MAYOR CHALLENGING HOLDEN'S LETTER : COUNCILMAN MISLEADING JUDGE ABOUT ROLE WITH CHARTER REFORM PETITIONS, RIORDAN SAYS.Byline: Patrick McGreevy Daily News Staff Writer An attorney for Mayor Richard Riordan Richard J. Riordan (born May 1, 1930) is a Republican politician from California, U.S. who served as the California Secretary of Education from 2003–2005 and as Mayor of Los Angeles from 1993–2001. Riordan ran for Governor of California unsuccessfully in 2002. charged Tuesday that a letter by City Councilman Nate Holden Nathaniel "Nate" R. Holden (1929-) served on the Los Angeles City Council from 1987 to 2002. He previously served a term on the California State Senate and was Assistant Chief Deputy to then Los Angeles County Supervisor Kenneth Hahn. to a federal judge regarding charter reform is ``a totally improper and impermissible im·per·mis·si·ble adj. Not permitted; not permissible: impermissible behavior. im ex-parte communication with the court.'' Holden had asked U.S. District Court Judge Mariana Pfaelzer Mariana Pfaelzer is a U.S. District Court Judge in the Ninth Circuit. She is probably best remembered for her role in striking down California's Proposition 187, which would have denied services to illegal aliens. in writing Monday to delay a decision on the mayor's request to force the council to put his charter reform initiative on the April ballot. Holden wrote to Pfaelzer that he needed more time to check signatures on the initiative petition to make sure that they are valid. However, Sandra Levin lev·in n. Archaic Lightning. [Middle English levene, levin; see leuk- in Indo-European roots.] , an attorney for Riordan, wrote to Assistant City Attorney Tony Alperin on Tuesday asking that he request that the Holden letter be withdrawn because it is improper. ``Indeed, ex parte [Latin, On one side only.] Done by, for, or on the application of one party alone. An ex parte judicial proceeding is conducted for the benefit of only one party. communications by parties to a proceeding seeking to influence the court are punishable by contempt,'' Levin wrote to Alperin. Alperin and the initiative's attorney argued their cases to Pfaelzer in a public hearing two weeks ago. Although Pfaelzer had not issued a ruling before the court closed for the holidays Tuesday, the judge had said last week that she is close to making a decision on whether to order an April 1997 election on charter reform. The judge said then that she was waiting for the city clerk In the United States, a City Clerk is an elected or appointed official who is responsible as the official keeper of the municipal records. In some places, the Clerk may be known as the "Village Clerk" or "Town Clerk". to certify cer·ti·fy v. cer·ti·fied, cer·ti·fy·ing, cer·ti·fies v.tr. 1. a. To confirm formally as true, accurate, or genuine. b. the petitions, which the clerk did Friday. Levin said Holden's letter to the judge is misleading because it implies that Holden has a role in checking petitions, when that job is solely with the clerk. ``Moreover, we request that you advise each of the council members that direct communications with the court are improper and impermissible,'' Levin wrote. Alperin did not return calls for comment Tuesday. Holden said he believes it was proper to bring new issues to the attention of the judge and would only withdraw his letter if ordered by the council. ``What have they got to hide?'' Holden asked. ``What I was trying to do was eliminate any doubt or suspicion about whether these signatures are valid.'' Holden wrote a letter Tuesday to City Clerk Mike Carey saying he needs more information on the petition circulators who were originally disqualified dis·qual·i·fy tr.v. dis·qual·i·fied, dis·qual·i·fy·ing, dis·qual·i·fies 1. a. To render unqualified or unfit. b. To declare unqualified or ineligible. 2. for not being registered city voters but were later validated as having been registered in the city. The mayor's initiative would create a 15-person, elected charter reform commission with power to submit charter revisions to the voters in 1999 without council revision. Holden opposes the initiative, charging it is an attempt by Riordan to grab power from the council. The City Council has appointed its own 21-member Charter Reform Commission that is expected to recommend changes to the council, which could revise the reforms before putting them on the ballot. If the mayor's initiative is placed on the April 8 ballot, the campaign for an elected charter reform commission will coincide with the mayor's bid for re-election and elections for eight of the 15 council seats. |
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