Santa Clara: Legal attempt to change “biased” ballot measure on police chief job fails

The final attempt by a group of Santa Clara citizens to alter the wording of a ballot initiative that may lead to the replacement of California's last elected police chief was unsuccessful. Measure B, the subject of a legal action filed in the Santa Clara County Superior Court on December 18 by Satish Chandra, Joyce Davis, and Carolyn McAllister, asks residents if they want the city to change its police chief role from an elective position to an appointed one. The trio, two of whom were part of the seven-member Charter Review Committee that scrutinized the issue earlier this year, contended that the phrasing was “partial and unlawful” and did not address essential information concerning the current electoral nature of the police chief’s position.

However, on December 26, Judge Thomas Kuhnle denied their request to alter the ballot measure’s language, challenging their claim that the measure's wording was misleading. He stated that their grievances were decidedly not based on the words used but those left out, which they argue caused the measure to be partial. He dismissed their argument that the measure could be extended to include six words indicating that the position is currently elected by voters.

The residents' lawyer, Bradley W. Hertz from the Sutton Law Firm, expressed dissatisfaction with the court ruling, insisting that voters need to understand that a "yes" vote on Measure B would revoke their right to elect the police chief. A city spokesperson, Janine De la Vega, commended the ruling and its validation of the Charter Review Committee-approved ballot language.

When the city polled residents about Measure B, it was plagued by numerous bot responses, leading Councilmember Kathy Watanabe to describe the process as "corrupt". Both Watanabe and Mayor Lisa Gillmor oppose transitioning to an appointed police chief.

The current rules state that only a police officer living in Santa Clara can be elected as police chief. However, less than 10 city police officers fit this criteria, leading to limited choices, especially considering not all may be suited for the role.

In addition to Measure B, Measure A, which seeks to move the city clerk role from elected to appointed, will also appear on the ballot. Despite resembling Measure B in its wording, Measure A was not legally challenged. If neither measure passes, the next elections for the police chief and city clerk positions will be held in November 2024.