A.G. Gancarski
The Jacksonville City Council voted 11-6 Tuesday night to affirm its “lack of confidence” in General Counsel Michael Fackler’s ability to be unbiased and independent.
While the supermajority Republican legislative body was unanimous in confirming him in 2023, relationships have soured amid perceptions that Fackler serves Democratic Mayor Donna Deegan rather than the lawmakers.
Tensions were seen most vividly during a special meeting last month where members of both parties pilloried Fackler for not advising the Council amid a dispute over the Meridian Waste contract.
Tuesday night made it clear that time healed no wounds; the resolution had ten Republican sponsors (Raul Arias, Ron Salem, Rory Diamond, Randy White, Kevin Carrico, Nick Howland, Chris Miller, Joe Carlucci, Mike Gay, and Will Lahnen).
Other Republicans resisted, however, despite language being watered down to make it clear that not all members of the Council oppose the general counsel.
Ken Amaro lauded Fackler staffers for coming to his office and talking to him.
“I think if our general counsel was that bad we have provisions in place where we could get rid of him,” Amaro said. “This legislation has the potential to cause more damage than good … (and) questions about what’s going on here at City Hall.”
Matt Carlucci echoed Amaro’s take.
“This will come back to haunt us especially if this general counsel has to defend us in a case,” he predicted.
Michael Boylan noted he wanted to withdraw the resolution in committee, saying the “damage has been done” already.
Diamond stood his ground, saying the vote of no confidence, if it passed, should lead Fackler to resign.
Democrat Tyrona Clark-Murray said that the resolution was “legally baseless” given that Fackler’s failings were not sufficient to drive him out of office.
Salem noted the resolution was “non-binding,” a “gauge of Council’s confidence” in Fackler. But he contended that Fackler’s handling of the Meridian situation was an “earthquake” for Council.
He also said former general counsels told him Fackler overstretched with binding legal opinions, and that if they could speak publicly, the “vote would be 17-0.”
“We have a general counsel who is ill suited for the job,” Salem said, blaming himself as president of the Council for “rushing” the vote to confirm Fackler through.
Carlucci noted that lawyers he’s talked to support Fackler, including the Jacksonville Bar Association.
