U.S. Supreme Court,
Tax,
Government
Apr. 2, 2019
Necessary water rate increases shouldn’t be subject to referendum
A recent Court of Appeal ruling considered whether a city’s resolution establishing new water rates over a six-year period was not subject to referendum, but only a voter initiative.
Steven G. Churchwell
Of Counsel
Buchalter APC
Email: schurchwell@buchalter.com
University of Tennessee COL; Knoxville TN
Steve is former general counsel for the California Fair Political Practices Commission. He has served as counsel to state and local initiative and referendum campaigns since 1988.
In 1996, California's voters amended the state constitution by approving Proposition 218. The measure placed new requirements on cities, counties and districts that want to increase taxes, assessments (e.g., for streets, lighting) or fees (e.g., for water, trash or sewer services). Proposition 218 expressly guaranteed the right of voters to repeal or reduce any of these financing mechanisms by use of their initiative power. It was silent, however, on the use of a vote...
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