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HomeMy Public PortalAbout2003.177 (09-04-03)RESOLUTION NO. 2003- 2003.177 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD REQUESTING THE INVESTIGATION AND PROSECUTION OF FRAUD PERJURY AND OTHER RELATED CRIMINAL OFFENSES RELATED TO THE UPCOMING SPECIAL MUNICIPAL ELECTION WHEREAS, the City Clerk, Andrea L. Hooper, was stripped of her duties as election official in January, 2002 and the former City Manager was named as the new election official despite objections ~related to his inherent conflict of interest; and WHEREAS, the City Manager thereafter appointed the Treasurer of record for recall proponent, Maria Santillan, as Deputy Election Official to monitor the daily activities of pending recalls; and . WHEREAS, the City Council has since detertnined that the action taken to appoint the City Manager as Election Official was a violation of public policy due to conflict of interest and incompatibility of offices; and • . WHEREAS, the City Clerk's duties as election official were restored on April 1, 2003; and ~ WHEREAS, prior to the restoration of election official duties, City Clerk Hooper was not in the position to monitor a fair and fraud-free signature collection process as mandated by State and federal law, nor was the City Clerk in the position to respond to complaints and other protests in connection with the recall process; and WHEREAS, on Apri121, 2003, City Clerk Hooper accepted, as filed, petitions to recall Councilmember Paul H. Richards, II, pursuant to California Elections Code.Section ~ ~ 11222; and WHEREAS, on April 22, 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; and 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; and WfIEREAS, on May 20, 2003, the first regularly-scheduled City Council meeting after she learned of tlie determination from the Registrar-Recorder, City Clerk Hooper submitted a"Certificate of Sufficiency" to the Lynwood City Council in compliance with Elections Code Section 11227; and WHEREAS, on June 3, 2003, the Lynwood City Council cited fraud and irregularities and did not set the date for the recall election as provided in Elections Code Section 11240 and alternatively called for an immediate investigation into the recall effort; and ~ WHEREAS, pursuant to Section 11241 of the California Elections Code, on June t ~ 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; and WHEREAS, on June 4, 2003, City Attorney James M. Casso received information and documents, including declarations signed under penalty of perjury, that individuals who are not registered Lynwood voters collected nearly 1,800 signatures for the recall petitions in violation of Elections Code Section 11045; and 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; and 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; and f,~ ,~ WHEREAS, because of facts uncovered during the June 30, 2003 review, the „ City Attorney advised various local and state election 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; and 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; and WHEREAS, the City Attorney has since uncovered additional evidence that the recall proponents engaged in activities that apparently violated the specific proscriptions of Elections Code Sections 11045 and 11046 and, as a result, that the proponents appear to have defrauded the voters of the City of Lynwood; and ~ WHEREAS, the violations of the recall proponents may subject them to the criminal liabilities as set forth in Elections Code Section 18600, et seq., and/or any other applicable penal provisions; and WHEREAS, on September 2, 2003, the City Clerk admitted that had she been aware of the fraud and the activities of the proponents that occurred during the petition .-, circulation process of the recall she would not have accepted or certified the recall ~ I petitions; 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; and WHEREAS, the Lynwood Crty Council is requesting the assistance of the District Attorney and Secretary of State to investigate and prosecute any and all violations of the law that have been uncovered as a result of the City Attorney's investigation. 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. The City Clerk is directed to immediately upon passage submit a copy of this resolution to the Los Angeles County District Attorney's office and the Secretary of State's office. Section 2. The City Clerk and the City Attorney are authorized and directed -°'1 to continue the investigation into the activities of the proponents of the September 23, -, 2003 special municipal election to ensure that the election is free from irregularities or '~:::- fraud and to report their findings to the appropriate local and state elections, the District Attorney's office and/or to seek appropriate relief from a court of competent jurisdiction. Section 3. The City Clerk, City Attorney, and City Manager are authorized to carry out any transactions so ordered by this resolution. , , Section 4. That the City Clerk shall certify to the passage and adoption of this Resolution and it shall take effect immediately upon its adoption. ` PASSED, APPROVED, AND ADOPTED this. 4th day of Sept•, 2003. ,~: ,~ ~~. ATTEST: ANDREA L. HOOPER, CITY CLERK APPROVED AS TO FORM: FERNANDO PEDROZA, MAYOR APPROVED AS TO CONTENT: CITY ATTORNEY ~ LORRY HEMPE, CITY MANAGER STATE OF CALIFORNIA } SS. COUNTY OF LOS ANGELES } I, the undersigned, City Clerk of the City of Lynwood, do hereby certify that the Foregoing Resolution was passed and adopted by the City Council of the City of Lynwood at a special meeting held on the 4th day of Sept, 2003. AYES: COUNCILMEN BYRD, RICHARDS, PEDROZA NOES: COUNCILMEN REYES, RODRIGUEZ ABSENT: NONE ' ABSTAIN: NONE CL~ERK ANDREA L. HOOPER, CITY STATE OF CALIPORNIA } . } SS. ~ ~ COUNTY OF LOS ANGELES } t ~ ~.. ~ I, the undersigned, City Clerlc of the City of Lynwood, do hereby certify that the above and foregoing is a full, true and correct' copy of Resolution No. 2003 .177 on file in my office and that said Resolution was adopted on the date and by the vote therein stated. Dated this 4th day of Sept. 2003. ANDREA L. HOOPER, CITY CLERK ' ~~ --~'~ ~