10 Jun Fire Tax Repeal Remains Viable
Judge Cohn’s Ruling Was Appealed Immediately Upon Release
If current returns hold, voters have enthusiastically opted to repeal the Fire Protection Service Zone Five (FP-5) special tax. Election returns to date indicate the “YES” or repeal votes for Measure Z are nearly 60% while the “NO” votes trail at 40%. Local headlines have trumpeted the demise of Measure Z at the hands of Superior Court Judge David Cohn. However, an appeal to Cohn’s decision was in place prior to the election. Final passage of Measure Z is still an entirely viable scenario.
Measure Z will repeal the FP-5 special tax levied by the Fire Protection District. Proponents of Measure Z contend the FP-5 special tax is nothing more than an attempt by senior county leadership (supervisors, County Fire, fire unions) to establish and protect a path to tax citizens directly without allowing citizens to vote. This directly violates language approved by voters and placed in the State Constitution via Proposition 218. Specifically, Article XIII C [VOTER APPROVAL FOR LOCAL TAX LEVIES] Section 2(d) states “No local government may impose, extend, or increase any special tax unless and until that tax is submitted to the electorate and approved by a two-thirds vote.”
The Red Brennan Group, a local non-profit dedicated to “Big-Hearted Communities and Small Government” has continued to advocate for repeal of the tax. Concerning the current results, Tom Murphy, a spokesman for the group stated “Despite news headlines to the contrary, Measure Z remains very much alive both from a political and legal standpoint. From the political perspective, it is obvious district voters see the special tax exactly for what it is – a scheme concocted by senior county bureaucrats to end run voter-enacted limits set by Propositions 13 and 218. From the legal perspective, the proponents’ attorney appealed Judge Cohn’s flawed decision the moment it was released. The next step is California’s 4th District Court of Appeal. If Judge Cohn’s decision is overturned, and it should be, Measure Z will be enacted and voters freed from this unjust tax.”
