City Attorney Candidate Questionnaire: Gerrie Schipske

Tell us about your background and how it informs your decision to run for city attorney?

I have practiced law for over 32 years in a variety of settings — state, local, federal.  As a former City Councilwoman I worked extensively with the Office of City Attorney and understand the workings (and constraints) of local government. I also managed a major City bureau (Commercial Services) and so I know Long Beach inside and out. The City needs a City Attorney who understands and can respond appropriately.

Seeing as the City Attorney is an elected position, how would you balance your duty to the city as an institutional client with your duty to the residents who voted for you?

The City of Long Beach is the client of the City Attorney. That being said, the voters expect the City Attorney to ensure that the city government is open, transparent, and accountable. The voters also expect the City Attorney to protect the interests of the city by providing proactive risk management to prevent not just payout claims against the city. The current City Attorney and his staff react to risks and do not take any actions to prevent them.

Do you believe the City Attorney can be an agent of reform? Why or why not?

Absolutely. If you look at the other elected City Attorneys across California you see a world of difference from the Long Beach office. The City Attorney needs to be informative and proactive.

If elected, is there anything you would do to provide more transparency around civil lawsuits filed against the Long Beach Police Department, especially those that allege abuse of power and/or excessive force?

Yes, to the extent the law allows when the City Attorney defends the LB Police Department. I do believe that at the conclusion of these lawsuits, utilizing aggressive, proactive risk management, we can assess these lawsuits and disclose who occurred, the root causes of the problem and how the City is dealing with it so it can be prevented in the future. These assessments would be made public.

How would you improve efforts to gather and analyze civil litigation data related to the LBPD in ways that could inform the police department’s personnel and policy decisions?

Once again, engaging in Enterprise Risk Management there needs to be an assessment of prior cases and incidents to determine what occurred, the root causes (lack of training, lack of discipline, lack of supervision, lack of equipment, etc), the responses and what can be done in the future to prevent. This will inform the police department’s personnel and policy decisions and the public.

Have you taken campaign contributions from the police union and, if so, you plan to continue doing so?

No and I have encouraged my opponent to put a firewall between the LBPOA and the Office of City Attorney.

Long Beach currently does not have an ordinance governing the procurement and monitoring of surveillance equipment procured by city departments, including the police. We have reported on several instances where police have misused surveillance technology, including sharing data from license plate readers with federal immigration authorities in violation of the Values Act. Would you advise the city to put in place a surveillance technology ordinance to reduce its legal exposure?

As for any law under which the City must comply, I would inform of the requirements and assist the City Council in putting in place an appropriate ordinance.

If elected, how would you ensure that LBPD body camera video footage is quickly made public following incidents of police violence?

I would review the current departmental policy to ensure that it complies with the requirements of law concerning body cam video footage.

What are your thoughts on the concept of qualified immunity?

It is both a federal and state issue,  established so that government and its agents (employees, police and fire, etc) could perform their duties without being sued. Last year, California law was amended with SB 2 which allows individuals to sue who show that there was a “specific intent” to interfere with someone’s constitutional rights, or that the interference was “deliberate or spiteful.” While that is still a barrier, it is a step in the right direction.

Beyond training staff, is there an oversight mechanism you support to ensure city and elected officials are fully complying with public records requests?

As a former member of City Council who was often asked by the City Attorney if we had any emails pertaining to a specific request, I know there was no follow up to verify if we answered “no.” The City Attorney must provide training and follow-up reminders of the requirements of the California Public Records Act. Additionally, there should be a mechanism whereby the City Attorney can verify the answers of elected officials and departments that they have complied with the act.

How would you have advised the city on the Community Hospital lease deal with Molina, Wu, Network LLC?

I would certainly have reminded the City Council that Community Hospital is city property and as such can only be disposed of through the Surplus Land Act. Additionally, I would have advised that the contract placed the City in a risk situation whereby the tenant was in effect encouraged to run up expenditures to a level that matched or exceeded the value of the property. There were no caps for expenditures in the contract. Finally, the contract did not include the provision that all City contracts contain indicating that the City Auditor will audit and examine the expenditures. In this contract, the City Attorney gave audit authority (“if necessary”) to a private auditor selected by both the City and the MWN.
There are also no mention of mineral rights to this property. This was originally an oil drilling site and certainly because of the earthquake fault there, there is most likely oil underneath.

How would you enforce SB 9 and SB 10, state laws that allow for more housing density in California suburbs?

The appropriate city departments need to be provided the requirements of both laws to ensure that policies and procedures are in place.

What do you believe is the city attorney’s role in addressing homelessness?

As I warned in a press release recently, unless Long Beach steps up its efforts to address homelessness we may be sued as was done in the City of Los Angeles.  I have discussed this issue with people who are working with the homeless and they tell me repeatedly Long Beach does not have drug or alcohol detox and rehab programs sufficient to assist people who need them to stay off the streets. Currently case law requires the City to give homeless 48 hrs before they remove an encampment and the City must provide a place to stay. The City provides motel vouchers but this does not deal with the problems of how to get the homeless from returning to the streets and riverbeds. As City Attorney I would outline the legal requirements and risks for failing to follow the law in dealing with this issue. I would also convene a task force to communicate with the appropriate departments on updates of the law and to work with departments to remove obstacles in complying. I would also work with the departments on the new CARE Court Act which will allow the court to order care and treatment for a seriously mentally ill homeless person by obtaining conservatorship.