FOR IMMEDIATE RELEASE
May 9, 2008
Indiana Attorney General Steve Carter Clarifies Township Assessor Elimination Questions Raised after Consolidation by the Legislature
(INDIANAPOLIS, IN) – The Indiana General Assembly did not cut short the terms of township assessors or pull their salaries when it passed a sweeping property tax reform package earlier this year announced Indiana Attorney General Steve Carter today. Carter provided the legal opinion that addresses concerns about the consolidation of township assessors to the Department of Local Government Finance.
“For the hundreds of township assessors wondering about their future, we believe this Opinion should ease their minds,” said Carter. “While the Legislature had the authority to cut short the terms of township assessors, it chose not to do so, allowing the assessor position to remain until the end of its current term. Additionally, Indiana law makes it clear that township assessors who will lose their position on July 1 will not lose their annual compensation.”
The Official Opinion (2008-2) states that
“while the legislature had the power to cut short the elected township assessor’s term of office, it did not. Instead, where assessor duties are transferred to the county assessor, the office of elected township assessor is abolished after the expiration of the term for which the current elected township assessor was elected.
Carter adds: “The elected township assessor continues to perform the sole duty of assisting the county assessor in the transfer of records and operations.”
Additionally, questions were raised about dual officeholding if a township assessor is hired as a deputy county assessor.
“A person may hold both the office of elected township assessor and deputy county assessor position without being in violation of the dual officeholding prohibition,” added Carter.
The opinion was requested by the Department of Local Government Finance (DLGF) and the analysis was presented to the agency today.
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