"We submitted a government code section to Terry that shows she can do this," Shaw said. "We have heard no response.
"She can do it, but there is nothing that says she has to do it."
The issue surfaced last week as the district board approved asking voters in November whether they would support a
Hansen said last week she is precluded from conducting an election because there are no separate fire district boundaries. While the fire department is run through
Because there are no fire district boundaries, ballots would have to be sent to every voter within the utility district whether or not they are served by the fire department, Hansen said. As an example, voters in
Hansen could not be reached Monday to further discuss the issue.
The special tax needs a two-third majority to pass. If voters not served by the department cast ballots, it would be a virtual certainty to fail, Shaw said.
At issue is whether the department returns to being a part-time operation once a federal grant that provides additional staffing runs out early next year. The
If approved, the proposed special tax would raise about
Shaw admitted it would cause substantial work to develop separate ballots within the district, some with the special tax included and some without it.
He said that if the county clerk doesn't hold the election, the district board will have to decide whether to conduct an election itself.
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