This final article of the three-part series rounds out how to successfully pass a ballot measure. Don’t forget to read the first two articles for the full City of Hayward case study.

Communication, Trust, and Transparency – Do it early. Do it often. Do it again. Successful ballot measures are no longer “election year” efforts. They involve a long runway and a consistent approach. Start the planning and the overt action at least two years out. Talk to your community. Listen. Adjust. Provide solid, transparent financial information…again and again and again…and not always at City Hall. Go out into the community and meet where your residents and businesses congregate like Homeowner Association meetings, Chamber of Commerce gatherings, Rotary meetings, farmers markets, schools, and churches. Be open and clear about the financial operations and needs of the city. Educate, listen, and learn.

It is always easier to say “yes” to someone you know personally…and trust. In the Hayward Model, all City Department Heads attended community meetings on a regular basis (not just at election time) and were present to be praised for successes and accountable to address complaints in their operational area. Hearing a complaint, responding to a complaint quickly and honestly, and coming back to ask “Did we resolve it?” builds accountability and trust.

Be open and honest about city operations, about failures as well as successes. If something being requested is not doable or is unreasonable, say so and explain why. By the time Hayward arrived at the 2014 election, executive staff had attended in excess of a hundred community meetings and were respectfully greeted on a first name basis in most gatherings.  City officials, elected and appointed, held numerous one-on-ones with community and thought leaders. Phone calls were now welcome and answered between these leaders and City Hall. And most importantly, likely opposition to any proposed tax measure was identified early on and often neutralized or resolved through relationships and communications.

Manage Your Team – A successful revenue measure requires a professional team: local leaders, staff,campaign consultant, pollster, union leaders, and others.[1] Make certain that your jurisdiction maintains control of direction and message, and that the ultimate ballot language reflects what you know your community expects, is transparent, and is not intentionally obfuscating to make the measure more “acceptable” to voters. You and your fellow governmental employees are the ones that will be held accountable for the outcome long after the other professional team members have moved on to the next jurisdiction. Make certain you and your reputation can honestly stand behind the ballot language. “…[Voters] have to be constantly vigilant about getting informed on the hidden details of ballot initiatives.” [2] “The statement of the measure shall be a true and an 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.”[3]

[1] “Getting the Right Crew”, Mike Madrid, GrassrootsLab, “Finance Officer’s Guide to the Tax Measure Galaxy”, CSMFO Annual Conference, January 10, 2019

[2] The New York Times, “Why Are Many Ballot Measures So Confusing?” by George Lakoff, professor emeritus of linguistics at the University of California, Berkeley.

[3] California Elections Code § 13119(c).

Accountability – After all that work and the passage of a successful revenue measure, do the work as promised. Do it quickly and do it well. Tell your community what you are doing with the money they have given you – report frequently and fully. Be honest and transparent about challenges and failures as well as successes. Live up to the commitment your agency has made to the voters. Thank the community every chance you get remembering that the revenue you are spending willingly came out of their pocket – they did not have to vote “yes”.

Hayward made the choice to begin paving as many miles of street as possible in a shorter period of time rather than stretch it out over the life of the tax. City staff “wrapped” new City cleanup vehicles funded with Measure C funds in “thank you, community” graphics and put out “Your Measure C Funds at Work” A-frames at every applicable job site; and they immediately began an aggressive fire station upgrade project. All while implementing the much slower construction of the new Community Library and Learning Center. Accountability and visibility – living up to the promise.

Know the Law and Its Requirements[1] – Ignorance of the law or the rules from the Registrar of Voters is no excuse for not meeting the requirements and has killed many a revenue measure before they ever reached the ballot. Yes, your campaign consultant, pollster, City Attorney, and City Clerk all have that responsibility and likely have everything well in hand. However, if you are leading the staff in this search for new revenue, then you need to know the rules as well. Know the difference between a general tax and a special tax and what each requires both for passage and to appropriately and legally administer after successful passage. Make certain you know and meet all filing and procedural deadlines from your county. The process in California is complicated and governed by both legislative and county laws and regulations.

Be very clear what jurisdictional staff can and cannot do as it relates to the election season and campaigning. These rules, too, can be complicated and have grey areas. It can be a struggle to strike the right balance between the push and pull of the anxious campaign committee, the law, and your own enthusiasm and ethics. After a measure qualifies for the ballot, “public resources can be used to educate the public, but they cannot be used to advocate for a ballot measure. (Gov. Code § 54964.) ‘Public resources’ include funds, staff time, materials, equipment, facilities, and communication channels (e.g., website, email, newsletters)”.[2]

When all is said and done, revenue measures in California will only become harder to pass as long as wages trail cost of living; voters remain uneducated on who funds government and how and why their money gets spent; often times residents, businesses, and local government are disconnected and unknown to each other; and the small pool of elected and appointed mischief-makers continues to undermine trust in government. A successful measure requires communication, long lead time, frequent communication, careful planning, continued communication, a dedicated team, honesty, transparency, on-going accountability – and yes more communication.

[1] Ben Fay, Jarvis, Fay & Gibson, LLP, “Finance Officer’s Guide to the Tax Measure Galaxy”, CSMFO Annual Conference, January 10, 2019.

[2] Ben Fay, Jarvis, Fay & Gibson, LLP