Long Beach City Attorney Candidate Questionnaire 2022

37 minute read

What’s a City Attorney?

Simply put, the City Attorney is the city’s chief legal officer. Two of the office’s biggest responsibilities are preparing ordinances (laws within the city) and representing the city in lawsuits. Other responsibilities include: Providing legal assistance to various city offices, preparing formal contracts and leases, and providing legal advice to the City Council and all committees, commissions, and boards. The charter also gives the city attorney the power to investigate and enforce, on behalf of the City, all provisions of the City Charter. The charter gives the city attorney the right to weigh in on any matter under consideration by the City Council. 

When’s the next election?

The election for Long Beach City Attorney will take place on June 7. There are only two candidates running meaning there will be no runoff: whoever gets the most votes wins. For information about how to vote, you can visit the City Clerk’s website and the state’s voter status portal

Who’s running?

The city’s current City Attorney, Charles Parkin, is retiring meaning there is no incumbent in this race. The candidates, in alphabetical order, are: Assistant City Attorney Dawn McIntosh and Administrative/Regulatory Attorney Gerrie Schipske. Schipske answered our questionnaire and McIntosh did not. We extend our thanks to the candidate who submitted answers.

Why a questionnaire?

Each election since our founding, FORTHE has committed itself to providing space for local candidates to introduce themselves and communicate their views on important topics to our readers. This election is no different. We sent our questionnaire to the 35 candidates running for local office. We crafted specific questions for each race based on our previous reporting and deep research into the issues affecting Long Beach, including the environment, public health, police accountability, and housing and homelessness. We also asked about each candidates’ campaign finances. 

Below you’ll find our City Attorney candidate questionnaire and abbreviated versions of the candidate’s answers. You can click on the excerpt to view the full answer. Please note that answers have been lightly edited for grammar and spelling.

Tell us about your background and how it informs your decision to run for City Attorney?

Gerrie Schipske

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.

Tell us about your background and how it informs your decision to run for City Attorney.

Gerrie Schipske

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.

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?

Gerrie Schipske

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.

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?

Gerrie Schipske

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.

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

Gerrie Schipske

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.

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

Gerrie Schipske

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?

Gerrie Schipske

Yes, to the extent the law allows when the City Attorney defends the Long Beach 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.

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?

Gerrie Schipske

Yes, to the extent the law allows when the City Attorney defends the Long Beach 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.

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?

Gerrie Schipske

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.

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?

Gerrie Schipske

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.

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

Gerrie Schipske

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

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

Gerrie Schipske

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 city's procurement and use of surveillance equipment. 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?

Gerrie Schipske

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.

Long Beach currently does not have an ordinance governing the city's procurement and use of surveillance equipment. 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?

Gerrie Schipske

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?

Gerrie Schipske

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

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

Gerrie Schipske

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?

Gerrie Schipske

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.

What are your thoughts on the concept of qualified immunity?

Gerrie Schipske

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?

Gerrie Schipske

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.

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

Gerrie Schipske

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.

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

Gerrie Schipske

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.

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

Gerrie Schipske

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.

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

Gerrie Schipske

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

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

Gerrie Schipske

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?

Gerrie Schipske

Unless Long Beach steps up its efforts to address homelessness we may be sued as was done in the City of Los Angeles ... 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.

What do you believe is the City Attorney’s role in addressing homelessness?

Gerrie Schipske

Unless Long Beach steps up its efforts to address homelessness we may be sued as was done in the City of Los Angeles ... 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.

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[1] Militarily demobilized. Since WWII—which was both the death knell of European colonial empires as well as the starting shot of the American neocolonial era—Europe has had notoriously scant standing armies, and has been able to consistently slash government military spending domestically and as a percentage of their contributions to international diplomatic bodies such as the UN. This is because nowadays European nations very rarely find themselves in situations where they need to independently send their militaries abroad in order to secure trade routes, foreign resources, or privileges within markets overseas; the U.S. has been fulfilling that hard-power obligation for them for over half a century. The social results of Western Europe’s decreased militarization are striking, especially when contrasted with the U.S.: there is not a single country in Western Europe without universal healthcare, labor rights and welfare systems are strong, value is placed on corporate and financial regulation, environmental policy is lightyears ahead, and, not least of all, there is a robust governmental approach to curbing digital surveillance and reining in tech monopolies. Japan enjoys a similar arrangement with the U.S. in which it, too, is militarily demobilized yet is given full access to, and prominence in, the global economy. In the last decade there has been a reversing trend of remilitarization in some of these nations. That trend was hastened during the last four years as a result of Trump’s ultranationalist politics, but is likely to continue even after his departure in large part due to the growing bipolar geopolitical climate of competition between superpowers.

The “owner” bit of home-“owner” appears in scare quotes throughout the text for reasons that will shortly become apparent.

Nothing signals trouble quite like consensus.

More on them later.

And, anyways, what exactly remains “obvious” in an era “post-truth”?

I take as my starting position that even the “obvious” must be won.

It’s like Lenin said, you know…

Whether directly, or through a chain of investments, or through the wider speculative market in real estate.

I use “banks” in this piece as a stand-in for several sources of income that derive partly through the mortgaging of property and/or investment in institutions that have the power to mortgage property.

That is just its “ideology.”

The Ricardian “law of rent” explains that any location with an advantage over another location, can accrue an economic value, called “rent,” to the owner.

This happens without the owner needing to pitch in to create the advantage.

If the owner does pitch in, then the value accrued from that advantage cannot be called “rent.”

“Rent,” in economic terms, is only, precisely, the value accrued from that portion of the advantage for which the owner is not responsible. That is what we mean when we say, “Rent is theft.”

This does not mean places with lower property taxes ipso facto have higher property prices—and that is because the property tax is only one of the contributing factors. You could have zero taxes on land in Antarctica, for instance, and it would still sell for $0. This is why the introduction to the analogy controls for such variables.

This is the logical conclusion of believing two premises:

(1) All humans have an equal right to the Earth.
(2) Vaginal birth is a lottery system

Prop 13 is rent control for home-“owners.” You can learn more about its history and impact here.

“Hamlet” by William Shakespeare. Act 4, Scene 5

This is why the lobbyists who spend the most money to support the mortgage interest deduction are bankers, mortgagers, and realtors.

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