California County News

Early Start: Two Challengers Look to Knock RivCo Supervisor Buster from His Seat

Riverside County will likely face an $80 million deficit in the next fiscal year and calls for pension reform will be a major sticking point as officials grapple with how to address the county’s budget woes. Supervisor Bob Buster has gone so far as to call for an across-the-board 5 percent pay cut and has posited that his tough stance toward the county's public employee unions is necessary in light of the deficit. However, as the county weighs how to deal with its budget, voters will have to weigh who they think will best manage the county’s fiscal issues and come June 5, 2012, Supervisor Buster will have two challengers for his seat. The election is far in the future but during these tough economic times the competition already looks to be fierce. Buster has emphasized that the tough budget situation and poor economy demand his experience and that a change would be unwise at this point. Buster is running for his sixth term on the county's governing board and he is being challenged by Assemblyman Kevin Jeffries, R-Lake Elsinore, and retired California Highway Patrol Lt. Mike Soubirous. Buster’s rivals are calling him divisive and confrontational. The North County Times reports on the upcoming race:

“UC Riverside political science professor Shaun Bowler said the contest, as it is shaping up, promises to be an interesting one. At this point, Bowler gives Buster the edge. Bowler said that is because Jeffries, a three-term state Assemblyman, is known primarily in Southwest County and lacks significant name recognition in Riverside. He said that although Soubirous is backed by the well-funded sheriff deputies' union, the Riverside Sheriffs' Association has had minimal recent success promoting its causes. Representing 3,200 deputies, investigators, probation officers and deputy coroners, the union pumped hundreds of thousands of dollars into the campaigns of Buster opponents in 2004 and 2008, and lost.”

Buster has fought back already by arguing that his challengers are exactly what’s wrong with local government because Soubirous is backed by the deputies union and Jeffries is “looking for a place to roost” since he will be ineligible for another term in the Assembly. See more about how the upcoming race will shape up here.

Sonoma Officials Report Controversial ID Policy is Effective; Mexican IDs Recognized as Valid

In October we relayed that authorities in Sonoma County announced that Mexican consular cards (known as Matrícula cards) would be accepted as a valid form of identification in the county, which was a decision that immigrant rights advocates celebrated. The change in policy was notable (and controversial) because it means illegal immigrants pulled over for minor infractions will no longer be arrested for not having valid identification, as many immigrants are ultimately deported under such circumstances. In an update, officials in the county have reported that the policy has not resulted in an increase in crime or traffic collisions. There are over 500 counties across the nation that accept matricula consular cards as a valid form of identification. While there are concerns about the vetting process for the Mexican ID cards, the Chronicle reports:

“Carlos Félix Corona, the Mexican consul general in San Francisco, said the vetting process for issuing the identification cards is similar to the process of applying for a passport. Anyone who applies for a matricula consular card is run through government systems in Mexico. No one with a criminal history will be issued a card, which has watermarks that make it difficult to counterfeit. […] The consulate in San Francisco, which covers 13 counties in Northern California, issues about 150 cards a day, spokeswoman Gabby Mardero said.”

The chairwoman of San Francisco's Republican Party has cautioned against the precedent that the ID policy will set by arguing that the county cannot accept IDs from every other country as well and that it puts federal law into the hands of local law enforcement. Lt. Glenn Lawrence, a Sonoma County Sheriff's Department, commented that “We're just accepting another form of ID to identify somebody. It doesn't change our law enforcement against them."

Bipartisan Panel Set to Discuss Guv’s Pension Reform Plan in Next Round of Hearings

Back in October, the Joint Legislative Conference Committee on Public Employee Pensions began its work examining the governor’s 12-point pension reform plan by hosting a hearing in the city of Carson. The bipartisan panel of six state lawmakers plans to host a series of hearings and the next one is scheduled to take place on December 1st at the State Capitol. State Sen. Gloria Negrete McLeod is the co-chair of the committee and recently commented that “I am hopeful that the final outcome of these hearings will be a package that achieves real and measurable reform that has broad support and represents a consensus agreement.” The last hearing in Carson featured comments from local government representatives to discuss actions and solutions that have been taken at the city/county level. You’ll recall that the governor proposed his pension plan at the end of October and recently GOP lawmakers have called for a special legislative session to address Brown’s proposal. Below you’ll find an agenda for the committee’s next meeting this week:

12-1-11 Agenda for CA Legislature Joint Pensions Committee Hearing

Long-Running Legal Battle over Alameda County’s Gun Ban Will be Reheard by 9th Circuit

