Beachcombing

Jay Beeler

Here’s a shocker: Three out of four local attorneys believe that Proposition BBB on the local ballot – if passed – will permit all current officeholders who are limited to two terms in office to run for three more terms. Put simply, Mayor Robert Garcia could legally serve a total of 20 years, being our mayor for the 2028 Olympics!

OpenUpLongBeach.com/Political Action is a general purpose local political action committee (PAC) started this year by our history columnist, Gerrie Schipske. Also an attorney, she writes: “In response to an email from community activist, Ann Cantrell, about the city attorney’s “impartial analysis” of Measure BBB, which would extend term limits for the mayor and City Council from two to three, I did some digging into the Government Code and attorney general opinions about this issue.

“What I found is shocking! Government Code section 36502(b) requires that any term limits provision may only apply to terms served after the effective date of the measure. This means that should Measure BBB pass, this current mayor and City Council will be allowed to seek 12 more years in office. No wonder they are pushing so hard for its passage!”

 

Inquiries to City Attorney Robert Parkin brought the following response:

“Government Code section 36502(b) requires term limits to be prospective. Since 1992, the City of Long Beach has had a two-term limit for City Council and mayor candidates. If someone has served two full terms subject to that limit, the current Charter section applies. This means that any former or current mayor or council member who has served two full terms as a non-write-in candidate would be eligible to run for and be elected to only one additional term if Measure BBB passes.

“The current Charter section, does not limit the number of write-in terms. In order to keep the application of Measure BBB prospective, a current or former council member who has served two full terms and any number of write-in terms would be eligible to run for one additional term.”

Beachcomber Columnist Stephen Downing responded: “Because of the various responses to [Schipske’s] post on the subject – out of interest – I asked two attorneys for whom I have a great deal of respect for their opinions on BBB and government code section 36502. Here is their response. To me, it still raises lots of questions which show that the city attorney failed in his duty to protect the city from lawsuits.

“Tom Barham stated: Government Code 36505(b) says that term limits apply prospectively. Therefore, an incumbent’s prior terms in office cannot be counted for purposes of newly enacted term limits.

“Attorney Tom Beck stated: I read this provision to mean that if terms limits rules are changed (which is what BBB I assume does) it can only operate forward and cannot benefit incumbents unless the issue is submitted to the voters first. So if BBB is that submission, the present officer holders appear to be able to make use of the newly established term limits.”

There you have it: three attorneys are raising a red flag regarding Proposition BBB. Rather than wait for this issue to play out in the courts, there is reasonable doubt regarding its passage. I’ll vote “no” unless 9 out of 10 lawyers agree with Parkin.

 

Quotes from church bulletins:

  • The Fasting & Prayer Conference includes meals.
  • The sermon this morning: ‘Jesus Walks on the Water. ’The sermon tonight: ‘Searching for Jesus.’
  • Ladies, don’t forget the rummage sale. It’s a chance to get rid of those things not worth keeping around the house. Bring your husbands.
  • Don’t let worry kill you off – let the church help
  • Miss Charlene Mason sang “I will not pass this way again,” giving obvious pleasure to the congregation.
  • For those of you who have children and don’t know it, we have a nursery downstairs.
  • Next Thursday there will be try-outs for the choir. They need all the help they can get.
  • At the evening service tonight, the sermon topic will be ‘What Is Hell?’ Come early and listen to our choir practice.
  • Pot-luck supper Sunday at 5 p.m. – prayer and medication to follow.
  • This evening at 7 p.m. there will be a hymn singing in the park across from the church. Bring a blanket and come prepared to sin.
  • Low Self Esteem Support Group will meet Thursday at 7 p.m. Please use the back door.
  • The eighth-graders will be presenting Shakespeare’s Hamlet in the Church basement Friday at 7 p.m. The congregation is invited to attend this tragedy.
  • Weight Watchers will meet at 7 p.m. at the First Presbyterian Church. Please use large double door at the side entrance.

 publisher@beachcomber.news

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