Does the City Code Actually Mean What it Says?

Written By: Talk of the Sound News

Barack Obama has recently been described by a well-known pundit as being an exceptional Commander in Chief when it pertains to covert operations and much less so regarding overt or conventional operations. He went on to say that Obama doesn’t play particularly well with others and is much more comfortable under conditions where he can deliberate and make decisions behind close doors. I think this is right; his successes regarding the assassination of Bin Laden, drone strikes in Pakistan, and Libya point to this.

Bob Marrone made a point about Noam Bramson in the latest issue of the Sound Report extolling Noam’s extraordinary intellectual gifts and indicating that he, too, seems more comfortable in situations where he does not have to demonstrate gregarious behavior; in short, preferring to be more introverted than extroverted. I think he is right as well and explains a feeling I have expressed that Noam has unlimited potential but seems to lack some important command components that would elevate this potential into outstanding performance.

Why is this important? To me, in both instances, it demonstrates some serious shortcomings in building; a nation or a community that can work toward and reach agreement on critical issues that face the nation (Obama) and our city (Bramson). It highlights the need for new paradigms of leadership, new understanding of complexity, and a willingness to go into areas of discomfort to arrive at decisions that affect and reify the common good. Obama retreats into campaign mode to escape discomfort and Noam seems to reach inwardly and nurture those people who will accept his vision on his terms.

What is missing in both cases is the flexibility to understand and react to situations that literally may not have a precedent. Some people are gifted in this area; a good example is John Huntsman who, unlike the scriped ideologues or party loyalists sees the content of issues outside of expected boundaries. For example, his response last evening that America’s foreign policy challenges begin with solving its internal issues is both insightful and very much on point.

Obama will twist, turn, even ignore boundaries and protocols established over the years regarding natiional governance and how it works. Noam Bramson, will behave outside of the boundaries that seem to be set by the City Code. He is not alone in this; so have his predecessors and currently, his colleagues and even adversaries in City government. It must also be said that the community at large in New Rochelle has developed a blind spot on this point and other areas of considerable importance, such as the relationship of a school district to the growth, expansion and ultimately, the financial and tax health of the city. Like Michael Bloomberg recently said about the end results from the congressional committee on finding a mere (yes, I mean mere) 1.4 trillion dollars over 10 years time, there is plenty of blame to go around.

I want to present portions of the City Code to you that explicate what the roles, relationships, and responsibilities are of the mayor, city council, and city manager. I want you to draw your own conclusions as to what is important, functional, dysfunctional, and how it affects you as citizens and taxpayers in New Rochelle. My charge to myself is to inform…. but I will say at the outset that the mayor seems to satisy the working definition of “strong mayor”, not via the provisions of the City Code, but in terms of actual job performance, power, and relationships within the government. It would be difficult to see what would be in a referendum for “strong mayor” that is not already being exercised as part of his day-to-day responsibility. I would venture a guess that were he identified as a “strong mayor” it might bring to bear whether New Rochelle would require a City Manager. The conclusion is yours to draw.

In turn, since the Mayor is an active part, actually serving as chair of the City Council, we have an interesting but confusing blending of the duties of both an executive and a legislator. I am not sure this is desirable, but again, it is yours to decide. I also see the role of the City Council as be somewhat bifurcated. A reading of the Code strongly suggests they are analogous to a board of directors in terms of responsibilities with direct oversight and delegated authority on policy. However, they also can and do initiate legislation and remember, the mayor is part of this mix and that causes further dilution and fog.

Is this important? Readers of this blog and others have referred to the government as the “Bramson administration.” That doesn’t disturb me in terms of the potential of this government; it bothers me only inasmuch as the Code would have it otherwise. So, I have to wonder why the Code is not a practical and applicative document and further, imagine that were it followed as designed, we might have a more representative, open, and collaborative governance. Let’s see highlights of the applicable roles, relationships, and responsibilities.

ARTICLE III — SECTION 10 (MAYOR)

. elected for a 4 year term.
. presides over the City Council.
. represents the City in intergovernmental affairs.
. Presents an annual State of the City message.
. Other duties specified by the Council and allowed by the Charter.
. Head of the City Government for all ceremonial purposes.

