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APPEAL YOUR
ASSESSED PROPERTY VALUE
SPOKANE COUNTY
BOARD OF EQUALIZATION
Refused to
forward to me the full names of all Spokane County Board of Equalization
members, their backgrounds and qualifications, including copies of their
applications to the Spokane County Commissioners. Board of equalization members are political appointees, not civil
service employees, and are not exempt from the Washington State Public Records
Disclosure Act. RCW 42.17.340 Not
to furnish this information is a violation of the Washington State Public
Records Disclosure Act, other Washington State open public records laws and a civil rights violation.
The Spokane
County Commissioners violated the Washington State Public Records Disclosure
Act by not making available copies of applications for board appointments. Apparently, Spokane County Board of Equalization members
do not need to have any qualifications.
PAWS v University of Washington,
125 Wn.2d 250, 884 P.2d 592 (1995)
The stated
purpose of the Public Records Act is nothing less than the preservation of the
most central tenets of representative government, namely, the sovereignty of
the people and the accountability to the people of public officials and
institutions. Without tools such as the
Public Records Act, government of the people, by the people, for the people,
risks becoming government of the people, by the bureaucrats, for the special
interests. RCW 42.17.251
The
Legislature takes the trouble to repeat three times that exemptions under the
Public Records Act should be construed narrowly. RCW 42.17.010 (11),
RCW 41.17.251, RCW 42.17.920 The Legislature leaves no room for doubt
about its intent.
The people of
this state do not yield their sovereignty to the agencies that serve them. The people, in delegating authority, do not
give their public servants the right to decide what is good for the people to
know and what is not good for them to know.
The people insist on remaining informed so that they may maintain
control over the instruments that they have created. The public records subdivision of this chapter shall be liberally
construed and its exemptions narrowly construed to promote this public
policy. RCW 42.17.251
Attorney Fees and Penalties
The Public
Records Act provides, in part:
Any person
who prevails against an agency in any action in the courts seeking the right to
inspect or copy any public record...shall be awarded all costs, including
reasonable attorney fees, incurred in connection with such legal action.
As to
penalties, the statute specifies that “it shall be within the discretion of the
court” to award to a requester who prevails against an agency not less than
$5.00 and not more than $100.00 for each day the requester was denied the right
to inspect or copy the public record.
RCW 42.17.340 (4) We
note that, as we have previously observed, “‘strict enforcement’ of fees and
fines will discourage improper denial of access to public records.” 114 Wn.2d 686
(quoting Hearst, 90 Wn.2d 140.
VIOLATES WASHINGTON STATE OPEN PUBLIC MEETINGS ACT
The Spokane
County Board of Equalization violates the Washington State Open Public Meetings
Act. After hearing the appellant, they
go into closed session to discuss and then vote on the assessed property
valuation.
Hearings – Open sessions – Exceptions WAC 458-14-105
(1) All board
hearings shall be open to the public unless a party requests that part or all
of a hearing be conducted in closed session in accordance with subsection (2)
of this section.
(2) If one of
the parties intends to introduce evidence obtained under RCW 84.40.340 or
confidential income data exempted from public inspection pursuant to RCW 42.17.310
and requests that the hearing be closed to the public, the board shall conduct
the hearing in closed session, to the extent necessary to protect and preserve
confidentiality.
SHOWS IGNORANCE AND INCOMPETENCE
I was asked
to present my case, but was continually interrupted by the board members and not
allowed to call the appraiser as a witness regarding appraisal documents with
no dates.
Residential
property is usually appraised using the market approach to value. Under the market approach, value is
determined from sales of similar property.
Thus, when boards hear valuation appeals, they must look at actual sales
of similar property. RCW 84.40.030
At my
hearing, the appraiser introduced eighteen properties with recent sales prices
that were supposedly compared to my property.
When I introduced evidence that three of those properties had more
recently sold for considerably less, the board chair stated, “That has
nothing to do with the value of your property, absolutely nothing.”
