WJBC Forum: Unprecedented precedent

Bloomington City Council
(Joe Ragusa/WJBC)

By David Stanczak

The great Supreme Court Justice Oliver Wendell Holmes observed that, “It is revolting to have no better reason for a rule of law than that so it was laid down in the time of Henry IV. It is still more revolting if the grounds upon which it was laid down have vanished long since, and the rule persists from blind imitation of the past.” What Holmes said about the law applies to municipal operations as well.

It’s no secret that the City of Bloomington is in a world of hurt financially. What to do about it is, or should be, the foremost concern of the city fathers and mothers. The city council has taken a step which could prove promising if the council makes the most of it. The city has created an ad hoc group known as the Budget Task Force composed of representatives of the city council, retired government officials, non-profit execs and Chamber of Commerce designees to give the city advice on how to solve the budget shortfall.

Grappling with the budget is nothing new to the city council; they do it every year with the assistance of the city’s employed staff. There may be two problems standing in the way of solutions, both of which the BTF may alleviate. The first was alluded to in the Holmes quote. The staff is always there, and they’ve grown accustomed to doing what they’ve always done to make ends meet; so has the council. “But we’ve always done it this way” may be an appropriate operating principle when things are running smoothly; it isn’t when they aren’t, and they clearly aren’t at present. A body like the BTF, being unharnessed from established, and possibly useless precedent, can provide needed perspective. But its members’ familiarity with the city gives them insight that wouldn’t be available to some consultant who comes to us from Mt. Olympus, and charges accordingly.

The second benefit of the group is that it can provide cover for the city council to take needed but painful action. Often, the obstacle to improvement is not knowing what needs to be done, but having the will to do it. Those whose oxen are about to be gored are the loudest, but noise should not be mistaken for wisdom.

I don’t know what the BTF will recommend, but I’m hopeful, and I’m hopeful that the recommendations will get a serious and considerate reception. If there was a clearly better solution, wouldn’t the council have tried it by now?

David Stanczak, a Forum commentator since 1995, came to Bloomington in 1971. He served as the City of Bloomington’s first full-time legal counsel for over 18 years, before entering private practice. He is currently employed by the Snyder Companies and continues to reside in Bloomington with his family.

The opinions expressed within WJBC’s Forum are solely those of the Forum’s author, and are not necessarily those of WJBC or Cumulus Media Inc.

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