commentary
GLBT community to save city of San Diego
Published Thursday, 07-Sep-2006 in issue 976
Beyond the Briefs
by Robert DeKoven
The problems plaguing the city of San Diego are simply not reducible to personalities, such as Mike Aguirre and Toni Atkins.
The city is heading to bankruptcy because of its $1.5 billion deficit, due in large part to promised pension and health benefits that no city or company can afford.
In Hillcrest, the heart of the city’s gay community, business owners complain of a lack of parking (leading to business failures). Folks who want to live in Hillcrest complain of a lack of affordable housing, where 400-square-foot apartments converted to condos sell for $400,000. Plans call for more condos, even high rises.
Some folks rightfully blame past and present city councils, city managers and city attorneys for the mess. And federal officials and prosecutors are investigating and will most certainly issue indictments regarding the pension problems.
City Attorney Mike Aguirre calls for some city council members to resign now and spare the city and the affected districts ineffectual leaders. The mayor calls for the city to adopt some 120 reforms (remediations) proposed in the Kroll report. I call for some needed reforms in the structure of local government.
The majority of openly GLBT folks live in District 3, an area that covers a diverse range of communities from affluent Mission Hills to blighted-but-improving City Heights. In between there are areas like Hillcrest, North Park, University Heights and Kensington.
The reality is that the city’s population has skyrocketed and will continue to do so, but the city has had eight council districts for well over four decades. Toni Atkins essentially presides over the equivalent of six cities. And the job is impossible.
And it’s impossible for several reasons. One, the job pays little and offers no security, so the people running for council generally can’t even afford to own a home in the district. And, not surprisingly, Toni does not. She rents.
Because of the pay, it also makes it prohibitive for people who are unmarried (or unattached) to do the job and live comfortably. Not surprisingly, there have been few, if any, single individuals serving on the city council for several decades. And it is also not surprising that some of the brightest and most accomplished people in the city cannot afford to serve on the council.
Coupled with the low pay, there is no job security. Term limits top out at eight years.
“As a lawyer, I would never advise anyone to seek a council seat today. It’s a minefield filled with potential for criminal and civil liability, even for the most innocent mistakes or omissions.”
This leads now to the other major problem: lack of institutional memory and knowledge about the city, the district and all the laws and policies that go along with regulating.
Term limits have proven to be a complete failure at both the state and local level. Here, we have a revolving door, with major policy-making posts occupied by folks with an average of four years experience. Essentially, we have a municipal corporation run by folks with, at most, four years council experience.
Term limits must be extended to 12 or 16 years. And remember, there is always a term limit looming for someone every four years.
I love Toni Atkins. I’ve thought of her as the Mother Theresa of San Diego politics. But I don’t think even Mother Theresa would do this job – virtually no pay, a job/career that lasts only eight years, and when she leaves she may face criminal and civil litigation involving legal fees in the millions.
As a lawyer, I would never advise anyone to seek a council seat today. It’s a minefield filled with potential for criminal and civil liability, even for the most innocent mistakes or omissions.
As for the “job” of representing the districts, it’s impossible because the districts are too large. At the very least, the city must establish a ninth district. This would allow redistribution of neighborhoods into smaller districts. Ideally, District 3 should just cover Mission Hills, Hillcrest, North Park and University Heights.
In my world, each community here would have its own council. Registered voters in various precincts would elect reps to decide neighborhood matters, with the city council deciding major policy matters.
And then there is the accountability matter. Like virtually every corporation and other major city, San Diego needs an Office of the Inspector General, with the head probably appointed by local judges.
Independent compliance officers need to investigate. They report proof of illegal behavior to the U.S. attorney, district attorney or city attorney.
In Los Angeles, inspector generals exist in all major departments to monitor, investigate and report compliance matters.
These measures will help give us better officials, more responsive government and greater accountability. And that’s much better than what we have now.
Robert DeKoven is a professor at California Western School of Law.
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