Budget Case Will Proceed

Striking a blow to the Ventura County Board of Supervisors, a Superior Court judge Tuesday refused to invalidate a public safety funding law before the matter reaches trial, ruling that legal proceedings should move forward.

In a written order, Judge Henry Walsh said his decision was based on procedural grounds rather than the merits of the case. The fundamental question -- whether a 1995 public safety funding law is legal -- remains to be answered, Walsh said.

But he said supervisors erred in petitioning him to invalidate the entire ordinance based on what they alleged were flawed portions of it. He is technically unable to do so under law, Walsh wrote.

He directed lawyers for both sides to draw up witness lists and agree to a hearing date on the merits of the case before summer. Walsh, not a jury, will make an ultimate ruling in the matter.

Sheriff Bob Brooks and Dist. Atty. Greg Totten sued the Board of Supervisors last year, alleging that it had violated the public safety funding law by shortchanging their budgets. The board countersued, contending that the ordinance itself was unconstitutional because it took away supervisors’ budget-setting authority.

On Feb. 2, lawyers representing the Board of Supervisors argued that California law was so clearly in the county board’s favor that the ordinance should be invalidated immediately. Walsh’s ruling means that will not happen.

“It’s encouraging. This is a very fair judge,” Brooks said.

Supervisor Kathy Long said she was disappointed but not surprised.

“It’s a complicated issue that really rests on the state Constitution and the California Budget Act,” Long said. “But it’s unfortunate because this ruling means it’s going to cost taxpayers more funds.”

Walsh’s order is the first judicial comment on a long-debated 1995 ordinance that directed special funding to the sheriff, district attorney, public defender and probation chief.

Under the law, those departments split proceeds from a half-cent sales tax increase approved by voters -- about $50 million last year. In addition, they received millions more in general fund dollars to cover any increased costs borne by their agencies.

Supervisors amended the ordinance in 2001, capping inflationary increases at the consumer price index, or about 3%. They said that if they had not changed the ordinance, it would have eventually bankrupted the general fund.