Judge: Officials may have broken campaign laws (Santa Clara Co., CA)

Mercury News ^ | 10/27/04 | Mike Zapler

[NormsRevenge]

A Santa Clara County judge Tuesday said it appears that county officials violated campaign laws by using public funds to oppose a controversial initiative on the Nov. 2 ballot.

In a long-awaited ruling, Judge Socrates Manoukian blocked county officials from spending money to sway voters against Measure C, which would grant three unions the right to have an arbitrator resolve contract disputes. County officials staunchly oppose the idea, known as binding arbitration, saying it would diminish their ability to keep payroll costs in check.

But by offering other unions large pay raises in exchange for a written vow not to support binding arbitration, county officials appear to have stepped over the line, Manoukian wrote in an eight-page ruling.

He also took issue with an e-mail that County Supervisor Blanca Alvarado wrote this month to about 1,400 people, sent from her county office, that attached a newspaper editorial urging people to vote against Measure C.

Taken together, the county's actions appear ``to violate certain laws pertaining to the use of public funds in the advocacy of certain partisan political issues,'' Manoukian wrote.

County Counsel Ann Ravel said Manoukian was ``wrong on the facts and wrong on the law'' and vowed to appeal. County officials said that if Measure C passes, the cost to the county could be as high as $15 million in fiscal year 2006, growing to $101 million over five years.

[NormsRevenge]

for the record

[NormsRevenge]

--snip--

With less than a week to go before the election, the practical effect of Manoukian's ruling is limited; there isn't much campaigning that county officials could do even if they wanted to. And Ravel said no one had planned to do what Manoukian refrains them from doing.

But Measure C proponents -- namely unions representing county attorneys, nurses and correctional officers -- hope Manoukian's ruling will provide a nudge of momentum heading toward Election Day.

[formercalifornian]

Socrates?

[NormsRevenge]

Yup.. He gets high marks from trial attorneys , having been one. He's a Pete Wilson appointee.

http://www.law.com/regionals/ca/opinions/onthebench/manouk.shtml