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An Ordinance of the County of Allegheny, Commonwealth of Pennsylvania, providing for the creation of an Allegheny County Assessments Advisory Panel in order to identify, anticipate, and remedy issues pertaining to the system of property assessment utilized in Allegheny County.
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WHEREAS, Allegheny County's sole means of collecting tax revenues to fund its operations and capital expenditures is through the property tax; and
WHEREAS, maintaining equity and uniformity within the system used to assess properties within the County is of paramount importance to both the County and the individuals and companies that own property here; and
WHEREAS, the assessment system has been subject to numerous alterations, revisions, and court challenges since 2000; and
WHEREAS, on June 6, 2007, the Allegheny County Court of Common Pleas held that the state law allowing the use of a base year assessment system violates the Pennsylvania Constitution;
WHEREAS, this ruling has left both the County and its property owners uncertain about the future of property assessments in the County; and
WHEREAS, it is the desire of Council to have access to extensive information regarding the current system of assessments, the issues surrounding any changes that may take place, and potential alternative systems of assessments;
The Council of the County of Allegheny hereby enacts as follows:
Section 1. Establishment of Allegheny County Assessments Advisory Panel.
There is hereby established a seven (7) member Allegheny County Assessments Advisory Panel (hereinafter "Panel" or "the Panel"). The Panel generally shall be empowered to study and make recommendations to Allegheny County Council with regard to the identification, anticipation and remediation of issues that arise in connection with the current system of assessments, changes that may take place to that system, and potential alternative systems of assessments.
The President of Allegheny County Council shall nominate each of the seven members of the Panel no later than August 28, 2007. Appointees shall be confirmed by an affirmative vote of at least a majority of the seated members of Council.
Section 2. Member Qualifications.
Members of the Panel shall be shall be voters of the County both before and throughout their service, and no more than three (3) of the members shall have the same political party affiliation. Members of the Panel shall each have experience relevant to the operation, administration, or selection of a system of property assessment in Pennsylvania. Relevant experience shall include, but not be limited to:
A. Past service on a body that reviewed appeals of property assessments;
B. Significant experience with Pennsylvania assessment or property tax law;
C. Significant experience in the real estate industry;
D. Significant experience in the assessment industry.
Section 3. Prohibitions.
No more than one member of the Panel may be a County Officer or employee.
Section 4. Terms of Office.
The initial members of the Panel shall be appointed to terms to expire on March 31, 2008.
Section 5. Filling of Vacancies.
In the case of a vacancy, the President of Allegheny County Council shall, within thirty (30) days of the vacancy, make an appointment to fill the unexpired term.
Section 6. Removal.
Panel members may be removed only for cause by County Council. Any Panel member so removed may request, and be granted, a hearing before the County Council at which time such member may show cause why he or she should not be removed.
Section 7. Organization of the Panel.
Within thirty (30) days of the appointment of the Panel, the appointed members shall convene at a time and place of their choosing. At this meeting, the Panel shall elect on of its members as Chairperson.
Section 8. Quorum.
Four (4) Panel members shall constitute a quorum for the transaction of business. The Panel shall conduct no business except in the presence of a quorum.
Section 9. Compensation.
Members of the Panel shall receive no compensation for the performance of their duties.
Section 10. Minutes and Records.
The Chairman of the Panel shall ensure that appropriate measures are taken to keep minutes of the Commission's proceedings. Such records shall be kept and preserved in accordance with applicable law.
Section 11. Rules and Procedures.
The Panel shall offer consensus recommendations to Council with regard to any issues that arise with respect to the identification, anticipation and remediation of issues that arise in connection with the current system of assessments, changes that may take place to that system, and potential alternative systems of assessments. These consensus recommendations shall be agreed upon by a vote of a majority of the Panel members present, and the Chair of the Panel shall only vote in the event of a tie. Consensus recommendations may be offered in writing to Council for distribution at any Regular Meeting of Council.
The Panel shall also offer two cumulative reports of their consensus recommendations. These cumulative reports shall identify the issues raised, the recommendations for remedying these issues, and what progress has been made in remedying these issues. The cumulative reports shall be issued to Council in writing no later than December 31, 2007 and March 1, 2008, respectively.
The Panel shall adopt other necessary procedures and rules of conduct for its activities within thirty (30) days of its first meeting.
Section 12. Administrative Support.
The Council shall furnish to the Panel such clerical assistance and supplies as may be deemed reasonable by the President.
Section 13. Limitations.
The Panel shall serve in a purely advisory capacity to Allegheny County Council. Nothing in this Ordinance shall be read or construed to empower the Panel to in any fashion establish or change any policy, procedure, or rule pertaining to the County's system of property assessments, or to define or otherwise alter the rights, duties or obligations of any individual, County department or office, or any other entity.
Section 14. Severability.
If any provision of this Ordinance shall be determined to be unlawful, invalid, void or unenforceable, then that provision shall be considered severable from the remaining provisions of this Ordinance which shall be in full force and effect.
Section 15. Repealer.
Any Resolution or Ordinance or part thereof conflicting with the provisions of this Ordinance is hereby repealed so far as the same affects this Ordinance.