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.
Tuesday, September 18, 2012
Tuesday, September 11, 2012
Do City Ordinances Really Matter???
Transcript of video from 5:06 to 13:20
Buffalo City Council Meeting September 10th 2012
My comments are in red.
Alderman Horn: "I have a question Debby, about your report. It's about the new activities, I'm going to read it so everyone sitting here can see what I see. "Attached is a new ordinance to change the ordinance section to how it is done. Please let me know if anything needs changed as I would like it approved by the September 24th meeting."
I was brought into the mayors office before this meeting, and chastised for my opinions regarding this. (Mayor Mead said if I would have called him, he would have explained this ordinance was only to enable us to be able to pass the budget. He also stated he was just trying to save me from myself.... What has disabled the council from passing the budget in the past that it needed changing now? And why bother changing it now if the ordinance hasn't been followed for 19 years? I believe everything that goes on with our city council should be public knowledge, we should obey the ordinances and strive for transparency. That is all I'm trying to do. I don't need saving.)
I just want to make it public that the budget ordinance that we have currently, is not being followed. We have in our administration report, she has submitted a new proposal. (Ordinance Section 110.250 outlines the proper procedure for introducing an ordinance. You can find that at the bottom of this posting)
I don't know if anyone would like to see what the new proposal is, but it is not the same as our current budget ordinance. It changes quite a few things to give quite a bit of responsibility to two people, the mayor and our city administrator. Did anyone else on the council notice this at all?"
Alderman Stafford: "I had no problems with it. I noticed it but had no problems with it."
Mayor Mead: "You'd asked a question and I'd like Debby (City Administrator) to respond to that, regarding we're not following our ordinances as currently written."
City Administrator: "This is the way that it's been done for the last 19 years. So this is the way the board's been doing it. The board's never come up with the revenue estimates, the board has never put the preliminary data together, the board has never contacted the department heads and asked them to give their estimates for the year. I've always put the preliminary budget together, then we start having budget meetings with, at one point there was a budget committee but now it's the whole council and then you guys decide what you want put in the budget. (This could be why the budgets are so confusing. The board of alderman needs to be more involved. I believe that is why the current ordinance is written the way it is. I think the city administrator is essential in performing these tasks but the council should be involved in the process and have access to all of this information)
This was not supposed to be me putting the budget together this was what I do now. (What she does now is she puts the budget together.)
I did check with three other cities and the three other cities all do it, have a person in that spot. They all have a budget calendar just like ours. Ozark has their budget officer named which is their city administrator. Fairgrove has their city clerk named first in all of those. Camdenton has a budget officer which is defined as a finance person, the mayor and the city clerk. So I didn't think there was anything out of line. (The point is we're not following the ordinance. If these other cities have this process as their current ordinance they're complying with an existing law. My point is we are not.)
I was just trying to fix an ordinance and the only reason it even came up is I brought it to Andrew's (Mayor Mead) attention that the number six in the previous ordinance said that it had to be adopted at the regular meeting in September and we didn't have it ready to adopt. In the 19 years I've been here we've had it adopted one time at the regular meeting in September. So that is what we were actually trying to fix. I was just trying to fix the rest of it to how we actually do it." (Why not fix how we actually do it to what the ordinance says? Number 6 of Section 145.060 says "The budget shall be submitted to the Board of Aldermen at the regular meeting in September." I don't see anything to say it has to be approved at that time. However, the new proposed ordinance does have that language in there. So when the mayor and city administrator imply we have to pass this ordinance because it says we have to adopt the budget at this time that is incorrect... The current ordinance does not have that requirement.)
Alderman Horn: "Well I'm new and when I was sworn in, I was sworn to uphold the ordinances of the city of Buffalo and I've made every effort to try to get to know these ordinances. I'm not an expert but I do believe that everyone else on this council took the same oath that I took. This is not the only ordinance we're not following. No offense Debby but you don't have the authority to propose an ordinance. (Once again see Section 110.250 for the procedure to introduce an ordinance.)
