LAFCO PROTEST PROVISIONS · LAFCO PROTEST PROVISIONS ... protest and election proceedings if...

LAFCO PROTEST PROVISIONS

LAFCO PROTEST PROVISIONSPart 4 of CKH: Conducting Authority Proceedings

• Conducting Authority Purpose & History

• Basic procedures

• Tips on conducting protest proceedings

• Flow Charts

LAFCO PROTEST PROVISIONSDefinitions

• A commission, or its Executive Officer, is referred to as a

“Conducting Authority” when exercising responsibility under

Section 56069.5 to provide notice to voters and property owners

allowing for submittal of written protest. (56029)

• Changes of organization can be ordered without an election; with

an election; or can be subject to termination, depending on

amount of protest submitted during conducting authority proceedings (57075-77, 57077.1-4, 57078)


History of Conducting Authority Proceedings

o Prior to 2001, affected city, district, or county performed role of Conducting Authority as designated by LAFCO.

• When affected agencies were assigned responsibility to conduct the protest proceedings, they were referred to as the “conducting authority”.

• Affected agencies were unfamiliar with conducting authority responsibilities and caused delays – they were relieved when CKH was enacted transferring these responsibilities to LAFCO.


History of Conducting Authority Proceedings

o Enactment of CKH in 2000 carried over the usage of the term, “conducting authority” and assigned the responsibility to LAFCO (or the executive officer). The usage of the terms “conducting authority proceedings” and “protest proceedings” is interchangeable.

o LAFCO’s are responsible for conducting authority responsibilities, except for:

• Special act districts (e.g., 56036.5 agencies: library district, bridge & highway district, transit district, metropolitan water district, separation of grade district).

• Special act districts that LAFCO determines is not a district for purpose of protest proceedings (e.g., Flood Control Dist., Floodwater Cons. Dist., Conservation dist., H2O Replenishment Dist., Orange County WD, Calif. Storage Dist., Water Agency, County Water Auth.)

Basic LAFCO Procedure

Initiation

Resolution of affected county - city - special district

school district

LAFCO meeting/hearing

LAFCO disapproval

LAFCO approval

Conducting authority hearing (If LAFCO did not waive protest

hearing and election)

Order if less than 50% protest

(uninhabited); Order w/out election if less

than 25% protest (inhabited);

otherwise order w/ election

Proceedings terminated (One year wait to reapply unless waived by LAFCO)

Petition of registered voter / landowner

(5-25% petition threshold)

50% or more protest – Terminate proceedings


Tips to Avoid Falling into the Protest Hearing Rabbit Hole

o Prepare: Staff/Commission script

o Follow a reasonable interpretation of provisions

o Delegation: When to lead and follow

o Develop forms: Protest forms; political contributions, etc.

o Determine protest value: Be fair, be easy on self

o Establish fee schedule: Protest verification costs

o Time requirements: Notification; reporting results, etc.


TIP NO. 1: PREPARE A SCRIPTProtest hearings have mandatory components and it is easy to

make procedural errors, so prepare a script and do not attempt to “wing-it”. Below is a suggested script template.

o Introductions: Call meeting to order, introduce staff especially if Registrar of Voters or Assessor’s Office staff are present.

o Purpose: Describe the purpose of the hearing for the public to avoid rehearing the original proposal.

o Delegation disclosure: Disclose if Exec. Officer is running mtg.

o Meeting Summary: (1) Meeting format, (2) Time frame for submittal of protests, (3) Speaker slips, protest forms, withdrawal forms, (4) Summary of Resolution making dets, (5) Verification procedure, (6) Protest & majority protest thresholds, (7) Reporting results of meeting.


TIP NO. 2: MAKE REASONABLE INTERPRETATIONSProtest provisions have odd requirements. Use common sense and fair

approaches in making interpretations. Don’t be in the weeds making micro-analytical unintelligible interpretations.

o Reduce Judgment calls: Protests must be in writing; develop separate forms for voter and land owner protests; include ownership proportionality disclosures to reduce judgment calls on determining protest sufficiency.

o Filing of Protests: Protests must be filed prior to the conclusion of hearing showing date of signature and whether it was made by a registered voter or landowner. Some LAFCOs allow postmarks, while others require the filing of actual written protests at the hearing.

o Continuance of Hearing: Section 57050 permits a hearing continuance, not to exceed 60 days from the date specified in hearing notice; a continuance should be granted for compelling reasons, rather than to allow opponents to circumvent (expand) the protest gathering time frame contained in the hearing notice.


