Are CARD and city of Chico crossing the “fine line between legally disseminating information and illegally advocating for or against a ballot measure”?

I’m not a lawyer so I had a hard time trying to interpret the seemingly simple rule about using taxpayer money to run a tax measure campaign. I mean, it seems to me that using tax money to hire a consultant who will run a phone survey in your town, targeting certain people by demographics, using leading statements like, “would you like an ice skating rink?” to get voters to agree to a tax would be a prime example of illegal use of taxpayer funds to run a revenue measure.

This is exactly what both Chico Recreation District and the city of Chico have been up to. I’ve sat in meetings – most recently, a city finance committee meeting last month – and listened to one consultant after another tell  elected officials that they must convince voters to vote for the measure before they put it on the ballot. It was the consultant who attended the city finance committee meeting that talked about measures he’d pushed in other towns, using a skating rink as bait in one example.

I wasn’t sure all of this is illegal, but after reading Dan Walters’ latest column COMMENTARY, DAN WALTERS I’m guessing the Fair Political Practices Commission might like to hear about it. 

He quotes an article from publicceo.com, “a website devoted to governmental management, written by two lawyers well-versed in the subject.”

“There is ‘a fine line public agencies, officials and employees walk between legally disseminating information and illegally advocating for or against a ballot measure or candidate’ under California law.” He continues, “The article, essentially a warning, is timely because, throughout California, officials are at least straddling that line and may be crossing it as they attempt to persuade voters to support billions of dollars in bonds, taxes and fees.”

Like I’ve said, “A big example is Proposition 6, which would repeal last year’s $5-plus billion package of gas taxes and automotive fees. Anti-tax groups that placed Proposition 6 on the ballot complain that the state Department of Transportation has been colluding with other opponents of the repeal and last week, those complaints were bolstered by the Associated Press.”

“The AP reported that official emails it acquired reveal that “the state transportation agency coordinated frequently with the public affairs firm working to block the repeal on behalf of unions, construction companies and local government groups.

“The coordination, the AP said, included, ‘efforts to promote legislation to raise the tax to fund road and bridge repairs (and) after Gov. Jerry Brown signed it, the agency and the firm continued planning events and coordinating social media posts as opponents gathered signatures for repeal.'”

He also brings up the investigation the FPPC is conducting in Los Angeles County. “Two years ago, the Los Angeles County Board of Supervisors proposed a half-cent sales tax increase for services to the homeless and gave TBWB Strategies, a San Francisco consulting firm, a $1 million contract to work on the tax measure.

“TBWB’s campaign, including television and radio spots that touted the benefits of Proposition H, helped it win passage. However, the Howard Jarvis Taxpayers Association complained to the FPPC and filed a lawsuit challenging the campaign’s legality.”

And  get aload of this – “Last month, an FPPC hearing officer found probable cause for a 15-count formal accusation that the county supervisors contributed to the Proposition H campaign without filing a campaign donor report and following other campaign laws.”

So our situation is hardly unique, and I’m beginning to wonder if we need some investigating around here. The stuff I’ve seen at meetings! I agree with Walters, we need to shine a flashlight on these people, before it’s too late.

“The Los Angeles tax measure is one of hundreds of local tax proposals facing voters this year, many of which also are being promoted by “consultants” such as TBWB under lucrative contracts supposedly for information but in reality to influence voters.

“It’s high time the FPPC, local prosecutors and/or Attorney General Xavier Becerra stopped this undemocratic practice before it becomes ingrained.”