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HomeMy WebLinkAboutNovember 8, 2022 - General Municipal Election - Proposed Cha N-City of Huntington Beach, Charter Amendment Measure 3 Shall proposed Charter Amendment Measure 3 to: define the Attorney-Client relationship between City Attorney and City, designating City Council as Client; determine all legal matters to be controlled by City Council and managed by City Attorney under City Council direction; permit City Council to contract with other attorneys if the City Attorney has a conflict of interest; require City Attorney to keep all legal records and comply with requests for information, be approved? OK'2741-1, tts-�v Section 10110_ Ballot Measures- N ( "0`"T' 11 City of Huntington Beach, Charter Amendment Measure 3 Shall proposed Charter Amendment Measure 3 to: define the Attorney-Client relationship between City Attorney and City, designating City Council as Client; determine all legal matters to be controlled by City Council and managed by City Attorney under City Council direction; permit City Council to contract with other attorneys if the City Attorney has a conflict of interest; require City Attorney to keep all legal records and comply with requests for information, be approved? What your vote means YES NO A"YES"vote will approve the proposed amendments A"NO"vote will not approve the proposed amendments. above. For and against FOR AGAINST Rhonda Bolton Erik Peterson City Councilmember Councilmember Dan Kalmick City Councilmember Section se.-t Ballot Measures- N 11 Full Text of Measure N City of Huntington Beach Text in bold underline = proposed additions - Text with tifaubioa=str4114=aut5= proposed deletions Charter Amendment Measure No.3 Section 304.QUORUMS,PROCEEDINGS AND RULES OF ORDER. (b) Proceedings.The City Council shall judge the qualification of its members as set forth by the Charter.It shall judge all election returns. Each member of the City Council shall have the power to administer oaths and affirmations in any investigation or proceeding pending before the City Council.The City Council shall have the power and authority to compel the attendance of witnesses,to examine them under oath and to compel the production of evidence before it.Subpoenas shall be issued in the name of the City and be attested by the City Clerk.They shall be served and complied with in the same manner as subpoenas in civil actions. Disobedience of such subpoenas, or the refusal to testify (upon other than constitutional grounds),shall constitute a misdemeanor,and shall be punishable in the same manner as violations of this Charter are punishable. Section 309.CITY ATTORNEY. POWERS AND DUTIES.To become and remain eligible for City Attorney the person elected or appointed shall have graduated from a law school accredited by the American Bar Association,be an attorney at law,duly licensed as such under the laws of the State of California,shall have been engaged in the practice of law in this State for at least five years prior to their election or appointment.The City Attorney shall have the power and may be required to: (a) Represent and advise the City Council and all City officers in all matters of law pertaining to their offices,except as otherwise provided in this Charter. (b) Prosecute on behalf of the people any or all criminal cases arising from violation of the provisions of this Charter or of City ordinances and such state misdemeanors as the City has the power to prosecute,unless otherwise provided by the City Council. (c) Represent and appear for the City in any or all actions or proceedings in which the City is concerned or is a party,and represent and appear for any City officer or employee,or former City officer or employee,in any or all civil actions or proceedings in which such officer or employee is concerned or is a party for any act arising out of their employment or by reason of their official capacity, except as otherwise provided in this Charter. (d) Attend all regular meetings of the City Council,unless excused,and give their advice or opinion orally or in writing whenever requested to do so by the City Council or by any of the boards or officers of the City. (e) Approve in writing the form of all contracts made by and all bonds and insurance given to the City. (f) Prepare any and all proposed ordinances and City Council resolutions and amendments thereto. (g) Devote such time to the duties of their office and at such place as may be specified by the City Council. (h) Perform such legal functions and duties incident to the execution of the foregoing powers as may be necessary,except as otherwise provided in this Charter. (i) Maintain the records of their office in compliance with all City policies and applicable law,and surrender to their successor all books,papers,files,and documents pertaining to the City's affairs. (j) Assist and cooperate with the City Manager consistent with Section 403 of the City Charter. (k) Provide advice related to compliance with the City Charter,the Municipal Code, and applicable laws to all elected and appointed officials of the City. Section 310. ATTORNEY-CLIENT RELATIONSHIP. (a) Pursuant to the California Rules of Professional Conduct,the civil client of the City Attorney is the municipal corporation, the City of Huntington Beach. The City Council shall have control of all litigation of the City,to the extent that the relationship between attorney and client permits or authorizes such control by the client. The City Attorney shall manage all litigation and legal matters of the City in accordance with this Section,subiect to client direction by the City Council,and subiect to the City Attorney's duty to act in the best interests of the City and to conform to applicable law and ethical and legal obligations. The City Council shall control the assertion and waiver of the attorney-client privilege. The City Council may direct the City Attorney or the City Manager to contract with other attorneys to take charge of any prosecution,litigation,or other legal matter or business in any of the following circumstances: (1)At the request of the City Attorney;or (2)On its own initiative: (A) in the event of a conflict of interest for the City Attorney or their office under applicable law or the California Rules of Professional Conduct; (B)in the event that a legal matter directly involves or relates to the City Attorney,their office,or staff in a way that is materially different than the impact of the matter on other City Departments. (b) The City Council shall have client control of all legal business and proceedings and all property of the legal department. The City Attorney shall keep records of all actions and proceedings in which the City or any officer,employee,Board,or Commission is an interested party, and copies of all written opinions given by the City Attorney's office. The City Attorney shall comply with all direction and requests for information from members of the City Council and the City Manager,and shall report to the City Council on the status and progress of litigation on a regular basis and upon reasonable request. Section to- Ballot Measures- N 11 Impartial Analysis City of Huntington Beach Measure N Current Huntington Beach City Charter The current Huntington Beach City Charter assigns powers and duties regarding the City's legal business to both the City Council and City Attorney. Section 304(b)states that the City Council controls all legal business,proceedings and property of the City and may hire other attorneys to manage legal matters and business;Section 309 states that the City Attorney represents and advises the City Council and City officers in all legal matters,in addition to other duties. Proposed Amendments to the Charter The City is proposing Charter Amendment Measure N("Measure N"),which would amend the Charter by delineating the powers and duties of the City Council and City Attorney as they relate to the City's legal business. The proposed amendments in Measure N are below: Add a new Section 310—New Section 310(a)defines the attorney-client relationship in the City,with the City as the client. As the City's representative, the City Council(client)would direct all litigation and legal matters. The City Attorney(attorney)would,in turn,receive that direction and manage all litigation and legal matters accordingly. New Section 310(a) also permits City Council to hire outside attorneys to manage certain legal matters, but only in specific, limited circumstances: (1)at the request of the City Attorney(2)in the event the City Attorney or their office may have a conflict of interest,or(3) if a legal matter directly involves or relates to the City Attorney,their office or staff. New Section 310(b)also provides detailed instructions for the City Attorney on handling legal records and providing regular status updates on litigation. Existing Section 309(i),which is related to records,is amended to be consistent with new Section 310(b). Other amendments—Measure N proposes additional amendments with less substantive changes that allow existing Sections to be consistent with the new Section 310,such as adding the phrase"except as otherwise provided in this Charter"throughout Section 309(City Attorney Powers and Duties) and deleting the final sentence in Section 304(b)since it is generally restated throughout new Section 310. Lastly,Section 309(k)would be amended to clarify that the City Attorney will provide advice on compliance with the Municipal Code and other applicable laws. Measure N was placed on the ballot by the City Council in response to the recommendations of the appointed Charter Revision Committee comprised of seven residents and City representatives. Measure N requires simple majority approval of voters to take effect. A"YES" vote will approve the proposed amendments above. A"NO"vote will not approve the proposed amendments. Section e Ballot Measures- N 11 Argument in Favor of Measure N Rebuttal to Argument in Favor of Measure N Every component of our City government owes our residents the duties Councilmembers Bolton/Kalmick (NOT licensed attorneys) PROVE this of accountability, transparency, and integrity. In contrast, the City is a POWER-GRAB to give City Council MORE POWER to hire outside Attorney's office has interpreted our City's Charter to permit it to act in a attorneys - BYPASSING the voters' City Attorney. It's DANGEROUS - it manner contrary to state law and norms of professional responsibility for undermines the INDEPENDENCE of the City Attorney that HB has voted attorneys: the City Attorney's office maintains that it must have oversight for since early-1900s.The City Attorney has successfully fought FOR THE of legal matters even when that office has a conflict of interest. RESIDENTS,won countless major legal victories,and ensured City Council follows ALL LAWS.This Amendment gives MORE POWER to City Council to Such misinterpretation of the Charter invites abuse, to taxpayers' secretly hire attorneys behind closed-doors,hidden from voters.In 2021, detriment.It is also completely inconsistent with fundamental principles of City Council secretly and ILLEGALLY hired (violation Section 309, City sound governance.Significantly,the City Attorney's misinterpretation has Charter) lapdog attorney Craig Steele, who is a progressive POLITICAL already contributed to circumstances that,in our opinion,disadvantaged activist and favorite of LONG-TIME FAMILY FRIEND Councilmember the City in certain litigation, resulting in a $2,500,000 payout to two Kalmick.City Council secretly paid Steele S50,000 of taxpayer money with former City Attorney office employees and a$1,500,000 legal bill for the no contract to produce a phony"political hit piece" attacking Mr. Gates. City.Our opinion is based on an independent operational review of how This is what giving City Council, a highly political body of non-lawyers, the City handled this litigation. the POWER to hire their lapdog attorneys produces - political harm Using the same Charter misinterpretation,the City Attorney's Office also and deception designed to dupe the public into believing this proposed tried to thwart this independent review,and even hired another outside Charter Amendment is necessary.The only thing it proves is the DANGER firm (at taxpayer's expense) to threaten to sue the City Council. This created by hiring attorneys behind closed-doors. Although highly critical cannot be what voters intended when