Among other questions, the City Ethics Commission is grappling with how to fill vacancies caused by the departure of four of its nine members by the end of the year.
During the last year of Mayor John Peyton’s term, the Ethics Commission lobbied to return the City’s Ethics Code to the City Charter and develop a more independent Ethics Commission.
The commission achieved its goal with the support of City Council in spring 2011, but now that changes have been made on who selects members of the commission, that same commission is working on the order of when selections will be made.
“I’m a little nervous,” said Chairman Braxton Gillam at the commission’s meeting Tuesday.
Rhonda Peoples-Waters has filed to run for Duval County Court and resigned her commission seat. If she is elected or appointed to the bench, she would have to resign from the commission, according to the City’s Ethics Code.
Members Gene Filbert, Kirby Oberdorfer and Mary Swart are term-limited off the commission at the end of the year.
Before the passage of Ordinance 2011-197-E, the nine members were chosen for the commission by one each by the mayor, chief judge of the circuit court, City Council, Civil Service Board, Duval County School Board and State Attorney’s Office. Three were chosen by the Ethics Commission.
“This has gotten a little more complicated,” said Gillam, discussing the new process.
The commission voted to table the discussion of amending Ordinance 2011-197-E to develop a lineup for selecting members.
Peoples-Waters and Swart were appointed by the Ethics Commission and Oberdorfer was appointed by Chief Judge Donald Moran.
Filbert was appointed by the school board, which no longer has a vote.
The new group choosing members includes the chief judge, the Council president, mayor, sheriff, state attorney and public defender.
The Ethics Commission selects three members.
The commission was not in favor of having each of the elected officers selecting members before the commission chose a member.
Ethics Officer Carla Miller suggested the selection process be undertaken by having two of the elected officials chose members followed by an Ethics Commission selection and continuing the order until the positions are filled.
Also on the horizon is the expiration of the terms of L.E. Hutton, who was appointed by the State Attorney’s Office, and Tatiana Salvador, who was appointed by the Council president. Both have served a two-year term and will be up for reappointment at the end of this year.
The commission is under a deadline, according to Section 602.912 of the City’s Ethics Code: “All appointments should be made within 30 days of a vacancy occurring. All appointees shall be confirmed by Council but shall serve until Council confirmation or denial.”
Though the vacancies should be filled in time, Miller informed the commission that members can legally serve until they are replaced.
The commission also is sensing unrest in City government while Mayor Alvin Brown and his administration undertake a
reorganization of City government.
Commission members are concerned that the Office of the Inspector General had been eliminated. Also, Miller was appointed by Peyton and she serves at the discretion of the mayor.
“Since Mayor Brown has taken office, I have been working on a volunteer basis,” said Miller.
Ordinance 2011-197-E also created the Office of Ethics, Compliance and Oversight, which is another issue the commission will address.
The commission also welcomed Assistant General Counsel Jason Gabriel, who will provide support to the commission on legal matters, after the departure of Deborah Braga, who is representing the Jacksonville Aviation Authority.
The commission postponed moving forward with the discussion of texting legislation to allow for more research and for Gabriel to better familiarize himself with the information.
The next Ethics Commission meeting is Dec. 13.
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