Nine City Council members had the opportunity to take a settlement regarding possible Sunshine Law violations. Four did. Five didn’t.
Now those five will have to pay to defend themselves in court unless another settlement opportunity arises.
The suit stemmed from the Sept. 21 council meeting when the budget was finalized.
Fire Union President Randy Wyse texted several council members to seek support for $330,000 needed to prevent demotions within the department. The money was pulled from a drainage fund after a couple of votes saw three members flip-flop their decisions.
In the weeks that followed, The Florida Times-Union reported on the series of text exchanges. A lawsuit was filed by the Concerned Taxpayers of Duval County alleging Sunshine Law violations relating to the vote and contact with Wyse, along with a separate text exchange between two members.
Council members Aaron Bowman, Katrina Brown, Reggie Brown, Doyle Carter, Garrett Dennis, Reggie Gaffney, Tommy Hazouri and Scott Wilson were defendants along with Wyse, who was named as a liaison, of sorts, for the conversations.
Council member Joyce Morgan later came forward with text messages, according to John Winkler, president of the taxpayers group.
Bowman, Hazouri, Wilson and Morgan signed a settlement Friday.
Terms include an injunction for one year, where those members can’t privately communicate city business during a public meeting and must retain pertinent records.
Council members also received additional ethics training.
The city also will pay $25,000 to the Concerned Taxpayers for its legal fees.
The settlement isn’t to be construed as an admission of wrongdoing, according to the settlement.
“I thought it was in the best interest of the city,” said Hazouri. “I don’t think I did anything, at least intentionally … but now we can move forward with bigger issues without distraction.”
Hazouri said he had no objections to the terms. He said they basically “just do what you’re supposed to be doing in the first place” for the next year.
But that’s exactly the reason Reggie Brown didn’t sign the settlement.
“I do that anyway as an elected official,” he said. “If I have to do it anyway, why put it in writing?”
Brown said he was OK with additional ethics training and other aspects, but entering the injunction was “grandstanding” by the taxpayers’ group.
“I’m not OK with anyone expecting me to have a black cloud hovering over me for a year or longer,” said Brown.
Brown, Katrina Brown, Carter, Dennis and Gaffney will have to seek their own legal representation by not taking the settlement.
Reggie Brown said he doesn’t believe he needs a lawyer and will go to court himself to present a judge his evidence of his one text response. He wants the case thrown out.
“We’ll let the judge decide,” he said.
Gaffney said he’d seek legal assistance, but didn’t sign the settlement as a matter of principle.
“I did nothing wrong,” he said. “I felt like if I did, I would have signed what was asked of me.”
He said his conscience wouldn’t allow him to do that.
Gaffney said he received a text from Wyse and responded asking about pulling money from the Jacksonville Journey for the fire department demotions, but didn’t know Wyse was in communication with anyone else.
City General Counsel Jason Gabriel did not return three calls Monday or Tuesday seeking comment.
A bill amending council rules for communicating with electronic devices is still in committee. That means an order by council President Greg Anderson remains in place banning cellphones while council members are on the dais.
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