CommentsSKID ROW POLITICS- In a stunning turn of events the City of Los Angeles’ Department of Neighborhood Empowerment (DONE) issued a shocking “final determination” in the highly controversial Skid Row Neighborhood Council subdivision election which led to three election challenges that were each upheld by an Election Challenge Review Panel convened by DONE itself.
(Photo above: General Jeff Page.)
DONE completely threw out each of the Review Panel’s recommendations, which included initiating a 60-day investigation (to possibly uncover more evidence) followed by the possibility of an entirely new election, and instead decided to certify the election results as they stood on election day, with Skid Row’s hopes of creating a much-needed neighborhood council crushed by a mere 60 votes, 826-766.
The election challenges arose from evidence of illegal online campaign propaganda which connected to the Downtown Los Angeles Neighborhood Council (DLANC) which, if found in violation, could have resulted in an overturned election.
How did DONE come to this seemingly out-of-nowhere decision? Let’s examine the facts.
On April 6, the Skid Row subdivision election took place. Any challenges had to be filed within 5 days. Skid Row representatives filed 5 official election challenges, of which two were dismissed in DONE’s initial review, leaving three valid challenges.
On April 14, a letter was issued to Skid Row NC- Formation Committee leaders and in paragraph 7 it states “The Department of Neighborhood Empowerment reviewed the election challenges, and will be convening an Election Challenge Review Panel to resolve the pending challenges”.
Just as two of the other challenges were dismissed rather quickly by DONE, if there wasn’t sufficient evidence in the remaining three challenges, why didn’t DONE dismiss those challenges also?
In DONE’s “final determination” letter it states, “Per Section XII of the Subdivision Election Manual, the supporting documentation for election challenges MUST prove that the alleged challenges are not only valid, but would also have made a difference in the election results for the Election Challenge Panel to have the factual basis to uphold the challenges”.
What DONE failed to include is the very next sentence- “Challenges without such supporting documentation will AUTOMATICALLY be rejected.”
So, again, if DONE (who in their own words) stated they reviewed each of Skid Row’s challenges, why didn’t they AUTOMATICALLY dismiss all 5 Skid Row challenges from the beginning? Instead they wasted everyone’s time, money and energy only to ultimately toss out both the Review Panel’s recommendations and subsequently Skid Row’s challenges, then at the end of the process point to reasons that were already in their control when they first reviewed the documentation but also completely contradict DONE’s logic in their final determination. Were they hoping a “negative to Skid Row” Review Panel decision would’ve been to blame so DONE wouldn’t look like the bad guys? ...Oops!
Further, during Skid Row’s presentation before the Review Panel on May 3rd, their Formation Committee Chair revealed that DONE’s metrics used to reach an “inconclusive” determination in their initial report to the Review Panel was flawed, thus causing an incorrect determination which DONE again mistakenly referred to in it’s “final determination” letter.
To be specific, DONE compared a “Unite DTLA” e-mail to what they wrongfully claimed was a “second” Unite DTLA e-mail. But, in fact, the second e-mail was from “DTLA United”, which thereby automatically created different outcomes in DONE’s in-house investigation.
Their inconclusive determination was strongly based on inaccurate metrics. And instead of getting it right the second time (for their “final determination”), they, again, somehow drew the very same conclusion based on the very same metrics.
This suggests that either DONE didn’t bother to correct it’s previous mistakes or was simply too lazy to perform the necessary due diligence. This, then, suggests severe negligence and/or dereliction of duty.
Even further, in DONE’s “final determination” letter, in the Inappropriate Remedy section, they stated the Review Panel’s “remedy of redoing the election is not appropriate for these challenges even if they were deemed to be valid”.
The problem with this is DONE was at the hearing (General Manager and other high-ranking staff) as was the City Attorney’s office (highest-ranking neighborhood council division staff member), yet no City officials with extensive knowledge of this process stepped in to make sure that the Review Panel, who publicly deliberated right in front of the entire audience, reached at least one qualifying remedy for each of the three upheld challenges.
This is even more evidence of negligence and/or dereliction of duty. Either said City officials simply stood by quietly (already knowing the preferred outcome they desired and anticipating it’s arrival soon thereafter) or were stunned “like deer caught in the headlights” at what the Review Panel was in the process of concluding as a result of their determined commitment to get this right to the best of their abilities.
Throughout all of this, it should be noted that the Review Panel, selected individually by DONE, stayed focused and engaged for the entire 5-hour hearing, including listening to public comments from over 60 “concerned citizens”, the majority of which were pro-Skid Row NC- including members of other NC’s, Skid Row residents and volunteer supporters with professional expertise.
While there are still “tons” more reasons to marvel at DONE’s position, this article closes with this- In DONE’s Subdivision Election Manual in the Challenge Remedy section, the first sentence states “If a challenge is found to be valid, remedies will be narrowly interpreted to affect ONLY the voters, candidates or seats affected.”
Not only did Skid Row have “a challenge which was found to be valid”, they had THREE of them! Then, DONE’s own language implies that there is a NARROW INTERPRETATION of the wideness of the scope and range for any and all remedies which are thereby limited to affect only the voters, candidates or seats affected.
… And DONE went away from it’s own rules, regulations and procedures and hid behind their flawed findings and improper determinations.
No surprise that the Skid Row Neighborhood Council Formation Committee is now seeking legal representation.
(General Jeff … Jeff Page … is a homelessness activist and leader in Downtown Los Angeles. Jeff’s views are his own.)
City Ignores Review Panel Advice, Nixes Skid Row NC Election Complaint … Law Suit Possible
