An Orange Circuit judge ruled Elections Supervisor Glen Gilzean made a “facially sufficient claim” in his lawsuit against the county to get his December budget payment — but the clock is also ticking.
Orange County government and Comptroller Phil Diamond — defendants in Gilzean’s civil lawsuit — have 20 days to argue why Gilzean’ should not receive his money after Gilzean serves them with his amended petition, Judge Luis Calderon wrote in his 2-page court order Thursday.
The legal dispute plays out in Gilzean’s final weeks on the job.
Incoming Election Superior Karen Castor Dentel is sworn in on Jan. 7.
Diamond, Gilzean and Orange County did not comment Thursday evening.
Led by Orange County Mayor Jerry Demings, several officials voiced concerns about Gilzean spending $5 million on initiatives not directly related to the elections, including $2.1 million for Valencia College scholarships. Gilzean, appointed to fill a partial term by Gov. Ron DeSantis, argued he has control over how to spend his budget surplus.
Gilzean filed his lawsuit after the Orange County Commission voted Dec. 3 to withhold Gilzean’s regular budget payments amid his spending controversy. Orange County already dispersed $9.6 million of Gilzean’s $19 million budget – nearly half – for this fiscal year that began Oct. 1.
“Not only will the Orange County and the Comptroller’s withholding of previously allocated funds to the Supervisor result in delayed payment to hardworking 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.
This week, Diamond said Gilzean wrote 224 checks for $4.3 million alone this past weekend, nearly draining his bank account after the county voted to stop giving money. Gilzean defended his payments and said they were related to the Nov. 5 General Election.
The Orlando Sentinel reported that Gilzean’s 50 employees got paid this week, after all, since Gilzean had warned them that their pay was at risk.
What’s next for the Orange County Commission is Tuesday’s meeting, where officials will likely discuss Gilzean for the third time since the spending scandal surfaced last month.