The Jacksonville City Council\u2019s Special Investigatory Committee on JEA will pursue three subpoenas to get testimony and documents, including one for CEO Vickie Cavey, in its ongoing probe of the city-owned utility.<\/p>\n
The committee wants to question the JEA executives over largely unconfirmed and anonymous allegations of a toxic workplace culture and racial discrimination; underpaid water fees<\/a> by some of JEA\u2019s largest customers; and the utility\u2019s decision to move forward on a $1.57 billion natural gas-fired power plant<\/a>.<\/p>\n The three-member panel voted Monday to compel the CEO, JEA Chief Administrative Office Jody Brooks and the utility\u2019s former chief legal counsel, Regina Ross, to appear and testify after back-and-forth between Cavey and Brooks to set dates.<\/p>\n The Council Finance Committee still has to approve the subpoenas. That vote could happen as early as May 19. Council members Ron Salem and Rory Diamond sit on both committees.<\/p>\n The committee wants Cavey to testify June 22 and Brooks on June 8. Committee members originally asked Cavey to appear May 26. In an email to City Council Secretary and Director Jason Teal and Committee Chair Salem\u2019s office on May 7, the JEA CEO said she would cancel a planned business trip to accommodate the committee and offered to be available June 22-24 or June 26 for testimony.<\/p>\n \u201cI am committed to work with you, as we all are, while still ensuring our customers are served,\u201d Cavey wrote in an email obtained by Jacksonville Today.<\/p>\n The committee wants to hear from Brooks about JEA\u2019s decision to purchase and place a nonrefundable down payment on combined-cycle natural turbine from GE Vernova to replace an aging and less energy efficient piece of Northside Generation Station \u2014 a decision Diamond calls \u201crisky.\u201d That plan has to be approved by the state Public Service Commission.<\/p>\n JEA chose that option over a 30-year power purchase agreement with Florida Power & Light Co.<\/p>\n Brooks said JEA received a subpoena from the statewide prosecutor after the utility asked the council committee to switch the dates of her testimony and presentation on the plant.<\/p>\n The State Attorney\u2019s Office and state attorney general both appear to be investigating lobbying contracts<\/a> JEA canceled with Ballard Partners, a Florida-based firm that employs former Jacksonville Mayor Lenny Curry and former city Chief of Staff Jordan Elsbury.<\/p>\n \u201cI don\u2019t believe that I am the target in the criminal investigation, but I am taking this subpoena seriously as my communications are being sought under that criminal subpoena, among others,\u201d Brooks told Salem and Teal in an email May 7. \u201cDue to work demands I have not had adequate time to prepare to give your committee the best information available. In addition, regulatory approval applications will be filed on June 4th for the new power plant. I will then have the opportunity to share the most up-to-date information with the committee on June 8th.\u201d<\/p>\n Salem, who chairs the council investigatory committee, said the subpoenas requested were necessary to lock in dates for their testimony and complete their investigation.<\/p>\n \u201cWe had meetings that were set that were canceled. And dates have been submitted. But we just want to solidify those dates and make sure they attend in order to complete this investigative committee as soon as possible,\u201d Salem told Jacksonville Today.<\/p>\n Ex-JEA lawyer subpoena is \u2018different\u2019<\/p>\n Salem says the committee\u2019s subpoena of Ross is to help her maintain her ethical responsibilities to her former client JEA and based on guidance from the Florida Bar Association.<\/p>\n There has been questions on how much Ross \u2014 who is still an attorney in the city\u2019s Office of General Counsel \u2014 can participate in the investigation due to the attorney-client privilege JEA has with her. Last month, the JEA board declined the committee\u2019s request that the utility waive the privilege to allow her to openly testify.<\/p>\n According to Salem, she\u2019s been answering questions from the city inspector general and City Council auditor through General Counsel Michael Fackler about JEA\u2019s work to resolve the capacity fee issue.<\/p>\n But the committee wants her to speak more broadly about the alleged toxic work culture at JEA, as well as questions about the natural gas plant.<\/p>\n \u201cShe has indicated through the Florida Bar that if she is subpoenaed, she can be more candid on the toxic culture questions where only the privileged questions will be an issue,\u201d Salem said.<\/p>\n Once the committee has completed its investigation, it will produce a final report that\u2019s been framed by Salem as a recommendation of possible action for the JEA board. But on Tuesday, the committee discussed the council\u2019s ability to change the JEA\u2019s charter<\/a> \u2014 the document that lays out JEA\u2019s responsibilities and powers as an independent authority of the city.<\/p>\n As of Monday, no specific changes have been mentioned or floated by the committee. <\/p>\n \u201cDepending on what the final result is and what we find, there may be things that we need to change in the charter to prevent something like this from happening again, depending on what we find,\u201d Salem said. \u201cAt this point, with what we know today, there\u2019s no reason to change the charter.\u201d<\/p>\n