(axwsl Car aus un COPY RICHARD T. EGGER, Bar No. 162581 EXEMPT FROM FILING FEES PURSUANT richard.egger@ bbklaw.com ‘TO GOVERNMENT CODE § 6103 WILLIAM J. PRIEST, Bar No. 202654 William.priest@bbklaw.com opy AVLW. RUTSCHMAN, Bar No, 298922 aad he Avi.Rutschman @bbklaw.com superio Court of Cations eee eee ae 206 ‘County of Los Angetes 355 E. Guasti Roz ite Ontario, California 91761 SEP 05 2018 Telephone:: (909) 989-8584 Sherri R Carter, Execut pho 1 R Carte, Execute OMice/Cien Facsimile: (909) 944-1441 By Fenan ete Dey Attorneys for Petitioner MONIQUE DE LA GARZA, City of Long Beach Elections Official SUPERIOR COURT OF THE STATE OF CALIFORNIA COUNTY OF LOS ANGELES ‘UNLIMITED JURISDICTION MONIQUE DE LA GARZA, City of Long | Case No, BS 174852 Beach Elections Official, > . UNLIMITED JURISDICTION Petitioner, (RRR screenarive WRIT OF v. PEREMPTORY WRIT BOARD OF SUPERVISORS OF LOS IMMEDIATE ACTION REQUIRED ANGELES COUNTY, DEAN C. LOGAN, ELECTION TAW MATTER ENTITLED TO. in his Official Capacity as Registrar for CALENDAR PREFERENCE Voters for the County of Los Angeles, | (C,C.P. $35; Elec. Code §§ 9295 and 13314 Defendant. Deemed Verified Pursuant to CCP § 446 JUAN OVALLE, an individual; ROBERT FOX, an individual; RAE GABELICH, an individual; JOHN R. DEATS, and individual; and GLENNIS DOLCE, an individual, Real Parties in Interest. (GRRE tee crive wart on rexenrToRy weitvet LAW OFFICES OF BEST ASST & RRIEGERLLP 2858 © GUARTI ROAD, STE 400 ‘ONTARIO, CALFORNG 1 Caran nen ‘To Respondents Board of Supervisots of Los Angeles County and Dean C. Logan, Having reviewed the Amended Petition, arguments submitted by the parties, atid the Stipulation between Petitioner and Real Parties In Interest, the Court orders as follows: ‘A. Respondents shall replace the current language contained in “Argument Against ‘Measure AAA, ” attached hereto as Exhibit “A,” with the language contained in Exhibit “B,” attached hereto; B. Respondents shall replace the current language contained in “Measure AAA Rebuttal,” attached hereto as Exhibit “C,” with the language contained in Exhibit “D,” attached hereto; . Respondents shall replace the current language contained in “Argument Against Measure DDD,” attached bereto as Exhibit “E,” with the language contained in Exhibit “F,” attached hereto; and D. Respondents shall replace the current language contained in “Measure DDD Rebuttal,” attached hereto as Exhibit “G,” with the language contained in Exhibit “Hi” attached hereto. ies ‘Therefore you are commanded, immediately upon receipt of this writ, to aménd seid material in the voter information guide as instructed above, patep: SEP 0 5 2018 MITCHELL L. BECKLOFF, JUDGE JUDGE OF THE SUPERIOR COURT (GR eects warr on PeemarroRy warExhibit AThe City wants to strip the Auditor of the power of aversight. How else can they {get away with all the stuff they are doing without disclosure? This Amendment would substitute “TIMELY” for "IMMEDIATE" access to all dees. Anyone who has tried to get information from the City of Long Beach knows that “timely” means at least 4 months. The auditor would wait for months while the Staff shreds edits, re-writes, hides and alters the documents. We must maintain ‘the WARRANT power of the office for everything without delay from. any department, commission, committee or position of the City. ‘The Auditor is elected by the people to be an independent watchdog on the actions of the government, a Check and Salance for truth and accountability. This Amendment would remove the Auditor's ability to have CERTIHED HARD ‘COPIES of all contracts in the City. No one cain alter a hard copy. We could only use “online digital copies”. We all know about hacking, online scams, deceptive alterations. Trusting the internet is like gambling. Not very good odds. Instead af an auditor we would get an enabler, a political tapdog, reporting to the Mayor then the City Clerk. The Clerk reports to the public. The Mayor and Management can bury any report, record or document. Shall we gut the City Auditor's office of power and purpose, and turn it into a rubber-stamping shill supporting an invisible government? Itis your choice, Shall we amend the charter to remove the CHECKS AND BALANCES ‘on our City for the people or will we let corruption, waste, favoritism, secret meetings, undisclosed plans, graft and fraud flourish in our City? ‘The elected office of City Auditor serves the People not the staff and politicians. NO TO GUTTING OF THE CITY AUDITOR'S OFFICE Soy Lt SRL v9 Hava ey07Exhibit BCity Hall wants to strip the Auditor of the power of oversight. The City Council crossed out the word “IMMEDIATE” from the Auditor's right to access to all documents and substituted “TIMELY”. “Timely” means NOT IMMEDIATE. We must maintain the warrant power of the office for full access, without delay, for all documents