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The Honorable May~r and Members of the City Council
Santa Monica City Hall
1685 Main Street
Santa Monica, Cal iforni_a 90401
Reference: Opinion and Recommendation Concerning
Misdemeanor Prosecutions in the City
of Santa Monica
Honorable Mayor Dituri and Members of the City Council;
Nearly a year agc, this office commenced an analysis
of the merits and demerits of a Los Angeles District Attorney
takeover of misdemeanor prosecutions in our City. Our office
commenced this study after it had received inquiries from
members of your honorable body for the views of our office on
the subject. After a completion of this analysis, we reached
an abiding conviction that this service to the citizens cf °
Santa Monica should be retained, and that "the abandonment of
local control of misdemeanor prosecution would be an
abdication of local responsibility, a disservice to the interests
of law enforcement; a catastrophic blow to those who believe in
local home rule, and would result in an increase in ultimate
costs to the City of Santa Monica taxpayers.
Attached you will find the following supporting
documents;
1. Resolution Number 4164 whereby your
honorable body on May 18, 1971,
unanimously voted to support retention
of misdemeanor prosecutions by the City
Attorney, and to oppose state legislation
interfering with such local control.
2. A Statement by Assistant City Attorney,
Christina J: New, that on July 10, 1972,
the Board of Trustees of the Santa Monica
Bay District Bar Association voted
unanimously in favor of retention of
misdemeanor prosecutions by the City of
Santa Monica.
The Honorable Mayor and Members of the City Council
July 30, 1972
Page Two
A list of prominent members of the
California Bar who have had a part
in prosecuting misdemeanors in the
City of Santa Monica over the last
thirty five (35) years.
4. A Policy Statement by Santa Monica
Deputy Gity Attorney, Samuel L
Streichman, stating the policies in
favor of City Prosecution.
5. A Statement by Santa Monica Chief
of Police, Earl Reinbold, expressing
complete satisfaction with the
performance of the. City Attorney's
office, and vehement opposition to
a tranfer of this f-unction to the
District Attorney's Office.
6. Statements by James A. Doherty,
Assistant City Attorney of Los Angeles,
Roger Arnebergh, City Attorney of Los
Angeles, and David Perez, Assistant
City Attorney of Los A~zgeles, voicing
their opposition to legislation which
would interfere with the right of
charter cities to prosecute misdemeanors.
7. A Resolution of .your honorable body
urging the repeal of the Los Angeles
County prevailing wage statute.
$. An analysis of the cost to the City of
Santa Monica of City vs. County
prosecution of misdemeanors, establishing
that the City would pay three times as
much for attorneys, and two times as much
for clerical personnel if it contracted
for county prosecution of City Ordinance
and Charter Provisions.
Many years ago, the incorporators of our City
decided that its territory could be better governed by an
elected mayor and city council than by county officials. Later-,
the framers of our Charter made the decision to accept the
responsibility of home rule, and with it, local prosecution of
misdemeanors. This decision has resulted in a government
sensitive to local needs, innovative in its solution to
community problems, and vigilant in its control of spending.
.The Honorable
July 30, 1972
Page Three
Mayor and' Members of the City Council
With the benefits of home rule, the City tax rate has not risen
for at least ten years, and property values have quadrupled.
On the other hand, county government has grown not
only in size, but in the buffoonery of bureaucracy, The county
tax rate is now three and one half (3 z) times the City tax
rate, and its increase during the last three years has doubled
the total city rate. An excuse for even greater extravagance
should not be countenanced when it can be avoided. It is
respectfully recommended that your honorable body again go on
record as supporting the continuation of misdemeanor prosecution
by the city of Santa Monica.
Respectfully submitted,
~~ `~~
ICHARD L. KNICKERBOCKER
City Attorney
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Enclosures