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HomeMy WebLinkAbout34-Council Office .. 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 . , -' / , , -,-:~<--- /!?K~##~ /!/ltp~ - 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' ('- .... (" "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- \ "'W 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 _ k,_ ( 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 ??? ( 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