cents. There are many other requirements contained in the
law and this author urges all involved in law enforcement
to read the legislation and become totally familiar with all
aspects of AB 953. It’s now the law.
Recovery of Costs
The legislation acknowledges that this is a state mandated
obligation and, therefore, local jurisdictions can seek
recovery for the costs involved in its implementation
through Senate Bill 90 (SB90) which was passed by the
State Legislature in 1972. It was affirmed by the voters of
California in 1979 by virtue of Prop 4, thus becoming a
Constitutional mandate (California Constitution Article
XIIIB, Section 6). The provisions of the law are codified in
Government Code § 17550 et seq.
The Constitution states, in part, that “Whenever the Legislature
or any state agency mandates a new program or higher level of
service on any local government, the State shall provide a
subvention of funds to reimburse that local government
for the costs of the program or increased level of service…..”
(Emphasis added.) As such, it appears that, at the very least,
all cities should submit claims for reimbursement of the
costs involved in implementing the provisions of AB 953.
Obviously, as with all legal issues, it is imperative that you
seek out the advice and guidance of your city attorney before
embarking on any legal process. ■
Martin J. Mayer is a name partner in the public sector law firm
of Jones & Mayer. Mr. Mayer has served as General Counsel to
the California Police Chiefs’ Association for more than 35 years.
“Specializing in providing
advice and representation to public
entities and California’s law
enforcement agencies.”
A Trusted Legal Team…
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