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Sun. Oct 6th, 2024
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Escambia Children’s Trust seeks Florida AG’s opinion on conditions

By Matthew. Jr

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Escambia Children’s Trust is seeking new board members to fill open positions beginning January 1st.

The Trust is still awaiting approval from the Governor’s Office for two boards whose terms have expired on December 31, 2022. Three other board members’ terms will also expire on December 31. Council members serve two-year terms.

During the Aug. 13 meeting, the board approved a motion to request an opinion from Attorney General Ashley Moody’s office clarifying term expiration dates for board members. David Peaden made the motion, which was seconded by Dr. Rex Northrup.

“We talked about the appointments to the board — as far as we all have limits — time limits, the governor’s office says you serve up to that point. We’re over it because we’re not getting new appointments,” Peaden said, when asked for the issue to be added to the agenda.

“I’d like to see if we can get our attorney to formally write a letter and get an attorney general’s opinion on when someone’s term expires.”

The terms of Northrup and Lonnie Wesley expired at the end of 2022. The terms of board chair Tori Woods expire in December, as do those of board members Stephanie White and Peaden.

The other ECT AG opinion: Florida AG: Escambia Children’s Trust can’t give Pensacola $3.5 million for resource center

Wesley resigned from the board at the end of his term. Northrup remained in his position, but was not formally renewed – even though he applied for reappointment. Woods and White also want to stay on the board.

“The governor’s office told us you can stay until we appoint you again. … Does the governor’s office have that authority or does the attorney general’s office think that’s okay?” Peaden said: “I think, given that we are almost two years without appointments from January 1, 2023, and in December, we will have more appointments – a second round, possibly. with a quorum if we cannot make appointments.”

Lindsay Cannon, executive director of the Escambia Children’s Trust, said Escambia County is advertising for board members’ terms that expire in December. The deadline to apply is September 4.

“If the governor has not appointed someone to fill a council member’s seat when that seat expires, the council member can remain in office until a re-appointment is made. If the council member cannot stay, they must resign,” Cannon told Pensacola News Journal.

Other Escambia Children’s Trust board members – Vice President and Escambia School Board Member David Williams, Florida Department of Children and Families Representative Tina Cain, Escambia Schools Superintendent Keith Leonard, Escambia County Commissioner Lumon May and Circuit Judge Thomas H. Williams – serve mandates.

May asked Peaden and the council’s lawyer, Meredith Bush, what the bylaws say about when council members’ terms expire.

“The statute outlines the term, I don’t think it talks specifically about what happens if the term expires and there is no new appointment,” Bush said. “It doesn’t address whether or not that board member continues in his place. The statute doesn’t talk about that. Which is what I understand is the question.”

May said that because it was not defined, she suspected it would be up to the governor.

“That’s what we would seek clarification from the attorney general, but yes, the governor’s office has advised that the member continues in their place basically indefinitely,” Bush said.

Northrup said that is his current situation.

“I still have no clarification – one way or the other. I would appreciate said clarification. I understand we have colleagues at other councils in the state who have been in this situation for over four years,” he said.

“So they are on their second cycle of people continuing to serve without any clarification or official notification that yes, you are reappointed, or, no, you are not, or whatever. I think that would be a very valid thing. question to get some feedback.”

Northrup added that he believed other children’s trusts or the Florida Alliance of Children’s Boards and Trusts would ask for clarification.

“Have we talked to those partner organizations? What’s the conversation with them, Lindsay?” May asked Cannon, who said she spoke with Michelle Watson, executive director of the Florida Alliance of Children’s Boards and Trusts.

“Michelle Watson from FACCT is in the capital. She kept in constant contact with them. There have been a few appointments that have been made in Miami and Tallahassee over the past couple of months. Broward had waited a long time. We understand they sent the whole panel back and said get new applicants. That creates quorum issues for them,” Cannon said.

“So it’s not just a problem for us, but we’re fine. In December, we look at some who want to stay and some who want to quit. I think if we lose one, we are fine, but when we lose two, we have problems with the quorum”.

During further discussion, Northrup said he would favor Escambia Children’s Trust seeking clarification and notifying the Florida Alliance of Children’s Boards and Trusts because it is a statewide issue. Woods agreed.

May asked Cannon if she knew how other trusts dealt with board members remaining at the end of their terms.

“I understand you can send a letter of resignation, and that’s official. It just leaves a vacancy, but it also creates those quorum issues,” Cannon said, adding other reasons — not just term expiration — created vacancies on boards.

“My colleagues in the state, many said, ‘I’m so thankful that so-and-so stayed, because if we didn’t have them, we wouldn’t be able to make a quorum and we’d have a hold. on a lot of funding decisions.”

How to Apply for Escambia Children’s Trust

To be considered for the trust, applicants must submit the completed Escambia Children’s Trust application and Government Appointments Questionnaire with an optional CV by 5pm on 4 September.

Resumes and both applications should be emailed to [email protected] or mailed to: Jose Gochez, Program ManagerEscambia County Board of County Commissioners221 Palafox Place, Suite 420Pensacola, FL 32502

The Board of County Commissioners will nominate three candidates for each vacancy, who will be submitted to the governor for review and potential appointment. Following selection by the board, the county administrator will notify the Governor’s Office of Appointments of the selected candidates and additional steps may be required by the candidates.

To be considered for the Escambia Children’s Trust, the Florida Statutes criteria include the requirement that nominees have been residents of Escambia County for the past 24 months and be willing to submit an annual declaration of financial interest form. Florida statutes also require that gubernatorial appointments be representative of the demographic diversity of the county’s population.

Visit EscambiaChildrensTrust.org for more information about Escambia Children’s Trust.

By Matthew. Jr

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