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Correspondence - #21
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08/29/2023 Special
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Correspondence - #21
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10/25/2023 12:56:43 PM
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8/28/2023 3:28:39 PM
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City Clerk
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8/29/2023
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DOWDALL LAW OFFICES <br />A PROFESSIONAL CORPORATION <br />ATTORNEYS AT LAW <br />City of Santa Ana <br />August 28, 2023 <br />Page 3 <br />vote of a majority of the full membership of the City Council....' <br />Therefore, enactment of the proposal violates California law and the Santa Ana Charter. <br />Passing the proposal would constitute a change in the Charter but without the required voter <br />approval. The proposed attack on the Charter therefore compromises bedrock principles of a <br />democratic society for sake of appeasing a disgruntled cabal of City leaders. The City would set <br />itself up as a super -legislature that is empowered to override the Charter whenever it suits them. <br />A Pernicious Attitude in Violation of Clear Law Spells Individual Liability <br />("Voters? We don't need them. Who Needs a Charter When We Can Rule by <br />Edict?") <br />The proponents would say "who needs a Charter when we can rule by edict?" In the <br />United States of America, such despotic control is an effort to overturn our system of <br />government, by overt acts soliciting Council support. <br />Passing the proposed ordinance would usurp the right of the people to determine changes <br />to the Santa Ana charter. The majority vote requirement furthers the safeguarding of democratic <br />a principles of freedom from tyrannical assault. The proposed ordinance is nothing short of a <br />subversion of the democratic ideal of a free government administered in a democratic fashion for <br />and by the people. Santa Ana now proposes to shamelessly subvert and frustrate the most <br />fundamental of the freedoms given to the people of this country -the power to vote. <br />In order to change the requirements of voting in the charter, a vote of the people is <br />required. The proponents of this proposed legislative expressions would do away with the free <br />will of the voters and impose its own dictatorial will on unsuspecting voters. That is <br />unconstitutional and a disgrace to every notion of American democracy. Cal. Const., Art. XI, <br />§3(a) says that a city may adopt charter by majority vote and charter may be amended in same <br />manner must be construed to mean that electorate of city has right, but not obligation, to adopt or <br />amend charter; but if electorate exercises that right, only majority vote, not super majority vote, <br />is required for approval of charter adoption or amendment. ' <br />The Charter May Be Amended Only by Voter Approval. <br />The council cannot change the Charter. This action cannot alter binding democratic <br />' Prop. of 2-4-63, approved on 4-2-63; Res. No. 63-027; Ord. No. NS-1405, 3-13-78, approved <br />at election 6-6-78; Res. No. 2022-044, 8-2-22, approved at the election 11-8-22 <br />3 Howard Jarvis Taxpayers Ass'n v. City of San Diego (2004) 120 Cal. App. 4th 374, 390-94, <br />15 Cal. Rptr. 3d 457. <br />
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