A lengthy legal battle over Alameda County's ordinance banning gun possession on county property will be reheard by a federal appeals court. While there have already been several rulings on the matter, decisions from the U.S. Supreme Court have impacted the case since the highest court in the nation ruled that 2nd Amendment rights outlined in the Constitution were binding on states and local governments. The local ordinance in question restricts gun shows on county property and was first approved back in 1999. Back in May we relayed that the 9th U.S. Circuit Court of Appeals upheld the county’s ban by concluding that gun show promoters do not face a violation of their 2nd Amendment rights under the ordinance. However, at the time of the ruling, the court noted that the opponents would be allowed to rewrite their lawsuit due to Supreme Court rulings that occurred after the original filing. Mercury News reports on the implications of the case being reheard:

“The order, which calls for an 11-judge 9th Circuit panel to hear the case, wipes out a ruling from May by three 9th Circuit judges who unanimously agreed to uphold the legality of the ordinance. The development marks the latest twist in a long-running lawsuit pressed by gun show promoters Russell and Sallie Nordyke, who've enlisted gun rights groups to attack the law as a violation of their Second Amendment rights."

Back in May the three-judge panel of the court ended up ruling that the ban on guns was not an unfair burden to the couple since the county was not banning gun shows outrights, just gun shows on government property. The county has emphasized that the ordinance was motivated by safety concerns and not to restrict people’s gun rights. Judges have already dismissed the Nordykes' First Amendment claim that the county’s ordinance was an attempt to limit free expression.

Santa Clara's Operation Second Chance 2011: Avoiding Jail during the Holidays

Santa Clara County is once again offering its annual gift to residents who are wanted for misdemeanor offenses. To avoid being booked into county jail during the holidays, local law enforcement agencies will allow anyone with a nonviolent misdemeanor warrant or traffic warrant to self-surrender and receive a citation with a new court date. The program is known as Operation Second Chance 2011 and it is available regardless of the bail amount. However, felony warrants and any case that involves violence are exempt from consideration. So is the program actually a success? Mercury News reports:

“It's an understatement to say how popular this program is. In the past six years, more than 2,100 people have taken advantage of the program and avoided spending the holidays in jail by self-surrendering, according to the Santa Clara County Sheriff's Office. Anyone with a misdemeanor warrant should go to the police agency that issued the arrest to surrender and be released on the spot.”

While some people clearly want to avoid time behind bars during the holidays, others may find the time locked-up a welcome reprieve from holiday madness and annoying family members. At least no one expects any gifts when you’re in the slammer.

Marin County Offers a Holiday Deal with Novel Christmas Tree-Cutting Program

Post-Thanksgiving holiday madness is in full swing and if you’re looking for a Christmas tree, officials in Marin County have come up with a program to rid an open space preserve of an unwanted and invasive species: the pine tree. The tree-cutting program will launch this weekend and since the county wants to clear the Ring Mountain Open Space Preserve of these pine trees, they are allowing locals to do the work for them. Anyone will be allowed to chop down their own tree on the preserve for free in what is being called the "holiday habitat restoration event.” But before you grab an ax or saw, it’s worth noting the wild Monterey pines certainly don’t look like traditional Christmas trees; nevertheless, officials point out they are free, unique, and the experience of chopping down one’s own tree can be memorable. Marin County Parks Director Linda Dahl commented the following on the event:

“Because pine trees are invading the preserve and threatening native habitats, this event will serve as both an important restoration project as well as a fun holiday event for the whole family … [the tree-cutting event] will allow access to areas of the preserve normally off-limits to the public. These trees have been growing in the wild, not in a Christmas tree lot, and therefore come in all shapes and sizes.”

The invasive pines are reportedly a problem because they are a threat to the local ecosystem that provides a habitat for some of the rarest plants in the world, including the Tiburon mariposa lily, which occurs nowhere else on earth.

Extreme Makeover Website Contest: Local Governments Invited to Enter; Deadline Dec. 9th

Is your county website in need of a major makeover? Well, then you’re in luck, as government website developer CivicPlus is inviting cities and counties from all over America to enter into the Extreme Website Makeover Contest. There will be 11 grand-prize winners selected that will receive a free redesign and functional upgrade of their official government website.

The entry deadline is Friday, December 9, 2011 and city and county government officials are invited to complete a brief entry form found on CivicPlus' website here.

Ward Morgan, founder and president of CivicPlus, commented the following about the contest:

“The tight economy has been choking city and county government budgets for years. As a result, many municipalities have put off making much-needed changes and upgrades to their websites, which ultimately translates into less service, less communication and less convenience for their citizens. The Extreme Makeover Contest is our way to give back to local communities and demonstrate how yesterday's government website can be transformed into today's community engagement platform."

Winning entries will be notified December 16, 2011.

$1 Billion in First 5 Funds Off-Limits: Fresno County Judge Rules against State Raid

Thanks to a ruling from a Fresno judge, the governor and Legislature have one less set of local governments to raid for money. Among the “legally questionable maneuvers” the governor considered under the state budget was not only the elimination of redevelopment but also the taking of $1 billion from First 5 commissions. The First 5 programs are funded by Proposition 10, a 50 cents-a-pack cigarette tax voters approved in 1998. While lawsuits from various counties ultimately caused legislators to back away from the idea as a budget solution, the governor has been defending the proposal in court. If the law had been enacted, counties would have had to turn over millions of dollars to the state.

