Escambia County's own attorney said it wasn't legal to pay paramedic fine, emails show

A filing in a lawsuit between the Escambia County Commission and the Clerk of Court and Comptroller Pam Childers shows that County Attorney Alison Rogers believed there was no legal basis to pay a former paramedic's fine a month before the County Commission voted to do just that.

Childers filed a "request for admissions" last month in the ongoing lawsuit between the County Commission and her office over the county's decision to pay a $6,960 Department of Health fine for former Escambia County Emergency Medical Services paramedic Matthew Selover.

In October 2022, the County Commission voted 3-1 to pay Selover's DOH fine after the county's former medical director Dr. Rayme Edler, alleged Selover violated Florida law with patient care in several incidents from July 2018 to March 2019. Two of the incidents resulted in the patient dying, and Edler placed the culpability on Selover's actions.

Selover and the health department reached a settlement over the allegations in which Selover kept his paramedic's license, neither admitted nor denied the allegations of the complaint, agreed to pay the fees and fine of $6,960, and took 12 hours of continuing education courses.

Selover had previously sued the county in 2019, alleging he was the victim of harassment and retaliation by Edler. The case resulted in the county's agreement to a $200,000 settlement with Selover.

During the October 2022 vote, Rogers told the commission it needed to make a "legislative finding" that the payment served a public purpose for the payments to be legal.

As comptroller for the county, Childers refused to issue the payment, arguing it was not legal to pay for an individual's fine, comparing it to paying a traffic ticket for a county employee who is cited for speeding while driving on a work assignment.

Escambia County filed a lawsuit in March to force Childers to issue the payment, arguing Childers' role in approving payments authorized by the County Commission is purely "ministerial."

The lawsuit raises similar legal questions of the county clerk's role as comptroller as the lawsuit over Escambia County's local retirement plan for elected officials. Like in that lawsuit, the Florida Association of Court Clerks and Comptroller has filed a notice to file "friend of the court" briefs backing Childers' stance on the issue.

A request for admission is a standard filing in a civil lawsuit in which a party asks for facts to be admitted or denied to narrow the scope of what must be litigated as a fact in the lawsuit.

Childers' Nov. 9 request for admissions filing includes a request for the county to admit the facts contained in emails sent by Rogers that are related to Selover's DOH fine. The emails included a request by Selover's attorneys for the county to reimburse Selover's fine. Rogers responded to them in an email on Sept. 22, 2022, that largely mirrors Childers' legal argument in the ongoing lawsuit.

"Please be aware that there is no legal basis upon which I could possibly process this bill or the firm's previous request for payment of the FDOH fine and cost of prosecution paid by Mr. Selover," Rogers wrote.

Rogers listed several reasons why the fine could not be paid, including the settlement between the county and Selover releasing the county from any further liability to pay Selover, and the law firm's contract did not include authorization to pay fines.

"Finally, in Florida law, there is no lawful public purpose for the payment of a fine and cost of prosecution, or your firm's bill for asking that we pay you for it," Rogers wrote. "He was not totally exonerated, as proven by the fine and assessed cost of prosecution. It was anticipated any reprimand resulting in a fine or other costs would be paid by Mr. Selover out of his settlement."

Escambia County responded to the filing last week with admissions that the emails were accurate, which means the veracity of the emails will not have to be an issue that is litigated as the case moves forward. However, the county denied that the content of the emails meant the county had no legal authority to authorize the payment, only that Rogers, herself, couldn't approve the payment.

"The County is not aware of legal authority prohibiting the Board of County Commissioners from voting to direct payment of a fine assessed against an individual," the county wrote in its response. "Further admitted that Ms. Rogers advised (Selover's attorney) Ethan Tejedor there was 'no legal basis upon which I could possibly process this bill or the firm’s previous request for payment of the FDOH fine and cost of prosecution paid by Mr. Selover.'"

This article originally appeared on Pensacola News Journal: Escambia County attorney didn't think paying medic's fine was legal