Durham Uses City TV Station To Push County Tax Hike

A Durham resident has filed a complaint with the State Board of Elections over a City of Durham public affairs TV show he says promotes a “yes” vote on Durham County’s half-cent transit tax referendum. Durham City Attorney Patrick Baker told Dick Ford he knows of no legal prohibition that prevents the city from advocating for its sister government’s referendum, which will be decided Nov. 8. Early voting began last week.

At issue for Ford is an October installment of “CityLife,” hosted by Beverly Thompson, director of the City of Durham Office of Public Affairs. The nearly 40-minute program begins with Thompson citing traffic congestion, high gas prices, and the growing population. She then asks, “So what’s the game plan for the future?” and introduces guests “to talk about the Durham Bus and Rail Investment Plan and how it will tackle this issue.”

The program features four guests, including Mark Ahrendsen, director of the city’s Transportation Department. All tout the need for transportation projects that would be beneficiaries of the transit tax. Graphics support the guests’ key points. No alternatives to the transit tax referendum are presented.

Ford’s complaint charges the city with illegal electioneering. “I certainly believe this is an improper use of public funds,” Ford said, a concern he expressed to Thompson in writing. He asked that the city remove the program from its website, investigate making restitution for improper use of public resources, and institute training to prevent advocacy from occurring again.

As of Tuesday evening, the program was still available for viewing on the city’s website.

Baker doesn’t dispute that the program fails to present an alternative view. In an email response to Ford, which Ford provided to Carolina Journal, Baker wrote that the city is free to advocate for a “yes” vote.

Wrote Baker:

I have reviewed the program at issue and would concur with your assertion that some of the speakers appear to advocate for the passage of the transit tax and that none of the speakers voiced opposition to the initiative. As you no doubt are aware, the transit tax initiative was placed before the voters by the Durham Board of County Commissioners and not the Durham City Council. While I am aware of the general prohibition against a local government using its public resources to advocate for an initiative that it has placed before the voters, I am unaware of any prohibition against one local government advocating for the passage of another government’s initiative. As such, I do not believe there is a legal prohibition against the City advocating for the County’s transit tax initiative initiative.

Attorney and former Raleigh city councilman Kieran Shanahan says state law prohibits local governments from advocating for their own ballot items; only information and education is allowed. He says the Durham situation is a “unique twist” on the rule and that it’s unusual for a city to be taking an active role in a county’s referendum, especially if that city takes a side. Shanahan said that while Durham’s action doesn’t appear to be unlawful, “it seems to violate the principle of the law that it’s unfair to use taxpayer dollars to advocate in an election.”

The Durham County Republican Party officially opposes the transit tax referendum. Party Chairman Ted Hicks said his group was not invited to be part of the “CityLife” program.

“We had no opportunity to present an opposing viewpoint,” Hicks said. The Durham GOP has offered an alternative transportation plan that focuses on reducing bus sizes to improve efficiency and expand routes and schedules, and allowing private companies to provide bus and shuttle service. The party believes rail transit is “inappropriate” for the area.

According to the City of Durham website, “CityLife” airs locally Monday through Saturday on Time Warner Cable channel 8 and is available on demand on the website. The transit-focused program is promoted this way:

With the Triangle expecting an additional 2.5 million people in the next 20 years, heavy traffic and its negative effects on Durham’s quality of life are only going to get worse. So, what’s the game plan for the future? This month, “CityLife” Host Beverly B. Thompson is joined by Dan Jewell with the Durham-Orange Friends of Transit and Mark Ahrendsen, director of the City’s Transportation Department, to discuss the Durham Bus and Rail Investment Plan and how it will tackle this looming issue. For the second half of “CityLife,” Dr. F. Vincent Allison, III and Ms. Susan Cranford Ross, co-chairs of the Transit Referendum Steering Committee, discuss how Durham voters can help pay for the investment plan when they head to the polls on November 8th.

Donna Martinez is a contributor to Carolina Journal.