Petition for repeal of Measure DD on ballot is disqualified

Former mayor Scott Mann (left) and resident John Smelser co-authored the petition to repeal Measure DD. File photos

A petition to create a ballot measure for the repeal of the Measure DD sales tax has been rejected by the City of Menifee for failure to comply with Election Code regulations.

A letter sent Friday by city clerk Sarah Manwaring, the City's Elections Official, to the co-authors of the petition stated that the forms submitted to the City on April 16 were disqualified for failure to comply with the requirements of Elections Code Sections 9201 and 9203. Those sections of the code state that the title and text of the measure must be placed at the top of each page upon which signatures are obtained.

That most likely means there will be no proposal to repeal Measure DD on the November ballot.

"Given the required timelines, it is unlikely that a new effort will be ready for the November 2018 ballot," city manager Armando Villa told Menifee 24/7. "Any new repeal effort would need to be initiated from scratch to be eligible for a future election cycle, of which the nearest is March 2019."

Measure DD, which received approval of 67 percent of voters in 2016, was proposed as a way to raise additional funds to add police and fire personnel and improve roads in the city by increasing the sales tax 1 percent. It was placed on the ballot at a time when the City of Menifee had gone four years without its share of vehicle license fees from the state, due to action taken by Governor Jerry Brown.

The petition, co-authored by former mayor Scott Mann and resident John Smelser, argued that Measure DD was no longer necessary because an estimated $7 million per year in VLF fees were restored to Menifee by the governor last year.

City officials disagree, citing the uncertain future of VLF fee revenues for California cities and the rising costs associated with Riverside County’s fastest growing city. However, delays in the arrival of additional Sheriff's deputies budgeted for by the city has led some to question the necessity and use of those funds.

Measure DD revenue so far in the current fiscal year, according to city records, is $9.2 million. The amount budgeted from that fund for additional police officers was $3.57 million. However, because the Sheriff's Department has not completed the recruitment and training of additional deputies, five of the eight sworn officers budgeted for have not arrived.

City officials say that makes the money no less necessary for public safety, however. The proposed public safety budget for the next fiscal year includes not only the eventual additional police manpower, but $4.5 million budgeted for road improvements such as the final payment for start of construction on the Scott Road interchange.

Mann and Smelser and their group had no problem coming up with the 832 signatures required to submit the petition for a repeal of Measure DD. The method for collecting those signatures was questioned early, however.

Last December, Mayor Neil Winter told Menifee 24/7 he was given false information about the measure by a woman collecting signatures in front of the Target store in Countryside Marketplace. Two other residents contacted Menifee 24/7 with the same complaint, and Mayor Pro Tem Lesa Sobek expressed concern over misunderstandings about Measure DD.

In order to verify those complaints, a Menifee 24/7 reporter approached the same woman collecting signatures in front of Target one day in December. When asked the reason for the recall effort of Measure DD, the woman – who did not give her name – said it was because "the people never had a chance to vote on it." When told that was not true, the woman appeared to get very nervous and said she meant to refer to the recent gas tax increase.

Told the gas tax is a state tax and a different issue, the woman said she was "tired and kind of confused. I’ve been out here all day and I’m getting ready to leave." She admitted that she was actually in favor of continuing Measure DD to improve public safety but was collecting signatures against it because she was being paid by Smelser to do so.

Neither Mann nor Smelser responded Tuesday to a request for comment.