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HomeMy Public PortalAbout2003.142 (07-28-03)RESOLUTION N0. 2QA3.142 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD RELATING TO THE CONDUCT OF A SPECIAL MUNICIPAL ELECTION TO BE HELD ON TUESDAY, SEPTEMBER 23, 2003, AND AUTHORIZING CONTINUATION OF THE INVESTIGATION INTO EVENTS LEADING UP TO THE SPECIAL MUNICIPAL ELECTION WHEREAS, on April 21, 2003, Crty Clerk Andrea L. Hooper accepted, as filed, petitions to recall Councilmember Paul H Richards, II, pursuant to California Elections Code Section 11222; ~-- WHEREAS, on Apri122, 2003, City Clerk Hooper had the petitions delivered to the Los Angeles County Registrar-Recorder, requesting a determination that the requisite number of signatures on the petitions had been collected; WHEREAS, on May 8, 2003, City Clerk Hooper learned that the Registrar- Recorder had determined the requisite number of signatures on the recall petitions had been verified, WHEREAS, on May 20, 2003, the first regularly-scheduled City Council meeting after she learned of the determination from the Registrar-Recorder, City Clerk I-Iooper submifted a"Certificate of Sufficiency" to the Lynwood City Council in compliance with Elections Code Section 11227; WHEREAS, on June 3, 2003, the Lynwood City Council did not set the date for the recall election as provided in Elections Code Section 11240. The Council, citing "fr~aud" and "irregularities" in the 'petition effort to recall Councilmember Richards, called for an immediate investigation into the recall effort; WHEREAS, pursuant to Section 11241 of the California Elections Code, on June 6, 2003 the Los Angeles County Registrar-Recorder ordered a special municipal election to be held in -the City of Lynwood, California on September 23, 2003; ' WHEREAS, on June 4, 2003, City Attorney James M. Casso received information and documents, including declarations signed under penalty of perjury, that two individuals who are not registered Lynwood voters collected nearly 1,800 signatures for the recall petitions rn violation of Elections Code Section 11045; WHEREAS, since June 4, 2003, the City Attorney, through an investigation, has learned that certain persons, including proponents of the recall effort may have engaged in a well-calculated scheme to defraud the electoral~process and the citizens of Lynwood; WHEREAS, on June 11, 2003, Superior Court Judge Dzintra Janavs issued an order permitting the City Attorney to inspect the recall petitions and related documents. Pursuant to that order, the review occurred, jointly with the Secretary of State, on June 30, 2003; WHEREAS, because of facts uncovered during the June 30, 2003 review, the City Attorney has advised various local and state elections officials and the Los Angeles County District Attorney's office that irregularities or possible fraud exist involving the efforts of the proponents of the recall; "~ WHEREAS, despite these serious allegations and evidence of irregularities and fraud, the City Clerk, in compliance with Elections Code Section 11381, opened the .- nomination period from June 30, 2003, through July 9, 2003, for persons interested in becoming a candidate to succeed Councilmember Richards; ' WHEREAS, the Lynwood City Council believes that the City Clerk must continue to prepare for the September 23, 2003 special municipal election by fully and faithfully discharging her obligations as set forth in California's Elections Code and the Lynwood Municipal Code; ~ WHEREAS, it is equally' important that the City Clerk's office and the City Attorney's office continue the investigation into the activities of the proponents of the recall to ensure that the election is free from irregularities or fraud; and WHEREAS, the Lynwood City Council believes that a failure to carefully and prudently investigate the allegations would be contrary to public policy and one of the ` fundamental tenets of California's elections law; namely, that elections, including recall elections, be beyond reproach; NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of `', Lynwood does hereby find, determine, order and resolve as follows: ' Section 1. Pursuant to applicable law, the issues to be decided by the voters at the Special Municipal Election on September 23, 2003 are as follows: a. Shall Paul H. Richards II be recalled Yes from the office of the Lynwood City Council No b. If the said Councilmember is recalled, the election of his successor. Section 2. Pursuant to Elections Code Section 10002, the City Council authorizes and directs the City Clerk, if necessary, to request of the Los Angeles County Board of Supervisors to permit the Registrar-Recorder to provide the following assistance in relation to the September 23, 2003 special election: (i) to prepare and furnish to the City, for use in conducting the election, the computer records of all names and addresses of all eligible registered voters in the City in order that the City may print labels to be attached to self-mailer sample ballot pamphlets; (ii) to furnish to the City printed indices of the voters to be used by the precinct board at the polling place; and (iii) to make available to the City additional election equipment, personnel and other assistance according to state law including, without limitation, canvassing the votes if requested by the City Clerk. Section 3. The City will reimburse the County for all services performed when the work is completed and upon presentation to the City of a properly approved bill. Section 4. The City Clerk is directed to forward without delay to both the Board of Supervisors and to the Registrar-Recorder certified copies of this Resolution. Section 5. The City Clerk's adopted budget for the 2003-04 Fiscal Year is amended by transferring the sum of $50,000.00 from the un-appropriated Creneral Fund to the City Clerk's division account for use in conducting the September 23, 2003, special municipal election. Section 6. The City Clerk and the City Attorney are authorized and directed to continue the investigation into the activities of the proponents of the September 23, 2003, special inunicipal election to ensure that the election is free from irregularities or fraud and to report their findings to the appropriate local and state elections officials, the Los Angeles County District Attorney's office and/or to seek appropriate relief from a court of competent jurisdiction. ~ Section 7. That the City Clerk shall certify to the passage and adoption of this Resolution and it shall take effect immediately upon its adoption. ~. ~ FERNANDO PEDR A, MAYO ATTEST: ' O~ ~ Andrea L. Hooper, Ci ty C1 erk APPROVED AS TO FORM: " o, City Attorney APPROVED AS TO CONTENT: . cr c~--~C LJ Lorry Hempe, City Manager STATE OF CALIFORNIA ) ) SS. COIJNTY OF LOS ANGELES ) I, the undersigned, City Clerk of the City of Lynwood, do hereby certify that the above and foregoing Resolution was duly adopted by fhe City Council of the City of Lynwood at a special meeting held in the City Hall of said City on the 28tn day of July 2003, and passed by the following vote: AYES: COUNCILMEN BYRD, RICHARDS, AND PEDROZA NOES: COUNCILMEN REYES AND RODRIGUEZ ABSTAIN: NONE ABSENT: NONE ~,~e~..,~~~ ~, Andrea L Hooper, City Clerk i . ~ __._: STATE OF CALIFORNIA ) ) SS. COUNTY OF LOS ANGELES ) _ I, the undersigned City Clerk of the City of Lynwood, and Clerk of the City Council of said City, do hereby certify that the above and foregoing is a full, true and correct copy of Resolution No. 2003.142 in my office and that said Resolution was adopted on the date and by the vote therein stated. Dated this 28th day of July 2003. 0~ ~ Andrea L. Hooper, City Clerk