SAN DIEGO CITY ATTORNEY BRIGGS: I WILL RESTORE PUBLIC CONFIDENCE IN THE JOB
Incumbent Mara Elliott and challenger Cory Briggs, both Democrats and longtime lawyers, received the most votes in the spring primary to advance from a field of three candidates to a fall runoff election in the San Diego city attorney’s race. Below are th
Q:How will you ensure a sports arena redevelopment proposal or any other city deal does not suffer from the same inattention as the 101 Ash Street debacle? A:
It starts with a new ethic in the City Attorney’s Office: transparency, competency, putting taxpayers first. For starters, all investigators’ memos about how our elected leaders got us into the 101 Ash mess in the first place should be made public so we know what mistakes were made and ensure they never happen again. Cover-ups are costly.
Additionally, I will develop an easy-tounderstand disclosure form that my staff will use when reviewing contracts over $25,000. It’ll explain the contract’s pros and cons. It’ll verify whether or not the contract includes all necessary taxpayer protections. It’ll be posted on our website at least two weeks before the contract comes up for approval so anyone interested, especially the public, can see our analysis and offer feedback in time for us to update the analysis if warranted. The best way to prevent debacles like 101 Ash is to be fully transparent, solicit input from bright minds looking out for taxpayers and make corrections before it’s too late. Lastly, I will put taxpayers first on everything. When The San Diego Union-Tribune asked my opponent last month why she approved the 101 Ash lease despite disastrous legal language on the first page, she said she didn’t want to create chaos for the mayor and City Council. We now know her decision hurt taxpayers.
Putting taxpayers first means I won’t hesitate to tell the mayor and City Council whenever I see a problem. Inconvenience for politicians should never trump protections for taxpayers.
Q:
Describe the relationship you expect to have with the City Council in 2021. A:
Professional, respectful, cordial, collaborative and diligent. Accessible, objective, transparent and trustworthy.
Q:
How will you approach short-term vacation rentals in 2021?
A:
The city attorney’s proper role is limited to enforcing the law, not writing the law; that’s for the mayor and City Council to do.
STVRs are currently prohibited by the municipal code, but the law has never been enforced by the city attorney. Based on the law on the books today, I will send ceaseand-desist notices to STVR operators, starting with the online booking services and the biggest offenders and then working my way down the list.
For anyone who does not come into compliance within 30 days, I will commence judicial enforcement proceedings (which does not require the approval of any other branch of government because the law is already on the books and the city attorney already has independent prosecutorial authority).
For those who do not like the law, their best bet for changing it is to have today’s law enforced so the public will have a solid understanding of the choice being considered by the policy-makers: either maintain the prohibition, or end it and allow some level of STVRs.
Without enforcement of the law as it currently exists, the public is understandably confused because clearly illegal conduct is clearly being allowed to fester.
Q: client?
A:
The city attorney represents the city as an entity. However, the city attorney’s loyalties are owed to the voters and taxpayers and they are who the city attorney must look out for first and foremost. The city attorney, the mayor and the City Council are members of the same team and each plays an important but unique role in making sure the team is successful — that is, accomplishing what benefits the public rather than what benefits politicians and special interests.
As part of this team, the city attorney ensures that the mayor and City Council are educated about the law, abide by the law as they carry out the public’s business, and follow proper legal procedures and do not violate anyone’s legal rights when making new laws. As long as the mayor, the City Council and their employees follow the rules, they have wide latitude in carrying out the public’s business.
Who does the city attorney represent? Who is the city attorney’s
In this regard, the only time there should be even the slightest conf lict among the team’s members is when the other two branches are not following the law. The city attorney is essentially the gatekeeper against bad behavior, protecting taxpayers from the costly adverse consequences of an executive or legislative branch that’s not in compliance with the law.
Q:
What will be your top priority, if elected?
A:
Restoring the public’s confidence in the city attorney’s integrity, competency, transparency, objectivity, professionalism and commitment to consistent, evenhanded enforcement of the law. The public is rightly concerned that nobody is minding the store and that the only people who ever pay for wrongdoing at City Hall are the taxpayers. I will restore public confidence not only by doing as noted in my answers to your other questions.
I will also establish an Anti-Corruption Unit to prosecute public officials who break the law (which is why I’ve refused to endorse or accept endorsements from any elected official, candidate for office, lobbyist, city contractor, etc.). And I will establish a Residents’ Advisory Committee that meets monthly, in public, so I can get real-time input from the communities I serve about their respective legal needs and whether my office is meeting expectations, is falling short, or needs to change course. The public must be able to talk to their city attorney regularly and candidly.
That’s how I’ll be held accountable throughout my term, and that’s how together we’ll guarantee that the public’s best interests are served.