Quantcast
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

This campaign to oust Filner has been going on long before the sex scandal emerged. The GOP was desperate to oust Filner from the minute he took office. Filner was the biggest obstacle to removing historic protections on Balboa Park. He was also the obstacle standing in the way of CCDC and their developer friends stealing the one billion dollars they had quietly socked away investing in real estate. Money that was frozen by the Department of Finance and only recently unfrozen. Money that is supposed to be transferred to the general fund for services that we desperately need, but that developers will quietly hoard for themselves if they can get Filner out.

So you can see, this was an emergency of epic proportions. How do you oust a sitting mayor after he has only been in office a few months?

First you have to address recall rules that would make recall difficult. Goldsmith and his developer team were scrambling to find ways they could change our recall rules in order to make the process to recall Filner much easier way back in early May. Yes, long before any sex scandal, before Sunroad, there was a serious effort to strategize how they could boot Filner with a recall.

VOSD, which receives large financial support from PDP frontman Irwin Jacobs, did an article on May 06, 2013 to discuss the issue of a Filner recall and legal obstacles.

According to them the problem is that the recall effort is a two-stage process: First, voting on whether the politician should be recalled. Then who should replace the politician.

The city’s Municipal Code has an interesting law in Chapter 2, Article 7, Section 27.2726 of the law, states, under the heading “Validity of Votes Cast,” “No vote cast for a candidate shall be counted unless the voter also voted on the recall question.”

Thus you would not be able to vote FOR a new candidate if you voted against recall. Thus, those people supporting Filner would have no right to cast a vote for a new mayor if Filner was in fact recalled. That detail would obviously give a great advantage to a GOP mayoral candidate.

A federal court struck down a similar statewide rule because it violated the right of citizens to vote. The was case, Partnoy v. Shelley and claimed the provision was unconstitutional because it was “a severe restriction on their Constitutional right to vote.”

Thus the San Diego law would likely also be challenged in court and would hinder quick efforts to recall Filner.

Obviously Goldsmith wants Filner out ASAP so developers can begin their work

A legal expert told VOSD:

"In this case, there’s an incentive for the council to act now: The city would be on the hook for the petitioner’s legal fees if it lost a challenge to the constitutionality of its laws.

Sutton said someone could challenge the provision even without a recall.

Jonathan Heller, communications director for City Attorney Jan Goldsmith, wouldn’t comment directly on the Partnoy decision and its possible impact on the city’s Municipal Code. He said the city attorney is in the process of reviewing the city charter and municipal code for possible amendments.

The city clerk’s office and the city attorney’s office are examining and updating the Municipal Code’s election guidelines for “internal consistency.” The city’s recall process is among the sections being reviewed, but there’s been no word on possible changes."

The Recall Timeframe

Additionally, interesting to note: The Mayor, by statute, can't be recalled before 6 months has passed in his/her term. Six months would equate to June 3, 2013.

So it's very interesting that Goldsmith was planning for a "June" recall before any scandal emerged.

Interesting that Donna Frye began threatening him with recall immediately after the deadline of 6 months.

It was a few weeks later they got news of the advantageous controversy about the June 21-26 Paris trip. And they held their press conference July 10th shortly after to demand resignation.

The Voice of San Diego published two articles on the City's recall process April 22 and May 6, which seems a bit odd and presumptuous on their part by author Zachary Warma the VOSD's "Events and Community Manager". Warma worked on Filner's mayoral primary campaign, and would have known Donna and others from that.

So there you have it. Why was Goldsmith so concerned about legal obstacles to recall back in early May? Obviously, getting Filner to step down would be far easier for the power-brokers waiting in the wings. So perhaps they had to cook up a scandal that would be so repulsive Republicans and Democrats alike would demand he resign rather than wait for a recall....perhaps a sex scandal.

Why did this call for resignation and recall come at exactly the minimum deadline to conduct a recall?

Why was VOSD so interested in publishing stories about recall a few months after a major election?

http://voiceofsandiego.org/2013/05/06/citys-recall-provision-likely-unconstitutional/

Comments
6

I'm guessing Todd Gloria was clued in early. He has taken such a hard right turn since his ( unopposed) reelection. Have to make the business community think you are someone that can be dealt with most of the time, and endless dwelling on the failed Jacobs plan to pay back the donations that you really didn't even have to ask for. Just wondering if the Republican private eye operatives found something on Donna instead of Filner. Sounds crazy, but it's almost like she is being blackmailed or something.

July 29, 2013

Donna definitely isn't being completely transparent in this whole thing. Makes you wonder why she really left the mayor's administration.

Aug. 2, 2013

I read that muni code sentence regarding voting ON a recall measure then voting for a replacement as stating that the voter had to have voted ON the recall ballot measure but see nothing there to limit the second vote only to those who vote yes on the first.

July 30, 2013

This campaign to oust Filner, this conspiracy, includes Donna Frye, the FBI (investigating his extortion of businesses) and the IRS (finding there is no non-profit, as Filner claimed, that funded his trip to Paris). I take my hat off to the organizers.

July 30, 2013

Oh, no question! GOP and de mayonaisse supporters have been after him since Day One.

July 31, 2013

Sign in to comment

Sign in

Art Reviews — W.S. Di Piero's eye on exhibits Ask a Hipster — Advice you didn't know you needed Best Buys — San Diego shopping Big Screen — Movie commentary Blurt — Music's inside track Booze News — San Diego spirits City Lights — News and politics Classical Music — Immortal beauty Classifieds — Free and easy Cover Stories — Front-page features Excerpts — Literary and spiritual excerpts Famous Former Neighbors — Next-door celebs Feast! — Food & drink reviews Feature Stories — Local news & stories From the Archives — Spotlight on the past Golden Dreams — Talk of the town Here's the Deal — Chad Deal's watering holes Just Announced — The scoop on shows Letters — Our inbox [email protected] — Local movie buffs share favorites Movie Reviews — Our critics' picks and pans Musician Interviews — Up close with local artists Neighborhood News from Stringers — Hyperlocal news News Ticker — News & politics Obermeyer — San Diego politics illustrated Of Note — Concert picks Out & About — What's Happening Overheard in San Diego — Eavesdropping illustrated Poetry — The old and the new Pour Over — Grab a cup Reader Travel — Travel section built by travelers Reading — The hunt for intellectuals Roam-O-Rama — SoCal's best hiking/biking trails San Diego Beer News — Inside San Diego suds SD on the QT — Almost factual news Set 'em Up Joe — Bartenders' drink recipes Sheep and Goats — Places of worship Special Issues — The best of Sports — Athletics without gush Street Style — San Diego streets have style Suit Up — Fashion tips for dudes Theater Reviews — Local productions Theater antireviews — Narrow your search Tin Fork — Silver spoon alternative Under the Radar — Matt Potter's undercover work Unforgettable — Long-ago San Diego Unreal Estate — San Diego's priciest pads Waterfront — All things ocean Your Week — Daily event picks
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
Close