In 2008, a ballot measure made Chula Vista’s city attorney an elected position. Before then, the city’s top lawyer was appointed by the mayor and city council.
The argument for electing the position was that an independent lawyer, chosen by the people, would be free to fight unethical behavior in city hall. The argument against elections was that candidates having to deliver campaign speeches, solicit contributions and make promises when seeking votes would make the position even more political.
Rudy Ramirez was on the Chula Vista City Council when this played out.
“I was against it because I recognized that the voters aren’t really equipped to select a professional role at City Hall,” he said. “The city attorney needs to be a professional individual, someone with experience. Not someone who can appeal to voters in an election.”
His thinking was that elections make the position inherently political – especially when political parties get involved. The city attorney should be selected on qualifications and experience instead of party affiliation and endorsements.
The 2022 City Attorney election, Ramirez said, proved his point.
“I mean, the evidence is clear,” he said. “In this last election, the voters elected a person who had been deceased, a person who passed away unfortunately. And the political parties got involved.”
The 2022 election of Simon Silva, who died unexpectedly of cancer before the election but after his name could be removed from the ballot, is why Chula Vista is having a special election on Nov. 7. Democrats endorsed Silva, a member of their party anyway, because his win would trigger a special election when another Democratic candidate would have a shot.
The special election will cost Chula Vista taxpayers between $1.4 and $2 million. There are three candidates on the November ballot, which means there’s a likely chance of a runoff election, which will add to the expense.
The candidates
Two candidates have worked in the Chula Vista City Attorney’s office before — Marco Verdugo was an intern in the office when he began his legal career in 2011, and Bart Miesfeld served as the last appointed city attorney from 2008 to 2010.
After interning in Chula Vista, Verdugo went on to work as a deputy city attorney in San Diego. He currently works in a private law firm that provides legal services to local municipalities and serves as deputy city attorney of both Coronado and Solana Beach.
“I know what issues big cities face and the issues that smaller cities face,” he said. “I’m prepared to handle anything Chula Vista is facing in the coming years.”
Verdugo said his decades of experience in municipal law make him an ideal candidate.
“We are advising the city in all aspects of city business,” he said. “From day-to-day operations, routine contracts, anything from a landscape maintenance agreement to a large development agreement.”
Miesfeld started his legal career as a trial attorney for a private law firm. He joined Chula Vista’s City Attorney Office in 1998 to help build its litigation branch.
That transition from private sector to civil servant was rewarding, he said.
“When you’re in private practice, it’s disputes between people and entities about money,” he said. “I could be a really good attorney and save people money or make people money, but when I went to the city of Chula Vista, it was a different mindset.”
Miesfeld worked his way up the ranks of the city attorney’s office, from assistant city attorney to senior assistant city attorney and finally was appointed city attorney in 2008.
Miesfeld worked with Silva, and was inspired to run after his untimely death.
“One of the reasons I want to do this job is out of respect for my colleague,” he said.
If elected, he’d like to make the office more transparent and public records more accessible.
“People have the right to know how their city is being run,” he said.
The third candidate, Dan Smith Diaz, lost the 2022 City Attorney election by 679 votes — out of a total 59,975 votes cast.
Before that November election, Smith Diaz was very critical of the fact that the local Democratic Party told supporters to vote for Silva even though he had passed away.
“I don’t have any political connections,” he said. “I’m not looking for individual endorsements because I don’t want to owe anybody anything.”
Smith Diaz started his law career as a federal public defender and currently has his own private practice in Chula Vista.
“I know how to litigate,” he said. “I’ve been a litigator my entire career and that means going to court, actually trying jury cases and winning them.”
Smith Diaz said he can also tackle other aspects of the law.
“Any good lawyer knows that they are going to face situations that they don’t know everything about,” he said. “Anybody that tells you they know everything is simply lying to you. I think I come in with a fresh set of eyes.”
Smith Diaz also touted his business experience. He started a pedicab business with four cabs that expanded into Denver, San Francisco and Houston.
Chula Vista voters will receive ballots starting Monday for the special election. They have until Nov. 7 to cast their votes.
