Your Tax Dollars at Work…Against You

Anyone familiar with the recent history of Pennsylvania politics knows the phrases “legislator” and “appeared in court” usually equal bad news for the legislator in question.

Last week, I had the unique opportunity to appear in the Court of Common Pleas of Washington County as a state representative for a much different reason.

Even as the Legislature works on reforms, two school districts are pressing forward with a lawsuit designed to force an immediate reassessment on all of Washington County. Attorneys representing the McGuffey and Washington School Districts have been aggressively pursuing every avenue possible to mandate a reassessment under a system universally described by experts as fundamentally flawed.

The situation is ludicrous, especially because taxpayers are being forced to foot the bill. The lawyers for the school districts have been paid more than $30,000 in legal fees so far, with no end in sight.

Despite all those billable hours, no one has been able to explain why this reassessment cannot wait until the legislative session ends next year so we have the opportunity to make the process fairer and more transparent.

The question is simple: Why? As a taxpayer and someone who has logged many miles in the state capitol on this issue, I honestly do not see the downside of waiting to do this right. If we reassess under a flawed system, the results will be inaccurate.

We will be flooded with appeals. Failing to address huge variables on property value, such as transfers including Marcellus Shale rights, could skew results in a very negative way. Huge loopholes will remain unclosed, allowing for massive local tax increases. And it will cost $8 million dollars of public money that the school districts themselves (or their lawyers) don’t have to pay a penny toward.

The consequences of doing this wrong could be catastrophic for homeowners and businesses in Washington County—and I’m not exaggerating for dramatic effect.

Why in the world would we want to make it less attractive for people to buy homes or start a business here? People are struggling as it is, so why in the world would anyone want to make it more difficult?

The issue is currently tied up in a lawsuit at the Washington County Courthouse. The county commissioners want to wait and let the Legislature do its work. McGuffey and Washington School Districts are trying to hold the commissioners in contempt of court for not spending the $8 million yet, which is a pretty extraordinary legal move. The court is due to make a decision on what will happen within a matter of weeks.

But instead of just complaining, I have decided to get involved. Working on reassessment reform in Harrisburg may not be enough, so I decided to bring the fight home to Washington County.

Last week, for permission to file an “amicus curiae” brief, which is fancy legal speak for “friend of the court”. The idea is, although I was not named in the reassessment lawsuit, I have a vested interest in the outcome and would like the court to hear my thoughts.

Requests like this are extremely rare at the county level. I was unable to find any other time this has been done by anyone in Washington County, but desperate times call for desperate measures. The point made by the school districts in their brief was that proposed reassessment reforms would fail to have a substantial impact on the system.

Since I wrote or helped write all of the bills in question, I felt I was in a far better position to give an honest opinion as to the legislative intent. And as a lawyer I was able to prepare the petition and present it in court myself, which means this move won’t cost taxpayers a penny.

President Judge Debbie O’Dell-Seneca granted my petition, and my brief on behalf of the taxpayers of Washington County is due no later than September 27. It is ironic that when I presented my request to the court, the school districts sent not one, not two, but three attorneys to oppose me—three attorneys being paid with taxpayer dollars, all to prevent the court from considering crucial facts that could impact you for decades.

I wonder—does the phrase “your tax dollars at work” still apply when those dollars are working against you?