Ordinance Would Require County Employees To Quit Before Running For County Commission

February 13, 2022

Escambia County is moving toward an ordinance that would require county employees to resign before running for the county commission.

The commission backed away from previous discussion of an ordinance that would require a resignation to run for any political office and settled on just candidates for the five commission seats.

“It would seem like the real potential negative effect is when it is our seats,” Commissioner Steven Barry said in a recent meeting.

“You can do whatever you want, you have free speech. You can say whatever you want, but there’s consequences,” Commissioner Jeff Bergosh said. “If you are really that passionate about it, quit and run.”

Bergosh has stated that he was not responsible for bringing a potential resign to run ordinance up for discussion. Two years ago, Johnathon Owens, who was an aide to District 2 Commissioner Doug Underhill, ran against incumbent Bergosh for the District 1 seat. Bergosh won with 38.71% of the vote. Owens finished third in the primary with 22.48% behind Jesse Casey with 31.01%

The commission voted 3-1 to schedule a public hearing on a resign to run for commission ordinance. Underhill cast the dissenting vote, while Commissioner Lumon May was off the dais and did note vote.

“The seats of power are equally open to the very rich and powerful, as well as the commoner,” Underhill said. “Anything that limits or in some way curtails who runs for public office is not in my opinion in the best interest of the citizens.

The ordinance, if approved, would apply to employees of the Escambia County Board of County Commissioners, but not the commissioners themselves as they don’t work for the BOCC.

Comments

15 Responses to “Ordinance Would Require County Employees To Quit Before Running For County Commission”

  1. Ted Hassebrock on February 14th, 2022 4:12 pm

    If the Commissioners job was a true part time, they shouldn’t have to resign. When I worked a part time job I had no benefits or retirement. However, things have changed why are the Commissioners getting an excessive retirement packages – a lot better package than the average citizen .

  2. Jimbo on February 14th, 2022 2:18 pm

    This is just a sad abuse of power to limit competition. To say that a county employee cannot do their job and run for office outside of company time is ludicrous. This is exactly what the commissioners are expected to do when they have to run and no one questions that. Sad that commissioners waste time and money on this when there are other issues in the county that should be addressed. Anyone that quits a county office to run against one of them let us know and we will vote for you just for that reason alone.

  3. John Doe on February 14th, 2022 12:57 pm

    This just screams of pettiness. A certain commissioner gets b*tthurt when one of the other commissioner’s aides runs against him, and so now employees can’t run, but if you are a current commissioner, who is on the payroll just like everyone else. that’s totally fine.

    petty

  4. Swampfox on February 14th, 2022 9:59 am

    Quite a conundrum… maybe the Commissioners pay/benefits are way too high !
    How about only travel expense and meal expense and county issued cell phone. No huge salary , pension, Insurance etc . There are prolly lots of folk who would/could do the job to “give-back “ to Federal, State, and local offices to streamline costs and lower Tax’s.

  5. Crystal on February 14th, 2022 6:45 am

    So if someone wants to run and is required to quit their job and then does not win this would make them unemployed. I see no reason that an employee can’t work and run for office. Then if he/she gets the votes and wins that is when it should be determined if they should quit. If they have an engagement during the election that they must attend (such as a debate) then let met use PTO or a day without pay. They should not loose their job before the election.

