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HonestGovernment

Declining to take public questions, tax-backed tourism board votes to sue Filner

In the Feb 24 UT, Goldsmith is quoted as saying "*Here, the mayor of my client city proposed an agreement to give the city part of the TMD funds as an inducement to get his signature on the TMD contract.*" This is an incorrect summary of Filner's position. Filner, recognizing that the legal validity of the 2% surcharge on hotel bills is tenuous, doesn't propose to "*give the city*" any of the surcharge already collected under the current contract. Rather, Filner wants only to sign a new, more time-limited contract (1 or 2 years, the likely timeframe of the legal battles) to release the already collected surcharge fund. A new contract could agree that some of the surcharge could be shared with the General Fund. Why not? The TMD Board is costing the City money by suing. The legal challenges involve not only laws on the proper process of imposing a surcharge (tax law or assessment/fee law), but also the legal time limit (max 5 years) to impose a surcharge. Signing a contract for 40 years, which violates one State law, is an issue. Filner, in renegotiating a potentially legal shorter term assessment, while legal challenges are heard and decided, also wants an agreement that all of the **specially benefiting hotel corporations** will pay hotel staff a living wage. If the court decides that assessment law has been violated (even Goldsmith concurs this is likely), the TMD can be reintroduced legally, by public vote, as a tax, and part of the vote would be that the City would receive part of the new tax. Good for business, good for jobs, good for workers, good for the economy, good for our city. It's going to be impossible for the court to find that the hotel corporations are the **payors** of an assessment, though they are the direct beneficiaries, by their own claim, in violation of law. The SDTMD (EIN 262646009) is organized as a nonprofit 501(c)6. Their mission statement on their IRS filing is thus: http://tinyurl.com/ag8wkmf > SDTMD IS A **FUNDING CONDUIT** FOR THE DEVELOPMENT AND > IMPLEMENTATION OF EFFECTIVE MARKETING PROGRAMS AND SERVICES >**THAT BENEFIT THE ASSESSED BUSINESSES** WITHIN THE SAN DIEGO > TOURISM MARKETING DISTRICT.
— February 24, 2013 10:14 a.m.

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4S Ranch Allied Gardens Alpine Baja Balboa Park Bankers Hill Barrio Logan Bay Ho Bay Park Black Mountain Ranch Blossom Valley Bonita Bonsall Borrego Springs Boulevard Campo Cardiff-by-the-Sea Carlsbad Carmel Mountain Carmel Valley Chollas View Chula Vista City College City Heights Clairemont College Area Coronado CSU San Marcos Cuyamaca College Del Cerro Del Mar Descanso Downtown San Diego Eastlake East Village El Cajon Emerald Hills Encanto Encinitas Escondido Fallbrook Fletcher Hills Golden Hill Grant Hill Grantville Grossmont College Guatay Harbor Island Hillcrest Imperial Beach Imperial Valley Jacumba Jamacha-Lomita Jamul Julian Kearny Mesa Kensington La Jolla Lakeside La Mesa Lemon Grove Leucadia Liberty Station Lincoln Acres Lincoln Park Linda Vista Little Italy Logan Heights Mesa College Midway District MiraCosta College Miramar Miramar College Mira Mesa Mission Beach Mission Hills Mission Valley Mountain View Mount Hope Mount Laguna National City Nestor Normal Heights North Park Oak Park Ocean Beach Oceanside Old Town Otay Mesa Pacific Beach Pala Palomar College Palomar Mountain Paradise Hills Pauma Valley Pine Valley Point Loma Point Loma Nazarene Potrero Poway Rainbow Ramona Rancho Bernardo Rancho Penasquitos Rancho San Diego Rancho Santa Fe Rolando San Carlos San Marcos San Onofre Santa Ysabel Santee San Ysidro Scripps Ranch SDSU Serra Mesa Shelltown Shelter Island Sherman Heights Skyline Solana Beach Sorrento Valley Southcrest South Park Southwestern College Spring Valley Stockton Talmadge Temecula Tierrasanta Tijuana UCSD University City University Heights USD Valencia Park Valley Center Vista Warner Springs
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