Taxpayers group threatens to sue over Modesto sales tax measure

The Stanislaus Taxpayers Association is threatening legal action against Modesto unless the city corrects what the association says are flaws and deceptive wording in the sales tax measure the city is putting on the November ballot.

In a July 9 letter to the City Council, the association says the measure misleads voters because its summary – which will appear on the ballot – is called the Safer Neighborhoods Initiative. The letter says initiatives are placed on the ballot by voters who gather enough signatures to qualify an initiative for the ballot and not by government.

“Use of that term is highly misleading,” the letter states. “... The Safer Neighborhoods measure is not a voter sponsored initiative. The matter was placed on the ballot solely by the Council.”

The sales tax will be called Measure G on the ballot, although the summary will be titled The Safer Neighborhoods Initiative.

The association also takes issue with the ballot measure’s summary, saying it “reads like a campaign advertisement in favor of the measure” and violates the law by using partisan and argumentative language, such as “make neighborhoods safer.” The letter states the summary must use neutral and impartial language.

The letter states it is not until voters have read more than half of the summary that they learn the measure is a tax increase. The taxpayers association also claims the City Attorney’s Office’s impartial analysis of the measure “is rife with campaign speech” and fails to meet its purpose of providing voters with an objective analysis.

Modesto is putting a one-half percent general sales tax on the ballot. The tax is expected to bring in about $14 million annually over its eight-year life. As a general tax, it can be used for any general government purpose.

But the city’s intention is to use the tax primarily for public safety, such as hiring more police officers and firefighters to make up for public safety reductions after years of budget cuts. The city says there will be safeguards to ensure the money is spent as intended, such as annual audits and a citizens’ oversight committee.

City Attorney Adam Lindgren disagreed with the association’s characterizations of the ballot measure and the impartial analysis.

“The taxpayers association offers a number of legal citations and discussions of the law (in its letter), makes certain threats and unfortunately does not offer any specific suggestions about what the city might consider fixing,” Lindgren said. “I have offered to meet with the taxpayers association and welcome any constructive conversations.”

The Stanislaus Taxpayers Association letter is listed as written communication on the agenda for Tuesday’s City Council meeting. Lindgren said that means the council cannot take action then. STA had requested in its letter that the council take action Tuesday.

STA President Dave Thomas said he expects at some point the city will address the association’s concerns. He said the association prefers that take place in public at a council meeting and the matter be resolved through discussion and not the courts.

“We want to play nice and exhaust our administrative capacity to make change,” he said. “If we can’t do that, one of our options is to go before a judge.”

This story was originally published July 11, 2015 at 5:12 PM with the headline "Taxpayers group threatens to sue over Modesto sales tax measure."