A Contra Costa County Superior Court judge has tentatively ordered the city of Richmond to reword its ballot measure for a proposed oil refinery tax measure, finding the original wording “misleading or impermissibly biased.”
In the tentative ruling issued Friday, Judge John P. Devine granted a writ of mandate to remove specific language from the ballot label for the Nov. 5 election.
The measure, which if approved would establish a $1 per barrel tax on oil refined in Richmond, was challenged in a lawsuit filed by the Chevron-sponsored Coalition for Richmond’s Future and Daniela Dickey about two weeks after the City Council unanimously approved the ballot measure.
Brought to the council by the Asian Pacific Environmental Network (APEN) and environmental justice group Communities for a Better Environment (CBE), the measure would generate an estimated $60 million to $90 million in General Fund revenue annually.
According to the measure, the tax would potentially be used for “clean air and water treatment, roads, parks, fire and emergency response, toxic land cleanup, and improving community health and youth services, and for general government use.”
In an opposition brief filed earlier this month, the city contended that listing some potential uses of the tax revenue in the ballot measure description does not make it a “special tax,” which would mean it would require a two-thirds vote to pass. That’s because the funds can be used for any lawful city purpose — including paying city employees for carrying out city services.
While the court found the ballot label wasn’t false, it ruled the wording was misleading about the uses of the proposed tax revenue. The label implied funds would go to specific projects, despite being a general tax with no spending requirements.
“The ballot label lists examples of services, which does not include employee wages and benefits, to be provided by a general tax held in a general fund where there is a lack of accountability on the part of the City to provide any listed examples,” Devine wrote in the ruling.
The court also deemed the language impermissibly partisan, noting it echoed campaign messages from the measure’s proponents.
Devine additionally added that it was “quirky” that the Communities for a Better Environment, a supporter of the measure and not a public official, proposed the specific text of the ballot label that the Council adopted.
“In this instance, we have a ballot label that was not only drafted by proponents of the measure but whose ballot label also echoes the same messages as advertisement campaigns in support of the measure,” Devine stated.
The ruling ordered the removal of language detailing potential uses for the tax revenue, including “clean air and water treatment, roads, parks, fire and emergency response, toxic land cleanup, and improving community health and youth services.”
Both parties are scheduled to appear in Contra Costa County Superior Court at 8:30 a.m. Wednesday morning for a hearing on the writ of mandate.
According to the City Council agenda, Richmond’s City Council will hold a special closed session meeting Tuesday night at 5:15 to discuss the ongoing litigation as well as “anticipated” litigation with a time for public comment before and after.
The City Council will also hold a special meeting on Wednesday at noon to vote on rescinding the refining tax ballot measure and agreeing to a settlement with Chevron, according to the agenda.
