Department of Finance v. Commission on State Mandates

Article XIII B, section 6 of the California Constitution 1 requires the state to bear the costs of new mandates on local government. However, if a local government entity voluntarily undertakes the costs, they do not constitute a reimbursable state mandate. (See, e.g., San Diego Unified School Dist. v. Commission on State Mandates (2004) 33 Cal.4th 859, 884-887 [ 16 Cal.Rptr.3d 466 , 94 P.3d 589 ] (San Diego Unified School Dist.); Department of Finance v. Commission on State Mandates (Kern High School Dist.) (2003) *1358 30 Cal.4th 727, 742-745 [ 134 Cal.Rptr.2d 237 , 68 P.3d 1203 ] (Kern High School Dist.).) The Public Safety Officers Procedural Bill of Rights Act (POBRA), 2 initially enacted in 1976 (Stats. 1976, ch. 465, § 1, p. 1202), requires state and local government agencies that employ peace officers to provide them with procedural rights and protections when they are subjected to investigation, interrogation or discipline. (Gov. Code, § 3300 et seq.)

In this case plaintiff state Department of Finance (Finance) petitioned for a writ of administrative mandamus to overturn the decision of defendant Commission on State Mandates (the Commission) that POBRA…

The Public Safety Officers Procedural Bill of Rights Act (POBRA; Gov. Code, § 3300 et seq.) requires that peace officers employed by state and local governments must be provided with procedural rights and protections when they are subjected to investigation, interrogation, or discipline.

In this case, both the Commission on State Mandates and the trial court concluded that as to local school districts and special districts which are permitted by statute, but not required, to employ peace officers, the requirements of POBRA are a reimbursable mandate within the meaning of article xni B, section 6 of the California Constitution, which compels the state to bear the costs of new mandates imposed on local governments.

The Commission on State Mandates reasoned that finding POBRA requirements are not reimbursable mandates would conflict with various laws that require local districts to provide safe school environments for students.

*1369 The trial court held the state must reimburse local school districts and special districts for the cost of POBRA requirements because, “[a]s a practical matter, the establishment of a police department and the employment of peace officers by school…