Friday, January 23, 2015

Mayor Vetoes Council Resolution

After the Common Council passes a resolution, the mayor has three days to either sign it or veto it. The end of business today was the deadline for the mayor to act on the resolution passed on Tuesday, allowing the Common Council to contract with an attorney to provide legal advice. 

Before the vote was taken on Tuesday, the mayor declared that "if this body should pass this resolution," he wanted an opinion in writing from the "real legal counsel" before he would sign it. The resolution passed, with only Robert "Doc" Donahue (Fifth Ward) voting against it and Abdus Miah (Second Ward) abstaining. The mayor got the opinion in writing he sought from city attorney Carl G. Whitbeck. In response to the question of whether the Common Council "can retain its own legal advisor independent of Corporation Counsel for the City," Whitbeck answered, "Yes, for the limited purpose of advising the Common Council." Still, shortly after 4 p.m. today, the mayor vetoed the resolution. 

A two-thirds majority is required to override a mayoral veto. If all the aldermen vote as they did on Tuesday, there will be 1,486 affirmative votes. If my math skills serve, 1,350 votes are required for a two-thirds majority.
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2 comments:

  1. The hostility and stupidity never ends. November can't come fast enough!

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  2. Isn't the retention of separate counsel by the Common Council for the "limited purpose of advising the Common Counsel?" If so, it seems that Mr. Whitbeck's opinion was that there was no legal impediment to what was proposed that the Mayor vetoed. The role Dan Tzucinski was in, wearing two hats at once, one advising the executive branch, and the other advising the legislative branch, each properly zealous and jealous about their separate and independent powers and responsibilities, was and is ill advised.

    It's tough for anyone to serve two masters at once, and particularly for attorneys, because it raises conflict of interest issues. And in this instance, with the City's power structure at odds with itself over such much, with a record of non accomplishment to show for it, what was ill advised became impossible. The Common Council having separate counsel to advise it, is probably a needed reform irrespective of this current spat. May the passions recede, and cooler heads prevail on this one.

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