Flashcards Studio

A municipality appoints a Municipal Assessor who is suspended for six months for gross neglect of duty in issuing land valuations for property taxation. The record contains: (i) sworn affidavits from two junior assessors alleging the assessor issued inflated valuations without conducting on-site inspections; (ii) a packet of valuation reports showing several properties valued significantly higher than nearby comparable properties; (iii) the assessor’s written defense claiming reliance on current mass-appraisal software and established valuation guidelines; (iv) an internal audit memo noting potential nepotism concerns related to a data-valuation firm, but containing no direct evidence linking the assessor to improper acts. The decision-maker relied on (i)-(iii) and did not consider (iv). (a) Identify the controlling standard of substantial evidence and its scope in quasi-judicial administrative decisions. (b) Based on the record, determine whether the suspension is supported by substantial evidence. Explain your reasoning. (c) If you find that the record lacks substantial evidence, what remedy should be applied and what due process considerations apply?