Residents deserve a chance to vote

Section 1109 of the Newport Beach city charter states: “No bonded

indebtedness which shall constitute a general obligation of the City

may be created unless authorized by the affirmative votes of

two-third of the electors voting on such proposition at any election

at which the question is submitted to the electors and unless in full

compliance with the provisions of the State Constitution and of this

Charter.”

I’m no legal eagle but it seems pretty clear to me that both the

letter and the spirit of this section are that the residents of

Newport Beach should have a say whether any big money gets spent.

Ours is a representative government. That is, we elect people to

act for us in various capacities: to spend our tax money for us; and

to represent us to businesses in order to increase our tax base, to

represent us to other communities in order to form strategic

alliances, and to represent us to local philanthropic organizations

to provide an important balance in our lives.

But where do we draw the spending line? When do we say to our

representatives, “This is a matter that we need to decide, not you.”

After all, we have chosen these people to do our bidding. We have

said to them through their election that we trust them with our money

and the quality of our lives and that we expect them to preserve and

protect both.

The line should be drawn whenever that government -- at any level

-- has to borrow money or raise taxes. Whenever they have to go

outside of their budget to finance projects, the public has a right

to demand a vote.

True, this can get in the way of a smoothly operating government.

Having to stop and get public approval for taxes and bonds could mean

that things will not get done as quickly, and these special votes

will end up costing money too.

But the vote is important because it provides a check and a

balance to keep governments from spending too freely.

The case in point is the Newport Beach civic center project. I

doubt there are a lot of Newport Beach residents who wouldn’t like to

see a new city hall. The current facility is old, run down, cramped

and not representative of the beautiful town in which it is located.

In order to finance the cost, $41 million or more, of building a

new hall, the City Council is eyeing something called certificates of

participation. They sound a lot like a piece of paper a kid gets

after finishing summer school, but they are being perceived by the

Newporters for Responsible Government and others as a way to

circumvent a vote on the issue.

That’s because the certificates are similar to bonds but are

repaid from the city’s general fund and don’t cause residents’ taxes

to increase, so they do not interfere with the mandate of the city’s

charter.

Group members say, “Nice try,” and are collecting signatures to

force a vote.

Gov. Arnold Schwarzenegger is lobbying hard for a special election

on his slate of important state issues. Most of his impetus for the

vote stems from his frustration over the gridlock in Sacramento --

over the failure of the state body to move forward on issues.

In Schwarzenegger’s case, it may really be a matter of the failure

to get them to move in the direction he wants.

Either way, he wants the people of the state to vote.

It’s a nice thought, but let’s not make this a habit.

These special elections get expensive -- particularly when you

calculate that though the system is set up for every eligible voter

to participate, few do.

What I’d rather see, in both the case of the new city hall and in

the case of the state government, are bodies that act responsibly on

our behalf, with the understanding that not everyone is going to be

happy with a certain vote.

As always, there will be some winners and some losers.

I’d like in this case for the Newport Beach City Council to act in

the spirit of the charter.

If elected officials don’t like special elections, they have only

themselves to blame.

Our mistrust of them has grown to the point that we have to

micromanage them in order to make sure they’re doing the right thing.

The certificates of participation only prove the point.

* STEVE SMITH is a Costa Mesa resident and a freelance writer.

Readers may leave a message for him on the Daily Pilot hotline at

(714) 966-4664 or send story ideas to o7dailypilot@latmes.com.

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