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Full Text of Measure H

Here is the complete text of Measure H, an NHUSD parcel tax, as submitted to the Alameda County Registrar of Voters.

From the New Haven Unified School District

FULL TEXT OF MEASURE H

New Haven Unified School District Revenue Measure

WHEREAS, the Board of Education of the New Haven Unified School District (the “Board of Education”) believes that a qualified special tax is necessary to support high academic achievement for all students of the New Haven Unified School District (the “District”); and

WHEREAS, Section 4 of Article XIIIA of the California Constitution and Sections 50075, 50076, 50077, 50079 and 53722 et seq. of the California Government Code, authorize a school district, upon approval of two-thirds of the electorate voting on the measure, to levy a qualified special tax for specified purposes following notice and a public hearing; and

WHEREAS, repeated reductions in funding in recent years from the State of California ("State")  for schools have forced the District to reduce its budget from a high of more than $112 million in 2007-08 to less than $98 million in 2011-12; and

WHEREAS, State and Federal funding have been inadequate and uncertain to meet the ongoing objectives of maintaining high academic achievement for all students of the District and the Board has no assurance that future State or Federal funding will permit the District to meet these objectives; and

WHEREAS, in response to these reductions and uncertainties, the Board of Education has in recent years been forced to take drastic measures, such as increasing class sizes and reducing the length of the instructional year; and

WHEREAS, the Board of Education has determined in its best judgment that in order to support high academic achievement for all students in the District, an election is advisable and necessary to request voters to authorize a qualified special tax in the amount of $180 per year per taxable parcel, to be collected beginning July 1, 2012; and

WHEREAS, the Board of Education has conducted a public hearing after due notice regarding the proposed authorization of the special tax, as required by law, and

Based upon these findings, provides as follows:

Article 1: TERMS OF THE MEASURE

(a) Terms and Purposes: Upon approval of two thirds of those voting on this measure, the District shall be authorized to and shall levy a qualified special tax of $180 per year per parcel of taxable real property in the District, commencing July 1, 2012, and expiring June 30, 2016.

The qualified special tax shall be known and referred to as "Measure [  ]" (hereinafter “Measure).  Proceeds of the Measure shall be authorized to support high-quality local elementary, middle and high school education, to prepare students for college and careers with outstanding core academic programs in reading, writing, math and science, with highly qualified teachers and classified staff. No proceeds will be used for administrators’ salaries, and all funds will stay in local schools.

(b) Senior Citizen – Disability Exemption Available: An optional exemption from the special tax is available annually to each individual in the District who attains 65 years of age prior to July 1 of the tax year, or for each individual receiving Supplemental Security Income for a disability 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 District on or before July 1 of each tax year.  Any application for the exemption must be submitted to the District and must be renewed annually.

Article 2: ACCOUNTABILITY PROVISIONS

(a) Citizens' Oversight Committee: An independent citizens' oversight committee shall be appointed by the Board of Education to ensure that the proceeds from this measure are expended for the purposes described in the measure.

(b) Accountability Requirements: The members of the Board of Education, the District Superintendent, and officers of the District are hereby requested and directed, individually and collectively, to provide accountability measures pursuant to Government Code section 50075.1 that include, but are not limited to, all of the following: (i) a statement indicating the specific purposes of the qualified special tax, (ii) a requirement that the proceeds be applied only to the specific purposes identified pursuant to subsection (i), (iii) the creation of a separate special account into which the proceeds from the special taxes shall be deposited, and (iv) an annual report pursuant to Section 50075.3 of the Government Code.

(c) Annual Report: Pursuant to Section 50075.3 of the Government Code, the Board of Education directs that the Chief Business Officer of the District file a report with the Board no later than June 30, 2013, and at least once a year thereafter for the duration of the special tax.  The annual report shall contain both of the following: (i) the amount of funds collected and expended from the special taxes, and (ii) the status of any projects or programs required or authorized to be funded from the proceeds of the special taxes.

(d) Specific Purposes: All of the purposes set forth in the measure shall constitute the specific purposes of Measure [  ], and the proceeds of that special tax shall be applied only for such purposes.

Article 3: PROTECTION OF FUNDING

If the adoption of this Measure results in any decrease in State or Federal funding to the District, then the amount of the special taxes authorized by this Measure will be reduced annually as necessary in order to restore any such reduction in State or Federal funding.

Article 4: LEVY AND COLLECTION

(a) Collection: The special tax shall be collected by the Alameda County Treasurer - Tax Collector (the "Tax Collector") at the same time and in the same manner and shall be subject to the same penalties as ad valorem property taxes collected by the Tax Collector.  The collection of taxes under the Measure shall not decrease the funds available from other sources of the District in any period from the effective date hereof.

(b) Definition: "Parcel of taxable real property" as used herein shall be defined as any unit of real property in the boundaries of the New Haven Unified School District that receives a separate tax bill for ad valorem property taxes from the Tax Collector's Office.

