Law introduced for appointed assessor

At a workshop, Thursday, Aug. 14, the Town Board introduced its third proposed local law of the year, this one to change the elected assessor position to an appointed one.The proposed law is titled “A Local Law Providing for the Appointment of a Sole Appointive Assessor Pursuant to Article 3 of the Real Property Tax Law.”The town’s last elected assessor, Ron Gazzoli, died in May. The town then hired North East’s Katherine Johnson as a three-month interim assessor. On Aug. 8, when Johnson’s position expired, the town hired Kathleen Myers for the remaining three months before November’s vote. Public commentBefore it was discussed by the board, the subject was addressed during public comment by resident and former supervisor and councilperson Wayne Euvrard.Euvrard is a candidate for the elected position on the coming ballot.“You have a very important option to discuss this evening,” he said. “Do you want to change the present elected sole assessor to an appointed position?“I believe the position should remain elected, otherwise you take away our voters’ rights,” he added. “While collecting signatures for my petition, 100 percent of the voters told me they want to see it remain an elected position. Otherwise, who is the appointed assessor directly responsible to?”Euvrard also addressed the town’s equalization rate, which he said is at 105 percent.“This measurement means we are over-assessed and certainly comes into play with our taxes, especially county and school taxes,” he said.Resident Michael Chamberlin followed Euvrard during public comment.“Obviously property evaluation is a sensitive area and changes in the nature of the town assessor position should not be made either lightly or without a solid town consensus of doing so,” he said.Chamberlin questioned whether changing the position at the present time would cause a legal issue, in that the position is up for election this year.“Changing an elective office to an appointive one during an election year is tantamount to changing the rules in the middle of the game,” he said. “And in this such case, any such change would necessarily be proposed to be made after the electoral process has already begun. “A vacancy has been determined and a candidacy has been declared. Qualified petitions have been filed and approved and the candidacy has been certified. Attempting to convert the town assessor office from elective to appointive at this time would interfere with the electoral process, midstream, and improperly disenfranchise the voting electorate,” he said.Chamberlin closed with the thought that the board and other authorities should carefully consider potential legal issues raised by the change.Discussion and voteSupervisor Victoria Perotti moved for the introduction of the proposed law, seconded by Councilperson Vicki Doyle, and read the resolution — number 34 of 2014.According to the resolution, “the local law shall only become effective if approved by a majority of the qualified voters of the town of Amenia voting at the general election to be held on Nov. 4, 2014.”Before voting on the introduction, the board held discussion.Councilperson Gretchen Hitselberger asked Euvrard to speak at this time, as he requested from the audience.“You really need your attorney to review election law and public officer law,” he said.“She already has,” Perotti said in response.Hitselberger spoke, saying that changing the position would remove the public’s right to vote.“If you take away our elected assessor this is literally taxation without representation,” the councilperson said. “I want my town assessor to know they have to answer to the people directly.”“You can hide this in the most flowery rhetoric you want, but what you’re doing is stripping away the rights of our citizens to vote,” she added.Councilperson Stephen Perotti asked Attorney to the Town Denise FitzPatrick about the legal questions raised.FitzPatrick said the change is governed under Section 328 of the Real Property Tax Law of the State of New York. The vote came to 4-1, with Hitselberger voting no.