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Santa Clara County, CA May 4, 2010 Election
Measure H
Parcel Tax
Union Elementary School District

2/3 Approval Required
Official Final Results

Pass: 8233 / 72.4% Yes votes ...... 3133 / 27.6% No votes

See Also: Index of all Measures

Information shown below: Impartial Analysis | Arguments | Full Text

To support high academic achievement for local Union Elementary School District students by protecting strong academic programs like Enlish, math and science, retaining qualified teachers, keeping schools safe, providing classroom materials and technology and helping maintain small class sizes, shall Union Elementary School District authorized an annual education parcel tax of $96 per parcel for 6 years, exempting seniors, and guaranteeing: no use of funds for administrator salaries; independent oversight and annual audits; and every dollar staying in our local schools?

YES
NO

Impartial Analysis from Acting County Council

This is a copy of Measure H. The official version is available from the Union Elementary School District office and the ROV.

A school district, following notice and a public hearing, has authority to levy special taxes upon approval by two-thirds of the votes cast on the special tax proposal pursuant to section 4 of Article XIIIA of the California Constitution and sections 50075-50077, 50079, and 53722 of the California Government Code.

The Board of Trustees of the Union Elementary School District (Board) proposes levying a qualified special tax on each taxable parcel of real property within the district. The owners of each such parcel in the district would annually pay $96 per parcel for a period of 6 years, commencing July 1, 2010.

The purpose of the tax proposed by Measure H is to: support and protect excellence in core academic programs, such as reading, writing, math, and science; retain qualified and experienced teachers; keep schools safe; provide classroom materials and computer learning technology; help maintain small class sizes; protect local schools from ongoing State cuts to education by providing a stable local funding source that cannot be taken by the State; and protect taxpayers' investment by providing for independent oversight and annual financial audits of revenues and expenditures, helping to ensure accountability and that funds are used to support education with no funds used for administrators' salaries.

Persons age 65 or older, owning a beneficial interest in a parcel and occupying the parcel, may be exempted from this parcel tax. Additionally, persons receiving Supplemental Security Income, occupying a parcel as a principal residence, may also be exempted. In order to obtain an exemption, an application for the exemption must be filed annually with the School District on or before July 1st of the succeeding tax year, commencing July 1, 2010.

Proceeds of the special tax would be deposited into a separate fund. Proceeds would only be applied to the purposes identified above and an annual written report would be made to the Board of Trustees showing the amount of funds collected and expended from the proceeds of this tax, as well as the status of any projects to be funded by the school district. Additionally, if the special tax is approved, the Board would appoint an Independent Community Oversight Committee to ensure the tax funds are used for the specific purposes approved by the voters and which would report annually regarding the expenditure of these funds. Further, an annual independent performance and financial audit would be performed.

A "yes" vote is a vote to approve a $96 per parcel qualified special tax on parcels within the District for a six-year period of time.

A "no" vote is a vote not to approve a $96 per parcel qualified special tax on parcels within the District for a six-year period of time.

Miguel Marquez
Acting County Counsel


By: /s/ Susan Swain
Senior Lead Deputy County Counsel

  Official Information

All Mail-in Ballot Election

  • This is an ALL MAIL IN BALLOT election. If you prefer you may vote in person at the office of the Registrar of Voters, 1555 Berger Dr., San Jose from April 5 to May 3 (M-F, 8-5) and on May 4 from 7am to 8pm

    You may mail in your ballot or drop it off at various locations

Union Elementary School District webpage
Proponents

Union Elementary School District

Protect Our Neighborhood Schools
Opponents

No opposing webpages are known at this time.
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Arguments For Measure H

This is a copy of Measure H. The official version is available from the Union Elementary School District office and the ROV.

Our local elementary and middle schools in Union Elementary School District provide an excellent education to our neighborhood children. We are proud of our schools' strong academic achievement. Union schools are ranked among the top performing in the state for academic achievement. That's why parents, teachers and community leaders are voting YES on Measure H.

Union Elementary School District has tightened its belt and operates on a lean budget to protect classroom programs and teachers. But ongoing state budget cuts to education are threatening the high-quality education that our community expects and local students deserve.

That's why Measure H is so critical for our schools. It will provide a local, stable source of funding to protect our top-notch academic programs and retain the excellent teachers who make our schools great.

Even better, every penny from Measure H will stay in our local schools and cannot be taken by the state.

Vote YES on Measure H:

  • Support and protect core academic programs like English, math and science
  • Retain experienced and qualified teachers
  • Keep our schools safe
  • Provide needed classroom materials and technology
  • Help maintain small class sizes

Measure H includes fiscal safeguards:

  • Every penny of Measure H funds will stay right here in our neighborhood schools and cannot be taken by the state
  • No funds will be spent on administrators' salaries
  • Annual independent audits and an Independent Oversight Committee will ensure funds are used for voter-approved purposes
  • Expires in 6 years and cannot be renewed without voter approval
  • Senior citizens may file for an exemption

Our schools help keep our community strong, making our neighborhoods desirable places to live. Join us and vote YES on Measure H to keep our local elementary and middle schools among the top in the state.

/s/ Shannon McDowell
President - Union District Educators Assn.


/s/ Jennifer A. Torres
President - Dartmouth Home & School Club


/s/ Domenic Norcia
Realtor/Senior Community Member


/s/ Edward L. Chirco
Chairperson - Cambrian Community Council


/s/ James F. Cunneen
Former District 24 State Assemblymember & Co-Chair, Citizens for Excellence in Union Elementary School District

(No arguments against Measure H were submitted)

Full Text of Measure H

This is a copy of Measure H. The official version is available from the Union Elementary School District office and the ROV.