(c) Exemption: All property that the Tax Collector has determined to be otherwise exempt from or on which are levied no ad valorem property taxes in any year shall also be exempt from the Measure in such year.  The Tax Collector's determination of exemption or relief for any reason of any parcel from taxation, other than the Senior Citizen – Disability Exemption, shall be final on the taxpayer for purposes of the Measure.  Taxpayers desiring to challenge the Tax Collector's determination should do so under the procedures established by the Tax Collector's Office and Section 4876.5 of the California Revenue and Taxation Code or other applicable law.  Taxpayers seeking any refund of taxes paid pursuant to the Measure shall follow the procedures applicable to tax refunds pursuant to the California Revenue and Taxation Code.

(d) List of Senior Citizen – Disability Exemption: Parcels owned and occupied by individuals who are 65 years of age or older, or owned and occupied by individuals receiving Supplemental Security Income for a disability, may be exempt pursuant to the Senior Citizen – Disability Exemption provisions set forth above.  The District shall annually provide a list to the Tax Collector, on or before a date established by the Tax Collector of each year, of the parcels which the District has approved for the Senior Citizen – Disability Exemption as described above.

(e) Duration: The collection of taxes pursuant to this Measure shall be for (4) four years, commencing July 1, 2012 and expiring June 30, 2016.

Article 5: SEVERABILITY

The Board hereby declares, and the voters by approving this Measure concur, that every section, paragraph, sentence and clause of this measure has independent value, and the Board 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 be found by a court of competent jurisdiction to be invalid for any reason, all remaining parts hereof shall remain in full force and effect to the fullest extent allowed by law.

