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Outside counsel urges commissioners to adopt resolution placing school‑board millage on ballot amid ongoing appeal
Summary
Outside counsel told the board it should adopt a resolution to place a school‑board ad valorem millage on the November ballot while noting the Second District Court of Appeal may reinstate a stay or reverse the lower court order. Commissioners debated withdrawing the appeal and the cost and timing of outside counsel.
Samuel J. Solorio Jr., outside counsel for the county, briefed commissioners on an emergency mandamus order from Judge Peacock that directs the county to place an ad valorem millage question for the School Board of Hillsborough County on the November 2024 ballot. Solorio recommended the board adopt a resolution to implement the judge’s order but said the resolution should cease to be effective if the Second District Court of Appeal reinstates a stay or reverses the order.
"I recommend that you vote to adopt that," Solorio said, summarizing recent filings: the county’s notice of appeal, the school board’s motion to lift the automatic stay, the county’s emergency appellate filing, and an order from the appellate court directing a response and signaling expedited review.
Commissioners debated procedural and constitutional concerns. Commissioner Wostel said he did not believe a judge could "order duly elected officials" about how to vote; Commissioner Cohen and other commissioners argued that a writ from a circuit court leaves the board no discretion as a legal matter. Commissioner Kemp proposed withdrawing the appeal and placing a clean resolution on the ballot, citing concern about hiring outside counsel and costs; that substitute motion failed 3–4. The board subsequently approved the staff recommendation (special appearance and resolution language tied to the mandamus order) by recorded vote, with at least one recorded no vote.
Next steps: If the Second District reinstates a stay or reverses the order, the resolution adopted by the board would cease to be effective, as counsel explained. The county will monitor appellate filings and return to the board as needed for further direction.
