Over six months after city leaders began investigating if a purchase of candy and other items was legal they’re still looking for clues.
The normally routine approval of the claims docket turned into a spirited debate Monday when some purchases from December returned to the list. The board had previously removed those items to be sure it was legal to purchase them with city funds, but that determination still hasn’t been made.
“What was disallowed was portions of a bill, so now the question becomes why these bills – bills that we actually owe – shouldn’t be on the docket,” Delaware said.
Board Attorney Sarah O’Reilly Evans said she didn’t remember all the details, but she remembered the items in question were decorations for City Hall.
Delaware said the disputed items were plates and candy.
“It was bought mistakenly at Fred’s,” Delaware said. “Someone bought some styrofoam plates and some candy.”
Delaware said things like that have been purchased by the city for years.
“I don’t understand why anyone would have any issue with this,” Delaware said. “We buy picture frames, and we buy wreaths and things like that. Those things were put into the City Hall budget under ‘supplies.’ I’m really trying to understand why there was an issue.”
“I have no issue with it,” said Ward 2 Alderman Dr. Jack Varner.
Varner made a motion to pay the bills.
“It is my understanding that the board took them off in December so that the items could be fully vetted and the board could make a determination,” said O’Reilly Evans. “Obviously that didn’t happen.”
“Who should have vetted,” Delaware asked. “Did you vet it?”
“It is my understanding that a legal determination was going to be made, and then after that it would be put back on the agenda if that legal decision had been made,” O’Reilly Evans said. “So if the mayor and aldermen have made that legal decision...”
“Back in January did you do what you were supposed to do,” Delaware asked.
“I did what I was supposed to do,” O’Reilly Evans responded.
O’Reilly Evans suggested leaving the items off until they could be further investigated.
“I would say let’s just at least make a call to the state auditor and see if this is allowed the way it was done, and the way it was purchased,” O’Reilly Evans said. “That’s why it was pulled off the agenda. I don’t hear anybody telling me that they did that.”
“Well you said it was a legal matter; you should have done it,” Delaware said.
“I’ll be happy to call the auditor,” O’Reilly Evans said.
“I’m confused,” Delaware said. “We buy this stuff, and the city was buying it long before I got here. The stuff we had was old and raggedy, and we bought those supplies again – just like we buy frames and all of that.”
Delaware and Varner agreed that too much time has passed, and the bill needs to be paid. Varner said if the auditor says it’s an improper expense the board members can pay out of their own pockets.
“I want it fixed,” Delaware said.
“A bill that’s six months old needs to be paid,” Varner said. “I stick with my motion to pay it, and if they say we can’t do it, then it will cost each one of us 32 dollars and 20 cents to make up the difference.”
Delaware seconded the Varner’s motion to pay the bill.
Ward 4 Alderman Aubry Brent Jr. said he believes the board should listen to legal advice.
“We need to realize that we need to follow the advice of our attorney,” Brent said.
“We do follow the advice of our attorney,” Delaware said.
“We question the attorney too much when she tries to give us legal advice,” Brent said. “I’m not voting for it because she says it needs to be vetted further.”
“These items were charged to the Fred’s out here in early December, and we’re in the middle of July,” Varner said. “Let’s pay them and argue about it ourselves. If we can’t pay it, we’ll take up $32.20 a piece and pay it. If you don’t want to pay your part, I’ll pay it for you.”
“Two more weeks ain’t going to hurt us,” said Ward 1 Alderman Ron Johnson. “We don’t need to do this if it’s illegal.”
“I’m sick of it; I’ll pay the bill myself,” Delaware said. “It’s been seven months, and nobody has done anything. I find that abhorrent. We need to pay these people, and we need to do our jobs.”
“There’s a bill on the floor, and it has been seconded,” Varner said. “I call a vote.”
The motion died with only Varner and Delaware voting in favor.
Ward 3 Alderman Rev. Gregory Robertson then made a motion to approve the docket with the disputed items removed. His motion passed.
“I’m sick of this foolishness,” Delaware said. “For seven months this has been sitting out there, and nobody’s done any work on it at all. And you tell me to stay out of the clerk’s office.”
“We did Gilbert Lumber Company the same way a few months ago,” Varner said. “These people give us service and they need their money. Why didn’t we argue about the bill in January. This is ridiculous.”