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Judge Sides With County Clerk, Rules Escambia Commissioners’ Retirement Plan Is Unlawful
April 4, 2024
An Okaloosa County Circuit Court judge has ruled that a local retirement plan used by three Escambia County commissioners is unlawful.
Judge William Stone released a ruling Wednesday morning upholding a decision by Escambia County Clerk and Comptroller Pam Childers to withhold payments to the plan.
“It is not lawful for elected officers (e.g., county commissioners), to participate in the Local Plan,” Stone wrote in his ruling. “The County’s contributions to the Local Plan on behalf of county commissioners constitute unlawful compensation.”
Commissioner Steven Barry and Lumon May joined the plan in early 2021 after reelection in 2020. Former commissioner Robert Bender joined the plan shortly after his reelection in 2019.
On July 1, 2021, Childers reduced contributions to the local plan to 8.34% for the three commissioners. On January 1, 2022, Childers stopped making payments for the three county commissioners into the local plan.
Escambia County sued her to force her to make the contributions, contending the Childers did not have that authority under a state law from the 1990’s. The case went to trial in February, and the judge’s ruling Wednesday was the conclusion. Escambia County still has the right to appeal.
Stone agreed with the county’s assertion that the cost to taxpayers is exactly the same regardless of a commissioner’s participation in the local plan or FRS.
“The Court acknowledges the County’s argument that the cost to the County is the same under the Local Plan as in FRS,” Stone wrote. “However, that surface-level appeal cannot be the end of the inquiry.”
According to the ruling, the Florida Retirement System (FRS) required employer retirement contribution rate is 12.39%. In the court’s example, a commissioner serving three terms (12 years) with a salary of $98,501 annually would have an FRS contribution of $146,451.24. Under the local plan the county’s contribution rate for commissioners is 56.68%, which would amount to $693,604.68, or about 4.74 times more in accrued contributions than a commissioner who enrolled in FRS.
Stone noted that his ruling does not suggest that retirement plans constitute unlawful compensation, and that Childers “properly exercised discretion in ceasing to make the payments to the Local Plan”.
“The County Commission is disappointed in the ruling and is considering its options,” Andie Gibson, Escambia County public information officer, told NorthEscambia.com following the ruling.
Comments
28 Responses to “Judge Sides With County Clerk, Rules Escambia Commissioners’ Retirement Plan Is Unlawful”
THANK YOU, PAM CHILDERS!!
Bewildered, I agree 100% — We need term limits for all positions in government at every level. We need to get back to the days where citizens serve for short periods of time, and their motive for serving was the common good rather than to establish a long-term career to feather their nest.
The only way to remedy the mess we are in locally, statewide, nationwide are term limits for ALL political offices. This will NEVER happen, none of these lifetime politicians would willingly agree to walk away from a never ending gravy bowl. Most citizens are like sheep who continue to follow folks who are no longer able to lead….
If these clowns purse ANOTHER appeal it should be on their own dime. Pam should sue for ALL attorney fees this has cost the county. I want to know what the legal fees have been all so Comm Barry and May could keep $29,000 and Blunder keep $100,000…What have they cost us in legal fees. I bet its more than the $160,000….UNREAL…All these dudes know how to do is spend money.
BUT THIS IS IT NO MORE ON OUR DIME!!
TERM LIMITS!!!!!!
I thank the commissioners should be made to foot the cost of all this and be terminated. If they treat the public like they have .the public should black ball them.
Why is May still being elected. When I lived in Ensley he was my district rep but lives nowhere near Ensley. He was one of the contributing reasons for me moving out of Escambia county.
One more thought; how much of this mess would be corrected by the simple act of imposing term limits on the commission? We did it to the legislature years ago, and it’s working out well there.
Please Note; The taxpayers footed the bill for the lawyers the commissioners hired to try and defend their efforts to loot the till. Ms. Childers should now sue them to recover the legal fees they spent.
Thank you Mrs Childers. Finally transparency, and a great result. They probably win on appeal. Vote them out. For the people , by the people Not.
