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CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
From: Wendy J. McCarnmack
Subject:
CITY CLERK CONFLICT ON REFERENDUM
AGAINST COUNCIL ORDINANCE MC-l09l
Dept: Council Office
A,,! I"> IH ~L
hi~.li.rl
Date: February 14, 2001
Synopsis of Previous Council action:
January 8, 2001: Council voted, 5-2, to adopt resolution purporting
to "censure" City Attorney Jim Penman.
January 16, 2001: Council voted, 4-3, to enact Ordinance No. 1091
repealing Chapter 2.20 of the S.B:M.C., Outside
Counsel Services.
Recommended motion:
That the Mayor and Cornmon Council encourage the City Clerk to disqualify
herself as the Elections Official regarding the Referendum Against
Cbuncil Ordinance MC - 1091.
~~/~
/"'l./<- rf Signature -
Contact person:
Wendy McCarnmack
Phone:
5068
Supporting data attached: Staff Report
Ward:
All Wards
FUNDING REOUIREMENTS:
Amount:
Source: (Acct. No.)
(Acct. DescriPtion)
Finance:
Council Notes:
75-0262
"I;).{)/DJ
Agenda Item NO: f3'i
STAFF REPORT
The proponents of the Referendum Against Ordinance No. MC-1091 have made a formal
request to the City Clerk to disqualify herself in this matter (copy attached).
The City Attorney, who opposed Measure "M" and supports the Referendum, has
conflicted off on this measure. The City Clerk, who supported Measure "M" and who has
made it difficult for the proponents to obtain necessary information from her office about
the referendum process, should do the same.
The attached letter to the City Clerk from the proponents explains the reason for the
request.
In the hope of restoring confidence in the City Council majority and Mayor, confidence that
was destroyed by the Mayor and Council majority's support of Measure "M", repeal of
Chapter 2.20 of the Municipal Code, and the unwarranted censure of our City Attorney, the
Mayor and Council should encourage the City Clerk to disqualify herself to avoid even the
appearance of conflict.
It is believed that the City Clerk will raise any objection possible and/or attempt to block
the proper processing of the Referendum petition, despite the fact that it was signed by
more than 6,200 of our constituents.
By their signatures, the people have spoken again, as they did on Measure "M". This time,
the Mayor, Council majority and City Clerk should listen.
/./':
I,
February 14,2001
396 W. Highland Avenue
San Bernardino, California 92405
The Honorable Rachel G. Clark
City Clerk, City of San Bernardino
300 North "D" Street
San Bernardino, California 92418
Dear Ms. Clark:
As proponents of the Referendum against Ordinance No. MC-I091 (adopted by the Mayor
and Council on January 16, 200 I) , which attempted to repeal Chapter 2.20 of the San Bernardino
Municipal Code, Outside Counsel Services, we hereby respectfully reqUt:st that you voluntarily
disqualify yourself as the elections official on this proposed measure.
This request is based on your support for Measure "M" as evidenced in the attached Pres.\'-
Enterprise newspaper column from November 8, 2000; your unsuccessful challenge of certain
language in the Rebuttal to the Argument In Favor of Measure "M"; your failure to challenge any
of the Measure "M" proponents' argument language; your antagonistic attitude and comments during
the exchange between yourself and Councilwoman Wendy McCammack at the February 5, 2001
City Council meeting regarding Agenda Item #21; your obvious agreement with the Mayor and City
Council's negative actions (on January 8 and January 16,200 I), directed at our elected City Attorney
during the attempted repeal of Municipal Code Chapter 2.20 and during the so-called "censure" of
the City Attorney by the Mayor and Common Council; your negative attitude towards
Councilwoman McCammack and citizen Pamela Zander during their January 17,2001 meeting in
your office to seek information on the Referendum and Initiative process; and your unwillingness,
during a telephone conversation of January 18 with Councilwoman Wendy McCamrnack, to provide
a date certain when said Referendum Petition would be due until insisted upon by the councilwoman.
