ORIENTATION: Grand Jury 101

1. ORIENTATION:Grand Jury 101 Presented to the 2015/2016 Shasta County Grand Jury By Marsha Caranci Karen Jahr Larry Johnson

2. GRAND JURY 101PART 1: GETTING STARTED • In this hour, we will cover: • The Grand Jury’s relationship to the Court and County • Rules of Procedure—your Procedures Manual • Meetings and attendance • Annual timeline of Grand Jury activities Our focus – Shasta County Grand Jury

3. THE JURY’S RELATIONSHIP WITH THE SUPERIOR COURT • Grand Jurors are selected by and act under the direction of the Superior Court • The Grand Jury is “an arm of the court” • A juror acts as a member of the state’s judicial branch • Presiding Judge gives jurors a charge and provides general supervision

4. WHO’S WHO IN THE COURT • Superior Court judges select the Presiding Judge (PJ) who holds a two-year term • PJ Gregory Gaul handles Grand Jury administrative matters on behalf of the judges • Court Administrators: • Executive Officer: Melissa Fowler-Bradley • Asst Exec Officer: John Zeis Ordinarily, only Foreperson may contact the court

5. THE JURY’S RELATIONSHIP WITHTHE COUNTY • The County pays for the Grand Jury, including per diem and mileage, and all budgeted expenditures • Services to the Grand Jury include: • Budget development and oversight • Purchasing of supplies; equipment rentals • Information technology services • Printing of reports and the Manual • Legal services

6. WHO’S WHO IN THE COUNTY • County Executive Officer (CEO) Larry Lees and Analyst Megan Dorney: budget, jury’s rented space (“meeting room”), supplies and equipment • Clerk of the Board Glenda Tracy: Statement of Economic Interests (Form 700) • Information Technology: Grand Jury’s website and IT support services

7. WHO’S WHO IN THE COUNTY • County mail room: printing the bound Consolidated Final Report and the Procedures Manual • County Counsel: Senior Deputy County Counsel David Yorton, legal advisor on operations and civil investigations • District Attorney: Stephen Carlton, legal advisor for accusations, indictments and if criminal activities are uncovered

8. MONEY MATTERS • County pays each juror $15 per diem, plus mileage • For any day juror attends one or more activities • Activities: meeting of full jury or committee if quorum present, or authorized interview or inspection • Only one payment per day, even if several activities • Jury has a budget that it must live within • Jury should “bundle” activities to control expenditures

9. PROCEDURES MANUAL • Covers all aspects of Grand Jury service: • Formation (juror qualifications and selection) • Organization (officers and committees) • Conduct of meetings • Juror conduct • Ethics and collegiality • How to conduct investigations and write reports • Criminal functions • Statutory and case law

10. “RULES OF PROCEDURE” • Penal Code requires each Grand Jury to adopt its own “Rules of Procedure” • Your Grand Jury Procedures Manual constitutes your Rules of Procedure • Briefly review the Manual and adopt it ASAP, so you can start your year’s work early in the term • May amend as needed

11. CONDUCT AND PROCEDURES(Chapter 3) • Conflicts of interest and ethics • Confidentiality • Budget and training • First few meetings • Get organized • Establish meeting schedule • Set ground rules

12. GRAND JURY MEETINGS (Chapter 3) • Full panel meetings and committee meetings • Grand Jury sets its own schedule for meetings • Agendas and minutes required by Procedures • Foreperson or committee chair prepares agenda • Minutes of panel meetings taken by Recording Secretary • Committee Activity Notes form used by committees

13. MEETING PROCEDURES • A quorum for conducting business is 12 jurors • Supermajority vote (12 votes) required for • Adoption or amendment of Procedures Manual, and • “Public actions” of the jury • Majority vote (10) or consensus for everything else • Jury acts by motion, second, discussion, and vote

14. ATTENDANCE (Chapter 3) • Each juror should attend all Grand Jury meetings and assigned committee meetings • However, can be absent for medical reasons and family vacations—but give notice • Foreperson and chairs should give jurors ample notice of meetings, inspections, and interviews

15. RESIGNATIONS AND REMOVALS (Chapter 3) • A juror may resign at any time, in writing, to the PJ • Foreperson should deal with a juror who is causing problems, but may not discharge • PJ may remove a juror for misconduct, repeated absence or other good cause, in PJ’s sole discretion • Jury may vote to require Foreperson or other representative to seek assistance of County Counsel

16. TIMELINE OF GRAND JURY ACTIVITIES (Chapter 4) • Take a look at page 31 • Month by month list of recommended activities • Review of the Timeline should be on the jury’s meeting agenda at least monthly

17. COMING UP THIS AFTERNOON • Grand Jury 101, Part 2: • Officers and committees • Appointments • Descriptions of committee activities • Grand Jury 101, Part 3: • Juror ethics • Secrecy and confidentiality • Legal advisors and Grand Jury law

18. QUESTIONS After questions, a short lunch break…

19. GRAND JURY 101: PART 2: OFFICERS/COMMITTEES • In this hour, we will cover: • Officers • Committees • Selection of officers and committee chairs and making committee assignments • Changing officers or committees

20. OFFICERS (Chapter 5) • Foreperson: appointed by the PJ as required by Penal Code section 912 • Other officers per your Manual (not required by law): • Foreperson Pro Tem • Recording Secretary • Corresponding Secretary • Sergeant-at-Arms • Librarian

