HomeMy Public PortalAbout07) 10A_Vote of No Confidence Los Angeles County District Attorney George GasconAGENDA
ITEM 10.A.
MANAGEMENT SERVICES DEPARTMENT
MEMORANDUM
DATE: June 1, 2021
TO: The Honorable City Council
FROM: Bryan Cook, City Manager
By: Peggy Kuo, City Clerk
SUBJECT: DISCUSS AND CONSIDER ADOPTION OF A RESOLUTION
EXPRESSING A VOTE OF NO CONFIDENCE IN LOS ANGELES COUNTY
DISTRICT ATTORNEY GEORGE GASCON
RECOMMENDATION:
The City Council is requested to discuss and consider adoption of a resolution
(Attachment A) expressing a vote of no confidence in Los Angeles County District Attorney
George Gascón or provide staff further direction.
ANALYSIS:
In the past several weeks several Los Angeles County cities have passed resolutions
expressing no confidence in Los Angeles District Attorney George Gascón. The District
Attorney (DA) is an elected county official established by California Government Code
Sections §26500-26543 and is responsible for the prosecution of criminal violations of
state law and county ordinances occurring within the county in which they are elected.
The Los Angeles DA’s Office prosecutes felony crimes and misdemeanor crimes in
unincorporated area and in 78 of the county’s 88 cities, including the City of Temple City.
The Los Angeles County DA’s Office has a legal responsibility to execute laws enacted by
voters or the state legislature. These laws protect the public and uphold prosecutorial
policies. The DA also oversees investigation, apprehension, and prosecution of these
laws in court.
Los Angeles County DA George Gascón was elected as part of the November 3, 2020
General Election. Since this time, the District Attorney has issued nine (9) Special
Directives (SD) concerning criminal prosecutions. Many cities have expresses concerns
that several of these directives exceed the scope and statutory authority of the DA. It is
argued that these directives could create an environment where quality of life type crimes
are not enforced making it difficult for the Sheriff’s department to address overall crime
City Council
June 1, 2021
Page 2 of 3
issues in the cities it serves and diminishing the quality of life for residents. Due to the
quality of life impacts, these other cities have considered and adopted resolutions
expressing a vote of no confidence in the DA.
The following directives are of note:
SD 20-06: Pretrial Release Policy
SD 20-06 sets forth new policies and protocols on pretrial release and the use of cash bail.
This SD prohibits Deputy District Attorneys (DDAs) from requesting cash bail for any
misdemeanor, non-serious felony, or non-violent felony offense. If cash bail is requested
for other offenses, DDAs must recommend cash bail amounts that are aligned with the
accused’s ability to pay. Furthermore, bail and/or pretrial detention may only be
considered if there are no other options to protect public safety and reasonably ensure the
defendant’s return to court. Additionally, DDAs may not object to the release of anyone
currently incarcerated in Los Angeles County on cash bail who would be eligible for
release under the terms of this SD.
SD 20-07: Misdemeanor Case Management
SD 20-07 states that the following misdemeanor charges shall be declined or dismissed
before arraignment and without conditions unless exceptions or factors for consideration
exist: trespassing, disturbing the peace, driving without a valid license, driving on a
suspended license, criminal threats, drug and paraphernalia possession, minor in
possession of alcohol, drinking in public, under the influence of a controlled substance,
public intoxication, loitering, loitering to commit prosecution, and resisting arrest. Limited
exceptions and factors for consideration include repeat offenses in the preceding 24
months. However, some misdemeanors listed do not have exceptions or considerations.
SD 20-08: Sentencing Enhancements/Allegations
SD 20-08 states that the following sentence enhancements or sentencing allegations shall
not be filed in any cases and shall be withdrawn in pending matters: any prior strike
enhancements, including the Three Strikes Law; STEP Act enhancements (also known as
gang enhancements); violations of bail; and firearm allegations. This SD was later
amended to state that DDAs may pursue the following allegations, enhancements, and
alternative sentencing schemes: hate crime, elder and dependent adult abuse, child
physical abuse, child and adult sexual abuse, human sex trafficking, and financial crimes.
