JACKSONVILLE, Fla. — The controversial sale of JEA collapsed in 2019, but the radioactive scandal continues to reverberate in Jacksonville politics.
Rival attack ads produced by political committees for Republican mayoral candidates Daniel Davis and LeAnna Cumber put JEA front and center. Cumber, who fired the first salvo, claimed Davis supported privatizing the city-owned utility.
In response, Davis' political committee accused Cumber of lying about her husband's role in the early bid process, when emails show he was working with one of JEA's potential suitors.
As our news partners The Florida Times-Union reported Friday, Cumber didn't mention her husband's contacts in 2020, when the council's Special Investigatory Committee on JEA asked councilmembers to identify "any interactions" they or their immediate family members had "with people or entities connected in any way with the JEA process."
The news about Hussien Cumber's involvement -- though apparently unpaid -- sparked calls from two of Cumber's council colleagues for an investigation. In a letter to Council President Terrance Freeman, Councilmember Nick Howland said the fact Cumber's husband was involved in the attempted sale concerned him. Howland said voters have a right to know why she failed to include the information in her disclosure to the Special Investigatory Committee.
"Having led several acquisitions and divestitures during my career, it concerns me that a Council Member's husband was advising a potential buyer while the Council Member herself was a seller," wrote Howland.
Late Monday, Cumber dismissed Howland's letter, citing a statement by former city attorney Jason Gabriel to the Florida Times-Union. He said "the request by the committee did not compel council members to provide information because the disclosure wasn’t rooted in any local, state or federal law. No one has any requirement to respond to any inquiry that has no legal or ethical import."
(You can read Howland's full letter below.)
Freeman did not immediately respond to questions about Howland's letter. In a statement forwarded by Cumber, City General Counsel Jason Teal wrote, “City Council powers to conduct investigations stems from section 5.09 of the charter. That section does not grant the Council the authority to conduct investigations of private citizens. Only the consolidated government and the various departments, offices and agencies thereof."
Regardless of what happens with Howland's demands, it's clear JEA continues to polarize Jacksonville's political landscape. The debacle cost taxpayers millions of dollars, prompted multiple criminal investigations, and let to the a complete leadership overhaul, including the Board of Directors and the utility's entire C-suite.
University of North Florida political science professor Mike Binder, says being tagged with JEA baggage is a burden for any candidate.
"Being associated with that scheme from a voter’s perspective, it says, 'Hey you tried to steal money out of my pocket. I don't know if I want you or trust you to make those judgements going forward.'"
Davis and Cumber are among seven candidates running to be the next mayor of Jacksonville. The unitary election is March 21. If no one gets more than 50 percent of the vote, there will be a runoff between the top two vote-getters on May 16.
Full statement from Leanna Cumber.
“As Former Jacksonville General Counsel Jason Gabriel said in the Times Union recently, ‘the request by the committee did not compel council members to provide information because the disclosure wasn’t rooted in any local, state or federal law. No one has any requirement to respond to any inquiry that has no legal or ethical import.’ The story also says, ‘Gabriel said the City Council’s investigation was taking place at the same time as a federal criminal investigation, so that caused concerns for him about how releasing information to the public might affect the federal investigation.’"
Full letter from Nick Howland:
"Dear Council President Freeman,
On Friday, ActionNewsJax and the Florida Times-Union brought to light the involvement of a Council Member's immediate family member in the attempted sale of JEA in 209. The media reports also noted the council Member's subsequent omission of this information in a conflict-of-interest disclosure to a City Council Special Investigatory Committee in early 2021.
I was not on City Council during these events, but I followed them closely as a citizen. Having led several acquisitions and divestitures during my career, it concerns me that a Council Member's husband was advising a potential buyer while the Council Member herself was a seller. In industry, there are safeguards in place for these situations. The Securities and Exchange Commission (SEC), for example, requires publically traded companies to disclose transactions with related parties (including family members) in quarterly and annual reports. That's why the second part of the issues - withholding this information from Council's Special Investigatory Commitee - concerns me even more. This is information citizens need to know.
Council Member Cumber may have had a valid reason for withholding this information. She certainly deserves the opportunity to clear the air. But to maintain trust and confidence in local government, City Council has a responsibility to find out for sure. I join with my colleague Rory Diamond in requesting that City Council immediately open an investigation into the involvement of Council Member Cumber's husband in the attempted sale of JEA and the omission of this information in her disclose to the Special Investigatory Committee.
Thank you in advance.
Best regards,
Nick Howland.