Saved by the gavel
Newsflash: Strategic Valley resident and Councilmember Richard Alarcón can exhale—for now. Measure R has been upheld by Superior Court Judge David Yaffe. David Hernandez, the Sister City eagerly awaits your reaction.
Labels: david hernandez, measure r, proposition r, Richard Alarcon
Posted by solomon @ 7/17/2007 05:02:00 PM
31 Comments:
RichardAlarcon.com
Thank you Ted and David for giving us a voice. You made us very proud. You brought the issue to the limelight even though city council wanted to hide it under the rug. They know what they did was wrong and they misrepresented the facts to the people.
but Hey, what goes around comes around and Antonio is now getting his bad karma. Those city council members will be next.
Whooo ha. Appeal that, yammering city councilish wannabes! Guess you're gonna have to wait ANOTHER 4-8 years for an open field.
(And here the Mayor Sammie trolls said the overturn of Prop R was a SLAM dunk on account of the judge handling it).
Guess again!
LOS ANGELES CITY ETHICS COMMISSION
Measure R Upheld
Measure R was upheld today by an order issued by Superior Court Judge David Yaffe in favor of the respondents in Hernandez v. County of Los Angeles, et al. We understand Judge Yaffe's order is expected to become final within 20 days, and the plaintiffs will then have 60 days to appeal the decision.
Today's ruling affirms the laws enacted through Measure R. Consequently, advice provided to date by the Ethics Commission regarding the provisions of Measure R that the Ethics Commission administers and enforces remains in effect at this time.
Among other things, Measure R did the following:
- Changed the number of 4-year terms that city councilmembers may serve from two terms to three;
- Modified the definitions of "lobbyist" and "lobbying firm";
- Banned lobbyist and lobbying firm contributions to city candidates and officials;
- Banned gifts of any value from lobbyists and lobbying firms to any city official for whom the lobbyist or firm is a restricted source (it also bans the receipt of those gifts by those city officials);
- Extended post-city service lobbying restrictions for elected officials from one to two years; and
- Established mandatory ethics training for city officials.
The complete text of Measure R, which was adopted by a margin of nearly 60%, can be found on the "Laws" section of our Web site at http://ethics.lacity.org/laws.cfm. Judge Yaffe's order can also be viewed on that page.
This message was sent by:
Los Angeles Ethics Commission
200 N. Spring Street
City Hall, 24th Floor
Los Angeles, CA 90017
(213) 978-1960
I certainly hope this is appealed. It is amazing to me how serious these professional pols get about hanging on to their multi-$$$ salaries, office staffs and perks. They lied to the voters. This should go to the US Supreme Court.
The voters get what they deserve. And if you don't like the representation you have, throw the bums out.
Once a politician is elected to either the LA City Council or LA County Board of Supervisors, it is virtually impossible to "throw the bums out" until their terms are up.
The districts are way too large for average citizens to compete with the dollars which are available to those who are currently sitting in these seats (i.e., donations easily come from developers, billboard companies and others who want favor from these electeds.)
6:35 pm must be a staffer for one of these electeds, or a party operative, because these people ALWAYS say "elect someone else" when they KNOW that incumbents are in for the life of their terms....that's why giving them LONGER terms was a dirty trick.
Yeah, yeah, 6:45. Tell it to Nick Pacheco and Jimmy Hahn.
They were "virtually impossibled" out after one term by a guy no one expected to ever keep any promises. And he's not walking a bit wounded.
All within a 24-month period.
I'll see your "virtual" and raise it with an two recent actuals.
"And he's NOW walking a bit wounded, himself."
OK - so I ought to have qualified that with "as long as their are no corruption or ethics problems which come to light" - THEN it is impossible to get rid of an elected in LA.
Here's but one EXAMPLE: Ruth Galanter, who, year after year became more and more unpopular in her district (so much so that it was no big deal to most in the district when she was banished to Pacoima for not supporting the new regime) - and all those who lived in the district here could do was complain.
The election turnout was less and less each time she was re-elected (less than 20% the last time, I think), because everyone knew she had the dough to defeat anyone who might try to oust her.
What the people who didn't like Galanter proved was that they couldn't organize themselves out of a paper bag. If the turnout was falling, that means it would have taken that many fewer additional anti-Galanter voters to beat her, and the whiners couldn't cut it. They rarely can
Interesting to recall that Galanter won office by defeating an incumbent. Hmmm.