they elected their City Attorney. of Mr.Gates,non-attorneys Bolton/Kalmick were NOT ON CITY COUNCIL during most of Mr.Gates's legal work.Yet,Bolton/Kalmick make a number The review (available at https://bit.ly/3RvZHfg) found numerous, of false claims against Mr. Gates,which are not true. I have worked with serious irregularities and a significant breakdown in the attorney-client Mr.Gates for 8 years. All decisions were made BY CITY COUNCIL and Mr. relationship between the City Council and the City Attorney's office. It Gates is nothing but a stellar City Attorney.Vote NO. made a number of recommendations including amending the Charter;this Measure is the result.The Citizens Charter Review Committee concurred s/Erik Peterson with this amendment. Huntington Beach City Council Member We urge adoption of the revisions suggested in Measure N to make clear 1°) the respective roles and responsibilities of the City Attorney and the City Council concerning the City's legal affairs and to clarify that the City S615 1/ Attorney must be recused from acting as counsel or supervising matters /� / 'V where the City Attorney may have a conflict of interest. / 50)) /I 101 I, s/Rhonda Bolton W Q City Councilmember _ s/Dan Kalmick City Councilmember Section 0.000 Ballot Measures- N 11 Argument Against Measure N Rebuttal to Argument Against Measure N Vote NO on this measure to amend the City Charter. This amendment This amendment makes no changes to the City Attorney's current role. changes the City Attorney role from representingthe"City,"to representing The City Council has always been the Client, with the exclusive right the "City Council as Client." This is a dangerous POWER GRAB by the to direct the City Attorney in their representation of the City.While the City Council who is looking to REMOVE the INDEPENDENCE FROM the City Attorney is an elected position in Huntington Beach, it is NOT an current CITY ATTORNEY position.This would take away the elected City independent position.The City Attorney cannot"fight for the City and the Attorney's ability to fight for the City and the taxpayers,and make him/ taxpayers,"as the opponent of this Measure states,WITHOUT City Council her beholden to the City Council,a highly political body.The City Council authorization. wants the voters to believe,as the not-so-independent analysis suggests, that this measure is harmless and simply "clarifies" the attorney client I authored the legal opinion that defines the authority of the City Council relationship.Not true.This measure GIVES the CITY COUNCIL new POWER, and City Attorney under the Charter.The current City Attorney has warped i.e.,the authority to bypass the elected City Attorney in order to directly that opinion. It was NEVER intended to preclude the Council from hiring hire outside attorneys at great taxpayer expense. We need to maintain outside counsel when a conflict of interest arises. the current, cost-efficient, checks and balances, full transparency and Thus, this amendment clarifies and defines only two narrow instances accountability that the independently elected City Attorney gives us. where the City Council may hire counsel outside the City Attorney's Vote NO on this amendment and retain the independence of the elected purview: 1)when a conflict of interest arises as defined by the California City Attorney so that they work for the voters not City Council. Rules of Professional Conduct for Attorneys; or 2) when a legal matter s/Erik Peterson directly involves the City Attorney or their office. These instances are Councilmember already defined in State law, but the current City Attorney has taken an aggressive position that contradicts these standard legal interpretations. I strongly support having an elected City Attorney and would reject any amendment that would undermine that office, or constituted a "power grab."Measure N is a good governance measure. I urge you to vote YES on Measure N s/Gail Hutton Elected Huntington Beach City Attorney 1978-2002 N City of Huntington Beach, Charter Amendment Measure 3 Shall proposed Charter Amendment Measure 3 to: define the Attorney-Client relationship between City Attorney and City, designating City Council as Client; determine all legal matters to be controlled by City Council and managed by City Attorney under City Council direction; permit City Council to contract with other attorneys if the City Attorney has a conflict of interest; require City Attorney to keep all legal records and comply with requests for information, be approved? What your vote means YES NO A"YES" vote will approve the proposed amendments A"NO" vote will not approve the proposed amendments. above. For and against FOR AGAINST Rhonda Bolton Erik Peterson City Councilmember Councilmember Dan Kalmick City Councilmember )10 (2.S4114,--NyY117--- Full Text of Measure N City of Huntington Beach Text in bold underline = proposed additions - Text with sioulalia=ar=i4te=otttzs= proposed deletions Charter Amendment Measure No.3 Section 304.QUORUMS, PROCEEDINGS AND RULES OF ORDER. (b) Proceedings.The City Council shall judge the qualification of its members as set forth by the Charter.It shall judge all election returns. Each member of the City Council shall have the power to administer oaths and affirmations in any investigation or proceeding pending before the City Council.The City Council shall have the power and authority to compel the attendance of witnesses,to examine them under oath and to compel the production of evidence before it.Subpoenas shall be issued in the name of the City and be attested by the City Clerk.They shall be served and complied with in the same manner as subpoenas in civil actions. Disobedience of such subpoenas, or the refusal to testify (upon other than constitutional grounds),shall constitute a misdemeanor,and shall be punishable in the same manner as violations of this Charter are punishable. Section 309. CITY ATTORNEY. POWERS AND DUTIES.To become and remain eligible for City Attorney the person elected or appointed shall have graduated from a law school accredited by the American Bar Association,be an attorney at taw,duly licensed as such under the laws of the State of California,shall have been engaged in the practice of law in this State for at least five years prior to their election or appointment.The City Attorney shall have the power and may be required to: (a) Represent and advise the City Council and all City officers in all matters of law pertaining to their offices,except as otherwise provided in this Charter. (b) Prosecute on behalf of the people any or all criminal cases arising from violation of the provisions of this Charter or of City ordinances and such state misdemeanors as the City has the power to prosecute,unless otherwise provided by the City Council. (c) Represent and appear for the City in any or all actions or proceedings in which the City is concerned or is a party,and represent and appear for any City officer or employee,or former City officer or employee,in any or all civil actions or proceedings in which such officer or employee is concerned or is a party for any act arising out of their employment or by reason of their official capacity, except as otherwise provided in this Charter. (d) Attend all regular meetings of the City Council,unless excused,and give their advice or opinion orally or in writing whenever requested to do so by the City Council or by any of the boards or officers of the City. (e) Approve in writing the form of all contracts made by and all bonds and insurance given to the City. (f) Prepare any and all proposed ordinances and City Council resolutions and amendments thereto. (g) Devote such time to the duties of their office and at such place as may be specified by the City Council. (h) Perform such legal functions and duties incident to the execution of the foregoing powers as may be necessary,except as otherwise provided in this Charter. (i) Maintain the records of their office in compliance with all City policies and applicable law,and s5urrender to their successor all books,papers,files,and documents pertaining to the City's affairs. (j) Assist and cooperate with the City Manager consistent with Section 403 of the City Charter. (k) Provide advice related to compliance with the City Charter,the Municipal Code, and applicable laws to all elected and appointed officials of the City. Section 310. ATTORNEY-CLIENT RELATIONSHIP. (a) Pursuant to the California Rules of Professional Conduct,the civil client of the City Attorney is the municipal corporation, the City of Huntington Beach. The City Council shall have control of all litigation of the City,to the extent that the relationship between attorney and client permits or authorizes such control by the client. The City Attorney shall manage all litigation and legal matters of the City in accordance with this Section,subject to client direction by the City Council.and subject to the City Attorney's duty to act in the best interests of the City and to conform to applicable law and ethical and legal obligations. The City Council shall control the assertion and waiver of the attorney-client privilege. The City Council may direct the City Attorney or the City Manager to contract with other attorneys to take charge of any prosecution,litigation,or other legal matter or business in any of the following circumstances: (1)At the request of the City Attorney;or (2) On its own initiative: (A) in the event of a conflict of interest for the City Attorney or their office under applicable law or the California Rules of Professional Conduct; (B)in the event that a legal matter directly involves or relates to the City Attorney,their office,or staff in a way that is materially different than the impact of the matter on other City Departments. (b) The City Council shall have client control of all legal business and proceedings and all property of the legal department. The City Attorney shall keep records of all actions and proceedings in which the City or any officer,employee, Board,or Commission is an interested party. and copies of all written opinions given by the City Attorney's office. The City Attorney shall comply with all direction and requests for information from members of the City Council and the City Manager.and shall report to the City Council on the status and progress of litigation on a regular basis and upon reasonable request. o/1 )40,211 Impartial Analysis City of Huntington Beach Measure N Current Huntington Beach City Charter The current Huntington Beach City Charter assigns powers and duties regarding the City's legal business to both the City Council and City Attorney. Section 304(b)states that the City Council controls all legal business,proceedings and property of the City and may hire other attorneys to manage legal matters and business;Section 309 states that the City Attorney represents and advises the City Council and City officers in all legal matters,in addition to other duties. Proposed Amendments to the Charter The City is proposing Charter Amendment Measure N("Measure N"),which would amend the Charter by delineating the powers and duties of the City Council and City Attorney as they relate to the City's legal business. The proposed amendments in Measure N are below: Add a new Section 310—New Section 310(a)defines the attorney-client relationship in the City,with the City as the client. As the City's representative, the City Council(client)would direct all litigation and legal matters. The City Attorney(attorney)would,in turn,receive that direction and manage all litigation and legal matters accordingly. New Section 310(a) also permits City Council to hire outside attorneys to manage certain legal matters, but only in specific, limited circumstances: (1)at the request of the City Attorney(2) in the event the City Attorney or their office may have a conflict of interest,or(3)if a legal matter directly involves or relates to the City Attorney,their office or staff. New Section 310(b)also provides detailed instructions for the City Attorney on handling legal records and providing regular status updates on litigation. Existing Section 309(i),which is related to records,is amended to be consistent with new Section 310(b). Other amendments—Measure N proposes additional amendments with less substantive changes that allow existing Sections to be consistent with the new Section 310,such as adding the phrase"except as otherwise provided in this Charter"throughout Section 309(City Attorney Powers and Duties) and deleting the final sentence in Section 304(b)since it is generally restated throughout new Section 310. Lastly,Section 309(k)would be amended to clarify that the City Attorney will provide advice on compliance with the Municipal Code and other applicable laws. Measure N was placed on the ballot by the City Council in response to the recommendations of the appointed Charter Revision Committee comprised of seven residents and City representatives. Measure N requires simple majority approval of voters to take effect. A"YES" vote will approve the proposed amendments above. A"NO"vote will not approve the proposed amendments. 