Council President Ron Salem listens to Jacksonville General Counsel Michael Fackler respond to Salem's line of questioning during a special meeting at City Hall in Jan. 2024. | Casmira Harrison, Jacksonville Today
Published on January 30, 2025 at 5:26 pm
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The Jacksonville Bar Association is defending Jacksonville General Counsel Michael Fackler after City Council members introduced a resolution Tuesday expressing no confidence in his ability to serve the city as an “independent, unbiased General Counsel.”
The Bar Association, which represents thousands of lawyers across Northeast Florida, says, “It is disappointing to see councilmembers condemn our city’s lawyer because his legal advice has not comported with their agenda,” and said the resolution against Fackler does not make “any indication that he did not exercise his independent legal judgment in good faith.”
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Council members Ron Salem and Rory Diamond introduced the resolution following Fackler’s binding legal opinion this week that the 29% pay raise the council approved for a city trash hauler was in violation of the city charter. It wasn’t the first time the council members disagreed with his opinions or advice.
The resolution lists several instances when they believe “Fackler has failed to adequately represent” the city government since the council approved his appointment in late 2023.
In Dec. 2023, Fackler gave Mayor Donna Deegan the legal green light to remove a Confederate monument from Springfield Park without approval from the council because it was funded by private donations. Council members criticized the decision to bypass them, calling the removal executive overreach.
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Many also disagreed with his opinion that no certificate of appropriateness was required to remove the statue even though it was located in a historic district.
The resolution calls the incident a “usurpation” of the council’s authority and claims the action was in violation of the separation of powers laid out in the city charter.
Fackler’s opinion wasn’t unanimously backed by everyone inside the Office of General Counsel. Jason Teal, who served as general counsel under previous Mayor Lenny Curry and now holds another position in the office, disagreed with the decision. In Teal’s opinion, a certificate of appropriateness was required for the monument to be removed.
In both the situation with the monument and the ongoing debate over the Meridian Waste pay raise, Salem and Diamond’s resolution says Fackler showed too much preference for the mayor’s wishes and allowed her to abuse her power by bypassing them.
The resolution also points to high turnover in the city’s legal office and blames Fackler’s management for causing other knowledgeable attorneys to resign. Two, Lawsikia Hodges and James Millard, left on the same day last March.
The bill also says that consultations with anonymous former employees and “distinguished members of the legal community” supported the conclusion that Fackler is incapable of doing his job. Meanwhile, the Jax Bar Association says Fackler “enjoys the respect of the Jacksonville legal community and has earned his reputation as a highly skilled lawyer.”
The resolution heads to the Rules Committee on Monday.
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