Hillsborough commissioners authorize expedited appeal and outside counsel in school‑millage lawsuit

The Hillsborough County Board of County Commissioners voted to authorize an expedited appeal after a trial court ordered the board to place a school‑district millage referendum on the Nov. 5, 2024 ballot.

Rob Brazel, chief assistant county attorney, told commissioners the school board sued seeking mandamus relief and the trial court’s Aug. 2 ruling directs the county to meet by Aug. 13 to pass a resolution setting the referendum. Brazel said staff recommended filing an expedited notice of appeal and a motion for emergency consideration before the supervisor of elections’ Aug. 20 ballot‑printing deadline. “When government entities file a notice of appeal…an automatic stay attaches,” Brazel said, and preserving that stay would require follow‑up motions to the trial court and the 2nd District Court of Appeal.

Commissioners split 4–3 on the initial appeal motion. The majority (who voted to appeal) described the decision as necessary to protect the county’s procedural prerogatives and to preserve options while litigation continues; commissioners in the minority argued the matter belongs to voters and opposed delaying the referendum. The board also approved a motion directing counsel to take necessary actions to keep any automatic stay in place and later approved a waiver of a reply brief if counsel judged it appropriate to shorten briefing time.

In a separate but related vote, the commission authorized contracting outside appellate counsel to assist with the case and set constraints on fees. Board members discussed precedent for outside counsel in past county litigation; the board’s vote to authorize outside counsel and fee caps passed 4–3. One commissioner said the county’s in‑house team had done strong work but that experienced appellate counsel could be useful under the compressed timetable.

The actions do not change the underlying legal question the courts will decide: whether the county commission has discretion to set the timing for the school board’s property‑tax referendum. The record shows the county attorney’s office will file the notice and emergency motion and then pursue an aggressive briefing schedule if directed; the court may or may not act within the election calendar. The board recorded the vote on the appeal motion as 4 in favor and 3 opposed; minutes show Commissioners Cohen, Kemp and Myers voted no.