Montana
In some Montana counties, tax appeal boards are hard to fill
Broadwater County is pictured (Upper Missouri Waterkeeper photo)
In some counties across Montana, finding people to fill the Tax Appeal Board can be challenging, and for at least one Broadwater County resident, that’s caused some frustration when it came time to pay her property taxes.
Tax Appeal Boards are required by state law of every county and allow a citizen to appeal their property taxes. They are to be made up of, at minimum, three people appointed by county commissioners.
Broadwater County recently had one member die and another move, County Commissioner Debi Randolph told the Daily Montanan, and just one member was listed on their website last week.
Randolph said the county has addressed the issue, but not before Broadwater County resident Linde Hoff ran into a situation where she says she was unable to appeal a property tax bill this year.
When Hoff got her property tax bill this year, rooms were added to her residential home that aren’t included in the house, so she and her husband appealed. Hoff, along with her neighbors, are also in a lawsuit against another neighbors regarding junk on the property.
That’s important because because during that lawsuit regarding junk, Hoff had a private assessor come to her property and found the neighboring property was devaluing theirs. This private assessment was also used to calculate her taxes, she said.
Tax Appeal Boards are supposed to give citizens a voice in their taxes, and in nuanced situations like Hoff’s, can allow for additional information to be presented to the county.
As Cascade County puts it on their website: “The primary purpose of the County Tax Appeal Board is to review the market value assigned by the Department of Revenue and to determine if the taxed property is correctly appraised at 100% market value.”
And if it’s not, that’s when changes to a person’s taxes can be made.
Hoff learned that the Tax Appeal Board wasn’t functioning while trying to go through with the process of filing an appeal. She was shuffled around between Broadwater County and the state, eventually being told to call Lewis and Clark County about the issue. Hoff said she was told to fill out the wrong form by Broadwater County treasurer Melissa Franks.
Broadwater County didn’t comment directly on Hoff’s situation, but said the tax appeal process is “confusing” and suggested citizens should use an attorney or accountant.
Hoff did call Lewis and Clark County Treasurer Amy Reeves and was told they can’t pull up that information from other counties, so they couldn’t help.
Hoff was also in contact with the state Department of Revenue. But DOR doesn’t “really play a role in the county’s tax appeal boards,” DOR communications director Jason Slead wrote in an email.
DOR sends a letter out and people have 30 days to appeal, which they need to do through a county form referred to as an “8026,” Franks said. If a property owner doesn’t like the response they get from the Department of Revenue, then there’s a separate form a person has to fill out to appeal it to a county tax board.
Hoff filled out the first form and a state employee did come out to their property, but nothing ever seemed to come out of it, she said. She then filled out the second form, was told there would be a call if something was wrong with it, and never heard back about it.
Now, Hoff said, she was told she has no recourse and will have to wait until next year. The new Broadwater County Tax Appeal board needs to be trained, and the county said they would wait until it was closer to a time they’d meet again. Tax Appeal Boards generally meet between July and October.
There is a Montana State Tax Appeal Board, but that’s an independent board separate from DOR, with members appointed by the Governor. That board handles disagreements that haven’t been resolved in a county Tax Appeal Board, though neither Franks nor Randolph appeared to know this during an interview on Friday, something the state clearly says in a video regarding the process.
Hoff said she feels “insulted,” though county officials did meet with her on Friday, she said. Hoff has successfully appealed property taxes before.
“I feel like I’m being ripped off by my government,” Hoff said, adding that someone needs to “take responsibility.”
‘No one wants to take that on’
Board vacancies are not unique to Broadwater County, nor is it limited to county Tax Appeal Boards.
In Anaconda-Deer Lodge County, there are currently only two members of the Tax Appeal board. It’s not for lack of trying — they are looking for someone to fill the position, secretary Jessica Dailey said, but they haven’t been able to do so.
“There’s been a vacancy for quite a while now,” Dailey said. “And I mean, we advertise it in the newspaper every so often, and we just don’t get any bites. It’s almost as if no one wants to take that on.”
And small numbers of board members can also put people in odd situations. In one instance Dailey said, one Tax Appeal Board member had to make the decision on one of the other board members’ taxes. Without any other board members, there was no other option.
“It would have been super helpful if we had another member on the board,” Dailey said.
Some Tax Appeal Boards, though, have no issue filling their ranks. Lake County Tax Appeal Board Secretary Kate Stinger said it’s “probably the easiest board” she’s had to fill.
“I think that’s probably because residents are interested in property taxes and frustrated with rising property taxes and maybe that’s the impact that they can have on that situation,” Stinger told the Daily Montanan.
There has been significant noise on the property tax issue in the Flathead and a lawsuit was filed this week by multiple current and former legislators, including Sen. Greg Hertz, a Polson Republican. Rising property values in one of the most scenic parts of the lower 48 states has been an ongoing issue in the area and second homes in the state are now taxed at a higher rate.
Both Stinger and Dailey said they were seeing significant increases in the number of appeals going through their boards. Franks said she hasn’t seen one since becoming Broadwater County’s treasurer.
Blaine County, meanwhile, recently went through the process of selecting a new Tax Appeal Board member. County Commissioner Miles Hutton said that board wasn’t a huge issue to fill, but others are.
“There’s lots of boards nobody wants to serve on,” Hutton said.
