Northern Arc lawsuit could endanger Fulton transit projects

South Fulton
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Northern Arc lawsuit could endanger Fulton transit projects

South Fulton
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Jeff Anderson, President and

co-Chair of the Northern Arc Task Force, stated "The last I knew,

there were three branches of government. This illegal process circumvents

the people's voice in determining how debt is incurred. Through this lawsuit,

we are asking our judicial branch to enforce our State Constitution. It

is time for the State to be reminded of just who controls our collective

destiny and that our State employees are paid to execute the will of the

people".

The NATF intervention maintains

that this $822 million bond is unconstitutional, illegal and a clear abuse

of the democratic process. It says that in 1972, the people of Georgia

voted to amend the State Constitution to specifically and expressly prohibit

the type of financial manipulation being proposed in this bond issue,

but instead of being approved by the entire General Assembly - as required

only five of whom are elected by the people. The NATF says, "This

funding scheme creates massive bond debt for Georgia and excludes its

citizens from the decision-making process by circumventing the General

Assembly's sole authority to authorize State debt."

"This is the first time

this scheme has been used in a bond issuance, and we must stop this unconstitutional

funding manipulation dead in its tracks," said Gerry Conway, co-chair

of the NATF. "It is the first part of over $5.7 billion in bond debt

to be requested. This is also the same funding mechanism that the governor

wants to use, at least in part, to finance the northern arc. It sets a

dangerous precedent from which there is no return."

The NATF also maintains that

the contract to transfer funds from GDOT to SRTA in this bond issue is

specifically prohibited by the Georgia Constitution. In 1972, during then

Governor Jimmy Carter's Administration, the people of Georgia amended

the state Constitution as follows: "Shall the Constitution be amended

so as to prohibit State institutions, departments and agencies from entering

into any contract with any public agency, corporation or authority which

such contract is intended to secure debt of such agency, corporation or

authority" See Ga. Laws 1972, pp. 1523, 1532. Thus, according to

NATF, the people of Georgia in approving the above ballot language specifically

rejected the financial manipulation underlying the Series 2002 bonds at

issue in this case.

"For a bond issue of this

historic magnitude and the additional $5 billion in bond debt planned

demanded in 1972, must be sought," said Bob Campbell, NATF Director

of Legal Affairs, one of the two interveners filing the complaint. "We,

as citizens, are outraged by this clear abuse of power. To conduct the

people's business without the democratic process of debate and voting

in the General Assembly is simply incomprehensible. It is time for the

Governor to stop running his own private DOT".

Additionally, Anderson commented,

"We're not sure why Speaker of the House, Tom Murphy, had the lone

dissenting vote at the Georgia State Financing and Investment Commission

meeting held last month, but after a thorough review of this unconstitutional

and illegal process, we agree with his vote. It is likely that the taxpayers

of Georgia may eventually be on the hook to pay for these illegal bonds;

in effect this becomes taxation without representation."

"Given the current financial

condition of the State of Georgia, it is even more critical that the General

Assembly reviews and approves our spending priorities before we incur

tremendous additional debt," said Bob Charles, Vice President of

NATF. "It is outrageous that senior state officials would undertake

a financial scheme of this magnitude when it has been expressly prohibited

the recent Enron and WorldCom scandals."

About the Northern Arc Task

Force:

The Northern Arc Task Force,

Inc. (www.natf.com) is a non-profit grassroots concerned citizens' organization

founded in January 2002 that opposes construction of the controversial

Northern Arc - a proposed 59-mile limited access east/west super highway

planned to connect I-75 in Bartow County with Hwy. 316 in Gwinnett County.

NATF is dedicated to preserving the quality of life for all Georgians

transportation improvements.

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