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Record of Proceedings

Valdez Board of Equalization Meeting on May 20, 2025: Adoption of Complex Appeal Procedures

Meeting PortalTuesday, May 20, 2025
BodyValdez, Alaska
SessionMeeting Portal
DateTuesday, May 20, 2025
StatusFILED
Video Record

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Transcript — Verbatim
0:00

I call this meeting of I call this meeting of the Valdez Board of Equalization to order at 9 35 p.m.

0:10

Um all board members are present with the exception of Chair Fleming and Member Love under new business um approval of board equ of equalization procedures for complex appeals.

0:24

Is there a motion move to approve?

0:30

Second.

0:36

Move by board member Devon, seconded by board member Whitty to approve the consent agenda.

0:47

Sorry.

0:48

That's to approve the motion.

0:53

City attorney Jake Stazer can walk us through these.

1:05

Sure, thank you.

1:06

Uh Councilmember Lally.

1:08

So just a little bit of historical background.

1:10

There used to be complex appeal procedures embedded in code.

1:13

We went through and revisited the tax section of code.

1:18

We removed them.

1:20

Now it turns out we need them.

1:22

But uh what we put in instead of having it in code, we said that the Board of Equalization had the authority to adopt complex appeal procedures when it determined they were necessary.

1:32

And um it's been determined that they're necessary for uh the appeal filed by Alaska Ventures.

1:43

These complex appeal procedures um were developed using the old ones as a starting point and then modifying them.

1:52

Uh they're intended to provide due process and an opportunity for both parties to fully present their cases to the board of equalization for decision.

2:03

Um I don't know if I need to run through it section by section.

2:08

It sets forth rights to discovery, the conduct of proceedings before the board, you know, order of presentation, that type of thing.

2:16

Um it sets forth when evidence to be exchanged in order to be considered by the board.

2:24

So relatively straightforward.

2:26

I have presented some amendments for the purposes of clarifying for the purposes of clarification.

2:33

The only really substantive change is expressly calling out that there's a pre-hearing conference option, and that the chair can order a pre-hearing conference.

2:43

Uh we believe that's appropriate.

2:45

Uh it's standard practice in judicial settings of these mandated administrative appeals to have a conference, get the parties together, make sure everyone's ready to proceed in advance of actually uh convening the hearing.

2:58

And the rest of the revisions are are really just intended uh for clarity without much substantive effect.

3:14

So process-wise, um the board would have to make an amendment to adopt Jake's suggested amendments.

3:25

So if there's a there's a desire to adopt those, uh the board would need to do make an amendment.

3:35

So we need a motion.

3:37

Can I get a motion to um approve the amendments as Jake's day sir just presented them?

3:44

Uh I would like to make a motion to amend to reflect the count uh council recommended amendments.

3:57

Is there a second?

4:03

Second.

4:07

They were made by Jake, correct?

4:09

Yes, yeah.

4:10

Sorry, thank you.

4:12

No, it's okay.

4:16

Is there any discussion?

4:24

Um do I ask for public comment at this point?

4:27

I think we're okay.

4:28

Okay, that's okay.

4:30

Unless Barbara Felicia wants to be the public right now.

4:36

Uh call for the vote.

4:39

So this is the vote on the amendment, and the and this it the amendment is to adopt proposed changes from city attorney uh stay, sir.

4:50

So um so on the amendment only, all those in favor say aye.

4:57

Aye.

4:57

Aye.

4:58

Aye.

5:00

All those opposed.

5:02

Okay.

5:03

So with a vote of five yes.

5:07

Two absent.

5:09

Motion carries on the amendment.

5:15

So then we'll go to the main motion as amended and vote on that.

5:19

Say that again.

5:20

We'll go back to the main motion as amended.

5:24

I'm gonna ask for approval again.

5:26

So yeah, so you've adopted the amendment, and so you'll just go back to adopt it as as it's been amended.

Discussion Breakdown — Share of Meeting
Procedural█████████████████████████████████████████████66%
Legal███████████████████████34%
Summary of Proceedings

Valdez Board of Equalization Meeting – May 20, 2025

The Valdez Board of Equalization met on May 20, 2025, to adopt complex appeal procedures for an appeal filed by Alaska Ventures. The meeting was called to order at 9:35 PM (agenda listed 8:30 PM). Two members were absent: Chair Fleming and Member Love. The board approved the procedures as amended following a motion and vote.

Discussion Items

  • City Attorney Jake Stazer presented the proposed complex appeal procedures, explaining they were needed for the Alaska Ventures appeal after previous removal from code. The procedures set forth discovery rights, conduct of proceedings, evidence exchange, and introduced a pre-hearing conference option.
  • Board member Devon moved to adopt the amendments presented by the city attorney; seconded by member Whitty. The amendment was approved unanimously (5-0). The main motion, as amended, then passed unanimously (5-0).

Key Outcomes

  • The board approved the Complex Appeal Procedures with the amendments suggested by legal counsel, by a vote of 5 in favor (Devon, Whitty, Lally, and two others) and 2 absent (Fleming, Love). Meeting adjourned at 9:41 PM.

Meeting Transcript

I call this meeting of I call this meeting of the Valdez Board of Equalization to order at 9 35 p.m. Um all board members are present with the exception of Chair Fleming and Member Love under new business um approval of board equ of equalization procedures for complex appeals. Is there a motion move to approve? Second. Move by board member Devon, seconded by board member Whitty to approve the consent agenda. Sorry. That's to approve the motion. City attorney Jake Stazer can walk us through these. Sure, thank you. Uh Councilmember Lally. So just a little bit of historical background. There used to be complex appeal procedures embedded in code. We went through and revisited the tax section of code. We removed them. Now it turns out we need them. But uh what we put in instead of having it in code, we said that the Board of Equalization had the authority to adopt complex appeal procedures when it determined they were necessary. And um it's been determined that they're necessary for uh the appeal filed by Alaska Ventures. These complex appeal procedures um were developed using the old ones as a starting point and then modifying them. Uh they're intended to provide due process and an opportunity for both parties to fully present their cases to the board of equalization for decision. Um I don't know if I need to run through it section by section. It sets forth rights to discovery, the conduct of proceedings before the board, you know, order of presentation, that type of thing. Um it sets forth when evidence to be exchanged in order to be considered by the board. So relatively straightforward. I have presented some amendments for the purposes of clarifying for the purposes of clarification. The only really substantive change is expressly calling out that there's a pre-hearing conference option, and that the chair can order a pre-hearing conference. Uh we believe that's appropriate. Uh it's standard practice in judicial settings of these mandated administrative appeals to have a conference, get the parties together, make sure everyone's ready to proceed in advance of actually uh convening the hearing. And the rest of the revisions are are really just intended uh for clarity without much substantive effect. So process-wise, um the board would have to make an amendment to adopt Jake's suggested amendments. So if there's a there's a desire to adopt those, uh the board would need to do make an amendment. So we need a motion. Can I get a motion to um approve the amendments as Jake's day sir just presented them? Uh I would like to make a motion to amend to reflect the count uh council recommended amendments. Is there a second? Second. They were made by Jake, correct? Yes, yeah. Sorry, thank you. No, it's okay. Is there any discussion? Um do I ask for public comment at this point? I think we're okay. Okay, that's okay. Unless Barbara Felicia wants to be the public right now. Uh call for the vote. So this is the vote on the amendment, and the and this it the amendment is to adopt proposed changes from city attorney uh stay, sir. So um so on the amendment only, all those in favor say aye. Aye. Aye. Aye.

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