Charter government allows abuse of power

Charter government allows abuse of power



By CRAIG MAGUIRE
St. Augustine
Publication Date: 07/27/08

The Florida Legislature says that a county commission should do a study of county government, create a real charter commission, hold real public hearings, then create the charter and hold more public hearings to tell the voters the pros and cons of both constitutional home rule and charter home rule.

This charter was not created in this way. In the best of good old boy politics, a small group, people from Ponte Vedra and their friends, decided that we needed charter government. Twelve people met quietly, without public hearings or countywide representation and created their charter.

They tried to get Tallahassee to pass it behind our backs, but that failed. Our commissioners took their charter, held a few public hearings to make it look legitimate and put it on the ballot.

However, the committee and our commissioners failed to do the most important thing. This charter does not protect citizens from abuses that come with charter government.

1. The first abuse is taxation. Charter government allows our commissioners to impose new taxes on us that they cannot now do. Their hunger for new taxes is evident. They have already tried to create a new fire service fee, and have proposed increasing the county sales tax, adding a stormwater utility fee, a conservation sales tax, a potential transportation sales tax and a real estate transfer tax.

2. Charter government gives more power to our commissioners. Some have already stated that they want to take control of the Airport Authority and the Mosquito Control District. A simple amendment to the charter will give them the power to hire and fire our sheriff and other constitutional officers. At least one charter county has abolished the constitutional office of sheriff and made the position an appointed department under the commissioners.

Several charter counties have elements of control over the school board and the school employees.

3. Constitutional home rule provides financial checks and balances by putting the county checkbook under the clerk of courts and away from the control of the commissioners. Several charter counties have removed the checkbook from the clerk and put it under the control of the commissioners. We have had several instances of county commissioners who tried to get the county to pay bills that weren't legal. Fortunately our elected clerk of courts refused to pay them.

4. The amendment process is the worst abuse of citizen protection. Four commissioners can put any amendment they want on the ballot with only one public hearing. They can hold an election at any time, and the amendments only require a simple majority to pass, allowing special interest groups to control the charter.

An amendment also can be created by a charter review committee (CRC) that is hand-picked by the commissioners. Ten members can establish district alliances for their own self-interests and propose a charter amendment that will benefit only their districts or negatively affect another district. The commissioners have no veto power over such special-interest amendments. The taxpayers must fund all activities of the CRC, including administrative support, research costs, consultants fees, independent attorneys, etc.

5. The charter states: "This charter shall be liberally construed. ..." This tells me that the charter will be favorably interpreted for special interests.

Rep. Bill Proctor said in his Dec. 27, 2006, memo (cc) to Commissioner (Ben) Rich, "...I seriously question the use of the term 'liberally,' as it is boundless."

Charter government is the ultimate Pandora's Box. Once passed, untold opportunities exist for abuse by self-serving groups imposing their personal agendas. This charter gives us no protection from abuse.

Craig Maguire was a County Commissioner, 1988-1996, and chairman, 1989-1990. He also was Rural Affairs Committee Chairman, 1994-1995, for the National Association of Counties.

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