trinity county notice and demand

NOTICE AND DEMAND

TO:

Shanna S. White (elections@trinitycounty.org)
Trinity County Clerk/Recorder/Assesor
PO Box 1215, 11 Court St, Weaverville, CA 96093 P:530-623-1220 F:530-623-8398

Keith Groves (kgroves@trinitycounty.org)
Judy Morris (jymorris@trinitycounty.org)
Bobbi Chadwick (bchadwick@trinitycounty.org)
John Fenley (jfenley@trinitycounty.org)
Margaret E. Long, Clerk of the Board (clerkoftheboard@trinitycounty.org)
Trinity County Board of Supervisors
PO Box 1613, 11 Court Street, Room 230, Weaverville, CA 96093 P:530-623-1217 F:530-623-8365

Margaret E. Long (countycounsel@trinitycounty.org)
County Counsel, County of Trinity
P: F:

Sarah Supahan (superintendent@tcoek12.org)
Trinity County Superintendent of Schools
PO Box 1256, 201 Memorial Dr, Weaverville, CA 96093 P:530-623-2861 x239 F:530-623-4489

Terri McBrayer (taxcollector@trinitycounty.org)
Treasurer-Tax Collector, County of Trinity
PO Box 1297, 11 Court St, Weaverville, CA 96093 P:530-623-1251 F:

RE: Mountain Valley Unified School District ("District") Bond Election

November 16, 2017

While this letter is primarily directed at the Clerk/Recorder/Assessor, each of you have a statutory role in connection with school district bond elections. Furthermore, you have each taken an oath to uphold the laws of California.

NOTICE

Mountain Valley Unified School District ("District") measure, designated J by the Trinity County Clerk/Recorder/Assessor, does NOT qualify to be placed on the ballot at the November 7, 2017 local election.

The controlling law for Proposition 39 bond elections, Education Code 15266(a), states, in relevant part,

An election may only be ordered on the question of whether bonds of a school district ... shall be issued and sold ... at a primary or general election, a regularly scheduled local election at which all of the electors of the school district ... are entitled to vote, or a statewide special election. [Emphasis added.]

Of the four types of elections at which Proposition 39 bonds may be ordered, the third, a "regularly scheduled local election," is restricted to one at "at which all of the electors ... are entitled to vote." It is a condition precedent for an election order and not curable by the order itself.

The Clerk/Recorder/Assessor did not schedule any District governing board member elections for November 7th. The only item on the ballot for the entire District was the special bond election. There was no other election in the District's territory with which the special election could be consolidated.

Therefore the qualification that "all of the electors of the school district" be entitled to vote at a regularly scheduled local election is not met. There is no other regularly scheduled local election on November 7th that includes "all of the electors of the school district."

DEMAND

The undersigned, on behalf of all of the people of Trinity County, demand that you follow the clear and unequivocal statutory prohibition and declare the election void or otherwise cancel (and not certify) this fraudulent election.

Allowing the election process to proceed will waste additional public resources and cause the people of Trinity County immeasurable and irreparable harm.

The unlawful and ultra vires acts of District and county officials have already wasted both District and County public resources. You should not force taxpayers of Trinity County to file a lawsuit and further waste County and State public resources.

Sincerely,

Alex Aliferis, former Executive Director
Contra Costa County Taxpayers' Association

Rosemarie Barnard, Taxpayer Advocate
North Monterey County Taxpayer's Association

Jon Coupal, President
Howard Jarvis Taxpayers Association

David N. Gooding, Assistant Coordinator for Trinity County
Election Integrity Project

Gail D. Gooding
Trinity County voter, Hayfork CA

Kay Graves
Trinity Resident and Election Observer

George Guynn Jr, President
Solano County Taxpayers Association

Jeanne Johnsen, Taxpayer Watchdog

Richard Michael, Web Site Owner
California School Bonds Clearinghouse

Robert Miller, Taxpayer Watchdog

Deborah Pauly
Elected Member, 68th Assembly District, Republican Party of Orange County
Voting Delegate, California Republican Party
Co-Founder, Stop the Rip-Off! Just say "No" to Bond Debt!

Stephen Petzold, Chair
Taxpayers Against Measure E (TAME)

Clifford Reese, Taxpayer
Business owner for 32 years
Santa Clara county

Ourania Riddle, Award Recipient
2015 HJTA Taxfighter of the Year

Steven Sowers, Taxpayer Watchdog

Ludd Trozpek, Taxpayer Watchdog

Mike Wear, Election Observer
Hayfork CA

Dawn Wildman, Director of Policy
Coalition for Policy Reform

Patricia A. Zugg, Trinity County Resident