WILDOMAR: Resident suing for November election
Gerard Ste. Marie's suit seeks to force establishment of districts and call November election
By AARON CLAVERIE - Staff Writer | ∞
WILDOMAR ---- A Wildomar resident has filed a lawsuit to try to force the city to divide the city into electoral districts by Friday and hold an election this November.
Wildomar area residents voted in February to approve incorporation and elected a five-member City Council. Voters also approved dividing the city into districts to elect future council members. The city of Wildomar officially incorporated July 1 during a special meeting that was capped with a community party and fireworks.
The lawsuit was filed in Riverside Superior Court on Wednesday by Gerard Ste. Marie, who has filed numerous lawsuits in recent years that have put him at odds with leaders of the incorporation movement and county officials.
After Wednesday's council meeting, Wildomar Mayor Bob Cashman and Councilwoman Marsha Swanson were served with a copy of the lawsuit. A copy also was given to the city's interim attorney, Julie Hayward Biggs.
In the lawsuit, Ste. Marie cites Government Code 34884, which states that a newly incorporated city that approved electing council members by districts must form those districts at least one day before the filing period for council candidates is opened ahead of the next municipal election.
Because the filing period for the upcoming November election starts Monday, Ste. Marie contends the districts must be formed by Friday.
"It's very specific; the law is clear. They have to get right to it," Ste. Marie said Thursday night.
Wildomar's interim City Attorney Julie Hayward Biggs disagrees with Ste. Marie's interpretation of the law.
She sent an e-mail to The Californian on Thursday night that cites Government Code 57379.
That code states that if the first general municipal election following the city's incorporation date occurs less than a year after that date, the three council members who received the lowest number of votes can hold office until the second general election following the incorporation election.
Biggs said in the e-mail this means the three lowest vote-getters, Sheryl Ade, Marsha Swanson and Scott Farnam, will be up for re-election in November 2010.
Cashman and Councilwoman Bridgette Moore will be up for re-election in the following municipal election, which would be 2012 based on Biggs' reading of the law.
Ste. Marie said he was motivated to file the lawsuit on behalf of his rights as a voter and he said the city, under the advice of Biggs, is proceeding as if the voters had approved "at large" elections, where council members are elected by voters from throughout the city without regard to what area of the city they live in.
The code that Biggs referenced, he says, only applies to cities electing council members in at large elections.
If that weren't dense enough, there's another wrinkle.
The county registrar's deadline for cities to schedule elections was June 27, a date that fell before the city of Wildomar was officially incorporated.
Members of the City Council referred questions on the lawsuit, the first filed against the city, to Biggs.
Cashman said Thursday that he hasn't seen the lawsuit so he couldn't talk about it in detail.
Regarding the general issue of when the council plans to form the districts approved by voters, Cashman said he thinks the city won't have to do that until it's closer to the time for the city's first election.
Ade said she supported a plan broached on Wednesday night by Biggs, who said the city could bring on a consultant to break down the pros and cons of electing council members by district.
"It's prudent for us to get that type of information," she said.
Regarding the lawsuit, Ade said she wasn't worried.
"Because it's bizarre," she said.
Contact staff writer Aaron Claverie at (951) 676-4315, Ext. 2624, or aclaverie@californian.com.
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Scorpion wrote on Jul 10, 2008 8:33 PM:Ade said she supported a plan broached on Wednesday night by Biggs, who said the city could bring on a consultant to break down the pros and cons of electing council members by district.
"It's prudent for us to get that type of information," she said.
What is the point of that? It's not the council has a choice. The voters chose districts. The council needs to abide by their wishes. Who cares what the pros and cons are?
WV wrote on Jul 10, 2008 10:37 PM:My goodness. Ste. Marie and Steve Beutz shall forever whine. One day, some day, the negativity that these two bring upon what would otherwise be a fair community shall be cast aside for what it is worth. Stop the Money Grab as Beutz' web site proclaims? How about Stop the Money Waste, guys? There are better, more important, more meaningful things you could focus your time, energy, and resources towards. Try doing something positive for a change.
