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Jan Goldsmith ignores legal precedent in Barrio Logan fight

Attorneys for the city to appear in court tomorrow alongside shipbuilders

Jan Goldsmith
Jan Goldsmith

Tomorrow morning, November 26, attorneys representing shipbuilders will sit side-by-side with attorneys from the City of San Diego with the goal of defeating a motion to delay the validation of a referendum that challenges the community plan update for Barrio Logan.

The restraining order and lawsuit, filed by lawyers representing the Environmental Health Coalition, is meant to buy the time needed to ensure that residents who signed the petition were not misled by statements that the Navy would leave San Diego if the community plan update was not overturned.

One interesting aspect of the case, however, is that the city's own attorneys will be sitting alongside lawyers for the shipbuilders who are fighting to overturn the city council's land-use decisions instead of supporting the council's decision and placing a hold on the referendum until the merits are validated.

It wouldn't be the first time San Diego's city attorney has had to ensure the accuracy of a petition drive before placing a referendum on the ballot.

In January of 1997, then-city attorney Casey Gwinn released a memo on the need of the city and its attorneys to ensure the "integrity of the referendum process." The memo at the time focused on an effort to overturn public financing for more than $60 million in improvements to then-Jack Murphy Stadium in exchange for guarantees from the Chargers that they would extend their lease.

"A referendary petition must accurately and fully advise the prospective signer of the nature and substance of the act to be referended, the purpose of this requirement being "to reduce confusion as to the contents of referendum petitions and to promote the full enlightenment of prospective signers of the substantive provisions of a challenged ordinance," reads the 1997 memo.

In his memo, Gwinn stated the importance of making sure residents, as well as any special-interest groups, have access to the ballot by way of referendum in order to overturn or amend legislative decisions.

"We recognize that our advice herein may result in the issuance of a notice of insufficiency as to this referendary effort, despite the fact that over 50,000 signatures appear on the petitions."

But Gwinn's memo is not the only precedent Goldsmith could use. In 1983, a Superior Court Judge (Board of Supervisors v. Superior Court, 147 Cal. App. 3d 206 -1983) ruled that signatures on a referendum should be invalidated after claims were made that parties were misled.

Yet despite the ruling and the presence of legal precedent as shown in Gwinn's memo, Goldsmith appears to be willing to fight in favor of the referendum.

Attorneys for the city will appear in court room 69 at 9:00 a.m.

The City Attorney's Office did not respond to questions about the 1997 memo or to questions regarding the accuracy of the referendum.

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Jan Goldsmith
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Tomorrow morning, November 26, attorneys representing shipbuilders will sit side-by-side with attorneys from the City of San Diego with the goal of defeating a motion to delay the validation of a referendum that challenges the community plan update for Barrio Logan.

The restraining order and lawsuit, filed by lawyers representing the Environmental Health Coalition, is meant to buy the time needed to ensure that residents who signed the petition were not misled by statements that the Navy would leave San Diego if the community plan update was not overturned.

One interesting aspect of the case, however, is that the city's own attorneys will be sitting alongside lawyers for the shipbuilders who are fighting to overturn the city council's land-use decisions instead of supporting the council's decision and placing a hold on the referendum until the merits are validated.

It wouldn't be the first time San Diego's city attorney has had to ensure the accuracy of a petition drive before placing a referendum on the ballot.

In January of 1997, then-city attorney Casey Gwinn released a memo on the need of the city and its attorneys to ensure the "integrity of the referendum process." The memo at the time focused on an effort to overturn public financing for more than $60 million in improvements to then-Jack Murphy Stadium in exchange for guarantees from the Chargers that they would extend their lease.

"A referendary petition must accurately and fully advise the prospective signer of the nature and substance of the act to be referended, the purpose of this requirement being "to reduce confusion as to the contents of referendum petitions and to promote the full enlightenment of prospective signers of the substantive provisions of a challenged ordinance," reads the 1997 memo.

