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Objections fade as judges park for free

But the auditor reminds commissioners of county policy.

By BILL VARIAN
Published April 19, 2007

TAMPA - Hillsborough County's top auditor raised concerns 18 months ago that judges weren't paying to park in county-owned lots downtown like everybody else.

They still aren't paying, County Audit Director Dan Pohto told county commissioners Wednesday.

Commissioners politely accepted his follow-up report without comment and moved on to other matters.

Former Commissioner Ronda Storms initially raised the issue of judges parking for free. Now that she's gone, no commissioner was inclined to keep it alive.

"It was not one of my top items on the agenda," said Commissioner Mark Sharpe, who suggested the board simply accept the report and file it away. "I felt like we're not going to resolve it, or at least not resolve it today."

County policy says that anyone using its downtown parking lots must pay.

Pohto said the county should either rewrite the policy to exempt judges or make them pay up. He can't force the commission to follow his recommendations. "You would hope that management would ensure that those things get done," he said.

Chief Judge Manuel Menendez contends that state law requires county government to fund the construction, maintenance, utilities and security of trial court facilities.

"Clearly, an integral part of the county's responsibility to provide court facilities and security also includes the responsibility for providing secure parking for the judges required to work at the courthouse facilities," Menendez wrote in a Sept. 1, 2005, letter to County Administrator Pat Bean.

He attached an eight-page list of instances of U.S. courthouse violence dating back to 1974.

On Wednesday, Menendez said the state Constitution also extends the privilege of free parking to the state attorney, public defender, clerk of the circuit court and guardian ad litem, who now pay for their parking.

"I've always paid for my parking, and I will continue to pay for my parking," said State Attorney Mark Ober, who estimated his bill is $30 a month. But free parking "would be a great benefit for my staff that is really struggling to pay," Ober added.

Sharpe said county officials have expressed concern that if they try to press judges into paying, judges might demand that all courthouse employees be exempt from parking fees.

Hillsborough County has 62 circuit and county judges. They earn $145,080 and $137,020, respectively.

The chief judge said he and Court Administrator Mike Bridenback planned to meet with County Administrator Pat Bean by month's end to reach agreement on the issue.

"It might just come down to a disagreement to what the law is," Bridenback said.

County Attorney Renee Lee agreed. After all, it's hard to argue with a judge. "They are the ultimate interpreters of the law," she said.

[Last modified April 19, 2007, 06:44:16]