HomeMy WebLinkAbout4.04 Grand JuryCITY CLERK # 0640-80
AGENDA STATEMENT
CITY COUNCIL MEETING DATE: AUGUST 15, 2000
SUBJECT:
Comments to 1999-2000 County of Alameda Grand Jury
Recommendations 00-35
(Report prepared by Elizabeth H. Silver, City Attorney)
ATTACl~IENTS:
I. Letters from Robert H. Zedlitz, Grand Jury
Foreperson dated July 10 and July 21, 2000
2. Response letter to Honorable Ronald D. Hyde,
Presiding Judge of the Superior Court
RECOMMENDATION:
Authorize Mayor to execute letter and direct staffto send
letter to Judge Hyde with Copy to Mr. Zedlitz
FINANCIAL STATEMENT: None.
DESCRH'TION:
The Grand lury is made up of community members who serve as volunteers and who review governmental
operations. The 1999-2000 Alameda County Grand Jury recently issued its Final Report.
The Government Committee of the Grand Jury made a recommendation related to The Brown Act. The
recommendation is for annual Brown Act workshops for the Councilmembers and staff. In accordance
with the California Penal Code, any public agency subject to its reviewing authority must respond and
comment no later than 90 days after the Grand Jury submits its Final Report.
The City Attorney advises all new Councilmembers of the Brown Act provisions and provides advice
regarding amendments of the Brown Act when they occur.
Recommendation:
Staff recommends that the Council, by motion, authorize the Mayor to execute the attached letter
describing the current practice and indicating the Council will consider an annual workshop as part of its
next budget process and direct Staffto send it to Presiding Judge Ronald D. Hyde, with a copy to Robert
Zedlitz, Grand Jury Foreperson.
J:\wpdXrmarsw\l 14\00 l~2000~ageada~gr~md-jury_815.doc
COPIES TO:
G:\CC-MTGS~2000QTR3~AUGUST~- 15-00XAS-GRAND-JURY. DOC
ITEM NO.
GRAND JURY
County of Alameda
July 10, 2000
Dublin City Council
City of Dublin
P.O. Box 2340
Dublin, CA 94565
Dear Council Members:
Enclosed please find the 1999-2000 Alameda County Grand Jury Final Report
relating to the City of Dublin. Section 933.05(f) of the California Penal Code reads as
follows:
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.
Leg. H. 1996 ch. 1170, 1997ch. 443.'
In accordance with the above Penal Code section, we are providing you with a
copy of this report. The Grand Jury's Final Report is expected to be released to the public
on or about July 1,4, 2000.
Sincerely,
ROBERT H. ZEDLITZ, Foreperson
1999-2000 Alameda County Grand Jury
by:
Alameda County Grand Jury
:cab
enclosure
ATTACHMENT 1
1401 Lakeside Drive, Suite 1104, Oakland, CA 94612 (510) 272-6259
GRAND JURY
County of Alameda
July 21, 2000
Dublin City Council
P.O. Box'2340
Dublin, CA 94565
Dear Council Members:
Enclosed please find the 1999-2000 Alameda County Grand Jury Final Report.
Under California Penal Code sections 933 and 933.05 (enclosed), no later than 60 or 90 days
after the Grand Jury submits a final report on the operations of any public agency subject to its
reviewing authority, the governing body of the public agency shall comment to the presiding judge
of the supdri0r court on the findings and recommendations pertaining to ma~ers under the control
of the governing body. Additionally, one copy shall be placed on file with the applicable grand
jury final report by, and in control of the currently impaneled grandjury..
Please respond to Recommendation 00-35.
We look forward to your response by Friday, September 22, 2000, and appreciate your time
and consideration.
Sincerely,
ROBERT H. ZEDLITZ, Foreman
1999-2000 Alameda County Grand Jury
by: ~ ~ '
Cassie Bamer
Legal Staff Assistant
Alameda County Grand Jury
:encl
· - 1401 Lakeside Drive, Suite 1104, Oakland, CA 94612 (510) 272-6259
§933. Comments and Reports on Grand Jury
Recommendations.
~a~.Each grand jut3: shall submit to the presiding judge
~'-"the superior court:a final report of its findings and
ammendations that:-penain to coufity government mat-
ters during the fiscal, or calendar year. Final reports on
any appropriate subject may be submitted to the presiding
judge.of the superior court at any time during the term
or' service of a grand juD'. A final report may be submitted
for .comment to responsible officers, agencies, or depart-
ments, including the county board of supervisors, when
appli'.cable, upon finding of the presiding judge that the
report is in compliance with this title. For 45 days after
the end of the term. the foreperson and his or her designees
shall, upon reasonable notice, be available to clarify the
recommendations of the report.
