Tuesday, July 30, 2013

(Napa) City responds to grand jury report on secrecy

CHANTAL M. LOVELL, Napa Valley Register -



In response to apparent misconduct by witnesses interviewed by the Napa County grand jury, the city of Napa is renewing its commitment to educate city employees as to the rules associated with such testimony.

On Tuesday, the City Council addressed one of the jury’s reports that was issued this summer. The report said certain witnesses in Napa County who appeared before the grand jury violated confidentiality pledges, thereby jeopardizing the work of the jury.

“While the violations of the secrecy admonition were not endemic throughout the various public agencies, they happened enough times to seriously impede the grand jury’s investigations,” the report said.

The grand jury did not state in which agency or agencies the leaks occurred, or even in which jurisdiction. The report was addressed to all government agencies within the county.

City Attorney Michael Barrett said while the city of Napa is not aware of any violations occurring within its ranks, it will work to better educate employees in response.

“We’re not aware of any city witness that violated this admonition and no city witness was brought to management’s attention as actually violating the secrecy admonition,” Barrett said. “With that said, the recommended action is for the city to provide training to the employees regarding essentially the nature of each individual witnesses’ obligation to the grand jury and specifically the obligation to maintain this confidentiality of the questions asked and answers provided to the grand jury.”

Barrett said the city already provides this type of education but will emphasize it to employees. Additionally, employees will be educated on the small amount of information that is confidential even to the grand jury, such as health information, financial information or information that would violate attorney-client privilege.

According to the jury’s report, witnesses are bound by law not to reveal which questions were asked of them or how they responded.

Though the grand jury believes it has ample evidence to pursue legal action against the alleged leaks, there are no plans to seek contempt citations for the people who it says “willfully violated the lawful secrecy” pledge they made prior to being interviewed.

“We have chosen to issue this report with its attendant recommendation, in the hope that through example and education, public officials and employees might better understand their ethical responsibilities toward the grand jury in its ‘watchdog’ capacity and to the public both serve.”

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