WHERE WE WILL BE REVIEWED IN THE COMING MONTHS. BACK TO YOU. THANKS, TRAVIS
CONTROVERSY IS BREWING OVER
WHETHER JACKSONVILLE SHERIFF
MIKE WILLIAMS TO BE ABLE TO
KEEP HIS JOB AFTER IT WAS
DISCOVERED. HE ACTUALLY SOLD
HIS JACKSONVILLE HOME A YEAR
AGO AND HAS BEEN LIVING IN
NASSAU COUNTY. JOINING US LIVE
IN OUR POLITICAL ANALYST RICK
CHRIS HAND. THANK YOU BOTH FOR
JOINING US. YOU KNOW, BOTH OF
YOU HAVE BEEN CHIEF OF STAFF
FOR THE OFFICE OF MAYOR.
>> RICK, YOU ALSO HAVE BEEN
THE CITY’S GENERAL COUNSEL
LONGER THAN ANYONE ELSE HAS 13
YEARS.
>> SO, RICK, WE WANT TO START
WITH YOU. YOU KNOW,
JACKSONVILLE CITY GOVERNMENT
IS UNIQUE WHEN IT COMES TO
LOCAL RULES VERSUS STATE LET
ME COME IN ON THAT. I THINK
ONE OF THE MISPERCEPTIONS IS
THAT THIS IS A CONFLICT
BETWEEN STATE LAW AND LOCAL
LAW. I DON’T BELIEVE IT IS
ANOTHER FRAMING OF THIS IS
THAT STATE LAW IS TRUMPING
LOCAL LAW OR LOCAL LAWS
TRUMPING STATE LAW. I DON’T
THINK THAT’S THE CASE EITHER.
I BELIEVE WHAT WE HAVE HERE IS
STATE LAW IS SILENT ON THE
ISSUE, FOR EXAMPLE, FOR LOCAL
GOVERNORS, STEP TERM LIMITS.
AND IT’S ALSO SILENT ON
RESIDENCY REQUIREMENTS AND
LOCAL CHARTERED COUNTY SUCH AS
DUVAL COUNTY ARE ENTITLED IN
THEIR CHARTER TO PROVIDE FOR
TERM LIMITS, WHICH ARE VALID.
THEY’RE ALSO ENTITLED TO
PROVIDE FOR A RESIDENCY
REQUIREMENT. NOW, THIS HAS
BEEN MUCH LITIGATED OVER THE
LAST 20 YEARS. IT’S
UNDERSTANDABLE THERE WOULD BE
SOME CONFUSION. BUT IN THE
END, I THINK WHAT IT IS GOING
TO HAPPEN IS THE LEGAL
CONCLUSION WILL BE THAT THE
CHARTER RESIDENCY REQUIREMENT
DOES APPLY HERE IN DUVAL
COUNTY FOR THE SHARE. SO,
CHRIS, YOU WROTE A BOOK ABOUT
CONSOLIDATED GOVERNMENT
CITIZEN ENGAGEMENT. IF THE
SHERIFF MOVED OUT OF DUVAL
COUNTY A YEAR AGO SHOULD HAVE
TOLD SOMEONE AND IF HE DID,
WHO NEXT, THIS RULE WHO
FOLLOWS UP ON THIS I THINK ONE
QUESTION IS WHY QUESTIONS WERE
POSED TO THE OFFICE. THE
RECUSED TO LEAVE THE OFFICE OF
GENERAL COUNSEL. AS YOU KNOW.
>> UNDER OUR CHARTER, THAT
OFFICE REPRESENTS EVERY ENTITY
AND THE CONSOLIDATE
GOVERNMENT. THE GENERAL
COUNSEL HAS THE POWER TO ISSUE
BINDING LEGAL OPINIONS TO TO
DECIDE MATTERS OF LOCAL LAW.
THAT WOULD HAVE BEEN THE KEY
OFFICE TO CONSULT WITH
DETERMINE IS A MOVE TO ANOTHER
COUNTY GOING TO IN VALIDATE MY
SERVICE AS SHERIFF AS THE
SHERIFF IS INDICATED IN SOME
OF HIS PUBLIC COMMENTS. IT
SOUNDS LIKE THAT DIDN’T
HAPPEN. BUT OF COURSE, THERE
ARE CONVERSATIONS WITH THE
OFFICE OF GENERAL COUNSEL. NOW
TO DETERMINE THE STATUS OF
THAT CHARTER PROVISION. SO
WHEN YOU THINK THE OUTCOME IS
GOING TO BE A FEW QUESTIONS,
WILL HE BE FORCED ALSO TOO?
