by Joe Wilhelm Jr.
Staff Writer
The debate over how to select Constitutional Officers and School Board members narrowed Thursday as a majority of the City’s Charter Revision Commission voted to recommend that the sheriff remain an elected official.
The Charter Revision Commission is created every 10 years to review the City’s Charter in an effort to see if changes are needed to the document to improve the way Jacksonville is governed. One of the top issues identified by the the volunteer 15-member commission was whether or not Duval County’s five Constitutional Officers and the School Board should remain elected positions or be changed to positions appointed by the mayor. The issue was recently narrowed to focus on the sheriff and the School Board, and the Commission further narrowed that focus by voting on a recommendation to leave the sheriff as an elected position. Commission member Geoff Youngblood made the motion.
“I think it is important for citizens to have access to the process,” said Youngblood. “I don’t think we’ve had anyone come up to us and say, ‘Take me out of the process.’”
Commission member, an officer with the Jacksonville Sheriff’s Office, Gary Oliveras wasn’t satisfied that any information had been supplied to show that the current structure isn’t working.
“I have not seen anything to support that there is a deficiency in the system,” said Oliveras. “Somebody show me where the need is. I just don’t see it.”
Commission member Ali Korman expressed her frustration with how the question of whether or not to elect or appoint public officials was being handled.
“I think one of the things we are missing out on is this is about our future,” said Korman. “We have no idea who is going to be sheriff down the road. We have no idea who is going to be mayor. We have no idea who is going to be on the School Board. This isn’t about our current administration. This is about having issues and discussions for the betterment of our City, which is what everyone wants sitting around this room.”
The Commission voted 11-3 in support of recommending that the sheriff’s position remain an elected position per the City’s Charter.
“Clearly, after the speakers and the presentations, the commission is in agreement with the people,” said Sheriff John Rutherford. “The Charter structure of having an elected sheriff is the best structure. It keeps the people involved with the process and it makes me accountable to them.”
Further discussion addressed the ability of the sheriff to lobby City Council if the sheriff and the mayor disagree on the budget for the sheriff’s office.
“Sheriff, you are an elected official. I’m not suggesting that you going to Council is improper, because you are an elected official. I think that it is in your purview to go and do that,” said Wyman Duggan, chair of the Commission. “As a political science issue, as a strong-mayor form of government issue, no department head should have the ability to do that. You are on the mayor’s team, the mayor sets the budget and the mayor is accountable. You have the ability to go around the mayor. I think that is a structural problem.”
This discussion surprised some of the Commission members and Rutherford, who believe that a system is in place to provide checks and balances for the sheriff at budget time.
“Quite frankly, I don’t think people know how the system works,” said Rutherford. “If the mayor and I disagree on my budget, then I can go to the City Council and make my case. I don’t have unilateral authority to set my budget. I can’t make a change in my budget without City Council approval. If I can’t make my case to the City Council, then I shouldn’t get it.”
Something that the Commission didn’t address Thursday was an answer to whether or not the City could legally change the School Board from elected to appointed positions. Former General Counsel for the City of Jacksonville, Jim Rinaman Jr., has presented the Commission with information explaining that the City has the authority to make the change with the School Board. Current School Board member and attorney W.C. Gentry, who has handled the trial and appeal of constitutional issues, submitted information to the Commission detailing how the City doesn’t have the authority to change the selection process. The Commission has asked the City’s Office of General Counsel for an opinion on the matter and Steve Rohan, managing deputy general counsel, informed the Commission that an opinion would be available at its next meeting on Thursday.
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