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Does Texas Law effectively quash the possibility of the appraisal review board being impartial and independent?: 01-Jan-06 By : Patrick O'Connor Circumstances can make independent behavior difficult for the most honorable person. The issue being addresses here is not the honor and integrity of appraisal review board (ARB) members. It is to address the system for hiring, paying and supervising ARB members.
Consider the following example. Suppose the referees for NFL football games were hired, paid and supervised by the local team for each city (They only act as referee for home games for the local team which hired them). NFL rules require the referees to be independent and impartial. Referees are hired for 2-year terms. The local team decides every two years whether or not to renew their service. Would it be reasonable to expect referees to be impartial and independent? Is it reasonable to as a person to be impartial under these circumstances?
The above example for referees is identical to the circumstances for hiring, paying and supervising ARB members. Appraisal review board members are hired by the board members are hired by the board of directors for the appraisal district. They serve for 2-year terms. The requirement to be reappointed every two-year terms are a fundamental flaw. Historically, appraisal districts do not renew the employment of appraisal review board member deemed too friendly to property owners. Conversely, appraisal review board members who are too friendly toward the appraisal district's perspective are reappointed. There is a check and balance for appraisal review board members who consistently rule favorably from the property owner's perspective. There is not check and balance with regard to appraisal review board members who consistently favor the appraisal district. Appraisal review board members are well aware of the review, which occurs every two years. Their employment can be continued (or not) every 2 years in the sole discretion of the appraisal districts board of directors.
ARB members are paid by the appraisal district. The concept of groups intended to be independent being paid by one of the parties is ludicrous. Would you believe it possible for a district court judge to be completely impartial if he were selected and paid by the other party in an adversarial proceeding? They are typically supervised by appraisal district staff. Proposed discussion topics:
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