>> TO HAVE A RESIDENCE IN
JACKSONVILLE MAY BE ASKED TO
LEAVE HIS POST AND COULD THERE
BE A SPECIAL ELECTION FOR HIS
POSITION?
>> WE’LL START THE LANGUAGE IN
SECTION 8 POINT ’03 OF THE
CHARTER IS VERY CLEAR. IF THE
SHERIFF DIES OR RESIGNS OR
REMOVES HIS RESIDENTS FROM
DUVAL COUNTY, THE OFFICE OF
THE SHERIFF IS VACATED. THAT’S
VERY SPECIFIC LANGUAGE, A
LANGUAGE THAT WE HAVE TO GIVE
THE PLANE READING TOO. IF THE
OFFICE OF GENERAL COUNSEL
CONFIRMS THAT THAT IS THE
APPLICABLE LAW ON THIS MATTER.
THE OFFICE OF SHERIFF WOULD
HAVE BEEN VACATED WHEN SHERIFF
WILLIAMS MOVED FROM DUVAL
COUNTY TO NASSAU COUNTY. SO
WOULDN’T BE A QUESTION OF
RESIGNATION AT THAT POINT. IT
BE THE OFFICE BE A FUNCTION OF
A VACATED OFFICE WHICH WOULD
NOW BE NEED TO BE FILLED BY
SPECIAL ELECTION AND
POTENTIALLY.
>> A TEMPORARY GUBERNATORIAL
APPOINTMENT. SO WE’RE ALL
WAITING FOR AN ANSWER HERE,
RICK. THE CITY COUNCIL
PRESIDENT ASKED THE GENERAL
COUNSEL FOR RULING TOMORROW
THAT’S BEEN MOVED TO THURSDAY.
OF COURSE, THIS WAS A HOLIDAY
WEEKEND. BUT WHY IS THIS
TAKING SO LONG TO FIGURE OUT
CAN THEY JUST LOOKED THIS UP
AND GET AN ANSWER?
>> YOU KNOW, WE’RE GENERAL
COUNSEL. YOU ALWAYS GET ASKED
THAT QUESTION I ALWAYS WANT
MORE TIME. AND THE REASON IN
PART YOU WANT MORE TIME IS
THIS IS CONSEQUENTIAL. IT’S
SIGNIFICANT. AND IT’S NOT
NEARLY AS SIMPLE AS WE’RE
PORTRAYING AT THE ONE ISSUE,
OF COURSE, IS THE
APPLICABILITY OF THE CHARTER
IN THE RESIDENCY REQUIREMENT.
BUT ASSUME HE FINDS I THINK HE
WILL THAT THAT DOES APPLY. YOU
GO TO A SECOND ISSUE. IS THERE
A WAY TO RESOLVE THIS WITHOUT
LITIGATION? IS THERE ANOTHER
SOLUTION? WHAT IF THE SHERIFF
MOVES BACK INTO THE COUNTY?
AND IF NONE OF THAT HAPPENS,
THEN YOU GO TO WHAT CHRIS WAS
JUST TALKING ABOUT. IN FACT,
UNDER THE CHARTER, IF IT’S
VACATED AND THE GOVERNOR WOULD
APPOINT, IN FACT, AN ACTING
SHERIFF AND YOU HAVE TO HAVE A
SPECIAL ELECTION NO LONGER
THAN 6 MONTHS AWAY AND NO
SOONER THAN ONE MONTH OUT. SO
THERE’S A LOT HERE TO BE
RESEARCH. A LOT TO BE
REVIEWED. HECK OUT OF ASKED
FOR MORE TIME, RIGHT? WE’LL
FIND OUT THURSDAY.
>> THANK YOU. POLITICAL
ANALYST RICK MULLANEY AND
CHRIS HAND AND YOUR INSIGHT.
THANK YOU VERY MUCH. WELL, WE
MAY NOT KNOW WHAT SHERIFF
WILLIAMS FUTURE AS THE LEADER
OF THE CITY’S POLICE FORCE
WILL LOOK LIKE UNTIL THURSDAY.
>> NEWS 4 JAX REPORTER JIM
PIGGOTT EXPLAINS A LITTLE BIT
MORE ABOUT WHY CITY COUNCIL
LEADERS MOVE THAT DEADLINE.
THAT’S COMING UP AT 6. AND A
REMINDER WE WANT TO HEAR FROM
YOU. WHAT DO YOU THINK ABOUT
THE SHERIFF MOVING OUT OF