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| Who can be a Grand Jury Member? |
| Members of the Grand Jury are selected from applicants who: |
- Are citizens of the United States
- Have resided in the County of Kern for the past year
- Are 18 years of age or older
- Have sufficient knowledge of the English language
- Have not served as a Grand Juror in any other county in California within the past year
- Have never been convicted of malfeasance in office or of any felony
- Are not currently serving as an elected public official
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| How are Grand Jury Members selected? |
Each spring the Superior Court solicits applications for volunteers to serve on the Grand Jury. All applicants are screened and background checked. A committee of Superior Court judges interviews applicants to discuss their interests, qualifications and the duties they will be expected to undertake.
In the spring there is a drawing by the Clerk of the Court , which reduces the list of prospective jurors to the thirty people who will be in the final draw.
The law provides that the presiding judge may hold over as many as ten members from the previous grand jury to be included in the total of nineteen jurors. Alternates may be selected to replace any juror unable to complete a full term.
The final nineteen are chosen by drawing at the end of June of each year and serve a one year term (July 1 through June 30). Some jurors may be held over from the prior year's jury. The new Grand Jury is then sworn and instructed. Those names not drawn may remain as Grand Jury alternates to fill any vacancies that occur.
Persons selected for grand jury service must make a commitment to serve a minimum of 20 hours per week for the term of service. It is not uncommon for grand jury members to serve four and sometimes five days of any given week.
Grand jurors are remunerated by per diem based on actual number of days required in service. They are also reimbursed for personal vehicle usage at the prevailing rate per mile.
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| How is the Grand Jury structured? |
- The presiding judge selects a foreperson for the Jury.
- The foreperson selects a foreman pro-tem, a recording secretary,an assistant sergeant-at-arms and a sergeant at arms.
- Committees are then formed. Each juror may serve on several committees. These committees include:
- Administration and Audit Committee
- Cities and Joint Powers Committee
- Continuity and Tracking Committee
- Edit and Final Report Committee
- Health, Education and Social Services Committee
- Law and Justice Committee
- Public Relations and Recruiting Committee
- Special Districts
- AD HOC Committees
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| These committees conduct the majority of the work concerning investigations. A general business meeting is held weekly with all Grand Jury members present to coordinate activity.
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| What does the Grand Jury do? |
| The Grand Jury: |
- Will objectively investigate, audit or examine all aspects of County government, and its cities, to insure that these bodies are being effectively governed and that public monies are being judiciously handled.
- May subpoena persons and / or records to obtain information on subjects under investigation.
- Is sworn to complete confidentiality as it pertains to complaints, witnesses or content of investigative matters. They may not disclose any information they receive within the confines of the jury or the identity of anyone appearing before them, unless permission is given.
- May conduct criminal hearings to hand down criminal indictments. After hearing evidence presented by the District Attorney's office, an affirmative vote of at least 12 out of 19 jurors is necessary to indict. All hearings pertaining to criminal cases are conducted in complete secrecy regardless of their outcome.
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| What is the "Final Report"? |
| The Grand Jury's Final Report is an annual report containing a
summary of the findings and recommendations of each committee plus general information
about the County and the Grand Jury. The Grand Jury issues its Final Report to the Presiding
Judge at the end of its term. Portions of the Final Report pertaining to investigation results during
the year may have been previously released to encourage action on urgent matters. These reports are available
to the general public and the media.
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| Elected officials are required by law to respond to each recommendation contained in Final Report(s) within 60 days of issuance. Other County entities must respond to each recommendation within 90 days. |
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| Who can request a Grand Jury investigation? |
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| The Jury Investigates: |
- Possible felonies
- Charges of malfeasance (wrongdoing)
- Misfeasance (a lawful act in an unlawful matter)
- Nonfeasance (failure by public officials to perform a required act )
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| All Complaints: |
- Will be acknowledged
- Will remain confidential
- Will receive notice of action taken by Grand Jury
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| The Grand Jury's report on my department/agency required a response. What do I need to include in this response? |
| For purposes of subdivision (b) of Penal Code Section 933.05, as to each grand jury recommendation, the responding person or entity shall report one of the following actions:
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- The recommendation has been implemented, with a summary regarding the implemented action.
- The recommendation has not yet been implemented, but will be implemented in the future, with a timeframe for implementation.
- The recommendation requires further analysis, with an explanation and the scope and parameters of an analysis or study, and a timeframe for the matter to be prepared for discussion by the officer or head of the agency or department being investigated or reviewed, including the governing body of the public agency when applicable. This timeframe shall not exceed six months from the date of publication of the grand jury report.
- The recommendation will not be implemented because it is not warranted or is not reasonable, with an explanation therefor.
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