Newspaper Page Text
THE MADISON COUNTY (GA) JOURNAL. THURSDAY. JULY 9, 2009 — PAGE 5A
BOA ..cont’dfrom 1A
opportunity for the assessors to
have a judge hear their complaints.
The county attorney said the law
establishes that a judge can make
a recommendation concerning the
termination of assessors.
"But the recommendation is not
binding,” he said, adding that he
knew the BOA attorney would dis
agree. "I don’t think that (a binding
ruling) is what the statute allows.”
Pruett then outlined the charges
against the board of assessors. The
BOC’s case hinges on four primary
complaints. They say the assessors
have failed to submit tax digests by
deadline, that they failed to secure a
chief appraiser, that there has been
constant turmoil among BOA mem
bers and that a 2008 Department of
Revenue audit revealed numerous
assessment problems.
Pruett said the BOA’s perennial
failure to submit a digest — overall
county property value — in a timely
fashion is, in itself, sufficient cause
for dismissal. He noted that the
digest was four and a half months
late in 2007 and 2008, seven months
late in 2006, five months late in 2005
and seven months late in 2004.
Not all current assessors were on
the BOA for each tardy digest, but
Pruett said the four members have
shown no ability to get the digest
done on time.
"The late submission of the tax
digest is sufficient and irrebuttable
reason for removing the board of
assessors,” said Pruett.
The attorney noted that the late
digests have led to $9,391 in state
penalties for Madison County.
Meanwhile, the county govern
ment has been forced to borrow
money in recent years to operate the
government due to the late digests,
which has delayed the property tax
revenue flow. Interest payments
for those loans between 2005-07
totaled $56,567.
Pruett entered several BOA emails
and letters to the editor into evidence
Wednesday, which painted a picture
of an assessor board with significant
inner conflicts. The BOC contends
that the assessors have been too pre
occupied with inner scuffles to pay
attention to the big picture.
"That (the turmoil between
BOA members) is at the root of
a lot of these problems, hiring a
chief appraiser and getting a digest
approved," said Pruett.
Pruett pointed out that BOA mem
ber Larry Stewart submitted a letter
to the editor last June regarding the
vehicle use of appraisal staff. He
noted that assessors were working
on completing the county digest at
the time and suggested that Stewart
and other BOA members were pre
occupied with a minor matter while
a much more significant issue, the
approval of the tax digest, loomed.
That lengthy June debate included
a review of appropriate places for
bathroom and lunch breaks.
Pruett also pointed out that BOA
member Jim Escoe appeared before
the BOC to discuss removing fel
low assessor board members. Pruett
recalled that Stewart resigned from
the BOA after his recommenda
tion for chief appraiser was shot
down by fellow assessors, submit
ting another letter to the editor that
painted his fellow board members
as impossible to work with.
“... The conditions that now exist
on the board of assessors and the
assessors office make it impossible
for me to continue,” wrote Stewart.
“I have too much respect for our
citizens to continue to be a part of
this sham against them...”
But Stewart took back his resig
nation two weeks later. However,
the three remaining BOA members
wrote a letter to the BOC, asking
them to keep Stewart off the asses
sor board.
Beyond the infighting, Pruett
said the BOA for months failed
to offer a recommendation to the
BOC on a chief appraiser, a delay
that could lead to more taxpayer
expenses if the tax process falls
behind schedule again. Meanwhile,
he said a Department of Revenue
review determined that the assessors
show a tendency to "microman
age" the appraisal staff. He said the
review also revealed inappropriate
appraisal practices.
“I believe the Department of
Revenue hit the nail on the head
when they talked about this board’s
micromanaging and inability to
communicate,” said Pruett.
The county attorney said the
BOC does not relish tenninating
the assessor board, adding that the
group has no other option.
“This county has had a continuing
problem with the tax assessment
process," said Pruett. “Those prob
lems are not getting any better. It’s
getting worse.”
He said the county now has a
chief appraiser, Robin Baker, in
place, but he questioned whether
the BOA could work with Baker.
