Score: -10
(1/2/11)
Santa Clara County Grand Jury
• 2023-2024
Continuity Report
Published: June 10, 2024
35 pages
⚠️ 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 and Recommendations 6 findings
F1
Page 1
If You Only Read the Ballot, You're Being Duped
Related Recommendations (1)
R1d
Page 1
1f. The County should take appropriate action to request that the state legislature consider amending current law to require the County Counsel to review and approve local ballot measure questions before they are voted on. CONTINUITY REPORT
F2
Page 1
Unsportsmanlike Conduct: Santa Clara City Council F1 F1
No recommendations for this finding
F3
Page 1
Garbage In, Garbage Out: Santa Clara County Public Contract Data
No recommendations for this finding
F4
Page 1
Show Me the Money: Financial Transparency Needed
No recommendations for this finding
F5
Page 1
A House Divided: Cupertino City Council and City Staff
No recommendations for this finding
F6
Page 1
Conservatorships: A Case for Zealous Advocacy
No recommendations for this finding
Additional Recommendations 1
These recommendations are not explicitly linked to specific findings.
-
R7cPage 1Mayor Gillmor and Councilmember Watanabe – Dissent Response At the December 8, 2022, City Council meeting, the City Attorney stated that Councilmembers could independently submit a dissenting response if there was disagreement with the proposed
Agency Responses 13
Government agencies' official responses to this report's findings and recommendations. Click on a response to see the structured breakdown.
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City of Gilroy
December 22, 2022
•
3 pages
• 2 responses
•
Score: -1
(+0, 0, -1)
View Details ▾
2 responses to findings and recommendations
F1
If You Only Read the Ballot, You're Being Duped
Response: Disagree
Score: -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.
4 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.
Recommendation...
R1d
1f. The County should take appropriate action to request that the state legislature consider amending current law to require the County Counsel to review and approve local ballot measure questions before they are voted on. CONTINUITY REPORT
Response: Unknown
Score: 0
Recommendation 1d is implemented.
▶
City of Los Altos
January 24, 2023
•
2 pages
• 2 responses
•
Score: -2
(+0, 0, -2)
View Details ▾
2 responses to findings and recommendations
F1
If You Only Read the Ballot, You're Being Duped
Response: Disagree
Score: -1
and as indicated by the City to the Grand Jury, City is willing to provide reports in the manner desired by the Grand Jury.
Finding 2:
The City of Los Altos does not produce treasurer's reports in compliance with California Government Code section 41004. The reason for non-compliance was that the City of Los Altos' financial policy does not require the preparation and submission of treasurer's reports. It is an erroneous belief that internal policies excuse compliance with Government Code Section 41004. Response 2: Respondent, City of Los Altos, disagrees with the finding that the City is no...
F2
Unsportsmanlike Conduct: Santa Clara City Council F1 F1
Response: Disagree
Score: -1
The City of Los Altos does not produce treasurer's reports in compliance with California Government Code section 41004. The reason for non-compliance was that the City of Los Altos' financial policy does not require the preparation and submission of treasurer's reports. It is an erroneous belief that internal policies excuse compliance with Government Code Section 41004. Response 2: Respondent, City of Los Altos, disagrees with the finding that the City is not incompliance with Government Code Section 41004. Respondent further disagrees with the finding that the City believes that internal pol...
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City of Los Altos
November 15, 2022
•
2 pages
• 2 responses
•
Score: -1
(+0, 0, -1)
View Details ▾
2 responses to findings and recommendations
F1
If You Only Read the Ballot, You're Being Duped
Response: Disagree
Score: -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. Response 1: Respondent, City of Los Altos, disagrees with the finding that the writing of ballot measures at the local level is unregulated. All ballot measure questions for respondent are approved by the elected City Council of the City of Los Altos and subject to State Law. Respondent notes that the Civil Grand Jury relies heavily on one ballot measure submitted by ...
R1d
1f. The County should take appropriate action to request that the state legislature consider amending current law to require the County Counsel to review and approve local ballot measure questions before they are voted on. CONTINUITY REPORT
Response: Unknown
Score: 0
Recommendation 1d is implemented.
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City of Milpitas
December 14, 2022
•
2 pages
• 1 response
•
Score: 0
(+0, 1, 0)
View Details ▾
1 response to findings and recommendations
F5
A House Divided: Cupertino City Council and City Staff
Response: Disagree Partially
Score: 0
The City of Milpitas partially disagrees with the Civil Grand Jury's finding that the City does not produce monthly treasurer's reports as required by California Government Code section 41004. The City of Milpitas's Finance Director presents information to the City Council, in the form of periodic written reports, which include all of the information required by Government Code section 41004. These reports are the Accounts Payable Claims (disbursement) Report, Overtime Report, City Manager Contract Authorization Report, Fiscal Update Report (including both the General Fund and Enterprise Funds...
