7/12/2011

City Charter Review Intro

Posted by MJ

The Buffalo News reported on the City Charter Review initiated by Mayor Tucker.

A 12-member commission has been appointed to review the city charter and recommend updates and changes

City Clerk and Budget Director Richard P. Mullaney, a member of the panel, said he does not envision the group making any major changes in the structure of city government.

However, Mayor Michael W. Tucker said, “I wouldn’t rule it out.” A City Hall reorganization plan created by consultant Richard E. Rising late in 2010 envisioned merging the city clerk’s and city treasurer’s offices...
To begin with I am one of the twelve members who are all volunteer and appointed by the Mayor. We are going through the Charter and the City Code line by line looking for outdated or conflicting information. We will be meeting with each department that a certain section relates to, to understand what no longer applies, conflicts or what could be beneficial changes.

In regards to the BN article, I would like to clarify is that this panel really has no power. All we can do is recommend changes to the existing laws. Any changes would need to be passed by the council. Any changes in elected official powers would need to go to public referendum.

Based on our first meeting it will be a long process until the end of the year with multiple monthly meetings.My goal here is to include those of you interested interested in how the city works (the entire code, or any portion of it) to chime in with your thoughts and open it for discussion. I'm not sure how I will present it yet as I will have to see how the first few meetings go.

The link to the entire City Code is on the left of the blog (along with the Town of Lockport Code) or by clicking this. To begin we have reviewed  Chapter C: Article 1 and Article 2 up to C-24. Before I mention some of what we found or questioned take a look and see what you find.


37 comments:

Anonymous said...

MJ - this is probably the wrong spot for this but maybe you can move it or start another thread.

It's kind of funny, you complain about too many parking lots downtown but I couldn't get n the library today as the lot was completely filled, as it is many days.
The question I have is who is parking there? The lot is filled every day, all day. These people aren't at the library, and I can't believe the Y is that busy.
Anyways, we need more parking downtown! LOL - just kidding.

MJ said...

When we get to the city parking code portion I'll open it up to chew on. It's not necessarily the amount of parking (though it plays a big role,) it is how it is sited that is the most important, especially when trying to create a workable balance.

Anonymous said...

Does anyone know who is parking there though? It just seems strange there are so many cars there.

Maybe the city should look at charging the all day people for parking and make some money!

Bob said...

I had to park in the lot behind the library when I went to the DMV yesterday, because the DMV lot was full, as usual. Yes, the lot behind the library was very full too, but I was able to find a spot there.

G.I.Joe said...

What is the reason the city would attempt to make changes to the City Charter in an election year?

If there is a change at the Top... shouldn't the new administration be the one to spearhead the initiative?. Suddenly..we need to review the charter?

Sorry..I don't like the smell of this.......

MJ said...

I was waiting for the first person to politicize it. Some how parking popped up first. ;)

1)Every other year is an election year. Kind of hard to get very far from one.

2) The main objective is to use Dick's 20+ years of experience in going over the code before he retires in December. It was mentioned to be in the works as far back as 3 years ago. Last time it was done was late 70s early 80s if I remember correctly.

3)I guess the question that comes up: would you rather some of these get voted on before the elections so you can make more informed choices or after the election when any new people are in or old people remain?

4) As noted, anything changing an elected officials powers would need a public referendum so the only thing we would have to fear there is ourselves.

MJ said...

And any new person could always push to change things again. For one I feel the sign ordinance needs a take 3.

Charlene said...

"I had to park in the lot behind the library when I went to the DMV yesterday, because the DMV lot was full, as usual. Yes, the lot behind the library was very full too, but I was able to find a spot there."-Bob

I think Elm Street should be eliminated, and used for parking. Make the parking lots behind the library and DMV one lot. That would add some parking spaces.

G.I. Joe said...

MJ..How do you not politicize the actions of politicians?

I'm sure there are several legitimate areas in the "Charter" in need of change. Do you recall any desire to change the charter in the last eight years?

This is also the group that Jerry Mandard the Wards earlier this year, a favorite tactic of politicians designed to dis-enfranchise segments of the population.

You seem like an honest broker. Don't be such an apologist for the Tucker administration. Your Blog or not... it cuts into your credibility.

Patti said...

Changing the Charter will be a tough nut - and it must be started immediately, taking into account the many time limits that have to be complied with in order to do it.
This was my ONLY concern when Hoffman was fired. IMHO there needed to be a change to the City Charter in order for the City to do it properly. Again, IMHO, the City acted WAY too fast to get rid of the guy and that's where he's going to win the lawsuit.
The gerrymander re: the changing the Wards does show a bit of favoritism (A LOT of favoritism) but, IMHO, was done correctly.
Being done correctly doesn't necessarily mean that it was the right thing to do - especially in a tricky election year.
Back to Hoffman - the City had enough on him to fire him a long time ago. His attitude was horrific and the attitude of the workers reflected their appreciation of him. They wouldn't come out to plow - stuff like that - just to rile Hoffman. The haul down drag out I witnessed, and heard, should have been enough to show him the door then and there.

