State’s civil grand jury system: Does it work?
By Gere Sibbach
February 24, 2014
San Luis Obispo Tribune
February 24, 2014
San Luis Obispo Tribune
Like most important questions, the answer is, it depends.
Over a period of government service spanning more than 30 years, I have
observed and interacted with many grand juries. Some have achieved much good,
some not so much, and some have done mischief. But the overarching fact is that
they serve a critical function as an independent watchdog. They support the
public’s interest in honest, efficient and effective local government.
A new grand jury is seated each fiscal year. During
February, the San Luis Obispo Superior Court seeks applicants to serve from the
following July through June. Each jury has its own character and could face
very different challenges.
In my early career, the jurors received almost no training
and their primary function seemed to be as a minor irritant to government
officials. (That of itself isn’t necessarily a bad thing.) But beneficial
changes gradually occurred. New members began meeting and sharing experiences
with jurors from other counties, various officials such as the county auditor,
county administrator and district attorney were invited to address the newly
seated panels and state law required the subjects of grand jury inquiries to
respond in writing when a grand jury issued a final report. Thus grand juries
became more knowledgeable and their findings more difficult to ignore.
Grand juries may initiate investigations based on complaints
from citizens, or they can explore whatever their members decide to look into.
Their investigative powers are nearly unlimited. However,
they have no real enforcement power. When their reports are of high quality,
are well documented, are even-handed and nonpartisan and contain practical recommendations,
they cannot easily be ignored by the subject officials and agencies. They
provide important impetus for important change.
On the other hand, poorly written or poorly documented
reports can be dismissed out of hand.
Sometimes failed reports result from preconceived or
politically based notions on the part of the grand jurors. Since a final report
requires a consensus of at least 12 of the 19 members, this rarely happens.
More often, in my view, failed reports result from a lack of
cooperation on the part of the agency being investigated. In this situation,
the jury may have relied on misleading or nonrepresentative data, misunderstood
complex regulations or run out of time to fully understand a problem before its
fiscal year term ends.
I believe a responsible government agency should be open to
scrutiny at all times. When problems are identified, acknowledge them and take
corrective action.
This advice seems difficult to follow. Demands for
perfection by the media and the public are not reasonable and probably
contribute to this situation. However, accountability must be accepted, and
without watchdogs like the grand jury (or auditors!) it is too easy for an
agency to stagnate and poorly serve its constituents.
Grand jurors receive a small stipend plus reimbursement for
mileage. They need to have at least 20 hours per week available.
If you want to learn more about this unique opportunity to
serve your community, go to: http://www.slocourts.net/grand_jury.
Gere Sibbach is a certified public accountant and retired
San Luis Obispo County auditor-controller.
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