Nopool wrote on Jul 11, 2008 12:16 AM:The city council got caught with their hands in the cookie jar. They never intended on districts at all. If you read previous articles by Bridgette Moore and company, they intended on creating a charter city which would give them the power of turning it into an "at large" election. Now they have to obey the will of the voters. The voters of Wildomar will now have a voice once again. Thanks Mr. Ste. Marie
Gerard is Right Again wrote on Jul 11, 2008 6:49 AM:Seems like a law degree doesn't guarantee that you know what you're doing. Ms. Biggs should read Government Code section 57378 that states: "If the voters in the incorporation election determine that
future city council members shall be elected "by districts," or "from
districts," the provisions of Article 2 (commencing with Section
34870) of Chapter 4 of Part 1 of Division 2 shall apply to those
elections." The voters of incorporation for Wildomar clearly voted for districts. I don't see anything 'bizarre' about this. Seems clearly written to me Ms. Ade that Government Code section 34884 relied on by Gerard is controlling here.
Why A Consultant wrote on Jul 11, 2008 6:52 AM:What does the city need with the added cost of a consultant? Another paycheck to pay someone to avoid and twist the laws of the state like our current city attorney? Seems to me that the voters clearly wanted districts when they voted for it. Too bad MooreCashAde doesn't want to do what the voters want. Perhaps we should keep this in mind when the next election comes up. Gosh, this is looking like Murrieta city politics all over again- anyone surprised?
Observer wrote on Jul 11, 2008 7:03 AM:What the article doesn’t say is that all five members of Wildomar’s council have publicly and repeatedly expressed their opposition to having elections “by districts”.
Creation of the districts should have been a number one priority of the council-elect, and they have wasted months getting started on this essential task. Now they are dragging their feet on starting the process, and clearly looking for ways to make the work unnecessarily complex and costly.
Ade’s remarks get right to the heart of the matter. The council is looking for ways to ignore the will of the people and find ways to overturn their decision to have Wildomar’s council elections “by districts”. In other words, they are do not want to respect and support the decisions of the voters.
Hmmmm wrote on Jul 11, 2008 8:10 AM:Is this the same Sheryl Ade who mocked and belittled councils and councilmembers in other cities because they supposedly didn't follow the "will" of the people? It's not so easy now is it Ms. Ade. For the record, council districts in a city the size of Wildomar with the issues they face ahead make little sense. However, whether it is good or bad for the city doesn't really matter because the citizens voted to have it that way. So when the dividing up of the city happens and the political battles over who gets what scraps start to dominate the political environment, the citizens will just have to live with it. And if their councilmember isn't part of the clique, their district gets nada. Good luck with all of that and, for pete's sake, fix your roads!
ModernRock wrote on Jul 11, 2008 9:46 AM:What a whiner. Things don't go her way, so let's go to court. Because I didn't get my way! Waaaaaaa!
Interested Neighbor wrote on Jul 11, 2008 11:08 AM:I hope that the Citizens of the newly formed city of Menifee are taking notice and are watching closely how tricky Council members can be by not following the law. They too voted for districts. Seems they need a "Gerard" to represent them and keep their Council in-line.
Susan wrote on Jul 11, 2008 4:46 PM:It is not surprising that yet again St. Marie is wasting tax payer dollars with this - is he even a wildomar resident? I highly doubt he even lives here - PROVE YOU LIVE HERE GERARD AND LET US ALL KNOW WHAT YOUR REAL INTENTIONS ARE. It seems to me if he has an agenda that is anything but being a 'taxpayer advocate'.
Right to Waist wrote on Jul 11, 2008 7:07 PM:Mrs bigs thinks that this is a waste of Tax Payer Money. I think shes right. Because any money the City gives to her law firm is a waste of money.
To Susan wrote on Jul 11, 2008 7:07 PM:I can personally vouch for Gerard's residence in Wildomar. BTW - one can hardly qualify him as 'wasting taxpayer dollars' when he's won 1 lawsuit already and is about to win another. The identity of the parties 'wasting taxpayer money' are your trusted members of the Wildomar City Council, the City Attorney,... and the Riverside County Board of Supervisors. Perhaps you should ask them why they are forcing citizens to sue them to enforce the laws they took an oath to uphold.
fringe wrote on Jul 13, 2008 7:08 PM:There are two types of people that run for office. Those who truly care, despise corruption ,greed and waste of tax dollars. And the other... are in it for their own gain and wait and watch for the first chance to steal or take absolutely anything they can get their greedy self seeking selfish twisted hands on. This type will twist and turn the law to meet their needs willing to walk that fine line completely blinded by greed and their own self intrest. Narcicisstic ego maniacs on a path of self destruction.
To fringe wrote on Jul 14, 2008 6:11 AM:Well said, and clearly a good description of our recently elected city council members. The question is, what are we going to do about it, and how soon?
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