[CRNMC] What Ben Price of CELDF said about the supes not endoding Measure S

[agnes at mcn.org]

Ed and Baile,
     Should we send Ben's response to Dan Hamburg?

Cheers,
Agnes

> Sounds like it is getting back to my original email regarding Norman de
> Vall's recomendation that we need to be proactive to assure the
> codification of Measure "S" into county law.
>
> Norman was a supervisor for a long time and I figured there was
> justification to his concern.
>
> Thoughts ?
>
> with love
>
> baile
>
> On Dec 26, 2014, at 8:53 AM, edward Oberweiser wrote:
>
>> edward Oberweiser <edoberweiser at gmail.com>
>>
>> Dec 24 (2 days ago)
>>
>> Hi Ben,
>>
>> Here is what one of our County Board of Supervisors is telling us.
>>
>> Ed Oberweiser
>>
>> Hi Agnes,
>>
>> I didn't mean to imply that three votes will lead to codifying Measure
>> S.
>> What I was saying was that three votes could codify a ban on fracking in
>> the
>> County.
>>
>> I don't believe the broader proscriptions described in "S" can be
>> codified
>> since they run so directly against state and federal law.  There is also
>> the
>> issue of an initiative addressing more than single subject (which is
>> apparently a flaw in the drafting of "S").
>>
>> Prior to the November election, Sups. McCowen and Brown wanted to send
>> "S"
>> to the Superior Court to determine its constitutionality; however, a
>> Board
>> majority voted to allow it to go to the ballot regardless of the
>> potential
>> for a state and/or federal constitutional challenge.
>>
>> Now that "S" has passed overwhelmingly, I would like to see the original
>> anti-fracking measure come back to the Board.
>>
>> I will talk with County Counsel to make sure I'm right about these
>> matters.
>>
>> Dan
>>
>> Ben Price
>> to Shannon, me
>> Ed,
>>
>> I think you need to arrange a conference call with Shannon Biggs - and
>> I'll join in if it helps --  to discuss why the Supervisors don't have
>> a legal option to pick and choose what they enter into the code. If
>> they or another party want to challenge the legality of the community
>> bill of rights, or any part of it, there are legal avenues to do so.
>> They may not assume the authority of a judge and jury and in their own
>> judgement chop up the CBoR to suit their own taste.
>>
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>
>
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