“Barring a constitutional challenge, the people will get a say in this”: Gainesville City Commission puts GRU governance on the November ballot

BY JENNIFER CABRERA

GAINESVILLE, Fla. – At a Special Meeting this afternoon, the Gainesville City Commission voted unanimously on second reading to place a referendum on the November ballot that would return control of Gainesville Regional Utilities (GRU) to the City Commission and eliminate the GRU Authority.

Ballot language

The ordinance, which was passed unanimously on first reading, provides for submission of a Charter amendment to the voters for approval or disapproval at the November 5, 2024 general election. The Charter amendment would eliminate a previous amendment made by HB 1645 that transferred governance of GRU from the City Commission to the GRU Authority, beginning on October 1, 2023. The proposed ballot language is below:

“SHALL THE CITY OF GAINESVILLE CHARTER BE AMENDED TO DELETE ARTICLE VII, ELIMINATING THE GOVERNOR-APPOINTED GAINESVILLE REGIONAL UTILITIES AUTHORITY AND ITS APPOINTED ADMINISTRATOR THAT MANAGE, OPERATE AND CONTROL THE CITY OF GAINESVILLE’S LOCAL PUBLIC UTILITIES, AND PLACING THAT RESPONSIBILITY WITH THE ELECTED CITY COMMISSION AND CHARTER OFFICER; AND ELIMINATING LIMITATIONS ON THE GOVERNMENT SERVICES CONTRIBUTION AND UTILITY DIRECTIVES, AS PROPOSED BY ORDINANCE NO. 2024-352?”

Public comment

Nine members of the public spoke in favor of the ordinance, and two spoke against it. The arguments were, for the most part, the same as the comments voiced in the May 16 meeting when the Commission took up the first reading of the ordinance .

Ward: “And I would say once again, that the legislature had the distinct opportunity to preclude this and chose not to do so.”

After public comment, Mayor Harvey Ward thanked several attorneys for speaking during public comment or sending legal memos to the City, offering their opinion that it is legal for the City Commission to put the question on the ballot: “So there is plenty of legal support out there, I guess in any direction, but the preponderance does seem to be in the direction that this is a right that we do have. And I would say once again, that the legislature had the distinct opportunity to preclude this and chose not to do so. They did not address the part of our Charter that gives us the opportunity to put things on the ballot. And they would have if they intended to. That’s just my opinion, I’m not an attorney.”

Motion

Commissioner Reina Saco, who pointed out that she is also an attorney, made a motion to approve the ordinance. Commissioner Bryan Eastman seconded the motion.

Commissioner Desmon Duncan-Walker asked what percentage of GRU customers live outside the city limits, and Ward responded that the number is different for electric, gas, and water, but “the electric utility is in the low 30s… It’s a little less than that for water and even less for wastewater.”

Duncan-Walker followed up, “I was just curious: there is no mechanism at all that exists to allow those individuals to have a voice in this or a vote in this? No way?”

City Attorney Daniel Nee responded that he wasn’t aware of any mechanism for amending the City’s Charter that would give a vote to people outside the city limits. He added, “But obviously, as we’ve heard, the powers of the legislature are great, and… I would contemplate [the legislature] could accomplish that in some way.”

Duncan-Walker: Is there any way for GRU customers outside the city limits to have a vote?

Duncan-Walker thanked Nee and said, “I just wanted to bring that forward, because I think we have heard this rousing chorus of individuals who live inside, who are paying, but I also think, in the interest of being able to honor all voices of individuals who pay GRU rates, that to be able to have their voices or their votes included in this is something, too, that we ought to always be mindful of.”

Ward interjected, “I would remind everyone once again that some of the folks who spoke to us, were here in the room today, with their voices at the lectern, are not City of Gainesville residents but are GRU customers.”

Duncan-Walker responded, “But their voice is very different from their vote, and that’s what I’m cognizant of.”

Commissioner Ed Book: “We’re simply allowing the will of the community to determine how we’re going to govern.”

Commissioner Ed Book thanked all the people and organizations that had provided feedback on the referendum. He added, “It seems to me that really what we’re doing is, we’re simply allowing the will of the community to determine how we’re going to govern. And I think probably one of our greatest, if not our greatest responsibilities, as elected officials, is to operate in accordance with and at the guidance, and in partnership with, the community. Well, putting this on the ballot, I think, is exactly what we do. And then they determine how and when we govern and what we govern. So I appreciate that, I support the motion, and I know we’ve had considerable input, feedback, and weighing in – always appreciated.”

Commissioner Bryan Eastman: “I am excitedly voting yes on this… I think that we have a responsibility to put this on the ballot in November.”

Eastman agreed, “It’s just about making sure that the voters have a say in it. I do think that it’s important to point out, one, that I am excitedly voting yes on this, and I think that this is obviously about the people and their ability to have a say on GRU. But I do think that this is a really important and historic moment in the question of how cities govern themselves, how we move forward.”

Eastman said he couldn’t find any other utility in the nation that is run by a board appointed by the Governor and continued, “I think this is the right way forward; it gives the people of this community the right to say how we go forward. And I think this is an important and historic day; we are putting this out there… I think that we have a responsibility to put this on the ballot in November.”

Commissioner Cynthia Chestnut: “I think, quite simply, this can be summed up in one word: democracy.”

Commissioner Cynthia Chestnut said, “I think, quite simply, this can be summed up in one word: democracy – something that is eroding not only in this state but in this country. So we stand for democracy.”

Vote

The ordinance putting the referendum on the ballot passed unanimously in a roll call vote, and Ward concluded the agenda item by saying, “Barring constitutional challenge, the people will get a say in this.”

The post “Barring a constitutional challenge, the people will get a say in this”: Gainesville City Commission puts GRU governance on the November ballot appeared first on Alachua Chronicle .