In a recent keynote speech at a citizens’ forum, the Inspector General of Palm Beach County, John A. Carey, clarified the boundaries of his Office in pursuing accusations of Sunshine Law violations.
Carey fielded questions about Sunshine violations after explaining responsibilities of the Office of Inspector General (OIG) and its successes in fiscal year 2014 at a forum hosted January 27 by former Palm Beach County Commissioner Jess Santamaria in Royal Palm Beach.
Carey said a major part of the Inspector General’s responsibility involves performing audits to help government services improve efficiency and compliance and recommending best practices to prevent fraud and waste.
In FY 2014, the OIG reported questioning costs or expenditures of $2.9 million, providing 1,489 responses to citizens voicing concerns or requests, and issuing 20 reports with 104 recommendations to save taxpayer dollars.
However, the bar for pursuing Sunshine Law violations is extremely high, Carey said. Complaints are often based on the “perception of wrongdoing,” but to pursue investigation the OIG needs “evidence” such as an eyewitness, with information on what was discussed, for how long, exactly who met with whom, and when. If such evidence is provided, then the OIG turns the complaint over to the Attorney General, he said.
Asked if the OIG was involved in any issues on the Agricultural Reserve, which was a major concern expressed in the audience, Carey said, “We are looking to some degree, but some of the concerns involve interpretations of laws…Frankly, some issues have to be settled in the courts. Sometimes we can’t overturn county or municipal votes if they’re legal,” said Carey. “We have to let other parts of democracy – voters or the press – do the other part.”
The citizens’ forum held in late January was one of a series of monthly forums that Jess Santamaria has held throughout his past eight years as a county commissioner. After reaching term limits, he announced that he will continue to hold the forums, focusing on increasing transparency in government and helping citizens have a stronger voice in the issues being decided by government officials, particularly on overdevelopment being fought on many fronts throughout the county, including the massive Minto West development approved last fall by the county commission.
Commenting on the Sunshine Law, Jess Santamaria said the law was faulty in that it covered meetings among officials, but is not clear on officials meeting with vendors. “Why not require recordings of all meetings [between vendors and officials]?” he said.
Regarding the issue of 15 cities in the county suing over the shared costs of an Inspector General, Jess Santamaria questioned why the costs were not borne by the vendors, since the county commission unanimously passed the process, and when confronted by county staff that the IT costs would be too expensive to implement, Jess Santamaria suggested a low-cost workaround. “But it’s never been implemented,” he said.
The forum, the first held by Jess Santamaria since his two- terms, eight years, of service, on the County Commission, attracted more attendees and speakers from outside his District than usual. Also attending was current District 6 Palm Beach County Commissioner Melissa McKinlay and G.L. Homes top executive.