Rumor mill focuses on new police contract
This city’s political rumor mill--which always shifts into high gear during a City Council election year--has been spinning wildly as a result of the contentious debate over replacing 42 years of Brea police service with a less costly Sheriff’s Department.
And the split 3-2 vote--largely expected based on council comments in past months--will fuel more rancor in coming weeks, since a sizeable number of residents have lined up on each side of the issue.
I’ve heard rumors about potential actions to overturn council’s decision and talked to a few leaders of successful past efforts, notably the 2005 initiative petition that led to the ordinance requiring a public vote on major land-use decisions.
Many of the same people led a referendum drive to reverse a past council’s decision to increase zoning densities in Town Center to advance a 2005-06 redevelopment project that was discarded, partly due to the large number of petition signatures collected.
However, at this writing, none of these individuals indicated they’d lead an effort on the police issue, although some said they’d “participate” in a petition drive. But at least one group already has emerged, focusing on a recall.
Based on a review of election law and court rulings, a challenge to council’s decision would be difficult to mount using processes outlined in the state Constitution, namely referendum, initiative or recall.
A referendum appears not to apply in a contract matter, since referendums are used to prevent laws or regulations from taking effect. Contracts aren’t encased in ordinances, since they’re administrative, not legislative acts.
An initiative might be possible, since initiatives add new laws or change existing laws, but the wording of a new law to cancel the eventual contract and bring back a previous contractor would be convoluted, difficult to sell to voters and could be unconstitutional.
A successful initiative petition would need signatures from at least 10 percent of Yorba Linda’s registered voters--43,360 at recent count--for a measure to appear on the Nov. 6 ballot and 15 percent to force a special election within 88 to 103 days.
Proponents would need to file a “notice of intention” with the city clerk, along with the text of the proposed measure and request for ballot title and summary, which would be written by the city attorney, and signatures must be collected within a 180-day window.
A recall is possible, but, again, filing and petition requirements are complicated, unless a group has experience or funds to hire experience. A Facebook page, created 17 hours after the vote, seeks to “remove” the pro-sheriff majority, John Anderson by “recall.”
Seats held by Nancy Rikel and Mark Schwing are on the Nov. 6 ballot, but Anderson’s term runs through 2014. In the pro-Brea camp, Jim Winder completes his last term this year, and Tom Lindsey, Anderson’s 2010 running-mate, ends a first term in 2014.
A handful of referendums and initiatives have been successful in city history, but no recall has ever reached the signature-gathering stage, despite a few past efforts
And the split 3-2 vote--largely expected based on council comments in past months--will fuel more rancor in coming weeks, since a sizeable number of residents have lined up on each side of the issue.
I’ve heard rumors about potential actions to overturn council’s decision and talked to a few leaders of successful past efforts, notably the 2005 initiative petition that led to the ordinance requiring a public vote on major land-use decisions.
Many of the same people led a referendum drive to reverse a past council’s decision to increase zoning densities in Town Center to advance a 2005-06 redevelopment project that was discarded, partly due to the large number of petition signatures collected.
However, at this writing, none of these individuals indicated they’d lead an effort on the police issue, although some said they’d “participate” in a petition drive. But at least one group already has emerged, focusing on a recall.
Based on a review of election law and court rulings, a challenge to council’s decision would be difficult to mount using processes outlined in the state Constitution, namely referendum, initiative or recall.
A referendum appears not to apply in a contract matter, since referendums are used to prevent laws or regulations from taking effect. Contracts aren’t encased in ordinances, since they’re administrative, not legislative acts.
An initiative might be possible, since initiatives add new laws or change existing laws, but the wording of a new law to cancel the eventual contract and bring back a previous contractor would be convoluted, difficult to sell to voters and could be unconstitutional.
A successful initiative petition would need signatures from at least 10 percent of Yorba Linda’s registered voters--43,360 at recent count--for a measure to appear on the Nov. 6 ballot and 15 percent to force a special election within 88 to 103 days.
Proponents would need to file a “notice of intention” with the city clerk, along with the text of the proposed measure and request for ballot title and summary, which would be written by the city attorney, and signatures must be collected within a 180-day window.
A recall is possible, but, again, filing and petition requirements are complicated, unless a group has experience or funds to hire experience. A Facebook page, created 17 hours after the vote, seeks to “remove” the pro-sheriff majority, John Anderson by “recall.”
Seats held by Nancy Rikel and Mark Schwing are on the Nov. 6 ballot, but Anderson’s term runs through 2014. In the pro-Brea camp, Jim Winder completes his last term this year, and Tom Lindsey, Anderson’s 2010 running-mate, ends a first term in 2014.
A handful of referendums and initiatives have been successful in city history, but no recall has ever reached the signature-gathering stage, despite a few past efforts
posted by Jim Drummond at 12:00 PM
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