'To be continued': Judge nullifies GRU Authority referendum vote, rules city can amend charter
An Alachua County judge on Wednesday afternoon ruled that the Gainesville Regional Utilities Authority board can remain in control of the city-owned utility while also leaving the door open for a future referendum on the issue.
Judge George M. Wright of the Eighth Judicial Circuit ruled to nullify the ballot initiative that passed overwhelmingly in November to delete the article of the city's charter that created the authority due to "misleading language."
"As I said previously, the language of the proposed amendment with the title, "local public utility" doesn't really assist me," Wright said.
Wright cited Florida Statute 101.61, which states "Whenever a constitutional amendment or other public measure is submitted to the vote of the people, a ballot summary of such amendment or other public measure shall be printed in clear and unambiguous language on the ballot."
Wright, however, also ruled that the city is allowed to amend its charter, and that Florida statute gives the city "home rule of an admissible corporation."
"The constitution in Florida authorizes a legislature to pass special laws confirming powers upon municipalities," Wright said. "I just find that there are too many cases that deal with limitations in the city charter that conflict with that state statute."
Wright cited Florida Statue 116.031, which states "a municipality may amend its charter pursuant to this section notwithstanding any charter provisions to the contrary."
"I don't know how I can get around that," Wright said.
Wright called this a very complex case but said it is certainly "reviewable."
"This is a purely legal argument so if either side appeals, it would be reviewable," Wright said. "Anything I say now, could be changed."
The authority filed the lawsuit against the city in an attempt to keep the referendum off the November ballot and argued that the "ballot measure violates the Special Act of the Legislature that created the authority."
The amendment to the city's charter that created the authority was made with the Florida Legislature's passing of HB 1645, a bill filed by then-Rep. Chuck Clemons, R-Newberry.
After the hearing, GRU General Manager Ed Bielarski told The Sun that this is a process that will now start from scratch and that it feels like "Groundhog Day."
"Everyone was expecting a resolution today but instead got 'to be continued,' " Bielarski said.
City Commissioner Bryan Eastman attended most of the hearing and wrote in a text message to The Sun that he has mixed feelings about the results.
"I'm happy to see the judge reaffirmed that the people of Gainesville have every right to control their own government, but frustrated that we're back at square one again," Eastman said. "The ratepayers voted overwhelmingly to have a utility that answers to them, not the governor. We'll have to regroup and figure out what comes next."
City of Gainesville Communications Director Jennifer Smart sent out an email Wednesday evening addressing the ruling.
"City of Gainesville leaders respect the court's decision. City leadership and staff will continue to work with the GRU Authority Board to resolve issues of mutual importance, advocate on behalf of city residents and GRU customers, and ensure reliable utility service for our community," she wrote.
"The Gainesville City Commission is expected to discuss at a future meeting the possibility of a reworded ballot referendum designed to honor the will of the 72.5% of city voters who supported returning GRU to city control."
This article originally appeared on The Gainesville Sun: Alachua County judge rules on GRU Authority Board in Gainesville
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