Council Wants Posts Filled, Costs Curbed

Tension between the governing body and the administration was an undertone at Monday’s City Council meeting as the two branches continued to spar over appointments and finances.

The appointments in question are those of a certified municipal finance officer and a director of the Department of Administration, Finance, Health & Social Services. The finance issue involves curbing discretionary spending by the mayor for such things as flowers, food and employee parties.

The city has had no chief finance officer since 2007. In October 2009, the state Division of Local Government Services sent Mayor Sharon Robinson-Briggs and the council a stern letter warning the use of acting or interim CFOs would not be tolerated and requiring a status report on the appointment of a CFO within three weeks. Since then, the city has received three extensions, the latest one to expire on July 19. The council is now considering a resolution to ask the state to appoint a CFO, but City Administrator Bibi Taylor and Corporation Counsel Dan Williamson said the mayor considers that an infringement on her powers.

On Monday, Councilman William Reid said the resolution “kind of pits the council against the mayor” and called for a joint request for state assistance “so it looks like we are concerted.” The dissension may be deterring applicants for the post and reflecting on the future of city development, he said.

Reid said the council could take “boxing gloves and guns” to work things out with the mayor, warning of a possible state takeover if the impasse continues.

“We just have to tell the mayor she has to do her job,” he said.

The finance director post has been vacant since Jan. 31 and before that, had a high turnover in the mayor’s first four-year term. Taylor has been informally covering AFH&SS responsibilities in addition to managing day-to-day city operations, but council members questioned the workload as well as a possible lack of checks and balances.

The city’s municipal code limits acting appointments to 90 days, but when Councilwoman Bridget Rivers asked, “Are we out of compliance?” Williamson said there was not a yes-or-no answer. When Rivers repeated her question, Williamson drew a laugh from the audience when he said, “The answer is a hybrid of yes and no.”

Despite the 90-day rule, he said, “We have to get things done.”

Taylor said without someone in the post, if she didn’t carry out the functions, nothing would happen. The department is the largest of three mandated by the city’s special charter. She said the administration takes exception to the council’s proposed resolution urging the mayor to appoint a director and in turn urged the council not to act on it.

Unless removed from the agenda, both resolutions will be up for a vote at the council’s regular meeting, 8 p.m. July 19 in Municipal Court, 325 Watchung Ave.

A proposed council resolution on discretionary spending follows the administration’s declaration July 1 that the city will forego special state aid in FY 2011. Although the reason given was to speed budget passage by not having to wait for the announcement of extraordinary state aid (now called transitional aid), some council members perceived it as a way to dodge constraints on spending now tied to acceptance of such funds.

In FY 2010, the mayor had to sign a Memorandum of Understanding for the city to accept extraordinary state aid, agreeing to limit spending on travel, food and employee celebrations. On Monday, Taylor said the administration took exception to the proposed resolution that would limit purchases of what Councilman Adrian Mapp described as “flowers, food, water, gifts, hosting of employee picnics and those kinds of things.”

Taylor said the governing body was “overstepping,” but Council President Annie McWilliams asked whether it was stepping into day-to-day operations or setting policy. Williamson equivocated, but Councilman Cory Storch called it policy, saying such restrictions are now actually being promulgated by the state.

Reid said he agreed with the idea of restricting spending and hoped the mayor was already doing so. He said “sodas and waters and candies” should not come out of city funds.

“By us saying we don’t want it, the mayor should at least listen to us,” he said.

In a related proposed ordinance, the council is seeking review of the city bills list.

‘We’re not voting to approve bills, we just want to look at them,” McWilliams said.

Taylor said the municipal code already allows for bills review “after they are paid,” but Mapp said most governing bodies in New Jersey review bills before payment. Taylor said such a change would slow down payment and create a backlog. But McWilliams said if the governing body sees a pattern of spending in the reviews, it could then have a discussion with the mayor and administration.

The proposed legislation is expected to be on the agenda next Monday.

--Bernice Paglia