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Borikas Plaintiffs Reiterate Settlement Offer on Measure H

In a press release from attorney David Brillant, counsel for the Borikas Plaintiffs in their lawsuit over Alameda Unified School District’s Measure H, the group reiterated their settlement offer and took issue with past statements by the school district.

On the Measure H settlement, the press release reads:

The Alameda Unified School District representatives stated on August 14, 2009 that the “Borikas plaintiffs have chosen not to participate in this resolution.” This is untrue. The Borikas Plaintiffs have made a specific settlement proposal that will immediately resolve the Measure H litigation.

“While I cannot comment on the specifics of the settlement proposal because of the confidential nature of such communications, the proposal we made was very specific, allows the District to keep the tax they collected thus far and brings future taxation more into conformity with the uniformity requirement as mandated by California law,” said plaintiffs’ counsel David Brillant.

Plaintiffs’ August 10, 2009 proposal was rejected by the District, which is instead preparing a new parcel tax measure, to replace Measures A and H.

In the same release, Mr. Brillant decries the plan for a new advisory committee to plan a new parcel tax to replace both Measure H and Measure A, the previously enacted and still in-force parcel tax. Mr. Brillant said: “the law is clear that the repeal of a parcel tax requires a simple majority vote whereas the enactment of a parcel tax requires a two-thirds vote. To put both questions before the voters on one ballot measure and require a two-thirds vote where repeal only requires a simple majority is illegal.”

The release goes on:

The District’s attorneys have been advised of this flaw in their framework during settlement discussions and during the hearing with the judge assigned to the case, Judge Burr, on August 13, 2009. The District has yet to comment.

The litigation is Borikas v. Alameda Unified School District, in Alameda County Superior Court, Case No. VG08405316.

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