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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