Amador County – A majority of the Ione City Council vowed Tuesday to fight to protect the Ione Police Department from a citizen-driven initiative to force the sheriff’s office to take over law enforcement in the city of Ione. The fight included filing a lawsuit against the initiative, the proponents of which are now gathering signatures to place it on a ballot before voters. Mayor Skip Schaufel said after closed session that they had authorized City Attorney Kristen Castanos to release a title and summary of a proposed initiative, and issue a report explaining the issue. City Manager Kim Kerr said the council waived attorney-client privileges so Castanos could speak. Castanos said: the city received a “petition for an initiative that proposes to transfer (quote): ‘Law enforcement services’ [unquote] from the city of Ione Police Department to the Amador County Sheriff’s Department.” Castanos said “Per the requirements of the elections code, I was required to provide a title and summary of that initiative to the city clerk by today, which I have done; and your direction in closed session was that title and summary be released to the petitioner so that they can proceed with signature gathering.” Castanos said her “legal review of the initiative” leads her “to believe that the initiative is illegal and unconstitutional for a number of reasons.” She said: “It suffers from being vague because the term ‘Law Enforcement Services” is not defined. It also attempts to compel the county to take an action – that is, take over law enforcement services for the city – and a city initiative does not have the ability to compel the county to take action.” Castanos said: “I believe it’s invalid because” the “right of the city to contract for police services is vested in the council’s discretion, and this initiative therefore is a matter of statewide concern that’s committed to the discretion of the council and not a proper subject for an initiative.” Castanos said it also “interferes with an essential government function by failing to provide for a companion initiative to ensure that law enforcement services will be provided in the city if the initiative passes.” Councilwoman Andrea Bonham asked her to clarify that, and Castanos said: “If it passes and the county refuses to accept service for the city, then the city does not have an ability to provide law enforcement services within the city. Those responsibilities would have been removed from the police department.” Castanos said: “For those reasons, I believe that the initiative is invalid.” Story by Jim Reece This email address is being protected from spambots. You need JavaScript enabled to view it.
Friday, 19 February 2010 00:52
Ione Attorney Calls Scully Initiative Illegal, Unconstitutional
Amador County – A majority of the Ione City Council vowed Tuesday to fight to protect the Ione Police Department from a citizen-driven initiative to force the sheriff’s office to take over law enforcement in the city of Ione. The fight included filing a lawsuit against the initiative, the proponents of which are now gathering signatures to place it on a ballot before voters. Mayor Skip Schaufel said after closed session that they had authorized City Attorney Kristen Castanos to release a title and summary of a proposed initiative, and issue a report explaining the issue. City Manager Kim Kerr said the council waived attorney-client privileges so Castanos could speak. Castanos said: the city received a “petition for an initiative that proposes to transfer (quote): ‘Law enforcement services’ [unquote] from the city of Ione Police Department to the Amador County Sheriff’s Department.” Castanos said “Per the requirements of the elections code, I was required to provide a title and summary of that initiative to the city clerk by today, which I have done; and your direction in closed session was that title and summary be released to the petitioner so that they can proceed with signature gathering.” Castanos said her “legal review of the initiative” leads her “to believe that the initiative is illegal and unconstitutional for a number of reasons.” She said: “It suffers from being vague because the term ‘Law Enforcement Services” is not defined. It also attempts to compel the county to take an action – that is, take over law enforcement services for the city – and a city initiative does not have the ability to compel the county to take action.” Castanos said: “I believe it’s invalid because” the “right of the city to contract for police services is vested in the council’s discretion, and this initiative therefore is a matter of statewide concern that’s committed to the discretion of the council and not a proper subject for an initiative.” Castanos said it also “interferes with an essential government function by failing to provide for a companion initiative to ensure that law enforcement services will be provided in the city if the initiative passes.” Councilwoman Andrea Bonham asked her to clarify that, and Castanos said: “If it passes and the county refuses to accept service for the city, then the city does not have an ability to provide law enforcement services within the city. Those responsibilities would have been removed from the police department.” Castanos said: “For those reasons, I believe that the initiative is invalid.” Story by Jim Reece This email address is being protected from spambots. You need JavaScript enabled to view it. Latest from
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