The ordinance in question concerns changes in the budget within a department. If changes are needed under $5,000, no action need be taken. If the amount is between $5,000-$15,000, the mayor would have to notify the council of the changes. According to the ordinance, “Any transfer of $15,000 or more for any expenditure account within an approved operating budget of a department, office or agency must be approved by the council, by resolution, except that no such action shall increase or decrease said budget.” The ordinance was passed by the council by a vote of 6-0 Nov. 3.
Watkins vetoed the budget ordinance Nov. 5. The overriding vote was 5-1 with Councilwoman Frances Dunn voting to uphold the veto and Councilman Clarence Romage absent.
|
|
Watkins said in her veto of the ordinance that the need for a resolution by the council to adjust budgets over $15,000 was in direct conflict with the current city charter. She also has said that this entire portion of the budget ordinance mirrors an amendment to the city charter that failed with voters last year.
“We were under the impression that this was a legal option to do this. Asking for notification is not going against the charter or contradictory,” Alexius said. “The second part, we have sought outside legal opinions which were no help. We are asking for a resolution by the council. A resolution is non-binding. It would express the council’s opinion, but not obstruct the mayor from moving the money.”
Alexius said the attempt was not intending to change the charter or amend the charter. The ordinance would not stop the mayor from doing anything but would let the council have their say and give their opinion.
He said the mayor, in trying to veto this action, has vetoed the entire budget.
Watkins answered, “This is not the way I read it. This implies I need your permission to move money over $15,000. It also needs to be clarified. Do I need to give you seven days notice? Before? After? Sometimes we just have to do it that day. To me, this is in direct conflict with the charter.”
City attorney Deborah Foshee said that since she represents both the council and the administration, she was in conflict of interest and would not comment on the legality of the issue. She added that no matter what the vote, she recommended sending the question to the Legislative Auditor’s and/ or the Attorney General’s office.
Dunn asked if the override could be tabled until the legality question was settled, but council President Trey Blackall said it had to be addressed at the first meeting after the veto.
Expenditure transfers from one department to another has traditionally required approval from the council. This ordinance only referred to expenditures within a department.
The council also approved an ordinance amending the code of ordinances in regard to the historic district and the historic district commission. The amendments clarify wording of portions of the amendments that were deemed ambiguous.
Jeff Schoen, the attorney for homeowners that have property bordering Independence Street and the Columbia Street Landing, appeared before the council to withdraw the petition asking for revocation of the street and purchase of the resulting land, which borders the Bogue Falaya River.
The withdrawal of the petition will allow the council to take the matter “off the table” at the next meeting.


View Jobs
View Homes
View Autos

Comments