Judge Denies Motion Regarding Prop R: Hernandez warns of dangerous precedent and wants to continue the legal challenge
Thank you Mayoral Candidate David Hernandez for providing Mayor Sam readers with the latest on today's court action regarding City Council's Proposition R.
The Motion was denied by the judge stating that since it was not listed as an "initiative" on the voter info pamphlet and actual ballot, he was sticking with the Council-friendly argument that it was not a ballot initiative.
However, LA City Mayoral candidate David Hernandez states that, "Everywhere else in the process; from the 'League of Women Voters' (who ZD wishes were 20,000 leagues under the sea); to Council President Eric Garcetti's letter to City Clerk; to the City Clerk assigning it to the agenda, it was treated as a ballot initiative. However, they simply kept the actual words "ballot initiative" off all paperwork throughout the process as a way of circumventing the constitution."
Hernandez warns, "Now it's bigger than Prop R. Just don't call it an "initiative" and they can bundle together a bunch of things and do what they want", He adds, "'U.S. Term Limits' is fearful that this can set a precedent for other cities."
Hernandez tells Mayor Sam readers that he and Ted Hayes (his partner in the challenge) want to move forward to the appellate level if there is funding (from U.S. Term Limits and/or others) and if 'Judicial Watch' is willing to continue.
"It's a sleight of hand maneuver that is allowing them to get away with this", warns Hernandez.
AND THIS JUST IN: A RECAP BY MR. HERNANDEZ, HIMSELF ALONG WITH ADDITIONAL INFORMATION
CLICK "READ MORE!"
Friends and supporters,
Today Judge David Yaffe refused to grant our Motion to set aside his ruling that Prop R was not a Ballot Initiative. This is based on the wording not being in on the measure in the Ballot Summary or Ballot. Below is the official history of the measure. As one can plainly see the item which made it to the ballot was the measure presented by the League of Women Voters and Chamber. It was the one which Council File number 06-1800-S1 was assigned to.
The precedent set by the judges ruling gives politicians a very lucrative way to get ballot measures passed the public. If you simply do not use the term "Ballot Initiative" you do not have to follow the State Constitution. You can bundle as many goodies as you want and bribe the voters to get your measure passed.
Ted and I are ready and willing to move this challenge to the next level, the State Appellate Court. We will begin talks with our attorney and Judicial Watch to see if they are willing as well. In addition, we will look to US Term Limits for help as they expressed their concern over this precedent setting effort.
As soon as we have a clear course of action, I will let you know what is in store for the Legal Challenge to Prop R.
In your corner,
David Hernandez
File Number
06-1800-S1
Last Changed Date
09/07/2006
Title
ETHICS REFORMS / TERM LIMIT EXTENSIONS / BALLOT INITIATIVE
Initiated by
President, Los Angeles City Council
Subject
Communication from the President, Los Angeles City Council, dated July 14, 2006, relative to the placement of a proposed initiative, submitted by the League of Women Voters and the Los Angeles Area Chamber of Commerce, on the November 2006 election ballot, called the City Government Responsibility, Lobbying and Ethics Reform Act.
Date Received
07/14/2006
File History
7-14-06 - For ref
7-14-06 - Ref to Rules and Elections Committee
7-14-06 - File to Rules and Elections Committee Clerk
7-18-06 - Communication from the League of Women Voters of Los Angeles and the Los Angeles Area Chamber of Commerce, dated July 18, 2006, relative to City Government Responsibility, Lobbying and Ethics Reform Act - attached to file.
7-18-06 - Council Action - Verbal Motion - Garcetti Mover 2006 / Cardenas - ADOPTED - HEREBY MOVE that Council ADOPT the following recommendation in connection with a communication from the Council President relative to communication from the League of Women Voters of Los Angeles and the Los Angeles Area Chamber of Commerce which urges the Los Angeles City Council to engage in all necessary actions to place a ballot measure regarding term limits, lobbying laws, ethics laws, and campaign finance laws on the November 2006 election ballot:
REQUEST the City Attorney's Office to draft the appropriate resolutions and ordinance for inclusion of the above matter on the November 2006 election ballot. (Rules and Elections Committee waived consideration of the above matter).
7-28-06 - File in files
7-28-06 - For Council - Communication from the City Attorney R06-0275, dated July 28, 2006, relative to resolutions and an ordinance calling and ordering a Special Election solely to amend the Charter to lengthen term limits (Attachment A); an ordinance for remaining ethics reforms (Attachment B); and an item that both amends the Charter to lengthen term limits and revises the Municipal Code to adopt the City ethics, lobbying and campaign finance reforms (Attachment C).
