July 25, 2019

Contributed by F. Andy Nichols, with Nichols Consulting.

When changes in legislation or service mandates cause additional financial burdens for counties (through new programs or additional levels of service), Governors can propose funding in the annual budget to help counties make ends meet. CSAC works closely with the Legislature and Administration to support this “Expired and Repealed” mandate reimbursement process so local agencies and schools can continue operating and providing important services.

In Governor Brown’s 2018-19 May Revision, he proposed to fund 14 different “Expired & Repealed” mandates. In fact, the State Controller’s Office (SCO) circulated a draft of the funding, titled “SCO Report Principle Mandate Reimbursement – May Revision 2018” to local governments which displayed detail (Amount due by Program/by Fiscal Year/by Local Agency). 

However, the Budget Act passed and signed for 2018-19 only contained funding for three of those 14 programs. Of the 11 programs removed from the 2018-19 Budget Act, four programs (for annual costs dating back as far as FY 2000–01) were contained in the recent Budget Act of 2019-20.

This year, the Budget Act of 2019-20 contains $15.1 million for four different “Expired and Repealed Mandates” which were:

1. Binding Arbitration 
2. Fire Safety Inspections of Care Facilities 
3. Local Recreational Areas: Background Screenings 
4. Racial Profiling: Law Enforcement Training 

The 24 counties who filed claims for these programs will receive a combined total of nearly $3.2 million. This amount does not include accrued interest, which has also been funded and will be calculated separately by the State Controller’s Office as required by Government Code section 17561.5. For those who will be receiving a check later this fiscal year (likely in November/December), here is a summary of the reimbursable activities involving these four programs:

Binding Arbitration

Mandated the following activities:

1. Selecting an arbitration panel member 
2. Submitting the last best final offer of settlement to the arbitration panel 

Once arbitration is triggered under Code of Civil Procedure section 1299.04, the following activities required by the arbitration panel or to participate in the arbitration process:

1. Meet with the arbitration panel
2. Participate in inquiries or investigations 
3. Participate in mediation 
4. Participate in hearings 
5. Respond to subpoenas and subpoenas duces tecum 
6. Respond to or make demands for witness lists and/or documents 
7. Make application and respond to deposition requests 
8. Conduct discovery or respond to discovery requests 

Fire Safety Inspections of Care Facilities

Health and Safety Code section 13235, subdivision (a), requires local fire departments to perform fire safety inspections of all community care facilities, residential care facilities for the elderly, and child daycare facilities. Upon receipt of a request from a prospective licensee, the local fire department, or State Fire Marshal, whichever has primary jurisdiction, is required to conduct a pre-inspection of the facility prior to the fire clearance approval. At the time of the pre-inspection, the applicable fire enforcing agency will provide consultation and interpretation of the fire safety regulations that are to be enforced in order to obtain the clearances necessary to obtain a license.

Local Recreational Areas: Background Screenings

Public Resources Code section 5164, subdivisions (b)(1) and (b)(2), required

• Each local agency to have each prospective employee or volunteer who would have supervisory or disciplinary authority over minors to complete an application that inquires as to whether or not the prospective employee or volunteer has been convicted of any offense specified in Public Resources Code section 5164, subdivision (a). This means that local agencies must perform the one-time activity of revising and printing job applications that inquire as to the applicants’ criminal history.
• Screening, pursuant to Penal Code section 11105.3, prospective employees and volunteers who would have supervisory or disciplinary authority over minors. The screening procedure for these individuals requires submitting the following to Department of Justice (DOJ):
  1. The prospective employee’s or volunteer’s fingerprints,
  2. Any other data specified by DOJ on a DOJ-approved form,
  3. For prospective employees only, paying the DOJ’s fingerprint processing fee (no fee is required for a prospective volunteer).

Racial Profiling: Law Enforcement Training

Penal Code section 13519.4, subdivision (f), imposed a reimbursable state-mandated program within the meaning of article XIII, section 6 of the California Constitution, and Government Code section 175 14, for up to five hours of initial racial profiling training under the following conditions:

1. The training is provided to incumbent law enforcement officers who completed basic training on or before January 1, 2004;
2. The training is certified by POST;
3. The training is attended during the officer’s regular work hours, or training is attended outside the officer’s regular work hours and there is an obligation imposed by an MOU existing on January 1, 2001, which requires that the local agency pay for continuing education training; and
4. The training causes the officer to exceed his or her 24-hour continuing education requirement, when the two-year continuing education cycle that included the initial five-hour racial profiling training occurs between January 1, 2002 and July 2004, and the continuing education for that cycle was attended prior to the initial racial profiling course.

If your county has any questions regarding a filed claim, please do not hesitate to reach out to CSAC’s Government Finance and Administration policy team for more information.