Santa Clara County Grand Jury • 2023-2024 • Agency Response
Response to: Continuity Report

Endorsed) Gilroy, California*

Published: December 22, 2022 3 pages
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Findings and Recommendations 1 findings

F1 Page 1
The Civil Grand Jury finds that in the current environment, which is unregulated at the local level, it is easy for the author of a ballot measure question to write the question in a way that is confusing or misleading to voters. City of Gilroy Response to Finding 1: The City of Gilroy disagrees with the finding that the writing of ballot measures at the local level is unregulated. All ballot measure questions are reviewed and approved by the Gilroy City Council and subject to State Law. In addition, there is a judicial remedy available by State Law. The main concern raised by the SCCCGJ report focuses on Measure A submitted by Valley Water. The City of Gilroy, therefore, disagrees that additional restrictions and oversight of the City of Gilroy by the County of Santa Clara are necessary and does not support the removal of local control.
Related Recommendations (4)
R1b
Page 2
Governing entities within Santa Clara County should voluntarily submit their ballot questions to the County Counsel for review prior to submission to the Registrar of Voters, unless and until
R1c
Page 2
Governing entities within Santa Clara County should, by March 31, 2023, adopt their own resolution or ordinance to require submission of their ballot questions to the County Counsel for review prior to submission to the Registrar of Voters, unless and until Recommendations 1d and 1e are implemented. City of Gilroy Response to Recommendation 1c: The City of Gilroy finds this recommendation unwarranted, and it will not be implemented by the City. The City of Gilroy does not often have local measures on the ballot, and has not encountered the type of problem discussed in the report. The Gilroy City Attorney will continue to provide the services identified and the City will not be shifting those responsibilities to County Counsel.
R1d
Page 2
is implemented. City of Gilroy Response to Recommendation 1b: The City of Gilroy finds this recommendation unwarranted, and it will not be implemented by the City. The City of Gilroy will retain local control of ballot measure questions and will not hand over that responsibility to County Counsel. The Gilroy City Council will continue to review and approve ballot measure language, as the Gilroy City Council is the body elected by, and responsible to, the residents of the City of Gilroy. In addition, the City of Gilroy has a qualified City Attorney to provide the review as is being proposed in Recommendation 1b.
R1e
Page 2
Governing entities within Santa Clara County should submit their ballot questions for review by the Good Governance in Ballots Commission pursuant to Recommendation 1d. City of Gilroy Response to Recommendation 1e: The City of Gilroy finds this recommendation unwarranted, and it will not be implemented by the City. The County of Santa Clara does not have the authority to regulate another agency and, as a Charter City, Gilroy will retain local control. 1 . . . Passing legislation that would enable the County of Santa Clara to have an express grant of power over local agencies would be a dangerous precedent and would take away local Gilroy control and grant control to the County of Santa Clara. The elected officials of Gilroy take the ballot measure process very seriously and will continue to satisfy their responsibilities to the residents of Gilroy to ensure a thorough review and approval of any ballot measure questions. The City Council has carefully reviewed and considered the concerns raised in the report. The Gilroy City Council supports clear, accurate, and non-biased ballot measure questions and is mindful of the issues raised. We thank the Civil Grand Jury for their interest in this important issue. Sincerely, Marie Blankley Marie Blankley Mayor City of Gilroy Gilroy City Council Members CC: Gilroy City Administrator Gilroy City Attorney Gilroy Assistant City Administrator

No Responses Found 1

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Gilroy City

* 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.