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Tax relief from the North Dakota Legislature??


Dear Editor:

 

As a constituent and tax payer I have been waiting and watching for tax relief from the North Dakota Legislature. Well it is FINALLY HERE. The legislature has seen fit to reduce the tax on champagne (Senate Bill 2416). You can’t believe how relieved I am in planning the festivities for next New Years Eve. Just knowing that I am NOT going to have to pay an additional 26 cents on every liter of champagne takes all the stress away. In fact I’m going to have enough extra to buy a party hat.


If you are picking up a little tongue in cheek, you are right on. For law makers to waste time on a "tax on bubbles", they might as well pass a law on the proper retirement of disposal diapers. There is a chance they know more about diapers and what’s in them than champagne.


The legislature did have a chance to positively impact all of the citizens of North Dakota with House Bill 1268. That bill would have eliminated sales tax on clothing. Now if I remember right, there are three basic requirements for all people – FOOD, CLOTHING and SHELTER. We are okay in the food area with no tax (so far). With shelter, we know where we are with property tax – totally out of control. There was an effort to address the property tax concern with House Concurrent Resolution 3046, but that would change the status-quo so it went down in a hail of flames. HCR 3046 only asked that the people debate the property tax issue and vote on it. But ah, we are only allowed to pay the taxes not discuss them.


Now let’s discuss CLOTHING. There is general agreement that we all need clothing regardless of who we are? Looking at it from any directions it would seem to be a perfect area for tax relief for all our state citizens and our friends who come to visit and shop. The House of Representative voted for it with a large majority. In the Senate only one (1) voted for it (Potter) and 47 voted NO. I proceeded to Bismarck Wednesday to ask why. One Senator said that we could not afford to give up the revenue. That would seem to be a little hollow when they started the session with a $!,200,000,000.00 surplus. Another stated that the legislature could not disrupt the revenue stream for the cities that have HOME RULE. It would seem we now have the tail wagging the dog. Where does it say cities tell the legislature what to do.


Anyway, we will just have to be happy with our tax relief on champagne!


Respectfully yours,


Leon L. Mallberg

Dickinson, North Dakota


MARCH MADNESS: CCI GOES TO STATE
 
Over the past few weeks CCI has been traveling to Bismarck to attend committee hearings and legislative sessions. Of the over a thousand bills that have been introduced we have concentrated on just a few, mostly those that affect the individual liberties of North Dakotans.
 
One hearing we attended was a hearing to study eliminating all property tax in ND. Could you imagine the economic boom it would be for ND if this could be done? Now that would be a stimulus package with no strings attached! There is an additional measure HCR 3046 that would have put an amendment to abolish property taxes in North Dakota on the ballot for the citizens to decide this issue.
 
At the hearing, this testimony was given by Minot Attorney Bob Hale. "Property taxes take $716 million out of our family budgets each year. There is no better way to empower the family and put money where it will do the most good, back in family budgets and in the hands of those who have earned it. Property taxes mean you never own your home—you merely rent it from the government. No one knows this better than our elderly and those on fixed incomes, who, after living in the same house for 30 years and paid it off are forced to move because they cannot afford their property taxes. Property taxes are a disincentive to business and our government leaders know this. That is why they use property tax abatement to attract new businesses into the area, adding to the tax burden of homeowners and established businesses. The only solution is to abolish property taxes. The question of course is "How do we replace the revenue that property taxes provide?" Two years ago the legislature increased state spending 23.5%--even though our population did not increase. The amount of increased spending was enough to replace property taxes. Over the last two years the state sales and income taxes you paid exceeded state spending by $1.3 billion. Instead of increase state spending yet again, this money could replace the revenue raised through property taxes."
 
As our nation enters an economic downturn, North Dakota would be the only state in the country that has no property tax. We would be a magnet to every business and industry in the nation and we won't have to spend a dime for Economic Development to do so.
 
This would mean our small communities will have the same level playing field as larger cities when trying to attract businesses. Right now a small community can't afford to offer the economic development incentives that the larger cities can. But with no property tax, a city like Valley City would be able to easily find new tenants for the empty buildings we have without stressing our city budget.
 
Our state would attract young families who are not able to afford to buy a home in other states. No property taxes will spur the home building industry, adding jobs to the state which would add to both sales and income taxes.
 
Within hours of the committee hearing on this measure an AP story about abolishing property taxes in ND went nationwide on forbes.com, yahoo, and many others. Clearly this would attract people to our state.
 
