MONROE - The "mayor alone" has authority to select and change the Finance and Taxation Committee chairman and does not need confirmation of the Common Council, according to attorney Rex Ewald, Monroe's city attorney.
Mayor Bill Ross confirmed this week that he initiated a request for a legal opinion before he removed Alderman Michael Boyce from the chairman position of the city's Finance and Taxation Committee during a Common Council meeting Oct. 5. Ross immediately named Alderman Dan Henke - a GOP candidate for 80th District Assembly in the Nov. 2 general election - as committee chairman. Boyce, a freshman alderman, remains a committee member.
In announcing the change, Ross said he'd made a mistake naming a newly elected alderman to the post.
"Typically, you give brand new aldermen a year to get their sea legs under them," Ross said in an interview after the council meeting.
Boyce said he believes the change was direct result of his push to enforce a city ordinance that gives only committee chairmen the authority to call meetings and set items on their agenda, saying the ordinance was "routinely disregarded."
"It is one of the few powers of aldermen," he said.
Ross said he requested a legal opinion to ensure he was not violating any city codes or state statutes. Boyce said he was not told about the change until "immediately before" the council met Oct. 5.
According to Ewald's Oct. 4 letter, obtained by The Monroe Times, the legal basis of his opinion centered on two sections of the Monroe City Code, 1-6-1 and 2-14-1. Ewald also consulted Robert's Rules of Order, which governs the proceedings of the Common Council. From those sources, Ewald concluded that appointments by the mayor are subject to confirmation by the council. But he also found that the city code uses the word designate when the mayor chooses one committee member as chairman.
In section 2-14-1, "...a conscious choice appears to have been made by the Common Council to use the word 'appoint' in relation to the Mayor's selection of members of the Finance Committee, and the word 'designate' in connection with the Mayor's choice if a chairperson," Ewald wrote.
Had the city code been written using the word "appoint" in connection with the mayor's selection of a chairman, Ewald opines that confirmation by the council would be needed.
As to the mayoral power to make any changes in committee chairmen, Ewald found "nothing in the Monroe City Code addressing removal of a sitting committee chairman."
In his further investigations, Ewald consulted Robert's Rules of Order, tenth edition, which governs the council proceedings, according to city code.
Ewald noted that Robert's Rules of Order gives the appointing authority the power to remove or replace committee members - "unless the bylaws provide otherwise."
In this specific case, the mayor is the appointing authority, and the Monroe City Code is the bylaws.
Ewald wrote that he is of the opinion that "Robert's Rules of Order controls," and the mayor could act on his decision to replace the chairman of the Finance and Taxation Committee. His opinion was based on the understanding that membership of the committee was not being changed.
The Monroe Common Council confirmed Mayor Ross' appointment of council members to committees on April 20.
A table reflecting the mayor's committee appointments, which included a column for the name of Ross' choices for chairmen, was available to council members and was put into the minutes of the meeting April 20.
Ewald wrote in his opinion that the listing of committee chairmen was "consistent with an informational disclosure to the Common Council..." and that the motion to confirm dealt only with the appointments to committees.
The items listed on the Monroe Common Council agenda for April 20 included "Council to Confirm Mayor's appointments of Council committee members" and other confirmations of mayoral appointments to community boards and committees.
Charles Koch and Paul Hannes also serve on the finance committee, and Thurston Hanson is the alternate member.
Mayor Bill Ross confirmed this week that he initiated a request for a legal opinion before he removed Alderman Michael Boyce from the chairman position of the city's Finance and Taxation Committee during a Common Council meeting Oct. 5. Ross immediately named Alderman Dan Henke - a GOP candidate for 80th District Assembly in the Nov. 2 general election - as committee chairman. Boyce, a freshman alderman, remains a committee member.
In announcing the change, Ross said he'd made a mistake naming a newly elected alderman to the post.
"Typically, you give brand new aldermen a year to get their sea legs under them," Ross said in an interview after the council meeting.
Boyce said he believes the change was direct result of his push to enforce a city ordinance that gives only committee chairmen the authority to call meetings and set items on their agenda, saying the ordinance was "routinely disregarded."
"It is one of the few powers of aldermen," he said.
Ross said he requested a legal opinion to ensure he was not violating any city codes or state statutes. Boyce said he was not told about the change until "immediately before" the council met Oct. 5.
According to Ewald's Oct. 4 letter, obtained by The Monroe Times, the legal basis of his opinion centered on two sections of the Monroe City Code, 1-6-1 and 2-14-1. Ewald also consulted Robert's Rules of Order, which governs the proceedings of the Common Council. From those sources, Ewald concluded that appointments by the mayor are subject to confirmation by the council. But he also found that the city code uses the word designate when the mayor chooses one committee member as chairman.
In section 2-14-1, "...a conscious choice appears to have been made by the Common Council to use the word 'appoint' in relation to the Mayor's selection of members of the Finance Committee, and the word 'designate' in connection with the Mayor's choice if a chairperson," Ewald wrote.
Had the city code been written using the word "appoint" in connection with the mayor's selection of a chairman, Ewald opines that confirmation by the council would be needed.
As to the mayoral power to make any changes in committee chairmen, Ewald found "nothing in the Monroe City Code addressing removal of a sitting committee chairman."
In his further investigations, Ewald consulted Robert's Rules of Order, tenth edition, which governs the council proceedings, according to city code.
Ewald noted that Robert's Rules of Order gives the appointing authority the power to remove or replace committee members - "unless the bylaws provide otherwise."
In this specific case, the mayor is the appointing authority, and the Monroe City Code is the bylaws.
Ewald wrote that he is of the opinion that "Robert's Rules of Order controls," and the mayor could act on his decision to replace the chairman of the Finance and Taxation Committee. His opinion was based on the understanding that membership of the committee was not being changed.
The Monroe Common Council confirmed Mayor Ross' appointment of council members to committees on April 20.
A table reflecting the mayor's committee appointments, which included a column for the name of Ross' choices for chairmen, was available to council members and was put into the minutes of the meeting April 20.
Ewald wrote in his opinion that the listing of committee chairmen was "consistent with an informational disclosure to the Common Council..." and that the motion to confirm dealt only with the appointments to committees.
The items listed on the Monroe Common Council agenda for April 20 included "Council to Confirm Mayor's appointments of Council committee members" and other confirmations of mayoral appointments to community boards and committees.
Charles Koch and Paul Hannes also serve on the finance committee, and Thurston Hanson is the alternate member.