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TOTTEN v. BOARD OF SUPERVISORS

No. B182733.

43 Cal.Rptr.3d 244 (2006)

139 Cal.App.4th 826

Gregory TOTTEN, as District Attorney, etc. et al., Plaintiffs and Respondents, v. BOARD OF SUPERVISORS OF the COUNTY OF VENTURA, Defendant and Appellant.

Court of Appeals of California, Second District, Division Six.

May 18, 2006.

Attorney(s) appearing for the Case

Noel Klebaum, County Counsel, County of Ventura, Matthew A. Smith, Assistant County Counsel. Steven L. Mayer; Howard, Rice, Nemerovski, Canady, Falk & Rabkin, San Francisco, for Appellant.

Jennifer B. Henning, CSAC Litigation Counsel, California State Association of Counties, Amicus Curiae for Appellant.

William H. Hair and Meghan B. Clark, Oxnard, for Gregory Totten and Bob Brooks, Respondents.

Amy Albano, City Attorney, City of Thousand Oaks, Tim W. Giles, Assistant City Attorney, for City of Thousand Oaks, Respondent.

C.D. Michel, Glenn S. McRoberts; Trutanich & Michel, Long Beach, for Citizens for a Safe Ventura County, Respondent.

David R. LaBahn, Executive Director, George W. Kennedy, District Attorney of Santa Clara County Chair, Appellate Committee and William W. Larsen, Special Assistant District Attorney, Amicus Curiae for Respondents.

Jones & Mayer; Martin J. Mayer, Fullerton, and Michael R. Capizzi, Santa Ana, Amicus Curia, for Respondents.

Thomas W. Hiltachk; Bell, McAndrews & Hiltachk, Sacramento, Howard Jarvis Taxpayers Association, Amicus Curiae for Respondents.

YEGAN, J.

Here we conclude that the electorate cannot, by initiative, in a general law county, enact an ordinance prescribing minimum future annual budgets for county public safety agencies. Such an ordinance exceeds the electorate's initiative power and is constitutionally invalid.

The Board of Supervisors of the County of Ventura appeals from a stipulated judgment entered in favor of respondent officials of Ventura County public safety agencies: Gregory...

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