Placer County

Recommendations 6

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  Public Agency: The governing body of any public agency must respond within ninety (90) days. The response must be addressed to the Presiding Judge of the Superior Court.
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  Elective Office or Agency Head: All elected officers or heads of agencies who are required to respond must do so within sixty (60) days, to the Presiding Judge of the Superior Court, with an information copy provided to the Board of Supervisors. Respondents must provide two originals of their responses, one to the Presiding Judge of the Placer County Superior Court and one to the Placer County Grand Jury at the addresses listed below. When responding to more than one report, respondents must respond to each report separately.  The Honorable Alan V. Pineschi  Placer County Grand Jury Presiding Judge of the Superior Court 11490 C Avenue County of Placer Auburn, CA 95603 P.O. Box 619072 Roseville, CA 95661 xi Placer County 2008– 2009 Grand Jury www.PlacerGrandJury.org CALIFORNIA PENAL CODE SECTION 933.05 a) For purposes of subdivision (b) of Section 933, as to each Grand Jury finding, the responding person or entity shall indicate one of the following: i. The Respondent agrees with the finding. ii. The Respondent disagrees wholly or partially with the finding, in which case the response shall specify the portion of the finding that is disputed and shall include an explanation of the reasons therefore. b) For purposes of subdivision (b) of Section 933, as to each Grand Jury finding, the responding person or entity shall indicate one of the following actions: i. The recommendation has been implemented, with a summary regarding the implemented action. ii. The recommendation has not yet been implemented, but will be implemented in the future, with a time frame for implementations. iii. The recommendation requires further analysis, with an explanation and the scope and parameters of an analysis or study, and a time frame for the matter to be prepared for discussion by the officer or head of the agency or department being investigated or reviewed, including the governing body of the public agency when applicable. This time frame shall not exceed six months from the date of publication of the Grand Jury report. iv. The recommendation will not be implemented because it is not warranted or is not reasonable, with an explanation therefore. c) However, if a finding or recommendation of the Grand Jury addresses budgetary or personnel matters of a County agency or department headed by an elected officer, both the agency or department head and the Board of Supervisors shall respond if requested by the Grand Jury, but the response of the Board of Supervisors shall address only those budgetary or personnel matters over which it has some decision-making authority. The response of the elected agency or department head shall address all aspects of the findings or recommendations affecting his or her agency or department. xii Final Report 2008–2009 Grand Jury d) A Grand Jury may request a subject person or entity to come before the Grand Jury for the purpose of reading and discussing the findings of the Grand Jury report that relates to that person or entity in order to verify the accuracy of the findings prior to their release. e) During an investigation, the Grand Jury shall meet with the subject of that investigation regarding that investigation, unless the court, either on its own determination or upon request of the foreperson of the Grand Jury, determines that such a meeting would be detrimental. A Grand Jury shall provide to the affected agency a copy of the portion of the Grand Jury report relating to that person or entity two (2) working days prior to its public release and after the approval of the Presiding Judge. No officer, agency, department, or governing body of a public agency shall disclose any contents of the report prior to the public release of the Final Report. California Penal Code Section 933.05 xiii Placer County 2008–2009 Grand Jury www.PlacerGrandJury.org HISTORY AND FUNCTIONS OF THE GRAND JURY HISTORY Juries stem from the eleventh century. In 1215, the concept of a jury had become a pledge expressed in the Magna Carta, that no free man would be “imprisoned or dispossessed or exiled or in any way destroyed . . . except by the lawful judgment of his peers . . .” In 1635, the Massachusetts Bay Colony impaneled the first grand jury to consider cases of murder, robbery and wife-beating. The U.S. Constitution’s Fifth Amendment and the California Constitution call for grand juries. Grand Juries were established throughout California during the early years of statehood. As constituted today, criminal and civil grand juries are a part of the judicial branch of government, arms of the court system. The criminal grand jury may conduct hearings to determine whether there is sufficient evidence to bring an indictment charging a person with a criminal offense. However, the district attorney usually empanels a separate jury drawn from the petit (regular trial) jury pool to bring criminal indictments. Civil and criminal grand juries have the power to subpoena. FUNCTIONS The grand jury is an investigatory body created for the protection of society and the enforcement of the law. The grand jury in California is unusual because its duty includes investigation of county government as provided by statutes passed in 1880.Only a few