"There are grave concerns about
this board’s ability to work with this
man,” said Pruett. "... I think there
is plenty of evidence to support the
commissioners’ position that solv
ing this problem involves starting
over fresh with a new board of
assessors.”
Pruett said if the current board
is removed, commissioners should
look for people who’ve made their
mark on society and who are not
looking to make a name for them
selves, but instead working as a
link between the appraisal staff, the
BOC and the public.
"It’s time to thank these people
and say it’s time to move on,” said
Pruett.
THE ASSESSORS’ CASE
Assessor board attorney Robert
Leverett said “kicking someone out
is an odd way to thank them for
their service.”
He contended that the BOA has
been a victim of a power structure
rigged against them. He said the
BOC calls the shots on all person
nel, essentially cutting the legs out
from under the assessors.
"We concede the digests were not
submitted in a timely fashion and
generally that circumstance gives
the commissioners the discretion to
remove the assessors," said Leverett.
"The court generally should respect
that discretion. But this case is
unusual.”
Leverett said the BOC’s move
to terminate the board of assessors
was "clearly an abuse of discre
tion” and he uiged the judge not to
condone it.
"Generally under state law the
board of tax assessors has the role of
hiring and firing staff,” said Leverett.
"It just makes sense. If you give a
board certain duties, and you give
them a staff to perform those duties,
you also give them the authority
over that staff. Otherwise, it does
not work.”
Leverett said Madison County is
an example of a dysfunctional tax
assessment system, thanks to the
BOC’s grab for personnel authority
on appraisals.
"In Madison County, the board
of commissioners mns the staff in
that office,” said Leverett. “They
employ them. They hire them and
they fire them.”
The BOA formerly recommended
staff hires to the BOC, but the com
missioners recently took away that
duty after the assessors offered only
one recommendation for a chief
appraiser over several months.
The attorney said the power struc
ture is not lawful and does not reflect
the way the state intended authority
to flow in the assessment process.
The attorney said the state set up
protections for the assessors due to
the “least favored nation status” of
serving on an assessor board.
“In the pantheon of local govern
ment, that (the assessor board) is the
one position that makes being on
the board of education look like a
pretty good gig," said Leverett. “It
is a thankless position. The public
often doesn’t understand their role.
They don’t understand the values
being placed on their property ...
It’s a great political sport for a board
of commissioners to attack a board
of tax assessors. That’s a great way
to rally the troops to your side.”
Leverett said the BOA ultimately
never agreed to turn over all person
nel reins to the BOC.
“I will submit to you, your honor,
that the board of assessors never
voted, back when they came under
the county personnel policy, to cede
all employment decision making
authority,” he said.
STEWART TESTIFIES
Several commissioners were on
hand Wednesday, but none testi
fied. In fact, the BOC called no
witnesses, but two people testified
for the BOA — assessor board
member Larry Stewart and long
time Athens-Clarke County chief
appraiser Geoige Hanson.
Stewart spent roughly two hours
in the witness chair Wednesday,
responding to questions from both
attorneys regarding events at the
BOA table in the past three years.
Stewart said he regretted pen
ning passionate letters to the editor
regarding conflicts among asses
sors. But he said he felt the board
had gotten beyond their troubles
and could work well together in the
future, while also showing coopera
tion with the new chief appraiser.
“There's nothing like a common
enemy (the BOC)," commented
Pruett after Stewart’s expression of
unity, alluding to the fact that all
BOA members face termination at
the hands of the commissioners.
“You could say that, but I feel
we have all learned a lesson,” said
Stewart.
Pruett questioned Stewart about
his letters to the editor, including
the piece about the appraisal staff's
use of county vehicles. Stewart said
the BOA is capable of multi-tasking
and that the vehicle discussion had
not sidetracked the digest process.
He said the vehicle discussion
ensued after appraisal staff members
were seen eating lunch in Athens
in a county vehicle. Stewart said
he recalled the BOC’s decision to
strip former commission chainnan
Wesley Nash of his county truck
for alleged misuse of the vehicle.
He recalled the BOC setting a pol
icy on vehicle use and felt that the
BOA should address the appraisal
staff’s use of vehicles. He said the
BOC failed to back the BOA on the
vehicle use policy, even though the
assessors felt they were carrying out
the BOC’s wishes. That's when he
penned the letter.
