The City Council voted against the Ordinance and Rules Committee votes on two orders.

PITTSFIELD, Mass. — The City Council took power away from the mayor Tuesday night.

 

The City Council took ultimate say over the school budget and appointing authority away from the mayor in two separate votes. 

 

The first was to adopt a state law allowing the council to override the mayor's school budget. The second was to reject an administrative order that solidified the already existing hiring protocol that has the mayor as the appointing authority.

 

Both of the votes were against subcommittee recommendations.

 

The school petition was first put forth by Councilor At Large Churchill Cotton, which would give the council authority to override the mayor's recommended school budget by a supermajority.

 

The Council would be able to approve a number approved by the School Committee as well and those in favor called it a "safeguard" for an anti-education mayor.

 

"It doesn't automatically increase the budget but it levels the playing field by allowing the council to be an impartial arbitrator," said Cotton. "It is a safeguard for the educational system."

 

Ward 6 Councilor John Krol said the petition gives balance to the system. Currently, the mayor has all of the negotiating chips, he said. Last year, the School Committee sought a $2 million increase and the mayor asked for that to be cut in half. The parties didn't work together on that, Krol said, the mayor dictated it.

 

"I felt like our school budget ought to have been a higher number last year," Krol said.

 

Councilor at Large Kathleen Amuso, who is a former School Committee member, said the budgeting process works well as it is now because the administration and school are forced to work together. She cited an array of upcoming costs with the school and she doesn't want the law to be a way to increase spending even more.

 

"I think a lot of the work this budget is done before it comes to us," Amuso said. "It is only cost neutral if we don't vote to increase it."

 

Ward 2 Councilor Kevin Morandi agreed saying this is what the mayor's job entails. The mayor needs to look after the finances of the whole city and balance all of the departmental needs. The law doesn't allow for the City Council to override the mayor in any other budget.

 

"He's going to look at the whole city, the big picture and it is a balancing act," he said. "We have to be respectful for all departments in the city."

 

He added that the City Council doesn't have control over where the money would be spent anyway, only the bottom line.

 

Nonetheless, the council adopted the provision with a 7-4 vote with Morandi, Amuso, Ward 1 Councilor Lisa Tully and Council President Melissa Mazzeo voting against it. The vote overrides the City Council's own Ordinance and Rules Committee, which recommended it be rejected.

 

"I don't think we would ever need to draw on this," Ward 3 Councilor Nicholas Caccamo said, but added it was good to have this option available.

Council President Melissa Mazzeo voted against the school law and in favor of the administrative order.

The second vote was the rejection of an administrative order listing the mayor as the appointing agent for non-department head employees for an array of departments.

The order is required because of the new charter and is no different than the existing procedure, according to City Solicitor Kathleen Degnan.

"The mayor is already the sole appointing authority," Degnan said. "It's not any different than what we are doing now."

 

The City Council, however, said there should be a written procedure giving the department heads input on the hiring.

 

"The department head really has no say," said Ward 5 Councilor Jonathan Lothrop. "I'm just really concerned about that process."

 

Councilor at Large Barry Clairmont said he is worried that a mayor would use that authority inappropriately — citing the state's recent probation scandal. He called for a new order that would ensure department heads need to approve the hire as well.

 

"The person involved in that department in that location should have the most input," said Council Vice President Christopher Connell.

 

Degnan says mayors already include department head recommendations even though the ultimate say has been in the corner office. An extreme case is Commissioner of Public Utilities Bruce Collingwood, who has been hiring as the appointing authority under the assumption that he was. But there is no record that he has that authority.

 

"I have signed by name as the appointing authority for my employees," he said.

 

Collingwood added that no matter which type of approval is needed, the mayor's input is always going to be accepted. But, he says he has never been forced to hire somebody as a political favor.

 

"The mayor is still my boss. Even though I am the appointing authority, I would take the mayor's advice," he said.

 

Even though that has been the way it has been done, Krol says there is no harm in adding language to ensure it now.

 

"We understand that there is protocol that is generally in place but why not put it in writing?" he said. "I think would it would be fair enough to send this back and make sure that is encapsulated." 

 

That vote on the order failed — again against the recommendation of the Ordinance and Rules Committee — by a 4-7 vote with Tully, Morandi, Amuso and Mazzeo voting against.