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Extracted from Consolidated Report
This investigation was originally published as part of a larger consolidated report containing multiple investigations. View the consolidated PDF for the complete document.
Imperial County Grand Jury
• 2006-2007
Communications With the Grand Jury
⚠️ Translation Notice: This content has been automatically translated. The original English text is the official version. Translation may contain errors.
⚠️ Este contenido ha sido traducido automáticamente. El texto original en inglés es la versión oficial. La traducción puede contener errores.
Findings 6 findings
F1
Page 79
Each committee member gives reasons for the investigation. Members can pass, but all should participate. Keep going until ideas run out (about ten minutes). No comments about the validity of correctness of ideas is allowed during this section. The idea is to play off one another’s ideas and get as many reasons as possible in a short period of time.
F2
Page 72
Problems encountered or anticipated.
F3
Page 72
Significant findings.
F4
Page 72
Need for additional assistance.
F5
Page 72
Fieldwork since last report.
F6
Interview and meetings to be held. The purposes served by periodic committee progress reports are four-fold: • They ensure investigations get off to a timely start. • They force the committee to codify its work. • They provide a forum for the remaining jurors to review the committee’s work or suggest avenues of investigation the committee may have overlooked. • They minimize the chance for duplication of effort between committees. • Except in special circumstances, these reports should take no more than five minutes (i.e., about an hour and a half per meeting for all committee reports). • In the event that progress is being made in a timely manner and no significant items have been uncovered by the committee since the last report, these reports can be made on a “by exception” basis (i.e., “only the following exceptions to the last report”). Oral Final Reports Because of the nature of the oral reports in the Grand Jury cycle, it should be expected that there will be areas of the investigation that are not yet complete and require further work. Additionally (and a unique aspect of oral reports) is the need to address the underlying documentation for each of the committee’s findings. Nothing can so easily undermine the work of the whole Grand Jury as a February 2006 59 IMPERIAL COUNTY GRAND JURY PROCEDURES MANUAL report in which undocumented and incorrect findings are presented. Grand Jury members should be punctilious about questioning the basis for each finding laid before the jury. During presentation of oral reports, members of the Grand Jury should refrain from making comments about the committee’s report until after delivery of the report is complete. At that time, questions should be elicited from each member of the jury concerning completeness and accuracy of the report. In responding to these questions, the committee chairperson should take the opportunity to call upon the other committee members (depending on their area of expertise) to answer the question. HELPFUL HINT TO FOREPERSON During this and other Grand Jury sessions, ensure that discussions of committee oral and draft report, or indeed any Grand Jury discussions, remain focused on the subject at hand. Diversions are insidious and basically waste time. Following presentation of the final oral report, there is no need (and indeed a good reason not) to vote on individual findings until they are reduced to writing by the committee. This ensures absolute accuracy as to the actual finding and recommendation accepted by the jury. Written Draft Reports When the oral reports are deemed satisfactory by the Grand Jury, the committee should be directed to complete the remaining areas of its investigation and proceed with preparing a draft final written report. However, in completing the investigation, the committee must remain sensitive to the need for keeping the whole Grand Jury informed of any unique or significant developments, especially as they relate to findings and recommendations. Once the committee’s investigation is substantially complete (usually in late January or early February, in order to meet a June 30th final report publication date), the committee should make a written draft report for Grand Jury review and comment at the next Grand Jury meeting. This report should take the form of the Final Report, i.e.:
Recommendations 11
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R1Page 53Each committee member gives reasons for the investigation. Members can pass, but all should participate. Keep going until ideas run out (about ten minutes). No comments about the validity of correctness of ideas is allowed during this section. The idea is to play off one another’s ideas and get as many reasons as possible in a short period of time.
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R2Page 53The committee discusses each reason and either keeps it, modifies it, combines it with another idea, or throws it out. What is left is what will go into the report.
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R3Page 53Use the same process for BACKGROUND, PROCEDURE,
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R4Page 99Officers’ Reports. Often limited to a report from treasurer, but others may report at this time.
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R5Page 99Committee Reports. First come reports from “standing” or permanent committees; then from “ad hoc,” or special committees.