from any department, commission, committee, or position of the City. The Auditor is elected by the people to be an independent watchdog on the actions of the government, a Check and Balance for truth and accountability. Instead of an auditor we could get an enabler, a political tapdog. The Mayor and City Management could inadvertently misplace any report, record, or document. Shall we gut the City Auditor's office of power and purpose and turn it into a rubber-stamping shill, supporting an invisible government? Itis your choice. Shall we amend the charter to remove a power of the Auditor's office which protects the people from possible corruption, waste, favoritism, secret meetings, undisclosed plans, graft, and fraud? The elected office of City Auditor serves The People not the staff and politicians. NO TO GUTTING OF THE CITY AUDITOR'S OFFICE. 08/30/2018 Measure AAA, ArgumentExhibit CThis Amendment will undermine the Auditor of the power of oversight. Whats the City trying to get away with? The Auditor already has access to all documents. This Amendment would strike out “IMMEDIATE” and substitute “TIMELY” for access to all docs. Anyone who has tried to get information from the City of Long Beach knows that “timely”, means at the City’s Will. Smalll things, one hour, large issues, it could be ‘months. The auditor might patiently wait while things could be shredded, edited, and altered. We must maintain the WARRANT power of the office for everything without delay from any department, commission, committee or position of the City. ‘The Auditor is elected by the people to be an independent watchdog on the actions of the government, a Check and Balance for truth and accountability. Instead of an auditor we would get a patient, trusting, undemanding clerk. reporting to the City Council and the City Clerk. The Clerk reports to the pibli¢, The City Council can bury (Receive and File ) any report, record or document. Shall we gut the City Auditor's office of power and purpose, and turn it into a rubber stamping shill supporting an invisible government? It is your choice. Shali we amend the charter to remove the Power of the Auditor, oF will we let possible corruption, secret meetings, undisclosed plans, and fraud souisn in our City? é Ee Theelected office of City Auditor serves the People not the staff and politicians. she ‘BS /O8E NO ON MEASURE AAAExhibit DThis Measure will undermine the Auditor of the power of oversight. What is the City trying to get away with? The Auditor already has access to all documents. This Amendment will strike out the word “IMMEDIATE” substitute with “TIMELY™ for access to all documents. Anyone who has tried to get information from the City of Long Beach knows that “timely”, means at the City’s Will. Smail things, ‘one hour, large issues, it could be months. The Auditor already has access to all financial documents. The auditor is required to ‘stay vigilant for the people and ascertain that the City is complying with all reporting and financial obligations. We'must maintain the WARRANT power of the office for everything without delay from any department, commission, committee or position of the City. The Auditor is elected by the people to be an independent nonpartisan watchdog on the actions of the City, a protector of public trust and confidence in government, not a rubber-stamping bureaucrat. It is your choice. Shall we amend the charter to remove the Power of the Auditor, or will we let possible corruption, secret meetings, undisclosed plans, and fraud flourish in our City? The elected office of City Auditor serves The People not the staff and politicians. VOTE NO ON MEASURE AAA 0930/18 Measure AAA, RebuttalExhibit EA Redistricting Commission that is not independent is GERRYMANDERING ‘WITH LIPSTICKI According to the redistricting proposal there will be an ostensibly independent citizens commission that wii oversee the redistricting efforts. What they don’ tell us is that the "Ethics" Commission, which is handpicked by the Mayor, appoints the redistricting commissioners! ‘A Redistricting Commission controtied by the Mayor has the power to control the district boundaries, not in.a manner that follows the netural flow and ‘composition of neighborhoods but in a way that itcan influence who gets olectod. Furtherncre, the Mayor is propesing @ change that affects all of the ‘sommissions. This change wuld eliminaie the right of commissions to set their ‘cwn agendas and gives that power to the city manager. This takes avay our ability fo have a voice in the cammissions and effectively tes the commissioner's hands to act independent, ‘Concurrently with the self-serving TERM LIMIT EXTENSION, unethical Ethics. Commission, and the removal of powers from the watchdog City Auditor position, this is nothing more than a scary power grab by