Title
Resolution for Override of Mayor’s Partial Veto of R-20-177 (8 Votes Required)
Staff
Prepared by: Betsy Blake, Senior Assistant City Attorney
Body
Whereas, On May 18, Council passed Resolution R-20-177, “Resolution Regarding FY21 Budget and Financial Recovery Plan” as amended;
Whereas, The City Charter, Section 4.5(a) provides for veto power of the Mayor as follows:
“Within seventy-two hours, exclusive of Sundays and holidays, after a meeting of the Council, the Clerk shall present the record of the meeting to the Mayor for approval. Except in cases of appointment or removal of officers by the Council, the Mayor may disapprove, in whole or in part, any action taken by the Council by resolution, order, or otherwise. The Mayor shall file the disapproval and reasons therefor, in writing, with the Clerk within seventy-two hours, exclusive of Sundays and holidays, following presentation of the record to the Mayor. Such disapproval shall be reported by the Clerk at the next regular meeting of the Council or at a special meeting called for consideration thereof. Council action disapproved by the Mayor shall be of no effect, unless re-affirmed by the concurring vote of at least eight members of the Council within thirty days from the time such disapproval is reported by the Clerk.”
Whereas, On May 22, 2020, the Mayor partially vetoed Resolution R-20-177 by filing a disapproval with the City Clerk;
Whereas, The vetoed portion of Resolution R-20-177 read: “RESOLVED, That the proceeds the City receives from the County Mental Health and Public Safety millage are treated like all other unrestricted, general purpose tax revenues with Council determining annually how they are utilized as part of the budget process” (“Partial Veto”);
Whereas, The balance of Resolution R-20-177, except for such portion, was not affected by the Partial Veto;
Whereas, City Council has the right to override the Mayor’s partial veto by reaffirming the vetoed portion of the resolution by the concurring vote of at least 8 members of the Council within 30 days from the time the disapproval is reported by the Clerk; and
Whereas, The City Clerk has reported the disapproval at the Council meeting of June 15, 2020;
RESOLVED; That the City Council hereby reaffirms the portion of Resolution R-20-177 that was subject to the Mayor’s Partial Veto, which reads: “RESOLVED, That the proceeds the City receives from the County Mental Health and Public Safety millage are treated like all other unrestricted, general purpose tax revenues with Council determining annually how they are utilized as part of the budget process;”
RESOLVED, That the Mayor’s Partial Veto of Resolution R-20-177 is overridden.
Sponsored by: Councilmembers Hayner and Ramlawi