Two JEA executives and a city attorney are set to be subpoenaed by Jacksonville City Council after its Finance Committee approved the motion at its May 19 meeting.
The committee approved subpoenas to bring Chief Administrative Officer Jody Brooks before a special Council committee investigating JEA on June 8 and CEO Vickie Cavey on June 22. City Attorney Regina Ross, formerly JEA’s chief legal officer, would appear on June 8, with an additional appearance on June 22 if the committee deems it necessary.
The action by the committee was final and is not subject to a full Council vote.
The motions passed unanimously, with eight voting members in attendance. Three of the members of the committee – Rory Diamond, Ju’Coby Pittman and Ron Salem – are also on the special investigatory committee. Council President Kevin Carrico, who created the committee and has come under scrutiny surrounding multiple JEA controversies, exercised his right as president to vote to approve the subpoenas.
“This is not a contentious process. This is literally just trying to get some answers to questions that I think people in Jacksonville wanted to know,” Diamond said.
Carrico formed the special investigatory committee March 11, claiming he had heard reports from JEA staff about racism and toxic behavior by Cavey. Cavey denies the accusations, which came after Carrico drew scrutiny for nominating Paul Martinez, his boss at Boys & Girls Clubs of Northeast Florida, to replace JEA board member Arthur Adams in what Carrico described in a text message as a “big favor” to a friend.
Some Council members have called for the committee to be shut down, including Michael Boylan, Matt Carlucci and Jimmy Peluso. Boylan said during the May 19 workshop that he had heard from JEA managers that they hadn’t seen the incidents the special committee was investigating at JEA.
“We shouldn’t be operating on the basis of smoke, pure and simple,” Boyland said to the Daily Record, after Council Secretary Jason Teal told the Finance Committee that the investigatory committee was trying to see if there was “any fire” that sparked the “smoke” that led to the JEA investigation.
A possible deadline
The Finance Committee’s vote came after Brooks and Cavey notified the committee that they would not be able to appear until June 8 and June 22, respectively. The committee attempted to interview both Cavey and Brooks as early as April 27 and had made arrangements for Brooks to appear May 11.
The notifications from Cavey and Brooks called into question whether the special committee could complete its investigation before a potential June 30 deadline. Teal told Finance Committee members the purpose of the subpoenas was to ensure that Cavey and Brooks would appear on the dates the pair said they would.
“The purpose of the subpoenas is basically, ‘Hey, you said you were available on these dates, we’re going to hold your feet to the fire,’” Teal said.
In emails to Council, Cavey said her work and travel schedule, vacation plans and the need to prepare for hurricane season precluded her from appearing before June 22. She said she would adjust her June schedule in order to appear June 22-24 or June 26.
Also in emails, Brooks said work demands left her unable to prepare adequately for the June 8 appearance. She said those demands were partly tied to the state attorney and attorney general’s office becoming involved in the investigations.
Unless extended by an incoming Council president, special committees are disbanded after the Council president who established them leaves the leadership role.
Carrico is president until June 30. Nick Howland, the presumptive next Council president, will take the leadership role July 1, assuming he’s elected to the position by his colleagues.
On May 11, Howland said he would maintain the committee to investigate financial issues related to JEA if necessary but was noncommittal about allowing it to continue probing into JEA’s workplace culture.
Howland said he has “a few weeks to decide. I’ll be following the various investigations closely.”
He said his focus as president would be to ensure “Jacksonville taxpayers and ratepayers receive the greatest possible value for every dollar they spend.”
Other issues
During the May 19 workshop, special committee Chair Ron Salem said he expected that testimonies would halt after June 22, with the investigatory committee potentially working more on capacity fee issues past that date. Those fees and associated charges are one-time fees assessed for connecting to the utility’s water, wastewater and reclamation system.
The committee also is investigating whether JEA adequately collect the fees from customers.
JEA, a not-for-profit organization, says it imposes the fees to cover the costs of infrastructure expansion, replacement and refurbishment.
Another issue involves a lobbying contract with Ballard Partners, whose staff includes former Mayor Lenny Curry and his chief of staff, Jordan Elsbury. Mayor Donna Deegan suggested Curry and Elsbury launched a “smear campaign” against Cavey over JEA opting not to renew the contract. Curry and Elsbury deny involvement.
The Florida Attorney General’s Office and State Attorney’s Office for the 4th Judicial Circuit have sought records related to elements of the investigation. JEA also is conducting an internal survey.