Police union loses battle for legal fees

May 8, 2003 12 AM PT

The 4th District Court of Appeals ruled last week that the city is

not responsible for the Huntington Beach Police Officer’s Assn.’s

legal fees for a battle over who should pick up $400 in meal tabs for

police officers working overtime.

The case began three years ago when the police officer’s union

sued the city of Huntington Beach, demanding that the city refund

about $400 worth of meals for officers working overtime.

The city paid for the meals in August 2001, before the case went

to court.

“What we did was, rather than continue the argument about whether

or not we owed them meals, we just paid it,” said Scott Field, deputy

city attorney, adding that now, under such circumstances, in which

overnight lodging is required, the city will provide meal allowances.

But the case didn’t end with the city picking up the tab. Instead,

it escalated when the union claimed the city should be covering its

$78,000 in legal costs incurred during the dispute, which, Field

said, breaks down to an hourly fee of as much as $350 an hour.

Greg Peterson, the attorney representing the police officer’s

association, did not return phone calls, and union president Russ

Reinhardt had no comment.

The association now has the right to petition for review by the

state supreme court, but Field said it’s unlikely that the case will

be accepted for review.

“The supreme court reviews very, very few cases, and this is not

the kind of monumental legal issue that the supreme court reviews.”

Field said. “It’s such a small amount of money at dispute.”

Council provided with list of unfunded mandates

Huntington Beach spends between $9 million and $14 million per

year on programs required, but not paid for, by the state and federal

governments. Many leaders at the local level feel these governments

should be picking up the tab.

At the request of Councilman Dave Sullivan, a list of unfunded

state and federal mandates was provided at Monday’s City Council

meeting.

Sullivan requested the list on the heels of a bill authored by

Assemblyman John Campbell (R-Irvine) that would give cities the right

to cut state-mandated programs that have not received funding for a

period of at least two years.

A state law passed in 2000 that requires the city to test ocean

water quality more often than it used to costs $50,000 to $80,000 a

year to implement, but the city gets no funding from the state for

it. Another state mandate that requires all water agencies to

distribute a consumer confidence report costs $25,000 per year.

“Do we think that they’re good requirements? Yes we do,” said Clay

Martin, administrative services director. “But the question is, when

local agencies are strapped for funds, are these something we should

absorb when the state could be funding them.”

Some of the programs that the city does get state funding for are

absentee ballots, lifelong health benefits for spouses of

firefighters and police officers who die in the line of duty and

certain training programs, such as an elder abuse program training

for police officers.

In January, the city filed a request with the state seeking more

than $602,000 for reimbursable mandates from the last fiscal year.

The city received only $282,110 -- a mere splinter of what the city

pays to operate the mandated programs.

The city employs an additional 123 employees and spends between

$9.2 million and $14.5 million annually to comply with state and

federal mandates. Only about $200,000 of that is reimbursed.

“It’s rather sobering news to see that we spend $9 million to $14

million on mandated programs that we’re not reimbursed for,” Mayor

Connie Boardman said.

The concept of state mandate reimbursement originated with the

Property Relief Act of 1972. The primary purpose of the act was to

limit the ability of local agencies -- such as city governments -- to

levy taxes. To offset the limitations that arose, the Legislature

declared its intent to reimburse local agencies for the costs of new

programs.

Proposition 4, approved by voters in 1979, added an article to the

California Constitution that stated that whenever a new program is

mandated by the Legislature or a state agency, the state must

reimburse the associated costs.

“It appears pretty clear that the state constitution says that

they can’t have mandates without funding them,” Sullivan said.

Sullivan hopes this list will trigger discussion about the number

of unfunded mandates.

“The next step is for the council to look these over and see what

things they feel we should be reimbursed for,” Sullivan said. “People

might want to take a stand if they feel they are an unnecessary

expense on our part.”

Water system gets excellent appraisal

A state department ruled that drinking water in Huntington Beach

meets all state water quality standards.

The Public Works Water Division was inspected on April 2 by the

state’s Department of Health Services.

Regulators checked records and inspected the operation and

maintenance equipment at every well, every reservoir and every

booster station.

It’s a very detailed report. They really jump into it,” said

Howard Johnson, the city’s water production supervisor.

The inspection report concluded that the water system is well

operated, well maintained and in compliance with all regulations.

State officials also concluded that the system’s facilities are all

in good condition.

“Nothing was negative, everything was right on the nose,” Johnson

said. “We got the best report you can possibly get. It should be a

great comfort to the cities that the water supply is well maintained

and in great shape.”

Shipley center opening for picnic

The gates of the Shipley Nature Center will swing open next week

for a nature picnic in the park.

The community will be invited to witness the changes at the center

after several months of weeding, planting, trail maintenance and

other restoration efforts from 11:30 a.m. to 2 p.m. Saturday, May 17.

The Shipley Nature Center is an 18-acre natural landscape with

4,000 feet of trails that weave through oak woodlands, pine trees,

meadows and ponds. A freshwater wetland is on the premises. The

center is a haven for insects, reptiles and birds, and is home to

three endangered bird species. The grounds also feature an

interpretive building with exhibits on local wildlife and ecology.

The event will be held in front of the center in Huntington

Central Park. Water and baked goods will be available for sale, but

families are asked to bring their own blankets and picnic foods.

Dr. Seuss “The Lorax” will be performed by drama students from UC

Irvine. The story stresses the importance of conservation in the face

of dangers that threaten the environment .

Children and parents are invited to participate in a nature

scavenger hunt and traditional games like the three-legged race, a

hula hoop contest and a beanbag toss. Booths will provide information

on native plants, wildlife and other ecological issues.

Stephanie Pacheco, president of the group working to restore and

reopen the center, the Friends of the Shipley Nature Center, will be

offering restoration tours throughout the afternoon.

For more information on the picnic or the center, visit

www.FSNC.org, e-mail shipleynature@yahoo.com, or call (714) 846-0916.

Rotary gives books to Perry Elementary

Members of the Rotary Club of Huntington Beach will present

thousands of books to students in kindergarten through third-grade

next month as part of a program to stress the importance of good

reading skills.

The books will be presented to students at the Joseph R. Perry

School at 9 a.m. Friday, May 16. Last year, Oak View Elementary

School in the Ocean View School District received books.

The Rotary program is an offshoot of the “Reading by 9” program

Police union loses battle for legal fees

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