Jacksonville mayor has authority to remove Confederate monument, legal memo argues

Michelle Vecerina contributed to this report.

JACKSONVILLE, Fla. – The Jacksonville Office of General Counsel issued a legal memorandum asserting Mayor Donna Deegan’s authority to remove a Confederate monument without direct approval from the city council.

Teams removed the monument at Springfield Park early Wednesday.

The removal did not entail use of city funds, but private money totaling $187,000 via a grant from the Jessie Ball duPont Fund and anonymous donors towards 904WARD.

The Office of General Counsel said “because of the separation of powers, City Council approval was unnecessary since city funds were not being utilized or requested for the work that was completed.”

Per the city’s legal memo, obtained by Florida’s Voice, the Jacksonville mayor has “exclusive authority” over city parks and property. It asserted that city council intervening in this authority would violate the separation of powers under the City Charter.

Furthermore, the memo asserted that the monument located in Springfield Park in the Springfield Historic District is “arguably not designated as a historical monument,” which would have additional legal protections.

“If the monument was a ‘contributing structure’ to the historic district, and thus entitled to such protections, the Code process for its removal and relocation [could] apply, but there would be no further recourse to challenge the monument’s removal,” the memo said.

“Nowhere in the Ordinance creating the Springfield Historic District does it specifically list the Monument to the Women of the Southland (Confederacy) as a ‘contributing structure’ to the historic district,” it said. “As such, a strong argument can be made that the monument is not a contributing structure entitled to special protections.”

The legal opinion also anticipated potential for legal retribution by Gov. Ron DeSantis, stating that the governor cannot remove Deegan, and signified he cannot enact an “unconstitutional statute retroactively” in response to her actions.

“The City has broad home rule powers over its own governance and property,” it stated.

Addressing concerns over fund allocations and usage, the opinion said that while the council does allocate such funds, the “actual operation and control of parks” is dictated by the mayor.

On top of asserting the mayor’s authority, the memo went into detail in further anticipation of action by Florida Republican lawmakers or DeSantis seeking to enact laws protecting the monuments.

“Symbols matter,” Deegan said Wednesday. “They tell the world what we stand for and what we aspire to be.”

“By removing the confederate monument from Springfield Park, we signal a belief in our shared humanity. That we are all created equal,” she said. “The same flesh and bones. The same blood running through our veins. The same heart and soul.”

Rep. Dean Black, R-Jacksonville, called the move a “stunning abuse of power.”

“This action, undertaken in the middle of the night, during the holidays, without consultation of city leaders or a vote by the council, is another in a long line of woke Democrats obsession with Cancel Culture and tearing down history,” Black said.

Black called on the city council to “seek immediate accountability.”

Black filed new legislation in November to protect historical monuments and memorials that he said would protect “all history.”

City Council Member Nick Howland said “this was council’s decision to make.”

“Regardless of your opinion of the monument, this is abuse of power & disregard for transparency,” Howland said on X.

Howland told Florida’s Voice during budget hearings in the fall, city council “clearly determined that any funds to be spent on removing relocating or recontextualizing Confederate monuments or any historical monuments in the city would have to come out of a city council decision.”

However, Howland said the funds Deegan used were private funds. 

“So, she’s acknowledging that she’s going against our wishes. And then she’s using private money where she appears to think she can do it indiscriminately in any public park to tear down a monument,” Howland explained. 

Howland said he plans to seek a formal general counsel opinion on the action.