RTC tax question criticized

Adrienne Packer

Friday, July 19, 2002 | 9:32 a.m.

Civil liberty activists are challenging Clark County's appointment of committee members assigned Tuesday to write the opposing argument to a $2.7 billion transit initiative to be placed on November's ballot.

Gary Peck, executive director of the American Civil Liberties Union of Nevada, said the appointments violated state law because two volunteers named to the opposition committee are not against the tax.

Carole Vilardo, president of the Nevada Taxpayers Association, acted on the Regional Transportation Commission's RTC3 Community Coalition, the group that advocated increasing the sales tax.

The quarter-cent sales tax hike would be imposed for 25 years and help pay for roads to keep up with the Las Vegas Valley's growth.

"At best as a body, commissioners, the registrar of voters and the district attorney's office handled this matter incompetently," Peck said. "At worst, irresponsibly, by not taking this seriously."

Vilardo was chosen to write the opposition to the tax initiative along with Joseph Hogan, former president of Maryland Common Cause, and John Olive, former counsel for the Regional Transportation Commission.

On their applications, Vilardo and Olive said they would be willing to write opposing arguments, but are not necessarily against the ballot question.

The state statute governing committees assigned to write ballot question arguments says one committee "must" be composed of three persons who oppose approval of the question. The law gives governments the option of having fewer than three members on each committee.

JoNell Thomas, an attorney who works with the ACLU, said the county clearly violated the law.

"If they can't find three people, they can appoint fewer; it doesn't give them the option of appointing people in favor of it," she said.

Clark County Registrar of Voters Larry Lomax said the $4,500 he spent running advertisements to recruit volunteers did little good. He had a slim field to choose from and Hogan was the only applicant vehemently opposed to the increase.

Lomax and Deputy District Attorney Mary-Anne Miller agreed that the county could have selected a one-man committee to write the opposition, but both believe the issue is too important to leave up to one person.

"It's an important issue, and we should probably have more minds than one, especially on a complicated tax issue," Miller said.

The ACLU has taken no position on the ballot question, Peck said. But he said it is unfair to voters who might be against the tax hike if the question is diluted or muddled.

"What's disturbing about all this is what we're talking about is the most fundamental, prized right in a democratic society -- the right to vote," Peck said. "What they've done is so plainly fast and loose."

ACLU representatives plan to meet with Lomax and try to persuade him to change the committee make-up. Peck said if the county is reluctant to adjust the committee, his organization will consider suing.

Lomax, frustrated by the ACLU's challenge, said it is up to county commissioners to decide whether Hogan should be the only author of opposing arguments, whether to seek more volunteers or whether to leave the committees as they are.