Bear Trap Part III

 

The legal saga over a 401(a) plan's "legality"  will eventually be settled.  But for the clerk of the court and comptroller--either outcome produces a pyrrhic victory so far as I can tell.....

As I discussed via multiple blog posts way back in June  and August, respectively, of last year--the ratcheting up of legal wrangling back and forth by the Clerk's office really does not help the Clerk's case.

It's simple.  The 401 a plan is either legal for commissioners--or it isn't.

And a judge will decide this.

And then we can all move forward---- as the legality of the plan is and aways has been the seminal question that needs to be answered so far as I am concerned.

Meanwhile--a bona fide contract approved by the Escambia BCC has been terminated by the clerk (constructively) via her failure to uphold the terms of it by the withholding of payments stipulated within said contract.  That's what my issue is and has been from the beginning--I don't take the plan at issue but I jealously guard the powers, rights, and responsibilities of this board, just as constitutional officers like the clerk guard their powers, duties and responsibilities under statute.  The passive allowance of this unilateral decimation of a bona fide contract of the BCC by the clerk  is bad  precedent to set, outside the purview of the clerk, and in very poor form if----as many believe-----the contract and stipulations as to 401 a payments are in fact legal.

But again, that is now in the hands of  one judge and a bunch of lawyers, and now even more lawyers(with new lawyers signing up recently to jump on the clerk's side churning up legal bills, fees, costs and $$ invoices the clerk will likely ask us to pay--not unlike orcas and sharks churning the bloody water feeding on a decaying whale carcass  out  at sea....it's an ugly display.  Meanwhile-the legal team the county is utilizing has provided their service pro-bono).  

So yes the legality question will get worked out--some lawyers will churn fees and costs others are

The Court Wants to Hear from the Clerk.......Within 20 Days

Attorneys for the Escambia Board of County Commissioners filed an amended cofmplaint with Circuit Court Judge William Stone on Monday of last week and yesterday afternoon the Judge responded.

This all stems from the Clerk's unilateral termination of a bona fide contract between the BCC and ICMA regarding a 401(a) retirement plan.

Apparently, with this order, Judge Stone  wants to now hear from the Clerk, and her side of this matter.

And it looks like he wants an answer relatively quickly as to why he should not grant the request for mandamus that the BCC's  attorneys have petitioned the court to order.

20 days and then hopefully we can get this nastiness behind us.

Read part 1 of the Judge's order here

Read part 2 of the Judge's order here

Case between Escambia County Commissioners and Clerk Pam Childers is transferred Once Again....

Recently the board of county commissioners of Escambia County filed a complaint in the circuit court for a writ of mandamus against the clerk of the court Pam Childers.  That complaint was moved to a judge in Okaloosa county on Tuesday.  That particular judge quickly recused.  Now, today, comes word that the case was reassigned to a different Circuit Court Judge in Okaloosa County.  We shall see what comes of this.  Some with whom I have spoken predict that all judges in the first circuit will recuse and this complaint will land in the 14th circuit, in Panama City.

But we will see what happens in the next several days......

 

Florida Auditor General's Office to Commence Operational Audit of Escambia's TDT Funds Beginning Today

Later this morning staffs from the County and the Clerk of the Court's office will "kick-off" the process for the conducting of an operational audit on the county's use of Tourist Development Tax dollars from October of 2020 through December of 2021.  This audit is coming via the Joint Legislative Audit Committee at the specific request of the Escambia Tourist Development Council.  

The county will facilitate the auditors with whatever information they require to do this work, to include office space, parking, network connections, information and files.  The Clerk's office, I assume, will do likewise.

For my part, as a brand new member (as of last Thursday) of the Escambia Tourist Develoment Council------ I welcome the audit and any findings which will be helpful in our local administration of these important funds for the purposes allowed and according to statutory limitatations and stipulations/conditions. 

The estimated time for completion of the field work will be 4-5 months--with an initial, preliminary report to come sometime in late spring or early summer.  See the engagement letter, below.