There's a proper procedure in that one of the alderman are supposed to submit it to our city attorney and then it's supposed to be presented to the council. We're not doing these things correctly because we're not abiding by our city ordinances. We're not going to them and trying to figure out what they say. We're just doing whatever we want to do and I don't think that's right."
City Administrator: "There was no disrespect intended Kristie (Alderman Horn), I was doing things the way we've always done them." (We should be obeying the law.)
Alderman Rieschel: "Let me comment on this. If Donald Duck wants to propose an ordinance to this council he can do it. We'll look over that ordinance, and we'll vote on it. I guarantee the senate of the United States does not write our Federal laws, neither does the state. I was on the school board for six years. It was done pretty much the same way it's done. I think it's nitpicking to come in here, we're trying to conduct business. Debby (City Administrator) does a good job, she's done it a long time and it's absolutely ridiculous to come in here and question it. I'm not going to vote for that ordinance. I've written one ordinance this year and if I like Debby's ordinance, that's fine. As far as I'm concerned keep doing it exactly the way you're doing it. And I don't like your reference to my oath of office. I take it very very seriously and that's another example of nitpicking and you need to quit doing it."
Alderman Horn: "I'm not trying to nitpick. I just, as an average citizen, I am a citizen in the city of Buffalo and I care about the integrity of everyone sitting up here. I think we should all take this more seriously."
Mayor Mead: "Miss Horn and I'll ask you, you stated that our ordinances require our alderman to prepare the budget correct?"
Alderman Horn: "It does."
Mayor Mead: "And that our board has to approve it by the first regular meeting in September. Is that correct?"
Alderman Horn: "That's what it says."
Mayor Mead: "Have you done anything to prepare our budget? Do you have a budget ready prepared to present to the board for us to vote on this evening?"
Alderman Horn: "We're supposed to do that together and this is something that was just brought to my attention."
Mayor Mead: "Have you done anything?"
Alderman Horn: "Yes, I've attended every meeting and I've tried diligently to read the ordinances and understand them because I believe that this is what's supposed to be our guide. Not just what we think. There's laws theres a reason for laws. We should follow them." (I've also tried very hard to ask questions at meetings regarding the budget. I've asked for help from professionals who are experienced in budgeting. Everyone is as confused as I am by what's been presented.)
Mayor Mead: "Do you think it would be wise to tailor our laws to mirror what we're doing to what's efficient and what's been effective or do you have a budget to present for passage this evening?"
Alderman Horn: "That's not my responsibility. That's the councils responsibility. As a whole it is our responsibility."
Mayor Mead: "Have you done anything above and beyond what the other five alderman have done?"
Alderman Horn: "I'm not insinuating that I have. I am just stating and bringing it to the boards attention that we are not following the city ordinances."
Mayor Mead: "Ok. Again would it be out of line to propose and ordinance that would make it easier for us to get our budget passed?"
Alderman Horn: "It would but we need to follow the ordinances until such time as we change them. We can't do as we please and then change it to suit us that's wrong. We would be outraged if our Federal government were doing this. I am outraged I think this is not the way things should be done."
Mayor Mead: "Any other questions regarding administration? Any other comments by our administration?"
Section 110.250 Procedure as to Ordinances, Resolutions, ETC.
All ordinances and resolutions shall be introduced to the Board of Aldermen in written form with the name of the Alderman introducing the same endorsed thereon. All proposed ordinances shall be prepared by the City Attorney or bear his/her certification that they are in correct form. A copy thereof shall be sent to each member of the Board of Aldermen in advance of the meeting, to which copy shall be attached a brief resume of the bill together with the reasons for introduction thereof (as prepared by the proponent thereof), and if any amendment of an existing ordinance is proposed, the nature of the change sought to be made. Failure to follow the procedure shall not invalidate any ordinance or resolution adopted by the Board of Alderman.
