WELCOME TO THE SABATINO REPORT      

October 4, 2006

MEASURE K CAMPAIGN MAY HAVE LEGAL PROBLEM

Out of a forty three member board, the Alliance has eighteen members who are elected officials, appointees, employees, or consultants.  Through the Alliance these eighteen board members are attempting to accomplish indirectly what the law prohibits them from doing directly.

Government Code , Sec 8314  states that:
(a) It is unlawful for any elected state officer, appointee, employee or consultant, to use or permit others to use state resources for a campaign activity, or personal or other purposes...not authorized by law.

League of Women Voters of California v. Countywide Criminal Justice Coordination Committee. (1988) No. B029791 Court of Appeal of California, Second Appellate District, Division One.

The court found “a fundamental precept of this nation’s democratic electoral process is that the government may not ‘take sides’ in election contests or bestow an unfair advantage on one of several competing factions.” The published opinion went on to say that “an initiative...becomes a measure when the proponents begin to circulate signature petitions to quality the measure for the ballot.”

Measure K became a measure on the date it was approved by the Supervisors.

On September 29, 2006 the Alliance voted to approve a contract using state and federal funds to hire a contact consulting firm to assist the Alliance in structuring a campaign for the one-half per-cent sales tax ballot measure.

The agenda item from the September 29^th  Alliance meeting asked for:

Approval to enter in to a contract with a transportation/campaign consultant to oversee and advise the Alliance in managing a sales tax measure for transportation.

CEO Bill Bassitt, along with board members Ralph Curtis, Jim Ridenour, Craig Lewis, Jeff Grover, Kirk Lindsay, and Kathy Halsey, approved the selection.

The Vote was Unanimous.

In Stanislaus County, government has taken sides to give those who would unjustly tax us an unfair advantage.