Tuesday, 07 September 2010 06:48

City Clerk finds fatal error in petition to disband Ione Police Department

1_city_clerk_finds_fatal_error_in_petition_to_disband_ione_police_department.pngAmador County – Ione City Clerk Janice Traverso last week reported finding a fatal error in a petition to do away with the Ione Police Department, saying she found the document lacking legally required language, making her unable to certify the petition for election. Traverso last week sent a report to the Ione City Council and a letter to the petition’s proponent, Denise Robertson, notifying her that “the petition is insufficient.” She said the petition for “An Initiative Transferring Responsibility for Providing Law Enforcement Services from the Ione Police Department to Amador County Sheriff” did not have the required “Notice of Intention to Circulate Initiative Petition” attached to each section of the petition, as required by California election law. Traverso said: “Based on my examination, each section of the petition fails to bear a copy of the Notice of Intention to Circulate Initiative Petition as required by law.” She said “no further action will be taken with regard to the petition.” Traverso, City Manager Kim Kerr and City Attorney Thomas Henry in a report to the council for today’s meeting (Tuesday, September 7th) recommended that the city council receive the report detailing Traverso’s findings, and “take no action on the ballot initiative petition.” Amador County Registrar of Voters Sheldon Johnson certified the signatures gathered by Robertson and area resident Jim Scully. Johnson in the August 16th certification said the petition’s 45 sections contained 225 signatures, with 213 found to be sufficient. The staff report said the city clerk “has a duty to ensure that the ballot initiative petition complies with state law for municipal elections.” Part of that requirement is having a copy of the “Notice of Intent to Circulate Initiative Petition” (along with the title and summary) on each section of the petition. The report said after Traverso reviewed “the ballot initiative petition and signature pages, the city clerk in consultation with the city attorney has determined that the petition did not have the appropriate language.” Therefore, the report said the “city clerk is unable to certify the petition.” It said the “city may incur costs if the ballot initiative proponents elect to pursue legal action against the city due to the decision not to accept the ballot initiative petition.” The report included a 1986 ruling in a similar petition case in San Francisco, which was found to have been properly rejected for the petition’s omission of its notice of intent to circulate. Story by Jim Reece This email address is being protected from spambots. You need JavaScript enabled to view it.