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.
Section 110.060 Mayor Duties
Power to Enforce Laws
The Mayor shall be active and vigilant in enforcing all laws and this code or other ordinances for the government of the city, and he/she shall cause all subordinate officers to be dealt with promptly for any neglect or violation of duty; and he/she is hereby authorized to call on every male inhabitant of the city over eighteen (18) years of age and under fifty (50) to aid in enforcing the laws.
Section 115.040 Officers Oath Bond
Every Officer of the City and his/her assistants, and every Alderman, before entering upon the duties of his/her office, shall take and subscribe to an oath or affirmation before some court of record in the county, or the City Clerk, that he/she possesses all the qualifications prescribed for his/her office by law; that he/she will support the Constitution of the United States and of the State of Missouri, the provisions of all laws of this State, and the ordinances of the City, and faithfully demean himself/herself while in office; which official oath or affirmation shall be filed with the City Clerk. Every officer of the corporation, when required by law or ordinance, shall, within fifteen (15) days after his/her appointment or election, and before entering upon the discharge of the duties of his/her office, give bond to the city in such sum and with such sureties as may be designated by ordinance, conditioned upon the faithful performance of his/her duty, and that he/she will pay over all monies belonging to the city, as provided by law, that may come into his/her hands. If any person elected or appointed to any office shall fail to take and subscribe such oath or affirmation, or to give bond as herein required, his/her office shall be deemed vacant. For any breach of condition of any such bond, suit may be instituted thereon by the City, or by any person in the name of the City to the use of such person.
Section 135.010 Violations Heard and Determined
Pursuant to section 479.040., 1986, violations of municipal ordinances shall be heard and determined by the Associate Circuit Judge of Dallas County, Missouri.
Buffalo City Council Meeting September 10th 2012
My comments are in red.
Alderman Horn: "I have a question Debby, about your report. It's about the new activities, I'm going to read it so everyone sitting here can see what I see. "Attached is a new ordinance to change the ordinance section to how it is done. Please let me know if anything needs changed as I would like it approved by the September 24th meeting."
I was brought into the mayors office before this meeting, and chastised for my opinions regarding this. (Mayor Mead said if I would have called him, he would have explained this ordinance was only to enable us to be able to pass the budget. He also stated he was just trying to save me from myself.... What has disabled the council from passing the budget in the past that it needed changing now? And why bother changing it now if the ordinance hasn't been followed for 19 years? I believe everything that goes on with our city council should be public knowledge, we should obey the ordinances and strive for transparency. That is all I'm trying to do. I don't need saving.)
I just want to make it public that the budget ordinance that we have currently, is not being followed. We have in our administration report, she has submitted a new proposal. (Ordinance Section 110.250 outlines the proper procedure for introducing an ordinance. You can find that at the bottom of this posting)
I don't know if anyone would like to see what the new proposal is, but it is not the same as our current budget ordinance. It changes quite a few things to give quite a bit of responsibility to two people, the mayor and our city administrator. Did anyone else on the council notice this at all?"
Alderman Stafford: "I had no problems with it. I noticed it but had no problems with it."
Mayor Mead: "You'd asked a question and I'd like Debby (City Administrator) to respond to that, regarding we're not following our ordinances as currently written."
City Administrator: "This is the way that it's been done for the last 19 years. So this is the way the board's been doing it. The board's never come up with the revenue estimates, the board has never put the preliminary data together, the board has never contacted the department heads and asked them to give their estimates for the year. I've always put the preliminary budget together, then we start having budget meetings with, at one point there was a budget committee but now it's the whole council and then you guys decide what you want put in the budget. (This could be why the budgets are so confusing. The board of alderman needs to be more involved. I believe that is why the current ordinance is written the way it is. I think the city administrator is essential in performing these tasks but the council should be involved in the process and have access to all of this information)
This was not supposed to be me putting the budget together this was what I do now. (What she does now is she puts the budget together.)
