Wednesday, July 9, 2008

Mayor Wilder's Administration misreads the City Charter

Goldman for Mayor - 9 July 20009 - For Immediate Release

Mayor Wilder's Administration misreads the City Charter

Statement by the Mayor yesterday that the "City Charter states that the Mayor’s budget stands, and he can submit amendments at any time to adjust the budget as necessary" is legally incorrect.
(Richmond) - Paul Goldman, candidate for Mayor and author of the Elected Mayor law said today that "my friend Mayor Wilder is wrong in his interpretation of what he is obligated to do under the Elected Mayor law charter revisions if indeed his budget is, as he claims, the operative one for FY 2009."

"Assuming, for purposes of discussion, that the Wilder Administration wants to be taken seriously in this debate, then surely they can not have it both ways."

"As I pointed out earlier, Charter Section 6.16 imposes a specific and mandatory legal duty on the Mayor if his budget is the operative one and if he is going to keep the Council-passed tax rate." Charter section 6.16 reads:

6.16. Amendments after adoption.

..(c) If at any time during the fiscal year it appears probable to the Mayor that the revenue or fund balances available will be insufficient to finance the expenditures for which appropriations have been authorized, the Mayor shall report to the city council without delay, indicating the estimated amount of the deficit, any remedial action taken by the Mayor and recommendations as to any other steps to be taken. The council shall then take such further action as it deems necessary to prevent or reduce any deficit, and for that purpose it may by ordinance reduce one or more appropriations. [Emphasis added].

In a statement, Goldman continued:

"Since the Mayor has admitted that his budget, the one he says is the operative one, is out of balance and thus is a deficit budget requiring $ 6 million in cuts, then 6.16 applies immediately and imposes a clear legal obligation on the Mayor.

To date, the Mayor has not fulfilled this obligation."

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