DES MOINES, IOWA -- Polk County officials admitted April 7 that the projected tax rate they have been using for the $132,000,000 bond on the proposed new courthouse addition was in error. Now the ballot language showing the amount of the general obligation bond, which Polk County voters are being asked to vote on April 29, being $5,000,000 higher than the total project costs is wrong too, says George Davey, chairman of CitizensForReasonableJustice.com. The pattern of ineptitude and lack of oversight continues.
See the ballot language here - http://auditor.co.polk.ia.us/election/4-29-2008/sample.pdf
Last night a representative of our committee wrote to Polk County Auditor Jamie Fitzgerald and County Attorney John Sarcone and asked them, "As it is Polk County's position that Iowa Code 331.442 allows them to place a general obligation [bond] amount on the ballot, in an amount $5,000,000 larger than the project cost listed on the ballot, then is there anything in Iowa Code which limits the amount in excess of the total project costs, which Polk County can seek general obligation bonding authority for? When the total project cost is $127,000,000 could the county supervisors, for example, have voted to seek authority for a $200,000,000 GO bond?" Meanwhile Davey also asks, "Where are they going to spend the other $5 million?"
As of this release we have not heard back from any county official.
This morning we sent a copy of a long-standing Iowa court ruling, GRAY ET AL v. MOUNT ET AL. Iowa 1877, to these same officials. The Iowa Court in Gray said,
"If there be two objects and a specified amount of funds to be devoted to each, it is very plain that there are two propositions submitted at the same election. If they are submitted together, it is very clear that the voter cannot vote for one and against the other…The plan of submitting the questions, for there are two, resembles more the common device of an auctioneer in disposing of worthless goods, whereby a good article is mingled with them and made to draw bids, or the cunning tricks of gamesters to induce wagers of the unwary, rather than the open, direct and fair manner that always should prevail in elections by the people. The very letter as well as the spirit of our election laws condemns this plan."
Davey concluded, "The courts have spoken to this issue. While the total project costs can exceed the general obligation bond amount where a project is being shared with another jurisdiction (I.e. City of Des Moines), this court ruling clearly indicates the bond amount cannot exceed the total project costs as they are seen as two propositions? The very letter as well as the spirit of our election laws condemn the ballot which confused voters are being asked to consider April 29.
CitizensForReasonableJustice.com calls on Polk County to cancel this election, approve a proper ballot and reschedule for another date. If they fail to do this and if it would pass, it wouldn't be a surprise if the election results are tied up in court over this ballot language. The group will next seek an opinion from the Iowa Attorney General on 331.442 and 331.441.
http://coolice.legis.state.ia.us/Cool-ICE/default.asp?category=billinfo&service=IowaCode
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