"I'm guilty of trying too hard and
caring too much," said Stewart.
Stewart said there were conflicts
among BOA members, but he said
they didn’t hinder the group in
working on the digest.
The BOA member also took
issue with the commissioners’ use
of the DOR report against the asses
sors, noting that the BOA members
called for the DOR investigation
after former chief appraiser James
Flynt’s calculations appeared “too
perfect" to believe. He said they
took their concerns to the DOR,
where officials also voiced skepti
cism over Flynt’s numbers. Stewart
said Flynt repeatedly failed to carry
out the BOA's wishes, instead stat
ing on at least two occasions that
he worked for the BOC, not the
assessors.
"How can we do the job and get
what we need done if we don't have
any input?” asked Stewart. "The
logic of that escapes me.”
Stewart said he felt pride over the
DOR report and acknowledged an
irony in its use against the BOA.
"I was very proud of the DOR
report because we were the ones
who found this (problems)," said
Stewart. “Our suspicions were con-
finned by the DOR. I felt we were
vindicated and now the DOR report
is being used as a major instrument
against us.”
Stewart also said the BOC’s inter
ference in the personnel process
hampered efforts to find a new chief
appraiser, adding that people have
run from the job, fearing the BOC’s
involvement. He said he doesn’t feel
the assessors were guilty of micro-
managing the assessor staff.
“When you’re charged with the
responsibility we’re charged with,
you need to know what the people
who carry out that responsibility are
doing in general,” said Stewart. “I
don't view that as micromanaging."
HANSON TESTIFIES
After a lunch break Wednesday,
Leverett called on Hanson, who
offered his expertise on behalf of
the BOA.
Hanson said in his opinion, the
county board of commissioners
should be kept out of the chain of
command regarding the tax assess
ment office.
“It’s not a good idea (to have
the BOC involved) because it puts
political pressure on the appraisal
staff,” he said.
Hanson told the court that he
had known several candidates who
turned down the opportunity to
work as chief appraiser in Madison
County, because, he said, “nobody
wants to work with the BOC.”
He said the county has a certain
reputation in the state, and that he’d
like to see that turned around.
“At some point, it (tax assessment
process) has to start working right in
order to be right,” Hanson said.
Hanson noted that probably no
more than 20 percent of the coun
ties in the state have their digest
complete by the August 1 deadline
each year.
He noted that communication
between all county officials is key
to an effective tax process.
Hanson said it's important to have
people from different sectors of the
county who are each able to provide
insight, noting that for example, the
Athens-Clarke County Board of
Assessors is made up of someone
from the farm community, a former
city treasurer, a former voter regis
trar and members of the corporate
community.
He allowed that a "micro-man
aging” BOA can chase off good
chief appraisal candidates, but said
it is “more fearful” for a candidate
when the BOC is involved in the tax
appraisal office.
He said he feels it is crucial that
the BOA have the ability to hire staff
in the assessors’ office.
Opinions
New bird nests in Athens area
By Jeff Jackson
jefTjacL6@yaboo.corn
I never saw a Mississippi
Kite until recently. Once they
were rare in these parts. Now
one is nesting in Watkinsville.
They are on the increase in
the Athens area. I heard of
a sighting last summer. Jay
Shelton told me that he saw
a few feeding with a group of
swallowtail kites in Oglethorpe
County last August. This year,
Alex Dillard described to me a
gray hawk that he saw while he
was cutting hay in Oglethorpe
County. It was a medium
sized hawk. I tried to make it
out to be a male marsh hawk
based on color. However, the
behavior did not fit. The marsh
hawk is a plodding flapper that
cruises low to the ground - to
surprise and seize rodents at
close range. This bird had the
behavior of a fighter jet, div
ing and swooping close to the
tractor to seize flushed insects.
Alex identified the bird with
the help of a bird book as a
Mississippi Kite. I was sur
prised.
I was further surprised
last week when a friend in
Watkinsville called to report
that a pair of Mississippi Kites
was nesting in his back yard.
