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HUSH VOTE COSTS PUBLIC D.A., ASSESSOR FIGHT TERM LIMITS.


Byline: Troy Anderson Staff Writer

In a unanimous closed-door decision, Los Angeles Los Angeles (lôs ăn`jələs, lŏs, ăn`jəlēz'), city (1990 pop. 3,485,398), seat of Los Angeles co., S Calif.; inc. 1850.  County supervisors on Tuesday agreed to hire attorneys at taxpayer expense to help overturn voter-approved term limits on the district attorney and the county assessor - a move requested by both officials.

Last year, Sheriff Lee Baca Leroy David Baca (b. May 27 1942, East Los Angeles, California) is the Sheriff of Los Angeles County, California.

After graduating from Benjamin Franklin High School (Los Angeles) in 1960, Baca worked his way through East Los Angeles College before starting with the L.A.
 used taxpayer-paid lawyers to help exempt himself from term limits that voters approved in 2002. County government picked up his $19,800 legal tab.

``It's outrageous,'' said Ron Roach roach: see cockroach.
roach

Common European sport fish (Rutilus rutilus) of the carp family (Cyprinidae), found in lakes and slow rivers. A high-backed, yellowish green fish with red eyes and reddish fins, the roach is 6–16 in.
, spokesman for the California Taxpayers Association. ``The will of the people has already been displayed. And they didn't even have the intestinal fortitude intestinal fortitude
n.
Courage; endurance.
 to do it (in) open session.

``Democracy in Los Angeles County is on hold. If they want to get rid of term limits, put it back on the ballot and let the people decide. Running through the back door of the courthouse is not the same thing as the electorate expressing their will.''

The Board of Supervisors voted 5-0 to approve a request by District Attorney Steve Cooley Stephen Lawrence ("Steve") Cooley (born May 1, 1947 in Los Angeles, California) is a veteran prosecutor who was elected as Los Angeles County's 36th District Attorney on November 7, 2000. He was sworn in for his second term on December 6, 2004.  and Assessor Rick Auerbach Frederick Steven Auerbach (born February 15, 1950 in Woodland Hills, California) was an shortstop in Major League Baseball. He played from 1971-1981. See also
  • Cincinnati Reds all-time roster
  • Los Angeles Dodgers all-time roster
 to get permission from the Attorney General's Office to file lawsuits against the county seeking to invalidate in·val·i·date  
tr.v. in·val·i·dat·ed, in·val·i·dat·ing, in·val·i·dates
To make invalid; nullify.



in·val
 the voter-approved measure limiting them to three consecutive terms in office.

If the Attorney General's Office grants the request, separate legal counsel for Cooley and Auerbach will be able to file lawsuits similar to the one Baca filed challenging the constitutionality of the term limits.

``If it's been declared unconstitutional unconstitutional adj. referring to a statute, governmental conduct, court decision or private contract (such as a covenant which purports to limit transfer of real property only to Caucasians) which violate one or more provisions of the U. S. Constitution.  by a court, the same principle should apply to both of the other constitutional officers,'' said Cooley's spokesman, Joe Scott Joe Scott (born July 28, 1965) is an American college men's basketball coach. The Pelican Island, New Jersey native is the current head coach at the University of Denver, replacing Terry Carroll on March 20, 2007.

Scott had a 38-45 record through three seasons at Princeton.
. ``There has to be clarity about having them all under the same tent, under the same rules.''

Baca, who intends to run for a third term in March 2006, based his lawsuit on a 1979 appellate court A court having jurisdiction to review decisions of a trial-level or other lower court.

An unsuccessful party in a lawsuit must file an appeal with an appellate court in order to have the decision reviewed.
 ruling that San Diego San Diego (săn dēā`gō), city (1990 pop. 1,110,549), seat of San Diego co., S Calif., on San Diego Bay; inc. 1850. San Diego includes the unincorporated communities of La Jolla and Spring Valley. Coronado is across the bay.  County's term-limits law was unconstitutional. Baca challenged the measure adopted in Los Angeles County, arguing state law does not give counties the powers to limit terms for elected officials other than the county supervisors.

The supervisors have not challenged the constitutionality of the term limits imposed on them.

The original county term-limit initiative targeting the Board of Supervisors was spearheaded by former La Crescenta activist Christopher Skinnell - now a Marin County lawyer - who gathered nearly 300,000 signatures.

But the measure was certified too late because the Register-Recorder's Office miscounted the number of signatures and refused to place it on the ballot in 2000.

In 2001, the group - funded by former county Supervisor Pete Schabarum - reached an agreement to put measures imposing term limits on the supervisors and other elected officials on the March 2002 ballot.

That settlement limited the officials to three more terms in office, meaning they wouldn't begin to be termed out until 2014. Under the original petition that voters signed, the officials would have begun being termed out next year.

Auerbach said he plans to retire before he would be termed out of office but joined Cooley in the request for the benefit of people who will occupy his position in the future.

``I really think if people would have had the opportunity to make a decision on term limits, where the ... supervisors were not included, they would not have voted for term limits for the assessor, sheriff and district attorney,'' Auerbach said.

``I think people view those positions differently than the Board of Supervisors. You want administrators who have been there for a long time, who know the job and are very experienced.''

Troy Anderson, (213) 974-8985

troy.anderson(at)dailynews.com

CAPTION(S):

3 photos, box

Photo:

(1) L.A. County Assessor Rick Auerbach

(2) L.A. County Sheriff Lee Baca

(3) L.A. County District Attorney Steve Cooley

Box:

CHALLENGING TERM LIMITS

SOURCE: Daily News research

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Publication:Daily News (Los Angeles, CA)
Date:May 25, 2005
Words:625
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