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2 <br />3 <br />4 <br />5 <br />6 <br />7 <br />9 <br />10 <br />11 <br />12 <br />13 <br />14 <br />15 <br />16 <br />17 <br />18 <br />19 <br />20 <br />21 <br />22 <br />23 <br />24 <br />25 <br />26 <br />27 <br />28 <br />29 <br />30 <br />31 <br />32 <br />33 <br />34 <br />35 <br />36 <br />INTRODUCTION AND BACKGROUND <br />1. Unless modified or prohibited by this Court, on or about April 12, 2016, the Riverside <br />County Registrar of Voters will procure ballots and print election materials at the behest of the <br />Riverside City Clerk for Measure A (the City- titled "The Riverside City Prosecution and Crime <br />Reduction Measure "), despite the Measure's following violations of State law: (1) the ballot title for <br />Measure A, as adopted by the Riverside City Council and transmitted to and accepted by the City <br />Clerk, is biased, argumentative, and likely to create prejudice, in violation of Elections Code section <br />9203; (2) the Riverside City Attorney's "Impartial Analysis" of Measure A was requested by the <br />City Council, prepared by the City Attorney, and accepted by the City Clerk, in violation of <br />Elections Code section 9280; and (3) the City Council failed to comply with the public notice <br />requirements of Elections Code section 9255 and Government Code section 34458, and as such, the <br />City Clerk's acceptance of Measure A for placement on the ballot was in error. <br />2. On February 9, 2016, Riverside City Attorney Gary Geuss made a presentation to the <br />Riverside City Council recommending the placement of a measure on the June 7, 2016, ballot to <br />amend the city charter. The proposed charter amendment sought to establish the Office of City <br />Prosecutor within the City Attorney's Office and grant the City Attorney the power to handle the <br />prosecution of misdemeanor offenses arising out of violations of state law occurring within the City <br />of Riverside, crimes currently within the jurisdiction of the District Attorney. (Memorandum of <br />Points and Authorities, Exhibits 8 -11.) <br />3. With no additional notice to the electorate and without a public hearing on the proposed <br />initiative to allow the citizens of Riverside to become informed on this costly initiative, the City <br />Council voted to place it on the June 7, 2016, ballot. (Memorandum of Points and Authorities, <br />Exhibits 4 -5, 7 -8.) This failure to provide public notice and a public hearing prior to the City <br />Council vote on the initiative occurred in violation of Government Code section 34458, subdivision <br />(b)• <br />4. In relevant part, Government Code section 34458, subdivision (b), requires two public <br />hearings at least 30 days apart with public notice published in the newspaper and posted in at least <br />three public places 21 days prior to each hearing. There is no record in the resolution, the City <br />Attorney's presentation, or in the Council agendas that address this publication requirement. <br />(Memorandum of Points and Authorities, Exhibits 4 -11.) To the contrary, the resolution for the <br />ballot measure drafted by the City Attorney and adopted by the Council states that notice of the <br />general municipal election was provided on January 12, 2016, just 33 days prior to the February 9, <br />2016, vote by the Council to place the measure on the June 7, 2016, ballot. (Memorandum of Points <br />and Authorities, Exhibit 9.) <br />5. It would therefore be impossible for the City Council, the City Attorney, and the City Clerk <br />2 <br />