AGENDA REPORT
Meeting Date: January 4, 2022
Item Number:
To: Honorable Mayor and City Council
From: Cynthia Owens, Policy and Management Analyst
Subject: REQUEST BY MAYOR WUNDERLICH AND VICE MAYOR BOSSE
TO DISCUSS THE RECALL OF LOS ANGELES COUNTY
DISTRICT ATTORNEY GEORGE GASCÓN; AND
RESOLUTION OF THE COUNCIL OF THE CITY OF BEVERLY
HILLS TO SUPPORT THE RECALL OF LOS ANGELES COUNTY
DISTRICT ATTORNEY GEORGE GASCÓN
Attachments: 1. Proposed Resolution
2. Resolution No. 21-R-13337
RECOMMENDATION
It is recommended the City Council discuss the recall of Los Angeles County District Attorney George Gascón and adopt a resolution of support for the recall. (Attachment 1).
INTRODUCTION
Mayor Wunderlich and Vice Mayor Bosse are requesting the City Council discuss and adopt a resolution in support of the recall of Los Angeles County District Attorney George Gascón. This item presents a resolution to the City Council for formal adoption.
DISCUSSION
The District Attorney (“DA”) is an elected county official established by Government Code Section §26500-26543. The Los Angeles County DA’s Office was established by an act of the California Legislature on February 27, 1850.
The DA is responsible for the prosecution of criminal violations of state law and county ordinances occurring within the county in which they are elected. This includes investigation and apprehension, as well as prosecution in court. The DA serves as legal advisor to the Grand Jury and, through its family support division, enforces parental F-1
Meeting Date: January 4, 2022
financial obligations. The Board of Supervisors exercises budgetary control over elected DAs but not operational control.
Every four years, the voters of Los Angeles County elect a nonpartisan DA to serve as the chief prosecutor for the County. A candidate for office must be a law school graduate and member of the State Bar of California.
The elected DA is in charge of the office that prosecutes crimes which occur within Los Angeles County. The Los Angeles County DA’s Office has the sole responsibility for prosecuting all felony crimes committed in Los Angeles County and prosecutes misdemeanor crimes in the unincorporated areas of the county and in 78 of the county’s 88 cities.
The cities of Burbank, Hawthorne, Inglewood, Long Beach, Los Angeles, Pasadena, Redondo Beach, Santa Monica, and Torrance have their own City Attorneys who prosecute misdemeanor crimes and municipal code violations that occur within their jurisdictions. The City of Hermosa Beach, which is a general law city, contracts with the City of Redondo Beach for City Prosecutor services, which are limited to criminal misdemeanor cases.
District Attorney George Gascón
George Gascón was elected as the DA for Los Angeles County in November 2020. He was sworn into office on December 7, 2020. Since being sworn in, Mr. Gascón has issued numerous Special Directives and two subsequent amendments, which outline new policies and procedures for the Los Angeles County DA’s Office. Several directives are of concern for the public safety of the residents of Los Angeles County and the residents of Beverly Hills.
There are three Special Directives of concern to the City. They are:
Special Directive 20-06: Pretrial Release Policy, which eliminated cash bail for any misdemeanor, non-serious felony, or non-violent felony offense. Special Directive 20-07: Misdemeanor Case Management, which lists numerous misdemeanor charges that will be declined or dismissed before arraignment and without conditions unless “exceptions” or “factors for consideration” exist. Special Directive 20-08: Sentencing Enhancements/Allegations, which provides that the following sentence enhancements or sentencing allegations shall not be filed in any cases and shall be withdrawn in pending matters:
o Any prior-strike enhancements, including the Three Strikes Law; STEP Act enhancements (also known as “gang enhancements”); violations of bail; and firearm allegations
Additionally, Mr. Gascón will not seek the death penalty for any case involving murder in Los Angeles County. He is also working to actively to convert death sentences to life without parole for many felons convicted previously of murder and sentenced to death.
On March 16, 2021, the City Council adopted Resolution No. 21-R-13337, which was a vote of no confidence in Los Angeles County DA George Gascón.
Earlier in 2021, a recall effort for Mr. Gascón began; however, it was unable to gather enough financial support and signatures to be successful.
Meeting Date: January 4, 2022
On December 6, 2021, supporters of a new recall effort for Mr. Gascón announced they will serve the DA with a "notice of intent" to remove him from office. The Registrar of Voters will then need to approve the recall petition. Organizers will have 160 days from the date of approval to collect more than 580,000 signatures from registered voters in Los Angeles County.
