Chapter 2.96 ASSESSMENT APPEALS BOARD

2.96.010 Creation of assessment appeals board.

2.96.020 Duties and compensation.

2.96.030 Membership and terms of office.

2.96.040 County supervisors as members.

2.96.050 Alternates.

2.96.060 Vacancies.

2.96.070 Qualifications.

2.96.080 Mandatory training.

2.96.090 Conflict of interest.

2.96.100 Removal from office.

2.96.110 Rules of procedure and regular monthly meetings.

2.96.120 Clerk.

2.96.130 Discontinuance of assessment appeals boards.

2.96.010 Creation of assessment appeals board.

Pursuant to Section 16 of Article XIII of the California Constitution, and Division 1, Part 3, Chapter 1, Article 1.5 of the California Revenue and Taxation Code, an Assessment Appeals Board is created and established in the county of Madera. (Ord. 580 § 1(part), 2000).

2.96.020 Duties and compensation.

The assessment appeals board shall constitute the local board of equalization for Madera County and shall have the power and duty to equalize the valuation of taxable property in the county for the purpose of ad valorem property taxation, as provided by applicable law. Members of the assessment appeals board shall receive such compensation for their service as may be provided for in the county’s salary and benefits schedule resolution. (Ord. 580 § 1(part), 2000).

2.96.030 Membership and terms of office.

A. The board of supervisors shall appoint directly the members of the assessment appeals board. Approval of each member shall be by majority vote of the board of supervisors.
B. The assessment appeals board appointed pursuant to this chapter shall consist of five members. The assessment appeals board shall only act as a three-member panel. The membership of the three-member panel for each appeal hearing shall be designated in advance, by lot, by the clerk of the assessment appeals board.
C. The term of office of the members of the assessment appeals board shall be three years except that upon the original selection of the members, the members shall be assigned terms by the clerk of the assessment appeals board, by lot, in such a manner that the terms of no more than two members shall expire in any one year. Except as otherwise provided by law, upon expiration of the term of office of any member of the assessment appeals board the member whose term has expired shall continue to serve until such time as his or her replacement takes office. (Ord. 580 § 1(part), 2000).

2.96.040 County supervisors as members.

A. Up to two members of the Madera County board of supervisors who previously have served as members of the county board of equalization pursuant to California Revenue and Taxation Code Section 1601 may be appointed by the board of supervisors to serve as members of the assessment appeals board.
B. The term of office for any member of the Madera County board of supervisors who serves on the assessment appeals board shall not exceed his or her term of office as a member of the Madera County board of supervisors. (Ord. 580 § 1(part), 2000).

2.96.050 Alternates.

The board of supervisors may appoint alternate members for the assessment appeals board. Whenever any regular member of the assessment appeals board is temporarily unable to act as a member of that board, an alternate member may sit on that board and shall have the same authority to act as a regular member. The term of office for alternate members shall be three years. (Ord. 580 § 1(part), 2000).

2.96.060 Vacancies.

In the event of a vacancy in the office of any regular or alternate member of the assessment appeals board, the board of supervisors shall appoint the replacement for said member. A person appointed to fill such a vacancy shall serve for the unexpired term of office of the person he or she has replaced and thereafter may be appointed to a full term in accordance with this chapter. (Ord. 580 § 1(part), 2000).

2.96.070 Qualifications.

A person is not eligible for nomination for membership on the assessment appeals board unless he or she meets one of the following criteria:
A. Has a minimum of five years’ professional experience in this state as a certified public accountant or public accountant, a licensed real estate broker, an attorney, a property appraiser accredited by a nationally recognized professional organization, or a property appraiser certified by the state office of real estate appraisers.
B. Is a person who the nominating member of the board of supervisors has reason to believe is possessed of competent knowledge of property appraisal and taxation. (Ord. 580 § 1(part), 2000).

2.96.080 Mandatory training.

A. On and after January 1, 2001, any person newly selected for membership on, or newly appointed to be a member of, the assessment appeals board must complete the training described below prior to the commencement of his or her term on the assessment appeals board or as soon as reasonably possible within one year thereafter.
B. A member of the assessment appeals board who does not complete the training required by this section in the time permitted shall complete that training within sixty days of the date of the notice by the clerk advising the member that his or her failure to complete the training constitutes resignation from the assessment appeals board by operation of law. If the member fails to comply within sixty days of the notice by the clerk, the member shall be deemed to have resigned his or her position on the assessment appeals board. Notwithstanding the provisions of this section, a board member may continue to retain his or her position on the assessment appeals board in order to complete all appeal hearings to which the member is assigned and which commenced prior to the date of automatic resignation pursuant to this section.
C. Every person newly selected for membership on or newly appointed to be a member of, the assessment appeals board shall successfully complete a course of training conducted by either the State Board of Equalization or by the county of Madera. Training shall include, but not be limited to, an overview of the assessment process, elements in the conduct of assessment appeal hearings, and important developments in case and statutory law and administrative rules. The curriculum for the course of training shall be developed in accordance with the requirements of state law. The term “successfully complete” shall include full-time attendance at the course of training and a person’s receiving a certificate of completion given by the entity conducting the training at the conclusion of the course of training. (Ord. 580 § 1(part), 2000).

2.96.090 Conflict of interest.

No regular or alternate member of the assessment appeals board shall knowingly participate in any proceeding wherein the member has an interest in either the subject matter of, or a party to, the proceeding of such nature that it could reasonably be expected to influence the impartiality of his or her judgment in the proceeding. This section shall in no way effect the applicability of laws pertaining to conflict of interest generally. (Ord. 580 § 1(part), 2000).

2.96.100 Removal from office.

Any regular or alternate member of the assessment appeals board may be removed from office for cause by the board of supervisors. (Ord. 580 § 1(part), 2000).

2.96.110 Rules of procedure and regular monthly meetings.

All proceedings before the assessment appeals board shall be conducted in accordance with the rules of procedure set forth in Article 1 of Subchapter 3 of Chapter 1 of Division 1 of Title 18 of the California Code of Regulations, as amended, or as hereafter amended, together with such supplemental rules of procedure as the assessment appeals board may adopt. The assessment appeals board shall hold regular monthly meetings for the purpose of acting upon proposed appeal stipulations and withdrawals, and such other business as the clerk may schedule. The clerk may cancel any monthly meeting for which there is no business scheduled or for which no quorum of assessment appeals board members will be present. (Ord. 580 § 1(part), 2000).

2.96.120 Clerk.

The clerk of the board of supervisors shall act as the clerk of the assessment appeals board. The clerk shall perform the duties prescribed by law for a clerk of the assessment appeals board and provide such additional administrative and clerical services as may be necessary or convenient to the operation of said board. (Ord. 580 § 1(part), 2000).

2.96.130 Discontinuance of assessment appeals boards.

The board of supervisors may discontinue the assessment appeals board, effective as of the first Monday of September of any year, subject to any such board continuing to function until it has disposed of all matters pending before it. (Ord. 580 § 1(part), 2000).