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TERM-LIMITS SUIT MAY COST L.A. BIG BUCKS OUTSIDE ATTORNEYS POSSIBLE.


Byline: KERRY CAVANAUGH Staff Writer

After failing to heed warnings that a City Council term limits/ethics reform measure could face legal challenges, the city is faced with spending thousands of dollars to hire lawyers to defend the plan.

West Los Angeles
  • West Los Angeles, Los Angeles, California, a neighborhood of Los Angeles
  • West Los Angeles (region), a popularly identified region of Los Angeles, incorporating the neighborhood above
 resident Neil Donner filed a lawsuit Monday in 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.  Superior Court, seeking to remove the measure -- which would give council members a third four-year term -- from the Nov. 7 ballot.

The suit says the measure violates the California Constitution The California Constitution is the document that establishes and describes the duties, powers, structure and function of the government of the U.S. state of California. The original constitution, adopted in November 1849 in the U.S.  because it combines two issues -- a term-limit extension and ethics reform -- in a single ballot measure.

City Attorney Rocky Delgadillo Rockard John "Rocky" Delgadillo (born July 15 1960) is the current City Attorney of Los Angeles, California. Career
  • Teacher/ Coach, Los Angeles Unified School District, Franklin
  • Attorney, O'Melveny & Myers LLP
 had warned the council that the measure would leave the city vulnerable to legal challenges, and the suit would have put him in the position of defending the city against the very sort of action he had warned of.

But City Attorney's Office spokesman Nick Velasquez said Delgadillo is considering hiring outside counsel to defend the measure because specialized help is needed.

``The city attorney shared his office's thoughts on this matter. At this juncture, following the council's and mayor's approval of the measure, the city attorney is now charged with defending the city in court and that's what he intends to do,'' Velasquez said.

Officials could not estimate the cost of defending the measure. Proposition R opponents said they don't want to see taxpayer money used -- especially because the public had little input before it was put on the ballot.

``We are extremely concerned that the City Council rejected the legal advice of the city attorney -- who was hired by the people to represent our interests -- and now the city must spend thousands and thousands of dollars of taxpayer money to defend this ill-conceived, dishonest measure,'' said Jason Lyon Jason "Jay" Lyon (born May 24th, 1986 in Winnipeg, Manitoba, Canada)

Jason is a member of the Canadian National archery team who has competed in the 2004 World Junior Archery Championships, 2005 World Senior Archery Championships, the 2007 World Senior Archery Championships,
 of the Silver Lake Neighborhood Council In June, 1999, the voters of Los Angeles approved a new City Charter which created the Department of Neighborhood Empowerment (DONE). Its purpose is to promote more citizen participation in government and to make government more responsive to local needs through a citywide network of  and the Not Prop R campaign.

The City Council, which fast-tracked the term-limits measure, would have to approve the hiring of an outside law firm to handle the case.

The court will consider a request to remove Proposition R from the ballot on Sept. 6 -- two days before the city's deadline for printing the voter-information guides.

Proposition R would allow City Council members to run for a third term and would change a number of the city's lobbying and campaign finance disclosure requirements. The measure was proposed by the Los Angeles Area Chamber of Commerce and League of Women Voters League of Women Voters, voluntary public service organization of U.S. citizens. Organized in 1920 in Chicago as an outgrowth of the National American Woman Suffrage Association, it had as its original nucleus the leaders of the latter organization. , and quickly approved to go on the ballot by the City Council and Mayor Antonio Villaraigosa Antonio Ramon Villaraigosa (born Antonio (Tony) Ramon Villar, Jr. on January 23, 1953) is the mayor of Los Angeles, California. He is the first Latino mayor of Los Angeles since Cristobal Aguilar in 1872. .

Critics have complained that the measure was rushed through with no input from residents, neighborhood councils Neighborhood councils are governmental or non-governmental bodies composed of local people who handle neighborhood problems. They can be found in many cities throughout the world.  or the Ethics Commission.

Supporters have said they hurried to put Proposition R on the November general election ballot, which is expected to have a large turnout, so more people could weigh in on the issue of ethics reform and term-limit extensions.

Supporters and opponents of Proposition R are already facing off in court over the language in each side's ballot arguments. The lawsuit filed by Donner seeks to remove Proposition R from the ballot altogether.

Donner volunteered to put his name on the lawsuit, which was filed by the firm of Bell, McAndrews & Hiltachk, at the request of Paul Jacob, president of the group U.S. Term Limits U.S. Term Limits (or USTL) is a non-profit organization that lobbies for term limits for elected officials at every level of government in the United States. Among other activities, USTL supports ballot initiatives in numerous states. .

``This ballot measure is a cruel trick on the voters. They take some minor ethical reforms, some of which are questionable reforms to begin with, and glom glom   Slang
v. glommed, glom·ming, gloms

v.tr.
1. To steal.

2. To seize; grab.

3. To look or stare at.

v.intr.
 onto a term-limit extension,'' Jacob said.

``This is a classic illustration of why single-subject requirements make sense. They want to put a few things voters like with another thing that voters don't like.''

The lawsuit references Delgadillo's concerns expressed in a July 28 report that was sent to the City Council before it voted to put Proposition R on the ballot.

``Combining charter amendments and ordinance provisions in the same ballot question has not been the city's prior practice and could be subject to legal challenge.''

kerry.cavanaugh(at)dailynews.com

(213) 978-0390
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Publication:Daily News (Los Angeles, CA)
Date:Aug 30, 2006
Words:659
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