Below is a transcript of part of this video. Section 0:15-6:33
Buffalo City Council Meeting September 17th 2012
My comments are in red.
Mayor Mead: "We've had a little bit of criticism lately of the city not following it's ordinances. It's been public criticism. It's kind of run the gamut to the cities been corrupt for the last 19 years to we're simply not following our ordinances and are in violation of the law. I've spent quite a bit of time discussing with our city attorney whether or not the city has violated it's laws, and the answer is no. I can tell the public kind of what happened after our first budget meeting. (An attorney's opinion is still an opinion. More educated than mine yes, but still an opinion.)
Debby (City Administrator) came to me and said, "Andrew, the way we've done things hasn't exactly reflected perfectly with what the laws may suggest." We discussed the notion of having the budget approved by the regular meeting in September, which is the first meeting in September. Debby mentioned, "hey I'll put together and ordinance, we'll send it to Travis (City Attorney) and we'll sure up any deficiencies in as much as, we make our ordinances mirror what we actually do." I said, "That's a good idea." At the time I thought it was and at the time Debby thought it was. I imagine I can't speak for you Travis but Travis at the time you thought it was a good idea.
After further review we found out it's not a good idea because we are in compliance with our laws. And let me go over that briefly. If you look at section 145.060 see below for entire ordinance the budget calendar it states in there, the Board of Alderman shall prepare the city budget in accordance with the following calendar. Now granted this is just a calendar. It doesn't set any strict and rigid rules. It sets forth what I would say are guidelines. It does state that the budget shall be submitted to the Board of Alderman at the regular meeting in September. Well if it's going to be submitted to the Board of Alderman that means it comes from someone else's hands, provided to the Board of Alderman by the regular meeting in September. That was in our hands, when was that Debby? First of August? Late July. What we need to look at for guidance is section 145.020 Budget Required. See below for entire ordinance. Prior to the commencement of each Fiscal Year, a budget for the City shall be prepared and presented to the Board of Alderman. We've got till October 1st to approve a budget.
If you look at 145.070 Budget Procedures See below for entire ordinance and I'm running through this rather quickly. It says to maximize to the extent practical and to the extent it does not conflict with state law this code or other ordinance budget shall be prepared in accordance with a guide to budgeting from Missouri Municipalities published by the Missouri Municipal League. There is a book out there that provides our guidelines for budgeting. It doesn't say this book is the law, it gives us a reference to guide us. The ordinance states "to the extent it does not conflict with state law, THIS CODE or other ordinance we use this guide."
Another statute that we've completely overlooked in this public debate and that's section 100.140 See below for entire ordinance. All general provisions, terms phrases and expressions contained in this code shall be liberally construed in order that the true intent and meaning of the Board of Alderman may be fully carried out. That means we look at our ordinances liberally, to carry out our intent, the boards intent. This ordinance is in reference to Article II Construction of Ordinances. They are to be constructed in this manner "in order that the full intent and meaning of the Board of Alderman may be carried out." I don't believe this ordinance imply's that anyone should be interpreting every city ordinance liberally as they see fit. What about the traffic ordinances or the ordinances pertaining to public health and safety. Are we going to allow citizens the same freedom to liberally interpret ordinances? That makes no sense.
Our city attorney has looked at our laws and has come the the conclusion that we are not in violation thereof. Is that correct?"
City Attorney: "It is."
Mayor Mead: "So it's my opinion that we continue forward as we always have, not violating our laws. The question was put out there, "Do Ordinances Really Matter?" The truth is ladies and gentlemen, sometimes they don't. I wholeheartedly disagree with this statement. Who decides which ones matter and which ones don't? These ordinances are guidelines for us to follow. There's no enumerating penalty if we fail to prepare a budget and approve it by October 1st. They don't fine the mayor. They don't put Jim Piper (Alderman Piper) in prison. There are no enumerated penalties for violating these ordinances. The city doesn't have to pay a fine to the city. We simply strive to do better. Striving to do better was my suggestion from the beginning. We should obey the law in the same manner we expect the citizens of Buffalo to do so. There is also a section that I posted previously detailing punishments for violating the ordinances. Jail time and fines were mentioned. It is Section 100.200 We strive to adhere to these guidelines. We strive to present a budget that is a responsible budget for the city.
