Mayor Donna Deegan is rallying support for her nomination to be the city’s next general counsel: former City Councilwoman Randy DeFoor.
It’s the first test of how Jacksonville’s new Democratic mayor and Republican City Council are going to get along, as Deegan’s choice of a former City Council member has caused some current City Council members to pause before approving the nomination.
A state rule established a few years ago says once you leave the City Council you must wait two years before you can lobby the City Council.
Some believe that could be part of DeFoor’s new job as the city’s top lawyer, and both the City Council and the Mayor’s Office have posed the question to the state Ethics Commission about whether DeFoor can be appointed to the job.
Deegan is holding an 11 a.m. news conference Wednesday at City Hall where other former city general counsels will speak out in favor of DeFoor’s appointment.
News4JAX will stream the news conference live. Press play above to watch.
Some are saying pure politics could get in the way of Deegan’s choice — even though DeFoor is a Republican, and it’s the Republican-controlled Council that must approve her.
“Well, you know, the best part of being general counsel is, I am not a policymaker anymore,” Defoor said. “So that is not my role. That’s not my role anymore. That’s (City Council President Ron Salem’s) role. That’s not mine. Mine is being an attorney and representing each one of my clients to the best of my ability.”
Salem said members voted to ask the state ethics commission to make a ruling on this, but that decision won’t be made until late October. The city is scheduled to vote on DeFoor’s nomination next month.
Melissa Ross — speaking on behalf of the mayor — said they have also posed the question to the state.
“Randy DeFoor is not limited in her role to serve as general counsel,” Ross said. “At the same time to bring final clarity to this matter, the Mayor’s Office has requested an opinion from the state Ethics Commission.”
News4JAX asked Political Analyst Rick Mullaney of JU’s Public Policy Institute — who also served as the city’s general counsel — to break it down for us. He believes DeFoor can legally do the job.
“I think that limitation is being misconstrued by some. Under the state statute, I am very confident that the former City Council member can serve as general counsel. There is no prohibition. The other part is, are there limitations on that service? I don’t believe there are because of the statutory language, and because of the nature of consolidated government,” Mullaney said. “Having said that, this is unsettled, and therefore some want to go to the ethics commission to get their opinion and of course, it is unpredictable what they might do.”
Mullaney pointed out that DeFoor’s role is to represent the City Council and the consolidated government, not to be a lobbyist.
“She’s not a policymaker; she’s legal counsel,” Mullaney said. “On the other hand, there are those who are concerned that you need clarity from the state Ethics Commission, and it’s understandable that they could possibly come to a different conclusion.”