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MIN CHC 1989-01-25
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MIN CHC 1989-01-25
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4/24/2018 3:00:31 PM
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AGE/MIN (Charter Comm.)
Agency
Charter Commission
Year
1989
Meeting date
1/25/1989
Type
MIN
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AGE CHC 1989-01-25
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\County Clerk - Council\County Clerk\Charter Commission\1990\Agendas
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money. And as a result , the budget has different , what you call , <br /> line items : equipment , maybe salary & wages , contractual <br /> services, and various different categories of classifications . <br /> And the practical problem is sometimes as you know, even in your <br /> everyday living, it ' s hard to project to the exact number. If you <br /> say that you' re going to buy a car for a $100 and you go out <br /> there , and the car costs $105, now you only got a $100. So the <br /> question is, should you go back to Council and get the $5 <br /> appropriated? And you can hear it from department heads. They 'll <br /> tell you the Council will be busy 365 days a year, because every <br /> one penny , or two cents , or five cents over, if you take the <br /> strict interpretation, then you ' ll have to go back to Council <br /> every time, which would certainly hamper the administration ' s <br /> operation. <br /> But on the other hand, now the Council certainly has a <br /> right, and we haven' t litigated it. But I always felt , and I'll <br /> tell you frankly , as corporation counsel, we haven' t had the right <br /> case, but if the Council say had appropriated $100 for a car, and <br /> the administration went out and bought $200. Now, I think now, <br /> that much we all can see , well, if I knew it was $200, we wouldn' t <br /> have appropriated the money and certainly maybe now the Council <br /> should have the say in whether or not the administration <br /> to. . . spend the money for that particular purpose. And so the <br /> question is how much over, should the administration go back and <br /> get Council ' s approval. Well, the. . .that section which says the <br /> mayor may transfer, that ' s the authority that not only myself as <br /> corp. counsel took, but in reviewing. . .before rendering another <br /> opinion, I reviewed all the opinions from the first corp. counsel <br /> which cited that language which would authorize the mayor to <br /> transfer. <br /> However, there is another provision, Mr. Bethea, that you <br /> may see being inconsistent which is because there is. . .in order <br /> for. . . <br /> JUVIK : Excuse me, Ron. Which provision are you looking at? <br /> IBARRA: Yeah. 10-11. 10-11. Okay. The first one was <br /> 10-9, the second paragraph that says the may may at any time, if <br /> you have unincumbered appropriations (inaudible) you may <br /> transfer. Then if you look at 10-11, no payment shall be <br /> authorized or made and no obligation incurred against the County <br /> except in accordance with appropriations duly made. So now <br /> Council ' s position certainly is a, you came to us , we appropriated <br /> money, $100; that ' s it. So why are you transferring money against <br /> this provision? <br /> GREENWELL : You and a number of the Councilmen have a <br /> difference of opinion. <br /> IBARRA : Well. . . but. . .that ' s the. . . <br /> GREENWELL: It is value. <br /> 77 <br />
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