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

2. 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

3. 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)

4. 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.”

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

6. 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)

7. 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)

8. 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

9. 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

10. 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

11. Examples of Grand Jury Reports re: Pasadena
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

12. Examples of Grand Jury Reports re: Pasadena
– 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

13. Examples of Grand Jury Reports re: Pasadena
– 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