HomeMy WebLinkAboutMINUTES - 09261989 - 1.15 To: BOARD OF SUPERVISORS
FROM County Counsel Contra
cbs Ca
DATE: September 20, 1989 Ca^
SUBJECT: Unfunded State Mandates
SPECIFIC REQUEST(S) OR RECOMMENDATION(S) & BACKGROUND AND JUSTIFICATION
Contra Costa County has been asked to join the amicus curiae
briefs of Kern County in two cases involving unfunded state
mandates. Government Code section 17556 (d) provides that state
imposed costs are not mandates if local agencies can levy
increased fees, assessments or service charges to pay for them.
In County of San Bernardino v. State of California and County of
Fresno v. Department of Finance, the Counties claim that section
17556 (d) is unconstitutional, and that state mandates cannot
lawfully be funded by compelling local governments to levy
increased fees .
County Counsel recommends that the Board of Supervisors
approve Contra Costa County joining as amicus curiae on the .Kern
County briefs .
AWW:da
CONTINUED ON ATTACHMENT: YES SIGNATGRE; -
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RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOAA COMMITTEE.
APPROVE OTHER
S I GNATURE(S 1:
ACTION OF BOARD ONy7-��—fd 6 'Q � APPROVED AS RECOMMENDED L OTHER
VOTE OF SUPERVISORS
I HEREBY CERTIFY THAT' THIS IS A TRUE
X UNANIMOUS (ABSENT AND CORRECT COPY OF AN ACTION TAKEN
AYES: NOES: AND ENTERED ONiTHE MINUTES OF THE BOARD
ABSENT: ABSTAIN* OF SUPERVISORS ON THE. DA�+TE SHOWN.
CC: County ,Administrator ATTESTED SEPn2 U 1909
County' Counsel PHIL BATCHELOR, CLERK OF THE BOARD OF
SUPERVISORS AND COUNTY ADMINISTRATOR.
M382/7-83 BY ��� ,DEPUTY