On April 1, 2019 Yuba County began collecting an additional 1% sales tax on purchases in its unincorporated areas (outside of cities). The tax was estimated to bring in an additional $4.3 million annually for public safety (92%) and essential services (8%). The revenue was to be placed in a special fund and an oversight committee created to insure the public that the revenues would go as promised.
This tax ordinance was placed on the ballot November 6, 2018 as a general tax needing only a simple majority approval (50% plus 1 vote) versus a special tax that requires a 2/3s yes vote. General taxes go in the general fund and are dispersed at the pleasure of the Board of Supervisors. Special taxes go to one or two specified needs and can only be used for those objectives. The voting process differences are outlined in Propositions 13 and 218 along with Section 50077 of the Government Code.
At the two year mark on April 1, 2021, Measure K may now have taken an additional $10 million from Yuba County consumers. However, the funds collected have never been spent since the State Appeals Court has yet to decide whether the tax is legal.
Yuba County Superior Court Judge Stephen Berrier ruled against the county, saying Measure K was written and promoted as a special tax needing a 2/3s voter approval. (It received only 53% support.) The Board of Supervisors then voted to appeal Berrier’s ruling.
If Appeals Court judges find that the tax ordinance is legal then the tax continues for 8 more years. If ruled not legal, then the tax no longer will be added. However, legal or illegal, the County of Yuba is allowed to keep all the people’s money according to state law.
The heads I win tails you lose logic of revenue measures reveals the legislature’s disdain for the public by keeping the tax money whether it is ruled legal or not. As soon as Judge Berrier decided against the tax the order to start assessments should have been stopped.
It is like your home is robbed, the criminals are caught and found guilty but they get to keep the loot.
The perverse nature of revenue measures encourages deception and fraud by government to persuade voters and never be held accountable. Politicians and bureaucrats are actually rewarded for being crooks.
The suit filed against the county by tax opponents did not address the county’s use of hundreds of thousands of tax dollars in its media campaign to sway voters. Measure K opponents argued that this was also illegal. The California Fair Political Practices Commission (FPPC) has jurisdiction over where monies are derived and how they are used for a campaign.
Government Code Section 8314 is clear, “It is unlawful for any elected state or local officer, including any state or local appointee, employee, or consultant, to use or permit others to use public resources for a campaign activity, or personal or other purposes which are not authorized by law.”
The law reflects an obvious principle. It is unfair and undemocratic for officials to use taxpayers’ money for self-serving political campaigns. Increasingly, however, California officials are doing just that, with little fear of being slapped down by prosecutors or the FPPC.
In Yuba County’s case, the District Attorney (DA) Pat McGrath was actually in on the ruse to fool and defraud the citizens out of nearly $5 million annually using a deceptive campaign and ordinance. The FPPC said the DA should have prosecuted the county’s lawbreaking.
Anti - Measure K lawyers at Bell, McAndrews and Hilltachk, LLP believe that it was also illegal for the Measure K Campaign Finance Committee to be chaired by an elected official. It is a familiar tune - the government makes the rules for others to follow and not itself.
Everyday Yuba County taxpayers are $14,000 poorer and county government $14,000 richer because of the illegal tax created by Measure K.
(For more of Lou’s articles and podcasts see nohostagesradio.com)
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