SB 1292, as introduced, Stone. Grand juries: reports.
(1) Existing law sets forth the duties of the grand jury. Existing law requires the grand jury to submit to the presiding judge of the superior court a final report of its findings and recommendations that pertain to county government matters during the fiscal or calendar year. Existing law authorizes a grand jury to 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.
This bill would require a grand jury to request a subject person or entity to come before the grand jury as described above. The bill would authorize a grand jury to disclose the factual data used in making its findings during discussions conducted pursuant to these provisions.
This bill would authorize a grand jury to provide to a subject person or entity for comment an administrative draft of that portion of the grand jury’s report relating to that subject person or entity. The bill would require an administrative draft provided pursuant to this provision to include proposed grand jury findings, would authorize the draft to include the factual data utilized in making the grand jury’s findings, and would prohibit the draft from including the grand jury’s recommendations. Within a time period determined by the grand jury, but no sooner than 10 days after the grand jury submits an administrative draft of its report to a subject person or entity for comment, the bill would authorize the subject person or entity to file with the grand jury written comments on the findings and data included in the administrative draft pertaining to that subject person or entity. The bill would prohibit an officer, agency, department, or governing body of a public agency from disclosing any contents of the administrative draft of the report prior to the public release of the final report.
Existing law requires a grand jury to provide to the affected agency a copy of the portion of the grand jury report relating to that person or entity 2 working days prior to its public release and after the approval of the presiding judge.
This bill would instead require a grand jury to provide to the affected agency for comment a copy of the portion of the grand jury report relating to that person or entity no later than 10 days prior to its public release and after the approval of the presiding judge. The bill would authorize all written comments of the affected agency to be submitted to the presiding judge of the superior court who impaneled the grand jury no later than 10 days after receipt of a copy of the grand jury final report by the affected agency. The bill would require a copy of all written comments by the affected agency to be placed on file as part of the contents of the applicable grand jury final report and included in the public release of the final report.
(2) The Ralph M. Brown Act requires, with specified exceptions, that all meetings of a legislative body of a local agency, as those terms are defined, be open and public and that all persons be permitted to attend and participate.
This bill would authorize the governing body of an affected agency to meet in closed session to discuss and prepare written comments of the affected agency to the findings and factual data contained in an administrative draft of the grand jury report and a grand jury final report submitted for comment by a grand jury pursuant to the provisions described above. The bill would require, if a legislative body of a local agency meets to discuss the final report of the grand jury at either a regular or special meeting after the public release of a grand jury final report, the legislative body to do so in a meeting conducted pursuant to the Ralph M. Brown Act unless exempted from this requirement by some other provision of law.
(3) Existing constitutional provisions require that a statute that limits the right of access to the meetings of public bodies or the writings of public officials and agencies be adopted with findings demonstrating the interest protected by the limitation and the need for protecting that interest.
This bill would make legislative findings to that effect.
Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: no.
The people of the State of California do enact as follows:
Section 933.05 of the Penal Code is amended to
2read:
(a) For purposes of subdivision (b) of Section 933, as
4to each grand jury finding, the responding person or entity shall
5indicate one of the following:
6(1) The respondent agrees with the finding.
7(2) The respondent disagrees wholly or partially with the finding,
8in which case the response shall specify the portion of the finding
9that is disputed and shall include an explanation of the reasons
10therefor.
11(b) For purposes of subdivision (b) of Section 933, as to each
12grand jury recommendation, the responding person or entity shall
13report one of the following actions:
14(1) The recommendation has been implemented, with a summary
15regarding the implemented action.
16(2) The recommendation has not yet been implemented, but
17will be implemented in the future, with a timeframe for
18implementation.
19(3) The recommendation requires further analysis, with an
20explanation and the scope and parameters of an analysis or study,
21and a timeframe for the matter to be prepared for discussion by
22the officer or head of the agency or department being investigated
23or reviewed, including the governing body of the public agency
24when applicable. This timeframe shall not exceed six months from
25the date of publication of the grand jury report.
26(4) The recommendation will not be implemented because it is
27not warranted or is not reasonable, with an
explanation therefor.
