FALL RIVER — Proponents of the new city charter are seeking legal representation to take action against both the administration and the City Council for what they believe are violations of a key component in the charter.
“We have no alternative but to seek legal action,” said Augie Venice, the past chairman of the Fall River Home Rule Charter Education Group. “I’ve addressed city councilors on a number of issues and they just don’t care and whatever I say I have better luck talking to the wall.”
A revision of the charter was overwhelmingly approved by voters in November.
The frustration appears to have come to a head during Tuesday’s City Council meeting when the discussion turned to the charter requirement regarding the creation of a special committee to review city ordinances to insure they are in line with the new charter.
According to the charter, the mayor and the city council were to have “immediately” formed the special committee by ordinance after the adoption of the charter.
Former Charter Commission co-chairman Michael Miozza said dealing with the administration and the council has been “getting very frustrating.”
“Apparently the city and the City Council don’t appear to be abiding by the charter,” Miozza said, a former city councilor himself.
The special committee would be tasked with not only a review of city ordinances as it pertains to the charter, but to determine any revisions and amendments needed to ordinances to bring the local laws into conformity with the charter.
The charter outlines that members of the special committee should be composed of voters, the city clerk and that the city attorney or a special counsel be appointed by the council to serve as an advisor.
Nearly four months after voters approved the new charter, which was more than two years in the making, no special committee exists. There appears to be no urgency on the part of neither Mayor Jasiel Correia II nor the council to honor the formation of the special committee.
So far the only person weighing in on the new charter is Corporation Counsel Joseph Macy who began issuing opinions from the charter’s inception beginning with ruling that city firefighter Joshua Hetzler, newly voted in as member of the Fall River School Committee could serve despite the new charter forbidding city workers from holding elected office.
Most recently, Macy presented his opinion Tuesday night regarding Director of Financial Services Mary Sahady’s new contract and increased salary of $40,000 as she reportedly went from a part-time department head to a full-time department head.
City Councilor Bradford Kilby questioned whether her new contract signed late December deemed her a new appointment which would require council approval.
In his one-page opinion, Macy deemed that the renewed contract did not require council approval and that Sahady was not a new appointment.
City Administrator Cathy Ann Viveiros said the administration wanted a better understanding of the impact of the charter, while Macy asked to give them six months of “dealing” with the new charter.
“I would think realistically the discussion or the work of such a committee probably couldn’t or shouldn’t begin until June. You want to get through the budget process,” Macy told the council.
Miozza said he felt that Macy presented “a cavalier comment” toward the special committee requirement.
“That’s not what the voters voted for.” Miozza said.
Macy on Wednesday said he doesn’t see any resistance from anyone in the formation of the committee and that he was referring to the “serious work of the committee” would likely not start until June.
“I did not suggest that it not be formed before that,” Macy said.
A vague timeline could create an additional charter violation.
The special committee if it had been assembled “immediately” per order of the charter has one year to file a report with the City Council.
Email Jo C. Goode at jgoode@heraldnews.com