Napa County Grand Jury
2012-2013
From the annual report
The consolidated year-end volume. The individual investigations it contains are listed separately below.
📑 Year-End Report
The full consolidated volume; individual reports are listed below.
Individual reports (8)
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Findings & Recommendations
15 findings
F1:
The ex-officio Napa County ROV also serves as the elected Assessor/Recorder/Clerk. This places unique demands upon an official managing several consolidated divisions. RESPONSE: I disagree. It is clear that being an elected official with multiple responsibilities is the norm rather than the exception in California. 42 of California's 58 registrars of voters are elected. Of those 42 elected registrars, 37 hold some form of consolidated position. Of those 37, nine are consolidated assessor-recorder-county clerk departments. Of the 16 appointed registrars, only 8 are not part of other divisions. Of those 8, 6 are in counties with voter registration over approximately 500,000 voters. In Los Angeles County, the largest election jurisdiction in the United States, the appointed registrar also functions as the Recorder and County Clerk. Attachment 1
Related Recommendations (1)
R1:
From: Tuteur, John Sent: Friday, March 07, 2008 8:47 AM To: AC Subject: RE: Bad Decision Ms. C, thank you for taking the time to let me know your thoughts. I converted myself to vote by mail so I can sympathize with your concerns about losing contact with the process. You will be able to drop your ballot off in person at our voter assistance center in Calistoga from the weekend before the election through Election Day. You will receive more information with your ballot in early May. JOHN TUTEUR, NAPA COUNTY REGISTRAR OF VOTERS From: AC Sent: Friday, March 07, 2008 8:28 AM To: Tuteur, John Subject: Bad Decision Mr. Tuteur, You would have made a better decision if you had given voter a choice of voting by mail or going to a consolidated voting center elsewhere. Many of us still enjoy the privledge of voting with our friends and neighbors. Your choice is just another step toward an anonimous isolated society. C in Calistoga
F2:
The Grand Jury finds it concerning that the elected ROV is directly involved in supervising elections and validating ballots for which he is a candidate on the ballot. RESPONSE: I disagree with this finding. 72.4% of California's registrars are elected. To the best of my knowledge, there has never been any allegation that an elected registrar has acted improperly during an election during which that registrar is running for re-election. As the Grand Jury notes in its report, the Napa County Election Division runs logic and accuracy processes on the vote counting equipment. The counting itself is handled by staff of the division with minimal oversight by the registrar. The registrar, elected or appointed, has no ability to manipulate the counting process. When determining the validity of signatures on a return ballot envelope, the registrar does not know how the ballot contained in that sealed envelope was cast. When reviewing provisional ballot envelopes to determine if they can be counted, the registrar decides based on the sealed provisional envelope without knowing how the provisional ballot was cast.
Related Recommendations (1)
R2:
D B xxx-xxxx wants the choice to go to her polling place.
F3:
The ROV could be an appointed stand-alone manager separated from the elected Assessor/Recorder/Clerk position and could be appointed by the BOS, as is the case in several other California counties RESPONSE: I agree that the Napa County Board of Supervisors has the authority under Government Code section 26802.5 to create an appointed Registrar of Voters. I disagree in part because there is only one other California general law county with 35,132 registered voters that has a stand-alone Registrars of Voters reporting directly to the Board of Supervisors. In most other general law counties, the appointed registrar of voters reports either to the County Executive Officer or is a division of another agency.
Related Recommendations (1)
R3:
The Napa County Election Division publishes periodic interim election results in addition to the initial voting results on Election Day. RESPONSE: This recommendation requires further analysis. The Registrar of Voters is conducting a survey of the 16 counties which use the same ballot tabulation and vote reporting system. The results of that survey will be reported to the Board of Supervisors at a study session on October 22, 2013. Following that session the Registrar of Voters will review the current policy on not releasing interim results between the election night result and the final certified result.
F4:
Currently there can be no significant oversight by an independently appointed Napa County Board of Elections because the ROV is an elected county official. RESPONSE: I agree that under existing law an elected county official serving as registrar of voters cannot be overseen by an independently appointed Napa County Board of Elections.
Related Recommendations (1)
R4:
The Registrar of Voters solicits voter input regarding the reduction of polling precincts in favor of vote by mail. RESPONSE: The recommendation will not be implemented because it is not warranted or is not reasonable. The Registrar of Voters is responsible for ensuring that every voter can exercise their franchise during every election. Decisions about converting polling places to vote by mail will continue to be made in conformance with California election law based on the greatest good of the greatest number of voters. Unfortunately, California law and current regulations imposed by the Secretary of State does not permit a voter in a vote by mail precinct to have the opportunity to vote at a polling place. The only alternative available to that voter other than mailing their ballot is to deliver their voted ballot in its sealed and signed envelope to any polling place, a vote by mail assistance center or the Election Division office. Vote by mail assistance centers and the Election Division office are open the weekend before the election, the Monday before Election Day as well as from 7 a.m. to 8 p.m. on Election Day. The Registrar of Voters will continue to respond to every voter who raises a concern about the closing of polling places or conversion to vote by mail.
F5:
If the ROV were appointed rather than elected, there could be an independent County Board of Elections appointed to oversee that proper procedures are being followed for every election and that voters in Napa County are receiving timely and accurate election results. RESPONSE: I disagree with the implication that, under current law, an appointed Registrar of Voters could be overseen by an independently appointed Napa County Board of Elections. I do not believe that under current law the Board of Supervisors could delegate their oversight responsibility of an appointed registrar of voters to anyone other than the County Executive Officer or another department or division head reporting to the Board of Supervisors or the County Executive Officer.
Related Recommendations (1)
R5:
The Registrar of Voters solicit input from voters through a vigorous media campaign, flyers to registered voters, as well as an online survey to determine how and where Napa citizens choose to vote. RESPONSE: The recommendation has been implemented. Under our Federal and State constitutions every citizen has the right to register to vote and every registered voter has the right to cast a ballot. Under California election law, voters have the choice of becoming a permanent vote by mail voter either at the time they register to vote or on multiple other occasions once they are registered. The Registrar of Voters has conducted a series of mailings to polling place voters over the past 6 years offering them the opportunity to become permanent vote by mail voters. Such mailings will continue on a regular basis. Voters who are not permanent vote by mail voters can choose to vote by mail for each election using their sample ballot booklet or the Election Division website. For those voters who do not choose to become permanent vote by mail voters, California law, in limited circumstances, gives the Registrar of Voters the authority to determine how each remaining registered voter receives their ballot whether by mail or at a polling place. That authority rests with the Registrar of Voters because that office is responsible for making sure the voting experience of all voters is smooth and efficient.
F6:
There is public interest in reporting interim election results. The ROV can release interim elections results, as is done in other counties, providing for a more transparent election process. RESPONSE: I disagree that there is broad public interest in reporting interim election results. I agree that candidates, their supporters and the entities to which a candidate stood for election may have interest in interim election results if the contest is close. However, everyone knows that the results are not final until certified. I agree that the ROV can release interim election results. We will be providing to the Board of Supervisors at the October 22, 2013 study session the results of a survey of the 16 other counties that use our vote tabulation system regarding their release of interim results.
Related Recommendations (1)
R6:
The Registrar of Voters ensure that voter pamphlets and ballots are received at the same time. RESPONSE: The recommendation has been implemented. From November 6, 2006 through June 5, 2012 all vote by mail voters received their voter information pamphlet with their official ballot in the same envelope. We will continue to use that system whenever the size of the voter information pamphlet allows it to be included with the official ballot in the same envelope. When the size of the voter information pamphlet does not permit it to be included, we will continue to work with the United States Postal Service to coordinate the delivery of the two pieces of mail. For the November 6, 2012 Presidential election the separate sample ballot (voter information) pamphlets arrived for the great majority of vote by mail voters within 5 days of the date they received their official ballot.
F7:
In the last several years, Napa County has experienced closure of the vast majority of polling places and a switch to VBM for 85 percent of county registered voters. RESPONSE: I agree that since the November 7, 2006 election the number of polling places has been reduced from 99 to 19 and that the percentage of vote by mail voters has increased from approximately 38% to 85% as of November 6, 2012. There are two primary reasons for this change. First, since January 1, 2000 any voter has been able to request permanent vote by mail status. As of July 16, 2013 40,564 or approximately 57 per cent of Napa County's 71,012 registered voters have chosen to vote by mail. Second, on November 7, 2006 during the gubernatorial general election long lines formed at a number of polling places in Napa County. More than 100 registered voters left those polling places without casting their ballots because they could not wait the 45 minutes to 90 minutes to vote. In response to that situation and knowing that the November 4, 2008 Presidential election would have a much higher turnout, the Registrar of Voters converted a number of precincts to vote by mail. This conversion was authorized by law because many of the registered voters in these precincts had chosen to vote by mail thus leaving 250 or fewer voters who still used a polling place.
Related Recommendations (1)
R7:
The Registrar of Voters publish the voter information pamphlet on the Election Division website. RESPONSE: The recommendation requires further analysis. The Registrar of Voters has been reviewing the publication of the voter information pamphlet on the election division website in a manner so that each voter can access the correct voter information pamphlet in the language they have requested. We will survey those counties that do publish their sample ballot pamphlets to see how many voters access the pamphlet on those websites. We will make a final decision on this recommendation prior to December 1, 2013.
