Group seeks to expose government waste, shortcomings
By Anna Bitong
annab@theacorn.com
Serving as ombudsmen over the entire county, a new civil grand jury goes to work every July with a promise to make sure that those who make the law do not break the law.
Whether ferreting out waste or exposing corruption, the group of 19 civic-minded citizens plays a vital oversight role in serving the public.
The grand jury is responsible for investigating public agencies, governing boards, personnel commissions and school districts based on public complaints and the grand jury’s own inquiries. This past year, grand jury investigations ranged from office bullying by county employees to seat-belt safety on schoolbuses to inmate suicides at the county jail.
“They’re the civil watchdog of the county,” said Leroy Smith, county counsel, who gives legal advice to the grand jury.
Members of the 2011-12 grand jury were selected and sworn in during a ceremony earlier this month.
In a random drawing at the Ventura courthouse, 38 nominees chosen by Superior Court judges were pared down to 19, the number selected every year. Six women and 13 men comprise the group. To qualify, potential jury candidates must be U.S. citizens, 18 and over and “of ordinary intelligence and good character,” according to official requirements.
Nine of the 38 nominees were pulled from the 2011-12 grand jury. Up to 10 holdovers are allowed. Grand jurists can return an unlimited number of times but can serve no more than two consecutive 12-month terms.
Jury applicants fill out a brief questionnaire and are chosen from various demographic groups based on sex, age, race and income.
“It’s not legally required, but it’s our policy (to include a wide demographic),” Smith said.
Selected panelists are paid $25 for each day served. Most civil grand jurors are retired and work full-time hours or more for the court, said Bob Peskay, outgoing foreman.
Some cite altruistic reasons for joining.
“Some people say, ‘I feel we have a great system and I want to contribute’ or ‘I want to give something back,’” Peskay said.
Peskay, a retired estate planner from Moorpark who was on the jury last year, said the panel received about 60 to 70 complaints last year. Of those, 25 cases were investigated and 11 reports were filed. If a claim is not substantiated or does not result in a recommendation for change, no report is made.
“We do reports to educate the public, correct a wrong or save money and make things more efficient,” said current foreman David Gale.
To open an investigation, at least 12 of the 19 jurors must vote to go forward.
If a complaint is within the jury’s jurisdiction of Ventura County and appears credible, one of the small-group committees of jurors will screen the case and create a preliminary report to present to the entire panel, Peskay said.
Gale, a Camarillo resident serving his second term, said the jury rarely meets resistance to accessing public records.
“Most public officials are very cooperative,” said the 69-year-old, a retired water treatment supervisor who worked for the city of Ventura for almost three years and for the city of Los Angeles for 30 years.
Peskay also said his panels have had easy access to government records and complete access to jails and hospitals.
“We have no direction. Nobody tells us what to do,” he said.
Gale said his jury service has been “a real educational process.”
“There are more good things in the county than bad things,” he said.
Elected officials are required to give written responses to the jury’s recommendations in the final report within 60 days; everyone else is given 90 days.
Two days after a report is delivered, the report is made public.
Ventura County Supervisor Linda Parks said the jury often provides the spark for a path to change.
“They can be invaluable to pointing out issues that otherwise would not be investigated and that need the light of day,” Parks said.
She said she appreciates the jury’s work, particularly when they investigate agencies where there is no in-depth review of protocol and practices. She cited a report by the 2006-07 grand jury on the Triunfo Sanitation District as a “push” for needed change.
Among its recommendations, the report called for an all-elected board of supervisors. At the time, two of the five directors were chosen by voters.
TSD’s board oversees water and sanitation services for homes and businesses in Oak Park, North Ranch, Bell Canyon, Lake Sherwood and parts of Thousand Oaks.
“They brought democracy to that corner of Ventura County,” Parks said.
And a 2009 grand jury report looked into reducing the number of mentally ill inmates in prisons, a cause Parks said is “near and dear” to her.
“They need to be in a facility for treatment,” she said.
It’s important to recognize the difference between a criminal grand jury and a civil grand jury, Smith said.
A criminal grand jury is asked by the district attorney to decide if there is enough evidence to go to trial in a particular case. If sufficient evidence is found, the jury may issue an indictment.
The civil investigative body has four primary responsibilities: providing civil government oversight, which permits it to audit government records and expenses and requires it to inspect the conditions of jails and other detention centers; reviewing citizen complaints; considering allegations of misconduct against public officials that may lead to trial; and issuing reports identifying problems and suggesting a resolution.
The two are completely independent.
http://www.toacorn.com/news/2011-07-21/Community/Civil_grand_jury_plays_vital_watchdog_role_in_Vent.html
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