“Because the Clerk has elected not to perform her duties under the Inspector General Ordinance and other laws, her Complaint in this case must be dismissed”



SHERYL STECKLER, in her official capacity as Inspector General of Palm Beach County (“Inspector General”), by and through her undersigned counsel, and in accordance with Rule 1.230, Florida Rules of Civil Procedure, files this Motion for entry of an Order allowing her to intervene in this proceeding and to have a status that is not subordinate to the other parties in this proceeding, or with as few restrictions as this Court deems just and appropriate.

Impact of this Matter on the Inspector General

The plaintiff Municipalities are challenging provisions inthe County Charter and the Inspector General Ordinance relating to the funding ofthe OIG, including the constitutionality of certain provisions. Furthermore, the plaintiff Municipalities have generally refused to remit payment as required by the both the County Charter and Ordinance, thereby impeding the operation of the Office of Inspector General. As a result of this legal action, the Clerk and Comptroller has elected not to perform her duties as required by the Ordinance, which are comprised of calculating the respective funds owed by each entity, sending out quarterly invoices, and depositing tlie funds received (Which the Clerk characterizes as her “collection” duties). The Clerk llas also elected not to permit the expenditure of any funds received from any municipality to fund the Office of Inspector General, even funds remitted under the Ordinance by any of the 24 municipalities which are not parties to the lawsuit.

WHEREFORE, the Inspector General respectfully requests that this Court enter an Order finding her a necessary party and allowing her to intervene in an unsubordinated capacity, or allowing intervention with as few restrictions as this Court deems just and appropriate, including authorization to Íile the specific pleadings attached hereto as the following Exhibits:

1. Inspector Genera1’s Motion to Dismiss and Compt1‘o11er’s Amended Complaint in Intervention, Cross-Claim, and Counterclaím for Declaratory and Other Relief.

2. Inspector Genera1’s Crossclaim For Issuance of Writ of Mandamus to the Clerk.

3. Inspector Genera1’s Motion to Dismiss Municipalities’ Complaint for Declaratory Relief.

4. Inspector Genera1’s Crossclaim for Issuance of Writ of Mandamus to Plaintiff Municipalities.

Full Motion Below…

Background stories on this are here and here…