I did check with three other cities and the three other cities all do it, have a person in that spot. They all have a budget calendar just like ours. Ozark has their budget officer named which is their city administrator. Fairgrove has their city clerk named first in all of those. Camdenton has a budget officer which is defined as a finance person, the mayor and the city clerk. So I didn't think there was anything out of line. (The point is we're not following the ordinance. If these other cities have this process as their current ordinance they're complying with an existing law. My point is we are not.)
I was just trying to fix an ordinance and the only reason it even came up is I brought it to Andrew's (Mayor Mead) attention that the number six in the previous ordinance said that it had to be adopted at the regular meeting in September and we didn't have it ready to adopt. In the 19 years I've been here we've had it adopted one time at the regular meeting in September. So that is what we were actually trying to fix. I was just trying to fix the rest of it to how we actually do it." (Why not fix how we actually do it to what the ordinance says? Number 6 of Section 145.060 says "The budget shall be submitted to the Board of Aldermen at the regular meeting in September." I don't see anything to say it has to be approved at that time. However, the new proposed ordinance does have that language in there. So when the mayor and city administrator imply we have to pass this ordinance because it says we have to adopt the budget at this time that is incorrect... The current ordinance does not have that requirement.)
Alderman Horn: "Well I'm new and when I was sworn in, I was sworn to uphold the ordinances of the city of Buffalo and I've made every effort to try to get to know these ordinances. I'm not an expert but I do believe that everyone else on this council took the same oath that I took. This is not the only ordinance we're not following. No offense Debby but you don't have the authority to propose an ordinance. (Once again see Section 110.250 for the procedure to introduce an ordinance.)
There's a proper procedure in that one of the alderman are supposed to submit it to our city attorney and then it's supposed to be presented to the council. We're not doing these things correctly because we're not abiding by our city ordinances. We're not going to them and trying to figure out what they say. We're just doing whatever we want to do and I don't think that's right."
City Administrator: "There was no disrespect intended Kristie (Alderman Horn), I was doing things the way we've always done them." (We should be obeying the law.)
Alderman Rieschel: "Let me comment on this. If Donald Duck wants to propose an ordinance to this council he can do it. We'll look over that ordinance, and we'll vote on it. I guarantee the senate of the United States does not write our Federal laws, neither does the state. I was on the school board for six years. It was done pretty much the same way it's done. I think it's nitpicking to come in here, we're trying to conduct business. Debby (City Administrator) does a good job, she's done it a long time and it's absolutely ridiculous to come in here and question it. I'm not going to vote for that ordinance. I've written one ordinance this year and if I like Debby's ordinance, that's fine. As far as I'm concerned keep doing it exactly the way you're doing it. And I don't like your reference to my oath of office. I take it very very seriously and that's another example of nitpicking and you need to quit doing it."
Alderman Horn: "I'm not trying to nitpick. I just, as an average citizen, I am a citizen in the city of Buffalo and I care about the integrity of everyone sitting up here. I think we should all take this more seriously."
Mayor Mead: "Miss Horn and I'll ask you, you stated that our ordinances require our alderman to prepare the budget correct?"
Alderman Horn: "It does."
Mayor Mead: "And that our board has to approve it by the first regular meeting in September. Is that correct?"
Alderman Horn: "That's what it says."
Mayor Mead: "Have you done anything to prepare our budget? Do you have a budget ready prepared to present to the board for us to vote on this evening?"
Alderman Horn: "We're supposed to do that together and this is something that was just brought to my attention."
Mayor Mead: "Have you done anything?"
Alderman Horn: "Yes, I've attended every meeting and I've tried diligently to read the ordinances and understand them because I believe that this is what's supposed to be our guide. Not just what we think. There's laws theres a reason for laws. We should follow them." (I've also tried very hard to ask questions at meetings regarding the budget. I've asked for help from professionals who are experienced in budgeting. Everyone is as confused as I am by what's been presented.)
