Home › News › Local news
Squabble over Collier’s investment income returns to court
RELATED STORIES
More Local news
- Marco Community Bancorp launches private placement stock offering
- East Naples firefighters donating 100 turkeys to St. Matthew's House
- Man dies a day after being struck by truck in Golden Gate
Tell us about it
- What would you add to this story? Tell us what we missed.
- Do you have photos from this event? Documents we need to see? Share with us.
- Upload photos & videos
- More ways to get your stuff online and in the paper.
STORY TOOLS
Share and Enjoy [?]
NAPLES — Collier County officials head back into court Thursday to duke out financial issues between the Collier County Commission and Clerk of Courts Dwight Brock.
The two parties have been quibbling over titles and money for more than seven years.
Scheduled for an appeal, the ruckus, ultimately, revolves around whether Brock is a budget officer or a fee officer. A fee officer has more autonomy from county commissioners.
Commissioners wanted the court to settle that question when they filed suit against Brock in April 2007.
But the dispute goes as far back as 2000.
And at the end of all the filings is the issue of money, specifically, can Brock use interest earned from county investments he oversees as part of his job as income to keep his office running?
Right now, all of that is tied up in legalities via cross motions by lawyers for both sides.
Brock maintains that when the county filed against him, it was to exert greater control over the clerk’s independent constitutional and statutory roles overseeing county funds and finances, and that it hoped “that by obtaining a declaration that the clerk was a budget officer, dependent on the (commissioner) for approval of his annual budget, it could control the clerk,” Brock’s lawyer wrote in his initial appeals brief.
The hearing was scheduled for October 2007, when the county filed an amended complaint.
Then on Feb. 18, the county filed a motion for partial summary judgment, whether clerks of court may use income earned on county funds without the consent of commissioners.
On March 18, Judge Jack Lundy sided with the county, but, according to Brock, did not issue a written order.
While several months passed without a written order, the county continued to press its claims and requested a September trial date.
“Accordingly, on June 3, (Brock) felt he had no choice but to file a petition (requiring) the judge to enter a (written) order,” according to Brock’s brief.
On June 16, two days before several motions were scheduled for hearing before Lundy, he issued a written order favoring the county’s motion for partial summary judgment.
When the parties met in court on June 18, Lundy stated that his June 16 memo was meant to be a final and “appealable” judgment.
That day, Lundy amended his June 16 memo in order to be clear that the trial court was entering a final and appealable judgment.
In the interim, the county filed several of its own motions, asking the court to make Brock comply with law as decided by trial court, and then an application for an injunction.
Comments
This site does not necessarily agree with comments posted below. Comments are the sole responsibility of the person posting them. Break our rules, and we will ban you. No exceptions, no second chances. Read our privacy policy & user agreement.
SEVEN FREAKIN YEARS....SEVEN YEARS????
What's the point?
After seven years...I forgot!
Plus, I heard Brock is not going to run for office again, so he's fighting just to fight?
HUH?
#1 Posted by beetlejuice on August 13, 2008 at 10:29 p.m. (Suggest removal)
Bob Alonso's First issue at http://www.bobalonso.com/
1) In order to “fix” what has transpired in the last four years within our local government, we must start by letting this great government system correct itself; First things first, the Collier County Clerk of Courts has been trying to audit the books but our commissioners blocked the process through a majority vote! It is costing us, the tax payers, hundreds of thousands in litigation. What are the commissioners hiding? If they conducted business honestly and responsibly, then why not let the Clerk of Courts do what the law REQUIRES them to do.
#2 Posted by JusticeForEveryone on August 14, 2008 at 6:45 a.m. (Suggest removal)
Actually nobody can hinder the Clerk of the Court to audit county departments.
And the Clerk's office has done so in the last few years several times. I remember an audit in the Housing and Grants administration last year. Shortly after it, the department was completely re-organized and the remainder is now part of the Public Service department.
For the readers, who want to learn more on what the County Clerk of the Court does:
"The Clerk of the Circuit Court of Collier County is an independently elected Constitutional Officer and Public Trustee whose responsibilities include Accountant, Auditor, Keeper of Court and Public Records and "Watchdog" of all Public Funds.
The Clerk's role is defined by the Florida Constitution of 1838 and Florida Statutes to ensure a critical system of “checks and balances” to protect and serve the citizens and taxpayers of Collier County by making sure that all taxpayer dollars are spent lawfully.
The Clerk’s Office performs nearly 1,200 different constitutional and statutory functions or duties, the broadest and most diverse role of any elected public official.The Clerk’s Office ensures that all county and state programs are administered correctly, efficiently and in full public view."
That's quoted from the web site: http://www.CollierClerk.com
#3 Posted by geek87 on August 14, 2008 at 6:21 p.m. (Suggest removal)
Post your comment
(Requires free registration.)