(This story has been updated with additional information.)
City of Gainesville residents for the second time in a year voted decisively on Nov. 4 to remove the article of the city’s charter that created the GRU Authority, effectively dissolving the governor-appointed board and removing the utility’s chief executive.
With all 32 precincts reporting, the referendum to return control of the city-owned utility to the City Commission passed with 75.18% of the vote.
Gainesville Mayor Harvey Ward told The Sun while the ballots were still being counted, that no matter what happens with the results or how legal challenges end up, GRU’s operations will continue.
“Their lights are still going to work. The water is still going to flow and the people who work at GRU, all their compensation, all their benefits are going to continue to work through the city of Gainesville human resources just like they’ve always had, so I don’t expect to see any immediate changes in anything,” Ward said.
Ward said he expects a smooth transition from the authority to the city, and that once the results are signed and certified by the canvassing board on Nov. 6, interim City Manager Andrew Persons will announce a transition plan.
GRU CEO Ed Bielarski said following the results that the authority will use all legal options available to fight the outcome.
“The will of the people have spoken, but not yet the rule of law,” Bielarski said. “We will explore all legal options available beginning with the filing of an emergency petition for constitution writ at the 1st DCA tonight.”
In an email to GRU staff on Nov. 5, Bielarski wrote that “… the board will continue its responsible governance of GRU, and I will continue as CEO. “
“The GRU Authority believes yesterday’s vote has no legal consequence until the board receives a court order telling it otherwise or until the special legislative act that created the Authority in 2023 is repealed,” he wrote.
According to the Alachua County Supervisor of Elections Office, the special election — at a cost of about $250,000 — saw 14,478 of 76,024 active eligible voters participate, or about 19%. Of the total number of votes recorded, more than 4,500 were mail-in ballots and another 3,523 were received during early voting.
Aaron Klein, director of communications and outreach for the elections office, said they were excited to see such a “robust” turnout. He said the city’s last stand-alone election in 2022 saw a turnout of around 13%.
“Honestly, we’re quite excited about the level of turnout. This is an off-year special election and you’re seeing a lot of interest in voting across all three methods (early, mail-in, and Election Day),” Klein said.
Only Gainesville residents who live within the city limits were able to vote on the issue. The results are not yet official.
With the commission expected to assume control of GRU this week, one of the biggest remaining questions is who will manage the utility.
Ward told The Sun on Oct. 31 that once the results of the special election are certified on Nov. 6 and if no court injunction is granted, other articles in the city’s charter state that duties that are not assigned to a particular charter officer are under the purview of the city manager.
“Not only is it not my duty, it’s absolutely not my purview to go tell the city manager who I think he ought to hire, but I know that he has ideas,” Ward said. “I believe that probably that would be an interim position that would be created working for the city manager’s office.”
Persons on Nov. 3 declined an interview request by The Sun regarding plans for the utility.
Bielarski, who had recently received a 3% salary increase, bringing his total annual compensation up to $342,000, said he has heard nothing from Persons regarding a transition following the election.
“So, this is the definition of managing and leading with ambiguity. Not knowing what the situation will be after the certification or even leading up to it,” Bielarski said.
Bielarski sent a video to GRU employees informing them that authority planned to file an emergency “constitutional writ” to the 1st District Court of Appeal in an effort to preserve jurisdiction over the election.
That decision comes after Alachua County Judge George Wright denied GRUA’s final attempt at a temporary injunction. The appeal would be one of two pending with the district court.
GRUA filed an appeal on Sept. 3 after Wright ruled on April 2 to nullify the results of a 2024 referendum in which 72.5% of voters also voted in favor of dissolving the board due to misleading ballot language. Wright also ruled, however, that the city is allowed to amend its charter, and that Florida statute gives the city “home rule of an admissible corporation.”
GRUA appealed the “home rule” aspect of Wright’s ruling, while the city filed an appeal over the the ballot language.
Bielarski said a win at the appellate level is the only thing left that would breathe life back into the authority.
“Unless there would be action by the attorney general or the governor,” Bielarski said.
The authority was given control over the city-owned utility after the Florida Legislature’s passing of HB 1645, a bill filed by then-Rep. Chuck Clemons, R-Newberry. Gov. Ron DeSantis signed the bill establishing the governor-appointed GRU Authority board on June 28, 2023.
Many critics of the bill called it undemocratic since voters previously rejected a 2018 referendum that called for a board. A similar 2017 bill from state Sen. Keith Perry, R-Gainesville, also was previously vetoed by then-Gov. Rick Scott.
High Springs
Incumbent Seat 3 City Commissioner Tristan Grunder defeated Julie Ann Tapia-Ruan with just under 68% of the vote. A total of 866 votes were cast in the election.
Voters in High Springs also approved a code amendment what will allow businesses that derive 51% of gross revenue from the sale of food and nonalcoholic beverages, and breweries to sell alcoholic beverages for on-site consumption Monday through Saturday from7 a.m. to midnight, and Sundays from 1 to 10 p.m. The measure saw 622 votes cast in favor of the amendment, and 206 against.
This article originally appeared on The Gainesville Sun: Gainesville votes to dissolve GRU Authority, return control of utility back to city
Reporting by Elliot Tritto, Gainesville Sun / The Gainesville Sun
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