EXPERTS SEE NO BARRIERS TO BALLOTING.

Byline: Harrison Sheppard Staff Writer

WOODLAND HILLS - The chance of lawsuits both before and after a vote on San Fernando Valley cityhood is very high but will likely not prevent the issue from getting on the November ballot, two legal experts said Saturday at a community forum.

During a League of Women Voters of Los Angeles forum, Los Angeles attorneys Stephen Kaufman, an election specialist, and Mark Steres, a local government law specialist, said many areas of the cityhood plan are ripe for suits from both opponents and supporters.

But they said that actually keeping the question off the ballot requires meeting a difficult standard - proving that the Local Agency Formation Commission's decision involved ``fraud or prejudicial abuse of discretion.''

``It's a high hurdle,'' said Steres of the firm Brown, Winfield & Canzoneri. ``It's a tough one to overcome.''

Kaufman added that the law is also written fairly broadly, leaving the possibility that a smart attorney could find some loopholes.

``I do think this provision leaves some wiggle room,'' said Kaufman, whose firm is Smith Kaufman LLP. ``Remember that this is all unprecedented.''

The discussion came at a league forum on secession Saturday at Kaiser Permanente Medical Center, Woodland Hills. The group's comprehensive report analyzing pros and cons of cityhood was released.

The report is expected to be available in a few days at the group's Web site, www.lwvlosangeles.org.

It noted that there are still many uncertainties in the issue and that information changes on an almost daily basis.

``If there is one statement that can be made without fear of being contradicted about secession in Los Angeles, is is that the facts of the situation are unclear,'' the report stated.

The report also analyzed the positions of Valley Voters Organized Toward Empowerment as well as city officials and LAFCO on many issues.

The report did not take a position on secession. The league is expected to form a position on secession at its June meeting.

During the league's panel on potential litigation, Kaufman and Steres said many other individual areas might have to be resolved by the courts, such as utility rates and division of assets.

But such suits, both agreed, would not stop the new city from forming, nor would they cut off utility service to Valley residents.

Also, during the cityhood campaign, supporters and opponents will likely sue each other over the wording of ballot measures and arguments, Kaufman said.

``I think we'll see a slew of litigation over the content of the information that is put before voters in November from both sides,'' Kaufman predicted.

Not only city officials and secessionists would have standing in court, but any individual taxpayer, municipal union or other stakeholder who feels harmed by the cityhood decision could file suit, they said.

And if LAFCO decides not to place it on the ballot, Valley VOTE might sue as well, they said.

But Valley VOTE chairman Richard Close said in an interview his group would not sue to force LAFCO to put the issue on the ballot, saying chances of such a suit succeeding are ``one in 1,000.''

``I don't think it would be beneficial for Valley VOTE to sue,'' Close said. ``The Legislature has given vast discretion to LAFCO. We're going to spend our time not threatening lawsuits, but resolving open issues, so the best measure is on the ballot.''

``Lawsuits are for losers,'' he added.

City officials, in particular Mayor James Hahn, have said they will not try to prevent secession from going on the November ballot and in fact are eager for a resolution to the issue after years of debate.

But they have not ruled out the possibility of filing litigation over specific issues either before or after a vote.

``I don't know of anybody anywhere on an organizational basis that is contemplating filing to keep it off the ballot,'' said Larry Levine, co-chairman of the anti-secession group One Los Angeles. ``That doesn't mean some individual taxpayer might not try it.''

And he said his group might get involved in suits over issues such as wording of the ballot measures and arguments.

In addition, the municipal unions, particularly Service Employees International Union Local 347, have said they will fight hard against secession and have not ruled out any legal or political tactics.

Kaufman also noted that right now LAFCO is going through a negotiation process with city officials and secessionists in order to reach consensus on many issues and reduce the chance of a lawsuit.

After a vote, public agencies have 60 days to file suit, he said.