Tuesday, March 17, 2015

Diversified grand jury needed in Tulare County


Our governing bodies are supposed to be a reflection of us. In some cases it is mandated by law. The Tulare County Grand Jury is one body that falls in this category but has consistently failed to meet its racial, gender and age make-up of the county as outlined in the California Rules of Court.
The Grand Jury has some recurring members who have been selected year after year as a result of a consistent small pool of applicants for the one-year term. Most are retirees over the age of 65. Some names I recognize from 20 years ago. And, year after year, it seems they could use some help particularly in the reporting of our public agencies, boards and councils.
Other than the governmental “watchdog” role of the Grand Jury, it also weighs criminal charges and determines whether indictments should be returned as well as allegations of misconduct against public officials. It also determines whether to present formal accusations requesting their removal from office. It is a very important and responsible duty.
Last week, the Grand Jury released a report to the news media headlined, “Confusion and Chaos in Richgrove.” In that report, it accuses the Richgrove Community Service District of financial misconduct. However that press release headline is four to five years late. The chairman of the board, Alex Hernandez, says they are doing all they are required to do and will soon submit all the audits to put the district financial woes behind them. In fact, he seemed surprised by the Grand Jury’s report as he states the jurors attended only two meetings and there wasn’t much engagement between the jury and the principal individuals of the district.
A more diversified grand jury perhaps would have reported it carefully, thoughtfully and even differently. I believe a diversified group would have considered that the district fired its manager in 2011 for failing to inform the board that the audits from 2007 to 2011 had not been done. They brought back the same CPA who filed the complaint to help them get it all in order. And that the community elected a new board different from those that served during the years when the district was having its financial difficulties. Furthermore, they are willing to do whatever it takes including surrendering financial control temporarily.
Although there is still work to do in Richgrove, these actions don’t sound like confusion or chaos but a district truly working at getting back on track.
The Grand Jury’s public vilification of the board’s current state of affairs comes across unfair. Perhaps the evaluation and investigation of Richgrove needed a fresh set of eyes, a different mindset than the usual. The board serves a community of about 3,000 people of whom almost all are Latino. The grand jury consisted of 19 members of whom only two are Latino instead of the 11 or 12 that would account for two thirds of the county’s total population of who are Latino.
The reason there are rules for a diversified grand jury are so that an individual or unit will have a fair and unbiased review, investigation and outcome. For instance in the Richgrove case, despite the fact that the 2013 complaint filed stated no wrong doing by the board, the Grand Jury felt it was necessary to consult with the DA to review if indeed there was any wrongdoing by the current board members. The DA found there was no reason to pursue the Richgrove board. With all due respect to the Grand Jury, this action by the jury gives the appearance of political witch-hunting.
This is where you all come in. The courts can do only so much with the pool of applications received. It cannot meet its obligations to have a racial, gender and age balance of the county on its Grand Jury if there is a small number of applications and limited number from the underrepresented groups. It is why we have jurors who have been doing this for, literally, years. The Grand Jury is an important arm of justice afforded to the citizenry. It deserves to have the demographic standards it mandates.
If you have the time, commitment and determination for just and fair decision making, apply to be a member of the Grand Jury. Deadline is April 11.
Federally recognized minorities, women and young adults are encouraged to apply.
More information
For more information contact the Tulare County Grand Jury, located at 5963 South Mooney Blvd., Visalia 93277. Or call 624-7296 or email grnd_jury@co.tulare.ca.us
March 16, 2015
Visalia Times-Herald
Other Views, Commentary: by Ruben Macareno, chairman of the Tulare County Democratic Party

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