Rebuttal

Ron Davis’ column (“We’ve seen the tax collector and it is us”, April

12) comes to some faulty conclusions. I often agree with Ron, but not

this time.

In 1978, Proposition 13 froze property tax overrides, such as the city

employee retirement levee. That means only the employee benefits in place

on July 1, 1978, and any associated inflationary increases can be funded

by the property tax. That’s the law. However, taxes were collected to pay

for new benefits added later.

To collect taxes for a specific purpose and divert them for another

purpose is illegal. Also, because excess city funds accumulated in the

California Public Employees’ Retirement System account, the tax rate

collected should have been reduced to pay only what was owed CalPERS.

Thus, the court decided that portions of the property tax have been

collected illegally. If you or I don’t pay our taxes on time, we must pay

the tax with a stiff penalty and interest. What about fairness? If

government collects an illegal tax from us, should they not have to pay

us back with interest? My answer, and that of thousands in Huntington

Beach, is a resounding “absolutely, yes.”

As to Davis’ argument regarding whether the city will survive if we

take our money back, the city will survive just fine by trimming the fat

in the budget.

I make that statement based on my eight years serving on the City

Council. Davis’ argument reminds me of the hand wringing that went on

when Proposition 13 was proposed. Remember the arguments? Garbage will

pile up in the streets; we’ll have to empty the jails; government won’t

be able to function, etc. Guess what? Government survived Proposition 13

just fine. Government had to review its budget and set priorities just

like any family does.

Lastly, Davis’ suggestion that there be a ballot issue to decide if

the illegal tax is refunded is unacceptable. If the city takes taxes from

a person illegally, that’s an issue between that person and the city.

Each citizen has the right to decide if he or she wants the money back.

The City Council committed a tragic blunder Monday night when it voted

to appeal the trial judge’s decision. Orange County Superior Court Judge

Robert Gallivan’s decision was a clear and obvious application of the

law.

The city attorney says the appeal could take three years or more. The

city will continue to collect the illegal tax from us. Meanwhile, public

resentment of the council’s refusal to abide by the judge’s decision will

increase and fester.

DAVE SULLIVAN

Huntington Beach

* EDITOR’S NOTE: Dave Sullivan is a former Huntington Beach

councilman.