Personnel committee authorizes council to engage legislative counsel and outside firm Burr & Forman

The Jacksonville City Council personnel committee voted to authorize the engagement of legislative counsel and to allow the council president to negotiate an engagement with the outside firm Burr & Forman LLP, while also discussing whether the council secretary may serve as legislative counsel.

Council President introduced the agenda item saying the council had experienced differences with the Office of General Counsel and that the council needed legal advice on legislative matters from counsel who report directly to the legislative branch. Council Member Rockman Johnson and others said the council previously authorized a $100,000 appropriation for legislative counsel and discussed which firms were under availability.

Mary Stifopoulos of the Office of General Counsel identified the charter and code provisions that permit the city council to establish an office of legislative counsel. "The council's authority to engage, and to create an office of legislative counsel is actually in 7.01 of the city charter," Stifopoulos said, and she cited chapter 14 of the city code as further implementing language. She told members the personnel committee must authorize the engagement of private firms to provide services under the office of legislative counsel.

Members discussed whether the council secretary, Jason Teal, could serve as legislative counsel. Teal said the office would be an advisory role and not hold sovereign power: "The role of the office of legislative council is not one who is vested with sovereign power. It is merely an adviser to the council," he said, adding that the office would be limited to matters that come before the council and that he would maintain confidences and professional duties if asked to serve. Teal said he would prefer a retainer-style funding rather than hourly billing to avoid administrative complications.

Some members urged caution. Council Member Rockman Johnson and another member raised concerns about charter supremacy and possible legal challenges if the council elevated the council secretary to the role without further vetting. One member asked that the committee consider other former general counsels and firms, naming Rogers Towers and other firms discussed historically.

The committee discussed existing funding. Committee staff reported a prior $100,000 appropriation was made for legislative counsel; the current balance available for use was stated as $77,953 because portions had been used to engage Ballard Spahr LLP for a previous matter. Members discussed whether GrayRobinson had been engaged (committee staff said GrayRobinson had not been used) and whether Burr & Forman should be added to the authorized list of vendors under section 14.105 of the code.

After debate, a committee member moved to authorize engaging Burr & Forman and to authorize the council secretary to serve as legislative counsel with authority to engage outside firms as needed within available funds; a member seconded the motion. The committee voted by voice; the chair said "The motion carries." The committee then separately moved and approved a resolution authorizing the council president to negotiate the engagement terms with Burr & Forman. No recorded roll‑call tally was taken during the meeting.

The action authorizes the personnel committee and the council president to proceed with an engagement for legislative counsel services, with the understanding that the office of legislative counsel's services are to be initiated and supervised by the council president and subject to available funding and subsequent personnel committee oversight.