Thursday, June 08, 2017

City Council Tackled Ordinances Staff Didn't Follow

San Angelo's City Council learned city staff did not follow adopted ordinances in two areas, animal control citations and purchasing requirements. 

Neighborhood/Family Services Director Bob Salas stated

"As you know positions change, names change.  Unfortunately, that causes problems during court proceedings."
Management's changing position titles the last two years caused the problem Salas cited. Therefiore, Council needed to bail out Animal Shelter management by adopting a vague statement.  Staff's solution creates a mystery for the public as to who can actually write an animal control citation. 

Cleanup of the city's code of ordinances continued with the proposed removal of the full detail of purchasing practices.  Purchasing detail would move from ordinance to resolution, i.e. city policy.  Staff proposed removing policy level details by voting this and the next City Council meeting.  Once removed, said they would have policy details for the next meeting.  The rationale is codification is expensive to maintain and leaves room for errors, i.e. situations where purchasing actions do not match ordinance requirements.  Therefore, Council needed to redact aspects of the purchasing ordinance.

City Attorney Theresa James clarified the area the new resolution will cover once presented.

"It spells out those rules for any purchases less than $50,000."
Assistant City Manager Michael Dane:

"The key today is we're moving this from code to policy adopted by council."

James added:

"The main thing our code of ordinances does it creates a penal code, essentially, so you are not going to fine me $200 for not following purchasing policies.  We might have other penalties but it's not going to be a criminal fine.  There's no point in having this kind of policy in a criminal statute."
Ordinances are not a commitment to the way the city does business, with obligations and requirements of city staff and citizens.  Ordinances are a means to fine and punish citizens.  James' comments explain why there are no consequences for staff not following ordinances.

The June 6, 2017 City Council meeting was instructive for citizens interested in these two items.  We learned:

1) When staff doesn't follow ordinances
2)  It's up to Council to change them to something vague
3)  Or drop them altogether.

What lessons await in future council meetings?

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