Bobby Mermer, campaign manager for Yes Local Public Utilities, filed an ethics complaint on Friday against Gainesville Regional Utilities (GRU) CEO Ed Bielarski.
Sent to the Florida Commission on Ethics, the complaint says Bielarski violated state law by using GRU funds to inform voters about the upcoming Gainesville referendum. Mermer points to bill inserts, emails to customers and social media posts as backing.
The referendum will ask Gainesville voters whether to eliminate Section 7 of the city charter, eliminating the GRU Authority and returning management of the utility to the City Commission. The GRU Authority has filed an emergency injunction to stop the referendum.
“If the Charter referendum is approved by a majority vote, the GRU Authority will disband and Mr. Bielarski will lose his $332,016 salary, the highest in the history of the City of Gainesville,” Mermer said in the complaint. “He has a substantial financial stake in the outcome, which is apparently causing him to misuse public funds and break state law.”
Mermer points to Section § 116.113 of Florida statutes: “This subsection applies to a communication initiated by a local government or a person acting on behalf of a local government, irrespective of whether the communication is limited to factual information or advocates for the passage or defeat of an issue, referendum, or amendment.”
In the complaint, Mermer said Bielarski’s information even went beyond factual information, calling it false and biased.
Bielarski told Mainstreet that he views it as the utility’s obligation to educate customers about issues that will impact them. He said GRU did the same back in 2017 when a different referendum about the utility was on the ballot.
He said it’s an educational process without the goal to change voters’ minds. He said the information was accurate and points to the last section of the statute as giving the authority to send the information.
“This subsection does not preclude a local government. . .from reporting on official actions of the local government’s governing body in an accurate, fair, and impartial manner; posting factual information on a government website or in printed materials; hosting and providing information at a public forum; providing factual information in response to an inquiry; or providing information as otherwise authorized or required by law,” Florida Statutes Ch. 106.113 (b).
However, Mermer said the section only applies to specific information, like a GRU Authority decision, and not a professionally designed comparison between positions.
A hearing is scheduled for next week over the emergency injunction to stop the referendum.
People will go to any length to prevent full disclosure of all of the facts. It’s shameful. Vote no!!! What are you afraid of Mermer?
No issue with facts here. Just an issue with violating law, especially when the two of the four “facts” were wildly inaccurate and one of the four was more inaccurate than not.
I understand your concern, however. Would you be interested in getting on a phone cal to discuss this? If you email info@keepgnvlocal.com with your phone number, I’d be really eager to discuss this with you.
These “old guard city parasites” are totally disgusting. They have destroyed the financial stability of the city and GRU, and yet they want more money for their failed policies and programs.
The only hope, for the customers of GRU, to regain financial and rate stability is to maintain the current state imposed governing board. They have already given us a plan to begin paying down the huge debt burden created by a corrupt living dead style of city government. The GRU Board has also maintained current utility rates for the next year instead of the annual rate hikes under city management.
The Gainesville city government is like a huge monetary monster consuming every dollar they have, and yet they demand more from the tax payers of the city and rate payers of GRU.
Something like 40% of GRU customers live outside of the Gainesville city limits. Until the State Legislature created the GRU citizens management board these customers had no say in the decision making process or rate policies of GRU. Thanks to the State Legislature and the Governor of Florida, we the customers and rate payers of GRU have a responsible and effective utility management team!
To the leadership of the City of Gainesville (and the local Democratic Committee) I say, “let my people go”. We have been to the mountain top and experienced the glory of GRU rate stability. We have tasted freedom and respect, we will not go back!
You say, they “destroyed the financial stability of the city and GRU” but the three rating agencies disagree. FACT: They give the city and GRU the “highest grade,investment level; high quality, low credit risk”. That is Fitch AA; S&P a and Moody’s Aa3. The city and GRU are both financially stable and sound.
You also say, the GRU customers outside the city “had no say in the decision making process or rate policies of GRU”. FACT: While Clemons was ramming HB1645 through the legislature, citizens were calling, emailing and showing up in Tallahassee to testify in favor of them putting HB1645 to a vote here that would include those ratepayers outside the city limits. Clemons refused. Now, there is an appointed Authority that answers only to the governor. None of us inside or outside the city have a say in anything they decide. In fact, Authority member Haslam said at a public meeting in May that “he couldn’t care less” what citizens say to him because he isn’t elected. Is that the “freedom and respect” you’re talking about?
That handout is not straight factual information, For example the “authority” is not chosen by “all GRY customers” and therefore does not “represent” them. It does not mention that the city owns GRU and it’s leaders are elected by it’s citizens. It’s called rights of ownership and democracy.
Bingo! The “governing body” is appointed by the governor, who selects individuals who support him politically or have donated to his campaign. So the “governing body” represents the governor and the fat cats. The only way an independent governing body could represent “all GRU customers” would be if the statute had been written so that (1) ANY GRU customer could volunteer to run for a seat on the body and (2) ALL customers could vote on who should set on the body. Let’s face it: the law that created the GRU Authority and wrested control of the utility away from the city that owns it was legislative robbery.
Anything that is owned by a government entity is not owned by that entity, but instead by the citizens/consumers that comprise that entity. Therefore, as a resident of this city I own a percentage of every peace of property, equipment, and service provided by the city.
As a customer of GRU I own a percentage of its assets and debts. The customers of GRU are the reason that it exists!
As for the existence of democracy within the City of Gainesville, well I believe it has been on life support for more than twenty years. I personally view local government as a “sick” form of socialist tyranny.