By Zack Anchors

Staff Writer

    A presentation by an organization opposed to the
Taxpayer’s Bill of Rights (TABOR) at a City Council workshop has
brought calls for the council to receive a similar presentation from a
pro-TABOR representative.

    At the Sept. 11 City Council workshop, legislative
advocate Jeff Austin of the Maine Municipal Association gave an
hour-long presentation on TABOR, a citizen initiated referendum which
would place spending caps on governing bodies within Maine. Although
Interim City Manager Jim Gailey introduced Austin’s presentation by
stating that he had invited Austin for an unbiased analysis of TABOR,
the presentation included sharp attacks on the referendum and Austin
made clear that his organization was strongly opposed to the
initiative, calling parts of it “disingenuous,” “bizarre,” “anti-local
control” and refuting proponents claims that TABOR doesn’t require
budget cuts.

    During the citizen’s discussion portion of the Sept.
18 council meeting two candidates who will appear on the upcoming Nov.
7 ballot asked the council to consider hearing a pro-TABOR perspective.

    “I’m curious if the council is also going to let
someone speak on the positive side of TABOR,” said Paul Nixon, chair of
the South Portland planning board and Republican candidate for the
Maine House of Representatives District 122 seat.

    Gary Crosby, a Republican candidate for the House
District 123 seat, told the council he could arrange for a pro-TABOR
presentation.

    “I think it’s incumbent upon the council as a
governing body to listen to both sides before making any decision,”
said Crosby. “And furthermore, I’m talking with councilors and
requesting that it be brought up that the council consider endorsing
TABOR.”

    Mayor Maxine Beecher said that no other
presentations on TABOR were planned, but added that she would confer
with the council on the possibility of inviting a pro-TABOR guest to a
future workshop. She said that Austin’s presentation was originally
intended to show the council both sides of the issue. Beecher also read
a letter from a citizen that expressed opposition to TABOR.

    The town councils of both Scarborough and Gray have
passed resolutions endorsing TABOR, while the Portland City Council
this week passed a resolution against TABOR. At the South Portland City
Council Workshop councilors had mentioned the possibility of endorsing
a resolution. Although councilors did not make their positions clear,
the nature of the conversation suggested that the council was generally
not supportive of TABOR. Austin said he could provide for the council
examples of resolutions against TABOR that other municipalities have
drafted.

    If passed, TABOR would limit spending at the
municipal level based on a formula determined by the rate of change in
population plus the inflation rate. In order to increase spending
further, a supermajority in the governing body would need to approve
sending the increase to voters, who would need to approve the increase
with a simple majority in order for it to go forward.

    Proponents of TABOR claim it will restrict
irresponsible government spending and lower taxes, but opponents argue
TABOR will necessitate cutting essential services and take control away
from local governments.

    There has been much debate between proponents and
opponents of TABOR over how the initiative is intended to work and how
it will effect governing bodies. One of the most contentious debate has
occurred over the issue of budget cuts. The MMA has argued that if a
municipality shows negative growth in population TABOR would force it
to lower it’s budget from the previous year. The Maine Heritage Policy
Center, a conservative research organization that helped get TABOR on
the ballot, argues that no budget cuts will be required by TABOR.

    Austin presented to the council a May 5 issue of
“Maine View,”–a newsletter published by the Heritage Policy
Center–stating that 48 out of Maine 195 municipalities would have
negative growth under TABOR, which means they would have to cut their
budgets. At the council meeting Crosby said that the passage from
“Maine View” was only referring to TABOR as it could have been written.
Crosby said the language in the current TABOR did not require budget
cuts.