Jackson County legislators pass ordinance to lower certain assessments

KANSAS CITY, Mo. (KCTV) - A slim majority of Jackson County legislators on Monday passed an ordinance directing County Executive Frank White and County Assessor Gail McCann Beatty to follow an August order from the State Tax Commission (STC) that it lower certain property tax assessments.

The ordinance was drafted months ago, in January, but languished as the county administration pursued a lawsuit fighting the STC order as lawful. Last week, a Jackson County judge ruled in favor of the STC. Monday’s meeting of the county legislature was the first since that ruling. Legislator Sean Smith, the sponsor of the ordinance, pushed for a vote, saying there was no longer any reason to delay. It passed by a vote of 5-to-4.

A group of people who staged rallies at both Jackson County Courthouse locations celebrated as they left the packed legislative chambers.

“We went to the rally downtown in Independence,” said Elisa Breitenbach, who is a Jackson County Republicans Committee member. “There was a huge crowd of people, and we are just honored that we finally are heard.”

She spoke with tears in her eyes. After all, she said, some people are at risk of losing their homes, if they haven’t already, and that is emotional.

“People are hanging on for dear life,” Breitenbach said. “It is so wrong what’s happened in this county for these people.”

WHAT LED TO THIS

The STC determined, in part, that the county did not perform sufficient exterior inspections or provide timely notice of a right to interior inspections for residential properties that saw an increase in excess of 15%. As a result, the STC ordered the county to lower assessed valuations to no more than 15% above the previous year.

The county performs assessments every two years, so the order applies to the 2023 and 2024 cycle in relation to the 2021-2022 cycle.

READ MORE: Judge rules against Jackson County over troubled property tax assessments

The county sued the STC saying the order was unlawful. Last week, a Jackson County judge sided with the STC.

WHY THE URGENCY

Legislator Megan Marshall, who voted against the ordinance, suggested the legislators wait to vote and first try to find a compromise ordinance that could have more support. Ordinance sponsor Sean Smith said there is little time left to act before the 2025 assessment notices are sent.

Although the order applies only to 2023-2024, he argued that failing to adjust those values could negatively impact the 2025 cycle in the eyes of the STC. As he explained it, the state laws that apply only to increases of more than 15% would need to use the downward adjusted 2023 figures or else the 2025 cycle could also run afoul of the STC.

Furthermore, he noted, the state legislature is considering a bill punish any county defying certain tax commission orders by withholding sales tax revenue. The bill applies only to orders that require assessed values to be lowered.

READ MORE: Troubled Jackson County assessments spur state lawmakers’ push for potential penalties

The four who voted no were Megan Marshall, Jeanie Lauer, Charlie Franklin, and Jalen Anderson.

NO GUARANTEE

Smith said one reason for the ordinance is to assert that the legislature has the authority to direct the administration on such matters.

County counselor Bryan Covinsky, the head lawyer for the administration, interjected that the county charter gives the legislature the authority to set assessment procedure but does not give them power to determine assessment values.

The 5-to-4 vote is not a wide enough margin to prevent a veto. County executive has not yet said if he intends to veto.

The county also file an appeal on the judge’s ruling.

JACKSON COUNTY EXECUTIVE REAPONDS

Jackson County Executive Frank White issued a letter to the legislature following Monday’s vote in which he remarked on a lack of clear guidance from the STC on what compliance would entail.

“While this ordinance may not affect the legal outcome, it reflects the kind of serious discussion this issue demands,” White wrote. “The consequences are real, and we must take them seriously.”

He expressed a concern he raised before, namely that some taxing jurisdictions would be unable to recover funding. It is a concern he raised before concerning the Kansas City Public Schools (KCPS) and the State Blind Pension Fund.

“These agencies could see devastating and permanent funding losses,” White wrote. “And no district would be able to fully recover due to the implementation of the senior property, tax free, which cap the tax liability for senior starting in 2025.”

School districts rely heavily on property tax revenue. Most reduced their levies in response to skyrocketing assessments. Smith said they could recoup revenue if assessments fall by instituting raising levies accordingly.

White remarked that recoupment levies would in turn raise tax bills for those who did not see massive valuation increases in the last cycle.

White did not say if he would veto the ordinance. However, he did reaffirm that the administration and its legal team still consider the STC order to be unlawful.

“Allowing it to stand, would establish a dangerous precedent in which an elected state body could unilaterally raise or lower the valuations of private property for prior tax years without a lawful hearing or due process,” he wrote.

He added that the county administration has yet to receive answers to questions submitted to the STC in August related to concerns about following the order in a legal and equitable manner.

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