Ventura County Grand Jury • 1995-1996

Proposition 172 First Final Report January 1996

3 pages
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Findings 9 findings

F1
Local Public Safety Protection and Improvement Act (Proposition 172) was designed to provide counties with funds replacing those taken from them by the state. By passing the 31 amendment the voters extended and made permanent a half cent sales tax initiated after the Loma Prieta Earthquake which was due to expire December 31, 1993. This initiative passed by the voters with 57% yes vote allowed individual counties to define public safety.
F2
The Ventura County Board of Supervisors passed a resolution August 17, 1993, agreeing to use all of proposition 172 tax funds for public safety.
F3
Fearful that the Board of Supervisors would not deliver on its resolution, a citizens group called "Citizens for a Safe County" circulated an initiative petition requiring the County to establish budgets for Sheriff, District Attorney, Corrections Services, Public Defender and Fire District. There were 44, 428 valid signatures secured. This made it necessary for the initiative to be submitted to county voters or be adopted by the Board of Supervisors as a County Ordinance. The other option was to complete a report within 30 days on the initiative's impacts on the County, bring the report to the Board of Supervisors, and either adopt the initiative as an ordinance within 10 days or call a special election.
F4
The Board of Supervisors passed the initiative as County Ordinance #4088, 3 to 2, May 16, 1995, defining public safety as the five agencies listed above. The initiative provided that the level of spending from the General Fund for public safety may not be reduced below the base year of the 1992-93 budget.
F5
Proposition 172 tax funds are not supplemental funds but are included in the budget as an augmentation trust fund to be released for county public safety services only.
F6
The Grand Jury was advised by the Assistant District Attorney that Election Code section 3719, governing initiative petitions dictates that initiatives adopted by County Boards of Supervisors as county ordinances cannot be changed except by the voters.
F7
According to the study made by former Supervisor Vanderkolk, Ventura County is the 11th largest and the safest county in California.
F8
Property tax cities receive a portion of proposition 172 tax funds from the state. Those cities in Ventura County include Oxnard, Ventura, Santa Paula, Fillmore, Port Hueneme and Ojai.
F9
At present some questions remain about Proposition 172. Among them are: a. What is the constitutionality of the Public Safety Initiative Ordinance? b. Can such an initiative remove from the Board of Supervisors its mandated responsibility for the county budget?

Recommendations 3