Jacksonville.com

Grand Jury Investigation

A Times-Union report in June documented dozens of meetings about public business held without public notice or written minutes and several meetings in private places, a violation of the city's ethics code. It also uncovered a deeply flawed system of notifying the public of meetings. The grand jury is now investigating the notification and documentation.

Blog by Beth Kormanik

Thursday, October 18, 2007

Done for the day

Jones, who said she came voluntarily, left with attorney Stephen Dobson around 2:15. I may have forgotten to mention that Shad also came voluntarily, not by subpoena.

The grand jury broke just moments later. Someone asked about possible outcomes of this investigation. They can issue indictments, do nothing or write a report of their findings called a presentment.

Officials who violate the law can be removed from office, jailed for up to 60 days and fined up to $500 for intentional violations. They also could face civil lawsuits in which votes they have taken can be overturned.

Earlier this week I read a story out of Tennessee about elected officials conducting business in private. A judge there removed them from office. Read more here:

http://www.knoxnews.com/news/2007/oct/06/judge-tosses-12/ <https://webmail.morris.com/exchweb/bin/redir.asp?URL=http://www.knoxnews.com/news/2007/oct/06/judge-tosses-12/>

Not the paparazzi

Rohan left, declining comment other than "It's a pleasure to perform my public service." He came under a subpoena.

Councilwoman Mia Jones came around 1:40. I tried to speak with her, but she went straight into the grand jury room. I realize council members and other witnesses aren't thrilled to see the media, but this isn't exactly the paparazzi gaggle Britney Spears deals with when she shows up for a custody hearing.

What's your reaction?

OK, so only one person has left a comment so far. I know more people are reading than that, and I know you have opinions on this stuff. Here's how you do it: Click the link below each posting where it says "0 comments" or "1 comment" and you'll go to a page where you can type your thoughts. Let's hear them.

Keeping up with the council

Shad left at 12:30 p.m. with his attorney.

The grand jury investigation is not the only thing to come from the Times-Union sunshine story. The council has made several changes in how it conducts business, including posting all public meeting notices online. You can find them here:

http://apps.coj.net/CouncilPublicNotices/MembersWithMeetings/ShowMembersWithMeetingsTablePage.aspx

Not the most easy-to-navigate site. Click the magnifying glass to see the meeting for a particular council member. If you want to see meetings listed by date, go to the "MEETINGS" link at the top of the page, or click here:

http://apps.coj.net/CouncilPublicNotices/Meetings/ShowMeetingsTablePage.aspx)

You'll have to click back a few pages to get to more timely meetings... unless you're really curious about committee meetings scheduled in December.

Juicing up

Third plug for a new courthouse: Can you say 'technology upgrade'? My laptop battery died, so it's been awhile since my last post. Here's what happened: Councilman Art Shad arrived at 11:45, with his attorney. Shad came informed - he said he had checked in on this blog.

Fussell left about 15 minutes ago. He declined comment.

Now back to technology. There is one outlet in the main hallway, and it's not working. I'm juicing up at another one way further down the hallway. The courthouse also is notoriously bad for cell phone reception.

Investigation far from finished

A judge has approved extending the grand jury by 90 days. Foreman George Schulz and Shorstein requested the extension through Jan. 31. They cited the complexity of the investigation into possible Sunshine Law violations and the review of city contracts. The grand jury started its work on May 14 and originally was supposed to wrap up Nov. 2.

They're still coming

Council Vice President Ronnie Fussell arrived at 11:05 a.m. with two people, presumably his attorneys. He shook hands with both Pemberton and me. Five minutes later Hyde left the grand jury room with attorney David Wells. Fussell's testimony could be interesting. We didn't have much to go on during our investigation, and here's why: His aide threw away all but seven months of his calendars, a violation of state guidelines on document retention. They are supposed to be kept for at least a year. Fussell told us that the mistake was unintentional.

Revolving door

Must be getting crowded in there. Deputy General Counsel Steve Rohan just came in, solo, pulling a large briefcase. Thanks to photographer John Pemberton for catching this one while I was momentarily away. Rohan is the head of the Legislative Affairs Department, which means he offers legal advice to council members and drafts bills. He also has served as the city's ethics officer and trained the council members on how to follow the Sunshine Law.

'City Hall west annex'

Hyde is testifying right now. He was the council president during much of the 18-month period we investigated for possible Sunshine violations. His calendar was the one that called the Fox diner in Avondale "City Hall west annex." Hyde's calendar also contained a number of entries labeled "client breakfasts" or "client meetings" that actually turned out to be meetings with other council members. Hyde has said that was simply to indicate they were discussing non-city business.

Inmate crossing

Second plug for a new courthouse: Better security. A group of 17 inmates - 15 men and 2 women - chained together just walked past me in the narrow hallway. One man asked how I was doing. The police kept order and kept them moving, but the atmosphere is zoo-like with the inmates trekking across the floor, people coming on and off the elevator and attorneys and their clients all in the hallway together.

More comings and goings

Richard Clark left the grand jury room around 10:20 a.m. with his attorney, David Barksdale and did not stop for questions. A few minutes later, former Councilman Lad Daniels arrived on the third floor with his attorney, Peter Antonacci. Daniels is a former council president who recently lost a bid for the Florida House. His consultants blamed the loss in part because of the Sunshine investigation and the fact that Daniels initially said he expected taxpayers to pick up his legal expenses.

No charges for Jabour

I saw State Attorney Harry Shorstein and asked about another City Council matter - a judge voiding Councilman Jay Jabour's election because he lived outside of the residency boundaries for his seat. Shorstein told me that he would not pursue an investigation or any criminal charges against Jabour. Registering to vote outside at a district not assigned to your legal residence is a third-degree felony under state law. "You have a good judge who made a decision," Shorstein said, pointing out that Jabour has an opportunity to appeal. "Judge Nachman is not the last word."

Jabour was elected this spring, so he is not a part of the Sunshine investigation.

Read the story in today's paper here:

http://www.jacksonville.com/tu-online/stories/101807/met_209428788.shtml

If you've been here, you know what I mean

First plug for a new courthouse: I arrived early, just before 8:45, to make sure I found a spot in the parking lot. Last month when I covered the grand jury meeting, I ended up in the Landing and walked over. Not bad, but not fun if it's raining. The courthouse lot fills up amazingly quickly, but I found one of the few remaining spots. A good start. But then I was greeted with a security line that snaked out the door.

First witnesses arrive

Councilmen Richard Clark and Kevin Hyde are both here. Clark arrived first, at 9:25 a.m., looking somber. As I approached him, his attorney said they were headed to the grand jury room. I asked Clark if he came because of a subpoena or voluntarily. His attorney answered, "Richard came here voluntarily." Clark didn't say anything.

Hyde arrived with his attorney about five minutes later, with a chipper "Good morning." He also told me he came voluntarily, before disappearing into the grand jury room.

Two arrivals within five minutes. That's about the most excitement you'll ever see on this side of the door.

Wednesday, October 17, 2007

What the grand jury is discussing

A Duval County grand jury is investigating the Jacksonville City Council for possible violations of the state's Government-in-the-Sunshine Laws. A Times-Union investigation in June documented dozens of meetings between council members in which public business was discussed, and others in which council members met, but it's unclear what they talked about. The investigation also showed a deeply flawed system of public notification that essentially kept the public in the dark about when their elected officials were meeting and what they were talking about.

If you were sitting on the grand jury, what would you ask witnesses?