It's Easier Here: Don't call 'em a lobbyist
A twice-weekly Florida Times-Union newsletter with local political commentary by columnist Nate Monroe on all that is easy — or sleazy — in the Bold New City of the South.
WELL, WELL, WELL
My colleague David Bauerlein watched the state Ethics Commission meeting this morning, and the group came to an interesting conclusion on a legal question that could affect the plans of Jacksonville's esteemed outgoing City Council members. At issue were two questions: Can a City Council member go work for the mayor's office after their terms end? The answer to that is yes — pretty straightforward. The second question is a bit more interesting: Can that former council member, working within the executive branch, represent the mayor's office before the City Council within two years of leaving office? "Represent" here being a euphemism for "lobby."
State law prohibits elected officials from lobbying their former agency or government body for two years after leaving office. The general counsel's office forwarded a weird opinion to the Ethics Commission that tried to argue the City Council and mayor's office "work hand-in-hand" and are part of the same overall government, therefore the lobbying ban shouldn't apply: In their view, a council member could term out, go work for the mayor and then lobby their former colleagues on Day 1 because they're all part of the same big, happy family. No conflict there!
THE ETHICS COMMISSION DID NOT AGREE. The commission's staff gave the members two possible opinions, one saying it was allowable and one saying it was not. They chose the one that says it's not.
"... we could easily foresee a former City Council member employed by the executive branch, within two years of leaving public office, seeking to capitalize upon their influence, expertise, and contacts in legislative matters gained through the public service ...," the opinion says. "We remain convinced that such opportunities for undue influence during the two-year period immediately following an elected official's public service continue to exist within bot the private and public sectors."
Here, here. That is a sensible position.
SO WHAT DOES THIS MEAN? Well, there's obviously a reason the city's top lawyer was trying to argue one way on this question — more specifically, arguing one way that didn't really make any sense. It's just not fully clear what that reason is at the moment. Is it possible Mayor Lenny Curry was hoping to tap a council member to become the next chief of staff? It would be a bit hard for a council member to serve in that role if they are prohibited from representing the mayor's office to council members for two years. In fact, they'd be pretty useless — not that such a situation has prevented executive appointments before.
And what about Councilwoman Lori Boyer's interest in becoming the next head of the Downtown Investment Authority? Wouldn't it be pretty difficult to do that job well if Boyer is prohibited for two years from representing the DIA to the council and the mayor's staff? The head of the DIA has to make budgetary requests of the council as well as present and advocate for public-incentive packages for downtown developers. This pretty obviously falls within the realm of lobbying.
THERE IS A BIG VACANCY AFTER ALL: Sam Mousa retiring as Curry’s top administrator, by David Bauerlein.
"Sam Mousa, the University of Florida alumnus who served in appointed positions for five Jacksonville mayors and wins praise as a master of city government’s inner workings, will be leaving City Hall after four years as chief administrative officer for Mayor Lenny Curry.
'Sam is without question the most skilled city administrator Jacksonville has had in our history, and I believe Sam is one of the best municipal policy experts in the entire nation,' Curry said Thursday in announcing Mousa’s upcoming departure.
After a three-month transition period, Mousa’s last day will be June 28. Brian Hughes, chief of staff for Curry, will then become chief administrative officer."
SHAMELESS PLUG: There is no replacing Sam Mousa, a lion of city government, by Nate Monroe.
The world is an org chart and Mousa is at the top. And he does not want. He requires.
Failure to comply — to meet a deadline or to show up on time — can spark a burning fury in the man. I can personally attest to this. It has dawned on me before that — usually amid some dressing down — Mousa was telling me how to do my job. He wasn’t doing that to be mean or — as a politician might — to generate good press. It’s simply his way: Sam knows best. That is often (in non-journalism matters, anyway) true.
I’ve sensed before that we were arguing about something simply because he likes to argue, and I suspect there’s a part of him that does.
The big question is whether Curry's chief of staff, Brian Hughes, is up to the job of replacing Mousa as the next chief administrative officer. Hughes and Mousa do share one trait: They can both be quick to volcanic anger. Mousa got away with this because he's well-respected and recognized as the most knowledgeable man alive about Jacksonville's city government. Hughes, to put it mildly, does not have this reputation.
There will be plenty of time to talk about that more in the coming weeks, though, and it's Friday. So let's move on.
NOPE NOTHING WEIRD ABOUT THIS: Investor behind proposed Berkman II delinquent in taxes in New Orleans project, by Christopher Hong.
The head of the Mississippi-based development firm behind the proposed Berkman II redevelopment project, which could receive up to $36 million in public incentives, has ties to a struggling condominium project in New Orleans that owes more than $200,000 in delinquent property taxes and $79,000 in unpaid debts to contractors, according to public records.
Lori Stewart didn’t lead the presentation given to Jacksonville City Council members about the plans to transform the half-constructed Berkman II tower that sits along the river on downtown’s Bay Street into a destination hotel and amusement park, and her name wasn’t listed as part of the development team described in that presentation. Instead, she is the leader of the primary financial backer of the project, the Stewart Family Trust, and the development company that acts as its public face, Barrington Development.
Barrington Development lists several Mississippi hotels and resorts among its track record of success and says it has big plans for others in Biloxi, Miss. and Pensacola Beach. Absent from the news releases and PowerPoint presentations about the project: the Lake Vista condominiums.
THIS SEEMS ILL-ADVISED: Suspended Councilwoman Brown Expresses Optimism About Her Upcoming Fraud Trial, by WJCT's Abukar Adan.
Suspended Jacksonville District 8 City Councilwoman Katrina Brown said Thursday she’s confident about her upcoming federal fraud trial.
On First Coast Connect With Melissa Ross, Brown called to show support for incumbent At Large Group 3 Councilman Tommy Hazouri’s reelection. She also talked about how she plans to defend herself against a 38 count federal indictment, which includes fraud and money laundering. Brown said she’s not concerned about the charges.
FINAL NOTE: The Daily Record's David Cawton will become the new spokesman over at the Jacksonville Transportation Authority, after covering Jacksonville city government and business development for the past two years. We wish him well.
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Email Nate Monroe at nmonroe@jacksonville.com. Sign up for Nate’s daily newsletter.