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City attorney and outside counsel outline rules, timeline for renewing Measure E public-safety tax
Summary
Legal counsel explained procedures and restrictions if Kingsburg places Measure E (a 1% public safety sales tax) on the ballot, including when the council may campaign, key deadlines and required impartial analyses.
Matthew Richardson of Best Best & Krieger LLP briefed the Kingsburg City Council on Aug. 20 about the legal process and restrictions for renewing Measure E, the city's 1% public safety sales tax that voters approved in 2018 and that is scheduled to expire Sept. 30, 2028.
Richardson recommended that the council begin community outreach and noted key calendar dates: the city may first adopt a resolution placing the measure on the ballot on Jan. 7, 2026 and must do so no later than March 6, 2026 to meet the June 2, 2026 election. He said certification would occur June 30 if the measure passes.
Richardson made a point of distinguishing the council's informational role from prohibited advocacy once the measure is placed on the ballot. He cited the controlling legal framework from Stanson v. Mott and Vargas v. City of Salinas and said the city may use public resources only to provide objective information: "Public funds, public resources, public money, public time cannot be spent or expended in favor or against... advocating for or against a ballot measure," he said.
He explained exceptions and best practices: council members may express personal opinions in a public meeting where opposing views have equal opportunity, and individual council members and staff may campaign on their own time and with private resources. "Staff and counsel can advocate and campaign on their own time and on their own dime," Richardson said, "but if staff is working during staff hours or utilizing anything that belongs to the city, they can't be campaigning."
Why it matters: Measure E accounts for ongoing public-safety funding and its renewal will require careful adherence to campaign law and election-code procedures, including an impartial analysis by the city attorney, optional ballot arguments and rebuttals, and limits on official advocacy.
Council members asked practical questions about campaign signs, social media and fundraising at events. Richardson said members may use personal social media and put signs on their private property, but they should avoid campaigning while acting in their official capacity or using city resources. He also advised clear disclaimers at campaign events that a speaker is acting as a private resident and not representing the city.
Ending: Richardson said staff and legal counsel would prepare suggested ballot language, the impartial analysis and necessary resolutions if the council directs staff to pursue a placement. The council did not vote on placing Measure E on the ballot; the presentation was informational and the city manager said staff would return with options including whether to include a sunset clause in the renewal language.
