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HomeMy WebLinkAbout2022-04-26 - AGENDA REPORTS - RECALL DIST ATTORNEY GEORGE GASCONAgenda Item: 12 1. CITY OF SANTA CLARITA AGENDA REPORT NEW BUSINESS CITY MANAGER APPROVAL: 1 DATE: April 26, 2022 SUBJECT: RESOLUTION TO SUPPORT THE RECALL OF LOS ANGELES COUNTY DISTRICT ATTORNEY GEORGE GASCON DEPARTMENT: City Manager's Office PRESENTER: Laurene Weste RECOMMENDED ACTION City Council to discuss and consider adopting a resolution to support the recall of Los Angeles County District Attorney George Gascon. BACKGROUND At the March 22, 2022, regular City Council meeting, the City Council requested an item to consider adopting a resolution to support the recall of Los Angeles County District Attorney George Gascon at a future regular City Council meeting. Following his swearing -in on December 7, 2020, District Attorney Gascon issued nine Special Directives, effective December 8, 2020, and two subsequent amendments, outlining new policies and procedures for the Los Angeles County District Attorney's Office. On March 9, 2021, the City Council became the first local government to adopt a resolution of a vote of no confidence in District Attorney Gascon, citing significant concerns and opposition to some of the Special Directives unilaterally adopted in December 2020, including Special Directives 20-06, 20-07, and 20-08. The following outlines Special Directives 20-06, 20-07, and 20-08: Special Directive 20-06: Pretrial Release Policy (Elimination of Cash Bail) • Among other things, Deputy District Attorneys (DDAs) shall not request cash bail for any misdemeanor, non -serious felony, or non-violent felony offense. • DDAs shall not object to the release of anyone currently incarcerated in Los Angeles County on cash bail who would be eligible for release under this Special Directive. Page 1 Packet Pg. 85 Special Directive 20-07: Misdemeanor Case Management • The following misdemeanor charges shall be declined or dismissed before arraignment and without conditions unless "exceptions" or "factors for consideration" exist: o Trespassing, Disturbing the Peace, Driving without a Valid License, Driving on a Suspended License, Criminal Threats, Drug and Paraphernalia Possession, Minor in Possession of Alcohol, Drinking in Public, Under the Influence of Controlled Substance, Public Intoxication, Loitering, Loitering to Commit Prostitution, and Resisting Arrest • Exceptions and factors for consideration include repeat offenders in the preceding 24 months, however, some misdemeanors listed do not have exceptions or factors of consideration identified. Special Directive 20-08: Sentencing Enhancements/Allegations • The following sentence enhancements or sentencing allegations shall not be filed in any cases and shall be withdrawn in pending matters: • Any prior -strike enhancements, including the Three Strikes Law; STEP Act enhancements (also known as "gang enhancements"); violations of bail; firearm allegations; and Special Circumstances, including Special Circumstances - including lying in wait and murder committed in the attempt to kidnap. • Amendments 20-08.1 and 20-08.2 were issued on December 15, 2020, and December 18, 2020, to make further clarification of Special Directive 20-08, including: ■ DDAs may pursue the following allegations, enhancements, and alternative sentencing schemes: Hate Crime, Elder and Dependent Adult Abuse, Child Physical Abuse, Child and Adult Sexual Abuse, Human Sex Trafficking, and Financial crime. Organizers of the recall effort have until July 6, 2022, to submit 566,857 signatures or 10 percent of the number of registered voters in Los Angeles County to place the recall on the November 8, 2022, ballot. On March 31, 2022, organizers of the recall effort announced they had collected more than 200,000 signatures. On February 22, 2022, 97.9 percent of members of the Association of Deputy District Attorneys for Los Angeles County (ADDA), which is a collective bargaining agent and represents over 800 Deputy District Attorneys, voted to support the recall of District Attorney Gascon. Additionally, on March 23, 2022, the Santa Clarita Valley Chamber of Commerce voted to support the recall effort. Since the City Council's actions in March 2021, over 30 other cities have also adopted a vote of Page 2 Packet Pg. 86 no confidence in District Attorney Gascon, resulting in over one-third of all cities in Los Angeles County adopting a vote of no confidence in District Attorney Gascon. Cities that have joined the City of Santa Clarita in adopting a vote of no confidence in District Attorney Gascon include Arcadia, Artesia, Azusa, Beverly Hills, Cerritos, Covina, Diamond Bar, Downey, Hidden Hills, La Canada Flintridge, La Habra Heights, La Mirada, La Verne, Lakewood, Lancaster, Manhattan Beach, Monrovia, Norwalk, Palmdale, Palos Verdes Estates, Pico Rivera, Rancho Palos Verdes, Redondo Beach, Rosemead, San Dimas, San Gabriel, Santa Fe Springs, South Gate, Temple City, Torrance, Walnut, West Covina, and Whittier. Furthermore, on May 11, 2021, the City Council authorized a five -signature letter to the Los Angeles County Board of Supervisors, requesting support in urging the District Attorney's Office to file sentence enhancements in the local murder of Michelle Dorsey. Ms. Dorsey was a resident of Santa Clarita and the victim of domestic violence who was ultimately murdered at the hands of her estranged husband with her children in the home. Following this devastating crime, the District Attorney's Office filed five counts against the accused murderer, but did not file any sentencing enhancements. By failing to file any sentencing enhancements, Mr. James Mathew Dorsey evaded a life sentence without the possibility of parole and instead will be eligible for parole in 19 years. If sentence enhancements were applied, consistent with state law and findings related to the murder of Ms. Dorsey, including Special Circumstances of lying in wait and murder committed in the attempt to kidnap, the potential maximum