HomeMy WebLinkAboutMINUTES - 05141985 - 1.3 (2) TO: BOARD OF SUPERVISORS
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FROM: Phil Batchelor, County Administrator Costa
DATE: May 7 , 1985 County
SUBJECT: Legislation: AB 2139 (Harris)
SPECIFIC REQUEST(S) OR RECOMMENDATION(S) & BACKGROUND AND JUSTIFICATION
RECOMMENDATION:
Adopt a position of opposition to AB 2139 by Assemblyman Elihu
Harris which would increase the level of evidence required in
order for a court to support decisions made by the Board of
Supervisors.
BACKGROUND:
Under existing law, decisions made by the Board of. Supervisors
may be reviewed by a court to determine whether there was any
prejudicial abuse of the Board' s discretion. Under current
law, the court can establish abuse of discretion if the court
determines that the findings are not supported by the weight of
the evidence. AB 2139 would, instead, require that the court
impose a much more stringent requirement by authorizing the
court to find an abuse of discretion if the findings are not
supported by "clear and convincing" evidence. This is a much
higher standard than "weight of the evidence" . It would have
the effect of removing some level of discretion from the Board
of Supervisors ' decision-making authority, and would require
extensive documentation of the evidence presented to the Board
in order to support the Board' s decision in any judicial
review.
To the extent that the bill tends to substitute judicial review
for the discretion of the Board of Supervisors, it appears to
be an inappropriate intrusion on the Board' s decision-making
process. County Counsel recommends that the Board oppose AB
2139, and this office concurs with that recommendation.
CONTINUED ON ATTACHMENT: YES SIGNATURE: A/"
X RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE
X APPROVE OTHER
SIGNATURE(S)
ACTION OF BOARD ON May 14, 1985 APPROVED AS RECOMMENDED OTHER
VOTE OF SUPERVISORS
UNANIMOUS (ABSENT ) I HEREBY CERTIFY THAT THIS IS A TRUE
AYES: NOES: AND CORRECT COPY OF AN ACTION TAKEN
ABSENT: ABSTAIN: AND ENTERED ON THE MINUTES OF THE BOARD
County Administrator OF SUPERVISO ON THE DATE SHOWN.
CC: County Counsel ATTESTED S
Assemblyman Elihu Harris
PHIL BATCHELOR, CLERK OF THE BOARD OF
SUPERVISORS AND COUNTY ADMINISTRATOR
M382/7-83 BY DEPUTY