County Taxation Offices Functional Analysis

Approved by the
Local Government
Records Commission
October 25, 2000

Table of Contents

Functional and Organizational Analysis of the County Taxation Offices
Sources of Information
Historical Context
Agency Organization
Agency Function and Subfunctions
Mapping
Appraising
Assessing
Hearing Protests/Adjusting
Collecting
Selling Property
Licensing
Administering Internal Operations
Analysis of Record Keeping System and Records Appraisal for the County Taxation Offices
Record Keeping Systems
Records Appraisal
Temporary Records
Permanent Records
Records No Longer Created
County Taxation Office Permanent Records List

Functional and Organizational Analysis of the County Taxation Offices

Sources of Information

Representatives of the County Taxation Offices
Sarah Spear, Montgomery County Revenue Commissioner
J. R. Henderson, Shelby County Tax Assessor's Office
Carmon Coker, Shelby County Tax Assessor's Office
Linda Bales, Marshall County Tax Assessor's Office
Gayla Goodwin, Jefferson County Tax Collector's Office
Staff of the Etowah County Revenue Commissioner's Office

Representatives of the State Department of Revenue
Bill Bass, Director, Property Tax Division
Allen Elrod, Real Property Supervisor, Property Tax Division
Larry Doyal, Land Agent, Property Tax Division

General Reference Sources
Alabama Administrative Code, Chapters 810-4-1 through 810-5-75
Code of Alabama 1975, Sections 40-3-1 through 40-12-425
Government Records Division, Alabama Department of Archives & History, County Taxation General Records Schedules (1997)
Alabama Law Institute, Handbook for Alabama Tax Assessors, Tax Collectors, License Commissioners and Revenue Commissioners (5th Edition, 1996)
Martin, David, Alabama's State and Local Governments (1994)
Rogers, William Warren, et al, Alabama: The History of a Deep South State
Thomas, James D. and William H. Stewart, Alabama Government and Politics (1988)

Historical Context

The offices of tax assessor and tax collector first existed in Alabama under the government of the Mississippi Territory to administer the tax on property; these officials were appointed by the territorial governor. The sheriff of the county served as the ex officio tax collector. When Alabama became a state in 1819, the local county court became the appointing authority for the tax assessor and collector, but this authority passed to the commissioners' court in 1821. In 1827 both the tax assessor and the tax collector became elective offices with one-year terms. For a brief period in the 1840s and early 1850s, the office of tax assessor became appointive, and multiple assessors existed in some counties. By 1854, however, the system of a single elected tax assessor was permanently established. Terms of office for tax assessor and tax collector gradually lengthened, to four years in 1883 and to six years, the current term, in 1943. Tax officials were originally paid on a fee or commission system based on the amount of taxes assessed or collected; currently, however, most counties compensate tax officials on a salary basis.

Ever since the establishment of property taxes by the Mississippi territorial government, some mechanism has existed to deal with problems and disputes in property assessments. Under the territorial government this was the county trial court or the territorial Supreme Court. With the coming of statehood the commissioners' court assumed this responsibility. In 1848 the county commissioners along with the tax assessor were designated as the county board of equalization. From 1915 until 1923 county boards worked under state supervision. In 1939 the present boards of equalization were established.

Recent changes in county tax administration structure include the establishment of the position of licensing commissioner in a few counties (currently eight) and the option to combine the offices of tax assessor and tax collector into the office of revenue commissioner. The latter change was approved by voters in 1982 as Amendment 411 to the Alabama Constitution of 1901. The majority of Alabama counties (44) now have a revenue commissioner rather than an assessor and a collector.

Historically property taxes in Alabama have been assessed in proportion to the value of the property. In 1971 a federal court ruled in the case of Weissinger v. Boswell (330 F. Supp. 615 [1971]) that Alabama's 1967 property assessment law was unconstitutional. The court found that under that law the tax impact on property varied according to geographical area and that because of the wide discretion vested in local tax assessors, property was being assessed arbitrarily, violating the Fourteenth Amendment to the U. S. Constitution. The immediate result of this ruling was a return to the 1940 property assessment law, which assessed taxable property at 60 percent of its fair market value. Amendment No. 325 to the Alabama Constitution of 1901established the current assessment system. Since 1978 the state has used a system of four property classifications (Code of Alabama 1975, Section 40-8-1). Each class of property has a prescribed ratio of assessed value to fair market value, as follows: Class I consists of all property belonging to a utility; this property is assessed by the State Revenue Department, rather than by county tax officials, at a rate of 30 percent of fair market value. Class II is a catch-all category for everything not covered by the other three classes and includes business, industrial, personal, and undeveloped real property, and even, for example, travel trailers; it is assessed at a rate of 20 percent of fair market value. Class III applies to all agricultural, forest, and owner-occupied residential property, as well as to historic buildings and sites and manufactured homes; its assessment ratio is 10 percent of fair market value. Class IV includes cars and pick-up trucks that are individually owned and operated; these are assessed at 15 percent of fair market value. In order to calculate an individual's tax, the assessed value is multiplied by a millage rate, with a mill being equal to one-tenth of a cent. The state's rate is 6.5 mills. The local millage rates determined by local voters for local governments and schools are added to the state rate to arrive at the total amount of ad valorem taxes.

