County Grand Jury acts as ‘civil watchdog’ over law enforcement
–The San Luis Obispo County Grand Jury has released a report titled, “Path to Transparency,” that addresses concerns that have been expressed about the behavior of law enforcement.
The report is as follows:
Over the last year, there have been a number of incidents involving various law enforcement agencies that have raised concerns within the community. Some believe that the agencies have not been transparent in releasing information regarding these incidents. This frustration has resulted in renewed calls for the creation of a “citizen review board” to oversee all local law enforcement agencies in San Luis Obispo County. These demands are based on an incorrect assumption that there is no organization tasked with that responsibility.
Article I, Section 23 of the California Constitution requires each County to summon one or more grand juries each year. The rights powers and duties of the grand jury are set forth in California Penal Code Sections 888-939. Based on these authorities, the San Luis Obispo County Civil Grand Jury (SLOGJ) is the legally recognized “civil watchdog” organization to investigate and report on the conduct and operations of local governmental agencies, including city police and the county sheriff’s departments. Lack of understanding on the authority vested in the SLOGJ can complicate and delay the timely execution of the SLOGJ’s investigatory responsibilities in areas of citizen concern.
In reviewing various sections of the Penal Code which provide the grand jury with broad authority to investigate the conduct of local government, including law enforcement, the Attorney General has stated:
Accordingly, the Penal Code empowers a grand jury in its civil watchdog function to examine any records of cities, counties, and special districts. Such records would include peace officer personnel records, including citizens’ complaints, in the custody of these public agencies.
We conclude that a grand jury may fulfill its obligations to investigate and report on the operations of county, city, and special districts by reviewing the agencies’ records, including peace officer personnel records. No “disclosure” would be involved to cause the loss of confidentially of the records. Accordingly, no subpoena or court order would be necessary to obtain the records which the grand jury has a right to examine and review. 79 Cal. Op. Att’y Gen. 185 (1996)
Likewise, in the case of City of Woodlake v. Tulare County Grand Jury, the Court of Appeal, Fifth District, determined that a civil grand jury was not required to comply with formal requirements for a subpoena duces tecum, including a good cause affidavit, when directing city police department and its chief to deliver records to the grand jury for inspection.
A citizen complaint about police conduct should first try to be rectified through the law enforcement agency and its chain of command. A citizen that does not receive satisfaction can address their concerns with the San Luis Obispo County Grand Jury by filling a citizen complaint form found on the grand jury’s website: https://www.slo.courts.ca.gov/gi/jury-grandjury.htm.
The full transcript of the grand jury report is at https://www.slo.courts.ca.gov/gi/jury- grandjury.htm This website also provides information on how to apply to become a grand juror. It also has the “Grand Jury Citizen Complaint Form” available for the public to submit complaints regarding county issues to the grand jury.
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