Gainesville to spend an additional $250,000 litigating the state's GRU takeover

The City Commission voted unanimously Thursday to authorize the spending of another $250,000 to fund outside legal counsel helping the city litigate the potential impacts and constitutionality of the state establishing a Gainesville Regional Utilities Authority.

Officials previously authorized another $250,000 to pay for the services of Ackerman, LLP, led by Cindy Laquidara from the GRU utility system reserves fund. Since then Gov. Ron DeSantis signed HB-1645, setting the stage for a five-member board he appoints to take near control of the municipal-owned utility by Oct. 1.

This time the money will be coming from the general government fund, rather than GRU reserves. The city passed its budget on a first reading on Sept. 8 and will have a final vote on Sept. 13. The budget includes $1.3 million in contingency funds for unexpected expenses.

“Just because it gets expensive is not the best excuse to stop fighting for justice,” said Commissioner Casey Willits, “because we’re talking about constitutional issues.”

An employee for Gainesvilel Regional Utilities installs an AMI (Advanced Metering Infrastructure) device on the side of a building.
An employee for Gainesvilel Regional Utilities installs an AMI (Advanced Metering Infrastructure) device on the side of a building.

More: Gainesville passes tentative budget with property tax hike after pressure from lawmakers

The city filed a lawsuit against the state’s takeover in July in the circuit court of Florida's Second Judicial Circuit in Leon County, court records show. The city is seeking declaratory and injunctive relief.

City leaders have argued against the change in power since its initial proposal, saying the bill is unworkable and unconstitutional. DeSantis, Attorney General Ashley Moody and Secretary of State Cord Byrd are listed as defendants in their official capacity.

The lawsuit claims the bill is also problematic and has multiple counts. For one, it argues the board has the power to borrow money and acquire property, responsibilities typically left to elected officials rather than appointed ones. It also argues the board could damage the city's credit rating and make it difficult or impossible for the city to borrow.

More: Commission funds legal counsel, prepares to litigate impact of ‘GRU Takeover’ bill

Another complaint calls the bill "so unconstitutionally vague" that it is unclear how elected officials and the city will be able to go about business without unintentionally violating the law.

The governor-appointed board is expected to begin its work on Oct. 1. It is unclear how many people have applied to be on the board, as the governor’s office has yet to respond to multiple public records requests by the Gainesville Sun several months ago.

This article originally appeared on The Gainesville Sun: Gainesville OKs another $250,000 to fight 'GRU takeover'