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HomeMy WebLinkAbout01/07/2020 04A Misc. Distributed at Meeting Distributed at the itt Meeting I-7 -9Pt Function of Mayor & City Manager under Yakima City Charter Kay Funk, MD District 4 12/16/2019 The city of Yakima is in the midst of a controversy regarding the role of Mayor. With the removal of the referendum from the Feb 2020 ballot, there is no possibility of change for 2 years. We must commit to governance under the current City Charter, which describes the function of the mayor as chairing City Council meetings, executive action in times of emergencies, and otherwise only ceremonial. The mayor has no executive authority by law, and should have none in practice. I think we can all agree that the 2018-2019 Yakima City Council had some dysfunctional procedures. Those can be improved by agreement upon some procedure changes under the current City Charter. The choice of Mayor and Deputy Mayor in January 2018 was done by agreement upon votes outside of public meanings. I have been told that this is how it has always been done, but it's a violation of the Open Public Meetings Act. I do not wish to see that process repeated. Candidates interested in the position of mayor should state their qualifications and intentions in thefirst Open Public Meeting. I offer myself as a candidate for the "ceremonial" mayor position and will promise to treat all Council Members as equals with equal authority. I am also concerned that it is quite difficult to chair the Council meetings in an equal and unbiased fashion. We would be better served by an unbiased Parliamentarian. Excerpts from YAKIMA CITY CHARTER ARTICLE II Officers -- Council-Manager Form of Government The 2020 - 2021 Biennium Council has a Duty to act according to the current Charter SECTION 2. The Council shall constitute the legislative branch and authority of the City government and shall have power to adopt rules of order and regulations for the conduct of its business. SECTION 3. The Council shall choose its own chairman at its first meeting and at the first meeting after the subsequent biennial elections. The chairman shall have the title of Mayor during the biennium for which chosen. The Mayor shall preside at all meetings of the Council and shall also have the powers and perform the duties conferred and imposed by this charter and the ordinances of the City. The Mayor shall be recognized as the head of the City for all ceremonial purposes and by the Governor for purposes of military law. The Mayor shall have no regular administrative duties but in time of public danger or emergency shall, if so authorized and directed by a majority vote of the Council, take command of the police, maintain order and enforce the law. The Mayor shall also have the rights, privileges and immunities of a member of the Council with the right to vote as another member thereof. If a vacancy occurs in the office of Mayor, or in case of the Mayor's absence or disability, a Mayor pro tem shall be elected by the Council from its members to act as Mayor for the unexpired term or during the continuance of the absence or disability. SECTION 4. Except as otherwise provided in this charter, all powers of the City shall be vested in the Council. The Mayor and each member of the Council shall receive compensation as established by Ordinance. Members of the Council shall be qualified electors of the City and any member ceasing to possess any of the qualifications specified in general law or in this charter or convicted of crime involving moral turpitude while in office shall immediately forfeit his office. SECTION 7. The Council shall appoint an officer whose title shall be City Manager and who shall be the chief executive officer and the head of the administrative branch of the City government. The City Manager shall be chosen upon the basis of character and ability with special reference to actual experience in, or knowledge of, accepted practice in respect to the duties of the office as hereinafter outlined. Choice shall not be limited by any residence or political qualification. No person elected to membership on the Council shall, subsequent to such election, be eligible for appointment as City Manager until one year has elapsed following the expiration of the term for which elected. Before entering upon the duties of the office, such City Manager shall take the official oath for the support of the National and State Governments and the faithful performance of duties, and shall execute a bond in favor of the City in such sum as may be fixed by the Council. Annotations to YAKIMA CITY CHARTER ARTICLE II Officers -- Council-Manager Form of Government The 2020 - 2021 Biennium Council is empowered to modify procedures under the current Charter. These proposals are submitted for consideration and adoption by the Council. SECTION 2. The Council shall constitute the legislative branch and authority of the City government and shall have power to adopt rules of order and regulations for the conduct of its business. SECTION 3. The Council shall choose its own chairman at its first meeting and at the first meeting after the subsequent biennial elections. The selection and voting will be done according to Open Public Meeting rules. The chairman shall have the title of Mayor during the biennium for which chosen. The Mayor shall preside at all meetings [presiding over Council meetings can be delegated by the Mayor to an unbiased Parliamentarian] of the Council and shall also have the powers and perform the duties conferred and imposed by this charter and the ordinances of the City. The Mayor shall be recognized as the head of the City for all ceremonial purposes and by the Governor for purposes of military law. Unless under military law or declared emergency, the Mayor is empowered to act only by direction of the City Council, and all documents will be signed "Under Authority of the Yakima City Council".The Mayor shall have no regular administrative duties but in time of public danger or emergency shall, if so authorized and directed by a majority vote of the Council, take command of the police, maintain order and enforce the law. The Mayor shall also have the rights, privileges and immunities of a member of the Council with the right to vote as another member thereof. If a vacancy occurs in the office of Mayor, or in case of 3 the Mayor's absence or disability, a Mayor pro tern shall be elected by the Council from its members to act as Mayor for the unexpired term or during the continuance of the absence or disability. SECTION 4. Except as otherwise provided in this charter, all powers of the City shall be vested in the Council. The Mayor and each member of the Council shall receive compensation as established by Ordinance. Members of the Council shall be qualified electors of the City and any member ceasing to possess any of the qualifications specified in general law or in this charter or convicted of crime involving moral turpitude while in office shall immediately forfeit his office. SECTION 5. The Council shall meet at the times and places fixed by ordinance, but must hold at least two regular meetings each month. The Clerk shall call special meetings of the Council upon request of the Mayor or any two members. Requests for special meetings shall state the subjects to be considered and no other subject shall be considered at a special meeting except by consent of all members of the Council. The backlog of Council work, need to hire new City Manager and Asst City Managers, modification of problematic procedures, and abolition of the Council Committees requires additional meeting time. It may be helpful to reconsider the minimum number of Council meetings. All