Worried that there could be no tax measure to support transportation projects — and a possible recall if he didn’t — Fresno Mayor Jerry Dyer explained why he made a last-hour decision to submit a half-cent tax measure to be decided by voters Nov. 3.

Dyer, at a Monday morning news conference, told the media he was concerned that the Fresno County Board of Supervisors might not follow state law to avoid placing another measure, the countywide Better Roads, Safe Streets plan, on the ballot.

The supervisors meet Tuesday and will consider whether to initiate a lawsuit against a state law designed to force the countywide plan onto the November ballot, overriding the Fresno County board’s election authority.

Last week, Dyer publicly changed his mind four times about whether he would sign an ordinance to place a city-only half-cent tax measure on the ballot. The Fresno City Council voted, 6-1, at the July 30 meeting to approve sending the measure to voters.

“What I did not want to do was put two measures on the ballot at that time, that would appear to be competing or opposing measures because, again, they’re not,” Dyer said Monday.

The Better Roads, Safe Streets plan is also a half-cent tax measure to be decided by all Fresno County voters to replace Measure C, which expires June 30, 2027.

The city’s tax measure is for the general budget, not specific to traffic projects. Dyer emphasized that the city measure has a provision that it would automatically sunset if a countywide transportation tax passed. If not, the city tax measure would expire in 10 years.

Dyer explains frantic rush to the ballot

Dyer told the Bee on Aug. 3 that he would not sign the measure when it seemed that AB 1923 ensured Better Roads, Safe Streets would be on the ballot. On Aug. 4 on the GV Wire podcast “Unfiltered,” he said there may be two tax measures. On Aug. 6, Dyer sent out a news release confirming he would not sign the city tax measure. Then, at 4 p.m. on Friday Aug. 7 — one hour before the deadline to place the measure on the ballot — Dyer signed, and the city filed it with the county clerk.

As the Friday deadline approached, city staff, including City Attorney Andrew Janz, and Fresno City Council President Nelson Esparza, told Dyer that Better Roads, Safe Streets supporters had not officially filed the measure with the county clerk, causing confusion about whether passage of the state law was enough or if the ballot measure language had to physically be signed and delivered to the county clerk.

Janz sent Dyer a legal opinion about the risks of the city not submitting its own measure, and the effects of a potential county lawsuit.

“All of those were red flags,” Dyer said. “I remain hopeful that the county will do the right thing.”

In a phone call, Fresno County Clerk/Registrar of Voters James Kus told Dyer that even with the state law, the supervisors still needed to vote to place the item on the ballot, Dyer said. But, Kus told The Bee on Friday: “Unless a court tells me otherwise, the Transportation Improvement Act measure will be on the November ballot.”

After this story first published, Kus confirmed Dyer’s account of their phone call to The Bee.

“This situation requires that I have a resolution from the jurisdiction (i.e., the Board of Supervisors). And I believe I did indicate this to Mayor Dyer” Kus said.

Kus added that the supervisors “are allowed to amend the resolutions provided by staff and would vote on which resolution to forward to my office.”

“(Dyer) and the City have made what I, as a City of Fresno constituent, would consider a fiscally prudent decision to ensure that the City of Fresno has the maximum chance to maintain their services at the current level,” Kus said.

Dyer was unsure what happens if the supervisors do not take action.

“Fresno County has a mandatory duty to place the measure on the ballot,” a spokesperson for Better Roads, Safe Streets told The Bee.

The consequence of recall?

Dyer revealed what he thought might happen if he didn’t take action.

“I believe there would have been an effort to recall me as the mayor in this city, because people would have been extremely upset over the fact that we did not act when we should, and we didn’t look out for the better interest. Now that’s probably an extreme,” Dyer said.

During the July 30 debate on placing the tax measure on the ballot, Naindeep Singh — a Central Unified trustee and candidate for Fresno City Council — urged a recall of Bredefeld because of his opposition to Better Roads, Safe Streets and his maneuvering to delay. No action has taken place.

Dyer supports both tax measures

Dyer said if both the city and county tax measure remain on the ballot, he would support both.

“I’m going to be criticized for making bad decisions, but not inaction. And the other thing is, you have to be flexible enough to know when there’s new information that gets brought forward, you have to be flexible enough to be able to change a position or direction, all for the betterment of your city,” Dyer said.

Kus told The Bee that state law allows the city to withdraw its tax measure by Wednesday. The Fresno City Council would need to call a special meeting 24 hours in advance. Dyer said it is up to Esparza — or four other councilmembers — to call the meeting. Esparza did not respond to requests for comment.

City pays for poll

Before the July 30 vote, Dyer’s office commissioned a poll with FM3 to determine support for a city tax measure.

“There was no question. It was a high percentage of the population of Fresno said there is definitely a need to fix our roads in Fresno,” Dyer said.

The poll cost about $33,000, Dyer said, paid for from the city’s general purpose fund. Dyer said calling for the poll was legal as long as it took place before the tax vote.

Dyer said he would only release the poll questions and results in response to a Public Records Act request.