by Max Marbut
Staff Writer
It’s not over until it’s over.
That’s the case in the matter of Brown vs. City Council, the lawsuit filed over who should be allowed to be on the ballot for the At-large seat vacated by Jay Jabour.
Circuit Court Judge Bernard Nachman heard arguments for almost an hour in his chambers Wednesday afternoon. He then instructed the attorneys representing Neptune Beach Mayor Dick Brown, who contends the election should be open to any candidate who can qualify and those representing Democrat Robert Harms and Republican Theresa Graham, who were defeated by Jabour in the election that Nachman later annulled, to submit proposed summary judgments to him no later than noon Monday.
Attorney Paul Harden, who represents Brown in the action, argued that whether Jabour resigned or was removed from office by law, the City’s charter requires an open election to fill the vacated seat. Attorneys Neil Henrichsen, who represents Harms, and Mark Herron, who represents Graham, argued that Jabour was never actually a Council member since the election was nullified, therefore state election law and legal precedent should be followed.
Nachman said he will also rule on whether Graham and Harms should be allowed a credit for their already-submitted filing fees if his eventual ruling calls for an open election since that would also mandate a qualifying period.
Supervisor of Elections Jerry Holland attended the hearing and said after it adjourned that it’s impossible to know at this time how much, if any, the election to replace the Group 2 At-Large Council member will cost. Ideally, the vacant seat would appear on the ballot for the Aug. 26 primary election, but if either side appeals the ruling, it could push the issue past the June 16 qualifying date for that ballot.
“In a case like this, if the election could coincide with the primary or the general election, it wouldn’t cost the taxpayers anything,” said Holland, who estimated the cost of a special election to replace Jabour on the Council at $1 million.
At a special meeting held before Tuesday’s Council meeting, Ronnie Fussell was voted president for the 2008-09 Council year and Richard Clark was chosen vice president. Neither had any opposition and both were elected unanimously.
Council member Art Graham commented while nominating Fussell, “In these tight budget times we need a true conservative and I know Ronnie Fussell is to the right of Atilla the Hun.”
In a departure from tradition, Fussell said he’s not going to move into the corner office in the Council suite usually occupied by the president in favor of remaining in his current office space.
“It will save time and money (if he doesn’t move) and besides, my wife decorated my office and she did a wonderful job,” said Fussell.
Clark will take over the corner office while Davis will move to the vice president-elect’s current space.