Nassau has had an acting tax assessor for years even though the county admits he's not qualified to hold the position.

James Davis was selected by Executive Ed Mangano to lead the county's Property Assessment Department. Democratic Legislator Ellen Birnbaum says he was never properly vetted and did not have to be confirmed by the Legislature.

"This is just such a glaring error in government, I believe," she tells News 12 Long Island. 

The Nassau County Charter reads, "Each commissioner shall have at least five years' business experience in the field of real estate, real estate law, in a public agency or in a municipal department and shall attend such training courses as shall be prescribed by the state Board of Equalization and Assessment."  

Davis never attended the training courses. 

It's not clear if the Mangano administration purposely continued to employ Davis in an acting capacity in an effort to avoid the legislative approval process. The county executive was not immediately available to be interviewed by News 12. 

Meanwhile, commercial real estate attorneys like Richard Cronin are already suing the county, partially on the basis that an assessor working in an acting capacity doesn't have the authority to impose certain fines.

"That, coupled with…an individual who is not legally qualified in the first place, is certainly a big concern for a taxpayer here," says Cronin.