LAKE COUNTY — Lake County will be among 28 counties jointly filing suit against State Controller John Chiang next week, if the state doesn”t approve a budget Saturday as anticipated.
Sacramento and San Diego counties filed the lawsuit Friday afternoon, and 26 counties are expected to file next week. The joint effort seeks to ensure the controller releases $270 million in payments he is proposing to withhold from counties during the next month because of the state”s budget crisis.
Regarding the expected success of the suit, Lake County Counsel Anita Grant said Friday, “It”s difficult to tell because this type of action is not something that happens normally, so you don”t have a whole cache of case law to draw on. But it”s a legitimate argument, because under the law, once funds are appropriated, the state controller has a ministerial duty to allocate those funds, and does not have the authority to defer or suspend those allocations. At least, that”s what we”re asking the court to decide.”
If the delay continues, Lake County Chief Administrative Officer Kelly Cox said the county”s general fund will have to pick up the tab for the state-mandated programs that would be impacted, including CalWORKS, mental health, adoption and foster care assistance and alcohol and drug programs.
The Lake County Board of Supervisors authorized Grant to include Lake County in the lawsuit in a closed session meeting last week. Grant said the lawsuit will be a moot point if the state adopts its budget today or in the next week. Cox said because he anticipates the state reaching consensus, he hasn”t calculated the dollar amount that would be withheld from Lake County.
“We know without doing the calculations that it”s an amount of money so and so significant that it could basically bring us to a halt ? if we don”t go out and borrow money,” Cox said. “I don”t think it will be an issue. I think there is going to be a vote on the state budget. Now something is finally coming to the floor and they can”t wait any longer ? they”re up against a wall.”
In the county”s mental health department alone, $2.1 million of costs would not be covered if the payment is not made, according to Cox.
“That pales in comparison to (the impact on) social services,” Cox said.
Lake County Social Services Director Carol Huchingson said she doesn”t foresee delaying or cutting services. She said funds intended for other purpose would have to be diverted to cover impacted programs, but would need to be replaced if the state”s payments are delayed.
“At this point, and providing the deferrals are short-term and paid back promptly, we don”t foresee cuts in staffing,” Huchingson said.
Contact Tiffany Revelle at trevelle@record-bee.com, or call her directly at 263-5636 ext. 37.