TIP NO. 3: WHEN TO DELEGATE TO EXECUTIVE OFFICER

Responsibility for conducting protest proceedings can be delegated to Executive Officer per Sec. 57000(c) because

such proceedings are largely ministerial. However…….

o Controversial proposals. Even though protest proceedings are largely ministerial, some opponents associated with controversial proposals may use protest proceedings to impugn credibility of LAFCO and staff. In those cases, consider the following:

• Let the commission serve as conducting authority.

• Invite Registrar of Voters or Assessor staff to monitor or collect protests for verification.

• Use LAFCO Legal Counsel to fullest extent possible to assist with running meeting.


TIP NO. 4: ANTICIPATE THE UNANTICIPATED

Verification of written protests can be time consuming and expensive, so consider adding a protest verification category to

the fee schedule.

o Protest Forms: Prepare written two sets of protest forms for the public: (1) registered voter and (2) landowner.

o Register of Voters Fees: Some LAFCOs will send protest forms to Registrar for verification and are in turn charged a fee for this service. Other LAFCOs conduct the verification internally. To minimize LAFCO costs, consider the following.

• Add a fee category to LAFCO processing fee schedule and pass-on the actual verification costs to applicants.

• Refer all draft protest forms to Registrar and Assessor for comment to ensure form format meets verification requirements.

LAFCO PROTEST PROVISIONSTIP NO. 5: TIME REQUIREMENTS & OTHER MATTERS

Protest provisions contain certain quirks that can be inadvertently overlooked.

o Protest hearing must be set within 35 days following adoption of commission resolution making determinations (57002)

o Hearing cannot be less than 21 days or more than 60 days after notice.

o Hearing may be continued not to exceed 60 days from date in notice.

o Extension of any previously authorized special tax or benefit assessment requires mailed notice to each landowner within the affected territory. (57025)

o Hearing Location: Hearing in affected territory if LAFCO initiated proposal.

o Conclusion of Hearing: Written protests must be filed prior to conclusion of hearing (57051).

• After hearing is closed, it may be necessary to re-convene at a subsequent meeting to report the results of the protest verification. Remember to first close the hearing.

Navigating Through LAFCO Protest Procedures

Inhabited District Annexation

Initiation (GC §56650, §56653, §56654, §56864)

Resolution of affected county - city - special district -

school district


LAFCO disapproval

LAFCO approval

Conducting authority hearing (LAFCO may waive notice,

hearing, and election) (GC §56663)

Less than 25% protest – order annexation

(GC §57075)

(One year wait to reapply unless waived by LAFCO) Proceedings terminated

(GC §56884)

Petition of registered voter / property owner

(25% petition threshold)

50% or more protest – terminate proceedings

(GC §57078)

25% or more protest – order election (GC §57075)

Majority voter approval – order annexation

(GC §57176)

Less than majority voter approval – terminate proceedings

(GC §57179)

Resolution of annexing district

LAFCO information meeting and annexing district notification

(GC §56857)

Annexing district adopts resolution requesting termination

within 60 days of LAFCO information meeting

District does not request termination within 60 days

Proposal is terminated

Inhabited City Annexation

Initiation (Annexation area must be in the same county. Area

must be contiguous with the city unless it is city-owned property or a state correctional facility)

(GC §56653, §56654, §56741, §56742, §56742.5)


school district


LAFCO disapproval

LAFCO approval

Conducting authority hearing (LAFCO may waive notice,

hearing, and election) (GC §56663, 57002)

Less than 25% protest – order annexation

(GC §57075)

Proceedings terminated (One year wait to reapply unless waived by LAFCO)

(GC §56884)



50% or more protest – terminate proceedings

(GC §57078)

25% or more protest – order election

Majority voter approval – order annexation

(GC §57176)

