El Dorado County is taking a citizen-sponsored ballot initiative to court before it ever reaches the ballot, asking a judge in Placerville to rule on whether the measure is even legal.
The county filed a complaint for declaratory relief on Feb. 26 in El Dorado County Superior Court, targeting an initiative that would limit the Board of Supervisors' authority over employee pay. Proponents had filed the measure with county elections on Feb. 13 to start circulating petitions. County officials say they went to court to avoid pouring time and money into a campaign over a measure they believe is legally defective.
In a press release posted by the El Dorado County Chief Administrative Office, officials say County Counsel first tried to settle the dispute informally and asked the initiative's backers to withdraw their petition. When that did not happen, the county moved ahead with the lawsuit. The complaint names the initiative proponents as defendants and asks the court to declare the proposed ordinance invalid before it moves any closer to voters.
What the county says
Assistant County Counsel Janeth SanPedro, quoted in reporting by KOLO, said the county "believes case law and other legal authority clearly demonstrates this is invalid under the California Constitution." She said staff had hoped the measure's supporters would voluntarily pull it back, but the county ultimately decided it had to ask the court to clear things up when they declined.
How the process works
Under California law, once a proposed county ballot measure is filed with elections officials, county counsel has 15 days to prepare and return a ballot title and summary. That step starts the formal circulation clock for signature gathering, according to FindLaw. El Dorado County says its complaint for declaratory relief is the tool state law provides to ask a judge whether the initiative's text is legally permissible before the title, summary and signature drive move ahead.
Why the legal fight matters
California courts have long wrestled with where voters' initiative power stops and local government control begins, especially around pay and benefits for public workers. Judges have generally held that local decisions about employee compensation are presumed to be open to initiatives unless the Legislature clearly meant to take that power away, according to prior rulings discussed on Justia in Boling v. PERB. The new lawsuit in Placerville could become a local test of those boundaries, deciding whether El Dorado County voters can directly restrict a board that argues it has constitutionally vested discretion over pay decisions.
Residents who want to follow along can read the county's announcement on the county's Facebook page and track case filings at the El Dorado County Superior Court in Placerville. The county's press release lists Carla Hass at (530) 621-4609 as the media contact. Locations and contact information for the Placerville court branches are available on the El Dorado County Superior Court website.
