California Civil Grand Juries Michael P California Civil Grand Juries Michael P. Dowd Chief Assistant City Prosecutor Javan N. Rad Chief Assistant City Attorney

Functions of Grand Jury Three Functions Weigh criminal charges and decide whether to issue or not issue indictments Weigh allegations of misconduct against public officials and to present formal accusations that request removal from office Act as the public’s “watchdog” by investigating and reporting on the affairs of local government

Functions of Grand Jury The grand jury has been given extensive authority to prepare reports for improvement of the administration of local government “It performs a valuable public purpose in presenting its conclusions drawn from that overview.” California Supreme Court in People v. Superior Court (1973 Grand Jury), 13 Cal.3d 430 (1975)

Civil Grand Jury Has no power to indict – only has the power to investigate, review, and issue a report Entities must respond to the report Civil grand jury, though, has no authority to compel compliance with its recommendations “The public may, of course, ultimately conclude that the jury’s fears were exaggerated or that its proposed solutions are unwise.”

History of Grand Jury United States – since creation of the republic Original California Constitution (1849-1850) Penal Code Section 925 (1880) Penal Code Section 925A (1973)

Law of Civil Grand Jury Each County is mandated to have a grand jury (905) Sits for fiscal year, unless Board of Supervisors approves calendar year (905.5) Has the power to investigate the affairs of cities (925A) Required to make a report City and Mayor must respond to recommendations or findings within 90 days (933)

Law of Civil Grand Jury Report receivers are given two ways to respond to findings, and four ways to respond to recommendations (933.05) District Attorney is legal advisor, but can be County Counsel for civil grand jury (935)

Investigations Each grand jury is free to choose which local government entity to investigate Three general avenues to investigation Citizen complaints Matters raised by grand jury members Referrals from preceding grand jury

Los Angeles County Civil Grand Jury Serves for fiscal year 23 jurors, selection starts in March Divided into committees Must submit final report to presiding judge Final report is a package of committee reports

Los Angeles County Civil Grand Jury County Counsel – not District Attorney – is legal advisor Complaint forms available at courthouses, county libraries, and online Civil grand jury goes over complaint forms and is free to choose one or more or not choose any at all

Examples of Grand Jury Reports re: Pasadena 2010-2011 -- five public pensions reviewed, including FPRS Recommendations included that the City negotiate reductions in the amount of employee contribution picked up by the City for CalPERS pension plans

Examples of Grand Jury Reports re: Pasadena 2011-2012 – Grand jury expressed “concern over the potential for abuse of [the] flexibility” that charter cities have over their regulation of “municipal affairs” 22 recommendations for 23 (of 25) charter cities 12 were current practice in Pasadena 10 were completed, in the process of completing, or reviewing

Examples of Grand Jury Reports re: Pasadena 2012-2013 – expands on charter city report from prior year, in view of then-current economy increasing the risk of municipal bankruptcy All 88 cities in County investigated 6 recommendations required Pasadena’s response