The legal battle between Hillsborough county leaders and the school board over a tax referendum continues.
Commissioners on Tuesday voted to move the tax referendum forward, complying with a judge's order siding with the school district. But the county will continue fighting the tax in court.
The resolution for the tax would no longer apply if the 2nd District Court of Appeals sides with the county in preventing the tax question from appearing on the November ballot.
The referendum asks voters if they support a one millage property tax increase to raise teacher and staff salaries, which school district Superintendent Van Ayres said is needed to make Hillsborough commensurate with surrounding districts.
The tax, which would need to be renewed by voters every four years, would generate about $177 million annually. Most of the funds (92%), would go directly toward increasing salaries.
Teachers and administrators would see an additional $6,000 a year. Support staff would get an additional $3,000 a year.
Commissioners have split along party lines on the issue. The seven-member board's three Democrats have supported the tax.
But the remaining four have voted against the proposal, citing concerns about asking voters to approve the school tax alongside the county-wide Community Investment Tax renewal. A portion of the CIT funds school construction, which was scaled back significantly in the new version.
Republican County Commissioner Joshua Wostal voiced his opposition during Tuesday's meeting.
"This is a hill that I'm going to die on ... I do not believe that a judge can order duly elected officials and violate their First Amendment right and dictate whether or not they should vote up or down on an item," said Wostal.
An expedited legal battle
The county surprised district leaders when they voted during their July meeting to postpone the school tax until 2026, setting off the legal fight.
The district filed a lawsuit, stating the county had no right to postpone the date of the ballot measure.
Hillsborough Circuit Judge Emily Peacock ruled in favor of the school district, ordering the county to complete the process of moving the measure forward.
The county's supervisor of elections must receive the referendum language before Aug 20th for it to show up on the November ballot.
However, county commissioners appealed the judge's decision, arguing that their authority extends to deciding when the referendum could go before voters, placing the tax referendum in limbo.
The district filed a motion to vacate the stay, or otherwise keep the measure moving while the appeal plays out, so that it could meet the Aug. 20 deadline.
Peacock sided with the district a second time to let the measure move forward.
Commissioners then filed an emergency motion to review Peacock's latest decision or expedite the appeal process. At the same time, the commission complied with the judge's order, voting to pass the referendum resolution. However, the resolution would not apply if the appeals court sides with the county.
On Tuesday afternoon, the school district asked the court to dismiss the county commission's attempt to reinstate the automatic stay, which would keep the referendum off the ballot unless the appeal is resolved in the district's favor before Aug. 20.
According to district officials, the appeals court indicated they will have an answer by Monday Aug. 19.
Read the district's response to the county's latest decision:
