Escambia County Votes to Join Lawsuit Against Clerk Over Community Support Funds — Seeking Court Answer on Who Decides Public Purpose

Escambia County, FL (NewsRadio 92.3) -- Escambia County commissioners voted 3-1 Tuesday night to join a lawsuit as a plaintiff against Clerk of Court Pam Childers — not to recover money, but to get a court to answer a constitutional question the board and clerk have been unable to resolve on their own: who gets to decide what counts as a legal public purpose for county spending?

The lawsuit was filed April 24th by State Representative and Attorney Alex Andrade on behalf of two Warrington-area nonprofits — the Greater Pensacola Junior Golf Association, doing business as First Tee Gulf Coast, and the Warrington Emergency Aid Center, known as WEAC. The case stems from Childers' refusal to issue $7,000 in county discretionary fund payments the full commission had unanimously approved — $4,500 to First Tee for youth golf programs and $2,500 to WEAC to reimburse documented food pantry expenses.

Childers argues that commissioners have been treating discretionary line items as individual slush funds, and that funneling property tax dollars to private charitable organizations does not serve a legitimate, legally defined county purpose. She filed a motion to dismiss the case in May. The case raises a question that goes well beyond these two nonprofits — if Childers' position is correct, she could potentially be personally liable under Florida Statute 129.09 for more than $1.5 million in similar payments she authorized since 2016.

Andrade appeared before the board Tuesday and argued that joining as plaintiffs would resolve the dispute faster and cheaper than being dragged in as defendants — which he said Florida law now requires because of a 1985 county ordinance discovered during discovery. That ordinance explicitly authorizes the county to expend funds to promote goodwill toward the county through community service groups, which Andrade argued makes the payments to his clients lawful on their face.

The board's vote was conditioned on the county not pursuing repayment from Childers even if a court ultimately finds the payments were illegal — meaning the board is not looking to hold the clerk personally liable regardless of the outcome.

Commissioner Mike Kohler argued joining as plaintiffs was the fiscally responsible choice since the board had already voted to approve the payments and was going to end up in the lawsuit one way or another. Commissioner Lumon May said the only thing he wants is a clear legal answer on whether the payments are lawful. Commissioner Steve Strohberger, who voted against joining as a plaintiff, said he was uncomfortable with the county suing a fellow constitutional officer but agreed the question needs a definitive answer.

Commissioner Barry was absent. The vote was 3-1 with Strohberger opposed and Kohler, May, and Chair Hofberger in favor. The county attorney confirmed that regardless of plaintiff or defendant status, the commission was likely to end up involved in the case due to the 1985 ordinance — and that joining as plaintiffs gives the board more control over the scope and remedies being pursued.