DSA Litigation Regarding Measure F

On December 21, 2021, the Placer County Deputy Sheriff’s Association (DSA) and Noah Frederito filed a Petition for Writ of Mandate and Complaint for Declaratory Relief against the County of Placer.  The petition was subsequently amended on January 21, 2022.  The amended petition alleges that the County violated California Election Code § 9125 and Placer County Code § 3.12.040 when the County passed an ordinance amending Placer County Code § 3.12.040 and enacted a salary increase for DSA members that was above what the Measure F formula would provide.  The petitioners argue that the original Measure F local initiative enacted in 1976 cannot be amended or repealed except by a vote of the people. Petitioners request that the Court restore the original language of Measure F.

On February 2, 2022, Placer County filed a Demurrer and Motion to Strike portions of the DSA’s petition. The County’s demurrer sets forth the factual and legal authority supporting the Board’s decision to amend the Measure F ordinance and pay the DSA more in salary than the Measure F formula would provide. It is the County’s position that the original local initiative (Measure F) was void and unenforceable from the start because: (1) it would deprive the Board of Supervisors of its constitutional authority to set employee compensation; (2) it would compel the County to pay salary increases without a negotiated agreement and based on entirely external factors; and (3) it would deprive both the County and the DSA of their statutory rights and duties to negotiate compensation.  Finally, even if it was constitutional in 1976, the Measure F ordinance was superseded in 1980 by the electorate’s adoption of the County Charter which placed the authority to set all employee compensation with the Board of Supervisors thereby meeting the requirements of Election Code § 9125.

Court Filings

DSA Filings

• Petition for Writ of Mandate – December 21, 2021
• Amended Petition for Writ of Mandate – January 21, 2022
• Petitioner's Opposition to Respondent's Motion to Strike - February 17, 2022
• Declaration of David Mastagni ISO Petitioner's Opposition to Respondent's Motion to Strike - February 17, 2022
• Petitioner's Opposition to Respondent's Demurrer - February 17, 2022
• Second Amended Petition for Writ of Mandate - May 27, 2022
• Petitioner's Memorandum of Points and Authorities in Opposition to Respondent's Motion for Summary Judgement - January 12, 2023
• Petitioner's Response to Separate Statement of Undisputed Facts ISO Opposition to Respondent's Motion for Summary Judgement - January 12, 2023
• Petitioner's Appendix of Evidentiary Exhibits in Opposition to Respondent's Motion for Summary Judgement - January 12, 2023
• Declaration of David Mastagni ISO Opposition to Respondent's Motion for Summary Judgement - January 12, 2023
• Declaration of Noah Frederito ISO Opposition to Respondent's Motion for Summary Judgement - January 12, 2023
• Declaration of Laurie Bettencourt ISO Opposition to Respondent's Motion for Summary Judgement - January 12, 2023
• Declaration of David Topaz ISO Opposition to Respondent's Motion for Summary Judgement - January 12, 2023
• Petitioner's Proof of Service for Opposition to Respondent's Motion for Summary Judgement - January 12, 2023

County Filings

• Demurrer to Amended Petition – February 2, 2022
• Motion to Strike Portions of Amended Petition – February 2, 2022
• Request for Judicial Notice – February 2, 2022
• Declaration of Ryan Ronco – February 2, 2022
• Declaration of Lars Reed – February 2, 2022
• Respondent's Reply to Petitioners' Opposition to Motion to Strike - February 24, 2022
• Declaration of Lars Reed ISO Respondent's Reply to Petitioners' Opposition to Motion to Strike - February 24, 2022
• Respondent's Reply to Petitioners' Opposition to Demurrer - February 24, 2022
• Request for Judicial Notice - March 29, 2022
• Response to Second Amended Petition for Writ of Mandate - June 30, 2022
• Notice of Motion and Motion for Summary Judgment - November 8, 2022
• Memorandum of Points and Authorities in Support of Motion for Summary Judgment - November 8, 2022
• Separate Statement of Undisputed Material Facts in Support of Motion for Summary Judgment - November 8, 2022
• Appendix of Exhibits in Support of Motion for Summary Judgment - November 8, 2022
• Appendix of Exhibits in Support of Motion for Summary Judgment Part Two - November 8, 2022
• Respondent's Reply ISO its Motion for Summary Judgement - January 20, 2023
• Respondent's Objection to Petitioner's Evidence in Opposition to its Motion for Summary Judgment - January 20, 2023
• Respondent's Response to Petitioner's Statement of Facts - January 20, 2023

Court Ruling on Demurrer and Appeal

• Placer County Superior Court Ruling - May 17, 2022
• Third District Court of Appeal - Petition for Writ of Extraordinary Relief - June 13, 2022
  • Appendix 1 of 4
  • Appendix 2 of 4
  • Appendix 3 of 4
  • Appendix 4 of 4
• DSA - Preliminary Opposition to Extraordinary Writ - June 23, 2022
• County Response - Third District Court of Appeal - July 5, 2022
• Third District Court of Appeal Denial - Petition for Writ of Extraordinary Relief - August 8, 2022