08/23/1977 Meeting Minutes - Laserfiche WebLink

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~,~~ -4- Roll Call: AYES: I~~iessrs., Barclav, Bennett. Bordonaro, Busa. Flynn. Grogan and Schulte NAYS: NoneF I~lotion Carried hesolution Adopted The Law Director to file the appeal. Resolution 996„ entitledP "A F.ESOLUTTON IN ACCOI:DANCE I~aITIi AP,TICLE III, SECTIOPd 16, OF THE VILLAGE CHARTER TO EMPLOY SPECIAL LEGAL COUN6EL 1D7D PROVIDIPdG COP~IPENSA^1ION THEREFORE", introduced by AIr. Grogan and read. ?~ir. Byrnes said, as Law Director, it is my duty to advise Council that in 1974 a similar situation occurred in reference to Section 4 of the Fees. The City of Cleveland passed by a vote but failed to present it to the ~~ayor for approval or veto. Judge FZrenzler ruled that it was not valid because correct procedure was not followed. Mr. Byrnes said if Council voted on the Resolution in its present form, it is in conflict with the Charter and would have no legal effect if passed. Nir. Orkin stated that it is supportative of the problem, which is the interpretation of the Charter, Section 16. He said there was two choices: The Judicial Branch can resolve the problem, or amend the Charter, which is very involved and didn't feeel Council wanted to do this. i~ir. Barclay said i~~r. Orkin was giving misleading advise. idr. Orkin siad the matter need not be submitted to the Mayor at all. A~Ir. Barclay as}ted if it says anywhere in the Charter that a Resolution or Ordinance is not to be presented to the Mayor? ~~nr. Orkin said the majority of Council can decide on this matter. i,ir. Grogan asked Ifr. Barclay to give I~Ir. Orkin the courtesy that any other resident might get. Mayor Beebe said this sounded like we were in court already. He said the Resolution was unique and it is in conflict to the Charter and he V~7TLL 'Veto the Resolution if it is passed. NIr. Grogan commented the i•~ayor should welcome a court bac}sing him up. He said is this a government by a i~iayor or by Council. Should we be dictated by a I~•ayor? i%ira Byrnes summed up a quote by saying that it means that not only does a Mayor have the right to veto, but must approve all legislative procedure. Nothing can be enacted to alter the Charter. Also the Charter imposed an obligation on the Law Director to draft all legislation for the Village. He said he was as}ted to draw up one piece of legislation that repealed an Ordinance providing for his salary. ?ti~hy was he not asked to draft Resolution 996: I~Ir. P,elic said speaking as an elected official, he didn't know about the legality of this legislation and Council would have to pass an Ord.