Council Vote To Reverse Term Limit Extensions Not Valid
Utica's Corporation Counsel is responding to last week's vote by the Common Council to reverse the decision to extend term limits for elected City officials from 8 to 12 years, saying the vote was not valid.
William Borrill says a Local Law can only be repealed by another Local Law. Borrill says it's different from an ordinance or resolution.
He says the law to extend term limits was filed with the Office of the New York State Secretary of State and is now "on the books."
Borrill says the only way to amend or repeal a Local Law is with another Local Law, and it cannot be undone by a last minute procedural vote.
He also says the reconsideration vote itself is in violation of the Municipal Home Rule Law and the Council's legal authority to reconsider the law ended when the Mayor signed it.
Common Council attorney Anthony Garramone is in agreement with the Corporation Counsel's opinion.