Gainesville City Commission adopts ordinance on first reading to put GRU governance on the November ballot
BY JENNIFER CABRERA
GAINESVILLE, Fla. – At today’s Gainesville City Commission meeting, the Commission voted unanimously on first reading to place a referendum on the November ballot that would return control of Gainesville Regional Utilities to the City Commission and eliminate the GRU Authority.
Before any presentation on the ordinance, Mayor Harvey Ward asked City Attorney Daniel Nee, “In the process of amending our Charter [to create the GRU Authority], the legislature could have inserted a clause into our Charter, precluding the City Commission and the people of Gainesville from amending this portion of our Charter, is that accurate?”
Nee responded that there is a provision in the City’s Charter, “a special act of the legislature creating the City of Gainesville and creating the City Commission as the legislative governing body over the City of Gainesville, that provides specifically for the ability for the electorate, through a referendum initiated by an ordinance of the City Commission, to amend the Charter… The legislature did nothing to disturb the ability to amend the Charter, and then bear in mind, this proposed legislative action that you have before you is not… designed to somehow amend [HB 1645].”
Nee continued, “This legislative act that you’re proposing doesn’t amend our Charter. It provides for a referendum whereby the electors could amend the Charter.”
In his presentation, Nee reminded the commission that according to the City’s Charter, six of the seven members must vote in the affirmative to approve an ordinance that creates a ballot referendum to amend the Charter.
Ward reiterated, “Again, the Commission is not deciding on how the utility will be governed. It’s giving the people the opportunity to vote on that, which is what I’ve been asking for since March of 2023.”
The proposed ballot language is below:
“SHALL THE CITY OF GAINESVILLE CHARTER BE AMENDED TO DELETE ARTICLE VII, ELIMINATING THE GOVERNOR-APPOINTED GAINESVILLE REGIONAL UTILITIES AUTHORITY AND ITS APPOINTED ADMINISTRATOR THAT MANAGE, OPERATE AND CONTROL THE CITY OF GAINESVILLE’S LOCAL PUBLIC UTILITIES, AND PLACING THAT RESPONSIBILITY WITH THE ELECTED CITY COMMISSION AND CHARTER OFFICER; AND ELIMINATING LIMITATIONS ON THE GOVERNMENT SERVICES CONTRIBUTION AND UTILITY DIRECTIVES, AS PROPOSED BY ORDINANCE NO. 2024-352?”
Public comment
During public comment, Scott Walker, who has served as a contract attorney for the GRU Authority for several months, said he “respectfully disagree[d]” with Nee’s conclusion about whether the current Charter precludes the City Commission from putting this on the ballot. Walker said he believed one important point was that the Authority provides representation to GRU customers who live outside the city limits, and he also thought the ballot language was “confusing” because it does not specify what happens to GRU’s CEO/GM if the referendum passes. Walker said the most important point is that the Charter states, “In the event that any City Charter provision, ordinance, resolution, decree, or any part thereof conflicts with the provisions of this article, the provisions of this article shall govern,” and his contention was that “passing an ordinance that is directly in conflict with this legislative act is rendering it an improper act.”
Although Mayor Ward typically does not interact with members of the public during public comment, he responded, “We’re giving direction to the ballot, not to the utility.”
Kiersten Ballou, who is an attorney in Walker’s office, said the office has three main concerns with the ordinance. She read from a section of the Charter that states, “The City and the Authority shall perform all acts necessary and proper to effectuate an orderly transition… to the Authority.” She added, “I think that everyone here can agree that we’ve had some issues between the Commission and the Authority.”
Ward interrupted her, “Can you be specific about that?… I’d love to know what this board has done that did not effectuate that change.”
“Our point of view is that the transition is not complete.” – Kiersten Ballou
Ballou responded, “Our point of view is that the transition is not complete… There are still things as minimal as IT services that haven’t been properly determined, what the City’s role and what the Authority’s role is in those agreements, all the way up to what the Charter Officers’ roles are regarding GRU and the Authority. And so I think that those are things that have not been properly transferred yet… Not to say that the Commission has done anything antithetical to that part at this point, but that we’re still in that transition period because of those issues.”