F8:
Some voters and some elected officials in Napa County expressed dissatisfaction with the closure of a majority of local precincts and miss the participatory civic experience offered by local polling places. RESPONSE: I agree that approximately 300 voters have contacted me directly concerned about the closure of their polling place. This represents approximately 1.5% of the approximately 21,000 voters who were converted to vote by mail. I have responded personally to each one of those voters and explained that they can still participate in the civic experience of voting by gathering their family around the kitchen table as they fill out their ballots and then take the family with them when they drop off their voted ballot in its sealed return envelope at any of our remaining polling places, our central office or one of the 5 vote by mail assistance centers that have been open since the June 3, 2008 election.
Related Recommendations (1)
R8:
The Election Division create an archive of public concerns and/or complaints and its responses thereto. RESPONSE: The recommendation has been implemented. Communications that contain a concern or complaint and the response to that communication are logged into our Election Division shared drive. With very few exceptions those communications and responses are public records. Attachment 3 STATUS REG VOTERS CHARTER/GENL LAW COUNTY 816,942 CHARTER APPOINTED ALAMEDA 771 GENERAL LAW ELECTED ALPINE 21,453 GENERAL LAW ELECTED AMADOR 121,388 CHARTER ELECTED BUTTE 28,763 GENERAL LAW ELECTED CALAVERAS 7,663 GENERAL LAW COLUSA ELECTED CONTRA COSTA ELECTED 530,360 GENERAL LAW DEL NORTE 12,239 GENERAL LAW ELECTED ELECTED EL DORADO 110,206 CHARTER FRESNO 415,276 CHARTER ELECTED GLENN 12,266 GENERAL LAW ELECTED 79,708 GENERAL LAW ELECTED HUMBOLDT APPOINTED IMPERIAL 60,690 GENERAL LAW INYO 9,922 GENERAL LAW ELECTED KERN 332,711 GENERAL LAW ELECTED 48,485 GENERAL LAW ELECTED KINGS LAKE 35,132 GENERAL LAW APPOINTED LASSEN 13,932 GENERAL LAW ELECTED 4,865,403 CHARTER APPOINTED LOS ANGELES 53,782 GENERAL LAW ELECTED MADERA APPOINTED 154,250 GENERAL LAW MARIN MARIPOSA 10,613 GENERAL LAW ELECTED MENDOCINO 48,993 GENERAL LAW ELECTED MERCED 98,874 GENERAL LAW ELECTED MODOC 5,273 GENERAL LAW ELECTED 6,000 GENERAL LAW MONO APPOINTED 168,245 GENERAL LAW MONTEREY APPOINTED NAPA 71,522 GENERAL LAW ELECTED NEVADA 61,557 GENERAL LAW ELECTED ORANGE 1,397,665 GENERAL LAW APPOINTED PLACER 208,025 CHARTER ELECTED PLUMAS 13,012 GENERAL LAW ELECTED RIVERSIDE 93,395 GENERAL LAW APPOINTED SACRAMENTO 697,505 CHARTER APPOINTED SAN BENITO ELECTED 26,694 GENERAL LAW SAN BERNARDINO APPOINTED 869,637 CHARTER 1,575,770 CHARTER APPOINTED SAN DIEGO SAN FRANCISCO 497,663 CHARTER APPOINTED SAN JOAQUIN 293,957 GENERAL LAW APPOINTED SAN LUIS OBISPO 156,516 GENERAL LAW ELECTED SAN MATEO 360,786 CHARTER ELECTED SANTA BARBARA 197,675 GENERAL LAW ELECTED SANTA CLARA 817,310 CHARTER APPOINTED SANTA CRUZ 158,244 GENERAL LAW ELECTED SHASTA 98,013 GENERAL LAW ELECTED SIERRA 2,223 GENERAL LAW ELECTED ELECTED 25,582 GENERAL LAW SISKIYOU 210,453 GENERAL LAW APPOINTED SOLANO 261,706 GENERAL LAW ELECTED SONOMA 231,870 GENERAL LAW ELECTED STANISLAUS 41,760 GENERAL LAW ELECTED SUTTER ELECTED 30,485 CHARTER TEHAMA TRINITY 7,846 GENERAL LAW ELECTED 144,863 GENERAL LAW ELECTED TULARE 32,101 GENERAL LAW ELECTED TUOLUMNE 431,154 GENERAL LAW ELECTED VENTURA YOLO 101,849 GENERAL LAW ELECTED 29,044 GENERAL LAW YUBA ELECTED COMBINATION CHIEF INFORMATION OFFICER DIVISION COUNTY CLERK-CLERK OF THE BOARD COUNTY CLERK-RECORDER COUNTY CLERK-RECORDER COUNTY CLERK-RECORDER-CLERK OF THE BOARD COUNTY CLERK-RECORDER-CLERK OF THE BOARD COUNTY CLERK-RECORDER ١ COUNTY CLERK-RECORDER COUNTY CLERK-RECORDER COUNTY CLERK ASSESSOR-RECORDER-COUNTY CLERK-CLERK OF THE BOARD COUNTY CLERK-RECORDER COUNTY EXECUTIVE OFFICE DIVISION COUNTY CLERK-RECORDER AUDITOR CONTROLLER-COUNTY CLERK ASSESSOR-RECORDER-COUNTY CLERK NONE COUNTY CLERK-RECORDER-CLERK OF THE BOARD COUNTY CLERK-RECORDER COUNTY CLERK-RECORDER COUNTY EXECUTIVE OFFICE DIVISION TREASURER-TAX COLLECTOR-COUNTY CLERK ASSESSOR-RECORDER-COUNTY CLERK ASSESSOR-RECORDER-COUNTY CLERK AUDITOR CONTROLLER-COUNTY CLERK-RECORDER COUNTY CLERK-RECORDER-CLERK OF THE BOARD NONE ASSESSOR-RECORDER-COUNTY CLERK COUNTY CLERK-RECORDER NONE COUNTY CLERK-RECORDER COUNTY CLERK-RECORDER COUNTY EXECUTIVE OFFICE DIVISION NONE AUDITOR CONTROLLER-RECORDER-COUNTY CLERK NONE NONE NONE CHIEF INFORMATION OFFICER DIVISION COUNTY CLERK-RECORDER-CLERK OF THE BOARD ASSESSOR-RECORDER-COUNTY CLERK ASSESSOR-RECORDER-COUNTY CLERK NONE COUNTY CLERK COUNTY CLERK COUNTY CLERK-RECORDER-CLERK OF THE BOARD COUNTY CLERK-CLERK OF THE BOARD CHIEF INFORMATION OFFICER DIVISION ASSESSOR-RECORDER-COUNTY CLERK COUNTY CLERK-RECORDER COUNTY CLERK-RECORDER-CLERK OF THE BOARD COUNTY CLERK-RECORDER-CLERK OF THE BOARD ASSESSOR-RECORDER-COUNTY CLERK AUDITOR-CONTROLLER-TREASURER-TAX COLLECTOR AUDITOR-CONTROLLER-COUNTY CLERK COUNTY CLERK-RECORDER COUNTY CLERK-RECORDER COUNTY CLERK-RECORDER . NAPA COUNTY ELECTION DIVISION 900 Coombs St Rm 256 NAPA CA 94559-2936 JOHN TUTEUR PHONE 707.253.4321 FAX 707.253.4390 REGISTRAR OF VOTERS AN EXPLANATION OF CONVERSION TO VOTE BY MAIL You are among 14,190 voters, approximately 21% of total registered voters, who are being converted to vote by mail to meet my obligation to all Napa County voters to provide a secure and convenient means of casting their secret ballot. California law provides that the Registrar of Voters may convert a precinct to vote by mail if fewer than 250 voters would vote at that polling place. By reducing our number of polling places from 58 to 51 physical locations, we are able to reallocate our pollworkers and our voting equipment and supplies to accommodate those voters who still use our remaining polling places. Having converted myself to a vote by mail voter, I understand the concern about not having the option to vote at a polling place, but I felt I had to do what was best for all voters. We will be providing 4 Voter Assistance Centers in addition to our 51 polling places to accommodate the needs of vote by mail voters. The Voter Assistance Centers will be open from 8:30 AM to 4:30 PM both weekend days before the election, 8 Am to 5 PM on the Monday before the Election and 7 AM to 8 PM on Election Day. I am responsible for all voters having a trouble-free voting experience at their polling place. In November 2006 we had long lines at several polling places in Napa County. I estimate that more than one hundred voters turned away without voting when they encountered waits of up to one hour to vote. I have taken a number of steps to avoid even one frustrated voter during the upcoming, high-turnout Presidential election in November 2008. Saving money was not a factor in this decision. Any savings from closing 9 polling places are offset by new costs for sending and paying the return postage on thousands of vote by mail ballots. Several voters have expressed concern about the secrecy of a vote by mail ballot which is delivered to us in a return envelope with your name, address and signature. We need the signature to verify that the person who voted the ballot is the same person who registered to vote. We verify your signature by comparing it to the image in our database of your signature on your registration affidavit. To protect the secrecy of the ballot during processing, your folded ballot is removed from the signed envelope and placed together with other folded ballots on the table; the envelopes are put aside for eventual recycling. Only when all envelopes are off the table do poll workers unfold the ballots to make sure that the voter has followed ballot marking instructions so that our optical scanner can read it. MORE ON REVERSE 28-MB-1 There is a myth that vote by mail ballots do not count or are counted so late as to not influence the election. Approximately two-thirds of all registered voters in Napa County now vote by mail. At least half of those ballots are received and processed prior to Election Day. In the February 5, 2008, Presidential Primary Election, two-thirds of the Election Night count were vote by mail ballots and those results were released first at 8:05 p.m. Vote by mail ballots received shortly before or on Election Day will be processed and counted before the certified results of the election are released. Although preliminary results are typically released on Election Night, the results of any contest or measure are not final until the election results are certified. I can assure every voter that their vote will be counted as long as it is received in our office or at a Voter Assistance Center or at any of our 51 polling places before 8:00 p.m. on Election Day. Postmark does not count for vote by mail ballots. Several voters have expressed concern about having to fill out and mail their vote by mail ballot by the Friday before Election Day to make sure it is received timely through the mail. If you like to hear all the arguments and watch all the ads right up to Election Day, you have the option of waiting until Election Day to complete and deliver your ballot to a Voter Assistance Center, one of our 51 polling places or to our office any time between 7 AM and 8 PM on Election Day. We will provide a list of the nearest Voter Assistance Center and the two nearest polling places to your home along with your vote by mail ballot. I do ask that the voter complete his or her ballot, seal it in the return envelope and sign the return envelope before entering the polling place so that dropping it off will be easy and quick. I want to emphasize that the Election Division does pay the return postage for vote by mail voters who no longer have a polling place. Persons who have a concern about leaving a voted ballot for pick up in their mail box or by their carrier should drop their ballot in a postal collection box. Return ballot envelopes are marked with identifying logos to ensure special handling by post office personnel. Voters may call our office at (707) 253-4322 or 1 (888) 494-8356 toll free from upvalley and American Canyon to confirm their ballot has been received by our office. You can also check on our Web site www.co.napa.ca.us to see if the ballot was received. Receipt of ballots should be updated by the last week in May for ballots mailed prior to that time. Should you have any questions please contact Napa County Registrar of Voters John Tuteur at (707) 253-4459 or by e-mail jtuteur@co.napa.ca.us. . 