Council cites court ruling affirming its bond authority and asks staff to review 'authorized but unissued' bonds

A council member told the Common Council that a state court judgment affirmed the council’s role as the disposing and appropriating body for the capital budget and directed the comptroller to act; members then requested staff review the list of authorized but unissued bonds to clear out projects that are complete or not project-ready.

The speaker said authorized-but-unissued bonds do not currently cost the city money but remain on internal lists that affect the city’s remaining bonding capacity. He asked the Department of Public Works and other agencies to determine which bonds are still viable and which should be removed from the list.

The speaker said the council and the acting mayor prevailed in court, noting the decision was "granted September 25 and filed with the county clerk the next day." He asked Corporation Counsel whether the comptroller has 30 days to appeal; Corporation Counsel confirmed the appeal window is 30 days from notice of entry and that the order remains in effect while an appeal period runs.

Councilmember Rivera welcomed the ruling as affirming council authority and urged cooperation going forward. Several members said the dispute had cost outside legal fees and expressed hope there would be no further litigation.

Action taken: the council moved to send item 55 (status of authorized and unissued bonds) to the Finance Committee for further review; the motion was seconded by Councilmember Nowakowski and adopted.

The Finance Committee was asked to request agencies review their capital project lists and report which authorized but unissued bonds remain justified and which can be removed to clear bonding capacity.