Returning to that Council meeting, except for brief comments on appointments which may or may not have a question of patronage and/or nepotism there was little substantial discussion on the resolutions to be presented next Monday with one exception; a resolution for a temporary budget for July,Aug, and Sept. was tabled after Councilor Mapp pointed out that it would be in violation of State rules. It will be introduced as part of a special meeting July 1. The Council wishes to grant only a monthly temporary budget prior to the adoption of the 2011FY budget.
Since one of the biggest line item expenses in the budget relates to legal issues, it is time to understand the Corporation Counsel's role in City affairs.
According to the Charter;4.7 Corporation counsel.There shall be a corporation counsel who shall be nominated and appointed by the mayor with the advice and consent of the council. The corporation counsel shall serve during the term of office of the mayor appointing him and until the appointment and qualification of his successor, subject to removal as provided by the charter. He shall be the chief legal advisor to the mayor and to the council*, and shall have such specific functions, powers and duties, and may appoint such assistants, as may be provided by the administrative code.
Additional the City Administrative Code provides for a City Solicitor, a City Prosecutor, and a Public Defender.
According to the City Administrative Code:
a The Corporation Counsel shall be compensated with a fixed annual
salary as established by ordinance. The Corporation Counsel's salary shall
not be lowered during his or her tenure without his or her consent*. Assistant
Corporation Counsel may also receive such compensation as shall be
provided by ordinance. In addition thereto, any other attorney representing
the City in any litigation or in any suit, action or proceeding before an
administrative body, shall be compensated by fee as shall be approved by the
Mayor, and s/he shall be reimbursed by the City for disbursements made and
expenses incurred in the performance of his/her duties.
It is obvious that in any conflict between the Mayor and the Council, the Corporation Counsel will be representing the Mayor since he/she is beholden to that individual.
The Council's only interaction is approval consent for the appointment and approval of the budget line items. The conflict of interests has been evident in previous administration. It is most evident that Counsel is the spokesperson for the Mayor during Council discussions.*
Although, Corporation Counsel by name and definition is supposed to represent the entire civic body when it comes to push and shove, he can not be impartial. Therefor would it not be advisable for the Charter to be amended to provide separate legal advice to the Council?
The Council may need to have better fiscal control over the entire legal costs. Once again the problem returns to the lack of a "Financial Director etc." and the CFO.
* (bold face is mine)
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