Monday, July 08, 2019

JACKSON COUNTY EXECUTIVE FRANK WHITE RESPONDS TO ASSESSMENT PROPOSAL AND SHARES MISSOURI TAX COMMISH E-MAIL LEGAL RESPONSE!!!



Here's the latest reaction and more info from the Courthouse regarding a proposal and a quote from the Missouri Tax Commission . . .

Jackson County Executive responds to assessment proposal

KANSAS CITY, Mo. – Jackson County Executive Frank White, Jr. has issued the following response to an assessment proposal introduced by a member of the Board of Equalization (BOE) at today’s meeting:

“The County remains committed to ensuring that the assessment process is both fair and accurate. The proposal discussed at today's Board of Equalization's (BOE) meeting proposes to set arbitrary caps on valuation increases, regardless of the property's true value. However, state law requires the BOE, like the County Assessor, ensure properties are assessed at their true value.”

Due to statements regarding the support of the State Tax Commission (STC), the County requested the STC's assistance in clarifying its position on this matter. Maureen Monaghan, general counsel for the STC, provided information and authorized the County to release the information to the media. Her email is attached.

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Text of the e-mail attached to the County Presser:

From: Monaghan, Maureen
Sent: Monday, July 8, 2019 3:46:35 PM
To: Gail McCann Beatty
Subject: EXTERNAL BOE

Gail –

BOE members take an oath to fairly and impartially equalize the valuation of all real estate and tangible personal property. BOEs hear complaints and equalize the valuation and assessments so that all the property shall be entered on the tax book at its true value.

BOEs may engage in intra-county equalization in order to assure properties are at true value.

Mr. Preston indicated he had a plan. Since I do not have market information regarding real estate valuation in Jackson County, I could not opine on the merits of his plan other than to reiterate that the BOE may engage in equalization to establish true value.

BOEs, engaging in equalization, may find their determinations of value subject to an appeal based upon discrimination. I’ve included some decisions below. I apologize for the formatting but I’m cutting and pasting from old memos.


Saye v. Schneider, 35 Proceedings and Decisions 522 (Appeal number 1978-1116 (1980))

SYNOPSIS: Complainant contended that his property was unfairly assessed because the Board of Equalization reduced assessments for a number of neighboring properties but did not reduce the assessment of his property. The Commission found that the Board of Equalization had the duty of intra-county equalization and was exercising this duty when it made the assessment adjustments. Complainant did not present sufficient information to prove that the intra-county equalization was conducted in a discriminatory manner vis-a-vis his property.

State ex rel. Stone v. Christian County Bank, 234 Mo 194, 136 S.W. 335 (1911)

SYNOPSIS: In their, case, the taxpayer is appealing his assessment which was raised along with all other property in the county by an equalization order issued by the county board of equalization. The court held that the order was judicial in character and could not be attacked collaterally, and the notice for hearing on the raised assessments was published in accordance with statute. Judgment affirmed.

More recently, in Walter-Kroenke v. State Tax Commission of Missouri (attached) the court said

In May Department Stores Co. v. State Tax Commission, 308 S.W.2d 748 (Mo.1958), our Supreme Court upheld the St. Louis County Board's reassessment of certain commercial property without a prior county-wide reassessment. The court in May noted that boards of equalization were not only authorized but required to raise the valuations of "all tracts which it deems to be returned at 'below their real value.' " Id. at 760. Thus, there was nothing improper about the Pike County Board increasing the value of certain property without a comprehensive reassessment

Maureen Monaghan
Chief Counsel
Missouri State Tax Commission
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Developing . . .

15 comments:

Anonymous said...

She lays out the cases that are very clear cut. The County does have room to maneuver and adjust the assessments.

Anonymous said...

Frank can admit no wrong. He's a complete screw up. How does this all shake out if the BOE can't physically hear all these thousands and thousands of appeals? It sounds like the staff can't even get all the emails opened to download all the paperwork, process the appeal forms and then schedule the actual hearings.

Anonymous said...

Can anyone in this mess give a simple yes/no answer to these questions? Does the law not require a physical inspection of the properties which the county apparently didn't do? Why did the assessor need days to prepare a presentation to explain the process the county used to reassess property values, when the reassessment notices had already apparently gone out? And what is the deadline for the BOE to hear all these appeals? Is it physically doable?

Anonymous said...

Everyone with money should move out of Jackson County, then the assessment problem will be fixed!! The ghetto will remian and once they fix that huge shit problem that they will never fix you can move back if you are dumber than the first time you threw down roots in this cow town without promise. KCPD and KCFD employees are FORCED to live within the city limits for voting expectations within the corrupt local government that extends all the way out into the county, so once everyone with money moves out, the problems within both of those departments will either get fixed or you will see the truth of the real local corruption and be damn glad you moved!!!

Anonymous said...

It's time to scrap this Jackson County form of government. It's a failed experiment. The county executive is given too much power. Too many of them have been corrupt or incompetent or both. They're paid too much to then turn around and pay a chief of staff even more to actually run things.

Let the voters vote for the assessor and collector. Eliminate the county executive position. Let the Legislators appoint a professional manager who must answer questions, be accountable and can be fired.

Anonymous said...

I'm not reading anything in all this that says the BOE can't do what was suggested this afternoon. The BOE isn't supposed to answer to the executive, though it is common knowledge at the courthouse that one of Frank's stooges tells the BOE staff what to do.

Anonymous said...

The attached email from the state attorney doesn’t address the proposal that Preston Smith made, I don't understand what point Caleb is trying to make. Does anyone understand this?

Anonymous said...

9;05 This is just Frank White's aces PR team at work, providing clear as mud information. But they can get you all kinds of photos of Frank standing around with people doing nothing. Just more BS we are paying for.

Anonymous said...

Proof that he and Gail Beatty are aligned. That means I wont be voting for him next election cycle. He is from our neighborhood and well, I knew his mom and sisters...oh well. He lost my vote.

Granger said...

You know, he had a really low bar to live up to with a convicted felon as his predecessor. Somehow, he still managed to under perform expectations. We need real change at the county, immediately.

Anonymous said...

Just because frank is black and has surrounded himself with equally dumber blacks still doesn’t make him look smarter, besides, he still thinks because he’s black that nobody will challenge his stupid decisions, he truly doesn’t know what to do now that people are calling out his stupidity.

Anonymous said...

But he was a heck of a baseball player, and if you can play baseball, you can do anything!

Anonymous said...

7:32, Missouri statute 137.130 reads in part: " whenever the assessor has insufficient information to assess any real property, the assessor or an employee of the assessor shall assess the property based upon a physical inspection or on the best information the assessor can obtain...."

So no, a physical inspection of the property is not a universal requirement.

Anonymous said...

I wonder if the idea of "assessing properties at their true value" extends to places like the Plaza who have been severely UNDER valued for years which in turn saves the owners of the Plaza 100s of thousands of dollars that the city chooses to make up for by gouging the working class?

#KorruptCity

Anonymous said...

8:23 Considering the assessor didn't use the MLS data it's hard to argue she used the best info available. Also she needed days to prepare to explain the process to the BOE and this was after this process was supposedly already used for months to finish the assesssments. That sounds like she just winging it.