Monday, February 23, 2015

Bad news for Tom Howard fans

The City's Ethic Board's file contains a memo dated May 1, 2013 that clearly indicates the terms in office of all three Ethics Board members ended in March, 2014.

When an Ethics Board vacancy continues unfilled for more than 60 days the Mayor loses the power to fill that vacancy. The duty shifts to the remaining members of the board.

The big problem is . . . you actually have to WAIT the whole 60 days.

The terms for the prior Ethics Board members didn't end until March, 2014. Zuly was appointed and confirmed for a new term early, before her first term in office had ended.

The other slots on the Ethics Board had not been empty for 60 days when the March 12, 2014, Board meeting happened. The attempt to name Tom Howard to the Board was an usurpation of the City Council's powers and prerogatives. If it is not void, it is surely voidable, if you know what I mean.

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