Group Will Review Town Assessment Procedures in Westbrook, Connecticut

WESTBROOK - Feedback received by the town after its assessor reversed 65 appeals granted by the Board of Assessment Appeals (BOAA) in 2007 led both the selectmen and assessor to take action.

After a heated discussion at the Mar. 27 Board of Selectmen meeting, selectmen unanimously voted to require Tax Assessor Ivan Kuvalanka to send individualized notices each year to property owners explaining the reasons why their properties have an increased assessment over the previous year.

Kuvalanka said the process will be time consuming but indicated he would comply.

The practice in the past was to send standard form letters to residents with only the old and new assessment figures.

"I feel the property owners should be notified why the evaluation changed after being appealed to the BOAA," said Selectman Jim Crawford.

Selectman Marie Farrell said she wanted to make a motion that would force assessor reversals back to the BOAA but Crawford said that state law would not allow this.

"We don't have the power to overrule state statue...however I strongly suspect that when the assessor has to write 196 individual letters, there won't be 196 letters next year," Crawford said.

Kuvalanka claims that the BOAA improperly acted in each case and has said that members have used favoritism toward family members and friends.

BOAA Chair Teresa Thomas has denied those accusations and said board members in 2007 only granted 65 appeals out of 265.

Kuvalanka said those appeals were mainly further reductions to properties that had already received a reduction.

Several residents have claimed that the assessor reversed all BOAA decisions without reviewing each individual property a second time.

BOAA member Tony Palermo said that after appeals were granted by the board, he was told by Town Assistant Assessor Pam Fogerty that field cards would not be changed since granted appeals would be reversed.

Others claimed that when they tried to speak with Kuvalanka, he was either unavailable or was inconsiderate.

About 42 residents affected by Kuvalanka's reversal have again appealed to the BOAA.

BOAA member Jack Philbin said it is likely the board will reaffirm their original decisions.

As a result of this ongoing dispute, Kuvalanka recommended to First Selectman Noel Bishop that the Connecticut Association of Assessing Officers, CAAO, come at no charge to review case files.

Fogerty said the board, consisting of tax assessors throughout the state, would act as an independent third-party.

CAAO President and Watertown tax assessor Carolyn Nadeau said the board's main function is to provide required formal education for assessors but they occasionally assist towns trying to hire a new assessor.

Nadeau admitted the assessor has broad authority but that the 65-year-old board has only been asked six times to review assessment decisions made by an assessor or the BOAA.

"Generally towns can work out these issues but we do go in with an objective and open mind to see whether procedures and law were followed," Nadeau said.
Panel members who will review Westbrook's cases will consist of East Hartford assessor Brian Smith who is also a CAAO instructor, Bridgeport assessor Bill O'Brien, and Nadeau.

If the law was not followed by either the assessor or the BOAA, Nadeau said her panel will "bridge the communication gap" and put "state law in a better terminology."

Neither the panel nor the group has punitive or regulatory authority, Nadeau said, adding she was unsure when the investigation would be completed.