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  • City of Long Beach Elections Official V Board of Supervisors of LA Count...

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    Long Beach Post
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    The settlement signed by the City of Long Beach and community groups who were sued by the city over the language used in their ballot arguments against charter amendments that will be voted on in the November 6 election.

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    City of Long Beach Elections Official v Board of Supervisors of LA Count...

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    The settlement signed by the City of Long Beach and community groups who were sued by the city over the language used in their ballot arguments against charter amendments that will be voted on in the November 6 election.

    Copyright:

    © All Rights Reserved
    Scarica in formato PDF o leggi online su Scribd
    Segnala contenuti inappropriati
    1K visualizzazioni21 pagine

    City of Long Beach Elections Official V Board of Supervisors of LA Count...

    Caricato da

    Long Beach Post
    The settlement signed by the City of Long Beach and community groups who were sued by the city over the language used in their ballot arguments against charter amendments that will be voted on in the November 6 election.

    Copyright:

    © All Rights Reserved
    Scarica in formato PDF o leggi online su Scribd
    Segnala contenuti inappropriati
    di 21
    OFFICE OF THE CITY ATTORNEY Long Beach, California (CHARLES PARKIN beulaicoeerabigct City Attorney GaAs oct Mats ene Ce ey ‘me Late ‘mun re September 5, 2018 ; Gas ind tin ag ‘Statement RE: Judgment on Claim in Opposition to the Argument Writers of the beret “Argument Against Measure AAA” and “Argument Against Measure DDD” ‘mia ae ee Long Beach City Attorney Charles Parkin ane mana ‘ined See On September 5, 2018, the Superior Court of the State of California ~ County of Los tint Angeles ruled in favor of Long Beach Election Official, City Clerk Monique De la Garza. Ms. qyeueszim De la Garza had filed a claim in opposition to the argument writers of the “Argument Against Measure AAA” and “Argument Against Measure DDD,” two measures slated to appear on the November 6, 2018 ballot. The claim stated that argument writers submitted incorrect and misleading statements on the two proposed Charter Amendments and that those statements were inconsistent with the requirements of the California Elections Code. In ruling in favor of Ms. De la Garza, the court is requiring these incorrect and misleading statements to be corrected and replaced before they become a formal part of the voting process, and appear on the November ballot. Measure AAA, if adopted, would permit the Long Beach City Auditor to conduct, performance audits of City departments, boards, commissions and offices. The Measure would also grant timely access of all City records to the Auditor, Measure DDD, if adopted, would establish an independent city redistricting commission. The commission would be tasked with recommending Council district boundaries based on criteria such as population, and comply with the federal and state constitutions and other applicable laws. The commission would consist of thirteen commissioners, one from each Council district, and the remaining four would be selected by the established nine commissioners, This ruling brings closure to the incorrect and misleading statements that were originally submitted by the writers of the “Argument Against Measure AAA” and “Argument Against Measure DDD.” (hy Mul 883 West Ocean Boulevard Eleventh Foo, Long ech, Cafornia $0802.46 (52) 570-2200 Fax(662) 46-1579 Tories Canpetsn ton Bighth Foe (52) 570-245 Fx (2) 570-2220 COPY 1 | RICHARD 7. EGGER, Bar No. 162581 tichard.egger@bbklaw.com. WILLIAM, PRIEST, Bar No. 202654 William priest @bbidaw.com -AVIW. RUTSCHMAN, Bar No, 298922; AsLfumehnan@bbiacom jest Best & Krieger 2855 E. Guasti Road, Soite 400 Ontario, California 91761 +909) 989-8584 EXEMPT FROM FILING BEES PURSUANT TO GOVERNMENT CopE § 6103 CONFORMED-coPY. ORIGINAL FILED. Superior Cour of Galt ‘Couniy of Los Angjorws SEP 0S 2018 Sheri Carter, Exacutive OticwCierk By Fernando Becerra, a. Deputy COUNTY OF Los ANGELES : UNLIMITED JURISDICTION 2 Bb MONIQUE DE'LA GARZA, City of Leng. Case No, BS 174852 14 | Beach Elections Official, Pee 7 UNLIMITED JURISDICTION a Sones | ALTERNATIVE Whit oF | 16 v. | )R PEREMPTORY WRIT 17 | BOARD OF SUPERVISORS OF LOS | ANGELES COUNTY, DEAN LOGAN, MA LED TO. 18 || ‘im his Official Capacity as Registrar for CALENDAR PREFERENCE Votes for the County of Los Angeles, (CGP. §35; Hlee. Code $8 9295 and 13314 i i Detendac, Deemed Verified Pursuant to CCP § 446 2 | joan OVALE, an naiduat; ROBERT 21 | FOX, on ndivideal, RAE GABELICHL, an 2 3 4 5 6 | cms (909) 944-1441 + 8 5 0 a for Petitioner MONIQUE DE LA GARZA, City of Long Beach Elections Official SUPERIOR COURT OF THE STATE OF CALIFORNIA, individual; JOHN R. DEATS, and individual; and GLONNIS DOLCE, an individual, VE WRIT OR PaREUIPTORY WRIT ‘To