Springs Council Seeks 2nd Opinion

A power struggle between City Council and the mayor erupted during an informal meeting on Monday.

Jan Martin requested outside legal advice after receiving the city charter duty and responsibility guidelines from City Attorney Chris Melcher.

“Part of the charter does state that council has authority to make changes line-by-line in the mayor’s budget. If the mayor wants, he can veto changes and we can override the veto with a six-member vote. What this (Melcher’s) opinion has stated is that the mayor is not required to implement changes after we override vetoes,” explained Martin.

Martin wants a second opinion so council can have a broader discussion as to who has what responsibilities in the new government.

Melcher advised against Martin’s request, stating that his office represents both the legislative and executive branches.

“It really would be a disaster. It undermines the city to have different opinions. You get into the game of second guessing,” said Melcher.

Monday’s discussion stems from this year’s budget process, said Melcher.

In the 2012 budget, city council amended the mayor’s budget and directed him to hire an additional code enforcement officer and to spend $175,000 on tennis court maintenance.

When the mayor vetoed those requests, council voted to override his veto and directed him to follow through with the amendments.

The mayor asked the City Attorney’s Office for it’s opinion on whether it’s appropriate for council to direct the mayor on how to administer city funds.

City attorney Chris Melcher said his office looked at supreme court cases and conferred with other city attorneys across the country.

“The Colorado Supreme Court has said that the legislative branch cannot, through appropriations, and cannot, through budget, micromanage the mayor or direct the mayor on how to spend funds or how many people to hire,” said Melcher.

Melcher said his advisory opinion is meant to help council and the mayor understand their roles for the future.

The citizens of Colorado Springs voted for a strong mayor form of government in 2011.

“It’s not uncommon for council to struggle through change and adjust to a reduced role,” said Melcher.

There was a 5-to-3 vote in favor of getting a second opinion that would cost taxpayers.

Council will need to appropriate taxpayer money and come back with a budget appropriation ordinance, said Melcher.

The issue will be brought back in two weeks.