Ballou added that the provision about conflicting with Article VII (previously read by Walker) was “expressly built into Article VII as a provision which serves to prevent the Commission from exerting power over the utility… and therefore, an effort by the Commission to usurp that power back through the use of an ordinance, we believe, is improper under that specific subsection.”
Ballou said the firm’s third objection is regarding language about removing the CEO/GM position that they believe is “misleading and does not indicate to the public where the power… will rest. It says ‘with the Charter Officer,’ doesn’t indicate which Charter Officer, and seems to indicate that the General Manager’s position was just created by Article VII, which isn’t the case.”
Ward responded, “I would note once again that this ordinance provides directions to the City Clerk.”
“Let the voters decide.” – Janice Garry, President of the League of Women Voters of Alachua County
Janice Garry, President of the League of Women Voters of Alachua County, said, “Let the voters decide. During the 2023 legislative session, our voices were muted. Our authority over a department of our own city was taken away… It was State overreach, pure and simple… [If the ordinance passes,] the voters can have a robust discussion prior to the election. This is what democracy looks like.”
Bobby Mermer, Coordinator for the Alachua County Labor Coalition, asked all the Commissioners to vote for the ordinance “that will allow the people of Gainesville to have the final say over the governance… over our local utility that we should have had last year.” He said the arguments from the attorneys that the ordinance conflicts with the Charter used “stretched logic… to scared the Commission into believing that this is unlawful, but at the end of the day, this can be decided in court.”
Jeffrey Shapiro, who is a plaintiff in the lawsuit that resulted in the appointment of a new GRU Authority today, said “our legislators… should be acting on behalf of local citizens. Similarly, the Authority itself has not acted on behalf of local citizens and fully against the wishes of many local citizens, as stated in their meetings.”
Alex Hood said he was there to show his support “for home rule for GRU.” Nancy Deren similarly said she supported what previous speakers had said: “Give us a voice.”
Ward stopped her and said, “Let me ask you a question, if I might. I could be incorrect, but you live outside the city limits? And you’re a GRU customer? Do you feel as if this opportunity gives you representation?”
“Right now, I have no voice as a county GRU customer because the Authority doesn’t have to listen to anybody, and they don’t… I can come before you… and I can speak up, I can ask questions. I can’t go to the Governor and ask him these things.” – Nancy Deren
Deren answered, “Absolutely… I was a city resident until just very recently, and I still own property in the city, so I am still affected by what goes on… Right now, I have no voice as a county GRU customer because the Authority doesn’t have to listen to anybody, and they don’t… I can come before you… and I can speak up, I can ask questions. I can’t go to the Governor and ask him these things.”
“Like everybody in Alachua County, I have no say over at the GRU Authority board; only one person does, and that’s Ron DeSantis, and I don’t think he cares what we think.” – Tyler Foerst
Tyler Foerst said he is a “GRU customer outside the city limits, and like everybody in Alachua County, I have no say over at the GRU Authority board; only one person does, and that’s Ron DeSantis, and I don’t think he cares what we think.” He said the North Central Florida Central Labor Council also supports the referendum “so that the citizens of Gainesville can decide for themselves what they would like, instead of being dictated to by Chuck Clemons and Tallahassee.”
Ward asked Foerst, “Just to be clear, you don’t live in the city limits, and you are a GRU customer?” Foerst responded, “Correct.” Ward continued, “And you feel as though you can speak to us and have an impact on the decisions we make.” Foerst replied, “I’ve talked, I believe, to each of you individually, and you have never given me the cold shoulder. I can’t vote for you, but I’ve always been able to have my concerns addressed.”
Maryvonne Devensky from the Suwannee St. Johns chapter of the Sierra Club asked the Commissioners to support the ordinance. She said she thought it was “unfair… to have a board decide – and especially if they don’t seem to be experts on utilities and finances – to reduce the debt, and they don’t seem to be concerned about the social issues implicated here.”
“[The GRU Authority board]… is dysfunctional… They haven’t accomplished anything because they’re tripping over their own feet, so I was very pleased to find out that they resigned.” – Chuck Ross
Chuck Ross also supported the ordinance because “this board… is dysfunctional… They haven’t accomplished anything because they’re tripping over their own feet, so I was very pleased to find out that they resigned. I’ve always believed that this is an unconstitutional board… They don’t answer to anybody.” He said they don’t even answer to the Governor because his only power is to “remove them and appoint them.”