51-0 Impartial Analysis City of Huntington Beach / � 1 Measure N (/ / J Current Huntington Beach City Charter The current Huntington Beach City Charter assigns powers and duties regarding the City's legal business to both the City Council and City Attorney. Section 304(b)states that the City Council controls all legal business,proceedings and property of the City and may hire other attorneys to manage legal matters and business;Section 309 states that the City Attorney represents and advises the City Council and City officers in all legal matters,in addition to other duties. Proposed Amendments to the Charter The City is proposing Charter Amendment Measure 3("Measure 3"),which would amend the Charter by delineating the powers and duties of the City Council and City Attorney as they relate to the City's legal business. The proposed amendments in Measure 3 are below: Add a new Section 310—New Section 310(a)defines the attorney-client relationship in the City,with the City as the client. As the City's representative, the City Council(client)would direct all litigation and legal matters. The City Attorney(attorney)would,in turn,receive that direction and manage all litigation and legal matters accordingly. New Section 310(a)also permits City Council to hire outside attorneys to manage certain legal matters, but only in specific, limited circumstances: (1)at the request of the City Attorney(2) in the event the City Attorney or their office may have a conflict of interest,or(3)if a legal matter directly involves or relates to the City Attorney,their office or staff. New Section 310(b)also provides detailed instructions for the City Attorney on handling legal records and providing regular status updates on litigation.Existing Section 309(i),which is related to records,is amended to be consistent with new Section 310(b). Other amendments—Measure 3 proposes additional amendments with less substantive changes that allow existing Sections to be consistent with the new Section 310,such as adding the phrase"except as otherwise provided in this Charter"throughout Section 309(City Attorney Powers and Duties) and deleting the final sentence in Section 304(b)since it is generally restated throughout new Section 310. Lastly,Section 309(k)would be amended to clarify that the City Attorney will provide advice on compliance with the Municipal Code and other applicable laws. Measure 3 was placed on the ballot by the City Council in response to the recommendations of the appointed Charter Revision Committee comprised of seven residents and City representatives. Measure 3 requires simple majority approval of voters to take effect. A"YES"vote will approve the proposed amendments above. A"NO"vote will not approve the proposed amendments. C 6E )Q tr_C-S OF �/17 su er 3 � j� /l,L.�j 1(° t-/L-- Argument in Favor of Measure N Every component of our City government owes our residents the duties of accountability, transparency, and integrity. In contrast, the City Attorney's office has interpreted our City's Charter to permit it to act in a manner contrary to state law and norms of professional responsibility for attorneys: the City Attorney's office maintains that it must have oversight of legal matters even when that office has a conflict of interest. Such misinterpretation of the Charter invites abuse, to taxpayers' detriment.It is also completely inconsistent with fundamental principles of sound governance.Significantly,the City Attorney's misinterpretation has already contributed to circumstances that,in our opinion,disadvantaged the City in certain litigation, resulting in a $2,500,000 payout to two former City Attorney office employees and a$1,500,000 legal bill for the City. Our opinion is based on an independent operational review of how the City handled this litigation. Using the same Charter misinterpretation,the City Attorney's Office also tried to thwart this independent review, and even hired another outside firm (at taxpayer's expense) to threaten to sue the City Council. This cannot be what voters intended when they elected their City Attorney. The review (available at https://bit.ly/3RvZHfg) found numerous, serious irregularities and a significant breakdown in the attorney-client relationship between the City Council and the City Attorney's office. It made a number of recommendations including amending the Charter;this Measure is the result.The Citizens Charter Review Committee concurred with this amendment. We urge adoption of the revisions suggested in Measure N to make clear the respective roles and responsibilities of the City Attorney and the City Council concerning the City's legal affairs and to clarify that the City Attorney must be recused from acting as counsel or supervising matters where the City Attorney may have a conflict of interest. s/Rhonda Bolton City Councilmember s/Dan Kalmick City Councilmember re 5 4_7 6-7 Argument Against Measure N Vote NO on this measure to amend the City Charter. This amendment changes the City Attorney role from representing the"City,"to representing the "City Council as Client." This is a dangerous POWER GRAB by the City Council who is looking to REMOVE the INDEPENDENCE FROM the current CITY ATTORNEY position.This would take away the elected City Attorney's ability to fight for the City and the taxpayers,and make him/ her beholden to the City Council,a highly political body.The City Council wants the voters to believe,as the not-so-independent analysis suggests, that this measure is harmless and simply "clarifies" the attorney-client relationship.Not true.This measure GIVES the CITY COUNCIL new POWER, i.e.,the authority to bypass the elected City Attorney in order to directly hire outside attorneys at great taxpayer expense. We need to maintain the current, cost-efficient, checks and balances, full transparency and accountability that the independently elected City Attorney gives us. Vote NO on this amendment and retain the independence of the elected City Attorney so that they work for the voters not City Council. s/Erik Peterson Councilmember Rebuttal to Argument in Favor of Measure N Councilmembers Bolton/Kalmick PROVE this is a POWER-GRAB to give City Council MORE POWER to hire outside attorneys - BYPASSING the voters'City Attorney. It's DANGEROUS-it undermines the INDEPENDENCE of the City Attorney that HB has voted for since early-1900s. The City Attorney has successfully fought FOR THE RESIDENTS, won countless major legal victories, and ensured City Council follows ALL LAWS. This Amendment gives MORE POWER to City Council to secretly hire attorneys behind closed-doors, hidden from voters. In 2021, City Council hired lapdog attorney Craig Steele,who is a progressive POLITICAL activist and favorite of Councilmember Kalmick. City Council paid Steele taxpayer money to produce a phony "political hit piece" attacking Mr. Gates. This is what giving City Council, a highly political body of non-lawyers, the POWER to hire their lapdog attorneys produces - political harm and deception designed to dupe the public into believing this proposed Charter Amendment is necessary.The only thing it proves is the DANGER created by hiring attorneys behind closed-doors. Although highly critical of Mr.Gates,Bolton/Kalmick were NOT ON CITY COUNCIL during most of Mr.Gates's legal work.Yet,Bolton/Kalmick make a number of false claims against Mr.Gates,which are not true.I have worked with Mr.Gates for 8 years. All decisions were made BY CITY COUNCIL and Mr.Gates is nothing but a stellar City Attorney.Vote NO. s/Erik Peterson Huntington Beach City Council Member Charter Amendment Measure 3 Impartial Analysis by the City Clerk Current Huntington Beach City Charter The current Huntington Beach City Charter assigns powers and duties regarding the City's legal business to both the City Council and City Attorney. Section 304(b) states that the City Council controls all legal business, proceedings and property of the City and may hire other attorneys to manage legal matters and business; Section 309 states that the City Attorney represents and advises the City Council and City officers in all legal matters, in addition to other duties. Proposed Amendments to the Charter The City is proposing Charter Amendment Measure 3 ("Measure 3"), which would amend the Charter by delineating the powers and duties of the City Council and City Attorney as they relate to the City's legal business. The proposed amendments in Measure 3 are below: Add a new Section 310 — New Section 310(a) defines the attorney-client relationship in the City, with the City as the client. As the City's representative, the City Council (client) would direct all litigation and legal matters. The City Attorney (attorney) would, in turn, receive that direction and manage all litigation and legal matters accordingly. New Section 310(a) also permits City Council to hire outside attorneys to manage certain legal matters, but only in specific, limited circumstances: (1) at the request of the City Attorney (2) in the event the City Attorney or their office may have a conflict of interest, or (3) if a legal matter directly involves or relates to the City Attorney, their office or staff. New Section 310(b) also provides detailed instructions for the City Attorney on handling legal records and providing regular status updates on litigation. Existing Section 309(i), which is related to records, is amended to be consistent with new Section 310(b). Other amendments—Measure 3 proposes additional amendments with less substantive changes that allow existing Sections to be consistent with the new Section 310, such as adding the phrase "except as otherwise provided in this Charter" throughout Section 309 (City Attorney Powers and Duties) and deleting the final sentence in Section 304(b) since it is generally restated throughout new Section 310. Lastly, Section 309(k) would be amended to clarify that the City Attorney will provide advice on compliance with the Municipal Code and other applicable laws. Measure 3 was placed on the ballot by the City Council in response to the recommendations of the appointed Charter Revision Committee comprised of seven residents and City representatives. Measure 3 requires simple majority approval of voters to take effect. A "YES" vote will approve the proposed amendments above. A "NO" vote will not approve the proposed amendments. N c m r- 7 o�� cn rn N Argument in Favor of Charter Amendment Measure 3 Every component of our City government owes our residents the duties of accountability,transparency, and integrity. In contrast,the City Attorney's office has interpreted our City's Charter to permit it to act in a manner contrary to state law and norms of professional responsibility for attorneys: the City Attorney's office maintains that it must have oversight of legal matters even when that office has a conflict of interest. Such misinterpretation of the Charter invites abuse,to taxpayers' detriment. It is also completely inconsistent with fundamental principles of sound governance.Significantly,the City Attorney's misinterpretation has already contributed to circumstances that, in our opinion, disadvantaged the City in certain litigation, resulting in a $2,500,000 payout to two former City Attorney office employees and a $1,500,000 legal bill for the City. Our opinion is based on an independent operational review of how the City handled this litigation. Using the same Charter misinterpretation,the City Attorney's Office also tried to thwart this independent review, and even hired another outside firm (at taxpayer's expense)to threaten to sue the City Council.This cannot be what voters intended when they elected their City Attorney. The review (available at https://bit.ly/3RvZHfg)found numerous, serious irregularities and a significant breakdown