Post by Chris_Wendt on Jun 21, 2013 11:04:12 GMT -5
New Wrinkle on School Budget Voting (Commentary)
So here we are with our school district budgets the only budgets subject to plebiscite (public vote) under the guise of maintaining “local control” over school spending. If that were not a sufficient mockery of the process of education funding, we further undermine and erode any vestiges of “local control” through the ballot box by allowing “Do-Over” voting on school budget votes that don’t come out “right” the first time. There is even a little joke in the law that specifies that district may submit “a revised budget” for the re-vote, in that “revised” does not mean the money, but could simply mean the date! Funny, right? Not.
Then along comes the highly touted “Two-Percent Tax Cap” which is the latest attempt to control school spending, itself an embarrassing admission of the failure of school budget voting to have accomplished its intended purpose, controlling school spending. Now, there is ample directly relevant case law about the sanctity of contracts under the state and federal constitutions, especially the sanctity of covenants made with bond holders concerning the funding sources for repaying bond principle and interest, including the power of taxation by the bonding authority (school districts included). In addition, there are property rights attached to both tenure and state pensions, which are shielded by the State Constitution. So, right out of the starting gate, there could really never be any such thing as a “tax cap” placed on school districts who have bond holders and vested pensioners and active members of the state pension systems who rely, constitutionally, on the school district’s power of taxation to fund the bond repayment schedules, bond interest, and of course, the pension system employer contributions. Tax Cap Equals Farce. No such animal.
But, we do have something that we’ll call a “Two-Percent Tax Cap”, only we have shrouded this thing in exceptions and exemptions, and, just to be on the safe side, we made an override provision and created a new class of voters, called the “Super-Majority” who can over-rule the Regular Old Majority by force of superior numbers, and, of course, if necessary, by holding a “Do-Over” budget vote, with at least the date changed from the first budget vote.
The NY State Teachers Union (NYSUT) has filed suit against the constitutionality of the “Two-Percent Tax Cap”. I support their efforts, although with starkly different motivation than NYSUT’s stated reasons. We do agree the tax cap is unconstitutional, and we even agree on at least one reason why, this “Super-Majority” cap override provision.
Of the six school districts whose budgets “failed” in May, ALL SIX actually had PASSED with a majority of ‘Yes’ votes, only except, but, they did not attain the baloney “Super-Majority”.
This led to two ridiculous results:
1. Four (4) of these districts made wholesale and damaging cuts to programs and staff to avoid the requirement for a “Super-Majority” in their “Do-Over” votes in June. All four passed by HUGE margins.
2. Two (2) of these districts pressed-on however, attempting to "pierce the tax cap", with one making some cuts from their original “failed-with-a-majority-of-Yes-votes” budget, and the other hanging tough by changing only the date on their new “In-your-face” re-submitted budget. Both of these budgets passed with GIGANTIC “Super-Majority” "Do-Over" votes.
In my opinion, the status of school budget voting has deteriorated to a complete load of bull crap. School budget voting does not foster real “local control” over school spending; the tax cap and it voter Super-Majority violates the State Constitution, and the entire process divides communities against themselves in ways that are not beneficial for anything other than getting incumbent state politicians re-elected.
I probably have one more commentary piece in this series, perhaps next week.
Additional information can be had for the asking at chriswendt117@gmail.com
Chris Wendt
So here we are with our school district budgets the only budgets subject to plebiscite (public vote) under the guise of maintaining “local control” over school spending. If that were not a sufficient mockery of the process of education funding, we further undermine and erode any vestiges of “local control” through the ballot box by allowing “Do-Over” voting on school budget votes that don’t come out “right” the first time. There is even a little joke in the law that specifies that district may submit “a revised budget” for the re-vote, in that “revised” does not mean the money, but could simply mean the date! Funny, right? Not.
Then along comes the highly touted “Two-Percent Tax Cap” which is the latest attempt to control school spending, itself an embarrassing admission of the failure of school budget voting to have accomplished its intended purpose, controlling school spending. Now, there is ample directly relevant case law about the sanctity of contracts under the state and federal constitutions, especially the sanctity of covenants made with bond holders concerning the funding sources for repaying bond principle and interest, including the power of taxation by the bonding authority (school districts included). In addition, there are property rights attached to both tenure and state pensions, which are shielded by the State Constitution. So, right out of the starting gate, there could really never be any such thing as a “tax cap” placed on school districts who have bond holders and vested pensioners and active members of the state pension systems who rely, constitutionally, on the school district’s power of taxation to fund the bond repayment schedules, bond interest, and of course, the pension system employer contributions. Tax Cap Equals Farce. No such animal.
But, we do have something that we’ll call a “Two-Percent Tax Cap”, only we have shrouded this thing in exceptions and exemptions, and, just to be on the safe side, we made an override provision and created a new class of voters, called the “Super-Majority” who can over-rule the Regular Old Majority by force of superior numbers, and, of course, if necessary, by holding a “Do-Over” budget vote, with at least the date changed from the first budget vote.
The NY State Teachers Union (NYSUT) has filed suit against the constitutionality of the “Two-Percent Tax Cap”. I support their efforts, although with starkly different motivation than NYSUT’s stated reasons. We do agree the tax cap is unconstitutional, and we even agree on at least one reason why, this “Super-Majority” cap override provision.
Of the six school districts whose budgets “failed” in May, ALL SIX actually had PASSED with a majority of ‘Yes’ votes, only except, but, they did not attain the baloney “Super-Majority”.
This led to two ridiculous results:
1. Four (4) of these districts made wholesale and damaging cuts to programs and staff to avoid the requirement for a “Super-Majority” in their “Do-Over” votes in June. All four passed by HUGE margins.
2. Two (2) of these districts pressed-on however, attempting to "pierce the tax cap", with one making some cuts from their original “failed-with-a-majority-of-Yes-votes” budget, and the other hanging tough by changing only the date on their new “In-your-face” re-submitted budget. Both of these budgets passed with GIGANTIC “Super-Majority” "Do-Over" votes.
In my opinion, the status of school budget voting has deteriorated to a complete load of bull crap. School budget voting does not foster real “local control” over school spending; the tax cap and it voter Super-Majority violates the State Constitution, and the entire process divides communities against themselves in ways that are not beneficial for anything other than getting incumbent state politicians re-elected.
I probably have one more commentary piece in this series, perhaps next week.
Additional information can be had for the asking at chriswendt117@gmail.com
Chris Wendt