Has the county violated state law? Gadsden County says no – county attorney says budgets not properly advertised

The Gadsden Board of County Commissioners Public Information office is saying the county did not violate state laws.

Last week The Times reported that the county violated Florida laws by not advertising its first budget hearing in local newspapers, and by not posting the budget on the county’s website at least two days before the first budget hearing, which was held on Thursday, September 9.

In interviews with The Times on Friday, September 17, Leslie Steele, the county’s public information officer, said the tentative budget was posted on the website before the budget hearing.

She said, as of that day, it was also posted on the website’s homepage.

She also said that the public hearing was advertised in the Gadsden County Times .

Steele later called back and said the public hearing was not advertised in any newspaper, and that the budget was only advertised in the Truth in Millage Rate Notice (TRIM), which she said is all that is required by Florida statute.

Truth in Millage Rate Notices are only sent out to property owners, so anyone living in Gadsden County who does not own property probably didn’t receive notice of the first budget hearing.

County Attorney Clayton Knowles emailed County Administrator Ed Dixon and Assistant County Administrator Georgette Daniels on September 9 and September 13, stating he wouldn’t be attending the first budget hearing - which was held on Monday, September 13 - in person because he was sick.

In the first email, Clayton asked Dixon and Daniels if the tentative budget was posted to the county’s website pursuant to Florida Statutes 129.03(3)C), which says, “The tentative budget must be posted on the county’s official website at least 2 days before the public hearing to consider such budget…”

Clayton told Dixon and Daniels in both emails that he could not find the tentative budget on the website.

In the second email on the matter, Clayton wrote: “At present, the prior year’s final budget and the tentative budget do not appear to be on the website. With this in mind, we need both of these items to be posted to be in compliance with the applicable statutes…”

As of Wednesday, September 15, neither Dixon nor Daniels had responded to the attorney.

Gadsden commissioners met with staff during a workshop on Wednesday, September 15.

Daniels went through the tentative budget with the commissioners, but once again the commissioners did not have a copy of the updated tentative budget.

Commissioner Eric Hinson, who initially brought up the violations to the other commissioners during a budget workshop - before being cut off by Commission Chair Brenda Holt - brought up the matter again.

“We had a budget hearing last week,” Hinson said. “Show me one citizen that can raise their hand and say they have seen it on the website today.”

Hinson recommended holding another budget hearing on Friday, September 17, and posting the tentative budget with the changes on the website.

“We can at least post that stuff so the citizens can see it,” Hinson said. “I can’t see it, and the citizens can’t see it.”

Holt asked Daniels if the first budget was advertised.

Daniels said the budget hearing was advertised according to the Department of Revenue’s requirements.

Hinson asked for the attorney’s opinion.

“Mr. Attorney, were we in line with were we in line with Florida Statute 129.03(3)C)?” Hinson asked Knowles.

“No, and I’ve sent a couple of emails on this,” Knowles responded. “We’re required to post the tentative budget two days prior to the first public hearing.”

Daniels said she believed the tentative budget was put on the website the same day it was given to the commissioners, which was the day the first budget hearing was held.

“So, it wasn’t put on there two days before,” Holt said.

Commissioner Anthony Viegbesie pointed out that he asked the assistant county administrator during the first public hearing when would the tentative budget document be made available to the citizens, and she said it would be made available on Thursday, September 16.

Commissioner Kimblin NeSmith asked Daniels if the tentative budget was online.

Daniels said the budget summary was online.

NeSmith asked the attorney if that meets the statutory requirements.

“I don’t think so - I think the document that you’re looking at in your books is the tentative budget,” Knowles replied. “A budget summary is different. A tentative budget is all of your line items, revenue, account by account, department by department.”

Holt noted that the county has a new administration, and she said the regular budget director had been out for months.

Holt said staff were under the impression they had to post the summary.

The county attorney suggested that the board cancel the final hearing on Monday, September 20, redo the first public budget hearing on Thursday, September 23, and hold the final public hearing two to five days after that.

At the end of that workshop, Dixon said there would not be a meeting on September 20.

The commissioners instead agreed to meet for another budget workshop.

Nonetheless, the county moved forward with holding the final budget hearing on September 20.

No one in the audience spoke for or against the proposed budget.

During that public hearing, the county commissioners voted 4-1 to adopt the countywide millage rate of 9 mills on its final reading, which will raise property taxes by 7.47%, possibly creating an additional $1,357,955 in ad valorem revenue.

The commissioners also voted 4-1 to give final approval of a $54,608,836 on its final reading - an estimated $2.3 million increase from last year’s budget.

Hinson was the only commissioner to vote against both.

Erin Hill - Gadsden County News Service

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Has the county violated state law? Gadsden County says no – county attorney says budgets not properly advertised

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