A new policy put in place by the Seminole County tax collector is raising legal questions about whether he can restrict who bids on tax certificates at auction.
Investigative reporter Karla Ray learned it comes in the middle of a back-and-forth between Joel Greenberg and county leaders about his plan to spend a half-million dollars for additional employees.
The decision to hire more employees comes as the tax collector plans to potentially spend even more money to move his Altamonte Springs office to another location.
The tax collector said the office poses security issues because the location has no direct line of sight to the parking lot when employees do tag checks.
Even though costs to move haven’t been calculated, a spokesperson said opting not to build on land purchased by former tax collector Ray Valdes will save taxpayers more than $2 million.
The decision to hire 19 more employees at a cost of $518,000 cuts into the amount of excess funding the county expected to get back from Greenberg at the end of the fiscal year.
Despite paying a lobbying firm $6,250 per month to speak on his behalf to lawmakers, Greenberg was in Tallahassee and unavailable to talk to Channel 9.
He issued a statement that said, “While the county plays politics, we are going to return more money to them than what was budgeted by the previous tax collector. I find it hard to believe that anyone would have an issue with more tax dollars returned, more transparency from government and shorter wait times with better customer service for our citizens."
Despite that statement, no one could give an exact number of how much Greenberg would be able to hand over to the county.
Meanwhile, the county’s attorney is disputing a new policy put in place by Greenberg that requires county employees and elected officials to declare their intent to bid on tax certificates during auctions.
In an email, attorney Lynn Porter-Carlton wrote, “My opinion is that they are not binding on the County Commissioners or County employees and that the Tax Collector lacks authority to impose ethics policies on them. The ethical standards applicable to County officials and employees are those contained in Chapter 112, Florida Statutes, Chapter 74 (Ethical Standards for County Officials and Employees), Seminole County Code, and Section 24.1 (Code of Ethics for County Employees), Seminole County Administrative Code. The Board of County Commissioners, not the Tax Collector, has authority to decide whether to change the ethical standards and policies in the County Code and Administrative Code that must be adhered to by County officials and employees.”
However, attorney Wade Vose, while representing Greenberg, wrote in another email, “Florida law grants Tax Collectors the authority, in their 'sound discretion,' to implement policies for conducting the electronic sale of tax certificates in a "uniform, fair, efficient, and accountable" manner, 'free from the influence or the appearance of influence of the local governments that levy property taxes and receive property tax revenues,' thus 'ensuring... public confidence' in the process. See Fla. AGO 2004-27; Sec. 197.603, Fla. Stat. Mr. Greenberg's reasonable transparency requirements for Seminole County employees promotes fairness, accountability, and public confidence, and dispels an appearance of influence by local governments in this important process.”
When asked how the tax collector’s office would enforce such rules, a spokesperson said “by any means necessary.”
Tax certificate sales were a hot topic during the campaign for the elected position.
An ethics complaint accused Valdes of selling tax certificates to aliases for personal gain, something Valdes denied.
Commission Chair John Horan told us in a statement: “The County had no notice that this was being done. The unbudgeted amounts that the tax collector is spending for a lobbyist, new leased office space, and these additional positions impacts the County budget during this current fiscal year. That makes it very difficult for the County to adjust to this loss of revenue.
"The appropriate way to address revenue changes that impact the County is to bring these issues to the County during the budget process. All Constitutional Officers participate in this process as part of budget planning for the upcoming fiscal year. Just sending an announcement that budgeted funds will not be paid is inappropriate and shows a lack of respect for the Commission as the governing body responsible to the citizens. The fees and charges the Tax Collector uses to fund his operations are derived from the property taxes he collects on behalf of Seminole County. The excess fees that remain after operating expenses are met do not constitute a gift that the Tax Collector bestows upon the County Commission, but rather a return of the people’s money to the governing board that provides services to the community.
"County leadership has not been made aware of the Tax Collector’s purported plans to offset these additional expenditures by closing an office and relocating services to a new location. We have seen no such plan for an official budget amendment reflecting his intent. The only communication we have received is a two-page document announcing that the ‘budget has been amended’ and that the Tax Collector was not going to meet his commitments to the County for this current budget year that ends September 30.”