Accountability
Escambia County Clerk Pam Childers must produce her text messages with County Commissioner Ashlee Hofberger and the Pensacola News Journal to the attorney for the nonprofits suing her for payment on community grants awarded by the Board of County Commissioners.
- At Tuesday’s hearing, Judge William Stone issued an oral ruling finding that the records requested by Alex Andrade, the attorney for First Tee Gulf Coast (Greater Pensacola Junior Golf Association Inc.) and the Warrington Emergency Aid Center (WEAC), are discoverable with no applicable exception.
Judge Stone also ruled that Childers must pay the nonprofits’ attorney fees regarding the text hearing, instructing both sides to try to agree on the specific fee amount and the wording of the written order.
What happens next
- November 30: Deadline for Childers to produce the records, argue over portions of them, or submit a privilege log. No privilege has been asserted yet.
- Later this month: Summary judgment hearing.
The $7,000 Fight
Childers blocked $7,000 in total reimbursements: $4,500 for First Tee Gulf Coast and $2,500 for WEAC.
The lawsuit: In April, Andrade sued, arguing that Childers’ role is strictly ministerial and that she lacks the legal authority to veto board-approved spending.
The clerk’s defense: Childers, represented by Ed Fleming, moved to dismiss, arguing that as county auditor she has an independent constitutional duty to block expenditures that violate Florida law or fail to serve a valid, legal public purpose.
The settlement offer: Childers offered each nonprofit $50 to settle. Both rejected the offer.
The commission’s move: The Escambia County Board of County Commissioners voted to join the lawsuit as co-plaintiffs against Childers rather than as defendants.
Personal Liability
Childers has complained in public meetings that the lawsuit holds her personally liable. Andrade turned that argument around in his court filing.
If Childers truly believes discretionary grants violate the Florida Constitution, Andrade argued, the same state statute she cites to block the $7,000 makes her personally liable for the millions she already approved in prior years.
The Politics
The clerk has called out Commissioner Mike Kohler for pushing the charities to sue her. She backed Kohler’s opponent, Glenn Dorsey, in the August Republican primary.
Kohler won easily:
- Mike Kohler: 3,084 votes (62%)
- Glenn Dorsey: 1,878 votes (38%)
What’s in the Texts
Releasing the text messages will give the public a fuller picture of Childers’ influence over Commissioner Hofberger and the PNJ’s coverage of Childers, Hofberger and the Board of County Commissioners.
I stand with Pam.