SR-104-088 (4)
. .-
~CitYOf
SaDta MODica'"
City Council Report
City Council Meeting: June 27,2006
Agenda Item: ~-A
To:
Mayor and City Council
From:
City Clerk, Director of Records and Election Services
Subject:
Qualification of Initiative Petition for Proposed Ordinance Entitled Lowest
Police Priority for Marijuana Ordinance
Recommended Action
It is recommended that the City Council accept the qualified initiative petition for a
proposed ordinance entitled "Lowest Police Priority for Marijuana Ordinance," as
verified by the Los Angeles County Clerk/Registrar Recorder and do one of the
following: adopt the ordinance; direct staff to prepare an impact report; or, direct staff to
return with a resolution and ballot language to place the measure on the November 7,
2006, municipal election ballot.
Executive Summary
On February 13, 2006, a notice of intent to circulate a petition proposing an ordinance to
de-prioritize law enforcement of marijuana offenses where the marijuana is intended for
adult personal use was filed with the City Clerk's office. The petition that was
subsequently circulated advised of the intent to qualify the measure for placement on
the November 7,2006, election ballot. On May 24,2006, the petition for the proposed
ordinance containing approximately 8,464 signatures was duly submitted to the City
1
Clerk's Office. A copy of the text of the proposed ordinance and the ballot title and
summary, as prepared by the City Attorney, are attached as Exhibit A.
Upon submittal of the petition, the City Clerk requested the Los Angeles County
Clerk/Registrar Recorder ("County Clerk") to verify the signatures submitted therein. In
order to qualify the measure for the November 2006 election, the petition needed a
minimum of 10% of the registered voter population at the time of publishing the notice of
intent to circulate the petition. The registered voter population at the time of publishing
was 55,801, and based on that number, 5,580 valid signatures were needed for
qualification. The County Clerk's Office has verified that the petitions contain the
minimum number of valid signatures required to place the proposed ordinance on the
ballot for a public vote (Exhibit B).
Discussion
Division 9, Chapter 3, Article 1, of the State Elections Code provides for the municipal
initiative process. Section 9215 of Article 1 states as follows:
9215. Petition signatures; ordinance submitted at next regular municipal
election.
If the initiative petition is signed by not less than 10 percent of the voters
of the city. . . . . . the legislative body shall do one of the following:
(a) Adopt the ordinance, without alteration, at the regular meeting at which the
certification of the petition is presented, or within 10 days after it is presented.
(b) Submit the ordinance, without alteration, to the voters pursuant to
subdivision (b) of Section 1405, unless the ordinance petitioned for is required to
2
be, or for some reason is, submitted to the voters at a special election pursuant
to subdivision (a) of Section 1405.
(c) Order a report pursuant to Section 9212 at the regular meeting at which
the certification of the petition is presented. When the report is presented to the
legislative body, the legislative body shall either adopt the ordinance within 10
days or order an election pursuant to subdivision (b).
Section 9212 of the State Elections Code provides that "the legislative body may
refer the proposed measure to any city agency or agencies for a report . . ." on its
impacts.
Based on the Elections Code provisions Council may choose to:
. Adopt the ordinance at the June 2ih Council meeting, or no later than July 6,
2006.
. Direct staff to return with a resolution and ballot language to place the measure
on the November 7, 2006, municipal election ballot..
. Order an impact report from staff, which report must return to Council on or
before July 27,2006, and then take one of the two above-described actions.
Budget/Financial Impact
If Council opts for adopting the ordinance, there will be no election-related costs. If
Council places the measure on the November 7th ballot, the cost will be covered by the
funds budgeted for the municipal election.
3
Prepared by:
Maria M. Stewart, City Clerk
Attachments:
Exhibit A: Ballot Title and Summary and
Text of Proposed Ordinance
Exhibit B: Verification of Qualification of Petition
Approved: Forwarded to Council:
Maria M. Stewart
Director, Records and Election Services
4
BALLOT TITLE AND SUMMARY
PROPOSED MEASURE: LOWEST POLICE PRIORITY FOR MARIJUANA
ORDINANCE REQUIRING THAT THE SANTA MONICA POLICE DEPARTMENT MAKE
MARIJUANA OFFENSES ITS LOWEST ENFORCEMENT PRIORITY, THAT THE CITY
COUNCIL OVERSEE IMPLEMENTATION OF THIS PRIORITIZATION, AND THAT THE
CITY CLERK PERIODICALLY SEND LETTERS SEEKING SIMILAR STATE AND
FEDERAL LAWS.
