New Castle County Executive Tom Gordon’s veto of a proposed ordinance was called into question at Tuesday’s County Council meeting.
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.
But an hour before last night’s meeting, Council attorney Laura Dulin informed members that under state law, the veto was illegal.
"She came across a piece of state law that the County Executive can’t veto operating expenses," said Councilmember George Smiley, who sponsored the ordinance.
"It was personally satisfying. Not necessarily because it was illegal. And not for me. It was satisfying because the opportunity avails that hopefully the employees will get what they deserve and I think it’s fair and just," said Councilmember Smiley.
Smiley said that he put Dulin’s findings on the record to wait for a response from the county law department.
In a statement, County Executive Gordon’s office argues the veto is legal because amending the pay plan does not constitute a specific appropriation for an operating expense.
Gordon’s office says it will refer the matter to the County Attorney for review.