We do not believe we can count on you to give our referendum petition, signed by over 6,000
voters, fair and impartial treatment in the process of counting the signatures and making other
determinations on issues that might arise during said process.
l1-~~/~7
Evlyn Wilcox
Referendum Proponent
~~
Wen cCammack
Seventh Ward Councilwoman
and Referendum Proponent
.
,
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-,-:~<---
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Measure's fate
rio reflection
on mayor
..:,
,:._,,". . .
S=nlght, 1 lived ajouroa!isfs
dieam. 1 got to attend the celebratory
." instead of being cooped up m a
newsroom pounding out stories on deadline
wllile the results trickle in. . .
After.checking in with Republicans m
. ,..,,' , RanchoCucamonga,1
headed for the "No on
M" party at Council-
woman Wendy
McCammack's home
, in San Bernardino,
where charter-revi-
sion opponents were
celebrating.
A huge sign aboye
the kitchen window
proclaimed, "Wel-
come All Opponents
of Measure M." A
band- written sign by
the doorbell said, "All
reporters welcome, except Cassie
M Duff"
~t's ni~e to know where you stand. (1 had
said the charter revision, despite its short-
omiogs was needed to break the deadlock
~tween' Mayor Judith Valles and City
AttorneY Jim Penman.)
lraDgthe doorbell, figuring I'd better not
enterwithout permission from McCaIn.
mack, lestPenmim arrest me for trespass-
~he couldn't be pried away from the
computer where she was monitoring elec-
tion results with firefighter Richar~ Lewis.
But a half-dozen others waved me m. The
smell of wine wafted in the arr. .
Councilwoman Betty Dean Anderson m-
sisted the victorious wouldn't gloa~ .
"We're going to celebrate WIth digmty
and class," she repeated several times.
Former Mayor Evlyn WIlcox sat near the
fireplace. Judy Penman,. smiliog broadly,
roamed the house snappmg pictures, wllile
her bUsband circulated through the crowd,
Itwas a different picture at the "Yes on
M" pattY, The small group of supporters
wa$S1lb!lued and glum. _ '
. M9ytlt'.Judlth Vall~sat.on.asofa WIth
her chief of staff Ten RUbl. City Clerk Ra-
chel tIark, clerical.d~;n;otrator. ~dra
Me<lliiif8iidNeigbborhood Association rna-
venFreddie'Spellacy, loOking like they'd
been to a funeral.
CA$.SIE
MAcDUFF
As Councilwoman Susan Uen and Coun-
cilman Frank Schne1Zleft, tien told me the
mayor waited too long to leverage her pop-
ularity into support for the measure.
Only in the final debate did Valles say
her administration is bamstrung by the city
attorney, whose legal opinions sometimes
seem tailored to rationalize his political
agenda
IllSked Valles about the delay. Her ad-
visers had recommended letting the char.
ter committee champion the ballot mea-
sure so it wouldn't be seen as "the mayor's
charter," she said.
Just bow badly the strategy backfired is
illustrated by an ugly last-minute mailer
put out by Measure M opponents.
It attacked attorney Jim Morris as a "ju-
nior lawyer" who was "band-picked" by
vaiIes to head the charter committee.
(Morris was voted chairman by fellow
comm.ittee members. He's a senior asso-
ciate with a Riverside law firm.)
It also claimed Morris "actually wrote
Measure M under Valles' direction." (The
16 committee members wrote it, and the
council revised it before placing it on the
ballot)
"1 really feel bad about that,.. Valles said
of the mailer. "1 fell the attacks were really
against me, and (committee members)
were the scapegoats:'
1 asked Valles ifshe will rework the char-
ter revision and bring it back to the voters,
perhaps separating out the elements this
time - new mayoral powers, appointed
city attorney, safety employees' pay-selting
- so yoters can accept some and reject oth-
ers.
Because Measure M was presented as an
all-or-nothing issue, one can only speculate
about which provision caused it to fail. Per-
haps voters would have approved pay rais-
es for the mayor and council, but rejected
giving up an elected city attorney.
