Girtz: Legislative action necessary

Athens-Clarke County District Nine Commissioner Kelly Girtz said he was disappointed with the Nuci's Space decision and pledged to seek a legislative remedy to preserve the organization's non-profit status.

Girtz's position is somewhat in contrast to that of his colleague, Athens-Clarke County District Four Commissioner Alice Kinman, who suggested the ruling was proper and necessary to clarify the property tax exemption ...

The ruling is disappointing, given the number of nonprofits that make good use of their space to further their mission through rentals, fundraisers, etc.

Like Kinman, Girtz noted the commission had no authority to halt the pursuit of the case given that it originated from the Athens-Clarke County Board of Assessors, which is an independent governmental entity. He said he disagreed with the decision to move the case forward earlier this year ...

I am not a lawyer, but a lawyer represented Nuci's and believed that the law was clear, and a Superior Court judge agreed. While the Court of Appeals ruled otherwise, perhaps the Supreme Court will reverse that decision and rule that the law is clear. Whether that happens or not, I will pursue a legislative remedy by encouraging the General Assembly to amend the Code. They could specify that use of nonprofits' property for raising funds that flow exclusively to the organization for pursuit of their mission would not disqualify them from claiming the tax exemption. I will be contacting our local delegation immediately to ask for their assistance in this matter.

Earlier today, Rep. Doug McKillip, who said he also agreed with Judge Lawton Stephens's rational, indicated he'd be willing to sponsor legislation to clarify the law.