Changes sought to transport tax board
Broward county, city officials at odds on oversight of spending
Broward voters who approved a sales tax increase in 2018 to pay for new transportation projects were promised an independent board would keep an eye on how the money is spent.
Now that oversight board is fighting to keep its independence intact.
A one-cent increase in the sales tax is expected to provide $15.6 billion over 30 years for road projects, bus improvements, future light-rail systems and other projects, with the oversight board working to keep the plans on track.
County officials are concerned the board may have too much power — something that could be challenged in court — and are seeking changes to better align the board’s role with what’s allowed under state law.
But board members, city officials and a group of business leaders think the county’s proposals go too far and would make the public doubt the board has any real power to hold the county accountable for the costs and timing of the different projects.
“It bends the independence, or the perception of independence, and it bends how the public looks at what we are doing now,” said
board chairman Alan Hooper, a developer, about the proposed changes.
Board member Anthea Pennant, a Broward College official, said if the board’s independence is eroded now it might only get worse in the future.
“We need to really stay true to the essence of what was intended originally and make sure whatever changes are made now, that they can hold for the next 30 years and still maintain the integrity of the oversight board,” Pennant said.
The concerns have been raised over a series of amendments county commissioners will consider at their Jan. 7 meeting to the ordinance that created the oversight board. The issues include:
■ ■Whether the county would “retain such consultants as the Oversight Board determines necessary to perform its responsibilities,” or if the consultants instead would be hired “as recommended by the County Administrator.”
■ ■Whether the board can retain “independent performance auditing and financial auditing and review services,” or if the county auditor “shall have the right of first refusal to directly provide such services with existing County resources.”
■ ■Whether in determining project eligibility for sales tax funds, the commis-the sion’s decision would be “based upon the advice” of the sales tax general counsel or if the board would only have to give that advice consideration, leaving open the possibility it might disagree.
Sunrise City Manager Richard Salamon said the proposed changes will significantly weaken the board’s ability to bring in outside auditors or attorneys when the board thinks a second opinion is needed.
“I’m also concerned that the county is unilaterally changing the role of the oversight board from a body that the voters supported to ensure independent accountability and transparency, to a body that acts simply in an advisory capacity to the county,” Salamon said.
The county is concerned because of what’s happening in Hillsborough County, which includes Tampa, where voters also approved a one-cent sales tax increase for transportation in 2018. A judge struck language that gave an independent oversight committee the ability to approve projects and withhold funding, and the state Supreme Court is reviewing the legitimacy of the sales tax increase itself, according to the Tampa Bay Times.
The fear is that an oversight board cannot take over powers that are given to the county commission under Florida statutes. The Hillsborough oversight committee was not set up same as Broward County’s, but officials don’t want to see the county’s tax challenged for similar reasons.
“You cannot take authority that belongs to the county commission under a statute, and by charter or any other local law, assign that responsibility, that statutory responsibility, to another body,” Deputy Broward County Attorney Angela Wallace said.
Board members said they understand the county commission has the final say on budget items, but they want to keep a direct link with the commission when they decide a consultant is needed, rather than having to first get approval from county officials who may have other priorities. They proposed modifying the amendments so that their role remains as strong as possible.
George Platt of the Broward Workshop, a nonprofit group of county business leaders seeking to improve the community, spoke against the proposed county changes that he said would make the board less effective.
“There’s perception and there’s reality, and what we want here is for those two things to come together,” Platt said. The regulations have to create the semblance that the board can carry out its watchdog role while also working closely with the county and other players, he said.
“The amendments, I think, are not helpful,” Platt said.