San Bernardino County Board of Supervisors Sued By County Residents and Landowners

SAN BERNARDINO, Calif. - Nov. 5, 2018 - PRLog -- Landowners in largely rural areas of San Bernardino County believe the Board of Supervisors' proposed Fire Prevention Zone Five (FP-5) expansion is illegal, and unfair.
In response, The Red Brennan Group partnered with the Lucerne Valley Economic Development Association, along with other named residents and landowners, to file an injunction against the county to halt FP-5 expansion. The legal action was filed on Thursday, October 11, 2018 in San Bernardino County Superior Court. The suit contends that the expanded zone, which would be imposed only on landowners in the unincorporated areas, violates the Equal Protection clause of the United States Constitution. Additionally, FP-5 includes a special tax implemented without a vote of the affected landowners, a clear violation of the California Constitution.

In June 2018, upon recommendation by County Fire Chief Mark Hartwig, the San Bernardino County Board of Supervisors approved a resolution to expand FP-5. The expansion would impose a $157.26 per year "levy" on all parcels in the unincorporated areas of the county and add $26.9 million dollars per year in revenue to County Fire. The Fire Chief's recommendation was offered as a solution to cover County Fire's ever increasing budget requirements which have accelerated sharply in the past four years. During the June presentation, Chief Hartwig identified a $29 million dollar shortfall for the fiscal year and projected continued deficits even with the additional funding created by expanding FP-5.

San Bernardino County officials believe the additional tax is justified because unincorporated areas of the county do not pay their fair share for fire services. Unincorporated residents see it differently. The coalition points to San Bernardino County Fire's annual reports to demonstrate that resources have migrated away from the Desert and Mountain Regions. For example, personnel assigned to these areas decreased by a combined total of 108 employees since 2011. These regions contain the bulk of the unincorporated area of the county and would be, alone, saddled with the new tax. Budget requirements in the Valley Region, which is composed largely of incorporated areas, have sky-rocketed during the same period. Budget authority for the Valley Region increased from $29 million, in 2011, to $107 million for 2018. This is an increase of almost 260% in seven years.

San Bernardino County Supervisors James Ramos, Curt Hagman, and Josie Gonzales voted in favor of the FP-5 resolution. Given that their districts (3rd, 4th, and 5th) include heavily populated areas of the Valley Region, they were likely content to go along with the Fire Chief's recommendation. Their affirmative vote could ultimately increase funding to County Fire, and decrease pressure on the county general fund, simply by placing a special tax squarely on the backs of landowners in the unincorporated areas. Because their constituent base is composed primarily of voters residing in the incorporated areas, there would be very little political risk from irate voters in their districts. The supervisors of the 1st and 2nd Districts, Robert Lovingood and Janice Rutherford, both voted against the measure.

The Red Brennan Group contends the resolution to expand FP-5, as approved by the County Board of Supervisors, violates both the California and United States Constitution. The organization, along with the Lucerne Valley Economic Development association and other residents of the county, has asked the court for an injunction to halt the process.

The Red Brennan Group is a non-profit 501(c)(4) dedicated to big-hearted communities, and small governments.

If you would like more information about this topic, please call Tom Murphy at (760) 810-5830 or email at tmurphy@redbrennan.org.

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ABOUT THE RED BRENNAN GROUP:

The Red Brennan Group is a non-profit 501(c)(4) dedicated to big-hearted communities, and small governments.

HISTORY: Kieran "Red" Brennan, lived in Wrightwood, an unincorporated community of San Bernardino County, for 41 years. A native of Chicago, and one of 11 children, Brennan served in the Navy's submarine service during World War II beginning in 1944 and through the post-war years to 1952. Subsequently, Mr. Brennan spent his professional career in the computer and technology industry before retiring to Wrightwood.

Brennan served his community in a variety of ways including stints on the Wrightwood Village Council, the Municipal Advisory Council, and the Wrightwood Property Owners' Association. In addition, he spent time teaching English as a Second Language to area residents, and served on the San Bernardino County Grand Jury.

In 2012, Mr. Brennan sponsored the "Compensation Limits and Budget Reductions for Members of the County Board of Supervisors" initiative. Also known as "Measure R." Red believed the County supervisors had delegated much of their authority to a non-elected Chief Executive Officer. In consequence, there was no need to pay the elected officials a full-time salary with benefits.

While Mr. Brennan's effort passed with 64% of the vote, the initiative was superseded by "Measure Q," a competing measure, which earned 67% of the vote. This measure was placed directly on the ballot by the County Supervisors and, in effect, ensured the County Supervisors continued to earn pay and benefits that are, currently, four times the median household income for residents of the county.

Red Brennan passed away in 2013. The Red Brennan Group was started in Red's honor in 2017. The goal of the organization is to carry on with Red's impetus - constraining the growth of government by adjusting the incentives to serve.