Resipondenits Board of Supervisors of Los Angeles County and Dean C. Login, ‘Having reviewed tbe Amended Petition, arguments submitted by the partes, aiid the ‘Stipulation between Petitioner and Real Parties’ In Interest, the Court orilers as follows: ‘A. Respondents shall replace the carrent language contained in “Arguinent Against ‘Measure AAA,” attached hereto as Exhibit “A,” withthe language contained in ‘Exhibit "B.? attached heketoy -B. Respondents shall replace tte current language contained in “Measure AAA. Rebuttal,” attached hereto as Exhibit “C,” with the language contained in Exhibit “Dy” attached hereto; G. Resporidents shall réplace the curient language soniained in “Argument Agaiist Measure DIDD," attached bereto as Exhibit “E," withthe language contained in ‘Bxhibit 2." attached heretos and 1D, Respondents shall replace the euxtent Language contained in “Measure DDD Rebuttal,” attached hereto as Exhibit “G.* With the language Contained it Exhibit "H” attached hiesetd, . ' ‘Therefore you ate coitmianed, isomediately upon receipt of this wait; to'aniéad’ said material in the voter infoomation guide as instructed above, parep: SEP 05 2018 Exhibit A The City wants to sttip the Auditor of the power of oversight. How else can they ‘get away with al the stuff they ara dotng without disclosure? ‘This Amefdrnerit would substitute “TIMELY” for “IMMEDIATE” access to all does, Anyone who has tried to get information from the City of Long Beach knows that imely” means at least 4 months, The auditor would wait for months while the Staff shreds edits, rewrites, hides and altets the documents. We must maintain ‘the: WARRANT power of the office for everything without delay from: any departntent, commission, committee or poston of the tity, ‘The Auditor is elected by the people to’be an independent watchdog ori the actions of the government, a Check and Galatice for truth and accountability, This Amendment would rerriove'thia Auditor's ability to have CERTIFIED HARD ‘COPIES of all contracts in the City. No.one cain alter hard copy. We could only ise” “online digital copies". We all know about hacking, online scams, deceptive alterations. Trusting the internet is ike gambling. Not very good odds. Instead of an auditor we would get an enabler, a political lapdog, reporting to the ‘Mayor then the City Clerk, The’ Cleré. reports to the’ public. The Mayor. and “Management can bury afiy report; record ér document. Shall we- gut the City Auditor's, office of power and purpose, and turn it into @ rubber-stamping shill supporting an invisible government? itis Your choice: Stall we'amend the charter to remove the CHECKS AND BALANCES: ‘oh our City for the people or will we let corruption, waste, favoritism, secret meetings, undisclosed plans, graft and fraud flourish in our City? ‘The elacted office of City Auditor serves the People not the staff and politicians, NO.TO GUTTING OF THE CITY AUDITOR'S OFFICE ay REL One a WoW 3 9407 Was AUS agate AP Exhibit B City Hall wants to strip the Auditor of the power of oversight. The Clty Council crossed out the word “IMMEDIATE” from the Auditor's right to access to all documents and'substituted “TIMELY”. “Timely” rneans NOT IMMEDIATE. We must. maintain the warrant power of the office for full access, without delay, for all documents from any department, commission, comimittes, or position of the City. The Auditor is elected by the people to be an:independent watchdog on the actions of the government, a Check and Balance for truth and accountability. Instead of an auditor we could get an enabler, 4 political lapdog. ‘The Mayor and City Management could inadvertently misplace any report, record, or document. Shall we gut the City Auditor's ‘office of power and purpose and turn it into a rubber-stamping shill, supporting an invisible government? itis your choice, Shall wa amend the charter to remove a power of the Auditor's office which protects the people from possible. corruption, waste, favoritism, secret meetings, undisclosed plans, graft, and fraud? The elected office of City Auditor serves The People not the staff and politicians, NO'TO GUTTING OF THE CITY AUDITOR'S OFFICE. on072018 Measure AAA. Angoraent | Exhibit C ‘This Amendrhent will undermine the Auditor of the power of oversight. What is the City trying to get away with? The Auditor already has accessto all documents. This Amendment would strike out “IMMEDIATE” and, Substitute “TIMELY” for access to.all docs: ‘Anyone who has tried to get information from the City of Leng Beach kriows that “timely", means at the City's Wil. Soiall things, One Rou, large issues, tt could be months. The auditor might patiently watt while things could be shredded, editéd, and altered. We must maintain the WARRANT power of the office for everything without delay from any department, commission, committes or position of thie ty. ‘The Auditor is elected by the people to be an independent watchdog on the actions of the government, a Check anid Balance for truth and accourifability, Instead of an auditor we would get-a patient, trusting, undemanding

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