2007 California Penal Code Article 2. Investigation Of County, City, And District Affairs 925-933.6

CA Codes (pen:925-933.6)

925.  The grand jury shall investigate and report on the operations,
accounts, and records of the officers, departments, or functions of
the county including those operations, accounts, and records of any
special legislative district or other district in the county created
pursuant to state law for which the officers of the county are
serving in their ex officio capacity as officers of the districts.
The investigations may be conducted on some selective basis each
year, but the grand jury shall not duplicate any examination of
financial statements which has been performed by or for the board of
supervisors pursuant to Section 25250 of the Government Code; this
provision shall not be construed to limit the power of the grand jury
to investigate and report on the operations, accounts, and records
of the officers, departments, or functions of the county.  The grand
jury may enter into a joint contract with the board of supervisors to
employ the services of an expert as provided for in Section 926.



925a.  The grand jury may at any time examine the books and records
of any incorporated city or joint powers agency located in the
county.  In addition to any other investigatory powers granted by
this chapter, the grand jury may investigate and report upon the
operations, accounts, and records of the officers, departments,
functions, and the method or system of performing the duties of any
such city or joint powers agency and make such recommendations as it
may deem proper and fit.
   The grand jury may investigate and report upon the needs of all
joint powers agencies in the county, including the abolition or
creation of agencies and the equipment for, or the method or system
of performing the duties of, the several agencies.  It shall cause a
copy of any such report to be transmitted to the governing body of
any affected agency.
   As used in this section, "joint powers agency" means an agency
described in Section 6506 of the Government Code whose jurisdiction
encompasses all or part of a county.



926.  (a) If, in the judgment of the grand jury, the services of one
or more experts are necessary for the purposes of Sections 925,
925a, 928, 933.1, and 933.5 or any of them, the grand jury may employ
one or more experts, at an agreed compensation, to be first approved
by the court.  If, in the judgment of the grand jury, the services
of assistants to such experts are required, the grand jury may employ
such assistants, at a compensation to be agreed upon and approved by
  the court.  Expenditures for the services of experts and assistants
for the purposes of Section 933.5 shall not exceed the sum of thirty
thousand dollars (,000) annually, unless such expenditures shall
also be approved by the board of supervisors.
   (b) When making an examination of the books, records, accounts,
and documents maintained and processed by the county assessor, the
grand jury, with the consent of the board of supervisors, may employ
expert auditors or appraisers to assist in the examination.  Auditors
and appraisers, while performing pursuant to the directive of the
grand jury, shall have access to all records and documents that may
be inspected by the grand jury subject to the same limitations on
public disclosure as apply to the grand jury.
   (c) Any contract entered into by a grand jury pursuant to this
section may include services to be performed after the discharge of
the jury, but in no event may a jury contract for services to be
performed later than six months after the end of the fiscal year
during which the jury was impaneled.
   (d) Any contract entered into by a grand jury pursuant to this
section shall stipulate that the product of that contract shall be
delivered on or before a time certain to the then-current grand jury
of that county for such use as that jury finds appropriate to its
adopted objectives.



927.  A grand jury may, and when requested by the board of
supervisors shall, investigate and report upon the needs for increase
or decrease in salaries of the county-elected officials.  A copy of
such report shall be transmitted to the board of supervisors.




928.  Every grand jury may investigate and report upon the needs of
all county officers in the county, including the abolition or
creation of offices and the equipment for, or the method or system of
performing the duties of, the several offices.  Such investigation
and report shall be conducted selectively each year.  The grand jury
shall cause a copy of such report to be transmitted to each member of
the board of supervisors of the county.



929.  As to any matter not subject to privilege, with the approval
of the presiding judge of the superior court or the judge appointed
by the presiding judge to supervise the grand jury, a grand jury may
make available to the public part or all of the evidentiary material,
findings, and other information relied upon by, or presented to, a
grand jury for its final report in any civil grand jury investigation
provided that the name of any person, or facts that lead to the
identity of any person who provided information to the grand jury,
shall not be released.  Prior to granting approval pursuant to this
section, a judge may require the redaction or masking of any part of
the evidentiary material, findings, or other information to be
released to the public including, but not limited to, the identity of
witnesses and any testimony or materials of a defamatory or libelous
nature.



930.  If any grand jury shall, in the report above mentioned,
comment upon any person or official who has not been indicted by such
grand jury such comments shall not be deemed to be privileged.



931.  All expenses of the grand jurors incurred under this article
shall be paid by the treasurer of the county out of the general fund
of the county upon warrants drawn by the county auditor upon the
written order of the judge of the superior court of the county.




932.  After investigating the books and accounts of the various
officials of the county, as provided in the foregoing sections of
this article, the grand jury may order the district attorney of the
county to institute suit to recover any money that, in the judgment
of the grand jury, may from any cause be due the county.  The order
of the grand jury, certified by the foreman of the grand jury and
filed with the clerk of the superior court of the county, shall be
full authority for the district attorney to institute and maintain
any such suit.


