Just another day at the park (the person who took this photo told me that they took this at 3 PM one day last week, and when they drove by again at 8 PM the guy in white was still passed out in the same spot.)
While the politicians from the city and county are pointing fingers and discussing what they can and cannot do at Van Eps Park (eliminating the alcohol) I believe the Mayor has the ultimate executive power to make Van Eps a dry Park, whenever he wants to;
Section 3.01Â Executive power.
The executive and administrative power of the city shall be vested in a mayor.
Section 4.01Â General provisions.
- Creation of departments. The mayor may establish city departments, offices, or agencies in addition to those created by this charter by filing an executive order which may also provide that any funds previously appropriated to perform a function which is being transferred may thereby be transferred to the new major organizational unit performing such function, with such order becoming effective after the expiration of 25 days from the date it is filed, unless action is taken to nullify the executive order by a vote of six (6) or more members of the city council. The mayor may prescribe the functions of all departments, offices, and agencies, except that no function assigned by this charter to a particular department, office, or agency may be discontinued or, unless this charter specifically so provides, assigned to any other.
As I understand it, the Mayor doesn’t need approval from the Parks Board or the City Council, he could file an order today. Now it would seem the city council could overturn his order with a 6/2 vote in next meeting, if they choose to.
Has the mayor ever used this power in the past, probably, but the one instance I can think of was when he authorized the purchase of snow gates for testing.
Let’s assume that he does have this power (if I am reading the ordinance correctly) so why hasn’t he used this authority? It seems him and Fiddle Faddle are playing games with the city charter (and state law) by throwing it back in the Park Board’s lap. Who appoints the Park Board? The Mayor.
So why has the city chosen to put temporary restrooms and more picnic tables at Van Eps? And what reason would the mayor have to drag his feet on this matter?
Honestly, I don’t know. I do know that some city councilors, county commissioners and park board members are not happy about the situation. The only thing I can think of is that they (Mayor’s office) are just biding their time with these people until the Good Shepard closes and The Bishop Dudley Shelter opens.
Funny how when it comes to entertainment facilities, nothing can be done fast enough, but drunks at a park out of site of ‘respectable’ Downtowners, our hands are tied. Yeah right.