The Birmingham age-herald., 1923-01-05
VIOLATION IF LAW
 TO EXCEED BUDGET STATES ATTORNEY |
Law Enforcement Should Be. : gin at Home, Wynn Tells
 the Commissioners-Mc- :. Lendon to Stop Credit

Citing three ordinances, now in effect, but lapsed into obscurity ". J. Wynn, city attorney, declared to department heads Thursday after noon at the conference on finance, called by President D. E. McLendon. that it was a violation of the law for them to purchase supplies for their departments except through the pur- chasing department, and he warned Commissioners that it was likewise violation of the law for them to exceed their monthly appropriations. except by special action of the en- tire board.
 HA asserted that he was in favor Of Starting at home with law en- forcement" and that the ordinances on city pug hasing and financing should be either enforced or re- pealed. He declared further that, in his opinion, the only way to wipe out the deficit that has been created in the general fund Is for each depart ment to observe rigidly t--e law re- garding expenditures and especially purchasing Of supplies.
 Notice to Merchants
 President McLendon declared that unless reckless and promiscuous ex- penditurei were stopped, and all purchases made through the pur- chasing department, he would issue notice to all merchants in Bir- mingham that the city would not be responsible for debts incurred against it by it's employees.
 City Attorney Wynn said; 'In my opinion, We will never get back within the budget, and we will never wipe out the deficit of last year until we get the purcha sing back in the proper department. There is an ordinance that has never been repealed that releases the city from legal responsibility for debts incurred on account of purchases made independently by employees There is an ordinance that makes it mandatory that acquisitions shall be made to the purchasing agent by department heads, and that investi- gation shall first be made to deter mine whether the needed supplies are in the city's warehouse. If they are not, the purchase may then be made. provided the department is within it's budget. It is illegal, how ever, for the comptroller to issue checks for department when it is over its monthly appropriation. un- less special action has been taken by the entire commission.
 Violating the Law
 President MeLendon spoke after the city attorney. If we cannot de- pend on the heads of departments to carry on the work assigned to them. 1t puts us in an awkward shape" he said, referring to his responsibility for the finance department, If we do not live within our budget we are violating the law and I must insist that no department buy anything ex- cept through the purchasing agent Accounts cannot be handled satisfac- tori1y hy the eomptroller's depart lnent unless this is done
 Hardly week passes but some merchant comes to me and asks me to confirm purchases made by de- partment heads without acquisitions. I intend to write every merchant in Birmingham that the city is not re- sponsble for these purchases, unless a stop is put to them immediately"
 President McLendon referred to the saving Chat the purchasing depart ment frequently made in purchases. He cited recent purchase of less than s100 recently made by the street department, in which s27 more was paid than was necessary. It was for Supplies, also. which the city had in it's own warehouse. the president said
 I've are s7.ooo over our budget for the first two months" continued President McLendon, If we will all get together and run the city busi- hess as we would our own private Business, we can pull out of the hole. Iet us stop small leaks such as cleo