JACKSONVILLE, Fla. – The removal of a Confederate monument in Jacksonville is still raising questions a day after the surprise move.
Jacksonville Mayor Donna Deegan ordered it to come down and said she had the legal right to do so because it was paid for by private funds and did not need council approval.
But some are still questioning: Did she have the legal authority?
“I asked General Counsel, could I use private funds? And do I have the authority? And he said, yes. And so that’s exactly what I did,” Deegan told News4JAX on Wednesday.
Deegan shared the legal option from the city’s top lawyer which said both the city charter and the code of ordinances give the mayor exclusive authority over the city’s parks and their property.
Jacksonville City Council President Ron Salem said one thing that has been overlooked is the historic nature of the statue.
“This statue was in a historic area. And there are rules for altering items that are in our historic areas. And it doesn’t appear like that was done in this case,” Salem said.
In the document from the General Counsel it reads in part: “The monument although located in the Springfield Historic District is arguably not designated a historic monument. But it also implies that if were a contributing structure to the historic district its removal could result in civil penalties. It also says there would be no further recourses to challenge its removal.”
“So on the policy issue, she’s been transparent, and this is a significant achievement for her,” said News4JAX political analyst Rick Mullaney of JU’s Public Policy Institute. “But there’s a separate issue. And that is the process. And the process is going to be controversial with many. According to council members, they were blindsided by this intentionally. So on the legal issue, there’s a legal memorandum that’s in draft, it’s unsigned, that wasn’t circulated. And then there’s a big issue for the future. Does it mean that the executive branch with private funds has broad authority for policy initiatives, whether it’s related to public parks or related to other parts of the City of Jacksonville? So it does raise issues for the future.”
There have been polls taken by the University of North Florida concerning monuments in Jacksonville, and they show support for keeping them in place.
MORE: Surprise removal of Confederate monument garners strong, mixed reactions from Jacksonville residents | Historian: Springfield Park Confederate monument was put up to intimidate Black residents during Jim Crow era
But now that the statue is down Michael Binder who oversees the Public Research Lab at UNF said “There is no way in hell a politician would want to be the person to put back a confederate monument.”
Binder does not believe this will impact Mayor Deegan’s political future. However, Mullaney said this could have a big impact on Deegan’s future with the Republican-led city council.