Judge O'Brien Requires Truth-In-Advertising On Ballot
The next time Superior Court judges are up for election, remember to help elect Judge Robert H. O'Brien.Thursday, His Honor had the courage to issue a ruling fitting to a man addressed as "Your Honor:" he ruled that the City Clowncil's title for the ballot measure to extend their terms, i.e., "Councilmember Limits of Three Terms," is misleading. Result: the Clowncil will, at a minimum, have to relabel the ballot measure.
Is that great, or what?
The judge has not yet ruled on whether the measure is so defective that it must be removed from the ballot altogether. Stay tuned to see whether Judge O'Brien puts the "Denver boot" on this ballot measure.
I had a case in front of Judge O'Brien once, and he impressed me then, too. He was absolutely no-nonsense, he followed the law, and was witty, too! And he's just shown he has the courage to stand up to the City Clowncil in order to follow the rule of law. What more could you want in a judge?
And let us also thank and support the plaintiff who TOOK ACTION to fight this attempt to dupe the voters. THANK YOU NEIL DONNER. You've got my vote for whatever office you seek -- unless, you know, I'm seeking the same office.
Isn't it beautiful when things work the way they are supposed to?! Yes, it is. We are supposed to be a nation of laws, not an oligarchy of mini-tyrants.
You can read about it at the Daily News: http://www.dailynews.com/opinions/ci_4269886
And at the L.A. Times: http://www.latimes.com/news/local/politics/socal/la-me-termlimits1sep01,1,4708650.story?coll=la-news-politics-local
* * *
UPDATE: An anonymous poster says "This issue was argued by Jeff Jacobberger on behalf of Dan Pasley, both neighborhood council folk." If that's true, thanks to YOU, fellahs! Good work! You're protecting the public interest, and we, the public, appreciate it. Now go run for City Council, would you?
Posted by Walter Moore @ 9/01/2006 09:54:00 PM
45 Comments:
Just for the record, the Donner case is the one that will be dealt with on Sept. 6, also in Judge O'Brien's court. That's the one that seeks to remove the entire measure from the ballot.
This issue was argued by Jeff Jacobberger on behalf of Dan Pasley, both neighborhood council folks. They were up against one of the city's top election law attorneys, Stephen Kaufman.
Thanks. I'll update the posting re same.
My, My! Ain't that something!
Here' what Rocky Delgadillo told Garcetti & Clowncil about "Term Limits & Ethcic Reform Ballot Measure "R". (Remember, HE is Clowncil's Legal Council. They literraly told him, "Shut up and type it up."
Rocky says:
"A Charter amendment and municipal ordinance on the same ballot measure is CONFUSING TO VOTERS, and subjects the City to a possible court challenge.
Only the term limit portion reuqires a charter amendment and vote of the people. THE ETHICS PORTION DOES NOT.
And the other thing on the ethics side, The Ethics Commisionhas a charter mandated duty to VET proposals. Now that obligation HAS NOT been met with these proposals. The ethics commision has been LEFT OUT of the charter mandated role.
And something of this importance, you would want the Neigborhood Council to weigh in, too. I know there are a number of Councilmembers who would like to see that, too.
AND WE ALSO BELIEVE THAT SOME OF THESE PROVISIOS MIGHT ACTUALLY WEAKEN ETHICS LAWS. And there needs to be public input as an important part of the process.
ALL WE ARE ASKING, IS FOR YOU TO BE "HONEST" WITH VOTERS. DON'T HOLD ETHICS REFORM HOSTAGE TO ANOTHER AGENDA."
- R. Delgadillo/City Attorney
Once again Clowncil members have made complete assholes of themselves and to the nation. I hope Judge O'Brien rules and removes the ballot measure. When you read it there are TWO measures lumped in one. Its too confusing and misleading.
THANK YOU JEFF, JASON and others who fought for us and were our voice. You have our support and we will campaign hard with you to get this thing squashed.
Walter, I'm getting e-mails from people who want to thank Jason and Jeff. Is there a contact e-mail or number we can leave our thanks?
I know it may be hard because you have the clowncil member's staff out there trying to poision and do damage control.
I told the people to go onto DONE web site and they have contacts for NC's. But if there is a better e-mail let us know.
Daily Breeze....Dan Pasley of the Central San Pedro Neighborhood Council filed the lawsuit. His attorney, Jeffrey Jacobberger, is also a neighborhood council activist who has helped lead the charge against the term-limits measure. They have objected to the process -- especially the perceived lack of involvement of neighborhood councils -- more than to the substance of the measure.
