Thursday, September 2, 2010

New Philadelphia Council President Oversteps Legal Authority

Last Monday, August 30, the Council President’s “ad hoc” committee met to discuss pay raises for elected officials and appointed supervisors and department heads. The Council President, Mr. Day, feels that the current wage levels are not commensurate with the positions and effort those individuals put into their jobs. While Mr. Day feels the pay is too low, many tax paying citizens feel the pay is too high.

The Council President has a specific position in New Philadelphia city government. He is elected by the populace to his seat every four years. He is elected to be Council President, a position which is a separate, autonomous, position not related to City Council itself. The duties of the Council President are to moderate the council meetings, make committee assignments, and act as parliamentarian should questions of procedure arise. The Council President is not an elected member of the City Council. He has no vote on legislation other than to break a tie vote should that be necessary. By State Code, the Council President is defined specifically as a member of the Administration.

No mention is made in the State Code or City Ordinances which allows the Council President to become actively involved in actions within the City Council, including taking part in discussions by City Council or its committees. Robert’s Rules of Order specifically states the Council President is not allowed to speak from his chair on any matter of legislation under discussion by City Council during either a general or committee meeting while presiding. In short, the Council President of New Philadelphia is prohibited from commenting on, or contributing to, any legislative discussion going on in council meetings. His job is moderation of legislative meetings of the City Council, no more, no less.

The Council President’s moderation tasks include the assignment of proposed legislation to the proper City Council Committee. There are seven committees in the City Council: Finance; Salary; Safety, Health, and Service; Public Works and Economic Development; Zoning and Annexation; Special and Contact; and Parks and Cemetery. It is in these committees that the legislative business of the City is to be conducted The assignment of legislative matters to the proper committee is the responsibility of the President of Council. If finances are involved it goes to the Finance Committee, road construction goes to Public Works, wages and benefits go to the Salary Committee.

How did these committees come into being? Robert’s Rules of Order, which applies when there is no other ordinance or law, is explicit about this. The Council President is forbidden to create a committee for any reason without the City Council’s permission as expressed in the passage of legislation to do so. In the case of an ad hoc committee, Robert’s Rules of Order is specific, stating “a special committee may not be appointed to perform a task that falls within the assigned function of an existing committee.”

Chairmen of committees are appointed when the committee members are appointed to the committee by the Council President, the chairmanship going to the first member appointed to the committee. Members of legislative committees, such as those of City Council, are appointed from elected members of the City Council. and may only be done with the approval of the City Council. The appointments are irrevocable except by action of City Council, the assignments lasting for the entire council term, that is, from one Council election to the next, in New Philadelphia a two year span. Individuals who are not elected to City Council cannot serve on a City Council Committee.

That being said, the legality of the ad-hoc committee, appointed by Council President Day, to recommend legislation for pay raises for non-bargaining New Philadelphia city employees, comes into question. While wage levels of the administration and city department heads and supervisors merit investigation and consideration by City Council, the methods employed by President Day to do this are highly questionable.

President Day created the ad-hoc committee without the formal approval of City Council. This in itself is questionable as it specifically relates to salaries, a subject which without argument falls under the responsibility of the Salary Committee. This action is unwarranted by Robert’s Rules of Order, precedents sent by previous City Councils, State Legislatures, and both Houses of the United States Congress.

President Day appointed himself as the Chairman of this ad-hoc committee in direct violation of all law and precedent as he is not a member of the New Philadelphia City Council and has no legal nor ethical right to sit on any New Philadelphia City Council committee. The President of Council has no authority to speak on legislative matters nor offer opinions on legislative matters. His sole function is moderation of meetings of the City Council which does not include his participation in discussions of matters being discussed on the Council floor.

President of Council Day exceeded his authority when he appointed the current ad-hoc committee without the legislative approval of City Council.

President of Council Day acted illegally when he appointed himself chairman of the current ad-hoc committee. The office of President of Council is by law an administrative position and as such has no authority to act as a member of the city council or its committees, nor take part, except as a guest, in any discussions within the city council.

President of Council Day acted improperly when he created an ah-hoc committee to bypass the standing Salary Committee in which this inquiry legally belongs.

Are more pay raises so important that the integrity of the New Philadelphia City Council is to be trashed by members of the Administration? What can we expect next?

1 comment:

  1. You are grasping at strings! Just be mild mannerd and soft spoken and ride off without looking back, because no one in new phila is looking for you!






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