by Joe Wilhelm Jr.
Staff Writer
Webster’s dictionary describes an emergency as, “a sudden, generally unexpected occurrence demanding immediate action,” but it was the City Council’s definition that was of interest to the Ethics Commission Monday evening.
After receiving complaints from citizens over proposed ordinance 2009-467, which would approve funds for the construction of a batting cage and picnic pavilion at Wingate Park in Jacksonville Beach, the Ethics Commission wanted to find out what the legislative definition of an emergency is. The ordinance requested that it be passed on an emergency basis because a contractor, Jaguar Builders of Jax, Inc., was mobilized on a nearby property and their location would save the City money on the project.
“(Passing an ordinance as an emergency) is a policy decision that, ultimately, is in the purview of elected officials,” said Margaret Sidman, chief counsel for Council legislative affairs.
“What I am hearing is that there is nothing intrinsic about the idea of an emergency,” said Patrick Plumlee, member of the Ethics Commission. “It’s self declared. If they are willing to accept that this is an emergency for whatever reason then it’s a emergency. It’s a procedural designation not a substantive designation.”
While Sidman didn’t agree that the decisions were procedural or self-declared as Plumlee described, there was an area of the emergency designation process that she did agree with.
“There’s nothing in the rule that says this thing has to be an emergency and this thing can’t be?” said Plumlee.
“Correct,” replied Sidman.
In the “Rules of the City Council of Jacksonville” an emergency (rule 4.906) is defined as “an ordinance or resolution needing prompt passage because time is of the essence and a delay in passage will thwart the purposes of the measure and the public interest; or is needed to secure funding for any appropriation; or is needed to secure any agreement which is in the public interest; or is needed to protect the property, health, safety, or welfare of the City or its citizens.”
The Commission expressed concern about the public’s opportunity to participate in the legislative process when an ordinance is requested to be passed as an emergency. Sidman explained that the ordinance had to go through committee review — this ordinance was review by the Rules, Finance and Recreation and Community Development committees — before it could be voted on by Council. Each of these committees held a public hearing for the ordinance. Also, two-thirds of the 19-member Council would have to approve in order to declare an ordinance an emergency.
“After hearing what the City staff has had to say,” said Scott Shine, member of the Commission, “I am not uncomfortable with what we have. That may surprise some people, but I think there has to be some type of escape key for City officials to do business. One of the things that we have is if you don’t like the way the wind is blowing you change the sails. It’s called elections.”
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