JACKSONVILLE, Fla. – The Jacksonville City Council and the Office of General Counsel held an intense special meeting at City Hall on Wednesday, which stemmed from the city’s contract with trash hauler Meridian Waste that could lead to a potential lawsuit against Jacksonville.
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There was a heated exchange between some council members and General Counsel Michael Fackler, who was questioned about not giving councilmembers proper notification before Mayor Deegan vetoed the Meridian waste bill.
“Look I’m the only lawyer up here, and you’re my lawyer. I know how many times you’ve called me since I’ve gotten back from deployment, it’s one,” said Councilman Rory Diamond. “One time in a year and three months. There’s a former general counsel who called me for three years straight because the goal is to create trust in a communication system, so we didn’t have days like this...Why have you never called me through this entire mess?”
Fackler responded, saying, “I don’t reach out affirmatively on every issue to see if you specifically want to talk. When I issued my opinion, I asked, ‘Do you want to speak? I will make time to speak.’ I did that and then when Meridian’s counsel sent their follow up I said, ‘Hey if you have any questions I’m available.‘”
Diamond later asked Fackler if he’d ever threatened anyone after they openly disagreed with him, which Fackler vehemently denied.
The dispute began after the city council voted to approve a 29% rate increase for Meridian Waste. Breaking that down into dollars, that would equate to $4 million a year over three years.
Then, Mayor Donna Deegan vetoed that rate increase in favor of a much smaller 5% increase. The council then overrode her veto with a 14-4 vote.
After the veto override, Deegan asked the city’s general counsel, Michael Fackler, for his legal opinion, and Fackler responded in a document, saying the council’s move to approve the contract violated the separation of powers.
Ahead of his meeting Wednesday, Salem said he’s gotten calls from dozens of attorneys in Jacksonville concerned about the general counsel’s ruling and the potential precedent it sets.
“Interestingly, we have identified 41 other instances in the ordinance code where the council approves a contract, very similar to the Meridian situation,” Salem said. “And my concern is any of those, if we vote on them in the future, could be declared separation of powers again. So, we have got to get this situation resolved.
A decision has to be made in the next couple of weeks, and if it’s not resolved, Meridian Waste could sue the city of Jacksonville.
Salem told News4JAX that he fears that the potential lawsuit could cost taxpayers hundreds of thousands, if not millions, of dollars.
Salem has also drafted a resolution formally expressing a “lack of confidence” in Fackler’s ability to serve as an “independent, unbiased General Counsel.”
In response to that resolution, the mayor has defended Fackler, saying he’s done exactly what he is supposed to do, which is to make difficult and sometimes unpopular rulings based on the City Charter.