According to the proponents of the effort to recall Mr. Gascón, there has been an increase in widespread crime in Los Angeles County, including:
An increase in follow-home robberies in recent weeks; Repeated smash-and-grab incidents at various retail stores; The fatal shooting of philanthropist Jacqueline Avant at her Beverly Hills home; and
Armed men entering a home in Pacific Palisades during a Christmas Party, threatening the attendees and demanding their belongings.
Mayor Wunderlich and Vice Mayor Bosse are requesting the City Council discuss and adopt a resolution in support of the recall of Los Angeles County District Attorney George Gascón.
FISCAL IMPACT
There is no fiscal impact associated with the adoption of this resolution.
Gabriella Yap,
Deputy City Manager
Approved By
Attachment 1
B0785-0001\2606512v1.doc
-1-
RESOLUTION NO. 22-R-_______
RESOLUTION OF THE COUNCIL OF THE CITY OF BEVERLY
HILLS TO SUPPORT THE RECALL OF LOS ANGELES COUNTY
DISTRICT ATTORNEY GEORGE GASCÓN
WHEREAS, the City of Beverly Hills places the utmost priority on public safety and protecting its community; and
WHEREAS, the City of Beverly Hills has a history of supporting legislation and ballot initiatives that increase public safety and protect the community; and WHEREAS, the City of Beverly Hills emphasizes supporting public safety policies to prevent and reduce criminal activities in its adopted 2021 Legislative Platform; and WHEREAS, Los Angeles County District Attorney George Gascón unilaterally issued a series of Special Directives in December 2020 including Special Directives 20-06, 20-07, and 20-08, which all undermine public saftey by eliminating cash bail for any misdemeanor, nonserious felony, or non-violent felony offense, dismissing certain misdemeanor charges, and eliminating sentencing enhancements ; and
WHEREAS, some of the Special Directives issued by Los Angeles County District Attorney George Gascón contradict state laws that were enacted through the state legislature as well as the legislative ballot initiative process to prevent and prosecute crime and protect the general public; and
WHEREAS, policies that aim to restructure or amend prosecutorial directives need to be consistent with state law and issued with reasonable intent and priority to enhance public safety and protect the general public and victims’ rights; and WHEREAS, the City Council of the City of Beverly Hills adopted Resolution No. 21-R-13337, which was a vote of no confidence in Los Angeles County District Attorney George Gascón; and
WHEREAS, there has been an increase in follow-home robberies in recent weeks in Los Angeles County and repeated smash-and-grab incidents at various retail stores; and WHEREAS, there is a fear for safety in the community due to the fatal shooting of philanthropist Jacqueline Avant at her Beverly Hills home as well as an incident involving armed men entering a home in Pacific Palisades during a Christmas Party, threatening the attendees and demanding their belongings.
NOW, THEREFORE, the Council of the City of Beverly Hills resolves as follows:
Section 1. The City of Beverly Hills insists Los Angeles County District Attorney George Gascón uphold the laws of the state, whether they were established by the state legislature DocuSign Envelope ID: F3FFB33B-4DD6-4995-A827-3B6E5F87A7F8 B0785-0001\2606512v1.doc
-2-
or the voters of this state, and demands no Special Directives be issued by Los Angeles County District Attorney George Gascón which contradict these laws.
Section 2. The City of Beverly Hills supports the recall of Los Angeles County District Attorney George Gascón .
Section 3. The City Clerk shall certify to the adoption of this resolution and shall cause this resolution and her certification to be entered in the Book of Resolutions of the Council of this City.