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City of Milpitas
October 07, 2022
•
2 pages
• 3 responses
•
Score: -1
(+0, 0, -1)
View Details ▾
3 responses to findings and recommendations
F1
If You Only Read the Ballot, You're Being Duped
Response: Disagree
Score: -1
The City of Milpitas disagrees with the entirety of the Civil Grand Jury's finding that the writing of ballot measures is unregulated at the local level or that authors mislead voters within the City of Milpitas. All ballot measure questions are regulated under the California Elections Code and approved by the Milpitas City Council. Such regulation includes a private right of action for those who disagree with the ballot question associated with any particular ballot measure, and to date, neither the courts nor the State legislature have found that remedy to be inadequate. Measure F, which put...
R1d
1f. The County should take appropriate action to request that the state legislature consider amending current law to require the County Counsel to review and approve local ballot measure questions before they are voted on. CONTINUITY REPORT
Response: Unknown
Score: 0
Recommendation 1d is implemented.
F2
Unsportsmanlike Conduct: Santa Clara City Council F1 F1
Response: Unknown
Score: 0
The City of Milpitas will not implement the recommendation because it is neither reasonable nor warranted. The City of Milpitas is a municipal corporation organized under Article XI of the California Constitution, and it possesses all of the powers inherent thereunder, independent of those powers granted to the County of Santa Clara. The California Elections Code requires that ballot questions to be considered by the electorate of the City of Milpitas are reviewed by the City Attorney. As a result of the nature of the representative system, the voters of the City of Milpitas exercise greater c...
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City of Sunnyvale
December 07, 2022
•
4 pages
• 1 response
•
Score: -1
(+0, 0, -1)
View Details ▾
1 response to findings and recommendations
F1
If You Only Read the Ballot, You're Being Duped
Response: Disagree
Score: -1
DISAGREE Anthony Spitaleri Councilmember The City of Sunnyvale disagrees with the assertion that ballot measure questions are unregulated at the local level. Two processes exist that help guard against confusing or misleading ballot questions. First, local agencies hold public hearings before placing measures on the ballot. Resolutions with the proposed ballot question are made public as required by the Brown Act, the public has the opportunity to comment prior to the City adopting that resolution. When the City of Sunnyvale considers a potential ballot measure, the process also typically incl...
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Cupertino Union School District
December 16, 2022
•
3 pages
• 2 responses
•
Score: -1
(+0, 0, -1)
View Details ▾
2 responses to findings and recommendations
F1
If You Only Read the Ballot, You're Being Duped
Response: Disagree
Score: -1
The District disagrees with this finding to the extent that it finds that it is easy for the author of a ballot measure question to draft the question in a way that is confusing or misleading to voters. Ballot measures are limited to 75-words. Within this limited word count, it is difficult to provide all of the context and detail that the Civil Grand Jury might find useful to voters. This is especially true for school district bond measures and parcel taxes which must include specific information, leaving little room for additional words. (Elec. Code, § 13319.) For that reason, election mater...
R1d
1f. The County should take appropriate action to request that the state legislature consider amending current law to require the County Counsel to review and approve local ballot measure questions before they are voted on. CONTINUITY REPORT
Response: Unknown
Score: 0
Recommendation 1d is implemented.
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East Side Union High School District
January 27, 2023
•
3 pages
• 2 responses
•
Score: -1
(+0, 0, -1)
View Details ▾
2 responses to findings and recommendations
F1
If You Only Read the Ballot, You're Being Duped
Response: Disagree
Score: -1
The District disagrees with this finding. Preliminarily, the District does not agree with the premise of the report's finding, that the preparation and content of a ballot measure are "unregulated at the local level" and it therefore is "easy for the author of a ballot measure question to write the question in a way that is confusing or misleading to voters." F 408.347.5015 830 N. Capitol Ave San Jose, CA 95133 T 408.347.5000 esuhsd.org East Side Union High School District Board of Trustees Lorena Chavez, President Pattie Cortese, Vice President Bryan Do, Clerk J. Manuel Herrera, Member Van T....
R1d
1f. The County should take appropriate action to request that the state legislature consider amending current law to require the County Counsel to review and approve local ballot measure questions before they are voted on. CONTINUITY REPORT
Response: Unknown
Score: 0
Recommendation 1d is implemented.
