Flaw in ACA 13 Leaves Counties, Most Other Cities, Special Districts, and Local School Districts Behind
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[Fight For Prop 13]
Dear Local Government Leaders,
ACA 13 was heard today in the Senate Elections Committee. During the committee hearing, a major flaw was exposed: ACA 13 only applies to the 121 charter cities in California, the League of Cities’ largest and wealthiest members.
Everyone else, like counties, general law cities, school districts, and special districts, get left behind. Here’s how: While the League claims ACA 13 is fundamental for protecting all of its members, ACA 13, as currently written, favors and only protects charter cities—a common pattern in the League’s state advocacy efforts.
It is also critical to recognize that the League of California Cities and the author of ACA 13 have been made aware of this flaw yet are refusing to amend ACA 13. The author of ACA 13, Assembly Member Ward (D- San Diego), was asked about this flaw during a hearing on the measure and made it clear to the Chairman of the Senate Elections Committee that ACA 13 intentionally seeks to protect against constitutional amendments and not statutes — meaning he only wants to protect charter cities like the one he represents, leaving general law cities, counties, special districts and school districts subject to a different standard. That is unfair and undemocratic.
Here is why there is a significant disparity in the “protection” ACA 13 offers:
* Unlike general law cities, charter cities are not bound by state statutes that conflict with their charter. Higher tax thresholds can only be imposed on charter cities by a constitutional amendment, and ACA 13 only applies to constitutional amendments.
* However, general law cities, counties, special districts and school districts would not receive the same treatment. With ACA 13 only applying to initiatives that amend the constitution—not those amending statutes—a future statutory ballot initiative could impose higher vote thresholds on these local governments approved by a simple majority.
The potential repercussions of this legislation are profound. ACA 13 paves the way for a two-tier system, potentially leading to an equal protection claim—underlining the inherent unfairness in such an approach. Under ACA 13, the state General Fund could end up having to remedy the difference in funding between general law and charter cities. The courts determined in Serrano v. Priest, where disparities in local school funding violated the equal protection clause, the state General Fund can be responsible for remedying this.
From a broader perspective, out of 482 cities, 58 counties, 1,018 school districts, and 3,300 special districts in our state, only 121 charter cities stand to benefit from ACA 13. This unfortunate action by the League of California Cities shows its priorities remain on charter cities, often its largest and most urban members, at the expense of all other local governments.
ACA 13 emerged in the final weeks of the Legislature’s session and is being rushed to avoid the usual vetting process designed to expose flaws like this. ACA 13 serves as a testament to the perils that arise when constitutional changes are hastily made without careful consideration. These changes can lead to policies that are fundamentally flawed and unfair.
General law cities, counties, special districts and school districts need to be aware that ACA 13 is not what the League claims and should reconsider their stance on ACA 13 or demand that the League advocate for all its members, not just the ones who pay the most in dues.
Thank you for your time and consideration. I hope you will take these concerns to heart and make decisions that genuinely benefit our state’s diverse and vibrant local governments.
Please let us know if we can answer any questions.
Sincerely,
Rob Lapsley
Chair
Fight for Prop 13 Campaign
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Paid for by the California Business Roundtable
www.fightforprop13.org
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