933.  (a) Each grand jury shall submit to the presiding judge of the
superior court a final report of its findings and recommendations
that pertain to county government matters during the fiscal or
calendar year.  Final reports on any appropriate subject may be
submitted to the presiding judge of the superior court at any time
during the term of service of a grand jury.  A final report may be
submitted for comment to responsible officers, agencies, or
departments, including the county board of supervisors, when
applicable, upon finding of the presiding judge that the report is in
compliance with this title.  For 45 days after the end of the term,
the foreperson and his or her designees shall, upon reasonable
notice, be available to clarify the recommendations of the report.
   (b) One copy of each final report, together with the responses
thereto, found to be in compliance with this title shall be placed on
file with the clerk of the court and remain on file in the office of
the clerk.  The clerk shall immediately forward a true copy of the
report and the responses to the State Archivist who shall retain that
report and all responses in perpetuity.
   (c) No later than 90 days after the grand jury submits a final
report on the operations of any public agency subject to its
reviewing authority, the governing body of the public agency shall
comment to the presiding judge of the superior court on the findings
and recommendations pertaining to matters under the control of the
governing body, and every elected county officer or agency head for
which the grand jury has responsibility pursuant to Section 914.1
shall comment within 60 days to the presiding judge of the superior
court, with an information copy sent to the board of supervisors, on
the findings and recommendations pertaining to matters under the
control of that county officer or agency head and any agency or
agencies which that officer or agency head supervises or controls.
In any city and county, the mayor shall also comment on the findings
and recommendations.  All of these comments and reports shall
forthwith be submitted to the presiding judge of the superior court
who impaneled the grand jury.  A copy of all responses to grand jury
reports shall be placed on file with the clerk of the public agency
and the office of the county clerk, or the mayor when applicable, and
shall remain on file in those offices.  One copy shall be placed on
file with the applicable grand jury final report by, and in the
control of the currently impaneled grand jury, where it shall be
maintained for a minimum of five years.
   (d) As used in this section "agency" includes a department.



933.05.  (a) For purposes of subdivision (b) of Section 933, as to
each grand jury finding, the responding person or entity shall
indicate one of the following:
   (1) The respondent agrees with the finding.
   (2) The respondent disagrees wholly or partially with the finding,
in which case the response shall specify the portion of the finding
that is disputed and shall include an explanation of the reasons
therefor.
   (b) For purposes of subdivision (b) of Section 933, as to each
grand jury recommendation, the responding person or entity shall
report one of the following actions:
   (1) The recommendation has been implemented, with a summary
regarding the implemented action.
   (2) The recommendation has not yet been implemented, but will be
implemented in the future, with a timeframe for implementation.
   (3) The recommendation requires further analysis, with an
explanation and the scope and parameters of an analysis or study, and
a timeframe for the matter to be prepared for discussion by the
officer or head of the agency or department being investigated or
reviewed, including the governing body of the public agency when
applicable.  This timeframe shall not exceed six months from the date
of publication of the grand jury report.
   (4) The recommendation will not be implemented because it is not
warranted or is not reasonable, with an explanation therefor.
   (c) However, if a finding or recommendation of the grand jury
addresses budgetary or personnel matters of a county agency or
department headed by an elected officer, both the agency or
department head and the board of supervisors shall respond if
requested by the grand jury, but the response of the board of
supervisors shall address only those budgetary or personnel matters
over which it has some decisionmaking authority.  The response of the
elected agency or department head shall address all aspects of the
findings or recommendations affecting his or her agency or
department.
   (d) A grand jury may request a subject person or entity to come
before the grand jury for the purpose of reading and discussing the
findings of the grand jury report that relates to that person or
entity in order to verify the accuracy of the findings prior to their
release.
   (e) During an investigation, the grand jury shall meet with the
subject of that investigation regarding the investigation, unless the
court, either on its own determination or upon request of the
foreperson of the grand jury, determines that such a meeting would be
detrimental.
   (f) A grand jury shall provide to the affected agency a copy of
the portion of the grand jury report relating to that person or
entity two working days prior to its public release and after the
approval of the presiding judge.  No officer, agency, department, or
governing body of a public agency shall disclose any contents of the
report prior to the public release of the final report.



933.06.  (a) Notwithstanding Sections 916 and 940, in a county
having a population of 20,000 or less, a final report may be adopted
and submitted pursuant to Section 933 with the concurrence of at
least 10 grand jurors if all of the following conditions are met:
   (1) The grand jury consisting of 19 persons has been impaneled
pursuant to law, and the membership is reduced from 19 to fewer than
12.
   (2) The vacancies have not been filled pursuant to Section 908.1
within 30 days from the time that the clerk of the superior court is
given written notice that the vacancy has occurred.
   (3) A final report has not been submitted by the grand jury
pursuant to Section 933.
   (b) Notwithstanding Section 933, no responsible officers,
agencies, or departments shall be required to comment on a final
report submitted pursuant to this section.



933.1.  A grand jury may at any time examine the books and records
of a redevelopment agency, a housing authority, created pursuant to
Division 24 (commencing with Section 33000) of the Health and Safety
Code,  or a joint powers agency created pursuant to Chapter 5
(commencing with Section 6500) of Division 7 of Title 1 of the
Government Code, and, in addition to any other investigatory powers
granted by this chapter, may investigate and report upon the method
or system of performing the duties of such agency or authority.



933.5.  A grand jury may at any time examine the books and records
of any special-purpose assessing or taxing district located wholly or
partly in the county or the local agency formation commission in the
county, and, in addition to any other investigatory powers granted
by this chapter, may investigate and report upon the method or system
of performing the duties of such district or commission.




933.6.  A grand jury may at any time examine the books and records
of any nonprofit corporation established by or operated on behalf of
a public entity the books and records of which it is authorized by
law to examine, and,  in addition to any other investigatory powers
granted by this chapter, may investigate and report upon the method
or system of performing the duties of such nonprofit corporation.