Worrisome SDS Update

Are you worried about the direction our County seems to be going? Do you worry that we are headed for a government directed cradle to grave society? Are you concerned at the lack of respect for and adherence to the Constitution of the United States of America?

I am. I am fearful for our Country and the lack of leadership in Washington. But I am equally worried about the lack of respect for and adherence to the Constitution of the State of Georgia and the laws of our State. The lack of leadership of the Gwinnett County Board of Commissioners is shocking and sickening. The state Constitution forbids double taxation, and the Service Delivery Strategy Act forbids the use of funds for the provision of services among cities and counties except in certain areas unless an SDS Agreement between the Cities and County allows for other choices. There is no disputing the fact that there are tax inequities in Gwinnett County. Less clear is how much that inequity has cost the taxpaying public who live in Cities. Over the life of the past ten year Agreement, the tax inequity is something on the order of $20,000,000 to $120,000,000. The Cities’ position is that this tax inequity cannot be extended to another SDS Agreement period.

The Cities of Gwinnett and Gwinnett County have been debating, arguing, fussing, and litigating about the SDS Agreement renewal for nearly three years. But nothing has been settled even though the Cities and County agree on all points but about three or four major points of contention. Now we have missed date of the judge’s ruling for settling our differences of February 1, 2010, and we are in the throes of sanctions against the Cities and County. That means that neither of the groups will be able to receive state grants, spend state grant money on projects, and this will affect you, the citizen, adversely. Roads will remain unrepaired and unpaved, sidewalks will not be repaired nor new one begun. There are a plethora of areas in which you will be affected.

I encourage you not to blame the Cities for this stalemate. The Cities have presented offer after offer to settle, but the Commissioners have ignored or refused all offers of compromise, intent on keeping the previous tax inequities and spending service funding the way they want in contravention of the Constitution, State Law, and court rulings.

City Mayors or representatives and the Board of Commissioners met jointly for a meeting on January 19, 2010. This was the first time since the actual inception of the talks some 6 or 8 months ago that all the County Commissioners heard the same presentation even though correspondence for some thirty months prior had been distributed to each commissioner. The upshot of this meeting was everyone heard our latest offer of compromise, but NOTHING else was accomplished. Obviously, the ball is in the Commissioners’ court. I believe, that the judge’s ruling on how funds that are collected by the County must be spent in accordance with the SDS Act for providing services, is the correct one. The Georgia Supreme Court agrees with that view in that they refused to hear the County appeal of Judge Barrett’s ruling. My understanding is that the Cities have the moral and legal high ground in this matter. You should not have to pay for services you don’t receive from Gwinnett County just because you live in an incorporated city.

We folks who live in Cities are a part of Gwinnett County. The Cities and the County agree and work together on many issues. As an entire County, we need to settle this SDS issue. Jointly we need to stop spending your money on legal fees, get sanctions lifted, continue to provide excellent services at the lowest cost available, and move on.

Remind members of the Board of Commissioners that they are the decision makers in this matter. They should determine how compromise with the Cities is to be obtained, and instruct County staff to implement their decisions. Remember, lessening the tax inequity will mean money in the taxpayers’ pockets not in any City coffer. As long as the Board of Commissioners can string this out, they will be collecting somewhere around $1,000,000 per month of city taxpayer money without providing the corresponding services.

Let’s get on with it. Just because the County is the 800 pound gorilla in the room, doesn't mean that what they are doing is legal. We have spent enough time and your resources on this issue. If jointly we do not reach an Agreement, a judicial rule will ultimately determine how much taxes you pay each year for services you receive from Cities or the County. By the time you read this the Cities and the County may be trying the suit to determine service delivery methods and means. You will not be pleased with a judicial decision, of that I am certain.