A.G. Gancarski
Jacksonville’s top lawyer has sided with Mayor Donna Deegan in a spat with the City Council over how much of a raise to give Meridian Waste.
And some members of the legislative branch that confirmed him unanimously less than two years ago now express deep disapproval of General Counsel Michael Fackler, suggesting he’s more aligned with the executive branch.
Deegan vetoed the attempted 29% raise approved on Dec. 10, 2024.
And while the Council overrode that veto, Fackler contends that the ordinance that allows the Council to set rates “violates the principle of separation of powers explicitly stated in the Charter.”
Less than 24 hours after the Council approved a garbage fee increase raising the fee from $151.80 annually to $324 this year and $384 two years from now in an attempt to rectify a fund in deficit for years, many members expressed discomfort with Fackler’s handling of the Meridian morass.
“We have walked into a lawsuit by that vote,” said at-large Republican Ron Salem, saying Meridian would sue for redress.
In response, Fackler (the subject of a no-confidence resolution from Salem and Rory Diamond) noted the “separation of powers” was in discussion in his office since October, well before the vote.
“The message to me was don’t stick my head up” and “offer unsolicited advice,” he said, adding that he did not know if she would veto the bill and was not “authorized to reveal her plans.”
Salem said Fackler told him “the Mayor was (his) client,” and in that context, he wondered who the City Council lawyer was.
“You didn’t advise us,” Salem said.
Fackler offered to provide preemptive legal advice in the future, but it didn’t mollify Salem, who believes Fackler didn’t offer the Council “adequate representation” and that as a result, Meridian could win a lawsuit and several hundred thousand dollars as a result.
Salem also expressed concern that Deegan has line-item veto authority on the budget passed by the Council, saying he’s worried the legislative branch “won’t be controlling the budget.”
He also took issue with Deegan’s claim that Fackler calls “balls and strikes,” saying the lawyer had never sided with the Council; Fackler disputed Salem’s read.
Diamond, a lawyer by training, expressed his own concerns about the “tense” situation, saying he didn’t believe he could do his job “well” without a General Counsel he has “trust” to represent him and not “break confidences.”
“We’re getting live grenades coming at us now that we’re in a lawsuit,” the Beaches Republican said, noting that Fackler had called him once in the last 15 months, a contrast from regular communication from previous General Counsels.
“I don’t reach out affirmatively on every issue,” Fackler said, urging Diamond to see if they could “work together as best (we) can.”
Diamond also suggested “trust wasn’t there” between Fackler and his deputy lawyers.
Southside Republican Joe Carlucci pressed Fackler on how ordinances became law if they didn’t comply with the city charter.
“If the Mayor doesn’t object, then you guys can do whatever you want,” the city’s chief lawyer said, adding that the Mayor in 1976 (Hans Tanzler) signing off on legislation letting the Council set fees wasn’t binding on this one.
“Don’t change the rules of the game,” Carlucci would say later on in the discussion, after colleagues expressed frustration over the lawyer and opinions they believe are tailored to the Mayor’s agenda.
At-large Republican Nick Howland worried about “further breakdown” between the Mayor and City Council in light of Fackler’s opinion.
Northside Republican Mike Gay likewise said he felt the Council had been “hung out to dry” from the lawyer’s novel interpretation of long-standing law.
“This whole thing was a set up,” added Southside Republican Kevin Carrico, the Council Vice President.
Former President Randy White wondered if the Council could appeal to the Florida Attorney General for an opinion on separation of powers. Fackler advised that he didn’t believe they could.
Westside Democrat Dr. Rahman Johnson said it was “almost dysfunctional” that the General Counsel could represent the Mayor’s Office and City Council simultaneously during conflicts like this. Told of the Office of General Counsel process in arriving at decisions, Johnson wondered if the Council would have access to those deliberations where city lawyers figure out strategy and binding opinion.
“I think what I would say is no,” Fackler said, saying the interest was in his lieutenants being “candid” with him.
The hits kept coming.
“I just don’t believe we have an overall General Counsel for the City Council,” said at-large Republican Chris Miller.