in the attorney-client relationship between the City Council and the City Attorney's office. It made a number of recommendations including amending the Charter;this Measure is the result.The Citizens Charter Review Committee concurred with this amendment. We urge adoption of the revisions suggested in Measure_to make clear the respective roles and responsibilities of the City Attorney and the City Council concerning the City's legal affairs and to clarify that the City Attorney must be recused from acting as counsel or supervising matters where the City Attorney may have a conflict of interest. "The undersigned authors of the Direct Argument in favor of Charter Amendment Measure 3 at the General Municipal Election for the City of Huntington Beach to be held on November 8, 2022, hereby state that such argument is true and correct to the best of their knowledge and belief." Signed: . -- Date: /151?.c'n-Z. Rhonda Bolton, Councilmember Signed: / Date: 77/r/Zoe n K un ilmember IN, N C Pa -Z-4 n ` X7 MI w < to"' me — rn :p. FORM OF STATEMENT TO BE FILED BY AUTHORS OF ARGUMENTS All arguments concerning measures filed pursuant to Division 9, Chapter 3(beginning with§9200)of the Elections Code shall be accompanied by the following form statement to be signed by each proponent, and by each author, if different, of the argument. The undersigned proponent(s) or author(s) of the (primary/rebuttal) argument (in favor of/against) Charter Amendment Measure 5 at the General Municipal Election for the City of Huntington Beach to be held on 11/08/2022 hereby state that the argument is true and correct to the best of(his/her/their) knowledge and belief. p ' Name iY4711-a , • p LA/)(.lL iyr Title G%TYCoIJC,L-f')EVMbeg- Date (If applicable):Submitted on behalf of: 7//S- /2022-' (name of organization) Print Name2Xi' fat,re Title Cry epLO,}C►,u..seArAA 4 I2— Date (If applicable):Submitted on behalf of: Date, 1 '1 2-2-- (name of organization) Print Name Signature Title Date (If applicable):Submitted on behalf of: (name of organization) Print Name Signature Title O Date ima (If applicable):Submitted on behalf of: -4 n C Zo-r+ m (name of organization) CO"-`< I tC ) Print Name Signature o rn, Zorn -� < Title rn N m Date 0 (If applicable):Submitted on behalf of: Cie 7 —' (name of organization) All Authors must print his/her name and sign this form (EC 9600), print his/her name and sign the Argument itself(EC 9283), AND print his/her name and sign the Rebuttal Argument itself(EC 9285). Further, pursuant to Election Code§ 9282, printed arguments submitted to the voters shall be titled either"Argument In Favor Of Measure_" or"Argument Against Measure_" Likewise, printed rebuttal arguments submitted pursuant to Election Code§9285 shall be titled either"Rebuttal To Argument In Favor Of Measure " or"Rebuttal to Argument Against Measure " Give this form to Council Members, Proponents, and Opponents of Measures The following statement shall be included on the front cover,or if none,on the heading of the first page of the printed arguments in the Voter Information Guide:"Arguments in support or opposition of the proposed laws are the opinions of the authors." Argument Against Charter Amendment Measure 3 Measure 3: City Attorney Vote NO on this measure to amend the City Charter.This amendment changes the City Attorney role from representing the "City,"to representing the "City Council as Client." This is a dangerous POWER GRAB by the City Council who is looking to REMOVE the INDEPENDENCE FROM the current CITY ATTORNEY position.This would take away the elected City Attorney's ability to fight for the City and the taxpayers, and make him/her beholden to the City Council, a highly political body.The City Council wants the voters to believe, as the not- so-independent analysis suggests,that this measure is harmless and simply"clarifies"the attorney-client relationship. Not true.This measure GIVES the CITY COUNCIL new POWER, i.e.,the authority to bypass the elected City Attorney in order to directly hire outside attorneys at great taxpayer expense.We need to maintain the current, cost-efficient,checks and balances,full transparency and accountability that the independently elected City Attorney gives us. Vote NO on this amendment and retain the independence of the elected City Attorney so that they work for the voters not City Council. "The undersigned author of the Direct Argument against Charter Amendment Measure 3 at the General Municipal Election for the City of Huntington Beach to be held on November 8, 2022, hereby states that such argument is true and correct to the best of his knowledge and belief." Signe Date: 9 //‘-t Erik Peterson, Councilmember MO "WO 11.40 —I• A p Xt rvi En-4 n min rn • rmoo 7 OD-"XI nICm FORM OF STATEMENT TO BE FILED BY AUTHORS OF ARGUMENTS All arguments concerning measures filed pursuant to Division 9, Chapter 3 (beginning with§ 9200) of the Elections Code shall be accompanied by the following form statement to be signed by each proponent, and by each author, if different, of the argument. The undersigned proponent(s) or author(s) of the (primary/rebuttal) argument (in favor of/against) Charter Amendment Measure 3 at the General Municipal Election for the City of Huntington Beach to be held on 11/08/2022 hereby state that the argument is true and correct to the best of(his/her/their) knowledge and belief. Print Name Signatu Erik Peterson Title Councilmember Date (If applicable):Submitted on behalf of: 7/14/2022 (name of organization) _ Print Name Signature Title Date (If applicable):Submitted on behalf of: (name of organization) Print Name Signature Title Date (If applicable):Submitted on behalf of: (name of organization) Print Name Signature Title Date -i n C m (If applicable):Submitted on behalf of: An-4 tom- 6 - R1 (name of organization) 20rn- Print Name Signature Title 0 Date k OD (If applicable):Submitted on behalf of: (name of organization) All Authors must print his/her name and sign this form (EC 9600), print his/her name and sign the Argument itself(EC 9283), AND print his/her name and sign the Rebuttal Argument itself(EC 9285). Further, pursuant to Election Code§ 9282, printed arguments submitted to the voters shall be titled either"Argument In Favor Of Measure "or"Argument Against Measure_" Likewise, printed rebuttal arguments submitted pursuant to Election Code§9285 shall be titled either"Rebuttal To Argument In Favor Of Measure " or"Rebuttal to Argument Against Measure " Give this form to Council Members, Proponents, and Opponents of Measures The following statement shall be included on the front cover,or if none,on the heading of the first page of the printed arguments in the Voter Information Guide:"Arguments in support or opposition of the proposed laws are the opinions of the authors." Measure 3: City Attorney Vote "no" on this measure to amend the City Charter.This amendment changes the City Attorney role from representing the "City,"to representing the "City Council as Client." This is a dangerous POWER GRAB by the City Council who is looking to REMOVE the INDEPENDENCE FROM the current CITY ATTORNEY position.This would take away the elected City Attorney's ability to fight for the City and the taxpayers,and make him/her beholden to the City Council,a highly political body.The City Council wants the voters to believe, as the not- so-independent analysis suggests,that this measure is harmless and simply"clarifies"the attorney-client relationship. Not true.This measure GIVES the CITY COUNCIL new POWER, i.e.,the authority to bypass the elected City Attorney in order to directly hire outside attorneys at great taxpayer expense. We need to maintain the current, cost-efficient,checks and balances,full transparency and accountability that the independently elected City Attorney gives us. Vote NO on this amendment and retain the independence of the elected City Attorney so that they work for the voters not City Council. 70 r o... — Trt fzi►`"x`en 7c rn cn . Cu Rebuttal to Argument in Favor of Charter Amendment Measure 3 Councilmembers Bolton/Kalmick(NOT licensed attorneys) PROVE this is a POWER-GRAB to give City Council MORE POWER to hire outside attorneys- BYPASSING the voters' City Attorney. It's DANGEROUS - it undermines the INDEPENDENCE of the City Attorney that HB has voted for since early-1900s. The City Attorney has successfully fought FOR THE RESIDENTS, won countless major legal victories, and ensured City Council follows ALL LAWS.This Amendment gives MORE POWER to City Council to secretly hire attorneys behind closed-doors, hidden from voters. In 2021, City Council secretly and ILLEGALLY hired (violation Section 309, City Charter) lapdog attorney Craig Steele, who is a progressive POLITICAL activist and favorite of LONG-TIME FAMILY FRIEND Councilmember Kalmick. City Council secretly paid Steele$50,000 of taxpayer money with no contract to produce a phony "political hit piece" attacking Mr. Gates.This is what giving City Council, a highly political body of non- lawyers, the POWER to hire their lapdog attorneys produces-political harm and deception designed to dupe the public into believing this proposed Charter Amendment is necessary.The only thing it proves is the DANGER created by hiring attorneys behind closed-doors. Although highly critical of Mr. Gates, non- attorneys Bolton/Kalmick were NOT ON CITY COUNCIL during most of Mr. Gates's legal work.Yet, Bolton/Kalmick make a number of false claims against Mr. Gates, which are not true. I have worked with Mr. Gates for 8 years. All decisions were made BY CITY COUNCIL and Mr. Gates is nothing but a stellar City Attorney.Vote NO. The undersigned proponent(s) or author(s) of the Rebuttal to Argument in favor Charter of Amendment Measure 3 at the General Municipal Election for the City of Huntington Beach to be held on November 8, 2022, hereby states that such argument is true and correct to the best of their knowledge and belief. Signed: Date: / 231:222_ Erik Peter on Signed: Date: (type name here exactly as signed) Signed: Date: (type name here exactly as signed) Signed: Date: X IND 0.4.10 rah (type name here exactly as signed) c.— -4 c" c m Signed: Date: r 0 (type name here exactly as signed) o�c7 Ui t11 z o, —o .K MP 't s f'n — - o FORM OF STATEMENT TO BE FILED BY AUTHORS OF ARGUMENTS All arguments concerning measures filed pursuant to Division 9, Chapter 3 (beginning with § 9200) of the Elections Code shall be accompanied by the following form statement to be signed by each proponent, and by each author, if different, of the argument: The undersigned proponent(s)or author(s)of the(primary/rebuttal)argument(in favor of/against)Charter Amendment Measure 3 at the General Municipal Election for the City of Huntington Beach to be held on November 8, 2022, hereby state that the argument is true and correct to the best of(his/her/their) knowledge and belief. Print Name_Erik Peterson_ Title_Huntington Beach City Council Member_ (If applicable):Submitted on behalf of: Signature� � �--' (name of organization) Date '`"2-3/2=2 Print Name Title (If applicable):Submitted on behalf of: Signature (name of organization) Date Print Name Title na (If applicable):Submitted on behalf of: Signature (name of organization) Date n tt1 Print Name Q n Title crC crt rn (If applicable):Submitted on behalf of: Signature z2rns,. rn m fi - f�'1 (name of organization) Date > " C7 Print Name o Title (If applicable):Submitted on behalf of: Signature (name of organization) Date All Authors must print his/her name and sign this form (EC 9600) AND Print his/her name and sign the Argument itself (EC 9283) AND Print his/her name and sign the Rebuttal Argument itself (EC 9285) Further, pursuant to Election Code § 9282, printed arguments submitted to the voters shall be titled either "Argument In Favor Of Measure " or"Argument Against Measure " Likewise, printed rebuttal arguments submitted pursuant to Election Code § 9285 shall be titled either"Rebuttal To Argument In Favor Of Measure " or"Rebuttal to Argument Against Measure " Give this form to Council Members, Proponents, and Opponents of Measures The following statement shall be included on the front cover,or if none,on the heading of the first page of the printed arguments in the Voter Information Guide: "Arguments in support or opposition of the proposed laws are the opinions of the authors." § 9200, 9282, 9283, 9285, 9600 E.C. Statement of Authors of Arguments F -A- 1 Rebuttal to Argument Against Charter