1976 966 Resolution - Laserfiche WebLink

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Council's attention is directed to Pounds v. City of Elyria, 20 0 Dec. 357, 9 0 N.P. (ns) 625, dated January 13, 1910. The case presented an issLe in many respects similar to the matter I am now considering, In that case the Council of the City of Elyria had passed an ordinance fixing salaries on December 14, 1909. The Mayor was notified by the Clerk of Council on the following day that the ordinance had been passed and he was requested to sign the ordinance. The ordinance was not physically delivered to the Mayor. Whi1e the Mayor was out of the city on December 16 for a period of a few hours, the President of Council as acting Mayor signed the ordinance. On December 21, 1909 the Mayor took possession of the ordinanee, and.re-turned it to Council with his reasons for veto.. The court held that the Ordinance aever became a valid law of the City and the payment of salaries fixed by the ordinance should be enjoined. If the coumcil president, as acting mayor, cannot perform the Mayoral fLmction, would you imply that the Court intended that the Mayor be stripped of his legal authority or that his right to approve or veto all legislation be held inviolable. The rule of the Pounds case also supports my earlier statement that the mayor is not acting in a ministerial capacity. He is performing a legislative act. It should be noted that the plaintiff, Harry A. Pounds, was City Solicitor of the City of Elyria. In that capacity he instituted litigation against the defendants, the City of Elyria, the Council President and members of Council. Similarly, I have instructed the law director to fzle a comparable action to enjoin Council action authorized by R. 996 if this veto is not approved by the affirmative vote of at least five members of Council, as required by the Charter, Article IV, Section 6. Respectfully submitted, ; Ro rt Beebe, Mayor August 24, 1977.