Ward said to Ross, “You’ve been here, spoken to us many times on a variety of issues… We haven’t always agreed on everything… but we’ve always given you the full three minutes and sometimes more, in conversation. Would you agree with that?”
Ross responded, “You’re somewhat flexible, I wouldn’t give yourself too much credit. I always try to make sure I keep it within three minutes, if you’ve noticed.”
Ward said, “I think it’s important to draw that distinction that we don’t always agree with everybody who comes up to the lectern, but everybody gets their time to be heard.” Ross agreed that was “correct.”
Eastman: “I have never seen the kind of outpouring of support for anything”
After public comment, Commissioner Bryan Eastman remarked on the “incredible coalition” of people who had asked them to move forward with the ordinance: “I have never seen the kind of outpouring of support for anything as I’ve seen very quickly coalesce and move forward, just asking for us to give you the option as to how to move forward with GRU.” He said he trusted staff to “touch all of our bases” with the ballot language.
Commissioner Ed Book said the vast majority of the feedback he’s seen has been “in favor of at least allowing the voters to decide the matter.” He said it’s helpful to have additional legal opinions “because it allows us to think openly and make sure that we have the most solid ballot language if we end up voting for this.”
Book asked Scott Walker for clarification on the perceived conflict with the City Charter “because in my estimation, there’s a very large distinction between taking an action that is direct and impacts, for example, a different entity in the City.” Walker replied that passing an ordinance that could affect the GRU Authority “is contrary to the intent in the plain reading of the language, which … says, paraphrased, that you will not pass any ordinance that contravenes this Special Act of the legislature.”
Book tried again, “That analysis does not say that we cannot put a referendum on the ballot. It says that if we were to pass an ordinance [after] that ballot language, depending on what occurred, would be the challenge to HB 1645?”
Walker said the nature of the question is, “Does this act of placing this on the referendum contravene the spirit, intent, the plain language of the Act?” He said Nee believes it doesn’t, and he believes it does.
Book asked Walker what he believes is misleading in the ballot language, and Walker said it was the language about removing the General Manager: “I’m not sure what happens to the General Manager.”
Ballou added that it’s “vague and misleading in so far as it really sort of calls into question how the elimination of the role of GM occurs because Article VII is repealed… The ballot language doesn’t actually reflect the impact of deleting Article VII… The GM existed prior to Article VII. Deleting Article VII, in our estimation, does not then mean that the GM no longer exists as a position, so the ballot language is not reflective of the change that will occur, should the Article be deleted.”
Book suggested that Walker and Ballou write “clear ballot language, exactly as it should be,” and email it to the Commission and the City Attorney.
Commissioner Casey Willits said that if the legislature wanted to “preclude the ability for us to continue to change, for the voters to change our Charter, the legislature would have to change general law to somehow have a carve-out, right? In a local bill, they can’t prevent us from, the voters, from ever changing the Charter in the future.” Nee said that wasn’t exactly correct, but the City’s Charter provides the mechanisms for changing the Charter.
“Put up or shut up about what is unclear… But I do know that in future sessions, it will not be Chuck Clemons and Keith Perry you can go to, to try to jam a law into Gainesville’s Charter; you’ll have to find someone else. Hopefully not as many people will be willing to do that for you.” – Commissioner Casey Willits
Willits also believed the language was clear, “and with no disrespect to anyone in the room, I don’t think it takes a lawyer to identify what it will be removing.” He also encouraged the public to “help us pick the words if you think that it is unclear… Put up or shut up about what is unclear… But I do know that in future sessions, it will not be Chuck Clemons and Keith Perry you can go to, to try to jam a law into Gainesville’s Charter; you’ll have to find someone else. Hopefully not as many people will be willing to do that for you.”
Motion
Eastman made a motion to adopt the ordinance to put the measure on the ballot on first reading, and Commissioner Cynthia Chestnut seconded the motion.
Ward said he wanted to “reiterate once again that the legislature could have had every opportunity when they amended our Charter to very specifically preclude us from amending this part of the Charter. They chose not to do that… I have to assume that they made a conscious decision not to do that, thereby offering the people of Gainesville the opportunity, as it has always been.”