other states require grand jury investigation beyond alleged misconduct of public officials. Although the jury responsibilities are many and diverse, the three predominant functions include:  Civil Watchdog Responsibilities - This is the major function of present day California grand jurors and considerable effort is devoted to these responsibilities. The xiv Final Report 2008–2009 Grand Jury grand jury may examine all aspects of county and city government and special districts to ensure they are serving the best interests of Placer County residents. The grand jury reviews and evaluates procedures, methods and systems used by county government for efficiency and economy. The grand jury is also authorized to:  Inspect and audit books, records and financial expenditures to ensure that public funds are properly accounted for and legally spent.  Inspect financial records of special districts in Placer County.  Inquire into the conditions of jails and detention centers.  Inquire into charges of willful misconduct in office by public officials or government, district or agency employees. Most grand jury “watchdog” findings are contained in reports describing problems they discover and their subsequent recommendations for solutions. To accomplish the county watchdog functions, the grand jury normally establishes several committees. During its term, the grand jury issues final reports on government operations in Placer County. After a final report is published, the official or governing body of an agency or government covered in the report must respond to the grand jury within a given period of time, as prescribed by California law. Officials must respond ; governments or agencies must respond The following year’s grand jury publishes the responses to the final report.  Citizen Complaints - As part of the civil function, the grand jury receives complaints from residents alleging official mistreatment, suspicious conduct, or governmental inefficiencies. The grand jury investigates reports from residents for their validity. All such requests are kept confidential until a final report is published. In fact, the complainant is not told whether or not the grand jury will investigate a complaint until the report is issued.  Criminal Investigations – Upon occasion, the district attorney asks the grand jury to hold hearings to determine whether evidence presented by the district attorney is sufficient to indict an individual, who would then stand trial in court. A minimum of 12 grand jurors must vote for an indictment in any criminal proceeding. History and Functions of the Grand Jury xv Final Report 2008–2009 Grand Jury QUALIFICATIONS Prospective grand jurors must possess the following qualifications (Penal Code Section 893):  Be at least 18 years old.  Be a resident of California and Placer County for at least one year immediately prior to selection.  Be in possession of his or her natural facilities, of ordinary intelligence, of sound judgment and fair character.  Possess sufficient knowledge of the English language to communicate both orally and in writing. A person is NOT competent to act as a grand juror if any of the following apply:  The person is serving as a trial juror in any California court.  The person has been discharged as a grand juror in any California court within one year of the beginning date of service, July 1.  The person has been convicted of malfeasance in office or any felony or other high crime.  The person is serving as an elected public official. Desirable qualifications for a grand juror include the following:  Be in good health.  Be open-minded with concern for the views of others.  Have the ability to work with others.  Have genuine interest in community affairs.  Have investigative skills and an ability to write reports.  Have modest computer and Internet communication skills. SELECTION In the spring of each year the presiding Judge selects residents at random from the list of applicants. Applicants should expect that a criminal records check will be conducted. Applications are reviewed and an interview is scheduled with the presiding Judge, the foreperson of the outgoing grand jury, and perhaps the presiding Judge’s assistant. After the interview process, prospective applicants are requested to appear for the final selection, held in a Placer County Superior Court courtroom. At this time, with outgoing grand jurors in attendance, 19 names are drawn randomly by the court clerk. Another History and Functions of the Grand Jury xvi Final Report 2008–2009 Grand Jury 12 names are drawn and ranked to form a list of alternate jurors. The new 19 grand jury members are sworn in and given a description of their duties and responsibilities by the Presiding Superior Court Judge. The jurors begin a one- year term on July 1. COMMITMENT Persons selected for grand jury service can expect to serve 25 to 30 hours per month for a period of one year, July 1 through June 30. REMUNERATION Grand jurors receive a nominal payment for meetings they attend, and they are reimbursed for mileage to attend meetings, training, and possibly other minor expenses. ORIENTATION New jurors are encouraged to attend an orientation program about grand jury functions, and on county, city and special district governments. WHY BECOME A GRAND JUROR? Those who volunteer and are accepted for grand jury service should feel privileged to be selected. They enter this service with interest and curiosity to learn more about the administration and operation