This is for that idiot who doesn't think NC's hve any real power. How can Rocky's office defend the Measure in court next week if he's already on record stating that he was against it and his legal opinion is on record??????
I have to confess, I don't know who the gents are, but perhaps someone out there does and can post it?
I'd like to send them a thank-you myself.
This is just terrific. The villagers have finally gotten out the torches and pitchforks to storm Castle Frankenstein or Castle Dracula or whatever the appropriate metaphor is for the public finally succeeding in stopping one of the Clowncil's obscene maneuvers. (I know, that sentence was terrible, but I only just now started Cup No. 2.)
7:28
The lawsuit has nothing to do with them being NC activists...NCs really don't have ANY power
To contact the No on R people:
www.NotPropR.org
info@NotPropR.org
8:33, power doesn't have anything to do with what's in the City Charter. NCs are advisory, yes, but that isn't really relevant to the question of whether they have any POWER. Power is knowing how to work the system to your favor. Power is built in coalitions. Power is taken. If you don't understand that this represents the Power of Neighborhood Councils, you don't know much about government - or society.
9:24
I know more about government, society and power than you ever will.
And as 7:28 was stating that this reversal shows the power of NCs...it doesn't. It shows the power of being/hiring a lawyer. And the definition of political power is getting people to do things that you want them to do.
Good luck NIMBYs. I heard Kaufman can't be beat.
Zuma
Where is Zuma
Zuma
Where is Zuma
Zuma
Zuma for CD14
Zuma for CD14
Zuma for CD14
Zuma for CD14
Zuma for CD14
This was the first major legal victory of NC Members over the City of Los Angeles. These three NC activists are the first to hold the City accountable in a court of law.
This could become a trend. NC Members forcing the City to follow the law by suing them on a personal level.
If you don't think the NC's are gaining power, your head is burried in the sand of denial.
Councilman John,
you speak of effective NC members against City Council. Have you observed ineffective NC members, the dead weight, destructive, and greedy members who rule? Some of Mayor Sam's fans posted discontent with their NC board.
Thaqt NIMBY thing is really bullshit. It just shows you don't know ANYTHING about neighborhood councils. They just are almost never NIMBYs...
And, um, you must have heard that about Kaufman before last week, because according to he press reports, they lost on almost all their requests from the judge and the neighborhood guys won. So much for conventional wisodm.
this is such bullshit. Who gets to keep the money and it seems Antonio is once again prostituting himself.
Tuesday, September 19, 2006
...Lunch with the Mayor, at the Luxe Hotel on Sunset, lunch is $40. Tickets may be bought by going to the Greater WLA Chamber of Commerce Events www.@westlachamber.org. MaryAnn Roca, Co-Chair, Events Committee at 310-829-9100 or maryann@gatewayhotel.com
To FBI[17th floor]:
Who keeps money?
check this out my man
El Sereno Street Festival
Marcos Aguilar+ El Sereno Chamber + councilpimp keep money
INVESTIGATION INTO FUND-RAISING DINNER IS URGED WASHINGTON
Majority officials indicted in fund-raising investigation
Zuma's in El Sereno!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!
Zuma's in El Sereno!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!
All I am asking for is the documentation tonprove that these neighborhood councils support your file motion eand other things.
but no one has come forward as of yet.
Thanks for all the comments. I saw them all. Might be calling some of you for rides to some of these events.
And can someone lend me $40 (plus bus fare) so I can have lunch with The Mayor? (see 4:50P)
Big Z.D.
1:43 Anon -- of course I do, and have. There is discontent among any group, especially those of diverse backrounds. It is simple to paint them with one brush and call them ineffective, I choose to encourage them ro reach their full potential.
This was yet another example of Neighborhood Council members holding our city government accountable. That is the precise reason they exist.
Good evening ladies and gentlemen:
For the record, it was my understanding that Steve Kaufman was the camapign treasurer for either Nick Pacheco or Villabarbosa during a CD14 run a few years ago. Kaufman can be beat.
Jason can be reached through the Silverlake NC. Easy enough. You don't need a map with an "X" on it to find him.
Saw an old friend today as I was in port stocking up on supplies who says Samantha Allen-Newman really can sail out on the open seas. He was on a boat with her as skipper during a regatta. She runs a tight ship, doesn't shy away from hard wind and treats the crew well. Bugger regattas. No rum until the course is done.
Mrs. Newman, you need to sail with this pirate crew. Are you willing to sail with a pirate crew? Second call.
NUNEZ, ROMERO, PADILLA AND DELEON MUST WALK THE PLANK IN NOVEMBER.