The motion passed unanimously on a roll-call vote.
The second reading will be at a Special Meeting next Thursday, May 23.
These a_hole corrupt city commissioners continue to put their grubby greedy dirty hands in the till. They continue to try to steal our money. I really dislike demonrats. What happened to them?
As the back-Ward Mayor of Gainesville, it is my job to keep my weight on the citizens and make sure that all the power remains with me and the rest of my minions (aka: fellow commissioners). You commoners must understand that we would never give you any power. Just like the county with the single member districts, we know you underlings and commoners are not smart enough to make your own decisions and when you do, me and Kenny Corn-hole will simply override them. Much like I used my veto power to eliminate healthy options from my daily donut buffets, I have used the same power and will be able to get my pudgy hands back in the GRU cookie jar. UUUMMMM, cookie jar, I just made myself hungry I got to head to the donut buffet.
Your claim of corruption is BS unless you can offer proof of malfeasance and personal enrichment. Disagreeing with political positions does not imply corruption on the part of your opponent without evidence.
However, one party to this fiasco – Sen Perry – is corrupt and did receive illegal campaign funds to illicitly squeak out his win in 2018 and it was from Fl Power & Light which may have designs on GRU. He’s acted as their tool since, so do the math on that one.
https://www.miamiherald.com/news/politics-government/state-politics/article264196761.html
OMG!
Cut and paste, same sh$t, different day! DeSantis, Perry, Clemons bad! AC/GNV Dems Good!
Must make for a boring day, even if the repeated response makes it easy to comment!
Your fealty to the Democratic Party is certainly on display with each post!
I’ll take your content free comment as agreement on the facts I stated.
Of course they did.
I’m waiting for the meeting between the City Commission and DeSantis’ new Board…especially when Harvey’s head explodes or his heart stops.
Doesn’t hurt to hope.
Is anyone surprised the the GNV CC is simply following the lead of the AC BOCC (trying to overturn the Single Member District outcome)? This is all from FJB’s Democratic Playbook, keep the people (dead or alive) voting until you get the outcome you seek! GNV CC brings in the same agitators and activists the AC BOCC does! Paid political “advisors!”
What isn’t surprising is that the AC Republican Party has no comments to all this Democratic Party slap down! Weak as SH*T! If you can’t put someone on the ballot to change things, shut up and peddle! We need a local version of Kennedy!
There is enough Republican and Independent voters in AC to vote in favor of the people’s will, but they need someone to lead, and someone to vote for!
There are 73,663 registered Democrats, 45,008 registered Republicans, and 39,174 “others” according to Alachua SOE Web site. Looking at the list of registered voters, the “others” are comprised of parties such as Communist, Green, ECO, LPF, PEO, NRS, PSL, and NPA
Jenn Garrett, a Republican is running for County District 3. Raemi Eagle-Glenn, a Republican, is running for State House district 22. Sheriff Gainey, a Republican, is running for office.
Judith Jensen, a Republican, is running for Alachua Supervisor of Elections. Over 11 percent of her petitions were rejected by the incumbent’s office, Kim Barton SOE. Judith is short by 70 petitions needed to be on the ballot (deadline passed). She needs $10,000 dollars to pay to be on the ballot.
Don’t complain about local Republicans are not running for office. There are good local Republican candidates spending their own money.
Try running for office yourself and make a difference locally instead of complaining anonymously behind the keyboard.
The problem is not a lack of Republican candidates, but rather lazy Republican voters who don’t get off the couch to vote, or help the candidates, door knock, sign petitions, make phone calls, watch the polls and other duties to make a difference.
Boo Hoo! So your AC Republican Party doesn’t know how to energize voters, even in their own party! Just mirrors the National Trump Party of crying in their beer! Get over it, and him!
Want to get rid of the current AC BOCC/GNV CC? Get people to face them and debate them! They are committed to spewing the FJB party line (financial slavery anyone?), so force them into a one on one! Yes, this forum will not solve any problems in AC/GNV! Just an opportunity to vent about what could be with a strong candidate!
