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Judge Frank Roesch Upholds Oakland Measure Y Parcel Tax Collection

I got this from the City Attorney's Office. I'll post it, then comment.

Oakland, CA – For the second time, a Superior Court judge has issued a ruling upholding the city’s collection of the Measure Y parcel tax.

On Friday, Judge Frank Roesch ruled that the city can collect the tax approved by voters in the Violence Prevention and Public Safety Act of 2004 – as long as the City Council appropriates the money in accordance with the provisions of the ballot measure.

The ruling agrees with an impartial analysis provided by the City Attorney’s Office that was included in the ballot information given to every voter before the November 2004 election. The analysis said that the city could collect the tax so long as the money was an addition to the existing police budget.

Friday’s ruling settles one of the questions raised by a lawsuit challenging the implementation of Measure Y.

In an earlier case, Alameda County Superior Court Judge Winifred Smith also ruled that the City Attorney analysis given to voters was correct.

“The position of the City Attorney’s Office has been the same from the beginning,” City Attorney John Russo said. “Whether you agree with how Measure Y has been administered since its passage, the independent analysis our office gave to voters was unambiguous and correct.”



What this means is that the city can continue to collect property taxes associated with Measure Y, but it does not bring to an end the questions surrounding how Measure Y money has been used by the City of Oakland. Charlie Pine has been railing about this over at Oakland Residents for Peaceful Neighborhoods.
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