City Council overturns mayor's veto on trash contractor pay increase after heated debate

The Jacksonville City Council voted 14-4 on Tuesday to adopt ordinance 2024-800 notwithstanding the mayor's veto, approving a pay increase for solid-waste contractor Meridian and prompting warnings from the mayor's Office of General Counsel about separation-of-powers and potential litigation.

Why it matters: Council members who supported the override said the measure is aimed at preserving trash collection service and protecting workers amid a tight labor market; opponents and city legal staff warned the council could be undermining the charter'mandated division of legislative and executive authority and that the city may face lawsuits if the mayor refuses to sign.

The council president opened debate after the mayor returned the ordinance with a veto message. Michael Fackler of the Office of General Counsel explained the legal posture to the council and said the charter requires a two-thirds vote of members present to overturn a veto; with 18 members present that meant 12 votes were required. The council voted 14 in favor and 4 opposed.

Council Member Diamond (District unknown) framed the override as both a policy issue about ensuring reliable trash service and a constitutional matter, saying the council's appropriation power would be hollowed out if the mayor could refuse to spend money the council has approved.

"A city needs to do three things really well: police and fire, pave the roads, and pick up the trash," Diamond said during debate. He argued the ordinance was required to keep Meridian competitive with other haulers and avoid the service disruptions the city experienced under prior contracts.

Several supporters said Meridian operates at materially lower pay rates than other haulers and could lose drivers without the increase. Council Member Salem described the historical trash emergency and said the ordinance's additional dollars were needed to maintain service and driver retention.

Opponents raised separation-of-powers and process concerns. Council Member Peluso asked whether the council was obliged to act at the same meeting the mayor returned the veto and whether additional time was warranted; Fackler replied the rules allowed the council to take up the override at the next meeting after the mayor returned the legislation, though the president may extend that window.

Fackler told the council that if the mayor refuses to sign, Meridian could sue to enforce the contract the parties signed and that, depending on the court's view of whether signing is a ministerial duty, the ordinance could be declared invalid. He said the contract contemplated retroactivity to Oct. 1, 2024, which could protect Meridian in part.

Council members describing district-level impacts urged a vote to prevent service losses. Council Member Gaye, whose district includes areas served by Meridian, said, "If they're paying drivers more elsewhere, they're going to lose drivers. ... I say, let's get the trash picked up."

After the vote, the president declared the veto overturned. The transcript records the tally as 14 yays and 4 nays. Several speakers warned the dispute could lead to litigation if the mayor declines to sign the ordinance.

What the council did not do: The record contains no formal, named amendment that altered the substance of the ordinance during the override vote; council members repeatedly framed the vote as a choice to overturn the mayor's veto or sustain it. The Office of General Counsel's binding opinion about separation-of-powers was discussed at length but the council majority voted to override nonetheless.

Outlook: The mayor may refuse to sign the ordinance; OGC and others said Meridian could sue to enforce the contract and that the city could face litigation over whether the mayor must sign acts appropriated by the council. Council supporters said they were prepared to defend the legislative branch's appropriation power.

Ending: After the vote, some council members urged the mayor to sign the ordinance to avoid a protracted legal fight; others said they expected litigation if the mayor proceeded otherwise.