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Q: A power struggle recently erupted at Jacksonville City Hall, revolving around the pay for waste hauler Meridian Waste.
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Here's how it went: City Council approved a 29% increase in Meridian's payment. Mayor Donna Degan vetoed it. Council overrode the veto. General Counsel Michael Fackler then said council didn't have the right to decide. Finally, frustrated council members suggested a no-confidence vote on Fackler.
This dispute was more extreme than many, but conflicts between a council and mayor are not unusual -- particularly a Democratic mayor and a largely Republican council.
Jacksonville Today reader Judy J. is curious about the division of labor inside City Hall. "It seems like the mayor and the City Council are always sparring over whose responsibility different decisions are," she says.
"I understand it's a point of contention, but what are the basic rules?"
A: Section 4.01 of the Jacksonville City Charter states that the power of the consolidated government should be divided among the legislative, executive and judicial branches.
"No power belonging to one branch of the government shall be exercised by either of the other branches, except as expressly provided in this charter."
Duval's executive, legislative and judicial leadership
Currently, Deegan heads the city's executive branch. The Jacksonville City Council is the legislative branch. The council is currently led by Council President Randy White. The 4th Judicial Circuit of Florida, which also includes Clay and Nassau counties, is the judicial branch. Circuit Judge Lance M. Day is the current chief judge of the 4th Judicial Circuit.
Jacksonville City Council duties
Section 5.07 of the Jacksonville City Charter gives the council the power to review and appropriate monies "to the consolidated government and any independent agencies which request appropriations from the consolidated government. The council has the authority to "levy taxes as required to meet the budgets approved by it."
Independent agencies would include organizations such as the Jacksonville Transportation Authority, JEA, Jaxport, Jacksonville Aviation Authority and the Jacksonville Housing Authority.
City charter also provides the City Council, or an appointed committee of the council, to investigate the conduct of any department, office or agency of the consolidated Duval County government.
The only executive power granted to City Council is the ability to appoint and remove members of the JEA board of directors.
Jacksonville mayoral duties
Section 6.04 of the city charter outlines the powers and duties of the mayor. The mayor has veto power over any ordinance or resolution adopted by the council with seven exceptions.
According to Section 6.05 of the charter, they are:
Consolidation of the urban services districts.Appointments to the zoning board and the building codes adjustment board.Zoning exceptions and variances.The auditor, the secretary of the council or other employees of the council.Internal affairs of the council.Investigations by the council or any duly appointed committee thereof.Quasi-judicial decisions made by the council.
(Note that Section 6.04 of the charter never considered the possibility of a woman fulfilling the role of mayor. The charter says, "He shall be responsible for the conduct of the executive and administrative departments of the consolidated government." The charter indicates only the possibility that a man might execute the duties of mayor or exercise a veto.)
How a local bill becomes law
The Jacksonville City Council can pass an ordinance or a resolution. Both are commonly referred to as bills, but they have different purposes.
An ordinance, such as funding for the EverBank Stadium renovations last year, is permanent in nature.
A resolution, such as the one filed earlier this month expressing a lack of confidence in General Counsel Fackler, is temporary in nature, or the process the City Council uses to handle administrative business.
The concept for an ordinance or resolution is proposed by a City Council member. The bill is often written by an attorney in the Office of General Counsel or the City Council Research Division.
A bill is read at least three times in a public meeting or City Council meeting before it becomes law.
After a bill is introduced to the full council for its first reading, the council president assigns a bill to one or more committees.
Currently, there are five full-time committees. They are Finance; Land Use & Zoning; Neighborhoods, Community Services, Public Health & Safety; Rules; and Transportation, Energy and Utilities.
Bills are read during a public hearing of a City Council meeting for their second reading.
After the second reading, a bill is sent back to committee for recommendations of "approval" or "withdrawal." A committee can also recommend that the council amend or substitute a bill andthen re-referred it to the committee for further consideration.
The entire council's consideration of the final form of the bill is the third reading, followed by a vote.
Bills that receive a majority vote from the 19-person city council are sent to the mayor. There are exceptions, such as the 2020 Lot J development proposal and the stadium renovation deal, that require a supermajority of the council.
The mayor may sign the bill, allow it to become law without a signature or veto the bill.
A mayoral veto may be overridden by either a two-thirds vote of the present City Council members or, in the case of a budget appropriation, by a simple majority of the council.