Valles said sbe needs time to examine
ber prtortties before deciding wbether to
put more time and energy into the charter.
Right now, the lakes and streams project,
Santa Fe Depot, Interstate 215 and other
projects are pressing.
'The charter was a piece of cake com-
pared to these other cballenges," sbe said.
As to rumors that the defeat means sbe
won't seek re~Iection, Valles said they
aren't true.
Good. 1 don't think the defeat was a re-
pudiation of ber leadership, and fortunate-
Iysbe isn't laking it that way.
Cassie MacDuff. colwnn appears Tues-
!/flY, Thursday and friday. She can be
. =hed by e-maU '* cmacduff@pe.com
/ / '(",,,L,
I' - .
DELIVERY OF PETITION FOR REFERENDUM
TO RACHEL CLARK'S OFFICE
.....
WM: It's ah, what is today, Wednesday, February 14,3:25 p.m. Thank you.
RC: I'm Rachel Clark, City Clerk of San Bernardino,
WM: Wendy McCammack, Councilwoman.
EW: Evlyn Wilcox.
RC: And these two ladies are the proponents of the referendum. These are the secretaries in the
City Clerk's office.
WM: Okay.
RC: I have a letter that Councilwoman McCammack has just given me. I'm also going to accept
this page as one of the first.
WM: Is there any possibility that we can state that each section because I went ahead. I'll tell you
why just so you know what we did. We went ahead and separated them all by totals.
RC Okay.
" ..,
WM: Before and so they're not in the same order as the total signatures but what we did was put
.44e1-? dA-,) !6J7[ :fF31./
all the tens on top and we've numbered them A,B, and C and they correspond A,B, and C all the way
i down. So if you can take just the top of each section, that would be great.
":iJIII'
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....
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"Ifilli'
RC: Are these copies?
WM: Ahum. These are originals.
RC: I don't believe you can make copies.
WM: Why not?
RC: That's a confidential document. According to the Gov't Code, you cannot use this for
anything else other than confidential document.
WM: I understand.
RC: So.
WM: But we're the ones that circulated them.
RC: No, I know, I know. But I think it's against the law to do this.
WM: Okay, well, how about if! call the City Attorney's office and ask?
RC: Well, again, you know
WM: Well, whether it's a referendum or another referendum or different issues on another
initiative the question would still be the same.
RC: Right. And petitions, and I'll show you the section of the code.
WM: Okay.
RC: Okay, I'll tell you what, let me deal first cause I know we want to take them over to ROV as
fast as possible.
WM: Hi, Dolores, is Huston there by any chance? It's Wendy. It's Wendy. Thank you, thank you.
Hi. Rachel has a concern that we have a set of copies of this petition. And she feels it's against the
law for us to have a set of copies, copies.
RC: Cause it's a confidential document.
WM: Okay, well I need, I need some kind of an answer as to whether any initiative or any
referendum needs, or should be able to have a set of copies by the circulators.
RC: Wendy, refer him to Gov't Code section 6252.5.
2
WM: Gov't Code 6253.5.
...
RC:
As well as.....
WM: Aha, yeah. There's no law against us having a copy. Gov't section Code..... The
confidentiality, Rachel, as far as the City Attorney are ....Deputy City Attorney interpretation is that
you cannot release the copies of these. That's what confidentiality means. The circulators already
know who is on these copies.
RC: Yeah, but you can't, there's also another section of the code, let me see if! can find it
18650 of the Elections Code.
WM: 18650 of the Elections Code. Okay, and what happens if she can't get them. What about,
what about the copies though. We've got the copies here. Okay. Okay. Okay. Okay, I'll do that.
Rachel?
RC: I'll be right there.
WM: How long are these tapes, by the way?
RC: You wanted to
(-
WM: I've got it right here. Okay, well then I'm gonna have to stop the tape, will that be a
problem?
Okay. Okay. But they won't give me any advice.
RC: (Laughs) I didn't think they would.