Congratulations Pam! An inane issue has been addressed and
a raise could be the order! Thanks for saving for the county
Another case study of how our system of elected public servants has moved to elected self servants. These guys have no shame. Yet, our local officials are always calling for more and more money from the citizens through taxes.
Thanks Ms. Childers. Right is Might! I sure as heck hope all take this information to the voting booth! These “Good Ole Boys” need The Boot!
Why would anyone be allowed to get such massive amount?
Under the local plan the county’s contribution rate for commissioners is 56.68%, which would amount to $693,604.68, or about 4.74 times more in accrued contributions than a commissioner who enrolled in FRS.
This should be CRIMINAL!
More proof the commission is a money pit dug for them and paid by us! I WILL vote them out and so should you!!
One question.. will.all that excessivue money that was paid to County commissioners 3,4,and 5 be returned..it sure could be used to update infrastructure.
PAM CHILDERS , YOU ARE MY HERO..THANK YOU FOR HOLDING YOUR GROUND UNDER VERY DIFFICULT WORKING CONDITIONS!
Almost ALL politicians. Local, State and Federal = systemic corruption. This kind of stuff is happening all over our country. Very sad.
I really wish I could vote myself a big raise. Its really past time we get rid of these People.
They care more for themselves and their developer friends than they do the citizens.
Who ever heard of a part time job with a retirement?
They are elected officials not hired by the county. I’m glad to see the outcome in Ms Childers favor. She was right on!
VOTE EM OUT!!!!!
The pay they receive for a PART TIME job is crazy. They should not get a retirement for 4 years of work and I use the term loosely.
I can’t believe they allowed SPEED BUMPS on longleaf, need them on Michigan ave.
I was amazed that our County Commissioners could event present this proposal with a straight face. All the while talking about how it was “fair” and it was “owed to them”. As others have mentioned, they need to be voted out. Sadly, their constituents (and big money supporters) will continue to re-elect them.
Now I’m not quite sure I have a clear understanding so someone correct me if I’m wrong. A county commissioner is an elected office, elected officials public servants. A servant is someone employed to work for someone else. In this case, servant combined with public becomes plural and is a person employed to work for the public as government or public official, either elected or appointed. When a person enters politics & runs or competes with others to run for public office they are in essence in a popularity contest. Hence the term popular vote, which determines who’s elected. As a result this person is indebted to the public to which they are to serve during employment. There are no guarantees in being elected or re-elected. So why does a person in a four year position in this case have a retirement plan? This elected or appointed position is not a permanent position & this person is indebted to the public to serve. The public is not indebted to pay retirement to a possibly temporary position only held in this case for four years at a time. Retirement plans are for permanent not temporary employees. Furthermore an almost $100K a year salary for a temporary servant to the public is not acceptable.
“the county’s contribution rate for commissioners is 56.68%”
No way this is ethical. Major corporations contribute matching funds of 6%.
How did this local plan ever get started and by whom?
VOTE THEM OUT
Well, well, well, the plan isn’t legal after all. It shouldn’t have taken a court to determine this, but here it is. Thank you, Pam Childers for holding the line and righting this wrong. The Board of CC should’ve and could’ve stopped it years ago. But they couldn’t; their personal greed at taxpayers’ expense is a higher priority for themselves rather than being honest and ethical politicians. Vote wisely in August. Remember elections have consequences. And BoCC, an appeal will be at your constituency’ expense, and isn’t in the best interest of the taxpayers.
Great job Mrs Childers. Thanks for exposing my district’s county commissioner corruption. He will not get my vote.
OH JOY….What Happiness to be able to VOTE ON YOUR OWN SALARY.!!!!
AWESOME Work, Ms. Childers for holding the county Accountable to LAW.
THANK You…..
The entire prgram should be stopped. These people get a salary, why are we paying them this kind if oney they receive a salary and FRS payments when they retire.
Get those greedy commissioners out of office.