WA State provides financial help to retired and those retired due to disability. It is a ‘Constitutional’ mandate that such financial help be available to these citizens. For those who want the actual constitutional verification it is WA State Constitution Article 7, Section 10.
James Avery, who as the Kitsap County Assessor, is required to administer this program for citizens of Kitsap County. However James Avery has decided he won’t make this financial help available and has invented a scheme by which he hides this program from citizens who may otherwise be entitled — he simply lies!
All Kitsap County Retired/disabled citiznes should compare all documents and instructions they receive from James Avery to the ACTUAL statutes these instructions are purported to fulfill
The MOST IMPORTANT point of comparison is in the way James Avery tells you how to calculate your “disposable income”. These instructions by Avery are wrong and you should use the TRUE calculation described by the controlling law…. RCW 84.36.383(5) http://apps.leg.wa.gov/rcw/default.aspx?cite=84.36.383
UPDATE: March 28, 2013….. This LINK is to a document that was provided to me by Representative Jan Angel. The document is a copy of a Department of Revenue letter that suggests Avery use the DOR’s double-talking excuse when any citizens questions Avery’s fraudulent instructions. Again… you are examining ‘evidence’ of a fraud…. By definition “fraud” is designed to be difficult to detect. The document must be ‘carefully’ compared to the controlling law RCW 84.36.383(5) Specifically this language at paragraph 5 v the law it is ‘supposedly’ quoting…
RCW 84.36.383(5) defines ‘disposable income’ as adjusted gross income, as defined in the federal revenue code, plus all of the following items to the extent that they were included in or excluded from adjusted gross income.
The TRUE law states it differently and is a material and substantial difference in how to treat those “following items.”
RCW 84.36.383(5) “Disposable income” means adjusted gross income as defined in the federal internal revenue code, as amended prior to January 1, 1989, or such subsequent date as the director may provide by rule consistent with the purpose of this section, plus all of the following items to the extent they are not included in or have been deducted from adjusted gross income:
There is a lawsuit against Avery for his fraud upon the old and disabled; it is being defended by Kitsap County and the STATE – at tax payer expense, of course. Will this lawsuit ever go to trial? Said another way…. if an attorney takes an OATH to uphold the constitution of WA…. why is the County and State’s attorneys DEFENDING James Avery’s fraud upon CITIZENS? AMENDED COMPLAINT COMPLAINT
I hope those who read this post will ask their state representatives why our tax money is used to help a corrupt county assessor escape his legal duty by cheating citizens of their constitutional rights.
Update: 3/30/2013… copy of the county’s fraudulent application used in 2008. The ‘offending instructions’ can be found on page 3, first paragraph. Kitsap County’s Fraudulent Application . Once again… you are looking at a fraud… you must carefully read the instructions and compare to the exact language of the statute, RCW 84.36.383(5). The language of the instructions does NOT equal in either form or substance the law it pretends to be quoting.
UPDATE: May 2013. This case was removed from state court to federal court. Judge Ronald B Leighton presiding. Immediately upon removal Avery moved for dismissal under a court rule. Judge Leighton in an incomprehensible order ruled both that he lacked jurisdiction yet dismissed with prejudice by granting Avery’s motion. Because of the clearly conflicting language the ruling is being appealed to the Federal Court of Appeals for the ninth circuit. Brief to 9th Fed Circuit Ct of Appeals