16 comments
the Truth
February 12, 2025 at 4:08 pm
remember, Fackler, advised Deegan that she had the authority to remove the Women of the Southland statue, and she did not
MH/Duuuval
February 12, 2025 at 9:21 pm
None of your MAGA allies made a serious effort to preserve the statute. It could be gifted to the Confederate Sons who have a presence at Evergreen.
MH/Duuuval
February 12, 2025 at 9:19 pm
Trust is a two-way street. MAGAs on the Council have aggressively harried the Mayor and her administration as well as Mr. Fackler Day One. This is a tried and true strategy of autocrats like Newt Gingrich and Mitch McConnell.
Salem becomes windier and more MAGAnutty with every real or imagined controversy. He wants to be Mayor next time and has fallen in with the MAGA defenestrators on the Council including Diamond Howland, Freeman, and Carrico.
DuvalGOP
February 13, 2025 at 8:10 am
Since Republicans took control of the CC, Jacksonville has never seen a weaker group of representatives.
Most (but not all) were backed and consulted by Team Curry/Baker/Black/Pantanakis who are very good at finding poor minds and making them members of the CC.
This group was built to be a rubber stamp for then presumptive Mayor Daniel Davis and now are faced with a Democrat mayor who has out flanked them every time.
I am ashamed of how poorly my party is now represented.
JaxNative
February 13, 2025 at 8:38 am
Yes CM Carrico it was a “set up” and as Council VP it was your job to see it coming.
Makes me wonder if you and your advisors have what it takes to be any good at this game.
MH/Duuuval
February 13, 2025 at 9:24 am
Carrico is a particular embarrassment given his important role in the community as CEO of the local Boys and Girls Clubs. Seems like their board of directors would rein him in; instead he stands with MAGA rogues like Diamond, Howland, and Freeman.
like it is
February 13, 2025 at 8:46 am
this Democrat Mayor will be a one term Mayor. as far as Team Black/Pantanakis, it is a very good team that defeated the loser Caucus many many times and will in the future lol
Pack E. Derm
February 13, 2025 at 9:18 am
Black and Patanakis did a fine job getting Davis, Fisher and Stokes on a fast train to political Siberia. They found a way to get the Gov engaged in a Speaker’s race which eliminated Baker from contention and let’s not forget that the two of them were unable to pass the baton to Dean’s hand picked successors at the Duval REC after telling anyone who would listen that the race could not be lost.
Right now the only influence they have is with the “Loser Caucus.”
MH/Duuuval
February 13, 2025 at 9:26 am
If there has been a less productive member of the Legislature recently, besides Randy Fine, it would be Dean Black.
Tally Cat
February 13, 2025 at 9:31 am
No, no, no Dean very important.
Don’t believe me, just ask him.
loser caucus
February 13, 2025 at 4:25 pm
the Duval REC chairman job means nothing,,, what 400 members at most,,, hey, Ginger Soud won so easily didn’t she,,, and she was outspent heavily . the loser caucus pick, Barr, is supporting the establishment candidate as they say, “Freeman” for Mayor, how does the loser caucus like that???? so funny
the way it is
February 13, 2025 at 5:00 pm
the REC chairman has no power. heck, look how soundly Ginger Soud won the state committeewoman race!!!! Dean Black is the state Committeeman,,, so, the Duval REC will have to work with both of them, and Ginger defeated the loser caucus 🙂
Jax GOP
February 14, 2025 at 4:16 pm
For the past several years the Duval REC has been used as a pass through for Baker/Pantanakis clients with those two then receiving the bulk of the funds from no bid, no disclose contracts.
To say that the REC and Chair have no power shows a general ignorance as to how things have operated under Blacks tutelage. This way of operating was the primary reason for Dean’s slate being defeated.
The worst thing that could happen to that crew would be a forensic audit of the Dean’s time as Chair.
RayJ
February 15, 2025 at 10:01 am
Let’s not forget that Dean actively recruited candidates offering his support and donor access if the prospective candidate would hire Pantanakis as their consultant.
Thankfully some were wise enough to turn down that deal and won without them.
The gravy train for those two grifters ended with the defeat of their REC slate.
in the name of
February 14, 2025 at 5:46 pm
Jesus, please protect Representative Randy Fine against the devil, those who attack him, Amen
well how do ya feel REC
February 16, 2025 at 2:54 pm
how does the Duval REC feel about Representative Randy Fine?
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