sentence for the accused murderer would have been a life sentence without the possibility of parole. Moreover, the directives issued by District Attorney Gascon have resulted in a significant increase in repeat offenders, predominantly due to the historically high level of cases declined by the District Attorney's Office. In 2021, the District Attorney's Office declined to prosecute approximately 62 percent of all cases reported by the Santa Clarita Valley Sheriff s Station. This is an estimated 35 percent increase in the rate of declined cases in comparison to the previous two district attorneys, Steve Cooley and Jackie Lacey. Subsequently, repeat offenders represent approximately one-third of all arrests made in the City. Furthermore, Part I crimes within the jurisdiction of the Santa Clarita Valley Sheriff s Station have increased by approximately 25 percent in the last year. Part I crimes that have increased within the past year include aggravated assault, burglary, grand theft auto, and arson. The aforementioned Special Directives issued by District Attorney Gascon have exacerbated serial crimes, as many individuals are not prosecuted for the crimes they have committed and never receive any rehabilitation. These special directives exclusively aim to reduce the number of incarcerated individuals, with no regard for adequate social and rehabilitative infrastructure, including development and implementation of educational programs, vocational trainings, counseling, and supervision. As a result, District Attorney Gascon's administration has perpetuated an environment that lacks adequate, if any, consequences for those committing crimes. The District Attorney's Office has a legal and ethical responsibility to execute laws enacted by Page 3 Packet Pg. 87 voters and the legislature that are intended to protect the public and uphold prosecutorial policies. However, the Special Directives unilaterally issued by District Attorney Gascon undermine the legislative and ballot process and risk safety of the general public. A resolution is attached, should the City Council choose to consider. ALTERNATIVE ACTION Other direction, as provided by the City Council. FISCAL IMPACT There is no fiscal impact from consideration of the attached Resolution. ATTACHMENTS DA Gascon - Resolution to Support the Recall Page 4 Packet Pg. 88 12.a RESOLUTION NO. 22- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA CLARITA, CALIFORNIA, TO SUPPORT THE RECALL OF LOS ANGELES COUNTY DISTRICT ATTORNEY GEORGE GASCON WHEREAS, the City of Santa Clarita, California, values and places the highest priority on public safety and protecting its community; and WHEREAS, the City of Santa Clarita, California, emphasizes supporting public safety policies to prevent and reduce criminal activity in its adopted 2022 Executive and Legislative Platform; and WHEREAS, Los Angeles County District Attorney George Gascon unilaterally issued a series of Special Directives in December 2020, including Special Directives 20-06, 20-07, and 20-08; and WHEREAS, Special Directive 20-06 eliminates cash bail for any misdemeanor, non - serious felony, or non-violent felony offense; and WHEREAS, Special Directive 20-07 declines or dismisses several misdemeanor charges, including trespassing, disturbing the peace, criminal threats, drug and paraphernalia possession, under the influence of a controlled substance, public intoxication, and resisting arrest; and WHEREAS, Special Directive 20-08 eliminates several sentence enhancements, including the Three Strikes Law, gang enhancements, and violations of bail; and WHEREAS, some of the Special Directives issued by Los Angeles County District Attorney George Gascon, violate state law, which were enacted through the legislative or ballot initiative process to prevent and prosecute crime and protect the general public; and WHEREAS, the Special Directives listed in this resolution undermine the legislative and ballot initiative process and risk safety of the general public; and WHEREAS, it is of the utmost importance for the City of Santa Clarita, California, that policies that aim to restructure or amend prosecutorial directives are consistent with state law and issued with reasonable intent and priority to enhance public safety and protect the general public and victims' rights; and WHEREAS, on March 16, 2021, the City Council of the City of Santa Clarita adopted Resolution No. 21-7, becoming the first City to adopt a vote of no confidence in Los Angeles County District Attorney George Gascon; and WHEREAS, local and regional crime has increased in the last year, including serial and organized crimes related to assault, burglary, grand theft auto, and arson; and Page 1 of 3 Packet Pg. 89 12.a WHEREAS, the leadership and directives of Los Angeles County District George Gascon have exacerbated serial crime rates, as many individuals are not prosecuted for the crimes they commit and never receive any needed treatment or rehabilitation, further perpetuating an environment of lawlessness and injustice. NOW, THEREFORE, the City Council of the City of Santa Clarita, California, does hereby resolve as follows: SECTION 1. The Santa Clarita City Council affirms support for the recall of Los Angeles County District Attorney George Gascon and hereby directs staff transmit said resolution to applicable and interested offices and organizations. SECTION 2. The City Clerk shall certify to the adoption of this resolution. PASSED, APPROVED, AND ADOPTED this 26th day of April 2022. ATTEST: CITY CLERK DATE: MAYOR Page 2 of 3 Packet Pg. 90 12.a STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) ss. CITY OF SANTA CLARITA ) I, Mary Cusick, City Clerk of the City of Santa Clarita, do hereby certify that the foregoing Resolution No. 22- was duly adopted by the City Council of the City of Santa Clarita at a regular meeting thereof, held on the 26th day of April 2022, by the following vote: AYES: COUNCIL,MEMBERS: NOES: COUNCIL,MEMBERS: ABSENT: COUNCIL,MEMBERS: CITY CLERK Page 3 of 3 Packet Pg. 91