HomeMy WebLinkAboutOpposition Letter - Initative 21-00421A (Low) - 04.08.2022April 8, 2022
The Honorable Evan Low
California State Assemblymember, 28th District
Member 10th and O Street Offices, Suite 6110
Sacramento, CA 95814
RE: Opposing Initiative 21-0042A1
Dear Assemblymember Low,
On behalf of the City of Cupertino, I am writing to express our opposition to Initiative
Attorney General File No. 21-0042A1 (“Initiative 21-0042A1)”), entitled by its proponents as
the “Taxpayer Protection and Government Accountability Act Initiative,” which would upend
the rules for how state and local governments can imposes taxes, fees, and other charges.
While this measure contains some valuable taxpayer transparency provisions such as requiring
governments to fully disclose the use of tax generated funds, we believe that the initiative
extends beyond transparency and would also have the undesirable effect of imposing
onerous restrictions on revenue generation that is used to fund vital community services.
Specifically, this proposed initiative has three main components. First, it would expand
the definition of a tax to include charges that the state and local governments refer to as fees, such
as certain charges that are imposed for a benefit granted to a payer but not granted to those not
charged. This would significantly alter the functional definition of taxes and would subject much
needed revenue generation tools to greater vote requirements. Current law already imposes
regulations on how local governments can levy fees, by requiring charges associated with fees to
not exceed the reasonable costs of providing the associated product or service. The revenue that
is generated from our taxes and fees goes to funding essential services, such as fire, police, public
works, and parks and recreation.
Second, the initiative would establish new stringent approval requirements for increasing
state and local taxes, whether sought by the governing body or the electorate. For local
governments, any and all tax increases under the expanded definition of taxes mentioned above
would first need to be approved by two‐thirds of the legislative body before it is presented to the
page 1 of 3
MAYOR DARCY PAUL
CITY OF CUPERTINO
CORRESPONDENCE TO ASSEMBLYMEMBER Low OPPOSING INITIATIVE 21‐0042A1 page 2 of 3
electorate for consideration. Further, all proposed increases must be placed before voters on a
regularly scheduled general election as opposed to a special election, except in cases of
emergency, which can only be declared under unanimous agreement of the legislative body.
Adding these new requirements to raise or impose taxes severely undercuts the ability for local
governments to respond to the needs of its residents and remain nimble under varying
conditions. In the event that there are immediate community needs that cannot conjure
unanimous support from the legislative body to address, our communities will suffer.
Third, this initiative would place any new tax or fee increase under extreme legal scrutiny
and would invite anyone to take costly and lengthy legal action against a governing body or an
individual elected leader. Specifically, the initiative would require that all new taxes or tax
increases include highly technical information regarding its specified use, longevity, and
estimated cost to the electorate. The inclusion of this explanatory criterion for the passage of new
taxes would significantly increase liability for public officials that could result in significant
damages. For instance, the initiative states that state and local governments bear the burden of
providing clear and convincing evidence that the levy of a “fee” not subject to the onerous vote
threshold requirements is not a tax under the new definition. In the event a private citizen or
entity determines that the passage of a new fee or tax was unclear or that the amount is
unreasonable, a local government could be subject to long and costly litigation.
The measure states that it is illegal for public funds or public communication (even
referencing the name of the measure) to be used to oppose or pass the measure. Any public official
who approves an expenditure of funds and violates these terms is personally liable for the amount
unlawfully expended in an action brought by the Attorney General, District Attorney, or a
taxpayer. These new litigious standards will burden our state and local governing bodies and will
distract from the pressing issues at hand. Moreover, it will likely have spillover effects that could
result in many distancing themselves from assuming elected leadership positions due to fear of
litigation from any individual who deems a tax or fee in violation of this initiative’s requirements.
Ultimately, tax and fee public policy has always been a hot topic that has dominated the
states’ initiative process for decades. It’s important to understand that California has been largely
divided on the topic because it relies on individual circumstances. As written, this measure will
empower the state’s tax reform extremists to decimate the state and local governing processes by
fixating on the hyper‐specifics of tax policies, whose revenues are directed to serve the people.
The imposition of taxes and fees to fund public services is an essential tool of government.
The COVID pandemic laid bare the necessity of allowing governing bodies at all levels of
government to act immediately in order to provide to their communities during times of
emergency. The Taxpayer Protection and Government Accountability Act Initiative would
impose onerous and undemocratic restrictions on local governments and local voters that would
reduce local revenues by billions every year and would decimate vital services like emergency
MAYOR DARCY PAUL
CITY OF CUPERTINO
CORRESPONDENCE TO ASSEMBLYMEMBER Low OPPOSING INITIATIVE 21‐0042A1 page 3 of 3
response, infrastructure, and virtually all local services. For these reasons, the City of Cupertino
opposes Initiative21-0042A1.
Sincerely,
Mayor
City of Cupertino
Darcy Paul