Orlando Sentinel

Commission­ers’ fight costs local taxpayers.

- FROM THE ORLANDO SENTINEL EDITORIAL BOARD

When a turf battle between public officials escalates to the point of their hiring private lawyers, guess who gets stuck with the legal bills? Unfortunat­ely, it’s taxpayers, not the officials who can’t work it out on their own.

For that reason alone, Seminole County taxpayers have a right to be annoyed and frustrated by a legal battle between the county’s commission­ers and its clerk of courts, Grant Maloy, over who’s in charge of investing surplus county funds.

Taking sides in this dispute is like picking a winner among frogs in a beauty contest.

Commission­ers and the county’s staff attorney, as well as a pair of private lawyers, contend the law gives commission­ers, not the clerk, ultimate authority to dictate the policy for investing surplus county funds. Naturally, the clerk and a couple of private lawyers on his side stoutly disagree.

propertyar­e the being The drawnyear spent.to Novembersu­rplusto be taxes, downpay invested Seminole’sfunds,the accumulate­over and county’sto mainlythe Marchearn annualrest between bills. incomeando­f surplusIn the for reaches meantime,the public’s about they benefit $460are beforesupp­osed million. the would Accordingt­ime, thebe Maryannret­iring, responsibi­lityto the the Morse. commission­ers, commission­ersfor In investingM­ay 2016, their surplus resolvedaf­ter predecesso­rsMorsefun­dsto reclaimto announcedt­hein 1995the clerk responsibi­lity. delegateda­t she

filing argue The deadlineth­at timing the is policyfor notable, candidates­shift becausewas to personally­succeedthe decision Morse. directed was So at madeit’s Maloy,a stretchbef­ore even theto though County he leadershas a dating history backof lockingto his own horns two with terms other on Seminoleth­e commission from investment­As 1996 commission­ersto adviser200­4. to moved manage aheadthe surpluswit­h plans countyto hire funds,a profession­althey consulted suggestion­s Maloy from and the drafted clerk.a jointIt’s easy requestto understand­for proposals, how incorporat­ingcommiss­ioners his would acceptance.have assumed his participat­ion in the process indicated

in AugustBut in March,one of Maloy’sMaloy publicly private blasted lawyers the formally commission’s notified plan.the four And advisers payment who to applied them for for the their contract services. that That the led clerk commission­erswouldn’t authorizet­o vote unanimousl­y to file suit against the clerk, in a brief signed by the county attorney and two private lawyers. Good grief.

As Maloy is quick to point out, there are clerks and/or comptrolle­rs in other Florida counties whose job descriptio­n includes investing surplus funds. In Orange County, the comptrolle­r makes investment decisions with the guidance of a five-member committee. In Lake County, the clerk fulfills the same function based on recommenda­tions from a six-member advisory team.

Those examples don’t necessaril­y settle the legal argument in Seminole, but they suggest a possible compromise for the warring commission and clerk. How about a joint advisory team for investment­s, with some members chosen by the commission and some by the clerk?

Seminole commission­ers have a well-earned reputation for good management and thoughtful leadership. Maloy has a record of fierce advocacy for taxpayers. Neither should be comfortabl­e with the idea of waging a battle with private lawyers at public expense.

Surely there’s enough room for the two sides to make a deal of some kind that would pull the plug on the lawsuit — before the bills for taxpayers really start to add up.

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