Bedford appeals process under fire

BEDFORD - As two commissioners hesitate to approve new property values, the process the appeals board is using in the county reassessment - and the issues it raises with the Sunshine Act and Right to Know Law - came under question Tuesday.

When asked by members of the Bedford County Taxpayers' Association how commissioners were handling the more than 5,000 appeals filed, Commissioner Gary Ebersole stated that the board was given "homework" by Chief Assessor Melissa Stultz - basically, her recommendation on the properties evaluated in formal appeals so far.

"Over the weekend, we were given a number of appeals," Ebersole told the 60 people who attended the commissioners' weekly meeting. "It [reviewing properties] was done in my living room."

The out-of-office deliberations were because of the large number of appeals filed and the short amount of time left before final decisions must be made.

"There are so many of them, that's why we're now taking them home," commissioners Chairman Michael Herline said. "We will be publicly approving and disapproving them."

Melissa Milewsky, media law counsel for the Pennsylvania Newspaper Association, said that as long as the commissioners are looking at the paperwork and information individually and not conferencing together, the Sunshine Act doesn't apply, "although I think it's poor government to not have any input from each other or the public."

"It's not violating the letter of the law, but I think it may invite problems with the intent of the law," Melewsky said. "There's a potential for issues. Maybe that won't happen."

After Tuesday's meeting, Commissioner Steve Howsare said that when hearing appeals in the past, the assessment office made the changes they felt necessary and the commissioners signed off on those decisions.

"[We're] not the experts," Howsare said. "She and her department are."

Ebersole and Herline both believe that land values are too high for them to approve at this time, a roadblock that could lead to a "fight," Howsare said.

The information presented by Stultz to the commissioners for consideration should be available to the public, Melewsky said.

"Whatever they are presented with becomes public the moment it is presented," she said. "It doesn't matter if they've voted on it or approved it or anything."

The commissioners should offer reasonable opportunity for the public to make comment and understand what properties are in question before votes are taken, Melewsky said.

Commissioners normally respond to appeals within five days of a hearing, but they're asking property owners to sign a waiver to allow for more time to make a decision - about two to three weeks, Howsare said.

The commissioners may hold more daily hearings and extend hours into the evenings and Saturdays instead of appointing additional appeals boards as they had discussed last week, Howsare said.

Mirror Staff Writer Wendy McCardle is at 946-7520.