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San Diego County, CA November 2, 2010 Election
Proposition B
Amends City Charter to Add Good Cause Requirement for Certain Terminations Or Suspensions of Deputy City Attorneys
City of San Diego

Majority Approval Required

Pass: 238,803 / 72.3% Yes votes ...... 91,671 / 27.7% No votes

See Also: Index of all Propositions

Information shown below: Summary | Fiscal Impact | Impartial Analysis | Arguments |

Shall the Charter be amended to establish a good cause requirement for the termination or suspension of Deputy City Attorneys who have served continuously for two years or more, except that any Deputy City Attorney may be subject to layoff due to lack of work or insufficient appropriations?

Summary:
Amends the City Charter to establish a good cause requirement for the termination or suspension of Deputy City Attorneys who have served continuously for two years or more, except that any Deputy City Attorney may be subject to layoff due to lack of work or insufficient appropriation to meet the salary requirements necessary to maintain existing personnel.

Fiscal Impact:
Potential savings as a result of this ballot measure are undetermined; however, the recruitment and retention of attorneys may improve the operating efficiencies in the Office of the City Attorney. The average salary of attorneys may increase over time as the average length of service to the City increases, but the estimated increased salary cost is unknown. The change to the City Charter limits the number of Assistant City Attorneys to six from no limit.

Impartial Analysis from City Clerk
The voters of the City of San Diego created an independently elected City Attorney as part of the adoption of a City Charter in 1931. However, the Charter does not specifically address the role of the Assistants and Deputy City Attorneys (DCAs) who work under this elected individual. These positions serve "at will," meaning at the pleasure of the City Attorney. Assistants are appointed by the City Attorney to fulfill a management role within the office. DCAs provide specific legal services to the City and practice in such areas as Civil Litigation, Civil Advisory, Labor, Neighborhood Prosecution, Domestic Violence and General Criminal.

This ballot measure would amend the Charter of the City of San Diego to establish a good cause requirement for the termination or suspension of DCAs who have served continuously for two years or more, except that any DCA may be subject to layoff due to lack of work or insufficient appropriation to meet the salary requirements necessary to maintain existing personnel. It will also specify a maximum number of Assistants that the City Attorney may appoint at any time.

 
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Arguments For Proposition B
Proposition B protects taxpayers by ensuring the City Attorney's office remains an independent and non-political watchdog. The City Attorney's office should never be used to further an elected official's political agenda. Legal advice should always be based upon the law, not politics.

Led by the current City Attorney, Proposition B has broad support because it helps keep our attorneys independent and saves taxpayer money.

A 2008 Grand Jury report revealed that 124 of 135 lawyers left the office under the previous City Attorney, taking with them valuable institutional knowledge and experience. After months of detailed investigation, the Grand Jury concluded that the near 100% turnover rate significantly harmed the City and called for reforms.

The loss of experienced lawyers also resulted in greater reliance on expensive outside counsel. Those costs skyrocketed annually from $4 million to over $10 million.

During the past two years, the office has been rebuilt into a quality law firm. With an emphasis on training, quality control and experience, the reformed City Attorney's office has practiced law, solved problems, won key lawsuits and helped avoid mistakes. Deputy city attorneys now act as watchdogs without risk of losing their jobs. And, with less reliance on outside counsel, those costs have been reduced nearly in half.

Proposition B ensures the reformed City Attorney's office will be preserved well into the future. It protects the City and future deputy city attorneys from political pressure, while maintaining quality standards. After a two year probation period, deputy city attorneys can be fired for ethical lapses or poor legal work, but not for telling the truth, speaking up to prevent an illegal act or for giving proper legal opinions.

A "YES" vote for Proposition B protects taxpayers by ensuring the City Attorney's office remains an independent and non-political watchdog.

JAN GOLDSMITH, City Attorney
City of San Diego
GEORGE SCHAEFER, President
San Diego Deputy City Attorneys Association
TODD GLORIA, Councilmember
City of San Diego, District Three
CARL DeMAlO, Councilmember
City of San Diego, District Five

(No arguments against Proposition B were submitted)


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