Local Government & Politics
Escambia County Commissioners Join Lawsuit against County Clerk of Court Pam Childers
In a major escalation of a long-running localized power struggle, the Escambia County Commission voted 3-1 during a tense session to officially join a lawsuit as co-plaintiffs against County Clerk of Court Pam Childers.
The decision is not aimed at recovering money, but rather seeks a definitive court ruling to answer a critical constitutional question: who has the final authority to dictate “public purpose” regarding taxpayer dollars—the elected county commission or the independent clerk?
Pensacola, Fl. NewsWK —COMMISSIONERS JOIN LAWSUIT AGAINST CLERK CHILDERS OVER DISCRETIONARY FUNDS
Seeking a Court Answer on Who Decides ‘Public Purpose’
ESCAMBIA COUNTY, FL — In a major escalation of a long-running localized power struggle, the Escambia County Commission voted 3-1 during a tense session to officially join a lawsuit as co-plaintiffs against County Clerk of Court Pam Childers.
The decision is not aimed at recovering money, but rather seeks a definitive court ruling to answer a critical constitutional question: who has the final authority to dictate “public purpose” regarding taxpayer dollars—the elected county commission or the independent clerk?
The Root of the Dispute: $7,000 in Withheld Checks
The legal battle stems from a lawsuit originally filed on April 24 by State Representative and attorney Alex Andrade on behalf of two Warrington-area non-profits:
- First Tee Gulf Coast (Greater Pensacola Junior Golf Association): Denied $4,500 in approved youth golf funding.
- Warrington Emergency Aid Center (WEAC): Denied a $2,500 reimbursement for documented food pantry expenses.
The full county commission had unanimously approved the $7,000 in discretionary funding. However, Childers—acting as the county’s independent comptroller and checkbook-holder—refused to cut the checks. She argues that commissioners have treated these discretionary accounts as individual “slush funds” and asserts that funneling property tax revenue to private charities does not serve a legitimate, legally defined county purpose.
Non-profit directors expressed heavy frustration, noting that they had followed the exact same request protocols approved by the clerk in prior years without any sudden changes to state or local laws.
Process Over Policy: ‘Who Gets to Decide?’
During the commission meeting, standard policy debate took a backseat to procedural clarity. While Commissioner Ashlee Hofberger cast the lone dissenting vote, calling the lawsuit “freaking ridiculous” and arguing that the funds would be better spent on property tax reform, sidewalks, or public safety cameras, the majority felt a judicial answer was long overdue.
“We have to decide: do we believe we control public purpose, or do we have one constitutional officer that distorts public purpose? And I believe that this board decides public purpose,” said Commissioner Mike Kohler.
Commissioner Steve Stroberger, who reluctantly approved joining the suit, voiced deep discomfort with the situation. “The most uneasy thing about this is being on the other side of that deed, suing her… We’re suing ourselves,” he stated, but added that future boards and clerks need absolute clarification.
Discovering a 1985 Ordinance and Defusing Personal Liability
Attorney Alex Andrade argued that the commission joining as a plaintiff would streamline the legal process, bypassing “ticky-tacky” procedural delays. Andrade revealed that during discovery, legal teams unearthed a 1985 Escambia County ordinance that explicitly authorizes the county to expend public funds to promote regional goodwill through community service groups—a discovery making the non-profit checks lawful on their face.
The legal stakes are remarkably high for Childers. Under Florida Statute § 129.09, a clerk who signs off on an illegal payment can face strict personal liability. Childers pointedly accused Kohler and Andrade of attempting to ruin her “personally and financially,” noting that she could theoretically be held personally liable for over $1.5 million in similar community support payments she has authorized since 2016 if the court validates her own interpretation of the law.
To neutralize this, the Commission explicitly conditioned its participation on a guarantee that the county will not pursue financial clawbacks or hold Childers personally liable, regardless of the court’s ultimate decision.
The case will now proceed in front of a judge to establish a clear legal boundary between the commission’s legislative appropriation powers and the clerk’s oversight duties.
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