Do It Right Or Do It Twice
by Chuck Ring
At Wednesday’s (October 1, 2008) Edgewood Town Council meeting, the mayor’s zeal to accomplish got in the way of accomplishment in a legal manner.
On a vote of 3 to 2, with the mayor voting to break a tie, the council voted to adjust the budget. I say they voted, but they really did not, because they did so in an illegal manner.
How did this happen? In addition to the mayor’s obvious desire to ignore any reasoned opposition to his hasty need to get his way on the adjustments and the lease for the library; a series of actions by the mayor and his supporters on these issues led to improper action in an attempt to give the mayor his way.
To add clarity to what happened, it must be explained that Resolution 2008-58 was on the agenda to pass or not pass town budget adjustment items. There was both opposition to the some of the adjustments and support for some changes to the overall resolution. An initial round of voting saw a portion of the resolution pass. What followed was a misguided and slippery-slope attempt to renumber the remainder of the adjustments to arbitrarily form Resolution 2008-59 (a completely new resolution). Such action is clearly outside the proper bounds of town government as there was no such resolution appearing on the agenda. Basic elementary town government will tell the mayor and the councilors voting for the illegal action that the action taken by them was both improper and unnecessary.
What should have transpired was action to amend the resolution (Resolution 2008-58) to reflect the changes or action desired by the mayor and his supporters on the issues. Such action would have been legal and not at all likely to be the subject of litigation.
Now in order to legally get his way, the mayor will have to do it right or have himself and the town face legal challenge to his and his supporters’ extra-legal action in passing a resolution that was not on the agenda. The cure for this action is simple. At a future meeting the desired resolution must be placed on the agenda in a legal manner so that it can legally be subjected to a proper vote. Otherwise any action taken pursuant to the council’s action on the non-existent resolution 2008-59 on October 1, 2008 will be illegal and could subject the town to litigation to correct the illegal action and recover any monies improperly spent in the furtherance of the tainted action.
Future attention to suggestions and corrections given by dedicated citizens in a spirit of cooperation during any given town council meeting might allow the mayor to look to the future without having egg on his face and surely will forestall the necessity to spit feathers from the crow on which he might dine.
Some final thoughts on the library. While opposition to the leasing of space for the library was not and is not opposition to the library itself, such opposition was well reasoned. Why it made far more sense to apply the money to be spent on the lease toward a new library on Section 16 was lost on the mayor and his council supporters. As it is, the final total cost for leasing the library is likely to slither from underneath a rock due to the possible inadequate discovery on the part of the mayor of additional hidden costs. Additionally, it appears there may have been a lack of proper legal review on the resolution, since from all indications, the mayor’s possible inattention hid the devil from details. It appears that instead of, “Stearley says thumbs up,” it is more as if Stearley says, “Wig-wag,” when it comes to any development on Section 16.
Bottom line … haste does indeed make waste and although I’m quite sure that the mayor and his supporters did not intend to violate the law with their action, the end result is the same, i.e., the process for legal approval necessitates modification or modifications to the resolution to make it pass the smell test. To make a mistake is one thing … to make a mistake in the erroneous belief that you save money when you fly by the seat of your briefs (legal briefs) because you may be too much of a neophyte to recognize true legal arrogance, is altogether another matter. The town has an attorney that should be present whenever legislative or other public hearing matters are conducted. That’s the proper way to conduct town business during council meetings. And, it is proper whether a mayor or councilors agree with the advice of the attorney.
One Response “Do It Right Or Do It Twice”
Mr. Ring raises some valid points. While one must respect the Mayor’s efforts to get something done, he should indeed follow the proper procedures. In addition, not being an expert in real estate and construction matters, I sure wish someone would explain to me the wisdom of our leasing an older building which will require some modification before we can even begin occupancy when other solutions, though not as timely, may be available. Further, I would hope that under the lease we do not become liable for additional modifications and/or repairs. After all, this is an older building. If the lease does ever become finalized, I know that the town would adamantly especially insist that the building meet all current fire code standards. Edgewood doesn’t need any more liabilities.
Any time the Library is mentioned, one must take note of the splendid work the dedicated library council and volunteers. They are certainly deserving of monetary compensation, as well as a newer and larger building. This should not ,though, obviate our concern for good fiscal management of town funds. I concede that it would take more time to build on Section #16. Still, Applying all of our construction dollars to the proposed permanent location done right, is in the town’s best interest. Construction dollars will certainly go farther today than they will three or four years from now. Lets prod the town for some timely results-oriented action in Section #16! Mr.Ring’s advice is certainly worth noting!