7-28-06 - File to Calendar Clerk
7-28-06 - For Council - Communication from the City Clerk, dated July 28, 2006, relative to two resolutions for authorization to consolidate a Special Election with the November 7, 2006, State of California General Election in order to place a Charter Amendment relative to Term Limits for City Council Members and various Ethics Reform Measures before the voters.
7-28-06 - File to Calendar Clerk
8-2-06 - Council Action - Verbal Motion - Garcetti Mover 2006 / Greuel - ADOPTED - HEREBY MOVE that Council AMEND the proposed Charter amendment to lengthen term limits and amend City Ethics, Lobbying and Campaign Finance Laws, and calling a Special Election to be consolidated with the State General Election to be held on November 7, 2006, to ADOPT the following IN LIEU of the original recommendations, SUBJECT TO THE APPROVAL OF THE MAYOR:
A. PRESENT and ADOPT the accompanying ORDINANCE calling a Special Election to be held on Tuesday, November 7, 2006, for the purpose of submitting to the qualified voters of the City of Los Angeles a certain proposition, and to consolidate this Special Election with the State General Election to be held on the same date.
B. BALLOT TITLE RESOLUTION BE ADOPTED, as follows:
COUNCILMEMBER TERM LIMITS OF THREE TERMS; CITY LOBBYING, CAMPAIGN FINANCE AND ETHICS LAWS. CHARTER AMENDMENT AND ORDINANCE PROPOSITION.
Shall the Charter be amended and ordinance adopted to: change Councilmember term limits to three terms; restrict lobbyists from making campaign contributions, gifts and becoming commissioners; revise lobbyist registration thresholds; require contractors certify compliance with lobbying laws; extend elected officials' post-employment restrictions; require ethics training; and revise requirements for independent expenditures and campaign communications?
C. RESOLUTION providing that a certain proposal to amend the Charter and Municipal Code of the City of Los Angeles be submitted to the qualified voters of the City of Los Angeles.
D. RESOLUTION requesting authorization to consolidate a Special Election with the November 7, 2006, State of California General Election in order to place a Charter Amendment relative to term limits for City Councilmembers and various ethics reform measures before the voters, BE ADOPTED - Resolutions ADOPTED - Ordinance ADOPTED.
8-3-06 - Communication from the City Attorney, dated August 3, 2006, relative to Ballot Title language approved as to form and legality - attached to file.
8-3-06 - File to Mayor for signature FORTHWITH
8-5-06 - Communication from the Silver Lake Neighborhood Council, dated August 5, 2006, relative to Community Impact Statement.
8-7-06 - File to Calendar Clerk
8-8-06 - File in files
9-7-06 - File to Calendar Clerk - Attn: Maria K.
Ordinance
177773 ( Effective: 08/09/2006 )
The Motion was denied by the judge stating that since it was not listed as an "initiative" on the voter info pamphlet and actual ballot, he was sticking with the Council-friendly argument that it was not a ballot initiative.
However, LA City Mayoral candidate David Hernandez states that, "Everywhere else in the process; from the 'League of Women Voters' (who ZD wishes were 20,000 leagues under the sea); to Council President Eric Garcetti's letter to City Clerk; to the City Clerk assigning it to the agenda, it was treated as a ballot initiative. However, they simply kept the actual words "ballot initiative" off all paperwork throughout the process as a way of circumventing the constitution."
Hernandez warns, "Now it's bigger than Prop R. Just don't call it an "initiative" and they can bundle together a bunch of things and do what they want", He adds, "'U.S. Term Limits' is fearful that this can set a precedent for other cities."
Hernandez tells Mayor Sam readers that he and Ted Hayes (his partner in the challenge) want to move forward to the appellate level if there is funding (from U.S. Term Limits and/or others) and if 'Judicial Watch' is willing to continue.
"It's a sleight of hand maneuver that is allowing them to get away with this", warns Hernandez.
AND THIS JUST IN: A RECAP BY MR. HERNANDEZ, HIMSELF ALONG WITH ADDITIONAL INFORMATION
CLICK "READ MORE!"
