Marion's presentation incorrect on local-option tax funds' use

Contrary to what Marion residents may have heard, their city is bound by its ballot language regardless of the outcome of Tuesday's local-option sales tax referendum.

Even if Marion voters reject it, if the one-percent tax passes in the rest of the five-city (Cedar Rapids, Marion, Hiawatha, Fairfax, and Robins) metro bloc each city must still allocate its share of the proceeds by the priorities listed in its ballot. In Marion's case, that's 30 percent for property tax relief, 50 percent for street improvements and repairs, and 20 percent for other projects.

That's contrary to what Marion officials have been telling residents at community forums leading up to the vote. According to a slide in the city's PowerPoint presentation, if the referendum fails in Marion but passes metrowide,  “Marion still gets the normal share, but there is no limiting ballot language.”

After that was cited in an earlier post, Linn County Auditor Joel Miller confirmed with the Iowa Secretary of State and the Attorney General's office that the city would still have to follow the intent of the ballot language.

“You are voting as one incorporated area,” said Miller. “Even if one part of that area does not vote for it the majority rules, and they are bound by that language.”

Mayor Paul Rehn said the PowerPoint was prepared by City Manager Lon Pluckhahn, who got the information from the state Department of Revenue.

“He wanted to make sure we were correct, so he went to the people who would be printing the checks,” said Rehn.

Joel Gabrielson, manager of local government operations for the Department of Revenue, confirmed Miller's interpretation.

“If it passes, since they're part of the contiguous group, it's either the whole ballot is active or it isn't,” he said.