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Contra Costa County, CA May 19, 2009 Election
Measure D
Parcel Tax
Mount Diablo Unified School District

2/3 Approval Required

Fail: 24,270 / 58.6% Yes votes ...... 17,122 / 41.4% No votes

See Also: Index of all Measures

Information shown below: Impartial Analysis | Arguments | Full Text

To provide all students with a quality education, including reading, writing, math and science; ensure reliable, local funding to protect against harmful state budget cuts; attract and retain quality teachers; maintain vital college and work force preparation programs; and enhance classroom technology; shall the Mount Diablo Unified School District be authorized to levy $99 per parcel annually, with no funding for district office administrator salaries, an exemption for seniors and strict monitoring by an independent citizen oversight committee?

Impartial Analysis
The Board of Education of the Mt. Diablo Unified School District is proposing a parcel tax (a qualified special tax). This ballot measure asks voters to decide whether a parcel tax should be imposed on parcels of taxable real property within the District for five years, beginning July 1, 2009.

The parcel tax would be $99 per year on each parcel of taxable real property in the District. A parcel of taxable real property is any unit of real property in the District that receives a separate tax bill for property taxes from the Contra Costa County Treasurer-Tax Collector's Office. A parcel otherwise exempt from property taxes will also be exempt from the imposition of the parcel tax. The ballot measure includes a senior citizen exemption. Any parcel owned and occupied by a person 65 years of age or older would be exempt from the parcel tax upon proper application to the District.

The ballot measure states that the proceeds of the parcel tax will be used to "provide all students with a quality education, including reading, writing, math and science; ensure reliable, local funding to protect against harmful state budget cuts; attract and retain quality teachers; maintain vital college and work force preparation programs; and enhance classroom technology." Proceeds from the parcel tax may be used only for the specific purposes set forth in the ballot measure and according to constitutional and statutory provisions. Proceeds from the parcel tax will be deposited into a District account that will be kept separate from other District accounts. An annual independent audit report will be prepared stating the amount of the parcel tax collected and expended in the year and the status of any projects or description of any programs funded from the tax proceeds. Additionally, an independent community oversight committee appointed by the District Board will monitor expenditures.

Two-thirds of those voting on the ballot measure must approve the measure for it to pass.

A "yes" vote is a vote in favor of authorizing the parcel tax.

A "no" vote is a vote against authorizing the parcel tax.

  Official Information

Web Site for Mount Diablo Unified School District
News and Analysis

Contra Costa Times

Partisan Information

Proponents' Web Site
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Arguments For Measure D Arguments Against Measure D
Protecting our local schools and providing our children with the quality education they deserve is one of our community's most important responsibilities. Devastating state budget cuts are threatening our ability to meet that responsibility.

Unable to solve the budget crisis at the state level, the Sacramento politicians have taken tens of millions from our local schools. Mt. Diablo Unified School District has worked hard to keep state cuts as far away from the classroom as possible. However, more and deeper state cuts are on the way that will continue to harm our core academic programs.

We must act now to protect our local schools, avoid laying off teachers and ensure that our students get the quality education they need to succeed and contribute to our community.

Voting Yes on Measure D will provide MDUSD with a stable, reliable source of local school funding that the state cannot take away. Voting Yes on Measure D will enable the MDUSD to:

  • Provide our students with a quality education, including reading, writing, math and science
  • Help attract and retain quality teachers
  • Support programs that prepare students for college and the workforce
  • Maintain classroom technology programs
  • Keep school librarians and support a well-rounded curriculum that includes music and art

Measure D isn't about frills. It's simply about protecting basic, quality education. Measure D will benefit every school in the District, with no funding for district office administrator salaries.

Measure D also includes an exemption for seniors. All funding will be subject to strict annual monitoring by an independent citizen oversight committee.

Please join us. Vote Yes on Measure D. Let's keep our local tax dollars local, where we can control how it's spent. Together, we can safeguard our students from state budget cuts, attract and retain good teachers and preserve vital classroom programs. For more information, visit http://www.ProtectOurLocalSchools.com.

Tom Torlakson Assembly Member, District 11

John R. Ferrante, Chairman Measure C Oversight Committee Former Parent, MDUSD

Susan Bonilla Contra Costa County Supervisor, District IV

Community United for Excellent Schools (CUES) Sheldon Perham, Treasurer

Liane Cismowski 2004 Contra Costa County Teacher of the Year

Rebuttal to Arguments For
The school trustees must appoint a competent superintendent and top management team, and develop a strategic action plan that will allow the district to live within its means. It is wrong to ask the already strapped public for additional taxes.

The real purpose for this measure at this time is to obtain money for teacher raises. While good teachers deserve good compensation, now is not the time for raises for anyone in public employ. Teachers, administrators and others should be expected to live on their current pay, just as citizens of the district are forced to do. It may even be necessary to cut salaries temporarily. Such is life in our current economic struggle, and public employees are not exempt from that reality.

The measure provides for "senior exemptions". This is manipulative, encouraging yes votes by folks who won't have to share the burden. If quality education benefits everyone, exempting seniors to win their votes is wrong.