Union Elementary School District Quality Public Education Preservation Act of 2010

INTRODUCTION

To support high academic achievement for local Union Elementary School District students by protecting strong academic programs like English, math and science, retaining qualified teachers, keeping schools safe, providing classroom materials and technology and helping maintain small class sizes, shall Union Elementary School District authorize an annual education parcel tax of $96 per parcel for 6 years, exempting seniors, and guaranteeing: no use of funds for administrator salaries; independent oversight and annual audits; and every dollar staying in our local schools?

PURPOSE

To provide local revenue that cannot be taken by the State and to maintain quality education in our neighborhood schools, the Union Elementary School District proposes to implement a qualified education parcel tax for a period of 6 years, beginning July 1, 2010, at the rate of $96 per year on each assessor's parcel located within the Union Elementary School District, with an optional exemption annually available, upon application, for senior citizens and persons receiving SSI, and to implement accountability measures in connection with the education parcel tax to provide oversight and accountability to help the District ensure that funds are used to:

  • Support and protect excellence in core academic programs such as reading, writing, math, and science;
  • Retain qualified and experienced teachers
  • Keep schools safe;
  • Provide classroom materials and computer learning technology for students;
  • Help maintain small class sizes;
  • Protect local schools from ongoing State cuts to education funding by providing a stable local funding source that cannot be taken away by the State; and
  • Protect the taxpayers' investment in education by providing for independent oversight and annual financial audits of revenues and expenditures, thus helping to ensure accountability and that all funds are used to support education with no funds used for administrators' salaries.

PROCEDURES

Subject to two thirds approval of the voters, the renewed and extended education parcel tax shall become effective as of July 1, 2010 and be collected by the Santa Clara County Tax Collector at the same time as and along with, and shall be subject to the same penalties as general ad valorem taxes collected by said tax collector. The tax and penalty shall bear interest at the same rate as the rate for unpaid ad valorem property taxes until paid. Any tax levied shall become a lien upon the properties against which taxes are assessed and collectible as herein provided.

With respect to all general property tax matters within its jurisdiction, the Santa Clara County Tax Assessor or other appropriate County tax official ("County") shall make all final determinations of tax exemption or relief for any reason, and that decision shall be final and binding. With respect to matters specific to the levy of the education parcel tax, including the Senior Citizen Exemption, SSI Exemption, and "Contiguous Parcel" treatment as allowed below, the decisions of the District shall be final and binding. The procedures described herein, and any additional procedures established by the Board of Trustees, shall be the exclusive claims procedure for claimants seeking an exemption, refund, reduction, or re-computation of the education parcel tax. Whether any particular claim is to be resolved by the District or by the County shall be determined by the District, in coordination with the County as necessary.

The District's Board of Trustees may adopt such additional or supplemental procedures as it deems necessary or convenient for the administration of the education parcel tax.

OPTIONAL SENIOR CITIZEN EXEMPTION AVAILABLE

An optional exemption from the education parcel tax will be made available annually to each individual in the District who will attain 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 School District on or before July 1, 2010, or July 1 of any succeeding tax year. Any application for such exemption must be renewed annually.

OPTIONAL SUPPLEMENTAL SECURITY INCOME ("SSI") EXEMPTION AVAILABLE

An optional exemption shall also be granted to persons receiving Supplemental Security Income ("SSI") for a disability, regardless of age, who occupies said parcel as a principal residence, and who applies to the School District on or before July 1, 2010, or July 1 of any succeeding tax year. Any application for such exemption must be renewed annually.

CONTIGUOUS PARCELS

Any parcels that are contiguous to each other, used solely for owner-occupied single-family residential purposes and held under identical ownership may, upon approval of an application from the owners thereof submitted to the District, be treated as a single parcel for purposes of the special assessment. Any one approved application from a qualified applicant will provide for such treatment for the remaining term of the assessment, so long as all of the parcels continue to be held under identical ownership and are owner occupied.

The District shall annually provide to the County Treasurer-Tax Collector or other appropriate County tax official a list of parcels that the District has approved for a Senior Citizen Exemption, SSI Exemption, and/or for "contiguous parcel" treatment. ACCOUNTABILITY MEASURES

In accordance with the requirements of California Government Code Sections 50075.1 and 50075.3, the following accountability measures, among others, shall apply to the education parcel taxes levied in accordance with this Measure: (a) the specific purposes of the education parcel tax shall be those purposes identified above; (b) the proceeds of the education parcel tax shall be applied only to those specific purposes identified above; (c) a separate, special account shall be created into which the proceeds of the education parcel taxes must be deposited; and (d) an annual written report shall be made to the Board of Trustees of the District showing (i) the amount of funds collected and expended from the proceeds of the education parcel taxes and (ii) the status of any projects, programs, or purposes required or authorized to be funded from the proceeds of the education parcel taxes, as identified above.

In addition to the accountability measures required by State law, the Board of Trustees will implement the following additional accountability measures:

(1) an independent Community Oversight Committee shall be appointed by the Board of Trustees to monitor expenditures funded by the measure so that the District can ensure that said funds are spent for the purposes approved by the voters. The Community Oversight Committee will monitor the expenditures of these funds and will report on an annual basis to the Board and community on how these funds have been spent; and

(2) an annual, independent performance and financial audit will be conducted to ensure that the education parcel tax proceeds have been expended only for the purposes identified above;

(3) under no circumstances shall education parcel tax funds be used to pay administrators' salaries.

PROTECTION OF FUNDING

Current law forbids any decrease in State or Federal funding to the District because of the District's adoption of an education parcel tax. However, if any such funds are reduced because of the adoption of this education parcel tax, then the amount of the education parcel taxes will be reduced annually as necessary in order to restore such State or Federal funding.

SEVERABILITY

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


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Created: June 4, 2010 10:18 PDT
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