Friends and supporters,
Today Judge David Yaffe refused to grant our Motion to set aside his ruling that Prop R was not a Ballot Initiative. This is based on the wording not being in on the measure in the Ballot Summary or Ballot. Below is the official history of the measure. As one can plainly see the item which made it to the ballot was the measure presented by the League of Women Voters and Chamber. It was the one which Council File number 06-1800-S1 was assigned to.
The precedent set by the judges ruling gives politicians a very lucrative way to get ballot measures passed the public. If you simply do not use the term "Ballot Initiative" you do not have to follow the State Constitution. You can bundle as many goodies as you want and bribe the voters to get your measure passed.
Ted and I are ready and willing to move this challenge to the next level, the State Appellate Court. We will begin talks with our attorney and Judicial Watch to see if they are willing as well. In addition, we will look to US Term Limits for help as they expressed their concern over this precedent setting effort.
As soon as we have a clear course of action, I will let you know what is in store for the Legal Challenge to Prop R.
In your corner,
David Hernandez
File Number
06-1800-S1
Last Changed Date
09/07/2006
Title
ETHICS REFORMS / TERM LIMIT EXTENSIONS / BALLOT INITIATIVE
Initiated by
President, Los Angeles City Council
Subject
Communication from the President, Los Angeles City Council, dated July 14, 2006, relative to the placement of a proposed initiative, submitted by the League of Women Voters and the Los Angeles Area Chamber of Commerce, on the November 2006 election ballot, called the City Government Responsibility, Lobbying and Ethics Reform Act.
Date Received
07/14/2006
File History
7-14-06 - For ref
7-14-06 - Ref to Rules and Elections Committee
7-14-06 - File to Rules and Elections Committee Clerk
7-18-06 - Communication from the League of Women Voters of Los Angeles and the Los Angeles Area Chamber of Commerce, dated July 18, 2006, relative to City Government Responsibility, Lobbying and Ethics Reform Act - attached to file.
7-18-06 - Council Action - Verbal Motion - Garcetti Mover 2006 / Cardenas - ADOPTED - HEREBY MOVE that Council ADOPT the following recommendation in connection with a communication from the Council President relative to communication from the League of Women Voters of Los Angeles and the Los Angeles Area Chamber of Commerce which urges the Los Angeles City Council to engage in all necessary actions to place a ballot measure regarding term limits, lobbying laws, ethics laws, and campaign finance laws on the November 2006 election ballot:
REQUEST the City Attorney's Office to draft the appropriate resolutions and ordinance for inclusion of the above matter on the November 2006 election ballot. (Rules and Elections Committee waived consideration of the above matter).
7-28-06 - File in files
7-28-06 - For Council - Communication from the City Attorney R06-0275, dated July 28, 2006, relative to resolutions and an ordinance calling and ordering a Special Election solely to amend the Charter to lengthen term limits (Attachment A); an ordinance for remaining ethics reforms (Attachment B); and an item that both amends the Charter to lengthen term limits and revises the Municipal Code to adopt the City ethics, lobbying and campaign finance reforms (Attachment C).
7-28-06 - File to Calendar Clerk
7-28-06 - For Council - Communication from the City Clerk, dated July 28, 2006, relative to two resolutions for authorization to consolidate a Special Election with the November 7, 2006, State of California General Election in order to place a Charter Amendment relative to Term Limits for City Council Members and various Ethics Reform Measures before the voters.
7-28-06 - File to Calendar Clerk
8-2-06 - Council Action - Verbal Motion - Garcetti Mover 2006 / Greuel - ADOPTED - HEREBY MOVE that Council AMEND the proposed Charter amendment to lengthen term limits and amend City Ethics, Lobbying and Campaign Finance Laws, and calling a Special Election to be consolidated with the State General Election to be held on November 7, 2006, to ADOPT the following IN LIEU of the original recommendations, SUBJECT TO THE APPROVAL OF THE MAYOR:
A. PRESENT and ADOPT the accompanying ORDINANCE calling a Special Election to be held on Tuesday, November 7, 2006, for the purpose of submitting to the qualified voters of the City of Los Angeles a certain proposition, and to consolidate this Special Election with the State General Election to be held on the same date.
B. BALLOT TITLE RESOLUTION BE ADOPTED, as follows:
COUNCILMEMBER TERM LIMITS OF THREE TERMS; CITY LOBBYING, CAMPAIGN FINANCE AND ETHICS LAWS. CHARTER AMENDMENT AND ORDINANCE PROPOSITION.