Less than majority voter approval – terminate proceedings

(GC §57176)

Order without election if initiated by LAFCO, affected district, or

petition, unless majority protest and is consistent with §56378, §56425, or

§56430 (GC §57077.1(b)(3))

If not initiated by LAFCO: order subject to election if subject agency has not

objected and there is 25% or more protest within

affected territory(GC §57077.1(b)(1))

If not initiated by LAFCO: order subject to

election if subject agency has objected and there is 25% or

more protest within any subject agency

(GC §57077.1(b)(2))

If initiated by LAFCO and regardless of subject agency protest and there is 10% or

more protest within any subject agency:order election

(GC §57077.1(b)(3))

LAFCO Disapproval

50% or more protest –terminate proceedings

(GC §57078)

Proceedings terminated

(one-year wait unless waived by

LAFCO)(GC §56884)

25% or more protest -order election

Majority voter approval –order annexation

(GC §57176)

Less than majority voter approval –

terminate proceedings(GC §57179)

Notwithstanding GC §57077.1 (a) & (b)(1-3) and

§57102, if a proposal consists of a single

dissolution, and is consistent with §56378, §56425, or §56430: order without

protest and election proceedings if initiated by subject agency, or order

dissolution unless majority protest is found after

holding protest hearing if initiated by affected agency,

LAFCO, or petition. (GC §57077.1(c))

Conducting AuthorityLAFCO Approval

Initiation(GC §56870, §56871, §56653, §56654)


school district



For inactivity; petition of 3 voters or property owners

LAFCO Meeting/Hearing

50% or more protest -terminate proceedings

(GC §57078)

1 Note: Election required to dissolve hospital district

regardless of protest (GC §57103)

District Dissolution



§56430 (GC §57077.1(b)(3))

If not initiated by LAFCO: order subject to election if

subject agency has not objected and there is 25%

or more protest within affected territory

(GC §57077.1(b)(1))

If not initiated by LAFCO: order subject to election

if subject agency has objected and there is 25% or more protest

within any subject agency

(GC §57077.1(b)(2))



(GC §57077.1(b)(3))

LAFCO Disapproval


(GC §57078)



LAFCO)(GC §56884)



(GC §57176)



Notwithstanding GC §57077.1 (a) & (b)(1-3) and §57102, if a proposal consists of a single dissolution, and is consistent

with §56378, §56425, or §56430: order without protest

and election proceedings if initiated by subject agency, or

order dissolution unless majority protest is found after




Initiation(GC §56870, §56871, §56653, §56654)

Resolution of affected county -city - special district -

school district






(GC §57078)





§57102, if a proposal consists of a single

dissolution, and is consistent with §56378, §56425, or §56430: order without

protest and election proceedings if initiated by subject agency, or order

dissolution unless majority protest is found after



LAFCO Approval

Initiation(GC §56870, §56871, §56653, §56654)


school district










§56430 (GC §57077.1(b)(3))




(GC §57077.1(b)(1))




(GC §57077.1(b)(2))



(GC §57077.1(b)(3))

LAFCO Disapproval


(GC §57078)



LAFCO)(GC §56884)



(GC §57176)



Notwithstanding GC §57077.1 (a) & (b)(1-3) and §57102, if a proposal consists of a single dissolution, and is consistent

with §56378, §56425, or §56430: order without protest

and election proceedings if initiated by subject agency, or

order dissolution unless majority protest is found after




Initiation(GC §56870, §56871, §56653, §56654)


school district






(GC §57078)




Order without election if initiated by LAFCO, affected district, or petition, unless

majority protest and is consistent with §56378,

§56425, or §56430 (GC §57077.1(b)(3))


(GC §57078)

Conducting Authority

Initiation(GC §56870, §56871, §56653, §56654)


school district










§56430 (GC §57077.1(b)(3))




(GC §57077.1(b)(1))




(GC §57077.1(b)(2))



(GC §57077.1(b)(3))

LAFCO Disapproval


(GC §57078)



LAFCO)(GC §56884)



(GC §57176)




§57102, if a proposal consists of a single dissolution, and is

consistent with §56378, §56425, or §56430: order

without protest and election proceedings if initiated by subject agency, or order

dissolution unless majority protest is found after holding protest hearing if initiated by

affected agency, LAFCO, or petition.

