Wilder, Council failing to follow City Charter: budget feud can be fairly resolved by following the process put into Charter for this situation.

Goldman for Mayor - 24 July 2008 - For Immediate Release - Contact, 804-833-6313


City Charter, as amended by the Elected Mayor law revisions, can resolve the budget feud without a wasteful law suit.

(Richmond) - Paul Goldman, candidate for Mayor, said today that " the City Charter, as amended by the Elected Mayor law revisions, anticipated the kind of fiscally irresponsible budget politics we are seeing from City Hall and City Council by having in place a process that will work to balance the budget and do the people's business without a law suit if our elected officials will put the public interest ahead of their political budget feuding."

Goldman pointed out that "Section 6.16 of the City Charter, according to what is available on the General Assembly website, reads as follows after the last General Assembly revision:

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:

"The above process offers a responsible way to resolve the current feud between City Hall and City Council without a law suit, assuming each side will put the public interest ahead of their selfish political interests.

Since the Wilder Administration say it's budget is the legal one, then Section 6.16 imposes a clear legal obligation on the Mayor given his statement that his budget has a big deficit.

The Mayor can not have it both ways: if is right and the City Council failed to pass it's budget in the time required by the Charter, then he has now failed to report to the Council as required by the Charter.

As for the City Council, they seem incapable of showing any leadership except to leading the way to the local courthouse. .

But as we can see from the above Charter section, this is totally unnecessary.

Instead, the Council should call on the Mayor to report to the city council without delay since Mr. Wilder says the budget is millions in the red. Given the language in the Charter, the Mayor has no option, since the word "shall" has an accepted legal definition. Moreover, if the Mayor were to refuse, then he would effectively negate his legal claim as regards his budget.

Once the Mayor responds as legally required, the Council can then make whatever appropriate budget adjustments a majority feel is necessary. The Mayor then has the option of using his veto, and the Council the power of override.

While it is not a perfect solution, it serves the public interest in a responsible, timely and balanced fashion while avoiding the acrimony of yet another expensive law suit if City Hall and the City Council are finally willing to put the public interest first."

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