Well, a judge has now ruled that taking millions in these local funds to patch up the state budget is illegal (do those arguments sound familiar?). The judge wrote, “To claim that transferring decision-making from local communities to the state legislature is 'consistent with' Prop 10 is like asking the court to find that black means white.” Perhaps in a small way the ruling bodes well for Prop 22 and the fate of the redevelopment lawsuit, as the state's hands have been slapped away from the cookie jar. CA Watch reports:

“The 10 commissions that sued – Fresno, Madera, Merced, Solano, Los Angeles, Orange, Riverside, Marin, Sonoma and San Diego – are petitioning for the state to reimburse their legal fees, said Kenneth Price, an attorney representing commissions in Fresno, Madera and Merced counties. They have not yet calculated the total cost. Kendra Rogers, executive director of First 5 Fresno County, said she hopes the decision sparks greater discussion about the state's budget priorities. ‘The state Legislature made the decision to pit Prop. 10 against Medi-Cal. That was not a decision they had to make,’ she said.”

The governor’s administration has not announced yet whether it will appeal the ruling.

You can read the judge's opinion here.

Two Petition Drives Seek to Overturn Marijuana Ordinances in Butte County

Back in May, Butte County Supervisors approved an ordinance regulating medical marijuana cultivation with major restrictions, despite the objections of passionately opposed residents. Practically immediately after the ordinance’s approval, a petition drive was started to put the issue to a vote. Since enough signatures were collected, supervisors had to decide how to handle the referendum: either repealing the ordinance or scheduling a vote. The officials opted for the latter, so voters will have the final say come June 5, 2012 during the Primary Election. It is predicted the election will cost the county $50,000 or less. However, in an update, the county may have another referendum to add to the ballot.

On the same day that the county approved the aforementioned vote on the cultivation ordinance, petition gatherers also submitted signatures to overturn another county ordinance that outright bans dispensaries. Proponents of the petition drive turned in 12,025 signatures (they only needed a little over 7,600). As a result, the ban on dispensaries will be delayed from going into effect (it was supposed to be implemented on the 26th) so that the registrar of voters can verify signatures. If enough valid signatures have been submitted, then supervisors will once more have to decide whether to just rescind the ordinance or put the issue to a public vote. A local CBS news station reports:

“Last month, the county agreed with a planning commission recommendation that there are just no suitable areas for medical marijuana dispensaries in the county given the violent crime they tend to attract, among other concerns. But supporters of medical marijuana dispensaries insist that crime issues are overblown and that dispensaries are necessary under the state's proposition 215 rules. The county now has 30 days to certify the petition.”

For more, see here.

RAND Study Says Counties Face Serious Strains in Local Services due to Realignment

We relayed recently that county projections were off when it came to predicting the number of state prisoners that would land in county jails under realignment. Counties are not only scrambling to find extra room for the flood of extra inmates, but the draw on resources could put a strain on county services, according to a new report from the RAND Corp. In a study entitled, “Understanding the Public Health Implications of Prisoner Reentry in California,” the organization argues that local health care and social services programs could suffer under realignment due to the extra demand in resources from local agencies that are already struggling with difficult budgets. The study cautions that counties are ill-equipped to meet the rehabilitative and health care needs of additional inmates at the local level because released prisoners have a high level of health care needs, such as mental health care and alcohol and drug treatment. In addition, if inmates are returned to communities with high poverty and low levels of education, local services are likely to be only further strained. Here are some highlights from the report:

• About two-thirds of California inmates reported having a drug abuse or dependence problem, but only 22 percent of those inmates reported receiving treatment since admission to prison. More than half of California inmates reported a recent mental health problem, with about half of those reporting receiving treatment in prison
• Reentry disproportionately impacts 11 counties statewide and that, within counties, parolees tend to cluster in certain communities and neighborhoods. Such clustering has implications for linking to and providing health care services to this population and for considering how to effectively target reentry resources
• California’s new Public Safety Realignment Plan represents an almost tectonic shift in the state’s criminal justice system that will have a number of implications for thinking about how to meet the health care and rehabilitative needs of the reentry population.
• Public safety realignment presents some challenges, such as the fact that traditional mechanisms for linking ex-prisoners to health care and social services—e.g., parole officers, PACT meetings— will change dramatically for individuals placed on county-level postrelease community supervision and for low-level offenders who will serve their time in county jail.

The study looked closely at Alameda, Los Angeles, San Diego and Kern counties and used focus groups with former prisoners and their families to get a better understanding of the issues at play. The study’s lead author commented that “Investing in treatment for this population may help offset criminal justice costs later. Moreover, expanding access to primary care may help avoid expensive care such as emergency room visits and preventable hospitalizations for this population."

Read the full report here.