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Emergency Legislation

Printed From: MiddletownUSA.com
Category: Middletown City Government
Forum Name: City Council
Forum Description: Discuss individual members and council as a legislative body.
URL: http://www.middletownusa.com/forum/forum_posts.asp?TID=3614
Printed Date: Nov 27 2024 at 8:32am


Topic: Emergency Legislation
Posted By: middletownscouter
Subject: Emergency Legislation
Date Posted: Jan 20 2011 at 3:54pm
So on the jounral's website I was reading an article about the most recent council meeting, and I had a question that someone who follows council a little bit closer than I do might know the answer to.

http://www.middletownjournal.com/news/middletown-news/councilman-apologizes-again-for-police-incident-1058198.html - http://www.middletownjournal.com/news/middletown-news/councilman-apologizes-again-for-police-incident-1058198.html
Quote At the Tuesday meeting, City Council considered emergency legislation to hire a new administrator for the city’s Section 8 program.

So council decided back in September to fire the current administrator with six months notice. Which presumably means they understood at that time that they would also have to hire someone new to do the job starting at the end of that six months.

With that data in mind, why do they need to pass emergency legislation to hire a new administrator?



Replies:
Posted By: Vivian Moon
Date Posted: Jan 20 2011 at 7:10pm

It is my understanding that Mr. Adkins & Nelson & Assoc needed a 30 day ramp up period to put together and test all the new software of their new paperless system and transfer all the data from CONSOC. I believe they stated that Nelson & Assoc were to take over the Section 8 program about the 1st of March.



Posted By: Mike_Presta
Date Posted: Jan 21 2011 at 12:48am
Originally posted by middletownscouter middletownscouter wrote:

With that data in mind, why do they need to pass emergency legislation to hire a new administrator?

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.)



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“Mulligan said he ... doesn’t believe they necessarily make the return on investment necessary to keep funding them.” …The Middletown Journal, January 30, 2012


Posted By: VietVet
Date Posted: Jan 21 2011 at 11:31am
Originally posted by Mike_Presta Mike_Presta wrote:

[QUOTE=middletownscouter]With that data in mind, why do they need to pass emergency legislation to hire a new administrator?
<SPAN lang=EN>

Scouter:



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!!!



Hey, this works just like Congress in DC!
No wonder nothing makes sense nor gets done in a reasonable amount of time.


Posted By: Vivian Moon
Date Posted: Jan 21 2011 at 2:08pm

….After two years of, expensive research, consulting fees and hundreds of hours of staff time do ya know what ya got for your money?
The same thing with different players.
NOTHING HAS CHANGED




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