Another result of the Weissinger v. Boswell ruling was a statewide reappraisal of property in an attempt to deal with the problem of arbitrary assessment (Code of Alabama 1975, Section 40-7-1 et seq.). The State Department of Revenue was given responsibility for overseeing the property reappraisal in every county in the state. This reappraisal project did not accomplish its goal of equalization of property tax assessments in the expected time, and the State Department of Revenue has maintained its involvement in county assessment activities. The Department of Revenue now determines when a county needs to reappraise its property; sets a schedule for completion of the reappraisal; establishes guidelines and procedures to be followed during the process; publishes an appraisal manual that must be followed by county officials; conducts training classes for local tax officials; conducts a sales ratio study each year to ensure that fair market standards are being followed; supervises appraisal mapping; and does spot checking and review of county assessments.

The legislature gave an important demonstration of its power and involvement in local taxation activities in 1978, when it passed the Lid Bill (Code of Alabama 1975, Section 40-8-4). This law allows local governments to increase or decrease the ratio of assessed value in any of the four classes of property, with certain provisions. Although the law appears to give more power to local authorities, in reality the provisions are stringent. To increase the assessment rate for a particular class, the total assessed property value in that class must be less than 20 percent of the assessed value of all the county's property. The proposal for an increase or decrease must be presented at a public hearing and approved by an act of the legislature. Then a special election must be held and the proposal approved by a majority of the voters. Since its inception, the Lid Bill has been an important tool for maintaining low property taxes in the state.

Section 205 of the Alabama Constitution of 1901 provided the basis for the most well-known exemption from property taxes, the homestead exemption. Since then the legislature has changed the specifications regarding the type, value, and area of land involved and the individuals who may benefit from it. Manufactured homes are now included. Individuals over 65 years old or who are blind or totally disabled are exempt from all state property taxes. If, in addition, his/her annual income is less than $12,000, the individual is exempt from county and school taxes as well (Code of Alabama 1975, Section 40-9-19). Other exemptions to ad valorem taxes have been added over time to remove almost all individual personal property, although most business personal property is still taxable.

Because property taxes in the state have been maintained at levels that are among the lowest in the nation, they have decreased in importance as a source of income for the state. On the local level, however, they continue to represent a major source of revenue, and local tax officials are significant figures in local government.

Agency Organization

Tax Assessor. All voters in the county vote for the tax assessor, who assumes office on October 1 of the year following the November s/he is elected. With the exception of the four-year term of the tax assessor in Limestone County, Alabama tax assessors serve six-year terms. Before taking office the tax assessor must file an official bond. The tax assessor's main office must be located in the county courthouse, to ensure proximity to the offices and records of the probate judge and the tax collector, and must remain open year-round (Code of Alabama 1975, Section 40-7-3). The principal duty of the tax assessor is to determine the amount of taxes due on all taxable real estate including manufactured homes; improvements to real estate; and personal (i.e., movable) property, especially business personal property, since most personal property owned by individuals is exempt from ad valorem taxes.

Board of Equalization. Each county has a board of equalization consisting of three members who have been residents of the county for at least five years. The tax assessor is not a member of the board but acts as its secretary. The board members are selected by a rather complicated process in which the county commission, the county's cities, and the county board of education each propose three names. Of these nine, the state commissioner of revenue chooses three, who are then appointed by the governor. The main function of the board of equalization is to review the work of the tax assessor and to adjust property valuations, if necessary. Full time boards hear taxpayer protests beginning in February each year and may continue this work until July. Appeals from the boards' decisions go to the circuit court (Code of Alabama 1975, Sections 40-3-1 through 40-3-24). In Jefferson County the Board of Equalization has additional duties in the assessment of property.

Tax Collector. The requirements for the election of the tax collector are the same as those for the tax assessor, with the election taking place in November and the tax collector assuming office at the beginning of the next October. Tax collectors also serve six-year terms, and their offices must also be located in the county courthouse. The tax collector is authorized to collect state, county, school, municipal, and any special taxes levied by local governments (Code of Alabama 40-5-1 through 40-5-45).

Revenue Commissioner. As of 1999, forty-four counties have combined the functions of tax assessor and tax collector into one office, the revenue commissioner, in order to provide greater efficiency and coordination. The qualifications for office, the election process, and the term in office are the same as for the tax assessor and tax collector, except that the revenue commissioner in Walker County has a four-year term in office.

License Commissioner. Currently eight Alabama counties have license commissioners in addition to their other tax officials. In some counties the license commissioner is elected; in others s/he is appointed by the county commission. In the latter case, the term in office is indefinite. In counties where the license commissioner is elected, the term in office is six years, with the exception of Mobile County, where it is four years. License commissioners' duties vary somewhat by county, but in general they issue any licenses that are required by the state or county, except a marriage license, and collect the revenue derived from them. Such licenses include driver's, conservation, business, and occupational licenses. License commissioners also perform the assessment and collection of ad valorem taxes on motor vehicles and register boats. Thus, this office combines some of the duties of several other county offices, including not only those of other county tax officials but also of the probate judge.