Anonymous said...

Patti I don't know how you can slam Hoffman like that, I think it's kind of libelous for you to publish lies that they had enough to fire him a long time ago. If they had enough to fire him don't you think they at least would have given him some written warnings and hearings? And isn't it a good thing we finally had a boss in there that would make workers actually work, so much so that they didn't like him?
I have been told it's a lot different now, they like Allen. he comes in and drinks coffee all day, doesn't get out of the office. I was also told he is sub-contracting out all the engineering work - but to a Buffalo firm, Lockport firms don't even get to bid on them. Watch for that one, I heard it could be the next lawsuit against the city.

MJ said...

1) Yes, please try to keep the libel out of here. Any reputable place of employment will let any employee know of what they are doing wrong with opportunity to correct it long before they are removed, unless it is very serious. Here we have to consider that there are bargaining agreements that state how this will work and also that a job title was being eliminated (change to charter voted on by council). Was it done correctly? That I do not know.

2) OK so it's government thus it's political. Though that kind of removes any meaning when saying it is "politicized". I believe you were trying to give it meaning and a negative one at that. This is not the Mayor and Council in the room changing the laws. Would you rather roll dice? Will removing the title of "City Physician" a position that no longer exists, correcting it to say the actual 5 instead of 4 on the fire and police panels or removing how to properly hitch a horse downtown really create shock waves?

3) Once again, here we are attempting to politicize something even before it starts. Instead of discussing changes we desire or feel are of value to Lockport we kick it right into the mud. What we ask of our politicians we cannot even do ourselves. Think of that for a second or two.

5) Here we with an opportunity to clean it up and maybe spark further debate on larger changes we would like to see and how do we handle that chance?

4) I think regardless of the shape of the wards people would have been on here claiming gerrymandering. But we'll leave that for the actual ward post.

hitler said...

what did Jerry Mandard have to do with the districts?

Anonymous said...

Re: Libel? Truth is an absolute defense.
Exactly what I told Tucker when this whole thing started; "Paper his file." Obviously - he didn't or they wouldn't have had to mess with the City Charter to fire him.
I know nothing about any sub-contracting.

He's also a public figure.

Do I have to go back to an "Anonymous" to protect myself from baseless threats like this? Not even the threats are worth it.

MJ said...

It is amusing that the anon responded to "libel" with "hearsay" ;)

Karen said...

I'm pretty sure that in Article XIII, all the sections referring to "sick persons" wouldn't fly in today's world because of HIPAA rules. I don't know of any "innkeepers" that will be notifying the city that they are "housing a sick person" (C-313, C-314, C-315).

G.I Joe said...

I'm not kicking anything to the mud...It's suspicious when in an election years we suddenly have all of this activity so that the candidates or incumbent's litany can suddenly be filled with.." well I am the first Mayor to try and clean up the city charter".

Too much "selective reading" going on here.

MJ said...

Then I guess I missed your point or you failed to mention it. The one you just made was not in any of your comments above. It does not have too much to do with selective reading. Maybe trying to fill in the blanks?

As I mentioned above updating the Charter/City Code (and also the City Master Plan) has been mentioned by Tucker as "like to do's" since at least around the time I started this blog back in 2008. I wish it came sooner but I believe it is Dick's retirement that finally got the ball rolling.

MJ said...

Thanks for the actual comment on the code Karen. That will be an interesting one to discuss.

Karen said...

I think it makes sense (election year or not) to go through and eliminate unnecessary rules or update codes and I don't think it really matters who takes the credit for it.

MJ said...

Here's where I mentioned it last back in December 2010.

http://lockportforum.blogspot.com/2010/12/1998-city-of-lockport-master-plan.html

G.I.Joe said...

I agree ....it makes GREAT sense..I'm not disputing that..all I said was that I questioned the timing.

While we're changing the Charter the City should take back the responsibility of repairing the sidewalks. That's been "their " excuse in the past. If changes takes place it should be more than not being able to "leave your mule unattended"

Anonymous said...

Yea change the charter like it really matters. The ma yor does what he wants and the council bows to whatever he tells them. Too bad that Hoffman move is gonna come back to bite him you know where. But that doesnt effect him its the taxpayers that pay for his vendettas. The change that needs to be made is mayor tucker voted out of office in november

Anonymous said...