WM: They want you to call the attorney, if you need advice on the copies, you need to call the
attorney that you chose but as far as I'm concerned,
MT: Do you want me to stamp the front or the back?
RC: Probably the back is my thought, of the first page because there's so much verbiage....
WM: Whatever you want.
RC: On the top. Try it, try it on the top and see if it's legible.
WM: Where, like it's in a blank space, if there's room on a blank space.
RC: Ifnot, then I would just do on the back.
MT: Do you want me to do just the first or do you want all ofthem?
-
RC: No, we're the date stamping the, uh, first page.
3
WM: I'm going to shut the tape off.
'"
[TAPE BACK ON]
WM: Just out of curiosity, what would you have done if you didn't know we had a set of copies?
RC: We wouldn't have been able to do anything, but knowing that,
WM: Knowing that what?
RC: Something.
WM: What do you have to do?
RC: Well, I have to make sure that it is okay to do that because as I interpret the law, it's strictly
confidential document and it cannot be used for any other purpose.
WM: Exactly.
RC: And you're filing the original.
WM: Right.
(: RC: There's no, we're checking right now with the Registrar of Voters office.
WM: Okay.
RC: I take it these are allIO's..
?~ Ahum.
WM: They're in order by 10, and then the 9's will be under that. And the letters, in alphabetical
order each stack so if that makes it easier.
RC: Do you have any idea how many stacks there are?
WM: No, I'm sorry.
RC: That's okay.
??? 165.
[TAPE OFF]
0;-
WM: We have them in order by 10 and then 9's and then 8's all the way down. Except for the last
two stacks which were handed in.
,-
4
I
RC: Okay.
;,;ill'
WM: At the very last minute.
RC: Okay. Linda go ahead and start.
RC: (Unintelligible) it will make it easier.
WM What we have done is I had a (Unintelligible)
RC: These here are allIO's,
WM:
RC: 10,10,3,10,10,10,10,
WM: One more.
RC: Why don't you and I take half.
WM: 9. And there's one below that just has one.
RC: 9. Is that ahh, that looks like a 10.
',-
WM: It's not, they're 9's.
RC: Okay.
WM: Those are 9's.
RC:
WM: And then there's one set of newspaper ones that are 10's.
RC: Ahh, yeah, because 10's and 9's and do you have anything below that?
WM: Oh, yeah, all the way down to I.
RC: Okay.
WM: Here's more 10's.
RC: These are allIO's, 10's. Here's a 10. Really all you need to do here is count the number of
pages multiply it by 10 and then fill it out.
-
WM: Let's look at the file.
5
I
RC: No because well, we're taking them at their word that there are 10.
(
<;....,
EW: Well it doesn't hurt to just look at it before we count it.
RC: Yeah. Okay, let me see what we have over here.
WM: Here are 9's, Rachel.
RC: Okay.
WM: Two stacks of9's.
RC:
WM: 8, 7, 6's,
RC: Yeah give me the 9's.
WM: Alright, I just thought I'd do that.
??? I's, 3's, 2's, I's, here's a I also, the newspaper is really dirty, you guys, I'm sorry.
('''' RC: Okay.
.....
EW: Here's some more l's.
LH: These are 2's.
WM: 1 's, 2's, 3'5,4'5, 5'5.
EW: Where are the 4's?
WM: 5, didn't have any of the newspapers, I'm sorry, I lied.
LH: All of mine are 10 Rachel, I'm just going to as I count them. I know, it looks like they've
done them in 50's so I'm just going to put 50 here and then how many there is.
RC: That's fine. Are there any more... 50 pages for 50 sections with 10 signatures and then
total the number of signatures.
LH: Okay, then when but they're all 10 for sure. I just changed each of these to a 10 as I'm gonna
go down.
RC: Oh, I see. No
"""~
-
WM: No, they're not.
6
I,
LH:
" '" RC:
LH:
RC:
LH:
Oh, I thought mine were. Okay. Well I'll watch, I'll look at em but uh, ....
Linda, I have one sheet to each section that means each stack.
