Mayor is using his authority in appointing events director

Youngstown Mayor John A. Mc- Nally has created a five-member committee to review the 54 applications for the position of coordinator of downtown events and special projects — as is his right to do.

Likewise, city Law Director Martin Hume has rejected a demand from two members of council for legislation that would allow the legislative branch to spend up to $40,000 for outside legal counsel. The Youngstown Home Rule Charter designates the city law director to be the attorney for all city officers, including members of council. Hume has flexed his legal muscle — as well he should.

Councilwomen Annie Gillam, D-1st, and Janet Tarpley, D-6th, did not disclose why they wanted council to have the ability to hire its own lawyer, but given the battle over who has the authority to name the downtown-events and special-projects coordinator, council members or the mayor, it’s safe to conclude that Gillam and Tarpley aren’t buying Hume’s reading of the city charter.

But the law director is standing firm on his opinion.

With respect to the question of whether council may appoint a coordinator of events and special projects, Hume said that the legislative branch cannot. The reason: The charter gives it the power to hire only council clerks.

He also made it clear that lawmakers weren’t going to get away with questioning his legal standing and his reading of the charter.

“This opinion is based upon the express words contained in the charter and not influenced by anything other than my professional legal opinion based upon my legal training and experience,” Hume wrote. “Thus, there is no conflict of interest which would require me to recuse myself in this matter, or justify the hiring of outside counsel.”

There was no equivocation in the letter, which should serve as a stern warning to members of council not to step over the line drawn by the charter in defining the duties of the legislative branch.

Mayor McNally’s decision to proceed with the appointment of the downtown events coordinator is an endorsement of sorts of his law director.

Indeed, it was clear from the outset that even if council had passed legislation to hire outside council, the board of control, made up of the mayor, law director and finance director, would not have voted to bring in a law firm.

This is not the first time a city council has attempted to usurp the charter authority of the executive branch, and it won’t be the last. But future administrations will have Hume’s opinion to bolster their positions.

Long list

As for selecting the downtown events director, the mayor is rightly pleased with the large number of applicants for a job that pays $41,000 a year, and while the committee he appointed will submit its consensus pick to him by Oct. 10, he has reserved the right to object.

McNally has said he would meet with the committee members should he not agree with their choice.

That, too, is his right. Whoever is appointed to the position will answer to the mayor; by the same token, the mayor will be solely responsible for the performance of the downtown events coordinator.

That’s why city council, made up of seven elected ward representatives and a president elected at large, is not given the authority by the charter to go beyond appointing their clerks.