Shall the Charter be amended and ordinance adopted to: change Councilmember term limits to three terms; restrict lobbyists from making campaign contributions, gifts and becoming commissioners; revise lobbyist registration thresholds; require contractors certify compliance with lobbying laws; extend elected officials' post-employment restrictions; require ethics training; and revise requirements for independent expenditures and campaign communications?
C. RESOLUTION providing that a certain proposal to amend the Charter and Municipal Code of the City of Los Angeles be submitted to the qualified voters of the City of Los Angeles.
D. RESOLUTION requesting authorization to consolidate a Special Election with the November 7, 2006, State of California General Election in order to place a Charter Amendment relative to term limits for City Councilmembers and various ethics reform measures before the voters, BE ADOPTED - Resolutions ADOPTED - Ordinance ADOPTED.
8-3-06 - Communication from the City Attorney, dated August 3, 2006, relative to Ballot Title language approved as to form and legality - attached to file.
8-3-06 - File to Mayor for signature FORTHWITH
8-5-06 - Communication from the Silver Lake Neighborhood Council, dated August 5, 2006, relative to Community Impact Statement.
8-7-06 - File to Calendar Clerk
8-8-06 - File in files
9-7-06 - File to Calendar Clerk - Attn: Maria K.
Ordinance
177773 ( Effective: 08/09/2006 )
Labels: proposition r
Posted by Zuma Dogg @ 8/20/2007 03:17:00 PM
29 Comments:
+++++++++++++++++++++++++++++
www.tonyvillar.com
+++++++++++++++++++++++++++++
If it wasn't an initiative, what was it?
Whay is Prop R?
Anothe way for the corrupt legislators to remain in control.
4:43
DAMN!
Let me know if you'll appeal. I'd gladly throw some money to squash those cockroaches at City Hall.
They must really think we're ignorant. The entire city knows what it was except the morons who voted for it that were duped with the lies on their mailer. Thanks Ted and David for fighting for us. Clowncil is the worst bunch of corrupt idiots I've seen in this city in decades
"HE WHO COMANDS HIMSELF CAN COMAND OTHERS, TO FALL 7-XS YOU RISE 8,NEVER SAY DIE"!
A man has to learn that he cannot command things, but that he can command himself; that he cannot coerce the wills of others, but that he can mold and master his own will: and things serve him who serves Truth; people seek guidance of him who is master of himself.
James allen
David Hernandez is my hero.
This one has "silent majority" written all over it.
No one voted to keep those bums in office. Approval ratings of local officeholders are tiny.
If they appeal, they better do it quickly. Otherwise, it is much likely to fade from memory. Both in the public's eyes and a court's.
Hey David and Ted:
Don't worry about the funding; ZD will fund it personally and it will be guaranteed by Matt Dowd.
No?
Well, maybe having a job and working for living actually gives you choices, huh?
What choices? You could work 18 hours a day and be a billionaire as a result of your hard work, but you didn't have a choice because two items were "co-mingled"; prop r tactics were intentionally deceiving according to city controller and city attorney; plus the constitutional circumvention issue Mr. Hernandez raises.
Meanwhile, I don't really care about throwing them out as much as I used to, because then next batch will be the same (that's how the system is...they are such tiny pawns, this stuff isn't even up to them; they have to go along -- or they wouldn't be there.) So at this point, ZD feels they way the lobbiests do...hey, I just got done breaking these guys in...I don't want to have to start over with a bunch of new people!
BUT, I don't like the shadiness of Prop R.
Mexican Mafia Tony Rafael Speech Channel City Club.
http://www.youtube.com/watch?v=dcJCvAJ0uyk
28 minutes.
THE MEXICAN MAFIA book by Tony Rafael.
This is one of those books that you won't be able to put down once you start it. I highly recommend that you take it on vacation or begin it on a Friday night or else you will miss work, school and all appointments. It is tight, well woven, action packed and takes you all over California. I was very surprised to find out that this is a first book for him, but not at all surprised that everyone eagerly waited four long years for this book. The Mexican Mafia is a thriller which weaves together three stories of international intrigue. In the first a Mayor has to confront his wife's suspicions of adultery, in the second a DA investigates a series of horrific murders, and in the third an international organization devises a master plan of apocalyptic dimensions. In Los Angeles the police investigates a baffling series of decapitations. And in Mexico, a select group of industrialists prepares for a momentous celebration. There are a lot of characters in this book, and I guess even Rafael was losing track of people, so at various times, he'll kill off a whole bunch of them to clear the registers. While the book shows some "first-author" syndromes with some clichés, Rafael does a great job of keeping the reader's attention. A heart felt Congrat's to you T.