As far as local control goes, we have been staunch supporters of local control and we have a track record that shows that. It appears that we have lost a lot of local control already. If you go to both the city and county commissioners and corner them on the ever increasing property taxes they have repeatedly said that it's the state's fault not theirs. We believe that if this measure is done correctly it can have a positive effect on local control.
 
As this story was being updated the house voted this down. Representives Metcalf and Meuller voted no. Representative Koppleman, the chairman of the committee that heard this issue, put an amendment onto the measure that took a good bill and made it into a bad bill where even the the bill's sponser voted against his own bill. That's the kind of stuff that goes on in Bismarck that usually doesn't make the news. However, there is a lot interest accross the state to initiate the measure and still let the people decide in November 2010.
 
There is also a bill that we supported, HCR 3049. This resolution would cap government budgets (state and local) at the current years level with an inflation adjustment based on the Consumer Price Index (CPI). That is what is currently in place with people on fixed incomes. The measure even allows for an option to go to the voters for more if the need is there. That is more generous than the government is with people on fixed incomes.
 
In the last 10 yrs state spending has increased nearly 70%. During that same time inflation has risen nearly 43% but the average wages have only increased 41%. So while state spending has outpaced inflation, the average wages of the citizens of North Dakota have not even kept up with inflation. While we are earning less our government is spending more.
 
This measure does not cut any budgets. It only means that government budgets should not increase more than the family budget. Neither does it mean that there can never be any increase in spending. It just means that if there is a need for taking more from families, the taxpayer gets a say in the matter.
 
As this story was being updated the house voted this down with only Representatives Bellew, Damschen, Dosch, Kasper, Kempenich, Nathe, Porter, Ruby, Thoreson, Wald, Weiler, and Wrangham having confidence in the Citizens of North Dakota to vote yes.  Representives Metcalf and Mueller voted no.
 
We attended a three hour hearing on limiting extraterritorial zoning, that is the area around cities that for the past thirty years the cities have been able to dictate to the citizens that happen to live in the ET Zone ranging from 1/2 mile to 4 miles out. We are very concerned about cities being able to put rules and regulations on citizens that have virtually no redress. At least two fundamental rights are trashed in this zone, the right to vote for or against those who are regulating and the right to petition for or against those who are regulating, in effect regulation without representation. While there was a lot of great testimony given we feel the best was given by Mandan resident Richard Hammond. He covered all the bases. His testimony is on our web site www.valleycitycci.com.
 
Fargo Mayor Dennis Walaker attended this hearing, although he didn't testify personally it was interesting to see his emotions. The mayor had written the committee a letter explaining why the cities needed the power to regulate outside of their jurisdiction citing a road placement screw up that a township had done that ended up costing Fargo 4 million dollars to fix. It sounded fairly reasonable until the Stanley township attorney took to the podium and line by line, point by point took apart Mayor Walaker's letter. The mayor's face could not have been any redder. As it turns out the city of Fargo had approved the placement of the road all those many years ago.
 
This extraterritorial zoning bill HB1554 passed 52 to 40 with Metcalf voting yes and Mueller voting no.
 
We also took in the industrial hemp hearing. Representative David Monson has been pursuing this for over 10 years and he is hopeful that some day soon North Dakota farmers will be able to grow industrial Hemp here in ND. This would be very helpful for agriculture in our state and at the same time make it almost impossible to grow marijuana, because the industrial hemp would cross pollinate with the marijuana and make it virtually worthless for drug use.HB1549 passed House 88 to 4 with both Metcalf and Mueller voting yes and passed the Senate 40 to 1 with Senator Robinson voting yes, clearing another hurdle toward growing hemp in ND.
 
