Hillsborough Commission, told to put schools tax on ballot, appeals instead (2024)

The question of whether Hillsborough voters will see a tax referendum to pay for public school teachers on their November ballots is now up to an appeals court.

The Hillsborough County Commission — which voted last month to delay the schools tax question until 2026 but was recently ordered by a judge to do it now — voted Wednesday to appeal that circuit court decision.

“Personally, I’m troubled that (school leaders) feel it’s appropriate to ask Hillsborough County voters to bear the burden of this failed leadership,” said Christine Miller, the commission’s newest member, recently appointed by Gov. Ron DeSantis.

Equally troubled was Hillsborough schools Superintendent Van Ayres, who said after the decision, “We are disappointed the County Commission wants to continue this in the courts instead of following the judge’s very clear and strong order to put the referendum on the ballot now.”

Ahead of the County Commission’s 4-3 vote, nearly a dozen speakers, including parents with children in public schools, implored commissioners not to file an appeal.

“This decision belongs to the voters of Hillsborough County … it doesn’t belong to you,” said Ellen Lyons, a member of the advocacy committee for the Hillsborough County PTA.

Jason Marlow called the battle “a legal food fight with our taxpayer dollars.”

“This board should not suppose that it knows better than we the public do,” he said.

A majority of commissioners also voted to hire outside counsel for the rest of the court case rather than the county attorney’s office, which has handled it so far. Commissioner Harry Cohen was a no vote, calling it “a flagrant waste of taxpayer dollars.”

With the November election looming, timing is critical for those who want to see the referendum question go to voters this year.

Chief Assistant County Attorney Rob Brazel told the board that the typical case before the 2nd District Court of Appeal takes about a year. But he suggested “a very aggressive briefing schedule.” The appeal will be styled as expedited and include a notice of emergency consideration.

If the appeals court rules too late, even in the school district’s favor, getting the question to voters this year could be moot.

By a 5-2 vote, school board members agreed in April to ask voters for $1 per $1,000 in taxable property value to support ongoing expenses in the nation’s seventh-largest district. Most of the estimated $177 million a year would be used for pay supplements of $6,000 a year for teachers and administrators, and $3,000 for support staff. Every district employee would get these supplements except Ayres, the superintendent.

District leaders estimate there are 400 classroom teacher vacancies as they prepare for students’ return to school on Monday.

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While there were ongoing discussions between Ayres and county commissioners about a separate county sales tax that is shared with the school district, the superintendent said he was caught by surprise when, on July 17, the commission voted 4-3 to postpone the property tax for two years. That vote split down party lines, with the board’s Republicans supporting the delay.

Commissioner Josh Wostal led the charge for a delay, citing “the excoriating increases in the costs of inflation” and people priced out of their homes.

By its own 4-3 vote, the school board decided on July 23 to sue the County Commission.

Circuit Judge Emily Peaco*ck did not hold a hearing but, after an exchange of legal briefs that gave differing interpretations of state law, ordered the County Commission on Friday to send the referendum to the elections office to appear on this year’s ballot. And do it by Aug. 13, the judge ruled

Wednesday, the commission voted instead to appeal. Legal briefs could be filed as early as Thursday. An attorney for the county said, as part of the appeal process, Judge Peaco*ck’s order will automatically be stayed, meaning it won’t be enforced.

“We are going to file a motion to vacate the stay,” Ayres said. “We are going to do everything we can to ensure it’s on the ballot in November of this year.”

“All we are asking for is, let the voters make that decision,” he said.

The push to appeal was led by Wostal and joined by fellow Republican Commissioners Miller, Donna Cameron Cepeda and chairperson Ken Hagan. Commissioners Gwen Myers, Pat Kemp and Cohen voted no.

The County Commission has a referendum of its own in November, asking voters if they want to renew the decades-old Community Investment Tax, which paid for Raymond James Stadium and billions in projects, including fire stations, schools and libraries. Some commissioners expressed concerns about two asks on the same ballot — both benefiting schools — saying voters could see it as double-dipping.

If the schools tax question makes it onto the ballot, the commission’s sales tax referendum will appear first because it’s already been sent in, according to a spokesperson for the elections office.