of Placer County government. Serving as a grand juror requires many hours and serious effort, and reflects a generous commitment to public service. REPORTS OF THE GRAND JURY The Placer County Courts maintains web pages for the Grand Jury on the Placer Courts website. Past and present final reports, and responses to those final reports, may be found on the Placer County Superior Court website: http://www.PlacerGrandJury.org History and Functions of the Grand Jury xvii HOW TO APPLY FOR OR CONTACT THE GRAND JURY Placer County residents are encouraged to volunteer for Grand Jury service. This may be done by visiting the Grand Jury website listed below and filling out the Application for Service. Residents of Placer County are encouraged to write or contact the Placer County Grand Jury in one of the following ways:  C Avenue Auburn, CA 95603  Grand Jury website: http://www.PlacerGrandJury.org  Grand Jury e-mail address: grandjury@placer.ca.gov  Telephone: 530-886-5200 Fax number: 530-886-5201 xviii REQUEST FOR GRAND JURY ACTION FORM INSTRUCTIONS I. Submit a Grand Jury Citizen Complaint Form only after you have tried all other options to correct a problem or concern and they have proved unsuccessful. II. Instructions for preparing the Citizen Complaint Form: a. The complaint is against: 1) Include the name of the individual(s) or organization(s) the complaint is against. 2) Check for correct spellings of names and organizations. 3) If the complaint is against an individual within an organization, include the individual’s title or position on the organization. 4) Provide the individual’s or organization’s physical address (not a P.O.Box), city and zip code. 5) Provide the telephone number of the individual(s) or organization(s) cited, including the area code. b. My complaint against the above-named person or agency is: 1) Describe the problem in your own words. Be as concise as possible. Provide dates, times, and names of individuals involved. 2) Cite specific instances rather than broad generalizations. 3) Attach any available photographs, correspondence or documentation that supports your complaint. 4) If more room is required, attach extra sheets and include their number on the last line of the first sheet, e.g., “three (3) additional sheets are attached.” c. Complainant: 1) Include your name, street address, city, zip code, telephone number and area code. 2) Your name will be held in strictest confidence. All grand jury documents are secret and cannot be subpoenaed in court or revealed to the public. Mail this complaint form to the address shown on the front. xix Final Report 2008–2009 Grand Jury Please sign your complaint. You may file an anonymous complaint if you wish; however, the grand jury is less likely to investigate anonymous complaints because they will not be able to contact you for clarification and follow-up. The jury is also less likely to get to the truth of the matter if it does choose to investigate. III. The grand jury will respond to your complaint and acknowledge its receipt. The grand jury may contact you directly during its inquiries. Request for Grand Jury Action Form Instructions xx REQUEST FOR GRAND JURY ACTION Placer County Grand Jury DeWitt Center 11490 C Avenue, Auburn, CA 95603 Notice: This form and any supplemental material will be treated confidentially. The Grand Jury is prohibited by law from disclosing any aspect of an inquiry prior to issuing a final report. For various reasons the Grand Jury cannot investigate all requests for action, therefore you may wish to pursue other avenues. Your Name Your Mailing Address City Zip Code Home Telephone Work Telephone PERSON / AGENCY YOU ARE REPORTING Name Address City Zip Code Telephone Please use space on back of form for a brief narrative of key events. Attach any correspondence or documents about the subject. LIST OTHER OFFICIALS / AGENCIES YOU HAVE CONTACTED ABOUT THIS SUBJECT Official / Agency Address Approximate date of contact PAST OR PENDING LAWSUITS Explain what you know of past or pending lawsuits related to this matter Your Signature: Date: Please mail completed form to the Placer County Grand Jury Foreperson at the above address. For Official Use Only. Do not write in the space below. Number: Date Received: Date Considered: Disposition: xxi REQUEST FOR GRAND JURY ACTION, CONTINUED NARRATIVE OF KEY EVENTS (Please include dates and names of persons / agencies involved) xxii 1 Program Assessment Blue Bag Recycling Placer County 2008–2009 Grand Jury www.PlacerGrandJury.org BLUE BAG RECYCLING PROGRAM ASSESSMENT Photo by Win Gredvig Final Report 2008–2009 Grand Jury BLUE BAG RECYCLING PROGRAM ASSESSMENT Summary Four jurisdictions in Placer County utilize a voluntary Blue Bag Recycling Program. These are the cities of Auburn and Lincoln, the Town of Loomis, and unincorporated areas of Placer County. Residents and businesses place clean and dry recyclables in blue bags that are commingled with regular trash and transported to the Western Placer Waste Management Authority’s Materials Recovery Facility for processing at a later date. The 2008–2009 Grand Jury agrees with last year’s Jury in its recommendation that all Blue Bag Programs be eliminated. Because of the responses received from the cities of Lincoln and Auburn, this Grand Jury reinvestigated the program and determined the residents’ time, effort and expense were of marginal value to any of the jurisdictions’ recycling programs while additional costs were incurred in processing intact bags.