Mayor Mead: "Do you think it would be wise to tailor our laws to mirror what we're doing to what's efficient and what's been effective or do you have a budget to present for passage this evening?"
Alderman Horn: "That's not my responsibility. That's the councils responsibility. As a whole it is our responsibility."
Mayor Mead: "Have you done anything above and beyond what the other five alderman have done?"
Alderman Horn: "I'm not insinuating that I have. I am just stating and bringing it to the boards attention that we are not following the city ordinances."
Mayor Mead: "Ok. Again would it be out of line to propose and ordinance that would make it easier for us to get our budget passed?"
Alderman Horn: "It would but we need to follow the ordinances until such time as we change them. We can't do as we please and then change it to suit us that's wrong. We would be outraged if our Federal government were doing this. I am outraged I think this is not the way things should be done."
Mayor Mead: "Any other questions regarding administration? Any other comments by our administration?"
Section 110.250 Procedure as to Ordinances, Resolutions, ETC.
All ordinances and resolutions shall be introduced to the Board of Aldermen in written form with the name of the Alderman introducing the same endorsed thereon. All proposed ordinances shall be prepared by the City Attorney or bear his/her certification that they are in correct form. A copy thereof shall be sent to each member of the Board of Aldermen in advance of the meeting, to which copy shall be attached a brief resume of the bill together with the reasons for introduction thereof (as prepared by the proponent thereof), and if any amendment of an existing ordinance is proposed, the nature of the change sought to be made. Failure to follow the procedure shall not invalidate any ordinance or resolution adopted by the Board of Alderman.
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.
Section 110.060 Mayor Duties
Power to Enforce Laws
The Mayor shall be active and vigilant in enforcing all laws and this code or other ordinances for the government of the city, and he/she shall cause all subordinate officers to be dealt with promptly for any neglect or violation of duty; and he/she is hereby authorized to call on every male inhabitant of the city over eighteen (18) years of age and under fifty (50) to aid in enforcing the laws.
Section 115.040 Officers Oath Bond
Every Officer of the City and his/her assistants, and every Alderman, before entering upon the duties of his/her office, shall take and subscribe to an oath or affirmation before some court of record in the county, or the City Clerk, that he/she possesses all the qualifications prescribed for his/her office by law; that he/she will support the Constitution of the United States and of the State of Missouri, the provisions of all laws of this State, and the ordinances of the City, and faithfully demean himself/herself while in office; which official oath or affirmation shall be filed with the City Clerk. Every officer of the corporation, when required by law or ordinance, shall, within fifteen (15) days after his/her appointment or election, and before entering upon the discharge of the duties of his/her office, give bond to the city in such sum and with such sureties as may be designated by ordinance, conditioned upon the faithful performance of his/her duty, and that he/she will pay over all monies belonging to the city, as provided by law, that may come into his/her hands. If any person elected or appointed to any office shall fail to take and subscribe such oath or affirmation, or to give bond as herein required, his/her office shall be deemed vacant. For any breach of condition of any such bond, suit may be instituted thereon by the City, or by any person in the name of the City to the use of such person.
Section 135.010 Violations Heard and Determined
Pursuant to section 479.040., 1986, violations of municipal ordinances shall be heard and determined by the Associate Circuit Judge of Dallas County, Missouri.
Friday, September 7, 2012
Budget Ordinance Change Proposed By Mayors Assistant???
On Monday September 10th, 2012, the Buffalo Missouri Board of Alderman will be presented with an ordinance proposed by the Administrative Assistant to the Mayor. In her monthly Administration Report she states, "Attached is a new ordinance to change the budget section to how it is done. Please let me know if anything needs changed, as I would like to have it approved at the September 24th meeting."
I have a few problems with this...
Section 110.250: Of the City of Buffalo Code Book States...
PROCEDURE AS TO ORDINANCES, RESOLUTIONS, ETC.