28-MB-2 ASSESSOR-RECORDER/COUNTY CLERK NAPA COUNTY ELECTIONS DIVISION 900 Coombs St Rm 256 NAPA CA 94559-2936 JOHN TUTEUR PHONE 707.253.4321 FAX 707.253.4390 REGISTRAR OF VOTERS TO: NEW VOTE-BY-MAIL VOTERS JOHN TUTEUR, REGISTRAR OF VOTERS FROM: CONVERSION TO VOTE-BY-MAIL RE: February 25, 2008 DATE: For the June 3, 2008, Direct Primary Election and the November 4, 2008 Presidential General Election, we have converted your precinct from a polling place precinct to a vote-by-mail precinct for the following reasons: To offer you the convenience of voting by mail without having to request a ballot for each election > To avoid congestion and delays at polling places on Election Day by better utilizing our voting system resources I have enclosed a more complete explanation of the reasons for this change with this letter. You will receive your ballot for the June 3, 2008 Direct Primary Election in the mail during the first week of May and your ballot for the November 4, 2008 Presidential General Election during the first week of October. You will also receive a postage-paid return envelope in which to return your ballot. Full instructions for returning the ballot will be provided with each mailing. PLEASE BE SURE TO SIGN THE RETURN ENVELOPE AFTER YOU VOTE YOUR BALLOT. Please mail your voted ballot no later than 5 days before Election Day to ensure that we receive it prior to the deadline of 8:00 PM on Election Day. You may also drop off your voted ballot at our central office 900 Coombs Street Rm 256 with 20 minute election parking on the top floor of the 2nd Street Parking Garage between Brown and Coombs Streets in the City of Napa or one of our 4 Voter Assistance Centers located near you in Calistoga, Saint Helena, Yountville and American Canyon. Hours of operation will be 8:30 AM to 4:30 PM on Saturday May 31 and Sunday June 1; 8 AM to 5 PM Monday June 2 and 7 AM and 8 PM on Election Day June 3, 2008. You will receive the address of the Voter Assistance Center nearest your home with your ballot for each election. Please let me know if there are any comments or questions by voice at (707) 253-4459 or by electronic mail at jtuteur@co.napa.ca.us 28-MB-3 --- Napa County Election Division 900 Coombs Street, Rm 256 NONPROFIT U.S. POSTAGE Napa, CA 94559-2946 PAID PDS Posta 28-MB-4 R ELECTRONIC SERVICE REQUESTED TO: • • . . 1) From: Tuteur, John Sent: Friday, March 07, 2008 8:47 AM To: AC Subject: RE: Bad Decision Ms. C, thank you for taking the time to let me know your thoughts. I converted myself to vote by mail so I can sympathize with your concerns about losing contact with the process. You will be able to drop your ballot off in person at our voter assistance center in Calistoga from the weekend before the election through Election Day. You will receive more information with your ballot in early May. JOHN TUTEUR, NAPA COUNTY REGISTRAR OF VOTERS From: AC Sent: Friday, March 07, 2008 8:28 AM To: Tuteur, John Subject: Bad Decision Mr. Tuteur, You would have made a better decision if you had given voter a choice of voting by mail or going to a consolidated voting center elsewhere. Many of us still enjoy the privledge of voting with our friends and neighbors. Your choice is just another step toward an anonimous isolated society. C in Calistoga 2) D B xxx-xxxx wants the choice to go to her polling place. 3) From: Tuteur, John Sent: Friday, March 07, 2008 10:14 AM To: 'CE User' Subject: RE: You cannot discriminate like this. Mr. A, thank you for your message and thank you for reading the material which accompanied the notification of conversion to vote by mail. I would be happy to discuss your concerns at greater length especially concerning privacy of a vote by mail ballot. As you can see from the attached analysis of the February 5, 2008 election, almost 75% of all paper ballots were returned by mail. California law and our ballot handling procedures provide for complete secrecy of all vote by mail ballots at all steps of the process. I would be happy to have you observe our ballot handling procedures during the June election cycle if you have the time to participate. We can certainly work around your schedule, JOHN TUTEUR, NAPA COUNTY REGISTRAR OF VOTERS From: CE User Sent: Thursday, March 06, 2008 10:35 PM To: Tuteur, John Subject: You cannot discriminate like this. As I understand your letter. You are unwilling to work to adjust precinct numbers and took the easy way out with the rational that It is only 4%. You cannot garantee me to my satisfaction that my vote will be private and counted unless I have the right to vote like the other 96% of the population. This will not rest at your level for me but I thought it would be only fair to let you know at least one person was unhappy and intended not to let this rest. This is an important election year and It is not important to me or significant that you also are voting by mail. 4) could not get name from voicemail XXXX Street xxx-xxxx works at Veterans Home - will not vote if not at poling place left message and asked for more explanation of her concerns. Explained that vets home will not have a polling place in June or November. 5) From: Tuteur, John Sent: Friday, March 07, 2008 12:44 PM To: SB Subject: conversion to vote by mail Ms. B, thanks for taking the time to respond to my notification of the conversion of your precinct to vote by mail. I also appreciate your having taken the time to read the accompanying explanation. As I pointed out, I have had to convert a number of precincts to vote by mail in order to free up resources to accommodate voters who use our remaining 49 polling places. There is no polling place to which we can reassign you as precincts relate to geographic areas and the jurisdictions which cover that area. I have suggested to a number of voters who miss the experience of voting at their polling place that they bring their voted ballot in its sealed and signed return envelope to our office to drop it off. You will have all the excitement of people exercising their franchise without having to wait in line as we have a ballot box available for you to drop off your ballot. We will be open both weekend days before the June and November elections as well as the Monday before and Election Day itself. Our weekend hours are 8:30 to 4:30, Monday from 8 to 5 and Election Day from 7 AM to 8 PM. I would be happy to discuss this further if you wish, 6) C B liked electronic voting and early voting. Explained about voter assistance center. Going in wrong direction but SOS fault. 7) D 707.xxx-xxxx wanted to go to polling place returned call and left message about voter assistance centers 8) D B is satisfied with voter assistance centers. 9) From: Tuteur, John Sent: Monday, March 10, 2008 1:43 PM To: 'John' Subject: RE: Conversion to vote by mail Mr. and Mrs. L thank you for taking the time to contact me about the conversion to vote by mail. Other voters have contacted me about the issue of the security and efficiency of the mail system. If you have not received your vote by mail ballots by Tuesday May 13, please contact me and we will see that replacement ballots are sent. If you have a concern about returning your ballots in the mail, I have suggested that they drop off their ballot at our office prior to 8 PM on Election Day. There are five 20 minute election parking spaces on the top of the 2nd Street Garage just outside of our office. We will be open from 8:30 to 4:30 on Saturday May 31 and Sunday June 1, from 8 to 5 on Monday June 2 and from 7 AM to 8 PM on Election Day June 3. We had a 75% turnout among vote by mail voters as opposed to less than 50% among polling place voters so it does appear that the mail is working. I share your frustration about when people show up to vote at their polling place. If a voter would come every 8 minutes, we would not have lines. However, I did have to make a decision about ensuring that a ballot was placed in the hands of those voters whose polling places were closed while reallocating resources to make sure that polling place voters were not unduly delayed. It is not a question of money as it costs as much to send out and pay for the return of a vote by mail ballot as it does to staff a polling place. I am not sure about your concern about vote by mail ballots being prone to voter fraud because the signature on every return envelope is checked against the signature on the person's registration card in our database. Ballots in unsigned return envelopes are not counted if the voter fails to come in after we call them. Please let me know if there is anything further you need from me. Thanks again for contacting me, JOHN TUTEUR, NAPA COUNTY REGISTRAR OF VOTERS From: John Sent: Sunday, March 09, 2008 6:16 PM To: Tuteur, John Subject: Conversion to vote by mail Subject: Conversion to vote by mail Good morning Mr. Tuteur: The wife and I have spoken with you before on the telephone and at time you said for us to feel free to contact you at anytime....well this appears to be that time. Please afford me the courtesy of reading my complete message....before hitting the delete button. We received your notice yesterday and I had to wait a day or so to cool down before commenting. We strongly protest the closing of our polling place. Just what does voting by mail have to do with "secure and convenient"? Our mail is neither secure nor convenient. The mail service leaves much to be desired as we get other peoples mail and they get ours....frequently. Some security of the mail system....NOT! We have no idea of how much mail we may have missed by someone just throwing it away. We are not the only people to whom this happened. As to some poor person having to wait a whole hour to vote... WOW...my heart bleeds. That same person will stand in line for a 8 to 10 hours for a special sale, for tickets to a concert or a sports game, but can't stand to in line to wait to perform the MOST important act a citizen can perform. I am tired of making everyone suffer for the sake of a few lazy people that can't get to the polling station during polling hours. It not as if the polls are only open for two hour....thirteen hours should be enough!! Our voting process has been bastardized for the sake of "partisanship", "political correctness", "diversity" and "multi-culturalism". Except for extreme weather conditions, I feel that no judge, or any other official, should extend the polling hours. He who snoozes...loses! If we set strict standards and stick by them good people will shape up, if not, tough stuff. This will be another opportunity for more voter fraud, and at no time did I believe "that saving money was not a factor in this decision". Find the money from somewhere else and keep the polling places open! A response would be appreciated. Sincerely, J and P 10) R B – very unhappy will check with neighbors xxx-xxxx (XXXX St.) 11) From: Tuteur, John Sent: Wednesday, March 12, 2008 8:19 AM To: LR Subject: Conversion to vote by mail Ms. R, thank you for contacting me. Consolidating voters at polling places would defeat my primary objective which is to avoid delays for those voters who still need to go to a polling place. I have suggested to others who have expressed concern about missing the experience of going to a polling place that you vote your ballot in the presence of your children at home and then bring the sealed envelope, signed by you, to our office with your children to drop it off. If you wish you can also wait and vote your ballot here before you seal and sign the envelope. We are open weekdays from 8 to 5 and will be open Saturday May 31 and Sunday June 1 from 8:30 to 4:30 as well as from 7 AM to 8 PM on Election Day. Please let me know if you need any further response from me, JOHN TUTEUR, NAPA COUNTY REGISTRAR OF VOTERS From: LR Sent: Tuesday, March 11, 2008 12:14 PM To: Tuteur, John Subject: I am very upset about your decision to close my polling place. I vote at XXXX, which includes 3 different precincts. I can understand joining them into one but closing my place altogether is unacceptable to me. I am a voter. I believe it is my right and duty to go vote. I do not want to vote by mail. I have taken my children to vote and used it as a lesson in democracy. I planned on taking