REPORT TO COUNCIL
SUBJECT
Title
Action on the City Council's Response to the Santa Clara County Civil Grand Jury Report Entitled "Irreconcilable Differences: Santa Clara City Council"
Report
COUNCIL PILLAR
Enhance Community Engagement and Transparency
BACKGROUND
On June 12, 2024, the Santa Clara County Civil Grand Jury published a report entitled "Irreconcilable Differences: Santa Clara City Council" (Civil Grand Jury report) (Attachment 1). The Civil Grand Jury report includes various findings and recommendations. California Penal Code Section 933(c) requires that a governing body of the particular public agency or department that has been the subject of a Civil Grand Jury final report to respond within 90 days on the specified findings and recommendations pertaining to matters under the control of the governing body.
On July 9, 2024, the Civil Grand Jury's findings and recommendations were presented to the City Council and staff requested input from the Council on the desired process for providing the City's response. The Council directed staff to prepare draft responses to the Civil Grand Jury report, including a process and options for developing an ethics program for further Council input and direction at a meeting to be scheduled as soon as possible but no later than in time for a timely response to the Civil Grand Jury.
The Penal Code outlines the following legal requirements for responses:
Response Standard for Findings
Penal Code Section 933.05(a) requires the responding entity to report one of the following actions for each Civil Grand Jury finding:
1. The respondent agrees with the finding.
2. The respondent disagrees wholly or partially with the finding, in which case the response shall specify the portion of the finding that is disputed and shall include an explanation of the reasons therefor.
Response Standard for Recommendations
Penal Code Section 933.05(b) requires the responding entity to report one of the following actions for each Civi...
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