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Recommendations 1

• R2

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  Continue to investigate and pursue ways of maximizing shared staff space while maintaining professional best practice. The following governing boards are required to respond pursuant to Penal Code sections §933 and §933.05: Board of Supervisors: FI, F2, RI, R2 The following elected county official is required to respond with 60 days: County Sheriff: FI, F2, RI, R2 Per Penal Code §933.0S(a)( I) and (2), responses must include acceptance, refutal, and/or clarification of the findings, and a commitment to implementing the recommendations, as appropriate, per Penal Code §933.5(b)(l)(2)(3) and (4). Reports issued by the Grand Jury do not identify individuals interviewed. Penal Code section 929 requires that reports of the Grand Jury not contain the name of any person or facts leading to the identity of any person who provides information to the Grand Jury. Accessibility of Citizen Complaint Forms: Continuation of Civil Grand Jury Initiative During the 2023-2024 term, the MCCGJ continued the initiative from the 2022-2023 MCCGJ to improve access to Civil Grand Jury complaint forms. The previous Civil Grand Jury made hard copy complaint forms available at the Mariposa County Library, since complaint forms were only available on line. This way, anyone, regardless of internet access, is able to obtain a complaint form and provide their input to the MCCGJ. To take this initiative a step further, the MCCGJ made hard copy complaint forms available at the Coulterville library, known as Red Cloud Library/Greeley Hill Branch in northern Mariposa County. Misunderstandings of a Civil Grand Jury Throughout its term, the 2023-2024 MCCGJ found that there seemed to be a widespread misunderstanding regarding the jurisdiction of a Civil Grand Jury and its powers. Some of this discussion is included in the Introduction section above and the Continuity Report below, however the MCCGJ thought it would be pertinent to attempt to demystify opinions around a Civil Grand Jury and its purpose. During the 2023-2024 term, MCCGJ received multiple complaints that were not under the jurisdiction of a Civil Grand Jury. The MCCGJ was met with a general reticence, if not fear, of the implications of being interviewed or questioned by a Civil Grand Jury. Per California Penal Code Section 888, Civil Grand Juries do not have jurisdiction over criminal matters, like extortion or embezzlement. Separate Criminal Grand Juries are formed for these situations. Civil Grand Juries are empaneled to evaluate the local government procedures, methods, and systems for efficiency as a "watchdog" of the community. Furthermore, case law, specifically the Board of Trustees ofC alaveras Unified School District v. Leach, restricts the Civil Grand Jury from investigating or commenting on the wisdom or merit of policy decisions. MCCGJ's sole responsibility is to investigate the efficiency of current County process and procedures, such as how a building permit is processed or the procedure for training a staff member. Therefore, any criminal concerns that are uncovered during the course of an investigation or inquiry are forwarded to the District Attorney for further examination. Issues Ii ke staff misbehavior, code violations, or neighborly quarrels, are not under the jurisdiction of a Civil Grand Jury. The singular exemption is Penal Code Section 919(c) that mandates the grandjury to inquire into the willful or corrupt misconduct of any public officer or elected position. This accusation function of a Civil Grand Jury is further restricted by Government Code Section 3060 to 3075. Per Penal Code Section 924.1, specific information discovered by the Civil Grand Jury, and not included in a report or validated, remains confidential for life. All Civil Grand Jury proceedings are conducted in secrecy to retain the integrity of the information that a Civil Grand Jury may uncover and protect interviewees. The report cannot name individuals or include "raw evidence." Therefore, if an individual chooses to offer potentially controversial information to the Civil Grand Jury, the individual should not experience backlash or repercussions. The report will not provide enough detail to identify the individual nor particular actions. Although a Civil Grand Jury is entitled receive the information that it requests, the unwillingness to offer information based on the potential for negative consequences is misguided. It is never the intent of a Civil Grand Jury to disparage the hardworking staff in our County that are committed to public service. The objective is to provide clarity on some of the systemic process and procedure issues that prevent the effective delivery of County services and improve the public's trust in County government. County staff is likely already aware of the issues raised in this report. In fact, there may already be solutions underway. By law, the intent of the report is to summarize the Civil Grand Jury's verified facts and findings discovered throughout the term of service; and present this information to the public as a third-party observer or "watchdog" of the community. Continuity Report This Continuity or Compliance Report is not intended to pass any judgement on the Board of Supervisors for their responses to the 2022-2023 Mariposa County Civil Grand Jury final report. The Civil Grand Jury would like to take the opportunity to express gratitude to the Board of Supervisors (BOS), their staff, and the Sheriffs Office (SO). While it is unfair to characterize the responses from the Board of Supervisors as anything but an honest effort to apply the correct Penal Code response (Section 933.05 (a)(b)) to all the findings and recommendations, more action is needed to comply with the Penal Code for all future responses to Civil Grand Jury reports. This will ensure that the Civil Grand Jury can continue to complete its job of recommending improvements to County Policies and Procedures with integrity and accuracy.