County's grand jury blasts local agencies

In the past few months, one of San Joaquin County's top citizen watchdogs has been howling.

The San Joaquin County Grand Jury recently ripped San Joaquin Delta College, Stockton Unified School District and the San Joaquin Regional Transit District, and conducted other investigations.

Jury members determined that all three of the agencies suffered from dysfunctional leadership and questioned their ability to provide adequate oversight on spending public funds.

While the jury's findings and recommendations received a great deal of publicity, most average citizens probably aren't aware of what the jury is, who sits on it and exactly what kind of power it has.

"The civil grand jury is pretty much the purest form of citizen oversight," said Scott Fichtner, chief deputy district attorney who coaches jurors on interview techniques and how to question witnesses.

"It generates and starts public discussion about government performance," Fichtner said. "Last year is a pretty good example. The regional transit district, Delta College and Stockton Unified hopefully were all reports that generated debate in the community."

The civil grand jury consists of 19 jurors and 11 alternate members. It is a cross-section of county residents who are independent of any political or special-interest group.

Civil grand jury

Purpose: To investigate local government agencies, such as the cities, county, school districts and special districts.
Members: 19, plus 11 alternates.
Qualifications: Must be American citizen, at least 18 years old, San Joaquin County resident at least a year prior to selection, sufficient knowledge of English to communicate orally and in writing. A grand juror cannot be a trial juror in any California court, an elected official or be convicted of malfeasance in office or convicted of a felony or other high crime.
How cases are selected: They come from a pool of applications submitted by local residents. To submit a complaint, download the complaint form at www.stocktoncourt.org. You must include your name, address and phone number, explain the nature of the complaint and provide detailed information, action requested and contact information of witnesses who can substantiate the complaint.
Adviser: San Joaquin County Superior Court Judge George Abdallah.
Pay: $15 per meeting, plus 34 cents mileage reimbursement.

Criminal grand jury

Who serves: People who come from pool for trial jurors.
Number of cases: 20 to 25 per year.
Difference from regular court system: The defendant and his or her attorney are not present for the grand jury hearing. The deputy district attorney prosecuting the case must also present evidence that could reduce charges or point to the defendant's innocence.
Source: San Joaquin County Grand Jury Judge George Abdallah

2007-08 grand jury

David Renison, foreman, Stockton
Rhodesia Ransom, vice forewoman, Tracy
Patricia Van Oss, secretary, Lodi
Archie Atwood Jr., Stockton
John Bayley, Stockton
R. Donald Behler, Stockton
Carol "Sue" Bosch, Tracy
Darla Buckley, Manteca
Jerrell Croskrey, Stockton
John Edwards II, Tracy
Gary Gregg, Stockton
Don Henkel, Stockton
Gary Krahmer, Stockton
Pete Mitracos, Tracy
Richard Rogers, Stockton
David Simpson, Lodi
Denise Snider, Tracy
Robert Whitaker, Stockton
Bob Young, Tracy

2008-09 grand jury

James Allen, Tracy
Emily Anderson, Manteca
Douglas Brewer, Stockton
Oreaser Brown Jr., Stockton
Paul Burdick, Stockton
Jerry Croskrey, Stockton
Shirleen Dean, Stockton
Daniel Flores, Stockton
Yvonne Goodman, Stockton
Janice Ivey-Smith, Stockton
Clifford Kerr, Stockton
Patricia Meintasis, Stockton
Joseph Murray, Tracy
David Renison, Stockton
Gerald Schippers, Stockton
Seiji Shibata, Stockton
David Simpson, Lodi
Dianne Timan, Tracy
Robert Walsh, Stockton
Source: San Joaquin County Grand Jury

"One of the things I enjoy most about the grand jury is teamwork," said David Simpson of Lodi, who is serving his second year on the grand jury. "It is amazing to me how a group of 19 individuals with different socio-economic backgrounds and life experiences can unite and work together as a team. I have not had that same feeling since serving in the Army many years ago."

After residents apply to be on the grand jury, Superior Court Judge George Abdallah, who advises the grand jury, interviews them to make sure there is no conflict-of interest issues and that they have the time to serve.

Then Abdallah submits the names to all the Superior Court judges in the county for their consideration. After the judges make their selections, the names go into a pool to select the 19 jurors, Abdallah said.

Simpson says the jurors are diligent in their duties and don't have an agenda for serving.

"With all of the publicity surrounding the 'big three' cases undertaken by the last grand jury, it gives the impression a grand jury investigation is a witch hunt. My experience is just the opposite," Simpson said. "The grand jury simply shines a light on government, be it good or bad."

The "big three" cases in the 2007-08 fiscal year, according to Simpson, involved Delta College, Stockton Unified School District and San Joaquin Regional Transit District.

Some of the jurors are retired while others have full-time jobs. They spend every Wednesday for a full year investigating cases and conducting interviews, Abdallah said. But they spend time on other days to interview people or tour government buildings.

"When we were working the Delta College case, I was up'til two in the morning writing reports," Simpson said. "You have to go back over the interviews we conducted."

"It started impacting vacations," he said. "We farm a little east of Lodi. (The grand jury) made it into a third job."

Abdallah, who has advised the grand jury since 2002, acknowledges that the grand jury has no real teeth, but the public will get an idea whether the grand jury has had a great effect on a government agency.

The jury picks the cases it chooses to investigate based on complaints filed by the public, and what is worth its time and effort, Abdallah said.

People the jury wants to interview are required to testify. If they refuse, the grand jury can request a subpoena from the court, Abdallah said. If the person doesn't show up, he or she will be guilty of contempt of court, he added.

Agencies the grand jury investigates aren't required to comply with the recommendations, but they must respond to them in writing.

"I think this is a wonderful thing about democracy that the power really, really drives from the citizenry," Abdallah said. "We see that at work with the grand jury, not just when we vote."

In San Joaquin County, the grand jury meets every Wednesday to tour public agencies, interview public officials and write its reports. But jurors must also squeeze in other time during the week to complete their work. Sometimes they work in subcommittees of four or five to take on a particular topic.

Simpson thought he knew a lot about San Joaquin County government through his interaction with county agencies through his job with the U.S. Department of Agriculture.

That was until he was served on the county grand jury.

"Boy was I in for a shock," said Simpson, who lives in Lodi. "I realized I didn't know anything about the county."

Simpson credited Fichtner and Trisa Martinez, the grand jury secretary, for making it possible for the grand jury to do its job.

Simpson said he decided to serve a second year at the foreman's request.

"I found it so interesting, unlike anything I've done before," Simpson said. "I'd recommend it to anybody who has some time available."

Contact reporter Ross Farrow at rossf@lodinews.com.

Reader Feedback

edumacation wrote on Oct 11, 2008 8:26 PM:

" To David: Ask your jury foreman to take a peek at local Lodi government. But no fair laughing. "

Report Abuse

Comments on this story are now closed.

Archives

Story Tools

Indexes