Letter: S. Tahoe impeding rights of citizens
To the community:
In the Nov. 27 edition of the Lake Tahoe News, it was reported that South Lake Tahoe’s City Attorney Tom Watson has “rejected” a vote initiative presented to him to provide a title and summary of the initiative, as provided by law.
Steve Kubby
I believe this is an outrageous and illegal effort by the city attorney to suppress the democratic process. The city attorney does not have the legal option of “rejecting” a voter initiative by the people. His objections can only be raised in a court challenge, after the initiative passes. Instead he has refused to perform his lawful duty, a direct and serious violation of the California Election Code which states: “Section 9203 (a) Any person who is interested in any proposed measure shall file a copy of the proposed measure with the elections official with a request that a ballot title and summary be prepared. This request shall be accompanied by the address of the person proposing the measure. The elections official shall immediately transmit a copy of the proposed measure to the city attorney. Within 15 days after the proposed measure is filed, the city attorney shall provide and return to the city elections official a ballot title for and summary of the proposed measure. The ballot title may differ from any other title of the proposed measure and shall express in 500 words or less the purpose of the proposed measure. In providing the ballot title, the city attorney shall give a true and impartial statement of the purpose of the proposed measure in such language that the ballot title shall neither be an argument, nor be likely to create prejudice, for or against the proposed measure.”
Violations of the state Election Code are a serious matter and I plan to file a criminal complaint with the secretary of state unless it is immediately corrected and a title and summary is issued to the paid parking foes.
Steve Kubby, South Lake Tahoe
I agree, the City Attorney is Trying to circumvent the Democratic Process! He should be punished to the full extent of the law.
Go get ’em Steve. The City and its continuing high tax, hillbilly, devious, arrogant governance should have been halted years ago.
City Attorneys don’t get to decide what gets on the ballot and what doesn’t. It sounds like he is using the power of his office to deny your first amendment right to petition your government, under color of law. Petty government officials find it easy to promote their own agenda and tread on citizens’ rights. But the decision to engage Steve Kubby, with Steve’s long history of fighting for citizen’s rights, is questionable. Doesn’t the City Attorney not know who Steve Kubby is? Does the City Attorney not see all the shame and humiliation in his future when Kubby inevitably wins? Great way to waste taxpayer money, SLT. Can’t wait to see you go down in a blaze of defeat.
Grand Jury is on the case.
Steve, I agree and am in total support of your efforts!!
I don’t have any affiliation with the paid parking foes, nor do I speak for them. However, my friends and I have submitted a medical marijuana initiative and our Title and Summary is due no later than the end of TODAY, Friday, Nov. 29th. Thus, our two groups are both watching to see if the city clerk and city attorney will obey the law and issue our Title and Summary before the end of today’s legal deadline.
Steve : Your situation is very common in the practice of law. Most attorneys tend to assume that lay persons are stupid and can be intimidated to follow their instructions. I’ve experienced this kind of behavior whenever I’ve told an attorney what I wanted done. The consequences of the attorney’s actions usually end up with the attorney persuading the lay person to back down. The lay person often thinks the attorney knows more about law, and allows the attorney to have his way. As we know here, this is not the case. You have no intention of backing down and allowing this attorney to violate your rights. You will soon have the support of many in the community. Keep us informed of the situation.
It’s no longer about paid parking it’s about WE THE PEOPLE. With this staff and council we the people should just get out of their way. NOT!!!