California Police Chief- Fall 2013 - Page 8

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… Experts in Public Sector and Law Enforcement Issues – Over 30 years of experience • • • • • • Municipal Law City Attorney Code Enforcement/City Prosecutor Government Tort Defense Internal Affairs Investigations Management & Operational Audits Representing over 75 California Cities and Public Agencies, including: • • • • • • Training in Personnel & Labor Issues Redevelopment Water Law ADA Review & Revision of Policy Manuals Health & Safety Recieverships Contact us today! 3777 N Harbor Blvd., Fullerton, CA 92835 Jones & Mayer Attorneys at Law (714) 446-1400 8 California Police Chief |