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Rules committee seeks written counsel opinion amid debate over appointment powers
Summary
Council members debated a bill to shift appointment authority for certain boards and asked the Office of General Counsel for a written advisory (and to clarify whether a binding opinion is possible). Jason Teal cited a 1968 Durden advisory opinion and City of Jacksonville v. Bowden (1914) in the legal history of appointment powers.
Council members spent an extended portion of the Rules Committee meeting debating which branch — the council or the mayor — holds the authority to appoint members to certain boards and whether the committee should await a written legal opinion before taking a final vote.
Jason Teal, legislative council, summarized earlier legal work: "I suggested the provision in section 4.02 of the charter" as one path to resolve…
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