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,~
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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 ~
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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.
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, 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.
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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 }
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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
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