Orange County Fire Authority officials said Thursday they may appeal an Orange County Superior Court judge’s ruling prohibiting a plan to offer Irvine and other cities property tax rebates in order to keep them from leaving the agency and essentially financially ruining it.
Irvine and some officials from the 23 cities that make up the Orange County Fire Authority have complained they are paying more than they get from the agency in terms of firefighting. Irvine officials threatened to leave the authority if their fee was not reduced, so they joined the OCFA in fighting a lawsuit by Orange County opposing any return of property taxes to Irvine.
Orange County Superior Court Judge William Claster, in a ruling dated Monday, said he found the “overfunding problem described in the pleadings and the supporting documents appears legitimate and long-standing,” but added that rebates would amount to an illegal gift of public funds.
The law, Claster ruled, requires the property tax revenue to be used for firefighting purposes, and if the agency gives some of that money back to the cities then they could spend it any way they like and not on firefighting.
“The fact that the payments may have the effect of keeping Irvine and other cities in the OCFA fold simply does not equate with providing fire protection, suppression, prevention and related services,” Claster wrote in his opinion.
OCFA officials issued a statement that they believe their agreement with the cities is “valid” and that they will review its legal options, including an appeal.
“It’s important to note that today’s decision does not change the fact that OCFA will continue delivering emergency services in the immediate future and for several more years at least,” the statement reads.