City of Waldo to sue Alachua County

After failed attempts at mediation with Alachua County, the City of Waldo has opted instead to file a lawsuit.  The decision to file the complaint was approved at the Oct. 12 city commission meeting.

“The City does not wish to go into court for this, but we feel we’re due some money,” Waldo Police Chief Mike Szabo said.

The complaint charged the County with inappropriate use of its Intergovernmental Radio Communication Program, better known as the “$12.50 fund.”  Money for this fund is derived in part from tickets written by the Waldo Police Department and is supposed to help pay for inter-county communications, thus the official name of the program.

“There is no ‘inter-government’ about it,” Waldo City Attorney John McPherson, said.

The problem started when the County connected police radios through Gainesville Regional Utilities (GRU) at a cost to the City of Waldo of $60.11 per radio per month.

None of the money from the $12.50 fund has gone to help alleviate the cost of the GRU connection fees for Waldo.

Now City officials want what they believe is their due – the money from the $12.50 fund.

“We’re not benefiting [from the $12.50 fund],” Chief Szabo said.

He believes that the fund was not originally created to simply take money from municipal police departments, but rather to create opportunities and provide better communications for every department in the County.

Chief Szabo pointed out the difficulties involved in the case, as there is no case law involving this type of situation. He said in researching other small cities in the state, they all said their communications was taken care of.

“No one else in the state has this problem, that I know of,” Chief Szabo said.

He believes that the City of Waldo has no choice but to go in front of a judge. He also believes that Waldo has nothing to lose, and Alachua County does. 

Exactly $571,897 is what Alachua County stands to lose if a judge awards the City what it is asking.

Still, Chief Szabo wanted to emphasize that the City is suing the County as a last resort.

“We’re backed into a corner.”