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Board advances resolution to place school‑board millage on November ballot amid active appeal
Summary
Outside counsel told commissioners a mandamus order directs the board to place an ad valorem millage on the November 2024 ballot; after debate over legal obligations and outside counsel fees the board approved staff’s recommendation to proceed, with the resolution taking immediate effect but ceasing if the appeals court reinstates a stay.
Outside counsel Samuel J. Solerio, Jr. briefed the board on an active mandamus order and an expedited appellate schedule in the litigation between the Hillsborough County School Board and Hillsborough County. Solerio summarized the immediate posture: Judge Peacock entered a mandamus order on Aug. 2 directing the board to place the school‑board ad valorem millage on the November ballot; the school board asked a court to lift the automatic stay, the county opposed, and the 2nd District Court of Appeal ordered briefing and signaled an expedited process.
"My recommendation is that you vote to adopt" the resolution placing the measure on the ballot while recognizing the board’s approval would "cease to be effective should the 2nd District reinstate the stay pending appeal or reverse the order," Solerio said. He emphasized the appeals court had ordered a response and telegraphed fast tracking.
Commissioner Kemp argued the board should withdraw the appeal and "pass a clean resolution" to put the millage directly on the ballot; she also criticized the recent hiring of outside counsel and the cost cap. "The board has hired a law firm for up to $50,000…we advertised the appeal would cost only $300 — now it's thousands of dollars," Kemp said. The substitute motion to withdraw the appeal and pass the clean resolution failed 3–4.
The board then voted 6–1 to adopt staff's recommendation to continue the county's appellate effort while adopting a resolution that places the millage on the ballot but automatically ceases to be effective if the 2nd District reinstates the stay or reverses the lower‑court order. Commissioner Myers was recorded as the lone vote against that motion.
The resolution is procedural: it complies with Judge Peacock's mandamus order while preserving the county's appellate rights and responding to the appeals court's expedited schedule. The county attorney and outside counsel will proceed with briefing and will report developments to the board as the appellate timetable unfolds.
