Certain fire protection service contracts between public agencies require Commission approval before they can take effect. Under Government Code §56134, a city or special district may not enter into, extend, or substantially change a qualifying fire protection contract until LAFCo approval.

When is LAFCo approval required?

Section 56134 applies to fire protection contracts entered into under Government Code §55600 et seq. or Public Resources Code §4141 et seq. that would do either of the following:

• Area threshold: transfer responsibility for providing fire protection services in more than 25 percent of the area within the jurisdictional boundaries of any affected public agency.
• Employee threshold: change the employment status of more than 25 percent of the employees of any affected public agency.

A contract can also trigger review when it meets a threshold in combination with other contracts or agreements. Agreements under PRC §4143 or §4144 are excluded from §56134. Mutual and automatic aid agreements generally fall outside its scope.

What must be submitted?

The §56134 Application Form and all required exhibits, including but not limited to:

• A resolution of application adopted by the governing body of each affected agency
• A Plan for Services describing how fire protection services will be provided under the contract
• A comprehensive fiscal analysis of the contract’s effect on each affected agency
• Documentation of the agreement of, or required written notice to, recognized employee organizations representing affected personnel
• A copy of the proposed contract or agreement

Documents

§56134 Fire Protection Contract Application (PDF)Government Code §56134 – Fire Protection Contracts (CKH pp. 27–31)Marin LAFCo Fee Schedule

 

Questions

Contact Marin LAFCo staff by phone or email (below).