Grants Pass Now

Reprinted from grantspassnow.com

Julie Rubenstein

Does Voter Refusal to Raise Taxes Constitute a Violation of Civil Rights?

County voters have repeatedly refused, by wide margins, to raise property taxes aimed at funding essential public services. The Josephine County Long Term Funding Task Force struggles to come up with a politically viable recommendation, while County Commissioners bicker among themselves. They’re still hoping for a reprieve from Congress as the clock ticks down.

Josephine County enjoys the lowest permanent property tax rate in the State of Oregon. Curry County has the next lowest rate, and they’re already essentially bankrupt. Adequate public services – law enforcement, public health, public works, etc. – were not designed to rely on this extremely low tax rate. They were designed to rely on O&C funding.

In a discussion with the Editor of Grants Pass Now, he proffered an argument that refusing to levy a tax that would adequately fund public services might constitute a violation of our civil rights. He gave as examples the abandonment of vehicles and dead animals along public roadways, and the premature release of criminals because there aren’t enough jailers to secure them. So I looked up the Civil Rights language in the Oregon Constitution. Here’s what it says:

Article 1, Section 20. Equality of privileges and immunities of citizens. No law shall be passed granting to any citizen or class of citizens privileges, or immunities, which, upon the same terms, shall not equally belong to all citizens.

You could make the argument that refusing a levy grants privileges and immunities to property owners – who’ve escaped paying a higher tax – that don’t apply to the rest of the citizenry. The privilege of paying a lower tax comes at the expense of non-property owners, who must suffer the consequences of making that 911 call and being told there’s no one to help. However, I think it’s a big stretch.

More interesting, though, is this provision:

Article 1, Section 22. Suspension of operation of laws. The operation of the laws shall never be suspended, except by the Authority of the Legislative Assembly.

It’s possible to argue that the nay-saying voters have caused the County to violate its own charter, in effect suspending it, by making its laws unenforceable and thus inoperable. If that’s the case, then it begs the question – what remedy is available? Sue the County? It can’t raise taxes without voter approval, and you can’t sue the voters. So while it might make a neat argument, I don’t see a real solution at hand.

GRANTS PASS NOW READER COMMENT:

The property tax deferral can be extended to everyone - it’s just a deferral until the property is sold, or the owner wants to pay it off.  That removes all the ‘fixed income’ objections.

I don’t see why the deferral scheme can’t be implemented for everyone at the county level.

Sales taxes were deductible on federal income tax returns for 2004, 5 and 6 as an alternative to state income tax deduction.  It’s a major fairness issue for states with no income tax.  It potentially helps the working poor in Oregon, where the tax credit system means people with low income pay zero income tax rather than low income tax.

Renters don’t pay property tax.  JoCo rental prices are already maxed out; landlords can’t make them any higher.  That’s why there is so much objection to property taxes, the landlords end up paying so the landlords (who have lots of money) spend lots of time complaining about them.

The property tax rate *is not* the same for everyone.  That’s because of measure 50 - property tax is determined by the “M50 value” not the real market value.  Consequently different classes of property pay different rates as a proportion of the property value.  Tax rates are lower where property prices have gone up more!

It’s not as bad as CA though - there property taxes are determined primarily by date of purchase.  Taxes for identical properties next door to each other can easily differ by a factor of 4.

John Bowler

GRANTS PASS NOW READER COMMENT:

Mr. Mackin,

The citizens of Josephine County are tired of the oppressive taxes that Government continually burdens them with. How many levies and tax increase measure must go down in flames before this county wakes up to its lack of performance. If this Government wants to gain an approval rating higher than 38% they should look at providing quality service and transparency in budgeting before going for our wallets at the risk of loosing our homes due to EXCESSIVE PROPERTY TAXES.

The citizens don’t trust this Government to spend their money in a responsible manner, they don’t want a Manager that doesn’t answer to the people.

How many ballot measures for more Tax Levies and Tax Districts have to be shot down before you understand that its about trust and effecient, friendly service by the County departments. Jobs and opportunities, growth and a future for our children that motivate the tax payer.

The current commisioners that you wish to work with are not aware of what the people want, yet you say you will work with them to do the counties business. So far the counties business is to take from its people with little to nothing in return.

Vote for Thomason if you really love your community.

Kit Doyle

Harry Mackin is running for CountyCommissioner and I support his efforts.

Harry will bring many of the essential elements of good leadership that this county needs very badly. His history has been that of leadership and listening, one of the major areas of good leadership. He has a vision for the county and he has some viable options to improve the county. In order for him to succeed, we as a county must get behind him and provide him the insight and the help to resolve the problems that are ahead of us.

One area that I believe must be overcome is the belief that timber cutting will fix the County budget. If it ever becomes a viable option to help with the budget it will be five to ten years from now and we as a county must move on and think about possible solutions to the budget crisis instead of hoping against hope that we are saved by the US Government. It is time to move on and not enable the people who want to ignore problems and complain about the cost of government.
The county has a number of problem areas that need to be addressed. Leadership is just one of them. The voters must get involved also and become educated as to what this county needs as opposed to what they want. They must also be willing to stand up and fund the areas that have to be supported such as public safety. Harry is a leader in getting people to assess the need for change and I believe his election will go a long way by restoring confidence in to the Board of County Commissioners. I expect him to be transparent and make the county management transparent. I believe he will move the county into the 21 century and get us out of the “we’ve always done it that way” mode.

Harry has been a volunteer and an elected official on a number of committees within the county and he has always been respected for his ability to listen and respond in a concise manner to the people who he represents.

I ask for your support of Harry Mackin as the next County Commissioner of Josephine County

Richard C. “Dick” Smith
Merlin, Oregon