BOS gets power to appoint BOE

… the board of supervisors of Loudoun County may elect to appoint the members and alternate members of its board of equalization of real estate assessments.

The Loudoun Board of Supervisors on Nov. 2, 2011, unanimously approved a motion to seek legislative changes to allow the supervisors, rather than the Loudoun Circuit Court, to appoint members of the Loudoun Board of Equalization.

A bill introduced in the 2012 legislative session by Del. Joe May, died in committee. A similar measure, Senate Bill 1356, was introduced by Sen. Jill Holtzman Vogel the following year.

http://leg1.state.va.us/cgi-bin/legp504.exe?131+sum+SB1356

It transferred the power to appoint members of the Board of Equalization from the judges in the 20th Judicial District, headed by Judge Thomas D. Horne,  to the Loudoun Board of Supervisors, Scott York, Chairman. That bill passed both houses of the General Assembly unanimously and was approved by then-Gov. Bob McDonnell on March 18, 2013.

Loudoun Board of Supervisors Business Meeting

Nov. 2, 2011

1. Board of Equalization Appointments 

Request changes to the Board of Equalization statute to allow governing body appointment of BOE members in Loudoun County.

BACKGROUND:

In an effort to increase the efficiency of and to enhance County services provided to internal and external customers, the County Assessor recommends that the Loudoun County Board of Supervisors (BOS) seek legislation to enable them to have the authority to appoint the members of the Board of Equalization (BOE). BOS approval and legislative enactment of this recommendation will provide administrative oversight pertaining to fiscal, budgetary, operational, legal, and conduct related matters that are relative to all other boards, commissions, committees, and employees associated with Loudoun County Government.

If approved, this process will be consistent with neighboring Northern Virginia localities, such as Fairfax and Prince William Counties, who also have complicated and substantial real property portfolios. The legal authority governing this process in Fairfax County is outlined in 15.2-840 which primarily covers the panel system, it also refers to having the powers and duties of Article 14 (Section 58.1-3370 et seq.). For example, the Fairfax BOS established specific appointment criteria in an effort to have relevant occupational diversity on the BOE. The outcome of the selection process may result in having a builder and two attorneys, etc., as appointees and not generalist. The Fairfax BOE was established by resolution on June 12, 1968.

Fiscal Impact: None

Senate Bill 1356, Sen. Jill Holtzman Vogel, patron, 2013:

VIRGINIA ACTS OF ASSEMBLY — CHAPTER
An Act to amend and reenact § 58.1-3373 of the Code of Virginia, relating to board of equalization; Loudoun County.
[S 1356]
Approved

Be it enacted by the General Assembly of Virginia:

1. That § 58.1-3373 of the Code of Virginia is amended and reenacted as follows:

§ 58.1-3373. Permanent board of equalization.

A. Any county or city which uses the annual assessment method or the biennial assessment method authorized under § 58.1-3253 in lieu of periodic general assessments, may elect to create a permanent board of equalization in lieu of the board of equalization required under §§ 58.1-3370 and 58.1-3371. Such board shall consist of three or five members to be appointed by the circuit court of such county or city, or the circuit court having jurisdiction within such city, as follows: In the case of a three-member board, one member shall be appointed for a term of one year, one member shall be appointed for a term of two years, and one member shall be appointed for a term of three years. In the case of a five-member board, one member shall be appointed for a one-year term, one member shall be appointed for a two-year term, and three members shall be appointed for a three-year term. However, for any county operating under the county executive form of government, the number of members of the permanent board of equalization shall be no less than three nor more than the number of districts for the election of members of the board of supervisors in the county, and the members of the permanent board of equalization shall be appointed by the circuit court of such county for three-year terms. As the terms of the initial appointees expire, their successors shall be appointed for terms of three years. Members of such boards shall have the qualifications prescribed by § 58.1-3374, and shall conduct their business as required by § 58.1-3378. The compensation of the members of any such boards shall be fixed by the governing body.

B. In addition to regular members appointed under subsection A, at the request of the local governing body, the circuit court for any locality may appoint one alternate member in the case of a three-member board and two alternate members in the case of a five-member board. The qualifications and compensation of alternate members shall be the same as those of regular members. In the case of a three-member board, the alternate shall be appointed for a two-year term. In the case of a five-member board, one alternate shall be appointed for a term of one year and one alternate shall be appointed for a term of two years. Thereafter, the terms for alternate members of five-member boards shall be for three-year terms.

A regular member when he knows he will be absent from or will have to abstain from any proceeding at a meeting shall notify the chairman of the board of equalization at least 24 hours prior to the meeting of such fact. The chairman may select an alternate to serve in the absent or abstaining member’s place and the records of the board shall so note. Such alternate member may vote on any proceeding in which a regular member is absent or abstains.

C. Notwithstanding the provisions of subsections A and B concerning appointment of members and alternate members by the circuit court, the board of supervisors of Loudoun County may elect to appoint the members and alternate members of its board of equalization of real estate assessments.

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