Public data not always easy to view

By Kathleen Barran / The Citizen

Saturday, March 15, 2008 11:16 PM EDT

The public has a right to know, but how much information can a citizen readily get from his government?
That's what William Hecht of Union Springs wondered when he started examining property assessments and tax records.

Hecht started looking into assessments about 20 years ago, and about four years ago got interested in Owasco assessments.

But he hit a roadblock trying to get useful tax data from the New York State Office of Real Property. He received a data file, but the state's software that created it would not open the file he received.

Hecht said, “It's a deliberate thing if you say ‘I want this information' but you can't open it and see the data because it's in a cryptic format. You're still cut off from using the program.”

After contacting Robert Freeman, executive director of the state committee on open government, Hecht was told that the intent of the Freedom of Information Law was met because he had received the data. The law does not require the state to own a program to open the data.

“There's so much information available online that I think it's easier than ever to access information related to assessments,” Freeman said. “I don't think it's exceedingly difficult.”

Freeman noted that anyone can access the assessor's office for the information he needs in order to find out whether the government is treating him fairly. Freeman cited what he called the Rolling Stones' principal of law: “You can't always get what you want, but if you try, sometimes, you get what you need.”

Hecht agreed that the town assessor does have software to access the data he needs. So does the county. But the process is cumbersome and doesn't make it easy for him or the public to get information they need.

Hecht wants to be able to download tax maps and zoning maps with a GIS system and says the data is already out there for those who have the ability to buy it, especially developers. He was told he could buy the software for $2,800.

Hecht said that he was able to upload information for the county historian's office on Free Pages, which offer free unlimited web space, but the county refused to use the same space free. He doesn't buy the excuse that it's too costly to provide detailed assessment information to the public.

Hecht was in the county tax office with Al Kozlowski, checking lakefront property maps, and found out the property line for his own property was incorrectly mapped 230 feet into his neighbor's property. He said once the assessor made the correction, he expected his assessment to go down, but it didn't. He said when he asked the assessor about it, she said, “I hadn't realized your property was as deep as it is.” Hecht said the depth was written right on the tax map.

“What this pointed out,” Hecht said, “was that you can have an assessor go out, assess, and make a database. Even with another appraisal, that appraisal is accepted with no checking of the data between the two before it goes on the assessor's existing tax roll.”

He said he wants to be on the same playing field as the assessor. A third party appraisal, perhaps with air photos and GIS computerized mapping to provide a check, would be a simple check that is not being built into the system to check errors.

In order to check a large number of property assessments in Owasco, Hecht said, he would have to have the full database and Real Property System and the database that the assessor was using.

State Sen. Michael Nozzolio, R-Fayette, sponsored legislation on behalf of Hecht in 2005-2006. It is presently under review in the Senate Local Government Committee. The bill was not acted upon last year. If considered and adopted this year, it would still have to go through the state Assembly and receive the Governor's signature to become law.

“Bill Hecht takes his responsibility as a citizen very seriously,” Nozzolio said. “It's a culmination of years of research and trying to get meetings with people and numerous correspondence. This legislation is a result of the frustration that he has felt trying to get basic information from government.”

The bill is titled “ An act to direct the New York State office of real property services to provide certain tax data via a user friendly computer program.” Provisions read: “Notwithstanding any other provision of law to the contrary, the New York State office of real property services is hereby directed to change the current computer program so that citizens of this state can access certain tax data, including but not limited to, the RPSv4 computer program.

“New York State citizens deserve the right to access certain tax data easily and quickly. The current computer system utilized by the New York State office of real property services does not provide a user friendly computer program from which citizens can obtain personal tax information. In order to provide the citizens of this state the open access to important tax data, the New York State office of real property services is entitled to develop a more user friendly computer program.”

“It's the responsibility of government to make information accessible,” Nozzolio said. “Bill was earnest in his pursuit, and that's why we tried to get the agency to change its program. The agency was not willing to get a user friendly system. This legislation was produced after an effort to change the policies and regulations of the agency. He went the extra mile to obtain the information.”

The Citizens' Say

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There are 2 comment(s)

Farmer's Gal wrote on Mar 16, 2008 11:59 AM:

" As usual, we have politicians finding ways to completely subvert the spirit of the law while loopholing and squirming their way just under the line for staying barely inside the "letter" of the law. Norbu's comments just make it more clear that it isn't by chance that these subversions take place. "

Norbu wrote on Mar 16, 2008 6:56 AM:

" Again, the senator is acting as if he is only now becoming aware of the unfair assessment situations which exist in his district. The matter was brought to his attention a long time ago ... by the Cayuga County Citizens Lobby when he first came into office. The CCCL study -- headed up by Professor Shelby Harris of Wells College -- proved an overwhelming bias in assessments in the City of Auburn. The group's findings pointed out inequities and an unbalanced real property tax system. The report was acknowledged to be "accurate in its' entirity" and the result was a state mandate that the city's properties had to be reassessed. (At the time I was a real estate broker and on the board of the CCCL.) "

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