RPS-13-08-00008-P Minimum Qualifications Standard for the Appointment of Directors of County Real Property Tax Services

3/26/08 N.Y. St. Reg. RPS-13-08-00008-P

NEW YORK STATE REGISTER

VOLUME XXX, ISSUE 13

March 26, 2008

RULE MAKING ACTIVITIES

OFFICE OF REAL PROPERTY SERVICES

PROPOSED RULE MAKING

NO HEARING(S) SCHEDULED

 

I.D No. RPS-13-08-00008-P

Minimum Qualifications Standard for the Appointment of Directors of County Real Property Tax Services

PURSUANT TO THE PROVISIONS OF THE State Administrative Procedure Act, NOTICE is hereby given of the following proposed rule:

Proposed action:

This is a consensus rule making to repeal section 188-4.2, and amend section 188-4.3 of Title 9 NYCRR.

Statutory authority:

Real Property Tax Law, sections 202(1)(I) and 1530(3)

Subject:

Minimum qualifications standard for the appointment of Directors of County Real Property Tax Services.

Purpose:

To enhance the required minimum qualification standards in terms of education and experience for individual seeking appointment to the position of County Director of Real Property Tax Services.

Text of proposed rule:

The State Board of Real Property Services amends Part 188 of Title 9 of the Official Compilation of Codes, Rules and Regulations of the State of New York as follows:

Section one. Section 188-4.2 of Title 9 is hereby REPEALED.

Section 2. Section 188-4.3 of Title 9 is amended to read as follows:

§ 188-4.3 Minimum qualification standards for county directors. (a) The minimum qualification standards for county directors are [:

(b) For County Director I:

(1) (i) graduation from high school, or possession of an accredited high school equivalency diploma; and

(ii) five years of satisfactory full-time paid experience in an occupation providing a good knowledge of real property values and the principles, methods and procedures required for the assessment of real property for tax purposes, such as assessor, principal in an appraisal firm, director of a mass appraisal project, administrative position in the office of real property tax services or real property tax agent. As part of the foregoing work experience or in connection with any other work experience candidates must have had at least one year of full-time paid administrative experience involving the responsibility of planning, organizing and directing a work program; or

(2) graduation from an accredited two-year college and four years of the experience described in subparagraph (1)(ii) of this subdivision; or

(3) graduation from an accredited four-year college and three years of the experience described in subparagraph (1)(ii) of this subdivision; or

(4) an equivalent combination of the education and experience described in subparagraph (1)(ii) of this subdivision, subject to the following:

(i) one year of graduate study may be substituted for one year of the foregoing experience. No more than two years of graduate study may be applied as a substitute for the foregoing experience.

(c) For County Director II:

(1) (i) graduation from high school, or possession of an accredited high school equivalency diploma; and

(ii) six years of satisfactory full-time paid experience in an occupation providing a good knowledge of real property values and the principles, methods and procedures required for the assessment of real property for tax purposes, such as assessor, principal in an appraisal firm, director of a mass appraisal project, administrative position in the office of real property tax services or real property tax agent. As part of the foregoing work experience or in connection with any other work experience candidates must have had at least two years of full-time paid administrative experience involving the responsibility of planning, organizing and directing a work program; or

(2) graduation from an accredited two-year college and five years of the experience described in subparagraph (1)(ii) of this subdivision; or

(3) graduation from an accredited four-year college and four years of the experience described in subparagraph (1)(ii) of this subdivision; or

(4) an equivalent combination of the education and experience described in subparagraph (1)(ii) of this subdivision, subject to the following:

(i) one year of graduate study may be substituted for one year of the foregoing experience. No more than two years of graduate study may be applied as a substitute for the foregoing experience.