There is some more, but these are the major written duties. It appears that many of the actual duties, responsibilities, roles are either assigned by the Council or assumed based on proximity (desk in City Hall) to the operating departments and City Manager. In a sense it “just happened” over the years and I repeat, the actual roles, relationships and responsibilities performed are those of a “strong Mayor”.

ARTICLE III – SECTION 13 (CITY COUNCIL)

. judge of the elections and qualifications of its members.
. power to subpoena wnesses and compel production of all pertinent books, records, and papers. N.B. Just think what this could have meant in situations such as the recent Fevang case.
. determine its own rules and order of business.
. keep journal of its procedures.
.compel attendance of absent members.
. punish its members for disorderly behavior or violation of rules.
Again, there is more in the Code and Section 15 is particularly useful as it covers how ordinances are introduced and passed. This particularly troubles me as too often matters that should be placed on the floor, debated, and voted up and down are not and so, there is an insufficient record of how council members voted and on what. This is critical information during an re-election campaign and helps immeasurably in setting a platform for a party or individual council member.

Before going to the City Manager, I want to be clear as an individual. I have voted for Noam Bramson and my reason for what I am currently doing is to bring light, not heat to the political process and to encourage more independence on the part of council members in terms of their roles, relationships, and responsibilities.

ARTICLE VI — CITY MANAGER

. administrator head of city government.
. serves at the will of the council.
. serves an indefinite period subject to the will of the council.
. can be removed by the council but has the right to be heard by the public prior to a formal vote of removal.
. defined term of office is two years; but is reappointed at council’s discretion and has a writtn contract.

Again, there is more, but this gives you a realistic insight into his duties and responsibilities.

What do you think and how does this impact you and city governance? I think it is paramount to understanding the process and determining whether it works satisfactorily given these perilous times.

It is hard to state the case for a new paradigm of governing required by the obvious inadequacies of doctrinaire principles of capitalism, socialism, progressivism…. any ism.

In microcosm, New Rochelle is as complex as the United States. You will get the government you are willing to fight for. We are either too angry, too apathetic, and often are not willing to go back to grid one and examine who and where we are.

I support the Constitution of this great nation and the New Rochelle Code, but accept that if it is antiquated, impractical, or not reflective of how things are actually done, then change it. Isn’t that how we do things in this country?

2 thoughts on “Does the City Code Actually Mean What it Says?”

  1. No comparison between Obama and Bramson
    Warren, I presume we are within a decade in age so I am of the same generation and have seen at least 7 administrations. First, with all due respect, there is NO parallel between Obama & Bramson. Obama has made the great achievements you cited while Bramson has the following accomplishments during his tenure. Bramson established a refuse/garbage FEE, disavowed library funding by removing funding from the NR Charter, which you quote, BEFORE alternate funding was assured, gave the city away to wealthy developers, proposed privatization, voted to TERMINATE FIREFIGHTERS multiple times and Bramson has an “executive assistant” who makes almost as much as he does.

    While everyone is rightly outraged by the proposed termination of 6 firefighters there is much more to be outraged about. Should the Governor’s tax-cap be overridden, (Dems & GOP), don’t believe it’s to protect the firemen; it’s not. If the council wishes to break the cap, include the $4.2 million currently disguised as the refuse fee so it’s tax-deductible. This will never happen because the city manager, who prepares the budget by charter, would have to own up to what amounts to a 12.8% tax increase WITHOUT saving the firefighters. As the total budget stands there is a 9.1% equivalent increase in the refuse fee and the proposed 3.68% under the Governor’s tax-cap. The city council should have the guts to save the firefighters and increase taxes by 15% rather than play these bizarre refuse fee / library tax games. The real outrage to citizens is that no one has proposed eliminating the following positions before considering public safety cuts; communications specialist, mayor’s executive assistant, one of two city manager secretaries, sustainability coordinator or the politically appointed position of city clerk. How about doing away with 24-7/take home vehicles [except city manager, police & fire] and allowing the employees to take the mileage allowance on their income tax as is the norm? Now we hear council representatives cry there are people and families that should be taken into considerations with the cuts and I agree. But what about the families of the firefighters, crossing guards, DPW and recreation workers slated for termination? What about their families? Are they not people? What about police and firefighters who are placed in LIFE-THREATENING situations because of the reduction in manpower through attrition? Over 90% of the aforementioned budget shortfalls and decimation of civil servants/public safety occurred under democratic control since 1992.

