I hope the city council will monitor the lawsuits brought by the school board and the parents of crumbling schools to determine if Jason Gabriel gave them bad advice. If the city council will signal to the school board that they’ll put the school board’s referendum on our ballot, I assume the school board will resubmit it to the city council. Judge Wilkinson’s comments as quoted in a TU article:
Wilkinson said the school district has its own taxing authority and School Board. “Isn’t that a major division?” he asked. “Even the charter says its a separate body.” … “Which brings us back to the start of this,” Wilkinson said, arguing that just because School Board officers qualify as county officers doesn’t mean they’re subject to city control.
People elected the school board specifically to improve and monitor the public school system. The legislature nor the city council were elected with such a pin-pointed goal. Why do the city council and the legislature keep trying to usurp the authority of the elected school board?
Below are comments about Fischer’s J-1 bills. I would think the city council would be worried about this also. Does the Duval Delegation want to usurp the authority of the elected city council?
As of now, the below email outlines the gist of what I plan to say on November 1st at the Duval Delegation meeting which is:
Article VIII Section 6(e) says that Section 9 is no longer valid since consolidated Jacksonville has a charter. And that means that both versions of Jason Fischer’s J-1 bills have no authority. In order words, the Duval Legislative Delegation doesn’t have the authority to request that the state legislature change our city’s charter or put items on our city’s ballot. I have asked repeatedly what gives Jason Fischer the idea that he can ask the state legislature to put things on our city’s ballot or change our city’s charter. The only thing I have been told is that it is Article VIII Section 9. But Article VIII Section 9 is no longer valid since we have a charter.
I understand most people at the Duval Delegation meeting will be making the point that keeping the Superintendent appointed by the elected school board is best for our city. I agree with that premise,
However, I think the main danger of both versions of Fischer’s J-1 bill is that he thinks he can get the state legislature to change our charter and that Jacksonville is unique in that way.
———- Forwarded message ———
From: Susan
Date: Sun, Oct 27, 2019 at 10:32 AM
Subject: Please answer my simple question: Do you know what parts of Article VIII were changed in 2018?
To: <gibson.audrey@flsenate.gov>, <bean.aaron@flsenate.gov>, <tracie.davis@myfloridahouse.gov>, Daniels, Kimberly <kimberly.daniels@myfloridahouse.gov>, <cord.byrd@myfloridahouse.gov>, <clay.yarborough@myfloridahouse.gov>, <wyman.duggan@myfloridahouse.gov>, Voellmecke, Lenae <lvoellmecke@coj.net>
Do you know what parts of Article VIII were changed in 2018?
I googled and found this:
Senate Joint Resolution 5-2X proposed a new Article VIII, relating to local government … Revision No. 5, 2018, filed with the Secretary of State May 9, 2018; adopted 2018.
This is how Article VIII Section 6 begins
SECTION 6. Schedule to Article VIII.—
(a) This article shall replace all of Article VIII of the Constitution of 1885, as amended, except those sections expressly retained and made a part of this article by reference.
This is how 6(e) reads now:
(e) CONSOLIDATION AND HOME RULE. Article VIII, Sections 19, 210, 311 and 424, of the Constitution of 1885, as amended, shall remain in full force and effect as to each county affected, as if this article had not been adopted, until that county shall expressly adopt a charter or home rule plan pursuant to this article. All provisions of the Metropolitan Dade County Home Rule Charter, heretofore or hereafter adopted by the electors of Dade County pursuant to 3Article VIII, Section 11, of the Constitution of 1885, as amended, shall be valid, and any amendments to such charter shall be valid; provided that the said provisions of such charter and the said amendments thereto are authorized under said 3Article VIII, Section 11, of the Constitution of 1885, as amended.
I continue to posit that Article VIII Section 6(e) says that Section 9 is no longer valid since consolidated Jacksonville has a charter. And that means that both versions of Jason Fischer’s J-1 bills have no authority. In order words, I posit that the Duval Legislative Delegation doesn’t have the authority to request that the state legislature change our city’s charter or put items on our city’s ballot. If I’m wrong, please tell me why. I have asked repeatedly what gives Jason Fischer the idea that he can ask the state legislature to put things on our city’s ballot or change our city’s charter. The only thing I have been told is that it is Article VIII Section 9. But Article VIII Section 9 is no longer valid since we have a charter. If I’m wrong, please tell me why.
Thank you,
Susan Aertker
Unite Us Do Not Divide Us 