Oh, okay.
And then there's no question.
Remember the petition section. So 50 x 10 = 500.
???? Are we (Unintelligible) what was them,
WM: Ahh, down here.
RC: Put the number
??? Oh, okay.
RC: Um
RC: Are these 8?
WM: Yes, I believe they are Rachel.
'\.,."
RC: (Unintelligible)
WM: Yes, well we tried to keep that, so you wouldn't have to visually look. Once we knew it was
a no good signature, we just kind of put it in the pile where it belonged. Okay, I have another set of
9's here for you.
LH: I'm going to need several more then Rachel.
RC: Yes.
WM: Do you want me to make some Rachel?
LH: I can do it if you have a master.
RC: We've got some extra ones here.
LH: Let me fill this one out and then I'll go run some more so I don't ....1 have to make 2 more.
[LONG PAUSE]
???: I can a few more. Sandy's using the copier.
--
7
LH: Well Sandy's running stuff on the Agenda. 1 only need 10 more.
I
\,
WM: 30, there's the 37 stacks. I did know.
LH: I'm still working on it. I'll give you what I have here. I'm sure there's other ones here but.
You might wantta put this top one
Long Pause (counting)
LH: that number
??? Yeah.
LH: On there.
[PAUSE]
??? This was in a batch with 6, this one only has 5.
??? (Unintelligible)
WM: Anybody else have a batch of 5's.
,r-
\
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LH: Yeah, this one has 9's
WM: Wait, wait, wait. It has what?
LS: It has 9 sheets.
MT: So this will make the 10th one.
WM: I'm kind of (Unintelligible)
LH: I've got two different, I think tw...I got 21 the first. I think it's 22 but Ijust wantta make sure.
22 .22.
WM: Are they numbered?
MT: Ahum.
WM: Up to what?
MT: 22.
-
,- WM: Okay.
8
I.--~~
LS: I need another form, are we out again?
MT: I think so, hold on.
(TALKING AT THE SAME)
WM: 7,8, I,
??? That's mine.
000 I don't think you've done anything.
(TALKING AT SAME TIME)
??? I'm just putting them in order, they're A,B,C,D,E,F
LH: Oh, okay, I thought you were taking, you want these or do you want me to set
MT: Well we have to (Unintelligible)
RC: I need two.
WM: There's two more pages that have 2's.
( - done?
LS: Ahum.
WM: Here's one more.
(Unintelligible) Is anybody working on 6's? Are you
(RUFFLING OF PAPERS)
LH: Are there anymore.
WM: There's one and then there's (Unintelligible) if can have it all on one sheet, I don't know.
LH: Okay, okay.
(RUFFLING OF PAPERS)
LH: It looks like they're in order, though.
WM: They are, they are, yes.
???
-
WM: Okay, thanks.
9
(",
<.:
.-
??
MT: That's the number we over
WM: Oh, okay. Let's see there's I,
LH:
3.
(RUFFLING OF PAPERS)
RC: Is that it?
??? Ahum.
WM: Now, we know more are coming in.
RC: Don't forget, you can't, they have to all be filed together. You can't file them in separate,
I mean, they all have to be filed at once.
WM: So even though that tomorrow's the deadline, even though people are bringing them in still.
I can't turn them in?
RC:
Right. They have to be turned in all at once.
RC:: Uhm, that's okay. I'm not worried right now about the order that they're in
(RUFFLING OF PAPERS)
RC: Why don't you
LH: Put that paper clip at the top is that right?
RC:
number.
Michelle can go ahead and
the total
??? You want all her to have all of these.
RC: Ahum.
??? Okay.
RC: I'll give you (Unintelligible)
WM: Yeah.
,,""
MT: 26,94,15,40,84,76,42, 140,32,208, 12,96,48,45,261,450,50, 150,220,218,87,500,
500,500,500,500,500,500,500. You want to keep going?
10
1.-
LH: That's what I've got.
(
" ... WM: How many?
RC: 6464.
