Oct 30, 2002 By Paul Sunyak 4 min read

Fayette County Commissioners Sean M. Cavanagh and Vincent A. Vicites wrote letters of support for chief assessor James A. Hercik to submit to the hearing examiner last week at a state-level licensing hearing in Harrisburg. Both commissioners have worked with Hercik since 1996 when they were elected to that office. In his three-paragraph letter, Vicites described Hercik as a dedicated 25-year county employee and chief assessor since 1988.

“Mr. Hercik has always followed county policy concerning the Tax Assessment Office,” wrote commission chairman Vicites. “His decision-making has always been fair, accurate and consistent throughout his years of service to the county.

“It is my opinion Mr. Hercik did not do anything wrong; therefore, I fully support him. If you would like to discuss Mr. Hercik’s work history, do not hesitate calling me.”

Cavanagh used much stronger wording in his lengthier letter. He reminded the hearing examiner for the state Board of Real Estate Appraisers that Hercik has always been an employee of the county commissioners, who are and have been the policy setters.

“Mr. Hercik works for the county commissioners; we, the three commissioners, are his bosses,” wrote Cavanagh. “He does not make policy; he does what he is instructed. When we decided to fix the problem (by reassessing the county), he was very happy that finally, this broken system that he and we inherited was finally going to be rectified.”

Cavanagh wrote that since he took office in 1996, Hercik had always advocated a reassessment as the only way to fix the broken system. However, Cavanagh said that even though Hercik held that position in prior administrations, he needed the “green light” from the commissioners to get that politically controversial job done.

“The current board of commissioners took the bull by the horns and did the right thing to make the Fayette County system fair and equitable for everyone,” wrote Cavanagh. “Currently we are finishing the reassessment and (Hercik) has done an exemplary job with the work of Cole Layer Trumble.”

Cavanagh also wrote that state Rep. Larry Roberts (D-South Union) – one of six property owners involved in the state’s case against Hercik – is trying to lay blame on Hercik instead of prior county commissioners who should bear ultimate responsibility.

Testimony from Hercik’s hearing confirmed that in 1971 and 1985, Fayette County introduced new tax assessment systems that strayed from the 1958 system that should have been applied to all property owners. Additionally, the county at one point simply derived tax assessments by multiplying the most recent sales price by 35 percent – another illegal move.

And in the case of property owner James Smith of Bullskin Township, the county in 1977 spot assessed his land, arbitrarily increasing its assessed value from $700 to $4,200. Hercik was not an employee of the office at that time, nor was he chief assessor when any of the other new methods for valuing land were implemented. None of them, however, were ever officially adopted by the county commissioners of the time.

“I feel Larry Roberts, state representative, has conducted a political witch hunt against Mr. Hercik and is trying to destroy this man,” wrote Cavanagh. “Instead of going after the previous boards of commissioners who never did anything to solve or fix this corrupt and broken system, he has taken out his personal vendetta against Jim Hercik and that is not right.

“Please do not destroy the man who has always been the number one advocate to fix the assessment problem in Fayette County. His hands were tied by previous administrations. His reputation and his family’s livelihood is at stake, and I hope your decision will be in his favor.”

Chief hearing officer John F. Alcorn will make a ruling in the matter. The state Board of Real Estate Appraisers can accept or reject his ruling, according to Hercik attorney Bob Hoffman.