In Defense of the Charter
I love the City of Jacksonville Charter.
That statement may sound strange, akin to Brick Tamland (Steve Carell) declaring “I love lamp” in Anchorman: The Legend of Ron Burgundy.
But I love the City of Jacksonville (COJ) Charter in the same way I love the U.S. Constitution and the Florida Constitution. It serves a similar purpose to both of those documents — providing the architecture of our local government and giving both elected and appointed officials a lodestar to regulate their governance. Even better, its legal guidance transcends temporary terms. No matter how many nameplates change on the doors of the offices of the Mayor, City Council, or other elected officials, the Charter abides.
Don’t get me wrong: The Charter is not perfect. I don’t love every word in it and wish it had other words not currently present. If I were a one person Charter Revision Commission, I would recommend changes. Yet even in its current form, despite its imperfections and omissions, the Charter is essential to the operation of our unique city/county government.
Because I love the Charter, I pay close attention when its provisions are publicly mentioned. The latest discussion came last week, when Kailey Tracy of First Coast News and Andrew Pantazi of The Tributary reported that Duval County Sheriff Mike Williams has relocated to Nassau County. That move appears to invoke Section 8.03 of the Charter, which states that if “the sheriff should die, resign, or remove his residence from Duval County during his term of office, or be removed from office, the office of sheriff shall become vacant.”
As Nate Monroe of the Florida Times-Union reported yesterday, the COJ Office of General Counsel (OGC) will opine early this week as to whether the Nassau County move created a vacancy in the Sheriff’s Office. Williams is entitled to make his case as to why he believes the above-referenced Charter provision does not prohibit his residence in another county, and OGC will weigh all relevant factors in rendering its binding legal opinion on the subject. We will know soon enough if Duval County needs a new Sheriff.
But the Charter abides, which is why it was concerning to see recent social media commentary on the relocation question that appeared to minimize the Charter’s importance. The Charter is not just some list of recommended actions or a compilation of helpful best practices for local government officials. In the City of Jacksonville, the Charter is the law.
Jacksonville should be glad of that fact, as the Charter’s existence is empowering for our city/county government and community. According to Article VIII, Section (1)(g) of the Florida Constitution, “Counties operating under county charters shall have all powers of local self-government not inconsistent with general law, or with special law approved by vote of the electors. The governing body of a county operating under a charter may enact county ordinances not inconsistent with general law.” The consolidated City of Jacksonville (operating as the Duval County government) is one of only 20 Florida counties that can govern itself unless the State of Florida has specifically pre-empted governance on a particular subject. The Charter gives us a level of autonomy that 47 non-charter Florida counties do not have.
The Charter also empowers Jacksonville citizens with the ability to shape the structure and focus of our local consolidated government. As Section 18.05(a) of the Charter explains, “[a]n amendment to this charter by referendum may be proposed by ordinance or by a petition signed by qualified voters of Duval County equal in number to at least five (5) percent of the total number of registered voters in the city at the time of the last preceding general consolidated government election”. That citizen amendment option is the reason Jacksonville limits installation of billboards and prioritizes tree protection and conservation. Concerned citizens worried about Jacksonville’s economy and environment used their power under the Charter to move government in their direction.
But the Charter also is a source of reassurance that COJ officials must operate within certain legal parameters. It establishes the responsibilities of the consolidated government, manages the balance of power between the COJ executive and legislative branches, prescribes the duties and terms of elected officials, and governs the work of COJ-created independent authorities. It also outlines the annual budgetary and millage rate adoption processes, regulates the COJ’s ability to borrow money, and creates internal checks on governmental power through the authorization of the Office of General Counsel; City Council Auditor; Office of Ethics, Compliance and Oversight; and Inspector General.
Whether you’re a current COJ elected official, a filed or prospective candidate for elected or appointed office, or a Jacksonville resident hoping to use your citizenship skills to make local government respond, do yourself a favor: Read the Charter. Digest its provisions. Ask questions about its meaning. Make suggestions for its improvement. Consider how the Charter might be an instrument for creating the community you want Jacksonville to be.
When you are finished, I hope you will love the Charter as much as I do. But whatever you feel about it, please don’t diminish or devalue our local constitution. The Charter abides. Let’s be thankful it does.
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Chris Hand is a government law attorney who served as Chief of Staff at the City of Jacksonville from 2011–2015. He co-authored America, the Owner’s Manual: You Can Fight City Hall — and Win and authored the 50th anniversary edition of A Quiet Revolution: The Consolidation of Jacksonville-Duval County and the Dynamics of Urban Political Reform.
