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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