'A lot of red flags': Escambia County and Clerk of Court at odds over paramedic fines

The Escambia County Commission and Clerk of the Circuit Court and Comptroller Pam Childers appear to be heading into another impasse over approval of payments — this time for legal fines and fees for former county Emergency Medical Service employees.

Childers told the News Journal on Wednesday the payments are still "under review" by her office, but at least one of the payments for former Escambia County paramedic Matt Selover has raised several "red flags" for her.

In October, the Escambia County Commission voted 3-1 to approve reimbursing the Florida Department of Health’s administrative fines for former Escambia County paramedic Matt Selover.

Judge to decideLawsuit over Escambia County retirement contributions now in the hands of judge

County approves new parkEscambia County begins design of new park at Carpenter Creek headwaters

Selover faced a fine and fees of $6,960 for an administrative complaint filed against him by the county’s former medical director over alleged mishandling of patients during EMS calls.

Selover and the health department reached a settlement over the allegations where 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.

Escambia County had previously agreed to settle a 2020 retaliation lawsuit brought by Selover for $200,000 in 2021 and then voted to pay for his defense for the health department complaint.

Selover's attorneys sent a letter to the county in August requesting the reimbursement of the fines arguing that Selover could've defended the allegations, but it would've resulted in a lengthy process costing the county much more money in legal fees. The attorneys argued the settlement with FDOH ultimately saved taxpayer money.

Payment 'not authorized'

Codey Leigh, general counsel for the clerk’s office, emailed Escambia County Attorney Alison Rogers Saturday, exactly three months to the day from when the commission approved the Selover payment, asking the county to provide legal authority to approve the expenditures.

"Upon review, I am unable to find any authority supporting payment of county funds to satisfy fines and costs (i.e. costs for prosecution and investigation) arising from an administrative enforcement case," Leigh wrote. "By extension, the fees in pursuit thereof would similarly be unauthorized."

Rogers responded to Leigh's email on Wednesday, noting that she was disappointed no word came from the clerk's office for three months.

"The Board is the elected legislative body that determines what expenses serve a public purpose and, unless illegal, those payments shall be timely made," Rogers wrote. "Under home rule authority, it is not necessary to demonstrate specific statutory authorization to make payment; instead, upon legislative authorization, payment shall be made unless illegal."

Rogers argued that Selover's fines were part of an administrative action rather than a criminal proceeding and that Selover agreed to a settlement with the health department to avoid a lengthy and costly hearing proceeding.

Spending limit raisedEscambia County looks to raise administrator spending limit to $50,000

"It is also relevant to note, on occasion, the County must pay fines or penalties assessed against the County, whether arising out of the actions of its employees or otherwise," Rogers wrote. "Thus, assuming proper legislative action, it stands to reason that public funds may be used to pay fines assessed against a public employee when those fines arose out of his public employment."

Childers, giving her interpretation of the situation, compared it to getting a speeding ticket while traveling between one county building and another other, then asking the county to pay the speeding fine.

"I haven't fully rejected the payment, but I have not paid," Childers said. "Because I'm just not sure you would pay my speeding ticket if I was racing to a meeting, even if I pled nolo contendere (no contest)."

'Write the check'

Escambia County Commissioner Jeff Bergosh has always believed Selover was treated unjustly and brought the proposal to pay Selover’s DOH fine and fee in October. Bergosh posted about the nonpayment on his blog.

"I'm not happy about it," Bergosh told the News Journal.

Bergosh said he felt if the clerk had an issue with the payment, it was inexcusable to wait three months to bring it up.

"This isn't the way the government is supposed to function, and I certainly hope it's not spillover from other friction — I'll use that word — that might be happening," Bergosh said. "The bottom line is we voted. She needs to do a job and write the check and send it."

The county and the clerk's office are in the middle of a lawsuit over the clerk's refusal to authorize contributions for a lucrative local retirement program for county commissioners she argues is not authorized by state law.

Bergosh said that the clerk or her attorney could've raised the issue with the board or sent a notice about it much earlier.

"Don't let it go into the fourth month without sending the check," Bergosh said. "It makes everyone look terrible. It makes us all look horrible, and it really steps all over our authority. We have the authority. We made a legislative finding that it serves a public purpose. Their job is to write the check and send it — that's it. If they're going to look behind every single thing we do, things are going to come to a grinding halt, and it's going to be dysfunction junction."

The Clerk's Office also hasn't paid another former EMS employee, Katherine Kenney, who was one of the four former EMS employees charged in 2020 over allegations of falsifying training documents. The charges against Kenny were dropped last year after she satisfied the requirements of a one-year pre-trial diversion program.

The commission voted in October to pay her criminal defense fees of $30,000 in a 3-1 vote.

Rogers' email Wednesday also brought up that issue and noted the clerk had not communicated any concerns but had not processed the payment.

Childers said her office has communicated with the attorney's office over the payment.

"We believe there's not enough documentation to pay it, and we requested 44 days ago of the county attorney additional documentation," Childers said.

On the Selover payment, Childers said she didn't believe there was a legal difference if a fine was criminal or administrative, and that's the main issue she is trying to work through. Childers also said it's troubling that the county's argument is contradicting its argument before the First District Court of Appeal in the case involving the county refusing to pay former Commissioner Doug Underhill's legal fees.

"There's a lot of red flags, and the fact that they are arguing some of the same things that are against their position to the DCA in the Underhill case, it just creates a little angst," Childers said.

This article originally appeared on Pensacola News Journal: Escambia Clerk of Court Pam Childers at odds over Matt Selover fines