Agency Function and Subfunctions

The mandated function of the county taxation offices in Alabama is to administer the tax on property. The county taxation offices primarily carry out the Financial Management category of the Administrative Support Operations function of local government in Alabama. Some county taxation offices also carry out activities in the Regulation function.

In the performance of its mandated function(s), the county taxation offices may engage in the following subfunctions.

The assessor is also authorized to correct errors in the calculation of taxes and other mechanical errors (Code of Alabama 1975, Section 40-7-9). There are also some special cases when the assessor suspects that a taxpayer is trying to escape taxation by moving out of the county or selling all personal property on which taxes for that year should be assessed. In such cases the assessor must make an immediate assessment of the property. When it is discovered that property or improvements to property have escaped normal taxation over preceding years, a retroactive assessment is carried out.

The tax collector may also sell tax liens on land owned by delinquent taxpayers for the amount of taxes owed plus penalties, interest, and costs. After the sale, a tax lien certificate is issued which entitles the purchaser to 12 percent annual interest on the amount paid for the lien. The lien holder has the same rights regarding the property as the tax collector does and may request a sale of the property by providing written notice to the tax collector by February 1 of any year.

Managing the agency. Activities include internal office management activities common to most government agencies, such as corresponding and communicating, scheduling, meeting, documenting policy and procedures, reporting, litigating, legislating (drafting, lobbying, tracking), publicizing and providing information, managing records, and managing information systems and technology.

Managing finances. Activities include budgeting (preparing and reviewing a budget package, submitting the budget package to the state or local department of finance, documenting amendments and performance of the budget, and reporting on established budget categories); purchasing (requisitioning and purchasing supplies and equipment, accounting for expenditures, receipting and invoicing for goods, and authorizing payment for products received); accounting for the expenditure, encumbrance, disbursement, and reconciliation of funds within the agency's budget through a uniform system of accounting and reporting; authorizing travel; contracting with companies or individuals; bidding for products and services; assisting in the audit process; investing; and issuing bonds.

Managing human resources. Activities include recruiting and hiring eligible individuals to fill vacant positions within the agency; providing compensation to employees; providing benefits such as leave, health insurance, unemployment compensation, worker's compensation, injury compensation, retirement and death benefits; supervising employees by evaluating performance, promoting, granting leave, and monitoring the accumulation of leave; training and providing continuing education for employees; and disciplining.

Managing properties, facilities, and resources. Activities include inventorying and accounting for non-consumable property and reporting property information to the appropriate authority; constructing buildings and facilities; leasing and/or renting offices or facilities; providing security for property owned by the agency; and assigning, inspecting and maintaining agency property, including vehicles.

Completed: October 2000

Analysis of Record Keeping System and Records Appraisal for the County Taxation Offices

Record Keeping Systems

Most county taxation offices in Alabama operate hybrid record keeping systems composed of paper, microfilm, and electronic records. Most county taxation offices still maintain records primarily in paper format, although in recent years they are creating both temporary and permanent records on electronic systems. Many counties utilize computer assisted mapping to create their maps.

The State Department of Revenue exercises some supervision over the choice and installation of county taxation office computer systems and thus over the record keeping practices of the county offices. As of October 2000 the Department of Revenue will issue required specifications for software applications in the county offices. It must approve contracts for scanning of maps prior to purchase and stipulates that one of the two required backup tapes be submitted for storage at the Department of Revenue. Because of lack of system standardization at the county level, there is no electronic linkage, other than e-mail, between the Department of Revenue and the county offices. Reports and information required from the counties are generally submitted in paper format. For permanent electronic records, the Department of Revenue encourages a backup in another format.

Microfilm is used extensively by many county taxation offices, for both temporary and permanent records. In some cases microfilm is created from a computer and provides a backup for permanent records maintained electronically.

Records Appraisal

The following is a discussion of records created and/or maintained by the county taxation offices in Alabama, listed under their subfunctions. At the end of this records appraisal is a list of Records No Longer Created by the county taxation offices that may still be maintained in their offices.

I. Temporary Records.

II. Permanent Records. The Government Records Division recommends the following records as permanent.

Mapping:

Appraising:

Assessing:

Hearing Protests/Adjusting:

Collecting:

Selling Property:

Licensing:

Administering Internal Operations - Managing the Agency:

Administering Internal Operations - Managing Finances:

Administering Internal Operations - Managing Human Resources:

III. Records No Longer Created. The following records are no longer created by county taxation offices but should be retained permanently.

County Taxation Office Permanent Records List

Mapping

Appraising

Assessing

Hearing Protests/Adjusting

Collecting

Selling Property

Licensing

Administering Internal Operations - Managing the Agency

Administering Internal Operations - Managing Finances

Administering Internal Operations - Managing Human Resources

Records No Longer Created

Updated: May 1, 2001