COUNTYWIDE : Measure M Foes Say Funds Spent Illegally

Opponents of Measure M, the half-cent sales tax for traffic improvements that will be on the November countywide ballot, filed complaints with state and county law enforcement agencies Friday alleging that county officials are spending funds illegally to implement the measure even before voters have given their blessing.

In letters sent Friday to both Dist. Atty. Michael R. Capizzi and the state Fair Political Practices Commission, an attorney representing Drivers for Highway Safety and Citizens Against Unfair Taxation argued that the Orange County Transportation Commission had no business giving the Grand Jurors Assn. of Orange County several thousand dollars to recruit citizens to help monitor expenditures of revenues from the proposed tax hike.

The association, a group of former grand jurors, this week ran newspaper ads and mailed brochures containing applications for seats on the citizens’ watchdog panel.

The implementation ordinance for Measure M calls for creation of such a panel, which would help ensure that the tax proceeds are spent according to plans set forth in the ballot language.

The ordinance also spells out that the association shall recruit prospective members, with eight of the nine members selected by lottery. The application deadline is Sept. 28, but the lottery would not be held until Nov. 15, after the election. If voters approve the measure, which would provide more than $2 billion for transportation projects over 20 years, the ninth member of the panel would be the auditor-controller.

In the complaints filed Friday, opponents claimed that it is illegal to begin implementing a measure not approved by voters, and added that the expenditures, including an ad in The Times Orang County, is “nothing more than a subtle backdoor attempt to promote the initiative with public funds.”

“Until we can analyze it closely, we would not want to prejudge,” Capizzi said of the complaint.

“I’m certain that we have not broken any laws,” said OCTC Chairman Dana W. Reed, himself a veteran campaign lawyer. Referring to opponents, Reed said, “I hope they’ll give us an apology when the D.A. determines that they’re wrong.”