A public board charged with implementing the Measure C sales tax for transportation held off on hiring an attorney to implement the measure but did accept its representation on a pending legal matter in closed session.

Best Best & Krieger already represents the Fresno Council of Governments under a prior contract. The law firm has several offices in California. The FCOG Policy Board — a 16-member body composed of representatives from each of the 15 cities in Fresno County and the county itself — makes decisions on transportation issues.

The key issue is the Measure C renewal. The half-cent sales tax expires in June 2027. Voters would need to approve a renewal on the 2026 ballot or billions could be in jeopardy. The current measure, approved in 2006 for 20 years, raised an estimated $2 billion, with an additional $8 billion in matching state and federal funds.

BBK provided advice to possibly defend Measure C in court.

Brooke Ashjian filed a complaint against FCOG with the Fresno County District Attorney’s Office on Sept. 19. Ashjian — a former member of a citizens group helping formulate the renewal — accused an FCOG committee of operating in secret, a violation of California open meeting laws.

FCOG’s Attorney Cites Conflict of Interest

Bryan Rome, an attorney for Fresno County providing legal advice for FCOG, said he has a conflict of interest because his office also represents the district attorney’s office. The existing legal relationship allowed BBK to advise FCOG without a new formal contract.

While BBK will fill in for the county on the Ashjian matter — at least on a temporary basis — the FCOG board held back on hiring the firm to help implement a Measure C renewal plan. The board voted 12-0 to table a motion for a $150,000 contract.

The proposed contract called for BBK to “provide legal counsel, advice and services to FCOG relating to the FCOG’s 2026 transportation tax measure commonly known as ‘Measure C,’ including by assisting FCOG in preparing the expenditure plan, as assigned by FCOG’s general legal counsel or executive director.”

Clovis Mayor Vong Mouanoutoua — a member of the FCOG Policy Board — said it was too early to hire an attorney on the implementation matter.

FCOG Board Receives Measure C Update

The policy board also received an update on the work of the steering committee — a 38-member community advisory board established by FCOG.

Mouanoutoua suggested that all cities submit their road needs for data collection and help the steering committee make informed decisions. Measure C staff presented data on the city and county of Fresno at prior meetings.

“Let’s allow the committee to finish their work. They’re almost there,” Mouanoutoua said. The policy board can then “iron out … little numbers here and there.”

Mouanoutoua said he wants FCOG to be unified as the measure moves forward. Once the steering committee submits its findings, FCOG will vote. It then moves to all the cities for approval. The last step is for the Fresno County Board of Supervisors to approve the measure for the ballot.

The steering committee established six categories of spending. A “flexible” spending option was not included. Coalinga Mayor Nathan Vosburg wanted to see it returned.

“If the larger cities want to spend their money in certain places, some of the areas and the categories just don’t fit (for rural communities),” Vosburg said.

FCOG plans to conduct polling.

Final recommendations from the steering committee are expected by October.

Andy Levine, a Fresno Unified School Board member who is a member of Transportation for All — a coalition of social justice groups with heavy influence on the steering committee — told FCOG that even with all the money Measure C will provide, “it’s not going to be enough to meet all of the needs.”

Levine asked FCOG to pay attention to community input. Surveys have shown fixing roads is the top priority.