RESPONDENT'S POINTS AND AUTHORITIES IN OPPOSITION TO PETITION TO QUASH SUBPOENA DUCES TECUM: CITY OF CARMEL-BY-THE-SEA, Moving Party, v. MONTEREY COUNTY CIVIL GRAND JURY, Respondent. Case NoM131242, SUPERIOR COURT OF THE STATE OF CALIFORNIA COUNTY OF MONTEREY

ABSTRACT:  Attorneys for Respondent 2014-2015 MONTEREY COUNTY CIVIL GRAND JURY, CHARLES J. McKEE, County Counsel and LESLIE J. GIRARD, Chief Assistant County Counsel, County of Monterey, submitted RESPONDENT'S POINTS AND AUTHORITIES IN OPPOSITION TO PETITION TO QUASH SUBPOENA DUCES TECUM in CITY OF CARMEL-BY-THE-SEA, Moving Party, v. MONTEREY COUNTY CIVIL GRAND JURY, Respondent. Case No. M131242, to SUPERIOR COURT OF THE STATE OF CALIFORNIA COUNTY OF MONTEREY.  Arguments include RULES OF STATUTORY CONSTRUCTION, ROLE OF THE CIVIL GRAND JURY, THE GRAND WRY IS ENTITLED TO THE RECORDS, GRAND JURY SECRECY REQUIREMENTS PROTECT THE PRIVACY INTERESTS OF THE EMPLOYEES AND OFFICIALS, PRODUCTION OF THE RECORDS TO THE GRAND JURY WILL NOT RESULT IN DISCLOSURE TO OTHER THIRD PARTIES and A PROTECTIVE ORDER IS NOT NECESSARY. CONCLUSION The plain language and legislative history of Section 925a compels a conclusion that the Grand Jury is entitled to the Records because it has initiated an investigation into matters affecting the City and the Records are relevant to that investigation. In addition, the confidentiality and secrecy obligations imposed on the Grand Jury will maintain the confidentiality and privacy interests of the employees such that any right to privacy will not be infringed. The petition should be denied and, because the end of the Grand Jury's term is approaching, the City should be ordered to comply with the Subpoena forthwith.  And significantly, “The State Interest In Allowing A Grand Jury To Fulfill Its Watchdog Function Outweighs The Privacy Interests Of The Employees In Their Personnel Records Due To The Confidentiality And Secrecy Obligations Of the Jury.” The RESPONDENT'S POINTS AND AUTHORITIES IN OPPOSITION TO PETITION TO QUASH SUBPOENA DUCES TECUM document is embedded.

Respondent's Points and Authorities in Opposition to Petition to Quash Subpoena Duces Tecum

RESPONDENT'S POINTS AND AUTHORITIES IN OPPOSITION TO PETITION TO QUASH SUBPOENA DUCES TECUM
CITY OF CARMEL-BY-THE-SEA, Petitioner, v. 2014-2015 MONTEREY COUNTY CIVIL GRAND JURY, Respondent.
Case No. M131242
SUPERIOR COURT OF CALIFORNIA
COUNTY OF MONTEREY