All ordinances and resolutions shall be introduced to the Board of Aldermen in written form with the name of the Alderman introducing the same endorsed thereon. All proposed ordinances shall be prepared by the City Attorney or bear his/her certification that they are in correct form. A copy thereof shall be sent to each member of the Board of Aldermen in advance of the meeting, to which copy shall be attached a brief resume of the bill together with the reasons for introduction thereof (as prepared by the proponent thereof), and if any amendment of an existing ordinance is proposed, the nature of the change sought to be made. Failure to follow the procedure shall not invalidate any ordinance or resolution adopted by the Board of Aldermen.
I don't see anywhere in this ordinance that states the Administrative Assistant to the Mayor has authority to propose an ordinance. I also want to point out the ordinance states all proposed ordinances shall be prepared by the City Attorney...
Now on to the "proposed" ordinance... My comments will be included in red.
AN ORDINANCE REPEALING SECTION 145.060 RELATED TO BUDGET CALENDAR AND ENACTING A NEW SECTION 145.060 RELATED TO THE SAME
WHEREAS, It has been found and determined by the Board of Alderman they should modify budget section of City Code to be concurrent with calendar that is in practice. I don't believe I missed a meeting but I don't recall it ever being found and determined by the Board of Alderman that we should modify the budget section of the city code. Maybe that means it will be decided if we enact this ordinance? NOW, THEREFORE,
BE IT ORDAINED BY THE BOARD OF ALDERMAN OF THE CITY OF BUFFALO, MISSOURI, AS FOLLOWS:
Section 1. Repeal. Section 145.060 of the Code of Ordinances of the City of Buffalo and all amendments thereto are hereby repealed. The code to be repealed says the following...
Section 145.060 BUDGET CALENDAR 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 (2) fiscal years.
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.
4. Fourth, the Board of Aldermen 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.
Section 2. Enactment. There is hereby enacted the following ordinance to be known as Section 145.060 of the Code of Ordinances of the City of Buffalo read as follows:
SECTION 145.060 BUDGET CALENDAR
The Administrative Assistant in consultation with the Mayor shall prepare the City Budget in accordance with the following calendar. Notice please that this proposed ordinance, that was submitted by the Administrative Assistant to the Mayor, will exclude the 6 City Alderman from preparing the City Budget. Are you taxpayers comfortable with 2 people having the authority to decide how our tax dollars are spent???
1. In July of each year, the Administrative Assistant will request from each Department Head a statement of expenditures requested for the coming fiscal year.
2. The Administrative Assistant will collect the data necessary, and make preliminary revenue estimates for the coming fiscal year.
3. The Administrative Assistant 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.
4. The Administrative Assistant shall prepare a preliminary budget based on the revenue estimates calculated and department head expenditure requests. Please notice that in the current code each of these tasks are delegated to the Board of Alderman to carry out... One through four will now be the sole discretion of the Administrative Assistant...
5. The Board of Alderman will meet to discuss the preliminary budget and meet with such department heads as they see fit before approving the final budget for the next fiscal year. I speak from experience when I say, it is already confusing enough for the City Alderman with the current accounting methods being used. Notice this ordinance turns over a lot of control to ONE PERSON. Is that good government???
6. The final budget shall be submitted to the Board of Aldermen and approved prior to the end of September. With the current system it is very difficult to understand the budget. Cutting the Aldermen out of the process is only going to make things harder.
Section 3. Effective Date. This ordinance shall be in full force and effect beginning with the next succeeding term of the Mayor's office and at the time, all ordinances or parts of ordinances in conflict herewith shall hereby be repealed.
Ok no more red font. Whether you are a citizen of the city of Buffalo or not I value your opinion on this matter. I believe there is wisdom in a multitude of counselors. I am sincerely asking for input from the citizens I represent but if they will not give it... I will take what I can get. What are your thoughts?
I have a few problems with this...
Section 110.250: Of the City of Buffalo Code Book States...
