2011 FACA Annual CLE Seminar SHERIFF S BUDGET APPEALS Jeffrey N. Steinsnyder, Pasco County Attorney Bringing Opportunities Home Bill Harlan, Alachua County Litigation Attorney
Summary County Commissions have broad discretion to set budgets of constitutional officers. State law provides for Sheriffs budget appeals: Administrative and judicial appeals Standard of review Pasco and Alachua Counties handled Sheriff s budget appeals in 2010-11. There has only been 6 Sheriff s budget appeals in the last fifteen years.
Key Players Governing Statute Standard of Review Statute in Detail and Sequence of Events Pasco County Experience in 2011 Alachua County Experience in 2011 Budget Appeals by Other Constitutional Officers Judicial Review References and Helpful Historical Materials
Key Players: County Budget Director County Commission County Manager / Administrator County Attorney Sheriff s Budget Director and Sheriff 911 Dispatch Center Executive Office of the Governor (EOG) and Administration Commission (ADCOM) Media and Citizens Local Judiciary
Governing Statute Chapter 30, Florida Statutes, Sheriffs Especially Section 30.49, Budgets Sheriffs Duties Throughout Chapter 30, Florida Statutes Many Activities Are Not Statutory Duties But Are Locally Imposed or Simply Choices by the Sheriff
ADMINISTRATION COMMISSION (ADCOM) GOVERNOR Attorney Chief Financial Commissioner General Officer of Agriculture (Pam Bondi) (Jeff Atwater) (Adam Putnam) Executive Office of the Governor (EOG) Office of Policy and Budget
Standard of Review Board of County Commissioners has BROAD DISCRETION in Approving, Modifying or Rejecting Budget Requests Not Arbitrary or Capricious Does not unreasonably impair County Officer s ability to fulfill constitutional or statutory duties Does not treat the Sheriff unfairly Burden of Proof is with the County Officer Challenging the Board s Decision
General Sequence of Events, from the Statute Sheriff Proposes Budget Certified as Reasonable and Necessary for Proper and Efficient Operations Organized by Fund and by Functional Category County Commission approves, amends, modifies Provides written notice of specific actions taken on budget
Sheriff may appeal to Administration Commission By Petition within 30 days after receiving notice Format as prescribed by the Executive Office of Governor Reasons and grounds for appeal Serve a copy on County Commission County Commission Replies within 5 Days To Executive Office of Governor (EOG), copy to Sheriff
EOG Requests Data from Both Parties Budget History Comparisons to other Constitutional Officers and Peer Counties EOG Holds Budget Hearing and Submits Report to Administration Commission (ADCOM) ADCOM is the Governor and the three Cabinet Officers Standard of Review of the ADCOM Proceedings Quasi Judicial Legislative or Executive? Hearing Before Cabinet and Cabinet Aides ADCOM Takes Final Action on Budget Within Range between Sheriff s Request and Approved Budget Similar Appeal Available for Sheriff s Application for an Additional Appropriation
Pasco County Experience with 2011 Appeal About 5% of $90 Million Budget at Issue Extensive Political Discussions Over Weekend Before Budget Hearing Panel Consisting of a Member of each of the Cabinet Offices Settled for $964K of $4.5M Demanded in Appeal (Which Represented the Increase in the Sheriff s Health Insurance and Retirement Contributions)
Alachua County Experience with 2011 Appeal Less Than 1% of $65 Million Budget at Issue Budget Request Approved Except for Law Enforcement Functional Category Sheriff Announced No More School Crossing Guards, School Resource Deputies, Cuts in Fleet Maintenance Reduction in FRS Contribution Saved Sheriff Enough to Balance Her Budget, Withdrew Appeal
Budget Appeals by Other Constitutional Officers Supervisor of Elections Section 129.201, F.S. Prop. Appraiser and Tax Coll. Section 195.087 F.S. Clerk of Court Dept. of Administration Alachua County v. Powers, 351 So.2d 32 (Fla. 1975) Judicial Review of ADCOM Decision Section 120.68(1), F.S. and Rule 9.030(b)(1)(c), FRAP Appeal to District Court of Appeal where: Agency is headquartered, or A party resides
Lessons Learned in 2011 Focus budget reductions in one functional area Convince Budget Office to take ownership early Short turnaround after Sheriff files petition Reach agreement with Sheriff on correct data and meaning of terminology; cooperation is key Involve an experienced Cabinet practitioner Consider carefully any use of consultants or outside counsel to present at the hearings Time is very limited Consider the role of an elected official at hearing Emphasize Standard of Review and Burden of Proof
References and Helpful Historical Documents Section 30.49, F.S. contained in outline Pasco and Alachua Counties 2011 Petitions, County Replies, Data Responses are online Lee County 1998 and 2000 Report to ADCOM, ADCOM Transcript and Final Order - online Briefs in 1998 Appeal to 2d DCA not online Alachua County 2000 Detailed Settlement Agreement EOG Guidance to Sheriffs General Instructions for Filing a Budget Appeal 2010-2011
Questions? Contact Information Jeffrey N. Steinsnyder, Pasco County Attorney (727) 847-8120 jsteinsnyder@pascocountyfl.net Bill Harlan, Alachua County Litigation Attorney (352) 374-5218 wharlan@alachuacounty.us