HomeMy WebLinkAboutBPW - Exercise of "Power to Act" Resolution - 2011 111144,
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CITY OF ITHACA
if 1)1T_L-1* •� , 108 East Green Street Ithaca, New York 14850-5690
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q�• •-v., OFFICE OF THE CITY ATTORNEY
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�'4�`'••••' Norma W. Schwab, City Attorney Telephone: 607;'274-650-i
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Patricia Dunn,Assistant City Attorney Fax: 607;274-650"
Robert A. Sarachan,Assistant City Attorney t['•J 1
Khandikile M.Sokoni,Associate Attorney ' %t 4'
Dawn M.L.Tordel,Legal Assistant
MEMORANDUM se,s OD t
53
CicS OFFI
CE
To: Patricia Dunn, Assistant City Attorney
From: Khandikile M. Sokoni, Associate Attorney •-1`,.
Date: September 11, 2003
Subject: Board of Public Works—Exercise of the "Power to Act" Resolution
This memo addresses the issues regarding the Board of Public Works' (BPW) practice of
granting itself the power to act at its Committee of the Whole (COW) meetings.
Board of Public Works
Pursuant to §C-58(A) of the City Charter, the BPW is comprised of six members nominated by the
Mayor, subject to the consent of the majority of Common Council. The Mayor serves as the
presiding officer of the BPW.
§C-58(H) provides that: "A majority of the members of the Board of Public Works, exclusive of the
Mayor, shall be necessary for the transaction of business, but fewer than a majority may regularly
adjourn from time to time. The Board shall meet at such time as may be expedient or as it shall from
time to time designate. Special meetings may be called by the Mayor or by any three members of
the Board by 24 hours'written notice, which may be given either personally or by mail addressed
to the places of business or residence of said Commissioners, respectively."
Current Practice
The BPW currently meets on the 1st, 2nd and 3rd Wednesdays of the month. On the 1st and 3rd
Wednesdays they hold what is termed a"Committee of the Whole"(COW) meeting,whereas on the
2nd Wednesday they hold a "Regular Voting Meeting". I have not been able to discern the origin
of this practice although it seems to have been done this way since as far back as anyone can
remember (based on my conversations with Julie in the Clerk's Office and Donna Payne in the
Superintendent's Office). The only written record I could find that alludes to this meeting
arrangement is a January, 1987 BPW resolution outlining the meeting procedures for that year(copy
attached).
K:\KHANDPRESEARCH\BPW Power to Act.mem.doc 1
"An Equal Opportunity Employer with a commitment to workforce diversification."
The COW and the regular voting meeting consist of the exact same membership. These meetings
are only distinguishable in the following ways:
BPW Committee of the Whole Meetings BPW Regular Voting Meetings
1
Discussion only; no voting except when a Can Vote.
"Power to Act" resolution was passed at a
regular voting meeting. j
No public comment. i Public comment allowed.
Twice a month. Once a month
Staff person takes notes. 1 Minutes taken by the City Clerk's Office.
Power to Act.
When a matter comes up at a regular voting meeting on which the BPW is supposed to vote but for
whatever reason is unable to proceed with a vote then(e.g. if they require more information before
voting on a bid, and to wait for a next regular voting meeting would be too late), it is standard
practice for the Board to pass a resolution granting itself the "power to act"in order to vote on the
matter at a COW meeting. The issue at hand is whether this practice is proper.
This practice seems odd but is not illegal. Voting at a COW meeting does not violate any parameters
set in the City Charter: The present meeting schedule is permissible according to the terms of
Charter§C-58(H) which allows the Board to "meet at such time[s] as may be expedient or as it shall
from time to time designate". §C-58(J) further provides that:
"No contract involving the expenditure of moneys shall be made except by vote of a
majority of the members of the Board of Public Works. No obligation shall be incurred nor
money expended by the Board except by resolution duly passed by a majority of the
members thereof. In every case, the resolution and vote thereon shall be recorded in full in
the minutes of the Board".
Therefore, provided they have a majority of members present (exclusive of the Mayor) then there
is nothing to preclude them from voting at a COW meeting. Unlike committees of Common Council
which are a sub-group of the full Council, the BPW COW has the same composition as the full
BPW, therefore, formation of a quorum ought not to be an issue.
The practice seems odd for two reasons: Firstly, since legally there does not appear to be anything
that precludes them from voting at a COW meeting, they should be able to do so without a special
"Power to Act" resolution. Secondly, a resolution granting the power to act is a more appropriate
tool for a higher authority to delegate it's voting power to a body that does not have the power to do
so otherwise. Therefore, it seems strange that the BPW should be giving itself the power to do
K:\KHANDI\RESEARCH\BPW Power to Act.mem.doc 2
something. They could get around this awkward arrangement by either revising their meeting
procedures to provide for those instances when a vote can be taken at a COW meeting, or
alternatively by simply calling a special meeting (provided for in §C-58(H)1 for purposes of voting
when the necessity arises.
Can be called by the Mayor, or any 3 members of the BPW on at least 24 hours' notice.
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