In his memo, Gwinn stated the importance of making sure residents, as well as any special-interest groups, have access to the ballot by way of referendum in order to overturn or amend legislative decisions.

"We recognize that our advice herein may result in the issuance of a notice of insufficiency as to this referendary effort, despite the fact that over 50,000 signatures appear on the petitions."

But Gwinn's memo is not the only precedent Goldsmith could use. In 1983, a Superior Court Judge (Board of Supervisors v. Superior Court, 147 Cal. App. 3d 206 -1983) ruled that signatures on a referendum should be invalidated after claims were made that parties were misled.

Yet despite the ruling and the presence of legal precedent as shown in Gwinn's memo, Goldsmith appears to be willing to fight in favor of the referendum.

Attorneys for the city will appear in court room 69 at 9:00 a.m.

The City Attorney's Office did not respond to questions about the 1997 memo or to questions regarding the accuracy of the referendum.

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Comments
3

The heavy-hitter opponents of the newly-revised people-friendly Barrio Logan Community Plan were paying presentable well-spoken signature gatherers at the central La Jolla Von's grocery store a week ago to tout their measure with the canard: "Would you like to sign an initiative to save tens of thousands of jobs in San Diego?"

You'd think City Attorney Jan Goldsmith would be opposed to such false tactics, but he's the same guy who earlier this year prosecuted a case -- and lost -- against a free-speech-exercising sidewalk chalker. A bad toupee is the least bad thing about Jan Goldsmith.

Nov. 26, 2013

To be more accurate, the case was prosecuted by deputy city attorney Paige Hazard, who no longer works in the City Attorney's office. Goldsmith recently told the U-T that he was not informed about the "chalker" case ahead of time. I think he told the truth about being out of the loop.

Nov. 26, 2013

DBat, That may be the case. I did contact his office one month before any article was written. I also asked the Mayor one months before as well. Must have been a pretty major communication breakdown for him not to know. Of course, stranger things have happened, especially here!-dH

p.s. Thanks again for sending that story to me.

Nov. 26, 2013

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4S Ranch Allied Gardens Alpine Baja Balboa Park Bankers Hill Barrio Logan Bay Ho Bay Park Black Mountain Ranch Blossom Valley Bonita Bonsall Borrego Springs Boulevard Campo Cardiff-by-the-Sea Carlsbad Carmel Mountain Carmel Valley Chollas View Chula Vista City College City Heights Clairemont College Area Coronado CSU San Marcos Cuyamaca College Del Cerro Del Mar Descanso Downtown San Diego Eastlake East Village El Cajon Emerald Hills Encanto Encinitas Escondido Fallbrook Fletcher Hills Golden Hill Grant Hill Grantville Grossmont College Guatay Harbor Island Hillcrest Imperial Beach Imperial Valley Jacumba Jamacha-Lomita Jamul Julian Kearny Mesa Kensington La Jolla Lakeside La Mesa Lemon Grove Leucadia Liberty Station Lincoln Acres Lincoln Park Linda Vista Little Italy Logan Heights Mesa College Midway District MiraCosta College Miramar Miramar College Mira Mesa Mission Beach Mission Hills Mission Valley Mountain View Mount Hope Mount Laguna National City Nestor Normal Heights North Park Oak Park Ocean Beach Oceanside Old Town Otay Mesa Pacific Beach Pala Palomar College Palomar Mountain Paradise Hills Pauma Valley Pine Valley Point Loma Point Loma Nazarene Potrero Poway Rainbow Ramona Rancho Bernardo Rancho Penasquitos Rancho San Diego Rancho Santa Fe Rolando San Carlos San Marcos San Onofre Santa Ysabel Santee San Ysidro Scripps Ranch SDSU Serra Mesa Shelltown Shelter Island Sherman Heights Skyline Solana Beach Sorrento Valley Southcrest South Park Southwestern College Spring Valley Stockton Talmadge Temecula Tierrasanta Tijuana UCSD University City University Heights USD Valencia Park Valley Center Vista Warner Springs
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