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Opinions published in 2013
| Opinion | Question | Conclusion | Published |
|---|---|---|---|
| 12-605 | Did the City of San Jose fulfill its statutory collective bargaining obligations before placing an initiative measure on the June 2012 ballot that, after its passage, amended the City Charter so as to increase city police officers’ retirement contributions and reduce their retirement benefits? | Leave to sue is GRANTED to determine whether the City of San Jose fulfilled its statutory collective bargaining obligations before placing an initiative measure on the June 2012 ballot that, after its passage, amended the City Charter so as to increase city police officers’ retirement contributions and reduce their retirement benefits. | 04/15/2013 |
| 12-107 | Proposed relator NAPA POLICE OFFICERS ASSOCIATION (“Napa POA” or “POA”), the exclusive bargaining unit for police officers and sergeants in the Napa Police Department, seeks leave to sue proposed defendant the CITY OF NAPA (“City”) in quo warranto on the following question: Does the City’s creation of a Human Resources Department and the appointment of a Human Resources Director usurp the authority of the office of Personnel Director in violation of the Napa City Charter? | The equitable remedies of declaratory and injunctive relief that the Napa POA seeks are not available in a quo warranto action. Accordingly, leave to sue in quo warranto is DENIED. The denial of this application, however, does not preclude the Napa POA from bringing another form of legal action alleging that the City’s actions have infringed upon its interests. | 04/23/2013 |
| 11-601 | When specified revenue sources—including off-highway vehicle registration fees, fees for using off-highway vehicular recreation facilities, and fuel taxes attributable to the use of off-highway vehicles—are designated by statute for deposit in the Off-Highway Vehicle Trust Fund for program-related purposes, may the Legislature redirect that money to other purposes by (a) loaning part of the Trust Fund corpus to the General Fund, or (b) diverting a portion of the fuel-tax revenues that would otherwise flow into the Trust Fund? | When the state’s General Fund has been depleted, the Legislature may loan money from the Off-Highway Vehicle Trust Fund’s principal to the General Fund as a budget-balancing measure under certain conditions, which include prompt repayment of the loan and preservation of the core program for which the Trust Fund was created. The Legislature may also permanently divert and reallocate fuel-tax revenues previously allocated to the Trust Fund. | 06/12/2013 |
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