Lawyers Full Employment Act

September 30, 2011 by MikeMcMahonAUSD
Filed under: Finances 

It seems that the State of California can not pass a budget without having a number of lawsuits filed to prevent implementation of budget related legislation. Under the Schwarzenegger administration, state employees and social service groups fought reductions in state funding in the courts. Now we have cities, school districts and social service groups objecting to the budget passed in June.

This week, four budget related lawsuits were filed. First, disabilities advocates want to block a 4.25 percent cut in state reimbursement for services to people with mental or physical disabilities. Second, the League of California Cities filed a lawsuit to pursue $130 million in vehicle taxes that cities previously received from the state. Third,
10 Southern California cities and their redevelopment agencies are challenging methods used by state lawmakers in the budget process. The California Supreme Court has already agreed to hear arguments in a separate fast-track case involving the California Redevelopment Association and League of California Cities.

Finally, the fourth lawsuit was filed by the California School Boards Association and the Association of California School Administrators challenging the shift of $2.1 billion dollars from Prop 98 funds to local governments.

California Teachers Association President Dean Vogel commented on the lawsuit.

“An outside observer would have to be curious as to why a lawsuit supposedly protecting Proposition 98 doesn’t have CTA as part of the group,” Vogel said. “We’re always fighting to maintain the integrity of Prop. 98, and it’s kind of interesting. We believe this lawsuit is premature and unnecessary.”

Vogel believes the retroactive payment promise, which his group negotiated as part of the budget deal, is sufficient to protect school funding. He said that if the Legislature reneges on that payment, his group would consider filing suit at that time to ensure repayment of the money.

“We have not hesitated to bring suit against the government when we believe there’s been a violation of the (constitutional) guarantee,” Vogel said. “Or when Prop. 98 has been mishandled or is being threatened. We just didn’t feel that was happening in this case.”

Meanwhile, school districts are being told to plan for mid year cuts as revenues projections fail to meet expectations. Unfortunately, school district’s hands are tied by AB 114 in the budget deal worked out between CTA and the legislature.


 

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