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Hillsborough Mayor Group Appeals Judge's Decision

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By ELLEN GEDALIUS

The Tampa Tribune

Published: August 5, 2008

TAMPA - The pro-county mayor group is appealing a judge's decision to take the referendum off November's ballot.

The notice of appeal was filed Monday. The group is asking the 2nd District Court of Appeal to address the issue quickly. Ballots for November's election will be printed in early September.

"Everything is very urgent, and you want a final decision before any ballots are printed," said Jennifer Blohm, the attorney for James Shirk, who filed the initial suit.

Mary Ann Stiles, leader of the Elected County Mayor Political Committee, has been pushing for three years to change the form of Hillsborough County's government. She wants to replace the appointed administrator with an elected mayor.

Stiles originally had planned to put the issue on the 2006 ballot but did not collect enough signatures. She later gathered enough to make the 2008 ballot but never changed the wording in the petition to call for electing the mayor in 2010 rather than 2008.

On Friday, a circuit court judge struck the county mayor referendum from November's ballot because of the incorrect date. Judge James Arnold ruled the language in the charter amendment summary stating the county mayor would be elected beginning in 2008 "is a self-imposed limiting condition that cannot occur in 2008."

Shirk, a Democratic activist and civil engineer, had signed the petition in favor of the county mayor but has since changed his mind.

Shirk, in his suit, also argued that the charter amendment summary was misleading, but Arnold ruled otherwise. Blohm said she would appeal that decision today or Wednesday.

Stiles said last week that even if she loses on appeal, she would work to get the referendum on the ballot in another election.

Reporter Ellen Gedalius can be reached at (813) 259-7679 or egedalius@tampatrib.com.

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