Despite another administrative ruling against them, the lawyer for lodgers opposed to the city’s new voter-approved occupational lodging tax said the group, now calling itself the Salida Visitors Group, is prepared to continue their campaign to overturn the voter-approved occupational lodging tax.
Earlier today, Colorado Springs City Clerk Kathryn Young affirmed an earlier ruling by Salida City Clerk Janella Martinez that the petition circulated by lodgers was insufficient to force Salida City Council to re-consider the measure. Young’s decision comes after listening to a full day of testimony last Friday from petitioners objecting to Martinez’s decision and inspecting the petitions herself. Young found that Martinez appropriately applied the law when rejecting signatures collected by the Salida Visitors Group.
“While disappointed, there was no surprise in today’s ruling given that the City selected the hearing officer without consulting the Salida hoteliers,” said David Waller, attorney for the Salida Visitors Group. “I will continue to represent the hoteliers until they are satisfied that their constitutional rights have been fully respected. We have already prepared to go to district court where we hope to have a more serious review of the City’s actions, including whether damages are appropriate. ”
Salida Visitors Group spokesperson Don Jackson had not returned a call seeking comment by the time this article was posted.
Martinez said in a press release that it is “very comforting” to have an impartial third party find her actions consistent with the law. A nine-page memo from Young went into detail affirming Martinez’s findings that extensive evidence of violation of state election rules invalidated the petition.
Even if the petition had been ruled sufficient, there is another obstacle for the lodgers to overcome. On Jan. 30 the city informed the lodgers that the change to the language of the ordinance they were petitioning to make “could create a lodging tax that is beyond the authority of a statutory city to impose and which was not approved by Salida voters.”
Administrator Jack Lewis said in today’s press release about Young’s ruling that he hoped the Salida Visitors Group would drop their opposition to the occupational lodging tax “so we can start to focus on the future and all the good things we can accomplish.”
In November, voters approved an occupational lodging tax of $4.82 to be collected per occupied room night. In January, when City Council approved the enabling ordinance, the rate was set at $2.50 in a concession to lodger’s concerns about the possible negative impacts of the tax. Proceeds from the tax are earmarked to fund improvements to recreational and cultural amenities such as Salida Hot Springs Aquatic Center, SteamPlant Theater and Event Center, and area parks and trails.
The occupational lodging tax went into effect March 1.
The qualifications of the Hearing Officer for the 2B Protest Hearing follow. This information is taken from the City of Colorado Springs website. What is not listed is that Ms. Young is current President of the Colorado Municipal Clerk Association.
Chuck
Kathryn M. Young, CMC, CERA
City Clerk
A City of Colorado Springs employee since 1983, was appointed City Clerk in May 1994. She holds a dual Master of Arts Degree in Management and Procurement/Acquisitions Management from Webster University, and a Bachelor of Science Degree in Business Administration from National College (graduated Magna Cum Laude). She received her Certified Municipal Clerk (CMC) designation in 1996. Ms. Young was presented with her Certified Elections/Registration Administrator (CERA) certification in Washington, D.C. in August 2004 and awarded the Colorado Municipal Clerk of the Year award in November, 2006.
Ms. Young is a member of several professional organizations such as:
International Institute of Municipal Clerks (IIMC)
Colorado Municipal Clerk’s Association (CMCA)
International Association for Clerks, Recorders, Election Officials and Treasurers
Election Center
Additionally, she serves on several community boards such as:
Urban League Child Development Center Advisory Board
Pikes Peak Minority Business Foundation Advisory Board
Southeast YMCA Advisory Board
Shivers Concert Series
Ms. Young has served as a member of the IIMC Membership Committee (1995-97) and currently serves on the IIMC Certification Program Committee; CMCA Legislative Committee Chair (1996-97), Study Committee Chair (1996-97) and Co-Chair (1995-96), Education Committee Co-Chair (2002-2004). She received the award for “Outstanding Contribution to CMCA” in 1997 and 2001. She has been honored as one of ten “Phenomenal Black Women in Colorado Springs” (1995), and one of the “Ten Most Influential African American Women in the State of Colorado” 1999 and 2001.
During her tenure as City Clerk, Ms. Young has secured a document management/imaging system for over 100 years of municipal records, conducted the first mail ballot election for the City, and streamlined many licensing and City Council meeting procedures.
I am pretty sure the only one’s to win in this will be the lawyers, pretty disappointing. Perhaps we should raise the tax to 4.50 to help cover the cities expenses.
P.T.
I suggest that instead of dividing the community further, the lodgers should donate their saved legal fees to the city and desist.