(d) For County Director III:]

(1) (i) graduation from high school, or possession of an accredited high school equivalency diploma; and

(ii) eight years of satisfactory full-time paid experience in an occupation providing a good knowledge of real property values and the principles, methods and procedures required for the assessment of real property for tax purposes, such as assessor, principal in an appraisal firm, director of a mass appraisal project, administrative position in the office of real property tax services or real property tax agent. As part of the foregoing work experience or in connection with any other work experience, candidates must have had at least three years of full-time paid administrative experience involving the responsibility of planning, organizing and directing a work program; or

(2) graduation from an accredited two-year college and seven years of the experience described in subparagraph (1)(ii) of this subdivision; or

(3) graduation from an accredited four-year college and six years of the experience described in subparagraph (1)(ii) of this subdivision; or

(4) an equivalent combination of the education and experience described in subparagraph (1)(ii) of this subdivision, subject to the following:

(i) one year of graduate study may be substituted for one year of the foregoing experience. No more than two years of graduate study may be applied as a substitute for the foregoing experience; and

(ii) in no case shall less than four years of experience in an occupation providing a good knowledge of real property values and the principles, methods and procedures required for the assessment of real property tax purposes be acceptable.

Section 3. This amendment shall first be applicable to terms beginning October 1, 2013.

Text of proposed rule and any required statements and analyses may be obtained from:

Philip J. Hawver, Senior Attorney, Office of Real Property Services, 16 Sheridan Ave., Albany, NY 12210-2714, [phone], e-mail: [e-mail]

Data, views or arguments may be submitted to:

Same as above.

Public comment will be received until:

45 days after publication of this notice.

This action was not under consideration at the time this agency's regulatory agenda was submitted.

Consensus Rule Making Determination

The Real Property Tax Law, as amended by Chapter 957 of the Laws of 1970 added Article 15A-Title One, entitled, “County Services to Cities and Towns”. Article 15A requires that each county (excepting Nassau, Tompkins, Rockland, and the five counties that make up the City of New York) maintain a Real Property Tax Services Agency. The head of the county real property tax services agency is known as the Director of Real Property Tax Services. The Director is appointed by the legislative body of the county except in counties where appointments are to be made by the county executive or county manager for a six year term. Directors serve statutory six-year terms, with the current terms expiring on September 30, 2013. The Director of Real Property Tax Services is appointed on the basis of his/her knowledge of the principles and methods associated with the assessment of real property and his/her executive and administrative experience. No person is eligible for appointment as Director unless he/she meets the minimum qualification standards established for such office by the State Board of Real Property Services. There are presently three classes of minimum qualification standards for appointment to the position of County Director, as follows:

“County Director I”-covering 16 counties.

“County Director II”—-covering 20 counties.

“County Director III”-covering19 counties.

Currently, the minimum qualification standards for the designation of “County Director III” are the highest and most rigorous while those standards for “County Director I” are at the other end of this spectrum. These three separate standards were based upon the complexity (i.e., the number of parcels as well as the commercial/industrial property mix) of a particular county. Part 188-4.2 and 4.3 of Title 9 contain the various standards and requirements for minimum qualifications and certification.

In 2004, the Assessment Administration Training Governance Group (www.orps.state.ny.us/assessor/training/governance/governance.htm)was chartered to, among other things, review the minimum qualification standards and suggest changes. The group is made up of agency staff, assessors, directors and at-large members with particular expertise in areas, such as adult education, appraisal, etc., that the Group deems useful to its goals. This proposal contains the recommendations of the Group. Moreover, and more significantly, this proposal was specifically requested by Ms. Carol Holley, the President of the New York State Association of County Directors of Real Property Tax Services in an October 22, 2007 correspondence to this Agency. There are only a total of fifty-five county directors' covered by Ms. Holley's request and this proposal.

This proposal would abolish the three classes described above, to be replaced by a single classification of “County Director”. The existing minimum qualification standards for “County Director I” and “County Director II” would be abolished and the remaining higher and more rigorous minimum qualification standards that currently apply to the appointment of “County Director III” would be applicable to all those individuals seeking appointment to a “County Director” position. The proposal would apply beginning with the statutory term commencing October 1, 2013.

Job Impact Statement

A job impact statement is not required for this rule making because the amendment only concerns appointed local officials whose offices are mandated by statute. The proposal has no effect on job opportunities in the private or public sector.