AGENDA REPORT
Meeting Date: August 23, 2022
Item Number:
To: Honorable Mayor and City Council
From: Cynthia Owens, Policy and Management Analyst
Subject: REQUEST BY MAYOR BOSSE AND COUNCILMEMBER MIRISCH Release
RECOMMENDATION
At the request of Mayor Bosse and Councilmember Mirisch, it is recommended the City Council discuss the signature verification process by the Los Angeles County RegistrarRecorder/County Clerk’s Office (“LA County Registrar”) for the petition to recall Los Angeles County District Attorney George Gascón.
The City Council may provide any direction it wishes on this item.
INTRODUCTION
On January 4, 2022, the City Council adopted Resolution 22-R-13379 (Attachment 1) to support the recall of Los Angeles County District Attorney George Gascón. This item provides an opportunity for the City Council to discuss the signature verification process conducted by the LA County Registrar for the petition to recall Mr. Gascón and provide any direction it wishes on this item.
DISCUSSION
The District Attorney (“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 Attachments: 1. Resolution No. 22-R-13379
2. Los Angeles County Registrar-Recorder/County Clerk Press
TO DISCUSS THE SIGNATURE VERIFICATION PROCESS BY
THE LOS ANGELES COUNTY REGISTRARRECORDER/COUNTY CLERK’S OFFICE FOR THE PETITION TO
RECALL LOS ANGELES COUNTY DISTRICT ATTORNEY
GEORGE GASCÓN
G-3
Meeting Date: August 23, 2022
serves as legal advisor to the Grand Jury and, through its family support division, enforces parental 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 prosecuting 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 Prosecutors 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.
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.
Of concern to the City are the following Special Directives:
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.
Early in 2021, a recall effort for Mr. Gascón began; however, it was unable to gather enough financial support and signatures to be successful.
On December 6, 2021, supporters of a new recall effort for Mr. Gascón announced their intent to serve Mr. Gascón with a "notice of intent" to remove him from office. Organizers then had 160 days from the date of approval to collect 566,857 valid signatures from registered voters in Los Angeles County (this is 10 percent of the registered voters in Los Angeles County).
Meeting Date: August 23, 2022
On July 9, 2022, organizers of the Recall Gascón campaign submitted 715,833 petition signatures to the LA County Registrar. A random sample of the signatures was initially done by the LA County Registrar to verify the validity of the signatures. Based on the initial sampling, the LA County Registrar decided to verify all 715,833 signatures.
On August 15, 2022 the LA County Registrar issued a press release (Attachment 2) which contained the following statement:
Based on the examination and verification, which was conducted in compliance with the statutory and regulatory requirements of the California Government Code, Elections Code, and Code of Regulations, 520,050 signatures were found to be valid and 195,783 were found to be invalid. To qualify the recall for the ballot, the petition required 566,857 valid signatures; therefore, the petition has failed to meet the sufficiency requirements and no further action shall be taken on the petition.
The LA County Registrar provided a summary breakdown of the invalid signatures as follows:
Not Registered: 88,464
Max Number of Times Signed (Duplicate): 43,593
Different Address: 32,187
Mismatch Signature: 9,490
Canceled: 7,344
Out of County Address: 5,374
Other: 9,331
The proponents of the Recall Gascón campaign have an opportunity to examine the petition signatures, but the process must start no later than 21 days from certification of the findings by the LA County Registrar.
Mayor Bosse and Councilmember Mirisch are requesting the City Council discuss the signature verification process by the LA County Registrar for the petition to recall Mr.
Gascón. The City Council may provide any direction it wishes on this item.
FISCAL IMPACT
There is no fiscal impact associated with the adoption of this resolution.
Nancy Hunt Coffey
Assistant City Manager
Approved By
Attachment 1
DocuSign Envelope ID: F3FFB33B-4DD6-4995-A827-3B6E5F87A7F8 RESOLUTION NO. 22-R- 13379
RESOLUTION OF THE COUNCIL OF THE CITY OF BEVERLY
HILLS TO SUPPORT THE RECALL OF 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 ofBeverly 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, 20-0 7, 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 ofthe 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 ofthe 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 ofBeverly Hills resolves as follows:
Section 1. The City of Beverly Hills insists Los Angeles County District Attorney George Gascón uphold the laws ofthe state, whether they were established by the state legislature B07$5-0001\2606512v1 .doc 1
DocuSign Envelope ID: F3FFB33B-4DD6-4995-A827-3B6E5F87A7F8 or the voters of this state, and demands no Special Directives be issued by Los Angeles County District Attorney George Gascön 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 ofthe Council of this City.
