Duval school board votes to seek authority to hire its own general counsel, approves interagency payment plan

The Duval County School Board on Aug. 5 approved a resolution asking the Jacksonville City Council and the Duval delegation to support amending the city charter so the board "may employ its own counsel," a change supporters said would let the district hire attorneys with education-law experience and offer a Florida Retirement System benefit. The resolution passed 5-2.

Board Member Balduke, who moved the resolution, said the current arrangement limits the district's applicant pool because "we are the only district in the state of Florida out of 67 counties, that are not allowed to hire our own, general counsel." Vice Chair Carney seconded the motion. After extended public and board discussion about timing, costs and conflicts of interest, the board authorized the step to pursue a local bill (J bill) this fall.

Why it matters: The change would shift the board's ability to select and set compensation for a board attorney from the consolidated city's Office of General Counsel (OGC) to the Duval County School Board. Supporters said that would align Duval with most other Florida districts and allow the board to recruit attorneys eligible for FRS participation. Opponents and some board members urged caution, citing potential costs, loss of legal synergy with city lawyers and the practical difficulty of recruiting a qualified candidate quickly.

Discussion highlights: Board members raised procedural and logistical questions. Board Member Pearson asked whether a future board could reverse the change if it proved unsuccessful; city counsel Michael Fackler replied the charter language as drafted uses "may" and would allow the board to employ its own counsel but would not force it to do so. Fackler and other city lawyers told the board that, regardless of the charter outcome, the city's OGC intends to continue providing services for matters the board does not retain outside counsel for.

Public comment on the item was sharply divided. Several speakers urged the board to move toward independent counsel, saying prior OGC advice had been politicized; others warned the timing and motivation looked political and asked for more study and public notice. Natalie Dreyer, speaking for taxpayers, said the change was "not political, it's prudent," while Yasmina White said the timing felt "far too convenient" in light of a recent OGC audit.

Related payment agreement: Immediately after the resolution vote the board considered and approved an interagency agreement by which the district will make quarterly payments to the city to cover the actual cost of attorneys the city provides. The board amended the agreement to correct the address and then approved the interagency agreement as amended 7-0. Board Member Pierson moved that amendment; Board Member Willie seconded.

Next steps and timeline: Board members were told that if the board approves the resolution tonight and a city council member introduces the companion measure, the city council process typically requires several weeks for readings and public comment. The Duval legislative delegation would need to consider a J bill during its October meeting for an effective change to be in place for the 2026 fiscal cycle. Board members and city counsel noted that the process could be delayed if the council or the delegation declines to sponsor or advance the change.

What the board decided: The board adopted the resolution directing staff to take steps to secure city council support and pursue the charter change; it separately approved an interagency agreement for payments to the city during the transition. The vote on the charter-resolution item was 5-2; the interagency payment agreement passed unanimously after an amendment to the address.