Candidate Lawsuit May Be Decided After Ballot Submission Deadline

Los Angeles Judge James C. Chalfant scheduled a March 28 hearing in the lawsuit by a candidate challenging the qualification for another candidate (Oberstein) to run for LA City Council in the 12^th district special election June 4^th in the North San Fernando Valley. However, March 28^th is also the deadline for adjustments to the ballot, in other words will the candidates’ name still appear on the ballot should they become disqualified?

The Los Angeles Charter (Article 7: Section 700) is very explicit about members of the Ethics Commission not allowed to run for City office “concerning which the commission has made a decision during the term of the commissioner or Executive Director unless the election for that office is to be held at least two years following the expiration of the term of office of the commissioner” The lawsuit also names City Clerk Holly Wolcott, along with the city of Los Angeles, County of Los Angeles and Los Angeles County Registrar-Recorder/County Clerk Dean Logan.

While Article 7: Section 700 is designed to limit Commission members from conflict of interest. It seems the lawsuit is asserting the very conflicts which would prohibit a member of the commission from being qualified should conversely prevent (within the same time frame) a candidate for City Council from running. But the Los Angeles City election code does not provide for the candidate to be restricted nor does the Charter have any authority over a RETIRED or RESIGNED member running for office. Meanwhile candidate Oberstein, prior to stepping down in November was Chair of the Ethics Commission which along with the City is under investigation by the FBI.

So, has the lawsuit pointed out a flaw in the Charter? Perhaps the lawsuit will serve to magnify a problem with candidates who resign early while their team is under investigation, while also seeking a job with a higher salary to see them through the storm

Should the City Council resolve if they should self-govern themselves? Should the City Council put parameters on a candidate, whether seated or newly resigned on ANY commission, in the City Election Code? There are two other candidates in the 12th District special election who are also seated on influential City commissions. Or has the inclusion of the City Clerk, the City & Registrar Record in the lawsuit as well as Oberstein’s defense saying there should be no restrictions to run for office; has all this obstructed any path for the City to pass any laws regarding the conflict of interest issues?

Or should the voters’ question, if the very person (Oberstein) who chaired the committee which

· is managing the ethics of the City; and

· candidates must submit qualifying documents prior to running for City Council; and

· is part of the very city being questioned and investigated by the FBI for questionable ethics

if that person does not have their candidacy decided by a court; maybe it will be voters who have conducted their own investigation and with due diligence decide on June 4^th what is ethical and a conflict of interests.

Note: A very different 12^th district candidate Brandon Saario will conduct a meet-greet on March 23^rd in Chatsworth, see the Patch calendar for details