School board tries to determine next step in fight for sales tax referendum

Board votes to seek outside counsel depending on outcome of meeting Wednesday

JACKSONVILLE, Fla. – The Duval County School Board held an emergency meeting Tuesday to try to determine its next step in the fight for a half-cent sales tax referendum.

The school board members in attendance voted 5-1 to seek outside counsel if they don't get what they want in a meeting Wednesday with Jacksonville's General Counsel.

During the hourlong meeting Tuesday, the discussion centered on whether the school board even has the authority to hire independent legal representation.

Board members also weighed in, partly on the continuing discussion about whether the half-cent sales tax proposal can even make it to the ballot this fall. 

"Again, there is no ballot in 2019, so the board has requested City Council to put it on a special ballot that there's obviously no appetite in City Hall to do that," School Board member Charlotte Joyce said. "So ... 2020 would be the next general election."

"I'm growing more and more concerned that it's bigger than just a date," School Board chairwoman Lori Hershey said. "I feel that it's my responsibility as a constitutional officer and what we were sworn in to do and to uphold our responsibilities that it now, at this point in time, for us to take a stand."

Board members heard from their attorney that if they approved the motion to seek independent legal counsel, it would be invalid, according to the consolidated government’s charter. They amended their vote to say they’ll look for independent legal help depending on the outcome of Wednesday's meeting between Hershey and General Counsel Jason Gabriel. 

"I just want to make sure that we are not burning bridges, that if we go into a meeting tomorrow with Mr. Gabriel, that we can still be productive," said School Board member Elizabeth Anderson.

"If there's a conflict, then this body has a responsibility to seek an additional opinion and we can't do that without asking the same person that issued the opinion that doesn't want to see his opinion reversed," said School Board member Warren Jones.

The board believes there is confusion over the role of the City Council as defined in the statute that calls for the City Council to put the sales tax referendum on the ballot. It hopes to clear up that confusion.

The half-cent sales tax proposed by the board would help pay for an estimated $1.9 billion in repairs and renovations at public schools in Duval County.


About the Author:

Kent Justice co-anchors News4Jax's 5 p.m., 10 and 11 p.m. newscasts weeknights and reports on government and politics. He also hosts "This Week in Jacksonville," Channel 4's hot topics and politics public affairs show each Sunday morning at 9 a.m.