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AgdaPkt 2009-07-13 clsd and jnt
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AgdaPkt 2009-07-13 clsd and jnt
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Last modified
7/9/2009 3:45:46 PM
Creation date
7/9/2009 3:08:48 PM
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CC Index
CC Index - Document Type
Agenda Packet
Meeting Type
Joint
Agency Type
City Council and Redevelopment Agency
Date
7/13/2009
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<br />9A <br />Page 12 <br /> <br />judge. The bill is adamantly opposed by the League and other local government associations. It <br />constitutes an unwarranted Intrusion into what is a very local decision. <br /> <br />The League is opposed to AS 155 for the following reasons: <br /> <br />Offers little In solutions to local fiscal crises and likely causes greater harm: AB 155 <br />undermines the principal benefits of federal bankruptcy: the automatic stay of financial obligations <br />and time to allow a debtor some "breathing space" to formulate" a debt restructuring plan. The <br />state has no expertise on local finance issues. <br /> <br />Bankruptcy judges have financial expertise that CDIAC cannot offer. CDIAC does not bring <br />anything to the bankruptcy process that is not already present. Unlike other courts, bankruptcy <br />courts are under the direction of judges trained in finance and bankruptcy. These judges are <br />competent to render a decision about a local agency's solvency, the state is not. The bill turns a <br />financial decision into a political decision. <br /> <br />Sponsors say local governments will use bankruptcy to break union contracts-Slmply <br />not true: Bankruptcy is not a decision that is made lightly. Bankruptcy judges are tasked with <br />rendering a decision as to whether an entity is solvent, which requires a rigorous examination of a <br />local government's fiscal condition. Only after a bankruptcy judge finds an entity insolvent may <br />they proceed into bankruptcy. Furthermore, once in bankruptcy proceedings, a municipality must <br />meet several tests in order to abrogate labor contracts. In other words, municipalities have the <br />burden of proof in order to seek and receive abrogation of labor contracts. <br /> <br />Bankruptcy Is not taken lightly by any locally--elected official: The decision to go into <br />bankruptcy is a difficult decision under any condition. An agency teetering on fiscal viability does <br />not take such decisions lightly; bankruptcy is a "solution" of last resort. <br /> <br />Recent amendments are irrelevant and do not remove the League's opposition: The state <br />cannot afford to be liable to a local agency's creditors in the event the CDIAC denies an entity's <br />petition. By simply stating in statute that the state is not liable for its decisions, does nothing to <br />relieve the state's potential liability. Assessing a fee for a mandated process is absurd during a <br />time that an agency's financial obligations are expected to be met when they are unable to meet <br />them. <br /> <br />For these reasons, the League opposes AB 155 and asks that cities contact the member of the <br />Senate local Government Committee and ask for their NO vote on the bill on July 8. <br /> <br />SaveYourCity.net Reaches 500 Video Testimonial Milestone <br />Opposition to State Proposals to Raid Local Funds Continues <br /> <br />SaveYourCity.net reached a monumental milestone this week when the 500th video testimonial <br />was loaded on the site. The site serves as a platform to tell polley makers how communities will <br />be devastated if the state raids local Gas and Redevelopments funds. Local elected city and <br />county officials, state legislators, members of labor and public safety groups as well as concerned <br />citizens, have all recorded testimonials asking the Legislature to save California cities. <br /> <br />Launched by the League in May, www.SaveYourCitv.netautomatically sends each video to the <br />legislators of the person who made it and Gov. Arnold Schwarzenegger. More than 8,000 visitors <br />have already flocked to the site, spending an average of four minutes watching videos and <br />exploring the resources. The Web site also features an interactive forum where visitors can <br />search for videos relevant to their local community, a form for groups wanting to join the Save <br />Your City Coalition and a tool kit with fact sheets for how budget cuts will affect the affordable <br />housing community, public safety, the environment, labor, builders and business. <br /> <br />SaveYourCity.net has attracted considerable attention from the Legislature with a growing <br />number of members making their own videos including: Senate Republican Leader Dennis <br />Hollingsworth, Assembly Member Anna Caballero, Assembly Member Curt Hagman, Assembly <br />Member Tom Berryhill. Sen. Jeff Denham. Sen. Dave Cogdill, Assembly Member Paul Cook and <br /> <br />5 <br />
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