County of Yolo v. Los Rios Community College District

Good Law
1992 Cal. App. LEXIS 554·5 Cal. App. 4th 1242·7 Cal. Rptr. 2d 647·92 Daily Journal DAR 5888·92 Cal. Daily Op. Serv. 3766
Court of Appeal of CaliforniaApril 28, 1992C009970California7,975 words

Opinion

Opinion

Davis, J.

“Time is a dressmaker specializing in alterations.” (Baldwin, Face Towards the Spring (Reinehart 1956).) After years of billing school districts for certain election costs, the County Clerk of Yolo County has begun to charge these same school districts for types of expenses heretofore paid by Yolo County (County). Predictably, the school districts object. In this appeal we examine the kinds of election costs that a county can charge a school district. We conclude that a county cannot charge a school district for the costs of election functions, activities or operations the county would have to undertake or engage in regardless of whether the school district was in the election. In other words, a county can charge a school district for only those election costs the county incurs because the school district is participating in a particular election. We also conclude that a county cannot charge a school district for costs incurred in board races where there is only one candidate for each office and the candidate takes office under Education Code sections 5326 and 5328. We affirm the judgment but modify its terminology.

Background

Under the law, counties—generally the…

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