Pasco clerk loses funding suit over technology and courthouse costs
Pasco Clerk of the Circuit Court and Comptroller Nikki Alvarez-Sowles has lost her lawsuit claiming the county has not paid her office enough for technology and the expenses of running a second county courthouse in New Port Richey.
Alvarez-Sowles said in a statement released after the ruling that she was disappointed but not willing to give up the fight.
“Filing a lawsuit against Pasco County was never our first choice. This case involves complex legislative history and significant funding issues affecting Clerks of Court, their criminal justice partner agencies, and citizens statewide,” she said. “We are confident in our interpretation of the applicable law. Therefore, we will seek appellate review.”
Alvarez-Sowles filed the lawsuit after her budget requests were rejected by the County Commission in late 2021. She had requested a 2022 budget of $13.3 million, nearly $9 million more than the previous year. She tied the increase to the costs she believed her office was owed, including the expense of overseeing the technology for some county services.
The county has an obligation to fund technology of the original criminal justice system, which no longer is in place, according to the ruling by Circuit Judge Emily A. Peacock. The county also has the right to modify budget requests by the constitutional officers and phase in payments, which is what the county did.
Peacock also disagreed with the clerk’s argument that the county is responsible for the cost of the west county courthouse.
State law requires a county to provide court services in its county seat, which is Dade City in eastern Pasco. County officials got special permission to create a judicial center in west Pasco years ago. Alvarez-Sowles argued that made it a local expense. But that designation is only allowed by law in two circumstances and neither applies in Pasco, according to the ruling.
The lawsuit stirred concern in the community. Last month, the chairperson of the Pasco County Republican Executive Committee, James Mallo, spoke to the County Commission about his discomfort over the division caused by the lawsuit. He said that the case could set a precedent across the state and was disruptive on a local level.
County commissioners said they also wanted a solution for the conflict and decided to set a closed-door meeting with their attorneys during this week’s County Commission meeting. Such closed sessions are allowed under Florida law to discuss pending legal actions. Other than announcing that the meeting had taken place, county officials had no further comment after the private session.
Alvarez-Sowles told commissioners she was open to finding middle ground.
In a statement this week, she said, “although we are going to appeal, we remain optimistic and committed to transparent and collaborative dialogue to arrive at the best outcome for our respective offices and the citizens of Pasco County.”
