Overdue payments and the possibility of a lawsuit are not deterring the Loxahatchee Groves Town Council. They agreed to move forward this week with an attempt to mutually terminate their contract with the Palm Beach County Sheriff’s Office (PBSO), but the agency is unlikely to sign off.
The council passed a motion at a meeting Tuesday, Jan. 20, to approve a recently drafted mutual termination and release agreement intended to end the town’s ongoing contract dispute with the PBSO. This comes after they postponed consideration of the matter earlier this month.
Town Attorney Jeff Kurtz presented the council with an updated agreement. If signed by both parties, it would release the town from its payment obligations and prevent officials from the PBSO from suing. But Kurtz said lawyers representing the countywide agency have advised them not to accept the offer.
“They indicated that they would be unlikely to approve the mutual termination and release agreement,” Kurtz said. “They stated in their correspondence that they believe that the town is in breach of the contract because of the non-payment.”
Last December, the council decided not to pay the PBSO as required by a contract signed in 2024. Since then, the town has accumulated an outstanding balance of $113,337.84. The amount owed is set to increase, with a payment of $56,668.92 due by Jan. 25.
Deputies have responded to the alleged breach of contract by withdrawing a number of law enforcement services from Loxahatchee Groves. According to the agency, deputies now treat the town as a zone and will respond to needs based on priorities and resources available. Town officials have interpreted this as residents receiving law enforcement services similar to those in unincorporated areas of the county.
With the dispute potentially leading to a lawsuit, Kurtz went through what could happen. If officials from the PBSO decide to sue, they likely would not be entitled to attorneys’ fees if they succeed. The contract does not have any provisions that would allow them to do so.
However, whether the town will have to pay for the months deputies did not provide services if they lose a lawsuit is unclear. In a letter addressed to Kurtz and Town Manager Francine Ramaglia, lawyers representing the PBSO indicated that as of Jan. 13, deputies will withdraw service to the town.
Kurtz explained that statements by other senior officials and to the press by the PBSO might contradict this. As such, there may be an argument that can be made that they should not pay them for those months.
“If there were litigation, we would certainly assert, as an affirmative defense, that the way the contract was drafted, the pay was for additional services,” Kurtz said. “In the absence of additional services, no payments would be due.”
Councilman Paul Coleman pushed back on reports that the town cannot afford to pay the PBSO. He pointed out how they do have the funds, but they believe the money can be better spent in other areas, like infrastructure.
“It’s not that we have the inability to pay,” Coleman said. “We do have the ability to pay. It’s a matter of fact that we don’t agree that we should be paying for this premium service.”
Councilman Todd McLendon supported Coleman’s position. He emphasized that there are infrastructure projects that need to be done, and the council does not want to increase taxes to do so.
“We’ve got to figure out where we need to spend our money and where it’s more wisely spent,” McLendon said. “This premium service contract is not a priority when we have major infrastructure issues here.”
If the council decided to pay the outstanding balance, there would be no late fee. The contract also includes a provision allowing the town to give notice of termination by March 31, 2026. If that occurred, the agreement for enhanced law enforcement services would end on Oct. 1.
Councilwoman Lisa El-Ramey was interested in reinstating payments for the contract. She, along with Coleman, supported a failed motion to restart paying the PBSO, negotiate if the town has to pay for when deputies do not provide enhanced law enforcement services to the town, and plan to terminate the contract as stipulated in it.
“There are a lot of pots that this money could go into,” El-Ramey said. “But I believe, legally, we have that obligation.”
The council then passed a motion 3-2 to approve the mutual termination and release agreement and continue to not pay the PBSO. Kurtz will forward the agreement to the agency and return to the council with their official response.
In a related update, during the council’s last meeting, McLendon told residents that he received an e-mail from the PBSO that assured him that deputies would continue to provide services needed by the community. He clarified at Tuesday’s meeting that the statement he received was a press release through a public records request.
