JACKSONVILLE, Fla. — The Duval Democratic Black Caucus is calling for the State Attorney to open an investigation into a texting controversy the group believes violated the state’s open government laws.
It was a brief exchange.
During a neighborhood committee meeting on August 4th, some committee members questioned whether to green-light a proposed amendment to one of the Council President’s bills, given he wasn’t at the meeting.
The committee approved the amendment after Neighborhoods Chair Mike Gay (R-District 2) made this comment.
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“I did receive a text from President Carrico saying he’s good with that,” said Gay.
The content of that text exchange raised eyebrows and prompted members to submit the texts into the official record of the meeting.
In them, Chair Gay and Councilmember Ron Salem (R-Group 2 At-Large) both asked President Kevin Carrico (R-District 4) whether he was okay with the amendment.
Carrico told both of them yes.
He sent a second text to Gay clarifying his response was “speaking in a procedural manner” and added, “I assumed you were asking if I was okay with moving forward and accepting amendments”.
The controversy prompted Leslie Jean-Bart, President of the Duval Democratic Black Caucus, to send a letter to State Attorney Melissa Nelson calling for an investigation into alleged Sunshine Law violations.
State Sunshine Laws prohibit elected officials serving on the same body from discussing public business with each other in private.
Jean-Bart noted in 2018, the State Attorney’s Office opened an investigation into several council members, most of whom were Democrats, based on much more flimsy allegations.
“And the investigation was closed after a year,” said Jean-Bart.
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It resulted in an 18-page report, but no charges were filed.
Jean-Bart argued that the availability of the texts and the comments made during the August 4th meeting provides more than enough to warrant an investigation.
“I think it’s pretty clear that this is something that they were comfortable doing,” said Jean-Bart.
In a statement, Councilmember Salem explained he was only trying to clarify “procedure”, as a non-sitting member of the committee had offered the amendment.
“I was conferring with the Council President to confirm whether he approved the procedure and whether the amendment could be properly offered,” said Salem. “It is my understanding that procedural discussions of this nature may be conducted outside of the Sunshine Law.”
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But when we asked President of the Florida First Amendment Foundation Bobby Block about the situation, he told Action News Jax he believes it’s a “clear violation”.
Jean-Bart agreed.
“If it matters to these individuals that Council President Carrico agreed with the amendment, then that is part of their deliberative process, decision-making process, and that should be out in the open,” said Jean-Bart.
A “knowing” violation of the Sunshine Laws can result in 2nd degree misdemeanor charges punishable by up to 60 days in jail and a $500 fine.
Accidental violations can also lead to a $500 fine.
Removal from office is also a possibility.
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