Clear message essential on renewal of sales tax
It would be a terrible thing if a word, “continuation,” results in the defeat of an existing half-percent sales tax in Mahoning County — just as the word “continuous” caused the tax to go down in flames in November.
The 0.5 percent sales tax is not new. It has been on the books for five years and will expire on Sept. 30. It is supposed to generate between $13 million and $14 million a year for the county’s general fund, which is used for the daily operations of government.
Four months ago, county commissioners David Ludt, Anthony Traficanti and John V. McNally IV asked voters to renew the tax for a continuous period rather than five years.
Ludt, Traficanti, McNally, Administrator George Tablack and other county officeholders made a compelling case for seeking a longer period for the sales tax. In endorsing the continuous time frame, we argued that in the midst of an uncertain economy, county government needs certainty.
In May 2007, voters renewed the other half-percent sales tax on a continuous basis, obviously convinced that a guaranteed source of revenue would allow county government to undertake long-range planning.
And yet, in November, voters said no. What changed? First and foremost, the economy. The recession that began in 2008 and is still not over in the Mahoning Valley and other similar regions of the country has made taxpayers cautious about parting with their money.
During public hearings in anticipation of the sales tax renewal issue being placed on the May primary ballot, commissioners heard residents say they wanted the opportunity to evaluate how the keepers of the public purse have managed their money.
Ludt, Traficanti and McNally got the message and, thus, decided to ask voters to renew the tax for five years.
Secretary of state
But, the word “renewal” will not be a part of the ballot language — if Ohio Secretary of State Jennifer Brunner’s opinion rendered in 2008 remains unchanged.
Here’s what Brunner said: Ohio’s laws do not provide for the term “renewal” in ballot language describing sales and use taxes.
The word that must be used, she contended, is “continuation.”
But county Prosecutor Paul Gains, who represents the commissioners, strongly disagrees. Gains points out that in 2007, Brunner’s office approved use of the word “renewal” in language for the other half-percent sales tax.
Last week, the commissioners passed a resolution captioning the half-percent sales tax measure as a “renewal and continuation.”
However, Brunner will have final say on the wording of the ballot issue, and that could spell trouble for county government.
Many voters seeing the word “continuation” will believe that Ludt et al are pulling a fast one and want the renewal to be unending. Despite all the news coverage triggered by the disagreement over the wording — the chatter on the part of county officials can be expected to intensify between now and May 4 — there could be a sizable number of residents who will conclude that they’re being deprived of their right to judge government every five years.
The challenge confronting the commissioners, if the secretary of state remains firm, is plain to see.
For her part, Brunner needs to clearly explain what changed since 2007, when her office approved use of the word “renewal,” and should also reveal when local boards of elections were made aware of her 2008 opinion.
Why? Because in a letter to Atty. Michael Rankin, assistant secretary of state, Prosecutor Gains contends that neither he nor the commissioners were made aware of the change by the state or the board of elections.
But in the end, it comes down to the credibility of the county commissioners and other officeholders. Will the voters believe them when they say that word “continuation” that appears on the ballot does not mean permanent?
We’ll know the night of May 4.