Hey! I looked for Zuma at festival!!! Man, where was Zuma?
6:15 DGarza -- Over 50 NC's have filed official Community Impact Statements supporting the Council File issue. The documentation is on file with the City Clerk and attached to the official record -- HERE IS A LINK
http://cityclerk.lacity.org/CFI/Record_Preview.cfm?Document=133069&arraypos=1&LastRecord=1
File History
4-1-05 - For ref
4-1-05 - Ref to Education and Neighborhoods Committee
4-4-05 - File to Education and Neighborhoods Committee Clerk
4-11-05 - Communication from the Silver Lake Neighborhood Council, dated April 11, 2005, relative to community impact Statement.
4-12-05 - Communication from the Glassell Park Neighborhood Council, dated April 12, 2005, relative to community impact Statement.
4-20-05 - Communication from the Greater Griffith Park Neighborhood Council, dated April 20, 2005, relative to community impact Statement.
4-20-05 - Communication from the Mar Vista Community Council, dated April 20, 2005, relative to community impact Statement.
4-26-05 - Communication from the Historic Highland Park Neighborhood Council relative to community impact Statement.
4-30-05 - Communication from the Chatsworth Neighborhood Council, dated April 30, 2005, relative to community impact Statement.
5-2-05 - Communication from Greater Echo Park Elysian Neighborhood Council, dated May 2, 2005, relative to community impact Statement.
5-2-05 - Communication from Greater Valley Glen Neighborhood Council relative to community impact Statement.
5-3-05 - Communication from the Sunland - Tujunga Neighborhood Council, dated April 13, 2005, relative to community impact Statement.
5-4-05 - Communication from the Granada Hills North Neighborhood Council, dated April 29, 2005, relative to community impact Statement.
5-6-05 - Communication from Greater Valley Glen Neighborhood Council, dated May 12, 2005, relative to community impact Statement.
5-12-05 - Communication from the Northridge West Neighborhood Council, dated May 11, 2005, relative to community impact Statement.
5-15-05 - Communication from Greater Echo Park Elysian Neighborhood Council, dated May 15, 2005, relative to community impact Statement.
5-27-05 - Communication from Granada Hills North Neighborhood Council, dated April 29, 2005, relative to community impact Statement.
6-6-05 - Communication from the Department of Neighborhood Empowerment, dated May 27, 2005, relative to a request for a practice through which a City Council file would be created and referred to a committee after a Neighborhood Council governing board, in a public meeting, has taken a position asking that the City Council consider a new issue of citywide or regional importance.
6-7-05 - Ref to Education and Neighborhoods Committee - to Committee Clerk
6-17-05 - Re-referred to Education and Neighborhoods and Rules and Elections Committee - to Education and Neighborhoods Committee Clerk
6-23-05 - Communication from the North Hills West Neighborhood Council, dated June 20, 2005, relative to community impact Statement.
6-23-05 - Communication from the Mid City WEST Neighborhood Council, dated June 23, 2005, relative to community impact Statement.
6-24-05 - Communication from the North Hills West Neighborhood Council, dated June 23, 2005, relative to community impact Statement.
6-27-05 - For ref - Communication from the Department of Neighborhood Empowerment, dated June 27, 2005, relative to the Non-community impact Statements received from neighborhood councils initiating or impacting City policies.
6-30-05 - Communication from the Boyle Heights Neighborhood Council, dated June 30, 2005, relative to community impact Statement.
7-5-05 - Ref to Education and Neighborhoods Committee
7-5-05 - File to Education and Neighborhoods Committee Clerk
7-6-05 - Communication from the Arroyo Seco Neighborhood Council, dated June 23, 2005, relative to community impact Statement.
7-7-05 - Communication from the Harbor Gateway North Neighborhood Council, dated July 5, 2005, relative to community impact Statement.
7-19-05 - Communication from the Central San Pedro Neighborhood Council, dated June 14, 2005, relative to community impact Statement.
8-22-05 - Communication from the Valley Village Neighborhood Council, dated August 22, 2005, relative to community impact Statement.
9-12-05 - Communication from the Van Nuys Neighborhood Council, dated September 9, 2005, relative to community impact Statement.
12-14-05 - For ref - Communication from the Chief Legislative Analyst 05-12-1878, dated December 14, 2005, relative to the proposed policy on the receipt of community initiative statements from Neighborhood Councils, method of implementation, and the fiscal impact.