Amendment Measure 3 This amendment makes no changes to the City Attorney's current role. The City Council has always been the Client,with the exclusive right to direct the City Attorney in their representation of the City. While the City Attorney is an elected position in Huntington Beach, it is NOT an independent position, The City Attorney cannot"fight for the City and the taxpayers,"as the opponent of this Measure states, WITHOUT City Council authorization. I authored the legal opinion that defines the authority of the City Council and City Attorney under the Charter. The current City Attorney has warped that opinion. It was NEVER intended to preclude the Council from hiring outside counsel when a conflict of interest arises. Thus,this amendment clarifies and defines only two narrow instances where the City Council may hire counsel outside the City Attorneys purview: 1)when a conflict of interest arises as defined by the California Rules of Professional Conduct for Attorneys; or 2)when a legal matter directly involves the City Attorney or their office. These instances are already defined in State law,but the current City Attorney has taken an aggressive position that contradicts these standard legal interpretations. I strongly support having an elected City Attorney and would reject any amendment that would undermine that office,or constituted a"power grab." Measure_is a good governance measure. I urge you to vote YES on Measure_ The undersigned proponent(s)or author(s)of the Rebuttal to Argument Against Charter Amendment Measure 3 at the General Municipal Election for the City of Huntington Beach to be held on November 8, 2022, hereby states that such argument is true and correct to the best of their knowledge and belief. Signed: �- �--- Date: 5 vZ0 oZ� Gail Hutton, Elected Huntington Beach City Attorney 1978( 02 CID ns Z c Xi --c N n fT1 0-4 cn 20rr„ -p < x rn N a C" FORM OF STATEMENT TO BE FILED BY AUTHORS OF ARGUMENTS All arguments concerning measures filed pursuant to Division 9, Chapter 3 (beginning with § 9200)of the Elections Code shall be accompanied by the following form statement to be signed by each proponent, and by each author, if drfferent, of the argument The underuned proponent(s)s)or author(s)of the(primary/rebuttal)argument(in favor of/against)Charter Amendment Measure -.5 at the General Municipal Election for the City of Huntington Beach to be held on November 8, 2022. hereby state that the argument is true and correct to the best of(his/her/their)knowledge and belief ° Print Name 1)A __kciaitaj_qc.. Title 0. tlf (If applicable)Submitted on behalf of Signatu name of or anization Date 57/70t Print Name Title i (If applicable):Submitted on behalf of Signature name of orianization) Date 6b Print Name &Pot- 4jiiTh,4 Title kracree qurjrielizTrahl1gcii efilkialse±1178 2 A . 72' Zit...41r" (If applicable)Submitted on behalf of ; Signature (name of organization) Date °I7p ..672 • Print Name Title (If applicable)Submitted on behalf of Signature (name of orlanization) Date Print Name la Title(If - (If applicable) Submitted on behalf of- Signature —4 0 rn 417-1"‹ rcs.r1 (name of organizationl ° Date -4-en ZofL; 3 < 01A-5c; rn All Authors must print his/her name and sign this form (EC 9600) rh) AND Print his/her name and sign the Argument itself (EC 9283) AND Print his/her name and sign the Rebuttal Argument itself (EC 9285) Further, pursuant to Electron Code §9282, printed arguments submitted to the voters shall be titled either -Argument In Favor Of Measure or Argument Against Measure Likewise printed rebuttal arguments submitted pursuant to Election Code § 9285 shall be titled either"Rebuttal To Argument In Favor Of Measure 'or 'Rebuttal to Argument Against Measure Give this form to Council Members, Proponents, and Opponents of Measures The following statement shall be included on the front cover,or if none,on the heading of the first page ot the printed arguments in the Voter information Guide 'Arguments in support or opposition of the proposed laws are the opinions of the authors §9200, 9282, 9283. 9285, 9600 E C Statement of Authors of Arguments F A 1 AUTHORIZATION FOR ANOTHER PERSON TO SIGN REBUTTAL ARGUMENT The toisowinq major . - dOtrafs a'the Ar,,:. >itirl Fa,.or cit AqxrIst Measure 3 , authorize ihe following person(st to prepare, submit or sign the Rebuttal to the Argument In Favor of )(Agairst Measure 3_, fry the Cif) ot AjNiTigt:7*_16110-i Election to be heid on MAsitli. 20 27.. Signatures of a mayanty of the authors of the Argument )On Favor of Against Measure 3 are required 'DANL. Kftt-Lvcx_ > . 'T) Name(Print) ----gtccrta .tunr-i),---., Date RkOrIOLA; DI11,‘El Name(Print) Signature Date Name(Print) Signature Date The following authors are authorized to prepare,submit or sign the Rebuttal to the Argument In Favor of )(Against Measure 3 Nav(Pant) Signature b'A‘t.- krtrOr.1 QS-c--eAlric .. : Title. Date 7iirbbIt 16LEerED ilvoirtfogribt4 1:6-Kri Callsnalgi Name - Name(Print) Signature Title: Date Name(Print) Signature , Title' i Date 73 Name(Print) Signature rri -I Crl m Title: ' Date Zoirl --121 Ipit M le. •• CI 0 Attach this form to the Form of Statement of Authors Form submitted with the Argument t CP )(In Favor of Against Measure 3 . FORM OF STATEMENT TO BE FILED BY AUTHORS OF ARGUMENTS All arguments concerning measures filed pursuant to Division 9, Chapter 3 (beginning with § 9200) of the Elections Code shall be accompanied by the following form statement to be signed by each proponent, and by each author, if different, of the argument: The undersi ned proponent(s)or author(s)of the(primary/rebuttal)argument(in favor of/against)Charter Amendment Measure at the General Municipal Election for the City of Huntington Beach to be held on November 8, 2022, hereby state that the argument is true and correct to the best of(his/her/their) knowledge and belief. Print Name I /Yt IGIL Titlerv�yCi�V►E✓Iti�EK- (If applicable):Submitted on behalf of: Signatur (name of organization) Date 7 Z c-,' 2 _ Print Name Iht.oO k i 0 .• Title �vYn� YYl eyY1 ',/ (If applicable .Submitted on behalf of: Signature (name of organization) Date -(/ 5 Print Name Pktt_ 1-1 IRA) Title€i.a:cTED �I�wY�Nc.-roa'E�c►+ Crry fia� -200 2 LA ���� ��(If applicable):Submitted on behalf of: Signature ;.,,k (name of organization) Date Q,ti-f'iry o -t A�aa- Print Name 0 Title (If applicable):Submitted on behalf of: Signature (name of organization) Date Print Name Title (If applicable):Submitted on behalf of: Signature (name of organization) Date14.2 ro -. rn All Authors must print his/her name and sign this form (EC 9600) fel:74 AND -4-4 < tit R1 Print his/her name and sign the Argument itself (EC 9283) Own AND =ori; Z < Print his/her name and sign the Rebuttal Argument itself (EC 9285) x R1 1. N d Further, pursuant to Election Code § 9282, printed arguments submitted to the voters shall` e titledXither "Argument In Favor Of Measure " or"Argument Against Measure_" Likewise, printed rebuttal arguments submitted pursuant to Election Code § 9285 shall be titled either"Rebuttal To Argument In Favor Of Measure " or"Rebuttal to Argument Against Measure " Give this form to Council Members, Proponents, and Opponents of Measures The following statement shall be included on the front cover,or if none,on the heading of the first page of the printed arguments in the Voter Information Guide: "Arguments in support or opposition of the proposed laws are the opinions of the authors." § 9200, 9282, 9283, 9285, 9600 E.C. Statement of Authors of Arguments F -A- 1 AUTHORIZATION FOR ANOTHER PERSON TO SIGN REBUTTAL ARGUMENT The following majority of authors of the Argument XIn Favor of ❑ Against Measure 3 authorize the following person(s)to prepare, submit or sign the Rebuttal to the Argument ❑ In Favor of Against ` Measure 3 for the City of }'IuNTINGTon7'6OC!'�Election to be held on )kAti6t't 8, 20,Q2 . Signatures of a majority of the authors of the Argument XIn Favor of ❑ Against Measure 3 are required: • 7Ark07-2 Name (Print) Date ONOryitt,j-60 `I -00 I -7) .laa Name(Print) Signature Date Name(Print) Signature Date The following authors are authorized to prepare, submit or sign the Rebuttal to the Argument ❑ In Favor of 'Against Measure Na Dote (Print) Signature P.tL- V\VI OK1 Title: /� Date 7('Lr f' 61-6CrED AvunwronI AGI-( City ORNe:Y t(7sd 2 Name (Print) Signature Title: Date Name(Print) Signature Title: Date Name(Print) Signature the Title: Date C Attach this form to the Form of Statement of Authors Form submitted with the Argument 1 " % 1 fn Favor of ❑ Against Measure 3 . o c) n �"` N rr Rebuttal to Argument Against Charter Amendment Measure 3 This amendment makes no changes to the City Attorney's current role.The City Council has always been the Client,with the exclusive right to direct the City Attorney in their representation of the City. While the City Attorney is an elected position in Huntington Beach, it is NOT an independent position.The City Attorney cannot"fight for the City and the taxpayers,"as the opponent of this Measure states, WITHOUT City Council authorization. I authored the legal opinion that defines the authority of the City Council and City Attorney under the Charter.The current City Attorney has warped that opinion. It was NEVER intended to preclude the Council from hiring outside counsel when a conflict of interest arises. Thus,this amendment clarifies and defines only two narrow instances where the City Council may hire counsel outside the City Attorney's purview: 1)when a conflict of interest arises as defined by the California Rules of Professional Conduct for Attorneys; or 2)when a legal matter directly involves the City Attorney or their office. These instances are already defined in State law, but the current City Attorney has taken an aggressive position that contradicts these standard legal interpretations. I strongly support having an elected City Attorney and would reject any amendment that would undermine that office, or constituted a "power grab." Measure_is a good governance measure. I urge you to vote YES on Measure_ The undersigned proponent(s) or author(s)of the Rebuttal to Argument Against Charter Amendment Measure 3 at the General Municipal Election for the City of Huntington Beach to be held on November 8, 2022, hereby states that such argument is true and correct to the best of their knowledge and belief. A( ( Signed: Date: a 5 ; 02-0 o2d-____ Gail Hutton, Elected Huntington Beach City Attorney 1978 02 FORM OF STATEMENT TO BE FILED BY AUTHORS OF ARGUMENTS All arguments concerning measures filed pursuant to Division 9, Chapter 3 (beginning with §9200) of the Elections Code shall be accompanied by the following form statement to be signed by each proponent, and by each author, if different, of the argument: The undersj ned proponent(s)or author(s)of the(primary/rebuttal)argument(in favor of/against)Charter Amendment Measure J at the General Municipal Election for the City of Huntington Beach to be held on November 8, 2022, hereby state that the argument is true and correct to the best of(his/her/their) knowledge and belief. Print Name 1 161e- Title t f" u�✓16+'t& jr (If applicable):Submitted on behalf of : Signatur (name of organization) Date 7/2 Print Name Title (If applicable):Submitted on behalf of: i Signature (name of organization) Date Print Name &P L 4u ii otJ Title(l,ecTED 41�wY►Nt.TotJ' Atr1 Crry 11"at )"( 14178-Zoo 2- (If applicable):Submitted on behalf of: Signature (name of organization) Date '7 /�20 Print Name Title (If applicable):Submitted on behalf of: Signature (name of organization) Date Print Name Title (If applicable):Submitted on behalf of: Signature (name of organization) Date All Authors must print his/her name and sign this form (EC 9600) AND Print his/her name and sign the Argument itself (EC 9283) AND Print his/her name and sign the Rebuttal Argument itself (EC 9285) Further, pursuant to Election Code §9282, printed arguments submitted to the voters shall be titled either "Argument In Favor Of Measure " or"Argument Against Measure " Likewise, printed rebuttal arguments submitted pursuant to Election Code § 9285 shall be titled either"Rebuttal To Argument In Favor Of Measure " or"Rebuttal to Argument Against Measure_" Give this form to Council Members, Proponents, and Opponents of Measures The following statement shall be included on the front cover.or if none,on the heading of the first page of the printed arguments in the Voter Information Guide: "Arguments in support or opposition of the proposed laws are the opinions of the authors." §9200, 9282, 9283, 9285, 9600 E.C. Statement of Authors of Arguments F -A- 1 AUTHORIZATION FOR ANOTHER PERSON TO SIGN REBUTTAL ARGUMENT The following majority of authors of the Argument > 1n Favor of Against Measure 3 authorize the following person(s)to prepare, submit or sign the Rebuttal to the Argument In Favor of )(Against Measure 3 �l for the City of unSTING-'Ton)'6PU4Election to be held on )hnI'F,AtbW( S, 20,22 . Signatures of a majority of the authors of the Argument XIn Favor of Against Measure 3 are required: • NUM XCAC_ 7;/ 717x120-2,7_ Name(Print) Date Name(Print) Signature Date Name(Print) Signature Date The following authors are authorized to prepare, submit or sign the Rebuttal to the Argument In Favor of KAgainst Measure 3 Na a(Print) Signature Title: I' Date 7/ZrizoZZ 6LE -1 tiwurir -Ton) Cir tbje 1 ten -2=1- Name(Print) Signature Title: Date Name (Print) Signature Title: Date Name(Print) Signature Title: Date Attach this form to the Form of Statement of Authors Form submitted with the Argument )(in Favor of Against Measure 3 . AUTHORIZATION FOR ANOTHER PERSON TO SIGN REBUTTAL ARGUMENT The following majority of authors of the Argument (In Favor of Against Measure 3 authorize the following person(s)to prepare, submit or sign the Rebuttal to the Argument In Favor of )(Against Measure 3 for the City of }�1VnsTING-"Ton)' NJ-{Election to be held on Aidattit $, 202 . . Signatures of a majority of the authors of the Argument xln Favor of Against Measure 3 are required: "DAJJ \Ex 'G� __l2p-2Z Name(Print) Date Name(Print) Signature Date Name(Print) Signature Date The following authors are authorized to prepare, submit or sign the Rebuttal to the Argument In Favor of >(Against Measure 3 Na a(Print) Signature Title: Date 7/zr f zo z. 6L.EcTCD �v i7 it TOn) �L}�Gi� CITY AkiroRtvel Name(Print) Signature Title: Date Name(Print) Signature Title: Date Name(Print) Signature Title: Date Attach this form to the Form of Statement of Authors Form submitted with the Argument )(fn Favor of Against Measure 3 . FORM OF STATEMENT TO BE FILED BY AUTHORS OF ARGUMENTS AU arguments concerning measures filed pursuant to Division 9, Chapter 3 (beginning with § 9200) of the Elections Code shall be accompanied by the following form statement to be signed by each proponent, and by each author, if different, of the argument: The undersigned proponent(s)or author(s)of the(primary/rebuttal)argument(in favor of/against)Charter Amendment Measure J at the General Municipal Election for the City of Huntington Beach to be held on November 8, 2022, hereby state that the argument is true and correct to the best of(his/her/their) knowledge and belief. Print Name I m Title to t 1'y ca}NciangrKt3k- (If applicable):Submitted on behalf of: Signatur (name of organization) Date 772 Print Name Title (If applicable):Submitted on behalf of: Signature (name of organization) Date Print Name &P)L NU Tf"0►J Title tracreD l.Loa ING-Tcr1 VAct4 CrrY p178-Zoo 2 (If applicable):Submitted on behalf of : Signature (name of organization) Date Print Name Title (If applicable):Submitted on behalf of: Signature (name of organization) Date Print Name Title (If applicable):Submitted on behalf of: Signature (name of organization) Date All Authors must print his/her name and sign this form (EC 9600) AND Print his/her name and sign the Arqument itself (EC 9283) AND Print his/her name and sign the Rebuttal Argument itself (EC 9285) Further, pursuant to Election Code §9282, printed arguments submitted to the voters shall be titled either "Argument In Favor Of Measure "or"Argument Against Measure_" Likewise, printed rebuttal arguments submitted pursuant to Election Code § 9285 shall be titled either"Rebuttal To Argument In Favor Of Measure_" or"Rebuttal to Argument Against Measure " Give this form to Council Members, Proponents, and Opponents of Measures The following statement shall be included on the front cover,or if none,on the heading of the first page of the printed arguments in the Voter Information Guide: "Arguments in support or opposition of the proposed laws are the opinions of the authors." §9200, 9282, 9283, 9285, 9600 E.C. Statement of Authors of Arguments F -A- 1 Charter Amendment Measure 3 Impartial Analysis by the City Clerk Current Huntington Beach City Charter The current Huntington Beach City Charter assigns powers and duties regarding the City's legal business to both the City Council and City Attorney. Section 304(b) states that the City Council controls all legal business, proceedings and property of the City and may hire other attorneys to manage legal matters and business; Section 309 states that the City Attorney represents and advises the City Council and City officers in all legal matters, in addition to other duties. Proposed Amendments to the Charter The City is proposing Charter Amendment Measure 3 ("Measure 3"), which would amend the Charter by delineating the powers and duties of the City Council and City Attorney as they relate to the City's legal business. The proposed amendments in Measure 3 are below: Add a new Section 310 — New Section 310(a) defines the attorney-client relationship in the City, with the City as the client. As the City's representative, the City Council (client) would direct all litigation and legal matters. The City Attorney (attorney)would, in turn, receive that direction and manage all litigation and legal matters accordingly. New Section 310(a) also permits City Council to hire outside attorneys to manage certain legal matters, but only in specific, limited circumstances: (1) at the request of the City Attorney (2) in the event the City Attorney or their office may have a conflict of interest, or (3) if a legal matter directly involves or relates to the City Attorney, their office or staff. New Section 310(b) also provides detailed instructions for the City Attorney on handling legal records and providing regular status updates on litigation. Existing Section 309(i), which is related to records, is amended to be consistent with new Section 310(b). Other amendments—Measure 3 proposes additional amendments with less substantive changes that allow existing Sections to be consistent with the new Section 310, such as adding the phrase "except as otherwise provided in this Charter"throughout Section 309 (City Attorney Powers and Duties) and deleting the final sentence in Section 304(b) since it is generally restated throughout new Section 310. Lastly, Section 309(k) would be amended to clarify that the City Attorney will provide advice on compliance with the Municipal Code and other applicable laws. Measure 3 was placed on the ballot by the City Council in response to the recommendations of the appointed Charter Revision Committee comprised of seven residents and City representatives. Measure 3 requires simple majority approval of voters to take effect. A "YES" vote will approve the proposed amendments above. A "NO" vote will not approve the proposed amendments. IV z OD N r= IUD py 20—+ r— 7 I declare,under penalty of perjury,that I am employed 0 r-- — bythe Cityof Huntington Beach,in the Office of the x-Un�n nr rn gt ao � � rn City Clerk and that I posted this public notice on the ^n 7K, _ CI ff tII4'posting bulletin board at the Civic 7 '- Center on S at ( ' a.m./p.m,,. ro Date ?"/i 5/2- Signature iftv_A iLtA5 Senior Deputy City Clerk • Argument in Favor of Charter Amendment Measure 3 Every component of our City government owes our residents the duties of accountability,transparency, and integrity. In contrast,the City Attorney's office has interpreted our City's Charter to permit it to act in a manner contrary to state law and norms of professional responsibility for attorneys: the City Attorney's office maintains that it must have oversight of legal matters even when that office has a conflict of interest. Such misinterpretation of the Charter invites abuse,to taxpayers'detriment. It is also completely inconsistent with fundamental principles of sound governance.Significantly,the City Attorney's misinterpretation has already contributed to circumstances that, in our opinion,disadvantaged the City in certain litigation, resulting in a $2,500,000 payout to two former City Attorney office employees and a $1,500,000 legal bill for the City.Our opinion is based on an independent operational review of how the City handled this litigation. Using the same Charter misinterpretation,the City Attorney's Office also tried to thwart this independent review,and even hired another outside firm (at taxpayer's expense)to threaten to sue the City Council.This cannot be what voters intended when they elected their City Attorney. The review(available at https://bit.ly/3RvZHfg)found numerous,serious irregularities and a significant breakdown in the attorney-client relationship between the City Council and the City Attorney's office. It made a number of recommendations including amending the Charter;this Measure is the result.The Citizens Charter Review Committee concurred with this amendment. We urge adoption of the revisions suggested in Measure to make clear the respective roles and responsibilities of the City Attorney and the City Council concerning the City's legal affairs and to clarify that the City Attorney must be recused from acting as counsel or supervising matters where the City Attorney may have a conflict of interest. "The undersigned authors of the Direct Argument in favor of Charter Amendment Measure 3 at the General Municipal Election for the City of Huntington Beach to be held on November 8,2022, hereby state that such argument is true and correct to the best of their knowledge and belief." CSigned: Date: f 51 •2-• Rhonda Bolton,Councilmember Signed: / Date: 74ej2.0z n K n ilmember x m n I declare,under penalty of perjury,that I am employed ��n Cl1 1 by the City of Huntington Beach,in the Office of the 0 r�•Cit CleA.a�nd -v that I posted this public notice on the -C < posting bulletin board at the Civic '^ iv i't1 Center on •• o �i-i/�c.J at CSC 2!J a.m./P� ,'1 Date /5 2 f tn hg Signature ji�`t7t.ot Senior Deputy C. Clerk • • Argument Against Charter Amendment Measure 3 Measure 3: City Attorney Vote NO on this measure to amend the City Charter.This amendment changes the City Attorney role from representing the"City,"to representing the"City Council as Client." This is a dangerous POWER GRAB by the City Council who is looking to REMOVE the INDEPENDENCE FROM the current CITY ATTORNEY position.This would take away the elected City Attorney's ability to fight for the City and the taxpayers,and make him/her beholden to the City Council,a highly political body.The City Council wants the voters to believe,as the not- so-independent analysis suggests,that this measure is harmless and simply"clarifies"the attorney-client relationship. Not true.This measure GIVES the CITY COUNCIL new POWER, i.e.,the authority to bypass the elected City Attorney in order to directly hire outside attorneys at great taxpayer expense.We need to maintain the current,cost-efficient,checks and balances,full transparency and accountability that the independently elected City Attorney gives us. Vote NO on this amendment and retain the independence of the elected City Attorney so that they work for the voters not City Council. "The undersigned author of the Direct Argument against Charter Amendment Measure 3 at the General Municipal Election for the City of Huntington Beach to be held on November 8,2022,hereby states that such argument is true and correct to the best of his knowledge and belief." Signe �f---- ' Date: / l/v1 l 2-O-Z Z Erik Peterson,Councilmember N .Z N JO • A rn CC)• -C — n M m O,‹n CI1 r < co-rim n v •• L7 I declare,under penalty of perjury,that I am employedcif by the City of Huntington Beach,in the Office of the City Clerk and hat I posted this public notice on the 1T1t7`Si posting bulletin board at the Civic Center on �/2 at SZU a.m./pn Date 3-/67 Signature /01k/h..L.