(GC §57077.1(c))


Initiation(GC §56870, §56871, §56653, §56654)


school district






(GC §57078)





subject agency has not objected and there is 25% or more protest within affected

territory(GC §57077.1(b)(1))




(GC §57077.1(b)(2))



(GC §57176)


Initiation(GC §56870, §56871, §56653,

§56654)

Resolution of affected county - city - special

district -school district






(GC §57078)







petition, unless majority protest and is

consistent with §56378, §56425, or

§56430 (GC §57077.1(b)(3))


election if subject agency has not objected

and there is 25% or more protest within

affected territory(GC §57077.1(b)(1))

If not initiated by LAFCO: order subject to election if subject agency has objected and there is 25% or more protest within any subject agency(GC §57077.1(b)(2))

If initiated by LAFCO and regardless of subject

agency protest and there is 10% or more protest

within any subject agency:order election

(GC §57077.1(b)(3))

LAFCO Disapproval


(GC §57078)



LAFCO)(GC §56884)



(GC §57176)






without protest and election proceedings if

initiated by subject agency, or order dissolution unless majority protest is found

after holding protest hearing if initiated by


(GC §57077.1(c))


Initiation(GC §56870, §56871, §56653,

§56654)

Resolution of affected county - city - special district

-school district





50% or more protest -terminate

proceedings(GC §57078)




If initiated by LAFCO and regardless of

subject agency protest and there is 10% or


(GC §57077.1(b)(3))

Majority voter approval –

order annexation(GC §57176)



Initiation(GC §56870, §56871, §56653, §56654)


school district











§56430 (GC §57077.1(b)(3))




(GC §57077.1(b)(1))


election if subject agency has objected and

there is 25% or more protest within any

subject agency(GC §57077.1(b)(2))



(GC §57077.1(b)(3))

LAFCO Disapproval


(GC §57078)



LAFCO)(GC §56884)



(GC §57176)






without protest and election proceedings if initiated by subject agency, or order

dissolution unless majority protest is found after holding protest hearing if initiated by


(GC §57077.1(c))


Initiation(GC §56870, §56871, §56653, §56654)


school district






(GC §57078)




LAFCO Disapproval



LAFCO)(GC §56884)

Initiation(GC §56870, §56871, §56653, §56654)


school district








Order without election If insufficient protest is submitted.

(GC §57077.4)

Order reorganization, subject to election IF 25% or more protest

within affected territory (GC

§57077.4(b)(1)(2)

Order reorganization,subject to election IF 10% or more protest within any subject

agency if dissolution is initiated by LAFCO (GC § 57077-.4(b)(3),

§57113)

50% or more protest terminate proceedings

(GC § 57078))


(GC §57176)




Initiation(GC §56870, §56871, §56653, §56654)

Resolution of affected agency

Petition of registered voters / landowners


LAFCO Meeting(approval)

District Dissolution and Annexation


(GC §57077.4)


within affected territory

(GC §57077.4(b)(1)(2)



§57113)


(GC § 57078))


(GC §57176)




Initiation(GC §56870, §56871, §56653, §56654)





District Dissolution & Annexation

Order without election If

insufficient protest is

submitted.(GC §57077.4)


Initiation(GC §56870, §56871, §56653, §56654)







(GC §57077.4)



(GC §57077.4(b)(1)(2)



§57113)


(GC § 57078))


(GC §57176)




Initiation(GC §56870, §56871, §56653, §56654)






Order reorganization,

subject to election IF 25% or

more protest within affected

territory(GC

§57077.4(b)(1)(2)

Majority voter approval –

order annexation(GC §57176)




Initiation(GC §56870, §56871, §56653, §56654)






Order without election IF insufficient protest is submitted.