TTFN March 27, 2012 at 08:12 PM
Please note that nowhere in the measure is there any money going to earmarked for extra-curricular (or co-curricular) activities.. So all of you parents & students who are being hoodwinked that it will save you after school activities (e.g., band, colorguard, forensics, drams, etc.) will be very disappointed that all you did was to fatten the wallets of the teachers. BTW, while it states that not money will be used for administrator; it is easy to take money from the teachers’ budget and give it to the administrators, then make up the money to the teachers with Preparation H money. And, the Citizens’ Oversight Committee is appointed by the Board of Education. This does not give any checks and balances since the Board of Ed will just appoint rubber stamps to the committee. Vote No on Preparation H !!
teresa March 27, 2012 at 08:40 PM
No more taxes / period
Zade April 14, 2012 at 12:35 AM
Can someone tell me if this $180.00/ year or $360.00/year?
JOHN April 16, 2012 at 10:55 PM
Taxes that most of us can not control are: Income, Sales, Energy, Hotel, Entertainment, Restraunt, Excise, Travel, just to name a few. On the COST side of taxes are: Food, Energy, Rent, Clothes, Gasoline, Auto Maint., Auto Insurance, Home Maint., Home Insurance, Health Insurance, Misc. Fees and other daily necessities. The one thing you and I can say is NO! to, more new TAXES! To those who support Measure H, can write a check in any amount and as frequently as they like to the NHUSD and I'am certain that that gesture would be greatly appreciated by all supporters of Measure H. This business of Taxing and Spending is more about the zip code social status and less about education in my opinion. If a student is academically ambitious, he or she can find most answers to higher education that they want from the WWW and that is practically free. At any rate, lifes successes are 1/4th education, 1/4th imagination and 1/2 ambition.
TTFN April 17, 2012 at 12:28 AM
I’m not against taxes and I’m not against our school system. I am against pure waste. Prop H is pure waste. Our teachers are already well paid (top 7% in the Bay Area). And since Prop H monies are slated only for the teachers and not the students; the only rational answer is NO! Prop H will not save the after school activities like band, colorguard, forensics, etc. The teachers are actively misleading the student with the belief that it will save their after school activities – shame on the teachers for that. It’s also very true that most of the teachers who are pushing Prop H live outside the district, so they won’t have to pay the tax.
Zade April 17, 2012 at 07:09 PM
I would like to get the names of all the local politicians who is supporting Prop H. I want them to be thrown out of office ASAP. I hate blackmail. I do not want to pay-up. Vote NO on Prop H.
Davis April 17, 2012 at 08:17 PM
Zade, Mayorial candidate Sir Richard Valle, Assembly candidate Mark Green, Council member Loren Ellis (whose campaign consisted of no more tax rhetoric). The entire school board and a host of others, Rember who they are for their next election.
Zoneil Maharaj April 17, 2012 at 08:26 PM
I couldn't attend last week's Council meeting, but I believe the mayor and entire City Council passed a resolution endorsing Measure H. It was on last week's agenda: http://www.unioncity.org/agendas/CityCouncil/CC%20RSA%2012/ccpacket04102012.pdf The endorsed last year's Measure B as well.
Zade April 17, 2012 at 09:31 PM
I strongly suspect these folks believe that Union City home owners are their personal ATM machine.
Tim April 17, 2012 at 10:53 PM
It doesn't matter anymore. There's too many takers and not enough producers. The takers will always vote for these liberal Democrat politicians because they believe in confiscating from the haves and redistribution for "the greater good". These politicians feel that they best know how to spend YOUR money plan and simple. President Obama himself is on record saying "we cannot afford tax cuts for the wealthy". Two thoughts.... 1) He considers small businesses that gross 250K a year as "wealthy". 2) This statement implies that government owns all of the money that we work hard for everyday and not us, the ones who actually work for it. This seems to me we are just slaves for government. If this man get four more years, it's the end of America as we've known it.... we will be there with most of Europe.
Davis April 17, 2012 at 11:19 PM
The City Swat team is preparing for another Raid on your pocketbook! A warning in Richie's Tri-Ced rag warned of garbage, recycling containers being off the street and "out of sight", The City website reiterates that with a "threat" that it is a "City Ordinance" to have your containers off the street within 24 hours of pick-up. Heed this warning, the revenue stream will be heathy with those of you that have their cans in view! The game of City Government versus City Citizens continues.
TTFN April 18, 2012 at 07:53 PM
How about an ordinance to make those filthy garbage bastards clean up after themselves. I often see than empty can strewn about because they didn’t care enough to put them back upright. They also don’t clean up the garbage they strew all over the place.
JOHN April 22, 2012 at 04:17 AM
TO ALL THAT WANT TO "END MORE NEW TAXES" FORM UNION CITY RESIDENTS, BY U. C. AGENCIES, I PROPOSE WE START A LOCAL PARTY TO ELIMINATE ANY MORE NEW TAXES. IF YOU ARE COMMITED, LEAVE ME A MSG. @ 510 371-3455. MOST AGENCIES OR COUNCILPERSONS DO NOT REPRESENT US, THEY REPRESENT SPECIAL INTEREST. IT IS TIME WE BECOME A POLITICAL FORCE TO BE RECONIZED. JOHN
Student949 April 22, 2012 at 04:22 PM
^ LET THE REVOLUTION BEGIN
Jane April 23, 2012 at 04:15 PM
Davis - I was at the meeting two weeks ago and wanted to let you know that the vote was a 4-0 vote. Councilmember Ellis was not at the meeting and thus did not cast a vote.
AT May 07, 2012 at 02:59 PM
$180 per year
AT May 07, 2012 at 03:14 PM
I assume that you realize that the people who support measure H are unlikely to be able to afford to write checks which would be the equivalent of a $180 per year tax on all the property owners. Educating the children in a community is a social good that everyone benefits from. The point I really wanted to addres was the idea that you can find most answers on the web. That is true to a certain point however you might realize that not everyone actually has a computer at home. As for the 1/4 of success being education, the statistics on the salaries of college graduates versus non college graduates do not in fact bear that out. It is possible that the most vocal opponents of Measure H do have children in K-8 but still feel high salaries are undeserved and simply do not trust the school district to use the money correctly. However the answer to that is probably to elect the correct school board not to deprive the school district of funds. If they do not have children in K-8 well perhaps they do not realize the difference education makes in the community.
AT May 07, 2012 at 03:17 PM
Actually the text of the measure does not say it is slated for techers salaries. Even if it did. The Science and Music etc teachers are teachers so there is actually no information on whether it will save activities or not.
YouDecide May 07, 2012 at 05:48 PM
Wow! look at some of these salaries! You can click "Edit" and "Find" to find the salary of your fav person. http://tinyurl.com/7hq96t8
LG June 06, 2012 at 05:50 AM
Those salaries do look nice! That is before taxes and not including health benefits that cost about 10,000 a year. Then don't forget to subtract dental that's about 2,000 a year. Oh, yeah that is only if you claim 1 on your insurance. If you want to add your family it will be quite a bit more. I should ask what people are making now a days for one year over a Bachelor's degree schooling. Maybe $60,000 start salary is too much for helping mold the minds of tomorrow. The school district in Union City has always been an award winning district. Maybe we should let it go to ....! Then our housing will be more affordable in this area. And all the people complaining about paying $180 a year can lose thousands when they want to sell their houses and move to an area that actually gives a damn about their communities children. SMH
Tim June 06, 2012 at 05:59 AM
Cry me a river. The taxpayers don't pay for my health insurance and dental insurance. I pay it out of my pocket. I hope Measure H fails... it's going to be close, but if it goes down more of your colleagues will be laid off because your union is too damn selfish to give any concessions. If you'd even agree to a pay freeze with no step and column raises for the duration of the measure, I would have voted Yes. The time of public sector union control is coming to an end as we saw in the blue state of Wisconsin tonight with voters supporting Scott Walker by HUGE margins after stripping their unions of their collective bargaining rights. The people aren't buying your sob story.
Tim June 06, 2012 at 06:03 AM
And the $180 a year isn't doing ANYTHING to better the schools. I certainly didn't move here for the schools and when I have children school age I will be packing my bags. If I thought the money actually would better the schools then yes, I agree it would help my property value, but I don't buy the premise of your argument. Besides, our property values are already at all time lows. How much worse can it get?

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