Across the state, many counties have a huge number of appointed boards. In Broadwater County, for example, there’s an airport board, a broadband advisory board, a county compensation board — all intended as a method of citizen engagement.
And if people don’t apply for these positions and serve terms, it doesn’t leave counties with many options.
“We rely on those boards a lot,” Randolph said. “They do a lot of research work for us, and deal with a lot of projects, where we don’t have time to deal with the beginning steps of them, and then they come to us, which is a wonderful community service that they provide.”
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Montana
University of Montana president job draws high interest • Daily Montanan
The search for a new University of Montana president has drawn more than 60 applicants, according to a spokesperson for the Office of the Commissioner of Higher Education.
“We do not have an exact count at this time, as several applications are still being completed and additional submissions are expected,” said spokesperson and Deputy Commissioner Galen Hollenbaugh in an email earlier this week.
In January, then-UM-President Seth Bodnar announced his resignation to pursue other public service. Wednesday, the final day of filing, he announced he was running as an independent for the U.S. Senate to try to unseat Republican incumbent Steve Daines.
Commissioner of Higher Education Clayton Christian earlier said that with the advice of AGB Search, a firm that’s helped the Montana University System conduct other executive searches, he would undertake an expedited process to appoint a new president.
Christian has been providing brief updates on a website dedicated to the search. Last week, he said he and AGB Search are reviewing applications, and the pool of candidates was “strong and diverse.”
The commissioner also announced he was convening a small working group to assist in the search, members who “represent a variety of perspectives to assist in vetting and narrowing this field of exceptional candidates.”
In an email this week, Hollenbaugh identified the members of the working group who are assisting Christian with application review as:
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- ASUM (Associated Students of the University of Montana) President Buddy Wilson
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Montana
Montana Supreme Court allows ballot measure on initiative process to move forward
HELENA — The Montana Supreme Court has ruled in favor of a proposed ballot measure intended to simplify the process for introducing ballot measures in the future.
Justices ruled 5-2 that the measure, currently called Ballot Issue #8, did not violate state requirements that a single constitutional amendment can’t make multiple separate changes to the Montana Constitution.
“We’re very grateful to the Montana Supreme Court for agreeing with us that the attorney general’s finding of legal insufficiency for Ballot Issue #8 was incorrect,” said SK Rossi, a spokesperson for Montanans Decide, the group sponsoring the measure.
Montanans Decide argues the Montana Legislature has passed laws making it harder for the public to propose and pass ballot issues. The Montana Constitution already guarantees the people the right to pass laws and amendments through ballot measures, but Ballot Issue #8 would expand that to include a right to “impartial, predictable, transparent, and expeditious processes” for proposing those measures. It would seek to prevent “interference from the government or the use of government resources to support or oppose the ballot issue.”
Attorney General Austin Knudsen’s office argued the measure “implicitly amended” multiple provisions in the state constitution, including by limiting the “power and authority of public officials to speak officially on ballot issues that affect those officials’ public duties” and by putting restrictions on judges and on the Legislature. Montanans Decide, the group sponsoring Ballot Issue #8, disagreed – and the majority of justices sided with them.
“Its provisions operate together to define and protect a single constitutional right—the people’s exercise of initiative and referendum,” wrote Justice Katherine Bidegaray in the majority opinion. “They are closely related components of one constitutional design.”
Bidegaray’s majority opinion was joined by Justices Jim Shea, Laurie McKinnon, Beth Baker and Ingrid Gustafson.
Chief Justice Cory Swanson and Justice Jim Rice each wrote dissenting opinions, saying they would have upheld Knudsen’s decision to disallow Ballot Issue #8. Rice said the language restricting government interference with a ballot issue was not closely related and should have been a separate vote. Swanson agreed with Rice and said the measure’s attempt to fix a timeline for legal cases surrounding ballot measures was also a separate substantial change.
In a statement, Chase Scheuer, a spokesperson for Knudsen’s office, reacted to the decision.
“This decision only further muddies the courts’ jurisprudence on ballot issue questions,” he said. “This initiative would violate the separate vote requirement by amending multiple parts of the Montana Constitution, but the court contradicted its prior rulings. Attorney General Knudsen will continue to neutrally apply the separate vote requirement in his review of ballot initiatives.”
The court’s decision means that Knudsen’s office will now need to approve ballot language for Ballot Issue #8. Once that language is finalized, Montanans Decide could begin gathering signatures to qualify the measure for the November ballot.
However, last year, sponsors of another initiative went to the Supreme Court to argue that the ballot statements Knudsen prepared were misleading. If Montanans Decide object to their ballot statements, that could further delay signature gathering while the case plays out in court.
“Regardless, we’re going to push as hard as we can to get those petitions into the hands of voters and let them sign and support if they so choose,” said Rossi.
Rossi said the legal battle this measure has gone through – and the possibility of more to come – shows why Ballot Issue #8 is needed.
“The state Legislature, and also statewide elected officials, have taken every opportunity to create burdens and hurdles and rigamarole for campaigns to get through in order to just get to the signature gathering phase, and then to get through the signature gathering phase onto the ballot, and then get through the election phase,” said Rossi. “The reason we filed this initiative is just to make sure that the process is simple, that the timeline is clear, and that Montanans can have their will heard when they want to propose and pass laws that they deem worthy.”
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Jacobsen’s announcement sets up a new contest for the open seat after Zinke, a Republican, said he would seek reelection.
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