Service Employees International Union v. County of Sonoma

I.

INTRODUCTION

Service Employees International Union, Local 1021, AFL-CIO (SEIU), filed the instant lawsuit claiming the Sonoma County Community Development Commission (Commission) lacked legal authority to contract with a private corporation to conduct housing inspection services that had formerly been performed by public employees in Sonoma County. In response to SEIU’s lawsuit, the Commission filed a demurrer, claiming Health and Safety Code sections 34144 and 34145 expressly authorized the Commission to enter into a contract with a private entity for necessary services, such as housing inspection. In particular, the Commission relied upon section 34145, which gives it the power to “hire, employ, or contract for staff, contractors, and consultants.”

The trial court granted the Commission’s demurrer and dismissed SEIU’s lawsuit, after finding the Commission was free to contract in the private sector. We reach the same result as the trial court, and therefore affirm the judgment of dismissal.

H.

FACTS AND PROCEDURAL HISTORY

In 1984, the Sonoma County Board of Supervisors (the Board) passed an ordinance creating the Commission. The Commission was established…