6-15-2021 AGENDA ITEM NO.18 - CONSIDERATION OF REQUEST FROM MAYOR LOPEZ-VIADO REGARDING A LETTER TO LOS ANGELES COUNTY DISTRICT ATTORNEY GASCON PERTAINING TO SPECIAL DIRECTIVES FOR THE COUNTY OF LOS ANGELESAGENDA ITEM NO. 18
AGENDA STAFF REPORT
City of West Covina I Office of the City Manager
DATE: June 15, 2021
TO: Mayor and City Council
FROM: David Carmany
City Manager
SUBJECT: CONSIDERATION OF REQUEST FROM MAYOR LOPEZ-VIADO REGARDING A
LETTER TO LOS ANGELES COUNTY DISTRICT ATTORNEY GASCON PERTAINING
TO SPECIAL DIRECTIVES FOR THE COUNTY OF LOS ANGELES.
RECOMMENDATION:
It is recommended that the City Council provide direction to staff.
BACKGROUND:
At the June 1, 2021 City Council meeting, the Los Angeles County District Attorney's Office presented information
on the District Attorney's Special Directives to the Mayor and Council. Mayor Lopez-Viado directed staff to
prepare a letter regarding the Special Directives for the County of Los Angeles stating they negate core principles
of justice and will erode the quality of life in West Covina.
OPTIONS:
The City Council has the following options:
1. Mail the letter with no changes;
2. Mail the letter with changes; or
3. Provide alternative direction
Prepared by: David Carmany, City Manager
Attachments
Attachment No. 1 - Draft Special Directive Letter
CITY COUNCIL GOALS & OBJECTIVES: Protect Public Safety
ATTACHMENT NO. 1
Office of the Mayor
June 16, 2021
George Gascon
Los Angeles County District Attorney
211 W. Temple St. # 1200
Los Angeles, CA 90012-4086
Subject: Special Directives 20-07, 20-08 and 20-13
Dear Mr. Gascon:
The enhancement of a just criminal justice system is a goal in which all residents have a stake.
Toward that goal, the rule of law and the fundamental principles which govern criminal procedure
are of utmost significance. The City of West Covina is quite concerned that the special directives
promulgated by your office run counter to the greater good of public safety and protection of
victims' rights. In particular, we are concerned with Special Directives 20-07, 20-08 and 20-13.
As you know, Special Directive 20-07 (Misdemeanor Case Management) lists numerous
misdemeanor charges that will be declined or dismissed before arraignment and without conditions
unless "exceptions" or "factors for consideration" exist. These misdemeanor charges include
trespassing, disturbing the peace, criminal threats, drinking in public, drug and paraphernalia
possession, being under the influence of controlled substance in public, public intoxication,
resisting arrest, driving without a valid license or on a suspended license, minor in possession of
alcohol, loitering and loitering to commit prostitution. '
Special Directive 20-08 (Sentencing Enhancements/Allegations) pertains to sentencing
enhancements/allegations and eliminates several sentence enhancements, including the Three
Strikes Law, gang enhancements, and violations of bail.
Special Directive 20-13 (Conviction Integrity Unit) relates to case review criteria, access to
discovery, investigations in claims of wrongful conviction, and case resolution. This Special
Directive also provides that the Conviction Integrity Unit shall develop and maintain a database to
track errors and other causes of wrongful convictions uncovered in the course of its case review.
Pursuant to this directive, the database tracks official misconduct, including the names of law
enforcement officers found to have committed misconduct or whose testimony has otherwise been
proven to be unreliable.
It is the City's position that some of the Special Directives issued contradict state laws that were
enacted through the state legislature as well as the ballot initiative process to prevent and prosecute
crime and protect the general public. Policies that aim to restructure or amend prosecutorial
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directives need to be consistent with state law and issued with reasonable intent and priority to
enhance public safety and protect human rights, including the rights of victims.
Keeping West Covina residents safe is the highest priority for the City of West Covina, and these
Special Directives threaten that by effectively making it easier to commit crimes and not be
punished for those crimes. The directives negate core principles of justice and will erode the quality
of life in West Covina. We urge that they be rescinded.
Sincerely,
Letty Lopez Viado
Mayor
City of West Covina