Smith v. Board of Supervisors

This is an appeal from the denial of a preliminary injunction. For the reasons set forth below we shall remand the case to the trial court.

Statement of Facts

On May 27, 1988, the Board of Supervisors (Board) of the City and County of San Francisco (City) issued a public notice that on June 27, 1988, it would hold a hearing on various reductions in medical and health services provided by the City. The notice stated that it was pursuant to Health and Safety Code 1 section 1442.5 and that at the end of the hearing, the Board would adopt a finding that the proposed changes would or would not have a *866 detrimental impact on the health care needs of those affected. Attached to the notice were 11 pages providing further details on the nature of the proposed reductions.

These reductions, which totaled $17.2 million, were initiated by the may- or’s office in response to a projected budget deficit of $179 million. The mayor had asked city departments to prepare two budget reduction scenarios. The first would take place, assuming Board approval, if Proposition K (increase in the Gann spending limit) were approved. Scenario two would take place if Proposition K were rejected.…