Summary: Board votes 4-0 to authorize employer contributions for prior service credits amid heated discussion
The Escambia County Commission voted 4-0 on Aug. 7 to authorize payment of employer contributions and penalties for Commissioner Steven Barry and Supervisor of Elections Robert Bender related to their Florida Retirement System (FRS) prior service credits.
- Commissioner Barry abstained from the vote due to a conflict of interest, as the measure directly affects his personal FRS retirement account. Before the discussion, Barry formally disclosed the conflict under Florida statutes.
The authorization covers employer contributions, penalties, and 6.5% statutory interest for invoices from the Florida Department of Management Services (DMS). Both officials remain responsible for their own participant contributions and penalties.
Background
The issue stems from the three-year period when Barry and Bender were not participating in the FRS pension system. Commissioner Barry clarified that approximately $30,000 was previously recovered from his 401(a) account, which “more than covers the interest” on his $29,000 invoice. He noted that a similar situation applies to Bender, whose 401(a) recovery exceeded his larger invoice amount.
- “The public is in no way out, net net,” Barry emphasized during the meeting.
Clerk Pam Childers’ attorney Cody Leigh explained his boss’s position that the 6.5% interest represents an additional cost that wouldn’t have been incurred if the officials had remained in the program during those years. The county would have only paid the principal amounts under normal circumstances.
The vote allows the county to accept liability and trigger payment to DMS for the prior service credits. Leigh indicated that, with commission approval, there would be no need for further hearings on the matter.
- Chair Mike Kohler expressed hope that the vote would allow all parties to “move forward civilly” and resolve what he characterized as a lengthy administrative matter that has resulted in additional fines from DMS due to delays.
The authorization includes language to address fluctuations in the final amounts, providing coverage for any variations from the invoiced amounts.
Feed Up
Clerk Pam Childers did not attend, but a contentious exchange between Leigh and Commissioner Barry surfaced the underlying lack of communication between Childers and the board. Frustration with the Clerk’s 16-month delay in settling the retirement issue after the court ruling became evident.
The Core Disagreement
The tension centered on the legitimacy and payment history of DMS invoices for prior service credit. Leigh stated that the Clerk’s office had “paid these amounts previously” and that “DMS refunded it because they billed us wrong.” He also mentioned that DMS demand letters referenced “refunding Commissioner Barry’s amount.”
Barry took strong exception to these characterizations, arguing that any mention of refunding was conditional – specifically, “if you don’t pay the remaining invoice.” He interpreted Leigh’s statements as implying that DMS was “invoicing you illegally,” which Barry found objectionable.
- Commissioner Barry became visibly frustrated, stating: “I mean, what you’ve implied over this period is that they’re invoicing you illegally. That’s what is implied.” He emphasized that he had “done exactly what I was told to do in the timely manner that I was told to do it and have not been bargained with in good faith.”
Barry made it clear he had no interest in having the discussion, saying he was only responding because “discussion was brought onto me.” He expressed particular frustration that this echoed previous contentious discussions from earlier meetings.
Chair Mike Kohler attempted to mediate, acknowledging Barry’s frustration while trying to keep the discussion civil.
- Barry agreed with Kohler and said he desired to “move forward civilly.”
Two side notes: We learned during the public forum that Childers relented and paid for two area high school students to attend Boys State. Last month, Leigh tried to argue that the payment should be disallowed because it was not for a county public good.
Childers campaigned for a candidate running against Commissioner Barry during the 2024 election cycle. Her husband tried to run against Supervisor of Elections Robert Bender but failed to complete the paperwork correctly and was disqualified.
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