City Council President Nieves: Legislative Body Requires Its Own Legal And Budget Advice

You can’t serve two masters. Hate one and love the other, right?

City Council President Aidee Nieves asserts “it’s time we build confidence with our constituents that we are an independent body.”

That means the legislative authority asserting its power of the purse.

Separate branches of the federal government–Congress and the president, respectively–beckon the same legal advisors? Nope.

Connecticut’s General Assembly and the governor procure advice from the same lawyers? Negative.

Connecticut’s largest city, however, embraces the dubious distinction of lawyers for the City Attorney’s Office crafting legal advice for both the executive and legislative branch that also approves the municipal budget and sets the tax rate.

Too many conflicts arise.

The City Council approves the legal office budget proposed by the mayor, but has never asserted control over its own legal guidance. If the mayor wants this and the council wants that what happens? Lawyers will always side institutionally with the mayor. Municipal lawyers are appointed by the executive branch of government. Next case.

This isn’t about personalities, but Bridgeport’s incompatible government setup.

Municipal lawyers can opine all they want that they can serve two masters. They cannot.

Nieves and freshman co-sponsor Tyler Mack on Tuesday night will submit a resolution referred to the Ordinance Committee proposing separate legal and budget guidance to the City Council as well as bolstering legislative staff.

This process will become sticky. It’s the long-held belief of municipal lawyers that only the city attorney has the power to hire legal counsel. Some of this will be embraced, some not.

The City Council, if united, can leverage its budget authority against the executive branch. If you don’t give us this, we’re gonna slice your budget, especially the outside legal services that grease mayoral campaigns.

Does the will exists?

Bridgeport has roughly 12 full-time municipal lawyers on staff, but farms out legal guidance for specialty areas.

Paging all the outside lawyers who gussied up their bank accounts during the federal government’s test-cheat probe of imprisoned former Police Chief AJ Perez. That messy stew cost taxpayers millions of dollars.

Mayor Joe Ganim, by virtue of the City Charter approved by voters, has strong veto power, but does he really want to get into this battle if Nieves pushes hard?

He can simply say hey, if they want their own legal advice, let them have it. Especially with an election year on the 2023 horizon.

Does this proposal require a charter change? This one one will have some give and take. If reasonable heads prevail it’s workable.

Nieves sounds like a legislative leader who’s gonna fill out her term and pack it in. Still, this provides her a platform for higher-office ambition, is she so chooses.

No other City Council president since voters granted the legislative body budget-approval power more than 30 years ago has taken on this challenge.

Who’s pushing this proposal?

Bridgeport Generation Now that supported both the election of Nieves and Mack. The community reform group, led by Callie Heilmann, Gemeem Davis and a cadre of volunteers, is gaining traction as a political and government influencer, combining resources, retail work and strong messaging.

You don’t win all of them. Gen Now pushed for a 20 percent affordable housing set aside for the market-rate, 400-unit next phase of the Steelpointe Harbor development area. Didn’t happen.

Some reform issues just make complete sense in the face of structural bewilderment. This is one of them.

The OIB community has banged this legal representation reform drum for years, as it did regarding the elimination of city councilors on the municipal payroll during the Bill Finch mayoral years. Yes, city councilors, working at the pleasure of the mayor, approved budgets that financed their paychecks.

Insider political cynics declared it a bogus issue.

State Senator Marilyn Moore exerted opposition to the conflict when she lanced incumbent Anthony Musto in a 2014 Democratic primary. She was central, along with the late Senator Ed Gomes, to reversing the conflict.

Where will the Nieves/Mack proposal lead? One thing is for sure, Gen Now will invest resources behind this reform policy.

The cost to implement the legislative language? What does it save in the long run?

Excerpt from proposal:

Legislative and Legal Counsel to the City Council.

(A) The Council shall appropriate sufficient funds to hire an attorney, or outside counsel, to advise members of the City Council on city matters when requested pursuant to this section. Such hiring or retention may be on an as-needed basis or otherwise, depending on the needs of the council.

