Mayor Donna Deegan taps Michael Fackler for general counsel after Randy DeFoor withdraws

Mayor Donna Deegan announced Michael Fackler will be appointed as the city’s top attorney, a selection that got early positive reviews from City Council President Ron Salem after Deegan's first choice of Randy DeFoor ran into a buzzsaw of opposition from council members.

Fackler was not among applicants who interviewed for the position during the first round of hiring when Deegan chose DeFoor, a former City Council member, for the job. DeFoor withdrew her name after a long-fought battle with City Council that would have left her without the votes needed for confirmation.

In the press release announcing Fackler’s appointment, Deegan said she felt confident in his ability to do the job and draw bipartisan support.

“Michael is well respected in the legal profession and community,” Deegan said. “He brings to the table nearly two decades of legal experience, unimpeachable character, and bipartisan support.”

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Fackler will become acting general counsel Sept. 29. The General Counsel Qualification Review Committee will reconvene to examine his qualifications in October, with the exception of W. Braxton Gillam. Gilliam and Fackler work together at the same law firm, so Gilliam will recuse himself from the city's process.

City Council will then have to approve Fackler for the permanent position. The City Charter requires he receive 13 “yes” votes from the 19-person council. Seven council members previously said they would not support DeFoor.

Fackler got off to a good start after meeting individually with three council leaders: Salem, City Council Vice President Randy White and Rules Committee Chairman Terrance Freeman. Salem said each of the council members gave Deegan a green light to move forward with appointing Fackler if she chose to make that pick.

“In recent days, I’ve had the opportunity to meet with members of the administration, council leadership and a number of attorneys in the office," Fackler said in a statement released Friday. "It’s gratifying to be tapped to lead this dynamic, talented law firm of city attorneys as we work to address the complex challenges facing Jacksonville at this time, along with managing the many opportunities we expect in the coming years.”

Fackler attended law school at the University of Florida and is now a partner at a local firm, Milam Howard Nicandri & Gillam P.A. practicing condominium and homeowner association law, as well as commercial and federal litigation.

He has not worked in a government law office, however. so he would be navigating a new area of the law as general counsel for the consolidated government of Jacksonville.

"I discussed that with him at great length and he seems to understand he's got a steep learning curve," Salem said.

Salem said he suggested Fackler identify someone in the General Counsel's Office to help him get up to speed on the types of legal issues that face the general counsel. Salem said he offered to suggest attorneys who could fill that role if Fackler wants his input.

"If I could help him with that, I'd be happy to make some suggestions for someone that can be right as his side for the first two or three months to help him kind of get 'coached up' as we say in Steve Spurrier land," Salem said.

Outside of his practice, Fackler is a board member for Jacksonville Area Legal Aid and the Riverside Presbyterian Church Basketball League. He has also served as a board member, president, vice president and treasurer of the Jacksonville Historical Society.

Deegan, a Democrat, appointed DeFoor, a Republican, as part of creating a bipartisan model for city leadership. DeFoor had crossed party lines to endorse Deegan in the mayor's race. DeFoor could not win enough support from the Republican-controlled City Council to win confirmation.

Fackler is a registered Democrat but he is not active in party politics. His wife Katie Fackler is associate general counsel for Baptist Health and his father-in-law is well-known criminal defense attorney Hank Coxe.

This article originally appeared on Florida Times-Union: Jacksonville Mayor Deegan picks Michael Fackler for general counsel