Lehane v. City & County of San Francisco

Opinion

BROWN (H. C.), J. This is an appeal from a judgment sustaining a demurrer without leave to amend in an action in which the plaintiffs (a police officer, the Peace Officers Research Association of California, and the San Francisco Police Officers Association) sought an injunction to restrain the City and County of San Francisco from paying dues to the League of California Cities (hereafter League).

The pertinent allegations of the complaint to which the demurrer was sustained may be summarized as follows: The City and County of San Francisco (hereafter San Francisco) is a member of the League, an organization supported by the dues of its member cities. San Francisco- pays $14,500 in dues annually. One of the activities of the League is lobbying before the state Legislature. The League has opposed a number of bills which are actively supported by plaintiffs. The payment of the annual dues by San Francisco and the use of the dues by the League for lobbying purposes violates plaintiffs’ rights to equal protection, of the law, abridges their right to petition the Legislature, and denies their right to freedom of speech and association. In an amended complaint and in the briefs, it is also argued that the payment of dues involves an unlawful delegation of legislative power of the San Francisco Board of Supervisors to the League.

The first issue presented on this appeal is whether the court erred in sustaining a general demurrer to the complaint without leave to amend.

Section 50023 of the Government Code authorizes the expenditure of public funds by a city to support or oppose legislation directly or through a representative. Expenditures for lobbying purposes have been upheld under authorization of the city charter. (Powell v. City & County of S.F., 62 Cal.App.2d 291 [144 P.2d 617]; see 15 McQuillin, Municipal Corporations (1970 rev.ed.) § 39.23; see also Crawford v. Imperial Irrigation Dist., 200 Cal. 318 [253 P. 726], where employment of a “lobbyist” was [1054]upheld as necessary to accomplishment of purposes authorized.) Nor do appellants challenge the propriety of expenditures of public funds for lobbying purposes. Rather, they challenge the right of the board of supervisors to delegate this power or responsibility to the League. In so doing, respondents challenge section 50024 of the Government Code which specifically provides that the legislative bodies of local agencies may enter into associations and fulfill their lobbying activities through a representative of the association.