Wednesday, August 23, 2006

Open Space Ordinance, Mayor's veto letter

I received the copy of the Mayor's "veto" letter today. Technically it is a "non-approval" letter. My earlier blog entry covered my thoughts. Now that I know the content of the Mayor's letter, my thoughts haven't changed, but I add emphasis with the following additional comments.

The 2006/2007 annual budget was passed in June and was done under the auspices of the existing Open Space Ordinance. The budgetary allocation for 2006/2007 was made, and the monetary appropriation called for in the budget should also have been made (Aug14 according to the existing ordinance) previous to any possibile date that this new ordinance would become effective. This ordinance has no effect on the 06/07 budget or appropriation. It does affect the 07/08 budget and appropriation. There is no ambiguity.

Expenditures on Open Space by the current administration, and specifically Mayor Lauretti, have been laudable and will be a testament of hard earned achievement for many years to come. However, the ordinance is not mandating any amount of expenditure, but rather a budgeted contribution to a restricted account held in trust to be appropriated timely and expended properly.

The amounts of expenditures completed and proposed for Open Space purposes within fiscal year 06/07 that utilize funds from the balance held in the Open Space Trust Account are not affected by this ordinance. No portion of the ordinance's paragraph 6 related to Expenditure of Funds was materially changed.

It would never be appropriate, and this ordinance was not an attempt to, address an approved budget via ordinance. The budgetary process allows for detailed fiscal review by the Board of Apportionment and Taxation, and the Board of Alderman. That process should not be usurped by an ordinance process. For that reason of principal alone, I personally can not endorse the revision as proposed by the Mayor, specifically his added sentance on the end of paragraph 3.

My hope is that the BOA will recognize these and previously expressed thoughts, and "repass" the ordinance in it's current form during its next Regular Meeting of ThuSep14 immediately following the reading of the Mayor's non-approval letter and having discussion on the issue.

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