Two Unions Jump Into Fight Against Prop. 42

Two of the state’s most powerful unions are pouring money into a last-minute campaign to defeat Proposition 42, the March ballot measure that would earmark state gasoline sales taxes for transportation projects.

In a surprise attack, the California Teachers Assn. and the Service Employees International Union began airing television commercials around the state Tuesday opposing the measure. They contend that Proposition 42 would hurt schools and public health and safety by dedicating the 6% sales tax to transportation instead of spending it on a variety of services through the general fund.

Gale Kaufman, a political consultant for the opponents, said the unions decided to mount a campaign late last week after two newspapers editorialized against Proposition 42.

Union officials also thought that pro-42 commercials were confusing, and determined that the ballot measure was “eminently beatable,” Kaufman said.

She said that the CTA and SEIU are footing the bill for the ads, but declined to say how much they plan to spend. Representatives of each organization did not return phone calls seeking comment.

By mounting an opposition campaign, the unions risk the ire of political heavyweights just months before the CTA mounts a separate campaign for a massive school construction bond.

Proposition 42 is supported by Gov. Gray Davis, the California Chamber of Commerce, a variety of tax watchdog groups and transportation advocates. Lawmakers placed it on the ballot on a bipartisan vote.

“This is a classic act of subterfuge,” said Scott Macdonald, a spokesman for the Yes on Proposition 42 campaign. “Here they come in at the end dumping money into political advertising that I’m sure will be riddled with half-truths and scare tactics.”

David Ackerman, a lobbyist for the Associated General Contractors and the California Chamber of Commerce, said he is confident his side will prevail.

“Our message is strong and true,” Ackerman said. “Proposition 42 refocuses money into a critical area of the California economy and does it without raising taxes.”

Proponents, who have collected about $5 million, contend that California’s roads are the worst in the nation and that most motorists assume the gas sales tax already goes to transportation. Approving Proposition 42, they add, would improve public safety by relieving congested roads.

The opposition’s television ads represent an abrupt turnabout. Kaufman recently told The Times that the CTA had decided not to mount a campaign because it was saving its money for the November school construction bond. But on Tuesday, Kaufman took issue with the fact that Proposition 42 would embed transportation funding into the state Constitution, making it a higher priority than other issues.

At the same time, however, the CTA benefits from Proposition 98, the 1988 measure that requires that about 35% of the state’s general fund be spent on kindergarten through community college education.

At risk for teachers are billions of dollars that the governor and Legislature can direct toward schools beyond the funds guaranteed by Proposition 98.

About $31.4 billion from the general fund is earmarked for education in Davis’ 2002-03 budget proposal. By comparison, Proposition 42 would shift an estimated $1.4 billion to transportation starting in 2008.

“There is a little hypocrisy when the education community wants to constitutionally protect school funding and then we run out and oppose the effort by the advocates of other vital services who want to do the same,” said Kevin Gordon, executive director of the California Assn. of School Business Officials. Gordon’s group has taken a neutral position on Proposition 42.

Kaufman also criticized supporters of Proposition 42 for failing to point out in their television ads that the measure would not take effect until 2008. Under current law, gas sales taxes collected from July 2003 through June 2008 are earmarked for a specific plan to relieve urban traffic congestion.

Proposition 42 would permanently dedicate those taxes to transportation projects, beginning in July 2008.