There is a resolution that we are interesting in, HCR 3040. This resolution calls for the United States not to merge with Canada and Mexico A concurrent resolution urging Congress to withdraw the United States from the Security and Prosperity Partnership of North America and any other bilateral or multilateral activity which seeks to create a North American Union. HCR 3040 failed 67 to 27 with Metcalf and Mueller voting no. For more information on this please go to http://www.americanpolicy.org/pdf/2008NAUFS8.5x11%208%20page.pdf
 
While at the Capital we took in some legislative sessions. Those can be very interesting. On one occasion the house was debating to enact a law requiring abortion facilities to offer the women who come to them for an abortion an ultrasound 24 hours before an abortion would be performed. Representative Kathy Hawkins from Fargo complained that it was unfair to ask the mother to sign an additional piece of paper saying that the facility did offer an ultrasound. Representative Bette Grande, also from Fargo, informed Hawkins that the law right now requires a signature from the woman requesting an abortion to have an abortion performed and that they would just add an additional line to that form. Representative Hawkins then brought up a woman's right to privacy and why do we need to keep track of abortions anyway. Once again Representative Grande explained that the clients privacy is protected and that their names are not used and that only the statistics are reported and that is how we know "that 14,000 babies were killed last year in the state". With that said the vote was taken and the proposed law passed the house overwhelmingly with only Representative Hawkins and just a few others voting no. Metcalf and Mueller voted yes. Just an interesting side note, Representative Grande is married to Don Grande who grew up, in part, in Valley City.
 
There are a number of other bills that we are watching closely. If you haven't gone to Bismarck to take in a legislative session we strongly urge you to. Get involved. If you'd like to attend a hearing or session contact us and we'll find room for you to come along with some of us.


_____________________________________________________________

Pay cut proposed for City Commission

By CCI January 1, 2009


Recently there was a story in the news about Duluth MN, a cash-strapped city proposing that their city leaders share in the pain. The belt-tightening proposal would cut their city councilors (commissioners here) pay in half, admitting that the cost cutting proposal wouldn't save the city all that much but said "it's the kind of belt-tightening the city needs."


Should this be considered here in Valley City? As you know the voters of Valley City by a slim margin (50.7% to 49.3%) approved hiring of a City Administrator to do the majority of the work the Mayor and the Commissioners used to do. The work load for our city leaders has been cut down to mainly attended two meetings a month for about an hour each.


Currently the Mayor makes about $750.00 a month and the Commissioners take in about $500.00 a month not including perks. If this proposal is adopted, the Mayor would draw $375.00 a month and the Commissioners would pull down $250.00 a month. Not bad for a couple of hours a month.


This cost saving proposal would save the City only $16,500.00 a year but "it's the kind of belt-tightening the city needs."



CCI challenges election results
Thursday, 19 June 2008

By Steve Browne
Valley City Times-Record

The Committee for Community Involvement (CCI) announced Wednesday it is challenging the results of the June 10 election in which a CCI-sponsored initiative to abolish the position of Valley City Administrator was defeated.
In a letter to Valley City Attorney R. Jon Fitzner,  Mandan attorney John Gosbee representing CCI asserted that the language on the ballot contained editorial comments and inaccurate information.
The ballot initiative stated, “A yes vote will approve the initiated ordinance prohibiting the future employment of a new city administrator but will not affect the employment of the current city administrator.”
Gosbee said that a 1987 opinion by then-North Dakota Attorney-General  Nicholas Spaeth, involving an employment contract between the city of Fargo and a city administrator, established “a contract may not extend beyond the term of office of any member of the body in question.”
Current city administrator Jon Cameron was hired on a three-year contract, automatically renewable on a yearly basis. Three Valley City Commission terms will expire in two years.
In the letter, Gosbee also alleged vote counting irregularities. Citing state law requiring ballots to be counted in the precincts “except in unusual and compelling circumstances,” Gosbee said ballots were counted at the courthouse in many or all cases.

For full story, see Thursday's edition of the Valley City Times-Record.


Click here to read Mr. Gosbee's letter to Mr.Fitzner

Check back for updates


Commission meeting boils
Tuesday, 03 June 2008

By Steve Browne
Valley City Times-Record

    The Valley City Commission cut off discussion  of the legality of the employment contract of city administrator Jon Cameron at its regular Monday night meeting, citing the North Dakota Century Code prohibiting discussion of anything pertaining to an election in meetings of government bodies immediately before the election.
    Robert Drake attempted to bring up a North Dakota Attorney General's 1987 opinion about the city of Fargo's contract with a city administrator.
    According to the opinion of then-Attorney General Nicholas Spaeth,
“a governing body may not enter into a contract for the employment of a city administrator for a term extending beyond the term of office of any member of that governing body.”
     Two of the current city commissioners' terms expire in two years. Cameron's employment contract is for three years, with automatic renewals yearly.
    On the ballot of the Tuesday, June 10, election is an initiative to abolish the position of city administrator.


