Howard Jarvis Taxpayers Assn. v. Amador Water AgencyAnnotate this Case
Citizens submitted a referendum petition to challenge Amador Water Agency’s Board Resolution No. 2015-19, adopting new water service rates for Agency customers. The Clerk of the Agency rejected the referendum petition and refused to place it on an election ballot, on the grounds that: (1) the petition was “confusing;” and (2) the rate change, while subject to challenge by initiative, was not subject to referendum. Appellants Howard Jarvis Taxpayers Association, Charlotte Asher, and Laura Boggs appealed the trial court’s denial of their petition for a peremptory writ of mandate against Amador Water Agency, its Clerk, and its Board of Directors (collectively “the Agency”). Appellants argued: (1) the Clerk exceeded her ministerial duties by declaring the petition confusing; and (2) referendum was an appropriate avenue to challenge the new water rates. After review, the Court of Appeal determined: (1) the Clerk exceeded the scope of her ministerial duty and should have certified the referendum petition as adequate; and (2) the Resolution was not subject to referendum. The Court reached a different conclusion in a different case currently under California Supreme Court review. Because the Court concluded the Resolution was not subject to referendum, it affirmed the judgment denying the writ petition.