LAFCO Unanimously Backs SB 1209 to Clarify Indemnification Authority for Local LAFCOs

The Local Agency Formation Commission voted unanimously on May 17, 2024 to approve a resolution in support of California Senate Bill 1209, a measure sponsored by CALAFCO that would explicitly authorize LAFCOs to require applicants for changes of government boundaries or creation of special districts to indemnify the commission against legal costs.

Executive Officer Jeremy Pollock explained the measure responds to a 2022 court decision in San Luis Obispo that, in his description, called into question the statutory authority for LAFCOs to demand indemnification. Pollock said the resolution is intended as solidarity with LAFCOs statewide and as a protective measure against the potential financial risk of defending litigation related to boundary or district decisions.

Pollock noted that San Francisco LAFCO is a consolidated city-county commission and rarely deals with boundary changes; nevertheless, he recommended support in case of future proposals that could trigger litigation. The commission approved the supporting resolution in a unanimous recorded vote.