HomeMy WebLinkAboutAgenda Report - June 21, 2000 E-24CITY OF LODI COUNCIL COMMUNICATION
AGENDA TITLE: Request to Join in Amicus Brief in the case of Coun#y of
Sonoma. et al. v. California DeQartment of Finance, et a/. in
the Court of Appeal First Appellate District division One, 1
Civ. No. A089524
MEETING DATE: June 21, 2000
PREPARED BY: City Attorney
RECOMMENDATION: The City join the Amicus Brief in the case of Coun y of
Sonoma, et al. v. California Department of Finance, et al.
BACKGROUND: Amicus Briefs are filed in various actions which involves matters of
wide-ranging concern to provide information and additional
argument to the Court in order to assist the Court in understanding
all of the issues and arrive at a conclusion.
This case involves a successful challenge by the County of Sonoma to the State legislation that authorized
the ERAF property tax shift. Sonoma County was successful at the trial court level establishing that the
ERAF property tax shift constituted a reimbursable State mandate under Section XIII B 6 of the California
Constitution. As would be expected, the State has appealed the decision rendered by the Sonoma County
Superior Court. Sonoma County has asked the League of California Cities to coordinate an Amicus Brief
supporting the County of Sonoma's position. The brief in this matter is being prepared by the law firm of
Burke, Williams & Sorensen. As an aside I would point out to you that this is the firm for which John
Luebberke now works.
The brief to be prepared will support the County of Sonoma's legal arguments but will focus on the
historical development of the California Constitution of which the Gann Initiative (XIII B 6) is a most recent
expression. Simply stated, this history argues that the Constitution requires the State government to pay
for programs and services for which it is responsible under the Constitution and/or State law. The property
tax shift is therefore�as the County of Sonoma argues�a reimbursable State mandate.
FUNDING: Not applicable.
Respectfully submitted,
Ran all A. Hays, City Attory6y
APPROVED:
H. D' on Flynn -- City Manager