San Joaquin County Grand Jury
• 2011-2012
San Joaquin County Grand Jury County Board of Supervisor’s Agendas: Consent or Discussion?
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⚠️ Este contenido ha sido traducido automáticamente. El texto original en inglés es la versión oficial. La traducción puede contener errores.
Findings and Recommendations 9 findings
F1
1 The large percentage of consent items on the agendas of the public Board meetings does not encourage openness in the conduct of its deliberations.
Related Recommendations (1)
R1
1 The Board of Supervisors biannually review its policy, procedures, and practices relative to the structure of the agenda, giving special attention to the placement of a greater number of discussion items on the agenda. 130 2.0 Agendas and the County Website Staff reports providing background information about each agenda item are available on the website, but the hyperlinks to that material were not always readily evident. The County’s Information Technology Department and the Clerk of the Board have made modifications on the County website so that there is a direct link between an item listed on the agenda and its supporting staff report. This makes it easier for the public to access supporting documents for each agenda item. Government Code Section 54954.2(a)(1) requires that the Board “…shall post an agenda containing a brief general description of each item of business to be transacted or discussed at the meeting, including items to be discussed in closed session.” These descriptions should be clear as to the Board’s intended action so that the public knows what issues are coming before the Board. While some descriptions were not very informative when this investigation began, the County is now using more complete and understandable language for descriptions.
F2
1 Improved hyperlinks to staff reports for agenda items were in progress when the Grand Jury began its investigation and are now functioning.
Related Recommendations (1)
R2
1 No later than September 30, 2013 the County develop a schedule for regular review of the website for its ongoing improvement to ensure the accessibility of timely information to the public. 3.0 Public Comment Process At the beginning of each Board meeting, any member of the public may address the Board on any matter on the agenda or within the jurisdiction of the County. Each Board agenda includes the statement “Persons wishing to address the Board may complete the Public Comment Form which is located in the tray on the back wall of Chambers or which may be obtained from the Board of Supervisors’ Office, Suite 627. Please no personal attacks.” The Public Comment Forms are used to identify who is requesting to speak and the agenda item(s). It is also used to identify the speaker in the meeting minutes. Early in each Board meeting, the Chair makes an announcement about when and how public comment will be allowed and the procedures that must be followed. This includes how items may be removed from the consent calendar for public discussion. The Chair also announces that the Board Policy is to allow three minutes per person for public comment about an agenda item at the meeting before any Board discussion. If requested, an individual’s time for comments may be extended at the discretion of the Chair. The Stanislaus County Board of Supervisors has a much more extensive explanation of public comment on each agenda: “PUBLIC COMMENT PERIOD: Matters under the jurisdiction of the Board, and not on the posted agenda, may be addressed by the general public at the beginning of the regular agenda and any off-agenda matters before the Board for consideration. However, California law prohibits the Board from taking action on any matter which is not on the posted agenda unless it is determined to be an emergency by the Board of Supervisors. Any member of the public wishing to address the Board during the “Public Comment” period shall be permitted to be heard once for up to 5 minutes. Please complete a Public Comment Form and give it to the Clerk of the Board. “The agenda is divided into two sections: “CONSENT CALENDAR: These matters include routine financial and administrative actions and are identified with an asterisk (*). All items on the consent calendar will be voted on as a single action at the beginning of the meeting under the section titled “Consent Calendar” without discussion. If you wish to discuss an item on the Consent Calendar, please notify the Clerk of the Board prior to the beginning of the meeting or you may speak about the item during Public Comment Period. “REGULAR CALENDAR: These items will be individually discussed and include all items not on the consent calendar, all public hearings and correspondence. “ANY MEMBER OF THE AUDIENCE DESIRING TO ADDRESS THE BOARD ON A MATTER ON THE AGENDA: Please raise your hand or step to the podium at the time the item is announced by the Board Chairperson. In order that interested parties have an opportunity to speak, any person addressing the Board will be limited to a maximum of 5 minutes unless the Chairperson of the Board grants a longer period of time. “BOARD AGENDAS AND MINUTES: Board agendas, Minutes, and copies of items to be considered by the Board of Supervisors are typically posted on the Internet on Friday afternoons preceding a Tuesday meeting at the following website: www.stancounty.com/bos/agenda-minutes.shtm. “Materials related to an item on this Agenda submitted to the Board after distribution of the agenda packet are available for public inspection in the Clerk’s office at 1010 10th Street, Suite 6700, Modesto, CA during normal business hours. Such documents are also available online, subject to staff’s ability to post the documents before the meeting, at the following website www.stancounty.com/bos/agenda-minutes.shtm.” 132 The Grand Jury finds that Stanislaus County provides much more information to the public on how they can participate in the Board meetings.
F3
1 Neither the San Joaquin County Board agenda website nor the posted Board agendas contain information on the public comment process with the exception that a Public Comment Form must be completed to address the Board.
Related Recommendations (1)
R3
1 No later than September 30, 2013 the County update the Board meeting agendas to include complete information about the public comment process, including how to request that an item be pulled from the consent agenda for public discussion.
F1.1
The large percentage of consent items on the agendas of the public Board meetings does not encourage openness in the conduct of its deliberations.
No recommendations for this finding
F2.1
Improved hyperlinks to staff reports for agenda items were in progress when the Grand Jury began its investigation and are now functioning.
No recommendations for this finding
F2.2
Providing more complete descriptions of agenda items was in progress when the Grand Jury began its investigation and is now in use.
No recommendations for this finding
F2.3
There is no regular or formal review of the agenda website by County staff or the Board. Any review is informal and sporadic.
No recommendations for this finding
F3.1
Neither the San Joaquin County Board agenda website nor the posted Board agendas contain information on the public comment process with the exception that a Public Comment Form must be completed to address the Board.
