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HomeMy WebLinkAboutBudget Veto Message- 1998 'Full text of Partyka's budget veto message At the Winter Springs City Corn- the job Is done property.Not only did The mayor would then with the help to me as an estimate for the city that mission meeting Oct.12,Mayor Paul the city attorney abdicate his position, of the Commission find appropriate the cost of this appeal process should Partyka vetoed the 1998-99dty bud- he appointed his own attorney as a and qualified attorney candidates, be no more than$3,000 including the get,and city commissioners overrode substitute (who happens to still be make an appoinbnent then have the expenses of pleading the case in the veto by a 5-0 vote. Following is here over a year later and billing the Commissioners approve and the city Daytona Beach. This was also con- the complete text of the mayors veto taxpayers at the average rate, since would run smoothly. Instead the firmed by attorney John Galluzzo and message: January,of 29 billable hours per week mayor has met with obstacles from slightly higher with attorney Michael The Mayor represents the people or approximately$9800 per month). the Commission many times to slow Beaudine.instead,the Commission- of this city.The people in their wis- Clearly,the intent of the charter and down the process of finding a ded- ers through a questionable process dom approved a charger that gives the will of its people has not been fol- sion, and instead in a questionable that included having nehlring author- the Mayor the authority to veto an or- lowed.Said another way,the people process hired attorneys and used tax- fly,no bid and without going through dinance when the Mayor feels it does are not getting their money's worth payer money at the rate of over the mayor, have decided to hire an not do the proper thing for them.Be- from their city attorney since he has 210,000. This firm with all of its at- attorney from Miami for$22,500 plus fore the Mayor made his decision,he decided not to do his job. This was torneys,by the way,did not add any expenses to appeal this case. And referred to Mr. McLemore and Mr. pointed out to the city attorney sev- new factual information to the case that is on top of the$10,000-plus al- Guthrie on possible repercussions. eral times before the letter of Dec.4, that was already presented to the ready spent Onbehalfof the taxpay- There is sufficient time to revise the 1997, tracing this unique situation. court for keel This is an unconscio- ers,the mayor finds this spending to budget without any repercussions to There were no surprises.The surprise nable waste of the taxpayers'money. be unconscionable. Let's save this the city. This year's budget with its is that this issue continues on such a The ruled in a 7-page ruling that money and lower the millage by am projected expenditure on legal fees simple and clearly defined matter. the mayor has the authority as given proximately 444 mills for the benefit does not do the right and responsible Furthermore,when the city attar- that position by its people through the of its citizens.Finally,let's find a new thing for its taxpayers and therefore ney did not follow through on his own charter, to terminate an appointee. city attorney quickly and coopers the Mayor has deeded to veto this decision to resign, it left no altema- The court ruled that to consider any tively to replace the one that has only years budget that was passed by the tive by the mayor but to terminate his other decision would be an'absurd" been here once in over a year. Commissioners on Sept. 28. services,which by charter and in tore act. 'vawp. Commissioners, the mayor re- Why? people's good wisdom allows the What does the Commission then spectfulyargesyoutokhwwer the bud- The Commissioners have decided mayor to terminate anyone he ap- do?They want to hang the taxpayer get for citizens and help intllf{o- to budget almost$40,000of the tax- points.In exercising the mayors right with $40,000 of unnecessary legal cess ofihding a new city attorney and payers' money for a legal fight that he also made allowances to have a fees(for work)that could have been have the city move forward from this should not have taken more than temporary attorney immediately done for less than $5,000. Indden- relatively petty issue to more produc- $5,000lndudingthe appeal fees.This handle the legal reigns of the city. tally, Sharon Stedman, an attorney tive issues that need our combined is a situation where the current The commissioners decided that who specializes in appellate work, efforts. elected body is wasting people's they had the authority and not the reviewed the appeal process for this Thank you. money and acting juvenile on a case mayor. Since neither the mayor nor case. Her expert opinion and given Paul P.Partyka,Mayor that has no merit and takes time away the commissioners are charter ex- from other more productive issues perts and the issue was not going to facing the city. be settled otherwise, the City Com- Let's dearly state the background missioners made a motion that was facts on this Issue. approved to go to court to get a ml- The city attorney has been here ing. Incidentally Florida Statutes only once in over a year,only once. (88.101)states dearly that it has an- The city attorney has abdicated his ticipated situations like this and urges position,a position that by charter is that the court, through the use of a one of the most important positions declaratory judgment be used easily in the city with long term effects, if and often if necessary. The mayor, Ifollowing the motion of the Commis- sion and considering cost,filed for a declaratory judgment from the court using the voluntary services of an attorney and personally paying for all tees associated with the seemingly simple process.The dedaratoryjudg- 9 e /o a ok ment is not an adversarial issue;there are no damages involved;the goal is simply to have a decision on what something means.