Bold Ruling Making Noise In Libraries

Campbell Circuit Judge Julie Reinhardt Ward has issued a ruling which invalidates the taxing scheme used by the Campbell County Library to provide over 90% of its funding and her ruling is making noise in libraries across the Commonwealth, according to Scott Wartman at the Kentucky Enquirer.

Wartman says the ruling, obtained by attorney Brandon Voelker working for the Plaintiffs, held that the statute under which the Campbell County Library was organized required new taxes could only be raised after a petition was signed by a majority of voters.  The library was apparently operating as a taxing district and raised taxes without the petition.

Special taxing districts, called "ghost governments" and their ability to increase property taxes was an issue addressed on a bi-partisan basis this past legislative session.  Beginning with House Bill 1 introduced with the encouragement of Auditor Adam Edelen and House Speaker Greg Stumbo, and ending with a compromise bill worked out with the help of Georgetown Senator Damon Thayer, special taxing districts will now be held more accountable and their budgets more transparent.

But in the meantime districts which raise taxes without strict compliance with their organizational scheme are worried that Ward's ruling could a big problem for them now and into the immediate future, particularly if she rules at an upcoming hearing that the Library has to return tax money to the citizens who paid it.

Ward's ruling is a bold move considering that it is likely to stir up strong feelings within the community, driven of course by those at the library who might just have been called on the carpet for illegal activity.  But bold moves in support of the law and without consideration of public clamor are precisely the kinds of examples that shed a favorable light on our impartial, elected, judiciary.

Comments

[LEE]

The underlying enabling stature is unconstitutional. The library board is not an elected body, previous tax rates were set by fiat. a couple hundred years ago some guys thew tea in a harbor for taxation with no representation. If I werent retired and lazy, I'D FILE A CHALLENGE IN FEDERAL COURT. wHY DONT YOU DO IT.