Tuesday, Feb, 17, 2009 • County sues state over federal dollars

Publisher’s note: This story originally appeared in the Tuesday, Feb. 17, 2009 edition of the Lassen County Times.

Lassen County will join a lawsuit seeking the state to release federal and state money already budgeted for social services programs.

The Lassen County Board of Supervisors voted unanimously in closed session on Tuesday, Feb. 10 to authorize the county to join a lawsuit to be filed by San Diego and Sacramento counties against the state controller and treasurer seeking the release of the funds.

In response to the state’s fiscal crisis, the controller has taken action to delay the payments to the counties.

Craig Settlemire, Lassen County counsel, said San Diego and Sacramento counties are taking the lead in the lawsuit and Lassen County will join in the action. He said the lawsuit should have been filed by Friday, Feb. 13, a self-imposed deadline set by San Diego and Sacramento counties.

According to Settlemire, the funds in question have already been approved in the current state budget, and the controller has a constitutional duty to distribute the funds.

According to Settlemire’s report of board’s action in closed session, the lawsuit seeks:
•A writ of mandate requiring the state controller to release any previously appropriated state and/or federal funds that the controller has previously withheld for either assistance or administrative costs.
•A writ of mandate requiring the controller, treasurer or other state officials to issue warrants to the county for which funds have been appropriated for the identified programs (as evidenced in the Budget Act) which are not currently exhausted or otherwise legally encumbered and/or to determine whether any current appropriation is available for specified purposes and, if so, to approve payment from such appropriation.
•A judicial declaration that the controller is statutorily obligated to promptly and fully allocate appropriations to counties.
•A judicial declaration that the county satisfies its legal duty by providing assistance/services with any federal funds allocated for such assistance/services and with the county’s share of cost as statutorily determined and that the county has no legal duty to backfill any state or federal funds that are deferred by the controller.
•A restraining order, preliminary injunction, etc., enjoining the controller, treasurer or other state officials from withholding state and/or federal funds until appropriate Notices of Action have been issued by the state advising recipients of decreases, reductions in benefits/assistance

According to Settlemire’s report, the focus of the legal proceeding will be the controller’s delay in payments to the counties with regard to certain social services programs such as CalWORKS, mental health treatment and rehabilitative services, alcohol and drug programs, other miscellaneous local assistance, and the operating costs and salaries of county staff to administer public assistance programs.

According to dictionarylaw.com, a writ of mandate (mandamus) is “a court order to a government agency, including another court, to follow the law by correcting its prior actions or ceasing illegal acts.”

Settlemire said if the state legislature were to pass legislation authorizing a delay in the payments, the counties would have to file a different legal action.