Notes from LA

An appeals court has upheld Measure R, the City Council term limit extension, ruling that the “single subject rule does not apply to a city council sponsored ballot measure.” David Hernandez plans to appeal to the California Supreme Court.

New York’s city council is getting in on the term limits act, and voters might not even get a say in the matter.

* Update: Mayor Bloomberg wants another term too, but his mismanagement abilities rival Mayor Villaraigosa’s. NYC faces a monster FY’2010 deficit and Bloomberg is not ruling out new taxes.

Ron Kaye posts an excellent postmortem on the legal challenge to Measure R argued today in court. He isn’t optimistic:

The heart of the legal argument is whether the state Constitution’s ban on multiple subject state initiatives and legislative measures applies to a charter city like L.A. And if it does, whether there is any logic that brings together as a single subject a ban on lobbyist contributions and giving council members three, instead of two, terms.

I wish I could say that the judges were as ready to embrace applying the Constitution’s single subject requirement to L.A. as they appeared to be willing to find false the claims that lobbyists and term limits had some legitimate connection.

It’s always risky to try to read the minds of judges but my money is on them holding their noses and ruling that laws against public corruption and corruption of the political process don’t apply to L.A.

P.S. Still no update from David.
Previously: Measure R returns to court

While Councilmembers Eric Garcetti, Wendy Greuel, et al indulge in bacchanalian self-adulation in Denver, Measure R heads back to court today. Had Measure R been subject to truth-in-advertising rules it would never have survived to this point, but the question before the court today is whether or not a state constitutional ban on bundling multiple issues (in this case, ethics reform and term limits) into a single ballot measure also applies to LA City.

Challengers David Hernandez and Ted Hayes battle a defense team comprised of attorneys from Rocky Delgadillo’s office, the League of Women Voters and the Los Angeles Area Chamber of Commerce. David remains confident:

In a year charged with political intrigue, the defeat of Prop R on “unconstitutional grounds”, will set the stage for a major political frenzy leading up to the March 2009 city elections. The immediate consequence will be six open city council seats with no incumbent eliminating the usual advantages enjoyed by incumbent office holders.

If the court strikes the measure down, all odd-numbered City Council seats will be in play for 2009 (though Jack Weiss is running for City Attorney anyway). Regardless the outcome, Councilmember Richard Alarcón has already cashed his check; Measure R allowed him to run for a third term in 2007.

Alarcón was termed out of the Senate and had failed in a bid to become Mayor in 2005. So, with approval of Measure R in November 2006, he announced his candidacy for City Council—just days after being elected to serve in the state Assembly:

I believe the voters approved Measure R because they want greater experience, which is what I have to offer.

Upon his return to City Council, Alarcón immediately set out to downgrade one block of one street in Panorama City in order to maximize the redevelopment plans of a property owned by his fiancé. He also lobbied Councilmember Greuel to redraw her district’s boundaries such to allow him to live at his fiancé’s other property in Sun Valley. Indeed, not matters best left to the inexperienced.