Yaffe is the most reversed judge in LA Superior Court history. I'm betting on the judgment being reversed.
Don't go to the bank just yet, folks...
First zuma, now Ted Hayes: Are the homeless to run our city now? Guess it would save some money; we could just chip in for their vans, some gas and food, and they can meet in a park where the boring traditional types, including lobbyists in suits, can go and pay homage to them under a tree.
How long you think it would be before zuma and ted got corrupted by those lobbyists?
HERE IS REAL ANALYSIS:
(1) Why did Jaffe issue a tentative ruling FOR Hernandez and AGAINST the City, then reverse himself later? Truly odd. Sounds like someone got to him.
(2) How did Hernandez' delay affect things? This hearing was supposed to be before the election. Then it was supposed to be in April. It is now July, and Alarcon has settled well in. Why did Hernandez delay things so much?
(3) Will Hernandez appeal? An appellate court is likely to overturn Jaffe, as the previous poster mentioned. But does the litigant have it in him to see it through?
On July 14, 2006 The Los Angeles City Council President sent a letter to Los Angeles City Clerk, Frank T. Martinez
Dear Mr. Martinez,
“We have received a package from the League of Women Voters and the Los Angeles Area Chamber of Commerce proposing a ballot initiative for November 2006 which includes ethics reforms and term-limit extensions. Please assign the package a Council File number and agendize it for a Special Meeting of the Los Angeles City Council on Tuesday, July 18, 2006.”
Sincerely,
Eric Garcetti
President, Los Angeles City Council
Councilmember, 13th District.
The legal challenge to Prop R received a tentative ruling yesterday in favor of the Petitioners David Hernandez and Ted Hayes.
The City Attorney in her oral arguments argued that Prop R was not an initiative and was not subject to the single issue rule in the State Constitution.
Today Judge David Yaffe issued his final ruling and stated it was not an Initiative and was not in violation of the constitution.
David Hernandez and Ted Hayes are conferring with their attorney and will come to a decision as to what course of action to take from this point forward.
Thank all of you for you confidence, support and encouragement.
Politics in Los Angeles is not Childs play and life is not always fair. In fact, the Fair is in Pomona!
More news as it breaks.
David Hernandez
Bottom line is everyone including the media know that Prop R was done by corrupt standards. Not only rushing it on the ballot without any input but then placing it with another ballot measure that made it sound as if was good for the city.
Thanks to blogs and internet sites clowncil members are being slammed and every dirty thing they do is now being posted for all to read. If they think they won this battle, then think again. Karma is a bitch, just ask Antonio. Google his name and you get a lot of websites headlines saying "LA Mayor booed at Beckam rally.
First of all, it's Yaffe, not Jaffe.
Secondly, a tentative is just an indication of the way the judge is thinking before oral argument.
Thirdly, Yaffe is an unpredicable, whimsical fool, who rules on his own issues, even if they aren't raised by the parties.
Roger Grace wrote a great series of articles about "The Yaffe" in the Metropoliotan News which can be accessed electronically. He nails him as being a real jerk.
Yaffe is one of the worst judges in the LA Superior Court. He is constantly reversed by the Court of Appeals.
Garcetti pulled whatever strings his dad could to get it away from Judge Dzintra or whatever her name is.
This will be overturned.
8:53: How can Hayes, who's homeless, and Hernandez afford an attorney? I'm guessing they can't, and have one at our taxpayer expense? Or do you have some pro bono lawyer trying to make a reputation as a mucky-much?
Why do you care about this issue, and why should we care what you think? We don't -- go away. Apart from your having no real business sticking your noses into this, trying to overturn what the voters approved, it's worrying about term limits that keeps the CM's with one foot out the door soon as they get there. They can do their jobs better when they can settle in.
Dzintra or whatever her name is, is the one who was voted out, but genius Arnold reinstated her because he was persuaded that she was only rejected in favor of a less experienced woman candidate, because people couldn't pronounce her name.
She was voted out because she's a nasty bitch who always rules against everything, especially anyone in authority, using every benefit of the doubt to do so.
So she'd inevitably favor Hayes and Hernandez as "the underdogs," regardless of the merits of the case. The woman was a Lithuanian communist: not a bias, a fact.
Go for the Appeal....L.A. got sucker punched. How brazen of this City Council....don't let them be "above the Law" or we are all doomed!
did victoria beckham find a good manicurist yet?
