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minfin_11-13-23
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minfin_11-13-23
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11/22/2023 3:32:35 PM
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Office Of Council
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Finance
Date
11/13/2023
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type of processes to be implemented. In response to a question, he clarified that “competitive <br />process” here means something other than a formal bid process. <br />Law Director Vargo strenuously objected to the amendment, viewing it as unnecessary and <br />potentially risky for the City. He argued that the term, “competitive” is subjective and open to <br />interpretation. He expressed concern that a disgruntled vendor may use the language as a means <br />to sue the City. He maintained that the internal controls themselves are most important and ought <br />not be described further in the ordinance. He noted that if the City is sued, it will be the <br />Administration, not Council, that must defend the ordinance in court. <br />After additional debate and discussion between the committee and the Law Director, Chair <br />Shachner concluded that he believes the risk to the City is minimal and called for a vote on the <br />amendment. All members voted in favor. Motion passed. S. Ord. 18-2023 amended a second <br />time. <br />Motion by Chair Shachner, seconded by Councilmember Bullock to amend Section 5 (b) of S. <br />Ordinance 18-2023 as follows: <br />The Department of Finance shall submit to Council on at least a monthly basis, as a <br />communication on the Council Docket,a report of contracts or purchases in amounts <br />greater than seven thousand five hundred ($7,500) and less than fifty thousand dollars <br />($50,000) containing information substantially similar as set forth in the form filed with <br />the Clerk of Council but shall at least contain the date, amount, payee, and a brief <br />description of the purchase/services. <br />Law Director Vargo raised questions and concerns about the practicality of the proposed <br />amendment. He argued that because Council controls its own docket, it is questionable that the <br />code should require the Administration to place the report on the docket, when Council has <br />discretion to do that at any time. He questioned whether the report should instead be placed on <br />the City website. <br />Mayor George suggested that the specific details of the report be codified, but not necessarily <br />placed on the docket. <br />Chair Shachner likened the requirement to that of other notices to Council on the docket, such as <br />those regarding grants or donations to the City. He characterized the requirement as a fair <br />compromise given the significant changes proposed to the bidding and Board of Control <br />threshold. <br />Director Rancatore remarked that it seems onerous to place the report on the docket and that the <br />Finance Department has a great interest in maintaining financial controls. He pointed to the <br />recent awards and recognitions received by the department. <br />Chair Shachner argued that the significant public interest in the expenditure of taxpayer dollars <br />justifies financial reports being given special treatment. <br />3 <br /> <br /> <br />
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