(2. C Senior Deputy City Clerk • Rebuttal to Argument in Favor of Charter Amendment Measure 3 Councilmembers Bolton/Kalmick PROVE this is a POWER-GRAB to give City Council MORE POWER to hire outside attorneys-BYPASSING the voters' City Attorney. It's DANGEROUS-it undermines the INDEPENDENCE of the City Attorney that HB has voted for since early-1900s.The City Attorney has successfully fought FOR THE RESIDENTS,won countless major legal victories,and ensured City Council follows ALL LAWS.This Amendment gives MORE POWER to City Council to secretly hire attorneys behind closed-doors, hidden from voters. In 2021,City Council hired lapdog attorney Craig Steele,who is a progressive POLITICAL activist and favorite of Councilmember Kalmick.City Council paid Steele taxpayer money to produce a phony"political hit piece" attacking Mr. Gates.This is what giving City Council,a highly political body of non-lawyers,the POWER to hire their lapdog attorneys produces- political harm and deception designed to dupe the public into believing this proposed Charter Amendment is necessary.The only thing it proves is the DANGER created by hiring attorneys behind closed-doors. Although highly critical of Mr. Gates, Bolton/Kalmick were NOT ON CITY COUNCIL during most of Mr. Gates's legal work.Yet, Bolton/Kalmick make a number of false claims against Mr. Gates, which are not true. I have worked with Mr. Gates for 8 years. All decisions were made BY CITY COUNCIL and Mr. Gates is nothing but a stellar City Attorney. Vote NO. The undersigned proponent(s)or author(s)of the Rebuttal to Argument in favor Charter of Amendment Measure 3 at the General Municipal Election for the City of Huntington Beach to be held on November 8, 2022, hereby states that such argument is true and correct to the best of their knowledge and belief. Signed: Date: Erik Peterson Signed: Date: (type name here exactly as signed) Signed: Date: (type name here exactly as signed) Signed: Date: (type name here exactly as signed) o w Signed: Date: (type name here exactly as signed) <c� r ) x; _.. fn 7n - N I declare,under penalty of perjury,that I am employed by the City of Huntington Beach, in the Office of the City lerk and that I posted this public notice on the /dew posting bulletin board at the Civic Center on dav at 3:eo a.m.ed' Date 9 /aoaa- Signature nior Deputy City Clerk er Rebuttal to Argument Against(harter Amendment Measure_t This amendment makes no changes to the City Attorney's current role- the City Council has always been the Client,with the exclusive right to direct the City Attorney in their representation of the City.While the City Attorney is an elected position in Huntington Beach,it is NO I an independent position, lite City Attorney cannot"fight for the City and the taxpayers,"as the opponent of this Measure states, WITHOUT City Council authorization. I authored the legal opinion that defines the authority of the City Council and City Attorney under the Charter.The current City Attorney has warped that opinion. It was NEVER intended to preclude the Council from hiring outside counsel when a conflict of interest arises. Thus,this amendment clarifies and defines only two narrow instances where the City Council may hire counsel outside the City Attorney's purview: 1)when a conflict of interest arises as defined by the California Rules of Professional Conduct for Attorneys;or 2)when a legal matter directly involves the City Attorney or their office.These instances are already defined in State law,but the current City Attorney has taken an aggressive position that contradicts these standard legal interpretations. I strongly support having an elected City Attorney and would reject any amendment that would undermine that office,or constituted a"power grab."Measure,is a good governance measure. I urge you to vote YES on Measure_ The undersigned proponent(s)or author(s)of the Rebuttal to Argument Against Charter Amendment Measure 3 at the General Municipal Election for the City of Huntington Beach to be held on November 8,2022,hereby states that such argument is true and correct to the best of their knowledge and belief. Signed: u,,- -'e_" y— Date: i.�-1!-,� 0Z.p a2,d.__ Gail Hutton,Elected Huntington Beach City Attorney 1978C 02 r . x N Z L X ic)=+ r— rt"1 I declare,under penalty of perjury,that I am employed W„r-C IV n by the City of Huntington Beach,in the Office of the ' City Clerk and that I posted this public notice on the ��*► x 4 osting bulletin board at the Civi r.ri n Q Center on at e, %50 a.m./ 7 Date ?'.2 r Signature kannIA. Senior Deputy City Clerk Rebuttal to Argument in Favor of Charter Amendment Measure 3 Councilmembers Bolton/Kalmick(NOT licensed attorneys) PROVE this is a POWER-GRAB to give City Council MORE POWER to hire outside attorneys- BYPASSING the voters' City Attorney. It's DANGEROUS -it undermines the INDEPENDENCE of the City Attorney that HB has voted for since early-1900s. The City Attorney has successfully fought FOR THE RESIDENTS, won countless major legal victories, and ensured City Council follows ALL LAWS.This Amendment gives MORE POWER to City Council to secretly hire attorneys behind closed-doors, hidden from voters. In 2021, City Council secretly and ILLEGALLY hired (violation Section 309, City Charter) lapdog attorney Craig Steele, who is a progressive POLITICAL activist and favorite of LONG-TIME FAMILY FRIEND Councilmember Kalmick. City Council secretly paid Steele$50,000 of taxpayer money with no contract to produce a phony "political hit piece" attacking Mr. Gates.This is what giving City Council, a highly political body of non- lawyers,the POWER to hire their lapdog attorneys produces-political harm and deception designed to dupe the public into believing this proposed Charter Amendment is necessary.The only thing it proves is the DANGER created by hiring attorneys behind closed-doors. Although highly critical of Mr.Gates, non- attorneys Bolton/Kalmick were NOT ON CITY COUNCIL during most of Mr. Gates's legal work. Yet, Bolton/Kalmick make a number of false claims against Mr.Gates, which are not true. I have worked with Mr. Gates for 8 years. All decisions were made BY CITY COUNCIL and Mr. Gates is nothing but a stellar City Attorney.Vote NO. The undersigned proponent(s)or author(s)of the Rebuttal to Argument in favor Charter of Amendment Measure 3 at the General Municipal Election for the City of Huntington Beach to be held on November 8, 2022, hereby states that such argument is true and correct to the best of their knowledge and belief. Signed: i�—f Date: G / Erik Peter on Signed: Date: (type name here exactly as signed) Signed: Date: (type name here exactly as signed) Signed: Date: (type name here exactly as signed) c— 33 Signed: Date: x r C f (type name here exactly as signed) -cc; CJ1 rn r7' 3C rn 67 Lrt I declare,under penalty of perjury,that I am employed by the City of Huntington Beach,in the Office of the City Clerk and that I posted this public notice on the 4-' /hosting bulletin board at the Civic Center on at S'. 'J a.m./p>m. Date 77,2.5 Signature XC6-1 '\/t_iv.X, Senior Deputy City Cler Charter Amendment Measure 3 Impartial Analysis by the City Clerk Current Huntington Beach City Charter The current Huntington Beach City Charter assigns powers and duties regarding the City's legal business to both the City Council and City Attorney. Section 304(b) states that the City Council controls all legal business, proceedings and property of the City and may hire other attorneys to manage legal matters and business; Section 309 states that the City Attorney represents and advises the City Council and City officers in all legal matters, in addition to other duties. Proposed Amendments to the Charter The City is proposing Charter Amendment Measure 3 ("Measure 3"), which would amend the Charter by delineating the powers and duties of the City Council and City Attorney as they relate to the City's legal business. The proposed amendments in Measure 3 are below: Add a new Section 310 — New Section 310(a) defines the attorney-client relationship in the City, with the City as the client. As the City's representative, the City Council (client) would direct all litigation and legal matters. The City Attorney (attorney) would, in turn, receive that direction and manage all litigation and legal matters accordingly. New Section 310(a) also permits City Council to hire outside attorneys to manage certain legal matters, but only in specific, limited circumstances: (1) at the request of the City Attorney (2) in the event the City Attorney or their office may have a conflict of interest, or (3) if a legal matter directly involves or relates to the City Attorney, their office or staff. New Section 310(b) also provides detailed instructions for the City Attorney on handling legal records and providing regular status updates on litigation. Existing Section 309(i), which is related to records, is amended to be consistent with new Section 310(b). Other amendments—Measure 3 proposes additional amendments with less substantive changes that allow existing Sections to be consistent with the new Section 310, such as adding the phrase "except as otherwise provided in this Charter" throughout Section 309 (City Attorney Powers and Duties) and deleting the final sentence in Section 304(b) since it is generally restated throughout new Section 310. Lastly, Section 309(k) would be amended to clarify that the City Attorney will provide advice on compliance with the Municipal Code and other applicable laws. Measure 3 was placed on the ballot by the City Council in response to the recommendations of the appointed Charter Revision Committee comprised of seven residents and City representatives. Measure 3 requires simple majority approval of voters to take effect. A "YES" vote will approve the proposed amendments above. A "NO" vote will not approve the proposed amendments. N n r♦1 in-4 ' 7 awn cn rn z o -o fly 'x ♦. a I V Argument in Favor of Charter Amendment Measure 3 Every component of our City government owes our residents the duties of accountability,transparency, and integrity. In contrast,the City Attorney's office has interpreted our City's Charter to permit it to act in a manner contrary to state law and norms of professional responsibility for attorneys: the City Attorney's office maintains that it must have oversight of legal matters even when that office has a conflict of interest. Such misinterpretation of the Charter invites abuse,to taxpayers' detriment. It is also completely inconsistent with fundamental principles of sound governance. Significantly,the City Attorney's misinterpretation has already contributed to circumstances that, in our opinion, disadvantaged the City in certain litigation, resulting in a $2,500,000 payout to two former City Attorney office employees and a $1,500,000 legal bill for the City. Our opinion is based on an independent operational review of how the City handled this litigation. Using the same Charter misinterpretation,the City Attorney's Office also tried to thwart this independent review, and even hired another outside firm (at taxpayer's expense)to threaten to sue the City Council.This cannot be what voters intended when they elected their City Attorney. The review(available at https://bit.ly/3RvZHfg) found numerous, serious irregularities and a significant breakdown in the attorney-client relationship between the City Council and the City Attorney's office. It made a number of recommendations including amending the Charter;this Measure is the result.The Citizens Charter Review Committee concurred with this amendment. We urge adoption of the revisions suggested in Measure_to make clear the respective roles and responsibilities of the City Attorney and the City Council concerning the City's legal affairs and to clarify that the City Attorney must be recused from acting as counsel or supervising matters where the City Attorney may have a conflict of interest. "The undersigned authors of the Direct Argument in favor of Charter Amendment Measure 3 at the General Municipal Election for the City of Huntington Beach to be held on November 8, 2022, hereby state that such argument is true and correct to the best of their knowledge and belief." Signed: C-4v-4AoK_ 0..iq.NiN—' Date: I I51�•c7'1-2 Rhonda Bolton,Councilmember Signed: / Date: 7//r/ '2 L n Kelm' n ilmember ,s, r m z n - .C7 f'n o-'C cn !?1 rn - rn - cn FORM OF STATEMENT TO BE FILED BY AUTHORS OF ARGUMENTS All arguments concerning measures filed pursuant to Division 9, Chapter 3(beginning with§ 9200)of the Elections Code shall be accompanied by the following form statement to be signed by each proponent,and by each author, if different, of the argument. The undersigned proponent(s) or author(s) of the (primary/rebuttal) argument (in favor of/against) Charter Amendment Measure .3 at the General Municipal Election for the City of Huntington Beach to be held on 11/08/2022 hereby state that