 Ocean Street
Santa Cruz, CA 95060
Send one hard copy of the report to the Grand Jury at:
Santa Cruz County Grand
Jury
County Government Center
Room 318 - I
701 Ocean Street
Santa Cruz, CA 95060
Also, 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 will expedite
the process of producing the response report.
Penal Code §933.05
a) 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:
5. The respondent agrees
with the finding.
6. 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.
b) For purposes of subdivision (b) of Section 933, as
to the each grand jury recommendation, the responding person or entity shall
report one of the following actions:
1. The recommendation has
been implemented, with a summary regarding the implemented action.
2. The recommendation has
not yet been implemented, but will be implemented in the future, with a time
frame for implementation.
3. 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.
4. The recommendation will
not be implemented because it is not warranted or is not reasonable, with an
explanation therefor.
c) 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.
d) 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.
e) 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.
f) 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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