(October 31, 2018, 8:35 p.m.) -- In a telephone Q & A with LBREPORT.com, attorney Gautam Dutta, (a Yale undergrad/Georgetown law school grad) whose law firm handles matters that include election law -- says that Measure BBB could lead to litigation in which the incumbent Mayor or Councilmembers could sue the City and assert the right to three more terms (for the incumbents a third, fourth and fifth terms adding up to 12 more years) AND if he or she prevails may be able to seek those additional terms and recover attorney fees from the City (meaning LB taxpayers.)
As reported earlier today by LBREPORT.com, Mr. Dutta has issued an opinion letter visible at this link stating that he believes Measure BBB would let incumbent Mayor Robert Garcia and current two-term Council members serve up to 12 more years -- a third, fourth and fifth terms in addition to the two to which they've already been elected -- not the one additional term contended by Mayor Garcia and City Attorney Charles Parkin (City Attorney statement below.) To launch audio of LBREPORT.com's Q & A (4:56), click here. In the letter released earlier today (Oct. 31) by the Long Beach Reform Coalition PAC which opposes Measure BBB, attorney Gautam Dutta writes in pertinent part: You asked our office whether Measure BBB will deliver what its supporters promise: a "lifetime" limit of three terms for the Long Beach Mayor and Councilmembers. [Scroll down for further.]
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Attorney Dutta reached the same conclusion on Measure BBB as former Councilwoman Gerrie Schipske, also a CA attorney, who was part of the legal team that successfully produced a settlement (including LB Water Dept. customer rebates) with LB City Hall in litigation challenging a city utility-related practice.
Attorney Dutta's Oct. 31 letter also cites a CA Court of Appeals case, Woo v. Superior Court, which issued an opinion in 2000 that then-L.A. Councilman Mike Woo had a right to serve a total of four terms despite ballot text that appeared to ban him from seeking re-election. Attorney Dutta writes: Simply put, because the "term limits" clock starts fresh for incumbents, Mr. Woo was eligible to serve two additional terms. The Court of Appeal decision (3-0) in which L.A. Council incumbent Michael Woo sued L.A. City Hall -- and prevailed -- can be viewed at this link. CA Government Code section 36502(b) states: ...(b) Notwithstanding any other provision of law, the city council of a general law or charter city may adopt or the residents of the city may propose, by initiative, a proposal to limit or repeal a limit on the number of terms a member of the city council may serve on the city council, or the number of terms an elected mayor may serve. Any proposal to limit the number of terms a member of the city council may serve on the city council, or the number of terms an elected mayor may serve, shall apply prospectively only and shall not become operative unless it is submitted to the electors of the city at a regularly scheduled election and a majority of the votes cast on the question favor the adoption of the proposal. Notwithstanding the provisions of this subdivision, the provisions of any city charter that, on January 1, 1996, impose limitations on the number of terms a member of the city council may serve on the city council, or the number of terms an elected mayor may serve, shall remain in effect. Unless otherwise prohibited by a city charter, any city charter may be amended pursuant to this section or pursuant to the procedures specified in the charter, to include the limitation authorized in this subdivision. Mr. Dutta's law firm provides a summary of his professional background at this link..
On Oct. 6, retired Councilwoman Schipske, an opponent of Measure BBB, published an article on her OpenUpLongBeach website titled, "OpenUpLongBeach Discovers Bombshell About Measure BBB" explicitly raising the issue of Government Code section 36502(b) which requires that any term limits provision may only apply to terms served after the effective date of the measure. Ms. Schipske wrote on Oct. 6: "This means that should Measure BBB pass, this current Mayor and City Council will be allowed to seek 12 more years in office. No wonder they are pushing so hard for its passage!" LBREPORT.com sought comment from the City Attorney before reporting this legalistic aspect of the story. On October 8, the City Attorney's office issued the following statement, which LBREPORT.com published in full:
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