PI.com star reporter Chris Grygiel adjudicates in the case of McGinn v. Conlin and finds for McGinn.

The City Council's only real power rests in passing laws - they have to act collectively. Conlin can no more sign a document - an administrative/executive function - than McGinn can make law. The mayor can only agree with the Council or veto a law.

Bagshaw and Conlin must now realize that they've got to backtrack and give Conlin retroactive authority to do what he did.

Read Judge Grygiel's full opinion (it's pretty persuasive) here.

However, here's my dissent: While what Conlin did doesn't jibe with the charter, it's not, as McGinn histrionically has it, that Conlin wasn't allowed to sign the SDEIS. I think Conlin could sign, but given the rules of the charter, he may has well have been Daffy Duck. His signature doesn't carry any authority.

But it did have the effect of pushing the document off to the printer. He bought the council time so the council could do something that does jibe with the charter—pass an ordinance.



What I don't know is if a retroactive move by the council to authorize Daffy Duck's signature is legit.

Watch for Advokat, PubliCola's LawNerd, to weigh in soon. And Advokat is, in fact,  a real lawyer—unlike me or Grygiel.