by Mike Sharkey
Staff Writer
In an effort to bolster its defense of the City’s Minority Business Enterprise, General Counsel Rick Mullaney and Mayor John Delaney have selected three attorneys from outside firms to serve as co-counsels in a suit filed last month by the Utility Contractors Association of North Florida, Inc.
Mullaney submitted legislation to the City Council Monday, asking for approval of McGuire Woods attorneys Christine Milton and David Wells and Ron Austin of Austin & Austin.
“We are going to take a team approach and these attorneys bring expertise in complex litigation and added resources,” said Mullaney.
The UCA and the City had been negotiating for months in an effort to resolve the UCA’s charge that the City’s MBE program as it relates to the Better Jacksonville Plan was unfair. Delaney revealed at a Jacksonville Economic Development Commission meeting last month that the suit would be filed and the MBE program would be vigorously defended. Delaney contends that the suit represents UCA contractors trying to get even more of the $1.5 billion worth of road resurfacing and related work in the Plan.
Representatives of the UCA contend that the MBE program is illegal because it calls for an unspecified amount of work to go to minority-owned and small businesses who have unfair advantages in obtaining the work, such as the ability to knowingly overbid on projects.
In a letter to Delaney last month, UCA president Ryan Schmitt said, “We believe race-neutral alternatives are available and will be sufficient.”
The suit was filed in federal court and will be heard by United States District Court Judge Ralph Nimmons Jr.
In Wells, Milton and Austin, Mullaney believes he has assembled an all-star team of local litigants.
“David Wells is one of Jacksonville’s finest litigants. He specializes in complex litigation in which there are a lot of statistics and studies, which there will be in this case,” said Mullaney. “Between him and Chris Milton, we have two of Jacksonville’s finest. And Ron Austin has been a litigator for over 20 and will bring lots of experience and add tremendous depth to our defense team.”
Mullaney said Cindy Laquidara of the General Counsel’s Office will handle most of the workload as the case proceeds through federal court.
“The judge has issued a case management order,” said Mullaney. “There will be a pretrial conference on Thursday.”
Because the UCA filed the complaint, the next move is up to the City. Mullaney said typically one side has 20 days to formally respond to a complaint and he expects the City to comply with those guidelines. He also expects the suit to resemble much more of a marathon that a sprint. Both sides have dug in legally and both sides are adamant about their positions.
“I think it’s going to take some time,” said Mullaney, adding that every facet of the case from discovery to motions to trial could be lengthy processes.
Financially, Wells, Milton and Austin will be compensated through the General Counsel’s Office, which has a contingency fund that is supported by the attorneys’ billable hours.