Bill to prevent mayor from spending private money in drafting after monument removal

JACKSONVILLE, Fla. — Jacksonville’s City Council President is seeking answers after Mayor Donna Deegan green lit the removal of the city’s prominent Confederate monument.

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According to a 17-page opinion drafted by the Office of General Counsel, Mayor Donna Deegan had the rightful authority to remove the Confederate monument in Springfield Park.

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It explains her executive position gives her control over city parks and by using private funds, she didn’t need city council to approve the spending.

“It’s a separation of powers issue. You’re not asking the council for the funds. You’re privately funding it and so you can do it,” said Deegan.

Related Story: Jacksonville’s last major Confederate monument is gone, but some lesser-known ones still remain

But there is one area that appears legally grey.

It concerns whether the monument was a “contributing structure” to the Springfield Historic District.

If so, the monument would be subject to special protections, requiring any removal to go through an approval process that could be appealed to city council.

The Office of General Council took the position the monument was not a contributing structure, but it’s a position Council President Ron Salem (R-Group 2 At-Large) finds questionable.

Related Story: ‘This was the big one:’ Mayor removes Jacksonville’s last prominent Confederate monument

“There’s precedence there for any work done in that park go through the historical society,” said Salem.

According to the General Counsel’s opinion, the Deegan administration could theoretically face fines of at least $100 a day if it were determined the monument was improperly moved, but they concluded the likelihood that would happen is very low.

Salem said he’s not interested in re-litigating the monument itself, but he’s asked the General Counsel to clarify its opinion in various ways to help define what the limits are on the mayor’s ability to leverage private funds.

“For example, could the mayor raise private dollars and take down the Charlie Bennett statue in James Weldon Johnson Park? What’s the difference?” said Salem.

Related Story: Jacksonville, Florida, mayor has Confederate monument removed after years of controversy

Salem added he’s working on a bill set to be filed next week to prevent council from being cut out of any spending decisions in the future, even if the money comes from private donors.

“I want to make sure that any money spent goes through the city council. That’s our job,” said Salem.

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