Neffinger addresses recent firing in Assessor's Office

Date: 2/22/2012

Feb. 22, 2012

By Debbie Gardner

debbieg@thereminder.com

WEST SPRINGFIELD — Mayor Gregory Neffinger gave his side of the story on the recent firing of the town's principal assessor — and announced plans to clean house regarding the Board of Assessors — at a news conference in the town's Municipal Building Friday morning.

He also named Chester J. Nicora, a retired assessor formerly with the town of Agawam, as temporary principal assessor for West Springfield until the position could be filled permanently.

Flanked by Town Counsel Simon Brighenti, Neffinger framed the recent firing of Principal Assessor Christopher Keefe as part of the process of interviewing and evaluating all department heads during the transition of administrations, rather than the result of a single incident.

Stressing in his remarks that "the West Springfield Home Rule Charter allows the mayor to choose who he wants for his department heads," and "that it is generally understood that each department head serves at the pleasure of the mayor," Neffinger said that exchanges during his interviews with Keefe prior to his inauguration had made him question whether the two could develop "a good working relationship" that would mutually benefit the needs of the town.

Among the issues Neffinger said he discussed with Keefe was the question of the taxation of several non-profit social clubs in town and his desire to participate in any abatement hearings in an ex-afficio capacity to ask questions and participate in discussions — as is his right as mayor — to insure "the [social] clubs were given a chance to have their voice heard."

He added he "wanted to be part of the process ... I do not know what the assessed value of the properties are, what the tax bills [are] or who paid their taxes."

Neffinger said he also pointedly asked Keefe during their discussions whether, as in the case of the Majestic Theater, these clubs needed to pay the assessed tax prior to applying for abatement.

"He said no," Neffinger pointed out, adding that Keefe also indicated the clubs only needed to fill out request forms for abatements.

However, Neffinger said when he met with the Board of Assessors on Feb. 7, "I was told it was already decided that the clubs are not exempt and that there was nothing as mayor I could do," that the tax bills had been sent out and "if the clubs wanted an abatement they would have to file with the state."

Concerned that Keefe and the other sitting member of the Board of Assessors — Kathleen Cooley — might have come to this conclusion in a manner other than in a public meeting, as required under the state's Open Meeting Law, Neffinger said he requested the town's Information Technology Department head, Paul Marshal, to determine if there had any email exchanges between the two on the subject. He then had the 144 emails Marshall discovered forwarded to Brighenti for review.

Brighenti said it appeared some of the material exchanged in the emails should have been part of a posted meeting "so the public could participate," and could potentially be considered a violation of the Open Meeting Law.

Neffinger said he sent Cooley notification by registered letter on Feb. 16 that she was removed from the Board of Assessors. Under the town's Charter, Cooley has 10 days to respond to notice of her removal.

"When I ran for mayor I said I would have transparency [in town government]," Neffinger pointed out.

Brighenti said because there is a specific process under the town Charter regarding the removal of a board member, he could not comment further on the email findings.

Neffinger said by following the Charter he was "trying to give everyone a fair shake and let the process go through."

He added he had received a written response from Keefe by certified mail, but that there was "no new information" in the response that changed his mind regarding Keefe's dismissal.

Neffinger said going forward, he wanted to reestablish a three-person Board of Assessors — something that had been lacking for some time and possibly "part of the problem" — and create an atmosphere within the Assessor's Office that would be "friendly, open and responsive to the needs of residents." He also plans to add a deputy assessor's position so there would not be an interruption of service should the principal assessor be unavailable due to illness, retirement or dismissal in the future.

Neffinger added that he has at least two potential candidates for the Board of Assessors positions. Information on these individuals is in the process of being sent to the Human Resources Department for review, and would be presented to the City Council for approval, he said.

Following the news conference Keefe's attorney, Tani E. Sapirstein, issued a press release stating that, based upon his 20 years of experience valuing and assessing real estate in Massachusetts, Keefe believed his termination by Neffinger was "wrongful, unjustified and unwarranted."

The release indicated that, pursuant to the Massachusetts Public Records law, his attorney would be requesting copies of all emails between himself and Cooley, "as well as copies of any and all documents related to his dismissal."