Glen Gilzean sues and accuses Orange County of illegally withholding money

Orange County Elections Supervisor Glen Gilzean fired the first shot and filed a lawsuit against the county and Comptroller Phil Diamond for freezing up his Office’s funds.

“Not only will the Orange County and the Comptroller’s withholding of previously allocated funds to the Supervisor result in delayed payment to hard working government employees and contractors — in the middle of the holiday season — it also violates Florida Law, and potentially subjects the Supervisor to litigation,” Gilzean said in his lawsuit.

“Simply put, Orange County and the Comptroller do not have discretion to withhold funds once the budget has been approved and the statutory conditions have been met.”

But Diamond has argued Gilzean’s Office has a $4.4 million bank account balance — enough to make his $250,000 biweekly payroll for 55 employees, per a letter the Comptroller wrote to Gilzean Thursday.

Orange County officials are accusing Gilzean of going on a spending spree by giving $5 million to local nonprofits for career training, student scholarships and more, activities which aren’t directly related to elections.

The Orange County Commission voted Tuesday to withhold Gilzean’s upcoming budget payment after Diamond raised concerns that Gilzean was refusing to release financial records.

Gilzean said the Commission did not properly notice the issue on the agenda to inform his Office what they would be voting on or discussing. 

The county officials’ very public feud was not only over Gilzean’s spending, but allegations about his transparency.

“Open the books, Mr. Gilzean,” Diamond said at Tuesday’s meeting that Gilzean did not attend. “We have a right to know how you’re spending our money.”

Diamond said Gilzean was evasive and hadn’t released financial records as Diamond was investigating if Gilzean had given an additional $1.1 million to a local nonprofit.

The lawsuit said Diamond asked Gilzean for the records at 2:05 p.m. on the Wednesday before Thanksgiving.

Diamond told County Commissioners about Gilzean’s issue working during a holiday week. “I’m not sure where that was coming from exactly,” Diamond said. “I mean, we work. We do the job. We get the job done.”

Gilzean then argued he gave Diamond what he asked for Monday of this week before Tuesday’s meeting.

Diamond reported to the Commission that he hadn’t received any records.

The Comptroller’s Office then said Gilzean’s email bounced because it exceeded the server’s file size and Gilzean should have received a failed message in response.

Gilzean’s suit comes a month before he leaves his post, since he decided not to run for a full term. Gilzean was appointed in March by Gov. Ron DeSantis.

Gilzean is asking the courts to require the county to release his December payment for his annual budget and for “further relief as this Court deems just and proper.”

Gilzean posted a Marvel meme on X after the lawsuit had been filed and wrote, “When the truth is on your side.”

Meanwhile, Orange County Mayor Jerry Demings has threatened a lawsuit against Gilzean for spending funds on programs that haven’t gone through county budget oversight. But so far, it does not appear any legal action has been filed.

“If we allow the constitutional (officers) to thumb their nose at the process that we use to establish their respective budgets and not be held accountable to what they tell us they’re going to use the funds to do, then that is a calamity that’s waiting to happen,” Demings said last month. “So because of that, I remain concerned.”

Orange County declined to comment on the pending litigation Friday. Diamond’s office did not respond to a message for comment.