WITHOUT PERMISSION OF
SPOKANE COUNTY COMMISSIONERS
AND IN VIOLATION OF
WASHINGTON STATE OPEN PUBLIC MEETINGS ACT,
VOTES IN CLOSED SESSION TO HAVE CLERKS FILE
RESTRAINING ORDER.
The suit was frivolous,
without merit, a nest of perjury that would have had no chance of being
successful before a jury. It was, for
all practical purposes, an indictment against my web site www.citizengadfly.com which is
protected under the first amendment to the United States Constitution – the
freedom of speech and press. A citizen
has a legitimate right and a responsibility to challenge the way government is
being operated. When an individual
makes a written demand and references a government regulation or code, this is
a legal warning that some legal course of action may be taken should the demand
not be fulfilled.
DEMANDING YOUR RIGHTS IS HARASSMENT?
If this had
been a criminal case, it would have taken the jury longer to pick a foreperson
than to reach a verdict of not guilty.
However, the biased,
incompetent, court commissioner Steven N. Grovdahl, not
elected by the citizens, did not pursue the rule of
law, but pursued a simple judgment of power in the exercise of authority. When
courts give their stamp of approval on government by patronage, there is no
bill of rights; and the courts lose any dignity they may have once
possessed. Spokane County does not have a fair and merit-based process
by which court commissioners are selected.
In Eastern
Washington State, the legal gene pool is so impoverished that arrogance has
replaced intelligence. That same
attitude has permeated government.
Demanding your rights can get you prosecuted. There is no tolerance for dissent. Dissent is deemed to be repugnant, a condemned opinion. Orthodoxy and the status quo shall be
enforced.
CONSPIRACY WITH SPOKANE COUNTY PROSECUTING ATTORNEY
Ronald Paul Arkills was employed by Spokane County as a
deputy prosecuting attorney. He was also
representing two individual private citizens in a civil restraining order
against me, filed 2004 May 11.
This was a violation of RCW 36.27.060 and a further continuation
of violations of my civil rights.
Nothing in the petition notified me that this action was being brought
by Spokane County or Washington State.
Steven J. Tucker, Spokane County Prosecuting Attorney, was
equally culpable, as he failed to control the actions of his associate.
POWER CORRUPTS
These actions are enough to warrant an investigation, hearing and trial
that should result in disbarment of Spokane County Prosecuting Attorney
Steven J. Tucker, Spokane County Deputy Prosecuting Attorney
Ronald Paul Arkills and Spokane County Court Commissioner
Steven N. Grovdahl.
Spokane County government has animosity toward rationale and
integrity. A private sector employer
hiring any of the aforementioned would be successfully sued for negligent
hiring and negligent retention.
SPOKANE COUNTY BOARD OF
EQUALIZATION HEARING
2004 May 10
Terry Kjolseth, chairperson
Robert A. Kroboth, petitioner
Kroboth: I'd like to ask you a couple of questions
first. You say, you take these under advisement,
when do you meet, later on?
Kjolseth: We have a closed session immediately after the
hearing where the board discusses the case, then we vote on it by a motion and
by vote.
Kroboth: Is that open to the public?
Kjolseth: No.
Kroboth: Alright, are you paid?
Kjolseth: Yes.
Kroboth: How much?
Kjolseth: I don't think that is any of your business, sir.
Kroboth: Are you civil service employees?
Kjolseth: Nope.
Kroboth: Thank you.
Kjolseth: By the way, the pay is very small.
Kroboth: That part doesn't matter, you are not a civil
service employee.
Kjolseth: Nope.
Kroboth: I demanded your full names and I didn't get that
from anybody on the list.
Kjolseth: Well, you can write it down, they’re right here in
front of you.
Kroboth: Well, I need this information in advance, just like
you need your information 10 days in advance.
Also, when you applied for these jobs, you filled out an application
form for the…INTERRUPTED
Kjolseth: We’re appointed by the county commissioners.
