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Monday, March 15, 2010
Court ruling: Strong mayor initiative won't be on June ballot
by Kathleen Haley, published on February 4, 2010 at 8:05PM
Storyline: Sacramento City Government/Politics
In a day of twists and turns for the strong mayor initiative, the biggest event was summed up in five words:
“Petition summarily denied by order."
The 3rd District Court of Appeal earlier today published a ruling that prevents the measure from being placed on the June ballot.
This means the Court of Appeal chose not to temporarily halt the Sacramento Superior Court decision that struck down the initiative.
“I’m very disappointed by the decision, and that’s putting it mildly," Mayor Kevin Johnson said in a press statement. "At the same time, I’m inspired like never before to fight for the people of Sacramento. Today, citizens have been denied their right to vote and accountability has been told to wait in line.”
Thomas Hiltachk, the attorney who wrote the strong mayor initiative, had asked the appeals court to speed up his appeal. Hiltachk, who was sued by plaintiff Bill Camp in Sacramento Superior Court, said the 3rd District Court of Appeal chose not to move quickly.
“The court’s finding that our appeal does not qualify to be expedited means that we would have to endure the regular appeal process, which can take years in our overloaded court system," Hiltachk said in a press statement. "Sacramento cannot afford to wait years for the courts to act."
Hiltachk indicated that the campaign for the initiative would not end, but he did not explain how it would move forward.
“We will continue to fight for charter reform to bring accountability, responsibility and oversight to city hall," he said.
Before the 3rd District Court of Appeal decision came out in the late afternoon, the campaign for the initiative was in full swing.
Sacramentans for Accountable Government, the group that leads the campaign for the initiative together with Johnson, hosted fundraisers this afternoon.
The admission price to the SAG-sponsored luncheon held at the Cosmo Café was $1,000 per person and $5,000 for each event sponsor.
SAG also held an event at the Crest Theatre featuring Frank Luntz, a Republican consultant and pollster, and Willie Brown, who formerly served as California Assembly Speaker and mayor of San Francisco. The admission price for that event was $100 per person.
Shawn Callahan, campaign manager for Sacramentans for Accountable Government, said Brown and Luntz were not paid to attend the fundraisers. He said about 130 people attended the event at the Crest Theatre.
Callahan also commented on whether the new court decision will affect the fundraising dollars that SAG garnered from today's events. "I don't know that it changes anything," he said. "We're still going to push forward."
At the fundraiser, both Luntz and Brown made comments supporting the strong mayor initiative.
“I served as a mayor of a fairly significant American city,” Brown said. “And I think every person who gets that honor needs the tools to implement programs, projects to do the job of being the mayor.”
A mayor does not have those tools unless he or she can be a strong mayor, he said.
The controversial debate over the initiative emerged at the Crest Theatre event when Brown and Luntz answered questions from audience members.
Oak Park resident Michael Boyd challenged Brown and Luntz on their familiarity with the initiative.
“You’ve convinced me that we should be well-informed voters," he said. "So, I assume you’ve both read this particular initiative in detail. And you’ve both read the charter commission’s report on the initiative. Would I be correct in that?”
Brown directly acknowledged he had not read the initiative. “Not with me you wouldn’t be,” he said, responding to Boyd’s comment.
Luntz indirectly acknowledged he had not read the initiative. He laughed, saying that he was “confirming that the mayor (Brown) has not read it.”
Boyd said Luntz and Brown were encouraging people to support the initiative without having read it.
Brown noted that he does not vote in Sacramento.
“And I don’t even live in your state,” Luntz said. “But I believe that you should have the right to vote on it. And no one should be denied that right to vote.”
Kathleen Haley is a staff reporter for The Sacramento Press.
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“The court’s finding that our appeal does not qualify to be expedited means that we would have to endure the regular appeal process, which can take years in our overloaded court system,"
Oh no! You have to play by rules like everyone else? Process is important and should not be dissed.
Hiltachk also states:
"Sacramento cannot afford to wait years for the courts to act."
What you really mean is KJ and his backers cannot afford to wait years for the courts to act, yes? Sacramento has had this type of governing system for the past 80 years. I think we can handle a little more time to ensure that the process is done lawfully, fairly, and -GASP! - transparently (for real, not just lip-service).
Keep looking for pigs flying outside or hearing a weather report from down-under talking about freezing temperatures.
BTW-To fill seats at the Crest-tickets could be obtained for $25 each. Still more than I would be willing to spend on two speakers who didn't even take the time to read a proposal that they were supposedly hear to debate. Kinda like those signature gathers who had little, if any, understanding of what it was they were soliciting for.
So how much of SAG's $107,000.00 debt as of 12.31.2009 did they retire? Deficit spending, doesn't that fly in the face of what SAG supposedly stands for?
Of course that's peanuts compared to KJ4Mayor's Committee Cash balance of $10,000.00 vs outstanding debt of $589,000.00.
Interesting. Apparently his specialty is “testing language and finding words that will help his clients sell their product or turn public opinion on an issue or a candidate.”
I assume the proceeds from this event will help KJ and the SMI supporters pay off some of the $100,000 or so they owe to the people they hired to sell their product and turn public opinion.
If SAG was an actual 'grass roots' organization that had an actual grass roots purpose and didn't share office space and a directorate with Tom Hiltchakakak's firm, they'd have a pretty good case of errors and omissions against the SMI measure's drafter, after making the very stupid mistakes leading to the lawsuit against its balloting and enactment... But, it's a pretty good bet such a claim won't be made ... unfortunately....
What this all demonstrates very clearly is just how corrupt KJ's backers really are, the insidiousness of this powergrab, and that it's likely to continue, SMI or not, until this mayor is recalled or otherwise removed from office -- hopefully in shame he deserves -- and this darkest chapter in the history of Sacramento's governance is wiped clean from our collective community memory...
Thank God for Judge McMasters and for this appellate decision -- there hasn't been enough justice in the justice system lately, and this decision renews my hope that just maybe, once in a while, some semblance of justice ekes through our profoundly flawed legal system...
Kudo's Bill Camp and Kudo's Mike Boyd and Kudo's to both Superior and Appellate Courts