Jacksonville failed to follow steps for contract that removed Confederate monument statues

The city Public Works Department made an "improper purchase" of services from the construction company that removed statues from the Confederate monument in Springfield Park, a violation that Mayor Donna Deegan had to correct Wednesday by authorizing the contract three weeks after the company took down the statues.

The violation of the procurement code does not affect the decision to remove the statues or require the reinstallation of them.

City Council members who have been reviewing the process used by Deegan to take down the statues said it was troubling that the necessary contract wasn't in place before the Dec. 27 removal of the statues. The mayor's office said the holiday season caused an administrative delay and that city code provided a way to cure the issue.

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A letter sent this week by Procurement Division Chief Dustin Freeman to Deegan outlined the violation in how the city engaged Acon Construction Co. to perform the work that private donors financed. City Council President Ron Salem called it a serious matter.

"From the beginning of this process, I have consistently stated the action taken by Mayor Deegan in the monument removal isn't a disagreement of policy but process," he said Thursday. "The laws of this government are in place for a reason to protect the taxpayer."

He said Freeman's letter is "the latest affirmation that not only was our procurement code violated but more disappointing erodes the trust of the taxpayer we work so hard to preserve."

City Council member Nick Howland said Freeman's letter is new information he is assessing.

"I'm looking into it, but at first glance, it appears the hiring of Acon was another hasty and incomplete decision requiring clean-up afterwards," he said.

Melissa Ross, director of strategic initiatives for the mayor's office, said city staff had verbal discussions about what procurement authority could be used for the Office of General Counsel to enter into a formal contract with Acon.

Ross said the discussions resulted in a determination to use an administrative award for the contract, but because of the holiday season, that request did not get to the Procurement Division until Jan. 3.

"This was a zero-dollar contract as the work was funded by an outside organization," Ross said. "These administrative delays happen at times due to holiday breaks and other factors, and it is not uncommon for the Procurement Division to work with requesting agencies by sending a letter to correct or 'cure' contracts or purchases in this manner."

Deegan used an arrangement with non-profit organizations to provide privately raised money for the cost of taking down the statues from the monument known by the titles "Women of the Southland" and "Tribute to the Women of the Southern Confederacy."

General Counsel Michael Fackler said in a statement on the day the statues were removed that because private money paid the $187,000 cost for the work, Deegan did not have to get City Council approval for it.

Fackler also said his office had worked closely with the procurement, public works and parks departments "on the approved scope of work in accordance with municipal code in how we contract for and complete these services."

Freeman's letter to Deegan says the way the Public Works Department obtained services from Acon violated the city's procurement code.

"Due to the holiday schedule, newly appointed personnel, and minimal communication on who owned the requirement, procurement did not receive an agency request for an administrative award until after the work was performed," Freeman wrote.

He wrote that while he had been asked before the removal of the statues about what authority was needed for executing that contract, "a formal request from the using agency was not submitted until after the services were rendered."

The city's Procurement Division issued an administrative award on Jan. 3 with a retroactive date. However, that administrative award is "null and void," Freeman wrote in the letter to Deegan.

The letter said Deegan needed to step in and authorize the contract with Acon. Chief Administrative Karen Bowling, acting on behalf of Deegan, then approved the contract on Wednesday.

Freeman's letter said the Public Works Department has completed additional training on the contract award process to avoid a repeat of such a violation happening again. He said the procurement division's staff also has been reminded about "when and when not to" retroact dates on contracts.

This article originally appeared on Florida Times-Union: Jacksonville has problems with Confederate monument contract