??? Okay, I'm going to condense everything on one sheet, all the numbers.
??: Ahh, yeah, total numbers, the count, how much.
???
Yeah, we
verify .
RC: Go ahead, based on maybe between the two of us we can do that part of it.
??? Aha.
RC: Go ahead and aahh, type in the information here, type in the information here.
???
RC: Oh yeah we need to know the other sections, that's true.
LH: You don't need us (ruffling of papers)
f
;", "
RC: What we need, why don't you gather all of the and all of the
. (Ruffling of Papers)
??? 55,3,4,4, I, 1,2,
WM: 2, and then that's miscellaneous.
LH: This is 10, is there any other 10.
LH: This is 9
LH: That's 9.
RC: Call off these.....
??? Yeah. Numbers down.
MT: 22.
RC: Okay, wait. Linda you wantta tally this with me too?
,..". MT: You want me to?
11
RC: Yeah. She's calling like you just did. This time I'm talking about the special.
??? Okay.
,." ??? 5,
RC: Did you say 5.
MT: Yes.
MT: Okay. 29,50,54,26, and 4.
??? 30.
??? Yeap.
??? Sections 7, 20,
??? 20.
??? 2-0.
??? Yes.
??? That's it.
{
\.-
??? That's it.
??? Okay.
??? 16
??? Are we at 16?
WM: Yeah.
??? 16,
??? Ahu.
MT: 10, 8, 6, and 2.
??? (Unintelligible)
MT: 465, 10 and 30, 19, and 21.
WM: Well wait, 19 I'm sorry 40, right Linda.
.-
LH: Yes.
13
- I.
MT: For 3 we have 6, and 20. For 2 we have 44
", WM: Just a minute. Okay, g ahead.
MT: 47,and 13,
WM: 67.
MT: Ahum.
WM: That was times 2.
??? Ahum.
WM: Okay.
??? For I we have, 40, and 15.
WM: Wait a minute, here's the 2's also. Did you do that 4713? I'm sorry, I'm sorry.
MT: Okay, miscellaneous, the single sheets that came in?
MT: This is all on one sheet.
I
'I."
RC: We can probably add them to - no . . . .
RC: Why can't they be added to these.
MT: Yeah.
RC: Because they're ....
MT:: We can't. . . . you can just take the number there and do that and then, put, did you want, did
you want to put them with?
RC: You've got total on that 87.
MT: Yeah, so add these plus 16.
RC: We just need to.... I'll just put 16 - miscellaneous, I'll just put see attached, okay.
RC: Then they total 87. So we've got .....
MT: Mine came up to 6458
.,~
,-
RC: That's what I came up with.
14
MT: The last totals I came up with 6458.
RC: Yeah, we come up with a few shy. But that's okay, its prima facie which means
WM: Lower number is fine.
RC: We've got enough, so what we'll do at this point is go with the first count first
MT: Okay.
RC: And the important thing is that we've got the minimum number of signatures which was
4159. So go ahead and figure.... containing.... go ahead and total.... do you want me to read them
offto you?
WM: Absolutely.
RC: You want this larger one?
WM: Please.
RC: 443,84,30,20,32,40,40,26,
WM: That's the difference right there.
,....-
RC: 60
WM: Go ahead.
RC: 55 and 16, 846. Let's do some of these again. I'm gonna go with this one.
?? Okay.
RC: 4430,
???
RC: 4430,756,240,140,192,200,160,78,120,55, and 87.
RC: 6458.
RC: Okay, so indicate 846 for the past 9
have them, well you have the names. We'll have them sign it.
and then we'll
?? (Unintelligible)
- SM: Okay.
15
RC: And the proponents and then which one
sign it.
and then we'll have them
\
WM: Okay.
RC: Okay.
WM: I'll just put this
down so I wouldn't have to
RC: No,
. Made it easy for us. As easy as hope yesterday.
EW: Rachel, for information do these go over to the Registrar with this copy.
RC: We'll give them that master copy that we just did. That one that had the summary of all the
totals.
EW: Okay. And then, and then.
