HomeMy WebLinkAboutCommon Council's Power to Override a Decision by the BPW - 2004 E CEOVE1
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OFFICE OF THE CITY ATTORNEY
Martin A.Luster,City Attorney Telephone: 607/274-65Q
Patricia Dunn,Assistant City Attorney Fax: 607/274-6507
Robert A. Sarachan,Assistant City Attorney
Khandikile M.Sokoni,Associate Attorney
Dawn M.L.Tordel,Legal Assistant f n
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MEMORANDUM 'r •
s
To: Carolyn Peterson, Mayor
From: Patricia Dunn,Assistant City ItcFp '1 j Q4
Date: January 20, 2004
Subject: Common Council's Power to Override a Decision of the Board of Public Works
You asked me to research whether the Common Council can override a decision of the
Board of Public Works. This comes about because the Board of Public Works approved a
contract in the amount of$320,000.00 for a study of Taughannock Boulevard. Apparently, this
contract was approved over opposition by Common Council members. The Common Council
now wishes to overturn the decision of the Board of Public Works to approve the contract.
The language in the City of Ithaca Charter concerning Common Council's powers over
the Board of Public Works is rather ambiguous. Section C-61 of the Charter states: "The Board
of Public Works shall take charge and, subject to the limitations herein contained and the
direction and review of the Common Council, shall have control of the following departments of
the City government, of the property belonging thereto and of the appropriations made
therefore:" (Emphasis added.)
The question is whether the intent of the "direction and review" language is to direct
Common Council to take certain actions, such as to put up signs at certain intersections or to
plow certain streets first and to review BPW actions or if the "direction and review" language is
intended to override a decision of the Board.
Neither New York State case law nor Attorney General Opinions seem to address
Council control over a Board of Public Works. I reviewed the legislative intent here in the City
of Ithaca concerning the addition of the "direction and review" language to the Board of Public
Works Charter provision concerning scope of authority. The "direction and review" language
was added to the Charter by Local Law 1-1972, passed on February 10, 1972, and adopted on
February 22, 1972. The events leading up to the adoption of the "direction and review" language
are very similar to the current situation. A review of the Common Council minutes for January
and February of 1972 and the Board of Public Works minutes for the same period indicate that,
'An Equal Opportunity Employer with a commitment to workforce diversification." ��
Memo to Carolyn Peterson,Mayor
January 20, 2004
Page 2
at the time, the City was seeking a way to increase its water supply. The Board of Public Works
wanted to create an additional water supply and limit that to residents of the City of Ithaca. The
Common Council and Mayor, however, wanted to pursue negotiations with the Town of Ithaca
and others for an inter-municipal water supply. The Common Council and the Mayor had asked
the Board of Public Works to refrain from pursuing its course of action which was to approve a
study to draw water from Inlet Island. The Board of Public Works refused to do so and passed a
resolution to proceed. The conflict between Council and the BPW came to a head and a
proposed local law was introduced. There was considerable public controversy concerning the
local law and, as can be expected, opposition from the Board of Public Works.
Various alternatives were proposed, including a proposal by the Board of Public Works
that a two-thirds (2/3)majority of the Common Council should be required to override a decision
of the Board of Public Works and a resolution introduced to the Common Council to withhold
monies for a study of the Inlet Island alternative. Both the proposal and the resolution failed.
It is clear, from the minutes df the Common Council and the minutes of the Board of
Public Works during the time period of January and February 1972 that it was the intention of
the Common Council to pass a Local Law giving Common Council the power to override a
decision of the Board of Public Works.
In 1996, it was discovered that many local laws passed over the years actually should
have gone to mandatory referendum but had not. Local Law 1-1972 was one of these laws. An
Omnibus referendum item was placed before the electorate in 1996, after considerable study and
discussion. The referendum included the "direction and review" language adopted in 1972.
Thus, as late as 1996, Common Council intended to have the power to override a decision of the
Board of Public Works. Even were the minutes of the Common Council and the Board of Public
Works less clear, it is the position of the New York Conference of Mayors (I spoke with Donna
Gilaberto, Esq., on January 16, 2004) that the Common Council is an elected body whereas the
Board of Public Works is an appointed body. Therefore, if the City Charter is unclear, the
appointed body, BPW, is under the authority of the elected body, Common Council.
/dmlt
pc: Martin A. Luster, City Attorney
Common Council Members
William Gray,P.E., Superintendent of Public Works
K:\DUNN\Memoranda\Mayor re CC power to override BPW dec.doc