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County Mayor Lawsuit Rejected

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By MIKE SALINERO

msalinero@tampatrib.com

Published: December 11, 2008

Updated: 12/11/2008 10:56 pm

TAMPA - A lawsuit that could have thrown the controversial county mayor issue back into the courtroom was rejected Thursday by Hillsborough County commissioners.

The lawsuit would have challenged the legality of giving a county mayor veto power over county budgets. Hillsborough voters on Nov. 4 approved an amendment to the county charter giving veto power to a county mayor, but no such position exists.

A separate initiative creating the position was kept off the ballot by a successful court challenge. Judges ruled that petitions gathered to put the measure before voters were misleading.

County Attorney Renee Lee told commissioners they should file the lawsuit to remove the veto from the county charter. She said Florida law is clear that only the county commission can pass budgets and set millage rates to pay for budget items.

"The Florida Legislature recognizes an elected county official ... but they do not provide for any power of that elected official to veto the budget," Lee said. "They allow all the budgetary responsibility to remain in the hands of the Board of County Commissioners."

But the commissioners, meeting informally for a goal-setting session, said they did not want it to appear they were undermining the will of the people. The commission has taken a formal position opposing the county mayor.

"It's going to be perceived that we're taking a citizen initiative and as a board we're striking it down," said Commissioner Kevin Beckner. "As a board we need to stay out of this perception."

Mary Ann Stiles, a Tampa lawyer leading the drive for a county mayor, said she's confident the lawsuit would have failed. Stiles said Florida law specifically allows a county mayor with veto power.

Reporter Mike Salinero can be reached at (813) 259-8303

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