Jay Leno found a new local joke to replace you-know-hu: Cardinal Mahoney's people unfortunately have lost their "pedo-files."
And as for the hooking senator: The wife said, "our marriage is stronger than ever, so guys, here's a message to you: if your marriage is in trouble, get a hooker."
"Al Qaeda is getting serious about sneaking into the United States: they're learning Spanish."
11:15
I believe so but I'll confirm for you
I love how people who probably don't do shit to help their neighborhoods or city personally attack people like David and Ted who at least had the guts to go after a ballot measure that was written up to confuse voters. Yes, it passed but remember 229,000 people also VOTED NO. That's a lot of people who weren't fooled by the clowncil. Also, the newspapers had opinion pieces stating what bullshit Prop R was. I say appeal and make them squirm as long as you can.
People who attack Ted Hayes do not know Ted Hayes. God bless him. He just doesn't talk the talk. And Prop R was a disgrace. Those ethics laws should have been in effect decades ago. Tagging on the increase in terms was plain extortion. It should be appealed.
to 9:23 pm: Generally, only criminal defendants are entitled to legal representation without charge. This is a civli case and civil cases are a different animal. In that setting, representation is harder to find with limited or no funds.
The idea that the "voters approved" the measure doesn't speak to the merit since it was added to the "stronger ethics" proposal. If you remember, the campaign pitch downplayed EXTENSION of terms in favor of making this sound like ethics rules were being tightened and the terms were being LIMITED to ("fill in the extended version text"). The language was very deceptively crafted and designed to elicit the extension, though extension approval might have been a surprising outcome to many who voted "YES" on the measure.
The camouflaging of the true effect was done intentionally. Standing on its own, voter rejection was too clear a result.
Using that as an indicator of how the outcome should be treated is inappropriate.
By the way, this election showed a hugely poor voter turnout. An example possibly of a lot of apathy, a lot of low-prioritization and that deadly attitude of "My vote is not important." Actually, in low- turnout elections, the influence of each vote is even more weighty, with a relative few deciding matters for the mass.
Keep up the challenge to "R"- It's the right thing to do.
Ted Hayes is the real deal; not like the Eminem wanna be, ZD.
Kudos to Ted for going after this.
I don't think Dvintra Janavs would have reached the same conclusion, because she's too smart.
Also, she is a fugitive from the Lithuanian Communists, not one herself. She was an outstanding Assistant US Attorney before being appointed to the LA Superior Court, and Arnold did exactly the right thing, at the urging of the entire legal community of Los Angeles, in re-appointing her.
She was beaten because of her foreign sounding name by a bagel shop dealer who never practiced law and is a disaster on the Court.
If an appeal is taken in the case, the Court of Appeal will reverse and remand.
Thank goodness Ted Hayes and Hernandez are SOOOOO much smarter than the voters who only approved R because it was "camouflaged" by one other -- completely different and not to be confused -- measure, and they were too stupid to know that 3 is more than 2; and they were also so stupid that they couldn't pronouce her name, so they voted against her.
And she may have left a communist regime, but was a part of it while in Lithuania in order to "succeed" in their educational/career system.
I've known other emigres from East Bloc countries, and even if they later come to see the "evils" of their former culture, can't help but continue to play by old rules: either become very pro-capitalist, or keep their pro-proletarian, the "intellectual vanguard shall lead the stupid masses," views.
The same views you all state here.
thank you thank you thank you Ted and David. For always standing up for what you believe in and being our voice. You were on the right side of the issue on Prop R. God Bless you guys for all the time and energy you have spent on this issue and the corruption on the illegal issue. Many many Latinos citywide support you guys on that one as well. Keep fighting the good fight and we are behind you 150%. Thank you again. AT least you're not all talk but are doers unlike a lot of lazy people in this city.
Dumb Ass Garcetti I don't know how he sleeps at night knowing city council bullshited the voters and were underhanded about it.
"I'm glad that the court upheld the voters' wishes," said council President Eric Garcetti, a backer of the measure. "The voters spoke loud and clear, and people wanted governance reform, both in the form of strengthening ethics laws and term limits."
SO WHY DID COUNCIL HIDE TWO MEASURE IN ONE IDIIOT??? YOU MORON OVER 229,000 VOTERS SAID NO TO PROP R SO WHAT DO YOU HAVE TO SSAY ABOUT THAT IDIOT?????
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