Adopted:
ROBERT WUNDERLICH
Mayor of the City of
Beverly Hills, California
ATTEST:
(SEAL)
HUMA AHMED
City Clerk
APPROVED AS TO FORM: APPROVED AS CONTENT:
LAURENCE S. WIENER GEORGE CHAVEZ
City Attorney City Manager
DocuSign Envelope ID: F3FFB33B-4DD6-4995-A827-3B6E5F87A7F8 Certificate Of Completion
Envelope Id: F3FFB33B4DD64995A8273B6E5F87A7F8 Status: Sent Subject: Please DocuSign: Resolution - Recall George Gascon.pdf Source Envelope:
Document Pages: 2 Signatures: 1 Envelope Originator:
Certificate Pages: 2 Initials: 0 Cindy Owens
AutoNav: Enabled
EnvelopeId Stamping: Enabled
Time Zone: (UTC-08:00) Pacific Time (US & Canada)
455 N. Rexford Drive
Beverly Hills, CA 90210
[email protected]
IP Address: 198.245.189.166
Record Tracking
Status: Original
12/21/2021 11:15:28 AM
Holder: Cindy Owens
[email protected]
Location: DocuSign
Signer Events Signature Timestamp
Stephanie Cao for Laurence Wienrer
[email protected]
Security Level: Email, Account Authentication
(None)
Signature Adoption: Pre-selected Style
Using IP Address: 208.87.233.201
Sent: 12/21/2021 11:18:36 AM
Viewed: 12/21/2021 11:20:01 AM
Signed: 12/21/2021 11:21:23 AM
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Cynthia L Owens
[email protected]
Policy & Management Analyst
City of Beverly Hills
Security Level: Email, Account Authentication
(None)
Sent: 12/21/2021 11:21:24 AM
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
George Chavez
[email protected]
Security Level: Email, Account Authentication
(None)
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Robert Wunderlich
[email protected]
Security Level: Email, Account Authentication
(None)
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Huma Ahmed
[email protected]
Security Level: Email, Account Authentication
(None)
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
In Person Signer Events Signature Timestamp
Editor Delivery Events Status Timestamp
Agent Delivery Events Status Timestamp
Intermediary Delivery Events Status Timestamp
Certified Delivery Events Status Timestamp
Carbon Copy Events Status Timestamp
Adrianne Tarazon
[email protected]
Security Level: Email, Account Authentication
(None)
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Dorina Mohan
[email protected]
Security Level: Email, Account Authentication
(None)
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Jackie Perez
[email protected]
Security Level: Email, Account Authentication
(None)
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Witness Events Signature Timestamp
Notary Events Signature Timestamp
Envelope Summary Events Status Timestamps
Envelope Sent Hashed/Encrypted 12/21/2021 11:18:36 AM
Payment Events Status Timestamps
Attachment 2
DocuSign Envelope ID: 5B935CC7-08D8-4414-BCAD-59FA 14478102 RESOLUTION NO. 21-R- 13337
RESOLUTION OF THE COUNCIL OF THE CITY OF BEYERL Y
HILLS OF VOTE OF NO CONFIDENCE IN LOS ANGELES
COUNTY DISTRICT ATTORNEY GEORGE GASCON
WHEREAS, the City of Beverly Hills places the utmost priority on public safety and protecting its community; and
WHEREAS, the City of Beverly Hills has a history of supporting legislation and ballot initiatives that increase public safety and protect the community; and WHEREAS, the City of Beverly Hills emphasizes supporting public safety policies to prevent and reduce criminal activities in its adopted 2021 Legislative Platform; and WHEREAS, Los Angeles County District Attorney George Gascon unilaterally issued a series of Special Directives in December 2020 including Special Directives 20-06, 20-07, and 20-08; and
WHEREAS, Special Directive 20-06: Pretrial Release Policy, eliminated cash bail for any misdemeanor, non-serious felony, or non-violent felony offense; and WHEREAS, Special Directive 20-07: Misdemeanor Case Management, lists numerous misdemeanor charges that will be declined or dismissed before arraignment and without conditions unless "exceptions" or "factors for consideration" exist. These misdemeanor charges include trespassing, disturbing the peace, criminal threats, drinking in public, drug and paraphernalia possession, under the influence of controlled substance in public, public intoxication, resisting arrest, driving without a valid license or with a suspended license, minor in possession of alcohol, loitering, and loitering to commit prostitution; and WHEREAS, Special Directive 20-08: Sentencing Enhancements/ Allegations eliminates several sentence enhancements, including the Three Strikes Law, gang enhancements, and violations of bail; and
WHEREAS, some of the Special Directives issued by Los Angeles County District Attorney George Gascon contradict state laws that were enacted through the state legislature as well as the legislative ballot initiative process to prevent and prosecute crime and protect the general public; and
WHEREAS, policies that aim to restructure or amend prosecutorial directives need to be consistent with state law and issued with reasonable intent and priority to enhance public safety and protect the general public and victims' rights; and 80785-0001 \2511498v2.doc -1-
DocuSign Envelope ID: 58935CC7-0808-4414-BCAD-59FA 14478102 NOW, THEREFORE, the Council of the City of Beverly Hills resolves as follows:
Section I. The City of Beverly Hills strongly affirms a vote of no confidence in Los Angeles County District Attorney George Gascon and hereby direct staff to transmit the resolution to applicable and interested offices and organizations.
Section 2. The City of Beverly Hills demands Los Angeles County District Attorney George Gascon rescind every Special Directive issued since being sworn into office on December 7, 2020.
Section 3. The City of Beverly Hills insists Los Angeles County District Attorney George Gascon uphold the laws of the state, whether they were established by the state legislature or the voters of this state, and demands no Special Directives be issued by Los Angeles County District Attorney George Gascon which contradict these laws.
Section 4. The City Clerk shall certify to the adoption of this resolution and shall cause this resolution and her certification to be entered in the Book of Resolution of the Council of this City.
