Jacksonville council presses general counsel over separation-of-powers opinion tied to Meridian vote

Council Member Salem said the City Council voted on Meridian-related legislation without knowing the Office of General Counsel had already identified a potential separation-of-powers problem, and warned the city could face litigation and large legal bills.

The meeting, called by Council Member Salem to discuss the OGC memo and the Meridian matter, focused on a Jan. 24 legal opinion from the Office of General Counsel and the role that OGC plays in advising both the council and the mayor’s office. Council members pressed General Counsel Fackler for why the separation-of-powers concern was not disclosed before the December vote on the Meridian matter and for clearer guidance ahead of the upcoming budget process.

Why it matters: Council members said the opinion upends decades of local practice by inviting either branch to “throw a flag” on past ordinances or contracts and have the OGC decide on a case-by-case basis. Council members said that uncertainty could slow government work, invite lawsuits and increase costs to taxpayers. Several members demanded clearer, earlier legal notice when issues arise and asked whether the council can rely on a single OGC office that represents the consolidated government.

"I feel like, we have walked into a lawsuit by…