Alameda County Civil Grand Jury Association Local Ballot Measure Ratings
March 5, 2024 Election
The nine Alameda County local ballot measures scheduled for the March 5, 2024 election, were evaluated in December 2023 and January 2024 by the Alameda County Chapter of the California Civil Grand Jury Association, (ACCGJA). The measures were evaluated for accuracy and fairness pursuant to the criteria established by the association for each type of ballot measure, e.g. Bond Measure, Tax Measure and Other (non-tax measure). The collective scores represent the average score arrived at by the evaluators who are Civil Grand Jury Association members (up to 15 allowed). The scoring system is comparable to the popular “Yelp” type scoring system (a score of one is worst; five is best). Like a Yelp evaluation, the ratings reflect the evaluators’ educated opinions, based on the established criteria as to what should be included in each type of ballot measure.
We emphasize that the ACCGJA IS NOT evaluating the merits of the measures. We are only concerned with the accuracy and impartiality of the 75-word ballot question put to the voters. State law requires ballot labels to be “a true and impartial synopsis of the purpose of the proposed measure, and shall be in language that is neither argumentative nor likely to create prejudice for or against the measure”. Unfortunately, many jurisdictions violate the law by exaggerating the benefits and glossing over the costs, as well as adding extraneous verbiage designed to favor passage of the measure. No one other than the agency promoting the measure is required to approve the agency’s language. To counteract this, there is a need for active and consistent monitoring and evaluation of local government’s ballot language. This current ACCGJA effort implements the findings of 2021 Alameda County Civil Grand Jury report, The Need for Accuracy and Impartiality of Ballot Measure Questions.
Alameda County Measure A
Charter Amendment – Notification Period of Civil Service Examinations
Shall Section 36(b) of the Charter of the County of Alameda be amended to change the notification period of each civil service examination from not less than 25 days to not less than 14 calendar days?
Vote Required: 50% +1
SCORE: 3.8
Comments: The score was lowered from the maximum of five because of lack of clarity provided as to the intent or need for the change. Otherwise the language was found to be straightforward and did not provide superfluous language designed to prejudice the voter one way or the other.
Alameda County Measure B
Charter Amendment – Adopting State Law Recall Procedures for Use in Alameda County.
Shall Section 62 of the County of Alameda Charter governing the recall of elective and appointive County officers be amended by replacing the current language, in its entirety, with “California state law applicable to the recall of county officers shall govern the recall of County of Alameda elected officers?”
Vote Required: 50% +1
SCORE: 3.5
Comments: The score was lowered from the maximum of five because, similar to Measure A, the County Charter amendment did not provide sufficient clarity as to why the change was needed or any fiscal/election process/ or other impacts. The language also omitted the important information that the change would remove the existing opportunity of voters to recall non-elected County officials.
City of Oakland, Measure D
Shall the measure increasing the appropriations limit under Article XIIIB of the California Constitution (which limits city expenditures of tax proceeds) to allow the City of Oakland to continue to expend revenues from taxes Oakland voters previously approved for emergency medical services, paramedic services, library services, public safety and violence prevention services, homeless services, children’s services, parks and recreation, the Oakland Zoo and other lawful governmental purposes, without increasing or imposing new taxes, be adopted?
Type: Special, Gann Limit Exception, Vote required 50%+1
SCORE: 2.3
Comments: The score was lowered from the maximum of five because of the lack of clarity as to what it was about, the amount of taxes that will be increased by this measure, and because of the excess of superfluous words designed to prejudice voters into fearing consequences that were speculative at best such as losing public safety and paramedic services.
Alameda Unified School District, Measure E
To support all Alameda students and maintain quality schools without increasing tax rates by attracting and retaining excellent teachers; sustaining strong academic programs in reading, writing, math, science and arts; supporting struggling students; and preparing students for college/careers; shall an Alameda Unified School District measure levying $0.585/building area square foot capped at $15,998/parcel, and $598/unimproved parcel, be adopted, raising $24,000,000 annually for 9 years with senior exemptions, audits, citizens’ oversight, and all funds staying local?
Type: Special Parcel Tax, Vote required: 2/3
SCORE: 2.6
Comments: The score was lowered from the maximum of five for failing to say whether there was an existing similar tax that this was being added onto, and particularly for an abundance of extraneous language designed to influence the voters to support the measure. An example of misleading language is: “all funds staying local” (would anyone expect that Alameda would build or maintain schools in another city?). Another example is “without increasing tax rates”. While the “tax rate” isn’t rising, per se, The new tax is an add-on, on top of the tax rate.
City of Piedmont, Measure F
To increase funding for essential police, fire, and paramedic services, maintain parks, greenspaces, and public areas, and preserve recreation, public parks, recreation and public works, and community services, shall Ordinance 771 N.S. be adopted to renew the City of Piedmont’s expiring four-year parcel tax with a twelve-year parcel tax with annual rates between $743 and $1,254 per single family residential parcel, $1,254 or $1,882 per commercial parcel, or $515 per multi-family dwelling unit, subject to CPI adjustment, raising approximately $3,272,000 annually?