The City Council is requested to discuss the attached resolution and the issues presented,
and to either adopt the resolution or provide staff such other direction as the Council
deems appropriate.
CITY STRATEGIC GOALS:
Adoption of the proposed resolution will promote the City’s Strategic Goal of Public Health
and Safety.
City Council
June 1, 2021
Page 3 of 3
FISCAL IMPACT:
This item does not have an impact on the Fiscal Year (FY) 2020-21 City Budget.
ATTACHMENT:
A. Resolution No. 21-5530 expressing a vote of no confidence in Los Angeles County
District Attorney George Gascon
ATTACHMENT A
RESOLUTION NO. 21-5530
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TEMPLE CITY EXPRESSING A VOTE OF NO
CONFIDENCE IN LOS ANGELES DISTRICT ATTORNEY
GEORGE GASCON
THE CITY COUNCIL OF THE CITY OF TEMPLE CITY DOES HEREBY
RESOLVE, DETERMINE AND ORDER AS FOLLOWS:
WHEREAS, the City of Temple City, California, values and places the highest
priority on public safety and protecting its community; and
WHEREAS, the City of Temple City, California, has a history of supporting public
safety policies that prevent and reduce criminal activity in the community; and
WHEREAS, Los Angeles County District Attorney George Gascón issued a series
of Special Directives in December 2020, including Special Directives related to
enforcement of crimes; and
WHEREAS, Special Directive 20-06 eliminates cash bail for any misdemeanor,
non-serious felony, or non-violent felony offense; and
WHEREAS, Special Directive 20-07 generally requires the declination or dismissal
of many misdemeanor charges, including trespassing, disturbing the peace, criminal
threats, drug and paraphernalia possession, under the influence of controlled substance,
public intoxication, and resisting arrest; and
WHEREAS, Special Directive 20-08 eliminates several sentence enhancements,
including the “3 year prior” enhancements, gang enhancements, and prior-strike
enhancements; and
WHEREAS, several of the Special Directives issued by Los Angeles County
District Attorney contradict and may exceed authority allowed under state laws, which
were enacted through the legislative or ballot initiative process to prevent and prosecute
crime and protect the general public; and
WHEREAS, several of the Special Directives undermine the legislative and ballot
initiative process and risk the safety of the general public; and
WHEREAS, policies that aim to restructure or amend prosecutorial directives need
to be consistent with state law and issued with reasonable intent and priority to protect the
general public and victims’ rights.
NOW, THEREFORE, BE IT RESOLVED that the City Council of City of Temple
City hereby resolve as follows:
Resolution No. 21-5530
Page 2 of 2
SECTION 1. The City Council of the City of Temple City affirms a vote of no
confidence in Los Angeles County District Attorney George Gascón and hereby directs
staff to transmit said Resolution to applicable and interested offices and organizations.
SECTION 2. The City Council of the City of Temple City insists that the Los
Angeles County District Attorney uphold the laws of the State, whether established by the
State Legislature or voters of the State, and that no Special Directives be issued that
contradict these laws.
SECTION 3. The City Clerk shall certify to the passage and adoption of this
resolution.
PASSED, APPROVED AND ADOPTED on this 1st day of June, 2021.
________________________________
Vincent Yu, Mayor
ATTEST: APPROVED AS TO FORM:
Peggy Kuo, City Clerk Greg Murphy, City Attorney
I hereby certify that the foregoing resolution, Resolution No. 21-5530 was duly
passed, approved and adopted by the City Council of the City of Temple City at a regular
meeting held on the 1st day of June, 2021 by the following vote:
AYES: Councilmember –
NOES: Councilmember –
ABSENT: Councilmember –
ABSTAIN: Councilmember –
_______________________________________
Peggy Kuo, City Clerk