A.G. Gancarski
Jacksonville’s political class is reeling from Thursday’s federal indictment of City Councilors Katrina Brown and Reggie Brown, which saw the two Democrats slammed with a 38-count conspiracy to defraud.
Councilwoman Brown was named in 37 counts; Councilman Brown in 32.
Per prosecutors, the two misappropriated federal and city money provided to fund an ultimately failed BBQ sauce plant for Katrina Brown and her family, with money being routed through shell accounts for everything from non-existent invoices to personal expenses.
Jacksonville’s General Counsel Jason Gabriel, on Friday, offered clarity as to next steps in a memo. Essentially, the future of the Councilors will be Gov. Rick Scott‘s call. (As of Thursday afternoon, Scott was reviewing the matter, per a spokesman).
“Indicted Council Members remain on Council with all rights and powers,” Gabriel asserted Friday, “including the right to participate in Council meetings, until they are either suspended or removed from office.”
“Only the Governor of Florida has the power to suspend an indicted City Council Member. The Governor is also the only authority who may fill the office by appointment for the period of the suspension,” Gabriel said.
This would be history repeating for Jacksonville, which saw a felony-charged Councilor removed by a similar process in 2010.
“Thereafter, the Florida Senate may remove the suspended Council Member(s) from office. Such removal would create a permanent vacancy in the office, subject to being filled pursuant to the Charter,” Gabriel said.
Notable: there likely wouldn’t be much resistance even among Senate Democrats to remove Brown and Brown, given that Councilman Brown is attempting to primary Senate Minority Leader-Designate Audrey Gibson.
Gabriel adds that “the Charter maps out when special elections are considered, the timing of such special
elections in relation to forthcoming election dates, and related election matters. On the other hand, either the Governor or the Senate could elect to reinstate the suspended officer at any time prior to removal.”
Marsha Oliver, spokesperson for Mayor Lenny Curry, told us Friday that any talk of removal of the Browns is “speculation” and the administration “doesn’t speculate.”
Oliver was not aware of discussions between Curry and Scott regarding potential replacements, and when asked if political corruption was endemic in Jacksonville, she said she rejected that premise.
Some, including Council President Anna Brosche, have suggested that the Browns should address their legal issues.
Brosche amplified that position on Friday morning, telling us that she’s “mostly concerned about the citizens” in the districts and “serving the community the way we need to.”
Brown and Brown, per Brosche, “have a lot going on” and “the Council as a whole needs to focus on the business of the city.”
Brosche “wouldn’t be surprised” if Gov. Scott pulled the Browns off of Council, she said.
Public Defender Charles Cofer, who won in 2016 after defeating a scandal-plagued incumbent in the Republican Primary (one that the Governor would not remove from his position despite multiple scandals), had his take too.
Cofer noted that “the process going forward is to let the system work.”
Cofer noted the details in the indictments “lays things out and those who read the indictments should be concerned.”
As well, Cofer notes that even if a removal happens, the councilors have “certain due process rights with regards to retaining offices, but it’s a little different when you have a pending indictment.”
Potential penalties are steep.
Cumulative potential penalties for Katrina Brown: 720 years and a $12 million fine. For Reggie Brown: 601 years and a $8.275 million fine.
Katrina Brown faces a crowded field in a re-election battle next year.
Termed-out Reggie Brown, meanwhile, is attempting what looks like an increasingly ill-fated challenge to Gibson, one for which he already has loaned himself thousands of dollars for what will ultimately be ironic t-shirts and signs, even as he has not fundraised in his effort.