Voters should say NO to raising taxes while local taxpayers struggle to make ends meet. There are ways the district can reduce costs without harming classroom effectiveness. Why aren't all certified teachers working with students in the classroom? Are "curriculum" and other "specialists" truly vital in these tough times? Are all the many administrative positions really essential?

Rather than pushing this tax measure, the trustees should focus on cost control, and not ask taxpayers for yet another bailout.

Pleasant Hill Taxpayers Association Jack Weir, President

Elisa Pini Business Manager

Mauna Wagner Compensation Professional

Richard Soderholm Former Grand Jury Member

Bruce Weissenberger Financial Manager

This is the wrong tax at the wrong time, a last-minute "Hail Mary" attempt to gain money for teacher raises. The district's justification includes numerous myths spun by teachers' unions:

  • MYTH + Prop 13 caused a decrease in per-pupil spending.
  • FACT + Spending for K-12 is higher than before Prop 13, and now consumes half the state budget, double from 25 years ago.
  • MYTH + California per-pupil spending is the lowest in the nation.
  • FACT + Objective analysis shows California spending in the middle of all states, but educational results are at the bottom.
  • MYTH + Reduction in class size increases educational quality.
  • FACT + The legislature's non-partisan analyst determined that smaller class sizes beyond K-3 produce no increase in educational quality, but do create teacher and classroom shortages.
  • MYTH + Salaries are too low to attract competent teachers.
  • FACT + Experienced teachers in MDUSD earn about $10,000 per month in total compensation for the nine months they work each year. For years MDUSD has employed a much higher percentage of first-year teachers and interns than surrounding districts. This makes more money available for veteran teachers, a perennial union goal.

Raising taxes will not solve the district's management problems, but will hurt property owners. Under the new state budget, the average family will already pay about $1200 more each year. This measure actually encourages Sacramento to continue to dump its financial obligations onto counties, cities and school districts. This is a time for fiscal belt-tightening by all California families, businesses and governments. Workers are losing their jobs, families are losing their homes, and everyone watches retirement assets dwindle. MDUSD must also tighten its belt. This is not the right time to ask taxpayers for more.

Pleasant Hill Taxpayers Association Jack Weir, President

Elisa Pini Business Manager

Mauna Wagner Compensation Professional

Richard Soderholm Former Grand Jury Member

Bruce Weissenberger Financial Manager

Rebuttal to Arguments Against
Now is exactly the right time to protect our local schools against continuing state budget cuts. The state's budget problems have gone on for years, with no real end in sight and no promise that our local schools won't continue to suffer. Over the past five years, state budget cuts have forced the Mt. Diablo Unified School District to slash more than $30 million, lay off dozens of teachers and reduce or eliminate important learning programs. We face another $8 million in cuts next year. Waiting for the state to solve our local school budget problems is not the answer.

Voting YES on Measure D will provide MDUSD with reliable local funding for all of our schools that the state cannot take away. The funding will go only to the MDUSD programs and people that the community has said should be our highest priorities, including:

Protecting against future state cuts
Attracting and retaining quality teachers
Providing students with quality education, including reading, writing, math and science
Restoring critical education programs and teaching positions
Supporting programs that prepare students for college and the workforce

We must also make sure there is strong public accountability. That's why Measure D includes an independent citizen oversight committee to monitor spending. Measure D also provides an exemption for seniors. And, none of the money can be used for district office administrator salaries.

Please join us to protect our local schools and ensure quality education for our children. Vote YES on Measure D. Learn more at http://www.ProtectOurLocalSchools.org.

Janet Gower California Teacher of the Year 2002

Michael G. Harris, O.D. Mayor, City of Pleasant Hill

Mark DeSaulnier California State Senator

Mona Lisa Ricard President, Mt. Diablo Council of PTA

Rocco Biale Local Business Owner Rocco's Ristorante & Pizzeria

Full Text of Measure D
Section 1: TERMS OF THE SCHOOL QUALITY PROTECTION MEASURE OF 2009 (a) Terms and Purposes: Upon approval of two thirds of those voting on this proposition, the District shall be authorized to and shall levy a qualified special tax of $99 per year per parcel of taxable real property in the District, commencing July 1, 2009. The qualified special tax shall be known and referred to as the "School Quality Protection Measure of 2009." Proceeds of the School Quality Protection Measure of 2009 shall be authorized to be used to:  Strategically raise the salary of teachers and staff so the District can compete with other districts in attracting and retaining the best teachers and staff to support student achievement;  Maintain and restore existing district programs and services to ensure all students continue to receive a quality education including reading, writing, math and science.  Provide additional training to staff, including K-12 teachers and paraprofessionals;  Provide more competitive compensation and/or benefits to school personnel;  Expand and enhance the Teacher Support Program and increase teacher support and accountability;  Enhance classroom technology;  Maintain vital college and workforce preparation programs to prepare students for the 21st century.  Support after school programs to help students with reading, writing, math and other activities;  Maintain reduced class sizes for kindergarten through third grade and 9th grade;  Maintain full-time school librarians;  Provide a well-rounded curriculum including arts and music;  Conduct the election and provide oversight to make sure the proceeds from the parcel tax are only spent in the manner approved by the voters; and  The proceeds of this tax shall not be used to raise the salaries of central office administrators.