Adopted: March 16, 2021
ATTEST:
HUMAAHMED
City Clerk
APPROVED AS TO FORM:
LAURENCE S. WIENER
City Attorney
80785-000 I \25 l 1498v2.doc
(SEAL)
-2-
LESTER J. FRIEDMAN
Mayor of the City of
Beverly Hills, California
APPROVED AS CONTENT:
GEORGE CHAVEZ
City Manager
(};/.(}
Certificate OfCompletion
Envelope Id: 5B935CC708D84414BCAD59FA 14478102
Subject: Please DocuSign: Resolution - No Confidence George Gascon.docx Source Envelope:
Document Pages: 2
Certificate Pages: 3
AutoNav: Enabled
Envelopeld Stamping: Enabled
Signatures: 4
Initials: 1
Time Zone: (UTC-08:00) Pacific Time (US & Canada)
Rece>rd Tracking
Status: Original
3/11/2021 6:46:49 PM
. .
SJgnerJ:ve11~
Lolly Enriquez for Laurence S. Wiener
[email protected]
Security Level: Email, Account Authentication
(None)
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Cynthia L Owens
[email protected]
Policy & Management Analyst
City of Beverly Hills
Security Level: Email, Account Authentication
(None)
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
George Chavez
[email protected]
Security Level: Email, Account Authentication
(None)
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Lester J. Friedman
[email protected]
Security Level: Email, Account Authentication
(None)
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Holder: Cindy Owens
[email protected]
Signature
Signature Adoption: Drawn on Device
Using IP Address: 107.77.228.57
Signed using mobile
(};/.(}
Signature Adoption: Pre-selected Style
Using IP Address: 198.245.188.139
Signature Adoption: Pre-selected Style
Using IP Address: 198.245.188.139
Signature Adoption: Pre-selected Style
Using IP Address: 173.227.40.115
Signed using mobile
Status: Completed
Envelope Originator:
Cindy Owens
455 N. Rexford Drive
Beverly Hills, CA 90210
[email protected]
IP Address: 198.245.188.139
Location: DocuSign
Tirriestamp
Sent: 3/11/2021 6:50:34 PM
Viewed: 3/11/2021 7:30:06 PM
Signed: 3/11/2021 7:30:15 PM
Sent: 3/11/2021 7:30:16 PM
Viewed: 3/18/2021 5:38:24 PM
Signed: 3/18/2021 5:38:53 PM
Sent: 3/18/2021 5:38:54 PM
Viewed: 3/19/2021 3:31:18 PM
Signed: 3/19/2021 3:31:28 PM
Sent: 3/19/2021 3:31 :29 PM
Viewed: 3/19/2021 7:09:29 PM
Signed: 3/19/2021 7:10:49 PM
Signer Eve-nts
Huma Ahmed
[email protected]
Security Level: Email, Account Authentication
(None)
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
In_ Person Signer Events
Edit()r peliyery Ey13J1ts
- -
Agent Delivery Events
lntermediary Deliv13ry Events
Certifled-DeliveryEverits
~arbon Copy f:vents
Shani Parker
[email protected]
City of Beverly Hills
Security Level: Email, Account Authentication
(None)
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Adrianne Tarazon
[email protected]
Security Level: Email, Account Authentication
(None)
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Dorina Mohan
[email protected]
Security Level: Email, Account Authentication
(None)
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Jackie Perez
[email protected]
Security Level: Email, Account Authentication
(None)
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Witness Events
Notary ):vents
Envelope Summary Ev~nts
Envelope Sent
Certified Delivered
Signing Complete
Completed
t;ignature
Signature Adoption: Pre-selected Style
Using IP Address: 72.203.99.197
Signed using mobile
Sigll(ltul'e
Status
status
Status
Status
Status
COPIED
COPIED
COPIED
COPIED
Signature
Signature
Status
Hashed/Encrypted
Security Checked
Security Checked
Security Checked
Tirriestcunp
Sent: 3/19/2021 7:10:51 PM
Viewed: 3/19/2021 9:23:07 PM
Signed: 3/19/2021 9:23:24 PM
Tift1estai1Jp
- -- -
Time5tamP
Timestarnp
Timestamp
Timestamp
Tirl'lestamp
Sent: 3/11/2021 6:50:34 PM
Sent: 3/19/2021 3:31:29 PM
Sent: 3/19/2021 3:31 :29 PM
Sent: 3/19/2021 9:23:25 PM
Viewed: 3/20/202110:43:39 PM
Timestamp
Tirnestamp
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3/11/2021 6:50:34 PM
3/19/2021 9:23:07 PM
3/19/2021 9:23:24 PM
3/19/2021 9:23:25 PM
Payment Events Status Timestamps