my grandchildren to vote too. I question whether you even have the right to do this. I'm sure you have your political reasons and that you will probably not change it back but I want you to know that I think it is wrong. LR 12) From: Tuteur, John Sent: Wednesday, March 12, 2008 1:14 PM To: 'J F Subject: RE: FORCING ME TO VOTE BY MAIL I appreciate your taking the time, Mr. F, to acknowledge my response. I look forward to meeting you some day, JOHN TUTEUR, NAPA COUNTY ASSESSOR-RECORDER-COUNTY CLERK From: JF Sent: Wednesday, March 12, 2008 9:09 AM To: Tuteur, John Subject: Re: FORCING ME TO VOTE BY MAIL Thank you for your thoughtful response. You are certainly not the faceless politician (or bureaucrat) I initially thought. ---- Original Message ----- From: Tuteur, John To: JF Sent: Wednesday, March 12, 2008 8:45 AM Subject: RE: FORCING ME TO VOTE BY MAIL Mr. F, thank you for contacting me. I try to be more visible than the faceless politicians you mention so please feel free to drop in the office when you are down this way. I will be also visiting the Vote By Mail Assistance Centers in late May so perhaps we could meet there. Your concern about missing the polling place experience has been expressed by many of the voters who contacted me. My suggestion has been to vote your ballot, seal and sign the envelope and then bring it to our Vote By Mail Assistance Center in Calistoga at the Cropp Building, Gate 2, Fairgrounds on Oak Street during the hours they are open. You may not have to stand in line but you will have the opportunity to meet our staff at the center (and maybe meet me if the timing is right). The Center will be open from 8:30 to 4:30 on Saturday May 31 and Sunday June 1; from 8 to 5 on Monday June 2 and from 7 AM to 8 PM on Election Day. Please let me know if there is anything further you need from me at this point, JOHN TUTEUR, NAPA COUNTY REGISTRAR OF VOTERS From: JF Sent: Thursday, March 06, 2008 3:37 PM To: Tuteur, John Subject: FORCING ME TO VOTE BY MAIL One of the great pleasures of Election Day has always been to arrive at my polling place and join a line of fellow citizens eager to cast their ballot in defense of our democracy. Forcing me to vote by mail - and not even offering me the choice of a more distant polling place - only adds to the growing anonymity and facelessness of our society. But then who am I, just another faceless citizen sending an electronic message to a faceless politician. My name is J F, Mr. Tuteur, and I live in Calistoga. 13) From: Tuteur, John Sent: Wednesday, April 02, 2008 8:44 AM To: M B Subject: RE: voting by mail Ms. B, thank you for the continuing dialogue. The conversion to vote by mail precinct will remain in place for the June and November elections. As I mentioned, you do have the option of bringing your ballot to our office in person on the dates and times I mentioned in my earlier e-mail (see below.) JOHN TUTEUR, NAPA COUNTY ASSESSOR-RECORDER-COUNTY CLERK From: MB Sent: Sunday, March 30, 2008 4:14 PM To: Tuteur, John Subject: RE: voting by mail I am not concerned "with making sure that (my) ballot is received and counted". What I am concerned about is that my ability to vote in person has been nullified by some arbitrary reason by a very undemocratic process. I have always voted in person, and I want to continue to do so. MB From: Tuteur, John Sent: Friday, March 14, 2008 8:28 AM To: MB Subject: RE: voting by mail Ms. B, thank you for contacting me. I am not sure if your concern about voting by mail has to do with making sure that your ballot is received and counted. You do have the option of bringing your voted ballot in its sealed and signed return envelope to our office or to any polling place on Election Day. Our office will be open Saturday May 31 and Sunday June 1 from 8:30 to 4:30, Monday June 2 from 8 to 5 and Tuesday June 3, Election Day, from 7 AM to 8 PM. I would be happy to discuss other concerns you might have if you will let me know what they are, JOHN TUTEUR, NAPA COUNTY REGISTRAR OF VOTERS From: MB Sent: Thursday, March 06, 2008 11:36 AM To: Tuteur, John Subject: voting by mail I was disconcerted to learn from your letter that I am being assigned to vote by mail. I DO NOT want to vote by mail. I want to vote in a polling precinct, especially in this important upcoming election. I have never had to wait very long to vote, in any precinct. Please assisgn someone who wants to vote by mail and allow me to vote the way a I choose. M B 14) Call from LR xxx-xxxx returned call left message no further contact 15) J E - xxx - xxxx will try VAC in June 16) H S - Condo complex - asked me to reopen polling place. I explained why it was closed. 17) L J xxx-xxxx expressed concern about not being able to go to a polling place with her children understood my obligations but feels deprived of basic right (5-16-2008) (18) DG - xxx-xxxx visually impaired. Concerned about polling place closing. Will arrange for him to vote at First Baptist Church. 5/21/2008 19) K L xxx-xxxx phone conversation with e-mail From: Tuteur, John Sent: Tuesday, June 03, 2008 1:15 PM To: 'kl Subject: conversion to vote by mail I am glad we were able to work things out, Mr. L, for this election. You will receive your ballot in the mail in future elections beginning in November 2008. Please let me know if you have any further questions or comments, JOHN TUTEUR, NAPA COUNTY REGISTRAR OF VOTERS
F9:
A number of voters in Napa County are disgruntled at the lack of opportunity to provide input or feedback in regard to closing the majority of polling places. RESPONSE: I disagree. I have not had a single voter complain that they have been unable to reach me regarding their concern about the closure of polling places. To the best of my knowledge I have responded to every voter who has contacted me with such a concern and explained in details my reasons. Attachment 2
Related Recommendations (1)
R9:
From: Tuteur, John Sent: Monday, March 10, 2008 1:43 PM To: 'John' Subject: RE: Conversion to vote by mail Mr. and Mrs. L thank you for taking the time to contact me about the conversion to vote by mail. Other voters have contacted me about the issue of the security and efficiency of the mail system. If you have not received your vote by mail ballots by Tuesday May 13, please contact me and we will see that replacement ballots are sent. If you have a concern about returning your ballots in the mail, I have suggested that they drop off their ballot at our office prior to 8 PM on Election Day. There are five 20 minute election parking spaces on the top of the 2nd Street Garage just outside of our office. We will be open from 8:30 to 4:30 on Saturday May 31 and Sunday June 1, from 8 to 5 on Monday June 2 and from 7 AM to 8 PM on Election Day June 3. We had a 75% turnout among vote by mail voters as opposed to less than 50% among polling place voters so it does appear that the mail is working. I share your frustration about when people show up to vote at their polling place. If a voter would come every 8 minutes, we would not have lines. However, I did have to make a decision about ensuring that a ballot was placed in the hands of those voters whose polling places were closed while reallocating resources to make sure that polling place voters were not unduly delayed. It is not a question of money as it costs as much to send out and pay for the return of a vote by mail ballot as it does to staff a polling place. I am not sure about your concern about vote by mail ballots being prone to voter fraud because the signature on every return envelope is checked against the signature on the person's registration card in our database. Ballots in unsigned return envelopes are not counted if the voter fails to come in after we call them. Please let me know if there is anything further you need from me. Thanks again for contacting me, JOHN TUTEUR, NAPA COUNTY REGISTRAR OF VOTERS From: John Sent: Sunday, March 09, 2008 6:16 PM To: Tuteur, John Subject: Conversion to vote by mail Subject: Conversion to vote by mail Good morning Mr. Tuteur: The wife and I have spoken with you before on the telephone and at time you said for us to feel free to contact you at anytime....well this appears to be that time. Please afford me the courtesy of reading my complete message....before hitting the delete button. We received your notice yesterday and I had to wait a day or so to cool down before commenting. We strongly protest the closing of our polling place. Just what does voting by mail have to do with "secure and convenient"? Our mail is neither secure nor convenient. The mail service leaves much to be desired as we get other peoples mail and they get ours....frequently. Some security of the mail system....NOT! We have no idea of how much mail we may have missed by someone just throwing it away. We are not the only people to whom this happened. As to some poor person having to wait a whole hour to vote... WOW...my heart bleeds. That same person will stand in line for a 8 to 10 hours for a special sale, for tickets to a concert or a sports game, but can't stand to in line to wait to perform the MOST important act a citizen can perform. I am tired of making everyone suffer for the sake of a few lazy people that can't get to the polling station during polling hours. It not as if the polls are only open for two hour....thirteen hours should be enough!! Our voting process has been bastardized for the sake of "partisanship", "political correctness", "diversity" and "multi-culturalism". Except for extreme weather conditions, I feel that no judge, or any other official, should extend the polling hours. He who snoozes...loses! If we set strict standards and stick by them good people will shape up, if not, tough stuff. This will be another opportunity for more voter fraud, and at no time did I believe "that saving money was not a factor in this decision". Find the money from somewhere else and keep the polling places open! A response would be appreciated. Sincerely, J and P
F10:
There was a delay in receiving the ballot information pamphlets which may have led to some voters to mail in their ballots without sufficient information. RESPONSE: I disagree that there was sufficient delay in receiving sample ballot pamphlets to force voters to mail in their ballots without sufficient information. Beginning with the November 7, 2006 election through the June 5, 2012 all vote by mail voters received their voter information pamphlets with their official ballots in the same envelope. All vote by mail ballots were delivered prior to the deadlines set forth in California election law. For the November 6, 2012 election, the number of ballot measures and candidate statements made it impossible to include the voter information pamphlet with the vote by mail official ballot in the same envelope. The separate sample ballot pamphlet which was mailed to the vote by mail voters arrived within 5 days of the receipt of the vote by mail ballot giving those voters an additional 17 to 24 days to review the information before having to mail or return their ballot in person. In less than 20 cases out of approximately 61,500 vote by mail voters, sample ballot pamphlets were delayed more than 5 days and to the best of my knowledge a sample ballot pamphlet was delivered to every voter prior to the deadline for mailing or returning their ballot.