Looks like Bob Drake is right again. Read Attorney General's opinion click here


CCI Views... City administrator position -- is it needed?
Friday, 11 April 2008 Valley City Times-Record

By CCI
Committee for Community Involvement

    Do we need a city administrator?
    The city of Valley City in two polls, one by CCI and another by the Times-Record, responded no. The city commission ignored both polls and hired a city administrator anyway. Their response was: You elected us, now let us do our jobs.
    We have had a city administrator for two years. We have talked with three former city commissioners and they all agree: Valley City does not need a city administrator.
    The following information should make it evident why the city commission went against the wishes of Valley City and hired one.
    1. The city administrator's position is used as a buffer between elected officials and the citizens. The commissioners passed their authority onto an unelected official.
    Department heads also use the position as a buffer. For example, CCI e-mailed Valley City Police Chief Dean Ross concerning police matters. We did not receive a reply from Chief Ross, but instead from the city administrator, who has no police experience.
    2. Our mayor stated that since the city administrator quit, her job is more difficult. None of the previous mayors had a city administrator to do their work for them, even though the population previously was greater. If the mayor's job has become too difficult for the present mayor, there are other options besides hiring another person.
    3. When things go wrong, like buying a useless snow plow truck for three times what it is worth, city commissioners blamed the city administrator instead of being accountable themselves. What ever happened to former U.S. President Harry Truman's statement, "The Buck Stops Here"?
    After receiving complaints from other city residents, CCI started an advisory petition to eliminate the city administrator's position. We circulated the petition and brought it, containing more than 300 signatures, to the city commission and it was rejected.             
    CCI recently retained the services of an attorney who has years of experience in drafting legislation for the State of North Dakota to assist us in the drafting of a legal petition to abolish the job of city administrator.  The city auditor rejected the completed petition twice, stating "improper form and substance". Finally, through legal discussions with the city auditor, CCI has been given approval to circulate the petition. 
   At present, the job of city administrator is vacant, so now is the time to abolish the position.
    What CCI is asking for is what should have been done in the first place, which is to let the citizens of Valley City decide if they want a city administrator.
    CCI is optimistic in accomplishing the will of the people as indicated by the two polls concerning the unnecessary position of city administrator. We would appreciate your support in our petition drive.
    
The CCI Views column will run on the T-R opinion page on occasional Fridays.


 

Charges filed against V.C.s former city administrator

By Steve Browne
Valley City Times-Record


State’s Attorney Brad Cruff filed charges under the state’s Corrupt Practices Act last week against Valley City’s former city administrator David Johnson, based on a complaint by Robert Drake, one of the founders of Citizens for Community Involvement and former candidate for the city commission.

Click here

City administrator faces charges over KKK site
Brittany Lawonn, The Forum
February 20, 2008

A former Valley City, N.D., city administrator is facing a criminal charge in connection with his creation of a fake Web site that depicted three failed municipal candidates in a negative light.

David Johnson was suspended for 10 days without pay last year for his role in the site, which linked one candidate to the Ku Klux Klan, called another a slum lord and simulated another to appear like Adolf Hitler.

Click here


 
Johnson to quit city post

By Jay Stephenson
Valley City Times-Record
Wednesday, 09 January 2008

   
The city administrator for Valley City has accepted a position as county administrator for Wabasha County in Minnesota.The Wabasha County Board unanimously approved the hire of David B. Johnson Dec. 18, 2007, and he is to start Feb. 4.
Wabasha County Board’s current interim county administrator Bambridge Peterson confirmed Wednesday morning that Johnson has accepted the position. 
    
Peterson said Johnson signed a contract and will be paid an annual salary close to $78,000.  Johnson has been Valley City’s city administrator for a little more than two years.
   
In a Wednesday morning phone conversation with the Times-Record, Johnson denied officially accepting the position.


Meeting transcript disclosed

When Valley City (N.D.) commissioners met in closed session Jan. 22 to discuss their city administrator’s role in a fake
Ku Klux Klan Web site, they didn’t talk about whether it was right or wrong for him to have created it.
Instead, they talked about how to punish Dave Johnson without causing them or the city too much hardship. Click here to read rest of story


Click here to read Redacted transcript of Executive Session Valley City Commission Meeting January 22, 2007 (The meeting should have been open to the public, said attorney Jack McDonald, a representative for the North Dakota Newspaper Association and the North Dakota Broadcasters Association)

Stand Up And Be Heard!