BY BARRY LEVINSON.
Fullerton resident Barry Levinson
UPDATE ON ORDINANCE NO. 3149 – WHIC PROTECTS CHILDREN FROM SEXUAL PREDATORS
WE STILL HAVE MUCH WORK TO DO (STARTING WITH THE NEXT CITY COUNCIL MEETING ON MAY 6TH) TO ENSURE OUR ORDINANCE REMAINS AN EFFECTIVE AND STRONG TOOL IN HELPING US KEEP OUR KIDS SAFE FROM SEXUAL PREDATORS
My wife Susan and I had been instrumental in getting Fullerton Ordinance No. 3149 (the Child Sex Offender Protection Law) passed in 2010. We also have been vigilant in protecting it since that time. We spoke out at the last council meeting to condemn the city for making the decision to not enforce the ordinance for the last year. And we are speaking out now to insist that the public has a role in ensuring that our ordinance does not get repealed but that it gets updated properly.
Please be assured that Susan and I will not rest until we know for sure that Ordinance No. 3149 remains strong and effective to protect the most vulnerable among us, our children! This is not a time to sit back and believe we have won! All of you must be present at our May 6th meeting to let the council, the city manager and the city attorney know that we strongly believe that a public study session must be held to allow for public comment and participation. This must take place before the council votes to accept the city manager’s and city attorney’s recommendations to direct the city attorney (with little or no specific guidance from council) to draft any and all changes and improvements to the Ordinance. We demand an open and transparent process to ensure the very best results. Although Susan and I are relieved that the repeal of Ordinance No. 3149 has been removed from the city’s consideration, we still believe the city has more work to do to ensure that this ordinance is amended and strengthened properly.
Accuracy and attention to detail must be followed to ensure that our amended ordinance makes for a strengthened and effective law. The agenda as seen at: http://ci.fullerton.ca.us/about/meetings_live.asp (click on agenda) displays a number of significant errors.
Agenda Item No. 15 begins as follows:
“In the 1990’s, the federal and state governments enacted various pieces of legislation intended to protect minors from registered sex offenders including megan’s law adopted at the federal level in 1996 and chelsea’s law and the voter-approved Jessica’s law adopted at the state level.”
Fact: Chelsea’s Law was not enacted in the 1990’s as stated above but rather was signed into law by Governor Schwarzenegger in September 2010.
Fact: Jessica’s Law also known as Proposition No. 83 was passed by a vote of the people of California on November 7, 2006 – not in the 1990’s as stated in the agenda item. It was passed by a direct vote of the people agenda item as well. It does not give me comfort that these rather significant errors have been overlooked by our city manager and city attorney and issued as a formal city document.
To summarize, I need dozens of people to attend the May 6th meeting starting at 6:30 PM. Please do not assume others will attend and your presence is not necessary. It is not only necessary, it is vital that you come and speak up for the rights and safety of our children.
Why would the city manager, the city attorney and a majority of our city council be against a public study session that would both allow for the people’s participation and allow for the free flow of factual information that people like myself possess?
#1 by Barry Levinson on May 8, 2014 - 10:59 am
Anonymous:
Susan and I were informed of the city’s intention to consider repealing Ordinance No. 3149 by our Police Chief, Dan Hughes, on April 2nd, 2014 while in his office.
I then phoned our City Attorney, Dick Jones and left a message to have him call me. One of his attorney’s, James Touchstone called me back a few days later. I asked Mr. Touchstone specifically if the city attorney was recommending to the city that it repeal Ordinance No. 3149 in its entirety. He would not deny that the city attorney had provided that recommendation to the city.
Anonymous, you would have to ask Joe Felz, Fullerton City Manager why the city never made clear the options the city was considering to the public at large. That question only he could answer.
However, if you follow the actions of our City government, it is not unusual for them to only provide the minimum information that is legally necessary for them to divulge to the public vis a’ vis the Fullerton City Council Agenda Forecast. This forecast is a list of upcoming agenda items that can be found toward the end of the current city council agenda memo. It lists those items that are on the agenda for the next two meetings to follow the current city council meeting. With regards to the Ordinance, the Forecast stated as follows: “Sex Offender Ordinance”. Nothing more!
I would suggest that if you would like the city to be more forthcoming about its upcoming agenda items that you and others call and write to Joe Felz, our City Manager and to all 5 City Council members as well. Most people love to continue doing things the same way because that it way it has always been done. It very often takes public pressure to make any bureaucracy change for the better.
#2 by Roger on May 12, 2014 - 10:19 pm
Mr. Levinson, I appreciate you and what you stand for.