As a long-time, career bureaucrat, I can tell you that the first requirement of the agency is to survive. That means your first inquiry gets a “no”. The lawyers will edit/write it.
That’s why I counsel folks to hold something back. If you dump everything now, when you get to the Council for your 3 minutes, the bureaucrats will be able to tell the board, “That’s already been addressed,” and you’re done.
Save your statutory citations and other noise for the town hall meeting when you can tell the Council that the bureaucrats have been non-responsive to your simple request…They won’t provide a simple accounting of fee development. Your concern is the legal jeopardy into which this may place the city. The lawyers in the room will not flinch, but this is the only time you will get to call everybody out as stonewalling you on a simple budget issue.
However, if you are going to shoot your wad all at one time in your letter, you should include of
Blank v Santa Clara County filed by SAF. Initial issuance costs exceed $2k and require shrink evaluation and other onerous elements.
As of this week, the suit is now being amended to allow the
AG to intervene on the part of the County for the limited purpose of defending the constitutionality of California Penal Code section 26190, subdivisions (b)(1) and (e)(1). (That’s good for your city, so be aware that it’s a double-edged sword.)
The
County asked for this (page 4):
The
AG wants in.
Remember, this is not legal advice, this is an opinion framed from over 30 years of bureaucratic knife fights and at the federal, and state Agency, Gubernatorial, and elected Board support activities.
Also, the city attorneys…if they’re worth their degree (and most are)… have taken all of the legal issues into consideration in developing this policy. They aren’t incompetent and they aren’t blind.
Eventually, what all of this means is the Council will probably chill until the courts rule, so I’d advise you to stay off of the Court issues until you stand in front of them. Then, give them a handout with the details…when you speak, don’t deep dive….stay on the wave tops.
I believe that if you hit the stuff now the lawyers will quash your arguments and the Council will take it into executive session due to potential litigation and the issue will be dead to the public. The sooner you show your hand, the sooner they can redeal and shut down the game.
It’ll be years before they find out whether they can keep the money or if they have to reimburse the atrocious fees, so they won’t care today.
(The can, when kicked, continues to roll down the road). And the bureaucracy survives.
My apologies for the cynicism, but if your original letter crossed my desk back in the day, it would have been quietly dealt with.