A discussion began Jan. 2 at the City Council Rules Committee about the extent and limits of the power of Jacksonville’s mayor that could ultimately require proposed changes being put on a ballot for the public to decide.
Council President Ron Salem, responding to Mayor Donna Deegan’s action to remove the Women of the Southland Confederate monument from Springfield Park on Dec. 27, called city General Counsel Michael Fackler to appear before the committee to answer questions about his office’s advice to Deegan that led to the removal without consulting the Council or seeking its approval of the action.
Several times during the discussion, Salem said his concern is about Council’s authority, not about the statue or whether it was appropriate for it to be displayed on city property.
“I feel our powers were infringed upon,” Salem said.
Salem said he plans to file legislation Jan. 3 to clarify the mayor’s power to authorize such an action in the future.
Many of his questions to Fackler were related to Deegan basing her decision to have the statue removed on a draft opinion from the Office of General Counsel that was neither dated nor signed, rather than a formal, final document.
Fackler said the draft was an internal document prepared by his office that was used to advise the mayor.
“It was a way to get our thoughts on paper and make sure we were comfortable giving the advice,” Fackler said.
The draft, a public document, was provided to the media Dec. 26, Fackler said.
Salem said he learned about the advice given to Deegan from news reports.
“The media showed me a draft document I didn’t know anything about,” he said.
“I never want to see a draft document used as long as I am on City Council.”
The advice given to Deegan was based on the fact that the reported $187,000 used to pay for the statue’s removal came from private donations, not revenue accounted for in the city budget or the Capital Improvement Plan approved by Council.
Fackler said the advice to Deegan was based on the fact that the donations did not flow into the city budget, so the money was not in Council’s jurisdiction.
“The mayor was advised that we didn’t see anything that would prevent her from accepting gifts to use for removal of the statue,” Fackler said.
Salem asked whether Deegan or a future mayor could use private donations to remove other statues from city property, such as the statue of the late U.S. Rep. Charles Bennett in James Weldon Johnson Park.
“There is a possibility it could occur again,” Fackler said.
Council member Kevin Carrico asked why Council was not advised before Dec. 27 that the statue was going to be removed.
“My impression is that if the removal was announced it could have created a furor and a security concern,” said Bill Delaney, Council liaison for Deegan.
Council member Jimmy Peluso said he agrees with the decision to not announce the removal before it began.
“The last thing we want is for Jacksonville to be on CNN for political violence,” Peluso said.
Council member Matt Carlucci said the draft opinion merely repeated what is in the city charter and the ordinance code and he supports Deegan’s decision to have the monument removed.
“This has been a thorn in the side of Council and somebody had to take leadership,” Carlucci said.
“I support the strong mayor form of government. We need a strong mayor in emergencies, like a hurricane. In my opinion, the mayor overstepped herself in this case,” Salem said.
Fackler advised that if any changes to the mayor’s power sought by Council require amending the city charter, the changes must be approved by a majority vote in a referendum. He said he will work with Salem to craft the proposed legislation.
Deegan is the second Jacksonville mayor to act to remove Confederate statues.
In June 2020, former Republican Mayor Lenny Curry committed to remove all the city’s Confederate monuments and city crews worked overnight to remove a statue of a Confederate infantryman in Hemming Park south of City Hall.
In August 2020, the Council voted to change the name of the park in honor of writer and civil rights activist James Weldon Johnson.