Type: Parcel Tax, Vote required: 2/3
SCORE: 4.2
Comments: This measure was only minimally scored down from the maximum of five for failing to explain the amount of the increase in taxes relative to the existing similar tax that was being renewed. Otherwise, the language was relatively straightforward and factual.
Albany Unified School District, Measure G
To maintain excellent schools by attracting and retaining exceptional teachers and counselors, protecting science, math, arts, reading, and language instruction, supporting music, art and theater programs, and maintaining small class sizes, shall Albany Unified School District’s measure renewing parcel tax authority at $0.55/building square foot and $25/unimproved parcel, be adopted raising $4,800,000 annually that cannot be taken by the state, until ended by voters, with senior exemptions, annual adjustments, audits, and all funds staying local?
Type: Special Parcel Tax, Vote required: 2/3
SCORE: 3.1
Comments: The score was lowered from the maximum of five for failing to reasonably explain where the money was going, for failing to honestly explain the duration of the tax (“until ended by the voters” means the tax’s duration is indefinite or permanent). Since this measure is described as a renewal, presumably the expiring tax had a definite duration, which needs to be explained, and for an excess of extraneous language such as “cannot be taken by the state” (that almost never happens; the state gives money to the school districts, not vice versa), and “all funds staying local” (Would anyone expect that Albany would build or maintain schools in another city?)
Berkeley Unified School District, Measure H
To continue high quality public education, provide support for struggling students, attract and retain quality teachers, keep school libraries open, support music/arts programs, and other designated purposes, shall Berkeley Unified School District renew its expiring special tax at $0.54/building square foot or $25/ unimproved parcel, with annual adjustments, low-income exemptions, independent citizen/auditor oversight, generating approximately $44,000,000 annually in local funds for Berkeley public schools for 8 years that cannot be taken by the State?
Type: Special Parcel Tax, Vote required: 2/3
SCORE: 3.2
Comments: The score was lowered from the maximum of five for failing to reasonably explain where the money was going, and for the extraneous language: “cannot be taken by the state” (that almost never happens; the state gives money to the school districts, not vice versa). It benefited from providing the 8-year term of the tax.
Hayward Unified School District, Measure I
Hayward School Improvement Measure. To upgrade aging local classrooms, labs, career training facilities, learning technology, art/music classrooms, fields; improve earthquake/ fire safety/ emergency communications/school security; improve accessibility for students with disabilities; update plumbing/electrical/heating/cooling systems, shall Hayward Unified School District’s measure be adopted authorizing $550,000,000 in bonds at legal rates, levy approximately $60 per $100,000 of assessed value, raising approximately $35,200,000 annually while bonds are outstanding, with independent oversight/ all funds staying local?
Type: School Bonds, Vote required: 55%
SCORE: 2.5
Comments: The score was lowered from the maximum of five because of failing to indicate what existing bonds these new bonds were being added to, for not indicating any idea of the term of the bonds, whether the bonds were to be CAB bonds or regular, and for extraneous language designed to persuade the voters to support the measure, such as “all funds staying local”(would anyone expect that Hayward would build or maintain schools in another city?).
San Leandro Unified School District, Measure J
With no increase in current estimated tax rates, shall San Leandro Unified School District’s measure to renovate/construct classrooms; repair roofs, plumbing, and electrical systems; remove hazardous materials; and construct below-market rental housing to attract/retain teachers/ staff be adopted authorizing $174 million of bonds with levies averaging $37.28 per $100,000 of assessed valuation (raising $12 million annually) while bonds are outstanding, legal interest rates, citizen oversight/independent audits, and funds that cannot be taken by the state.
Type: School Bonds, Vote required: 55%
SCORE: 2.2
Comments: The score was lowered from the maximum of five because of failing to indicate what existing bonds these new bonds were being added to, for not indicating any idea of the term of the bonds, whether the bonds were to be CAB bonds or regular, and for extraneous language designed to persuade the voters to support the measure, such as “funds that cannot be taken by the state.”(That almost never happens; the state gives money to the school districts, not vice versa). The worst example of misleading language is: “.With no increase in current estimated tax rates.” This would imply that there would be no tax costs to voters. However, the bonds with interest will have to be repaid by higher taxes. The “tax rate” may not go up, but the additional cost to repay the bonds is still to be repaid by taxpayers.
Next Steps:
We are hoping every agency will get a 5 on our scale and the nice thing is ..it is really easy to do…just put in the simple information listed in the section “Alameda County Ballot Title Ratings Criteria” on our website under Information Needed
Our goal is to have a minimum amount of information within the 75 word ballot measure label that the average voter would like to see and more importantly need in order to make an informed decision on that measure .
This should be a minimum expectation for any agency interested in good governance and prioritizing an informed electorate. This information should not be a moving target and is especially simple on a tax or bond measure ….it’s always the same information needed for any tax or bond measure regardless of which agency is putting that measure on the ballot.
BALLOT WATCH DOG 