12-14-05 - Ref to Education and Neighborhoods Committee - to Committee Clerk
1-23-06 - File to Rules and Elections Committee Clerk
3-3-06 - Communication from the MacArthur Neighborhood Council, dated February 3, 2006, relative to community impact Statement.
8-8-06 - Communication from the Historic Highland Park Neighborhood Council, dated August 8, 2006, relative to community impact Statement.
8-7-06 - Communication from the Eagle Rock Neighborhood Council, dated August 7, 2006, relative to community impact Statement.
8-9-06 - For ref - Communication from the Chief Legislative Analyst 05-12-1878, dated August 9, 2006, relative to an alternative proposal that would allow certified Neighborhood Councils to submit Community Initiative Statements (CISs) to City Council, upon approval of a certain number of Neighborhood Councils.
8-10-06 - Ref to Education and Neighborhoods and Rules and Elections Committees - to Education and Neighborhoods Committee Clerk
8-16-06 - Council Action - REFERRED back to Education and Neighborhoods and Rules and Elections Committees.
8-31-06 - File to Education and Neighborhoods Committee Clerk
This might be a small step, but it is in thr right direction.
I look forward to hearing about what happens on Sept. 16 in Judge O'Brien's courtroom. If by some miracle this measure is removed from the ballot... wow, what a kick in the a-- that will be to the clowns of City Council.
it is not even near 50.
I think that there need to be more neighborhood councils on board.
I stilll beleive that only three neighbohrood councils is not a good enough threshold.
What I beleive is that if the NEighborhood Councils and the City council become convoluted the chances of holding the City accountable decreases. Thus , I don't support the Community Initiative Statements (CISs) to City Council.
What I don't understand is that there have been many council motions initited by the recommendations of neighborhood councils. Esp. the Downtown Los Angeles NEighbohrood council.
Look up gallery row etc.
1. The ballot for term limit extensions is still ambiguous . I do beleive that the seperation of the ethics reform and the term limit extensions should hvae been seperated.
2. Incumbents have a better chance of beating termed out state legislators at the local level , not neighborhood council leaders.
3. neighborhood council leaders should continue to shoot for higher office in the legislature of the state of california. The future of city governement now resides with those who have connections with both local and state publicly elected officials.
4. Having three terms on the city council makes those termed out legislators look for higher offices and move on.
5. this is why I voted for HAhn , amongst other reasons , because he was a local politician who did not have his eyes set on higher office and would continue to work at the local level.
6. this now reminds me of the military. Officers are trained at all levels of command and leadership . Form serving as platoon commanders in a platoon , to moving to regimental levels as s3 or s2 officers , and then back down to company level to serve as an executive officer , then to battalion level to work in s-1 or s-2 or s-3 0r s-4 , then back to compnay level to serve as company commander , then afterwards to battalion , to regiment, etc etc Basically
this has become musical chairs. But they are himbled before moving on to even higher office.
Some of these people are not good at executive postions and some are.
We saw this with Antonio. He sucked at being a city council person , but he looks to be a good city manager in the position of mayor.
It is sad to say that local neighbohrood council leaders have been forced to play second fiddle to
more experienced politicians and may not win any city council seats in the future , but may continue to hold many commission seats. After learning the paces there., Then they can be groomed to become city officers , but at the expense of not coming directly from the neighborhood councils.
I beleive three terms would alleviate this problem. Three terms would allow the incumbent to win and maybe during the next election cycle as the neighborhood councils continue to become more effective , can muster their people and posture for the run against the incumbent and the termed out legislator. I am seeing a pattern in those who have come from the state and they look very ineffectual because they were very far away and not in touch with the local public.
Neighborhood council leaders need to step out of their comfort zone and cross into different neighborhoods and become known to all . You have got to , or you will lose against the well run and well moneyed termed out state legislator.
I beleive three terms would benefit us because if we can get our local folks into city governement we can have them for three terms instead of the two.
Thus that is why I believe the city council doesn't care one way or another if they win this ethics reform package , because these incumbents can't win anyway. So I beleive the real reason that the ethics reformn was instituted with the term limit extensions was so that it could be defeated.
Thus , without the ethics reform , if you win next week , which I beleive you will ..... The city council members have wone because they can lobby with the city once their terms are up and still have jobs.
So , like my doctor said if you aren't paranoid in politics , then there is something wrong with you.
The defeat of the R . IS the win for lobbyists that are former city council members who have the institutional memory.
By defeating R you have still allowed those who lose next year to still become hired by the city and lobbyists who lobby with the city.
Councilmember of 14th District Jose Huizar and The Greater El Sereno Chamber of Commerce
Presents the 2nd Annual - LABOR DAY WEEKEND! El Sereno Street Fair
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ZUMA DUDE
What's your email?