I am sure your ABC list of parties leaves more than enough NPA to change things if the Republicans can convince them change is needed and it would be better if they were in charge! Don’t bring Donald Trump along with them, he is not a friend of the normal taxpayer, although we did have extra money and security with some of his Presidential actions! Need someone new!
Instead of telling me who is running for office, put their face on the side of the road, put them in debates with the FJB candidates! Quit sending me text messages for Eagle-Glenn, and put her out in the crowds! If Ms. Jensen is being blocked by the Dems, prove it in court! Otherwise, give her the $10K to run! Actually, I’ve never heard of her either, so put her face on the billboard and her goals!
And by the way Bear, Kennedy would be a huge improvement on either FJB or Trump! I don’t know, Haley, give me Andrew Yang, or Tulsi Gabbard even!
Mirror: we’re loaded up with commies around here who want free sh!t and local government has been infiltrated with Marxists who want to implement UN Agenda.
The dems love drinking their kool aid from their paper straws. Dream on!
I hope you are not talking about Robert Kennedy Jr.
Only two GCCs have business experience, is that right?
When the 3% voters elect non-profit networkers, this is what we get.
DeSantis should look into consolidating the unincorporated county with the city, so the voters are more in line with reality.
DeSantis has received government paychecks his entire life except for less than 1 year as a teacher at a private school. Cut the crap.
Guess given his age, he’s collected far fewer of those government paychecks than Biden.
DeSantis did serve in the military at least.
You may want to cut your crap.
I’m not the offering a blanket denunciation of political leaders purely for lack of business experience, so your comment is irrelevant.
So are you, but then again, what else would we expect from someone who has obviously pledged fealty to the liberal lunatics? Purely rhetorical, don’t bother answering.
By the way, still waiting on how you dealt with those employees who didn’t follow your rules.
Jazzman,
What’s your point? My husband received government paychecks for 35 years. Three of those years was in the Army. Checks he EARNED by providing a service in which he was paid. It wasn’t a handout. Leave DeSantis alone. If you can do better then run fir governor.
My point is that realJK’s standard fits our Governor.
I agree with him on consolidation of the County with the City.
Yeah, he’s still sore about Andrew Gillum. So is Andrew.
It’s all politics. They are going to do whatever they think they can to keep it the way they want it.
You can say that about either party.
When you live in Crimesville run by a vast bunch of clowns, you are in deep doo doo. If you are a conservative, you are greatly outnumbered by demonrats. That population is not getting smaller. Just growing. Your money and your lifestyle will continue to be overtaxed and overcharged while you will need to worry that your car will be highjacked or you will be robbed or shot dead in the Publix parking lot going to get groceries for your dinner. Not to mention all the unsightly homeless camps with your elected officials either using their positions to divert public funds for which they receive a back door benefit or sitting on the board. Face it. It is an environment of rampant corruption. Unless you are in that den of thieves, you will be screwed. It is only a matter of time until something very bad happens to a FU student with all the crime in the streets and maybe then there will be a larger spotlight from the nation on what a dump it is. If you can, you should leave. Sad but it will take something like that to force change. Think Athens and Laken Riley. Especially with Poe angling to get paid to bring illegals there by the busload. That cesspool will just get bigger and stinkier until it implodes.
An organized circumventing of the law is called racketeering. Arrest those commies‼️
Actually, as much as I don’t like this.
It is legal and a natural reaction from the city. They told us they would do this.
This gets solved one way or the other in November.
Thanks to Jennifer for this long, thorough, and fair recounting of this meeting – typical for her.
I agree with:
“Janice Garry, President of the League of Women Voters of Alachua County, said, “Let the voters decide. During the 2023 legislative session, our voices were muted. Our authority over a department of our own city was taken away… It was State overreach, pure and simple… [If the ordinance passes,] the voters can have a robust discussion prior to the election. This is what democracy looks like.”
Is Garry with LWV or the DEC? Its hard to tell because they walk in lock step.
The discussion has already happened. It went something like “We want to keep ripping off the county residents as long as we can, right?” Answered with a resounding “You bet!”
You sir…. Definitely out of your mind.
Alachua county residents should be exempt from the city of Gainesville power plays to funnel money from county tax payers… Absolutely robbery
This is more confusing than the federal tax code.
