#1 2009-07-24 18:01:50

Ragman continues to write that the DOR's letter says that the audit is legal.

The DOR responded to the Assessor's complaint about the audit of assessing records.  The DOR's reply was that selectmen could access MOST, not all, but MOST of those records.

And it is obvious they did access ALL, not MOST.

The DOR letter didn't clear them on the audit for the computers in the remaining town departments.

But this loser will keep throwing out "the DOR says the audit is legal" and the lackeys will think that means the audit as pertaining to all town computers was given the ok by the DOR.

It was not.

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#2 2009-07-24 18:07:33

The DOR Letter as Ragman prints it:

“Dear Board Members:
    This is in response to your request that the Department of Revenue investigate an audit of town computers that was ordered by the town’s Board of Selectmen. As we understand it, the audit included copying information contained on the hard drives of all computers in town offices. You assert that the selectmen may not access assessing records because some of them contain confidential information and ask that we determine whether their actions violated criminal or other laws.
    As you know, disclosure of or access to most information collected and maintained by the assessors is not restricted. With respect to information subject to disclosure restrictions, however, it is not the case that such information may only be inspected by the Department of Revenue or released by court order. In fact, the selectmen and other town officials are specifically authorized to inspect most of that information in the performance of their official duties. G.L. c. 59, § 52B and 60."

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#3 2009-07-24 18:21:03

Having listened to the infamous six minutes and considering that DOR stands for Department of Revenue, would I be showing total ignorance to ask you all how this audit has anything to do with "revenue"? From what I can tell they are trying to identify town employees who are  "hatebloggers" posting messages from town computers.

CHAPTER 59. ASSESSMENT OF LOCAL TAXES

BOOKS, LISTS, TABLES AND RETURNS OF ASSESSORS

Chapter 59: Section 52B. Official inspection of valuation information, release of comparable sales data

Section 52B. All information collected pursuant to section 8A of chapter 58A and sections 38D, 38E, 57D and 61A of this chapter shall be open to the inspection of the assessors, the commissioner, the deputies, clerks and assistants of either the assessors or the commissioner and such other officials of the commonwealth or of its political subdivisions who have occasion to inspect such information in the performance of their official duties, but to no other person except by order of the appellate tax board or a court, except that if the assessor bases a valuation of an assessed owner’s real or personal property, in whole or in part, on a comparable sale, or sales, the assessor shall provide any market data relating to such comparable sale or sales to the assessed owner of the property or his designated representative upon request.

CHAPTER 59. ASSESSMENT OF LOCAL TAXES

ABATEMENTS

Chapter 59: Section 60. Records of abatements

Section 60. Every board of assessors shall record all abatements of taxes. The record of abatement of the whole or any part of any tax shall be signed by a majority of the board and shall show plainly the following details:

First, The name or title in which the tax stands assessed.

Second, The year in which the tax was assessed.

Third, The total amount of the tax.

Fourth, The date when the abatement was made.

[There is no Fifth.]

Sixth, The sum abated on personal estate.

Seventh, The sum abated on real estate.

Eighth, The total sum abated.

Ninth, In case of an abatement to put into effect a statutory exemption, exact reference to the statutory provision under which the exemption is granted.

The assessors shall forthwith upon making an abatement furnish the tax collector with a copy thereof.

The records which boards of assessors are required to keep pursuant to this section shall be kept, in the order in which such abatements of taxes are granted, in a book or set of books provided for the purpose and in such form as the commissioner may prescribe. Such book or books, or copies thereof, shall be open to public inspection. Every board of assessors shall at the request of any person furnish one or more copies of any record required by this section to be kept, upon the payment in advance of a fee approximating the cost of such copy or copies.

Applications for abatement or exemption under this chapter shall, except in proceedings before the county commissioners, the appellate tax board or a court of the commonwealth, be open only to the inspection of the assessors, the commissioner, the deputies, clerks and assistants of either the assessors or the commissioner and such other officials or designated private auditors of the commonwealth or of its political subdivisions as may have occasion to inspect such applications in the performance of their official, contractual or designated duties. For purposes of this section, a designated private auditor shall be an individual, corporation or other legal entity proficient in auditing selected by the director of accounts or any city or town to perform an audit which includes the assessing department of a city or town under any legal authority, including an audit under sections forty or forty-two of chapter forty-four, or an investigation under section forty-six A of chapter forty-four.

Why is the DOR involved in giving the okay for this audit?

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#4 2009-07-24 18:24:28

So, let's define MOST. Why don't they say what it entails? What is restricted? How do you find out?

I agree that ragboy and sweet brucie slanted this their way. It is clear that some information cannot be viewed. But where is such information described?

Sometimes the vagueness of the law is frustrating.

Of course the spin will be falsely positive. They have computer egg on their faces and they need to wipe most, not all, of it off. They think we can't read carefully.

They think we are all stupid---jesus---not these morons again---we hear you sweet brucie especially when the mike is on.

But come April, you will be sitting in your tarred over front lawn looking at the lock on the swift's beach property wondering where it all went wrong. Just my opinion, of course.

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#5 2009-07-24 18:30:03

The key things to remember: 1) This is only a response to the Assessor's complaint, and responds to search of Assessor's files only.  It doesn't clear them for the audit of ALL town computers.  2) It doesn't necessarily clear them for the audit of Assessing records, because the key word here is MOST.  The DOR says they can look at MOST Assessor's records, not ALL.

And it does sound like they looked at ALL.

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