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Hillsborough County Mayor Ballot Initiative Challenged

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By ELLEN GEDALIUS

The Tampa Tribune

Published: July 8, 2008

TAMPA - TAMPA - A local engineer and political activist says the referendum language on the county mayor issue is vague and inaccurate and has filed a lawsuit to have the issue taken off November's ballot.

The lawsuit, filed on behalf of James Shirk in Hillsborough Circuit Court against Elections Supervisor Buddy Johnson, argues that when residents signed the petition to place the issue on the ballot, the petition specifically called for putting the issue on the ballot in 2006, not 2008.

Those supporting the county mayor effort originally had wanted to pose the question to voters in 2006 but did not collect enough signatures by the deadline.

"Because electors signed the petition with the intention of placing it solely on the November 2006 general election ballot, the charter amendment is null and void," the suit says.

The suit also alleges the ballot title and summary don't fully tell voters the "true effect" of the proposed charter amendment. The language tells voters the county administrator would be replaced by a county mayor, but doesn't explain the diminished role of the county commission, said Jennifer Blohm, the Tallahassee attorney handling the case.

The Elected County Mayor Political Committee wants voters in November to decide whether to create a county mayor position in Hillsborough County. Committee leaders say local government would be more efficient if power were vested in a single, strong leader. The political committee was formerly called Taking Back Hillsborough.

Opponents of the measure say a county mayor position would concentrate too much power in one person.

Shirk could not be reached for comment. Those who know him or know of him say he is somewhat involved in Democratic politics and is passionate about good government.

He has contributed money to campaigns of several local Democrats, including Mayor Pam Iorio, and Councilwomen Mary Mulhern and Linda Saul-Sena, records show.

Blohm described him as "just a concerned citizen."

She said Johnson's office is the defendant in the suit because he has the authority to remove the question from the ballot.

Kathy Harris, the election office's chief of staff and attorney, said she is confident her office acted appropriately in allowing the measure to be placed on the November ballot.

"We're comfortable we followed all the state laws and the charter in terms of validating the signatures and the role we play as the supervisor of elections," Harris said. "We look forward to going to court and bringing this to resolution."

Mary Ann Stiles, the Tampa lawyer spearheading the county mayor effort, said Johnson's office followed the rules and that the ballot language is clear and proper.

"The certification of the petitions was properly done," Stiles said. "He crossed every t and dotted every i."

Stiles wants to know more about the man who filed the suit.

"It's all about not letting the people vote on this subject," Stiles said.

"Who is James Shirk? What forces are really behind this lawsuit?

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

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