CC - Item 7A - Discussion and Consideration of a Resolution Expressing a Vote of No Confidence in Los Angeles County District Attorney George Gascon E M F
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,NCORPORATED 1°9
TO: THE HONORABLE MAYOR AND CITY COUNCIL
FROM: GLORIA MOLLEDA, CITY MANAGER
DATE: MAY 11, 2021
SUBJECT: DISCUSSION AND CONSIDERATION OF A RESOLUTION
EXPRESSING A VOTE OF NO CONFIDENCE IN LOS ANGELES
COUNTY DISTRICT ATTORNEY GEORGE GASCON
SUMMARY
Council Member Steven Ly requested an item proposing a vote of no confidence in Los Angeles
County District Attorney George Gascon to be placed on the agenda for consideration. The
District Attorney (DA) is an elected county official established by Government Code Section
§26500-26543 and is responsible for the prosecution of criminal violations of state law and
county ordinances occurring within the county in which they are elected. The Los Angeles DA's
Office prosecutes felony crimes and misdemeanor crimes in unincorporated areas and in 78 of
the county's 88 cities, including the City of Rosemead.
The Los Angeles County DA's Office has a legal responsibility to execute laws enacted by
voters or the state legislature. These laws protect the public and uphold prosecutorial policies.
The DA also oversees investigation, apprehension, and prosecution of these in court. Los
Angeles County DA George Gascon was elected as part of the November 3, 2020 General
Election, capturing 54% of the Los Angeles County vote. Since his December 7, 2020 swearing-
in ceremony, he has issued numerous special directives to reform criminal prosecutions in Los
Angeles County.
DISCUSSION
To date,the District Attorney has issued nine (9) Special Directives since assuming office as
follows:
SD 20-06: Pretrial Release Policy
SD 20-06 sets forth new policies and protocols on pretrial release and the use of cash bail. The
SD prohibits Deputy District Attorneys (DDAs) from requesting cash bail for any misdemeanor,
non-serious felony, or non-violent felony offense. If cash bail is requested for other offenses,
DDAs must recommend cash bail amounts that are aligned with the accused's ability to pay.
Furthermore, bail and/or pretrial detention may only be considered if there are no other options
to protect public safety and reasonably ensure the defendant's return to court. Additionally,
AGENDA ITEM 7.A
City Council Meeting
May 11,2021
Page 2 of 3
DDAs shall not object to the release of anyone currently incarcerated in Los Angeles County on
cash bail who would be eligible for release under this.
SD. SD 20-07: Misdemeanor Case Management
SD 20-07 states that the following misdemeanor charges shall be declined or dismissed before
arraignment and without conditions unless exceptions or factors for consideration exist:
trespassing, disturbing the peace, driving without a valid license, driving on a suspended license,
criminal threats, drug and paraphernalia possession, minor in possession of alcohol, drinking in
public, under the influence of a controlled substance, public intoxication, loitering, loitering to
commit prosecution, and resisting arrest. Exceptions and factors for consideration include repeat
offenders in the preceding 24 months. However, some misdemeanors listed do not have
exceptions or factors of consideration identified.
SD 20-08: Sentencing Enhancements/Allegations
SD 20-08 states that the following sentence enhancements or sentencing allegations shall not be
filed in any cases and shall be withdrawn in pending matters: any prior strike enhancements,
including the Three Strikes Law; STEP Act enhancements (also known as gang enhancements);
violations of bail; and firearm allegations. This directive was further amended to state that DDAs
may pursue the following allegations, enhancements, and alternative sentencing schemes: hate
crime, elder and dependent adult abuse, child physical abuse, child and adult sexual abuse,
human sex trafficking, and financial crimes:
SD 20-09 Youth Justice
SD 20-09 implements policies for crimes involving youth. Pursuant to this SD, youth accused of
misdemeanors will not be prosecuted. If necessary and appropriate, youth accused of
misdemeanor offenses and low-level felonies will be referred to pre-filing, 10b community-based
diversion programs. Youth will not be charged for crimes involving property damage or minor
altercations with group home staff, foster parents, and/or other youth if the youth's behaviors can
reasonably be related to the child's mental health or trauma history. The SD also provides that
filings will generally consist of the lowest potential code section that corresponds to the alleged
conduct and mandate one count per incident. Furthermore, youth will not be sent to the adult
court system and enhancements shall not be filed on youth petitions.
SD 20-10 Habeas Corpus Litigation Unit
SD 20-10 establishes policies regarding the Habeas Corpus Litigation (HABLIT) Unit's review
of non-capital cases. This SD is specific to a legal petition brought by detained or imprisoned
inmates to challenge the constitutionality of the conviction and/or sentencing conditions.
SD 20-11 Death Penalty Policy
SD 20-11 provides that the DA's Office will not seek the death penalty in any case charged on or
after December 8, 2020. The DA's Office will also not defend any existing death sentences and
will engage in a thorough review of every existing death penalty judgment from Los Angeles
County.
