Willow Glen Resident

News

Expiration of 911 fees would hit city's core services

By Monica Heger

Every little bit counts, particularly in this year's budget, where the absence of one item could mean deep cuts to public safety. That item is the emergency communication system support fee. With it, the budget doesn't look as bad, even with a $35 million deficit. Without it, the picture becomes bleak.

The emergency communication system support fee, or the 911 fee, adds $1.75 surcharge each month to every phone line. This fee has significantly aided the 2006-07 operating budget, to the tune of an additional $10.4 million in revenue.

The fee is scheduled to expire in December. If it is not renewed, it means an additional $10.4 million in cuts for the 2006-07 budget.

San Jose City Manager Les White has proposed the fee not only be extended for this fiscal year, but for an additional eight years, setting the new sunset date at 2015. An eight-year extension would add $20.6 million to the budget annually.

While the city council is generally supportive of the fee, its legality has been challenged in other cities. Both Union City and Stockton are currently embroiled in fee-related lawsuits. Those cities were sued by phone companies SBC, AT&T Wireless and Verizon, which allege the fee is unconstitutional. In an SBC press release, the phone company argued the state of California already collects a 911 fee, so local governments shouldn't be able to collect a fee for the same purposes.

San Jose City Attorney Rick Doyle said he was concerned about the lawsuits, but he believed the fee was legal.

"The fee doesn't exceed the costs of the program, it covers the dispatch service and everybody shares in the cost. It's an important service and a secure source of funding."

Doyle is keeping his eye on the other lawsuits, but the city of Santa Cruz recently prevailed in a similar lawsuit, both in the original claim and again on appeal.

"It gives me more assurance that we are on solid ground," Doyle said.

Doyle added this was not a new fee, citing San Francisco, which has had the fee since the early 1990s.

"The fact that more cities are imposing it got the attention of the phone companies," Doyle said.

If the fee is not extended, deep cuts to core city services are possible. Some could affect sidewalk repair programs, wireless 911 dispatch staff, San Jose Prepared! staff, the elimination of the fire hose wagon, cuts to crime prevention programs, police traffic enforcement and the school crossing guard program.

These proposed cuts, particularly cuts to the crossing guard program, have residents worried.

"At Willow Glen Elementary where my children go, it's like a raceway on Lincoln and Minnesota," said Felicia Mulvaney.

Mulvaney has witnessed some close calls.

"Sometimes the crossing guards are not always able to slow down traffic. I've seen people almost hit them and honk their horn and flip them off," she said.

Her husband Bob agreed.

"Crossing guards for elementary kids are one of the most basic city services you can provide to your community," he said. "To remove crossing guards and have kids crossing by themselves is just stupidity."

He said he supports extending the 911 fee if it means keeping such services.

"I don't like paying taxes any more than the next guy, " he said. "But on the flip side, this is one of the services that your taxes provide."

Councilman Ken Yeager supports extending the fee.

"First and foremost, I think it's a legitimate fee because of the 911 service," he said. "Second, the city uses that revenue for many useful city services."

Currently, the city is in the process of conducting public hearings and study sessions about the budget. It will adopt a final proposal by the end of June.