On November 6, 2018 voters were snookered by Yuba County government in a heads - govt. wins, tails - citizens lose, 1% sales tax increase called Measure K.
According to Ballotpedia, the Measure K question was, “To maintain and protect essential services such as 9-1-1 emergency medical/fire response; improving wildland fire containment; maintaining 24-hours sheriff’s patrol; attracting/ retaining jobs, businesses, and qualified sheriff deputies; and other essential services, shall the measure to establish a 1 cent sales tax for 10 years in unincorporated Yuba County, providing an estimated $4,300,000 annually requiring accountability, citizens’ oversight/ audits, and all revenue controlled locally, be adopted?”
Ballotpedia also records that “All proceeds of the tax would be accounted for and paid into a public safety/essential services trust fund or an account designated for use by the County for such specified purposes.”
The Measure was touted as a general tax needing majority approval. However, the description above tells of a tax dedicated to a specific or special purpose that should need a 2/3s vote. Measure K received 53% of the vote and was then certified for approval by the Supervisors.
Opponents of Measure K filed a complaint in Superior Court to invalidate the tax and Yuba County Judge Stephen Berrier agreed that Measure K needed a 2/3’s approval for being described and promoted as a special tax.
The Supervisors then voted 4-1 to appeal Berrier’s decision. Supervisor Mike Leahy was against the appeal. Leahy says he wanted a tax where the funds would go into the general fund but that Crystal Martin hired for the media campaign misrepresented the measure to the public as a special tax.
Now, the California State Association of Counties (CSAC) filed a brief with the Appellate Court because if the court upholds Judge Berrier’s decision to invalidate, it will affect all counties in the state. In other words, counties would have to obey the Constitution (Propositions 13 and 218) and not use double-speak to deceive the taxpayers.
The attorney for Measure K opponents, Brian Hildreth, of Bell, McAndrews and Hiltachk, responded to the CSAC brief -- “Pre-election the County repeatedly and unequivocally assured voters that a ‘yes’ vote on Measure K meant $4.3 million in additional dedicated funding for County ‘public safety services’ and ‘essential services.’”
“Post-election, however, the County now claims literally none of the revenues are dedicated for public safety services or essential services. The reason for the County's bait -and -switch is obvious. Measure K proposed a ‘special tax’ and thus needed a two-thirds vote for adoption pursuant to our State Constitution.”
Yuba County’s law firm Colantuono, Highsmith & Whatley, hired illegally with taxpayer dollars, dreamed-up a new twist in their April 21, 2020 brief to the court by arguing that the “Board of Supervisors may indeed choose to spend Measure K revenue on public safety, as it indicated it likely would in the tax’s first year.” “First year?” What county representative ever suggested that?
Hildreth describes the county having post-election amnesia since it is now unable to describe “essential services.” Hildreth says the county displays willful ignorance of its own ordinance, but that ignorance should not undermine the voters’ Constitutional rights to determine how their funds are spent.
Since April 1, 2019, the county has been collecting about $10,000 per day from the Measure K invalidated tax. As of July 5, 2020, that amounts to $5,170,000 taken illegally from taxpayers. And, win or lose the appeal, Yuba County keeps the money.
If you ever wondered how California revenue law is tilted, it is in favor of the government against the taxpayer. This inequity rewards government placing deceptive revenue measures on the ballot and then misrepresenting them to voters since win or lose in court the bureaucrats and marketing firms walk away with millions. It is a political funding racket.
It is like someone robbing a bank, being caught and convicted, but gets to keep the money. Famous criminal Willie Sutton was asked why he robbed banks. “I rob banks because that’s where the money is.” For politicians and bureaucrats, the bank is the taxpayer.
(Get Lou’s podcast at “No Hostages Radio” and his articles at nohostagesradio.com)
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