(GC §57077.4)



(GC §57077.4(b)(1)(2)



§57113)


(GC § 57078))


(GC §57176)


terminate proceedings

(GC §57179)


Initiation(GC §56870, §56871, §56653, §56654)








§57113)

)


(GC §57176)




Initiation(GC §56870, §56871, §56653, §56654)







(GC §57077.4)



(GC §57077.4(b)(1)(2)


agency if initiated by LAFCO

(GC § 57077-.4(b)(3), §57113)


(GC § 57078))


(GC §57176)




Initiation(GC §56870, §56871, §56653, §56654)






50% or more protest terminate

proceedings(GC § 57078))


Initiation(GC §56870, §56871, §56653, §56654)






District Consolidation Initiation(GC §56650, §56653, §56865, §56853)

Majority resolution of each subject agency


LAFCO disapproval

LAFCOapproval

Conducting authority hearing (GC §57077.2)

Order consolidation without election unless 25% or more

protest (GC §57077.2)

Proceedings terminated(One year wait to reapply unless

waived by LAFCO) (GC §56884)

Resolution of affected county –city – special district – school

district


(GC §57078)

Order consolidation subject to an election

Majority voter approval within each district – order consolidation

(GC §57177.5)

Less than majority voter approval –terminate proceedings

(GC §57177.5)

Petition of registered voters (5% petition threshold)

25% or more protest within entire territory triggers election if proposal

initiated by majority resolution(GC §57077.2)

25% or protest within any subject agency triggers election if any subject agency

objects by resolution(GC §57077.2)

Initiation(GC §56650, §56653, §56865, §56853)



LAFCO disapproval

LAFCOapproval







district


(GC §57078)



(GC §57177.5)


(GC §57177.5)






District Consolidation


LAFCOApproval





(GC §57078)



(GC §57177.5)


(GC §57177.5)



25% or protest within any subject agency triggers election if any

subject agency objects by resolution(GC §57077.2)


Initiation(GC §56650, §56653, §56865, §56853)



LAFCO disapproval

LAFCOapproval







district


(GC §57078)



(GC §57177.5)


(GC §57177.5)







District Consolidation LAFCO

Meeting/Hearing

LAFCO Disapproval

Proceedings terminated(One year wait to

reapply unless waived by LAFCO) (GC §56884)

Initiation(GC §56650, §56653, §56654, §56864)

Petition of registered voter/propertyowner (5% petition threshold)

Resolution ofaffected district

Resolution of affected county-city-school district

Information meeting/hearing on original/alternative proposal and subsidiary and merger proposal

Subject district adopts resolution of consent

(GC §56861)

70-day wait period

If not initiated by LAFCO and if subject agency has not objected and there is

25% or more protest within affected territory, then

order change of organization subject to

election (GC §57107)

Majority voter approval –Order subsidiary district/merger

(GC §57176)

Subject district adopts resolution to file alternative proposal

(GC §56861)


(GC §57078)

If not initiated by LAFCO and if subject agency has objected

and there is 25% or more protest within subject agency,

then order election for change of organization

(GC §57107)

If initiated by LAFCO and regardless of subject

agency objection, order election within affected

territory if more than 10% protest

(GC §57107, §57113)

If disapproved by LAFCO, then proceedings are

terminated and subject to one-year wait to reapply

period(GC §56884)

District Merger and Establishment of Subsidiary District

Information meeting/hearing on original/alternative proposal

and subsidiary and merger proposal

If not initiated by LAFCO and if subject agency has not

objected and there is 25% or more protest within affected territory, then order change of organization subject to

election (GC §57107)

Majority voter approval –Order subsidiary district/merger

(GC §57176)


(GC §57078)

If not initiated by LAFCO and if subject agency has objected

and there is 25% or more protest within subject agency, then order election for change

of organization(GC §57107)

If initiated by LAFCO and regardless of subject agency

objection, order election within affected territory if

more than 10% protest(GC §57107, §57113)

If disapproved by LAFCO, then proceedings are

terminated and subject to one-year wait to reapply

period(GC §56884)

District Merger and Establishment of Subsidiary District

LAFCO PROTEST PROVISIONS · LAFCO PROTEST PROVISIONS ... protest and election proceedings if...

Documents

Transcript of LAFCO PROTEST PROVISIONS · LAFCO PROTEST PROVISIONS ... protest and election proceedings if...