By Dan Moffett
The six-year legal dispute between Palm Beach County and its municipalities over paying for an inspector general’s office appears to be officially over. In March, the county agreed to return $223,558 to 23 towns and cities that had contributed to the creation of the watchdog agency in 2011.
Rather than risk another defeat in the courts, the county decided to surrender and write the checks. Commissioners unanimously approved the refunds with a declaration: “The case is now final.”
The dispute began in 2009 when the County Commission endorsed the creation of an inspector general’s office, and then county voters overwhelmingly approved it in the 2010 election.
While voters spoke clearly on having an inspector general to monitor governmental officials and employees, they weren’t asked to decide how to pay the $3 million or more it would cost each year to run the office. The county started billing the towns and cities, based on their sizes and finances, to pay for the agency. In 2011, 15 of the municipalities filed suit, saying the county didn’t have the right to impose charges unilaterally.
A Palm Beach County circuit judge ruled against the municipalities in 2015, but in December, the 4th District Court of Appeal reversed the decision and ruled against the county. In January, County Attorney Denise Nieman advised the commission to give up and not appeal the decision to the Florida Supreme Court.
“Our efforts are better spent reviewing all options available to us in light of the court’s opinion, including but not limited to service contracts with the municipalities,” Nieman wrote commissioners.
The refunds approved in March represent the payments some municipalities made as the IG office was launched in 2011. Boynton Beach will receive the largest return in the county, $50,971.
Boca Raton, Delray Beach, Gulf Stream, Highland Beach and Manalapan will receive nothing because they refused to pay and filed suit instead.
Other coastal communities receiving returns include Briny Breezes ($259), Hypoluxo ($735), Lantana ($5,033), Ocean Ridge ($1,675) and South Palm Beach ($529).
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