No recommendations for this finding
F3.2
Neither the County website or the agendas contain information related to removing items from the Consent agenda for discussion.
No recommendations for this finding
Conclusions 1
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CL1The 2012-2013 Grand Jury initiated an investigation into how the Board of Supervisors conducts its meetings. Three issues identified: the number of consent items on the agenda, the incomplete descriptions of some agenda items and the public comment process. The Grand Jury found the County staff and the Board willing to making improvements. During the investigation, it was found that appropriate changes were already in process involving the website. As the investigation came to a close, some changes had been completed. Other improvements as recommended in this report require further attention. It is the responsibility of the Board to ensure that it foster public interest and involvement in its deliberations and decision-making processes affecting all members of the community it serves. The Board could better fulfill these responsibilities regarding enhanced public access and improved transparency by regularly reviewing policies and practices on the structure of Board meeting agendas, increasing the number of public discussion items, providing more information on the County website, making the website more user friendly and clarifying the process for public comments. It is with this intent that the Grand Jury makes these recommendations. 133 Disclaimer Grand Jury reports are based on documentary evidence and the testimony of sworn or admonished witnesses, not on conjecture or opinion. However, the Grand Jury is precluded by law from disclosing such evidence except upon specific approval of the Presiding Judge of the Superior Court, or another judge appointed by the Presiding Judge (Penal Code Sections 911, 924.1 (a) and 929). Similarly, the Grand Jury is precluded by law from disclosing the identity of witnesses, except upon an order of the court for narrowly defined purposes. (Penal Code Sections 924.2 and 929). Response Requirements California Penal Code sections 933 and 933.05 require that specific responses to all findings and recommendations contained in this report be submitted to the Presiding Judge of San Joaquin County Superior Court within 90 days. Mail a hard copy of the response to: Hon. David P. Warner, Presiding Judge San Joaquin County Superior Court P.O. Box 201022 Stockton, CA 95201 Also, please email the response to Trisa Martinez, Staff Secretary to the Grand Jury, at grandjury@sjcourts.org 134 Appendix A San Joaquin County Board of Supervisors 2012 Meeting Statistics Discussion/Presentation Public Hearing Date Consent Items Items Items Jan 9 NA (Reorganizational Meeting) Jan 10 32 0 2 Jan 17 0 0 1 Jan 24 13 0 0 Jan 31 12 0 0 Feb 14 22 3 0 Feb 28 29 0 1 Mar 13 14 2 4 Mar 27 11 2 0 Apr 3 17 1 0 Apr 10 14 2 0 Apr 24 22 3 0 May 1 14 1 1 May 8 18 1 1 May 22 20 0 1 Jun 5 31 1 0 Jun 12 6 1 1 Jun 19 19 3 1 Jun 26 15 0 2 Jun 27 NA (Budget Hearing) Jun 28 NA (Budget Hearing) Jul 10 19 0 0 Jul 17 16 1 0 Jul 24 12 4 1 Aug 7 28 0 0 Aug 28 13 1 1 Sep 11 36 3 0 Sep 25 24 1 1 Oct 2 18 0 0 Oct 16 16 0 2 Nov 6 32 1 1 Nov 20 17 1 0 Dec 4 40 3 0 Dec 11 26 0 2 Dec 17 NA (Closed Session Only) Total 606 35 23 Percent 91.3% 5.3% 3.5% Average 19.5 1.1 0.7 135 Appendix B Sacramento County Board of Supervisors 2012 Meeting Statistics Discussion/ Public Hearing Date Consent Items Presentation Items Items Jan 10 38 3 5 Jan 24 27 7 1 Feb 7 34 6 4 Feb 28 52 2 4 Mar 13 30 6 5 Mar 27 34 2 7 Apr 10 40 3 4 Apr 17 37 5 3 May 8 65 7 2 May 22 75 3 4 Jun 12 56 3 5 Jun 19 64 5 4 Jul 17 33 2 2 Jul 24 22 2 8 Aug 7 27 1 5 Aug 21 50 1 3 Sep 11 38 3 1 Sep 25 57 5 5 Oct 16 32 4 3 Oct 23 15 2 1 Nov 6 2 3 Dec 4 50 4 5 Dec 11 49 7 3 Total 927 86 84 Percent 84.5% 7.8% 7.7% Average 40.3 3.7 3.7 136 Appendix C Stanislaus County Board of Supervisors 2012 Meeting Statistics Discussion/Presentation Public Hearing Date Consent Items Items Items Jan 10 13 4 0 Jan 24 15 1 0 Jan 31 10 0 0 Feb 7 8 0 0 Feb 14 12 1 0 Feb 28 15 3 0 Mar 6 8 2 1 Mar 20 14 3 0 Mar 27 8 0 0 Apr 3 20 3 0 Apr 17 21 0 2 Apr 24 17 0 2 May 1 10 2 0 May 8 12 0 0 May 15 8 2 1 May 22 24 3 2 Jun 5 20 0 1 Jun 19 19 1 0 Jun 26 18 3 2 Jul 10 11 1 0 Jul 17 16 1 1 Jul 24 20 3 2 Aug 7 14 1 0 Aug 21 12 2 3 Aug 28 13 2 2 Sep 11 14 0 2 Sep 18 11 0 1 Sep 25 16 3 1 Oct 2 11 1 0 Oct 16 11 0 0 Oct 30 18 4 0 Nov 6 9 3 0 Nov 13 8 4 0 Dec 4 15 2 0 Dec 11 12 1 0 Dec 18 16 2 0 Total 499 58 23 Percent 85.4% 9.9% 3.9% Average 13.9 1.6 0.6 137