RC: That really is not that important to them because it's just for tallying purposes so that we
know how many
EW: Well so that, yeah, so that you know they've got what you counted.
",.",
RC:
Yeah, I'll do a cover letter.
EW: Ahum.
RC: You know indicating how many we
WM: Ahum.
RC: What we're transmitting and the minimum number of signatures, how many days they have.
They have ten days from today's filing and I think, based on what you indicated yesterday, Wendy,
that you would be coming in today. I think the lOth day falls on a Saturday ifI'm not mistaken so,
Monday is a holiday, so I don't know if they're going to go the full max. If they aren't done by the
Friday before that 10th day, it would automatically push over to the following Monday.
WM: For calendar days though.
RC: 10 days, the lOth day which the day would be Saturday, I don't have a calendar with me right
now. And whatever next Saturday is, the week from this Saturday. I don't remember the date
exactly.
EW End of February.
i
.- WM 24th.
16
-,),-
,
c.,
C
."
RC: Is that right?
EW: Saturday is the 24th.
WM: Ahum.
EW: Yes, the following Saturday.
RC: Today being the 15th, no the 14th. 1,2,3,4,5,6,7,8,9, 10, 24th day is Saturday.
WM: 10 days from tomorrow.
RC: 10 days from today, today is the date you file it.
WM: Today is the first day or today is.
RC: Tomorrow is the first day. Tomorrow is the number one. So it's 1,2,3,4,5,6,7,8,9,10.
10th day is the 24th.
WM: Saturday.
RC: Saturday. So whenever it falls on a Saturday, the deadline then would be pushed offto the
following Monday. Now that doesn't mean they're going to use the, I don't know how long it's
going to take them. I'm just saying that they have, as we do, the 19th as a holiday. So I don't know
how much it will impact them. Remembering to tell, ask them to, you know, count and verify but
at the point. Let's say that they, they get to the minimum number required. There's no point in
checking anymore signatures. You see what I mean.
WM: Let me ask you.
RC: But, you know, that's aahh.
EW: You go till you get the valid number that's required.
RC: Right and that qualifies it at that time. So
WM: So are you going to excuse yourself? From this process.
RC: You know, I just read it real quickly, I haven't had a chance to, to really digest what it is, so
I will look at it.
WM: Okay.
LH: I hope not.
WM: So when are you going to take these to ROV?
17
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(
RC: What time is it now, 4. If we can get the letters in today, we'll get it over this afternoon. If
not, we'll do it Thursday in the morning.
WM: Okay, so where do they stay in the meanwhile?
RC: They will be locked up in the vault.
WM: Okay,
RC: They will be locked up in the vault.
WM: Okay.
RC: So.
WM: Who has access to that vault?
RC: Only myself, no one else. No one else.
WM: Who in your staff has access to the vault?
RC: Admin staff, Sandra and I, we,
("
,,,. WM So you, Michelle, Linda, Linda...
RC: and Sandra,
WM: .....and Sandra.
RC: You don't need to worry about that.
WM: Oh well I am,
RC: Well then trust me, I would never ever ever
WM: I am worried about it though.
RC: Ever
LH: She judges us by herself, I guess, Rachel.
EW: So, uh.
( ,~
".,
RC And the Elections Code requires that I give you . This Gov't
Code section 8405 on mass mailings so just (Unintelligible) as soon as she brings it in we'll have you
sign it and give you a copy
18
--.-.---.,,
(,
c.
??? I need you to run a copy.
RC: And I'll be right back.
???
RC: No that's fine Linda, thank you.
WM:
RC: Linda do me a favor, call ROY and ask them how late somebody will be there, I'll try to get
the cover letter over to ROY, hand delivered this afternoon.
WM: And you're giving us this in relation to what, this?
RC: It's a requirement does that.
WM: Of what.
RC: The Elections Code requires that we give any filer proponent copy of the mass mailing
requirements.
WM: Okay.
RC/WM: 14.
