The Measure M litigation could end up costing the city tens of millions of dollars. The city attorney’s office found that Measure M was compliant with existing law but courts later found it to be unconstitutional. As city attorney, would have you done anything differently related to Measure M?
In 2018, the City Council decided to put a new tax on the ballot associated with water and sewer service to fill a $14 million hole in the general fund, funds that support police, fire stations and paramedics, libraries, repair streets and sidewalks, keep our parks open and clean, etc. At the time, a number of cities in California had adopted similar ballot measures and none had been challenged in court. The City Attorney’s Office evaluated existing law and advised the City Council on the risks associated with the ballot measure. The City Council chose to put Measure M on the ballot, and it was approved by the voters.
Then a lawsuit was filed challenging the constitutionality of Measure M. The city attorney defended the measure, which had been approved by the voters, and 479 cities in California filed a brief in the Court of Appeal supporting the city’s position that the tax was constitutional. At the same time, a lawsuit was filed against Sacramento challenging a very similar ballot measure. In 2021, the Court of Appeal in the Sacramento case ruled their ballot measure was constitutional; however, months later, a different Court of Appeal ruled that the Long Beach Measure M ballot measure was unconstitutional. Thus, there is still no clear answer as to the legality of such ballot measures in California.
As City Attorney, I would have advised the City Council on the complexity of the law in this area and the risks associated with the ballot measure, which is the city attorney’s role under the City Charter. The City Council, as the legislative body of the city, is then responsible for making the decision whether to take a particular action.
As city attorney do you believe that it’s your position to interpret policy to fit the City Council’s request or to protect the city from future lawsuits? When should the city attorney step in to tell the City Council that what’s being proposed is risky for the city?
The city attorney is the sole and exclusive legal advisor for the city, the City Council and all city commissions, committees, officers and employees. As such, the city attorney must review all policies and actions with the lens of the legal risk they pose to the city and advise the City Council, commissions and departments in an effort to minimize legal risk and avoid, if possible, future lawsuits. This is the work I have been doing my entire 30-year career.
The city attorney does not have a vote on or the ability to revise legislative policy decisions made by the City Council. As city attorney, I will advise the City Council on the legality of potential policies that may present liability for the city.
Homelessness is a major concern and public health issue in the city and region. Are there any legal approaches not currently being used that you think could help the city get the people the help they need?
I have assisted a number of cities in California attempting to address homelessness. Federal law in California aggressively protects the individual freedoms of residents, thereby making it challenging for cities to enact local laws to address homelessness. As a result, the city of Long Beach has created a multi-departmental team, which includes the city attorney’s office, to work on creative multifaceted solutions.
Homelessness needs to be addressed on a systemic level, not just by establishing shelters which provide accommodations for a night or a short period of time, after which the person goes right back to the streets. We need to provide access to mental health services and/or drug rehabilitation services, safe transitional housing, job opportunities along with more permanent affordable housing and a path forward from there. The city attorney’s office is a critical member of the city’s team working to create these opportunities.
How would you improve the public’s access to city documents? What kinds of policies would you put in place to ensure that documents which should be made public are made public?
I have worked closely with city and Port of Long Beach Public Records Act coordinators to ensure all staff handling PRA requests are educated as to the requirements of the PRA and the need to produce, and produce timely, all responsive records that are not subject to an exemption. As city attorney, I will continue to push for staff training and resources to fully comply with the PRA.
What could the city do to lower the amount of money it pays out annually to legal settlements?
The city attorney’s office aggressively defends every action filed against the city to ensure the city is paying no more than necessary in legal settlements and judgments. In addition, the city attorney’s office reviews all claims and lawsuits filed against the city to determine whether changes need to be made by city departments to reduce the city’s risk and exposure to litigation.
First, the office reviews and investigates all claims made against the city and, if the claim has merit, we attempt to settle or resolve the claim before litigation is filed. The claims filed with the city and the description of the actions taken on these claims are posted on the city attorney’s website. If a lawsuit is filed, we review the case to determine the merits of the allegations. If an allegation has merit, we again attempt to settle the matter. We then meet with the leader of the department to explain the situation and discuss actions to be taken to ensure the situation is not repeated.
We also assess the data we gather through our review of claims and lawsuits to spot trends and work with departments to make them aware of any larger issues and any potential policy changes that could address the trends.