Sacramento County Deputy Sheriff's Association v. County of
Sacramento (December 22, 2000)
* court: California Appellate
* public agency: County of Sacramento
* plaintiffs: Sacramento DSA
* defendant: County of Sacramento
* trial court's decision: against plaintiffs
* Appellate Court: against plaintiffs
* issue area: assumption of risk, firefighter's rule, canine
officer
Sacramento DSA Facts
* At the June 2, 1998 primary election, Sacramento
County voters approved both Measure D and Measure E.
* Measure D amended the Sacramento County charter to
provide for final and binding arbitration for the non-supervisory law
enforcement unit. Measure
D specifically provided that the decision of the arbitrator was to be
self-executing and that no action by the Board of Supervisors or
electorate was needed.
* Measure E amended the charter to provide that, if
Measure D was approved, then the results of Measure D arbitration
would have to be approved by the voters in situations where (1) the
Sheriff determined that the arbitration award would interfere with
management's "prerogative to deploy or assign personnel" or
(2) the Board of Supervisors determined that the award would require a
tax increase.
* Measure D was passed by 58 percent of the votes cast
and Measure E by 54 percent.
* The Sacramento DSA filed a declaratory relief action
to have Measure E invalidated.
* Both the trial court and the appellate court decided
against the DSA.
Sacramento
DSA ANALYSIS
* The issue for the court is whether Measure E is in
irreconcilable conflict with Measure D.
* The court cited two old California Supreme Court
cases, the 1913 Apple case and the 1924 Horn
case, to show how courts have reconciled allegedly conflicting charter
ballot provisions.
* The ballot material, according to the court, made it clear to the
voters that Measure E cut back on Measure D.
* The language of Measure E "could not have been
more clear" that it cut back on Measure D.
* The court concluded that there was not any
irreconcilable conflict between the two ballot measures.
