SLO County supervisor, DA clash over budget. ‘Are you threatening to sue?’
District Attorney Dan Dow issued a formal notice to San Luis Obispo County that if its budget fails to fund more positions for his office, then he may take legal action.
Following a presentation on the county’s recommended budget for the 2026-27 fiscal year at the SLO County Board of Supervisors meeting Tuesday, Dow urged the board to fund two new positions and add back three previously cut roles at the DA’s Office.
Dow requested a new paralegal and a new elder abuse vertical prosecutor, as well as funds to bring back a victim witness advocate, an administrative assistant and a felony deputy district attorney.
He said the positions would cost a total of $857,839, or less than one-tenth of 1% of the county’s $1.01 billion budget.
The request would be on top of a 5% increase in funding already planned for the DA’s Office.
According to the recommended budget, the District Attorney’s Office is set to receive nearly $19.5 million in general fund support, just over $924,000 more than it received during fiscal year 2025-26.
If supervisors fail to fund these five positions, Dow said the District Attorney’s Office would struggle to carry out its independent investigative prosecutorial duties, hinting he may take legal action if that occurred.
“Government code and court precedent are clear that underfunding that materially impairs the district attorney’s mandated duties crosses a constitutional line,” Dow told the board. “And I’m not making a threat, I’m merely pointing out a legal reality, and I’m stating it for the record here today.”
Pointing to Hicks v. Board of Supervisors, Scott v. Common Council, California Government Code Sections 25303 and 29601 and the state Constitution as legal precedent, Dow said, “the district attorney hereby places the county executive office and the Board of Supervisors on formal notice that a budget failing to fund these requests” would represent a fiscal decision that “unlawfully impairs the public prosecutor’s constitutionally and statutorily mandated duties.”
After Dow’s comments to the board, Supervisor Bruce Gibson immediately responded calling the three-minute speech “an impressive display of posturing.”
“You’re going to have your chance to make your case when we get to budget hearings in June, but I have to ask, with your formal notice to the Board of Supervisors, are you threatening to sue the county if you don’t get your way?” Gibson asked.
“It’s not a threat. It’s a legal reality,” Dow replied.
“Then why are you putting us on formal notice,” Gibson shot back, “asserting that we’re unlawfully impeding your ability to do your job when you’ve met all your performance measures?”
Board Chair Jimmy Paulding cut off the argument, urging that the conversation be shelved until the June 8 budget hearing but allowing Dow to add a final comment on the matter.
“It is absolutely not a threat, but if I don’t advise your board of the constitutional requirement and the impacts of it, then I haven’t done my job as the district attorney,” Dow said, while Gibson shook his head.
Will SLO County DA’s Office get funding for more positions?
During the Tuesday meeting, county CEO Matthew Pontes said the executive office had been engaged in several discussions with Dow about ways to find available funding to restore some positions at the District Attorney’s Office.
“We have identified some opioid funding that may be applicable to some of the work that his office is doing, that would be a revenue source to fund some of those positions as we move forward,” Pontes said.
Gibson, however, said the DA’s Office was getting more than its fair share of general fund support in the recommended budget.
“His general fund support goes up 5%, whereas as I do the calculation, the overall general fund support available to all departments goes up a little over 1%,” Gibson added. “And as I look at the recommended budget, that he has met all his performance measures for the current budget year.”
He asked Pontes whether that was his understanding of the situation, and Pontes concurred.
Supervisor John Peschong said he hoped that the county executive office would continue talks with the District Attorney’s Office.
“Let’s see if we can get something done,” Peschong said.
