Gutierrez Campaign Signs Mislead, Neighbors Say

Gutierrez’s Campaign Signs Upset Some Residents Who Claim He is Misleading Them Into Believing They Are Voting for Mayor

CATHEDRAL CITY — It would not be campaign season if there wasn’t sone brouhaha over campaign signs, a longstanding staple of the election cycle.

And so, it is in Cathedral City, the Coachella Valley’s second largest city, where we find another ruckus about what else? Campaign signs. Those of Ernesto Gutierrez to be precise.

Seems the Councilmember, who is seeking a third term, is encouraging residents to elect him for mayor. Therein lies the rub. Thers is no position open for mayor.

At least one resident, Terry Applegate, wrote to city staff regarding this as residents have not voted for a mayor since 29

In November 2016, Cathedral City voters changed its status from a general law city to a charter city. This became effective Jan.1, 2017. In the document entitled “Charter City of Cathedral City”, Section 603 states:

Mayor and Pro Tem. Effective at the end of the current term of the elected Mayor, the position of Mayor shall become an appointed, rotating position. The City Council at the first meeting in December each year, shall appoint a Council Member to serve as Mayor for a one-year period on a rotating basis. After the City Council appoints the Mayor, at the first meeting in December each year, the Council shall appoint a Council Member to serve as Mayor Pro Tem for a one-year period on a rotating basis. The process for appointment of the Mayor and Mayor Pro Tem shall be implemented by ordinance of the City Council in accordance with this Section.

“I stated that I thought this was an act of disinformation and asked the city to take appropriate action,” Applegate said.

“I received a response from City clerk Christina Burton, saying that ‘although the City does not enforce this section of the Elections Code, the City has informed Mr. Gutierrez of its requirements.’

Gutierrez currently serves as mayor pro ten. If he is reelected in November as a Cit Councilmember, he will rotate unto the mayor’s position for one year.

He told Uken Report in a telephone interview that he has corrected the smaller signs but the larger signs are  proving  to be a challenge.

“There is no conspiracy,” Guterrrez said.  “I’ll change the signs.  I’ve already changed the small ones. I don’t want a bunch of chaos and have people attacking me for crazy things. I will be mayor. Nothings is going to change that. I will be mayor.”

There are penalties for candidates who mispresent themselves:

a) A person is guilty of a misdemeanor who, with intent to mislead the voters in connection with his or her campaign for nomination or election to a public office, or in connection with the campaign of another person for nomination or election to a public office, does either of the following acts:

(1) Assumes, pretends, or implies, by his or her statements, conduct, or campaign materials, that he or she is the incumbent of a public office when that is not the case.
(2) Assumes, pretends, or implies, by his or her statements, conduct, or campaign materials, that he or she is or has been acting in the capacity of a public officer when that is not the case.
(b) A violation of this section may be enjoined in a civil action brought by a candidate for the public office involved.