ZUMATHEFAG@NETZERO
The legal victory does not reflect any power by Neighborhood Councils. Rather, it reflects the power held by a Superior Court Judge. Neighborhood Councils did not stop this ballot measure; Judge O'Brien did.
Indeed, if the Neighborhood Councils actually had any power, this measure would never have made it onto the ballot without having first been vetted by them.
Zuma's e-mail can be found on zumadogg.com
Walter, Mr. Attorney can't someone even an ordinary citizen file a federal exemption on Prop R to have it removed from the ballot because it is convoluded and contains two separate measures at the same time? The reason why I'm saying FEDERAL EXEMPTION cause the city won't have time to get specialized attorney's without the consent of the clowncil members to fight it in court because it will be decided by O'Brien on SEPT. 6th. The Federal court can step in and stop it......Does anyone know of this can be done?????
Walter you are a complete moron. You are so anti-NC that you refuse to give them credit for anything.
NC members formed the no on R campaign.
NC members began the battlecry against it.
NC members wrote the ballot argument AGAINST R.
NC members filed a lawsuit.
NC members argued that lawsuit before the superior court.
NC members got the victory.
Now that NC members have found and used a new tool, the legal system, the City may think twice before they pull this shit again.
Power percieved is power achieved.
Walter:
What stupid comments. That's evidence of why you will never come anywhere close to getting elected to public office. You're doomed to being a blogger.
The City Ethics Commission has actual voting power, and they got by-passed, and couldn't keep the measure off the ballot.
Speaking on behalf of some Ethics commissioners, who couldn't legally say anything once the measure was placed on the ballot, the NCs won victories in court.
My advice to you, if you truly plan to run for office again, is don't seize every opportunity that comes along to display your ignorance.
And, since you're an attorney, you could have been the one bringing the legal actions, and then you'd actually have something productive to put on your resume.
Jim Sutton, lawyer for the Lobbyists Assn., writes the term limits extension measure for his clients; measure is then approved for the ballot by the City Council. Then, if you are correct, measure is defended in court by Steve Kaufman, another of the lobbyists' attorneys. Then, Bell, McAndrews, yet another political law firm that represents lobbyists, will be in court next week in the lawsuit to keep the measure off the ballot altogether?
Guess all the bases are covered here, huh???? Keep the council happy on the one hand, and look to pull the rug out from under with the other hand???
Captain Sparrow:
I'll sail with you on one condition - that whatever we do we do by, for and on-behalf of NC's. I'm a product of the NC system and agree with the earlier poster who stated that NC leaders should shoot for higher office. That's one of the reasons I decided to run for State Assembly; if the City Council won't listen to NC's, I sure will.
And yes, I have sailed previously in regattas. When I'm out on the water, I sail to win so be prepared to make it a team effort. I've never flown a skull and crossbones before, but then again I'm somewhat of a rebel anyway.
One last question. Do I have to wear one of those goofy looking hats or can I just be me?
PS: E-mail me and we'll go real sailing out in the bay. I want to see what it is you sail and whether or not you can sail your own boat.
Samantha Allen-Newman
Republican Nominee
AD-45
myspace.com SamForAssembly
Excellent reasoning! You must have made an A+ in your logic course!
"The people who filed the lawsuit are from Neighborhood Councils, THEREFORE Neighorhood Councils have power."
Could you please explain to me the part where the existence of Neighborhood Councils somehow caused the filing of the lawsuit or the issuance of the injunction?
It seems to me your "logic" also proves the power of wristwatches. The men who filed the lawsuit both wear wristwatches, and they wore them to court, therefore wristwatches exude political power.
Remember that logic next time you accuse the ACLU of having to much power.
DOUGH!!!!
This entire thread has demonstrated how much of a Moore-on Walter really is. First citing the wrong plaintiff then this ridiculous display of ignorance.
Walter the 3 parties involved opposing the term limit extension are from Neighborhood Councils. Dan Palsey is from San Pedro NC and he filed the lawsuit. Jeff was the attorney who argued. Also, many NC's now have the term limit extension on their agendas and will soon be filing negative impact statement on it. That will be submitted to city council.
you City council wannabees are destroying Mayor Sam's once interesting and informative blog. You're too boring. We all know that 90% of NC members will run for public office but doing it on a daily basis is wearing thin. let's get some meat back here. Where's the juicy inside gossip? Where is the skinny on who's council deputy is under investigation for shaking down developers? Where's the Beef?
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