Staff Report. Grand Jury Ballot Measure Response
PREPARED BY: Bridgette Falconio, Administrative Technician
Gabrielle Whelan, Town Attorney
Reviewed by: Town Manager, Assistant Town Manager, Town Attorney, and Finance Director
110 E. Main Street Los Gatos, CA 95030 ● (408) 354-6832
www.losgatosca.gov
TOWN OF LOS GATOS
COUNCIL AGENDA REPORT
MEETING DATE: 12/20/2022 ITEM NO: 12
DATE: December 20, 2022
TO: Mayor and Town Council
FROM: Laurel Prevetti, Town Manager
SUBJECT: Review and Approve the Town’s Response to the 2022 Civil Grand Jury of
Santa Clara County Report Entitled, “If You Only Read the Ballot, You’re Being
Duped.”
RECOMMENDATION:
Review and approve the Town’s response to the 2022 Civil Grand Jury of Santa Clara County
Report entitled, “If You Only Read the Ballot, You’re Being Duped.”
BACKGROUND:
On October 7, 2022, the 2021-2022 Civil Grand Jury of Santa Clara County released a report on
the clarity of ballot measure questions. The Grand Jury Report proposes that an oversight person
or body be empowered to review and reject the wording of ballot questions if deemed to be
false, misleading, or partial to one side. The Grand Jury’s final report is included as Attachment
1.
Pursuant to Penal Code sections 933 and 933.05, the Grand Jury requested a response from the
Town of Los Gatos and other jurisdictions that may place measures on the ballot. Specifically,
the Town of Los Gatos and 22 other governing bodies were asked to respond to Finding #1 of the
report and report Recommendations 1b, 1c, and 1e. Penal Code section 933(c) requires the Town
Council to provide a response within 90 days, by no later than January 5, 2023. A draft response
letter is included as Attachment 2.
PAGE 2 OF 3 SUBJECT: Santa Clara County Civil Grand Jury Report DATE: December 20, 2022
DISCUSSION:
The Grand Jury investigated the clarity of ballot measure questions countywide. The Grand Jury
identified two ballot measure questions, prepared by other local agencies in the County, that
were potentially misleading. The Grand Jury’s final report includes the following finding and six
recommendations:
Finding #1:
The Civil Grand Jury finds that in the current environment, which is unregulated at the local level,
it is easy for the author of a ballot measure question to write the question in a way that is
confusing or misleading to voters.
Recommendation 1a:
The Board of Supervisors should ask the County Counsel to review all ballot questions submitted
to it pursuant to Recommendation 1b.
Recommendation 1b:
Governing entities within Santa Clara County should voluntarily submit their ballot questions to
the County Counsel for review prior to submission to the Registrar of Voters, unless and until
Recommendation 1d is implemented.
Recommendation 1c:
Governing entities within Santa Clara County should, by March 31, 2023, adopt their own
resolution or ordinance to require submission of their ballot questions to the County Counsel for
review prior to submission to the Registrar of Voters, unless and until Recommendations 1d and
1e are implemented.
Recommendation 1d:
The County should create an independent, citizen-led oversight commission like the
recommended Good Governance in Ballots Commission as described in the “Solutions” section
of this report. The Commission should be implemented by August 1, 2024.
Recommendation 1e:
Governing entities within Santa Clara County should submit their ballot questions for review by
the Good Governance in Ballots Commission pursuant to Recommendation 1d.
Recommendation 1f:
The County should, by March 31, 2023, take appropriate action to request that the state
legislature consider amending current law to require the County Counsel to review and approve
local ballot measure questions before they are voted on.
PAGE 3 OF 3 SUBJECT: Santa Clara County Civil Grand Jury Report DATE: December 20, 2022
DISCUSSION (continued):
The Grand Jury Report requests that the Town of Los Gatos respond to Recommendations 1b, 1c,
and 1e only. The proposed response partially agrees with Finding #1. The proposed response
disagrees with Recommendations 1b, 1c, and 1e, for the reasons set forth in the letter, which
include the following:
1) The Elections Code already contains a remedy in the event that an individual considers
ballot measures materials to be misleading. If the current Elections Code remedy is not
satisfactory, those seeking a change to the process could propose an amendment to the
Elections Code.
2) Ballot measures, including ballot questions, are reviewed by the Town Council at public
meetings, which already provides an opportunity for the public to request clarification.
3) There is often a tight timeframe for getting ballot measures on the ballot, which does not
afford the Town the time to consult with separate government agencies.
If approved by the Town Council, the response letter will be submitted to the Presiding Judge of
the Santa Clara County Superior Court before the response deadline.
CONCLUSION:
Staff recommends approval of the letter with the detailed response as contained in Attachment
2. Once approved by the Town Council, the letter will be transmitted to the Santa Clara County
Civil Grand Jury, the Presiding Judge, and the Clerk of the Santa Clara County Superior Court.
COORDINATION:
The Town’s proposed response was coordinated with the Town Manager’s Office, Clerk’s
Department, and Town Attorney’s Office.
FISCAL IMPACT:
There is no fiscal impact for approving the response to the Civil Grand Jury on this matter.
ENVIRONMENTAL ASSESSMENT:
This is not a project defined under CEQA, and no further action is required.
Attachments:
1. Santa Clara County Civil Grand Jury Report dated October 7, 2022
2. Proposed response to the Santa Clara County Civil Grand Jury