SALES TAX FOR CHILDREN’S MENTAL HEALTH SERVICES WILL NOT TAKE EFFECT
Voters in Platte County overwhelmingly approved a quarter cent sales tax for children’s mental health services. But it won’t matter, the tax will not take effect based on action by the Platte County Commission on Monday.
Citing a legal opinion that gives it the right to decline to institute the tax, the commissioners on Monday did just that, unanimously passing an order that prevents the tax from taking effect.
The order states that the commission finds “that it is not in the best interests of the county to levy the tax which was authorized by voters on Nov. 5 and concludes the tax should not be levied.”
Commissioners and their legal counsel say the ballot question that was approved by voters –with 56.44 percent in favor to 43.54 percent opposed, 32,0006 yes votes to 24,685 opposed–only “authorized” the county to implement the tax but does not require it to, effectively leaving that decision up to the county commissioners.
Money collected from the tax would be managed by a nine-person board appointed by county commissioners. Non-profits and schools would be allowed to apply for grants from the pool of tax money collected, estimated to be $5 to $6 million per year.
Similar children’s services taxes and programs are in effect in several counties in Missouri, including Clay County and Jackson County in the Kansas City metro.
The ballot question approved by voters was worded this way:
“Shall Platte County, solely for the purpose of establishing a community children’s services fund for the purpose of providing services to protect the well-being and safety of children and youth 19 years of age or less and to strengthen families, be authorized to levy a sales tax of one quarter of one cent in Platte County?”
The commission’s action came after more than an hour of input from county residents at a Monday morning meeting of the commission.
Joe Vanover, second district county commissioner, said: “We need lower taxes and more freedom, not higher taxes and more government interference.” He added that it would be unfair to collect the tax from what he called “cash-strapped families” every time they go shopping.
“We should not turn over to a government committee of unelected know-it-alls the decision on how to spend a never-ending stream of millions of dollars,” Vanover added.
At one point, Vanover said that everybody knows that health insurance covers mental health care, but many folks in the full meeting room immediately loudly erupted to say that their insurance does not cover mental health needs and services.
Scott Fricker, presiding commissioner (see letter to editor on page 2), said:
“Yes, the majority of the Platte County residents who voted in the most recent election supported this new tax, but this tax affects everyone in Platte County, not just voters. And those that voted in favor represent less than 30% of Platte County’s total population. I’m speaking here today for the other 70%.
“In my opinion, the 30% that hopes to impose this new tax on everyone else does not represent the majority of Platte County residents, who I believe do NOT want new taxes like this one. They support taxes that benefit the general population, like the law enforcement, roads, and parks taxes that we have in place today, but they don’t want new taxes that serve special interests, as this proposed new tax would do.”
The tax as approved by voters would not have a sunset, and the “forever” aspect of the tax met with criticism by Fricker.
“If enacted, this tax would be in effect forever and voters will never have the opportunity to get rid of it. I hear a lot of talk about overturning the will of the voters, but this proposed tax would be even worse – it would ignore the will of voters for generations to come. How do we know that voters five, 20, or 50 years from now would also vote for this tax? We don’t,” Fricker said.
Dagmar Wood, whose term as county commissioner ends later this month and who was defeated in a run for county assessor earlier this year, called it a “regressive tax” that would hurt families and lower household incomes. She said she worries about the possibility of corruption and political activism from the non-profits who would benefit from the tax. She discussed a lack of oversight for similar boards in other counties, telling the story of an instance of alleged fraud in Lafayette County.
“Because of these considerable concerns I cannot think of a better way to end my term as commissioner than by protecting struggling children, families and taxpayers by voting to not enact this new tax,” Wood said.
Many residents as well as some mental health group stakeholders spoke in opposition to the commission’s idea of not enacting the tax.
“The commissioners have decided our vote doesn’t matter, and this should bother everyone, regardless of how they voted,” said Lorene Osterhaus. “You’re saying the people had no reason to go to the polls and actually vote,” she said to commissioners.
Resident Brandon Woody tied in the mental health tax to the county commission’s often stated support for a jail tax due to what commissioners consider overcrowding of the county jail.
“Thinking long term, implementing this tax that the public clearly supports might address the jail overcrowding issue that you are so concerned about,” Woody told commissioners.
Marcia Hankins, Platte County resident, said the commission’s action would “undermine democracy” and said though some may have the opinion that the children’s tax is “faulty legislation,” the “citizens of Platte County did not think so” as evidenced by the resounding voter approval for the ballot question.
State Rep. Ashley Aune, who represents district 14 in Platte County, called it “an absurd overriding of the voters here in Platte County.” She told commissioners “you were elected to represent your constituents and they have told you loud and clear what they want. You’re not helpless, you appoint the board (that would oversee distribution of the tax money). You have control, use it.”
Some speakers were in favor of the commission’s preference to kill the tax, describing the ballot measure as “too vague” and stating opposition to it being “a forever tax.”
Officials from Synergy Services and similar organizations have said other counties with similar funds have seen improvements in reducing child abuse, juvenile crime, teen pregnancy, teen suicide and youth homelessness.
LEGAL CHALLENGE?
There remains the possibility that the commission’s decision to not enact the tax will be met with a legal challenge.
The Kansas City Star reported on Monday that several legal experts are unsure of the county commission’s interpretation of the law. The Star quoted James Layton, former Missouri Solicitor General, as saying that the statute was not written for a commission to refuse to implement the tax after voters approval. “The statute says that if you have the tax then the governing body shall appoint a board of directors. So the language appears to be mandatory once the ballot measure passes,” the Star quoted Layton as saying.
Michael Wolff, a retired Missouri Supreme Court Judge from St. Louis County, also questioned the county’s opinion, according to the Star. “I think the statute authorizes them to say no once, but I don’t think it authorizes them to say no against the will of the voters,” Wofff said in the Star. Wolff said the commission exercised its right to refuse to put the tax on the ballot but the petition and voter approval should allow it to be implemented. “I don’t think the legislature would authorize the citizens to go through this whole ordeal of gathering signatures, passing their proposition on the ballot for the commission then to say ‘no,’” said Wolff in the Star.
THE BACKGROUND
County commissioners have opposed the idea of a children’s services tax from the time it was first discussed in a county commission meeting last spring. In April, they refused to put the question on the ballot themselves and stated opposition to the concept, advising supporters to find the signatures necessary to put a question on the ballot. Supporters did so, with a coalition formed that worked to collect the necessary signatures through a petition process.
The campaign acquired about 8,000 signatures, around 3,500 more than was required to force a vote. But still commissioners declined to put the matter on the ballot. In August, a ruling by a Platte County judge ordered the Platte County Board of Elections to put the question on the November ballot.
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