the argument is true and correct to the best of(his/her/their)knowledge and belief. • taNfizirne k •�tr►M) - I artn+ Title G t TY Ca N C I t_111 CtMrj E tl- Date (If applicable):Submitted on behalf of: 7/1SS /2022" (name of organization) Namp.er 1 Jr�x' 'aye C Title Ci TTy NvalC+.t,i-lUl'r-M0Me_. Date (If applicable):Submitted on behalf of: Date, (name of organization) Print Name Signature Title Date (If applicable):Submitted on behalf of: (name of organization) Print Name Signature Title ^S Date ti (If applicable):Submitted on behalf of: n C 30 (name of organization) 0-1'< —' �7 Print Name Signature o'<n CJf T xOn Title ., 7X' R1 Date tv C7 (If applicable):Submitted on behalf of: (name of organization) All Authors must print his/her name and sign this form(EC 9600), print his/her name and sign the Argument itself(EC 9283), AND print his/her name and sign the Rebuttal Argument itself(EC 9285). Further, pursuant to Election Code§9282, printed arguments submitted to the voters shall be titled either"Argument In Favor Of Measure " or"Argument Against Measure ". Likewise, printed rebuttal arguments submitted pursuant to Election Code§9285 shall be titled either"Rebuttal To Argument In Favor Of Measure_" or"Rebuttal to Argument Against Measure " Give this form to Council Members, Proponents, and Opponents of Measures The following statement shall be included on the front cover,or if none,on the heading of the first page of the printed arguments in the Voter Information Guide:"Arguments in support or opposition of the proposed laws are the opinions of the authors." Argument Against Charter Amendment Measure 3 Measure 3: City Attorney Vote NO on this measure to amend the City Charter.This amendment changes the City Attorney role from representing the "City,"to representing the"City Council as Client." This is a dangerous POWER GRAB by the City Council who is looking to REMOVE the INDEPENDENCE FROM the current CITY ATTORNEY position.This would take away the elected City Attorney's ability to fight for the City and the taxpayers,and make him/her beholden to the City Council,a highly political body.The City Council wants the voters to believe, as the not- so-independent analysis suggests,that this measure is harmless and simply"clarifies"the attorney-client relationship. Not true.This measure GIVES the CITY COUNCIL new POWER, i.e.,the authority to bypass the elected City Attorney in order to directly hire outside attorneys at great taxpayer expense.We need to maintain the current, cost-efficient,checks and balances,full transparency and accountability that the independently elected City Attorney gives us. Vote NO on this amendment and retain the independence of the elected City Attorney so that they work for the voters not City Council. "The undersigned author of the Direct Argument against Charter Amendment Measure 3 at the General Municipal Election for the City of Huntington Beach to be held on November 8,2022, hereby states that such argument is true and correct to the best of his knowledge and belief." Signec _�; _ -- %� T Date: / r� / 2°7-'2- Erik Peterson, Councilmember C N rn cnzom i'�►1 r r Ui FORM OF STATEMENT TO BE FILED BY AUTHORS OF ARGUMENTS , All arguments concerning measures filed pursuant to Division 9, Chapter 3(beginning with§ 9200) of the Elections Code shall be accompanied by the following form statement to be signed by each proponent, and by each author, if different, of the argument. The undersigned proponent(s) or author(s) of the (primary/rebuttal) argument (in favor of/against) Charter Amendment Measure 3 at the General Municipal Election for the City of Huntington Beach to be held on 11/08/2022 hereby state that the argument is true and correct to the best of(his/her/their) knowledge and belief. Print Name Signature , Erik Peterson --- Title Councilmember Date (If applicable):Submitted on behalf of: 7/14/2022 (name of organization) Print Name Signature Title Date (If applicable):Submitted on behalf of: (name of organization) Print Name Signature Title Date (If applicable):Submitted on behalf of: (name of organization) Print Name Signature Title n c__ Date rn rn (If applicable):Submitted on behalf of: r rn (name of organization) otenr- '— Print Name Signature ©z ell y, Title tl1 Date co (If applicable):Submitted on behalf of: Jname of organization) All Authors must print his/her name and skin this form (EC 9600), print his/her name and skin the Argument itself(EC 9283),AND print his/her name and sign the Rebuttal Argument itself(EC 9285). Further, pursuant to Election Code§ 9282, printed arguments submitted to the voters shall be titled either"Argument In Favor Of Measure "or"Argument Against Measure ". Likewise, printed rebuttal arguments submitted pursuant to Election Code§9285 shall be titled either"Rebuttal To Argument In Favor Of Measure_" or"Rebuttal to Argument Against Measure_". Give this form to Council Members, Proponents, and Opponents of Measures The following statement shall be included on the front cover,or if none,on the heading of the first page of the printed arguments in the Voter Information Guide:"Arguments in support or opposition of the proposed laws are the opinions of the authors." Esparza, Patty From: Kalmick, Dan Sent: Wednesday July 27, 2022 4:14 PM To: Esparza, Patty; Estanislau, Robin Cc: Zelinka,Al; Bolton, Rhonda; Hopkins, Travis Subject: Request to have Rebuttal to Arguments in Favor of Measure 3 Stricken Attachments: Request to remove Rebuttal Measure 3 -Appendixvl.pdf; Request to have Rebuttal to Arguments in Favor of Charter Amendment Measure 3 Striken copy.pdf Madam Acting City Clerk, Please find the attached letter as our formal request to have the rebuttal to arguments in favor of Measure removed from the ballot book. I have attached our formal letter requesting that which details supported facts and case law for why it should be removed. I've also attached a detailed appendix with documentation supporting our claims for removal. Please acknowledge receipt of this email and a timeline for response since there are only 8 days left in the review period. Thank you, Dan Kalmick City Councilmember City of Huntington Beach dan.kalmickPsurfcity-hb.org (657) 360-4796 2000 Main Street Huntington Beach, CA 92648 1 l. OAl°F:- ;°roR ••��<2 ' '�� � City of Huntington Beach '• \\ 2000 Main Street ♦ Huntington Beach, CA 92648 (714) 536-5227 • www.huntingtonbeachca.gov 4%9 %ifi zF r u ��F '• ...: \ rA Office of the City Clerk \,; Robin Estanislau, City Clerk July 28, 2022 Councilmembers Kalmick and Bolton Re: Request for Rebuttal to Arguments in Favor of Measure 3 to be Stricken Dear Councilmembers Kalmick and Bolton: This is a formal reply to your letter received July 27, 2022 requesting to have the Rebuttal to Arguments in Favor of Charter Amendment Measure 3 completely removed from the Voter Information Guide for the November 8, 2022 General Municipal Election. After reviewing your request, and consulting with industry professionals, I respectfully decline to pursue filing a writ of mandate or injunction on the Rebuttal to Arguments in Favor of Charter Amendment Measure 3. Pursuant to Elections Code Section 9295(b)(1), any voter of the jurisdiction in which the election is being held, or the elections official, may seek a writ of mandate or an injunction requiring any or all of the materials to be amended or deleted. As you are aware, this writ of mandate or injunction request must be filed no later than the end of the 10-calendar-day public examination period, Thursday, August 4, 2022 at 5:00 PM. Sincerely, Robin Est nislau, MC City Clerk c: City Council City Manager, Al Zelinka Assistant City Manager, Travis Hopkins Sister City: Anjo, Japan SUPERIOR COURT OF CALIFORNIA,COUNTY OF ORANGE West Justice Center 8141 13th Street Westminster,CA 92683 SHORT TITLE:Briscoe vs.Robin Estanislau CLERK'S CERTIFICATE OF MAILING/ELECTRONIC CASE NUMBER: SERVICE 30-2022-01273424-CU-WM-CJC I certify that I am not a party to this cause.I certify that the following document(s),dated,have been transmitted electronically by Orange County Superior Court at Santa Ana,CA.The transmission originated from Orange County Superior Court email address on September 2,2022,at 7:54:23 AM PDT.The electronically transmitted document(s)is in accordance with rule 2.251 of the California Rules of Court,addressed as shown above.The list of electronically served recipients are listed below: ARTURO FIERRO BROWER LAW GROUP,APC AFIERRO@LEAL-LAW.COM LEE@BROWERLAWGROUP.COM REBECCA LEEDS THE LAW OFFICES OF BRETT MURDOCK REBECCA.LEEDS@COCO.00GOV.COM BRETT@MURDOCKLAW.COM Clerk of the Court, by: Deputy CLERK'S CERTIFICATE OF MAILING/ELECTRONIC SERVICE V3 1013a(June 2004) Code of Civ.Procedure,§CCP1013(a) SUPERIOR COURT OF CALIFORNIA, COUNTY OF ORANGE WEST JUSTICE CENTER MINUTE ORDER DATE: 09/01/2022 TIME: 03:00:00 PM DEPT: W02 JUDICIAL OFFICER PRESIDING: Nathan Scott CLERK: J. Castorena REPORTER/ERM: BAILIFF/COURT ATTENDANT: D. Acosta CASE NO: 30-2022-01273424-CU-WM•CJC CASE INIT.DATE: 08/03/2022 CASE TITLE: Briscoe vs. Robin Estanislau CASE CATEGORY: Civil - Unlimited CASE TYPE: Writ of Mandate EVENT ID/DOCUMENT ID: 73832357 EVENT TYPE: Petition for Writ APPEARANCES Lee Fink&Jafer Jaffery, from Brower Law Group, APC, present for Petitioner(s). Brett Murdock, from The Law Offices of Brett Murdock, present for Petitioner(s). Arturo N. Fierro from Leal Trejo, present for Real Party in Interest. Rebecca Leeds Senior Deputy County Counsel, present for Respondent. The Court recites an oral tentative ruling. The Court hears oral argument. 03:27 PM Court takes a brief recess. 03:35 PM Court is back in session. The Court is prepared to rule. It presents two proposed judgments, Option A and Option B. The Court hears further from counsel. The Court having fully considered the arguments of all parties, both written and oral, as well as the evidence presented, now rules as follows: The Petition for Writ of Mandate filed by John Briscoe is granted in part. The Court adopts Option B, which is attached hereto and incorporated herein by reference. The Clerk shall give notice. IT IS SO ORDERED: Hon. Nathan Scott Judge of the Superior Court DATE: 09/01/2022 MINUTE ORDER Page 1 DEPT: W02 Calendar No. Rebuttal to Argument in Favor of Charter Amendment Measure 3 . Councilmembers Bolton/I(almick(1111111111.1.11.1111ine.PROVE this Is a porNER7qRAB.to give City Council MORE POWER to hire outside attorneys-BYPASSING the voters'City AttOrney. It's DANGEROUS -It undermines the INDEPENDENCEof the City Attorney that HB hasvoted for since early-1:00s.The City Attorney has successfully fought FOR THE RESIDENTS,Won countless major legal victories,and ensured City Council follows ALL LAWS.This Amendment gives MORE POWER to Citycouncil tQ secretly hire attorneys behind doeci,d003%.hidden from voters.In 2021,City Council . hired fa4111111111111.11.111111111111111111111T1 laptiog•attOrney Craig Steele,who isa progressive POLITICAL actiVist.and favorite of11100111rnomiliml.1111111111 COuncilniertber Kalrnick. City CoUnCilftiolliip,pa id Steele liftissi taxpayer money phony "political hit pike"attacking Mr Gates This is what giving City Council,a highlypolitiealbodybf.non- laWyers,the POWER to hire their lands:*attorneys produces-political herrn and deeePtiOri designed to dupe the pLibliC into.belieVing this proposed Charter Arnendrherit.ls.rieCesSary.The only thing it'prcives is the DANGER Created by hiring attorneys behind closed-door . Although highly critical of ivir..Gatetaigo sum"Bolton/1011'616k were NOT ON CITY COUNCIL during most of Mr.Gates's legal work.Yet, Bolten/KatmiCk make.a number of false claims against Mr.Gates,which are not true. ' have worked with Mr.Gates for 8 years. All decisions were made BY CITY COUNCIL and Mr.Gates is nothing but a stellar 'City Attorney:Vote N . The undersigned prOponerit(s)or author(S)of the Rebtittal to Argument in favor Charter of Amendment Measure 3 at the General Municipal Election for the City of Huntington Beech to-be held on NOVernber 8,2022,hereby Statesthat Such argument is true and correct tb the best of their kneWledge.and belief. C./Signed: • Date: • Erlic.Pete, Signed: Date: (type flaring here exactlyes.signed) Signed: Date: (type name here exactly as signed) Signed: Date: (type name here exactly as signed) E • z Signed: ' Date: zci;:i• 1-7 .r•N' . hj. (type name here eXactly as signed) Ui - .zo --a. :14 Pt' tit 0 Pin*Ai : s+r, noili no" ci 14-orne y • , t C‘V t 1101+0,1