Amador County – The Ione City Council Tuesday discussed a potential lawsuit against a petition drive aimed at getting rid of the Ione Police Department, and voted to place the issue on its March 16th agenda. The council heard that proponents for the “law enforcement services” initiative must gather 206 signatures by August 14th to place it on the November ballot. The council discussed whether to sue to stop the petition, after the city attorney advised that the proposed measure would violate the California Constitution. Vice Mayor David Plank motioned to file a lawsuit against the initiative, and Councilman Lee Ard seconded the motion, leading to a discussion. The initiative would disband the Ione Police Department and hand over municipal policing duties to the Amador County Sheriff’s Office. Plank “thought it might be appropriate to file a lawsuit now because we feel it is unconstitutional.” City Manager Kim Kerr said it is unconstitutional, in part, because the sheriff cannot be compelled to take over. Councilwoman Andrea Bonham “had additional questions and wasn’t ready to go there yet.” She wondered what would be the last date for a petition to make it on the November ballot, if a lawsuit were to stop the petition. Kerr said they also wanted to confirm who would be sued. That would be the proponent living in Ione, Denise Robertson. The petition’s other signature gatherer, Jim Scully, lives outside of Ione. After discussion, Bonham moved to agendize (for the next meeting) the question of whether to pursue the lawsuit. The 2nd motion passed 3-2 and the first motion was moot and not voted on. Kerr said Plank and Ard voted “no” because “their feeling is they would like to pursue (the lawsuit) now.” The council sought more information on the initiative and the absolute final filing date, should a lawsuit stop the initiative. Kerr said the lawsuit would “ask the court to rule whether it is constitutionally sound based on the way it is written.” She said Ione City Council “does not want the sheriff to provide police services. They want their own police department.” The council is trying to pursue its options logically so they don’t react out of anger and “jump the gun,” she said. The question will be on the March 16th agenda. Kerr said they will hear from the public about “what they want us to do.” She said: “We could be doing this in closed session,” but they will continue discussing it in open session because they “want the public to hear what their reasoning is, if they decide to pursue litigation.” Story by Jim Reece This email address is being protected from spambots. You need JavaScript enabled to view it.
Wednesday, 03 March 2010 17:00
Ione to Consider Lawsuit Against Police Department Initiative
Written by Tom-
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Amador County – The Ione City Council Tuesday discussed a potential lawsuit against a petition drive aimed at getting rid of the Ione Police Department, and voted to place the issue on its March 16th agenda. The council heard that proponents for the “law enforcement services” initiative must gather 206 signatures by August 14th to place it on the November ballot. The council discussed whether to sue to stop the petition, after the city attorney advised that the proposed measure would violate the California Constitution. Vice Mayor David Plank motioned to file a lawsuit against the initiative, and Councilman Lee Ard seconded the motion, leading to a discussion. The initiative would disband the Ione Police Department and hand over municipal policing duties to the Amador County Sheriff’s Office. Plank “thought it might be appropriate to file a lawsuit now because we feel it is unconstitutional.” City Manager Kim Kerr said it is unconstitutional, in part, because the sheriff cannot be compelled to take over. Councilwoman Andrea Bonham “had additional questions and wasn’t ready to go there yet.” She wondered what would be the last date for a petition to make it on the November ballot, if a lawsuit were to stop the petition. Kerr said they also wanted to confirm who would be sued. That would be the proponent living in Ione, Denise Robertson. The petition’s other signature gatherer, Jim Scully, lives outside of Ione. After discussion, Bonham moved to agendize (for the next meeting) the question of whether to pursue the lawsuit. The 2nd motion passed 3-2 and the first motion was moot and not voted on. Kerr said Plank and Ard voted “no” because “their feeling is they would like to pursue (the lawsuit) now.” The council sought more information on the initiative and the absolute final filing date, should a lawsuit stop the initiative. Kerr said the lawsuit would “ask the court to rule whether it is constitutionally sound based on the way it is written.” She said Ione City Council “does not want the sheriff to provide police services. They want their own police department.” The council is trying to pursue its options logically so they don’t react out of anger and “jump the gun,” she said. The question will be on the March 16th agenda. Kerr said they will hear from the public about “what they want us to do.” She said: “We could be doing this in closed session,” but they will continue discussing it in open session because they “want the public to hear what their reasoning is, if they decide to pursue litigation.” Story by Jim Reece This email address is being protected from spambots. You need JavaScript enabled to view it.
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