HomeMy WebLinkAboutMINUTES - 04261988 - 1.31 To• BOARD OF SUPERVISORS
FROM: Phil Batchelor C=tra
County Administrator Cx)sta
DATE: April 2.0, 1988
SUBJECT
Legislation: Senate Bill 2601 (Garamendi)
SPECIFIC REQUEST(S) OR RECOMMENDAT.ION(S) & BACKGROUND AND JUSTIFICATION
RECOMMENDATION•
Adopt a position in opposition to SB 26.01. by Senator Garamendi
which would allow a full Superior Court. trial on any aspects of
an assessment appeal when the decision of the Assessment .Appeals
Board is appealed by the assessee.
BACKGROUND: . .
Under current law, 'Assessment Appeals Boards are considered to be
quasi-judicial administrative agencies. As such, judicial review
of their decisions is supposed ' to be limited to a review of
whether the Board acted arbitrarily or abused their discretion or
failed to follow standards prescribed by law. Senator Garamendi l
has introduced SB 2601 which allows the trial court (Superior
Court) - to re-hear the -entire case. The bill also suggests that
only the assessee has the right to appeal . to the Superior Court
for such a ,trial de. novo. Apparently, the assessor would not
have the same right and would, therefore, be bound by the
decision of the Assessment Appeals Board.
Allowing judicial review of all aspects of an Assessment Appeals
Board hearing , substantially undermines the authority of the
Assessment Appeals. Board, .encourages a .court appeal every time an
assessee is dissatisfied with the decision of the Assessment
Appeals Board, and is inequitable in that - it appears to provide
for a trial de novo in Superior Court only for the assessee. If
it is the intent of the author to provide. for a full trial in
Superior Court, it might be .better to amend the bill to allow an
assessee the choice of either going through the Assessment
Appeals Board or immediately requesting trial in Superior Court.
In addition, whatever process is used must apply equally to the
assessee and the assessor-.
County Counsel. recommends . that the Board strongly oppose SB 2601
and this office concurs in that recommendation.
CONTINUED ON ATTACHMENT: YES SIGNATURE:
- X RECOMMENDATION 'OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE
X APPROVE OTHER
SIGNATURE S : &2ZLWz4eC°?4
ACTION OF BOARD ON ffi88 APPROVED AS RECOMMENDED OTHER
VOTE OF SUPERVISORS
,y.. . 1 HEREBY CERTIFY THAT THIS 1S A TRUE
UNANIMOUS (ABSENT ? AND CORRECT COPY OF AN ACTION TAKEN
-AYES: NDES: AND ENTERED ON THE MINUTES OF THE BOARD
ABSENT .ABSTAIN: OF SUPERVISORS ON THE DATE SHOWN.
County Administrator APR 2 6 1988
CC: County Counsel ATTESTED
County Assessor, PHIL BATCHELOR, CLERK OF THE BOARD OF
Senator John Garamendi SUPERVISORS AND COUNTY ADMINISTRATOR
Ralph Heim, Jackson/Barish
BY ,DEPUTY
M387/7-83 —