  6. CJ Lewis on February 13th, 2022 4:27 pm

    Florida’s Resign-to-Run Law (Section 99.012, Florida Statutes) regulates who must resign to run for certain elected offices. There are many nuances to the law. The Florida Division of Elections Reference Guide 0016 last updated in May 2019 generally describes the Resign-to-Run Law. The intent of the BCC here appears to be to make unlawful what the Florida Legislature says is lawful. I don’t know if a county employee can also serve as a county commissioner. It seems ill-advised. However, that’s not the issue here. At this point, the BCC wants to avoid having anyone who knows something about county government – i.e., a county employee – run for a seat on the county commission. The BCC has also asserted that it can prohibit county employees from running for other elected offices though that provision is not incorporated into this ordinance at this time though they must assume it can be amended later to do so. My understanding from speaking with County Attorney Rogers is that the BCC only really (legally) appoints two people – the County Administrator and the County Attorney. As I read Section 99.012, if either she or County Attorney Wes Moreno became candidates for a county commission office then they would have to resign. They cannot take a leave of absence. I think that the ultimate legal issue will be if a person who drives a truck for public works is considered to be a “subordinate officer” of the BCC whose members exercise no authority to “appoint, employ, promote or otherwise supervise” them. The Florida Legislature has no bills under consideration to amend Section 99.012. It seems very brave or reckless of Deputy County Attorney Hual to bring forward this ordinance without a Memorandum of Law in support.

  7. Swampfox on February 13th, 2022 3:12 pm

    What if Comissioners have other jobs which are in addition to being a Commissioner?

  8. Denny on February 13th, 2022 12:48 pm

    Henry and Perry, Commissioners would consider themselves “officials” and thus more special than commoner “employees,” even though both are paid by the County to do a job for the County. Since they’re so special, they’ll use this to exempt themselves from their own ordinance, while prohibiting those who actually knows how the County runs.

    There are already measures in place to keep employees from using County time for personal aspirations but, no, these kings want to eliminate the competition altogether. Someone feels threatened by competence.

  9. Resident on February 13th, 2022 12:35 pm

    “, it should include the 5 Commissioners. They should quit if they want to run again for their position”

    Can’t happen. When three commissioners are up for election every four years, that would leave just two commissioners. Without a quorum, they could not conduct any business for months.

  10. Bewildered on February 13th, 2022 12:12 pm

    All career politicians cling to their seats like ticks on a dog! County, State, Federal alike. Their only goal is to rake in as much money as possible for themselves. They know fully well that a “commoner” (like the call him) has to have a job to fall back on to survive if he looses an election. So they underhandedly prohibit him from running in the first place. What a disgusting bunch – makes a person wish they would choke on their millions or billions they hoard while holding political seats their whole life

  11. Howie on February 13th, 2022 11:35 am

    B.O.C.C = Board of Corrupted Commissioners

    The current commissioners need to seriously give it up. Resign now!

    Escambia County needs all the employees they can get, without being forced to quit their jobs. Stop making ordinances to affect others while it doesn’t include the Commissioners. Are you that special? NOT !

    In the case of this proposed ordinance, it should include the 5 Commissioners. They should quit if they want to run again for their position, or other County positions. I would hope they wouldn’t run for anything. Just quit and get out to allow someone else to hopefully do a better job. This County is falling apart.

    District 5 Resident

  12. EMD on February 13th, 2022 11:30 am

    This sounds totally WRONG and DECEITFUL to me. But, THAT’S POLITICS………RIGHT?

  13. Perry on February 13th, 2022 8:17 am

    This current County Commission continues to surprise me – not in a good way. Seems awfully suspect to just put the restriction on those seeking County Commission seats i.e. those that would run against them. One way to reduce the competition I guess. And I wonder if a sitting county commissioner decided to run for another elected office, would they have to resign too?

  14. Bewildered on February 13th, 2022 3:35 am

    Until the seats of power are taken back by the “commoners ” we will have corruption going on in all phases of politics. Sounded like the Queen of England addressing HER SUBJECTS. . The rich and powerful are so moral and righteous LOL with only the common good as their goal.

  15. Henry Coe on February 13th, 2022 2:22 am

    This sounds wrong. It would make it where only those who are sponsored by big money can afford to run for office. It would keep deputies from being able to run for sheriff.
    People who work for the county who know where problems are could make great candidates. Why would we force them to quit? To create fear and uncertainty in their future by forcing them to quit their job?
    It seems to me if you were elected to public office, say as a County Commissioner, then you would be force to quit your job as County Commissioner in order to run for office to become County Commissioner?