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R10:
R B – very unhappy will check with neighbors xxx-xxxx (XXXX St.)
F11:
Logic and Accuracy testing of polling machines was carried out by Election Staff and election partners prior to the 2012 General Election. It was observed by the Grand Jury that proper procedures were followed. RESPONSE: I agree and appreciate the Grand Jury recognizing the efficiency and accuracy of our staff and our ballot tabulation system.
Related Recommendations (1)
R11:
From: Tuteur, John Sent: Wednesday, March 12, 2008 8:19 AM To: LR Subject: Conversion to vote by mail Ms. R, thank you for contacting me. Consolidating voters at polling places would defeat my primary objective which is to avoid delays for those voters who still need to go to a polling place. I have suggested to others who have expressed concern about missing the experience of going to a polling place that you vote your ballot in the presence of your children at home and then bring the sealed envelope, signed by you, to our office with your children to drop it off. If you wish you can also wait and vote your ballot here before you seal and sign the envelope. We are open weekdays from 8 to 5 and will be open Saturday May 31 and Sunday June 1 from 8:30 to 4:30 as well as from 7 AM to 8 PM on Election Day. Please let me know if you need any further response from me, JOHN TUTEUR, NAPA COUNTY REGISTRAR OF VOTERS From: LR Sent: Tuesday, March 11, 2008 12:14 PM To: Tuteur, John Subject: I am very upset about your decision to close my polling place. I vote at XXXX, which includes 3 different precincts. I can understand joining them into one but closing my place altogether is unacceptable to me. I am a voter. I believe it is my right and duty to go vote. I do not want to vote by mail. I have taken my children to vote and used it as a lesson in democracy. I planned on taking my grandchildren to vote too. I question whether you even have the right to do this. I'm sure you have your political reasons and that you will probably not change it back but I want you to know that I think it is wrong. LR
F12:
The Grand Jury found that the transfer of ballots from county polling places to the Election Office and the handling and counting of polling place ballots on Election Day followed proper procedures. RESPONSE: I agree and appreciate the Grand Jury recognizing the efficiency and accuracy of our poll workers, staff and our ballot tabulation system.
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R12:
From: Tuteur, John Sent: Wednesday, March 12, 2008 1:14 PM To: 'J F Subject: RE: FORCING ME TO VOTE BY MAIL I appreciate your taking the time, Mr. F, to acknowledge my response. I look forward to meeting you some day, JOHN TUTEUR, NAPA COUNTY ASSESSOR-RECORDER-COUNTY CLERK From: JF Sent: Wednesday, March 12, 2008 9:09 AM To: Tuteur, John Subject: Re: FORCING ME TO VOTE BY MAIL Thank you for your thoughtful response. You are certainly not the faceless politician (or bureaucrat) I initially thought. ---- Original Message ----- From: Tuteur, John To: JF Sent: Wednesday, March 12, 2008 8:45 AM Subject: RE: FORCING ME TO VOTE BY MAIL Mr. F, thank you for contacting me. I try to be more visible than the faceless politicians you mention so please feel free to drop in the office when you are down this way. I will be also visiting the Vote By Mail Assistance Centers in late May so perhaps we could meet there. Your concern about missing the polling place experience has been expressed by many of the voters who contacted me. My suggestion has been to vote your ballot, seal and sign the envelope and then bring it to our Vote By Mail Assistance Center in Calistoga at the Cropp Building, Gate 2, Fairgrounds on Oak Street during the hours they are open. You may not have to stand in line but you will have the opportunity to meet our staff at the center (and maybe meet me if the timing is right). The Center will be open from 8:30 to 4:30 on Saturday May 31 and Sunday June 1; from 8 to 5 on Monday June 2 and from 7 AM to 8 PM on Election Day. Please let me know if there is anything further you need from me at this point, JOHN TUTEUR, NAPA COUNTY REGISTRAR OF VOTERS From: JF Sent: Thursday, March 06, 2008 3:37 PM To: Tuteur, John Subject: FORCING ME TO VOTE BY MAIL One of the great pleasures of Election Day has always been to arrive at my polling place and join a line of fellow citizens eager to cast their ballot in defense of our democracy. Forcing me to vote by mail - and not even offering me the choice of a more distant polling place - only adds to the growing anonymity and facelessness of our society. But then who am I, just another faceless citizen sending an electronic message to a faceless politician. My name is J F, Mr. Tuteur, and I live in Calistoga.
F13:
Security measures for handling, maintaining chain of custody, storing and counting ballots appear to be adequate. RESPONSE: I agree and appreciate the Grand Jury mentioning the measures that were instituted following an earlier Grand Jury and internal task force review of our office in 2005.
Related Recommendations (1)
R13:
From: Tuteur, John Sent: Wednesday, April 02, 2008 8:44 AM To: M B Subject: RE: voting by mail Ms. B, thank you for the continuing dialogue. The conversion to vote by mail precinct will remain in place for the June and November elections. As I mentioned, you do have the option of bringing your ballot to our office in person on the dates and times I mentioned in my earlier e-mail (see below.) JOHN TUTEUR, NAPA COUNTY ASSESSOR-RECORDER-COUNTY CLERK From: MB Sent: Sunday, March 30, 2008 4:14 PM To: Tuteur, John Subject: RE: voting by mail I am not concerned "with making sure that (my) ballot is received and counted". What I am concerned about is that my ability to vote in person has been nullified by some arbitrary reason by a very undemocratic process. I have always voted in person, and I want to continue to do so. MB From: Tuteur, John Sent: Friday, March 14, 2008 8:28 AM To: MB Subject: RE: voting by mail Ms. B, thank you for contacting me. I am not sure if your concern about voting by mail has to do with making sure that your ballot is received and counted. You do have the option of bringing your voted ballot in its sealed and signed return envelope to our office or to any polling place on Election Day. Our office will be open Saturday May 31 and Sunday June 1 from 8:30 to 4:30, Monday June 2 from 8 to 5 and Tuesday June 3, Election Day, from 7 AM to 8 PM. I would be happy to discuss other concerns you might have if you will let me know what they are, JOHN TUTEUR, NAPA COUNTY REGISTRAR OF VOTERS From: MB Sent: Thursday, March 06, 2008 11:36 AM To: Tuteur, John Subject: voting by mail I was disconcerted to learn from your letter that I am being assigned to vote by mail. I DO NOT want to vote by mail. I want to vote in a polling precinct, especially in this important upcoming election. I have never had to wait very long to vote, in any precinct. Please assisgn someone who wants to vote by mail and allow me to vote the way a I choose. M B
F14:
The Grand Jury observed inconvenient access for the public to the election office facilities during the hectic general election periods. There is a need for more office storage space during the busy general election periods. RESPONSE: I agree that the current election office location and layout is not ideal. To mitigate the situation the Registrar of Voters has instituted a number of measures to increase voter access. In 2012 we reconfigured our limited office space to increase our front counter space from one workstation to five workstations and to create an accessible counter for the disabled. To reduce the need for voters to come to our office, we have opened 5 vote by mail assistance centers, one in each of the municipalities. We have also instituted drive-through voting at our central office and the Napa vote by mail assistance center. For the 2014 election cycle we are going to improve the method of dropping off ballots at every polling place. We will also be opening at least two additional vote by mail assistance centers in the City of Napa. I disagree that storage space is an issue during busy general election periods. We are able to manage the large amounts of supplies that we receive without impacting public access and without hindering the efficiency of our staff. I agree that the system looks somewhat disorganized, but it works smoothly.
