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asking for the transfer within that particular department. Ms. Ricci said this does not <br />allow for the City Manager to come to Council after the money is spent and for these <br />reasons, if the State Auditor and the City Attorney do not have a problem with this, <br />she will support the City Manager in this. <br /> <br />Mr. Sharpe asked the City Manager if he could speak with the City Attorney so that <br />this could be publicly stated that it is acceptable according to the City’s Charter. <br /> <br />Mr. Mulligan said it was a reasonable construction of what is permitted under the <br />City’s Charter. The Charter is not crystal clear on the particular point as Section 38 <br />of the Charter sets out a procedure if you are making inter-classification transfers or <br />inter-departmental transfers but is silent on the issue of intra-classification (within the <br />classification transfers.) At the same time the Charter authorizes the Council to pass <br />ordinances relating to the budget that establish rules, including on the classifications. <br />Therefore this is an exercise of the Council’s authority that is not inconsistent with <br />the procedures set out in Section 38. The reason it is not inconsistent is because <br />you are making transfers within a classification as opposed to between <br />classifications or between departments. Mr. Mulligan noted this bill is more <br />restrictive in so far as the City Manger’s budget transfer authority is concerned than <br />the resolutions which was previously before the Council. He stated that resolution <br />would have authorized transfers between classifications but within a department. Mr. <br />Mulligan said it is his opinion that this ordinance is legal. <br /> <br />Mr. Walker asked Mr. Mulligan for clarity that this ordinance was drafted by him on <br />the basis of submitting a legal document to Council. Mr. Mulligan said that was <br />correct. <br /> <br />Mr. Price asked the City Manager what events would require him to exercise this <br />authority. <br /> <br />Mr. Walker said there may be some instances where a particular category is under- <br />funded where money needs to be re-allocated. He said an example would be in tree <br />trimming and additional services were needed that were not budgeted but there was <br />a surplus in another category in another classification as defined within the ordinance <br />which could be transferred under the $25,000 ceiling and then report to Council as <br />per the requirement in Section 2 on the second page of the ordinance. <br /> <br />Mr. Price asked for clarification from the Chair on the transfer if it came to the City <br />Council for approval or is the transfer done and would be for information only. <br /> <br />Mayor Welsch noted that her understanding is that this ordinance would give the City <br />Manager the authority to make the transfer and then come back to the Council and <br />advise the Council of the transfer. <br /> <br />Mr. Price said that it would be for informational purposes only and Mayor Welsch <br />said that was correct. <br /> <br />Ms. Ricci said this has been something that she has felt very strongly about, the lack <br />of accountability, but has tried everything she could, but the State Auditor finds no <br />problem with it and the City Attorney finds no problem with it. She noted the <br />differences with the resolution versus a bill and the transfer is done by the City <br />Manager instead of the Department heads and Mr. Walker will be providing a report <br />of the transfers. <br /> <br />