Cosentino: Change, politics mingle in Auburn

By Guy Cosentino

Thursday, February 14, 2008 11:54 AM EST

Much has been made about the recent audit by an Ithaca accounting firm, regarding Auburn's failure to secure $920,000 in aid. The audit also raised questions about the process used to hire the city's two part-time lawyers. A bigger question, beyond the current contracts (that run out this year) is what the structure of the city's legal team will look like and, more importantly, who will appoint the personnel involved.
Auburn currently retains the services of local attorneys Andrew Fusco and John Rossi, who are to bill the city on a regular basis (something that has not been done, as pointed out in the audit). Yet there are grumblings about the current arrangement from members of the city council and city staff, unhappy with the arrangement created by City Manager Mark Palesh.

While no one seems to question the quality of work of both attorneys, there are questions about their availability. Before the current set up, the city had on staff a full-time corporation counsel and assistant, for nearly 15 years. That allowed city staff daily, if not hourly, access to a legal team that is missing at this point. While it should not be expected that any full-time city attorney should be able to do all the city's work, the knowledge that you can call the counsel's office at any time is sorely missed by many.

That has resonated with the city council and it will likely see a change if not soon, then later (i.e. this spring's budget process). The votes for a change are likely there. At least two of the five members of the city council - Mayor Michael Quill and councilor Thomas McNabb - served in city government when a full-time counsel was the norm. As a policy decision, it is likely that the structure of the current set up will change.

The bigger question is who will pick the person(s) to fill in, whatever structure is chosen? Quill has already gone on record that it is the manager's pick - which is correct. Yet, with the appointment fiasco prior to the city manager coming on board, in December 2006, there has been a persistent buzz that whoever is picked should get the blessing of the city council and, in essence, be a political appointee.

That would be a grave mistake by the mayor and council. They have a role in determining the structure (which by the way needs to be done on the floor of city council chambers, not in executive session) - but the charter gives the power of appointment to the manager. Anything less harkens back to the dark days of political patronage that retarded the city from moving forward.

Cosentino is a former mayor of Auburn and can be contacted at cozguytho@aol.com

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