(B) A request by resolution can be made for such outside counsel at any time for any reason on any issue or issues related to city matters when in the opinion of any 11 members of the council, it is necessary for the city council to obtain legal advice outside the city attorney’s office. The resolution to obtain additional counsel shall contain the name of the attorney or law firm to be retained and the issue or issues to be addressed, and such counsel shall be selected as follows:

(a) Once the council has determined that outside counsel is necessary, the council shall solicit applications or recommendations with consideration to the appropriateness of the proposed attorney’s qualifications, estimated fees, and other such considerations. This solicitation or application process will be made public in advance, and the council’s discussion and voting on the selection of the attorney(s) shall be done on the record during regular council meeting(s).

(C) The hiring of outside counsel pursuant to this section is not subject to the approval of the mayor or city attorney.

(D) The City Council hereby determines that it may be necessary for the Council to obtain legal advice on a wide range of topics in addition to the advice of the City Attorney and hereby authorizes as follows:

(a) The President of the Council is authorized to appoint, subject to the approval of the majority of Council, an attorney to serve as Legislative and Legal Advisor to the City Council.

(b) Such attorney shall serve as an “at will” employee of the City Council, shall be a member of the bar of the State in good standing for a period of not less than ten (10) years at the time of appointment, and have been engaged in the practice of law as his or her principal occupation for not less than five (5) years immediately preceding appointment. Compensation and benefits, job duties, and other terms and conditions of employment shall be determined by the Council President, consistent with the provisions of B(a) above. The appointee shall be subject to removal by a vote of 15 members of the Council.

(c) Such attorney shall not be a relative of any member of City Council. A relative, for these purposes, is an individual who is related to the public official as father, mother, son, daughter, brother, sister, uncle, aunt, first cousin, nephew, niece, husband, wife, father-in-law, mother-in-law, son-in-law, daughter-in-law, brother-in-law, sister-in-law, stepfather, stepmother, stepson, stepdaughter, stepbrother, stepsister, half brother, or half sister.

(d) Such attorney, and any relative of such attorney, shall not have held any position, paid or volunteer, with the City of Bridgeport within the previous 5 years prior to appointment.

(e) Such attorney shall not be a member of the Democratic Town Committee, Republican Town Committee, or any Town Committees yet formed.

2.06.100 – Budget Director for City Council.

(A) The council shall appropriate sufficient funds to hire a Budget Director to advise members of the City Council on budgetary matters.

(B) The Budget Director shall be selected as follows:

(a) City Council shall hire and retain a Budget Director who will be assigned to serve the Council. The Budget Director serves at the pleasure of, and whose duties shall be prescribed by, the City Council. Such Budget Director shall be an Unclassified Employee.

(b) The President of the Council is authorized to appoint, subject to the approval of the majority of Council, a Budget Director to serve the City Council.

(c) The Council shall solicit applications or recommendations with consideration to the appropriateness of the proposed Budget Director’s qualifications, estimated fees, and other such considerations. This solicitation or application process will be made public in advance, and the council’s discussion and voting on the selection of the Budget Director shall be done on the record during regular council meeting(s).

(d) Such Budget Director shall serve as an “at will” employee of the City Council. Compensation and benefits, job duties, and other terms and conditions of employment shall be determined by the City Council. The appointee shall be subject to removal by a vote of 15 members of the Council.

(C) Council members shall not appoint nor recommend for appointment any relative to be an employee of City Council. A relative, for these purposes, is an individual who is related to the public official as father, mother, son, daughter, brother, sister, uncle, aunt, first cousin, nephew, niece, husband, wife, father-in-law, mother-in-law, son-in-law, daughter-in-law, brother-in-law, sister-in-law, stepfather, stepmother, stepson, stepdaughter, stepbrother, stepsister, half brother, or half sister. (see https://ethics.house.gov/staff-rights-and-duties/nepotism)

(D) Council members shall not appoint nor recommend for appointment any member of the Democratic Town Committee, Republican Town Committee, or any Town Committees yet formed to be an employee of the City Council.