Listers Work To Reset Relationship With Contract Assessor

Relations between the Listers and Contract Assessor was the central topic of the Listers last meeting in September 2017, according to the draft meeting minutes. The two Listers present stressed their “willingness to work cooperatively with the Contract Assessor.”
The current tensions arose under the administration of former Town Manager Neil Fulton when he moved most of the appraising functions to a professional assessor under contract to the Town.  Mr. Fulton went so far as to remove the Listers desks from their Tracy Hall Office and renamed the Department to Assessor. The Listers, who are elected officials, felt marginalized, and appropriately so. However, in a way, the Listers dug their own grave by having a contentious relationship with property owners and by pushing litigation that lacked merit.
New Town Manager Herb Durfee has a fresh outlook and aims to bring civility to the relationship. As noted in the draft minutes of the meeting: “Durfee would like the trio of the Listers, the Contract Assessor and the Town Manager to put aside their differences, avoid saber-rattling and work together for the good of the Town in an attitude of mutual civility. All parties recognize that the Listers are ultimately responsible for the Grand List.”  Mr. Durfree did not want to amend the current contract to address specific issues in part because it expires in 2018 and conforms to the statute. He observed “the contract language should be no obstacle to the Listers and Contract Assessor working together productively.” The Town Manager plans to speak with the Contract Assessor when next in Norwich. Regarding any personality conflicts, Mr. Durfree recommended the Listers “take a gradual, conciliatory approach to this process.”

Keep the current lister/assessor mode

The Selectboard is discussing whether to keep the current lister/assessor model. I hope the Selectboard keeps that system in place. The proof is in the pudding - the current system has resulted in fewer disputes about property values, which means property owners think it is fair. The Common Level of Appraisal (CLA), as calculated by the State, remains high. A high CLA is good for all taxpayers when the State determines the Norwich school tax rate. The Town has also been smart to budget for regular town-wide reassessments, rather than expect Listers to keep pace on a piecemeal basis with changing real estate values.

Let's not forget how we got here. The increased reliance on a professional assessor came about because our elected Listers came up short.  In 2008, we saw the Bragg Hill Neighborhood Reassessment litigation, which the Town settled on terms very favorable to the taxpayers, but only for those who fought their reassessments. There was also the not so well-known dispute with the State over the practice of “sales chasing”, which the Town handily lost before an administrative board in 2011. I have reviewed in detail the public record in those cases,including the deposition testimony of the Listers regarding the Bragg Hill matter.   My view is that the Listers were in way over their head, lacking expertise and staff. Having been victimized by “sales chasing” (or more precisely, in my case, chasing real estate listings), I think the Listers action were appalling, particularly because the Listers chose to ignore direct guidance from the State. I got my money back in 2016, after three years of pro se litigation that few could afford. Many taxpayers in the same boat -- our neighbors -- got screwed and paid more than their fair share of property taxes. 

In Vermont, many towns’ Board of Listers hire outside firms to conduct town-wide appraisals. These firms employ their own staff and use proprietary software to create the Grand List. If such assistance is allowed by the statute, then I argue that the Norwich lister/assessor model is also permitted.
The statute is clear that the Selectboard cannot impose this model on the Listers against their will. Here, the Norwich Selectboard is willing to pay for the contract assessor and the results are good. What is not to like?