TAMPA, Fla. — The Hillsborough County Commission surprised many in the Tampa area and even across the state. And they may now face a lawsuit.

On Tuesday, Hillsborough Schools Superintendent Van Ayres asked district lawyers if they can sue the county. Ayres said the county is overstepping its legal authority in deciding when referendums get to appear on the ballot.

In a 4-3 vote Tuesday, the school board voted to authorize legal action against the county commission.

“As Superintendent, it is my responsibility to put our students first," Ayres said in a statement issued by the school system after the vote.

"While a judge now considers our request, I encourage everyone in this community to become educated on the positive impact the millage will have on every student in Hillsborough County Public Schools."

Board members Nadia Combs, Henry Washington, Lynn Gray and Jessica Vaughn were the four votes in favor. Members Patti Rendon, Karen Perez and Stacy A. Hahn were the three votes against.

In a county board meeting last week, a Hillsborough County school district millage referendum was approved but delayed.

What the district wanted to be a ballot question this November was pushed to the midterms in 2026, delaying what Ayers said are critical pay raises for teachers and staff that are needed now.

“We are the seventh-largest school district in the nation,” Ayres said after that decision. “We are the largest employer in Hillsborough County. We realize we have to have more competitive wages for our employees, that’s why we are pursuing this referendum, to ensure that we’ve got competitive wages for all of our employees.

“We’re not on a level playing field right now and we have to be there, but I do feel like this is an attack on public education and I will not stand for it," he said.

The school board now says the county board has no authority to determine when its referendum appears on the ballot.

But commissioners argued the delay is warranted, asking whether voters already struggling with inflation would vote yes to two new taxes.

That’s the question ranking Commissioner Ken Hagan asked last week when the board decided to delay the school district referendum.

“The CIT (City Investment Tax) is on the ballot,” Hagan said. “To add a new tax increase on top of the CIT and all of our other increases, I’m deeply concerned will doom both referendums.”

But is that justification enough for a court to uphold the counties decision?

This is all being perceived by the school board as the second of a one two punch the county has delivered.

Early this year, the county voted to cut the districts share of the tax from 25 percent down to 5 percent on its renewal.

That’s a loss of millions to the school district, even if the new CIT is approved in November.