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  If the complaint is against an individual within an organization, include the individual’s title or position on the organization.
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  Provide the individual’s or organization’s physical address (not a P.O.Box), city and zip code.
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  Provide the telephone number of the individual(s) or organization(s) cited, including the area code. b. My complaint against the above-named person or agency is:
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  The County Treasurer should establish an annual program to communicate with County school districts to remind them about the potential benefits and costs of refinancing GO bonds depending on market conditions. The communication should include a request that the districts voluntarily review with the Treasurer’s office in advance the plans for any new issues and refinancing being considered. Request for Responses  Mark Geyer, Superintendent / #’s 2, 3 and 4 - Due by October 1, 2009 Dry Creek Joint Elementary School District 9707 Cook Riolo Road Roseville, CA 95747  Tim McCarty, Superintendent / #’s 2, 3 and 4 - Due by October 1, 2009 Eureka Union School District 5455 Eureka Road Granite Bay, CA 95746  Paul Johnson, Superintendent / #’s 2, 3 and 4 - Due by October 1, 2009 Loomis Union School District 3290 Humphrey Road Loomis, CA 95650  Kathleen Daugherty, Superintendent / #’s 2, 3 and 4 - Due by October 1, 2009 Newcastle Elementary School District 8951 Valley View Drive Newcastle, CA 95658  Bart O’Brien, Superintendent / #’s 2, 3, 4 and 5 - Due by October 1, 2009 Placer Union High School District P.O. Box 5048 Auburn, CA 95604-5048 Refinancing School District Bonds 69 Final Report 2008–2009 Grand Jury  Kevin Brown, Superintendent / #’s 2, 3 and 4 - Due by October 1, 2009 Rocklin Unified School District 2615 Sierra Meadows Drive Rocklin, CA 95677  Richard L. Pierucci, Superintendent / #’s 2, 3 and 4 - Due by October 1, 2009 Roseville City School District 1050 Main Street Roseville, CA 95678  Tony Monetti, Superintendent / #’s 2, 3 and 4 - Due by October 1, 2009 Roseville Joint Union High School District 1750 Cirby Way Roseville, CA 95661  Dr. Leo E. Chavez, / #’s 2, 3 and 4 - Due by October 1, 2009 Superintendent/President Sierra Joint Community College District 5000 Rocklin Road Rocklin, CA 95677  Stephen Jennings, Superintendent /#’s 2, 3, 4 and 5 - Due by October 1, 2009 Tahoe Truckee Joint Unified School District 11839 Donner Pass Road Truckee, CA 96161  Scott Leaman, Superintendent / #’s 2, 3, 4 and 5 - Due by October 1, 2009 Western Placer Unified School District 600 Sixth Street, Fourth Floor Lincoln, CA 95648  Jenine Windeshausen, / #’s 5 and 6 - Due by September 1, 2009 Treasurer-Tax Collector County of Placer 2976 Richardson Drive Auburn, CA 95603