Adopted: January 4, 2022
ot€’txf LLv(idA,
ROBERT WUNDERLICH
Mayor ofthe City of
Beverly Hills, California
ATTEST
kw 1&w&i (SEAL)
HUMA AHMED
City Clerk
APPROVED AS TO FORM APPROVED AS CONTENT
(46 Fô wvct
LAURENCE S. WIENER GEORGE CHAVEZ
City Attorney City Manager
B0785-0001\26065 12v1 .doc 2
DocuSign
Certificate Of Completion
Envelope Id: F3FFB33B4DD64995A8273B6E5F87A7F8 Status: Completed Subject: Please DocuSign: Resolution -Recall George Gasconpdf Source Envelope:
Document Pages: 2 Signatures: 4 Envelope Originator:
Certificate Pages: 2 Initials: 1 Cindy Owens
AutoNav: Enabled 455 N. Rexford Drive
Envelopeld Stamping: Enabled Beverly Hills, CA 90210
Time Zone: (UTC-08:00) Pacific Time (US & Canada) cowens©beverlyhills.org IP Address: 198,245.189.166
Record Tracking
Status: Original Holder: Cindy Owens Location: DocuSign 12/21/2021 11:15:28 AM [email protected]
Signer Events Signature Timestamp
Stephanie Cao for Laurence Wienrer Sent: 12/21/2021 11:18:36AM scaorwglaw.com (A1. t (Aw’utcL- £‘)LtAAYU Viewed: 12/21/2021 11:20:01 AM Security Level: Email, Account Authentication Signed: 12/21/2021 11:21:23 AM (None)
Signature Adoption: Pre-selected Style
Using IP Address: 208.87.233.201
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Cynthia L Owens Sent: 12/21/2021 11:21 :24 AM
[email protected] Viewed: 1/10/2022 6:30:19 PM
Policy & Management Analyst Signed: 1/10/2022 6:30:28 PM City of Beverly Hills
Signature Adoption: Pre-selected Style Security Level: Email, Account Authentication (None) Using IP Address: 198.245.189.166
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
George Chavez Sent: 1/10/2022 6:30:29 PM
[email protected] Viewed: 1/10/2022 6:33:34 PM
Security Level: Email, Account Authentication Signed: 1/10/2022 6:33:50 PM (None)
Signature Adoption: Pre-selected Style
Using P Address: 198.245.189.166
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Robert Wunderlich . Sent: 1/10/2022 6:33:51 PM
rwunderlich©beverlyhills.org okt-v+ UWtLL.VLtCL( Resent: 1/19/2022 11:49:18 AM Security Level: Email, Account Authentication Viewed: 1/19/2022 4:53:01 PM (None) Signed: 1/19/2022 4:53:27 PM
Signature Adoption: Pre-selected Style
Using IP Address: 104.175.7.182
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Signer Events
Huma Ahmed
[email protected]
Security Level: Email, Account Authentication
(None)
In Person Signer Events
Signature Adoption: Pre-selected Style
Using lPAddress: 107.185.139203
Signed using mobile
Signature Timestamp
Editor Delivery Events
Agent Delivery Events
Intermediary Delivery Events
Certified Delivery Events
Carbon Copy Events
Adrianne Tarazon
[email protected]
Security Level: Email, Account Authentication
(None)
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Donna Mohan
dmohan©beverlyhills.org
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 Events
Status
Status
Status
Status
Signature
Signature
Timestamp
Timestamp
Timestamp
Timestamp
Sent: 1/19/2022 4:56:29 PM
Viewed: 1/20/2022 9:24:54 AM
Timestamp
Timestamp
Envelope Summary Events
Envelope Sent
Certified Delivered
Signing Complete
Completed
Status
Hashed/Encrypted
Security Checked
Security Checked
Security Checked
Timestamps
12/21/2021 11:18:36 AM
1/19/2022 4:56:14 PM
1/19/2022 4:56:28 PM
1/19/2022 4:56:29 PM
Signature
uJtU41tL
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Timestamp
Sent: 1/19/2022 4:53:28 PM
Viewed: 1/19/2022 4:56:14 PM
Signed: 1/19/2022 4:56:28 PM
Status Timestamp
Sent: 1/10/2022 6:33:51 PM
Sent: 1/10/2022 6:33:51 PM
COPIED
COPIED
COPIED
Payment Events Status Timestamps
Attachment 2
NEWS RELEASE
FOR IMMEDIATE RELEASE Contact
August 15, 2022 Mike Sanchez: (562) 462-2648
Media Info: (562) 462-2833
Registrar-Recorder/County Clerk Completes Petition Verification for District Attorney Recall Attempt Petition found insufficient to qualify the recall for the ballot LOS ANGELES – Los Angeles County Registrar-Recorder/County Clerk (RR/CC) Dean C. Logan announced the RR/CC has completed the examination and verification of all 715,833 petition signatures submitted for the recall of Los Angeles County District Attorney George Gascon.
Based on the examination and verification, which was conducted in compliance with the statutory and regulatory requirements of the California Government Code, Elections Code, and Code of Regulations, 520,050 signatures were found to be valid and 195,783 were found to be invalid. To qualify the recall for the ballot, the petition required 566,857 valid signatures; therefore, the petition has failed to meet the sufficiency requirements and no further action shall be taken on the petition.
A summary breakdown of the invalid signatures is as follows:
• Not Registered: 88,464
• Max Number of Times Signed (Duplicate): 43,593
• Different Address: 32,187
• Mismatch Signature: 9,490
• Canceled: 7,344
• Out of County Address: 5,374
• Other: 9,331
The RR/CC has notified the proponents of these findings. Per California Elections Code § 11301 and Government Code § 6253.5, proponents of the recall petition may examine the petition signatures if desired, provided that such examination must commence no later than 21 days after the certification of insufficiency of the petition.
The mission of the Registrar-Recorder/County Clerk is to serve Los Angeles County by providing essential records management and election services in a fair, accessible, and transparent manner. For more information, visit LAVOTE.GOV and follow us on Twitter @LACountyRRCC. ###