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The San Diego Union-Tribune

 
Attorney would be elected if plan OK'd

Mayor, council against measure

STAFF WRITER

October 9, 2008

CHULA VISTA – Chula Vista activists and politicians, who often don't agree on the simplest issues, are aligned on whether to turn the city attorney into a political office.

Voters will decide Nov. 4 whether to turn the Chula Vista city attorney into an elected position. In addition, they will elect two City Council members and decide whether to elect Councilman John McCann to the state Assembly for the 78th District.

Mayor Cheryl Cox and City Council members have said the move would politicize a professional position and could put an unqualified person at the helm of the city's legal offices.

Supporters, including Norma Cazares and Jose Preciado of the South Bay Forum, say the city has outgrown its current form and needs an elected attorney who would “stop unethical behavior, corruption and back-room deals.”

Elected city attorney facts

Proposition Q would amend the city charter to make the city attorney an elected position.

The proposition would change the city attorney's minimum qualifications, powers and compensation.

The elected city attorney would not have to live in the city of Chula Vista and the first term would begin in December 2010.

The council would have to sign off on any lawsuits the elected city attorney initiates.

Cazares, who is one of the leaders of Chula Vistans for an Elected City Attorney, cited instances in which City Hall actions were at odds with community desires, including a debate on limiting building heights and the way the recent utility user tax ballot proposal was initially worded. The proposal, which would have lowered the tax rate but expanded it to more users, did not emphasize the broadening of services.

Councilman Rudy Ramirez, who has been vocal about his opposition to the measure, said the wrong person in office could devastate the city.

“Their legal judgment could be clouded for political reasons,” he said. “It would be the most powerful position in the city. More powerful than the city manager and more powerful than the mayor and council.”

Cazares called Ramirez's words “a scare tactic.”

“I think that's the most ridiculous statement to make,” Cazares said. “It's already politicized even as an appointed city attorney because they're doing the bidding of the people who appointed them and that is the mayor and City Council.”

At least one attorney said he doesn't agree with the initiative, but would consider running for the position if Proposition Q passes.

John Moot, an outspoken attorney who lives in Chula Vista and is a partner in a San Diego law firm, said he would run for the office.

Cazares said Moot's announcement may soften support for the measure.

“People have concerns over him,” she said. “They think he's too attached to the majority. He is seen as being aligned with the mayor.”

Moot, a former councilman, said he opposes the initiative because it doesn't require the city attorney to live in the city.

“I would not sit back and watch someone who didn't live in the city and didn't care about the city get elected because they have the financial backing of a guy like Earl Jentz,” he said.

Jentz, a wealthy property owner and civic activist in Chula Vista, bankrolled the elected city attorney initiative as well as land-use related issues.

“John Moot is just fishing,” Jentz said. “There is not a residency requirement to be an appointed city attorney. The voters will be free to select the man or woman they think is the best elected city attorney candidate.”

Glenn Googins, a former assistant city attorney for Chula Vista, said he also would consider running for office if voters approve the measure.

Steve Haskins, a well-known Bonita attorney who lives in La Jolla, said he would not run for the position.

“I think it's more appropriate for a local person to run,” he said.

Nine attorneys and four legal assistants make up the Chula Vista City Attorney's Office, although there are several vacancies. Bart Miesfeld is the interim city attorney and has been in that position since Ann Moore retired this summer, saying she wanted to be an attorney, not a politician.

Officials have not begun a search for a permanent city attorney, which will remain an appointed position until 2010 if Proposition Q passes.


Tanya Sierra: (619) 498-6631; tanya.sierra@uniontrib.com

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