After a high-ranking official in the mayor’s office declined to be voluntarily questioned by special counsel, the City Council Special Investigatory Committee on JEA might request as soon as May 8 a subpoena to compel her appearance.
Stephanie Burch, deputy chief administrative officer, refused to testify after the mayor’s office referred the decision to Burch’s private attorney, said committee Chair Rory Diamond.
Burch was the city’s lead negotiator when the possible sale of the municipal electric and water utility was being proposed.
The committee did not identify Burch’s private attorney.
Diamond said Burch, along with other administration officials and members of JEA’s staff, were identified as witnesses the committee wanted to have testify under oath about the events that led up to the Invitation to Negotiate process.
It eventually was terminated by JEA’s board after questions about its purported financial advantage to JEA’s customers and the ethics of the process.
Attorney Stephen Busey of Smith Hulsey Busey, the committee’s special counsel, said he explained the possible consequences – including a subpoena – to the administration and Burch still declined to cooperate with the investigation.
“I think her role requires her to comply,” Diamond said.
City General Counsel Jason Gabriel said as a condition of employment, city employees must cooperate with local, state and federal investigations.
In addition to the committee, a federal grand jury is investigating JEA’s proposed sale.
Council President Scott Wilson said he is concerned that the committee’s investigation might conflict with the federal investigation. Busey said that’s not an issue and he’s been in contact with the lead investigator in the U.S. Attorney’s Office.
“He said, we’ll do our thing and you do your thing,” Busey said.
Gabriel said the committee’s power to compel testimony was defined in a memo published April 17.
The first step is to ask the employee to appear and testify voluntarily. If that request is declined, the committee may contact the employee’s supervisor – in Burch’s case, Chief Administrative Office Brian Hughes and/or Mayor Lenny Curry – and request that the supervisor compel the employee to appear.
If that request is declined, the committee may ask the Council Rules Committee to approve a subpoena that would require the employee’s appearance under penalty of law.
The committee unanimously approved drafting a letter to be delivered to the mayor’s office May 6 requesting that Burch appear for a private deposition conducted by Busey.
The mayor’s office will be given one day to respond to the request. If it does not respond or if the formal invitation is declined, the committee will meet May 8 to consider approving the subpoena request, Diamond said.