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Board adopts resolution to place school‑board millage on November ballot while appeal continues
Summary
Outside counsel told commissioners a circuit court had issued a writ directing the board to place a school‑board ad valorem millage question on the ballot; after debate and a failed substitute to withdraw the appeal, the board approved staff's recommendation to place the measure on the ballot but make it ineffective if the appellate court reinstates a stay or reverses the order.
Outside counsel Samuel J. Solario Jr. briefed the board on an ongoing mandamus matter in which a circuit judge ordered the county to place a school‑board ad valorem millage on the November 2024 ballot. Solario said the county filed a notice of appeal and an emergency motion to the Second District Court of Appeal; that court ordered an expedited response and signaled a fast‑track schedule.
Solario recommended adopting a resolution that would place the millage on the ballot immediately but provide that the resolution “ceases to be effective” if the appellate court reinstates a stay or reverses the mandamus order. Commissioners debated separation‑of‑powers concerns and the fiscal cost of outside counsel (one commissioner said the firm was retained for up to $50,000). A substitute motion to withdraw the appeal and place the millage on the ballot without further appeal failed 3–4. The board then approved staff's recommendation to proceed subject to the appellate court's actions; the motion carried 6–1 (Commissioner Myers voted no).
Samuel Solario summarized the posture: “We filed an emergency motion in the court of appeals to lift or to review that order,” and warned the board that the Second District had ordered a response and telegraphed expedited handling. The adopted resolution takes immediate effect but explicitly terminates if the appellate court reinstates a stay or reverses the order.