This clown show is a direct result of the partisan tribalism that is tearing our nation apart. Is GRU run ineptly by single-party Democrat rule, wasting millions on “green energy” debacles and pillaging GRU revenue to fund unsuccessful utopian schemes? Obviously, yes. Are Republicans in the state legislature treating these inept/corrupt Democrats differently than inept/corrupt Republicans in other counties because of tribalism? Obviously, yes.
The easy solution to the GRU abuses was to treat it like all other for-profit utilities in Florida and put GRU under the Florida Public Service Commission for 5-10 years until GRU got its fiscal house in order. Rather than using a special, politically-appointed board destined to fail because of lack of knowledge and political pushback, GRU would’ve been regulated by an existing agency that knows the utility industry. Clemons couldn’t do that because such a precedent might make poorly-run Republican-controlled municipal utilities vulnerable to the same fate. Looking out for these tribal interests makes Clemons’s bill for the GRU Authority seem petty and vindictive.
The same can be said of the single-member districts for commission seats in Alachua County. Single-member districts should be the norm for ALL elections in a representative republic, but Clemons and Perry couldn’t do that because there are Republican-controlled commissions that use at large districts. This allows our local bodies to engage in what-about-ism as they point out the inconsistency in the policies form Tallahassee. They get to ignore the principled arguments about GRU and single-member districts because the Republicans in Tallahassee aren’t applying principled arguments. Everything devolves into party politics to acquire and maintain power, and our communities suffer. It’s always the peasants who suffer when the feudal lords squabble.
And so, the partisan-fueled bread and circuses continue to divide the citizens who are more concerned about cheering for their team rather than promoting principled arguments to objectively improve quality of life in our community.
I agree clowns.
“Eastman: “I have never seen the kind of outpouring of support for anything””
He’s full of crap. Nearly every supporter or commenter was a union rep or activist organization rep. It is their job to lobby for free handouts…they are literally paid to show up and cry and beg. How disingenuous to act like regular rate payers were outpouring with support.
I hope the Greaserman read Belarski’s response to the mistruths this Failed and Fired GCC utter with no embarrassment or accountability. Get ready Wokesville. The $68 million you took from GRU has not been swept under the rug. Time to pay up is coming home to roost.
So….if county GRU customers can’t vote on this one what about getting one on the ballot we can vote on. How bout a referendum that grants them the right to switch to another utility who won’t overcharge us to conduct a social agenda we don’t agree with?
I agree!! Ward is overreaching to County GRU forced customers … Clay Electric is right down the road we need that on our county ballot!
Any City of Gainesville Voter or the GRU Authority can and should sue the Supervisor of Elections to keep this illegal referendum off the ballot all together. This was done by the same cult with the 2018 Perry GRU referendum.
Wait, you mean the Senator Perry who received $100k in illegal money from Fl Power and Light that year so he could squeak by by 2k votes – the $100k was used to help a unserious 3rd candidate siphon votes from his opponent, and he received 4k votes. Do the math dummy – you have no standing to call something illegal and then use Perry and GRU in the same breath.
Another orchestrated meeting by a failed and fired commission. And of course the same old same old embarrassing cheerleaders that grovel at the feet of any democrat around. Who in their right mind would want to turn over the reins of a Utility they bankrupted , to the people that just bankrupted it? Not a well educated support group. The new board needs to take the gloves off and hold accountable the suspect individual’s that created and own this financial chaos everyone else is paying for but them.
GRU is not bankrupt and has a credit rating of A. It was A+ before the genius Clemons and his state lackeys started the hostile take over.
With your toxic Sierra Club COG Biomass Plant worth pennies on the dollar, of course they are. It damn sure isn’t worth 1.8 Billion Dollars. Maybe 10K? Ask Austin Texas!
Hold the presses! Captain Shad disagrees with the credit ratings. Hopefully he doesn’t have a mortgage, or he might be hundreds of thousands in debt and “bankrupt”.
This farce will allow non-gru customers to vote, while
many customers will not have the opportunity to do so. The mayor and city commission should be prosecuted for attempting to rig an election.
Most Gainesville residents did not get a chance to vote in the elections of Clemons and Perry, the tools who set up this takeover.