Effective January 1, 1997, there was an extensive change in the law affecting respondents and responses to Grand Jury findings and recommendations. The legal requirements are contained in California Penal Code, Section 933.05. The full text of the law is printed below.
Each Respondent should become familiar with these legal
requirements and, if in doubt, should consult legal counsel prior to responding.
For the assistance of all Respondents, Penal Code Section 933.05 is summarized as follows:
The responding person or entity must respond in one of two (2) ways:
That you agree with the finding.
you disagree 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 for the disagreement.
Recommendations by the Grand Jury require action.
The responding person or entity must report action on all recommendations
in one of four (4) ways:
The recommendation has been implemented, with a summary of the implemented action.
The recommendation has not yet been implemented, but will be implemented in the future, with a timeframe for implementation.
The recommendation requires further analysis. If a person or entity reports in this manner, the law requires a detailed explanation of the analysis or study and timeframe not to exceed six months. In this event, the analysis or study must be submitted to the officer, director or governing body of the agency being investigated.
The recommendation will not be implemented because it is
not warranted or is not reasonable, with an explanation therefore.
If either a finding or recommendation deals with budgetary or personnel matters of a County department headed by an elected officer, both the elected officer and the Board of Supervisors shall respond if the Grand Jury so requests. While the Board of Supervisorsí response is somewhat limited, the response by the department head must address all aspects of the findings or recommendations.
Two working days prior to release of the Final Report, the
Grand Jury will provide a copy of the portion of the report to all affected
agencies or persons. No officer,
agency, department, or governing body of a public agency shall disclose the
contents of the report prior to its public release.
Depending on the type of Respondent, Penal Code Section 933.05 provides for two different response times and to whom you must respond:
Public Agency: The governing body of any public agency must respond within ninety days. The response must be addressed to the Presiding Judge of the Superior Court.
Elective Officer or Agency Head: All elected officers or heads of agencies who are required to respond must do so within sixty days to the Presiding Judge of the Superior Court, with an informational copy provided to the Board of Supervisors