Per City Code - Mayor Richard’s 11th Hour Contract Is Null and Void
Posted by Jeff Pruitt - 5/9/08 @ 8:00 am - Filed Under City Council, Featured
After reviewing the city code I don’t believe the council has to do anything to terminate the contract as I believe it’s already null and void. Here’s the city code citation and any of you lawyers out there should feel free to chime in and let us know what you think:
§ 38.03 HIRING OF CONSULTANTS.
(l) All contracts and/or contractual arrangements to employ or utilize the services of a consultant or consultants with the city, either for civil, governmental or utility purposes shall be approved by the Mayor or Board of Works and Safety of the city. Prior to the Mayor’s or the board of works and safety’s execution of the contracts and/or contractual arrangements, the Common Council shall certify and approve, by ordinance, the need for the services of a consultant or consultants when extrapolated over one full year, is equal to or greater than the amount specified in the ordinance governing approval of city and city utilities’ purchases of supplies.(2) All such contracts or agreements with a consultant(s), hereafter entered into without such prior approval by the Common Council, shall be null and void.
(3) In case of emergency only may the city enter into a contract or agreement for the hiring and employment of consultants without the necessity of prior approval by the Common Council.
(D) If any questions arise as to terms of any contracts for the employment of consultants by the city the City Controller or his/her representative or designee shall meet and confer with the Common Council for the purposes of answering any and all such questions.
At the very least, council should use section (D) and drag Pat Roller in front of council to answer some questions about this contract…
Comments
7 Responses to “Per City Code - Mayor Richard’s 11th Hour Contract Is Null and Void”
Leave a Reply
That section refers back §37.17 when it says when the contract taken over one full year exceeds the amount governing the purchasing of supplies and services. I will admit its a bit innocuous and unclear but that is what it is referring to. That means that the $100,000 per year threshhold still applies.
Jeff,
Perhaps it was an emergency.
I’d be interested in Jim Howard’s take on the transaction.
On 2nd reading I think Sullivan is right. But section d still applies so the council should request Roller’s presence asap
Fred
It was an emergency, the mayor was about to leave office!
Between last minute contracts, resignations from the Public Safety Academy, and the failed housing project at Harrison Square, I would say local Democrats are exhibiting an outstanding example of leadership. You get what you vote for.
Steve,
As Kalb would say, The Harrison is a bipartisan boondoggle…
“Bipartisanship” is why we need three parties.