City Council Meeting
May 11,2021
Page 3 of 3
SD 20-12 Victim Services
SD 20-12 establishes policies related to services currently provided by the Bureau of Victim
Services (BVS). These new policies include the following: (1) BVS will contact all victims of
violent crime within 24 hours of receiving notification; (2) BVS will contact the families of
individuals killed by law enforcement and provide support services; (3) BVS will support
survivors and all others harmed by violence and crime regardless of immigration status,
reporting, cooperation, or documentation; (4) BVS will establish a Victim Emergency Fund; and
(5) BVS will not require cooperation as a condition of offering services.
SD 20-13 Conviction Integrity Unit
SD 20-13 establishes policies regarding the Conviction Integrity Unit (CIU). These policies
relate to case review criteria, access to discovery, investigations in claims of wrongful
conviction, and case resolution. This SD also provides that the CIU shall develop and maintain a
database to track errors and other causes of wrongful convictions uncovered in the course of its
case reviews. Pursuant to this SD, the database will track official misconduct, including the
names of law enforcement officers found to have committed misconduct or whose testimony has
otherwise been proven to be unreliable.
SD 20-14 Resentencing
SD 20-14 provides that the DA's Office will seek to review and remediate every sentence that
does not comport with the new Sentencing Enhancement and Juvenile Policies. The DA's Office
specifically commits to an expedited review of the following categories of cases: (1) Those who
have already served 15 years or more; (2) Those who are currently 60 years of age or older; (3)
Those who are at increased risk of COVID-19; (4) Those who have been recommended for
resentencing by the California Department of Corrections and Rehabilitation; (5) Those who are
criminalized survivors; and (6) Those who were 17 years of age or younger at the time of the
offense and were prosecuted as an adult.
Of these directives, Special Directives 20-06, 20-07 and 20-08 have been identified as having a
potential immediate and detrimental impact on public safety.
STAFF RECOMMENDATION
That the City Council consider approval of Resolution No. 2021-19 or give staff further
direction.
FISCAL IMPACT -None
PUBLIC NOTICE PROCESS
This item has been noticed through the regular agenda notification process.
Attachment: Resolution No. 2021-19
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Attachment A
Resolution No. 2021-19
RESOLUTION NO. 2021-19
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ROSEMEAD EXPRESSING A VOTE OF NO CONFIDENCE IN
LOS ANGELES COUNTY DISTRICT ATTORNEY GEORGE
GASCON
WHEREAS, the City of Rosemead, California, values and places the highest priority on
public safety and protecting its community;and
WHEREAS, the City of Rosemead, California, has a history of supporting public safety
policies that prevent and reduce criminal activity in the community; and
WHEREAS, Los Angeles County District Attorney George Gascon unilaterally issued a
series of Special Directives in December 2020, including Special Directives 20-06,20-07, and 20-
08; and
WHEREAS, Special Directive 20-06 eliminates cash bail for any misdemeanor,
nonserious felony, or non-violent felony offense; and
WHEREAS, Special Directive 20-07 generally requires the declination or dismissal of
many misdemeanor charges,including trespassing,disturbing the peace,criminal threats,drug and
paraphernalia possession, under the influence of controlled substance, public intoxication, and
resisting arrest; and
WHEREAS,Special Directive 20-08 eliminates several sentence enhancements,including
the "3 year prior" enhancements, gang enhancements, and prior-strike enhancements; and
WHEREAS, some of the Special Directives issued by Los Angeles County District Attorney
George Gascon contradict state laws,which were enacted through the legislative or ballot initiative
process to prevent and prosecute crime and protect the general public; and
WHEREAS,the Special Directives listed in this Resolution undermine the legislative and
ballot initiative process and risk the safety of the general public; and
WHEREAS, policies that aim to restructure or amend prosecutorial directives need to be
consistent with state law and issued with reasonable intent and priority to enhance public safety
and protect the general public and victims' rights.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Rosemead
hereby resolve as follows;
SECTION 1. The City Council of the City of Rosemead affirms a vote of no confidence
in Los Angeles County District Attorney George Gascon and hereby directs staff to transmit said
Resolution to applicable and interested offices and organizations.
SECTION 2. The City Council of the City of Rosemead insists that the Los Angeles County
District Attorney uphold the laws of the State,whether established by the State Legislature or voters of the
State, and that no Special Directives be issued that contradict these laws.
SECTION 3. The City Clerk shall certify to the passage and adoption of this Resolution and shall
enter the same in the Book of Original Resolutions.
PASSED, APPROVED AND ADOPTED,this 1 1th day of May,2021.
Polly Low,Mayor
ATTEST:
Ericka Hernandez, City Clerk
APPROVED AS TO FORM
Rachel Richman, City Attorney
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) §
CITY OF ROSEMEAD )
I,Ericka Hernandez,City Clerk of the City Council of the City of Rosemead,California,do hereby certify
that the foregoing City Council Resolution No. 2021-19 was duly adopted by the City Council of the City
of Rosemead,California,at a regular meeting thereof held on the 11th day of May,2021,by the following
vote,to wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
Ericka Hernandez, City Clerk