Special Board of Aldermen 6-13-2022 Page 14
be even though we don’t have an override provision, there seems to be quite a bit of room there if we voted to exclude
principle and interest on bonds and capital expenditures. There seems to be quite a cushion there to me.
If | could ask another question of Attorney Bolton. The last paragraph of 56C in the Charter says “This provision shall
not prevent the Mayor and the Board of Aldermen from appropriately funding any programs or accounts mandated to
be paid from municipal funds by State and federal Law”. What do you think that would include?
Steve Bolton, Corporation Counsel
Well there are plenty of things we’re required to do, mandated. One that we hear a lot is the payments to the State
pension system. That’s a payment we’re required by State law to make and it’s unfunded by the State. Municipalities
are required to make that payment. There are other things of similar nature. So we're required to do it. | think the
proponents of these cap limitations would say well you pay those first and then you have to make do with what’s left. |
don’t think that creates an exclusion by itself. So we’ve never had to argue that one way or the other. | think it was
put in there so they could say it didn’t affect our ability to make mandated payments. I’m not sure that is always going
to be true but | don’t think it’s affected it yet.
Alderman Jette
One more. | think this is the last. It may have been you said something about or | guess you didn’t disagree with
somebody’s statement that this is not the best written — these Charter provisions are not the best written legislation
you've even seen. |’m intrigued by the word “consider” - In establishing continued annual municipal budget for the
next fiscal year the Mayor and the Board of Aldermen shall consider total expenditures not to exceed an amount equal
to the combined annual budget of the current fiscal year increased by the ..... ” and it goes on. So that word “consider”
is an interesting choice. | looked up that word in the dictionary and it says “think carefully about something before
making a decision”. It doesn’t really say you can’t spend this money. It just says you have to think about it before you
do. So | don’t think that’s ever been considered by a court or ever been ruled by a court, but | think it’s an
interesting...
Steve Bolton, Corporation Counsel
There were a couple arguments the other way. Again, | think it could have been better worded but | think the intention
of the author or authors was to require that provide a limitation. The last sentence of the first paragraph says “the
Board of Aldermen shall act upon budget proposals in accordance with this paragraph”. Well the requirements are in
the next paragraph but anyway. So to say what shall be considered might be interpreted to exclude the ability to
consider anything else. So | think that’s one argument that says when they say consider they mean that’s the only
thing that will be considered. Then later on, they go and say you can go below this but you can’t go above it.
The other thing someone might say is look this was a clear intent was to place a limit on expenditures. They didn’t go
through all this to come out with something that was meaningless. If you just say “considers”, then you may decide
not to do it. Essentially renders everything meaningless but anyway, I’ve never advised anyone to rely on the word
“consider” as giving them a choice to accept or reject but that’s just my opinion. So if you want to say that you can
consider other things, that’s up to you.
Alderman Jette
I’m just raising the possibility that we can consider the very things that are listed here but after having considered
them, someone could say that we could go ahead and do something differently after having considered them.
Steve Bolton, Corporation Counsel
If you want to do that, that’s up to you. | think you might end up talking to people in black robes about it eventually.
Alderman Jette
| think there’s plenty of room in the legislation. | don’t think it’s as dire as | among others have initially thought
because there are the exceptions in 56D. Then there’s that final paragraph of 56C that says you have to do what the
State and federal government mandates. Thank you Madam President.
Chairwoman Wilshire
