In an email to the City Recorder, City Attorney, and City Manager, Vice Mayor Ed Hagerty has challenged the right of Mayor Elam to have an ordinance “shredded.” Click here to read the full text of the email.
Here’s the relevant portion:
Despite her directive below to alter the ordinance, my opinion is that the
ordinance cannot be changed to read the way she would like. In fact, the
recent vote regarding the Paddocks with its major amendment would probably supercede the 2006 ordinance anyway.
The Mayor is welcome to bring it to the table for a vote. I do not
believe she has the authority nor power to direct the city recorder to
alter the ordinance.
There IS a discrepancy between the text of the ordinance and the description of the conditions as contained in the minutes. And that discrepancy probably should be resolved. Someone should watch and carefully listen to the videotape of the meeting from April 10, 2006. Oh and as an aside, the Mayor and Vice Mayor don’t really have to be “pack rats.” The ordinance and minutes have been available all along on the City’s website – that’s where the two links in this paragraph will take you.
But are the minutes right and the ordinance wrong? Or is the ordinance right and the minutes wrong?
If the ordinance is in error, it would seem that the only proper way to correct it would be for the commission to vote on amending the ordinance. The Mayor certainly doesn’t have the right to have an ordinance “shredded.” In fact, the Mayor doesn’t have the right to direct staff to do anything on her own. (See TCA 6-20-206.) The Mayor, like the other Commissioners, can exercise her power ONLY when the City Commission is meeting. Neither the Mayor, nor the Commissioners run the day-to-day operations of the City. The City Manager does. But try telling that to the Mayor.
And there’s another troubling aspect to this entire affair. Why is Mayor Elam fighting to reduce the amount of land to be donated by the developer? Why is Mayor Elam fighting harder on this issue than the developer is? The developer’s attorney conceded at the meeting Monday night and said, “Fine, we’ll donate eight acres.”
The Developer has stopped fighting and is willing to donate eight acres. Why is the Mayor fighting harder on his behalf than he is?
btw: Wasn’t Vice-Mayor Hagerty censured for directing city staff to do something, when he had no authority to do so? How does the Mayor’s action differ from the Vice Mayor’s?