Now that he fears being voted OUT..he'll want to put TERM LIMITS in the charter...

Patti said...

@MJ - you win!! ; - ) !!

Patti said...

@ Charlene - I, also, think the City should ditch Elm Street and make a huge parking lot. I think there are some legal issues that would need to be worked out.
I wonder where all the people in those cars go...! Do they all work at Social Services? That would take a lot of cars to fill that entire area.

MJ said...

The Mayor is giving no input to the group. He was there at the first meeting to explain why we were brought together and then hasn't been seen since. Just as he is never around and has no input to the Planning or Zoning Boards.

As for term limits, once again, they would have to pass a public referendum. So we only have to fear ourselves in that regard.

I'd be for removing Elm St between Main and Chestnut but I'd want to see infill along Market between Main and Chestnut and Chestnut itself returned to a street from Washburn to Market. And speaking of Elm, it should be reopened between Walnut and South St to give the old Harrison buildings more street frontage and make South not such a cut off place behind it.

Anonymous said...

Has anyone heard that Phillis Green is going to Challenge Mike Tucker in the Primary??

People are walking petitions for her...

Anonymous said...

will meetings discussing changes be open to the public?

I like to sit in and listen

Anonymous said...

MJ - does it say in there the method to make changes to the charter? I was surprised with the Hoffman thing that they could just do a majority vote and immediately change the charter. I would have thought it would take 2 votes over 30 days or something like that.
It seems something as important as that shouldn't be allowed to be changed on a whim with just a simple vote.

Anonymous said...

In regards to the above I used the Hoffman situation as an example of something where I was surprised the charter could be changed so easy, the basic question is can the charter be changed at any time by a simple majority vote? And if true, should the charter be changed to make it a little more difficult to make changes so it is ensured that the changes are well thought out? i.e, 30 days or two different elected councils or a 3/4 majority or even a public vote.

MJ said...

Contact Dick Mullaney about access. The process is basically going through the entire charter/code from front to back line by line. Not the most exciting thing in the world unless you are truly interested in how everything works (or at least how it was written in 1911 and updated here and there over the years)

Charter is like any other of the laws/codes in the city. It is either a council majority vote or a public referendum under certain situations. Unlike say the State Constitution etc that have the more onerous requirements.

What aspects of the Charter would you see relevant to require multiple votes in successive councils etc? It does sound noble but it can also make change very slow and difficult (impossible). I'd be up for slightly higer requirements but I'd be careful.

Anonymous said...

sorry..I've never found Dick Mullaney to be very co-operative.

Anonymous said...

Mj I think a perfect example is the Hoffman episode. They quickly changed the charter to eliminate his job, created a position but then the state ruled they had to change it again as Allen is not a professional engineer.
It seems like the whole thing could have been thought out better if they had spent time on it.

But the main point is (and I don't mean this as a political statement) pretend in 5 years we have a council that rubber stamps the mayors wishes. This mayor then gets mad about something and wants to make a major charter change, and the council approves it in one meeting! It just seems like something as powerful as a city charter should require some more "pain" to change then a simple council meeting.

Patti said...

IMHO - Hoffman "won" as the City did not do as I suggested. Not only me - I do NOT take credit for anything - but the City can't change the Charter w/o a Referendum.
I've said here - and to the Common Council at the meeting at which Hoffman was "fired" that they COULD NOT do this.
I have no opinion as to whether or not Mike should have been fired. That's not up to me - obviously. I was present for one very nasty argument between Hoffman and Tucker - neither of them behaved like gentleman. This is when I suggested to Tucker that if he wanted to fire Hoffman he'd better start documenting that which Hoffman did or didn't do vis a vis Tucker.
Changing the Charter can't be done by a simple majority vote of the Common Council. I said that several times at the hearing re: firing Hoffman, I repeatedly said "You need a referendum!" I know a lot of people think I'm "batshit crazy" because they listen to a few bozos or don't know me personally. I guess that's their right but if anyone is libeling anyone else - it isn't me.
Those folks should read and understand the law before they spout off with their insults and maliciously defamatory, damaging misrepresentations. No more defamatory slander either. This is not a place to lie. It is a place where citizens of this City can come and read or share their opinions with others.
I attempt to provide suggestions which, in my personal opinion, will help our City. not to be treated with scorn. Please stop or all others will be hurt by my absence. Thank you.

Anonymous said...

I hope Phyllis pounds him in the primary good bye Tucker your ego has gotten to big for this city

MJ said...

Clean up....or at least I tried too.

Please stop attacking each other. I really don't want to have to start pre-approving all comments.

Sorry if I deleted anything valid, but if it is attached to attacking other commenters etc a majority of the time it gets removed.

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