This measure would purport to regulate the work of the Santa Monica Police Department
by establishing a "lowest law enforcement priority" for offenses involving the adult, personal use
of marijuana. This measure states that the priority would be mandatory but would not apply to
using marijuana on public property or driving under the influence. The measure would prohibit
the Police Department from working with state or federal agencies to do enforcement work
within this lowest priority and from receiving federal funds for such work.
The measure would require City Council oversight to ensure Police Department
compliance through various, specified means. For instance, the Police Department would be
required to semi-annually report to the City Council statistics involving marijuana enforcement
and also to report on individual enforcement activities; and the City Council would be required
to receive grievances from individuals who believed that they were subject to law enforcement
activity inconsistent with the measure. Additionally, the measure would require the City Clerk to
annually send letters to congressman and senators representing Santa Monica voters, to the
Governor of California and to the President of the United States requesting that the state and
federal governments enact similar laws.
2/27/06
The people of Santa Monica ordain as follows:
Title 3 of the Santa Monica Municipal Code is amended to add a
new chapter, 3.72, entitled "Lowest Law Enforcement Priority
Policy Ordinance," to read as follows:
Chapter 3.72
Sections
3.72.010 Purpose
3.72.020 Title
3.72.030 Findings
3.72.040 Definitions
3.72.050 Lowest Law Enforcement Priority Policy
3.72.060 Community Oversight
3.72.070 Notification of Federal and State Officials
3.72.080 Enforceability
3.72.090 Severability
3.72.010 Purpose
The purpose of this chapter is:
(a) to de-prioritize law enforcement of marijuana offenses where
the marijuana is intended for adult personal use -- specifically,
to make investigations, citations, arrests, property seizures,
and prosecutions for those offenses the city of Santa Monica's
lowest law enforcement priority and
(b) to transmit notification of the enactment of this initiative
to state and federal elected officials who represent the city of
Santa Monica.
3.72.020 Title
This chapter shall be known as the Lowest Law Enforcement
Priority Policy Ordinance.
3.72.030 Findings
(a) Current marijuana policies needlessly harm medical marijuana
patients.
(b) The federal government's war on drugs has failed.
(c) Santa Monica should determine its marijuana policies locally,
not hand them over to the federal Drug Enforcement
Administration.
(d) Otherwise law-abiding adults are being arrested and
imprisoned for nonviolent marijuana offenses, which is clogging
courts and jails in California.
(e) Each year, California spends more than $150 million of
taxpayer money enforcing marijuana laws.
(f) Law enforcement resources would be better spent fighting
serious and violent crimes.
(g) Decades of arresting millions of mar~Juana users have failed
to control marijuana use or reduce its availability.
3.72.040 Definitions
For the purposes of this chapter, the following words and phrases
shall have the meanings respectively ascribed to them by this
section:
(a) "Adult" means an individual who is 21 years of age or older.
(b) "Santa Monica law enforcement officer" means a member of the
Santa Monica Police Department or any other city agency or
department that engages in law enforcement activity.
(c) "Lowest law enforcement priority" means a priority such that
all law enforcement activities related to all offenses other than
adult, personal-use marijuana offenses shall be a higher priority
than all law enforcement activities related to marijuana
offenses, where the marijuana was intended for adult personal
use, other than the exceptions designated in this chapter.
(d) "Marijuana" means all parts of the cannabis plant, whether
growing or not; the seeds thereof; the resin extracted from any
part of the plant; and every compound, manufacture, salt,
derivative, mixture, or preparation of the plant, its seeds, or
its resin.
3.72.050 Lowest Law Enforcement priority Policy
(a) Santa Monica law enforcement officers shall make law
enforcement activity relating to marijuana offenses, where the
marijuana was intended for adult personal use, their lowest law
enforcement priority. Law enforcement activities relating to
marijuana offenses include, but are not limited to,
investigation, citation, arrest, seizure of property, or
providing assistance to the prosecution of adult marijuana
offenses.
