Friday, February 10, 2012
News DeKalb CEO unsure of legality of referendum advice
Posted by Scott Henry @ScottTheHenry on Fri, Feb 10, 2012 at 2:17 PM
It's a re-election year. I assume that's why there were oodles of glossy pamphlets, as well as poster-sized photos of Ellis placed strategically around the chapel of Dunwoody Baptist Church. Not that there were many votes to be had in attendance. I'd guess there were at least as many county employees and cops there as actual residents. (BTW, did you know that Burke Brennan, Ellis' spokesman, moonlights as the World's Greatest Wedding DJ?)
Anyway, the meeting itself was a snooze, offering none of the fireworks I'd hoped for. After all, this was the community that had engaged in a fairly acrimonious incorporation battle with Ellis only three years ago. Perhaps becoming a city satisfied people's concerns because, apart from some questions about the county animal shelter, trash pick-up, and the perennial issue — Brook Run Park — I didn't hear any significant complaints last night.
In fact, the most interesting thing to me was Ellis' uncertainty over whether he's allowed to instruct voters to support the proposed Regional Transportation Tax. After spending a few minutes telling the audience why a one-cent regional sales tax to fund transit and road projects would be beneficial — creating thousands of jobs, delivering $1.3 billion in transportation funding to DeKalb — Ellis caught himself mid-sentence.
"I can't tell you how to vote in this forum," he said. Then he turned to someone in the wings — presumably a county attorney — and asked, "Can I?"
Apparently, that person shook his or her head because Ellis turned back to the audience and said, "No, I can't," before rattling off more reasons why the transportation tax is vital to the county's future.
Now, as I often say, I'm no lawyer, BUT … I'm guessing Ellis was being overly cautious.The long-standing prohibition against a municipality spending taxpayer money to campaign for or against a public referendum certainly doesn't muzzle a public official from stating his opinion on the matter. If that were the case, then Mayor Kasim Reed would be in hot water for his very public advocacy for the measure.
Then again, I can't recall whether I've heard Reed give his pro-tax spiel at a city-sponsored gathering. Perhaps therein lies the difference. Are there any First Amendment attorneys out there who can shed some light on the subtleties of the law?
Comments (1)
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How much money is this road show and pamphlets costing me?
Geez now I'm sounding like a Marietta Daily Journal reader. But seriously they didn't down size enough after Dunwoody and the Chamblee Annexation and they need to start planning for the annexations and incorporations that will be coming. Why is DeKalb still pursuing building a new county police precinct next to PDK airport on or near Bragg St. Where it will be in the future Chamblee and across from the future Brookhaven.
BTW the Dunwoody legislation was approved before he elected CEO. Funny story, he won the majority of the Dunwoody vote over another candidate who in a bid to secure the Dunwoody vote did Dunwoody a major favor and punted on a final measure that would have stopped the Dunwoody legislation from passing (for at least that session which due to the 2 year window would have sent it back to the start).
PS Most county heads want the TIA because A. Right off the Bat it drops 15% into projects at their discretion and B. Their major contributors (land use lawyers, chambers, developers and real estate investors) want it.
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