Since Yuba County’s illegal sales tax ordinance Measure K took effect in April 2019 nearly $6 million (approx. $10,000/day) has been taken from consumers. Though opponents challenged the tax ordinance and prevailed in Superior Court, Yuba County Supervisors appealed the ruling of Judge Stephen Berrier. The case now waits in the Appellate Court for a hearing.
Another violation that has yet to be contested in court is the fraudulent use of hundreds of thousands of taxpayer dollars by the Supervisors and County Administrator Robert Bendorf to fund the marketing campaign designed to convince voters to pay more taxes.
Using public funds to pass ballot measures is illegal. Government Code Section 54964 says “An officer, employee, or consultant of a local agency may not expend or authorize the expenditure of any of the funds of the local agency to support or oppose the approval or rejection of a ballot measure, or the election or defeat of a candidate, by the voters.”
The free speech clauses of the Federal and State Constitutions prohibit the use of governmentally compelled monetary contributions (including taxes) to support or oppose political campaigns since “Such contributions are a form of speech, and compelled speech offends the First Amendment.” Smith v. U.C. Regents (1993) 4 Cal.4th 843, 852.
And also, the “use of the public treasury to mount an election campaign which attempts to influence the resolution of issues which our Constitution leaves to the ‘free election’ of the people (see Const., art. II, § 2) … presents a serious threat to the integrity of the electoral process.” Stanson v. Mott (1976) 17 Cal.3d 206, 218.
These laws were noted by Measure K opponents during the campaign. However, here and statewide elected officials and civil servants sworn to defend the Constitution and uphold the law, colluded to deceive voters and literally loot and misuse hundreds of millions of dollars from taxpayers unaware of their rights.
Yuba County tax dollars were deceptively used for campaign consultants to conduct surveys, spin the measure’s wording and then craft media spots, mail appeals and other political propaganda to persuade voters to approve the measures.
Complaints were filed by Measure K opponents with the FPPC (Fair Political Practices Commission) to no avail. Finally, the FPPC said they were overwhelmed with violations and had little or no prosecutorial power. The FPPC representative said it was the role of the local DA to prosecute fraudulent misuse of tax monies but they ignore the violations.
In Yuba County’s case, now retired DA Pat McGrath worked for the passage of Measure K being a spokesperson at community meetings to sell the idea. He compromised his role as a law enforcement official by ignoring wrongdoing.
However, last week Los Angeles County agreed to pay a $1.35 million fine to the FPPC which will be shared with Howard Jarvis Taxpayers Association (HJTA) for LA County using tax funds to promote Measure H, a tax proposal to raise money to address their homeless crisis.
We’ve waited a long time for this” said Jon Coupal, President of the HJTA, which filed the original complaint against the county on March 2, 2017. “As we head into the November election, local governments up and down California are tempted to use taxpayer funds for political advocacy and or fail to report the same as political contributions. This fine by the FPPC will serve as a huge shot across the bow to all government entities in California not to abuse taxpayers by using public funds for political activity.”
LA’s Measure H campaign passed with nearly 70% of the vote and is raising an estimated $355 million a year for 10 years. HJTA complained about the use of public funds, but as usual, that county’s DA refused to investigate. HJTA then filed a lawsuit and complained to the FPPC.
Although LA County agreed to the fine it is chump change compared with their raiding of county coffers and deceiving voters to lift $355 million a year or nearly $4 billion over ten years. Until the people responsible get jail time the lawlessness will continue because it pays well.
If you are looking for schemers and scammers, like Ponzi and Madoff, they just don’t reside in jails and prisons, just look at your local representatives and civil servants.
(Get Lou’s podcast at “No Hostages Radio” and his articles at nohostagesradio.com)
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