EDUCATION

City lawyer stands by school tax stance

General counsel rejects School Board legal team's demand to rescind referendum opinion

Emily Bloch
ebloch@jacksonville.com
W.C. Gentry  — who along with attorneys Scott Cairns and Hank Coxe — represent Duval County Public Schools pro bono in its fight for a half-cent sales tax and sent General Counsel Jason Gabriel a letter, calling for him to “immediately withdraw” his legally binding opinion on the City Council’s level of oversight on such a vote. [The Florida Times-Union/Gary T. Clark/File]

The Duval County School Board's legal team object to the top city attorney's opinion that only the City Council has the power to place a referendum on a ballot — but he's not budging.

W.C. Gentry, Scott Cairns and Hank Coxe — who represent Duval County Public Schools pro bono in its fight for a half-cent sales tax — sent General Counsel Jason Gabriel a letter Friday, calling for him to “immediately withdraw” his legally binding opinion on the City Council’s level of oversight on such a vote.

“Just as you agreed that the Council cannot modify the School Board's Capital Plan, the Council cannot hold a Resolution hostage from placement on the ballot to exact concessions unrelated to the crisis confronted by our public-school children,” the letter said.

It closed with the lawyers requesting Gabriel advise the City Council “that it is obligated to place the matter on the ballot and place it on the ballot as soon as reasonably possible,” by Monday morning.

Monday morning, Gabriel responded, telling the lawyers his mind hadn't changed.

"General Counsel Binding Opinion 19-03 remains in full force and effect," Gabriel wrote in a response letter. "Further, consistent with Jacksonville City Council Resolution 2019-598-A, we have requested an official opinion from the Attorney General."

At a City Council meeting Aug. 13, Gabriel invited the council to ask Florida Attorney General Ashley Moody to weigh in on the debacle. The council approved that request — which could result in a statewide advisory opinion covering all Florida school districts.

The letter followed a week of drama regarding the potential half-cent sales tax referendum for school maintenance.

TIMELINE | Proposed half-cent sales tax for Duval schools

Following a three-hour meeting that discussed who has authority to place the sales tax on a city ballot, a circuit court judge determined that while the Clay County school board can determine if a referendum goes to ballots, its City Council can determine when.

Still, Gabriel said the next day that the ruling didn’t affect his binding opinion.

“There is nothing mandating a different conclusion,” Gabriel told City Council and School Board members.

Gentry, Cairns and Coxe disagree.

“You have advised the City Council directly contrary to the ruling of the Circuit Court,” the letter to Gabriel said. “We respectfully insist that you comply with the Charter of the City of Jacksonville. ... The letter and intent of the Charter requires that you withdraw your Opinion that the City Council may ignore the Resolution and immediately advise the Council that it has a legal duty to place the Resolution on the ballot.”

The legal trio revealed in its letter that they met with Gabriel and City Council President Scott Wilson.

“In that meeting you assured us that you would advise Resolution,” the letter said. “The recent decision of the Circuit Court reaffirms Florida law that the City Council cannot meddle with the business of the School District or seek to impose its own designs on a School District's plans.”

In his response to the legal team, Gabriel referenced a memorandum the trio sent over, stating that the City Council had no oversight.

"Of course, [my opinion] is not the only legal opinion rendered on the subject. You and your colleagues were kind enough to provide us a 15-page memorandum which argued that the City Council possessed no discretion whatsoever and, therefore, had a ministerial duty to call a special election," Gabriel said. "To the extent Judge Whittington’s Order, to borrow your phrase, 'has debunked' a legal opinion, it is the one you, Mr. Coxe and Mr. Cairns authored on August 16, 2019."

On Tuesday, the referendum will face the City Council’s finance and rules committees. The last time the bill was addressed in committee meetings, it was deferred.

Read Gentry, Carins and Coxe's full letter:

Read Gabriel's response letter:

Emily Bloch: (904) 359-4083