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R6Page 45Response Required February 2006 60 IMPERIAL COUNTY GRAND JURY PROCEDURES MANUAL SECTION IX - GRAND JURY REPORTS OVERVIEW Significance of Grand Jury Report California Penal Code Sections 933(a) and (b) require that, by June 30th, the Grand Jury submit a report to the presiding judge of the superior court no later than the end of the Grand Jury term. Section 933(a) pertains to reports about the county government organization and operation. Section 933(b) pertains to reports on fiscal matters of the county. Although by law the Grand Jury must work in secret, it may announce its agenda to public and agency officials. However, jury deliberations and recommendations must not be divulged except in a Grand Jury report. When a Report should be Issued The Grand Jury does not have to wait, and in specific cases should not wait until the end of its term to issue a report. If there is something of immediate importance and concern, then the Grand Jury should issue an interim report. Interim reports are the exception rather than the rule. The Grand Jury’s work is published in the final report. Interim reports hold no legal obligation for response and should, therefore, be incorporated in the final report. HELPFUL HINT TO FOREPERSON There are good reasons to issue an interim report. For one thing, it proofs and validates the process that will be used later for the final report. For another, it keeps the jury in the public eye. An interim report also gives a sense of accomplishment. Better yet, it might actually get something corrected in a timely manner. Report Audience The final report should be prepared for a wide and general readership. Few citizens are cognizant of the details of county government affairs. A detailed background is worthwhile. Avoid long, wordy, complicated reports. Simple words, short direct sentences, clear antecedents, and a minimum of jargon are attributes of a good report. Report Approach People will evaluate the Grand Jury by its final report. The report provides a written review of the agency and lists those items, which required correction. After a report is issued, there will inevitably be criticism and attacks on it. There is no prudent, safe way to defend or interpret a Grand February 2006 61 IMPERIAL COUNTY GRAND JURY PROCEDURES MANUAL Jury final report, except to make the report complete, unbiased and accurate. Members of the Grand Jury are at risk when they attempt to amplify, explain or defend what was meant in a final report and, therefore, should refrain from doing so. The danger arises that some of the secret deliberations, evidence, or testimony of the Grand Jury will be revealed in an attempt to make the report clearer. The Grand Jurors must remain sensitive to the requirements of Sections 924.2 and 924.3 of the Penal Code. HELPFUL HINT TO FOREPERSON The words of Lord Acton provide useful guidance for the Grand Juror: “Never explain, never apologize.” Let the Grand Jury report make the statement. Make sure the statement is complete. REPORT ATTITUDE Every investigative report should be objective, truthful, free from bias, and direct. The following concepts should be observed: Dispassionate The tone of the Grand Jury report should be calm and rational. It must present facts and recommendations in a sensible and restrained form. Absence of emotion and emotion-packed words (“colored adjectives”) will help underline that the Grand Jury has presented a report based on fact. Clear Avoid being indirect or complicated. Do not use several words where one will do. Simple declarations are more effective than sly innuendoes. The report text should use as few words as possible. Use the simplest words that express the Grand Jury’s intent. Do not be redundant. Avoid repetition. Substantive A Grand Jury report should be precise. Everything in a Grand Jury report must support the conclusions and recommendations. Do not include any extraneous material, no matter how fascinating. If a sentence does not contribute to the final result, then get rid of it. One of the best tests of a report is to find out if every recommendation is a direct result of findings and conclusions. Also make sure that every
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R7Page 99Unfinished Business. Business left over form previous meetings.
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R8Page 99New Business. Introduction of new topics.
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R9Page 99Announcements. Informing the assembly of other subjects and events. February 2006 105 IMPERIAL COUNTY GRAND JURY PROCEDURES MANUAL
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R10Page 99Adjournment. The meeting ends by a vote, or by general constant (or by chair’s decision if time of adjournment was prearranged by vote). QUORUM A quorum is the number of members that must be present for business to be conducted legally. The actual number is usually stated in the bylaws. MOTIONS A motion is a proposal that the assembly take a stand or take action on some issue. Members can: ♦ Present motions (take a proposal) ♦ Second motions (express support for discussion of another member’s motion) ♦ Debate motions (give opinions on the motion) ♦ Vote on motions (make a decision) GENERAL TYPES OF MOTIONS Main Motions introduce subjects to the assembly for its consideration. They cannot be made when another motion is before the assembly. They yield to privileged, subsidiary and incidental motions. Subsidiary Motions change or affect how the main motion is handled. (They are voted on before the main motion.) Privileged Motions are most urgent. They concern special or important matters not related to pending business. Incidental Motions are questions of procedure that arise out of other motions. They must be considered before the other motion. SOME QUESTIONS RELATING TO MOTIONS Do I need a Second? Usually, yes. A second indicates that another member would like to consider your motion. It prevents spending time on a question which interests only one person. February 2006 106 IMPERIAL COUNTY GRAND JURY PROCEDURES MANUAL Is It In Order? Your motion must relate to the business at hand, and be presented at the right time. It must not be obstructive, frivolous or against the bylaws. Is It Debatable? Parliamentary procedure guards the right to free and full debate on most motions. However, some privileged and incidental motions are not debatable. Can’t It Be Amended? Some motions can be altered by striking out, inserting, or both at once. Amendments must relate to the subject as presented in the main motion. Can It Be Reconsidered? Some motions can be debated again and re- voted to give members a chance to change their minds. The move to reconsider must come from the winning side. May I Interrupt The Speaker? Some motions are so important that the speaker may be interrupted to make them. The original speaker regains the floor after the interruption has been attended to. What Vote is Needed? Most require only a majority vote, but motions concerning the rights of the assembly or its members need a 2/3 vote to be adopted. HOW TO PRESENT A MOTION Obtain the Floor.
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R11Page 105What additional suggestions do you have about your department and how the Grand Jury can help improve it? February 2006 143 IMPERIAL COUNTY GRAND JURY PROCEDURES MANUAL THIS PAGE INTENTIONALLY LEFT BLANK February 2006 144 IMPERIAL COUNTY GRAND JURY PROCEDURES MANUAL GRAND JURY FACILITY INSPECTION/REVIEW WORKSHEET GRAND JUROR DATE OF TOUR FACILITY