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Judge throws out residency initiative |
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Written by Administrator
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Thursday, 10 October 2002 |
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Judge throws out residency initiative
By Shelly Escalante-Cone / Times Staff Writer
GUADALUPE -- An initiative meant to require the city's fire chief, police chief and city administrator to live within a short driving distance of the city has been deemed unconstitutional.
Superior Court Judge Rodney Melville ruled Monday that "the ordinance violates both the California Constitution and the Government Code Section 50083 and may not be enforced by the city."
"I still think the law should be changed; as an attorney that was my attempt," said Kenneth T. Rosene, attorney and author of the initiative. "The problem I do have is I don't think the City Council will pass an alternative resolution to make these three people live within, say, 20 minutes of City Hall."
Mayor Sam Arca said he was satisfied with the judge's decision but disappointed it was even an issue.
"The measure was not enforceable and it was against the constitution and government code, therefore it was a waste of taxpayer money," Arca said.
Rosene said it's important for city leaders to live in close proximity to the city in the event of a major emergency. He alluded to City Administrator Frank Usher, who has a home in Southern California that he drives home to on weekends.
Rosene said he's "toying with the idea" of introducing another similar initiative.
The original initiative, Measure J2002, was approved by voters on March 5.
* Staff writer Shelly Escalante-Cone can be reached at (805) 739-2218 or by e-mail at shellycone@ pulitzer.net.
Oct. 10, 2002
:nav Source: http://www.santamariatimes.com/articles/2002/10/10/news/export7448.txt
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