Sep. 13, 2012
Kenneth J. Price
See more on Kenneth J. PriceBaker Manock & Jensen PC Fresno Government Specialty: public agency law, government relations
Even though it appeared to be a clear-cut case, Price was going up against Goliath. The parties he and his team hoped to cast a stone upon: California and its governor, Jerry Brown.
In March 2011, Brown signed into law AB 99, which called for the state to take $1 billion from the First 5 California Children and Families Commission fund and transfer it to Medi-Cal. But Price argued the state couldn't claim the money because First 5, formed by state voters in 1998, was created with the intent of taxing cigarettes and other tobacco products to fund early childhood education. It wasn't intended for Medi-Cal or any other service, he contended.
"We felt like we had the law on our side," explained Price, who represented the Children and Families Commission of Fresno County. "The legislation was very specific as to what the funds were to be used for."
Price, who is also general counsel for First 5 of Fresno County, took the lead on the litigation while receiving help from 10 other First 5 agencies across the state. He and his team filed a petition for writ of mandate, arguing that the state couldn't use the funds in a manner different than what the voters had voted upon.
In November 2011, Fresno County Superior Court Judge Debra J. Kazanjian ruled in Price's favor.
"Instead of going back to voters, they legislatively created this vehicle," Price said.
In March, the state declined to appeal the decision, which Price said "speaks to the strength of the case."
The attempted maneuvering of First 5 funds was one of many instances in which California has attempted to divert funds intended for one organization to another. Advocacy groups rarely are successful in appealing such measures, so Price's case struck a chord with several other groups and organizations.
"After the case we had other organizations and agencies come and say, 'We're concerned that the state is using our funds approved by voters or [the] Legislature in some other way," Price said.
Price devotes about 60 percent of his practice to representing government agencies as general counsel and 40 percent dealing with private businesses. His clients run the gamut of Fresno businesses and government agencies, including Fresno Convention and Entertainment Center, Fresno Nuclear Energy Group LLC and the Fresno Local Agency Formation Commission.
- RYNE HODKOWSKI
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