(^;
If one looks closely, you can make out that Broderick Crawford is actually driving the car from the rear seat, with one hand, and still hanging on to the damn donut.
http://viewfromaloft.typepad.com/photos/uncategorized/car.jpg
What choices? You could work 18 hours a day and be a billionaire as a result of your hard work, but you didn't have a choice because two items were "co-mingled";
ummm... voting NO was a choice jackass
prop r tactics were intentionally deceiving according to city controller and city attorney;
You probably want a "THE City Controller" in there
plus the constitutional circumvention issue Mr. Hernandez raises.
which has been ruled to be not a valid claim by the courts, repeatedly. Think they know more about the Constitution than YOU
Meanwhile, I don't really care about throwing them out as much as I used to, because then next batch will be the same (that's how the system is...they are such tiny pawns, this stuff isn't even up to them; they have to go along -- or they wouldn't be there.)
Yep, no choices at all... which explains Home Depot
So at this point, ZD feels they way the lobbiests do...hey,
loBBYists is the word your looking for you twit.
BUT, I don't like the shadiness of Prop R.
As opposed to your antics in City hall which we of course all love
There are two ways that an amendment can be placed on the ballot. One is through the initiative process which is spelled out in Section 450. Measure R started off that way but the signature gathering effort fell apart. The other way is for the City Council to vote to place an amendment on the ballot. That's what happened in the case of Measure R.
Where did that archie bunker character come from, and why does he have the hots for Jan Perry, his "chocolate princess?" AND Antonovich. Now, there's a threesome I don't want to contemplate too much.
ZD is is rapidly losing it. He thinks he has "broken in" the Council or its members?
The man is an egotistical imbecile.
His lack of knowledge, combined with his lack of self esteem has driven him to delusions of grandeur.
He is a classic meglomaniac, and is now almost incapable of reaching any kind of a conclusion that does not include himself in the lead role.
In short, ZD is clearly losing touch with reality.
You people who keep him going with hope by applauding his nonesense are guilty of driving this guy to this extreme.
The logical conclusion of this will be that one day soon he will wake up to the reality that he means nothing except a source of mild amusement to real people who are becomming bored with his antics, and then he will feel the real rejection that most meglomaniacs reach, with the usual bad results - arrests, incarceration, and overwhelming depression that renders them useless.
He is well on this road already.
Who suggested that ZD and Matt get jobs?
Blasphemy!!!
They are way too busy running the City of LA and consulting with the members of the council.
Now, ZD has taken on the additional responsibility to advise the LAUSD.
He has no time for such silliness as a job, a shower or a shave.
Have you guys heard about the coming Sunland-Tujunga shakedown? Some folks who want to be politicians might be seeing some HD green!
Why, has Rick Tayor released another memo telling HD to to win this thing?
Is ZD getting a donation for HD?
and I wish ZD were 20,000 leagues under the sea
Why, you have something against the bottom dwellers in the ocean?
We've been trying to heal the bay, we don't need more garbage there.
so . . . it WASN'T an initiative, and MORE important, the voters approved it.
You "I'm smarter than everyone else who votes" arrogant pissants need to go somewhere and start your own country, where you can ALWAYS win in elections.
Silent majority, bullshit. These are the same five loudmouths wasting court time with appeals as run a handful of the most unrepresentative neighborhodd councils in the city, as platforms for their posturing.
AMPLIFIED MINORITY is more like it.
The city council said you're wrong, the voters said you're wrong, and now the courts said you're wrong.
Three strikes; guess what.
At least little Jason Lyons had the cojones to listen to the voters and back down when he was licked!
The guy who has no legal or formal education and uses an alias instread of his real name with the five o'clock shadow doesn't like the shadiness of a legal opinion?
What is wrong with this picture??
Hey, I heard there is a Dogg around here to be hung or drowned.
So, where is he?
If you dont like Zuma
DONT READ HIS POST!
Santiago said...
A man has to learn that he cannot command things,
**************
A man has also to learn some most people are not interested in reading comments which have nothing to do with the topic of this blog. Now go back to Wally's and Barf's. You are boring !!!!!!!!!!!!
DUMP THE STUPID DOGG AND HIS MEGLOMANIA
YES, ERADICATE HIM FROM THIS BLOG!!!
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