JACKSONVILLE, Fla. — The City of Jacksonville’s top attorney was publicly grilled by members of the Jacksonville City Council over a binding opinion he issued, which members claim has thrown city government into “chaos.”
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That opinion determined council violated the separation of powers by approving a $4 million annual contract boost for Meridian Waste.
It’s now being used by the mayor to justify not releasing the funds, despite having her veto overridden by the council, which has led Meridian to threaten a lawsuit.
Finance Chair Ron Salem (R-Group 2 At-Large) argued General Counsel Michael Fackler never informed council members about the potential conflict, despite admitting the topic had been up for discussion months prior to the approval of the contract.
“And we walked right into a lawsuit,” said Salem.
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Council members also questioned how the decision could impact a list of 41 other contracts approved or altered by the council, including the stadium deal.
Fackler indicated most shouldn’t be affected but couldn’t say for sure.
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“It’s not a clear-cut situation,” said Fackler.
Councilmember Nick Howland (Group 3 At-Large) suggested the uncertainty could lead to a chaotic situation.
“It’s almost like you have given each team here, executive and legislative, an unlimited number of challenge flags, and you’ve said forget about the longstanding precedent,” said Howland. “You know, throw the flags, and I’ll be ready to decide. Go!”
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Salem and other council members were especially concerned with the upcoming budget process and questioned how Fackler’s opinion would impact their powers of the purse.
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“Now there’s this threat of separation of powers. So, we’ve gone through this whole process and the mayor can still change that whole contract, and that’s not how it’s worked for 50 years,” said Salem.
Members requested Fackler return an opinion on the council’s authority to override line-item budget vetoes.
Fackler also committed to doing further research into the separation of powers issue and indicated he’d be willing to overrule his standing opinion if he found evidence that changed his mind.
Action News Jax’ Emily Turner goes over the potential precedent Fackler’s ruling could set for future budget issues:
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