Kroboth: I know, and you filled out an application form. I demanded copies of that and I haven’t
gotten them.
Kjolseth: You're not going to get’em either, because we don't
have to give’em to you.
Kroboth: Well, that’s another court issue.
Kjolseth: Do you want us to hear your case, sir? We're here to hear your case.
Kroboth: I'm going to go into that right now.
Kjolseth: OK.
Kroboth: This appears to be a worksheet.
(not intelligible)
Kjolseth: You need to address the board, sir.
Kroboth: Well, it doesn’t have a date on it.
Kjolseth: That was, I think, a worksheet for you to fill out.
Kroboth: No, this is a worksheet that's filled out here at
the county, I’ve got here another one that’s typewritten. That is not of my filling out…INTERRUPTED
Kjolseth: I’ll tell you what, lets not (not intelligible)
about dates and this and that, we're trying to get to a fair market value for
your property.
Kroboth: What I’m trying to show is that it’s just a drive-by
shooting, and that these pages that he sent me since, pictures of comparable
homes, was done later.
Kjolseth: We'll ask the assessor’s officer to address that,
then.
Kroboth: I just want it on the record.
Kroboth: OK, this is a home that my mother bought in 1942,
during World War II. There was an attic
up there. She built a small apartment
up there, basically a one room apartment with a division. There was a housing shortage then, she
rented out the room for $55.00 a month.
That would be like $400.00 a month now.
Nobody would pay $400.00 a month now.
The most they would pay would be $200.00 a month, and that's what it
costs to heat the place during the winter time with base board heat; and
anybody that would only pay $200.00 a month, you don't want to bother with them
anyway, because they aren't going to be paying their rent. The point I want to put out is, when your
patriotic, it’s like being taxed for the next 100 years or longer because you
had a victory garden during world war II.
As far as Jerry Boorman goes, he sent me, I think it was, 18 of
these pictures of comparable homes and prices.
I have shown you on 3 of them that they’ve been sold since then for less
than that amount. I don't need to go
into detail. Here’s one [Exhibit
K-8B] $23,682.00; [Exhibit K-9B] $9,300.00…INTERRUPTED
Kjolseth: One sold for $9,300.00?
Kroboth: Less! Have
you read this? I gave you copies of
this.
Kjolseth: I haven’t read all the way through.
Kroboth: Well, then you should know that. I didn't figure I would have had to point
out each one individually. [Exhibit
K-8B] 1129 W Grace sold for $23,682.00 less…INTERRUPTED
Kjolseth: What date?
Kroboth: June 21, 2002.
Kjolseth: It sold for $23,000.00?
Kroboth: $23,682.00 less than the assessed valuation.
Kjolseth: That has nothing to do with the value of your
property, absolutely nothing.
Kroboth: Keep talking.
Kjolseth: Remember, when I read the opening statement, the
rules under which we must abide, the state laws.
Kroboth: That’s fine.
Lets just get it over with, just get it on the record…INTERRUPTED
Male Board Member: Let’s get this on the record. That house sold for $75,663.00!
Kroboth: On what date?
On what date?
Male Board Member: On what date?
It was November 29, 2001.
Kroboth: OK, this is a later date, June 21, 2002…INTERRUPTED
Kjolseth: You’re talking $23,000.00 less that the assessed
value.
Kroboth: That’s what it sold for. It sold for $39,618.00.
That’s $23,682.00 less that the assessed valuation.
Kjolseth: What was the sale price?
Kroboth: $39,618.00.
You should have this right in front of you.
Kjolseth: I probably do, I didn't memorize it.
Kroboth: Well, I thought you’d be looking at it right now.
Male Board Member: What’s the condition of the house?
Kroboth: I don't know, mine’s just a drive-by shooting like
Jerry Boorman’s.
Male Board Member: No. Your
house.