Now, there are six people up here who probably feel pretty strongly I've just wasted the first six minutes of our meeting. Does everyone understand that we're ok with our ordinances? Does anyone have any questions? This is a public meeting I understand how it's a lot more fulfilling to go out and post things on the internet and insult people."
Alderman Horn: "I did not insult anyone. I simply stated what I believe to be a fact and I stand by everything I wrote. I do believe that we were not adhering to the guidelines that the ordinance laid out for us. We did not participate in the process of building the budget. It was given to us in seven pages pretty much done, for us to rubber stamp. I disagree with a lot of what you've said tonight."
Mayor Mead: "I understand that mam and you have the opinion of the city attorney and you have an opinion of a second attorney and I understand you may not agree with the attorney's opinions as they pertain to the law. You don't have to that's fine. My question to the public is are there any questions? There are no questions so I'll consider this matter resolved and put behind us." I don't consider this resolved and I stand by everything I've previously said or written in regards to this matter. The ordinance violation for the proper procedure in presenting an ordinance was not considered in this statement either.
Section 100.140 Article II Construction of Ordinances
All general provisions, terms, phrases and expressions contained in this Code shall be liberally construed in order that the true intent and meaning of the Board of Aldermen may be fully carried out. Technical words and phrases having a peculiar and appropriate meaning gin law shall be understood according to the technical import. I believe this pertains to construction of ordinances not in how we are to interpret them.
Section 145.020 Budget Required
Prior to the commencement of each Fiscal Year, a budget for the City shall be prepared, and the same will be presented to and approved by the Board of Aldermen. The format of the budget shall be on file in the City Clerk's office.
Section 145.060
The Board of Aldermen shall prepare the City Budget in accordance with the following calendar:
1. First, the Board of Aldermen will collect the data necessary and make preliminary revenue estimates for the coming fiscal year. They will estimate expenditures for the present year, and note expenditures and revenues for the previous two fiscal years. I understand the City Administrator is a key player in gathering the necessary data. However up to this point the expenditures and revenues for the previous two fiscal years has not been considered in any discussion.
2. Second, the Board of Aldermen will request from each city officer a statement of expenditures requested for the coming fiscal year.
3. Third the city board will review the departmental requests and make their final revenue estimates for the coming fiscal year, and will confer with department heads to discuss these requests. This was not done last year. I specifically requested we meet with department heads which we did.
4. Fourth, the Board of Alderman will begin assembling the City Budget.
5. Fifth, the Board of Aldermen will confer with the Mayor and any such other officers as the Mayor may designate, for preparation of the City Budget for the next fiscal year to be submitted to the Board of Alderman.
6. The budget shall be submitted to the Board of Aldermen at the regular meeting in September.
It seems to me that AFTER the Board of Alderman completes the previous tasks and builds a budget, this would be the final prepared budget presented to vote upon.
145.070 Budget Procedures
To the maximum extent practicable, and to the extent it does not conflict with State law, this Code, or other ordinance, the budget shall be prepared in accordance with "A Guide to Budgeting for Missouri Municipalities" published by the Missouri Municipal League. I will be comparing what we do with this publication.
Article III. Penalties
Section 100.200: General Penalty
A) Whenever in this Code or other ordinance of the city, or in any rule, regulation, notice or order promulgated by any officer or agency of the City under authority duly vested in him/her or it, any act is prohibited or is declared to be unlawful or an offense or the doing of any act is required or the failure to do any act is declared to be unlawful or an offense, and no specific penalty is provided for the violation of any such provision of this code or any such ordinance, rule, regulation, notice or order, the violator shall be punished by a fine not exceeding five hundred dollars ($500.00) or by imprisonment in the City or County Jail not exceeding ninety (90) days, or by both such fine and punishment; provided that in any case wherein the City and State have a penalty for the same offense, the statutory penalty shall apply, except that imprisonments, when made under city ordinances, may be in the city prison or workhouse, instead of the county jail.
B) Every Day a Violation. Every day any violation of this code or any other ordinance or any such rule, regulation, notice or order shall continue shall constitute a separate offense.
C) Responsibility. Whenever any act is prohibited by this code, by an amendment thereof, or by any rule or regulation adopted thereunder, such prohibition shall extend to and include the causing, securing, aiding, or abetting of another person to do said act. Whenever any act is prohibited by this code, an attempt to do the act is likewise prohibited.
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