Related Recommendations (1)
R14:
Call from LR xxx-xxxx returned call left message no further contact
F15:
The Grand Jury found that the Election Division has no formal archive of complaints from the public. RESPONSE: I disagree that the Election Division has no formal archive of complaints from the public. From 2004 to 2006 when electronic voting was still an accepted method for general voting in California, the division logged every instance of an issue with that system. Since electronic voting has been cut back to one machine at each polling place and early voting has been made too difficult to conduct because of regulations promulgated by the California Secretary of State, we continue to log any issues with our remaining electronic machines. Of course there are fewer issues with electronic voting because we went from approximately 23,500 voters using electronic voting on November 7, 2006 to 3 (three) voters using electronic voting on November 6, 2012. We also log all complaints received from the Secretary of State hotline on our shared drive. In addition, the Registrar of Voters has logged, and responded to, all messages received from voters about polling place closure, conversion to vote by mail and other issues. Attachment 3
Related Recommendations (1)
R15:
J E - xxx - xxxx will try VAC in June
Additional Recommendations
3
Not linked to specific findings.
R16:
H S - Condo complex - asked me to reopen polling place. I explained why it was closed.
R17:
L J xxx-xxxx expressed concern about not being able to go to a polling place with her children understood my obligations but feels deprived of basic right (5-16-2008) (18) DG - xxx-xxxx visually impaired. Concerned about polling place closing. Will arrange for him to vote at First Baptist Church. 5/21/2008
R19:
K L xxx-xxxx phone conversation with e-mail From: Tuteur, John Sent: Tuesday, June 03, 2008 1:15 PM To: 'kl Subject: conversion to vote by mail I am glad we were able to work things out, Mr. L, for this election. You will receive your ballot in the mail in future elections beginning in November 2008. Please let me know if you have any further questions or comments, JOHN TUTEUR, NAPA COUNTY REGISTRAR OF VOTERS
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Findings & Recommendations
3 findings
F1:
Certain witnesses interviewed by the Grand Jury, knowingly, repeatedly, and willfully violated their lawful secrecy admonition.
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R1:
That ... the City Council ...provide instruction to all county [sic - intended to be "city"] employees within their jurisdiction regarding their duties and responsibilities towards the grand jury process and that said instruction be completed prior to the end of the year. RECEIVED 4381 Broadway Street, Suite 201, American Canyon, CA 94503 • (707) 647-4360 • FAX (707) 643-2355 • www.cityofamerican.canyon.org Call (707) 647-4369 • Hablamos Español • Nagtatagalog po kami Napa Superior Court ķ Response to
F2:
The conduct of the witnesses in repeatedly violating the Grand Jury's lawful secrecy admonition created an atmosphere of apprehension and intimidation which impeded the proper investigation of the Grand Jury.
F3:
The conduct of the witnesses who violate the secrecy admonition is punishable as contempt of the Superior Court. Response to Findings F1 through F3: The City cannot agree nor disagree with these findings as they relate to City of American Canyon witnesses. The City has no information regarding witnesses that are not City officials nor has the Grand Jury provided information to the City to indicate that any City official or employee has ever violated the secrecy admonition. If the Grand Jury has evidence to suggest otherwise, I encourage the foreperson to contact me or the City Attorney immediately.
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Findings & Recommendations
3 findings
F1:
Certain witnesses interviewed by the Grand Jury, knowingly, repeatedly, and willfully violated their lawful secrecy admonition. Response to Finding F1: The Town disagrees with this finding, as related to witnesses that are Town officials. The Town has no information regarding witnesses that are not Town officials. The Grand Jury has provided no information to the Town to indicate that any Town official has ever violated the secrecy admonition, and the Town has no information that any Town official has ever violated the secrecy admonition.
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R1:
That ... the Town Council ...provide instruction to all county [sic – intended to be "city"] employees within their jurisdiction regarding their duties and responsibilities towards the grand jury process and that said instruction be completed prior to the end of the year. Response to
F2:
The conduct of the witnesses in repeatedly violating the Grand Jury's lawful secrecy admonition created an atmosphere of apprehension and intimidation which impeded the proper investigation of the Grand Jury. Response to Finding F2: The Town disagrees with this finding, as related to witnesses that are Town officials. The Town has no information regarding witnesses that are not Town officials. The Town has consistently taken extraordinary efforts to cooperate with requests for information from the Grand Jury.
F3:
The conduct of the witnesses who violate the secrecy admonition is punishable as contempt of the Superior Court. Response to Finding F3: The Town agrees that a violation of the secrecy admonition may constitute a contempt of court; however, it is within the discretion of the court to determine whether or not particular conduct rises to the level of contempt.
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Findings & Recommendations
15 findings
F1:
The ex-officio Napa County ROV also serves as the elected Assessor/Recorder/Clerk. This places unique demands upon an official managing several consolidated divisions.
F2:
The Grand Jury finds it concerning that the elected ROV is directly involved in supervising elections and validating ballots for which he is a candidate on the ballot.
Related Recommendations (1)
R1:
The Napa County Board of Supervisors change the elected status of ex-officio Registrar of Voters to an appointed office.
F3:
The ROV could be an appointed stand-alone manager separated from the elected Assessor/Recorder/Clerk position and could be appointed by the BOS, as is the case in several other California counties.
F4:
Currently there can be no significant oversight by an independently appointed Napa County Board of Elections because the ROV is an elected county official. 16
Related Recommendations (1)
R1:
The Napa County Board of Supervisors change the elected status of ex-officio Registrar of Voters to an appointed office.
F5:
If the ROV were appointed rather than elected, there could be an independent County Board of Elections appointed to oversee that proper procedures are being followed for every election and that voters in Napa County are receiving timely and accurate election results.
Related Recommendations (1)
R2:
Upon the establishment of an appointed Registrar of Voters, the Napa County Board of Supervisors should establish an oversight committee of Napa County voters that would be charged with monitoring the performance and procedures of the Registrar of Voters.
F6:
There is public interest in reporting interim election results. The ROV can release interim elections results, as is done in other counties, providing for a more transparent election process.
Related Recommendations (2)
R3:
The Napa County Election Division publishes periodic interim election results in addition to the initial voting results on Election Day.
R7:
The Registrar of Voters publish the voter information pamphlet on the Election Division website.
F7:
In the last several years, Napa County has experienced closure of the vast majority of polling places and a switch to VBM for 85 percent of county registered voters.
F8:
Some voters and some elected officials in Napa County expressed dissatisfaction with the closure of a majority of local precincts and miss the participatory civic experience offered by local polling places.
F9:
A number of voters in Napa County are disgruntled at the lack of opportunity to provide input or feedback in regard to closing the majority of polling places.
Related Recommendations (2)
R4:
The Registrar of Voters solicits voter input regarding the reduction of polling precincts in favor of vote by mail.
R5:
The Registrar of Voters solicit input from voters through a vigorous media campaign, flyers to registered voters, as well as an online survey to determine how and where Napa citizens choose to vote.
F10:
There was a delay in receiving the ballot information pamphlets which may have led to some voters to mail in their ballots without sufficient information.
Related Recommendations (1)
R6:
The Registrar of Voters ensure that voter pamphlets and ballots are received at the same time.
F11:
Logic and Accuracy testing of polling machines was carried out by Election Staff and election partners prior to the 2012 General Election. It was observed by the Grand Jury that proper procedures were followed.
F12:
The Grand Jury found that the transfer of ballots from county polling places to the Election Office and the handling and counting of polling place ballots on Election Day followed proper procedures.
F13:
Security measures for handling, maintaining chain of custody, storing and counting ballots appear to be adequate.
F14:
The Grand Jury observed inconvenient access for the public to the election office facilities during the hectic general election periods. There is a need for more office storage space during the busy general election periods.
Related Recommendations (1)
R9:
Napa County Board of Supervisors establishes an election office facility with more space for storing and processing ballots and easier access for the public.
F15:
The Grand Jury found that the Election Division has no formal archive of complaints from the public. 17
Related Recommendations (1)
R8:
The Election Division create an archive of public concerns and/or complaints and its responses thereto.
Additional Recommendations
1
Not linked to specific findings.
