Emergency Legislation

Scouter:

Here is why in a non-technical nutshell:

CONSOC was given their “Six Months Notice of Intent to Terminate” last August. The six months is up on March 1, so a contract with a new firm to administer the program should be ready to sign by then.

In most cities, the staff would have procured a new and best bidder and recommended it to Council within about three months. Council would have authorized staff to proceed. The City Manager and staff would have negotiated the final details with the contractor. Meanwhile, the City manager and Council would have discussed any open or problem items in the public city council meetings.

Also in the meanwhile, the City Law Director would have drafted the legislation and the contract (actually filled in the blanks on a standard contract with a set of “Special Terms and Conditions” unique to this situation), presented it to Council for a first reading, a second reading, and a vote. After The vote, the Mayor signs the legislation and thirty days later, it goes into effect!!! (During the thirty day period, the City Manager and the Contractor execute the contract, to be effective “whenever”, as long as “whenever” is on or after the day that the legislation goes into effect.)

So, in most cities six months is plenty of time.

But in Middletown it works a little differently.

In Middletown, some staff try to proceed in the correct manner. Other staff try to decide on their own who should be the new contractor. Still other staff decide that CONSOC should remain. MMF meets to decide who they want to be the contractor. Everybody caucuses with their cronies to scheme and to try to garner support. The various factions lobby council, individually, and in small groups. Much time has passed when council “tentatively” decides on a new contractor. Everyone spins their wheels while factions connive behind closed doors trying to figure ways to steer the tentative decision in a different direction and to twist arms. The City Law Director tries to decide whether to have the Planning Director or the Chamber of Commerce draft the legislation. In the meantime, he calls some legal consultants.

At the “eleventh hour” some council members try to resurrect the whole issue of terminating CONSOC.

By this time it is too late to have a first reading, a second reading, a vote, and a thirty day waiting period for the legislation to take effect, and still make it all happen by March first!!!

This means that legislation with ANYTHING in it can be foisted upon everyone presented to council at the last minute and voted upon on an “emergency” basis, and it takes effect immediately after being signed.  Just in time!!!  ...and a great job!!!  Let's hear it for our overworked public servants: Marty, Les, Judy, and Doug!!!

(I hope that this helps you to understand the municipal legislative process.)