The New Castle County Attorney says the veto issued by New County Castle Executive Tom Gordon of council staff pay raises is, in fact, valid.
Gordon vetoed an ordinance in late March that would have allowed high level council employees to receive pay increases tied to the Consumer Price Index. Councilmember George Smiley sponsored the ordinance, and said that Laura Dulin, the Council’s attorney, determined that Gordon’s veto was illegal. Her contention was that under state code, the County Executive doesn’t have jurisdiction over the operating expenses of the Council.
But on Wednesday, County Attorney Bernard Pepukayi delivered a legal opinion declaring that Gordon’s veto holds up to legal scrutiny, because council staff salaries do not count as internal operating expenses.
If 10 of 13 Council members do not vote to override Gordon’s written veto within 30 days, it cannot become law.
Councilman Smiley could not be reached for comment on whether he’ll seek an override vote when County Council next meets.
Update: Councilman Smiley told DPM on Monday that he is "weighing multiple options." He says he has requested the veto override be placed on Council’s April 28, 2015 Agenda for discussion and possible vote.
