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Was the City Council's Decision to Abolish the UUT Oversight Committee a Legal One?

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Bevis & Barstow
Someone brought up a very good question, and unfortunately it took me a week to look into it. There were two questions on the 2008 ballot regarding the potential doubling of our utility taxes. Measure UA, which was an advisory measure, and therefore not legally binding, asked voters the following:

Measure UA: "If Measure 'U', the increase in the Utility Users' Tax, is approved by the voters, should the additional revenue generated by that increase be used to fund public safety services including paramedic programs, police salaries and benefits and additional safety staffing?"

However, the measure that actually is legally binding, Measure U, clearly included language that, upon approval by the voters, would establish a citizen run utility tax oversight committee. To be put in place so they would hopefully keep an eye on City Hall and make certain all of that additional utility tax money was spent just as the voters intended.

Measure U: "Shall an Ordinance be adopted increasing the City's existing Utility Users' Tax by up to 6% in order to maintain general City services such as public safety services, including police and paramedic programs, and to reflect technological advances in communications, expand existing exemptions to low and very low income households, and establish a citizen's oversight committee?"

Both Measure U and Measure UA passed by large margins (link) in 2008, and our utility taxes were increased to the highest levels in the state. And, as the voters clearly intended, a UUT Oversight Committee was established as well. Again, as a part of legally binding, non-advisory Measure U.

In 2012 the City Council attempted to extend our record setting double digit utility taxes for an additional 5 years. By an overwhelming majority the voters this time told them to take a hike. The legally binding ballot question that year was Measure 12-1 (link), which would have also required a citizen's oversight committee had it not failed.

Measure 12-1: "Shall an Ordinance be adopted amending the City's existing Utility Users' Tax to continue the existing 10% tax, subject to a potential increase of 12% on July 1, 2013, in order to maintain general City services such as public safety services, including paramedic programs, and to reflect technological advances in communications, continue existing exemptions to low and very low income households, establish new sunset dates and continue a citizen's oversight committee?"

All quite moot since the voters didn't pass it. However, the vote that still counts today is the 2008 one. Which is how the idea of a UUT Oversight Committee became actual law in Sierra Madre. And, unless the voters should decide to abolish it, would need to remain in existence until Measure U completely sunsets and vanishes.

There was a special get-together of the City Council on November 19th. Our elected officials needed some additional quality time together to decide how exactly to proceed with their dreams of extending our state record setting utility tax rates, so they made a meeting of it.

And at that meeting they did two things that will seriously diminish the rights of taxpayers in Sierra Madre. The first is they voted to stretch out the time between voter approvals of our double digit utility tax rates to eight years. Or double that of Measure U. Meaning residents here might not get to review their utility tax rates through the vote again until somewhere around 2022.

The other was the City Council voted to abolish the UUT Oversight Committee. Not that this institution didn't have its considerable flaws, mind you. Flaws mostly the result of the legally questionable refusal by City Staff to supply it with the comprehensive hard data necessary to function as a true citizen run tax oversight body.

However, whether you like the UUT Oversight Committee or not, it was not the City Council's place to put an end to its existence. That can only be done through a vote of the people. Just like our exorbitant 10% utility tax rates can only be extended by a vote of the people.

If the City Council wants to abolish the UUT Oversight Committee, they will either have to put it on the ballot and let the people decide, or wait until that particular portion of Measure U has completely run its course.

I for one cannot wait to see how they will word it.

http://sierramadretattler.blogspot.com

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