(PENSACOLA) --- A proposed data center and a lawsuit against Escambia County Clerk-Comptroller Pam Childers took up almost five hours at the June 17 Board of Commissioners (BCC) meeting.
While the more than four-and-a-half-hour meeting was dominated by public fear over an AI data center, a controversial lawsuit took up the rest of the time.
Representative Alex Andrande stood at the podium as an attorney regarding the Case of Greater Pensacola Junior Gold Association and Warrington Emergency Aid Center (WEAC) Incorporated vs. Pam Childers, Clerk of the Circuit Court and Comptroller.
(Photo: Representative Alex Andrande acted solely as an attorney at the June 17 meeting, informing county commissioners they must join a lawsuit against the county clerk)
According to Andrande, during the discovery in the case involving alleged unlawful payments to charities, he came upon a 1985 county ordinance that allows county funds to be used for volunteer service groups.
The four-count complaint, according to Andrande, now includes a “mini-constitutional” crisis because the county is not obeying the very law it passed decades ago.
“Because of this ordinance, Florida law says we have to bring the county in as a party now,” Andrande said. “The validity of it would potentially be challenged and questioned by this declaratory judgment action.”
Bottom line, Andrade suggested the commissioners join the plaintiff side “solely for the purpose of saving time and money," adding it will define the role between the commissioner and the comptroller's use of funds.
“It will resolve the issue of your’alls roles to the clerks,” Andrande said, reminding the commissioners and Childers that there has still been no answer from the Attorney General on the matter.
Commissioner Mike Kohler stated that BCC has "no dollars in this" and that it is only the clerk’s office. Andrade confirmed the lawsuit is only against the Clerk’s Office.
(Photo: Commissioner Mike Kohler voted to join the lawsuit against Clerk-Comptroller Pam Childers)
“I have the right to defend myself,” Childers said. “I will have to hire counsel.”
Her response prompted a back-and-forth with Commissioner Mike Kohler, who demanded that the public have a right to know what happens with discretionary funds.
Commissioner Ashlee Hofberger wanted to know the consequences of not entering the county as a plaintiff in the lawsuit.
“You would be brought in as a defendant,” Andrande said. “However, this would cause more issues, delays, and cost.”
Kohler said it is no longer about discretionary funds; it’s about public purpose.
Commissioner Steve Stroberger wanted to know “who gets the final word” on whether any payments were lawful, specifically since the board had approved the payments.
However, no clear answer could be given to Stroberger, who admitted the discussion was becoming confusing.
(Photo: Escambia County Clerk Pam Childers defends herself at the June 17 meeting)
“You have no choice; he is going to make you a defendant,” Childers said.
Childers charged that the lawsuit is an attempt to ruin her financially, prompting Commissioner Hofberger to state that she will not give tax dollars to charity.
“We are going to use that money to give it away,” Hoffberger asked. “That is just absolutely, just freaking ridiculous.”
Resident Arnetha Welcome disagrees, noting that discretionary funds are vital to the community.
(Photo: Resident Arnthea Welcome tells the BCC that the use of discretionary funds for charitable purposes must remain)
“I disagree with you, Ashlee, that you don’t want to use taxpayers' money when taxpayers are putting that money in there,” Welcome said.
Childers said that, whether they sue her or not, the case will take a long time.
“I would implore you not to be the plaintiff,” Childers said.
But her plea did not matter, as the commissioners joined the lawsuit with a 3-1 vote, with Hofberger the only commissioner to reject entering as a plaintiff.
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