PLACERVILLE, Calif. — El Dorado County has asked a judge to determine whether a proposed citizen-backed ballot initiative that could restrict the Board of Supervisors’ authority over employee compensation is constitutional.
According to a news release issued March 11 by the county’s Chief Administrative Office, the county filed a complaint for declaratory relief Feb. 26 in El Dorado County Superior Court seeking clarification about the legality of the initiative before it proceeds further in the election process.
The proposed measure was submitted to the county Elections Office on Feb. 13, beginning the process for supporters to circulate petitions and gather signatures required to place the initiative on a future ballot.
Under California law, county counsel must prepare a ballot title and summary within 15 days of an initiative’s submission so proponents can begin signature gathering.
County officials say they believe the initiative may violate the California Constitution because it could limit the Board of Supervisors’ authority to determine employee compensation — a power the county says is reserved to the board.
“We believe case law and other legal authority clearly demonstrates this is invalid under the California Constitution and had hoped to resolve this matter informally with the proponents,” said Janeth SanPedro, assistant county counsel, in the statement. “Without their voluntary withdrawal of the petition, we are left with no choice than to ask the Court to clarify whether the proposed initiative is valid and defer to its ruling and proceed accordingly.”
County counsel said staff attempted to resolve the matter with the measure’s proponents prior to filing the lawsuit in order to avoid the time and expense of circulating a potentially invalid initiative.
State law requires the county to file a legal action for declaratory relief when it seeks a judicial ruling on the validity of a proposed initiative. In such cases, the initiative’s proponents are named as defendants.
The county’s lawsuit asks the court to determine whether the measure may legally proceed through the initiative process or whether it conflicts with constitutional limits on local legislative authority.
Public reaction has been divided. Some residents and taxpayer advocates argue the proposal is intended to address concerns about county employee salaries and oversight, while critics say legal challenges could undermine the public’s ability to bring initiatives to voters.
A copy of the complaint filed with the court was made publicly available through the county as part of the announcement.
If the court allows the measure to proceed, supporters would still need to collect enough valid signatures from registered voters to qualify the initiative for the ballot.
Various Public Comment –
Chris Cockrell
This is why so many people in El Dorado County do not trust the local government!! They do not want your opinion and certainly do not want to people criticizing their raises and management of salaries across the county. Taxpayers Association of El Dorado County
Ron Briggs
While I think it reckless and stupid to tie 504 to any bargaining units or employee. I don’t think it illegal.
For a majority of the board to initiate legal action to frustrate citizens while protecting their buddies is worthy of a recall and rejection of any candidate who aligns themselves with the Supervisors who voted in favor of frustrating voters
Mark Weiner
This press release fails to explain the purpose of the petition and its proponents arguments. County residents would be best served if its local government could acknowledge the substance of complaints by its citizens. That is just sound communication practice. Instead, all we get is a message of the power and authority of the government. This “good government” request is particularly apt in these circumstances because the petition is about the excessive salaries of county personnel, including its lawyers. I cannot believe that my supervisor, Brooke Laine, would approve of such a heavy-handed public communication release.
Lee Tannenbaum
Mark Weiner So much more to it than your comments. 504 was a voter approved measure. The county has no issue approving a citizen led measure if they agree with it, yet will fight it (at our expense) tooth and nail if they disagree.
The measure, simply put, is asking the voters to restore 504 to what it was when we voted for it in the 90’s.
The county may get more than they asked for. If this goes to trial, the judge may rule that the voters intended 504 to be for LE only and force the county to remove all other attachments.
CA law clearly states that with a citizen led ballot measure, the county/state must remain neutral. Clearly they are not remaining neutral.
I have more, but am about to publish an article on this exact topic.
Interested in learning more? Follow us Taxpayers Association of El Dorado County. Want to get active, join us. https://www.taxpayersedc.org
Patrick Delaney
No government city, county, state or federal court has the right to decide, regulate, change or modify the Constitution of the State of California. None have the jurisdiction over “We the People!”Don’t participate, don’t support by paying taxes on 4/10! No county government has the Constitutional right to tell “We the People” what we can and cannot do on our property, they are Public Servants! It’s about time they remember this!! It’s time to replace our corrupt government! 🙏🏻
Shelby Gordon
Patrick Delaney ehhh we the people only own the land if we pay taxes. We the people can be told what goes on a property. I don’t like it but it’s true
Dale Rrwr
I always thought that the constitutional right of Californians to obtain sufficient support for ballot initiatives in general elections was sacrosanct.
Maria Capraun
The County lower level, not management, don’t have high salaries but good benefits. It’s the top of the food chain, is the issue. Other counties pay higher wages. I think the bill is a good idea.
Chris Cockrell
Maria Capraun why in the hell are DOT management making $350k plus with benefits?? Are the supervisors really that naïve, and not realizing that our salary money are being spent on two of high-end employees that it shouldn’t be needed for the same or quality worker. Also at DOT you have a person who is the manager, but you have two individuals under him for the Basin and then Western slope. You only need one cut one of them!
Sheree Ricketts
My take ( not worth much)
Boils down to the BOS want the power to give unlimited raises to themselves and the broke citizens are pushing back.
Keep pushing back folks.
The BOS should not be allowed to sue their constituents.
They hold a public office and therefore all they do is questionable by the people they are supposed to represent in my humble opinion.
We need to be explained to and educated by them on every single dollar they spend supposedly on our behalf.
Jill Moffett
This was voted in by the people can only be voted out by the people of California. So a waste of taxpayers dollars to pursue any litigation.
Cyndi Hynes Duran
So in other words they can approve pay raises without our in put? Am I understanding this correctly
A.J. Malidore
Sounds like a crooked county if only the BOS is allowed to approve their own salary hikes. Where’s the oversight? Why is the county afraid of oversight?
