From: Gerry DeCusatis
Date: Fri, 29 Aug 2014 15:22:21 -0400
To: Office of the Mayor, Richard Leggiero, Ed Russo, Ron Barone, Valerie Beekman, Diane Hatzenbuhler, robert spagnola
Cc: Susan Alibozek
Subject: Fwd: resolution request
The requested resolution appears to be an attempt to direct city employees in their day to day actions. The direction of city employees is an executive power belonging to the mayor. This power cannot be changed by a resolution. A charter amendment would be required and such an amendment would be subject to a mandatory referendum.
There is no “legalese” that will cure this proposed resolution.
Perhaps it would be helpful if I were provided with more details of the actual events that this is attempting to regulate along with some communication of the goals of the resolution from the requester.
On Fri, Aug 22, 2014 at 3:20 PM, Susan Alibozek wrote:
Gerry – below is a resolution draft requested by Alderwoman Hatzenbuhler. The request stems from the removal of the fence at Milton Avenue, painting of murals on City owed property, etc. There may be a Committee of the Whole at 6:30 on September 2 to discuss this resolution therefore if you can provide more legalese to the resolution it would be most appreciated.
WHEREAS, in the past City-owned property has been removed, used, painted etc. without the knowledge or consent of the Common Council.
RESOLVED, no city employee shall use, remove, paint, deface any City-owned property without the written knowledge and consent of the Common Council.
Susan Alibozek, City Clerk
City of Amsterdam