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Founding Father’s of the Nation provided for three branches of government, legislative, judicial and executive. Little did they imagine that a fourth branch would emerge, although as they were aware that a functioning government would require an administrative organization. In short order by political patronage and feather-bedding, a group of individuals became entrenched and were impossible to remove. With time, pension plans, unionization and political correctness ensured that the different “agencies” would operate fully independent of the controls of the other three branches. (Funding remains a potential control, but not very.) But what of the fifth branch of government?
As the operational features of agencies became more embedded in Government at all levels, regardless of whether at National, State, County, City or administrative jurisdictions, the need for funds increased, especially for operations that existed for a single purpose. So it was that special ad-valorem tax issues were raised, as example, to provide supplementary funds for schools, hospitals, public safety and a variety of other causes. Typically boards were established which had members representing not the taxpayer but individuals from other sister organizations. Thus, the newly created organ gained access to funds not under the regulation of anyone. If more money is required for the schools, then in a regular meeting, the money could be granted and added to the taxes required to be paid by property owners.
In particular there are instances where these organized bodies obtain funds from special “tax” districts. In Florida, the Southwest Florida Water Management District has authority over how water resources are to be used. They make judgements, and recommendations to the counties and municipalities within the district. They obtain funding for their operations from the area within their purview without oversight. If they make an error in judgement, there is no corrective action to be taken. If more funds are needed, they simply impose a levy, and the monies are granted.
Once such a body exist, their rulings are accepted by those under their control, and protest are futile. If a town or county thinks the board is too lenient or generous in permitting water to be used after a dry period, then the county can simply ignore the districts relaxation of use, and keep in force the stringent rules put in effect when water was in fact in short supply. Or in anticipation of future needs, the district can impose restrictions that are ridiculous, but who can overrule them. Twenty inches of rain can fall during a tropical storm, but residents of an area are prohibited from using water for their plants except on allowed days!
Another instance bears attention. In the case of nitrogenous matter entering Phillippi creek, a drainage area for most of northern Sarasota county, local authorities decided that it must be coming from septic tanks that were in widespread use and permitted by state and local codes. Recognizing that a new sewage treatment plant would be needed if the use of septic systems were abandoned, it became an issue of blame placing without scientific proof. No one questioned that there was nitrogen containing compounds within the creek waters. However, the quantity and the source was never established and most probably comes not from the septic systems which are widespread, but instead from the very sewage treatment plants owned by the County that lie along the creek and discharge waste waters directly into the creek. One only needs to paddle the creek to discover a “bloom” of vegetative growth in the creek occurs immediately and some mile or so below each exit point for the plants.
Regardless, it has been determined that the septic systems must go at an enormous cost to the home owner that owns one. If the price for connecting is not paid, then a lien is placed on the property so that the amount will be collected when the property is sold. Automatically, this reduces the value of the home by some twenty thousand dollars, or said differently, places the homeowner at a twenty thousand dollar disadvantage to others who are also offering their houses for sale but were previously connected to the sewer system at no cost to them! This organizational body, under the name of “Environmental Services” has responsibility to no one. They even permit the creek to accumulate construction waste, plastics and other materials which eventually wash into the bay. If a business was so negligent, the owner would be forced to pay or be put in jail.. Ask the county employees to do something, and it appears that it’s a job for someone else, certainly not them! Environmental Services then can tax, collect and/or punish with impunity. They are representative of the fifth branch of government operating outside the control of the fourth branch of government (administrative function), the third branch (courts) as they are above the law, the second branch (elected officials) that has no understanding of the complex issues involved and are not answerable to the fifth branch, or the first branch (the elected mayor or other of similar capacity).
Is there a solution?
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