Mullaney criticized for keeping job while running for mayor

[thelakelander]

By Matt Galnor

Amid settlement discussions involving a controversial landfill contract and his official foray into the 2011 Jacksonville mayor's race, city General Counsel Rick Mullaney is taking heat from both sides.

Some City Council members are upset Mullaney wasn't at a committee to weigh in on a proposed settlement his office negotiated with Waste Management.

And two of the three Mullaney's mayoral opponents who are also clients say Mullaney should either run for mayor or be the city's general counsel - not both.

Mullaney said Thursday he sent his top deputy who'd been handling the landfill case to speak with the council and maintains he has no legal obligation to resign.

Mullaney, who filed campaign papers April 1, is resigning effective the end of June.

Mullaney said he's leaving the job to avoid any appearance of a conflict and to devote more time to his campaign.

As the top lawyer for the consolidated government, Mullaney is in charge of the attorneys who represent city departments, the City Council, the Duval County School Board and all of the city's independent agencies.

The office's clients include three mayoral candidates: Tax Collector Mike Hogan, Councilman Kevin Hyde and Councilwoman Glorious Johnson.

Both Hyde and Johnson say they think Mullaney should have resigned as soon as he entered the race.

"This isn't an issue of personality, this is an issue of professional responsibility," said Hyde, a lawyer.

Johnson said her question would be "is he working on my behalf or is he working on his behalf?"

Mullaney said none of the three candidates his office represents have come to him with concerns.

Hogan has long disagreed with how the general counsel is appointed and has contended constitutional officers like the tax collector should have their own attorneys.

But Hogan said he's not worried about Mullaney staying on until June.

"There are enough things to worry about," he said. "This is not something I'd put on my agenda."

A possible settlement with Waste Management about the Trail Ridge landfill has been one of the hottest topics on the City Council agenda.

This week, the entire council met to discuss the proposed settlement - which auditors say will cost $37 million more than the deal proposed last year by Mayor John Peyton.

A year ago, Mullaney was the one advising the council of its options on the potential deal, saying he was confident the city could win in court if Waste Management sued.

But during Monday's meeting, Mullaney sent Chief Deputy General Counsel Cindy Laquidara, who has been the lead attorney since Waste Management sued the city in federal court.

Councilwoman Denise Lee said during the meeting that Mullaney should have been there and repeated the point to The Times-Union on Thursday.

Mullaney said he attended two closed-door meetings where the deal was discussed with the council and sent Laquidara because she had the most knowledge of the proposed deal.

"I didn't think there was anything they could ask that Cindy couldn't advise them on," he said.

Mullaney said he has been - and continues to be - available for discussions with any council members who have questions about the landfill settlement.

matt.galnor@jacksonville.com

http://jacksonville.com/news/metro/2010-04-22/story/jacksonvilles-general-counsel-criticized-keeping-job-while-running-mayor

[mtraininjax]

Both Hyde and Johnson say they think Mullaney should have resigned as soon as he entered the race.

I say they all resign from public service jobs to focus on the campaigns, this way they GET and STAY focused on the messages they are trying to send. Working in the City and still running a campaign sends the wrong message. Mullaney is wrong to stay in this prime power seat. He cannot remain sharp in his duties if he serves 2 masters.

[Livein32206]

Working on the city council and running a campaign are very different from being the general counsel and running a campaign. The council members (which is technically a part time job) can still fulfill their obligations without conflict, whereas the general counsel would run into a conflicts of interest with whom he represents and whom he serves

[Miss Fixit]

32206 is correct.  Mullaney should resign.  He can't possibly simultaneously run a campaign and perform adequately as general counsel.

[mtraininjax]

And when the only real criticism is coming from political rivals in an election, its hard to take seriously.

Stephen, yes as usual, you are correct, but still with the Trail Ridge issue coming up, budget cuts and other topics, he will forever be linked to Peyton and his time there, because Hogan and Moran will put him up there against that backdrop.

Rick would be smart to get out NOW and create a new identity, Cindy and her group can handle it. Rick needs to get out and seperate himself from this administration. You can bet the other candidates will make his name and Peyton's synonomous.

[Tripoli1711]

LOL.  Exactly Stephen.  Everyone is a moralist with someone else's money.  "He talks about reforming pensions, but he's staying in so he can hit his milestone".  Yeah, and?  Just like you said.  Are those who are upset by that seriously telling me they would forgo the benefits gained by staying on one more month, and endure the wrath of their spouse continually requesting they explain "How does doing that make any f'in sense whatsoever, sweetie?"

[Livein32206]

Mtrain, this is probably the best point that can be made on the subject.

I think it has more to do with not quitting the job one month before his 30 year retirement date.

Hed be pretty insane to do that.   Thats the real point behind the criticism.  To pressure him publicly to do something that would cause any reasonably constituted spouse to commit an act of murder.

"so, let me get this straight.....you quit ONE MONTH before your retirement to run for office, and you lost the election by 31 votes!?"

imagine what happens next in this marital episode.......

Being such an educated person, and knowing full well when his retirement date is, then why make the decision to announce his run, when he simply could have waited 2 months and there wouldn't be any issue. But of course, there's those who don't see where there is, even when it's painfully obvious.

[tufsu1]

uh? maybe because if he wants to be Mayor, he needs to raise money...and in order to really do that, you need to be out there as an official candidate.

[Springfielder]

Of course just a couple of months would make a big difference, right...I'd say not with Herb Peyton at his announcement. Not to overlook the fact that the election is a long way off, there's plenty of time to raise money.

[Sportmotor]

I honestly dont see an issue here. He is in running for office, he will be criticized on anything and everything he does correct? Nature of the beast.
This is also coming from those he runs against. It is a good point but it looks childish coming from them imo.

[Springfielder]

So he's running against the Times Union...isn't that where this all started from, because someone there noticed the possible conflict of interest? You may not see it, but others do...

Personally, it just seems like poor timing and an air of "who cares" but then again...that's par for the course with those involved with the current administration.

[CS Foltz]

Springfielder.........I agree! Mr Mullaney should have resigned upon officially throwing his hat into the ring! However, in not doing so leaves the impression of just what the current administration seems to convey....don't do as I do, do as I say! That ain't right by any stretch of the imagination!

[Noone]

Right now the biggest issue for me will be if Mr. Mullaney before he leaves his position with the OGC have legislation introduced to have the Code of Ethics that was in our original charter in 1968 and removed in 1972 be restored.

This was a recommendation of the Charter Revision Commission that meets every 10 years. This in my opinion is a huge opportunity for Mr. Mullaney to tell the electorate of Jacksonville that he regards this as an important issue.

If he doesn't feel that this is an important issue then Kevin Hyde or Glorious Johnson in their positions as active city council members would then be in a position to move this CRC recommendation forward.

 

[strider]

Some seem to have an issue with Mr. Mullaney keeping his high profile job for what amounts to a month or two into his campaign for mayor.  Can you all explain how that is any different than a mayor keeping his job while he runs for re-election or the Councilmen or Councilwomen who are running or a businessman who still owns a important news outlet?  It seems this is different only because a few want it to be and really has no bearing on the reality of the situation.  In every case, there is a possibility of the position being abused.  It is seeing how the candidates handle themselves in their positions during this time that will tell what you need to know about those candidates not whether or not they keep their jobs for a while or even the entire time they run for office. 

[Springfielder]

council or mayor isn't the one legally representing you (as an attorney)