(b) This lowest law enforcement priority policy shall not apply
to use of marijuana on public property or driving under the
influence.
(c) This lowest law enforcement priority policy shall apply to
cooperating with state or federal agents to arrest, cite,
investigate, prosecute, or seize property from adults for
marijuana offenses included in the lowest law enforcement
priority policy.
(d) Santa Monica law enforcement officers shall not accept or
renew formal deputization or commissioning by a federal law
enforcement agency if such deputization or commissioning will
include investigating, citing, arresting, or seizing property
from adults for marijuana offenses included in the lowest law
enforcement priority policy.
(e) Santa Monica shall not accept any federal funding that would
be used to investigate, cite, arrest, prosecute, or seize
property from adults for marijuana offenses included in the
lowest law enforcement priority policy. This shall not prevent
Santa Monica from receiving any federal funding not used for
purposes contrary to this chapter.
3.72.060 Community Oversight
(a) The Santa Monica City Council shall ensure the timely
implementation of this chapter by:
(1) designing, with consultation with the Santa Monica Police
Department, a supplemental report form for Santa Monica law
enforcement officers to use to report all adult marijuana
arrests, citations, and property seizures and all instances of
officers assisting in state or federal arrests, citations, and
property seizures for any adult marijuana offenses. The
supplemental report form shall be designed with the goal of
allowing the City Council to ascertain whether the lowest law
enforcement priority policy was followed;
(2) receiving grievances from individuals who believe they were
subjected to law enforcement activity contrary to the lowest law
enforcement priority policy;
(3) requesting additional information from any Santa Monica law
enforcement officer who engaged in law enforcement activity
relating to one or more marijuana offenses under circumstances
which appear to violate the lowest law enforcement priority
policy. An officer's decision not to provide additional
information shall not be grounds for discipline; and
(4) reporting semiannually on the implementation of this chapter,
with the first report being issued nine months after the
enactment of this chapter. These reports shall include but not
necessarily be limited to: the number of all arrests, citations,
property seizures, and prosecutions for marijuana offenses in
Santa Monica; the breakdown of all marijuana arrests and
citations by race, age, specific charge, and classification as
infraction, misdemeanor, or felony; any instances of law
enforcement activity that the City Council believes violated the
lowest law enforcement priority policy; and the estimated time
and money spent by the city on law enforcement and punishment for
adult marijuana offenses. These reports shall be made with the
cooperation of the Los Angeles County District Attorney's Office,
the Santa Monica Police Department, and any other Santa Monica
law enforcement agencies in providing needed data.
(b) Santa Monica law enforcement officers shall submit to the
City Council a supplemental report within seven calendar days
after each adult marijuana arrest, citation, or property seizure
or instance of assisting in a state or federal arrest, citation,
or property seizure for any adult marijuana offense in Santa
Monica.
3.72.070 Notification of Federal and State Officials
Beginning three months after the enactment of this chapter, the
city clerk shall execute a mandatory and ministerial duty of
sending letters on an annual basis to Santa Monica voters' U.S.
representative or representatives, both of California's U.S.
senators, Santa Monica voters' senators and Assembly members in
the California State Legislature, the governor of California, and
the president of the United States. This letter shall state, "The
citizens of Santa Monica have passed an initiative to de-
prioritize adult marijuana offenses, where the marijuana is
intended for personal use, and request that the federal and
California state governments take immediate steps to enact
similar laws." This duty shall be carried out until state and
federal laws are changed accordingly.
3.72.080 Enforceability
All sections of this chapter are mandatory. If any provision of
this chapter is not carried out properly, any resident of Santa
Monica may seek a writ of mandate to ensure the law is fully
implemented. Notwithstanding 1.08.010 of the Santa Monica
municipal code, a violation of this chapter is not a criminal
offense.
3.72.090 Severability
If any provision of this chapter or the application thereof to
any person or circumstance is held invalid, the remainder of the
chapter and the application of such provisions to other persons
or circumstances shall not be affected thereby.