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Hernando Today

Baldwin Calls For Audit Of Legal Department

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By MICHAEL D. BATES

The Tampa Tribune

Published: May 29, 2008

Hernando Today

BROOKSVILLE - Civic activist Janey Baldwin is urging county commissioners to perform an immediate audit into the fiscal management of the county's legal office.

She believes an audit would uncover instances of misappropriation of taxpayer money, especially regarding Assistant County Attorney Kent Weissinger's salary arrangement.

Baldwin said Weissinger, who also represents the planning and zoning department, should not be getting 100 percent of his pay through the fee-based utilities department.

"There's something very, very wrong here and it needs to be cleared up by an audit," Baldwin said. "We can't wait."

If possible, she believes that audit should be conducted by an independent firm to ensure maximum objectivity.

Baldwin made the comments one day after Hernando Today published an overview of the county legal department.

"If I was a rate payer in that (utilities) district I'd be real upset if I picked up Hernando Today and read that my money is going to pay an attorney in the Coller law firm," she said.

Baldwin believes Coller should report to the county administrator and not the board of county commissioners, who she believes are not capable of overseeing the legal office because they are not trained in the legal profession.

Baldwin also finds it incongruous that the county maintains two separate law libraries in the downtown government center: One in Coller's department and the other in Circuit Court Clerk Karen Nicolai's department.

"That's two legal libraries in one building," Baldwin said.

Today's attorneys can go on the Internet for information, she said.

According to the budget office, the legal department has budgeted $7,500 for books, publications and subscriptions. Of that, $4,272 has been spent, according to Budget Director George Zoettlein.

County Commissioner Jeff Stabins said an audit "definitely should be done, not just for the legal department but for every department."

But Stabins said he has confidence in Circuit Court Clerk Karen Nicolai doing it.

Stabins said that, especially with the county nudging closer to budget decision time, it is important that all departments' resources - including staff - be analyzed.

To that end, commissioners recently asked County Attorney Garth Coller and all department managers to conduct performance-based budgeting, Stabins said.

Each manager will be required to assess all staff positions "to make sure the taxpayer is getting the proper bang for the buck," he said.

That data will be shared with County Administrator David Hamilton and the budget office.

Stabins said paying Weissinger through the utilities department is actually saving taxpayers money because ad valorem tax dollars don't have to be used to fund that legal position.

"If he were funded solely through the legal budget, we would have to find that money out of the general fund which, to a great extent, comes from property tax money," Stabins said.

County Commissioner Diane Rowden said county attorneys have saved taxpayers money by successfully defending the county against potentially costly lawsuits.

The legal bill from contracting with an outside law firm could have cost the county millions, she said.

Baldwin said Hernando County needs an attorney who represents the entire county and not just the county commissioners.

In addition to her civic activism, Baldwin sits on the Withlacoochee River Basin Board, a citizen-member of the regional emergency planning committee and has run unsuccessfully three times for county commission.

Hamilton did not return repeated phone calls seeking comment on the legal department.

Reporter Michael D. Bates can be reached at 352-544-5290 or mbates@hernandotoday.com.

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