Thursday, April 10, 2008

Letter: CFPD is free to contract with CalFire

Letter to the editor posted by GInny McShane on Apr 10, 2008 at 05:26 pm in Police & Fire
2 comments • Click to email this story

The Coastside Fire Protection District is free to contract with Cal Fire. The referendum petition was ruled invalid. The 13 page opinion is being faxed to my office.

Ginny McShane
CFPD Director

Comments

Comment 1 by Barry Parr on Apr 10 at 9:25pm • All my comments •

A copy of the opinion can be found here:

http://www.courtinfo.ca.gov/opinions/nonpub/A118789.PDF

Comment 2 by Vince Williams on Apr 11 at 9:28am • All my comments •

Congratulations to the Coastside Board and their attorneys for winning this case.

Looking at the ruling that Barry linked to, the Appellate Panel pretty much said there was no legal excuse for Local 2400's attorneys to omit the Board's whole resolution on the CalFire contract in their petitions. The ruling said the Board had been careful and prudent and held numerous public meetings to deliberate the CalFire contract resolution. Local 2400's attorneys decision to not include the whereas clauses of the original resolution was a fatal legal mistake. Further, it was an attempt to make it look like the Board had acted without proper deliberation and care. The Board resolution was not all that long. Previous case law had required including the whole resolution and contract. The attempt of Local 2400 attorneys to make it appear that there were discrepancies between different section of the election code and that the law had changed were all dealt with point by point in the ruling. I see nothing but praise for how the Board approached their resolution on CalFire in this ruling. By implication the petition Local 2400's attorneys developed and put out for voter signatures was misleading. Finally, there is no new case law here. I'd speculate the careful way the ruling responded to Local 2400's convoluted arguments, would make a California Supreme Court appeal difficult.

Finally, thanks to the Coastside Chiefs, the Coastside Firefighters, the CalFire Chiefs and the CalFire Firefighters for providing us an invaluable service, while this contentious issue was being settled.

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