RC:
Okay, and then have you filled this one out. Go ahead and run a copy of that
~~~
I'll be right back.
RC: This is just a fee schedule stating
the copy of section 84305 of the mass mailing requirements.
WM: Sign it when you get the receipt.
RC: Pardon.
WM: She needs to sign it when she gets the receipt.
RC: Oh, that's what I say, I'm just showing her where it is.
EW: 2 different from what we've calculated, 2
WM: 2 signatures, 4 signatures
. 4159.
???
Ahum.
19
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(
WM: Can you go ahead and give us another original?
RC: That just indicates.
WM: Can you type up another original for us?
RC: We can do that.
WM: That'd be great. Thanks Michelle.
MT: You're welcome.
WM: That statement of Linda's is why I think this office ought to disqualify themselves - just so
you know.
RC: I'm sorry that that's being pushed, I'm really am.
WM: Well, that proves that there's some.....
RC: No.
(~ WM: .....reasoning in this office for, to distrust certain people.
RC: No.
WM: Do you want the box, Rachel? Where did it go?
RC: Nobody's been in here. I don't think anyone's taken it. Are you sure you didn't give it to
Dave?
WM: Oh, sorry, that's what I did.
RC: Okay.
WM: That's what I did.
WM: 14.
?? Yes.
RC: I'll give you a copy of that.
(... WM: You're going to give us an original.
RC: Yes.
20
-.- I'-~---.-_.
??:
r
,
, yeah.
WM: Rachel, what address did I put on the proponents piece of paper. I put the business address,
396 W. Highland?
RC: Yes.
WM: Okay.
??
WM: That'd be great thank you.
RC: Wendy, do you want two copies of this.
WM: One's fine, don't you think?
EW: One's fine. I lose more than 2 pieces of paper.
RC: Okay.
EW: Okay, ahum, she called the Registrar
I'
\." RC: Let me go check. I think they're waiting for a call back.
Pause.
RC: Okey, doke, here's the copies, um. It's okay, the copies.
WM: What's okay?
RC: You can use them my only caution is that if you use them to circulate an initiative, you know
that you would have to start all over again? You wouldn't be able to use the same signatures. I
mean you'd have to get original signatures.
WM: I understand.
EW: We understand.
WM: I completely understand that.
RC: Okay.
WM: document.
CO RC: Pardon.
21
_....J
I'
\
WM: You gave me the photocopies
RC: Okay.
WM: Now the documentation that you give us at the dais and provide us regarding the initiative
RC: Aha.
WM: Is that the only documentation you need regarding the initiative?
RC: You have.
WM: That pink sheet.
RC: Okay, no, I think you may have been given copies of the Elections Code and the uh, charter.
WM: You gave them to me?
WM: In relationship to the referendum, this is what you gave me. I have everything in there and
the pink copies, then I have everything.
RC: Okay.
r
,.... WM: That's the document you gave me and I made notes on.
RC: Now what is it that you want?
WM: All the documentation that refers to initiative.
RC: Okay. Give her the pink and copies of the Elections Code and, I don't mean the Gov't Code,
I mean the charter section 20
WM: The charter copy is in here.
RC: Oh, then
WM: The charter copies that I have
Government Code you gave me.
and that's the initiative of
RC: Okay, she needs the Elections Code on initiative.
WM: By the way, is what told me you gave me but you didn't.
RC: Give them to Ms. Zander.
("
WM: Right but you said you gave it to me at the dais. And that's the public apology that I think
I deserve.
22
---"
RC: That's the one that I don't believe you ever asked for. There wouldn't be no reason for me
(. . not to give it to you. None whatsoever.
???? (Unintelligible)
SM: Probably the one of this one.
WM: Give me a photocopy of that.
RC: You need a copy
WM: No, I'll make another one. Is that the letter that goes to ROV?
RC: No, I haven't prepared that yet.
WM: Okay, um.
RC: Okay, ahum
WM: That's the original.
RC: This is the certificate original.
(" WM: Thank you.
RC: Okay. And that's it.
(
, ...
23