June 13th~ 1961
<br />
<br />the Auditor's viewpoint, does not reflect the proper, authorized, application of funds. At some point after
<br />30 April, 1960 the Manager caused the entire amount received from the Tunnel Commission to be entered as
<br />revenue received. The Manager had been authorized at the 2nd meeting ~uMarch 1960 to apply $783,862 64 of this
<br />amount to wipe'out the previouS (accumulated) deficit. The ~nager wa~ pot given authority to apply the remain-
<br />ing $568,684.88 of this lundin anyway. That is was ased to cancel out the potential deficit in the General
<br />Fund is obvious. It im equally obvious that the agreement of tbs majority of members of Council to use this
<br />difference to fund a pay raise for the next two years was of no effect and that such raises must be paid from
<br />future revenue.
<br />
<br />Calculation:
<br />
<br /> $1,352,547.52
<br />minus 783?862.64
<br /> 568,684.88
<br />minus 141~101.85
<br /> 427,583.03
<br />
<br />Tunnel Funds
<br />Deficit as of 30 June 1959
<br />
<br />Balance 30 June 1960 as stated in audit
<br />ACtual Deficit General Fund (IInquete)
<br />
<br /> April 12th, 1961, at a regular meeting of Council, I again reminded the Manager
<br />of his failure to present an answer to my charges of improper, or misuse, of funds. This was repeated again at
<br />the next meeting on April 2.6th, 1961.
<br /> it is pertinent to mention at this point, that there has been'practically no
<br />interest, and absolutely no support, for my efforts to resolve these important fiscal questions. The Manager
<br />has accepted this absence of interest and lack of support as tacit approval of his actions, and, as t indicated
<br />in my opening remark, his position is at least partially invulnerable, By publicly failing to receive and
<br />resolve' the charges the Council has, in fact~ accepted the responsibility for any improper use of $568,684.88
<br />of the Tunnel Funds. The budget we have before us tonight is essentially correct A few appropriations have
<br />been squeezed well below last year's Spending (but that doesn't 'mean it won't he spent) and a few revenue items
<br />have been padded and the net designed effect of these "built-in" error~ is to reduce the total of new revenue
<br />requized to balance it. In fact, it is 'within a few'hundred thousand dollars of what we spent last year in
<br />spite of that dishonest 1960-61 budget I referred to previously. In fact, this is the budget we should have
<br />been presented with last'year:
<br /> I pose the following questions. Why did the Manager, without authorization of
<br />· Council, remove the Tunnel residue ~from its lawfully directed investment ~and 'use this fund to prevent a major
<br />deficit'balance in the'General Fund for the 1959-60 fiscal year? Why did he present a dish6nest 1960-61 budget
<br />and ignore all available knowledge in his pessession? And why, eighteen months afber'it was clear, even to a
<br />layman like myself, that our fiscal legislation was patently false~ are we now presented with the facts of life
<br />an~ asked to fill this void with new and permanent taxes? And not by a temporary tax rate change to produce a
<br />temporary increase in revenue for this particular year's excessive spending?
<br /> I~answer'these questions with the follo~Ying statement and charges: The Manager
<br />serves at the pleasure of the majority of this b6dy -- four men. Four Council seats were at stake last June and
<br />a slate of candidates, hacked by the people who run this town from outside the government, were certain of
<br />election if there were no major issues. A deficit in the General Fund of nearly half-a-million dollars two
<br />.mo~ths after the hulk of Tunnel funds had b~en used to wipe out the previouS'deficit would have been hard to
<br />suppress, even with the collaboration o~ the Public Relations staff and would have defeated at leaSttwo of the ~
<br />slate:
<br /> It iS my charge that tlie Manager, with~tacit, but not public and legal, consent o
<br />the majority of Council did, u~lawfully, use the Tunnel funds residue of $568,684.88 to prevent a deficit in thel
<br />1959-60 General Fund of $427,583.03 amd that this was done for the express purpose of hiding the fiscal status
<br />of the City and postponing both'the deficit issue and ~he search for new revenue ~ntil after the 1960 Council-
<br />manic elections: And, that the Manager failed to advise Council in June, .1960 that'the~Tuhnel ~und~residue had
<br />b~g~a~appli~d to the 1959-60 Generai ~und revenue to cdver a defic~zt unknown, at that ti~e, to anyone but himsel~
<br />and the auditor, an~I tha~ au'ch funds could n0C be .Considered for the purpose .of defraying the cost of~ am across-
<br />the-hoard pay raise for two or more years~
<br /> It is further charged that the Manager, by failing to officially advise Council
<br />of ~the above noted action and their e~ffects, and by failing to recommend a dhanke in the tax rate in June, 1960,
<br />and again in December 1960, to provide the necessary revenue as required by the City Gharter Chapter IV Section
<br />32 amd by Sections 58=844 and 15-575 of the Code of Virginia, has adversely affected the fiscaI~ Status of the
<br />City, aided the majority of Council in their d~reliction of duty ~and caused to be withh~ld from the citizems
<br />full and current knowledge of the fi~al~cof%dition of their government, an %nherent a~d guaranteed right .of
<br />Americans, and required by the languzge and intent of the above-mentioned statutes.
<br /> Comment pn Section M(c). The language of this section means (as interpreted by
<br /> me) ~hat the TOTAL amount, the AGGMMGATE of sums that the Nanager is allowed to ~ransfer during the ENTIRE
<br /> fiscal year, from.-one depsr~men~ rc another, or from any unappropriated surplus is $10,0OO.00. See Notion #1
<br /> Commen on Section M (d). If this language is intended to authorize the Nanager
<br /> re make any other changes in this udget as he deems necessary, then this budge~ is valueless as s fiseal instr
<br /> ment. If it is intended to suthoriz him to revamp the Governmen~ as he deems necessary es long as it does r~ot
<br /> increase the expense, it has no placm in this budge~ In either case, it is blanket authority of the kind given
<br /> ~o kings or dictators, and an improper delegation of authority. Se~{otion #~."
<br /> ~ by adding a senzence
<br /> Notion of ~{r. Walker to amend Secti(~h 2-C of the ordinance,~s follows, was lost
<br /> there being no second:
<br /> "The ~anager shall repor~ such transfers of funds in the monthly Finance Report
<br /> following the ~rsnsfer 8 .p a d mznus code shall be used to indi-
<br /> mn a separate column tztled Transfers' and a lus n
<br />cate from and ~o which account transferred." '
<br />
<br /> Notion! 'of ~r. Walker that'Mection g (d) be deie ~ . ~
<br /> .:,.,,~ .: ted from the ordznance was lost,
<br /> there being no second.
<br />
<br /> Vote being taken on Mr. Weisemsn's motion, the ordinance was approved on firsz
<br />reading, and by the following voge:
<br />
<br />Ayes: amir-h, Barnes, Breedlove, Leery, Seward, Weiseman
<br />Nays: Walker
<br />
<br /> 61-149 - "I 'submit the attached ordamance and recommend that it be placed on
<br />first reading. This ordinance appropriates funds for the Capital 'Improfement Fund for the fiscal year 196I-6g."
<br />
<br />
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