DiQuisto

DiQuisto v. County of Santa Clara

Good Law
104 Cal. Rptr. 3d 93·181 Cal. App. 4th 236
Court of Appeal of CaliforniaJanuary 22, 2010H032345California32,624 words

Opinion

Opinion

McADAMS, J.—

This litigation arose at the crossroads of public labor bargaining and the electoral initiative process. In early 2004, three unions sponsored a local ballot initiative to mandate binding arbitration as a means of resolving labor disputes with their employer, Santa Clara County. The county opposed the initiative. During the same time period, the county engaged in labor negotiations with the unions, which included discussions aimed at their agreement not to support the initiative.

As taxpayers, plaintiffs sued the county, its board of supervisors, and two county officials, asserting that the county improperly spent public funds for partisan electoral purposes by bargaining for the unions' nonsupport of the initiative measure. Plaintiffs later added claims based on a supervisor's e-mail concerning the initiative. After extensive pretrial proceedings, the matter ended in a bench trial, with the court finding for defendants.

On appeal, plaintiffs renew their arguments that the county impermissibly used public funds for campaigning, both at the bargaining table and through the e-mail. On behalf of itself and the other defendants, the county defends the judgment against…

lead Opinion

McADAMS, J.

—This litigation arose at the crossroads of public labor bargaining and the electoral initiative process. In early 2004, three unions *243 sponsored a local ballot initiative to mandate binding arbitration as a means of resolving labor disputes with their employer, Santa Clara County. The county opposed the initiative. During the same time period, the county engaged in labor negotiations with the unions, which included discussions aimed at their agreement not to support the initiative.

As taxpayers, plaintiffs sued the county, its board of supervisors, and two county officials, asserting that the county improperly spent public funds for partisan electoral purposes by bargaining for the unions’ nonsupport of the initiative measure. Plaintiffs later added claims based on a supervisor’s e-mail concerning the initiative. After extensive pretrial proceedings, the matter ended in a bench trial, with the court finding for defendants.

On appeal, plaintiffs renew their arguments that the county impermissibly used public funds for campaigning, both at the bargaining table and through the e-mail. On behalf of itself and the other defendants, the county defends the judgment against…

035concurrenceinpart Opinion

Mihara, J.

Concurring and Dissenting.—Appellants are taxpayers who filed a complaint against the County of Santa Clara (the County) for declaratory and injunctive relief coupled with a petition for a writ of mandate or prohibition. Appellants sought a declaration that the County had violated Stanson v. Mott (1976) 17 Cal.3d 206 [ 130 Cal.Rptr. 697 , 551 P.2d 1 ] (Stanson) and an injunction barring such conduct in the future. Appellants alleged that the County had illegally used public funds for partisan electoral purposes in connection with a proposed local ballot measure that would have mandated interest arbitration of labor disputes between the County and the unions representing the County’s employees. 1 Although appellants obtained a preliminary injunction in October 2004, the County prevailed at the 2007 trial.

Appellants contend that the trial court erred in (1) finding that the County was obliged to “meet and confer” with the unions about the proposed ballot measure, (2) concluding that the County had not offered a “quid pro quo” to the unions of better contracts in exchange for the unions not supporting the proposed ballot measure, and (3) determining that the actions of a County…

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