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The Village League to Save Incline Assets, whose efforts to reform property tax assessments over the last four years have won statewide attention and praise from proponents and been called "litigious nightmares" by foes, this week filed to have Washoe County Assessor Robert McGowan, who has held the position for more than 23 years, removed from office.
The league's president, Incline resident Maryanne Ingemanson, said the group has filed a complaint with the county courts saying McGowan is guilty of maleficence on several counts, including not complying with regulations of the Nevada Tax Commission 2001-2005; "failure to follow rules and regulations properly," (as found by the Washoe County Board of Equalization Feb. 17, 2005 and not appealed by McGowan); and failure to use property statement forms approved for reporting personal property.
"It's not a recall, it's a court action," said Ingemanson. "The judge has no more than 10 days to have the respondent (McGowan) appear and then within 20 days the judge has to rule.
"It will be a quick turnaround as far as courts go. If the judge rules against (McGowan) he can be put on leave - or, if it's agreed he's been derelict - someone else can be appointed."
Ingemanson said the league feels McGowan is not "just the messenger" but at the root of the problem.
"The (assessor's office has) gone totally awry and sideways," Ingemanson said. "McGowan will not follow the new state rules and regulations."
But McGowan stands by his reputation, record and adherence to the code of the law and his office's dealings.
"I can't tell anybody how to feel but you're not entitled to your own facts," McGowan said. "I guess that will be decided - who's right. The (league) has had several issues before tax commission and I haven't heard of anything coming on their side of the equation.
"I get confused at times what they're after. Maybe they're just mad in general and want things changed. The law says land should be of market value and analysis shows our (office) is conservative on that matter. I always have to remind people that I don't get a commission."
McGowan noted that many of the league's concerns should have been mitigated by the passage of Assembly Bill 489 in April. The bill caps the tax on a Nevada resident's primary residence at 3 percent; 6.9 percent for a secondary home or commercial property in Washoe County.
Ingemanson explained that the 3 percent cap applies only to primary residences in Nevada. It also does not apply to most rental property or to businesses. Rental properties only qualify for the cap if rent charged meets federal guidelines, which Ingemanson said probably won't coincide with rents charged in Incline.
McGowan said the cap could be removed or "tweaked" during upcoming legislation sessions to address concerns, but stood by it as a solution for now.
"(The cap) could be fine-tuned but I think it's a very fair solution," McGowan said. "Plus, it's not our offices job to determine what the state (legislature) decides."
Ingemanson maintains her group has won court battles before, and has "ample evidence to prove McGowan is not doing his job regardless of what the legislature decides."
In February the Washoe Board of Equalization voted unanimously to lift the 8 percent addition to the land tax assessment for all of the mass appellants, and it voted county assessors were not using the new assessment rules and regulations.
However, in early August that decision was partially overridden by the Nevada Board of Equalization. The 8 percent decrease was repealed, however the assessor did not appeal the decision by the county board of equalization at the state level that the rules and regulations had not been followed.
"We've acted properly in this office," McGowan said. "I understand the pressures and I understand this group just wants to pay less taxes. If you want to be an assessor and can't take the heat, don't do the job."
The league's president, Incline resident Maryanne Ingemanson, said the group has filed a complaint with the county courts saying McGowan is guilty of maleficence on several counts, including not complying with regulations of the Nevada Tax Commission 2001-2005; "failure to follow rules and regulations properly," (as found by the Washoe County Board of Equalization Feb. 17, 2005 and not appealed by McGowan); and failure to use property statement forms approved for reporting personal property.
"It's not a recall, it's a court action," said Ingemanson. "The judge has no more than 10 days to have the respondent (McGowan) appear and then within 20 days the judge has to rule.
"It will be a quick turnaround as far as courts go. If the judge rules against (McGowan) he can be put on leave - or, if it's agreed he's been derelict - someone else can be appointed."
Ingemanson said the league feels McGowan is not "just the messenger" but at the root of the problem.
"The (assessor's office has) gone totally awry and sideways," Ingemanson said. "McGowan will not follow the new state rules and regulations."
But McGowan stands by his reputation, record and adherence to the code of the law and his office's dealings.
"I can't tell anybody how to feel but you're not entitled to your own facts," McGowan said. "I guess that will be decided - who's right. The (league) has had several issues before tax commission and I haven't heard of anything coming on their side of the equation.
"I get confused at times what they're after. Maybe they're just mad in general and want things changed. The law says land should be of market value and analysis shows our (office) is conservative on that matter. I always have to remind people that I don't get a commission."
McGowan noted that many of the league's concerns should have been mitigated by the passage of Assembly Bill 489 in April. The bill caps the tax on a Nevada resident's primary residence at 3 percent; 6.9 percent for a secondary home or commercial property in Washoe County.
Ingemanson explained that the 3 percent cap applies only to primary residences in Nevada. It also does not apply to most rental property or to businesses. Rental properties only qualify for the cap if rent charged meets federal guidelines, which Ingemanson said probably won't coincide with rents charged in Incline.
McGowan said the cap could be removed or "tweaked" during upcoming legislation sessions to address concerns, but stood by it as a solution for now.
"(The cap) could be fine-tuned but I think it's a very fair solution," McGowan said. "Plus, it's not our offices job to determine what the state (legislature) decides."
Ingemanson maintains her group has won court battles before, and has "ample evidence to prove McGowan is not doing his job regardless of what the legislature decides."
In February the Washoe Board of Equalization voted unanimously to lift the 8 percent addition to the land tax assessment for all of the mass appellants, and it voted county assessors were not using the new assessment rules and regulations.
However, in early August that decision was partially overridden by the Nevada Board of Equalization. The 8 percent decrease was repealed, however the assessor did not appeal the decision by the county board of equalization at the state level that the rules and regulations had not been followed.
"We've acted properly in this office," McGowan said. "I understand the pressures and I understand this group just wants to pay less taxes. If you want to be an assessor and can't take the heat, don't do the job."