Kroboth: Well, it’s a 100 years old. It’s like any house a 100 years old. It’s been depreciating for 50 years. It’s been decreasing in valuation. It leans to one side. It’s not worth spending any money on it.
Male Board Member: I’ve driven by your home.
Kroboth: Fantastic.
Male Board
Member: I’ve driven by your home and
I am an appraiser. I want you to know
that I have been an appraiser for 14 years.
That’s on the record.
Kroboth: I don’t have anything, papers that any of you have
been appraisers.
LAUGHTER BY THE BOARD
Male Board Member: We don’t need to prove that to you, sir.
Kroboth: You don’t need to prove that to me, OK. Well, lets go on to the next one. I’d like to get this over with…INTERRUPTED
Male Board Member: I have some questions. We’ve all read this over.
Kroboth: Well apparently you haven’t. I am sure answering a lot of questions. I think that we can skip through this pretty
fast. The house at [Exhibit K-9B] 1114
[W Jackson Av] sold for $9,300.00 less than assessed valuation. [Exhibit K-10B] 1225 W Jackson Av sold
for $20,350.00 less that the assessed valuation…INTERRUPTED
Kjolseth: That is immaterial, as I mentioned.
Kroboth: OK, let’s get it over with. Here’s property at [Exhibit K-11] 1030
W Grace, it just sold for $12,900.00 less than assessed valuation, and this was
sold on December 19 February 19, 2004.
This shows 4 properties in the neighborhood, 3 of them that
Jerry Boorman has compared that are actually going down in assessed
valuation; and he says he compares my house with these other 18 and this is 3
of them; and then there are some commercial properties here…INTERRUPTED
Kjolseth: Those aren’t even comparable, sir. You can't even use the commercial property
when your comparing with residential property, not even an issue.
Kroboth: Well, the Washington State constitution says that we
only have one class of property for taxation, so you are wrong; and I am
showing you the rest of these. These commercial
properties and upscale neighborhoods are being assessed at a lot less than the
purchase price. So, consequently, we
have a tax schedule that considers the ability to pay that is reversed. And, since I don’t have and didn't get
promptly the records of your qualifications, I am assuming that none of you are
qualified.
Kjolseth: You can assume anything you like, sir.
Linda Kovich,
clerk of the board: (not intelligible, this is a
guess at what she said) I would like to state for the record that a letter from
this board was sent to Mister Kroboth, stating that this board does not have to
disclose any of its personal information or applications. The information was sent and all of Mister
Kroboth’s requests have been addressed in writing and information was provided
based on what was lawful to be provided, and the names were provided.
Kjolseth: Just for your information this board is very, very
well qualified. I’ve been a real-estate
broker for 36 years.
Kroboth: I didn’t get any information in advance.
Kjolseth: Well, I don’t care.
Kroboth: I realize that.
Kjolseth: I’m just telling you. We don’t have to give it to you.
I’m just telling you.
Kroboth: That’s all right.
It’s all on record for a future court date.
Kjolseth: We have several other members that are equally as
experienced as I am.
Male Board Member: What do you want to do, sue us, or do you want to
know what…?
Kroboth: That will come at a later date, we’ve got it all on
record, that’s all that’s important.
(not intelligible)
Kjolseth: We are trying to help you.
Kroboth: No, you’re not trying to help me, you are part of
the system, you are abusing the system.
You are political hacks.
Kjolseth: OK.
Male Board Member: If you do that one more time, I am going to request…
Kroboth: Is this meeting over?
Kjolseth: As far as you are concerned, it is.
SPOKANE COUNTY BOARD OF
EQUALIZATION
by Robert A. Kroboth www.citizengadfly.com
Please print and distribute copies of this publication and put this
link on your web site.
www.citizengadfly.com/DOCS/N/N-SPOKANE-COUNTY-EQUALIZATION.htm
popular information,
or the means
of acquiring it,
is but a prologue
to a farce
or a tragedy;
or, perhaps both.