28(c) begin deleteHowever, if end deletebegin insertIf end inserta finding or recommendation of the grand
29jury addresses budgetary or personnel matters of a county agency
30or department headed by an elected officer, both the agency or
31department head and the board of supervisors shall respond if
32requested by the grand jury, but the response of the board of
P4 1supervisors shall address only those budgetary or personnel matters
2over which it has some decisionmaking authority. The response
3of the elected agency or department head shall address all aspects
4of the findings or recommendations affecting his or her agency or
5department.
6(d) begin insert(1)end insertbegin insert end insert A grand jurybegin delete mayend deletebegin insert shallend insert request a subject person or entity
7to come before the grand jury for the purpose of reading and
8discussing the findings of the grand jury report that relates to that
9person or entity in order to verify the accuracy of the findings prior
10to their release.
11(2) A grand jury may disclose the factual data used in making
12its findings during discussions conducted pursuant to paragraph
13(1).
14(3) A grand jury may provide to a subject person or entity
for
15comment an administrative draft of that portion of the grand jury’s
16report relating to that subject person or entity. An administrative
17draft provided pursuant to this paragraph shall include proposed
18grand jury findings, may include the factual data utilized in making
19the grand jury’s findings, and shall not include the grand jury’s
20recommendations. Within a time period determined by the grand
21jury, but no sooner than 10 days after the grand jury submits an
22administrative draft of its report to a subject person or entity for
23comment, the subject person or entity may file with the grand jury
24written comments on the findings and data included in the
25administrative draft pertaining to that subject person or entity. An
26officer, agency, department, or governing body of a public agency
27shall not disclose any contents of the administrative draft of the
28report prior to the public release of the final report.
29(e) During an
investigation, the grand jury shall meet with the
30subject of that investigation regarding the investigation, unless the
31court, either on its own determination or upon request of the
32foreperson of the grand jury, determines that such a meeting would
33be detrimental.
34(f) A grand jury shall provide to the affected agencybegin insert
for commentend insert
35 a copy of the portion of the grand jury report relating to that person
36or entitybegin delete two workingend deletebegin insert no later than 10end insert days prior to its public
37release and after the approval of the presiding judge.begin delete Noend deletebegin insert All written
38comments of the affected agency may be submitted to the presiding
39judge of the superior court who impaneled the grand jury no later
40than 10 days after receipt of a copy of the grand jury final report
P5 1by the affected agency. A copy of all written comments by the
2affected agency shall be placed on file as part of the contents of
3the applicable grand jury final report and included in the public
4release of
the final report. Anend insert officer, agency, department, or
5governing body of a public agency shallbegin insert notend insert disclose any contents
6of the report prior to the public release of the final report.
7(g) (1) Notwithstanding any other law, except as provided in
8paragraph (2), the governing body of an affected agency may meet
9in closed session to discuss and prepare written comments of the
10affected agency to both of the following:
11(A) The findings and factual data contained in an administrative
12draft of the grand jury report submitted for comment by a grand
13
jury pursuant to paragraph (3) of subdivision (d).
14(B) A grand jury final report submitted for comment by a grand
15jury pursuant to subdivision (f).
16(2) If the legislative body of a local agency meets to discuss the
17final report of the grand jury at either a regular or special meeting
18after the public release of a grand jury final report, the legislative
19body shall do so in a meeting conducted pursuant to the Ralph M.
20Brown Act (Chapter 9 (commencing with Section 54950) of Part
211 of Division 2 of Title 5 of the Government Code) unless exempted
22from this requirement by some other provision of law.
The Legislature finds and declares that Section 1 of
24this act, which amends Section 933.05 of the Penal Code, imposes
25a limitation on the public’s right of access to the meetings of public
26bodies or the writings of public officials and agencies within the
27meaning of Section 3 of Article I of the California Constitution.
28Pursuant to that constitutional provision, the Legislature makes
29the following findings to demonstrate the interest protected by this
30limitation and the need for protecting that interest:
31In order to protect the confidentiality of grand jury investigations
32and reports, it is necessary for this act to take effect.
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