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Residents of unincorporated Gwinnett County may find out in the coming week whether the county’s solid waste program will go on as scheduled Jan. 2, or if a judge will grant an injunction to stop it.
Superior Court Judge Michael Clark on Friday told attorneys in the dispute to submit proposed orders on the case by 5 p.m. Tuesday. The orders will specify how both sides want the judge to decide.
At issue is whether Gwinnett Clean and Beautiful Services, a private, non-profit corporation, can administer the program, which calls for mandatory garbage collection and recycling for some 180,000 residences.
The plaintiffs in the court case contend Gwinnett County abdicated its legislative authority by placing control of waste collection in the hands of a private entity. If the judge issues the injunction, GCBS would be forced to stand aside, along with the two private haulers it has hired to provide the service.
“I believe total chaos would ensue” if the injunction is granted, said Connie Wiggins, president of GCBS and executive director of its non-profit parent, Gwinnett Clean and Beautiful.
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http://www.ajc.com/metro/content/metro/gwinnett/stories/2008/12/12/gwinnett_solid_waste.html
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GWINNETT DAILY POST
-Two more join fight against county-
Decision regarding Gwinnett garbage proposal expected to come next week
By Jamie Ward - Staff Writer - 12/13/2008 12:01:00 AM
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LAWRENCEVILLE - A preliminary injunction hearing to keep the garbage service in the unincorporated parts of the county as-is wrapped up Friday and is now in the hands of Gwinnett County Superior Court Judge Michael Clark.
...there were some heated legal exchanges among the attorneys, Judge Clark and Connie Wiggins. The main issue concerned whether the county had the authority to delegate its trash collecting responsibilities to a private, nonprofit corporation.
...When some sections of that contract were read aloud, it appeared that the nonprofit corporation had “sole discretion” to act in its’ ... best interest...
“How can they have sole discretion on a county matter,” Judge Clark asked Attorney Silva.
“Sole discretion means you have no control over me.
If I had sole discretion, then the court of appeals couldn’t do butkus to me.”
Attorney Silva said that Gwinnett Clean and Beautiful taking over the garbage plan administration from the county was getting rid of government bureaucracy...
Judge Clark fired back:
“They hired more bureaucracy,” he said.
“They just called it something different.”
... He also wondered whether private employees of a nonprofit corporation had the legal authority to write citations and issue $500 fines to citizens not in compliance with the solid waste ordinance.
“When you start trying to enforce that,
it’s going to be ridiculous,” he said.
Clark’s ruling is expected late next week after lawyers for the county, Gwinnett Clean and Beautiful and the haulers submit final documents as ordered by 5 p.m. Tuesday.
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http://www.gwinnettdailypost.com/main.asp?SectionID=6&SubSectionID=84&ArticleID=53918
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