Jacksonville's general counsel ruled that a 29% rate increase for Meridian Waste was invalid. | Meridian Waste
Published on January 28, 2025 at 10:46 am
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Meridian Waste is threatening to take legal action against the city of Jacksonville over a contract dispute.
It all started when the City Council passed a bill that gave the trash hauler a 29% financial increase on their contract with the city.
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That measure was vetoed by Mayor Donna Deegan, who had warned the City Council that her office supported only a 5% increase, which would be in line with the escalator in Meridian Waste’s current contract.
Then, the City Council voted 14-4 to override Deegan’s veto and go ahead with the 29% increase.
That’s when Deegan called in General Counsel Michael Fackler.
The question was whether the City Council had violated the separation of powers outlined in the City Charter when it approved the amended contract.
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Fackler’s conclusion was that the City Council had likely complied with the city’s ordinance code, which gives the council the authority to set rates for residential garbage contracts when they are up for review.
But, he added, the provision in the code that gives that power to the City Council “violates the principle of separation of powers explicitly stated in the Charter under these specific facts.”
That makes the ordinance invalid, Fackler wrote in his legal opinion.
The argument from the mayor’s office is that the city council can allocate funds but it’s the executive branch’s role to decide how to spend those funds.
“For the reasons noted above, I conclude that this Ordinance allowing Council to appropriate and spend money in the same step, over the Mayor’s objection, violates the Charter’s separation of powers prohibition, under these specific facts,” Fackler wrote.
That means the 29% increase for Meridian Waste is unlikely to go forward, and the company is now prepared to take legal action.
But if the code giving the council the power to amend contracts violates the city’s charter, what does that mean for other city contracts approved by the council?
Not much, Fackler explained.
He wrote that even if a city contract was settled under the code provision that violates the separation of powers, the contracts — and any future contracts decided in the same way — are still valid.
The issue, he said, was that one branch of Jacksonville’s consolidated government believed its power had “been infringed upon.”
He said the issues have to be addressed on a case-by-case basis if they’re raised by any branch of the consolidated government.
Deegan remains firm in her support for the 5% increase and has expressed a willingness to continue discussions with Meridian Waste.
She previously noted the city has no issues with Meridian’s operations and described the services provided as a “fantastic job.”
“We don’t have any problem with that,” Deegan said. “We’re prepared to honor the contract.”
Despite the potential legal battle, the city’s trash collection services are not expected to be disrupted.
This story was produced by News4Jax, a Jacksonville Today news partner.
