Legislative Branch In Conflict, Torres Seeks Answers On The Powers Of City Council

Republican City Councilman Rick Torres asks a lot of questions. Asking questions can be an uncomfortable process, both for the pitcher and catcher. Uncomfortable for the pitcher because prying an answer from City Attorney Mark Anastasi can be an exercise in pretzel logic. It’s called Anastasi-speak. But it can also be uncomfortable for Anastasi because Torres is not inclined to ask and then let it go. He’s like Lieutenant Columbo coming back for more. Several council members are now asking questions, as a result of some dubious administration decision making, that has slowed the path of project approvals.

Several city departments have balked at Torres’ requests for financial information, saying we don’t report to you, we report to the administrative chain of command. Torres says some of the information he’s requested is just basic stuff. Mark Anastasi’s title is City Attorney, but in actuality he’s the Mayor’s Attorney, a role he’s had for more than 20 years, serving at the pleasure of the city’s chief executive. Anastasi has shown no inconsistency about his role. He is loyal to the chief executive he serves. And this is where the legislative branch is institutionally conflicted with the executive branch. The City Council does not have its own dedicated legal counsel outside the scope of the executive branch.

The City Council, as a complete body, has never demanded its own shackle-free counsel. The legislative branch relies on legal advice that in the larger practical picture answers to the executive branch. As a result, guidance comes with an asterisk. Lawyers being lawyers they will argue to suspicious council members there’s no conflict in the advice they give to the executive and legislative branches. Several of those city employee council members happen to serve at the pleasure of the executive branch, including the City Council President Tom McCarthy. It is Anastasi’s legal opinion, in defiance of the voter-approved City Charter, a loophole in state law allows city employees to serve on the city’s budget and legislative body, irrespective of some legal decisions declaring state law cannot be used as a convenient pretext to violate local rule.

In seeking financial information, Torres has asked Anastasi for a clarification on the reading of this section of the City Charter.

Section 4. – City Council—Power to procure information.

The city council shall have full power to require the different city officers and employees to furnish all the information which they may possess and to exhibit to it all books, contracts, reports and other papers and documents in their respective departments, or in their possession, requisite, in the opinion of said board, to enable it to discharge the duties imposed upon it by this chapter and it is hereby made the duty of all the city officers to furnish and exhibit the same when so required.

Torres says he’s awaiting a response from Anastasi for this email sent 10 days ago, with a copy to all council members:

I would like a definition of what the “City Council” means with respect to the City Charter. In chapter 9 section 4 states the following:

Section 4. – City Council-Power to procure information.

The city council shall have full power to require the different city officers and employees to furnish all the information which they may possess and to exhibit to it all books, contracts, reports and other papers and documents in their respective departments, or in their possession, requisite, in the opinion of said board, to enable it to discharge the duties imposed upon it by this chapter and it is hereby made the duty of all the city officers to furnish and exhibit the same when so required.

As you can see this statement is quite significant, powerful and all-encompassing. I believe this statement is among the most powerfully crafted transparency rules of governing that I have ever read. To a Council interested in oversight this would give us the right to look into every drawer and every file in the city.

2) How do you define the role of the Council President versus the role of any other Councilperson relevant to either’s ability to acquire information such as that provided for by the above sighted section of the Charter? Can you please provide Charter proof of your decision and/or state law proof.

3) Recently I was given information by the Budget Committee Chairperson. Although, I was the one who requested the information at the first Budget Committee meeting, the information necessarily had to flow, I was told by Mr. Nunn, through the Chairperson. Am I precluded from requesting or receiving information directly from city staff? As you know I have been relegated to the Council’s Siberia committee and I hold no Chairmanships. Does that mean that I cannot receive information directly?

4) You have stated that in Executive Session the council may deal with extremely sensitive information. Does this include personnel issues? My assumption is that we, the Council, has the right to see all information the city may have (Charter Chapter 9 Section 4) on any matter. Am I wrong? If this is so, why would Mr. Sherwood suggest that the reason that we were excluded from getting certain files in the past was due to their sensitive nature. Are there any sensitive nature issues that you consider that are beyond the purview of this body?

The way you answer these questions will determine how I perform my job. I would like a formal and documented opinion of these questions as soon as you possible. Interestingly, I am assuming that I have a right to ask you these questions in the first place, which, of course, is an answer in its own right.

How this Council behaves ought to be a matter of open description. This body ought to have duties and responsibilities which are listed for the public to see. Individual constituents ought to be able to ask their Councilpersons to look into things for them. I grant you that access of sensitive material ought not reach the public, if it is protected by law. However, everyone’s pay is public information. That should be available. Who works for city hall ought to be available. Where people work for city hall ought to be available. A full description of the responsibilities of city employees ought to be available.

Good government begins with an open door policy. City Hall’s doors are mostly closed, even to me. I hope we can work together to make Bridgeport a more righteous place.