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El Camino Healthcare District
May 16, 2023
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4 pages
• 2 responses
•
Score: -1
(+0, 0, -1)
View Details ▾
2 responses to findings and recommendations
F1
If You Only Read the Ballot, You're Being Duped
Response: Disagree
Score: -1
CAMIA 2500 Grant Road Mountain View, CA 94040 Phone: 650-940-7300 www.elcaminohealthcaredistrict.org BOARD OF DIRECTORS: Peter C. Fung, MD | Julia E. Miller | Carol A. Somersille, MD | George O. Ting, MD | John L. Zoglin The District disagrees with this finding. As a preliminary matter, the District does not agree with the premise of this finding - i.e., that the preparation of ballot labels/questions<sup>1</sup> are "unregulated at the local level" and it is therefore "easy for the author of a ballot measure question to write the question in a way that is confusing or misleading to voters." T...
R1d
1f. The County should take appropriate action to request that the state legislature consider amending current law to require the County Counsel to review and approve local ballot measure questions before they are voted on. CONTINUITY REPORT
Response: Unknown
Score: 0
Recommendation 1d is implemented.
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Santa Clara Valley Transportation Authority
March 13, 2023
•
2 pages
• 2 responses
•
Score: -1
(+0, 0, -1)
View Details ▾
2 responses to findings and recommendations
F1
If You Only Read the Ballot, You're Being Duped
Response: Disagree
Score: -1
VTA disagrees that the process in which a ballot measure question is drafted is unregulated at the local level. The California Election Code governs the form, content, and timing on drafting and submission of the ballot measure. Ballot language is reviewed by VTA's General Counsel for compliance with state law and approved by the Board of Directors with fiduciary responsibility to the organization and their oath of office. The ballot language is brought to the VTA Board of Directors at least twice, one for introduction and later for adoption, which provides members of the public several opport...
R1d
1f. The County should take appropriate action to request that the state legislature consider amending current law to require the County Counsel to review and approve local ballot measure questions before they are voted on. CONTINUITY REPORT
Response: Unknown
Score: 0
Recommendation 1d is implemented.
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Santa Clara Valley Water District
February 14, 2023
•
3 pages
• 3 responses
•
Score: -1
(+0, 1, -1)
View Details ▾
3 responses to findings and recommendations
F1
If You Only Read the Ballot, You're Being Duped
Response: Disagree Partially
Score: 0
Partially Agree Valley Water partially agrees. A ballot measure question can be written in a way that is confusing or misleading to voters. However, Valley Water disagrees that ballot measure questions are unregulated at the local level. Ballot measure questions are regulated under the California Elections Code. The Elections Code requires either that the entire text of the measure be included in the ballot or the voter information guide to ensure that voters understand the purpose of the proposed measure.
R1d
1f. The County should take appropriate action to request that the state legislature consider amending current law to require the County Counsel to review and approve local ballot measure questions before they are voted on. CONTINUITY REPORT
Response: Will Not Implement
Score: -1
The recommendation will not be implemented because it is not warranted.
R7
by submitting the Standing Order. The PDO has requested the hiring of a third- party agency as suggested in Recommendation 8; this is currently being processed through the County’s Procurement Department. The PDO anticipates work will commence in January 2024 with a completion date of March 2024. APPENDIX 1: Summary of Agency Responses and Implementation Status
Response: Unknown
Score: 0
Partially Agree Valley Water partially agrees. A ballot measure question can be written in a way that is confusing or misleading to voters. However, Valley Water disagrees that ballot measure questions are unregulated at the local level. Ballot measure questions are regulated under the California Elections Code. The Elections Code requires either that the entire text of the measure be included in the ballot or the voter information guide to ensure that voters understand the purpose of the proposed measure.
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Town of Los Altos Hills
February 24, 2023
•
2 pages
View Details ▾
No structured response data extracted yet.
View the PDF for full details.
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Town of Los Altos Hills
November 17, 2022
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2 pages
• 2 responses
•
Score: +1
(+1, 0, 0)
View Details ▾
2 responses to findings and recommendations
F1
If You Only Read the Ballot, You're Being Duped
Response: Agree
Score: +1
The Town of Los Altos Hills agrees with this Finding. •
R1d
1f. The County should take appropriate action to request that the state legislature consider amending current law to require the County Counsel to review and approve local ballot measure questions before they are voted on. CONTINUITY REPORT
Response: Unknown
Score: 0
Recommendation 1d is implemented.
No Responses Found 13
Government entities assigned to respond to this report. No response documents have been linked in our database.
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