Hillsborough commission responds to school board lawsuit over ballot measure

Previous coverage: Legal deadline looms for Hillsborough County schools lawsuit

TAMPA, Fla. (WFLA) — The Hillsborough County Board of County Commissioners responded in a court filing Friday to a lawsuit from the Hillsborough County School Board over a ballot measure.

The school board sued the commission after the commission blocked a proposed tax increase –that would have raised teacher pay — from appearing on the ballot in November. It was estimated that the one mill tax increase – $1 for every $1,000 of assessed value – would have generated $177 million for teacher pay.

In its response to the lawsuit, the county said the school board “failed to demonstrate” how the statute in question gives it the right to determine when the referendum is placed on the ballot.

“Since the statute at issue imposes a duty to call an election for the Referendum on the County Commission, it also confers on the County Commission the authority to exercise reasonable discretion to determine the date of such election,” the county’s attorneys wrote.

The attorneys also wrote that the law only states that “such election may be held at any time” and does not give the school board the right to determine the date of the election. The commission cited a case involving Hernando County, which said that a county commission does have the authority to choose when to schedule ballot initiatives.

The commission, in blocking the referendum from the ballot, argued that there shouldn’t be two tax-related proposals on the same ballot. The school board contends the commission does not have the authority to push off the proposal until 2026.

“It’s puzzling to all of us in Hillsborough County Public Schools as to why four county commissioners are taking the choice out of the hands of voters,” Superintendent Van Ayers said.

The Hillsborough County supervisor of elections said he needs a decision on the issue by Aug. 20 if it is to be placed on the ballot.

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