21. FOREPERSON’S ROLE • The jury acts by voting on motions • Foreperson has just one vote • Foreperson has several additional duties and a few additional powers • Foreperson keeps the jury on track • Acts as a facilitator, not “the boss” or gatekeeper

22. FOREPERSON’S DUTIES • Nominates officers, proposes committee assignments • Prepares meeting agendas and leads meetings • Interfaces with the PJ, County Counsel, DA, etc. • Signs indictments* and correspondence • Administers oaths* • Acts as the jury’s spokesperson at end of term* • Handles other administrative tasks *Required by law

23. FOREPERSON PRO TEM • Acts as Foreperson in absence or disqualification (recusal) of Foreperson • Assists Foreperson with administrative and personnel issues • Acts as the Grand Jury’s training officer

24. RECORDING SECRETARY • Takes minutes of meetings (the full jury reviews, amends, adopts them) • Keeps a record of attendance at meetings; provides notice of meetings • Ensures that absent jurors get copies of documents distributed during a missed meeting

25. CORRESPONDING SECRETARY • Receives, organizes and safeguards all other Grand Jury paperwork • Picks up and distributes the mail • Prepares the correspondence and complaint logs • Prepares correspondence approved by the Grand Jury

26. SERGEANT-AT-ARMS • Keeps outsiders out of meeting room during jury deliberations • Maintains order and security of the meeting room • Ensures that confidential documents which are no longer needed are destroyed in a confidential manner

27. LIBRARIAN • Maintains the Grand Jury’s library, including materials acquired or produced by former juries • Reviews library materials for destruction or retention • Maintains confidentiality of materials related to investigations • With Continuity Committee, keeps track of responses to Grand Jury reports

28. COMMITTEES (Chapter 6) • Standing and ad hoc • Investigative standing committees might include: • Audit and Finance • County Government • City Government • Local Districts and Agencies • Criminal Justice

29. DUTIES OF INVESTIGATIVE COMMITTEES • Make initial review of complaints and topic ideas and recommend acceptance or rejection by panel • Conduct investigations (research, tours, observations, interviews) • Write (and re-write) reports • But the reports are Grand Jury reports, not committee reports

30. ADMINISTRATIVE AND AD HOC COMMITTEES • Administrativestanding committees might include: • Editorial • Continuity • Information Technology • Executive • Standing committees will be discussed with you this afternoon • Ad hoc committees can be formed when needed

31. SELECTION PROCESS • Jurors fill out Officer/Committee Assignment Questionnaires • Foreperson nominates officers and proposes committee assignments • Entire jury votes on officers and committee assignments • Committees choose own chairs • Officers, chairs and assignments can be changed

32. QUESTIONS? Any questions about the topics we’ve covered so far?

33. GRAND JURY 101: PART 3: LEGAL ISSUES • Grand juror ethics • Secrecy and confidentiality • Legal advisors • Grand Jury law

34. GRAND JUROR ETHICS (Chapter 3) • Objectivity, fairness, freedom from bias • When a juror must recuse • Local agency employment within three years: advise PJ and foreperson • Other actual or perceived conflict: business relationship, family ties, political activities, personal feelings, etc. • Recusal procedures • Describe situation; jury may direct juror’s recusal • Recusal is complete—no input on investigation or report • Put disclaimer in report

35. SECRECY AND CONFIDENTIALITY (Chapter 3) • Central to effectiveness of Grand Jury • Protects whistle blowers • Each juror must forever keep secret: • All evidence, anything that any juror said about a complaint or investigation, and how any juror voted • Disclosure is a misdemeanor!

36. MORE ON CONFIDENTIALITY • Safeguard all documents and communications • Press releases are OK, but they cannot include information not in report • Only evidence, investigations, juror comments, and votes are confidential • Juror may discuss with outsiders general information not related to a complaint or investigation

37. ADVISORS (Chapter 9) • Judge: administrative direction • County Counsel: advice on internal operations and civil investigations • DA: advice on criminal matters • Attorney General: if County Counsel/DA not available • Outside counsel (private firm): if all above attorneys have a conflict

38. GETTING LEGAL ADVICE • Ordinarily through Foreperson • But also whenever 10 or more jurors vote to seek advice from County Counsel or DA • Can have committee or entire jury meet with County Counsel • Advice can be oral or written, and about any matter • County Counsel also reviews draft reports

39. GRAND JURY LAW (Chapter 11) • Grand Jury civil law is in the California Penal Code (sections 888 – 939.91), plus some case law • Other codes and cases govern the operations of local governments • The CGJA seminar will introduce you to the law • Some legal materials are in the Manual at Chapter 11

40. OTHER TOPICSCOVERED BY YOUR MANUAL • Judge’s charge (Chapter 2) • Investigations and interviews (Chapter 7) • Reports and publicity (Chapter 8) • The Grand Jury’s website (Chapter 8)

41. OTHER TOPICS COVERED BY YOUR MANUAL • SCGJA (Chapter 9) • Oaths and admonitions (Chapter 10) • Criminal functions (Chapter 10) • Appendix The jury should review the Manual throughout the year

42. QUESTIONS Are there any questions about the topics we have covered?