Sunday, April 1, 2018

Mission Viejo Rejects Sanctuary State: From the Desk of Mayor Ed Sachs

...we mutually pledge to each other our Lives, our Fortunes, and our sacred Honor.
                                                                                      Declaration of Independence

From Where I Stand...
Mayor Ed Sachs
Mission Viejo 

A well informed public makes well informed decisions.
Council News & Views & Votes

Our March 13, 2018 council meeting was rather short due to a light agenda.  I was able to appoint Mayor Pro-Tem Greg Raths and Council member Trish Kelley to the California Voters Rights Act Ad-hoc committee.  The purpose of this committee is to look at all of the various options that would help to address the racially polarized voting that occurs in our city.  I would imagine the committee be able to report out to the full council over the next 6 - 8 months.  In addition the Shankman law firm that initially sent the district letter threat to the city, has now followed with a lawsuit to ensure that a judge is involved in managing the "other than districts" solution to the admitted racial  profiling as outlined in the California Voters Rights Act.

On March 20, I attended the Laguna Niguel city council meeting and spoke during public comments in support of Laguna Niguel's opposition to the County Supervisors designating property next to city hall  becoming a homeless tent city.  The property selected is next to city hall, a library, a day care center and a 5 minute walk to an elementary school.

I am happy to report that but a few days later, the Supervisors reversed themselves and will no longer be placing homeless tent cities in Irvine, Huntington Beach and Laguna Niguel.

While I was there, I spoke about my call for all Mayors supporting and addressed  the negligence of the Supervisors placing this encampment so close to children.  I spoke of the additional cost of policing homelessness at a time when South County cites are being burdened with ever growing policing costs.  You can view the video by clicking on the link below.

Our City Council meeting March 27th was exciting to say the least.  On the Agenda was a Resolution to join the Amicus Brief supporting Attorney General Jeff Sessions against the State of California and the unconstitutional SB54 Sanctuary State legislation.  In addition, the resolution gave the city's full support of Los Alimitos opt-out ordinance of SB54.

Over 50 speakers took the opportunity during public comments to voice their opinion and others sent in emails.  Of those that spoke less than a handful voiced opinions in favor of the Sanctuary State policy and against the resolution.  One of the speakers claimed we all are illegal since the first landing of Europeans on American soil.  In the end, the council voted unanimously to approve the resolution.

I explain why we offered a resolution and not an ordinance below in a special section of this month's newsletter.
Why Mission Viejo passed a Resolution of Support with Los Alimitos and not an Ordinance declaring the city will not follow State's Sanctuary State law.

First, we must understand that it is not simply a matter for Mission Viejo to claim the Constitution of the United States as the Supreme Law of the land.  For cities in California you are either a General Law city or a Charter City.  Los Alimitos is a Charter city and therefore has different liberties as applies to California law.

California cities are a creation of State law in the State of California.  These are called General Law cities and are thereby first bound to California State law.  Even if that State law is in contradiction to Federal law.  Another example would be legalizing Marijuana sales in California which is not Federal law.  Until these laws that conflict with Federal law, are taken before a federal judge by the Attorney General of the United States, general law cities are required first to follow State law.  It is a matter of orderly procedure and following the rule of law in determining which law is favored.

The principle of the "Rule of Law" is the basis for the democratic process and is intended to ensure the orderly interaction of society and government.  Otherwise we have chaos and anarchy.  General law cities (Mission Viejo) must assume the laws are valid and proper and that they shall remain proper, if and until, the courts say otherwise.  Hence the lawsuit filed by Attorney General Session claiming Supremacy of federal law as it deals with immigration must favor the U.S. Constitution.

It is this reason we have stated our case through a resolution and not an ordinance.  The resolution is protected a free speech guaranteed by the first amendment, and an ordinance from a general law city would be easily struck by the court.

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