We are responsible for our own city

By Gregory P. Allen

In our form of democracy, especially in California, we the people have the right to make, amend or repeal laws. We all forget sometimes, that we, the people, not our elected officials, are responsible for the government and laws in our community.

by Gregory Allen

Many of us have been feeling alienated from the political process. According to recent polls, a vast majority of the public believes the country is on the wrong track. A movement is gathering momentum to adopt a resolution of non-confidence in the national election and the electoral process.

The people of California are fortunate enough to have at our disposal the power of the ballot measure. If you think a law needs to be passed, amended, or repealed, you can prepare, file and publish the necessary documents, then gather enough valid signatures from the voters and it will qualify for the ballot. The issues will be contested, discussed, debated and the people will decide what they want.

A number of citizens have decided to do something we believe will be some help in the City of Arcata. We have prepared, filed and published our intention to circulate petitions to add to, amend, or delete sections of the Arcata Municipal Code.

Of the seven initiatives in circulation, I am the lead proponent of three proposals.

Police Review Commission: We have all been reminded by recent events of the necessity for civilian control over all military and paramilitary forces. No law enforcement agency can reasonably be expected to impartially investigate itself.

The first and foremost of these proposals would make good on the promises of the General Plan to establish effective police review in Arcata. Areas under review include the treatment of rape victims, the relationship of the police with students and minority communities and the use of weapons and equipment, including chemical agents.

In assessing the use of tactics, the hiring and training of officers, the potential of sanctions, priorities for policing and patrolling and the police budget, the commission will build cooperation and confidence between the police and the public.

The structure of this commission is intended to establish its independence from City staff, and the powers and duties clearly spell out a mission of investigation, advice and recommendation - but shall in no way remove the direct authority of the police chief over the police department.

The purpose of the commission is to bring the complaints against the police department into the light. In communities where civilian police commissions have been adopted, trust between the police and the community has improved.

For any investigation to be perceived as legitimate, it must be independent; that is the investigators must be disinterested persons. Unpaid citizen volunteers have nothing to gain from being on the commission, or from the review or interpretation of facts.

The necessity of internal loyalty in any police agency, both personal and to the agency itself, make internal investigation and/or exercise of judgment difficult at best.

The Police Commission has no power except to gather facts and report to the council. The only goal is truth.

Repeal of Dance Restrictions: Remember the Tarot card reader in Fortuna who ran afoul of a law against fortune telling? If you open the law book of any city, you are likely to find regulations that are quaint, archaic and completely without place in modern life. The unnecessary and superfluous laws against public dances are just that - restrictions that have no place in Arcata.

Any business operating today does so according to a permit issued by the City, for dancing and otherwise. Any establishment serving alcoholic beverages is under a much more extensive system of instructions from Alcoholic Beverage Control. Thus, the only kinds of dances restrained by these restrictions are non-commercial, or in other words, dances where no one is making a profit and where no one is serving alcohol.

We believe that the dark ages are officially over and that the activity of dancing is not a concern of "public welfare and morals." What this initiative does is remove an unnecessary additional layer of bureaucracy from those who wish to promote music or dance in the City of Arcata. This is a college town, which can support live music and dance. The unfriendly laws and policies of the city have been sending music away from Arcata, causing us to lose both the entertainment and the entertainment dollars which should stay in Arcata. It's time to turn this trend around.

Protection of Medical Marijuana Patients: It's no secret: Arcata loves medical marijuana. The Compassionate Use Act received the overwhelming support of our voters, and the City Council responded to the public by adopting a strong local ordinance in 1998.

Over the last six years, however, a degree of inconsistency and uncertainty has crept into medical marijuana law enforcement in Arcata. Cultivation limits have fluctuated, from 10, to 99, to the current state proscription of six plants.

However, state law explicitly gives we, the people of Arcata, the power to decide what proper cultivation and possession limits should be.

We overwhelmingly supported our elected District Attorney, Paul Gallegos, in the recall election. His medical marijuana guidelines received widespread community support and were in fact used as the model for other areas of California.

The specific cultivation and possession limits set by Mr. Gallegos became null and void as of January 1. The new limits mandated by the provisions of SB 420 set the bar at six mature, 12 immature plants cultivated with a maximum possession limit of eight ounces of dried marijuana.

However, the same bill also gives us the power to set higher limits as we see fit. The cultivation and possession limits set by this initiative are the same as set forth by the D.A. last year. State law makes no mention of wattage, and we don't think it is appropriate either. The original Arcata ordinance allows baked goods, tinctures, infusions, oils, concentrated cannabis products and salves. This initiative extends protections for patients using these as well.

Note that these initiative propositions require almost no expenditures of City monies. The Patient Protection Act and the Free Music and Entertainment Act require no associated costs, but would tend to lead to lower law enforcement costs in the former and lower administrative costs in the latter. The Police Commission Act would entail minimal costs, with no salaries or dedicated office or meeting space.

Simply put, these initiatives are not about money, but about principles.

In our form of democracy, especially in California, we the people have the right to make, amend or repeal laws. We all forget sometimes, that we, the people, not our elected officials, are responsible for the government and laws in our community.

For our democracy to work at its best, the people need to take the responsibility for our own community. We need to understand the issues, discuss them, make up our own minds and most importantly, VOTE.

These initiatives we're trying so hard to qualify for the general election give the people of Arcata more power to determine the course of our community than any election in history, if they qualify for the ballot. I suggest it's time for us to assert the power we have as a matter of right.

To assert our power, we need to act deliberately and directly through the initiative process and the ballot box. It sounds so trite: VOTE! If we don't, we squander our own power.

Our elected officials do a hard job as well as they are able. Our elected officials are responsible to the voters, but the voters, because we hold all of the power, hold all of the responsibility. This is a chance to give our elected officials some guidance. What do we want? Our votes will light the way.

We are humbly asking you for your help.

You'll see lots of folks around town trying to gather signatures for these initiatives. We don't have much time to gather them. Please, if you believe the community has the right to address these issues, sign the petitions. It doesn't mean you support a particular initiative. Maybe you're completely opposed. Great! Then vote to get the initiative defeated! The point is that the issues are discussed, debated, and we, the people act to solve our own problems.

Arcata has both the power and the responsibility to address issues and solve problems in this community. In the words of our recently deceased president, "If not us, who? If not now, when?"

Gregory Allen is a practicing attorney in Arcata and is the Chair of Arcata Medical Patients and Arcatans for Freedom and Safety.