PROCEDURE AS TO ORDINANCES, RESOLUTIONS, ETC.
All ordinances and resolutions shall be introduced to the Board of Aldermen in written form with the name of the Alderman introducing the same endorsed thereon. All proposed ordinances shall be prepared by the City Attorney or bear his/her certification that they are in correct form. A copy thereof shall be sent to each member of the Board of Aldermen in advance of the meeting, to which copy shall be attached a brief resume of the bill together with the reasons for introduction thereof (as prepared by the proponent thereof), and if any amendment of an existing ordinance is proposed, the nature of the change sought to be made. Failure to follow the procedure shall not invalidate any ordinance or resolution adopted by the Board of Aldermen.
I don't see anywhere in this ordinance that states the Administrative Assistant to the Mayor has authority to propose an ordinance. I also want to point out the ordinance states all proposed ordinances shall be prepared by the City Attorney...
Now on to the "proposed" ordinance... My comments will be included in red.
AN ORDINANCE REPEALING SECTION 145.060 RELATED TO BUDGET CALENDAR AND ENACTING A NEW SECTION 145.060 RELATED TO THE SAME
WHEREAS, It has been found and determined by the Board of Alderman they should modify budget section of City Code to be concurrent with calendar that is in practice. I don't believe I missed a meeting but I don't recall it ever being found and determined by the Board of Alderman that we should modify the budget section of the city code. Maybe that means it will be decided if we enact this ordinance? NOW, THEREFORE,
BE IT ORDAINED BY THE BOARD OF ALDERMAN OF THE CITY OF BUFFALO, MISSOURI, AS FOLLOWS:
Section 1. Repeal. Section 145.060 of the Code of Ordinances of the City of Buffalo and all amendments thereto are hereby repealed. The code to be repealed says the following...
Section 145.060 BUDGET CALENDAR 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 (2) fiscal years.
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.
4. Fourth, the Board of Aldermen 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.
Section 2. Enactment. There is hereby enacted the following ordinance to be known as Section 145.060 of the Code of Ordinances of the City of Buffalo read as follows:
SECTION 145.060 BUDGET CALENDAR
The Administrative Assistant in consultation with the Mayor shall prepare the City Budget in accordance with the following calendar. Notice please that this proposed ordinance, that was submitted by the Administrative Assistant to the Mayor, will exclude the 6 City Alderman from preparing the City Budget. Are you taxpayers comfortable with 2 people having the authority to decide how our tax dollars are spent???
1. In July of each year, the Administrative Assistant will request from each Department Head a statement of expenditures requested for the coming fiscal year.
2. The Administrative Assistant will collect the data necessary, and make preliminary revenue estimates for the coming fiscal year.
3. The Administrative Assistant 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.
4. The Administrative Assistant shall prepare a preliminary budget based on the revenue estimates calculated and department head expenditure requests. Please notice that in the current code each of these tasks are delegated to the Board of Alderman to carry out... One through four will now be the sole discretion of the Administrative Assistant...
5. The Board of Alderman will meet to discuss the preliminary budget and meet with such department heads as they see fit before approving the final budget for the next fiscal year. I speak from experience when I say, it is already confusing enough for the City Alderman with the current accounting methods being used. Notice this ordinance turns over a lot of control to ONE PERSON. Is that good government???
6. The final budget shall be submitted to the Board of Aldermen and approved prior to the end of September. With the current system it is very difficult to understand the budget. Cutting the Aldermen out of the process is only going to make things harder.
Section 3. Effective Date. This ordinance shall be in full force and effect beginning with the next succeeding term of the Mayor's office and at the time, all ordinances or parts of ordinances in conflict herewith shall hereby be repealed.
Ok no more red font. Whether you are a citizen of the city of Buffalo or not I value your opinion on this matter. I believe there is wisdom in a multitude of counselors. I am sincerely asking for input from the citizens I represent but if they will not give it... I will take what I can get. What are your thoughts?
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