    I appreciate the extraordinary time put in by all council members including the mayor but as you pointed out, they are by charter, part-time positions. Let me correct that, the position of mayor is a ceremonial position that is part-time. They have qualified a 20-hour workweek qualifying for benefits but lifetime benefits after only 5-years of service is OBSCENE! If someone decides to devote full-time hours to part-time ceremonial position they deserve a plaque not lifetime benefits (health insurance and GUARANTEED RETIREMENT). Let’s not forget, the firefighters lost free health insurance benefits for retirees so why should council be different?

    You have stated multiple times that you are a Bramson supporter because he is bright while admitting Bramson lacks the people skills of a George Latimer (who speaks out of both sides of his mouth). Bramson’s shortcomings are that he has no street smarts and his main focus is building an undefeatable New Rochelle democratic regime that currently stands almost 2 to 1 registration advantage. Since the 2000 Census New Rochelle’s population has increased by 7,000 residents. This is mostly in the West End (immigrants) and downtown in the new skyscrapers (Avalon 1 & 2, Trump/Cappelli etc.). The overwhelming majority of immigrants and skyscraper (NYC) tenants are registered democrats. In another 4 years the democratic registration edge will be 3 to 1. Bramson has been heard stating there should never be another republican elected in NR and that is his ultimate goal.

    When the smoke clears, the democrats must accept responsibility for NR’s current state. It’s not solely the fault of the economy since the democrats have been in control for nearly 20-years. Through the Clinton era when there was unparalleled prosperity, the NR democrats failed to parlay that prosperity into a solid base for the future. The NR democrats focused on people with disposable income and transit oriented overpopulation in the downtown. Major development came without paying their fair share and environmental statements found no addition public safety, [police, fire & sanitation] were needed. Only now, after the horse has left the barn, is New Rochelle looking at the cumulative impact of these projects and realizing public safety is at an all time low.

    Recently there was a major sting operation that netted 40 plus middle to low-level drug dealers, a police sergeant raped a young woman, resigned and pled guilty, an assistant principle admitted committing multiple sexual acts on a student multiple times in his office at IEY, a security officer transmitted nude pictures of a female student without disciplinary action, another security officer impregnated a student, a supervisor in DPW rigged bidding and pled guilty after a 66-count indictment, a HVAC employee was convicted of stealing and had a no-show job, a building inspector resigned after reports of shaking down residents and this is the tip of the iceberg. This is a direct result of the urbanization of NR, which is the path that the NR democrats have chosen. I realize you may counter that much of this is the school district but check the current and past trustees to see how many are Bramson donors much like Cappelli and Forest City Ratner. The NR democrats under Idoni & Bramson piloted NR down this path and must accept responsibility. Another TOTS poster had it right with the democrats’ Voodoo economics.

    I wish you luck in your research of the charter but don’t put too much faith in your findings because the NR democrats have changed it at will; removing 100-years of library funding, twice increasing the salary of mayor to its current $90K plus without specifying additional duties, increasing city council salaries and changing the appointment of the Civil Service Commissioner from the mayor to the city manager, which was done by Bramson after the Procopio STAR and Veteran tax scandal.
    Once again I wish you luck and look forward to future postings.

  2. Food for Thought
    When the Master governs, the people
    are hardly aware that he exists.
    Next best is a leader who is loved.
    Next, one who is feared.
    The worst is one who is despised.

    If you don’t trust the people,
    you make them untrustworthy.

    The Master doesn’t talk, he acts.
    When his work is done,
    the people say, “Amazing: we did it, all by ourselves! – Los Tzu

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