the Mayor and his “rubber stamp" ity Council. VOTE NO on the sel-serving Redistricting Commission! SE 2d 2 OAL VO 'How 3g 9:07 Mu 79 AL ‘OaAtgga"Exhibit FA Redistricting Commission that is not truly independent could potentially lead to gerrymandering. According to this measure, there will be an ostensibly independent citizens commission that will oversee the redistricting efforts. What they don't tell you is that the commissioners for this commission will be vetted by a “screening panel” composed of the members of the Ethics Commission (if Measure CCC passes), the majority of whose members would be handpicked by the politicians. Anew Redistricting Commission could wield immense influence over the future of the city. It would have the power to control all City Council district boundaries, and if not truly independent potentially lead to gerrymandering. In fact, by deciding which citizens reside in which districts, it could impact who gets elected to office and who does not. A Redistricting Commission that is flawed at its core is not truly independent it becomes nothing more than a scary power grab by the Mayor and his “rubber-stamping" City Council. VOTE NO on the self-serving Redistricting Commission! 083018 Measure DDD ArgumentExhibit GVote NO on Measure pouee While the concept of a “Citizens Redistricting Commission” is laudable, we believe this amendment mainly serves as cover for Measure BBB. Measure BBB is the ‘true aim of the current effort to amend the Long Beach City Charter, because it ‘would hand the current politicians a third term in office. Don’t be footed, and don’t get distracted. Furthermore, the details of this proposed redistricting commission are highly intpeite ‘The commissioners would be chasen by the ethics commission, if Measure CCC passes, and alternatively by the Mayor, ifit doesn’t. The Mayor and the City Auditor choose four of the ethics commissioners under Measure CCC, so either way the Mayor will exert substantial control over this redistricting commission. ‘That means the claim in the ballot argument in favor of Measure DDD ~ that this amendment “takes redistricting completely out of the hands of the Mayor and City Council” ~is FALSE. ‘Vote NO on Measure DDD. FO AUG 27 PH de 1hExhibit HVOTE NO on Measure DDD. While the concept of a “Citizens Redistricting Commission” is laudable, we believe this amendment mainly serves as cover for other motives. Don't be fooled, and don’t get distracted. The details of the proposed redistricting commission are highly imperfect: The.commissioners would be vetted by a “screening panel" composed of the members of the Ethics Commission (if Measure CCC passes), the majority of whose members would be handpicked by the politicians. VOTE NO on the self-serving Redistricting Commission! 083072018 ‘Measure DDD RebuctalLaworrices oF ‘ONTARIO. CALIFORNIA 81761 ww ae 10 u 12 1B 14 15 16 "7 18 19 20 2 2 23 25 26 27 28 PROOF OF SERVICE At the time of service { was over 18 years of age and not a party to this action, Mj business address is 2855 E. Guasti Road, Suite 400, Ontario, California 91761. ‘On September 4, 2018, I served the following document( PROPOSED] ALTERNATIVE WRIT OF MANDATE OR EREMPTORY WRIT By fax transmission. Based on an agreemtent of the parties to accept service by| fax transmission, I faxed the documents to the persons at the fax numbers listed ‘below. No error was reported by the fax machine that I used, A copy of the record! of the fax transmission, which I printed out, is attached. [2] _By United States mail. I enclosed the documents in a sealed envelope or package addressed to the persons at the addresses listed below (specify one): Deposited the sealed envelope with the United States Postal Service, with the postage fully prepaid. [%] Placed the envelope for collection and mailing, following our ordinary business practices. I am readily familiar with this business's practice for collecting and processing correspondence for mailing. On the same day that correspondence is placed for collection and mailing, itis deposited in the) ordinary course of business with the United States Postal Service, in al sealed envelope with postage fully prepaid. [2] __By e-mail or electronic transmission. Based on a court order or an agreement of the parties t6 accept service by e-mail or electroitic transmission, I caused the documents 10 be sent to the persons at the e-mail addresses listed below. I did not receive, within a reasonable time after the transmission, any electronic message ot, other indication that the transmission was unsuccessful. ‘SEE ATTACHED SERVICE LIST I declare under penalty of perjury under the laws of the State of California that the | above is true and correct Executed on September 4, 2018, at Ontario, California. Pamela ae 3 (PROPOSED) ALTERNATIVE WRIT OR PEREMPTORY WRIT