R18:
Request for Responses 18 2 NAPA COUNTY GRAND JURY P.O. BOX 5397 NAPA, CALIFORNIA 94581 June 24, 2013 The Honorable Mark S. Boessenecker Supervising Judge Superior Court of the State of California County of Napa 825 Brown Street Napa, California 94559 Re: 2012-2013 Grand Jury Final Report: Napa County Sheriff/Coroner Dear Judge Boessenecker, Pursuant of Section 933 (a) of the California Penal Code, the 2012-2013 Napa County Grand Jury submits its report on the Napa County Election Division. Our investigation of this subject was conducted in a manner consistent with the California Penal Code, this Court's Charge, and the historic role of the Grand Jury, to pursue the interests of the residents of Napa County. This is a sixth in a series of final reports we will be issuing during our term. I would like to acknowledge the good work and dedication of the Napa County Grand Jurors as demonstrated in this report. Respectfully submitted, Victor J. Connell Foreperson NAPA COUNTY GRAND JURY P.O. BOX 5397 NAPA, CALIFORNIA 94581 June 24, 2013 To the Residents of Napa County: Our sixth 2012-2013 Grand Jury Final Report is on the Napa County Election Division. The Napa County Office of County Counsel has reviewed this final report. The Napa County Superior Court Presiding Judge, pursuant to California Penal Code Section 933(a), has found that this report complies with California Penal code Part 2 Title 4. Copies of this report are available for review in the Napa City-County Library and online at www.napa.courts.ca.gov (follow the link to the Grand Jury). We hope you find this report informative. It is an honor and privilege to serve you during our 2012-2013 Grand Jury term. Respectfully submitted, The NAPA COUNTY ELECTION DIVISION
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Findings & Recommendations
9 findings
F1:
The Sheriff’s Office has a flexible policy of rotating sworn officers through various duty positions to provide cross-training and enrich the experiences of deputies.
Related Recommendations (1)
R1:
The Coroner’s Division immediately begin a program of entering data from the old system of typewritten index cards into the current computerized system.
F2:
The Coroner’s office performs autopsies for surrounding counties on an as-needed basis and bills those counties for services. 15
Related Recommendations (1)
R2:
The NSO seek assistance, as appropriate, from the BOS, the Napa County Executive Office, and/or County Counsel to secure an agreement with a third party credit/debit card merchant service to allow the NSO to accept credit and debit cards for payment of fees and services and pass related costs to the customer.
F3:
The Coroner’s office and autopsy facilities, eight years after being built, are still considered state-of-the-art.
Related Recommendations (1)
R3:
The NSO, County IT and the NSO budget analyst work together to develop a cost- benefit analysis for a secure server with state-of-the-art software to store, index, manage and retrieve crime-scene photographs that are now routinely stored on CDs.
F4:
The Coroner’s office staff uses a typewritten index card for each Coroner’s case which is redundant with the computerized system currently in use.
Related Recommendations (1)
R4:
The NSO develop full documentation of policy and procedures for the collection and preservation of DNA evidence. This documentation should include the currently used standard operation procedures for handling DNA evidence.
F5:
The Records section is unable to accept credit/debit card payment for fees associated with LiveScan services, copies of reports, or other services to the public.
Related Recommendations (1)
R5:
That no later than December 31, 2013, the NSO and District Attorney’s office develop a joint policy and procedure which effectively obtains and enforces proper court orders for appropriate destruction of evidence in NSO custody in cases either fully adjudicated, dismissed or beyond the statute of limitations.
F6:
The Evidence Laboratory currently stores all crime scene photographs taken by deputies on CDs.
Related Recommendations (1)
R6:
That within the 2013-2014 fiscal year the NSO hire a part-time or extra-help person to fully staff the Property (Evidence) Room.
F7:
The Grand Jury found that the NSO has no written standard operating procedure that appropriately describes the proper manner of collection and preservation of DNA.
F8:
The Property (Evidence) Room becomes overloaded periodically and court orders for destruction of evidence related to closed or dismissed cases have been impeded due to a lack of coordinated inter-departmental procedure.
F9:
The Property (Evidence) Room is understaffed and is currently utilizing a person from the Evidence Laboratory to fill the gap in staffing.
Additional Recommendations
1
Not linked to specific findings.
R16:
Commendation 17 Request for Responses 17 Appendices Attached 2 NAPA COUNTY GRAND JURY P.O. BOX 5397 NAPA, CALIFORNIA 94581 May 20, 2013 The Honorable Mark S. Boessenecker Supervising Judge Superior Court of the State of California County of Napa 825 Brown Street Napa, California 94559 Re: 2012-2013 Grand Jury Final Report: Napa County Sheriff/Coroner Dear Judge Boessenecker, Pursuant of Section 933 (a) of the California Penal Code, the 2012-2013 Napa County Grand Jury submits its report on the Napa County Sheriff/Coroner Services Division. Our investigation of this subject was conducted in a manner consistent with the California Penal Code, this Court's Charge, and the historic role of the Grand Jury, to pursue the interests of the residents of Napa County. This is a fifth in a series of final reports we will be issuing during our term. I would like to acknowledge the good work and dedication of the Napa County Grand Jurors as demonstrated in this report. Respectfully submitted, Victor J. Connell Foreperson NAPA COUNTY GRAND JURY P.O. BOX 5397 NAPA, CALIFORNIA 94581 May 20, 2013 To the Residents of Napa County: Our fifth Grand Jury Final Report is on the Napa County Sheriff/Coroner. The Napa County Office of County Counsel has reviewed this final report. The Napa County Superior Court Presiding Judge, pursuant to California Penal Code Section 933(a), has found that this report complies with California Penal code Part 2 Title 4. Copies of this report are available for review in the Napa City-County Library and online at www.napa.courts.ca.gov (follow the link to the Grand Jury). We hope you find this report informative. It is an honor and privilege to serve you during our 2012-2013 Grand Jury term. Respectfully submitted, The NAPA COUNTY SHERIFF/CORONER SERVICES OPERATIONS
Findings & Recommendations
3 findings
F1:
Certain witnesses interviewed by the Grand Jury, knowingly, repeatedly and willfully, violated their lawful secrecy admonition. Auditor-Controller's Response: Having no personal information related to this finding, I am unable to agree or disagree with this finding.
Related Recommendations (1)
R1:
If you have any additional questions or need any further information, please do not hesitate to contact me at 707-299-1733. Sincerely, Tracy A. Schulze Auditor-Controller Enclosure ____ ۲. Napa County
F2:
The conduct of the witnesses in repeatedly violating the Grand Jury's lawful secrecy admonition created an atmosphere of apprehension and intimidation which impeded the proper investigation of the Grand Jury. Auditor-Controller's Response: Having no personal information related to this finding, I am unable to agree or disagree with this finding. However, I agree that if witnesses repeatedly violate the Grand Jury's secrecy admonition, it could create an atmosphere of apprehension and intimidation which would impede the proper investigation of the Grand Jury.
F3:
The conduct of the witnesses who violate the secrecy admonition is punishable as contempt of the Superior Court. Auditor-Controller's Response: I don't have adequate legal background to agree or disagree on this finding. Response to Recommendation:
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Findings & Recommendations
3 findings
F1:
Certain witnesses interviewed by the Grand Jury, knowingly, repeatedly and willfully, violated their lawful secrecy admonition. RESPONSE: I am unable to agree or disagree with this finding because I have no knowledge that I or any member of the staff of my department violated the Grand Jury's lawful secrecy admonition.
Related Recommendations (1)
R1:
That the County Board of Supervisors, the City Council of each incorporated jurisdiction, the County Counsel and every publicly elected official not under the authority of the foregoing provide instruction to all county employees within their jurisdiction regarding their duties and responsibilities towards the grand jury process and that said instruction be completed prior to the end to this calendar year. REPORT: (1) The recommendation has already been implemented... As Napa County's elected Assessor from January 1987 through January 9, 1998 and as the elected Assessor-Recorder-County Clerk from January 10, 1998 through today, it has been my policy to instruct our staff on their duties and responsibilities towards the grand jury process. In this grand jury cycle I immediately transmitted via e-mail to our entire staff the introduction letter received from the grand jury on September 20, 2012 (Attachments 1 and 2). When the issue of possible violation of the Grand Jury's secrecy admonition was disseminated by County Counsel in January 2013, I sent a follow-up communication to the staff (Attachment 3) as well as a copy of the letter I have sent to each newly-impaneled Grand Jury for the past 26 years (Attachment 4.) RESPONSE OF JOHN TUTEUR ASSESSOR RECORDER COUNTY CLERK TO NAPA COUNTY 2012-2013 GRAND JURY FINAL REPORT "ON THE INTEGRITY OF GRAND JURY INVESTIGATIONS" ATTACHMENT 1 – ELECTRONIC TRANSMITTAL OF INTRODUCTION LETTER From: Tuteur, John Sent: Friday, September 21, 2012 9:28 AM To: 'Victor Connell' Cc: - Assessor; - Recorder; - Elections Subject: 2012-2013 Napa County Grand Jury Review Mr. Connell, I look forward to meeting with you to begin the Grand Jury's review of our operations. I have copied our staff with the introduction letter so that they are aware of the process your committee will be following. John Tuteur Assessor-Recorder-County Clerk-Registrar of Voters From: Victor Connell [mailto: Sent: Thursday, September 20, 2012 7:13 PM <b>To:</b> Tuteur, John; Assessor Department Mailbox (Website) Cc: Victor Connell Subject: Napa County Grand Jury Meeting Mr. Tuteur, Please see attached letter from the Napa County Grand Jury. If possible, we would like to schedule an initial meeting with you sometime during the first week of October. We request that the meeting be about 2 hours long and would include yourself and about 5-6 GJ members. As you are aware, our meetings are confidential, so we could either meet in a private area of your office or at the GJ Office. Please let me know about your availability. Respectfully, Vic Connell Napa County Grand Jury Email: Phone: RESPONSE OF JOHN TUTEUR ASSESSOR RECORDER COUNTY CLERK TO NAPA COUNTY 2012-2013 GRAND JURY FINAL