By Steve Plunkett
Coastal communities are banding with their mainland counterparts to brand as an illegal tax the county’s plan to bill municipalities for the new Inspector General’s Office.
“This suit would not challenge the vote in regard to having an inspector general. That’s water over the dam and we have an inspector general,” Town Attorney John “Skip” Randolph told Gulf Stream commissioners.
“We feel the funding is really unfair to cities because our citizens in effect are paying twice,” said Manalapan Town Attorney Trela White, who as lawyer for the Palm Beach County League of Cities circulated a series of talking points against the funding mechanism.
The county invoiced each municipality for a share of the $3.6 million needed to run the Inspector General’s Office from June 1 this year to Sept. 30, 2012. It billed itself almost $2 million. City bills for the 15-month period ranged from $95 for Cloud Lake to $381,237 for West Palm Beach.
“They could have an in-house inspector general for that cost,” White said.
Supporting the lawsuit will not cost the coastal towns any money.
“One municipality is going to be bearing the cost of this lawsuit, the fees and the cost,” Randolph said, not naming the city. ‘’They are just seeking support of other municipalities.”
Highland Beach Vice Mayor Miriam Zwick called the funding a “ridiculous waste of taxpayers’ money” as she voted along with her colleagues to join the suit.
White said the invoices cannot be considered a user fee.
“You have no idea whether the inspector general would provide any services during any given year as a matter of fact to any given municipality,” she said.
Likewise, it isn’t an impact fee or a special assessment, she said.
“So the analysis is it must be a tax,” White said. “If it’s a tax it must be authorized by state law or by the constitution, and there is nothing authorizing it.”
The complaint will be for declaratory relief.
“It’s asking the judge as a matter of law whether it’s a valid funding process. It’s not a jury trial or anything of that nature, so it should be relatively short,” Manalapan Mayor Basil Diamond said.
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