meetings of the Council and of committees thereof shall be open to the public, and the rules of the council shall provide that citizens of the City shall have a reasonable opportunity to be heard at any meetings in regard to any matter being considered thereat. SECTION 6. The Council shall choose such employees of its own body, as it may deem necessary. Employees of the Council shall not be chosen for a definite term but shall continue to serve during the pleasure of the Council. SECTION 7. The Council shall appoint an officer whose title shall be City Manager and who shall be the chief executive officer and the head of the administrative branch of the City government. The City Manager shall be chosen upon the basis of character and ability with special reference to actual experience in, or knowledge of, accepted practice in respect to the duties of the office as hereinafter outlined. Choice shall not be limited by any residence or political qualification. No person elected to membership on the Council shall, subsequent to such election, be eligible for appointment as City Manager until one year has elapsed following the expiration of the term for which elected. Before entering upon the duties of the office, such City Manager shall take the official oath for the support of the National and State Governments and the faithful performance of duties, and shall execute a bond in favor of the City in such sum as may be fixed by the Council. SECTION 8. The City Manager shall be appointed for an indefinite term and may be removed by a majority vote of the Council. At least thirty days before the effective date of removal, the City Manager must be furnished with a formal statement in the form of a resolution passed by a majority vote of the City Council stating the Council's intention to remove the City Manager and the reasons therefor. Upon passage of the resolution stating the Council's intention to remove the City Manager, the Council may by a similar vote suspend the City Manager from duty, but compensation shall continue until the removal becomes effective. The City Manager may, within thirty days from the date of service upon the City Manager of a copy thereof, reply in writing to the resolution of intent for removal. In the event no reply is timely filed, the resolution shall upon the thirty-first day from the date of such service constitute the final resolution removing the City Manager, and the City Manager's services shall terminate upon that day. If a reply shall be timely filed with its Clerk, the Council shall fix a time for a public hearing upon the question of the City Manager's removal and a final resolution removing the City Manager shall not be adopted until a public hearing has been held. The action of the Council in removing the City Manager shall be final. In case of the absence or disability of the City Manager, the Council may designate some qualified person to perform the duties of the office during such absence or disability. SECTION 9. The powers and duties of the City Manager shall be: (1) To have general supervision over the administrative affairs of the municipality; (2) To appoint and remove at any time all department heads, officers and employees of the City, except members of the Council, but the appointment and removal of those department heads, officers and employees who are subject to Civil Service or merit systems of the City of Yakima shall be pursuant to the Civil Service laws, rules and regulations of such City in existence at the effective date hereof: provided, that the Council may cause an audit to be made of any department or office of the City government and may select the persons to make it, without the advice or consent of the City Manager [The recent unilateral NO CAUSE removal of a department head was problematic. Within the employment agreement of the new city manager it should be stipulated that NO CAUSE termination of a department head requires pre-approval by the Council. Should all NO CAUSE terminations require pre-approval? Should all terminations department heads require pre-approval?] ; (3) To attend all meetings of the Council at which his attendance may be required by that body; (4) To see that all laws and ordinances are faithfully executed, subject to the authority which the Council may grant the Mayor to maintain law and order in times of emergency; (5) To recommend for adoption by the Council such measures as he may deem necessary or expedient; (6) To prepare and submit to the Council such reports as may be required by that body or as he may deem it advisable to submit; (7) To keep the Council fully advised of the financial condition of the City or town and its future needs; (8) To prepare and submit to the Council a tentative budget for the fiscal year; (9) To perform such other duties as the Council may determine by ordinance or resolution. SECTION 10. Administrative departments shall be created by the City Council as the public business may demand. Pending further action by the City Council, the administrative departments now in existence shall be continued. The rights, powers and duties of the departments shall be prescribed, distributed, assigned, established or discontinued by ordinance. SECTION 11. The City Manager may authorize the head of the department or office responsible to the City Manager to appoint and remove subordinates in such department or office. Any officer or employee who may be appointed by the City Manager or by the head of a department or office, except one who holds a position subject to Civil Service, may be removed by the City Manager or other such appointing officer at any time. Subject to the provisions of SECTION 9 and the City Manager's employment agreement herein, the decision of the City Manager or other appointing officer shall be final and there shall be no opportunity for administrative appeal. SECTION 12. Appointments made by or under the authority of the City Manager shall be on the basis of executive and administrative ability and of the training and experience of the appointees in the work, which they are to perform. Residence within the City shall not be a requirement. SECTION 13. Neither the Council, nor any of its committees or members shall direct or request the appointment of any person to, or removal from, office by the City Manager or any of the City Manager's subordinates. Except for the purpose of inquiry, the Council and its members shall deal with the administrative service solely through the City Manager and neither the Council nor any committee or member thereof shall give orders to any subordinate of the City Manager, either publicly or privately: Provided, however, that nothing herein shall be construed to prohibit the Council, while in open session, from fully and freely discussing with the City Manager anything pertaining to appointments and removals of City officers and employees and City affairs. The City Manager's employment agreement will state that Council Members' access to information from city staff will be fair and equitable. Similarly, criteria for prohibited orders to city staff by Council members will be fair and equitable. SECTION 14. The City Manager and other officers, assistants and employees, shall receive such salary or compensation as the Council shall fix by ordinance and it shall be payable at such times as the Council shall determine. The concern that Yakima City Managers use the position to gain experience and move on should be considered in granting time-in-service raises. That could be included in the City Manager's employment agreement. SECTION 15. Nothing in this Article shall affect the pension or Civil Service or merit system of the City of Yakima in existence at the effective date hereof.