(b) Senior Citizen Exemption Available: An optional exemption from the special tax will be made available annually to each individual in the District who attains 65 years of age prior to July 1 of the tax year, and who owns a beneficial interest in the parcel, and who uses that parcel as his or her principal place of residence, and who applies to the District on or before July 1 of each tax year, or during the first year of the tax at a date to be determined by the Board of Education. Any application for such exemption must be submitted to the District and must be renewed annually.

Section 2: ACCOUNTABILITY MEASURES

(a) Oversight Committee: An independent oversight committee shall be appointed by the Board of Education to ensure that the proceeds from this proposition are expended for the purposes described in the proposition. The committee shall consist of ten(10) community members which represent the diverse interest of the district's stakeholders. Each trustee shall appoint two (2) members of the oversight committee. Committee members shall reside within District residential boundaries.

(b) Government Code Section 50075.1 Compliance: The members of the Board, the Superintendent of the District, and officers of the District are hereby requested and directed, individually and collectively, to provide accountability propositions pursuant to Government Code Section 50075.1 that include, but are not limited to, all of the following: (i) a statement indicating the specific purposes of the qualified special tax, (ii) a requirement that the proceeds be applied only to the specific purposes identified pursuant to subsection (i), (iii) the creation of a separate special account into which the proceeds from the special taxes shall be deposited, and (iv) an annual report pursuant to Section 50075.3. of the Government Code.

(c) Government Code Section 50075.3 Compliance: Pursuant to Section 50075.3 of the Government Code, the Board directs that the Superintendent of the District file a report with the Board no later than September 30, 2010, and at least once a year thereafter. The annual report shall contain both of the following: (i) the amount of funds collected and expended from the special taxes, and (ii) the status of any projects or programs required or authorized to be funded as identified in subsection (a)(i) hereof from the proceeds of the special taxes.

(d) Specific Purposes: All of the purposes set forth in the proposition shall constitute the specific purposes of the School Quality Protection Measure of 2009, and the proceeds of that special tax shall be applied only for such purposes, and shall not fund any program, project or reduction other than those authorized above.

Section 3: LEVY AND COLLECTION

(a) Collection: The School Quality Protection Measure of 2009 special tax shall be collected by the Treasurer/Tax Collector (hereinafter "Tax Collector") at the same time and in the same manner and shall be subject to the same penalties as ad valorem property taxes collected by the Tax Collector. The collection of taxes under the School Quality Protection Measure of 2009 shall not decrease the funds available from other sources of the District in any period from the effective date hereof.

(b) Definition: "Parcel of taxable real property" as used herein shall be defined as any unit of real property in the in Mt. Diablo Unified School District that receives a separate tax bill for ad valorem property taxes from the Tax Collector's Office.

(c) Exemption: All property that the Tax Collector has determined to be otherwise exempt from or on which are levied no ad valorem property taxes in any year shall also be exempt from the School Quality Protection Measure of 2009 in such year. The Tax Collector's determination of exemption or relief for any reason of any parcel from taxation, other than the Senior Citizen Exemption, shall be final on the taxpayer for purposes of the School Quality Protection Measure of 2009. Taxpayers desiring to challenge the Tax Collector's determination should do so under the procedures established by the Tax Collector's Office and Section 4876.5 of the California Revenue and Taxation Code or other applicable law. Taxpayers seeking any refund of taxes paid pursuant to the School Quality Protection Measure of 2009 shall follow the procedures applicable to tax refunds pursuant to the California revenue and Taxation Code.

(d) List of Senior Citizen Exemption: Parcels owned and occupied by individuals who are 65 years of age or older may be exempt pursuant to the Senior Citizen Exemption provisions set forth above. The District shall annually provide a list to the Tax Collector, on or before a date established by the Tax Collector each year, of the parcels which the District has approved for the Senior Citizen Exemption as described above.

(e) Duration: The collection of taxes pursuant to this School Quality Protection Measure of 2009 shall commence July 1, 2009 and expire June 30, 2014.

(f) Appropriations Limit: The Board shall provide, pursuant to Section 7902.1 of the Government Code or any successor provision of law, for any increase in the District's appropriations limit as shall be necessary to ensure that the proceeds of the special tax may be collected and spent for the authorized purposes.

Section 4: SEVERABILITY

The Board hereby declares, and the voters by approving this proposition concur, that every section, paragraph, sentence and clause of this proposition has independent value, and the Board and the voters would have adopted each provision hereof regardless of every other provision hereof. Upon approval of this proposition by the voters, should any part be found by a court of competent jurisdiction to be invalid for any reason, all remaining parts hereof shall remain in full force and effect to the fullest extent allowed by law.


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Created: July 31, 2009 13:11 PDT
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