by Mike Sharkey
Staff Writer
City officials expect to be served with a lawsuit Wednesday concerning the Better Jacksonville Plan and how its small and minority business contracts are being awarded.
Exactly who gets served, who’s named and the language of the suit are still a mystery. Also unknown are both the short and long term ramifications of the suit, which was made public by Mayor John Delaney at Thursday morning’s meeting of the Jacksonville Economic Development Commission.
In an address that saw Delaney about as animated as he gets, the orchestrater of the Plan said there was a “potential long term threat to the Better Jacksonville Plan.”
That threat is a lawsuit that is expected to be filed on behalf on the Citizens for a Better Jacksonville, a group that is sanctioned by the Utility Contractors Association of North Florida, Inc. In a letter to Delaney dated Dec. 19, 2001, UCANF representative Ryan Schmitt said UCANF “consists of construction professionals who seek equal and fair competition in the City of Jacksonville’s procurement process.”
Under the goals of the Better Jacksonville Plan, a predetermined percentage of Plan-related business must go to small and minority businesses. UCANF is seeking to have that provision of the ordinance declared illegal.
Delaney’s chief of staff Audrey Moran, said the City will do everything in its power and then some to assure nothing slows the progress of the four major vertical projects in the Plan or the $1.5 billion worth of road resurfacing a infrastructure work.
“We have been told that on Wednesday of next week we could be served with a lawsuit,” said Moran, adding she had no idea what the terms of the suit may be or what type of action may be requested. No matter what, she says, the City is prepared legally. “We believe we will prevail on any legal action as it applies to stop or thwart our small or minority business plan. The mayor is on record as saying we will vigorously defend this Plan.”
Moran also added that the suit was not a complete surprise.
“There has been some saber-rattling by some members of his group,” she said. “We are saddened by this action but we are going to do everything humanly possible to make sure the Better Jacksonville Plan stays on course and continues to accomplish everything that was promised.”
At this point, Moran said, it’s impossible to speculate on what the City’s response will be. Not knowing what the suit will say, makes formulating a defense difficult.
General Counsel Rick Mullaney, said his office will seek assistance in battling the suit.
“Our office will serve as co-counsel in the litigation,” said Mullaney. “We will also get additional expertise from outside counsel.”
As of Thursday afternoon, Mullaney did not know who his office would partner with, but the decision will be made soon.
The Equal Business Opportunity Program was enacted in 1993 and functioned unchallenged until just recently. That fact is what seems to have Delaney riled as much as anything. He said now that there’s “$3 billion worth of work” UCANF contractors want all the business. And that doesn’t sit well with Delaney, especially considering how long the EBOP has been in effect without
opposition.
“We cannot go back to the idea where the rich get all the business,” said Delaney, adding that if improprieties can be proven regarding any small or minority business contracts, they will be investigated and dealt with. However, he’s content with the EBOP and how it’s functioning. “The Plan is not perfect, but I haven’t found a plan that is.”