Anti-Tax Views to Be Allowed in Voter Pamphlets

A Superior Court judge ruled Monday that a mistake by Los Angeles City Councilman Hal Bernson should not be allowed to jeopardize voters’ right to read ballot arguments against a police tax plan.

In a victory for Councilman Ernani Bernardi and the Howard Jarvis Taxpayers Assn., Superior Court Judge Diane Wayne ordered the Los Angeles City Clerk to allow their anti-tax arguments to be printed in the city’s information pamphlet, a document mailed to 1.9 million registered voters.

“We are very pleased,” said Joel Fox, president of the Jarvis group. Joining with the taxpayer’s association in the lawsuit was veteran tax critic Bernardi, who is running for mayor, and Yale Goodman of Sherman Oaks, owner of a tax service, who played a key role in the legal background for the decision.

Last week, the City Clerk refused to accept similar written arguments submitted by Bernson for publication in the city-produced pamphlet, saying the lawmaker missed the deadline for turning them in. Bernson’s chief deputy blamed the error on staff changes, illnesses and administrative confusions.

Bernson also is a foe of the April 20 ballot measure to raise property taxes to increase the Los Angeles Police Department to 10,000 officers, a proposal identical to a plan voters defeated last November.

Tax hike opponents admitted last week that it was critical that their 300-word argument be printed in the pamphlets. The arguments published there are an important means by which voters learn about ballot measures.

Late Monday, Patricia Letcher, a top official in the city clerk’s office, accepted the judge’s ruling to include in the ballot pamphlets the arguments of the anti-tax forces. The primary argument contends that if the city used its current revenues wisely, it could afford to pay for more police without raising taxes.

Trevor Grimm, attorney for the Jarvis group, said the key to winning the case was Goodman’s presence as the aggrieved party.

Goodman had sought to file arguments opposing the police tax measure early on but was told he would have to defer to Bernson, who had been picked by Council President John Ferraro to prepare the anti-tax arguments. When Bernson missed the deadline, Goodman’s rights were violated, Grimm said.