Our "Failed" Referendum

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   Hello All,
This is my first post to your forum.  I learned of your organization in a recent article in the Pasadena Star News.  I would like to let your readers know how I, along with many other residents in my community of Temple City, were unjustly treated by our city clerk, city attorney/manager and city council.
We circulated a referendum petition and collected 12�% of the registered voters' signatures within the alloted 30 days, and when we turned them in, the clerk and the city attorney refused them and gave us no specific explanation as to why they would not accept them.  Local media representatives were there to witness what happened, but that didn't seem to bother them at all.  An attorney advised us to demand a written statement from them informing us why they would not accept it, but that request was completely ignored too.  In fact, they left their offices early that day so they didn't have to deal with the many residents who were in attendance.
Since then, we contacted many local and state elected officials to seek assistance or mediation in the matter, but were told by everyone that the only way we could force them to accept the referendum was to hire an attorney to file a lawsuit on our behalf.
As a "grassroots" organization, with a limited budget, we could not afford an attorney to do that so it became a dead issue on our behalf.
What I don't understand is, we as citizens of this country have these rights of due process to demand what we want if we follow the proper procedures, but realistically, unless you have an attorney on staff, it is impossible to accomplish your goal.
Someone please tell me what the definition of Grassroots is.... I would like to understand this unrealistic phrase.

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SaveTC Members Profile Send Private Message Find Members Posts Visit Members Homepage Add to Buddy List New User Joined: 16/August/2006 Location: United States Posts: 1	Quote Reply Topic: Our "Failed" Referendum Posted: 16/August/2006 at 5:39am
	Hello All, This is my first post to your forum. I learned of your organization in a recent article in the Pasadena Star News. I would like to let your readers know how I, along with many other residents in my community of Temple City, were unjustly treated by our city clerk, city attorney/manager and city council. We circulated a referendum petition and collected 12�% of the registered voters' signatures within the alloted 30 days, and when we turned them in, the clerk and the city attorney refused them and gave us no specific explanation as to why they would not accept them. Local media representatives were there to witness what happened, but that didn't seem to bother them at all. An attorney advised us to demand a written statement from them informing us why they would not accept it, but that request was completely ignored too. In fact, they left their offices early that day so they didn't have to deal with the many residents who were in attendance. Since then, we contacted many local and state elected officials to seek assistance or mediation in the matter, but were told by everyone that the only way we could force them to accept the referendum was to hire an attorney to file a lawsuit on our behalf. As a "grassroots" organization, with a limited budget, we could not afford an attorney to do that so it became a dead issue on our behalf. What I don't understand is, we as citizens of this country have these rights of due process to demand what we want if we follow the proper procedures, but realistically, unless you have an attorney on staff, it is impossible to accomplish your goal. Someone please tell me what the definition of Grassroots is.... I would like to understand this unrealistic phrase.

Terry Francke Members Profile Send Private Message Find Members Posts Add to Buddy List Moderator Group General Counsel, CalAware Joined: 08/July/2006 Posts: 268	Quote Reply Posted: 16/August/2006 at 8:18am
	It's not uncommon for small, entrenched cities or other public agencies to play hardball with petition circulators�especially citizen amateurs� when the political or financial stakes are high enough. In the long run the solution to this frailty of rights is either to legislate some duties of responsiveness to petitioners or to make your city clerk and city attorney positions elective rather than subject to council control. Did any of the local media representatives write a story about your plight? It may well be true that your only option is to sue, but my guess is that if you were to win you could have the court order the city to pay your attorney fees. Here's what I suggest: Go to the list of members of the California Political Attorneys Association at http://www.cpaaonline.com/members.php, narrow the list down to those closest to you, and call them up or e-mail them with just the information you've posted here, and ask them if there is a remedy you could seek that provides attorney fees to prevailing plaintiffs. If that is the case, and if your situation is compelling enough, it may be worth the attorney's time to pursue it. If the "we" that circulated the petition each kicked in a few dollars you could at least get an hour or so of the time of the most encouraging lawyer you come up with through this process. It it may well be a situation where a letter from an attorney who knows this area of the law is all it takes.

JackO Members Profile Send Private Message Find Members Posts Visit Members Homepage Add to Buddy List Watchdog Joined: 13/July/2006 Location: United States Posts: 126	Quote Reply Posted: 02/December/2006 at 5:42am
	Would it not be possible to go to the State Bar with a complaint if the City Attorney is failing in their duty as an Attorney to accept the petitions.
	always and forever the same, correct in all things, erroneous in none, but humble

Terry Francke Members Profile Send Private Message Find Members Posts Add to Buddy List Moderator Group General Counsel, CalAware Joined: 08/July/2006 Posts: 268	Quote Reply Posted: 02/December/2006 at 6:08am
	Probably not. The concern of the State Bar is specifically the fulfillment by attorneys in general of their ethical obligations to their clients and to the judicial system. Failure of governmental lawyers to perform legal duties owed to the public at large (and the public is not their client) by virtue of their office is something addressed by recourse to the courts. If a public attorney is required by law to accept petitions, or to do anything else as a public official, and is refusing to do so, then your option is to get a court to order compliance.

JackO Members Profile Send Private Message Find Members Posts Visit Members Homepage Add to Buddy List Watchdog Joined: 13/July/2006 Location: United States Posts: 126	Quote Reply Posted: 02/December/2006 at 10:39am
	Oh, the beauty of our legal system. Attorneys are free to evade the laws, refuse to follow the laws, and the solution is to hire an attorney to sue the attorney in a court run by attorneys. LOL where is the legal ombudsman to protect the citizens against these problems? Oh, go to the Attorney General! Whoops, the citizen can not go to the AG for an opinion, but they can contact the AG for assistance, and the AG will suggest that the citizen contact an attorney for advice and assistance in the matter. LOL The solution might be to persuade your representative to file a request for an opinion form tne AG to the effect of inquiring if the refusal to accept the petition was a violation of the citizen's civil rights un the California Constitution. In fact, it might be possible to file with the FBI for a civil rights violation. Just a thought. Call on the ACLU for assistance. JackO
	always and forever the same, correct in all things, erroneous in none, but humble