(b) One copy of each final rei~ort, together with the
responses thereto, found to be in compliance with this title
shall be placed on file with the county clerk and remain
on file in the office of the county clerk. The county clerk
shall immediately forward a tree cop,,,' of the report and
the responses to the State Archivist who shall retain that
report and all responses in perpetuity.
lc} No later than 90 days after the grand jury. submits
a final report on the operations of any public agency
subject to its reviewing authority, the governing body of
the public agency shall comment to the presiding judge
of the superior court on the findings and recommendations
pertaining to matters under the control of the' governing
body. and every elected county officer or agency head for
which the grand jui'y has responsibility pursuant to Section
914.1 shall comment within 60 days to the presiding judge
/~'~ the superior court, with an information copy sent to
. board of supervisors, on the findings and reeommenda-
uons pertaining to matters under the control of that county
officer .or agency head and any agency or agencies which
~at officer or agency head supervises or controls. In any
city and county, the mayor shall also comment or, the
findings and recommendations. All of these corm-nents'and
reports shall forthwith be submitted to the presiding judge
of the superior court who impaneled the grand jury. A
copy of all responses to grand jury. repons shall be placed
on file with the clerk of the public agency and the office
of the county clerk, or the mayor when applicable, and
shall remain on file in those offices. One copy shall be
placed on file with the applicable grand ju~ final report
by. and in the control of the currently impaneled grand
jury. where it shall be maintained for a' minimum-of five-
5'ears.
(d) As used in this section "agency" includes a depart-
ment. Leg. H, 19.61 ch. 1284. 1963 ch. 67'4-. 1974 cbs. 393.
1396. 1977 cbs. 107. 187. 1980 ch. 543. 1981 ch. 203.
1982 ch. 1408 }5. 1~)85 ch. 221 §1. effective July 12.
1985. 1987 ch. 690 §1. 1988 ch. 1297, 1997 ch. 443. 1998
ch. 230.
Cross-References
Admissible evidence. Penal Code }939.6.
"Grand iuD'" definedl Penal Code }888.
Grand jury report to be based only on own investigation. Penal
Code §939.9.
STATE OF CALIFORNIA
2000 EDITION
§933.05. Response.to Grand Juo'
Recommendations--Content Requirements;
Personal Appearance by Responding Party;
Grand Jury Report ta Affected Agency.
(al For purposes of subdiX'ision (b) of Section 933. as
to each grand jury. finding, the responding person or entity
shall indicate one of the following:
(1) The respondent a~ees with the finding.
(21 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 Co) of Section 933, as
to each ~and ju~' recommendaffon, 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 imple.
mented, but will be implemented in the future, with a
timeframe for implementation.
(3) The recommendation requires further analysis, with
an explanation and the scope and parameters of an analysis
or study, and a timeframe for the matter to be prepared
for discussion by the officer or head of the ageficy or
department being investigated or reviewed, including the
governing body of the punic agency when applicable.
This timeframe shall not exceed six months from the date
of publication of the grand jut3., report.
t4) The i,ecommendation 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 agency or department headed by an elected
officer, both the agency or 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 decisionmaking authority. The response of the
elected agency or department head shall address all
aspects of the findings or recommendations affecting his
or her agency or department.
Id) 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
rela[es 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 investi-
gation, unless the court, either on its own determination
or upon request of the tbreperson of the grand jut'3.'.
determines that such a meeting would be detrimental.
(f) A grand jut3.' 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 sba{1 disclose any contents of the report prior to
the public release of the final report. Leg.H. 1996 ch.
1170. 1997 ch. 443,
August 16, 2000
Honorable Ronald D. Hyde, Presiding Judge
Alameda County Supedor Court
1401 Lakeside Ddve, Suite 1104
Oakland, CA 94613
RE: Comments of 1999-2000 County Grand Jury Recommendation 00-35
Dear Judge Hyde:
Thank you for the opportunity to respond to the Grand Jury Recommendations regarding the Brown
Act. This response is on behalf of the City Council and the undersigned. The City of Dublin
welcomes the Grand Jury's work. The Report will assist Dublin in considering ways to make City
government more responsive and effective. The City is conscious, however, about creating additional
burdens on cities in Alameda County that do not apply to cities in other counties. As discussed below,
the issues raised by the Grand Jury are sedous public issues that should be addressed on a
statewide level, not just locally.
Recommendation 00-35 - Brown Act
No official of the City of Dublin has ever been prosecuted criminally for a violation of the Brown Act.
We believe this is because the City has always followed to both the letter and the spidt of the law.
All closed sessions are agendized and propedy noticed as required by the Act. Only those issues
propedy noticed are discussed at closed sessions. Actions taken by the Council are reported out in
open session in conformity with the Brown Act's reporting requirements.
The Grand Jury Recommendation 00-35 calls for annual Brown Act workshops for members of the
Council and staff. The Grand Jury's recommendation is an important reminder of the importance of
training all involved personnel in the Brown Act. The City Council will consider the Grand Jury's
recommendation when it reviews its budget pdodty for the next fiscal year. In addition, the City
Attomey advises all new Councilmemebers of the Brown Act provisions and provides advice
regarding amendments to the Brown Act when they occur.
The City Council of the City of Dublin appreciates the opportunity to comment on the Grand Jury's
recommendations. Please contact me if you have any questions.
Sincerely,
Guy S. Houston
Mayor
cc: Robert H. Zedlitz, Grand Jury Foreperson
ATTACHMENT 2