First 5 LA to Fight Fund Grab in Court

"If left unchallenged, critical services to thousands of young children and their families in underserved communities will be severely limited," said Evelyn V. Martinez, chief executive officer for First 5 LA. "We believe we must take action to protect our children."

"We adamantly oppose re-directing monies intended to be used at the local level, to Sacramento - these are local dollars and should be controlled locally," added First 5 LA Commission Chair and Los Angeles County Mayor Michael D. Antonovich. "In Los Angeles County, the grab translates to approximately $424 million in funds - but by taking legal action, First 5 LA is standing up for our children."

First 5 LA, the largest of California's 58 Proposition 10 commissions, voted unanimously during a closed session to join four other county commissions that filed suit claiming Brown acted unlawfully by approving the funding redirection contained in a bill passed by the Legislature. Fresno, Madera and Merced counties filed a joint lawsuit in Fresno Superior Court on April 5 and, on the same day, the Children and Families Commission of Orange County sued in Orange County Superior Court.

The lawsuits made similar arguments calling the state's move illegal: "In 1998, the voters of the State of California through the initiative process created a trust fund, which for the most part is locally controlled, dedicated to fostering the health and development of young children prenatal stage to the age of five years," states the suit filed in Fresno. "In order to protect their creation, the voters provided that the statute created by the initiative could only be amended by the voters themselves or by the Legislature by a two-thirds vote of both houses. If the statute was modified by the Legislature, it could be amended only if the proposed change was consistent with the purposes and intent of the initiative."

The lawsuit argues that the trust fund money that Brown and the Legislature wants to take, which was set up by voters for tobacco tax money to fund early childhood programs, is "legally beyond their reach."

Three previous attempts to take First 5 money, the most recent in 2009 with Proposition 1D, were rejected by California voters.

The commissions have until July 2012 to turn over the funds. Other commissions are reportedly also considering legal action, including First 5 commissions in Riverside and Kern counties.

Further Reading:

California Watch: First 5 Commissions Sue Over State Budget

‹‹ Back to this week's Monday Morning Report.