REPORT "ON THE INTEGRITY OF GRAND JURY INVESTIGATIONS" ATTACHMENT 2 – GRAND JURY INTRODUCTION LETTER SENT VIA E-MAIL TO STAFF 9-21-2012 2012-13 NAPA COUNTY GRAND JURY P.O. BOX 5397 NAPA, CALIFORNIA 94581-0397 September 20, 2012 RE: INTRODUCTION LETTER Mr. John Tuteur, Registrar of Voters-Assessor-Recorder-County Clerk County of Napa 1195 3rd Street Napa, California 94559 Dear Mr. Tuteur, The 2012-13 Napa County Grand Jury will conduct an investigation which involves your departments. The Chairperson of this committee is Vic Connell. In order to fulfill the Jury's mandate to "investigate all branches of local governments, to be assured that they are being administered efficiently, honestly, and in the best interest of Napa County's citizens," the committee will be soliciting information from you, your staff, and others with pertinent information. Staff input is an essential part of the Grand Jury's review and your staff should feel completely comfortable in speaking openly and honestly with us. Therefore, on behalf of the Grand Jury, I request your cooperation in this process by informing your staff that they should provide Jurors with requested information, either written or verbal, as the situation dictates. As with all Grand Juries, the participation, and comments made by any citizen or agency employee during a Grand Jury review are confidential. There should, of course, be no admonishment of, or interference with, or inference drawn from an individual's appearance before the Grand Jury, nor should the individual be interrogated about or reprimanded for such appearance or because of any findings reported by the Grand Jury. The Grand Jury is further tasked to "...investigate and report on the needs of county officers, including offices and equipment for ... performing the duties of county offices." Accordingly, the Grand Jury looks forward to learning more about your departments, and hopes that this review will be mutually beneficial. Sincerely, Horlest Die David B. Gilbreth, Foreperson 2012-13 Napa County Grand Jury RESPONSE OF JOHN TUTEUR ASSESSOR RECORDER COUNTY CLERK TO NAPA COUNTY 2012-2013 GRAND JURY FINAL REPORT "ON THE INTEGRITY OF GRAND JURY INVESTIGATIONS" ATTACHMENT 3 – FOLLOW UP ELECTRONIC COMMUNICATION WITH STAFF From: Tuteur, John Sent: Monday, January 07, 2013 11:57 AM To: - Assessor; - Recorder; - Elections Cc: 'Vic Connell'; Tran, Minh; Lieberstein, Gary A. Subject: 2012-2013 Napa County Grand Jury Review Team, I am recirculating the Grand Jury introduction letter that was sent out as soon as we knew that our divisions would be reviewed as part of the Grand Jury's cyclical reviews. I have also attached the letter that I have sent to every grand jury for the past 26 years confirming my support both as a citizen and as an elected official of the important service they render to our community. As the department head, I strongly endorse the following statements made in the Grand Jury's introduction letter. My intent in circulating the letter on September 21 was to inform all staff members that cooperation with the Grand Jury is in everyone's best interest. Staff input is an essential part of the Grand Jury's review and your staff should feel 1) completely comfortable in speaking openly and honestly with us. Therefore, on behalf of the Grand Jury, I request your cooperation in this process by informing your staff that they should provide Jurors with requested information, either written or verbal, as the situation dictates. As with all Grand Juries, the participation, and comments made by any citizen or 2) agency employee during a Grand Jury review are confidential. There should, of course, be no admonishment of, or interference with, or inference drawn from an individual's appearance before the Grand Jury, nor should the individual be interrogated about or reprimanded for such appearance or because of any findings reported by the Grand Jury. Because some of you were not here in 1997 when the last Grand Jury comprehensive review of the then Assessor-only department took place, I have attached a copy of the 1997 report. The department is required to submit a response to the report if there are recommendations which require one. I want to thank each of you who meet with the Grand Jury for being open and honest during the interview so that the report will cover any issues that need to be addressed. John Tuteur Assessor-Recorder-County Clerk-Registrar of Voters RESPONSE OF JOHN TUTEUR ASSESSOR RECORDER COUNTY CLERK TO NAPA COUNTY 2012-2013 GRAND JURY FINAL REPORT "ON THE INTEGRITY OF GRAND JURY INVESTIGATIONS" ATTACHMENT 4 – 2012-2013 LETTER TO NEWLY-IMPANELED GRAND JURY Assessor-Recorder-County Clerk Assessor Division 1127 First Street, Suite 128 Napa, CA 94559-2931 (707) 253-4459 Fax: (707) 299-4440 JOHN TUTEUR A Tradition of Stewardship ASSESSOR-RECORDER-COUNTY CLERK A Commitment to Service August 1, 2012 DAVID B. GILBRETH, FOREPERSON NAPA COUNTY GRAND JURY P.O. BOX 5397 NAPA, CA 94581-0397 Dear Foreperson Gilbreth: My congratulations to you for your willingness to serve again as the Foreperson and to the other members of the Grand Jury on their selection as 2012-2013 Grand Jurors. As an elected official with 40 plus years of experience with Napa County, I appreciate the role that the Grand Jury plays in reviewing the operations of the agencies in the county. I, and the members of the staff of our three divisions, Assessor, Recorder-County Clerk, and Elections, are available at any time if you or individual Grand Jurors have any questions about our operations. I have enclosed multiple copies of a brochure which covers the basic operations of the Assessor Division. I would respectfully ask that you distribute a copy of this letter with each brochure to the members. There are other articles that I have written on a variety of topics on the assessor home page of the Napa County Website which can be accessed on the left menu of that page at this address: http://www.countyofnapa.org/Assessor/ - ____ Please call me at <math>707.253.4459</math> (direct line) or e-mail me at <math>\underline{john.tuteur@countyofnapa.org}</math> if you or any member of the Grand Jury wishes further information on any topic. Sincerely, JOHN TUTEUR ASSESSOR-RECORDER-COUNTY CLERK .
F2:
The conduct of the witnesses in repeatedly violating the Grand Jury's lawful secrecy admonition created an atmosphere of apprehension and intimidation which impeded the proper investigation of the Grand Jury. RESPONSE: I agree that a violation of the Grand Jury's secrecy admonition would impede the Grand Jury's important investigative function.
F3:
The conduct of the witnesses who violate the secrecy admonition is punishable as contempt of the Superior Court. RESPONSE: As a layperson, I do not have adequate legal background to agree or disagree with this finding. As a matter of principle, I agree that any person who violates the secrecy admonition of the Grand Jury should suffer appropriate consequences.
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Findings & Recommendations
3 findings
F1:
Certain witnesses interviewed by the Grand Jury, knowingly, repeatedly and willfully, violated their lawful secrecy admonition.
Related Recommendations (1)
R1:
That the County Board of Supervisors, the City Council of each incorporated jurisdiction, the County Counsel and every publicly elected official not under the authority of the foregoing provide instruction to all county employees within their jurisdiction regarding their duties and responsibilities towards the grand jury process and that said instruction be completed prior to the end to this calendar year. 7
F2:
The conduct of the witnesses in repeatedly violating the Grand Jury’s lawful secrecy admonition created an atmosphere of apprehension and intimidation which impeded the proper investigation of the Grand Jury.
F3:
The conduct of the witnesses who violate the secrecy admonition is punishable as contempt of the Superior Court.
Additional Recommendations
1
Not linked to specific findings.
R7:
Request for Responses 8 2 NAPA COUNTY GRAND JURY P.O. BOX 5397 NAPA, CALIFORNIA 94581 A Tradition of Stewardship A Commitment to Service April 25, 2013 The Honorable Mark S. Boessenecker Supervising Judge Superior Court of the State of California County of Napa 825 Brown Street Napa, California 94559 Re: 2012-2013 Grand Jury Final Report: On the Integrity of Grand Jury Investigations Dear Judge Boessenecker, Pursuant of Section 933 (a) of the California Penal Code, the 2012-2013 Napa County Grand Jury submits its final report: On the Integrity of Grand Jury Investigations. Our investigation of this subject was conducted in a manner consistent with the California Penal Code, this Court's Charge, and the historic role of the Grand Jury, to pursue the interests of the residents of Napa County. This is first in a series of final reports we will be issuing during our term. I would like to acknowledge the dedication of the Grand Jurors, which our report reflects. Respectfully submitted, Victor J. Connell Foreperson NAPA COUNTY GRAND JURY P.O. BOX 5397 NAPA, CALIFORNIA 94581 April 25, 2013 To the Residents of Napa County: Our first Grand Jury Final Report deals with the integrity of the Napa County Grand Jury process. During the course of executing our statutory responsibilities, the 2012-2013 Napa County Grand Jury conducted extensive inquiries and investigations into the operations of certain agencies and departments within the Cities and County of Napa. By law, these investigations are confidential and will remain so either until the Grand Jury issues a Final Report or the Superior Court releases those concerned from the bounds of confidentiality. While performing its responsibilities the Grand Jury became aware that certain witnesses appearing before it had violated the secrecy admonition applicable to its proceedings. This conduct created an atmosphere within the concerned departments which caused other witnesses to feel pressure, apprehension and intimidation, resulting in their being less than forthcoming in subsequent testimony. The witnesses’ violation of the admonition of confidentiality created an atmosphere which impeded the work of the Grand Jury. The Napa County Office of County Counsel has reviewed this final report. The Napa County Superior Court Presiding Judge, pursuant to California Penal Code Section 933(a), has found that this report complies with California Penal code Part 2 Title 4. This report has been accepted and filed as a public document by the County Clerk. Copies of this report are available for review in the Napa City-County Library and online at www.napa.courts.ca.gov (follow the link to the Grand Jury). We hope you find this report informative. It is an honor and privilege to serve you during our 2012-2013 Grand Jury term. Respectfully submitted, The ON THE INTEGRITY OF GRAND JURY INVESTIGATIONS
* This report's PDF did not contain easily extractable text and required Optical Character Recognition (OCR) for analysis. There may be minor errors in the extracted findings and recommendations due to OCR limitations with scanned documents.