FOREfront--Working for the People of
Volume 3, Issue
6, November 2000
UTILITY USER’S TAX (UTT) IS TOTALLY ILLEGAL
By Larry L. Lawson, attorney at law*
The Press-Tribune has published two articles dealing with the
alleged impact of losing the utility user’s tax (“
Basically what you have done is nothing more than “doom and gloom”
opinions and threats of the City Council and various staff members. Possibly it is time to put on a different hat
and try being an investigative reporter.
This, of course, would require asking some pointed questions to the
various government representatives and employees.
Aside from the fact that you sidestepped the one basic issue that
the utility user’s tax (UTT) is totally illegal, you could at least do a little
research to ascertain the real impact, if any, by the elimination of the
utility user’s tax. You might also want
to disclose some of the fraud that is being perpetrated by various members of
the City Council and staff.
I am not going to do your homework for you, because presumably that
is what your job is all about; however, let’s look at a couple of
situations. You take as gospel the
representations from Chief Barrow, that losing the utility user’s tax, officers
would be lost and that police services in general would deteriorate and most
importantly, that the DARE, anti drug program would be lost. HOGWASH
What Chief Barrow didn’t tell you, and what a little investigation
on your part would have disclosed, is that there are various sources of funding
at both the state and federal level to fight drugs in the community. If Chief Barrow is not utilizing these funds,
then he is totally missing the point and one would then have to question his
ability to hold his current position.
Why one dime of the utility user’s tax is being devoted to the DARE
program is beyond all comprehension.
Chief Barrow missed the point again with regards to a very simple
issue dealing with the opening of the new Galleria mall. This involves the proper utilization of
police officers. Security is needed at
the new Galleria, especially at the opening, and the Galleria has plenty of
funding to pay for police services.
Chief Barrow, however, has decided that he will not allow the
officers to work more than a couple shifts overtime and, rather, pulls officers
off of the street from their daily duties to perform Galleria security. The other day I saw four detectives in
uniform providing security at the Galleria.
They were not on overtime. Their
shifts had been arranged so they were devoting their time to mall security as
opposed to their regular job of being a detective and solving crimes. It would appear that it is not the loss of
the utility user’s tax that will impact the level of service, rather, Chief
Barrow’s inability to utilize personnel that he now has in a proper fashion.
I only give you a couple of examples hopefully to wet your appetite
to ferret out facts from fiction. You do
a disservice to the community when you print half-truths or government hype.
*Larry L. Lawson practices law in
DEVELOPERS DO NOT PAY
The city council and its staff say DEVELOPERS pay for parks and
roads. NOT TRUE! Developers front
money for parks and roads. And why not? They
want their projects to be built. The
catch is that the homebuyer really pays.
When a new home is sold the cost of the home includes money that goes to
the developer to repay him for the parks and roads. Developers have a good thing going, so to
stay on the best side of the city they want you to continue paying the Utility
User’s Tax even though the city does not need the money.
DON’T BE FOOLED – UTILITY TAX IS NOT NEEDED
The city made an illegal vote at their August 30 meeting when they
voted on the fiscal year 2001-2002 budget. That budget will not come before them until
next May. How can they say the city will
not have the money for essential services if the Utility User’s Tax is repealed
without knowing their expenses or income?
The trend for the city’s finances is that INCOME will rise
SIGNIFICANTLY, but EXPENSES will rise SLIGHTLY.
The Galleria is not the only big-ticket retail sales generator.
Look at the other new sales tax generators like Bath & Beyond,
Costco, Chilli’s, movie theaters, Home Depot and the
others you may already have visited. Add
the older sales tax makers like the Auto Mall and it’s a no brainer
to understand that the city has the money.
(See the Utility User’s Tax Committee’s chart on the city’s excess
funds). The city is lying when they say
they won’t have the money for high level police and fire protection, and parks
and libraries. Nothing will be cut
including EMT and park and library programs.
37% of the sales tax is paid by people visiting
WHO IS MINDING THE STORE?
It has been two years since three new council members joined the
city council. In that time, nine
meetings were canceled for lack of a quorum.
To cancel a meeting, three or more members would be absent. We don’t know who could not attend those
meetings. However, the number of
meetings members missed are: Harry Crabb nine,
Claudia Gamar two, Dan Goodhall
31, Randy Graham 10, Earl Rush two. The
reason is clear whey Election by Districts is needed.
CITY COUNCIL CANDIDATES EVALUATED
All the candidates for city council are fine people with good
credentials. They are Rene Aguilar, John
Cantlay, Richard Roccucci,
Rocky Rockholm, Sandra Saracini
and Jack Wallace. In looking at their
platforms, we were most interested in their long-term vision for the residents
of
DID YOU KNOW?
·
You pay a 5% utility tax
(UUT) on your water, sewer, trash, electric, telephone,
gas and cable TV bills.
- The UUT
may cost you over $125 a year.
- The city
will continue to provide outstanding services without the UUT.
- The money
could be yours—for life. That’s a
lot.
- The
Galleria is not the only high volume retail sales tax generator.
- The Auto
Mall, Costco, Home Depot, movie theaters, restaurants, and many new
retailers are big cash cows.
- The city
is not totally honest in how much EXCESS money they have every year.
- The city
has LOANED $21 million out of the general fund. No services lost.
LOOK FOR A TRIPLE WAMMIE
- 50%
probable rate hike in natural gas.
- 38.1%
probable rate hike by Roseville Telephone Company.
- Probable
large hike in
These utility rate hikes are being discussed in the news media
every day. They are coming; it is only a
matter of time. You not only will pay
higher rates but that means you will also pay more Utility User’s Taxes. Additionally, you will pay more on the 4% In-Lieu
Franchise Fee you do not see posted on your water, sewer, trash and electric
bills. Can you afford to keep paying
higher taxes and fees? It has been
proven the city does not need the money.
“One of the penalties for refusing to participate in politics is that you end up governed by your inferiors.” PLATO
CAMPAIGN REFORM?
Too bad the city council didn’t include themselves
in their new campaign reform. The city
council and administration should be held personally accountable for their
unethical actions to promote their own political position on the
The city used taxpayer money to notify certain special people,
groups and appointees to attend the August 30 city council meeting to oppose
the repeal of the tax. That still wasn’t
good enough. They then used the city’s
Roseville Reflections newsletter (circulation of 44,700) as a political
platform to present onesided, biased, untrue ballot
arguments in their unethical desperate attempt to sway the public’s vote.
MEMBERS HAVE A SMASHING GOOD TIME
The September 30 dinner meeting was a smashing good time. Songstress Lucia Whitney provided outstanding
music; a buffet, prepared by Al Saracini and crew,
was marvelous and was served to a long but happy line of people. The meeting was short and productive. Thanks to all who attended.
SARACINI ACQUITTED
A jury acquitted Al Saracini, a member of
FORE, charged with battery on a police officer at a December 1999 city council
meeting. An unfortunate outcome of the
jury trial was that the arresting officer claimed to have suffered a broken
bone while making the arrest. The
officer testified as such, but medical records produced in court did not
substantiate such a broken bone. That is
perjury—a serious crime.
COPYRIGHT 2000, FORE,
WORKING FOR THE PEOPLE OF
FORE,
916-783-9891 or 916-783-7632 FAX 916-783-9349
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