Since my friend was a wildlife
biologist, I didn't doubt the
report. And so, the next morn
ing, as we sat outdoors, drink
ing coffee, we saw the kites
going about their business. The
nest was 60 feet up in a sweet
gum tree. One parent would
visit to feed the young while
the other would watch from
the top of another tree about 80
yards away. When, by chance,
a pair of crows came flapping
by, it left its perch to harass
them and escort them away.
A Mississippi Kite is slender
built, pearly gray, and about
14 inches long, and slightly
smaller than a crow but with
long pointed wings. It has a
coasting flight style as it slices
through the air, with sudden
adjustments of tail and wings
to dart to one side or the other.
Reports of this bird in Georgia
are mostly from the southeast
part of the state below the fall
line.
The Mississippi Kite has
been absent from the Athens
area for a long time. They
are on the increase now and
reclaiming territory lost during
the era of chlorinated hydrocar
bon pesticides and persistent
shooting by folks who consid
ered them varmints. Attitudes
toward hawks have changed.
Today they are valued. Raptors
on the increase in the Athens
area include Cooper’s hawk
and red tail hawk, which are
now common in Athens and
the surrounding counties. The
red tail began nesting on the
UGA campus in the 1980s.
The Mississppi Kites will
probably remain in the area
until late summer when they
will head for their winter
ing grounds in Argentina and
Brazil.
Jeff Jackson is a wildlife biol
ogist who lives in Oglethorpe
County.
M.A.R.T. back to school rally set for July 30
The Madison Area Resource
team is sponsoring its seventh-
annual “Madison County Back
to School Supply Drive” in
June and July.
A back-to-school rally for
low-income families will be
held Thursday, July 30, at the
Madison County Freshman
Academy cafeteria (old middle
school). The rally will consist
of a hot dog supper, entertain
ment and family enrichment
information booths. As last
year, the basic school supplies
collected during the drive will
be handed out to the school
age children at the rally. The
remaining supplies collected
will be divided and distrib
uted to each of the schools in
Madison County where school
officials will distribute to stu
dents on an as-needed basis.
Donations can be sent to
the Madison County Family
Connection office at RO.
Box 1034, Danielsville, GA
30633, and made payable to:
M.A.R.T. - Back to School
Supply Drive. Also, donated
supplies may be dropped off
at the Family Connection
Office or any county extension
office at 103 Sunset Drive in
Danielsville. For more infor
mation, call Rya
n Melton, coordinator, at
706-795-3565.
Wouldn’t you prefer your child at
Christian rap concert to a drinking club?
Dear Editor:
I would like to first ask you,
where were you Friday, and
what were you doing? I ask
that question not to get on to
you, but to get you to under
stand that something different
is not always a bad thing.
I go to New Bethel C.H.
Church in Royston and we
have a ministry that started
up, that not a whole lot of
people are fond of. Christian
Rap, or Holy Hip Hop, a
group called the New Bethel
Kings Of Crunk. This is a
very anointed group, con
sisting of three guys, John
Crocker, Sonee Bennett and
Kane Thomason, that I’m
very proud of. I attended a
concert that they did Friday
night, along with fellow
Christian rappers B. Bryant
and the 10-81 boys. Now this
past weekend, 50-plus teens
showed up to hear these guy
sing about God, in their way.
Fifty-plus teens that were not
in clubs, not drinking, not
smoking, not doing drugs,
not having sex, not stealing,
but gathered to hear about
God.
After hearing these guys
sing about the one and only,
there was a speaker, Ryan
Moon, who gave a short but
sweet message. I do believe
that two teens gave their life
to God that night. Now we
come to the main reason I
wrote this letter and hope that
it gets published.
Don’t pre-judge these new
ministries you see or hear
of until you go to a concert
and watch them do the work
that God has called them to
do. Now I’m closing in say
ing, wouldn’t you rather see
your child go to a Christian
Rap concert than to a club
with drinking, and drugs, or
a boat ramp at night that only
God knows what is going
on. Please support these new
ministries and help them
reach out to teens and young
adults everywhere.
Thank you and God Bless,
Sincerely,
Bobby Howell
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