Opinions

Unless stated otherwise, the opinions expressed here are mine only. I do my best to research issues before stating an opinion. I reserve the right to change my opinion at any time without notice as I learn new facts or listen to others. Your opinion matters to me!

Wednesday, May 10, 2017

Legal Plunder

What is Plunder?  Frederic Bastiat, in his book “The Law” said, “When a portion of wealth passes out of the hands of him who has acquired it, without his consent, and without compensation, to him who has not created it, whether by force or by artifice, I say that property is violated, that plunder is perpetrated.” 

If that is plunder, what is legal plunder?   Bastiat explains that ‘Legal Plunder’ occurs when the ‘law’ is used as an instrument of plunder!  Legal plunder is the worst kind of plunder because the plunder (ie wealth passing out of your hands without your consent or compensation) is enforced by governmental law.  Bastiat asserts legal plunder occurs for 2 reasons “Naked Greed” or “misguided philanthropy”.

The words “Legal Plunder” are offensive and I apologize for using these terms in the same sentence in speaking of the City of Mesa.  But I ask, has Legal Plunder occurred at the City of Mesa?

I will present 3 different situations where legal plunder may or may not have occurred.  You decide.

EXAMPLE 1: PMGAA
The Phoenix Mesa Gateway Airport Authority (PMGAA) was created in 1993 in partnership with Apache Junction, Gila River Indian Community, Gilbert, Mesa, Phoenix and Town of Queen Creek. 
Between 1993 and January 2015, the Member agencies expended over $85 million predominately for Airport operations.   Was that money a gift or loan?  

The City of Mesa Council report for the Council meeting of 12 January 2015 says.
PMGAA records all Member agencies contributions as loans payable.”
At the Council meeting of 12 January 2015 Mayor Giles said that “the airport is now at a point where it is generating revenue---.”  Regardless, the City Council authorized the City Manager to amend the agreement with PMGAA.
“-------- TO OFFICALLY RECHARACTERIZE THE MEMBERS LOANS TO PMGAA AS CUMULATIVE APPROPRIATIONS.” 

By the clever use of language, the $52.4 million the City of Mesa loaned to PMGAA was swept away and forgiven. No interest or principal has been repaid. 

17 January 2015, the Mesa Tribune carried an article written by Trevor Godfrey titled “Mesa Forgives Loans to Gateway” and provided this information:
“With interest, the amount Gateway would have repaid to Mesa totaled more than $70 million, and the total amount to all partners over $200 million”.

The City of Mesa continues to contribute (gift) well over $1 million per year to PMGAA.  It comes from the wallet of non-Mesa residents without their consent and given to a special interest group (private companies) under the guise of ‘Law’. 

Is it ‘Legal Plunder’?  You decide:

EXAMPLE 2: $1 LAND SALE
12/12/2016 Item 5-C on the City of Mesa Council Agenda authorized the City Manager to sign an agreement on behalf of the City of Mesa with a private developer to sell a City owned parcel of land for $1 provided he achieved approval for Federal subsidizing of a 5-story, 71 unit low income housing project.  The land was appraised for $380,591. 

The agenda item was approved over the Mayor’s objection because he felt adequate public notice had not been given nor sufficient time given to secure bids from as many developers as possible.

Would you consider it plunder if I sold a parcel of land you owned that was worth a considerable amount of money for $1?  If I cannot do that to you, is it legal plunder when the City Council sells land that we own as citizens for $1? Is it possible this council action is an example of ‘Naked Greed’ or misguided philantrophy? 

How many police and fire personnel could we have hired for $380,591?

EXAMPLE 3: SALES TAX INCREASE FOR EDUCATION
The last example I present for consideration is the determination of the City to raise taxes to build an ASU campus.  Here are some quotes from a 29 January 2017 East Valley Tribune article written by Jim Walsh:
Giles lamented the fact that he was unsuccessful “increasing the sales tax rate---creating $38 million in new revenue.”  While Mesa voters rejected a sales tax initiative that would have bolstered public safety and built an ASU campus downtown, Giles is re-doubling his efforts on both fronts.
In Giles opinion, Mesa’s high level of poverty is tied directly to a lower level of higher educational attainments.
“The best answer to poverty is education,” Giles said. From my prospective, ASU has never been off the plate. We are anxious to have more ASU in Mesa.”

In my opinion, the failure of Question 1 to pass last November was because the majority of voters living in Mesa sent the message---We do not want a sales tax increase to build an ASU Campus!   Free college education is not “Free”!  It is amazing how generous government can be with someone else’s money.

The estimated tax income generated if the sales tax (Question 1) were to have passed would have been $38 million per year.  But $38 million per year is not created out of thin air!  It comes from the disposable income of Mesa residents.  Since they will pay a $38 million increase in cost of products, they will by default pay more for less!  Is it legal plunder to take from families who struggle month to month to pay their utilities and to put food on the table to build more buildings down town that primarily benefit the builders, downtown merchants and big business (ASU)?   


Has Legal Plunder occurred at the City of Mesa?  You decide.  Will it occur in the future?  You decide!