Subpoenas, Privilege Fight, and Stalled JEA Cooperation

Recommended

no committee or staff recommendation recorded — workshop briefing only, introduced by Legislative Counsel Jason Teal.

Debated

Legislative Counsel Jason Teal briefed the Finance Committee on the Special Investigatory Committee's activities, covering both the SIC's original charge and its expanded scope, including uncollected JEA capacity fees, allegations of workplace toxicity and racism, and the combined cycle plant project and its financial risks. The most significant development: Teal said three subpoenas are needed — for Ross, Brooks, and Cavey — on dates certain based on availability they provided, along with a document request to Brooks and Cavey covering the proposed Mayo capacity fee settlement, fee calculations, employee demotion records, and employee-filed complaints. Ross previously asserted privilege connected to her representation of JEA as chief legal counsel, and the JEA Board denied a request to waive that privilege. General Counsel Michael Fackler pushed back hard, saying subpoenas for OGC attorneys are not good policy, set bad precedent, put Ross at risk of violating privilege, and damage client trust. CM Diamond countered that JEA is stonewalling the investigation and subpoenas are needed to compel cooperation — and argued the JEA Board should have waived privilege because JEA is a public entity and the information is therefore public.

Decided

No action taken; workshop discussion only. Teal signaled he will return to Finance Committee to seek formal approval of subpoena issuances.