August 8, 2002

Utility-tax ballot statements get changed

By JONDI GUMZ
Sentinel staff writer

Tax foes have agreed to revise some but not all of the wording of ballot statements about the city’s utility tax that were challenged as misleading.

One statement by tax foe and radio personality Steve Hartman remains in dispute, so the two sides will go to court at 8:30 a.m. Tuesday to have a judge settle the matter.

City attorney John Barisone said he expects a ruling that day so as not to hold up the ballot pamphlet that is sent to registered voters.

The changes agreed to Wednesday involve nine words.

For example, Hartman called the utility tax illegal. The city argued that the tax is legal. The word illegal will be dropped from the ballot. In another statement, the word "illegally" will be replaced by "greedily."

Hartman portrayed the changes as positive.

"I think greedily works better for us," he said.

Hartman also agreed to add two words to make it clear that millions in savings from consolidation of nonprofit services would result "over years."

He clarified the statement that services would still be available if the tax were overturned by adding "at different levels."

The outstanding issue is whether Santa Cruzans are legally entitled to essential police, fire, public works, and street maintenance services. Hartman claims they are, and he cites the California constitution.

"The first responsibility of local government is to protect the public," he said.

Barisone argued there is no constitutional mandate for a minimal level of police protection, and cited a Supreme Court case.

He said the wording of the ballot pamphlet is important.

"It’s the only piece of information city voters get that has the imprimatur of government," he said. "They rely on it as being fair."

The challenged ballot statements were co-signed by Santa Cruz resident Alan Bailey, Bob Thomas of Soquel, who owns Outdoor World in Santa Cruz, Bob Lissner, a downtown landlord and retired history teacher, and Michael Schmidt, former CEO of the Santa Cruz Area Chamber of Commerce.

 

Contact Jondi Gumz at jgumz@santa-cruz.com.

 

Changes on the ballot

Here is how the ballot language on the city utility tax will be changed as a result of Wednesday’s agreement. The statements are being made by supporters of the tax’s repeal.

 

BEFORE: It is unjust and illegal.

AFTER: It is injust.

 

BEFORE: Many functions of the numerous non-for-profit groups contracting with the city are duplicative and redundant. Consolidation would save millions of dollars. The same services would still be available to our needy citizens.

AFTER: Many functions of the numerous non-for-profit groups contracting with the city are unnecessarily redundant. Consolidation would save millions of dollars over years. The same services would still be available at different levels to our needy citizens.

 

BEFORE: STOP illegally taxing Santa Cruzans who struggle daily to pay their bills.

AFTER: STOP greedily taxing Santa Cruzans who struggle daily to pay their bills.