Union News- 3/1/98

2/11/98 BY STEPHEN DREW
Independent Editor
The city of Union and City Manager John Applegate have been named as defendants in a federal lawsuit filed in federal court.
Six Union residents filed the lawsuit Monday, stating that the defendants violated their constitutional rights.
The lawsuit involves actions that occurred before the controversial joint fire district vote last November. Union's council endorsed a no vote on the issue, whereas the six plaintiffs supported a joint fire district.
In the lawsuit, the plaintiffs contend that their rights were violated when signs endorsing a yes vote were not allowed on the grassy berm in front of the Union City Building.
Applegate maintains neither he nor the city officials did anything wrong.
"The city and Applegate permitted a campaign sign favoring the new fire district to be placed on the grassy berm directly in front of the Union City building at 118 N. Main St.," the lawsuit reads. "When the plaintiffs placed a similar sign opposing the new fire disuict...on the same public property, Applegate and the city removed it."
The joint fire district proposal was rejected by voters in both Union and Englewood, who as of Jan. 1 have their own fire and EMS departments.
Even though the issue has been settled, the group felt compelled to pursue the actions of Applegate the city through the courts.
"Applegate and the city diverted substantial funds from the city treasury and used city employees to wage a high visibility campaign in favor of creating a new district," said the lawsuit.
Applegate said the lawsuit doesn't make much sense. "Union's charter allows us to do what was done in regard to the fire issue," said Applegate. "Why are they singling out Union and Randolph Township, who has the same policy in regard to signs.
"They're questioning our policy, but their taxes went to the township's effort as well. Why are they not suing the township? Is it because they supported the township stance and opposed the city of Union and city of Englewood. Also, the township paid for the initiative petition process.
A release issued to the paper on Monday by plaintiff Julie Johnson stated: "This suit is not about losing or winning an election. It is about freeing the city of Union from tyranny. We are committed to a city government that is managed according to law."
The lawsuit asks for a jury trial and other unspecified damages against the city and Applegate, as well as punitive damages against Applegate.
In addition to Johnson, plaintiffs include: the Rev. Charles Arnett, Carla Edwards, Ronald Kidwell, Connie Lash and Jerry Vaughn.

2/11/98 Union City Council on February 9 unanimously voted to place a new fire and EMS levy on the May ballot to fund operations of the new Union Fire and Rescue Department.
The new levy's rate will be 2.5 mills and would become effective Jan. 1, 1999. Because property taxes are paid in arrears, the former Randolph township is still collecting fire and EMS funds for 1998 but returning the respective amounts to the cities of Union, Englewood, and Clayton.
The new Union fire and EMS levy will not raise property taxes, nor will residents be "double-taxed" by Union and the former Randolph township, said Union officials.
"We reached the tax rate of 2.5 mills first by consulting with the Montgomery County Auditor's Office about how much the present township levy generates for Union, and second, by working backwards to calculate the rate we would need to generate the same amount of money, Union City Manager John Applegate said.
The auditor's calculations of the township's current effective tax rate of 2.47 mills confirmed that approximately $128,436 is generated from Union taxpayers. For ease in calculations and collection, the auditor's office recommended that the number be rounded to 2.5 mills, said Applegate. Under the new levy, approximately $129,996 would be generated.
The city of Englewood on Tuesday voted to place a 2.5 mill fire and EMS levy on the May ballot for the purposes of funding its new fire and rescue department. Union residents will not be affected by Englewood's levy. Union and Englewood's fire and rescue departments are independent of each other: however, they share Bud Bergman as fire chief.
Clayton, as a new city, will have its own 3.3 mill replacement levy on the May ballot. Union and Englewood residents, because they are no longer Randolph Township residents, will not be affected by Clayton's replacement levy.
Because Union and Englewood's levies are firsts for their new fire and rescue departments, both cities sought input from not only the county auditor's office but also the Montgomery County Board of Elections, the Montgomery County Prosecutor's Office, the Secretary of State's Office and from their respective law directors.
"The logical conclusion was to make Union and Englewood's levies new ones, as opposed to replacemeut or renewal levies. But what we want to emphasize is that our residents will not have to pay a higher tax rate than they do now for fire and EMS services," Applegate said.