But If They Are – No Taxpayers Get Told
A Short But Painful Lesson in Municipal Finance
Generally speaking
bonds issued by state and local governments come in two flavors. General Obligation or GO bonds are back by
the full faith and credit of the governmental unit, and are the obligations of
the taxpayers. Revenue Bonds are issued
to support specific projects, and are backed by the revenues (and assets) from those
projects, hence the name. The attractive
part of Revenue Bonds is that the taxpayers are not on the hook for the
obligations.
But it turns out many
local governments and state governments have put taxpayers on the hook for
Revenue Bonds, and, oh yes,
forgotten
to mention it to the voters.
Surprised local
taxpayers from Stockton, Calif.,
to Scranton, Pa., are finding themselves obligated for
parking garages, hockey arenas and other enterprises that can no longer pay
their debts.
Officials have signed
them up unknowingly to backstop the bonds of independent authorities, the special
bodies of government that run projects like toll roads and power plants.
In all but a few situations this does not really matter,
because the project can support the debt.
But when the project cannot support the debt, uh oh.
With
many cities now preoccupied with other crushing costs — pension obligations,
retiree health care, accumulated unpaid bills — a sudden call to honor a
long-forgotten bond guarantee can be a bolt from the blue, precipitating a
crisis. The obligations mostly lurk in the dark. State laws requiring voter
pre-approval of bonds don’t generally apply to guarantees. Local governments
typically don’t include them in their own financial statements or set aside
reserves to honor them.
Case in point is Scranton,
Pa. where the city at first
refused to honor its guarantees.
Scranton’s version of a debt crisis began when a local parking
authority said it couldn’t make a bond payment coming due in June, calling on
the city’s guarantee. The authority had issued bonds in 2004, 2006 and 2007 to
finance parking garages that the city had used in a campaign to woo Hilton
Hotels and Resorts to operate a conference center downtown.
Each
time the authority issued more bonds, the city backed them with a powerful
“full faith and credit” guarantee. But by 2008 the authority had $54 million in
bonds outstanding, and was spending about 60 percent of its budget on debt
service — so much that it could not cut parking rates to compete with private
companies that set up cheaper parking lots nearby.
A
majority on the City Council refused to honor the guarantee, saying the
authority’s finances were in disarray and they wanted to strike a blow for
fiscal rectitude.
That did not turn out well.
Suddenly,
Scranton, which
has been in dire fiscal straits for years, was a pariah. Only one bank had been
willing to help it raise money, and it backed out of a $16 million deal to
provide short-term financing. Without that cash, the mayor said Scranton couldn’t make
its next payroll. The city’s fuel supplier threatened to halt deliveries of
gasoline, which would idle the police cars and garbage trucks. More than a
dozen other vendors cut off the city’s credit.
A
bond insurer, Radian Asset Assurance, started a 30-day countdown to foreclosure
on the authority’s parking garages. The trustee for the bondholders, Bank of New York Mellon, warned
that it would get a court-ordered tax increase.
Taken
aback, the mayor and City Council changed course, saying Scranton would pay the parking authority’s
debts after all. But the damage was done. The initial decision to not make the
$1 million bond payment had tainted Scranton’s
credit on all of its debts for the foreseeable future.
A large part of this is taxpayer’s fault. No it is not their fault that they were not
told or warned of the off the books guarantees, it is their fault because they
voted for craven politicians who promised near unlimited government services and
projects with no tax increases.
And no, most voters have still not learned that
lesson.