FOLLOW THE LAW!
Taxpayer's advocates constantly struggle to get elected officials,
statewide and local, to obey laws when dealing with taxpayers dollars,
as, unfortunately, there are officials who seem to believe their
mission in life is to find ways to circumvent state Constitutional
taxpayer protection safeguards for budgets, in approval requirements
to sell bonds, and in any of the protections provided by Propositions
13, 62, and 218.
Such politicians lament that a simple majority should cover all
decisions regarding everything from election of the President of
the United States, to any issue regarding expenditure of taxpayer's
money. Fortunately the giants that wrote and ratified the United
States Constitution in 1791 recognized that power given by the people
to government had to be strictly limited. The Cato Institute, in
its analysis of the history of the Constitution, states, "In the
end, however, no constitution can be self-enforcing. Government
officials must respect their oaths to uphold the Constitution; and
we the people must be vigilant in seeing that they do." However,
it is unfortunately true that very few people really follow political
activities or actions, and very few understand or are aware of what
elected officials are doing with money citizens are forced to provide
to support all levels of government. It is virtually only an alert
media, and advocates in all taxpayer organizations that are constantly
on guard to protect all taxpayers.
Last November, the Taxpayers League, after 4 years in the courts,
succeeded in getting Sacramento County's illegally imposed Utility
Tax, and their increase of the Hotel Tax, put before the voters,
neither of which had been voted on as required by Proposition 62.
The League did not argue against either in the ballot, as our quarrel
was that they were illegal, not that they were not needed. Lacking
opposition, the voters passed both. We have fought similar battles
involving illegal use of so-called "In Lieu Franchise Fees" which
were established by the County and City of Sacramento by fiat, but
were actually taxes under the terms of Proposition 218. In those
cases we convinced both County and City to put them before the voters,
and they did so.
Now, at all levels of government there are many attempts being
made to circumvent protective tax laws. The Howard Jarvis Taxpayers
Association just blocked an attempt by the State to float a bond,
which, with interest would cost state taxpayers about $2 billion
in additional debt without voter approval. It was intended to cover
the state's obligatory payment to the California Public Employees
Retirement System. The state Constitution prohibits undertaking
any debt over $300,000 without voter approval. Another is the infamous
"Car Tax." The state calls it a "Fee", but it is a tax that provides
no benefits for motorists. The money collected is used for general
revenue purposes only. As such, when the state increased the "Fee"
by a factor of three, it was actually a tax increase, which should
be put before the voters. Many "Fees" are actually taxes. And those
that look to property as a form of measurement, or whose value provides
a guarantee, should be subject to approval or rejection by the public.
For 42 years, the League's mission has been to protect the taxpayer,
and the challenges we are confronted with now are more widespread
and intense then ever before in the state's history.
Joe Sullivan